Ferrara Law Offices, P.C.
FAQ's for Personal Injury Claims
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No one expects to be injured. Many clients ask these Frequently Asked Questions:

Q: Do I have a case?

If you or one of your loved ones has been injured in a car, motorcycle, or bicycle accident, or experienced wrongful death, work injuries, a slip & fall then you might have a case. You owe it to yourself to seek legal advice. Remember that in most cases injuries appear after a period of time and sometimes, if you don't have a claim filed you can't recover compensation for those injuries.

Q:I have been in an accident but I wasn't badly hurt, do I need to make a claim?

Yes. Some injuries take time to develop. Even if your injuries seem minor they may get worse with time and you might end up missing work, face big medical bills, and have other losses. Filing a claim can protect you from unforeseen hardships.

Q: Why should I call a lawyer?

Insurance companies are in business to take money and keep it, period. Often times insurance companies will discourage claimants from consulting with an attorney in an effort to settle the case for less than full value. Insurance companies do not want you to appreciate the value of your case and do not want you to play on a level playing field.

Q: When should I call a lawyer?

The sooner, the better. There are time limits for making claims and if you wait too long and the deadline passes, your claim will be dismissed. It is important that you get legal advice promptly because the longer you wait the harder it can be to find witnesses and to gather evidence. Thus, waiting can cause you to suffer an adverse result or receive a smaller settlement than what you could have received if you'd sought help sooner.

Q: Will I be able to recover money even if I am only partly at fault?

Yes, in most cases and in almost every state, accident victims can recover money even if they are partly to blame for the accident.

Q: If I make a claim, will I have to spend lots of time in court?

No, most injury claims settle without the accident victim ever going to court.

Q: How can I afford to pay a lawyer?

Most injury claims are handled on a contingent fee basis, meaning the legal fee is paid from recovery. Ferrara Law Offices offers a free consultation and you don't have to pay if we don't win your case.

Q: What do I do if an insurance adjuster offered me money after the accident?

Make an informed decision by consulting with a lawyer before you sign anything. Why? Because in most cases the full extent of many injuries are not known for quite some time until after the accident, so it is important to have the experience and expertise of an attorney to help you evaluate your potential losses. Do not sign away your rights too later discover that your injuries and the value of your case was far worse than what you originally thought. Adjusters work for the insurance company, not for you, and their job is to pay you as little as possible.

Q: What does Wrongful Death Claim mean?

Wrongful Death a term used to describe the type of lawsuit brought by the spouse, children or parents of a deceased person, against the person who caused the death to occur. The misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The damages one can recover include reasonable hospital, nursing, medical, funeral expenses, and expenses of administration necessitated by reason of injuries causing death.

Q: What does Survival Action Claim mean?

Survival Action is a term used to describe the type of lawsuit brought on behalf of the decedent's estate. In such an action, the personal representative stands in the shoes of the decedent claiming the same damages that the decedent could claim if they had survived. Thus, a survival action includes claims for the pain and suffering that a decedent suffered up to and at the moment of death. As with Wrongful Death, the misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company.

Q: What is a Medical Malpractice Lawsuit?

A Medical Malpractice Lawsuit, also called medical negligence, is the failure of a medical professional to meet the standard of good medical practice in the field in which the medical professional practices. It occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient.

Q: What is the difference between Compensatory and Punitive Damages?

Compensatory damages are those damages calculated to compensate the victim for what the victim has lost. This term refers both to the description of actual losses that a plaintiff has experienced, pain, suffering, as well as the measure of these losses as established in monetary terms, including medical expenses, lost income, loss of future earning capacity, etc.

Punitive damages, or exemplary damages, which are designed to punish a defendant whose behavior in causing the plaintiff's injuries was especially egregious. Generally, punitive damages focus on the conduct of the wrongdoer, as opposed to the damages of the victim.

Q: What is Product Liability?

When a person is injured as the result of a defective product, they may have a product liability claim against such people and corporations as the manufacturer of the product and any or all wholesalers and retailers of the product as it moved from the manufacturer to the end user. This chain of responsibility can be very complex, and in such cases it is vitally important to identify
all potential defendants as early as possible. Also, if a particular product has resulted in product liability cases in the past, thorough research can turn up a great deal of information to speed new cases to successful conclusion. Experienced personal injury attorneys will have ready access to databases and information exchange forums regarding a wide variety of product liability data.

Disclaimer:

The information presented on this page is not legal advice and is not intended to be receive and/or directed to persons outside the Commonwealth of Pennsylvania. Neither transmission nor receipt of the information on this site will create an attorney-client relationship between the transmitter and receiver, nor will it constitute legal advice. The material in this site may be considered advertising for persons inside the Commonwealth of Pennsylvania only. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. All information contained in this website pertains to the Commonwealth of Pennsylvania. The laws of other states and nations may be entirely different from what is described here. Communications through the internet are not secure and may be intercepted by persons other than the transmitter and the intended recipient. Do not e-mail any confidential information to Ferrara Law Offices.