If you’ve been injured in an accident, chances are you’re asking yourself one big question: “Do I actually have a case, or am I wasting my time calling a lawyer?”
That uncertainty stops a lot of people from getting help. This guide answers the most common personal injury questions, clearly, directly, and honestly; so you can understand your rights and decide what to do next.
Do I Have a Personal Injury Case?
Short answer: Yes, if your injury was caused by someone else’s negligence and resulted in real harm.
You may have a personal injury case if:
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Another person or company acted carelessly
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That carelessness caused an accident
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You were injured physically, financially, or emotionally
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You suffered measurable losses (medical bills, missed work, pain)
You do not need catastrophic injuries to have a valid claim. Many strong cases involve injuries that seem “minor” at first but worsen over time.
What Should I Do Immediately After an Accident?
The steps you take right after an accident can significantly affect your case.
Immediately after an accident, you should:
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Seek medical attention (even if you feel “okay”)
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Report the incident (police, employer, or property owner)
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Document the scene (photos, videos, witness info)
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Avoid detailed statements to insurers
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Speak to a personal injury lawyer before signing anything
Early mistakes, especially talking to insurance too soon are one of the biggest reasons valid cases lose value.
How Much Is My Injury Case Worth?
There is no single number, but personal injury cases are typically valued based on several factors.
Insurance companies consider:
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Severity of the injury
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Medical expenses (past and future)
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Time missed from work
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Permanent limitations or disability
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Pain, suffering, and loss of enjoyment of life
Even similar injuries can have very different values depending on how they affect your life. Online settlement calculators are unreliable and often misleading.
How Long Do I Have to File a Personal Injury Claim?
In Pennsylvania, most personal injury claims must be filed within two years of the accident.
This is known as the statute of limitations. If you miss it, you usually lose your right to compensation, no matter how strong your case is.
There are exceptions (especially for minors or delayed discovery injuries), but you should never assume you have “plenty of time.”
Do I Still Have a Case If the Accident Was Partly My Fault?
Yes, as long as you were less than 51% at fault.
Pennsylvania follows a modified comparative negligence rule:
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You can recover compensation if you’re 50% or less responsible
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Your compensation is reduced by your percentage of fault
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If you’re 51% or more at fault, you recover nothing
Insurance companies often exaggerate your fault to reduce payouts. This is one of the most common tactics used against injury victims.
Will My Case Settle or Go to Court?
Most personal injury cases settle.
The majority are resolved through negotiation, not trial. That said, the ability to go to court is what gives a case leverage.
Cases are more likely to settle fairly when:
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Liability is clearly established
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Injuries are well documented
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The lawyer is prepared for litigation if needed
Insurance companies offer better settlements when they know a case is trial-ready.
How Does a Personal Injury Lawyer Get Paid?
Personal injury lawyers are typically paid on a contingency fee basis.
That means:
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You pay nothing upfront
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The lawyer only gets paid if you recover compensation
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Fees are a percentage of the settlement or verdict
If there’s no recovery, you generally owe no attorney fees. This system allows injured people to pursue justice without financial risk.
What Injuries Are Commonly Undervalued by Insurance Companies?
Some injuries are routinely minimized, despite long-term consequences.
These include:
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Soft tissue injuries
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Back and neck injuries
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Concussions and mild traumatic brain injuries
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Chronic pain conditions
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Psychological trauma (anxiety, PTSD)
Just because an injury isn’t visible on an X-ray doesn’t mean it isn’t real or compensable.
Should I Talk to the Insurance Company Before Calling a Lawyer?
Usually, no.
Insurance adjusters are trained to:
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Get statements that limit their responsibility
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Encourage quick, low settlements
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Downplay injuries
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Shift blame
You are not required to give a detailed statement right away, and doing so can seriously damage your case.
Is It Too Late to Call a Lawyer If My Accident Happened Months Ago?
Not necessarily.
Many people wait because:
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Injuries took time to worsen
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Insurance delayed or stalled
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They hoped it would resolve on its own
If the statute of limitations hasn’t expired, it may still be worth pursuing a claim. Delays don’t automatically disqualify a case—but evidence becomes harder to gather over time.
When Should I Speak With a Personal Injury Lawyer?
You should speak with a lawyer if:
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You were injured and it wasn’t your fault
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Insurance is involved
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Medical bills are piling up
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You missed time from work
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You’re unsure what your rights are
A consultation helps you understand where you stand before costly mistakes are made.
Bottom Line: Clarity Comes From Asking the Right Questions
Most people don’t call a lawyer because they “want to sue.” They call because they want answers.
If you’re asking questions like the ones above, it’s usually a sign that your situation is worth reviewing. Getting information early doesn’t cost anything—but waiting too long often does.