Woman turning page of book with words PERSONAL INJURY LAW

Personal Injury FAQs

Goldberg, Goldberg & Maloney April 10, 2023

If you have been injured in an accident in Pennsylvania, you may have questions about the best way to protect your rights and obtain compensation for your medical expenses, lost wages, and any other losses and damages.  

However, sometimes the answers are not easy to find. That is why you may need a personalized and no-obligation consultation with an attorney. Our trial attorneys at Goldberg, Goldberg & Maloney are ready to help answer your questions and fight for the compensation you deserve. Reach out to our office in West Chester, Pennsylvania, for a free consultation.  

Personal Injury Frequently Asked Questions 

Here are some answers to common questions about Pennsylvania personal injury cases. 

What Should I Do After an Accident?  

If you have been involved in an accident that resulted in injuries, the first step is to seek medical attention because, in addition to receiving necessary treatment, it’s important to collect documentation about your injuries as soon as possible.  

If you were involved in a car accident, you should also take pictures of the damage done to any vehicles involved and exchange contact information with all parties involved. If there were any witnesses present at the time of the accident, be sure to get their contact information as well.  

Is Pennsylvania an At-Fault or No-Fault State?  

Pennsylvania is a no-fault state when it comes to car accidents. This means that each party involved in the accident will file a claim with their own insurance company regardless of who was at fault for causing the accident. Each person's own auto-insurer pays for their medical bills and property damage up to certain limits specified by their motor vehicle policy. If your policy does not cover what you need, and the other party’s negligence was the cause of your accident, you may be eligible to seek additional recovery by filing a civil lawsuit against them.  

What If I Was Partially at Fault?  

If you were partially at fault for causing an accident, there may still be options available for receiving compensation depending on how much blame is attributed to each driver involved in the incident. In some cases, both parties may be found partially responsible for causing the accident and would split any liability accordingly between them both when filing claims with their respective insurers. It may also mean that you won’t be able to receive full compensation from the insurance company because your recoverable damages will be reduced in proportion to your percentage of fault.

Should I Talk With the Insurance Adjuster?  

Do not talk to the other driver's, or at-fault party's, insurance adjuster. You are likely required to cooperate with your own insurance company. However, it is usually best to avoid speaking with them until you have consulted a personal injury attorney or have had enough time to research your rights and options. The insurance adjuster represents the interests of their company, not yours, and may try and get you to agree to a settlement that is lower than what you deserve. 

How Long Do I Have to File a Personal Injury Claim in Pennsylvania? 

In Pennsylvania, most claims for physical personal injuries must be settled within two years of the date of the accident that caused your injury. Because every case is unique and not all injuries are immediately evident, there are certain exceptions in place that can extend this statute of limitations. But, generally, if you miss the deadline to file your claim, then you will likely lose your chance to pursue compensation for your injuries. The sooner an attorney can get to work, the better it is for you.

Do I Need to Hire a Personal Injury Attorney?   

While it is not required by law to hire a personal injury attorney after an accident occurs, having an experienced advocate on your side almost always results in you obtaining more compensation for your claim than attempting to negotiate it on your own.

Our skilled attorneys can help ensure that all evidence needed for your case is gathered correctly and presented effectively when needed as well as provide valuable advice throughout each step of the process so that you are fully aware of what actions are being taken on your behalf at all times. 

Understand Your Rights After an Injury  

Understanding personal injury laws can often be confusing in Pennsylvania. However, knowing the answers to your questions can help ensure that your rights are protected and that you receive all necessary compensation for your damages and losses. If you need help with your personal injury claim, reach out to our trusted attorneys at Goldberg, Goldberg & Maloney and schedule a free case evaluation