Automobile Accidents

Have you been injured in a vehicle accident?

Ogg, Cordes, Murphy & Ignelzi takes great pride in representing injured parties only in these cases. We pursue each case, large or small, understanding that the most important issue to the victim is expert guidance and experienced representation resulting in the maximum allowable compensation for your loss.

We handle cases involving:

• Automobile and Truck Collisions
• Tractor/trailer and Commercial Truck accidents
• Motorcycle accidents
• Single vehicle crashes
• Negligent entrustment
• Pedestrian or bicycle/vehicle collisions
• Boating collisions
• Restaurant and Bar Responsibility cases
• Railroad crossings
• Collisions involving City, County or State vehicles
• Construction zone accidents

The questions and answers below outline some of your basic rights and responsibilities if you are the victim of a Personal Injury covered by the laws of the State of Pennsylvania. Remember that each accident and claim is different, and the information here should not be considered as a complete explanation of your rights.

Q. What if the auto accident was partially my fault?

A. If you are in an accident with another person, you may still be able to recover for your injuries, even if the accident was partially your fault. However, in order to recover, you must be able to prove that the other person's fault was greater than yours. In addition, the amount of compensation you receive will be reduced by your percentage of fault.

Q. What can I recover?

A. You are entitled to recover all the damages directly caused by your car accident. Although every case is different, the law allows the victim of a Personal Injury to be compensated for:

• Past and future medical expenses
• Past and future lost wages
• Loss of ability to work
• Physical pain and suffering
• Emotional and mental suffering
• Permanent physical damage
• Disfigurement, including scars and limping
• Property damage
• Other financial loss caused by the injury

Q. How do I know what my vehicle injury is worth?

A. The value of a Personal Injury case depends upon a number of factors, including:

• How difficult it is to proof the other party was at fault,
• the seriousness of your injuries,
• the type of medical treatment you receive for your injuries, and
• the amount of insurance coverage available to pay for your injuries.

The final total amount of your medical bills is an important factor in determining the value of your Personal Injury case. If your medical treatment is not yet completed, it is hard to estimate the value of your case. The insurance companies always want you to settle for a low estimate. What if you don't recover as well as expected and are left with lingering problems or disabilities caused by this injury?

Every Personal Injury case is different. The assistance of an attorney thoroughly familiar with Personal Injury law may be absolutely vital to properly determine the fair value of your Personal Injury claim.

Q. What if I have been hurt before?

A. Previous injuries do not affect your right to recover compensation. You are still entitled to recover damages for the re-injury or aggravation of the earlier injury.

Q. Where will the money come from to compensate me?

A. Usually, the party who caused your injury has insurance to pay for your damages. Also, your own insurance policy may contain coverage for your injuries. However, many times sources of compensation are overlooked. The assistance of an attorney experienced in handling Personal Injury claims can often increase your ability to recover. Do not expect the insurance company to tell you about all available coverage. Their goal is to minimize claims. Ours is to make sure that you are provided the maximum allowable compensation for your injury from all available, legally responsible parties.

Q. What if the person at fault in an automobile accident has no insurance?

A. Pennsylvania law requires drivers to maintain insurance coverage on their vehicles. Unfortunately, many drivers ignore this requirement. If your automobile policy provides for "uninsured motorist" coverage, even if the party at fault has no insurance on his vehicle, or does not have enough insurance to pay your damages, your insurance company may provide compensation.

This is one of the most technical and complicated areas of Personal Injury law. The advice of an attorney experienced in handling Personal Injury claims may be extremely important in this situation.

Q. Do I have to file a lawsuit?

A. Absolutely not! In fact, most Personal Injury cases are agreeably settled without filing a lawsuit. Your attorney is an experienced and skilled negotiator on your behalf. He knows your rights under the law, presses the insurance company to accept their full responsibility for your injuries and will accept nothing less.

Moreover, the filing of a lawsuit often delays your recovery and increases your expenses. We feel that a lawsuit should usually be filed only as a last resort. However, sometimes a lawsuit must be filed in order to obtain a full and fair recovery and we aggressively pursue the responsible parties if they will not agree on just compensation for our clients.

Q. How long do I have to file my claim?

A. Usually you must either settle your case or file a lawsuit within two years of the date of your accident. If suit is not filed within this time period, you may be prevented from pursuing your claim. However, there are a number of exceptions to this rule. Sometimes the normal filing period can be extended. You should seek the advice of a qualified attorney to be sure your rights are fully protected.

Q. Why do I need an attorney?

A. You are not required by law to have an attorney represent you. However, without a lawyer you must deal with an experienced insurance adjuster or insurance company lawyer on your own. Both of these parties make a living protecting the insurance company's interests. The best way to be sure that you receive each and every benefit provided by law is to have the help of an experienced attorney who understands Personal Injury law and whose only goal is to protect YOUR RIGHTS.

Q. How much does an attorney charge?

A. In Personal Injury cases, we do not charge an attorney fee for personally consulting with you about your case. In fact, many people who have been injured through no fault of their own do not have the money to hire a lawyer to protect their rights. Protecting your rights is important to us. That's the reason our fee is paid at the end of the case out of a portion of the recovery. If we are unable to recover compensation for you, you do not owe us a fee. This is called a "contingency fee" arrangement and is common among Personal Injury attorneys. The law does require the client to remain responsible for necessary expenses.

Q. How long will it take to conclude my claim?

A. The length of time necessary to conclude an Automobile Injury case depends upon a number of factors. You will not be in a position to consider settling your claim until you know how much the final medical expenses will total. Therefore, the amount of time required to heal is often one of the biggest factors in determining the length of time necessary to conclude a claim. In most cases, once you have been released from medical treatment, settlement negotiations can begin almost immediately. Most claims can be settled promptly at that point.

Q. Will my injury affect my job?

A. Federal law (the Americans with Disabilities Act) prohibits an employer from discriminating against an employee as the result of a disability. If your injury causes a disability, your employer must attempt to allow you to return to work even if certain reasonable accommodations must be made because of your injury. An employer cannot simply refuse to allow you to return to your job because of your disability, unless you cannot perform your job functions without a reasonable accommodation.

If your employer refuses to offer accommodations, or terminates your employment, you may be entitled to damages. Pursuing claims under the Americans with Disabilities Act can be very complicated and requires that the employee first meet certain administrative requirements before actually going to court.

In Pennsylvania a charge of discrimination must be filed with the EEOC within 300 days of the discriminatory act and with the PHRC within 180 days. Failure to do so results in the claim being time barred. Therefore, it is important to discuss your prospective case with an attorney experienced in this area of law as soon as possible.

Q. Where can I obtain additional information about personal injury claims?

A. If you or your family members have been injured in a vehicle accident, call Gary Ogg or Bryan Neiderhiser. Let us use our knowledge, experience and resources to compel responsibility for your injuries. We will vigorously pursue the maximum allowable compensation for your loss under the law. There is no charge for discussing your situation with us.

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