Personal Injury

Personal injury cases happen when someone is harmed through an accident or injury that wasn’t their fault, such as a workplace or automobile accident.

If an accident has impacted your life – or that of a loved one – you may be entitled to compensation if another person, company, or government agency is liable.

Personal injury

Personal injury cases happen when someone is harmed through an accident or injury that wasn’t their fault, such as a workplace or automobile accident.

If an accident has impacted your life – or that of a loved one – you may be entitled to compensation if another person, company, or government agency is liable.

To Do List

What to do if you or a loved one have been in an accident:

1

st
Step

Do not speak to the insurance company – remember that you are not under legal obligation to do so.

2

nd
Step

Always keep in mind that anything you say can be used against you.  In fact, your case can be negatively impacted by you speaking to the insurance company first.

3

rd
Step

Do not sign anything under any circumstance.

 

4

th
Step

Do not give any statements. As you have heard on TV, you always have the right to remain silent.

5

th
Step

Call us immediately, and we will deal with the insurance companies for you.

Stats

95 percent of personal injury cases are settled before they go to trial.

The majority of personal injury cases involve motor vehicle accidents.

Do I Have a Case?

The staff and attorneys at Phil DiLucente & Associates will consult with you over the phone or via email to help determine if indeed the facts of your injury display preventable wrongdoing that merit filing suit.

After our initial meeting, interview with you, and discussion, our attorneys will make a joint decision with you whether to initiate an investigation leading toward filing a personal injury suit. 

The patient or patient’s next-of-kin will sign an agreement hiring Phil DiLucente & Associates, setting forth payment details and the representation duties following. 

We will work with you to assemble the details of your accident. This includes the extent of your injury or illness, future medical needs, the accident evidence, scarring or permanent damage to your health, hospital stays, who was at fault, as well as past and future surgeries. We will then secure all pertinent records. Next, we will review and summarize these records, before having them reviewed by experts who will testify at trial. We will follow up by issuing suit papers. Then, we will interview the witnesses, and schedule the case for trial.  

If you or a loved one has been hurt in an accident, do not hesitate to contact Phil DiLucente & Associates. A phone call or online communication with us will provide the answers you need, and we’ll be able to determine together if you indeed have a case. The chaos and stress of injury is enough to handle on its own; we’ll handle the details while you recover. 

Statute of Limitations

Pennsylvania Statute of Limitations varies in personal injury cases, depending on the type of case it is. For example, from the date of the death, wrongful death cases have a two year statute of limitations. Personal injury, which can include product liability claims and medical malpractice, provide a two year statute of limitations, with the exception of the discovery rule. This rule stipulates that the two year statute of limitations begins at the time the individual detects the injury.  

Minors have certain exceptions.  If injured, a minor who is not self-supporting must file suit within two years of his or her 18th birthday, except in the case of wrongful death. In instances where the minor is self-supporting, they must file suit within two years of the date the injury occurred. 

Worker’s compensation suits must be filed within three years of the disability or injury. You have 120 days to report the injury to your employer.

Types of Cases

At Phil DiLucente & Associates, we are equipped to handle a multitude of cases. Involved in an automotive accident? We cover car crashes, motorcycle accidents, ATV accidents, truck accidents, and drunk driving victims. Harmed by external factors? Our expert attorneys deal with dog bites, animal attacks, fires, and explosions. Hurt on the job? We go after defective products, social security disability, workers’ compensation, as well as trips, slips, and falls. 

There are also a number of additional cases we deal with, such as pedestrian accidents, construction zone accidents, bus accidents, and bicycle accidents. Instances of daycare accidents, school accidents, swimming pool accidents, and boating accidents are covered by our expert staff. Even pharmacy errors, nursing home abuse, and food poisoning cases are within the realm of our expertise. 

If you’ve suffered personal injury, the expert attorneys at Phil DiLucente & Associates are ready to help you get the justice you deserve.

FAQ

Yes. There are far too many instances where an injured person has attempted to represent themselves, only to be robbed of the justice he or she deserves. Insurance companies have lawyers fighting for them, so we think it’s in your best interest to have someone fighting for you.

Every case is different, so compensation can vary by thousands of dollars. Whether or not you choose to continue suit or settle with the insurance companies can significantly affect what you receive. In the same fashion that a number of factors determine if you indeed have a case, a variety of circumstances determine what will be the result of your case.

Take photos. If you’ve been harmed in an accident, taking photos is critical. Pictures provide proof of your injuries, the scene of the accident, and damage to personal property. Another important step is to ask for documentation of the incident. As a victim of an accident, you retain the right to ask for a police report. You also have the right to a copy of that report.
Remaining silent further aids in protecting your rights. Remember, anything you say can and will be used against you in a court of law. Refrain from issuing a statement until you’ve spoken with our attorneys. Do not speak to the insurance companies or sign anything before contacting our lawyers first. Here at Phil DiLucente & Associates, we want to see you collect compensation for your injuries, and we will fight for you every step of the way.

Phil DiLucente & Associates procures copies of medical bills, documents your injuries, and obtains police as well as incident reports. We send investigators to the scene of the accident, who gather evidence and take additional photos. We’ll employ experts as needed, and handle the extensive legal paperwork. Perhaps most importantly, we deal with the insurance companies, and prioritize the protection of your rights.

Since insurance companies, and even some opposing counsel members, can gain permission to access posts and photos on your social media, they can potentially obtain information that could twist the case in their favor. While deactivating your social media accounts is one solution, we understand that such action is often impractical. However, if you do not close your social media accounts, it is crucial that you do not post any information, photos or otherwise, that could suggest your injury is not as serious as you claim.
Do not post anything that could be perceived as you blaming another party or you assuming responsibility for your accident. Never insult other individuals or companies involved in your case. Furthermore, don’t agree to any form of communication, such as friend or follow requests from anyone you don’t know; it could be an account an insurance company is using to spy on you. Make sure your privacy settings are secure, and instruct family and friends to keep your matters private. Contact an experienced attorney at Phil DiLucente & Associates if you have any questions.

You have the right to funding for your medical bills, the recovery of all missed income, and more if you’ve been seriously injured in an accident. No matter what level of employment you occupy, you can file a claim for lost wages from the job you held when you were hurt, in addition to missed earning opportunities.
In order to recover lost wages, you must provide evidence of how much money you would have made if you had not been injured and demonstrate proof of how the injuries suffered in your accident prevented you from going to work. Furthermore, you will need documentation of the injuries you sustained from your doctor. Our experienced personal injury attorneys will help determine who is liable, and work to reimburse your lost wages.

If you could not have known injury was caused until much later, then the discovery rule takes effect, beginning at the time of discovery and allowing a 2 year statute of limitations from initial detection.