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FAQs

A personal injury case involves an action for injuries caused by the negligence of another, such as in auto accidents, negligently maintained property, or medical malpractice.

Personal injury damages are compensation awarded to individuals who suffer harm due to an accident or someone else’s negligence. These damages can be divided into two categories: economic and non-economic damages.

Non-economic damages refer to the intangible impact of an injury on a person’s life. This includes pain, suffering, loss of function, and the loss of enjoyment of life. For example, if a person who loves hiking sustains an injury that prevents them from participating in that activity, they are entitled to compensation for the loss of that joy. Additionally, injuries that affect general mobility, such as damage to the arm, leg, or back, can also result in non-economic damages for the impairment they cause.

Economic damages refer to the tangible impact of an injury on a person’s life. This includes categories such as medical expenses and lost wages.

The short answer is that a personal injury case is worth what a jury would likely award. When projecting this amount, several considerations come into play, including the strength of the negligence claim, the severity of the injuries and their consequences, and, to some extent, the location of the case. Additionally, available insurance is often a factor, especially in cases against non-corporate defendants.

Yes, there is a significant difference between negligence and recklessness, especially in personal injury cases. Both terms refer to actions that can cause harm, but the degree of responsibility and intent behind these actions differs.

Negligence occurs when a person fails to act as a reasonably prudent person would under similar circumstances. It’s about carelessness or not being as cautious as one should be. For example, if a driver speeds slightly over the limit or doesn’t notice a stop sign, they may be considered negligent. While they may have made a mistake or been careless, their actions don’t necessarily show a blatant disregard for safety. In the context of personal injury, the injured party may seek compensation for damages caused by this carelessness.
Recklessness involves a person knowingly engaging in behavior that poses a significant risk to others, showing a complete disregard for the potential harm their actions could cause. For instance, driving at extreme speeds, such as 30 to 50 miles over the speed limit or drag racing on public roads, could be classified as reckless. Unlike negligence, recklessness often shows intentional or extreme disregard for the safety of others. In terms of personal injury, if someone causes harm while acting recklessly, the consequences can be much more severe, both legally and financially.
Yes, you can sue both a company and an individual for injuries. In many cases, both parties may be liable, depending on the circumstances surrounding the injury.
If you are partially at fault for the injury, it may affect your ability to recover damages, but you can still sue. In places like Pennsylvania, if the injured party is less than 50% responsible for the accident, they can still seek compensation. In such cases, a jury will determine the percentage of negligence for each party involved and adjust the damage award accordingly.

When it comes to personal injury cases, preexisting conditions can play a significant role in the outcome, but they don’t prevent an injured person from recovering damages. The law operates on the principle that the responsible party (the defendant) is liable for the injuries they cause, even if the victim had a preexisting condition. This is often referred to as the “eggshell plaintiff” rule, which means that the defendant is responsible for the full extent of the injury, even if the victim’s condition made them more vulnerable.

Yes, you can sue both a company and an individual for injuries. In many cases, both parties may be liable, depending on the circumstances surrounding the injury.

In our experience, fewer than 10% of personal injury cases go to trial. In fact, it’s often less than 5%. The reality is that most claims are resolved through settlement negotiations, often long before a trial date is even scheduled.

There are many reasons for this:

  • Trials are expensive and time-consuming for both sides.
  • Insurance companies often prefer to settle to avoid the unpredictability of a jury.
  • Plaintiffs may choose to settle to receive compensation sooner rather than waiting years for a verdict.

Discovery is the formal process where both sides — the plaintiff (you) and the defendant (the party you’re suing) — exchange information about the case. The goal is to ensure that each side has access to all the facts, evidence, and testimony before going to trial.

There are two main components:

  1. Depositions – Witnesses are questioned under oath.
  2. Document Exchange – Both sides share evidence, records, and reports.

A deposition is a legal interview where a person answers questions under oath, usually in a lawyer’s office. These sessions are recorded and may be used in court. In a typical personal injury case, you can expect:

  • The plaintiff’s deposition (your testimony)
  • The defendant’s deposition
  • Depositions from witnesses, medical professionals, and other relevant parties

n Some relevant documents and evidence shared during discovery include:

  • Medical records
  • Accident reports
  • Photographs or video footage
  • Insurance documentation
  • Employment records (when relevant)
  • Maintenance logs, safety reports, or internal emails (in corporate cases)

Yes, absolutely. Social media has become a key part of the discovery process in personal injury litigation. Defense attorneys and insurance companies routinely check the online profiles of claimants — and anything public is fair game.

Private social media accounts offer more protection, but they’re not bulletproof. Courts can order you to produce certain posts if the other side can show:

  • The content is likely relevant to your injuries or emotional state.
  • There is evidence suggesting posts contradict your legal claims.
  • Your social media activity relates to events in the case (e.g., photos from the day of the accident or afterward).

You should also be aware that deleted content can sometimes be recovered. Attempting to “clean up” your social media after filing a lawsuit could raise spoliation issues — essentially accusations that you destroyed evidence.

Mediation is a structured yet informal process where disputing parties come together with a neutral third party (the mediator) to try and reach a mutually acceptable resolution. The mediator is typically a retired judge or experienced attorney with a strong background in litigation.

Arbitration is a method of resolving disputes outside of court. Unlike mediation, which is non-binding and focused on negotiation, arbitration involves a neutral third party—or a panel—who hears both sides and makes a binding decision. There are a few different types of arbitration, and each has its own rules and implications.

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