Kelly, Parker & Cohen, LLP

Frequently Asked Questions

  • What is the difference between a personal injury lawsuit and a workers’ compensation claim?
    A personal injury lawsuit provides a remedy when you are injured due to someone else’s negligent conduct. In layman’s terms, negligence occurs when someone does not exercise a reasonable standard of care to ensure your safety. A workers’ compensation claim provides a remedy when you are injured during the course of your employment and does not require negligence on anyone’s part.
  • Can I still recover in a personal injury lawsuit if I am partially to blame for my accident?
    Yes, Pennsylvania follows what’s called a comparative negligence rule. If you are not more than 50 percent at fault for the accident, you can still recover monetary damages. Your financial recovery will be reduced by the percentage to which you are at fault. For instance, if you are awarded $10,000 for your injuries, but are found to be 40 percent at fault for the accident, your award will be reduced by 40 percent (i.e., $4,000). You will receive $6,000.
  • What if I can’t afford to hire you to represent me in my personal injury lawsuit?
    We get our legal fees when we settle or win your case. If we don’t win your case, you will not have to pay an attorney fee at all. We’ll explain all the details when we meet with you.
  • What if I can’t afford medical treatment?
    If you were in an auto accident, you will have personal injury protection (PIP) benefits under your own Pennsylvania auto insurance (or possibly someone else’s) that cover treatment for your injuries. You may also have health insurance that provides additional coverage. If you are injured at work, your employer’s workers’ compensation insurance will cover medical treatment. If you must pay for your treatment yourself, we can contact your health care providers to see if they will agree to wait for payment until your lawsuit is resolved.
  • When will I receive compensation for my injuries?
    Every case is different. Some settle quickly and may only take a few months. Others, particularly if they go on to trial, may take several years. Unfortunately, we cannot give you an exact timeframe. We will work diligently to resolve your case as soon as possible.
Quadriplegic Child

Multi-million-dollar settlement for child who became quadriplegic when a truck crossed into the wrong lane of travel and struck the car she was traveling in.

Wrongful Death

Almost $1 million settlement for family of man crushed and killed at work when farm equipment tipped over and fell on him.