Personal Injury

The frequently asked questions and answers below are general discussion and is not legal advice and should not be relied upon in regard to your potential legal matter. Each case is unique and advice regarding your personal situation can only be made after a meeting with one of our lawyers who can obtain the information necessary to allow us to offer advice pertinent to your unique situation.

1. The insurance company said I did not need an attorney, is this true?

After the insurance company learns that you were in an accident, an insurance adjuster will try to contact you regarding the status of your claim. The insurance adjuster may ask you to sign releases for medical records or take your recorded statement. When the adjuster contacts you to discuss the accident, DO NOT SAY OR SIGN ANYTHING! Insurance companies will attempt to use your recorded statement and previous medical history against you as a way to avoid paying you for the full value of your claim.

While insurance adjusters may seem genuinely pleasant and concerned for your well-being, the insurance company is in the business of making money rather than compensating accident victims fairly for their injuries. An insurance adjuster may provide you with misleading information in an effort to pressure you into settling your case before its time. Sometimes, an injury that seemed only minor at first may ultimately require years of ongoing treatment, including surgeries.

It is absolutely critical that you consult with an attorney right way to determine what your case may actually be worth. Otherwise, you may end up signing away your rights to compensation. If you have been in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.

2. What damages am I entitled to recover as a result of my car accident injury?

There is no mathematical formula to determine precisely how much you are entitled to recover. Every case is evaluated on a case-by-case basis.
The amount really depends on a number of factors, including but not limited to:

  • Your insurance coverage (i.e. limited tort or full tort)
  • The insurance coverage of the other person responsible for your injuries
  • The extent of your injuries, including any current and future medical treatments and/or surgeries
  • Estimated time of recovery
  • Any missed work
  • Amount of unpaid medical bills
  • Permanent scarring
  • The details of the accident
  • Lost wages, future lost wages
  • Embarrassment

The sooner you consult with an attorney, the sooner this information and evidence can be obtained and preserved to help support your case. If you have been in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.

3. Will the information I share be confidential?

As a general rule, our office will not reveal any information related to your representation without your consent. We cannot reveal any information given to us in an initial meeting even if you decide not to hire our firm. All of that information is still confidential.

Medical records concerning your personal injury suffered in your accident are protected under various statutes and require medical records releases to be executed to allow others to see your records. Relying on Gaydos, Gaydos & Associates, PC to guide you in making your decisions to release your records.

However, anything that you post on social media or any other website is not confidential and could be damaging to your case. Anything online is likely to be viewed by an insurance company and can easily be used to weaken your case by attacking your credibility. Our firm can help assure that your information is properly protected. If you have been in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.

4. How soon after I am injured do I have to file a lawsuit?

One of the most important factors to consider with your personal injury claim is that there is only a limited amount of time allowable under the law for filing your lawsuit. For adults injured in Pennsylvania, the deadline for filing a legal claim (the "statute of limitations") is generally two years from the date of the accident. If the injured person is a minor, the statute of limitations can be as long as 2 years after the minor turns 18.

While this may seem like a lot of time, it is important that you retain experienced personal injury representation right away to maximize your chance of a favorable outcome. The sooner you consult with an attorney, the sooner critical records and evidence can be obtained and preserved to help support your case. If you have been injured in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.

5. Will my personal injury case go to trial?

This is often one of the first questions that we hear when sitting down with a new client. Generally, the vast majority of all personal injury cases will settle outside of a courtroom, and many cases settle before a lawsuit is ever filed. Often times, this is the most satisfying outcome as it reduces the risks and uncertainties of trial and allows you to avoid the lengthy litigation process, including potential appeals.

However, it is important to remember that each case is unique and an experienced attorney can help you determine the value of your case and assess its strengths and weaknesses. For more than thirty years, our firm has helped victims of accidents navigate the complicated legal process. If you have been in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.

6. How do I handle my lost wages and medical bills until my case is settled?

Depending on your own insurance coverage, you may be entitled to compensation for lost wages resulting from your accident. Your employer may pay for lost wages if you have disability benefits at your job. However, your disability insurer may have the right to reimbursement or "subrogation" from your proceeds of your claim.

In Pennsylvania, your auto insurance is normally your first method of payment for medical bills resulting from your injury whether the accident was your fault or not. This coverage is called First Party Benefits. Your own auto insurance covers you for first party benefits even if your vehicle was not the one involved in the accident. However, the situation becomes complex if you do not own a car and nobody in your household has auto insurance. If that is your case, you may need to submit your medical bills to the auto insurance company that insures the vehicle that you occupied during the accident.

If your coverage is exhausted, additional medical bills go directly to your private health insurance, including Medicare or Medicaid. Excess or non-covered medical bills may not be paid until your case is settled. This is a confusing area of the law and answers hinge on fact specific determination. Let us help guide you through this complicated process. If you have been in an accident, call us at (412) 678-7900 for a free, no-obligation case analysis.