Auto Accidents

Lawyers sometimes agree to represent clients on a contingent fee basis. Instead of billing the client on an hourly basis, the lawyer agrees to accept a fee only upon the successful conclusion of the case. The fee is typically calculated as a percentage of the settlement or trial award. In the event the claim is unsuccessful, the lawyer receives no fee.

Contingent fee practice has been an essential ingredient in our justice system for more than 100 years. It permits every American, regardless of wealth or social standing, the opportunity to pursue a valid claim against even the most powerful corporation or individual. In large measure, the contingent fee has made our justice system the envy of the world. It breathes life into the democratic ideals that no one is above the law and everyone must be accountable for his or her behavior. The contingent fee is the equalizer -- the one device in law that gives injured people, no matter what their financial means, an even break in the courtroom against giant corporations and insurance companies.

At Silberblatt Mermelstein, a large portion of our cases are handled on a contingent fee arrangement. We accept cases involving automobile accidents, malpractice, defective products, work injuries, fall downs, claims against insurance companies, fire losses and death cases on a contingent fee.

Our willingness to accept your case on a contingent fee is your opportunity to enforce your rights if you have been a victim and suffered an injury. The availability of a contingent fee allows you to go toe-to-toe with the individual or company responsible for your injury. The contingent fee is your key to the Courthouse.

A careless driver hits your car and injures you and your family. Your children will take months to fully recover. But neither you nor your family can collect for your pain and suffering. Why? Because you didn't have a Full Tort auto insurance policy. 

In 1990, the Pennsylvania Legislature enacted a law that created two separate "classes" of auto insurance - Full Tort and Limited Tort. This new law allows policy owners to choose the "class" of insurance they desire to buy. Although there is only a slight cost difference between a Full Tort policy and a Limited Tort policy, the difference in coverage is quite substantial. 

A Full Tort policy gives you the right to file suit to receive compensation for the pain, suffering and inconvenience that you sustain in an auto accident that is caused by someone else. A Limited Tort policy, on the other hand, may prevent you from seeking compensation for your losses unless your injuries are serious and permanent. 

If you select a Limited Tort policy, that selection will prevent you and your family from being able to collect for pain and suffering, even when they're in a car driven by someone who has a Full Tort policy. 

A Limited Tort policy provides you and your family with limited coverage. A Limited Tort policy closes the courthouse for you and your family because by selecting a Limited Tort policy, you have selected a lesser form of coverage that will prevent you from seeking compensation from the person who caused your injuries. 

What an insurance agent calls "full coverage" is not always full protection. Insist on a Full Tort auto insurance policy. You and your family deserve the right to seek compensation from someone who causes you to suffer. 

Understanding the ins and outs of auto insurance is complicated and time consuming. At Silberblatt Mermelstein, we spend a lot of time reading and reviewing different types of insurance policies. We make it our policy to understand the insurance coverages at issue in our cases. Sorting out the applicable insurance coverages is our first step in representing our clients who have been involved in automobile accidents. 

If you have questions about your auto insurance, please feel free to call us. 

When a dispute arises between two people or businesses, sometimes litigation is the only means of resolving the problem. The process of litigation begins when less formal methods of settling a dispute have failed. Litigation is, therefore, the final method of dispute resolution.

In Pennsylvania, litigation is handled by a network of county courts known as "Courts of Common Pleas." Each Court of Common Pleas has the power and authority to conduct jury trials and trials before Judges to solve civil disputes. Complex rules of procedure and the law of evidence control the litigation and trial practices of the courts.

Decisions of the Courts of Common Pleas are reviewable by Pennsylvania's appellate courts -- the Superior Court, the Commonwealth Court and the Supreme Court. Appeals to the Superior Court and Commonwealth Court are an absolute right. However, the Supreme Court of Pennsylvania has the ability to pick and choose the cases it will review.

The judicial branch of the Federal government also operates a court system that serves Pennsylvania. The United States District Court for the Western District of Pennsylvania operates a civil trial court in Pittsburgh, Erie and Johnstown. The types of cases that are tried in Federal court are limited by Federal legislation. Appeals from Federal district court decisions are taken to the United States Court of Appeals for the Third Circuit which convenes in Philadelphia. The Supreme Court of the United States entertains appeals from the Third Circuit.

Litigation is a complicated and consuming area of practice for lawyers. At Silberblatt Mermelstein, we approach litigation seriously -- both the decision to litigate and the decision to settle litigation -- because the purpose of litigation is to enforce your rights, our client's rights.

The law in Pennsylvania requires that every registered vehicle be covered with a policy of auto insurance. The law specifies certain types of coverages and sets minimum limits of coverages.

Auto insurance is generally referred to as either "first-party" coverage (insurance that is purchased to benefit the policy owner, his family and guest passengers) and "third-party" coverage (insurance that provides coverage for pedestrians or people travelling in other vehicles).

The following is a basic listing of different types of auto insurance coverages: 

Medical Expenses - This is the "no-fault" portion of auto insurance. Regardless of who causes an accident, the insurance policy that you purchase or the policy that insures your vehicle pays for your medical expenses. Pennsylvania law requires minimum "first-party" medical expense coverage of $5,000.00. 

Wage Loss - This optional "first-party" coverage that you can purchase as part of your auto policy reimburses you for lost wages if you are unable to work due to injuries you sustained in an auto accident regardless of who caused the accident. 

Collision Coverage - This type of auto insurance is not required by state law. If purchased it provides benefits to repair your car following an accident, regardless of whose fault caused the accident. 

Uninsured Motorist Benefits - If you are injured in an accident that was caused by a driver who did not have any insurance, the uninsured motorist coverage in your own insurance policy will compensate you for your pain, suffering and inconvenience. This type of coverage is not mandated by Pennsylvania law.

Underinsured motorist benefits - If you are seriously injured in an auto accident and the person who caused the accident has insufficient insurance coverage to compensate for your losses (in other words, the responsible person is underinsured), the underinsured motorist coverage on your policy will compensate you for losses that are in excess of the responsible person's coverage. This type of coverage is optional. 

Liability - This is the "third-party" portion of your auto insurance policy. If an accident occurs and you were the cause, any people who were injured will seek compensation from you and this portion of your insurance policy will provide coverage. State law requires you to carry a minimum of $15,000.00 in liability coverage. 

Full Tort/Limited Tort - This is a selection that you must make when you purchase your insurance policy. Full tort gives you the right to file suit to receive compensation for the pain, suffering and inconvenience that you sustain in an auto accident that is caused by someone else. The limited tort option may prevent you from seeking compensation for your losses unless your injuries are serious and permanent.

Understanding the ins and outs of auto insurance is complicated and time consuming. At Silberblatt Mermelstein, we spend a lot of time reading and reviewing different types of insurance policies. We make it our policy to understand the insurance coverages at issue in our cases. Sorting out the applicable insurance coverages is our first step in representing our clients who have been involved in automobile accidents.

If you have questions about your auto insurance, please feel free to call us. 

When you make arrangements for your auto insurance coverage, you will have several choices. One choice will be whether to buy uninsured and underinsured motorist benefits. This type of coverage provides compensation in the event that you are injured as the result of being hit by someone who does not have auto insurance (uninsured benefits) or in the even that you are injured as the result of being hit by someone who has insufficient auto insurance to cover all of your losses (underinsured benefits).

Many insurance agents will tell you that you do not need to buy uninsured or underinsured motorist benefits. They may say that such coverage is unnecessary or too expensive. Don’t believe them! If you want full coverage, then you must insist on uninsured and underinsured motorist benefits. Without these benefits, you run the risk of not receiving the compensation to which you are entitled in the event you or your family suffers injuries as the result of someone’s negligent driving. 

Don’t sell yourself short. Uninsured and underinsured drivers who cause you or your family to suffer injuries do not care about you. Only you can protect yourself against uninsured and underinsured drivers. Check your auto insurance policy. If it does not include uninsured and underinsured motorist benefits, contact your auto insurance agent and ask that these coverages be added to your policy.

Understanding the ins and outs of insurance policies is part of what we routinely do at Silberblatt Mermelstein. If you have questions about auto insurance and the types of coverages that are available, feel free to contact us.

1. Stay calm. It is difficult to think clearly and act rationally and responsibly when you are all worked up. Take a deep breath and relax. Do not leave the scene.
2. Make sure everyone involved is OK. The health and well-being of your passengers and the occupants of any other vehicles that were involved is the most important thing to address. If emergency medical attention is needed, call for help right away.
3. Protect the scene and assure that no one else is hurt. If required, set flares as a warning to oncoming motorists and move vehicles off the highway if necessary to insure that no none else is hurt.
4. Exchange information with other people involved in the accident. Do not assess blame. Do not accept blame. Just provide your name, address, phone number, vehicle information and insurance information. Obtain the name, address, phone number, registration, license, and insurance information from the other drivers. Be sure to get the information for both the driver and the owner of the other vehicle.
5. Obtain the names, addresses, and phone numbers of any witnesses.
6. Assess the extent of physical damage to the other vehicles. Write down the make, model, and year of the other vehicles and make notes about the physical damages.
7. Draw a diagram showing the scene of the accident. Check for street names, traffic signs and signals, and any landmarks.
8. Contact the authorities. Call the police and be cooperative when they arrive to take a report. 
9. Contact your insurance agent and report the accident.
10. Be careful who you talk to and what you say. Often, you will receive phone calls from insurance adjusters asking you to make a statement. What you say and how you say it will be very important. Consider talking to a lawyer before talking to any insurance adjusters.