FREQUENTLY ASKED QUESTIONS

When is a Plaintiff entitled to recover money?

A Plaintiff who was injured as a result of some negligent conduct on the part of a Defendant is entitled to recover compensation for such injury from that Defendant. A Plaintiff is entitled to a verdict if the jury finds:

1. That a Defendant was negligent, and
2. That such negligence was a legal or factual cause of injury to the Plaintiff.

 

What is negligence?

Pennsylvania law defines “negligence” as:

“failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.”

Put another way, Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under circumstances similar to those shown by the evidence. The person whose conduct we set up as a standard is not the extraordinarily cautious individual, nor the exceptionally skillful one, but a person of reasonable and ordinary prudence.

One test that is helpful in determining whether or not a person was negligent is to ask and answer the question whether or not, if a person of ordinary prudence had been in the same situation and possessed the same knowledge, he or she would have foreseen or anticipated that someone might have been injured by or as a result of his or her action or inaction. If the answer to that question is “yes”, and if the action or inaction reasonably could have been avoided, then not to avoid it would be negligence.

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How cautious must someone be?

The amount of caution required of a person in the exercise of ordinary care depends upon the conditions that are apparent or that should be apparent to a reasonably prudent person under circumstances similar to those shown by the evidence.

 

Is a child held to the same standard as an adult?

A minor is not held to the same standard of conduct as an adult. He/she is only required to exercise the degree of care which ordinarily is exercised by minors of like maturity, intelligence and capacity under similar circumstances. It is for the jury to determine whether the conduct of the Plaintiff was such as might reasonably have been expected of a minor of her maturity, intelligence and capacity, acting under similar circumstances.

 

If an injured person is at fault, can he/she still collect?

Comparative negligence is negligence on the part of the Plaintiff which, combining with the negligence of a Defendant, contributes as a cause in bringing about the injury. Comparative negligence, if any, on the part of the Plaintiff does not bar a recovery against the Defendant but the total amount of damages to which the Plaintiff would otherwise be entitled shall be reduced in proportion to the amount of negligence attributable to the Plaintiff.

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What if there is more than one cause of an injury?

There may be more than one cause of an injury. When the negligent conduct of two or more persons or negligent acts and a defective product contributes concurrently as causes of an injury, the conduct of each is a cause of the injury regardless of the extent to which each contributes to the injury. A cause is concurrent if it was operative at the moment of injury and acted with another cause to produce the injury. It is not a defense that the wrongful act of a person not joined as a party was also a cause of the injury.

 

I file a personal injury claim, do I have to go to court?

If the Defendant’s insurance company agrees to pay what both the lawyer and the client   believe your case is worth, and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. Some cases do require a formal trial proceeding, however, in either situation, hiring a law firm with experience in handling personal injury cases is critical. Ultimately, the decision to settle or not is yours but I will, of course, advise you as to my professional opinion.

 

How long will my case take?

Some cases can be completed in a few months and others might take years. If the case can be resolved without filing a lawsuit, it typically takes much less time. If litigation is necessary, each court differs in the amount of time it takes to bring a case to trial. Unfortunately, litigation tends to be agonizingly slow, but I try to make every effort to push the case to a conclusion as quickly as possible. Remember, we don’t get paid until you do, so we aggressively pursue your case with every tactic known in order to obtain fair compensation in a timely manner.

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Should I try to work with the insurance company first and see if they treat me fairly before I hire an attorney?

NO!  The answer to this question is based on years of dealing with insurance companies. My  experience is that not only will they NOT treat you fairly; they will be busy gathering evidence to help them pay you as little as possible for your claim. Furthermore, they will insist that you sign medical authorizations, give statements and provide documentation that could seriously damage your claim later when you have no choice but to hire an attorney. The burden of having to deal with them on your own is just not worth it, regardless of what they say or the promises they make. I can not count the number of times that I have told my clients that I could have gotten them more if I had been involved in their case from day one!

It’s a simple fact -- insurance companies train adjusters to find ways of settling claims for the least amount possible. When a policyholder injures another person, an adjuster must honor the terms of coverage minimizing the amount of money the company pays out. In many cases, sometimes within 2 hours of your accident, an adjuster will call or personally meet with you to try to settle the matter before you have an opportunity to hire an experienced trial attorney. In many of the cases we have seen, claims adjusters have told our clients that the amount they are offering is the best they can hope for, the best way for them to avoid costly, sometimes time consuming litigation. This is usually a lie! Don’t fall for their “advice” and deceptive tactics.

All of that said, if you have tried unsuccessfully to handle the claim on your own, we will be happy to step in at any stage and try to resolve the claim for you as long as you understand that what you have done prior to out representation may ultimately affect the outcome.

I am familiar with how insurance companies operate. She has dealt with them for over 20 years. She will immediately put them on notice that we represent you and this will send a clear signal to them that they can not take advantage of you. It will also immediately stop all of their attempts to gain information from you, requests for statements and requests that you sign documents that could hurt your case later. If contacted by anyone concerning your accident, all you will need to say is “Please contact my attorney, Jeffrey H. Penneys. I will handle all communication from there!

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Can I still win my case if my memory of the incident now conflicts with things said at the time of the accident?

Yes.  It’s very common for people to say things at the time of an incident that they later realize were inaccurate. Sometimes, a witness may misstate what your said about how the incident took place. You might have a hard time explaining how it is that you now remember things differently than you did at the time of the incident, but if you consult with an attorney, he or she will have experience handling such a situation, and can help find support for your side of the story.

 

How much is my case worth?

If any attorney tries to answer this question without first being able to analyze all of the evidence, including the extent of your medical, lost wages, permanent impairment, negligence of all defendants, and other factors, RUN, DON’T WALK! The truth is, no attorney can answer this question until he or she has all of the facts and each case is different and must be evaluated separately. Kimberly spends a great deal of time and effort in evaluating your case, however, you should know that there is never any guarantee of a recovery or outcome.

 

How much does it cost for Mr. Penneys to meet with me, evaluate my case and to represent me?

I will not charge you anything for an initial consultation on a personal injury case, and if she takes your case, she will usually take it on a contingency fee basis. That means that you don’t have to pay anything up front and Stovall & Associates only gets paid once your case is won or settled.

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How are the case expenses paid?

Every case requires funding for development of the evidence and to prepare the case for trial. In all cases, I will advance the funds necessary to cover the expenses. We ask our client to reimburse us for the case expenses if and when there is a recovery in the case. If we are unable to make a recovery, you owe us nothing for our services or expenses.

 

How do you decide if you will take my personal injury case?

I determine to take a case based on what I believe to be the likelihood of success. Unfortunately, and especially with the new “tort reform” measures, I cannot afford to represent everyone who asks for and needs my help. If I believe that I can be of service to you, I will take the case. If I am unable to help you, I often know of other lawyers who can help and I will refer you to them.

 

How do I know if I need a Personal Injury Attorney?

If you have been seriously injured or are unsure of the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind (including property damage checks and releases) and as soon as possible after your injury.

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