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Pennsylvania Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Pennsylvania on
Q: Can I challenge a low accident settlement in PA due to replacement vehicle cost?

I was involved in a car accident, and the at-fault insurance company has made a settlement offer equivalent to the actual cash value (ACV) of my vehicle. However, this offer is insufficient for purchasing a similar replacement vehicle, which will cause me undue hardship due to the new car payment... View More

Matthew Rosenberg
Matthew Rosenberg
answered on May 13, 2025

Yes, you can challenge the insurance company’s settlement offer if you believe the actual cash value (ACV) of your vehicle was undervalued. In Pennsylvania, insurers are required to base their ACV offer on fair market value, which should reflect what it would cost to purchase a comparable vehicle... View More

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Q: Do I have to sign a release for workers' comp to access my Medicare and SSDI info in PA?

I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?

Timothy Belt
Timothy Belt
answered on Apr 24, 2025

You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More

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2 Answers | Asked in Workers' Compensation and Personal Injury for Pennsylvania on
Q: Am I required to inform workers' comp about my new employer?

I have been cleared to return to work after a workers' compensation claim. Am I required to inform the workers' compensation insurance company about my new employer if I haven't informed anyone yet, there are no continuing benefits, and there were no specific instructions given... View More

Timothy Belt
Timothy Belt
answered on Mar 24, 2025

If you are not currently receiving wage loss benefits, you are not required to proactively inform the carrier of the new employer. If you receive reporting forms, you will then need to include the new employer in your response on those forms.

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2 Answers | Asked in Workers' Compensation and Personal Injury for Pennsylvania on
Q: Can I sue a homeowner for injury instead of workers' comp in PA?

I was at work in Pennsylvania and went to a customer's house. While proceeding to the backyard, I slipped and fell on visible ice and broke my tibia and ankle. There were no warning signs about the icy conditions. I reported the incident to my employer and am currently in the hospital for... View More

Timothy Belt
Timothy Belt
answered on Mar 2, 2025

You can potentially sue the homeowner and claim workers' compensation. You will still want to claim workers' compensation to pay for your current medical bills and to provide income now since a personal injury claim may take several years to resolve. The workers' compensation... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: How long does it take for the assigned claims plan to pay in Pennsylvania
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. It could depend on the complexity of the claim, their backlog, and how long it takes to eliminate the possibility of other sources of insurance. Assigned claims plans or public accident indemnification plans in... View More

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: My husband was injured on a machine that is manufactured in China. They ignored the 10 day default notice what happens

now. My current lawyer seems way out of his element. Is it best to just give up? He said it is extremely doubtful that we would get any compensation from the Chinese manufacturer. My husband can’t do the job anymore that he used to do. We are sinking financially now due to him being able to only... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

I’m really sorry to hear about what you and your husband are going through. It sounds like a deeply frustrating and overwhelming situation. When a foreign manufacturer ignores a default notice, like the one you sent to the Chinese company, it doesn’t necessarily mean you have to give up. It’s... View More

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Juvenile Law for Pennsylvania on
Q: Can an opposing party bring a lawyer to a meeting without my consent or knowledge?

My child was injured in school and initially refused care. Was told to sit down when the teacher was informed of a knocked out tooth, blood and pain. Only after numerous attempts of informing the teacher of the injury and pain was my child brought to the nurse who was on lunch break. My child then... View More

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. I hope your child is okay. The short answer to your question is that you may also have the right to bring an attorney. The matter may have been resolved at this point, but you could reach out to Pennsylvania... View More

1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Pennsylvania on
Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse

Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of... View More

Glenn Neiman
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answered on Mar 22, 2024

I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Pennsylvania on
Q: Between a landlord, an original tenant, and a sublessee, who is responsible for injury caused by mold?

sublessee moved in, and a few months later got sick. She tried to sue the landlord, but the landlord said he owed no duty to her because the original tenant was technically her "landlord"

T. Augustus Claus
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answered on Nov 16, 2023

In Pennsylvania, the landlord's responsibility for mold-related injuries depends on the case's specific circumstances. However, landlords generally must maintain their rental properties in a habitable condition. This means they must take steps to prevent mold growth and remediate any mold... View More

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1 Answer | Asked in Personal Injury, Real Estate Law and Consumer Law for Pennsylvania on
Q: Am I liable if my tree fell in a storm and damaged my neighbor's property in PA?

My tree, which was healthy, fell during a storm and landed on my neighbor's property, crushing a car parked there. My insurance only covers my property, and the neighbor refuses to make an insurance claim. In Pennsylvania, am I liable for the damages? I've spoken with a code enforcement... View More

James L. Arrasmith
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answered on May 14, 2025

What you're dealing with is a common concern after a storm, and it's good that you're trying to handle it responsibly. In Pennsylvania, if a healthy tree falls during a natural event like a storm, it's generally considered an “Act of God.” This means you’re typically not... View More

1 Answer | Asked in Employment Law, Libel & Slander and Personal Injury for Pennsylvania on
Q: Can former employer legally disclose separation details to hiring employers?

I was employed at will and separated from my previous job. It seems that my former employer is sharing details about my separation, which might be causing potential employers to turn me down for employment. Can my former employer legally share these details with hiring employers?

James L. Arrasmith
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answered on May 14, 2025

You’re right to be concerned—it can feel frustrating and unfair when it seems like your past is interfering with your future. While most employers are cautious about what they share, there are situations where they can legally disclose factual information about your employment, including dates... View More

1 Answer | Asked in Estate Planning, Probate, Civil Litigation and Personal Injury for Pennsylvania on
Q: Can we dispute my father's will under PA law, considering asset distribution issues?

My father's will was restated by his wife's lawyer when he was 93 and had an Alzheimer's diagnosis, raising concerns about his capacity to understand it. The will specifies that the primary home, jointly owned with his second wife, should be sold with proceeds split 50% to his wife... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re dealing with sounds incredibly painful and complicated, especially with concerns about your father’s mental state and the fairness of how his estate is being handled. If your father had an Alzheimer’s diagnosis when the will was restated, that alone raises serious questions about... View More

Q: Can I sue for IIED due to my neighbor's harassment?

Can I sue my neighbor for Intentional Infliction of Emotional Distress (IIED) due to persistent harassment? My neighbors have repeatedly called the police on me without proof while I was recording my property from inside my home for my safety. Despite showing police video evidence of their... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, you may have grounds to sue for Intentional Infliction of Emotional Distress (IIED), especially if the harassment has been ongoing, deliberate, and extreme enough to cause serious emotional harm. To succeed in this kind of claim, you typically need to show that your neighbor’s behavior was... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Pennsylvania on
Q: Am I responsible for paying the remaining car loan after insurance payout?

I hit a parked car, and my insurance declared it totaled. The insurance company paid $14,000, but the car owner is planning to sue me because they still owe $18,000 on their car loan. Am I responsible for paying the remaining $4,000?

James L. Arrasmith
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answered on May 14, 2025

You’re generally only responsible for the fair market value of the car at the time of the accident, not the full amount of someone else’s loan. If your insurance company paid \$14,000 and that reflects the car’s actual cash value, then legally, that’s often considered a full settlement. The... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Pennsylvania on
Q: How should I approach Walmart after being injured by a rock from their lawnmower in PA?

I was hit on the side of my head by a rock from a lawnmower in a Walmart parking lot in Philadelphia, PA yesterday. Witnesses, including the lawnmower driver, two bystanders, a cop, and camera footage likely captured the incident. The bystanders reported it, and the manager came out to assist. I... View More

James L. Arrasmith
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answered on May 14, 2025

Start by gathering all the evidence you have from the incident. That includes your hospital records, photographs of your injuries, witness names and contact info, and any paperwork or statements from the Walmart manager who responded. If a police officer was involved, request a copy of their... View More

1 Answer | Asked in Real Estate Law and Personal Injury for Pennsylvania on
Q: Am I liable for property damage if my tree falls on neighbor's structure?

I have a tree on my property, and I'm concerned it might fall on my neighbor's structure during a natural event, like a storm. There are no prior warnings or signs that the tree is unstable, and we haven't had any discussions or agreements regarding the trees near their property. Am... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve described is deeply alarming and shouldn’t be dismissed. A nurse inserting a catheter without following basic hygiene protocol, especially without changing gloves, can create dangerous consequences. The fact that you’re now facing a drug-resistant infection adds urgency and weight... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Pennsylvania on
Q: Fell at Walmart trying to reach item; claim denied. Legal options?

I recently had a fall at a local Walmart while trying to reach an item in the freezer section. Unable to find help, I climbed up to get it, slipped, and fell hard, injuring my lower back, tailbone, and left wrist. Despite having surveillance video of the incident, Walmart claims services rejected... View More

Emery Brett Ledger
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answered on May 8, 2025

We’re sorry to hear about your recent fall at Walmart and the denial of your claim. Please know that you are not alone—and you may still have legal options.

Retail stores like Walmart have a legal responsibility to maintain safe conditions for customers. If your fall occurred while...
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2 Answers | Asked in Car Accidents, Contracts, Consumer Law and Personal Injury for Pennsylvania on
Q: Can I sue the at-fault driver for a new vehicle if insurance only covered my car loan?

I was involved in a car accident where the other driver was at fault. Their insurance company acknowledged fault and paid out an amount that covered my remaining car loan, but left nothing for a new vehicle. There were no injuries or additional damages involved in the accident. I have a police... View More

Matthew Rosenberg
Matthew Rosenberg
answered on May 5, 2025

In most cases, you can’t sue the at-fault driver for the full cost of a new vehicle if their insurance already paid out the fair market value of your totaled car. Pennsylvania law typically only requires the at-fault driver to cover the actual cash value at the time of the accident, not the cost... View More

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Q: Can I sue my landlord for tenant's marijuana smoke entering my home?

I am experiencing marijuana smoke entering my home from new tenants smoking next door, which causes dizziness. I've reported this to my landlord and notified the police department and DEA online, but I haven't received any responses. There has been no direct contact with the tenants as... View More

James L. Arrasmith
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answered on Apr 14, 2025

I’m sorry to hear you're dealing with this issue. If marijuana smoke is entering your home and affecting your health, it’s a serious concern, especially if you’ve already reported it to the landlord and no action has been taken. Landlords have a responsibility to ensure that tenants are... View More

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