Larrimore & Farnish, LLP - Personal Injury Attorneys in Philadelphia, PA

Frequently Asked Questions

The following pages may answer some of the legal questions that you may have. These are some of the most common questions that arise during legal consultation. If you have other questions, please contact us.

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Bodily Injury Claims

Can I always recover money if I am hurt?

No. Just because you are hurt does not mean than you can recover money. You only have a right to recover compensation for your injuries if they are caused by the negligence of another. In general, if you are hurt as a result of the carelessness or negligence of someone else, than you may recover an amount to compensate for your medical bills, lost wages and pain and suffering.

Can I recover money if I am partially at fault in causing the accident?

In Pennsylvania, and most states, even if you are partially at fault you may still recover money. However, the amount of money you receive will be reduced by the percentage of your fault.

Example: If you are 25 percent at fault in causing an accident, and the full value of your injuries is $100,000, the amount of money you receive will be reduced by 25 percent, so that you will receive $75,000. In Pennsylvania, once you are considered more than 50 percent at fault you will receive zero dollars.

What should I do if I am hurt in an accident?

You should not speak with anyone about the accident, other than the investigating police officer and your doctors, until you have had an opportunity to speak with an attorney. If this was an auto accident, you may report the accident to your own insurance company, but do not provide a tape-recorded or signed statement until you have consulted with an attorney.

Do not contact or speak with the insurance company for the person who hurt you until you have consulted with an attorney.

Also see the section on protecting yourself after an accident.

Is there a time limit for bringing a bodily injury lawsuit?

Yes. Each state has its own time limit, which is called a "statute of limitations." In Pennsylvania, and many other states, the time limit is two years. Some states, for example California, have a one-year time limit. Some states, for example Florida, have a longer time period. It is very important to promptly consult an attorney in the state where the lawsuit may be filed to determine the time limit which is applicable to your claim.

What is the value of my claim?

The value of all claims for bodily injury depends on the nature and extent of your injuries, and the amount of any economic (money) loss you have suffered. Generally, if your claim is successful, you are entitled to an award for the amount of any medical bills for which you are responsible to pay, the amounts of any wages you lost and an amount to compensate you for the pain and suffering you have endured in the past, and may endure in the future.

However, if your claim arises out of a motor vehicle accident, your medical bills and lost wages will be paid by your own automobile insurance, or the insurance on the car you are in. Your claim against the negligent driver will be for pain and suffering and other non-economic losses, or for bills that are in excess of your own medical insurance.

Do I need an attorney?

Yes. You should consult with an attorney to learn about your rights and responsibilities following any type of accident where anyone might be injured. If you are insured, you may have requirements under your own insurance company. You want to take the necessary steps to protect yourself in the event you are sued by the other driver. If you are injured, you need to take certain steps to protect your right to sue for your injuries.

Should I give a statement to the insurance company?

If the person who caused your injuries is insured, shortly after the accident you will probably be contacted by his or her insurance company. The person contacting you is called a "claim representative" or "adjuster."

It is important for you to remember that the adjuster's job is to minimize the amount of money which the insurance company may be obligated to pay you. The adjuster is highly trained, and probably has much more experience than you in handling bodily injury claims.

If you attempt to deal with the adjuster on your own, you probably will not receive full compensation for your injuries.

How is my attorney paid?

Most bodily injury claims are normally handled by attorneys on a contingency fee or percentage fee basis. This means that the attorney fee will be a percentage of the amount of money recovered on your claim. If there is no recovery, the attorney earns no fee.

Make certain that the attorney provides you with a written attorney fee agreement which sets forth the amount of the attorney fee and make sure that you understand what the attorney will be doing and what your responsibilities are under the contract.

Auto Accidents

What should I do if I am in an accident?

Exchange information with the driver(s) of the other vehicle(s). Write down the license tag numbers of every vehicle involved in the collision. Ask to see the driver's license, owner's card, and insurance information for any driver or vehicle that came into contact with your vehicle. Write down all relevant information on the cards, including:

year, make, and model of the other car;
title or registration number of the other vehicle;
name and address of the owner of the vehicle;
insurance company and policy number;
name, address and operator's number of the other driver.

Write down the location of the accident - the street or road you were on and the name of the closest intersecting street. If it happened in front of a particular store or street address, write down the name of the business and the exact address.

Write down the names, addresses and telephone numbers of any witnesses to the accident, or of any individuals who come up and offer assistance.

If you have AAA or belong to another automobile club, call them to arrange towing. Otherwise, call an independent towing organization. Be aware that some tow truck drivers have police scanners and show up at an accident sites trying to convince you to have your vehicle towed to their body shop. Exercise caution before agreeing to allow such a tow truck to take your vehicle. Some (but not all) of these body shops charge a storage fee of as much as $25 a day just for keeping your car on their property, only waiving that fee if you allow that shop to do the body work on your vehicle. When your car is damaged, only you have the right to select who should do the repair work.

Should I call the police?

If there is any injury or property damage, request the local police department to come to the scene of the accident. Cooperate fully with the police and let the officer know of any injuries (including any pain that you feel at the scene). If the police do not come, you should report the accident to the police at your earliest opportunity.

Police reports are generally very important in determining who is at fault in an accident. In serious accidents, the police investigation will preserve important information, including the identity of witnesses, measurements of skid marks and independent visual observations recorded close in time to the accident.

When should I seek medical treatment?

If you are injured, seek immediate medical treatment. If you feel pain at the scene of an accident, it is important that you go to an emergency room for treatment or to be checked out to make sure there is no serious injury that might have devastating consequences without prompt medical care.

When should I contact an attorney?

If you are injured, contact an attorney as soon as possible so that the attorney can begin an investigation and preserve any evidence which may be important to your claim.

Should I contact my insurance company?

Do not provide a written or tape recorded statement to any insurance company, even your own insurance company. You can report the accident to your own insurance company, but do not give a recorded statement without first consulting with an attorney.

Auto Insurance

What is liability coverage?

This is the coverage that protects you in the event you are at fault and cause an accident and are determined to be responsible for paying the damage to the other driver's car, or responsible for the bodily injuries suffered by someone else in the accident. Your insurance company will pay the amounts which are awarded to the other parties, up to the limits of the liability coverage which you have purchased.

Are there limits to my coverage?

Every insurance policy has a limit of coverage. This is the maximum amount the insurance company will pay, even if it is determined that an additional amount is owed. Therefore, it is important that your insurance policy has sufficient coverage so that you will not face financial hardship if you are obligated to pay a large amount to another person.

1) Split Limits - Some insurance policies are written with what is known as "split limit coverage." For example, you may see on your policy, under the liability section, two numbers like $15,000/$30,000, or even just 15/30. This means that the insurance company will pay a maximum of $15,000 to any person who suffers injuries as a result of your negligence, with an additional maximum of $30,000 combined to all injured persons, if there is more than one person injured in the accident.

For example, if five persons are injured as a result of your negligence, your insurance company will not pay more than $15,000 to any person injured, and will not pay more than $30,000 total for all five persons injured in that single accident.

2) Single Limits - Some insurance policies are written with what is known as "single limit coverage." For example, you may see on your policy under the liability section $100,000. This means that the insurance company will pay a maximum of $100,000 for all the persons who are injured as a result of your negligence. One person could receive the entire $100,000, or that amount can be divided in any way among two or more persons.

Although the minimum liability coverage required by law is $15,000 per person and $30,000 per accident, we recommend that you try to purchase at least $100,000 in liability coverage.

What types of benefits are available with auto insurance?

In insurance company technical language, you, as the purchaser of insurance, are known as the "insured" or the "first party." Most automobile insurance policies provide various coverage under which you, as the insured, may receive money for losses you sustain arising out of the maintenance or use of a motor vehicle.

1) Medical Payments - In Pennsylvania and some other states, every auto insurance policy must provide coverage for medical bills for treatment which you, as the insured, require for injuries which arise out of your use of a motor vehicle. Under this coverage, the insurance company is responsible for paying the medical bills, up to the limits of coverage, no matter who is at fault in causing the accident. This type of coverage will pay your medical bills for treatment for any accident in which you, (or a member of your family living with you), are injured, even if your car is not involved.

In most states, the insurance company is not permitted to recover the amount it pays from the driver who is at fault. Further, in most states the insurance company is not permitted to increase the cost of insurance paid by you, the insured, or refuse to renew the insurance policy, merely because it paid the medical bills.

Limits of Coverage - In Pennsylvania, the auto insurance company must provide at least $5000 as the minimum amount of medical bill coverage. You may purchase additional amounts. If you do not have health insurance, it is strongly recommend that you purchase at least $10,000 of coverage, if not more. If you have medical coverage, then this is not as important.

2) Uninsured Motorist Benefits - Uninsured Motorist (UM) Benefits pay you, as the insured, if you were injured as a result of the negligence of another driver who had no insurance, or if the driver who caused the accident fled the scene of the accident or if you are injured in a hit-and-run accident. Under this coverage, your insurance company pays you the amount that you would have been entitled to receive from the other driver's insurance company, if the other driver had insurance. Insurance companies in most states are not permitted to raise your rates, or refuse to renew coverage, merely because of an UM claim.

In Pennsylvania, UM coverage is optional. However, we strongly recommend that you maintain this coverage on your policy. Unfortunately, a large percentage of individuals who drive on our streets and highways don't have any insurance on their cars. Therefore, if you are involved in an accident with one of these drivers, you will receive no compensation for your injuries unless you have UM coverage.

UM coverage is relatively inexpensive. If you believe you have waived this coverage, it is strongly recommended that you contact your insurance company and request a quote on the amount it will cost you to maintain UM coverage in the same amount as your liability coverage.

3) Underinsured Motorist Benefits - Underinsured Motorist (UIM) Coverage will protect you if you were injured as a result of the negligence of another driver who maintained insurance coverage, but with limits of coverage insufficient to compensate you fully for the injuries you sustained.

Example - Assume the driver at fault in an accident had insurance on his car, but with liability limits of $25,000, which was paid to you. Also assume that you were seriously injured and the full value of the injuries you sustained in this accident was $100,000. If you had UIM coverage in your policy, your insurance company would pay you additional benefits, up to $75,000 ($100,000 injury value minus $25,000 received from the other insurance company) or the limits of your UIM coverage, whichever is less.

Like UM benefits, the insurance company in most states is not permitted to raise your rates, or refuse to renew coverage, merely because it paid UIM benefits.

In Pennsylvania UIM coverage is optional. However, we recommend that you maintain this coverage on your policy. First, there are a large percentage of drivers who maintain insurance with minimum limits of coverage. In Pennsylvania, the minimum coverage for liability is $15,000. Therefore, if you are involved in an accident with one of these drivers, you may receive only $15,000 as compensation for your injuries unless you have UIM coverage. Second, UIM coverage is relatively inexpensive.

If you believe you have waived UIM coverage, you should contact your insurance company and request a quote on the amount it will cost you to maintain UIM coverage in the same amount as your liability coverage.

4) Stacking - Stacking is the ability to add together the coverage for UM benefits or UIM benefits if the insurance policy provides for coverage of more than one vehicle. For example, if you have two vehicles insured on your auto policy, and you maintain UM coverage of $25,000/$50,000, with stacking you would multiply your UM limits times two (the number of cars on the policy), so that your limits would be $50,000/$100,000.

Stacking does not apply to medical payments or liability limits. In Pennsylvania stacking is optional, but it is a relatively inexpensive way to increase your UM or UIM coverage if you have more than one vehicle.

5) Collision and Comprehensive Coverage - Collision and comprehensive coverage both provide protection for your car, in the event there is damage to your car that may be caused by you or by someone with no insurance. Collision coverage provides protection if your car is damaged in an accident. Comprehensive coverage provides protection if your car is damaged other than in an accident, for example in a fire or through vandalism.

Both of these coverages carry a deductible, usually between $100 and $1,000. This means you are responsible to pay the deductible, and the insurance company pays the balance of any amount needed to repair your car. Increasing your deductible can sometimes be an effective way of reducing your premiums, although it will mean that you will be responsible for a larger portion of the cost of repairs in the event of damage to your car.

6) Auto Rental Coverage - This coverage will pay a certain amount per day for you to rent a car while your car is being repaired. It is very inexpensive, usually about $10 to $20 per year.

What are uninsured motorist claims?

Uninsured Motorist (UM) claims are made by injured parties against their own insurance companies for injuries resulting from the negligent driving of the driver of a car without insurance. This coverage protects the insured (or relatives residing in the same household) in the event they are injured as a result of the negligence of another motorist who has no insurance. This type of coverage is for personal injuries only. It does not cover property damage to the vehicle or any other property.

Under the statute and the insurance policies in Pennsylvania, UM benefits provide protection for persons who suffer injury arising out of the maintenance or use of a motor vehicle and are legally entitled to recover damages from the owners or operators of uninsured motor vehicles. An "uninsured motor vehicle" includes:

a motor vehicle for which there is no liability insurance;
a motor vehicle for which the insurance company denies coverage or becomes insolvent;
an unidentified motor vehicle (hit and run) that causes an accident resulting in injury, provided the accident is reported to the police and the claimant notifies his insurer within 30 days.

Uninsured Motorist claims pay you, as the insured, if you were injured as a result of the negligence of another driver who had no insurance, or if the driver who caused the accident fled the scene of the accident. Under this coverage, your insurance company pays you in just the same way the other driver's insurance company would have paid you, if there were an insurance company.

In Pennsylvania, UM coverage is optional, but it is wise to carry this type of coverage because of the large number of vehicles without insurance which are being operated on our roads. Additionally, if you have more than one vehicle and elect "stacking" in your insurance coverage, this will give you the ability to add together the coverages for UM benefits. It is a relatively inexpensive way of increasing your coverage for UM claims. Stacking does not apply to medical payments or liability limits. In Pennsylvania stacking is optional.

Stacking is strongly recommended. It is a relatively inexpensive way to increase your policy limits.

What are underinsured motorist claims?

Underinsured Motorist (UIM) claims are made by injured parties against their own insurance companies for injuries resulting from the negligent driving of the driver of a car with insurance, but with inadequate coverage for the injuries. This coverage protects the insured, (or relatives residing in the same household), in the event they are injured as a result of the negligence of another motorist who lacks sufficient insurance. This type of coverage is for personal injuries only. It does not cover property damage to the vehicle or any other property.

In Pennsylvania UIM coverage is optional, but we strongly recommend that you maintain this coverage on your policy. First, there are a large percentage of drivers who maintain insurance with minimum limits of coverage. In Pennsylvania the minimum coverage for liability is $15,000. Therefore, if you are involved in an accident with one of these drivers, you may receive only $15,000 as compensation for your injuries, even if the value of your claim is much higher, unless you have obtained UIM coverage under your policy. Second, UIM coverage is relatively inexpensive. If you believe you have waived UIM coverage, we recommend that you contact your insurance company and request a quote on the amount it will cost you to maintain UIM coverage in the same amount as your liability coverage.

Underinsured motorist coverage protects not only the insured, but also family members who live in the same household, in the event they are injured as a result of the negligence of another motorist who has insurance, but does not have enough insurance to satisfy the damages caused by his or her negligence. In Pennsylvania this type of coverage is "excess" coverage, meaning that whatever UIM coverage is available is in addition to (on top of) the coverage that the third party tortfeasor had on his or her vehicle. This type of coverage is for personal injuries only, and does not cover any property damage to the vehicle.

In an Underinsured Motorist claim, you are able to recover damages for personal injuries you sustain which resulted from negligence of another driver who had insurance on his or her car, but who did not have coverage sufficient to compensate you for the full extent of your injuries.

Example - Assume the driver at fault maintained an insurance policy with maximum liability limits of $25,000, which was paid to you. Also assume that you were seriously injured and the monetary value of your injuries were $100,000. If you maintained underinsured motorist coverage, your insurance company would pay you additional benefits, up to $75,000 ($100,000 injury value minus $25,000 received from the other insurance company) or the limits of your UIM coverage, whichever is less.

Like UM benefits, the insurance companies in most states are not permitted to raise your rates or refuse to renew coverage merely because they paid UIM benefits.

What is the difference between limited tort and full tort?

In Pennsylvania, every person who maintains an auto insurance policy must select either "Full Tort" or "Limited Tort" coverage. If you select "full tort" you and your family have the right to present a claim for bodily injuries against a driver who causes an accident, even if your injuries are considered minor (although the injuries may not be minor to you).

However, if you select "limited tort" your insurance company will give you a small reduction in your insurance costs, usually about $150 to $300 per year per car insured. In exchange you and your family waive the right to present a claim for bodily injuries unless those injuries are considered to be "serious injuries," which are defined in the motor vehicle insurance law to be injuries which result in death, permanent serious disfigurement or serious impairment of bodily function.

In order to be considered serious an injury must have significantly affected your ability to perform your normal activities of daily living for a long period, and must have caused you to suffer a significant amount of pain and discomfort during that period. It is only the most serious types of injuries that qualify for coverage under "limited tort" as "serious injuries." Many fractures, "slipped disks," or other significant injuries, may not qualify as a "serious injury" under the auto insurance law.

For this reason, it is strongly recommended that you maintain "full tort" coverage on all of the vehicles in your household. If you select "limited tort" insurance, you or a member of your family may have an injury which causes a great physical or emotional hardship, and yet you would be unable to recover any money from the other driver's insurance company. If you are not sure of which coverage you have, we recommend that you contact your insurance company and request a quote on the cost to change to "full tort."

Medical Malpractice

What is medical malpractice?

Medical malpractice (also called medical negligence) occurs when a physician or other health care provider fails to properly treat a medical condition, and that failure causes an injury to the patient. Medical malpractice can result from any type of medical care and claims can arise out of a such mistakes as failing to properly diagnose a medical condition; incorrect treatment of a correctly diagnosed illness; surgical errors during an operative procedure; failing to properly obtain a patient's informed consent; and improper use of a medical device.

Why are malpractice suits complex?

Medical malpractice cases are usually complex and expensive to pursue. A full evaluation of such a claim frequently involves obtaining copies of all relevant medical records for current and past medical care; research in a medical library or in an on-line database for medical literature describing the current state-of-the-art in medical care for that condition; and consultation with medical researchers and doctors concerning the medicine involved. It is necessary to retain physicians as experts to review the records, evaluate the medical care and report on the quality of the care provided by the treating doctors. Finally, litigation against the medical care providers will usually involve multiple attorneys for the defendants, numerous depositions and lengthy discovery on all relevant issues.

When should I see an attorney?

If you believe you suffered an injury as a result of medical malpractice, you should consult with an attorney who is experienced in representing clients in this type of case. It is important that you act quickly to consult with an attorney, since such a claim must be brought within a short period of time after you learn, or could reasonably have learned, of the medical malpractice. Our firm has the resources and experience to help you evaluate whether or not you have a viable claim for damages for injuries resulting from medical treatment.

Worker's Compensation

Am I eligible for worker's compensation?

Most states have a worker's compensation law which provides certain benefits to workers who are injured while working for their employer. The worker's compensation system is fairly complicated and we recommend that you obtain legal advice to fully understand your rights and responsibilities following a workplace injury.

You should consult with an attorney who is experienced in worker's compensation matters if:

you believe you are entitled to worker's compensation benefits;
you have been receiving benefits but your employer is attempting to terminate the benefits you have been receiving;
you are receiving benefits but your employer now wants you to be examined by another doctor;
you have been receiving benefits and your employer is now trying to find another lighter duty job for you to do.

What are the worker's compensation laws in Pennsylvania?

In general, in Pennsylvania, if you are hurt while performing your work, or while you are at your place of employment even if you are not actually working, you are entitled to worker's compensation benefits. You are entitled to these benefits without having to prove that anyone was at fault. In fact, you could have been 100 percent at fault and still be entitled to receive benefits. The benefits are payment of lost wages and medical bills.

Is anyone liable for my injury?

If your injury resulted from a defective product or machine at work, you may have a right to an additional recovery from the manufacturer of the machine. If your injury resulted from the negligence of some individual or company, other than a co-worker or your employer, you may have a right to an additional recovery from the insurance company covering the individual or entity responsible for your injuries. You should consult with an attorney who can evaluate these rights for you.

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Frequently Asked Questions

Bodily Injury Claims

Auto Accidents

Auto Insurance

Medical Malpractice

Worker's Compensation

Other Questions

Bodily Injury Claims

Auto Accidents

Auto Insurance

Medical Malpractice

Worker's Compensation

Other Questions