FAQ

Personal Injury

What is a personal injury claim?

If you suffer harm or injury due to the negligence (fault) of another individual or
company, our legal system provides that you are entitled to monetary compensation. The amount of compensation to which you are entitled is dependent on a significant number of factors and types of proof, including the type of injury you suffer and the circumstances which gave rise to the injury. Personal injury claims can arise out of many different types of situations including motor vehicle and bus accidents, trip-and- falls, construction collapses and problems, environmental conditions, physician malpractice and defective products. Each type of personal injury claim is governed by a unique set of laws and legal requirements.

How do I get what I am owed for my personal injury claim?

It is important to work with an attorney or law firm which is experienced in handling personal injury claims. From the time you are injured, your attorney can guide you in terms of what you need to do to protect and enforce your rights. Your attorney can help assemble all of the evidence that will be needed to prove your case and maximize the outcome. Depending on the type of case, an attorney can retain qualified experts to help establish the fault of the other party or to demonstrate and prove your damages. At the appropriate time, your attorney will work to settle your case and/or file a lawsuit on your behalf to obtain the best possible result on your behalf. At Solnick & Levin, we view our clients as our partners in the claims and litigation process. We provide personal attention to each case and client and work closely with our clients on every legal matter.

How does the type of automobile insurance I have effect my case?

It is important to purchase the type of coverage that adequately protects yourself and your family. When buying insurance or reviewing your policy, you should consider that many people in are either driving a vehicle without insurance (uninsured) or without enough insurance (underinsured). Accordingly, it is important to purchase insurance coverage which will protect you and your family in the event of an accident involving an uninsured or underinsured party. In addition, under Pennsylvania law, every person who purchases automobile insurance must decide if they want “full tort” or “limited tort” coverage. If you select limited tort coverage, with certain exceptions, you are essentially giving up your right to pursue a claim for pain and suffering even if you are injured as a result of the negligence (fault) of another driver. Whether you have full tort or limited tort coverage, an attorney can help you understand your rights and obtain all benefits and compensation to which you are entitled.

What if I have questions about the type of automobile insurance I should select?

The attorneys at Solnick & Levin will make themselves available, free of charge, to anyone who has questions about their insurance coverage or who needs assistance in deciding what type of coverage to select.

How can an attorney help me with getting compensated for damage to my car?

Although you will only be charged a fee based on a settlement or award for your injuries, Solnick & Levin will help assure that you get compensation to have your car fixed if it is repairable or compensation for the loss of your vehicle if it is totaled. Likewise, we will help you get an adequate rental vehicle while your car is in the shop and compensation for towing charges if necessary. Your right to these types of compensation might depend on the type and amount of insurance coverage which you or the responsible party maintain, but we will never charge you any fee to assist with your property damage claim.

Who pays for my medical treatment when I am involved in a motor vehicle accident?

Under Pennsylvania law, your own insurance company (or the insurance company covering the vehicle you are occupying if you don’t have automobile insurance in your household) is responsible to pay for your medical bills associated with a car accident regardless of whose fault the accident was. If your medical bills exceed the amount of coverage you have on your insurance policy, any excess bills will be paid either by your health insurance carrier or by the responsible party’s insurance. Either way, we can help you fight the insurance companies if they attempt to cut off your medical benefits before your treatment is complete or if there are problems obtaining coverage for your treatment.

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Workers Compensation

What is workers’ compensation?

If you suffer an injury at work or a work-related illness, the Pennsylvania Workers’ Compensation Act provides that you are entitled to have your medical expenses and any wage loss paid if you are disabled from working. Benefits are typically paid by an insurance company.

When should I hire an attorney if I am injured at work?

You should consult with an attorney immediately after you suffer a work-related injury or illness. Even if you are receiving workers’ compensation benefits, we can help you navigate through the complicated workers’ compensation laws and ensure that you are receiving all the benefits to which you are entitled. Likewise, even if the workers’ compensation insurance company begins paying benefits, they may seek to cut off or limit your benefits at some point – having an attorney in your corner from the beginning will help you to avoid a future loss of benefits or medical treatment. Since an attorney is only paid based on benefits which he or she helps you obtain or for which court appearances are necessary, if you hire us at a time when the workers’ compensation insurance company is paying your benefits without dispute, we will not collect an attorney’s fee while we monitor a claim during this stage and will not seek to collect a fee from our workers’ compensation clients until our legal services are absolutely needed, such as when litigation or court appearances are required, or when a settlement can be negotiated.

Should you use an attorney experienced in Pennsylvania Workers’ Compensation matters?

Yes. Pennsylvania Workers’ Compensation law is complicated and the insurance companies all have experienced workers’ compensation lawyers helping them to reduce or eliminate an injured person’s workers’ compensation benefits. Every injured worker deserves to have someone in their corner to fight for them and so that that they can understand their rights and be on equal footing with the insurance companies.

How does an injured worker’s attorney get paid?

Before a workers’ compensation attorney can collect a fee, the fee agreement entered into by the attorney and the client must be approved by a Workers’ Compensation Judge. Additionally, the Pennsylvania Workers’ Compensation Act limits an attorney’s fee to 20% of the wage loss or lump sum settlement. Accordingly, at Solnick & Levin, LLC, we commit to our workers’ compensation clients that we will not request approval of a fee until we are litigating an aspect of the claim and/or settle the claim. Once the fee is approved, we are paid 20% of any benefits we recover on your behalf.

What kind of medical treatment is an injured worker entitled to?

This is a very misunderstood section of the law by insurance companies,
employers and sometimes doctors and treatment facilities. If your employer has posted a list of six (6) or more physicians or health care providers in your workplace, and you signed an acknowledgment of such a list at the commencement of your employment and again when you were injured, then you must treat with one of those medical providers for 90 days following the injury. If any of these requirements are not met, you are free to treat with whomever you choose. Likewise, even during the initial 90 day period, you may treat with a health care provider of your choice as long as you are also consulting with your employer’s “panel” provider.