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A. Personal injury law refers to a broad range of
negligence claims in which an individual seeks to recover compensation
from another person or a company for physical or emotional injury, and
for economic losses. Most personal injury claims arise from automobile
accidents, although such claims may be made for injuries caused by
dangerous products, falls, medical negligence or other circumstances. |
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| Q. What are
the differences between limited tort and full tort insurance? |
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A. In Pennsylvania, all owners of vehicles
must have liability insurance. If you choose the full tort option, you
may sue for all of your losses, including your pain, suffering and
inconvenience caused by someone else’s negligence. If you choose the
less expensive limited tort option, you cannot recover for pain and
suffering, with limited exceptions, unless you have an injury that is
considered to be very serious. |
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Q. Who pays my medical bills after my
automobile insurance medical benefits coverage is used up? |
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A. Usually, any additional
medical bills will be submitted to your own health insurance. If you
don’t have any other medical insurance, you can recover medical expenses
from the other driver, if that driver was negligent. |
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| Q. I was
injured in an accident and the other driver was at fault. The insurance
company called me and offered a settlement. Should I settle without
consulting with a lawyer? |
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A. Don’t settle an insurance
claim for personal injury unless you get legal advice first. We do not
charge for a consultation to discuss a personal injury case, and there
is no obligation to hire us. You may be giving up important legal rights
that you don’t know about if you agree to a settlement without first
discussing your case with a lawyer. |
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| Q. What is
uninsured and underinsured motorist coverage, and do I need it? |
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A. Uninsured motorist coverage
provides coverage for you if your injuries are the fault of a driver who
does not have liability insurance coverage. Underinsured motorist
coverage provides coverage if your injuries are caused by a driver whose
liability insurance coverage is insufficient to compensate you for all
of your losses. These coverages tend to be relatively inexpensive to
purchase, and I recommend that you have them as part of your automobile
insurance plan. |
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| Q. What
should I do if I am in an automobile accident? |
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A. Make sure that you obtain
the other driver’s name, address, phone number, driver’s license number,
automobile insurance carrier, policy number, address and phone number .
If there are any witnesses to the accident, get their names, addresses,
and phone numbers. Don’t make any statements to the other driver about
how the accident happened. If you have been injured, be sure to get
prompt medical attention. |
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Q. If I make a claim for injuries, how long does it take to conclude it? |
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A. The length of time it takes
to conclude a personal injury case depends upon many factors, including
the severity of the injury, whether or not liability is contested by the
other driver, and what court the case is filed in. If it is not possible
to settle without instituting suit, a lawsuit must be filed within 2
years of the time of injury. |
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| Q. Do I have
to pay an attorney fee? |
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A. Most personal injury cases
are accepted on a contingent fee, which means that an attorney fee is
owed (usually as a percentage of money recovered), only if you receive
money damages for your claims. You may be required to pay costs for
pursuing the case (such as court filing fees and charges for medical
records and reports), which is discussed at the time that you meet with
an attorney. |
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