If I hire your firm, who will pay the expenses of my legal case?
Our firm's policy is to advance expenses if we accept your case. We get our costs back when your case settles.

If your firm, doesn't handle my particular type of case, can your office refer me to a competent attorney that does?
Yes. Although we handle most types of personal injury cases, there are several specialty areas that we don't handle ourselves. Please contact us to discuss your particular case.  If we can't help you, we will try to find a lawyer for you who does handle your type of case.

What is the statute of limitations in Pennsylvania for a personal injury case?
For adults it is two years from the date of the injury.  You have to either settle the case or file a lawsuit to protect the statute of limitations. People under 18 years old (minors) get until their 20th birthday.  There are many exceptions to these rules.  To be sure of the statute of limitations in your case, consult Todd B. Jacobs. We give free consultations. There is no obligation to you.

What happens if I have a severe injury and the person who caused my accident does not have enough insurance coverage to pay all of my damages?
After you have exhausted the insurance coverage you next look to the responsible person's assets. However, most people who don't have enough insurance usually don't have enough assets either. If the responsible person was in the course and scope of their employment when the accident happened, their employer would also be responsible. Most employers have high limit insurance policies. We also look for excess or umbrella insurance policies. There may also be other defendants and other theories of recovery. 

If I have to pay a lawyer part of my settlement, does that mean I will get less for myself?
No. The job of your personal injury lawyer is to maximize the value of your particular case. It is no secret that an insurance company will seldom pay anywhere near full value to injured persons who are not represented by a lawyer. More often than not, after delays and broken promises, an insurance adjuster will offer only a token amount to injured persons who are not represented by a lawyer. Good lawyers like Todd B. Jacobs, Esquire, have their reputation, hard work and access to investigators and expert witnesses and are able to prove the facts of your case. We have access to doctors and hospitals for our clients that you cannot obtain on your own. We know how to prove an injury. For instance, how would you prove you have a headache or a backache? We know the law that governs your situation. A good lawyer can determine the jury verdict value of your injury. The combination of all of these things and our ability to take the responsible party to court if they don't voluntarily pay you a fair settlement make it obvious that the only way to get treated fairly by an insurance company is to be represented by a good attorney.  Insurance companies respect strength.

What determines how much my case is worth?
There's no magic formula, but generally, the more serious the injury, the more the case is worth. Of course, the person or company that caused your accident has to have enough insurance and/or assets to pay that value.  Our system is based on the principal that the person at fault has to pay for the damage they cause.  The clearer the liability the better your case is.  The value of a case is based on the combination of severity of the injury and the liability of the defendant along with that person's ability to pay you have the value of the case.

If I don't have health insurance how can I get medical treatment for my injuries?
Some health care providers including board certified medical specialists, hospitals, MRI centers, pharmacists, etc. are willing to provide health care services to our clients on a lien. They will wait until the conclusion of the case to get paid.  Therefore, the choice of medical providers becomes what is most convenient for you and where you will get the best case.

How long does an injury case take from the time of the accident until it is concluded?
In general, the more serious the injury and the more complicated the facts, the longer the case takes. Simple rear end traffic accidents with minimal injuries usually take less than a year to resolve. Multi-party cases with serious injuries usually take between one and two years to complete.

In a traffic accident where liability is clear, will the insurance company pay for my car repair before I finish my medical treatment?
Yes, that is almost always the case. You would also be entitled to a rental car until your car is repaired.

If I fall and hurt myself on someone else's property, do they have to pay me for my injuries?
It depends on why you fell. To collect money damages, you will have to prove that the property owner was negligent. Common situations involve retailers allowing spills to remain on the sales floor after they learn about them. Other common slip/trip and fall situations usually involve uneven sidewalks, stairs, missing or detached hand rails, leaking refrigerated cases in supermarkets, and countless other unique situations. Each slip and fall has to be evaluated based on its individual facts.  Call us to discuss the facts in your case.  As in most cases, it always helps to get witnesses and to take photographs if possible.

Should I give a statement to the other person's insurance company?
Usually not. They have already heard their own insured's version of the accident. If their insurer told them he or she was not at fault, you have no chance of convincing the claims adjuster that you were in the right and their insured was in the wrong. Usually the person at an insurance company who takes statements has been taught  how to ask questions in a way that may omit facts important to your case and make your answers somewhat distorted. In addition, if you have to go to court, that statement you gave the insurance adjuster can be used to impeach you. For instance, if you give a statement on the day after the accident and say that only your neck hurts, and a few days later you realize your shoulder also hurts, that contradiction would be used against you when you try to prove your shoulder injury in court.

Why I should I choose Todd B. Jacobs, Esquire, to represent me?
Our firm limits our practice exclusively to personal injury matters. We care about our clients and pride ourselves in keeping our clients informed about their cases and being available to them to answer questions. We understand that choosing an attorney to represent you for your injury can be difficult and confusing. We are willing to spend the time necessary with you in a free consultation to discuss the merits of your case so that you can make an intelligent choice.

If I hire an attorney instead of handling the case myself, will that delay my settlement?
No. That is, not unless you are willing to settle your case for far less than it is worth. Insurance companies will demand the same proof of facts regarding your injuries from you as they would from an attorney. Unless you are trained in this field, the insurance company will have a big advantage over you and usually will only offer you a token of what your case is worth.

I am handling my case myself. The insurance company wants me to be examined by their doctor. Should I agree to this?
No! What they are really saying is "we don't trust your doctor to tell us the truth". If they have that attitude, it doesn't take much imagination to know what will happen next.

Can I make a claim for injuries if the accident was partly my fault?
Yes, in Pennsylvania you can so long as you are less than 50% at fault. 

In a traffic accident case, how can I get paid if the responsible party didn't have insurance?
You can collect for your own bodily injuries through your own insurance policy if you have what is called "uninsured motorist" coverage. You can get your vehicle fixed under your collision coverage. You can get your medical bills paid by your Personal Injury Protection (PIP) coverage or your health insurance.  Making a claim under the uninsured motorist coverage is tricky and you should have a lawyer represent you.

I already had a bad back for years before the accident. Now, because of this accident, my doctor says I need back surgery. Does the responsible party have to pay for this?
Yes. The law is the other party has to take you as they find you. If you are more susceptible to any injury because of your previous back (or other medical) condition the insurance company is not allowed to decrease your settlement because of that pre-existing condition.

If I hire a lawyer do I have to file reports myself with my own insurance company?
If you hire our firm, we will report the accident to your own insurance company (if appropriate) and handle all the paperwork.

We carefully select our cases so that we can give each case our personal attention and direction. You will get one-on-one attention in a relaxed setting. We will not recommend that you settle out of court if it is in your best interests to go to trial.  For additional information regarding the general nature of personal injury claims, call Todd B. Jacobs, Esquire and schedule your free consultation today!

215-569-5891

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 
 

Todd B. Jacobs, Esquire
McCann, Schaible & Wall, LLC
1500 John F. Kennedy Boulevard Suite 1110
Philadelphia, PA 19102
(215)569-5891 (Office)
tjacobs@mswattorneys.com