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Over$800M+Recovered

Founding partners Charles Gilman and Briggs Bedigian

Philadelphia Personal Injury Lawyers

Experienced legal representation in Philadelphia, PA

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Reviewed by Attorney Charles Gilman

Published: 2 Oct 2026 • 28 min read

If someone else's carelessness caused a life-changing injury in Philadelphia, Pennsylvania law generally lets you seek money for medical care, lost earning power and pain. Your recovery is reduced by your own share of fault, and it is barred if your share is greater than the defendants' combined share.

What to do now:

  1. Save every record. Keep bills, photos, insurer letters and witness names.
  2. Skip the recorded statement. You usually don't have to give one to the at-fault party's insurer.
  3. Calendar your deadline. Most Pennsylvania injury lawsuits must be filed within 2 years of the injury.

Briggs Bedigian, our co-founding partner, won the largest medical malpractice verdict in Pennsylvania history: $182 million for a catastrophically injured child (Hagans v. Hospital of the University of Pennsylvania).

Call (800) 529-6162. We answer our phone 24/7.

Key Takeaways

  • Most Pennsylvania personal injury lawsuits must be filed within 2 years of the injury under 42 Pa. C.S. § 5524. Wrongful death claims generally run 2 years from the date of death. A survival claim usually keeps the injured person's own 2-year deadline, which runs from the injury.
  • Pennsylvania uses modified comparative negligence (42 Pa. C.S. § 7102). You can recover if your fault is not greater than the defendants' combined fault, but your award shrinks by your percentage.
  • Under Pennsylvania's Fair Share Act, each defendant generally pays only its own share. A defendant found 60% or more at fault, or one who committed an intentional tort, can be made to pay the full award.
  • Pennsylvania's minimum auto liability coverage is $15,000 per person, $30,000 per accident and $5,000 for property damage (75 Pa. C.S. § 1786). Catastrophic care costs often run far beyond these limits.
  • We take all personal injury cases on a contingency fee basis. No fee unless we win.

Statute of Limitations: What Waiting Costs After a Serious Philadelphia Injury

A catastrophic injury claim is not about a few weeks of missed work. It decides who pays for decades of care, how a family replaces lost income, and whether a home can be rebuilt around a wheelchair or a ventilator. For many of the families we meet, the case decides whether they can stay financially afloat.

That is why timing matters so much. In Pennsylvania, most personal injury lawsuits must be filed within 2 years of the injury under 42 Pa. C.S. § 5524, and a missed deadline can end the claim no matter how strong the evidence is. A few narrow exceptions may change the date, so confirm it with a lawyer instead of assuming one applies to you.

Pennsylvania's two-year filing deadline, explained

A statute of limitations is the legal deadline to file a lawsuit in court. Under Pennsylvania law, filing an insurance claim or talking with an adjuster does not stop that clock. Only a properly filed lawsuit, or a signed agreement that legally extends the time, protects the claim.

Two years can sound like plenty. In a catastrophic case, though, the first months often go to surgery, rehabilitation and simply surviving. Families who wait until they "feel ready" sometimes find they have only weeks left to investigate a case that needs months of work.

If the deadline has already passed, the options become very limited. We explain that situation in more detail in our article on whether a Philadelphia personal injury case can be reopened after the statute of limitations has run.

Pennsylvania's two-year filing deadline, explained
Claim TypeGeneral DeadlinePennsylvania AuthorityKey Note
Personal injury2 years from the injury42 Pa. C.S. § 5524Insurance negotiations do not pause the deadline
Wrongful death2 years from the date of death42 Pa. C.S. § 5524(2); 42 Pa. C.S. § 8301Accrues at death (Dubose v. Quinlan, 173 A.3d 634 (Pa. 2017))
Survival action2 years from the injury (the injured person's own deadline)42 Pa. C.S. § 5524(2); 42 Pa. C.S. § 8302Carries the deceased person's own claim
Death from medical malpractice2 years from the date of death40 P.S. § 1303.513(d)More time only if the cause of death was misrepresented or concealed

Evidence that disappears while you recover

Deadlines are not the only clock running. Evidence starts fading the day of the injury.

  • Video: Store, building and traffic cameras are often recorded over.
  • Vehicles and equipment: Cars get repaired or sold for salvage. Defective machines get fixed or thrown away.
  • Electronic data: Vehicle event recorders, truck logs and phone records can be lost without a preservation request.
  • Witnesses: People move, change numbers and forget details.

Spoliation means the destruction or loss of evidence that should have been preserved for a legal claim. A quick letter demanding that a company keep its evidence can help prevent that problem before it starts.

When children, public agencies or several companies are involved

Some catastrophic cases have extra layers. Claims involving a child, a city agency, SEPTA, a public hospital or a government vehicle may carry different procedures or notice requirements. Cases with several possible defendants, such as a trucking company, a property owner and an equipment maker, take longer to investigate.

None of these issues should be guessed at. When you call, ask us to identify every deadline that may apply to your situation.

How We Build a Catastrophic Injury Case From the First Call

Catastrophic cases are won or lost on preparation. Our approach is to prepare every serious injury case as if it will be tried before a Philadelphia jury, because insurers value claims based on what they believe will happen at trial. Many cases still settle. Trial readiness is what gives a settlement discussion its weight.

That philosophy comes straight from Briggs Bedigian, who prepares every case for trial. He won the firm's $182 million verdict against the University of Pennsylvania, and he is a member of The Inner Circle of Advocates.

Here is the sequence we follow:

  1. Listen and gather records. We learn what happened and collect medical records, bills, photos and insurance papers.
  2. Preserve evidence. We send preservation demands to the companies and owners involved.
  3. Investigate liability. We identify every party whose conduct contributed to the injury.
  4. Document the full loss. We work with treating doctors and outside experts to measure future care and lost earning power.
  5. Negotiate from a trial-ready position. We present the claim with the evidence a jury would see.
  6. File and try the case when needed. If a fair resolution isn't offered, we take the case to court.

The first conversations and records

The first job is understanding your life before and after the injury. We ask about your work, your family, your daily routines and the help you now need. Those details shape the damages case later.

You don't need perfect paperwork. Bring what you have, and we will request the rest from hospitals, insurers and employers.

Investigating who is responsible

Catastrophic injuries rarely have a single cause. A truck crash can involve a driver, a carrier, a broker and a maintenance shop. A fall at a construction site can involve a general contractor, a subcontractor and the property owner.

We review police reports, inspection records and electronic data. Our articles on how police and accident reports are used in Philadelphia injury cases and on using vehicle "black box" data in a personal injury case explain two common sources of proof.

Some of our attorneys previously worked at defense firms or represented hospitals and insurers. That background gives our team a working understanding of how the other side builds, assesses and values a case.

Measuring a lifetime of losses with experts

Expert testimony often decides the value of a catastrophic case. Physicians explain the injury. Life-care planners map out future needs. Economists translate those needs and lost earnings into present-day dollars.

Co-founder Charles Gilman has given lectures to fellow lawyers, at the request of his peers, on the use of expert witnesses at trial. We bring that same attention to how experts are chosen, prepared and presented.

Preparing the case, and you, for trial

Trial preparation includes depositions, expert reports and jury-focused presentations. It also includes preparing you. Testifying can feel intimidating, so we walk clients through what to expect. Our guide to preparing for testimony in a personal injury case gives a preview.

Want to know how this process would apply to your injury? Call (800) 529-6162 to talk it through with our Philadelphia team.

What Counts as a Catastrophic Injury? Brain, Spine, Burns and More

Pennsylvania law does not have a single statutory definition of "catastrophic injury." Lawyers and doctors generally use the term for injuries that permanently change a person's ability to work, care for themselves, or live independently. The label matters because these cases require different evidence than a typical injury claim.

Here are the categories we see most often in serious Philadelphia injury cases.

Traumatic brain injury

A traumatic brain injury (TBI) is damage to the brain caused by a blow, jolt or penetrating wound to the head. TBIs range from concussions to severe injuries that leave a person unable to speak, walk or live alone. The CDC injury data resources describe TBI as a major cause of injury-related disability.

Brain injuries are hard to prove because many don't show up on a standard CT scan. Memory loss, mood changes and trouble concentrating can be dismissed as stress. Neuropsychological testing, family observations and treating specialists often fill in that gap.

As a Philadelphia brain injury lawyer team, we look at how the injury affects the whole person: work, relationships, safety and independence. That picture is what a jury needs to see.

Spinal cord injury

A spinal cord injury occurs when trauma damages the nerves running through the spine. An injury is called complete when there is no function below the injury level and incomplete when some function remains. Either can cause paralysis, chronic pain, and problems with breathing, bladder and bowel control.

The costs reach far beyond the hospital. Families may need wheelchair-accessible housing, an adapted vehicle, home nursing and lifelong therapy. Many people injured in the region spend time at rehabilitation centers such as Magee Rehabilitation in Center City.

A strong claim documents each of those future needs, not just the bills already paid.

Burn injury

Burn injury cases come from apartment and house fires, electrical accidents, chemical exposure, vehicle fires and defective products. Severe burns may require repeated skin grafts, reconstructive surgery and long-term scar management. Disfigurement and emotional trauma are often as serious as the physical pain.

Fire cases also raise questions about building codes, smoke detectors, exits and maintenance. In a documented apartment fire case, our firm won a $71,392,150 verdict (Godlove Djapa v. Lilly Garden Apartment Complex, Maryland). That result does not predict any future case, but it reflects our willingness to try fire cases.

Amputation injury

An amputation injury may happen at the scene, such as a crush injury from machinery, or later in surgery to save a patient's life. Common causes include industrial machines without proper guards, forklifts, construction equipment and severe vehicle crashes.

A single prosthetic limb has to be replaced over a lifetime and adjusted as the body changes. Workplace amputations can also involve federal safety rules enforced by OSHA, and safety violations can be important evidence.

Workplace injuries can also raise workers' compensation issues. A claim against a third party, such as an equipment maker or another contractor, may be possible alongside it.

Boating and maritime accidents on the Delaware River

Philadelphia is a working port city. The Delaware River, the Schuylkill and the marine terminals along the waterfront see commercial shipping, recreational boats and dock work every day. A boating & maritime accident can involve propeller injuries, falls on vessels, drowning and crush injuries.

Injuries on navigable waters may be governed by federal maritime law, which can carry different rules and deadlines than Pennsylvania's two-year rule. If you were hurt on or near the water, raise that issue early.

How Does Pennsylvania's Fault Rule Affect Your Injury Claim?

Every injury claim starts with negligence: the legal idea that someone failed to use reasonable care. To prove it, you generally must show a duty of care, a breach of that duty, that the breach caused the injury, and damages.

Then comes the fault question. Under 42 Pa. C.S. § 7102, Pennsylvania follows modified comparative negligence: you can recover only if your negligence is not greater than the defendants' combined negligence, and your damages are reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.

What modified comparative negligence means in plain terms

Modified comparative negligence means a jury assigns a percentage of fault to everyone involved. Your award is cut by your share. If your share is higher than the defendants' combined share, the claim is barred.

But there's a catch.

Insurance adjusters know how this rule works. They often argue that the injured person was speeding, distracted or not watching where they walked. A few percentage points can mean a large difference in a catastrophic case.

How the Fair Share Act decides who pays

Pennsylvania's Fair Share Act, part of § 7102, changed how multiple defendants split an award. Joint and several liability means any one defendant can be required to pay the entire judgment and then seek repayment from the others. In Pennsylvania, that now applies mainly to a defendant 60% or more at fault, plus a few narrow exceptions such as intentional torts. Otherwise, each defendant generally pays only its own share.

The table below shows how the rule works. These are hypothetical numbers for illustration only, based on $1,000,000 in total damages.

How the Fair Share Act decides who pays
Hypothetical Fault SplitCan You Recover?Your AwardWho Pays
You 0%, Defendant A 100%Yes$1,000,000Defendant A pays the full award
You 20%, A 70%, B 10%Yes$800,000A is 60%+ at fault, so A can be required to pay the full $800,000
You 20%, A 40%, B 40%Yes$800,000A and B each pay only their own $400,000 share
You 50%, A 50%Yes$500,000Your fault is not greater than A's, so you recover half
You 51%, A 49%No$0Your fault is greater than the defendants' combined fault

Why identifying every defendant matters

Here's why that matters for you. Because most defendants now pay only their own share, leaving a responsible party out of the case can leave part of your damages uncollected. That's one reason serious injury cases often name several defendants. We explain the reasoning in why so many defendants are named in personal injury cases.

Key insight: In a catastrophic case, the fault fight and the "who can pay" question are linked. A thorough investigation into every contributing party protects both your percentage and your ability to collect.

What Damages Can a Seriously Injured Person Recover in Pennsylvania?

Damages are the money a court can award to make up for an injury. In a Pennsylvania personal injury case, a seriously injured person can generally seek both economic damages, such as medical costs and lost earnings, and non-economic damages, such as pain and loss of enjoyment of life. Claims against government entities may involve special rules, so confirm those early.

Economic damages are losses with a dollar figure attached, like bills and paychecks. Non-economic damages are real but harder to price, like pain, fear and the loss of activities you love.

What Damages Can a Seriously Injured Person Recover in Pennsylvania?
Damage CategoryWhat It CoversEvidence Commonly Used
Past medical expensesAmbulance, trauma care, surgery, rehab already receivedItemized bills and medical records
Future medical and care costsSurgeries, therapy, equipment, home nursing, medicationsLife-care plan and treating physician testimony
Lost wagesIncome lost from the injury date through trialPay stubs, tax returns, employer records
Lost earning capacityReduced ability to earn money over a working lifeVocational expert and economist analysis
Pain and sufferingPhysical pain, emotional distress, anxietyTestimony from you, family and treating providers
Disfigurement and loss of life's pleasuresScarring, amputation, inability to enjoy normal activitiesPhotos, video, testimony about life before and after
Loss of consortiumA spouse's loss of companionship and supportSpouse and family testimony

Life-care plans and future needs

A life-care plan is a detailed report, usually prepared by a nurse or rehabilitation specialist, that lists every medical service, device and support a person will likely need for the rest of their life, with costs. It is often the backbone of the damages case.

A good plan considers replacement schedules for wheelchairs and prosthetics, home modifications, therapy and attendant care. It is tied to the opinions of treating doctors so it holds up under cross-examination.

Lost earning capacity versus lost wages

Lost wages cover paychecks you have already missed. Lost earning capacity is different: it measures the reduction in what you could have earned over your working life. It applies even to young people, students and those between jobs.

For a young worker with a permanent brain or spinal injury, lost earning capacity can be one of the largest parts of the claim. Vocational experts and economists help explain it to a jury.

Why the true cost is often underestimated

Most people miss this part. The bills in the first year are only the start. Aging with a spinal cord injury, a brain injury or an amputation can bring new complications years later. Damages must account for those risks now, because a Pennsylvania injury case generally resolves once, with no chance to come back for more.

How Do Insurers Approach Catastrophic Claims in Pennsylvania?

Insurance companies have adjusters, defense lawyers and claims software focused on limiting payouts. In Pennsylvania, required auto liability coverage is only $15,000 per person and $30,000 per accident under 75 Pa. C.S. § 1786, so a catastrophic claim often depends on finding every available policy. Knowing how insurers operate helps you avoid common traps.

Minimum coverage compared with catastrophic costs

Policy limits are the maximum amount an insurance policy will pay for a claim. A driver carrying only Pennsylvania's minimum coverage may have $15,000 available for your injuries. That doesn't come close to a lifetime of spinal cord care.

Other sources may exist. These can include an employer's commercial policy, umbrella coverage, a property owner's liability policy, a product maker, or your own uninsured and underinsured motorist coverage if you carry it. Bring your auto policy's declarations page so we can review it.

Commercial trucks often carry higher coverage and follow federal safety rules from the FMCSA. For example, FMCSA Hours of Service rules limit truck drivers to 11 hours of driving after 10 consecutive hours off duty (FMCSA, 2024). Driver logs can show whether those limits were followed.

Crashes remain a leading cause of catastrophic injury nationwide. According to NHTSA crash data, 40,990 people died in motor vehicle crashes in the United States (NHTSA, 2023). Many more survived with permanent injuries.

Recorded statements and early phone calls

Adjusters often call soon after a serious injury, sometimes while the person is still in the hospital. They may ask for a recorded statement. You are usually not required to give one to the other side's insurer.

Statements given while medicated, in pain or before the full diagnosis is known can be used to dispute the claim later. It is reasonable to say you will have a lawyer contact them.

Liens and reimbursement from your recovery

A lien is a legal right to be repaid out of your settlement or verdict. Health insurers, Medicare, Medicaid and some benefit plans may claim reimbursement for the injury-related care they paid for.

Liens should be identified and addressed before a settlement is finalized. In catastrophic cases, they can be large, and they directly affect how much money reaches you and your family.

Releases and first settlement offers

Once you sign a release, the claim is usually over for good. That includes future complications you didn't know about when you signed. Read more in our article on whether you should sign a release in your Philadelphia personal injury case.

A first offer is not automatically too low. But you can't judge any offer until you know the full medical picture, the available insurance and the liens.

Proven Results: What Has Our Firm Recovered for Seriously Injured Clients?

Searchers often ask about the "average settlement" for a serious injury in Philadelphia. There is no reliable average for catastrophic injury cases, because value depends on the injury, the evidence of fault, the available insurance, and the person's age and earning history. Anyone quoting a typical figure before reviewing your records is guessing.

What we can share is our verified record. Our firm has recovered over $800 million for clients. Here are documented verdicts from our case results.

Proven Results: What Has Our Firm Recovered for Seriously Injured Clients?
ResultCaseCase TypeVenue
$182 million verdictHagans v. Hospital of the University of PennsylvaniaBirth injury; largest medical malpractice verdict in Pennsylvania historyPennsylvania
$108,577,132 verdictBirth injury case against Jefferson Health and Einstein PediatricsBirth injuryPhiladelphia County
$71,392,150 verdictGodlove Djapa v. Lilly Garden Apartment ComplexApartment fireMaryland
$55 million verdictMartinez v. Johns Hopkins HospitalBirth injury; second-largest medical malpractice verdict in Maryland historyMaryland

What these verdicts do and don't show

Several of these results are medical malpractice and birth injury cases, the core of our Pennsylvania birth injury practice. They aren't car crash or fall cases. They do show a firm that tries catastrophic cases against large, well-defended institutions in front of juries, including in Philadelphia County.

The legal standards differ between practice areas. Our article on personal injury vs. medical malpractice explains how.

Past results do not guarantee or predict the outcome of any future case. Every claim turns on its own facts.

Filing in the Philadelphia Court of Common Pleas: Why Local Experience Matters

Most serious injury lawsuits arising in the city are filed in the Philadelphia Court of Common Pleas, part of Pennsylvania's First Judicial District. Where a case is filed depends on venue rules, including where the injury happened and where the defendants are located or do business, so a Philadelphia injury is not always tried in Philadelphia. Your case notice and court filings will identify the assigned courtroom and program.

Where Philadelphia injury cases are heard

Many civil proceedings of the Court of Common Pleas take place in City Hall at Broad and Market Streets. Our Philadelphia office at 1515 Market Street is a short walk away.

Cases connected to Conshohocken and the surrounding suburbs may instead be filed in the Montgomery County Court of Common Pleas in Norristown. Some cases belong in federal court, the U.S. District Court for the Eastern District of Pennsylvania at the James A. Byrne U.S. Courthouse on Market Street. Each court has its own procedures and scheduling.

Briggs Bedigian serves on the Board of Governors of the Philadelphia Trial Lawyers Association, and our Philadelphia County verdicts reflect years of work in this courthouse community.

How a case moves through the court

A typical Pennsylvania personal injury lawsuit follows these stages:

  1. Complaint. The lawsuit is filed and served on each defendant.
  2. Answers and preliminary motions. Defendants respond and may challenge parts of the claim.
  3. Discovery. Both sides exchange documents, records and written questions.
  4. Depositions. Witnesses, parties and experts give sworn testimony before trial.
  5. Expert reports. Each side discloses the opinions its experts will offer.
  6. Settlement efforts. Mediation or settlement conferences may take place.
  7. Trial. If the case doesn't resolve, a jury or judge decides fault and damages.

How long this takes depends on the court's schedule, the number of parties, how disputed the medical issues are, and whether the injured person has reached a stable point in recovery. Our article on how long a personal injury lawsuit takes covers the factors that affect timing.

Hospitals, highways and waterways that shape these claims

Catastrophic injuries in Philadelphia are often treated at major hospitals such as Penn Presbyterian Medical Center, Temple University Hospital and Thomas Jefferson University Hospital. Injured children are frequently treated at Children's Hospital of Philadelphia. These records become central evidence.

Serious crashes happen on I-95, the Schuylkill Expressway (I-76), Roosevelt Boulevard, the Vine Street Expressway and the Pennsylvania Turnpike. Near Conshohocken, I-476 carries heavy commuter traffic. You can read about common injuries from Philadelphia auto accidents for more on crash-related harm.

Other serious cases come from hazardous property conditions. Slip and fall & premises liability claims involving stores, apartment buildings and public venues follow their own rules about notice of the hazard.

How Much Does a Catastrophic Injury Lawyer in Philadelphia Cost?

Cost is one of the first worries families raise, and it's a fair one. We take all personal injury cases on a contingency fee basis, which means our attorney's fee comes from a recovery, and you owe no fee unless we win. You don't pay hourly bills while the case is pending.

How the contingency fee works

A contingency fee is an attorney's fee that is paid as a percentage of the money recovered in the case. If there is no recovery, there is no attorney's fee. This arrangement lets families pursue serious claims without paying a lawyer out of pocket.

Fees versus case expenses

Attorney fees and case expenses are different things. Catastrophic cases involve costs such as expert reports, medical record fees, depositions and court filing fees. Ask us how expenses are handled in your case before you sign anything, and we'll walk you through the written agreement.

You can read more on our fees page.

Paying bills while your case is pending

Medical bills and lost income don't wait for a verdict. Health insurance, your own auto policy benefits if applicable, and disability benefits may help in the meantime. Some people look at pre-settlement funding. Read understanding personal injury lawsuit loans before agreeing to one, because the terms can be costly.

Questions about fees or expenses? Call (800) 529-6162 and ask us to explain exactly how it would work for your case.

What Happens If a Serious Injury Leads to a Death in Pennsylvania?

Losing someone after a catastrophic injury is devastating. Money cannot repair that loss. A legal claim can, however, hold the responsible party accountable and protect the family's financial future.

In Pennsylvania, a wrongful death action generally must be filed within 2 years of the death under 42 Pa. C.S. § 5524(2). A survival action usually keeps the injured person's own deadline, 2 years from the injury. In medical malpractice cases, both claims run 2 years from the death (Dubose v. Quinlan, 173 A.3d 634 (Pa. 2017)), and more time is allowed only if the cause of death was misrepresented or concealed (40 P.S. § 1303.513(d)).

Wrongful death and survival actions

Pennsylvania recognizes two related claims. A wrongful death action (42 Pa. C.S. § 8301) compensates certain family members for their own losses. A survival action (42 Pa. C.S. § 8302) carries forward the claim the injured person could have brought if they had lived.

Wrongful death recovery goes to the spouse, children or parents. It is shared as under Pennsylvania's intestacy rules and is free of the estate's creditors. It includes medical, funeral and estate administration expenses.

Who brings the claim

The personal representative of the estate files the claim. If the personal representative has not filed a wrongful death action within six months of the death, any person entitled to recover may file it as trustee ad litem on behalf of all beneficiaries (Pa.R.C.P. 2202(b)).

Families facing these decisions often need help with the estate as well as the lawsuit. A Philadelphia wrongful death claim can be handled alongside the survival claim in a single case.

What to Expect When You Contact Our Philadelphia Office

Choosing a lawyer after a catastrophic injury is a big decision. You should know what happens when you reach out. We answer our phone 24/7, and we take all personal injury cases on a contingency fee basis. Those are commitments we can make plainly.

Gilman & Bedigian was co-founded by Charles Gilman and H. Briggs Bedigian in October of 2012. Our Philadelphia office is at 1515 Market Street, Suite 1200, in Center City. Learn more about our firm.

Who you'll be working with

Briggs Bedigian leads our catastrophic injury work. His recognition includes:

  • Membership in The Inner Circle of Advocates (inducted 2015)
  • Lawdragon 500 Leading Plaintiff Lawyers (2024)
  • Trial Lawyer of the Year, Maryland Trial Lawyers Association (2013)
  • Board of Governors, Philadelphia Trial Lawyers Association
  • Membership in the Pennsylvania Association for Justice and the American Association for Justice

He is admitted to practice in Pennsylvania, Maryland and the District of Columbia. Our attorneys have been featured in The Legal Intelligencer and The Wall Street Journal, among other outlets.

What to bring to your first conversation

You don't need everything. These items help us start:

  1. Any police, incident or accident report
  2. Hospital discharge papers and a list of your doctors
  3. Photos or video of the scene, your injuries or the vehicle
  4. Names and phone numbers of witnesses
  5. Letters or emails from any insurance company
  6. Your auto insurance declarations page and health insurance card
  7. Pay stubs or tax returns showing your income before the injury

What we'll discuss with you

We'll ask what happened, review your deadlines, and explain how Pennsylvania's fault rule could affect your claim. We'll also explain our fee agreement and how case expenses are handled. You decide whether to move forward.

The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.

Talk with a Philadelphia catastrophic injury lawyer

Most Pennsylvania injury claims must be filed within 2 years, and evidence like video and vehicle data can be lost much sooner. If you or someone you love has suffered a brain injury, spinal cord injury, burn injury, amputation injury or another life-changing harm in Philadelphia, Conshohocken or Montgomery County, call Gilman & Bedigian at (800) 529-6162. We answer 24/7, and no fee is owed unless we win.

Frequently Asked Questions

Do I have a catastrophic injury case?

You may have a case under Pennsylvania law if someone else's negligence caused a serious injury and you were not more at fault than the defendants combined (42 Pa. C.S. § 7102). The key questions are who was responsible, how severe and permanent the injury is, and whether there is insurance or another source to pay. A lawyer can answer those questions after reviewing your records and the facts of the incident.

How long do I have to file a catastrophic injury lawsuit in Pennsylvania?

Most Pennsylvania personal injury lawsuits must be filed within 2 years of the injury under 42 Pa. C.S. § 5524. Wrongful death claims generally must be filed within 2 years of the death, and a survival claim usually within 2 years of the injury. A few narrow exceptions may change the date, and injuries on navigable waters may fall under federal maritime law with different rules, so confirm your exact deadline early.

How much does it cost to hire you for a serious injury case?

We take all personal injury cases on a contingency fee basis, so you pay no attorney's fee unless we win. Our fee comes from the recovery instead of hourly bills. Case expenses, such as expert and filing costs, are separate from attorney fees, so ask us to explain how they are handled before you sign an agreement.

What is my catastrophic injury case worth?

No honest lawyer can give you a number before reviewing your case. Value in Pennsylvania depends on the severity and permanence of the injury, future care costs, lost earning capacity, your share of fault under 42 Pa. C.S. § 7102, and the insurance available. A life-care plan and economic analysis are often needed to measure the full loss.

Should I accept the insurance company's first offer?

Not before you understand your full medical picture, all available insurance, and any liens on your recovery. Once you sign a release in Pennsylvania, the claim is usually over for good, including complications that appear later. Having a lawyer review the offer helps you understand what you would be giving up.

What if I was partly at fault for my injury?

Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102. You can still recover if your fault is not greater than the defendants' combined fault, but your award is reduced by your percentage. If you are found 51% or more at fault, you recover nothing, which is why insurers often try to shift blame.

How long does a catastrophic injury case take to settle?

There is no standard timeline. Timing depends on how long it takes to understand your long-term medical prognosis, the number of defendants, how disputed fault is, and the court's schedule. Settling before your future needs are clear can leave you without money for care you will need later.

Do I need a lawyer for a catastrophic injury claim?

You are not legally required to have one, but catastrophic claims involve expert testimony, multiple insurers, liens, and Pennsylvania's Fair Share Act rules on which defendants pay. Insurers have trained adjusters and defense lawyers working on their side. An attorney can investigate, preserve evidence and value future losses while you focus on recovery.

What if the person who hurt me has little or no insurance?

Pennsylvania's minimum auto liability coverage is only $15,000 per person under 75 Pa. C.S. § 1786, which rarely covers a catastrophic injury. Other sources may include an employer's policy, umbrella coverage, a property owner, a product manufacturer, or your own uninsured and underinsured motorist coverage if you carry it. Identifying every responsible party is an important early step.

Will my case go to trial?

Many personal injury cases settle, but some go to trial when the parties cannot agree on fault or value. We prepare every case as if it will be tried, because that preparation affects how insurers value a claim. Our article on what might cause a Philadelphia personal injury case to go to trial explains common reasons.

How do I pay for medical treatment while my case is pending?

Health insurance, your own auto policy's medical benefits if applicable, and disability benefits may help cover costs while the case moves forward. Some of those payers may later claim reimbursement through a lien on your recovery. Pre-settlement loans exist, but their terms can be expensive, so review them carefully before agreeing.

Does my immigration status affect my injury claim?

Injured people can raise concerns about status, and it is a common question. The issues involved are explained in our article on whether immigration status affects your personal injury case. Bring up any concern in your first conversation so it can be addressed directly.

Can a family member file if the injured person died?

Yes. In Pennsylvania, the personal representative of the estate files wrongful death and survival actions (42 Pa. C.S. §§ 8301, 8302). If no wrongful death action is filed within six months of the death, any person entitled to recover may file it as trustee ad litem under Pa.R.C.P. 2202(b). A wrongful death claim generally must be filed within 2 years of the death; a survival claim usually keeps the injured person's 2-year deadline from the injury.