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A Misconception About Limited Tort Cases: What is the meaning of serious or permanent injury?

Our firm recently obtained a six-figure settlement for a limited tort case, in which a woman was injured as a result of a car accident. The firm’s philosophy is not always to accept limited tort cases because it is very difficult to say at the initial interview whether the individual’s injury will overcome the presumption of the limited tort. The injured individual should not be afraid to call us or any other lawyers, as the initial consultation is free and our firm is representing the client on a contingent fee basis. Meaning that there will never be a charge to the client unless we achieve the recovery and receive money for the client.

 
Our firm will do everything possible to make sure the client gets the recovery they deserve in a limited tort case. We listen to our clients to represent them diligently. We obtain, at no upfront cost to the client, all the medical bills and reports. We have an extensive discussion with the client on how the accident affected their life and try to develop a comprehensive picture of how the client is suffering as a result of the accident.
It is a big misconception that many people are told that you need to have fractured bones in order to overcome a limited tort presumption. It is simply not true.

 

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In order to overcome a limited tort case, what that statute says you have to have is a serious or permanent injury. There is no definition in that statute of the meaning of serious or permanent. Therefore is it between a client and lawyer to see if a case could be developed into something that should be pursued in court or settled with the insurance company. Or perhaps the lawyer will tell the client where there is no chance of victory. Our firm has a weekly meeting where we have that discussion amongst our selves as to the viability of the clients case. If we decide to take the case to trial, our firm is usually successful in securing a win for our client. Of course there is no guarantees and any past results are not a reflection of what could happen in the future. But I encourage everyone who has a car accident to call us whether they have a limited tort or full tort.

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Recent Settlements

Practice Area

Product Liability: Child Burn

Injury Type

Burn Injuries

Result

$48 Million

Practice Area

Motorcycle Accident

Injury Type

Catastrophic Injuries

Result

$30 Million

Practice Area

Female: Medial Malpractice

Injury Type

Brain Injury

Result

$15 Million

Practice Area

Minor Child: Struck By Truck

Injury Type

Traumatic Brain Injury

Result

$10 Million

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Why Choose Philly Lawyers

A Team Dedicated To Getting You Results
Our team is made of many experienced attorneys specializing in a variety of different practice areas. Whatever you need help – the Philly Lawyers team is here to help!
We Speak Your Language
We are able to assist you with your legal needs and speak to you in your native language. Our staff of attorneys are fluent in many languages including: Russian, Spanish, French, Romanian, Italian, Yugoslavian, Hebrew, Ukrainian, Uzbek, Polish, Georgian, and Armenian.
Locally Recognized
We’ve won numerous awards and have contributed to numerous publications in the last 33 years.
Top Verdicts & Settlements
We won some of the top verdicts and settlements in Greater Philadelphia. Some including $3.5 million for a car accident, $10 million for a hit and run, and $30 million for a motorcycle accident.
No Fee Unless You Win
Our commitment to you is that you don’t pay unless we win, and only then you pay a small percentage of the amount we won for you. Every case begins with an honest assessment to determine your likelihood of success.
No Case Is Too Big Or Small For Us To Handle
Whether you need help because you’ve been injured, been in a car accident, slipped and fell or need any other legal advice, we can help.
On Site Visits
You don’t always have to come to us! If you are injured and recovering in a hospital or at home, our attorneys can visit you!

Real Client Stories

“I was in an automobile accident in Philadelphia and I came to Kats Jamison and Associates.They were able to get me a quick recovery for the property damages to my car. They worked with my doctors to make sure I received the best medical care. All my medical bills were paid through the automobile insurance policies and my lawyers made sure it was all done properly. They explained to me the process of the settlement and litigation and once the offer was received it was communicated to me immediately. I was extremely happy with the result of my case.”
Max
Automobile Accident Injury Client
“I was involved in a serious head on collision October 7th 2018. This resulted in an exceptional loss of business and months spent in Rehab. I went through 3 different attorneys trying to reach a settlement agreement. Then I finally met with Marina Kats two years since the accident. They were absolutely outstanding with the wherewithal u0026amp; power to reach a settlement. Marina Kats u0026amp; Brian Hanratty are outstanding! Not question that they are the go to firm when you need action steps to get everything resolved, and to be kept totally abreast!”
John
Head on Collision Injury Client
“I was involved in a motor vehicle accident and wasn’t able to do a lot and had to stop working. From the start Marina set up an appointment for me to see a neurologist when no one was willing to see me. When I needed help or had questions she and Barb were always there to answer mine and my moms questions, to help fill out paperwork, and to get me the benefits I needed. Everyone there was extremely helpful and nice. They were patient and attentive to all of my needs and looked out for my best interests until the end. I’m glad to have met them and thankful to them.”
Jo
Motor Vehicle Accident Client
“Marina Kats one of the best attorneys i know. She cares about clients, their well being as well as getting the best results in their personal injuries cases. I would recommend Marina Kats and Philly lawyers to anyone who needs assistance in Car accident cases and Personal injuries casesu”
Larisa
Car Accident Injury Client
“The lawyers at this firm are caring individuals that can help you with your car accidents, get you great settlements, and treats you with great respect. For personal injury and business matters, I have known them from personal experience from a car accident in Philadelphia, they work fast and I am a very satisfied client.”
Melody
Motor Vehicle Accident Client
“Only at Marina Kats office! Where else can you find so much passion for the job, compassion for clients, and knowledge of the law? My answer is – Marina Kats and the people at her office. This office work ethic and abilities are very high. They have great communication skills. They are willing to listen and to hear you. They really want to help. Always available for clients, no matter when and why. Marina Kats and her people are always ready to help. Also, they get good results for clients. I strongly recommend Marina Kats office. You will not be sorry :) Marina and her people got everything resolved in an excellent timely manner.”
Yelena
Car Accident Injury Client
“Help with car accidents, bike accidents, and settlements. High recommendation, also great for Russian-speaking client – great lawyer!”
Billy
Car and Bike Accident Client

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Real Cases Won

$30 MILLION DOLLARS
Personal Injury
As a result of the trial for a motorcycle accident
$10 MILLION DOLLARS
Personal Injury
As a result of the trial for a pedestrian hit by a truck accident
$1.2 MILLION DOLLARS
Personal Injury
As a result of the trial for a woman who slipped and fell in the bathroom of a hotel
$10,000,000 SETTLEMENT
Car Accident
For a 9 year old Northeast Philadelphia boy who suffered traumatic brain injuries after being hit by a truck as he crossed the street.
$3.5 MILLION AWARD
Car Accident
From a Chester County jury to a nurse and mother of two after she was seriously injured when she was rear-ended by a National waste disposal truck
$1,055,000 SETTLEMENT
Car Accident
Settled in 7 months for responsible party’s policy limits and under-insured motorist policy limits
$1,150,000 SETTLEMENT
Slip and Fall
For a client who fell on uneven pavement and suffered injuries
$750,000 SETTLEMENT
Slip and Fall
For a client suffered from a fall on ice
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Medical Malpractice
For a client who fell on uneven pavement and suffered injuries
NOT GUILTY VERDICT
Criminal Defense
DUI charges resolved in a not guilty verdict for a truck driver
NOT GUILTY VERDICT
Criminal Defense
Successful resolution of speeding tickets with no points and not guilty decisions
NOT GUILTY VERDICT
Criminal Defense
Drug possession with intent to distribute resolved prior to the trial with the government withdrawing the charges
$492,000 AWARD
Unsafe Product
For a man who was injured by a tree-trimming instrument
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Your Questions Answered

We understand when the injury occurs, you are scared and need immediate help. Here are the answers to some of the questions we hope are helpful to you.


If you come to us, we have all the answers for when you are injured in any type of accident.
Free case evaluation

Do I have to pay to speak with an injury attorney?

Philly Lawyers offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Kats, Jamison & Associates works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case. To learn more about what it takes to speak with an injury attorney about your claim here.

Do I need an appointment to speak with a Kats, Jamison & Associates Attorney or are walk-ins accepted?

Philly Lawyers offers free case reviews and we are available 24/7. If you are injured in a car accident or any other type of motor vehicle accidents as well as a slip and fall, we are available without an appointment and we will see you at your convenience. However, appointments are still recommended.

How does insurance work in a typical car accident?

If you are involved in a car accident, the insurance will typically cover the repairs for your vehicle, the medical bills, and the settlement for pain and suffering. On your insurance policy, we always recommend that in Pennsylvania, you select a full tort option as well as uninsured and underinsured motorist protection. In New Jersey policy, we recommend that you select a zero threshold option and also uninsured and underinsured motorist protection. There are other provisions of your insurance policy that you can select to further protect yourself and your family.

How long does it take to settle a Philadelphia auto accident case?

Depending on the severity of your injuries and the length of time you need to heal from your injuries will determine the length of your claim. Usually we prepare a request to the insurance company within a month after a medical treatment is completed. Sometimes they are willing to settle a case right away and sometimes insurance companies’ offers are too low. Lawyers are always required to convey to the client the amount of the offer. We can provide you with our opinion, but the final decision is always left to the client on whether they want to accept the offer or proceed with future litigation.

How much is my personal injury case worth?

The amount of recovery is based on outstanding medical bills, your out of pocket expenses, your wage loss (if any), your doctor’s report with indication of your prognosis and diagnosis, and the policy limits of the person who caused the accident.

How do I know if I have a personal injury case regarding a car accident?

If you are experiencing pain, injury, or financial damages as a result of someone else’s negligence, you may have a personal injury case. If the other driver was at fault, our car accident attorneys will get you an appropriate compensation. Even when it is not obvious who is at fault in the accident, our experienced attorneys can help determine your rights. The consultation is free and you have nothing to lose by consulting with an attorney. Some cases are easy to determine who is responsible for the accident. For example, if you were rear-ended in a car accident, typically the other driver is responsible for that accident and the insurance company could be liable for any damages. Some accidents might require additional investigation to determine the fault.

What should I expect the first few days following a car accident?

Within the first few days, you will receive communications from both your insurance company and the other driver’s insurance company. You may be contacted by your health insurance company, doctors, and even attorneys. The other driver’s insurance company may request that you sign medical authorizations so they can retrieve your medical records. Before you speak to any of these people or sign any documents, it is important that you seek legal counsel.

How to pay for medical expenses while my case is pending?

In the state of Pennsylvania and New Jersey, your automobile insurance policy will pay for your medical bills to the extent of the maximum benefits that you purchased on your policy regardless of whose fault it is in an accident. Those two states are called “No Fault” states, which means that your insurance premiums cannot go up for the mere fact that your insurance company paid your medical bills. After the first party benefits are exhausted, then your healthcare insurance should be paying the rest of your medical bills. Your automobile insurance policy is always primary for the payment of your medical bills.

What type of compensation should I expect to receive for my car accident case?

You are entitled to receive compensation for your vehicle. Depending on the amount of damages to your vehicle, the insurance company will pay for the repairs or replacement of your automobile. You are entitled to get your medical bills paid plus any other out of pocket expenses and the wage loss. The largest part of your compensation will be your pain and suffering settlement, and that depends on the extent of your injuries and how it has affected your life. If we are successful in proving that the other party is liable for your injuries and damages, you could be compensated for medical bills and any other hospital costs, lost wages, costs of rehabilitation and physical therapy, disability or disfigurement, pain and suffering, wrongful death, including loss of financial support and any other out of pocket expense that was related to your accident.

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