It’s often assumed by the public that serious injury claims in England and Wales end up being decided by a judge sitting in court.  After all, they involve complex medical issues, with life-changing consequences for the injured person and their family. So, surely let the judge decide how much the claimant should get?  

The total compensation awarded in complex injury cases can run into the millions of pounds, but only after an enormous amount of skilled legal work from the lawyers involved in the case. So, it might surprise laypersons that most serious injurycases settle (in excess of 96%) and resolve without the necessity of a full trial on liability or quantum. 

This is not due to the simplicity of the issues or to the modest nature of the injuries – far from it. It is because the English civil justice system forces the parties to the claim to identify strengths and weaknesses, exchange evidence, and evaluate the risks involved long before trial.  

Whilst serious injury claims are frequently listed for trial, this only serves to put further pressure on the parties to ensure they have all the evidence they need to enable serious and meaningful negotiations to take place before the court hearing. 

Is there an early focus on resolving the question of liability in serious injury claims? 

In serious injury litigation cases, liability is addressed at an early stage. The Pre-Action Protocol for Personal Injury Claims applies to lower-value cases, where the expected damages require the claimant to set out the factual and legal basis of the claim at the outset, supported by whatever evidence is available. The defendant is then required to investigate and provide a reasoned response. 

Whilst serious injury claims are conducted without the requirement to adhere to a strict protocol, it is expected that the spirit of the protocols should still mean that matters are dealt with expeditiously. Indeed, the Practice Direction on Pre-Action Conduct makes it clear that it expects parties to do all they can to avoid unnecessary litigation, with costs sanctions as the penalty for failing to do so. 

It is therefore relatively common for defendants or their insurers to make an early admission, after which the case focuses entirely on the consequences of the injury and the level of compensation required.  

Even where liability is contested, English courts expect parties to clearly identify the points of disagreement and get to the crux of what is in dispute and what’s not.  

What is the role of medical and expert evidence in serious injury claims in England? 

In serious injury claims, obtaining the right medical evidence is at the centre of the whole claim. Medico-legal evidence from multiple experts is usually required. The severity of the claimant’s injuries usually means that follow-up reports are required on an ongoing basis. As a result, it is often impossible for the parties to assess final damages until a firm prognosis can be made with confidence. This means that cases may take many months, if not years, to reach a conclusion. 

However, during this time, the parties will exchange expert reports covering not only the medical position, but also care needs, whether the claimant’s accommodation needs adaptation (or even changing altogether), if there is a requirement for assistive technology (and if so, what types), and future loss of earnings. These reports are usually prepared by acknowledged experts in each field and remain subject to strict procedural rules. 

Once both sides have digested all the expert evidence, the likely range of damages can start to be assessed. There may still be differences between the parties, but they are usually about the extent of the injury or loss, rather than whether compensation is due at all.  By this stage, going to court for an assessment trial becomes less attractive, due to the extra costs involved. In other words, it becomes a question of whether the costs, delay, and uncertainty of a hearing are justified when both parties are in broad agreement about what the case entails. 

How do English judges manage serious injury cases and control costs? 

English judges play an active role in managing serious injury claims through case management conferences and cost budgeting. At the case management conference, the parties must justify the steps they propose to take.  

The costs budgeting hearing requires the parties to provide a detailed estimate of the legal costs each expects to incur throughout the proceedings.  The court will then state the extent to which it approves each budget.  

Serious injury claims are expensive to run. A sensible settlement reached earlier can often deliver a better outcome for all involved. 

What effects do interim payments have on settling serious injury cases? 

Another reason serious injury cases settle is the need to support the injured claimant while the claim progresses. Where liability is admitted, interim payments are often made to fund rehabilitation, care, equipment, and adaptations to accommodation. 

Once the claimant’s immediate needs are being met, the case becomes less adversarial. The emphasis shifts towards long-term planning.  

Isn’t settling a serious injury claim a weak option? 

It would be wrong to think that serious injury trials never happen. Some cases do need to be decided by a judge at court. Liability is not always admitted in serious injury claims. Expert evidence cannot always be agreed upon. Still, such cases remain in the minority. 

Settling a case is sometimes seen as a soft option. That may be the case with some lower-value claims.  

However, lawyers who act for seriously injured or catastrophically injured claimants, and indeed their counterparts acting for the defendant, are usually highly experienced specialists with years of experience behind them. They are equally expert at balancing risk and reward for their clients and know that getting the best result doesn’t always involve their clients in “having their day in court”.  

Licensed to practice in all Florida State Courts and the U.S. District Court for the Middle District of Florida, Marie Schoeb began her legal career as a Prosecutor in Florida’s Sixth Judicial Circuit, where she quickly rose to Lead Trial Attorney, handling everything from DUIs to first-degree murder cases.

Today, Marie is a formidable advocate in both criminal and civil litigation, focusing on personal injury, first-party property claims, and criminal/traffic defense. Her courtroom victories against major insurance carriers have earned her recognition as a Super Lawyers Rising Star, one of Tampa Bay Magazine’s Top Attorneys, and a Top 10 Attorney by NAOPIA.

Beyond her legal achievements, Marie is a skilled negotiator, devoted mother and spouse, and fluent in English, Spanish, and Italian. She brings compassion and tenacity to every case — a true champion for justice in Florida’s legal arena.

What Are the Most Common Causes of Personal Injury Claims in Florida — and How Does Negligence Factor In?

The umbrella of “personal injury” law is home to many different sub-categories. At the most basic level, personal injury cases most commonly arise from the negligence of one party that resulted in injuries and other related damages to the other party. Negligence is broken down into four elements: duty, breach, causation, and damages. For example, in a car accident, if the at-fault party runs a red light and T-bones another vehicle that had the right-of-way, the victim of that accident would need to prove:   

1) that the at-fault driver had a duty to drive their vehicle in a reasonably safe manner, 2) the at-fault driver breached that duty by failing to pay attention and drive in a reasonably safe manner, 3) the at-fault driver’s breach of that duty caused the injuries and other related damage to the victim, 4) what those damages are (injuries, past lost wages, past and future pain and suffering, loss of future earning capacity, etc…).   

Car accidents and premises liability (including slip-and-falls, and other similar cases with injuries caused by an unsafe condition on the premises of an individual or entity) are of the two most common types of personal injury cases. Other types of cases that commonly arise under the personal injury umbrella in Florida are wrongful death, medical malpractice, dog bites, and nursing home negligence.  

How Do Florida’s No-Fault Car Insurance Laws Work — and What Does PIP Coverage Actually Cover?

You may have heard that Florida is a “No-Fault State”, but what does that really mean? In Florida, the No-Fault laws were enacted in relation to car accident cases to relieve some of the burden on all parties involved immediately following the accident.

The idea was, in part, that they did not want people injured in a car accident to avoid seeking medical treatment for their injuries while they waited for insurance companies to make liability determinations. Instead, Florida’s No-Fault laws require Florida drivers to carry at least $10,000.00 in Personal Injury Protection (PIP) coverage.

This means, that regardless of who is determined to be at-fault, under the most common PIP policies, PIP will generally provide coverage of up to 80% of the medical bills submitted to them, up to the policy limits of $10,000.00, depending on the injuries and diagnoses. Under some PIP policies, the individual may also recover up to 60% of lost wages submitted to the insurance company, but it would typically all come from the same $10,000.00 PIP coverage. In order to trigger PIP coverage, it is important that the injured person is treated within 14 days of the accident.

Failure to treat within the first 14 days of the accident would likely result in the insurance company denying PIP coverage.  

What Is the Statute of Limitations for Personal Injury Claims in Florida After the 2023 Tort Reform Law?

Prior to Florida’s New Tort Reform Law that went into effect on March 24, 2023, the statute of limitations for basic negligence cases, such as car accidents and premises liability cases (not involving death), was four years from the date of loss.

That means the lawsuit must be filed within four years from the date of the accident. For car accidents and premises liability cases that occurred prior to March 24, 2023, the four-year statute of limitations still applies, however the other changes in the Tort Reform Law, other than the shortening of the statute of limitations, will affect those cases that occurred prior to March 24, 2023, but were filed after March 24, 2023.

Accidents and premises liability cases, like slip-and-falls, that occurred after March 24, 2023, must be filed within two years from the date of loss under Florida’s New Tort Reform Law. Generally speaking, many of the other areas that fall under the umbrella of personal injury, like wrongful death, medical malpractice and nursing home negligence, must be filed within two years from the date of loss. Failing to file a lawsuit prior to the expiration of the statute of limitations applicable to your case will likely result in you losing the ability to recover anything in your case.  

How Is Personal Injury Compensation Calculated in Florida — and What Damages Can You Recover?

In Florida, there are various ways a person can be compensated in a personal injury case. Common areas of recovery, both non-economic damages as well as economic damages, including but not limited to:   

• past and future medical expenses, 
• past and future pain and suffering, 
• past lost wages, 
• loss of future earning capacity, 
• damages related to mental anguish, 
• out-of-pocket expenses and 
• loss of enjoyment of life. 

Using a non-fatal car accident for example, insurance companies evaluating the claim will take a look at liability issues, medical treatment, diagnoses, past medical expenses, lost wages, future treatment recommendations, proof of mental anguish, out-of-pocket expenses, and a proposed calculation for pain and suffering, among other things, in their determination of how to value the case.

An experienced personal injury attorney knows what documents are needed and what arguments need to be made to maximize and support the valuation of their client’s claim. Most personal injury attorneys can be retained with a signature on a contingency fee agreement.

This means that you will not owe your attorney fees and costs unless they win with either a settlement agreement or at trial. In most personal injury cases, the attorney will be owed a percentage of the settlement proceeds for attorney’s fees, plus costs incurred in pursuing the claim.   

How Do You Prove a Personal Injury Claim in Florida — and What Evidence Do You Need?

Personal Injury claims can be proven in a variety of ways. Testimony of the parties, witnesses, and experts; medical records; medical bills; lost wage documentation and testimony; photographs, videos, phone records, etc. Prior to filing the lawsuit, proving up the claim relies heavily on the documented evidence, whereas after a lawsuit is filed is where more testimonial evidence is presented.

However, in a case like a medical malpractice case, for example, experts must be retained at the beginning of the claim to properly put the other party on notice of the claim under Florida law. Being well-versed in the rules of evidence to assure that the proper foundation is laid to allow the evidence to be admissible is critical.  

What Should You Do in the First 48 Hours After a Personal Injury in Florida?

In a Florida Personal Injury claim, your health is of the utmost importance. Seeking medical attention as early as possible is important.

If you are able, it will be very helpful to your claim to gather information at the scene of the incident like names of witnesses, insurance and contact information from the other party, photographs and/or videos, taking notes on statements that are made and who made them, making a list of providers that you are seeking medical treatment with, and calling police to the location of the car accident, and while it is not required to retain an attorney in a personal injury claim, having their experience on your side, fighting on your behalf, especially with no upfront fees or costs, may give you some peace of mind and ensure you are exhausting all avenues to maximize the value of your claim.  

What Is Florida’s Comparative Negligence Rule — and How Did the 2023 Tort Reform Law Change It?

The comparative negligence rule in Florida has undergone some major changes under Florida’s New Tort Reform Law, that went into effect on March 24, 2023. Regardless of the date of loss, if the lawsuit for a claim was filed after March 24, 2023, it could be subject to the new law depending on what type of claim it is.

The comparative negligence rule means that the Plaintiff’s damages could be decreased if they are found to have contributed to their damages by their own negligence. Prior to Florida’s New Tort Reform Law, Florida followed the pure comparative fault doctrine. That is, even if a Plaintiff was mostly at-fault for their injuries, the damages awarded to them would be reduced proportionally based on the percentage of fault assigned to the Plaintiff.  

Since Florida’s New Tort Reform Law, Florida now follows a “modified comparative negligence” system. This means that if the Plaintiff is found to be more than 50% at fault for the car accident, for example, then they will not be able to recover any damages against the Defendant.   

What Are the Most Important Changes Under Florida’s 2023 Tort Reform Law Affecting Personal Injury Cases?

On March 24, 2023, Florida’s New Tort Reform Law went into effect and made significant changes to the existing laws that applied to many different types of personal injury claims. We will not discuss each and every change in this article, but just highlight a few of the most significant changes. Some of these changes have been explained in greater detail in some of the other areas of this article, but here are some of the more significant changes under Florida’s New Tort Reform Law:   

First is the change from pure comparative negligence to modified comparative negligence standard. That means prior to this new law going into effect, Plaintiffs were able to recover for damages against the other party, even if they contributed to their injuries with their own negligence, under the old law, for example, if damages were found to be $100,000.00, but the Plaintiff was found to be 60% at-fault, they would recover $40,000.00 (the total damages reduced proportionately by Plaintiff’s assigned fault percentage).

Under the new law, if the Plaintiff in that same example was found to be 60% at fault, they would not be able to recover anything. This has been applied to almost all negligence cases except for medical malpractice cases.  

Second, prior to the passing of Florida’s New Tort Reform Law, a Plaintiff had four years from the date of loss in standard, non-fatal negligence cases. The new law has shortened that from four years to two years. If a car accident occurred prior to March 24, 2023, that case would still have the 4-year pre-tort reform statute of limitations, but other tort reform changes, such as the modified comparative negligence standard, would still apply to those cases if the lawsuit was filed after March 24, 2023.  

Third, the admissibility of how a Plaintiff can present evidence the amount of their medical bills was significantly changed under Florida’s New Tort Reform Law. Prior to the new law, Plaintiffs were allowed to present the full amount of charged medical expenses to a jury.

Since the new law was passed, Plaintiff’s are limited in what amounts they can present for their past and future medical expenses. Specifically, if the Plaintiff has health insurance, regardless of whether their treating doctor used that, they would only be able to present evidence of the amount the insurance coverage would be obligated to pay the provider plus the plaintiff's portion of the medical expenses.

If the Plaintiff does not have health insurance or has Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate in effect on the date the Plaintiff incurred the medical services, or if there is no applicable Medicare rate, they would only be able to present 170% of the applicable state Medicaid rate, regardless of what they actually owe the provider. For evidence of future medical expenses, under the new law, Plaintiffs can only present what their insurance coverage would provide plus their portion of the medical expenses under their insurance coverage contract.

For those that don’t have insurance or carry Medicaid or Medicare, they would only be able to present 120% of the Medicare reimbursement rate at the time of trial or 170% of the applicable state Medicaid rate to support the amount of future medical expenses, regardless of what a particular provider would actually charge or accept.   

There were other notable changes introduced by Florida’s New Tort Reform Law that we encourage you to look into related to changes in Plaintiffs' rights in bad faith actions against insurance companies, significant changes in what juries can consider in negligent security cases, and changes in the awarding of attorney's fees and calculations of the same.  

Can You Sue the Government for Negligence in Florida — and What Are the Limits Under State Law?

The short answer is yes, but there are many specific prerequisites that could affect your ability to sue them if not properly followed. Under Florida Statute, there are strict pre-suit notice requirements that must be complied with, and a waiting period of up to 6 months from that pre-suit notice.

Important considerations should be contemplated when deciding to pursue an action for standard negligence and wrongful death in cases against the state entity. Most notably, there are statutory damage caps of $200,000 for a single state entity, or $300,000 for multiple state entities.

This means that even if the jury awards $500,000, for example, in a car accident case where a law enforcement officer was negligent and caused injuries or death to the Plaintiff, the award would be reduced to the statutory amount allowable for that cause of action. For further details, please reference Florida Statute 768.28.   

What Types of Personal Injury Cases Do Florida Lawyers Commonly Handle?

I have handled various types of personal injury claims, including accidents involving vehicles, pedestrians, motorcycles, semi-trucks, commercial vehicles, and ATVs; wrongful death claims; medical malpractice; nursing home negligence; dog bites, and premises liability claims with various types of dangerous conditions on the premises resulting in injury and/or death.  

What Qualities Make a Great Personal Injury Lawyer in Florida?

Compassion, diligence, experience, patience, and availability are what I would say lays the framework for a great personal injury lawyer in Florida. It is important that a personal injury attorney gives realistic expectations about the potential issues that may arise and takes the time to explain the process to their clients.

It is important to be compassionate and understanding of what the client is going through. Even if the case may not be worth millions of dollars, it is still overwhelming and life-altering for their client.

Taking the time to explain things and educate clients on how these cases work and addressing the strengths and weaknesses of each claim will allow the client to confidently make an informed decision on how to proceed, with their lawyer on the front lines diligently fighting to maximize the value of their claim. No client should ever feel that they are just a number; they should feel valued and know that their case is being taken seriously by the attorney they have trusted with their case.

A great personal injury attorney will make themselves available to answer their client’s questions and walk them through the process.   

With 3 convenient locations in Tampa Heights, South Tampa and Brandon, we are ready to meet you where you need.  Give us a call today: 813.225.2695  

www.mytampafirm.com 

When it comes to car insurance and crash recovery, few topics cause more confusion—or carry higher stakes—than Pennsylvania’s tort options, insurance deadlines, and post-accident procedures. To help drivers understand how these laws really work, Lawyer Monthly spoke with Jared M. Teich, Partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. (HGSK), who co-authored these insights with Shareholder Jeffrey Stanton.

Together, they break down some of the most common—and most critical—questions Pennsylvania drivers face after a crash, from choosing the right coverage and handling medical bills to protecting your rights when insurers or government entities are involved.

Below, Teich and Stanton share practical, plain-English answers that every Pennsylvania motorist should know before—and after—a collision.

Jeffrey K Stanton - Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

“Limited Tort or Full Tort—What Should Pennsylvania Drivers Pick and Why?”

When reviewing your auto insurance policy, one of the most important—and often misunderstood—choices you’ll make is whether to select full tort or limited tort coverage. This decision can have a major impact if you or a loved one is ever injured in a crash.

With limited tort coverage, you agree to give up your right to recover for pain and suffering unless you suffer a “serious injury,” such as a permanent disfigurement or a serious impairment of a bodily function. You can still recover economic losses like medical bills or lost wages, but not for the very real physical and emotional harm caused by another driver’s negligence—except in limited circumstances, such as when the at-fault driver was DUI or the vehicle was registered outside Pennsylvania.

Full tort coverage, on the other hand, gives you full protection. It allows you to pursue both economic and non-economic damages, regardless of how severe your injuries may appear.

Importantly, your tort selection generally applies to everyone covered under your policy—including your spouse, children, and other resident relatives—and it also impacts your uninsured/underinsured motorist (UM/UIM) benefits.

While full tort coverage usually costs a bit more, it offers far greater peace of mind and ensures you and your family retain the right to be fully compensated if tragedy strikes.

At HGSK Injury Lawyers, we handle both full and limited tort claims and are here to help our clients understand their rights every step of the way.

“First 72 Hours After a Crash—What Actually Protects My Rights?”

The hours immediately following a car crash are critical. What you do—or don’t do—can make all the difference in protecting your rights.

First, call the police and make sure a report is filed. A formal police report documents how the crash occurred and identifies the at-fault driver, which is essential for any insurance or legal claim.

Next, gather evidence at the scene. Take photos or videos of the vehicles, the surrounding area, skid marks, road conditions, and any visible injuries. If you notice nearby businesses or homes with cameras, make a note—surveillance footage can be invaluable in proving fault.

Seek medical attention immediately, even if you think your injuries are minor. Go to a hospital, urgent care center, or your primary care physician. Early documentation of your injuries connects them to the crash and helps prevent insurance companies from arguing that your pain “came later.”

The sooner you act within those first 72 hours, the stronger your claim will be.

At HGSK Injury Lawyers, we help clients preserve evidence, document injuries, and protect their rights from day one.

“Medical Bills, PIP, and Liens—How Do I Keep This from Ruining My Finances?”

After a crash, medical bills can pile up quickly—but understanding how Pennsylvania’s insurance laws work can help protect your finances.

Every Pennsylvania auto policy includes at least $5,000.00 in first-party medical benefits, commonly called Personal Injury Protection or “PIP.” Once you complete a PIP application, your own auto insurer must pay your medical bills—regardless of who caused the accident. If you don’t have your own policy (for example, as a passenger), the PIP coverage of the vehicle you were in applies.

When PIP coverage is exhausted, your health insurance usually becomes responsible for the remaining medical costs. However, many health insurers seek reimbursement or “subrogation” from your settlement—essentially asking to be repaid for bills they covered.

Importantly, Pennsylvania’s Motor Vehicle Financial Responsibility Law contains an anti-subrogation provision that prevents certain health insurers from asserting a lien against your recovery. Whether a specific insurer has that right—and the scope or amount of the lien—depends on the type of health insurance plan as well as the language of the plan itself, which can be legally complex.

At HGSK Injury Lawyers, we analyze plan language, challenge improper liens, and negotiate reductions so our clients keep as much of their settlement as possible.

Understanding how PIP, health insurance, and liens interact is key to protecting your recovery—and your financial future.

“Uninsured/Underinsured Drivers—How Do UM/UIM and ‘Stacking’ Actually Help Me?”

Uninsured motorist (UM) coverage is vital if you’re injured by a driver who has no insurance or in a hit-and-run crash. In those cases, your own UM coverage may be the only source of recovery for your injuries.

Equally important is underinsured motorist (UIM) coverage, which applies when the at-fault driver’s insurance limits are too low to fully compensate you. In Pennsylvania, the minimum required liability coverage is only $15,000 per person, an amount that rarely comes close to fully compensating an accident victim. If you or a loved one suffers injuries in a car crash, UIM coverage ensures additional protection beyond the other driver’s policy.

Pennsylvania also allows for stacking, a powerful option that increases your UM/UIM protection when you have more than one vehicle or policy. With intra-policy stacking, you multiply the UM/UIM limits on a single policy by the number of vehicles insured under it. For example, if your policy lists three cars with $100,000 of UM/UIM per vehicle, stacking gives you $300,000 in total protection.

You can also have inter-policy stacking, which lets you combine UM/UIM coverage across multiple separate policies—for instance, if you insure different vehicles or household members under different policies.

In short, UM/UIM coverage and stacking provide critical protection when other drivers are uninsured or underinsured.

At HGSK Injury Lawyers, we help clients understand their coverage, identify potential stacking options, and make sure they—and their families—are fully protected before and after a crash.

“Bad Faith vs. Hard Bargaining—How Can I Tell If My Insurer Is Acting Unfairly?”

Insurance companies are supposed to protect you—but too often, profit comes first. They make money by collecting premiums, not by paying claims, and sometimes use delay, denial, or underpayment tactics to protect their bottom line. When this happens, Pennsylvania law gives you powerful tools to fight back.

Under 42 Pa.C.S.A. § 8371, if an insurer acts in bad faith, courts can award punitive damages, interest, attorney’s fees, and court costs. The Pennsylvania Supreme Court’s decision in Rancosky v. Washington National Insurance Co. defines bad faith as when (1) the insurer lacks a reasonable basis to deny benefits, and (2) it knows—or recklessly disregards—that lack of reason.

Bad faith can take many forms: refusing to investigate a claim properly, ignoring evidence favorable to the insured, unreasonably delaying payments, misrepresenting policy terms, or offering unreasonably low settlements. It’s more than just “hard bargaining”—it’s a failure to act honestly, fairly, and in good faith.

At HGSK Injury Lawyers, we have decades of experience holding insurers accountable when they cross the line from tough negotiation into unlawful conduct. Our Insurance Coverage Team has successfully handled complex coverage disputes and recovered bad-faith damages for policyholders across Pennsylvania.

If you believe your insurer is treating you unfairly, contact HGSK Injury Lawyers for a free evaluation. We’ll review your claim, explain your rights, and help you pursue the compensation—and fairness—you deserve.

“Road Hazards and Government Vehicles—Do I Have a Case Against a Public Entity?”

Yes — you may have a case, but claims against government entities are subject to special rules and strict deadlines.

In Pennsylvania, if your injury was caused by a government vehicle or a roadway defect, you must give the public entity written notice of your claim within six months of the accident. Failing to do so can bar your claim entirely, even if it’s otherwise valid.

Government agencies are generally protected from lawsuits under the Sovereign Immunity Act (for state entities) or the Political Subdivision Tort Claims Act (for local entities). However, there are several important exceptions that allow injured people to pursue compensation. These include cases involving the operation of government vehicles, dangerous road or sidewalk conditions, or negligent maintenance of traffic controls, among others.

These claims can be complex—public entities have unique defenses, shorter time limits, and caps on damages. That’s why it’s critical to consult an experienced attorney as soon as possible.

At HGSK Injury Lawyers, we understand the nuances of government liability and will carefully evaluate whether your case meets one of the legal exceptions. We’ll help ensure all notices are filed on time and fight to hold the responsible entity accountable.

“Will I Still Have a Case If I’m Partly at Fault?”

Yes — in many cases, you still can. Pennsylvania follows a rule called comparative negligence, which means you can recover compensation for your injuries as long as you are not more than 50% at fault for the accident.

In practical terms, this means that even if you share some responsibility—say, you were speeding slightly, but the other driver ran a red light—you can still pursue a claim. However, your total recovery will be reduced by your percentage of fault. For example, if a jury finds you 20% responsible and awards $100,000 in damages, your recovery would be $80,000.

Insurance companies often try to exaggerate a claimant’s share of fault to reduce payouts, so it’s important to have experienced legal counsel protecting your interests.

At HGSK Injury Lawyers, we know how to investigate accidents, gather evidence, and push back against unfair blame-shifting tactics. Even if you think you may be partly at fault, don’t assume you have no case—you may still be entitled to significant compensation.

Jared Teich - Partner at Haggerty, Goldberg, Schleifer & Kupersmith, P.C.

“Deadlines, Fees, and Timelines—What Should I Realistically Expect?”

In Pennsylvania, the law gives you two years from the date of an automobile accident to either settle your claim or file a lawsuit. This is called the statute of limitations, and missing that deadline can bar your right to recover entirely.

The overall timeline of your case often depends on the length and nature of your medical treatment. The attorneys at HGSK Injury Lawyers don’t rush to settle while you’re still healing—we want to be sure every injury, medical bill, and future treatment need is fully documented and included in your claim.

If your case does not resolve within two years, our firm will file a lawsuit to preserve your rights. Once in litigation, cases can sometimes take additional time depending on the court’s schedule, discovery, and the insurance company’s willingness to negotiate. Throughout this process, HGSK’s attorneys work tirelessly to keep your case moving forward and to maximize your recovery.

As for fees, HGSK Injury Lawyers works on a contingency-fee basis—meaning you pay nothing unless we recover money for you. Our fee comes as a percentage of the settlement or verdict, so our success is directly tied to yours.

From start to finish, our goal is simple: to handle the legal burden so you can focus on healing.

About the Attorneys

Jeffrey K. Stanton, Esq.

Attorney Jeff Stanton provides valuable knowledge and guidance to individuals injured by the negligence and carelessness of others. As an experienced personal injury litigator, Mr. Stanton is adept at handling all aspects of a personal injury claim—from the initial investigation through trial. His hands-on approach is aimed at delivering real results for clients.

As a partner in the firm and a member of HGSK’s Insurance Coverage Team, Mr. Stanton’s practice involves personal injury litigation, complex insurance coverage disputes, uninsured/underinsured motorist claims, bad faith litigation, and appellate cases. He has been recognized as a Pennsylvania Super Lawyer, Rising Star, an honor bestowed on no more than 2.5% of lawyers in Pennsylvania.

Prior to joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Stanton served as an attorney for the Governor’s Office of General Counsel, representing and advising the Pennsylvania Department of Transportation. He also clerked for the Honorable Chad F. Kenney in the Delaware County Court of Common Pleas.

While completing his J.D. at Drexel University (cum laude, 2011), Mr. Stanton served as an Executive Member of the Moot Court Board and Teaching Assistant in the Trial Advocacy Program. He earned the Cozen O’Connor Best Moot Court Competition Brief Award and the Highest Classroom Achievement Award in Pennsylvania Practice. He holds a B.A. in Psychology (2007) from Pennsylvania State University, where he was a member of Psi Chi, the National Honor Society in Psychology.

Mr. Stanton is licensed to practice in Pennsylvania and New Jersey. He serves on the Board of Governors of the Pennsylvania Association for Justice, is a Member of the Philadelphia Trial Lawyers Association, and formerly sat on the Editorial Board of Young Lawyer, a supplement to The Legal Intelligencer (2013–2020).

Jared M. Teich, Esq.

Attorney Jared Teich is an experienced trial lawyer who represents individuals injured in motor vehicle accidents, premises liability, and medical malpractice cases throughout Pennsylvania and New Jersey.

Before joining Haggerty, Goldberg, Schleifer & Kupersmith, P.C., Mr. Teich spent six years defending physicians, nurses, hospitals, and health systems in medical malpractice claims. He now uses that experience to benefit injured plaintiffs, providing strategic insight and an insider’s understanding of how the defense operates.

Attorney Teich is known for his attention to detail and his commitment to guiding clients through every step of the litigation process toward a successful outcome.