Personal Injury FAQ

For the past 25 years, The Law Offices Of James W Flood has provided high quality legal representation to plaintiffs in personal injury cases in Montgomery, Bucks, Chester, Delaware, and Philadelphia Counties. We have provided answers to some frequently asked questions regarding personal injury representation and cases.

Frequently Asked Personal Injury Questions Include:

How does the Tort election selected on my auto policy affect me and my family?

Often clients involved in an accident are not even aware of what tort option they have on their auto policy or how it relates to their ability to recover for injuries. Regretfully, on many occasions, we must advise the injured person that because they have chosen the Limited Tort option on their car insurance policy, they will not be able to seek damages for their pain and suffering even though someone else caused their accident. Under Limited Tort, the insured and the insured’s household family members are barred from recovering for pain and suffering caused by an injury, unless the injury is deemed to be “serious”. You may be surprised to know that the courts have ruled that injuries such as herniated disks, fractured bones, and painful nerve or ligament injuries, are not necessarily considered to be “serious” injuries as defined by law. Similarly, an injury which results in you losing weeks and even months from work may also not be considered “serious” even though the impact on your financial affairs may be severe.

While the promise of a 5-10% savings in your insurance premium may seem to justify giving up your rights, in the long run it may be a very costly decision, barring you and members of your family from recovering monies that you would be entitled to had you selected Full Tort. INSIST ON FULL TORT COVERAGE.

What should I do if I am involved in an accident?

First and foremost, call the police.  All too often, people exchange information and the information turns out to be wrong.  The police can verify identification, determine whether the other driver was properly licensed, and who was at fault.  Secondly, if you are injured, ask the officer to call for an ambulance.  It may be that you do not begin to feel pain until hours after the accident.  You should seek medical attention when the injuries first manifest themselves.  Finally, you should contact an attorney.  You are ill equipped to negotiate with an insurance adjuster (no matter how nice he or she may seem).  We have experience negotiating with insurance adjusters and know the value of your claim.

Contact The Law Offices of James W Flood today at 610-945-9456 for all of your personal injury needs.