The McShane Firm, LLC - Law Offices : Personal Injury

Personal Injury

Below is a conversation with Attorney Shawn M. Curry, Esquire in which he answers questions commonly asked by his clients. . .

Q: A personal injury lawyer contacted me in the hospital and guaranteed a huge settlement. Why should I hire you?

A: You don’t have to hire me, but you ABSOLUTELY shouldn’t hire that lawyer. Personal Injury attorneys that haunt hospitals and guarantee settlements are behaving unethically, and are probably gunning for way more than their fair share of your settlement. No principled attorney would offer a guarantee to a client.

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Q: How much is all this going to cost ME?

A: If you felt the need to contact a personal injury attorney, we can just go ahead and assume that you have suffered enough. Our initial consultation is free, and if we determine that you have a case, you won’t pay us a cent unless we get you results. Our fee is based on a percentage of your settlement or judgment.

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Q: The insurance company says that I don’t need a lawyer to settle this. What do you think?

A: The first thing that you should understand about insurance companies is that they want to get out of this situation with as little damage to their bottom line as possible. That’s true with your insurance company, and it’s especially true of the insurance company of the person that caused your injury. To clarify that point, 2005 was a year of record profits for insurers of all types, despite the billions of dollars worth of damages caused by Hurricane Katrina. Insurers didn’t earn those record profits by writing a lot of checks. So they will do everything they can to avoid deep financial responsibility, including offering you low-ball settlements that won’t reflect your needs, outright denial of responsibility, and stalling you into accepting bad deals. If your injury requires long term medical care, you have no business talking to an insurance company without a lawyer.

Through years of experience and dealing with insurance companies, The McShane Firm, LLC knows a fair and adequate settlement when we see it. If you have received one, we’ll tell you. And if you haven’t, we’ll do our best to see that the insurers live up to their responsibility.

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Q: The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?

A: The answer is NO. You can be sure that the settlement that they are offering you is worth substantially less than what you should be getting. Contact The McShane Firm, LLC before accepting anything from the insurance company, and make sure that you don’t sign anything.

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Q: How long is all this going to take?

A: It’s hard to say. Some insurers have a “take no prisoners” attitude and will go all the way to trial even if the evidence against them is overwhelming, and some will be able to see the writing on the wall and offer reasonable settlements. A trial can take years to reach a conclusion, and even a settlement can take months.

You should know beforehand that this will take time, and that you will need patience. But you should also know that you will never be left in the dark, and that The McShane Firm, LLC will keep you fully involved in every step of the process.

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Q: Will my case settle before trial?

A: Settlement negotiations can be held at any phase of the litigation. Most of our settlement discussions are with insurance companies. We make every effort to negotiate whenever there is a reasonable chance of reaching a fair settlement for our client. Insurance companies generally have little incentive to settle early and, therefore, the resolution of the case often occurs in the later stages of the lawsuit. We will always keep you advised of any settlement offers.

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Q: What is the difference between Full Tort and Limited Tort?

A: A “full tort” policy enables the injured individual to collect full compensation for their injuries, caused by the fault of another person, without limitation related to their injuries. A “full tort” individual may require compensation for their out-of-pocket economic losses and pain and suffering.

A “limited tort” policy severely restricts a victim’s right to compensation for their pain and suffering. A “limited tort” individual may only receive compensation for pain and suffering if their injuries are “serious.” The courts have interpreted “serious injuries” to be those that “substantially impair life activities.” As a result, some courts in Pennsylvania have held that a broken leg suffered in an automobile accident was not “serious.”

It is highly recommended that all individuals elect “full tort” in order to preserve their rights if they are the victim of an automobile accident.

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Q: What is Workers’ Compensation?

A: Workers’ Compensation is insurance your employer must carry in the event an employee is injured on the job, or becomes ill or dies due to circumstances surrounding their job. Benefits include medical expenses, lost wages, specific loss benefits for amputation or loss of the use of an extremity, disfigurement benefits, and death benefits.

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Q: Who provides the benefits under the Workers’ Compensation Act?

A: By law the employer is responsible for providing Workers’ Compensation Insurance. In some instances the employer provides benefits directly by being self-insured. Otherwise, the employer provides the benefit indirectly through a Workers’ Compensation insurance company. A worker cannot be charged for benefits provided or any portion of their employer’s Workers’ Compensation insurance premium.

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Q: What are the most important things an injured individual should know about workers’ compensation rights?

A: Always report a work injury even if you might not lose time from work or need immediate medical care. It is critical that you require your employer to complete an accident report. Remember to keep an independent record of the date, time, and nature of your work injury. In addition, make a list of witnesses as well as the person to whom the injury is reported. Be sure to provide a complete and accurate account of the type of injury you sustained and how your injury occurred as well as your past medical history. Contact The McShane Firm, LLC. If your employer fails to accept your claim within 21 days of the date you notify them, we will seek legal assistance from the Courts to force them and file a petition for compensation. Should your employer accept your injury, we will be certain that the wages upon which your compensation is based are accurate. In most cases your compensation should be 66 2/3% of your gross wages from all sources of employment. If, after receiving compensation, your employer or the insurance company asks you to see another physician, call The McShane Firm, LLC immediately as this is your employer’s first step in their attempt to either terminate your compensation or modify your benefits. It is possible that your employer may offer you modified work based on medical proof that you are able to perform that work. This can cause you to lose your benefits by failing to accept the newly defined work. You might be contacted by a vocational rehabilitation firm attempting to find you a new job. Your compensation can be effected if you fail to cooperate with the vocational firm. Should you receive a petition in the mail to terminate, suspend or modify your compensation, call The McShane Firm, LLC right away. NEVER sign a supplement agreement or final receipt without having it reviewed by The McShane Firm, LLC.

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Q: What injuries are covered by the Act?

A: Any worker who has sustained an injury arising out of and in the course of their employment has a potential Workers’ Compensation claim. As long as your injury is job-related, it’s covered. You are covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function. Any injury or illness that occurs due to employment is considered a workers’ compensation injury. Under workers’ compensation law, you may receive benefits if you are injured no matter who was at fault. Some types of workers’ compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.

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Q: Can I lose my job because of a workers’ compensation injury?

A: Laws prohibit your employer from discharging or discriminating against you because of your workers’ compensation injury. If it is proven that an employer fires or forces you to resign in retaliation for filing a Workers’ Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in court.

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