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FAQs

  • Workplace Injury

    • How long will I be paid for lost wages?

      In Pennsylvania, you are entitled to benefits of lost wages for as long as you are totally disabled due to a work injury. If you are partially disabled, you can receive partial disability for up to 500 weeks.

    • Can I see my own doctor?

      In Pennsylvania, your employer (by law) must provide a list of approved medical providers for you to choose from. You must obtain medical treatment from someone on that list for the first 90 days.

    • Are all workers covered under Pennsylvania workers' compensation?

      Most Pennsylvania part-time and full-time workers are covered by the Workers’ Compensation Act.

    • Is the insurance company allowed to follow me, take photos and talk to my neighbors?

      Yes, many insurance companies use investigators that take photos, speak with neighbors and document your happenings.

    • Can I receive payments for repetitive motion injuries such as carpal tunnel?

      Yes, as long as you can prove that your injury is work-related you could request workers’ compensation payments.

    • I was at fault for my own injury. Can I still receive worker's comp payments?

      Yes, Pennsylvania and New Jersey allow you to request payment regardless of fault as long as the injuries were not intentional and self-inflicted.

    • What type of benefits can I recover?

      If your worker's compensation claim is approved, you may be able to receive medical benefits, total disability benefits, partial disability benefits, specific loss benefits, scarring and death benefits.

  • Types of Injury

    • What is a life care planner and why do I need one?

      A life care planner is an expert who develops plans of care for people who are injured. This includes helping to determine the cost of future medical care and any other living and assisted living expenses.

    • What are the most common causes of TBI?

      Falls, getting struck by an object and motor vehicle accidents are the most common causes of traumatic brain injuries.

    • What is a penetrating head injury?

      A penetrating head injury occurs when an object pierces the skull and enters the brain tissue, damaging the brain.

    • What is a blast injury?

      A blast injury occurs when a violent explosion or the wave of pressure from an explosion damages the brain.

    • What are the different types of traumatic brain injury?

      There are three types of traumatic brain injury- mild, moderate and severe. Mild TBI is also called a concussion. Moderate TBI is someone who loses consciousness for 20 minutes to six hours. Severe TBI is someone who is in a coma for more than six hours

    • Who can file a wrongful death claim?

      Most states allow the surviving spouse or surviving children to bring a wrongful death claim. If there is no spouse and no children, then and only then may the parents of the deceased bring a claim.

    • How long do I have to file a wrongful death suit?

      You typically have two years from the date of the deceased's death to file a wrongful death lawsuit.

    • What is the difference between wrongful death and murder?

      Murder is determined in a criminal lawsuit while wrongful death is determined in a civil lawsuit.

    • How is the amount of damages determined in a wrongful death case?

      Determining the amount of damages is tricky, but family members may be able to recover payment for medical bills and burial expenses. In certain cases, pain and suffering and future earnings may also be recovered.

    • How much will it cost me to pursue a wrongful death claim?

      Most wrongful death attorneys work on a contingent basis. This means that the attorney gets paid a percentage of the amount recovered.

    • Can heirs hire separate legal representatives in a wrongful death case?

      Yes. This situation happens quite frequently, especially in cases in which heirs are hostile towards one another.

  • Transportation Accidents

    • How do I know if I need an attorney?

      Hiring an attorney is not required following an auto accident but there are a few instances where it could be a good idea. If you or anyone involved has been seriously injured, you may want representation to keep the line of communication open between you and the insurance company. You also may want representation if you have to prove that another driver was at fault. Accidents involving trucks, busses, or other forms of transportation are usually more complex than car accidents, so talking to an attorney about your rights may be a good idea. If you are unsure if you need an attorney, please contact Kane & Silverman to see if you have a claim.

    • Should I call the police?

      Yes, this will provide proof and will allow for an immediate investigation. The police will also take statements and check for drug or alcohol use.

    • Should I contact my insurance company?

      Most insurance companies require that each policyholder report every auto accident regardless if you are at fault or not. This is to make a recorded statement of the accident. It is important not to sign anything or make a recorded statement until you speak with an attorney.

    • Should I go to the doctor?

      If you are in pain, yes. Keep in mind that you may not notice pain right away. But as soon as you feel any pain or discomfort following an auto accident, you should be evaluated by a medical professional. Waiting to seek medical treatment can be bad for your health. It may also hurt your chances of obtaining an appropriate settlement.

    • Should I take pictures of the scene of the accident?

      Yes. If it is safe to do so, take pictures of every vehicle involved, the general location, the road, and various angles of the accident.

    • What information should I obtain following the accident?

      You should obtain the full names of all victims involved (including passengers and pedestrians) as well as contact information of any witnesses to the accident. You should also record your observations of the following: Did anyone report an injury? What type of personal injury was reported, if any? Did medical assistance arrive? What was the location of the accident? What time of day was the accident? What were road conditions like? What were the weather conditions? Was there damage to the vehicle? Did the police come?

    • How long do I have to file a claim?

      In Pennsylvania and New Jersey, there is a two-year statute of limitations to file a personal injury claim. If you miss this deadline or are not aware of your legal rights, you lose the opportunity to receive the highest amount of compensation for your accident.

    • What does no-fault mean?

      New Jersey and Pennsylvania are both no-fault states. This means that if you are involved in a crash, your own insurance company pays your medical bills even if the crash was not your fault. Other drivers involved in the crash are covered by their own car insurance policies. However, if your case involves serious injuries, you may be able to file a claim for additional compensation.

    • The trucking or bus company wants to talk to me. What should I do?

      Don’t talk to the trucking or bus company until you speak with an attorney first.

  • Product Liability

    • What is Product Liability?

      Product Liability is when a manufacturer or business is held liable for selling a dangerous product to consumers. The product could have a defect or lack sufficient safety warnings. Dangerous products may include a faulty brake pedal, foreign objects in food or drink, pharmaceutical drugs, and much more.

    • Who is responsible when a product causes an injury?

      A manufacturer, wholesaler and/or seller may be responsible if the defective product causes injury.

    • What compensation can I expect to receive?

      Depending on the strength of the case, you may be able to recover compensation for medical bills, lost wages and pain and suffering. In certain situations when a defendant acts maliciously or is deemed grossly negligent, you may be able to recover punitive damages.

    • What is an implied warranty?

      An implied warranty promises that a product is fit for its intended purpose.

    • What is failure to warn?

      A failure to warn is the claim that the manufacturer did not provide adequate directions for the safe use of a product. This also includes inadequate warnings against dangers inherent in product misuse.

  • Premises Liability

    • What is Premises Liability?

      Premises Liability refers to accidents that occur because of negligent maintenance or dangerous conditions on the property of a person or a business that is not the injured victim’s property.

    • What needs to be proven to recover damages?

      Like most other personal injury claims, premises liability is based on a theory of negligence. In other words, you have to prove that there was a breach of the commonly accepted duty to exercise care. A plaintiff has to prove: 1) the defendant owned, occupied, or leased the property, 2) the defendant was negligent in the use of the property, 3) the plaintiff was injured, and 4) the defendant’s negligence was a substantial factor in those injuries

    • What factors are taken into account in a premises liability case?

      Factors include whether the person was an invitee, licensee, or trespasser, whether the owner knew of or should have known of the dangerous situation, if the owner did anything to warn guests or remedy the situation, and if the injury was reasonably foreseeable.

    • Who can I sue for damages?

      Any party whose actions are said to be a "proximate cause" of your injury can be liable for damages. To establish a proximate cause, you must prove that the injuries were reasonably foreseeable.

    • How much will it cost me?

      The lawyers at Kane & Silverman work on a contingency basis so you will only be charged legal fees if there is compensation recovered for your losses.

    • I fell on a hotel's premises. Can I sue?

      A hotel may be held liable if you slipped, tripped or fell on hotel premises because of negligence on their part. If the hotel knew about the dangerous condition but did nothing to warn about the possibility of danger and/or remedy the problem, the hotel could be held responsible. It's always best to consult with an attorney regarding your case. Call 215-232-1000 for a free consultation.

    • Can I sue the city if I fell on a broken piece of city sidewalk?

      The answer to this question is tricky. Many states have statutes that give local governments immunity and prohibit recovery in many types of cases. With that said, municipalities have a duty to keep both streets and sidewalks repaired. An injured party may have a case if he or she can show that the municipality failed to maintain the street or sidewalk properly. It's always best to consult with an attorney regarding your case. Call 215-232-1000 for a free consultation.

    • I was injured at a neighbor's house when I was attending a holiday party. Can I sue?

      Depending on how you received your injuries, you may be able to recover damages. Any guest should be warned about potentially dangerous conditions that may arise. Call 215-232-1000 for a free consultation with a premises liability attorney.

  • Nursing Home Abuse

    • How common is elder abuse?

      A study of nursing home residents found that 44% of residents were abused and 95% had been neglected or saw another resident be neglected.

    • What are the major types of elder abuse?

      Physical abuse, sexual abuse, emotional abuse, financial abuse, abandonment, and neglect.

    • What do I do if I suspect elder abuse?

      Anyone who suspects elder abuse or elder neglect should report it to the local law enforcement and local county Adult Protective Services. Next, you should call a Philadelphia elder abuse attorney at Kane & Silverman at 215-232-1000.

    • Who abuses the elderly?

      Staff in nursing homes and assisted living facilities may abuse the residents. But often, it is family members who are the abusers. Spouses and children are the most common perpetrators.

    • Are there criminal penalties for those that abuse the elderly?

      While laws vary from state to state, Pennsylvania and New Jersey both have laws that address criminal penalties for various types of elder abuse.

  • Medical Malpractice

    • How long do I have to file a medical malpratice claim?

      In both Pennsylvania and New Jersey, you have two years to file a medical malpractice claim.

    • What is taken into consideration in a medical malpractice case?

      Some of the things we look for when handling malpractice claims are: Was there a doctor-patient relationship? Is the doctor (or medical facility) negligent? Did their negligence “cause” the injury? Whether the injury led to complications or other damages such as lost earning capacity, physical pain, additional medical cost, etc.

    • Can you file a malpractice suit against someone other than a doctor?

      Yes, a medical malpractice suit can be filed against any individual or entity that provides health care.

    • How long will it take to resolve my case?

      A typical medical malpractice case takes between one to two years following the complaint being filed.

    • Will there be a jury trial or settlement?

      The majority of medical negligence cases are settled before reaching trial.

    • How much does it cost to prosecute the case?

      Typically, medical malpractice cases are expensive to litigate with costs being estimated between $40,000 and $75,000.

    • If we lose the case, will I be responsible for any costs?

      No, Kane & Silverman works on a contingent basis, which means you only become responsible for costs if the case is won.

    • Can a case be reopened after it is settled?

      Generally speaking, no. When you settle a case, you normally sign a release that keeps you from pursuing the claim again.

    • What is subrogation?

      Subrogation is a legal concept that allows someone who covers the cost of your injuries to eventually recover those payments from the person deemed liable for the injury.

    • Is a misdiagnosis always malpractice?

      Not necessarily, as the law does not require doctors to be correct all of the time.

    • How common are birth injuries?

      6 to 8 out of every 1000 infants born in the United States are born with a birth injury.

    • Who is responsible for my child's birth injury?

      There is not always a definitive answer to this question because it is often difficult to determine if any medical negligence existed or if the problem occurred before birth. That’s why you should always consult with a birth injury attorney regarding your specific case.

    • What kinds of damages can be collected from a birth injury claim?

      When a case is resolved successfully, you may be able to collect pain and suffering, medical expenses, future medical care, lost wages, life care plan expenses, and diminished earning capacity.

    • Who receives the money if the birth injury claim is successful?

      In most cases, damages will be awarded to the child. The money is usually placed in a trust fund or blocked account that is subject to court order and review.

  • Bad Faith Insurance

    • How long do I have to decide whether I want to file a bad faith claim?

      Usually, you have two years from the date of the insurance company's unreasonable conduct

    • What can I recover if I sue my insurance company?

      You may be eligible to recover the benefits of the policy for the claim in addition to consequential losses and damages you suffered as a result of the denied claim (including legal fees).

    • Can my insurance company deny my claim?

      Yes, when the insured has not lived up to the insurance contract, the claim is not covered by the policy, or if fraud is involved.

    • What should I do if my insurance company is denying coverage?

      You should seek legal advice immediately and be sure to keep a detailed log of any and all communications with your insurance company.

    • What are common examples of bad faith conduct?

      Unreasonable denial or termination of an insurance claim that should have been paid, Unreasonable delay in making payments to the policyholder, Unreasonable failure to defend a policyholder who has been sued under a policy containing a liability provision, Unreasonably attempting to under-settle or lowball the payment of a claim

  • What is Personal Injury Law?

    Personal injury law refers to the legal rights and various litigation options available to an injured accident victim. Personal injury claims and lawsuits arise when people are injured by the carelessness of others or intentional acts of malice. When someone is determined to be legally responsible for causing injury to someone else, that person or company is liable for the injury. They may have to pay the injured person compensatory damages. In some cases, punitive damages are also awarded in these lawsuits.

  • How Much Does a Personal Injury Lawyer Cost?

    At Kane & Silverman, we work on a contingency fee basis. This means you pay nothing until we settle your case or win your case in court. We are only paid a certain amount of what you recover.

  • What is Personal Injury?

    Personal Injury involves any type of physical injury to a person(s). Personal Injury could also be emotional or mental. Personal Injury lawyers help clients through litigation when they’ve been involved in a car accident, truck accident, workplace accident, injury from dangerous or unsafe products or any other injury-causing accident.

  • What are compensatory damages?

    Compensatory damages are monetary damages that attempt to put an injured person back in the position he or she enjoyed before being injured. Monetary rewards can cover medical bills, lost wages, and compensation for pain, suffering and inconvenience.

  • What is Negligence?

    Negligence is when a person’s careless behavior results in injury or death to someone else.

  • What is Liability?

    Liability is when a person or company is legally responsible for their actions.