Personal Injury FAQ’s

How soon after I am injured should I speak with a lawyer?

It is important to contact Gay Chacker & Ginsburg as soon as possible after an accident, medical error, infringement of your civil rights, or any other important legal matter. It is essential to call us right away. There may be time limits that apply to your claim or lawsuit, and we will need to submit all necessary documents and evidence before that deadline. If you have been injured, you will be receiving medical bills while also missing work time, making timely action on our part all the more crucial. We will zealously protect your rights and interests and work to get you the best possible compensation as quickly as possible, right from the start.

Do I need to file a claim or personal injury lawsuit immediately after I’m injured?

Every state has its time limit, called a statute of limitations, by which you must file a personal injury lawsuit or workers’ compensation claim. It is vital that you do not miss the deadline for filing your case! You can lose your legal right to recover losses and claim compensation for your injuries if you wait too long to file. It is vital that you or a loved one contact us as soon as possible after you suffer or discover an injury.

How do I know if I have a personal injury case?

In a personal injury case, you and/or your property will have suffered an injury due to someone else’s negligence or intent to harm. An actual physical injury is not necessary for a personal injury lawsuit, but you must have sustained some form of harm or loss. That might include a physical injury, mental/emotional trauma due to threats or harassment, a loss of your or your business’s reputation, or an invasion of privacy.

How will my problem be resolved – by settlement or in court?

Many cases are resolved by settlement. In those cases, both sides agree that the person or company at fault or their insurance company must compensate you for your injuries and/or losses. If no settlement agreement can be reached out of court, our skilled trial attorneys will go to court to fight hard for your right to fair and just compensation. As our client testimonials state, our attorneys are very reliable in returning all calls and being in regular contact with you, while we gather and assess the evidence needed to build your claim or lawsuit. We will keep in touch regularly to keep you informed of all progress.

What if my friend or family member dies before they are able to file a personal injury claim or suit?

If the injured person dies because of their injuries, their family may recover money through a wrongful death action. If they die from unrelated causes, a personal injury claim can still be made on their behalf. The claim would be filed by the executor or representative of the deceased person’s estate.

What does it mean in personal injury cases if someone has been negligent?

A person is negligent when they fail to act like an “ordinary reasonable person” would have acted. Negligence is a failure to act with the level of care that any person of ordinary carefulness would have used under the same circumstances. Negligence usually refers to actions, but can also refer to lack of action when there was a duty to act. This might include a person failing to stop someone from becoming injured because of some action or situation the negligent person created. That refusal to take responsibility, warn or help another person can apply to individuals, businesses, employees, and consumers.

What if I can’t prove someone’s negligence caused my injury?

Some companies or individuals may be held “strictly liable” for certain actions even if they have not acted negligently or with wrongful intent. This applies if you were injured by a defective or dangerous product, for example. You may recover compensation from the manufacturer or seller of the product without having to show that one of them was acting in a negligent way. For example, individuals or businesses that use explosives or store dangerous substances on their property can be strictly liable for harm caused to others, because of these actions.

Can I try to settle my personal injury case or claim myself?

You can try to do this on your own, but you will be facing insurance companies who are experts at finding ways to pay you as little as possible, or nothing. It will not matter how strong your claim is. Because you are not a lawyer who can sue them, they will not take your letters or emails very seriously. They will prolong the process and find the right loopholes to get out of paying you the money you have a right to receive. Also, there are usually several different insurance policies to collect from—insurance companies will not tell you this.

If I don’t win compensation in lawsuit is there still a lawyer fee?

We will charge you absolutely no fee unless we recover financial compensation for you.

Is lawsuit settlement tax free?

Wherever possible, our knowledgeable personal injury lawyers will structure the settlement so that it is completely tax-free.

How long will it take until I receive financial compensation in lawsuit?

We will work hard to get you your compensation as quickly as possible. If you were injured in an accident, we can sometimes get you a settlement check in a number of weeks. Cases such as medical malpractice and product liability and more complex, and can take several months or longer. But we always work to get compensation to clients as soon as possible.

Will I have to go to court in lawsuit?

We are able to settle the vast majority of our clients’ claims without having to go to trial, but should your case come to trial, we will use our strong trial skills to powerfully represent your interests in court. Our personal injury attorneys will work daily to push your state’s Workers Compensation Board and any insurance companies involved until they pay you as large a settlement as possible.

If I have a personal injury claim, what damages can I try to recover?

Personal injury cases can involve financial, physical, mental/emotional, and damages to property and business reputation. Compensation can be paid to cover many areas.

Why should I use Gay Chacker & Ginsburg instead of another law firm?

Our Philadelphia-based lawyers are known for reaching excellent settlements as quickly as possible, treating clients with the respect they deserve, and working as conscientiously and as hard as we can. We have an excellent track record of serving clients in Pennsylvania, New Jersey, and surrounding areas for the past five decades. We are here to help you and your family.

Why should I hire a lawyer for my personal injury case?

You have a far greater chance of receiving full and fair compensation for your losses if you are represented by an attorney. Those who turn to a law firm for guidance through the claim or lawsuit process recover far more compensation on average, than those who file a claim on their own. A skilled attorney’s knowledge and ability will help immeasurably. You do not want to stand alone when dealing with insurance companies in a settlement or in the courtroom.

How much does a personal injury lawyer cost?

In most personal injury cases, a lawyer’s contingency fee is between 33% and 40% of whatever compensation the lawyer gets for you

What do personal injury lawyers do?

A personal injury lawyer is someone who provides legal representation to individuals who have been injured in an accident.

What are personal injury claims?

A personal injury case is a legal dispute that occurs when one party endures an injury due to the negligence of another. The goal of filing a personal injury lawsuit is to recover compensation for the alternate party’s wrongful act that is responsible for the injury.

What percentage of compensation do personal injury lawyers take?

In most personal injury cases, a lawyer’s contingency fee is between 33% and 40% of whatever compensation the lawyer gets for you.

What kind of cases do personal injury lawyers take?

Motor Vehicle Accidents · Premises Liability · Product Liability · Medical Malpractice · Workers’ Compensation · Assault/Sexual Assault 

Why do most personal injury cases settle?

Settlement Guarantees an Award: Trials are unpredictable. A personal injury plaintiff who takes their case to trial must remember that there is always a chance that they will lose their case and get $0. By settling their cases victims guarantee that they will be compensated for their losses.

Auto Injury FAQ’s

Can’t I handle my auto accident claim on my own?

After suffering injuries in an automobile accident, it is possible to file an insurance claim on your own. However, insurers look for ways to pay you as little as possible without a lawyer on your side – regardless of the strength of your claim. You could lose thousands of dollars you might have received if you had had an experienced attorney guiding the process for you. Our attorneys work on contingency fees, which means that we do not collect a fee unless we recover compensation for the damages you’ve suffered from you car accident case.

In terms of auto insurance, what is the difference between full tort and limited tort insurance?

Limited tort insurance generally prevents you from getting money for any pain and suffering you experience after an accident. Full tort allows you to recover money for your pain and suffering. But there are many exceptions to this rule. Our Philadelphia personal injury attorneys can often get you fair compensation for your injuries, even if you don’t have full tort insurance.

Can you still get compensation for pain and suffering with limited tort insurance?

Limited tort does not allow an injured person to recover for pain and suffering, loss of consortium, or loss of the ability to enjoy life’s pleasures or take on daily tasks as before the crash. However, Pennsylvania law provides several exceptions that allow injured victims to recover for their full range of damages, even when they have limited tort coverage. In situations that meet one of these exceptions, victims can still obtain compensation for applicable non-economic damages. We list those exceptions on our limited tort page.

What is uninsured motorist coverage in PA?

Adding uninsured motorist coverage to your insurance policy means that the insurance company must pay your medical costs if you are injured in an accident where the other driver is uninsured.

What is underinsured motorist coverage in PA?

With underinsured motorist insurance coverage, the insurance company must pay your medical costs if you are injured in an accident where the other driver has some insurance coverage, but not enough to pay for your medical expenses and other losses.

The insurance company offered a settlement, do I need a lawyer?

Insurance companies are expert at paying out the lowest amount possible—or nothing—to those who apply for compensation. They exist to earn large profits, not to help you or your family. The insurance adjuster may seem very friendly and helpful, and might even provide a lot of detail about the compensation they say their company will pay you. But their main goal is to pay out as small an amount as possible. When they say they will pay for medical care, for example, they may only be referring to your first doctor’s appointment, not weeks or months of appointments. Keep in mind that adjusters are usually rewarded and/or promoted for resolving claims for little or nothing, as quickly as possible. Do not allow an insurance company to cheat you. Get an attorney who has the legal skills, knowledge and experience you need to settle your claim for the highest amount possible.

What is the average settlement for a car accident lawsuit?

According to the 2021 car accident settlement examples listed on this page, the typical Pennsylvania car accident lawsuit settlement is anywhere from $333,333 to $5,000,000 – with an average settlement across this set of examples of $2.7 million.

How do I find the right car accident lawyer?

Crash victims should ask potential attorneys for their car accident settlement examples so they can understand how the attorney has performed for past clients. It’s also important to make sure the attorney has experience with similar crash types.

How long after a car accident can you sue in pa?

For car accidents, like most personal injury cases in the state, the statute of limitations in Pennsylvania is two years. The date begins on the day the car accident happens. If someone is killed or injured, a lawsuit must be filed two years or less to the day of the actual accident.

Is it worth getting a personal injury lawyer for a car accident?

It can certainly be worth getting a lawyer for a car accident, particularly if the accident was serious and you suffered extensive or permanent injuries.

Medical Malpractice FAQ’s

What things must be proven to win a medical malpractice lawsuit?

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

What are 3 types of medical malpractice?

Failure to make the correct diagnosis, birth injuries and medication errors.

What are the most common types of medical malpractice?

Misdiagnosis or delayed diagnosis, failure to treat, prescription drug errors, surgical or procedural errors, childbirth injuries.

How long do you have to sue for medical malpractice?

Subject to some exceptions, Pennsylvania has a 2-year statute of limitations for filing a medical malpractice lawsuit. This means that a patient has 2 years starting from the date of the medical provider’s act of malpractice within which to bring a lawsuit.

What constitutes medical malpractice in Pa?

Medical malpractice in Pennsylvania is generally defined as negligent or unskilled treatment by a healthcare professional that deviates from accepted medical care standards and results in injury to the patient.

Are medical malpractice lawsuits successful?

Jury Verdict Outcomes –The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence.

What is the average settlement in medical malpractice case?

The average settlement for a medical malpractice case varies, depending on factors such as the type and severity of the injury, whether there was a death involved, and the year and state where the case took place. In 2018, Pennsylvania had the second highest state average after New York, but this doesn’t necessarily mean you can expect to receive compensation that matches an average amount. Each medical malpractice case and each settlement amount is unique.

Slip & Fall FAQ’s

How long after a fall can you file a claim?

Cases must be filed within 2 years. For a slip and fall, trip and fall, or other similar injury, the clock begins to run on the date of the accident.

What slip and fall injuries can you file a claim for?

Whenever someone slips and falls, or trips and falls, there’s a chance it was because of some hazard or obstacle that shouldn’t have been there. If that’s the case, the property owner (or business) may be liable for the injury. 

What is the average slip and fall lawsuit payment?

The average slip-and-fall settlement is between $10,000 and $50,000. If you’ve been in a slip-and-fall accident, you may be entitled to significant compensation. The settlement can help cover medical bills, lost wages, and other accident-related damages. The settlement amounts in slip-and-fall cases can vary.

How does a slip and fall case work?

A slip and fall case is a premises liability case that often requires proving negligence, building a case, negotiating a settlement, and sometimes arguing a case at trial.

Police Brutality FAQ’s

Is police brutality a civil rights violation?

Yes, One of the core elements of the United States’ federal civil rights laws is to protect American citizens from abuses by government, including police misconduct.

What is an example of police brutality?

Police brutality is the excessive and unwarranted use of force by law enforcement against an individual or a group. It is an extreme form of police misconduct and is a civil rights violation. Police brutality includes, but is not limited to, beatings, shootings, “improper takedowns, and unwarranted use of tasers.

Average settlement for police brutality?

The median amount of the payments is $17,500, and most cases are resolved with little or no publicity.

Can you sue for police brutality?

Residents can sue Pennsylvania police departments for depriving them of their constitutional rights.

What are examples of police brutality?

In the United States, the unwarranted or excessive and often illegal use of force against civilians by U.S. police officers.

Can you sue for police brutality?

Residents can sue Pennsylvania police departments for depriving them of their constitutional rights.