Since 1997 | Your Pittsburgh Law Firm
Your Pittsburgh Law Firm
Flaherty | Fardo | Rogel | Amick

Can I sue for pain and suffering in Pennsylvania?

Yes, if you have full tort coverage or meet a limited tort exception.

Flaherty | Fardo | Rogel | Amick

Related Questions

Do I need to call the police for a minor accident?

Yes. Even if damage looks small, having the police document it can be the difference between winning and losing your claim. Without a report, it’s just your word against the other driver’s.

Pennsylvania law adds another requirement: under 75 Pa.C.S. § 3747, if police do not investigate an accident that legally required reporting, you must file a written accident report with PennDOT within five days. That report is confidential and cannot be used as evidence in court (except in narrow circumstances), but it protects you from later accusations of failing to report.

So even in “minor” crashes, documentation is critical.

Should I go to the hospital if I don’t feel hurt right away?

Yes. Some of the most serious injuries—neckinjuries, concussions, whiplash—don’t show symptoms until days or weeks later.I represented a new mom who told everyone she was “fine” at the scene. Monthslater, she was in serious pain with restricted movement. We secured a strongsettlement, but the defense hammered her for not treating earlier. Protectyourself. Get checked.

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What if the other driver leaves the scene? (Hit-and-run accidents)

Call the police immediately and document everything you can. Pittsburgh juries value honesty—they can smell dishonesty a mile away. What you say and do after a hit-and-run matters. Your uninsured motorist coverage may apply, but these claims require careful handling.

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Who determines fault in a Pennsylvania car accident?

Fault is based on evidence: the police report, witness statements, photos, sometimes accident reconstructions. Don’t assume that what someone admits at the scene will stick. Stories change. Documentation doesn’t.

What is Pennsylvania’s “comparative negligence” rule?

Pennsylvania follows modified comparative negligence with a 51% bar

  • If you     are 51% or more at fault, you cannot recover damages.
  • If you     are 50% or less at fault, you can recover—but your     award is reduced by your share of fault.

For example, $100,000 in damages with 20% fault =$80,000 recovery.

What is the difference between “limited tort” and “full tort” insurance?

What is the difference between “limited tort” and “full tort” insurance?

  • Full     tort: You can recover for both economic damages (medical     bills, lost wages) and non-economic damages (pain and suffering)
  • Limited     tort: You generally cannot recover for pain and suffering     unless your case qualifies for an exception.

Exceptions include:

  • Serious     injury (death, permanent impairment, disfigurement)
  • Drunk driver accidents
  • Pedestrians,     bicyclists, and motorcyclist
  • Commercial     or out-of-state vehicles
  • Accidents     with uninsured drivers

We’ve had countless clients blindsided by limited tort. Always know what you bought.

Can I still recover damages if I was partially at fault?

Yes. As long as you were 50% or less at fault, you can recover, but your award is reduced by your share of responsibility. If you are 51% or more at fault, you are barred from recovery.

Should I speak to the other driver’s insurance company?

No. Adjusters are professional negotiators. You won’t talk your way into a better settlement, but you can absolutely talk your way into hurting your claim.

Will my insurance rates go up if I make a claim?

The bigger issue isn’t whether your premiums rise—it’s whether you’re properly compensated. I’ve seen clients offered $2,500to settle when their claims were worth $50,000 or more. Don’t leave money on the table worrying about premiums.

What if the at-fault driver has no insurance or is underinsured?

This is where uninsured/underinsured motorist coverage (UM/UIM) comes in. These cases are often the single largest source of recovery in serious accidents. Many times, we’ve had to file lawsuits against our clients’ own insurance companies to enforce their UIM coverage. It feels backwards, but it’s how the system works.

Should I give a recorded statement to the insurance adjuster?

Never. Recorded statements exist for one reason: to be used against you. I’ve seen innocent, offhand remarks repeated back to clients in court to minimize their injuries. There is no upside.

How long does the insurance company have to settle my claim?

There’s no set deadline. In practice, insurance companies delay as long as possible. They count on injured people getting discouraged—or worse, dying—before the claim is resolved. That’s why pushing cases forward matters.

What if I feel fine after the crash—should I still see a doctor?

Yes. If your symptoms don’t get documented, the defense will argue they never happened.

How long after a car accident can I still see a doctor?

As soon as you notice symptoms. Delays weaken claims, but better late than never. Always be honest, but don’t minimize what you’re feeling.

Who pays my medical bills after a car accident in Pennsylvania?

Pennsylvania is a no-fault state for medical bills. Your own insurance pays first through your PIP (Personal Injury Protection) coverage, regardless of who caused the crash.

What is an Independent Medical Examination (IME) and should I attend?

An IME is supposed to be a neutral exam, but we call them DMEs—Defense Medical Exams. In 25 years, I’ve never seen one that wasn’t biased. We often send a nurse or advocate with clients to make sure the exam is fair.

Can I recover for future medical expenses?

Yes. We’ve structured annuities for clients—including children—to cover ongoing or future medical costs. These are often vital in serious injury cases.

Do I need a lawyer for every car accident?

No. But if you’re seriously injured, you absolutely do. Insurance companies know who the serious trial lawyers are. Representation changes everything.

What kind of cases do you not take, and why?

We don’t represent dishonest clients. Credibility is everything. Juries don’t award money to liars, and we won’t waste time on a case without honesty.

When should I contact a car accident attorney?

The earlier the better. We’ve had adjusters treat cases very differently the moment they know our firm is involved. Early involvement means stronger evidence, better documentation, and more leverage.

How do I choose the best Pittsburgh car accident lawyer?

Look for experience, results, and honesty. Ask lawyers what kinds of cases they’ve taken to trial. Ask about past settlements. And make sure they listen to you.

What should I bring to my first meeting with an attorney?

Accident reports, medical records, insurance information, photos, and a list of your doctors. But don’t stress—we can help gather documents if you don’t have everything.

How much does it cost to hire a car accident lawyer?

We work on contingency. That means no up front fees you don’t pay unless we recover money for you.

What is a contingency fee?

A percentage of your recovery, agreed to upfront. If we don’t win, you don’t pay.

Will you review my case for free?

Yes. Always.

How long do I have to file a lawsuit after a car accident in Pennsylvania?

Two years from the date of the accident. For minors or cases where the injury wasn’t immediately discoverable, exceptions apply.

What is the process for filing a car accident lawsuit?

We file a complaint in court, the defense responds, and discovery begins. Cases may go through mediation or arbitration before trial.

Will my case go to court or settle out of court?

Most settle. But the only way to get a fairsettlement is to prepare for trial. Insurance companies only pay full value ifthey believe they’ll lose in court.

Can you share an example of a case that settled early vs. one that went to trial?

We’ve had seven-figure settlements early when liability was obvious and harm was severe. But not always. In one case, the defense refused a $3M mediation demand. Two and a half years later, on the eve of trial, they paid $6M. Case values change. Preparation is everything.

What is mediation or arbitration, and will it apply to my case?

Mediation is a structured negotiation with a neutral mediator. Arbitration is like a mini-trial. Both can be useful, but I prefer virtual mediation so clients don’t get trapped in long, draining sessions. If the defense asks for mediation, we often require them to pay the cost if it fails.

How much is my car accident case worth?

Case value is fluid. It depends on your recovery, your medical needs, your lost income, and how a jury might view your pain. I usually give ranges, not hard numbers, because values move as the case develops.

What factors affect the value of my case?

Severity of injury, length of recovery, lost wages, future losses, credibility, and how well the case is prepared for trial.

Can I recover lost wages if I missed work?

Yes. Past and future lost wages are often major parts of recovery. We’ve had cases where the biggest fight was over future income loss—especially for younger workers with overtime-heavy jobs.

Can I claim damages if my car was totaled?

Yes. Property damage is part of your claim, though it’s often handled separately from injury compensation.

What are punitive damages, and are they available in car accident cases?

Punitive damages punish reckless, outrageous conduct—like drunk driving. They aren’t available in every case, but when the facts justify them, we pursue them.

What if I was injured as a passenger in a car accident?

Passengers have the same rights as drivers. You can pursue claims against whichever driver was at fault—or both.

What if the at-fault driver was drunk or impaired?

We’ve handled many of these cases. Police involvement is crucial. Juries take drunk driving seriously, and punitive damages may apply.

How do I file a claim for a rideshare accident (Uber/Lyft)?

Rideshare cases involve corporate insurance policies, and coverage depends on whether the driver was logged into the app. These claims can be complex, but the insurance limits are usually higher than in private cases.

What if I was hit by a commercial truck or delivery vehicle?

We’ve handled trucking cases on the PA Turnpike,I-376, I-79, and throughout Allegheny and Beaver Counties. These cases often involve multiple layers of corporate insurance and require aggressive discovery.

How are motorcycle accidents different from car accidents legally?

Motorcycle accidents almost always involve more severe injuries, and limited tort doesn’t apply to motorcyclists.

How can I avoid mistakes that could hurt my case?

Don’t admit fault. Don’t skip medical care. Don’t post about your accident on social media.

What happens if I already signed a settlement release?

Once you sign, your claim is over. You can’t reopen it. That’s why you should never sign anything without talking to a lawyer.

How can I make sure I get the most compensation possible?

Preparation. The best settlements come when the defense knows we’re ready to try the case. A case prepared for trial almost always settles higher.

What if I disagree with my lawyer about a settlement offer?

It’s rare, but it happens. After 25 years, I can say disagreements are uncommon once trust is built. Our job is to give honest advice; the final choice is always yours.

What documentation do I need for my injury claim?

Medical records, bills, accident reports, photos, witness statements, and proof of lost wages are all critical.

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How does my Personal Injury Protection (PIP) coverage work?

Pennsylvania drivers are required to carry at least $5,000 in medicalbenefits coverage. Your own PIP pays for your medical bills up to your policylimit, regardless of fault.

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What expenses can be covered by insurance after an accident?

Coverage can include medical bills, lost wages, property damage, rental carcosts, and in certain cases pain and suffering.

How long will my car accident injury case take?

It depends on the complexity of the case, injury recovery time, and whether it goes to trial. Some settle in months; others take years.

Can I sue for pain and suffering in Pennsylvania?

Yes, if you have full tort coverage or meet a limited tort exception.

What happens if the insurance company denies my claim?

Your attorney can negotiate further, file a lawsuit, or pursue arbitration / mediation if applicable.

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Have You Been Hurt or Injured in an Accident?

If you’ve been hurt in an accident, the first question any good personal injury lawyer will ask is:

“Have you actually suffered harm — physically, emotionally, or financially?”

In Pennsylvania, you're only entitled to compensation if your injury was caused by someone else’s negligence or intentional misconduct. But not every accident leads to a valid claim. The key is whether you’ve suffered real, documented, and legally recognizable damages.

✅ Step 1: Proving You Were Actually Injured

It’s entirely possible to be involved in a serious accident—such as a car crash or fall—without having a legal case if no injury occurred.

  • No injury = no claim
  • No financial loss = potentially no compensation

To pursue a personal injury case in Pennsylvania, you must be able to prove that you suffered one or more of the following:

  • Physical injuries (broken bones, soft tissue injuries, concussions, scarring)
  • Emotional or psychological trauma (anxiety, PTSD, depression)
  • Economic losses (medical bills, lost wages, travel expenses)

If none of these are present—or documented—it may be difficult to pursue a successful claim.

✅ What Damages Can You Recover in Pennsylvania?

If you have been hurt due to someone else’s negligence, Pennsylvania law allows you to seek compensation for a wide range of damages, including:

  • Physical pain and suffering
  • Mental and emotional distress
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • Scarring or permanent disfigurement
  • Past and future medical expenses
  • Lost wages or diminished earning capacity
  • Out-of-pocket expenses (travel, therapy, home modifications, etc.)

There’s no one-size-fits-all formula. Each case is evaluated based on its specific facts, and a jury ultimately determines what is fair.

✅ Why Your Story Matters More Than a Dollar Amount

Unlike some other states, Pennsylvania law does not allow attorneys to demand a specific amount for pain and suffering in front of a jury. Instead, jurors are instructed to use their own experiences and judgment when deciding non-economic damages based on:

  • The severity of your injuries
  • Your testimony and medical records
  • The long-term impact on your daily life

That’s why telling your story effectively is essential—and why the quality of your attorney’s advocacy can make all the difference.

✅ What If Your Injury Isn’t Obvious?

Not all injuries are visible or immediate. Many legitimate claims involve:

  • Delayed symptoms (e.g., whiplash, brain injury, PTSD)
  • Emotional trauma without therapy records
  • Pain that worsens or requires surgery over time
  • Progressive conditions like nerve damage

Even if you didn’t go to the ER or feel hurt right away, you may still have a valid claim. Early medical evaluation and legal advice can help protect your rights.

✅ Not Sure If You’re “Injured Enough”?

Many clients aren’t sure whether they have a case—and that’s okay. Common signs that you may have a valid claim include:

  • Ongoing physical pain or mobility issues
  • Doctor recommendations for surgery or therapy
  • Missed work or reduced income
  • Rising medical bills
  • Mental health struggles after the accident

You don’t have to make that decision alone. A personal injury lawyer can help assess whether your injury meets the legal threshold for compensation.

📞 Talk to an Experienced Pennsylvania Personal Injury Lawyer

At Flaherty Fardo Rogel & Amick, we’ve helped thousands of injured Pennsylvanians get the compensation they deserve. We offer free consultations, and there’s no fee unless we win.

If you’ve been hurt due to someone else’s negligence, let us investigate your case and help you understand your options.

📞 Call 412.802.6666
📧 Email info@pghfirm.com
📍 Serving clients throughout Pittsburgh and Western Pennsylvania

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Do I Have a Personal Injury Case if the Accident Wasn’t My Fault?

If you were injured and believe someone else may be responsible, you might have a valid personal injury claim. But under Pennsylvania law, being injured isn’t enough—you must also prove that another person, company, or entity caused your injury through negligence or intentional wrongdoing.

✅ You Must Prove Fault to Recover Compensation

In most personal injury cases, you’ll need to show that the other party acted:

  • Negligently (carelessly), or
  • Intentionally (with reckless or harmful intent)

✅ What Is Negligence?

Negligence is the most common legal basis for accident claims. Under Pennsylvania law, negligence means someone failed to act with reasonable care, and that failure caused your injury.

🔹 Examples of Negligence:

  • A driver texting behind the wheel
  • A store owner who ignores a spill on the floor
  • A landlord who fails to clear snow or ice from a sidewalk

When someone violates their duty of care—and it causes harm—they can be held financially liable.

✅ Proving Fault Isn’t Always Easy

Even if the accident wasn’t your fault, the other party (or their insurance company) may:

  • Deny responsibility
  • Blame someone else—including you
  • Dispute the severity of your injuries
  • Refuse to settle unless forced through legal pressure

That’s why working with an experienced personal injury lawyer is critical. A strong legal team can investigate the facts, gather evidence, interview witnesses, and build a compelling case that shows who was truly responsible.

✅ What Is the Legal Burden of Proof?

In civil personal injury cases, the burden of proof is “a preponderance of the evidence.”

That means:

You must prove it’s more likely than not (just over 50%) that the other party’s actions caused your injury.

You don’t need to prove your case beyond a reasonable doubt—just that your version of events is more believable than theirs.

✅ What If You Were Partially at Fault?

Pennsylvania follows the modified comparative negligence rule, which means:

  • You can still recover damages if you were partially at fault—as long as you were not more than 50% responsible
  • Your compensation will be reduced by your percentage of fault

💡 Example:

If you were awarded $100,000 but found to be 30% at fault, your final recovery would be $70,000

✅ Not Sure Who Was at Fault?

Don’t assume you don’t have a case just because things seem unclear. A proper investigation might uncover:

  • Surveillance footage
  • Witness statements
  • Police reports
  • Traffic violations or safety code breaches
  • Evidence of distracted or impaired driving

Preserving evidence early and speaking with a lawyer quickly can make all the difference.

📞 Let Our Legal Team Evaluate Your Case

At Flaherty Fardo Rogel & Amick, we’ve helped thousands of injury victims across Pennsylvania determine whether they have a case—and if so, how to win it.

We offer free consultations and will give you honest answers about your legal options and what your case may be worth.

📞 Call 412.802.6666
📧 Email info@pghfirm.com
📍 Serving clients throughout Pittsburgh and Western Pennsylvania

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How Do I Find the Right Personal Injury Lawyer in Pennsylvania?

Finding the right Pennsylvania personal injury lawyer can make the difference between winning and losing — or recovering full and fair compensation versus settling for far less than your case is worth.

After a serious accident or injury, many people don’t know where to start. They’re overwhelmed, in pain, facing medical bills, and getting calls from insurance companies. Choosing the right attorney in this moment is one of the most important decisions an injured victim will make — and you only get one shot at getting it right.

Why Your Choice of Lawyer Matters

The truth is simple:
Insurance companies pay more to people who are represented by experienced personal injury lawyers than to those who try to handle it alone.

In fact, the insurance industry itself has studied this — and the numbers are clear. Injury victims who hire a lawyer receive significantly more compensation on average than those who don’t.

But not just any lawyer will do. You need someone with:

  • Proven results
  • Trial experience
  • Medical and legal knowledge
  • Communication skills
  • A reputation for being thorough, ethical, and unrelenting

Even in strong cases, the right lawyer can increase the total settlement amount, negotiate medical liens, and maximize the amount you actually keep after all expenses.

You Only Get One Chance to Get it Right

In personal injury law, there are no do-overs. Once you settle a case or accept a jury verdict, your right to future compensation is gone forever — even if your injuries worsen or require surgery years later.

That’s why choosing a qualified, motivated lawyer at the beginning of your case is crucial. You need someone who will:

  • Carefully document your injuries
  • Preserve critical evidence
  • Communicate with the insurance company on your behalf
  • Build leverage and prepare for trial
  • Fight for you every step of the way

When Should I Contact a Lawyer?

As soon as you believe another person or business is responsible for your injury — or “more likely than not” caused your harm — you should reach out for legal guidance.

Waiting too long can result in:

  • Lost evidence
  • Missed deadlines
  • Missteps with insurance companies
  • Statutes of limitation cutting off your rights

Even if you're unsure whether you have a case, a consultation with a personal injury lawyer is free, and there’s no obligation. A good lawyer will give you an honest assessment of your options and help you avoid mistakes early in the process.

How to Find the Best Pennsylvania Personal Injury Lawyer

There’s no perfect formula, but here’s a smart and effective approach to finding the right attorney:

1. Interview Multiple Lawyers

Don’t just go with the first name you find on Google or a billboard. Set up free consultations with at least two or three lawyers. Ask questions. Get a feel for how they communicate.

2. Ask the Right Questions

You’ll want to ask about:

  • Their trial experience
  • Past results in similar cases
  • Whether they’ll personally handle your case
  • How they handle medical liens
  • Their approach to settlement negotiations

3. Do Your Homework

Research online. Read reviews on:

  • Google
  • Avvo
  • Martindale-Hubbell
  • The Pennsylvania Disciplinary Board (for red flags)

Look for patterns — not just stars. Read actual client feedback about communication, honesty, and outcomes.

4. Ask for Referrals

Talk to family, friends, coworkers, or medical providers you trust. Personal recommendations are often the best starting point.

5. Trust Your Gut

Beyond credentials and case results, ask yourself:

  • Did this lawyer listen to me?
  • Do they seem genuinely motivated to help me?
  • Did they explain things clearly?
  • Do I feel confident putting my case in their hands?

If the answer is yes — you’ve likely found the right fit.

What Makes Flaherty Fardo Different?

We’ve been representing injury victims across Pennsylvania for more than 25 years. Our attorneys have:

  • Recovered millions of dollars for clients harmed by negligence
  • Taken on some of the largest hospitals and insurance companies in the state
  • Litigated and settled cases involving car accidents, medical malpractice, wrongful death, dog bites, and more
  • A reputation for honest advice, trial readiness, and relentless client advocacy

We don’t believe in cookie-cutter legal work. We limit our caseload to give each client the personal attention and strategic focus they deserve.

Schedule a Free Consultation Today

If you or someone you love has been seriously injured and you're looking for the right lawyer to fight for you — we’re here to help.

We offer free consultations and never charge a fee unless we win your case.

📞 412.802.6666
📧 info@pghfirm.com
Contact us now

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Should I Settle My Personal Injury Case or File a Lawsuit?

One of the most important — and strategic — questions in any personal injury or medical malpractice case is:

“Should I settle my case or file a lawsuit?”

While it’s tempting to think of settlement and trial as opposites, they’re more like milestones on the same road. In reality, every case involves the careful balancing of speed, risk, cost, and reward.

At Flaherty Fardo Rogel & Amick, we’ve guided thousands of clients through this exact decision — and we always tailor the advice to the specific facts of the case, the client’s goals, and the insurance company’s behavior.

Here’s what you need to know about settling versus suing in Pennsylvania personal injury claims.

What Does It Mean to Settle a Personal Injury Case?

A settlement is a formal agreement between the injured person and the defendant (usually through an insurance company) to resolve the claim without going to court. In exchange for a negotiated payment, the plaintiff signs a release, giving up the right to sue for further damages.

Settlements can happen:

  • Before a lawsuit is filed (pre-litigation)
  • After a lawsuit is filed, but before trial
  • Even during trial or after a jury verdict (in rare cases)

Benefits of Settling Early

Settling early — before filing a lawsuit — can offer real advantages for some clients and cases. Benefits may include:

  • Faster resolution (sometimes in months rather than years)
  • Lower litigation costs (no expert fees, depositions, etc.)
  • Less stress and uncertainty
  • Guaranteed compensation
  • Privacy (lawsuits become part of the public record)

In many cases, especially where liability is clear and injuries are well-documented, early settlement is a very real possibility — but it must be fair and based on the full value of your losses.

But Settlement Isn’t Always the Best Option

Not every early offer is a good one. Insurance companies often try to settle quickly for far less than the case is worth, especially if:

  • You don’t yet have a lawyer
  • You’re still undergoing treatment
  • Your long-term prognosis is uncertain
  • They think you’re unlikely to sue

A fast settlement might sound attractive — but if it doesn’t compensate you for the rest of your life, it can be a major financial mistake. Once you sign a release, your case is over forever.

Why We Often Recommend Filing Suit Early

At Flaherty Fardo, we believe the best settlements are made through force. That’s why we often recommend filing a lawsuit sooner rather than later — especially when:

  • The insurer delays or lowballs their offer
  • Liability is disputed
  • Future damages are significant
  • Medical or wage loss documentation is complex

Filing suit puts pressure on the defense:

  • It shows you’re serious
  • It triggers discovery deadlines
  • It gets a trial date on the calendar
  • It forces insurance companies to assign higher-level adjusters or defense attorneys
  • It gives your lawyer subpoena power and leverage

Even if we later extend the deadline or negotiate a settlement during litigation, the threat of trial is often what drives real movement.

How Long Do Personal Injury Lawsuits Take?

In Pennsylvania, even simple cases can take 18–24 months or longer from the time suit is filed to get to trial. More complex cases (like medical malpractice or multi-defendant claims) can often take 3+ years.

Insurance companies know this — and often delay to wear plaintiffs down.

That’s why having an experienced trial team matters. If they know your attorney is ready, willing, and able to try the case, their attitude changes quickly.

What Are the Costs of Suing?

Litigation isn’t cheap — and the longer a case lasts, the more it usually costs. Filing fees, expert witness costs, depositions, and trial preparation can add up to tens of thousands of dollars in expenses.

While most personal injury lawyers front these costs (and recover them later from any settlement), the client should still consider:

  • How much these costs reduce their take-home amount
  • Whether the potential upside is worth the time and effort
  • If waiting for trial makes sense given their current situation

That’s why we always help our clients evaluate the risk vs. reward of every case — not just emotionally, but financially.

How Do You Decide Whether to Settle or Sue?

This is a decision that should be made together, after a thorough review of:

  • Liability (how strong is the case?)
  • Damages (how serious are the injuries?)
  • Insurance coverage (is there enough to cover the harm?)
  • Client goals (how important is speed vs. maximum recovery?)
  • Defense position (are they negotiating in good faith?)

Ultimately, the only result that matters is the amount of money the injured victim actually receives — not the size of the gross settlement, and not whether there was a trial.

How Can You Tell if Your Lawyer Is Willing to Go to Trial?

This is one of the most important questions to ask any personal injury lawyer you’re considering hiring:

“How much actual trial experience do you have?”

Insurance companies keep records. They know which lawyers settle every case — and which ones prepare for trial. The attorneys who are willing and able to take a case all the way to a jury are the ones who consistently get higher settlements before trial.

That’s why at Flaherty Fardo Rogel & Amick, we don’t bluff — we prepare. And that preparation puts pressure on insurance companies to do the right thing.

Final Thought: It’s Not Settle or Sue — It’s Settle Strategically

The goal is not simply to settle. The goal is to get the best possible result, using the right timing and leverage.

We’ve helped thousands of personal injury victims in Pittsburgh and across Pennsylvania recover meaningful compensation through:

  • Tough early negotiation
  • Strategic litigation
  • Trial when necessary

If your case can settle early and fairly, we’ll tell you. If not, we’ll prepare to file suit — and fight to maximize your recovery at every step.

Schedule a Free Consultation Today

Have questions about whether to settle or sue your personal injury case?

Let us help you evaluate the options — honestly, clearly, and with your best interest in mind.

📞 412.802.6666
📧 info@pghfirm.com
Contact us now for a free case evaluation

How much money will I keep at the end of my lawsuit?

One of the most common—and most important—questions we hear is:
“How much money will I actually receive at the end of my personal injury case?”

While every case is different, it’s critical to understand that the total settlement amount or jury verdict is not the same as the amount you take home. Several deductions are made before your portion is disbursed.

Here’s a breakdown of the main factors that determine how much you’ll actually keep after a personal injury settlement in Pennsylvania:

✅ 1. Most Personal Injury Settlements Are Tax-Free

Let’s start with some good news:
Most personal injury settlements are not taxable under federal or Pennsylvania law.

If your compensation is for:

  • Physical pain or suffering
  • Medical expenses
  • Loss of enjoyment of life
  • Disfigurement or permanent disability

…then it is usually excluded from taxable income. There are exceptions (such as punitive damages or post-settlement interest), but for most injury victims, your net recovery is not taxed.

✅ 2. Your Attorney Will Take a Contingency Fee

Most personal injury lawyers work on a contingency fee basis, including our firm. That means:

  • You pay nothing upfront
  • The lawyer is only paid if they recover money for you

The typical fee is 33⅓% to 40%, depending on the complexity of the case. For example:

  • A medical malpractice or wrongful death case may carry a 40% contingency
  • A simpler accident case may be slightly less

💡 Example:

Settlement: $500,000
Attorney’s Fee (40%): –$200,000
Remaining: $300,000 (before costs and liens)

✅ 3. Case Costs and Litigation Expenses

In addition to the fee, the law firm will deduct any expenses advanced during your case, including:

  • Court filing fees
  • Expert witness fees
  • Medical record and report costs
  • Depositions and transcripts
  • Investigative or travel costs
  • Trial exhibits or software

These case costs are deducted from your share, not from the attorney’s fee.

A routine car accident may involve $2,000–$5,000 in costs. A complex medical malpractice case could involve $50,000+.

We encourage all clients to ask for cost updates throughout the case—you have the right to know what’s being spent.

✅ 4. Medical Liens and Subrogation

If your health insurance, Medicare, Medicaid, or workers’ comp paid for your accident-related care, they may file a medical lien to get reimbursed from your settlement. This is known as subrogation.

These must be resolved before you receive any funds—but experienced lawyers can often negotiate them down, especially when:

  • Fault was disputed
  • The client was undercompensated
  • There are future medical needs
  • There is limited insurance

Reducing liens is one of the most important—and overlooked—ways to maximize your final payout.

✅ 5. So, What Will I Actually Keep?

Here’s a general example from a serious personal injury settlement:

ItemAmountTotal Settlement$500,000Attorney's Fee (40%)–$200,000Case Costs–$25,000Medical Liens (negotiated)–$50,000Net to Client$225,000

This is only an illustration. Some clients keep much more, especially if costs are low and there are few liens. Others may receive less in high-cost or limited-insurance cases.

🛡️ Tips to Maximize What You Keep

  • Hire an experienced personal injury lawyer who fights to reduce liens and control costs
  • Ask for cost updates regularly—you’re entitled to transparency
  • Don’t settle too soon—make sure all damages and medical needs are fully known
  • Start with a strategy—some of the best financial outcomes happen when your lawyer is preparing your case for trial from day one

📞 Still Have Questions?

If you’ve been injured and want to know what your case is worth—or how much you might actually keep—we’d be happy to talk.

At Flaherty Fardo Rogel & Amick, we’ve handled thousands of personal injury and medical malpractice cases across Pennsylvania, recovering millions for our clients. Our goal isn’t just to win—it’s to maximize what you take home.

📞 Call 412.802.6666
📧 Email info@pghfirm.com
📱 Or text Managing Attorney Noah Fardo directly at 412.855.5511 for a free consultation.

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What Should I Do After a Personal Injury or Accident in Pennsylvania?

If you’ve been injured in an accident—whether it’s a car crash, slip and fall, or any type of incident caused by someone else’s negligence—what you do next can greatly affect your health, your recovery, and your legal case.

To protect your rights and build a strong personal injury claim, follow this essential checklist:

✅ Personal Injury Checklist: What to Do After an Accident

  1. Get Medical Attention Immediately
    Your health is the priority. Even if symptoms seem minor, go to the ER, urgent care, or your doctor. Follow all treatment instructions and attend all follow-up visits.
    ➤ Why it matters: Medical records are key to proving your injuries.
  2. Call 911 or Report the Incident
    Always report the accident to the proper authorities:
    • For car accidents: Call the police so a report can be generated.
    • For store or property injuries: Ask the business to create an incident report.
      ➤ Why it matters: Police and incident reports document the facts while they’re fresh.
  3. Take Photos and Videos
    Use your phone to capture:
    • The accident scene
    • Vehicle damage or unsafe conditions
    • Your visible injuries
    • Weather, lighting, or surroundings
    • Contact info of witnesses or employees on site
      ➤ Why it matters: Visual evidence can be powerful in proving fault.
  4. Gather Witness Information
    Ask witnesses for their full name, phone number, and a brief description of what they saw. Eyewitness testimony can help establish liability.
  5. Keep Records of Everything
    Save all bills, receipts, medical paperwork, prescriptions, and correspondence related to the accident and your injuries.
  6. Avoid Posting on Social Media
    Don’t discuss the accident or your recovery online. Insurance companies monitor social media and may use your posts against you.
  7. Do NOT Speak to the Other Party’s Insurance Company
    Politely decline any requests to give a statement or sign documents. You're not required to speak with them, and doing so can hurt your case.
    ➤ Let your attorney handle all communication on your behalf.
  8. Stay Consistent With Medical Treatment
    Follow your doctor's instructions carefully. Missed appointments or inconsistent care can be used to downplay your injuries.
  9. Contact a Personal Injury Lawyer Right Away
    The sooner you speak to an attorney, the better. A qualified personal injury lawyer will help you:
    • Preserve critical evidence
    • Navigate insurance claims
    • Determine the value of your case
    • Fight for full compensation
      ➤ Most lawyers—including ours—offer free consultations.

📞 Need help now?

We’re here to protect your rights from day one.
Call 412.802.6666 or text Managing Attorney Noah Fardo directly at 412.855.5511 for a free consultation.

Let us handle the legal work—so you can focus on healing.

What Is Considered Medical Malpractice in Pennsylvania?

Medical malpractice in Pennsylvania occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, and that failure causes injury, harm, or death to a patient.

✅ What Is the “Standard of Care”?

The standard of care refers to the level of skill, expertise, and attention that a reasonably competent healthcare provider in the same field would provide under similar circumstances. It’s a legal benchmark that accounts for a provider’s training, experience, and the conditions at the time of care.

Medical malpractice is not simply a bad outcome or an honest mistake. To be legally actionable, the care must have fallen below this accepted standard, and directly caused injury that resulted in damages such as pain, disability, additional treatment, or loss of income.

⚖️ What Must Be Proven in a Pennsylvania Medical Malpractice Case?

To bring a valid medical malpractice claim in Pennsylvania, a patient (the plaintiff) must prove:

  1. There was a provider-patient relationship.
  2. The provider deviated from the accepted standard of care.
  3. That deviation directly caused the injury or worsened condition.
  4. The injury resulted in actual damages, such as medical costs, lost wages, or pain and suffering.

Importantly, Pennsylvania law requires a Certificate of Merit — a signed statement from a licensed physician in the same or similar specialty affirming in writing that the care was likely negligent and caused harm.

🏥 Common Examples of Medical Malpractice

Our law firm has handled a wide range of malpractice cases involving:

  • Surgical errors (e.g., wrong site surgery, retained surgical objects)
  • Misdiagnosis or delayed diagnosis (e.g., missed cancer, stroke, or infection)
  • Emergency room mistakes
  • Birth injuries and OB/GYN negligence
  • Medication or anesthesia errors
  • Lack of informed consent
  • Hospital system failures (e.g., failure to follow up on abnormal test results)

Malpractice can be committed by a wide range of professionals: surgeons, specialists, radiologists, anesthesiologists, nurses, hospital administrators, and more.

💡 Is There a Statute of Limitations?

Yes. In most cases, medical malpractice claims must be filed within 2 years from the date of the harm or the date the patient knew or should have known of the harm. For minors, the clock doesn’t begin until they turn 18. (See: Statute of Limitations for PA Malpractice Cases)

💵 What Damages Can Be Recovered?

Victims of medical malpractice in Pennsylvania may be entitled to compensation for:

  • Past and future medical expenses
  • Pain and suffering
  • Lost wages or earning capacity
  • Scarring, disfigurement, or disability
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • In wrongful death cases, survivor and estate damages

There are no caps on damages in Pennsylvania for medical malpractice (except for punitive damages, which are limited to 200% of compensatory damages in most cases).

📞 Contact Flaherty Fardo Rogel & Amick

Medical malpractice cases are complex and time-sensitive. At Flaherty Fardo, we have over 25 years of experience handling malpractice claims across Pennsylvania — from misdiagnosed cancers to surgical and hospital system errors.

We offer free consultations and contingency fee representation — meaning we don’t get paid unless we win your case.

To speak directly with Attorney Noah Fardo or another experienced member of our team, contact us today:

We are passionate about holding healthcare providers accountable — and helping patients and families recover the compensation they deserve.

Do You Offer Free Consultations for Personal Injury Cases?

Yes—Flaherty Fardo Rogel & Amick proudly offers free, no-obligation consultations for all personal injury and medical malpractice cases.

We know how overwhelming it can be after a serious accident or injury. You may be wondering:

  • Do I have a case?
  • What is it worth?
  • How do I protect my rights?

That’s why we offer direct access to an experienced attorney—not just an assistant or intake staff. You’ll speak with Managing Attorney Noah Fardo, who has over 25 years of experience handling serious injury and malpractice claims across Pennsylvania.

📞 Call or Text Anytime

You can call or text Noah directly at 412.855.5511, or contact our office at 412.802.6666 to schedule your consultation.

We’ll listen to your story, answer your questions, and help you understand your legal options—at no cost and with no pressure to hire us.

Injured and not sure where to turn? Start with a free case review today.

What Is the Statute of Limitations for Medical Malpractice Cases in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice lawsuits is generally two (2) years from the date the alleged medical negligence occurred or from the date the patient knew or reasonably should have known of the negligence and resulting harm.

This time limit is governed by 42 Pa. C.S. § 5524, which applies to personal injury and professional negligence claims — including those against doctors, hospitals, nurses, and other healthcare providers.

🕒 General Rule: 2-Year Time Limit

If you were injured by a medical mistake, the clock usually starts ticking on the date the negligence occurred and caused harm. You must file your lawsuit within two years or your claim will likely be barred forever.

Example:
If a doctor leaves a surgical instrument inside a patient during surgery on January 1, 2023, and the patient immediately suffers complications, the statute of limitations would expire on January 1, 2025.

⏳ Discovery Rule: When the Mistake Isn’t Known Right Away

Pennsylvania law recognizes a “discovery rule”, which allows the statute of limitations to be tolled (paused) in certain situations — specifically when the patient did not and could not have reasonably discovered the injury or malpractice until a later date.

Example:
A patient has a CT scan in March 2021 that shows signs of cancer, but the radiologist fails to report the finding. The cancer is not diagnosed until June 2023. In this case, the two-year statute may begin in June 2023, not March 2021 — if the delay was not reasonably discoverable sooner.

This is highly fact-specific and often contested by healthcare defendants. That’s why early legal evaluation is so important.

👶 Special Rule for Minors

In Pennsylvania, if the medical malpractice involves a minor under age 18, the statute of limitations does not begin to run until the minor turns 18 — regardless of when the injury occurred.

That means the deadline to file a malpractice claim for a minor is typically their 20th birthday.

Example:
A child suffers a birth injury in 2020. The statute of limitations to file a lawsuit would generally expire on the child’s 20th birthday in 2040.

⚠️ Wrongful Death & Survival Actions

  • For wrongful death and survival actions based on medical negligence, the statute of limitations is 2 years from the date of death, not the date of treatment.
  • These are separate from the personal injury statute and have unique procedural requirements.

📌 Important Takeaways

  • Don’t assume the deadline is obvious. Many malpractice cases involve delayed diagnoses, latent injuries, or minors — all of which can alter the timeline.
  • If you miss the deadline, your case will likely be dismissed — even if your injuries are severe or obvious.
  • Consulting a lawyer immediately after discovering possible malpractice is the best way to protect your rights.

📞 Have Questions? Get a Free Consultation.

At Flaherty Fardo Rogel & Amick, we’ve helped victims of medical negligence throughout Pennsylvania understand their legal rights and preserve their claims. If you're concerned about whether your case is still within the statute of limitations, don’t wait.

There is no fee for a consultation, and no obligation unless we take your case. Let us help you understand your options — before it’s too late.

‍

How Much Is My Personal Injury Case Worth in Pennsylvania?

There’s no simple calculator for how much a personal injury case is worth—but the value of your case will depend on several key factors, including:

  • How serious your injuries are
  • How clearly someone else was at fault (negligence)
  • How much insurance coverage is available
  • The long-term impact on your life, work, and health

At Flaherty Fardo Rogel & Amick, we take all of these into account when evaluating your case and building a strategy to maximize your compensation.

💵 Types of Damages You May Be Entitled to Recover

If negligence can be proven, Pennsylvania law allows injured victims to recover for both economic and non-economicdamages:

🔹 Economic Damages (can be calculated in dollars):

  • Past and future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Out-of-pocket costs (transportation, home care, prescriptions, etc.)

🔹 Non-Economic Damages (pain and suffering):

  • Physical pain and disability
  • Emotional distress, anxiety, depression
  • Scarring or disfigurement
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • Loss of companionship or intimacy (in some cases)

In rare but serious cases involving intentional or reckless conduct, punitive damages may also be available to punish the wrongdoer.

🎯 What Makes a Case Worth More?

Cases tend to have higher value when:

  • Injuries are severe or permanent
  • The victim can no longer work or function normally
  • There is clear liability and strong expert support
  • A trial-ready law firm is pushing the case

Every case is unique—and we won’t guess or make empty promises. We’ll evaluate the full value of your claim after reviewing your injuries, medical treatment, and all available evidence.

Want a personalized evaluation of what your case may be worth?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com to schedule a free consultation.

How Do I Know If I Have a Medical Malpractice Case in Pennsylvania?

If you suspect a doctor, hospital, or healthcare provider made a serious mistake, you may be wondering: Do I have a medical malpractice case? The truth is, not every bad medical outcome means there is a lawsuit — but when negligence causes real harm, you may have a strong legal claim.

The only way to truly know if you have a valid case is to have your medical records reviewed by both experienced medical malpractice attorneys and a qualified physician in the same field as the provider involved.

✅ Three Elements You Must Prove to Win a Medical Malpractice Case in Pennsylvania

Under Pennsylvania law, an injured patient must prove all three of the following elements to succeed in a medical malpractice lawsuit:

  1. Negligence / Deviation from the Standard of Care
    • This means the doctor or medical provider failed to do what a reasonable provider in the same field would have done under similar circumstances.
    • A poor outcome alone is not enough — you must show a clear medical error or failure in judgment or procedure.
  2. Causation
    • You must prove that the mistake directly caused or significantly contributed to the harm you suffered.
    • For example, a delayed diagnosis must have allowed the condition to worsen, or a surgical error must have created new complications.
  3. Damages / Harm
    • Finally, you must show that you suffered real, measurable harm. This may include:
      • Additional medical bills
      • Lost wages
      • Permanent injuries
      • Disability
      • Emotional distress or loss of enjoyment of life

Without all three elements — negligence, causation, and damages — a medical malpractice claim cannot move forward in Pennsylvania.

🩺 Do All Mistakes Lead to Lawsuits?

No. Not every error or unexpected result is considered malpractice. Medicine is not a perfect science. Complications can occur even when doctors do everything right.

That’s why it's so important to have your case reviewed by a qualified attorney — and if necessary, an independent physician who can offer an expert opinion.

At Flaherty Fardo, we do not pursue cases unless a doctor is willing to confirm in writing that there was a deviation from the accepted standard of care that caused harm. This written opinion is required under Pennsylvania law as part of the Certificate of Merit process.

🧠 Common-Sense Signs That Malpractice May Have Occurred

Even without medical training, patients and families often have a sense that something went wrong. Red flags may include:

  • A procedure that didn’t go as planned — without any clear explanation
  • A delay in diagnosis or treatment that led to worsening health
  • A medical team that avoids questions or is inconsistent in their explanations
  • A second opinion that drastically differs from the initial care
  • A sudden or unexpected death following a routine medical procedure

If any of these apply, trust your instincts and seek legal advice. The earlier you act, the better.

📋 We’ll Help You Determine If You Have a Case — For Free

At Flaherty Fardo Rogel & Amick, we take pride in providing free case evaluations for individuals and families who suspect medical malpractice. Here’s how it works:

  • You’ll speak directly with an attorney, not just a staff member.
  • If we think your case has merit, we’ll offer to obtain and review the medical records.
  • When appropriate, we consult independent, board-certified physicians to determine whether the standard of care was violated and whether the negligence caused the injury.
  • We advance 100% of all costs if we accept the case — and you owe nothing unless we recover compensation for you.

📞 Contact Us Today for a Free Consultation

If you’re unsure whether you have a medical malpractice case, we’ll help you figure it out.
There’s no risk, no pressure, and no upfront cost.

📱 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Email us at info@pghfirm.com
🌐 Visit us online at www.pghfirm.com

You deserve answers — and we’re here to help you get them.

What Questions Should I Ask Before Hiring a Personal Injury Lawyer?

Hiring the right personal injury attorney can make all the difference in the outcome of your case. Before signing a fee agreement, you should ask the right questions to make sure the lawyer has the experience, resources, and commitmentto fight for you—not just take your case and disappear.

Here are the most important questions to ask:

🔍 1. What is your contingency fee—and are there any hidden costs?

Most personal injury lawyers charge a percentage (typically 33–40%) if they win. But you should also ask:

  • Who pays for case costs like experts or depositions?
  • If we lose, am I still responsible for those costs?

At Flaherty Fardo, you pay nothing unless we win, and we advance all costs up front.

🧠 2. Have you handled cases like mine before?

Not all personal injury lawyers have real trial experience or a record of success with serious injury cases. Ask:

  • Have you tried this type of case before (car accident, med mal, wrongful death, etc.)?
  • What were the outcomes?

We’ve recovered millions for injury victims in a wide range of cases—and we’re proud of our trial record.

📅 3. When will my case be filed, and how long will it take?

You deserve a lawyer who moves your case forward, not one who lets it sit. Ask:

  • How quickly will my case be filed?
  • How long do you think it will take to resolve?

We treat every case with urgency, while always being trial-ready.

⚖️ 4. Will you be the attorney actually handling my case?

At some firms, you’ll meet a partner at intake—and then never hear from them again. Ask:

  • Will I have direct contact with you throughout my case?
  • Who handles day-to-day updates and communication?

At Flaherty Fardo, you’ll work directly with a dedicated attorney, not just support staff.

💰 5. How will you maximize the value of my case?

Some firms chase quick settlements. Ask:

  • What is my case worth?
  • What’s your strategy for increasing its value?
  • Why should I trust you over another lawyer?

We build every case for trial, which often leads to better settlements—because the insurance companies know we’re prepared to win in court.

🙋‍♂️ 6. What do you expect from me as a client?

Ask what your role will be—how often you'll need to be involved, and what your responsibilities are throughout the process. Clear expectations lead to smoother outcomes.

🎯 Bottom Line:

You’re hiring someone to protect your future. Ask hard questions—and expect clear answers.

Want to ask us these questions directly? We welcome them.
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free consultation today.

What Should I Do After a Medical Mistake Has Happened?

If you suspect that you or a loved one has been the victim of a medical mistake or error, the actions you take immediately afterward can make a major difference — both for your health and for your legal rights. Medical malpractice cases are complex, and early action can help preserve critical evidence and improve your chances of a successful claim.

Whether the harm occurred in a hospital, during surgery, or under the care of a specific doctor or provider, here are the essential steps you should take after a suspected medical error in Pennsylvania:

✅ 1. Ask Direct Questions Immediately

Do not wait. One of the most effective ways to gather information is by asking direct questions to the doctors, nurses, or hospital administrators involved.

  • Ask, “What happened?”
  • “Was this a known risk or preventable complication?”
  • “Is there anything I should know that wasn’t discussed before treatment?”
  • “Who made the decision to…?” (order a procedure, delay treatment, discharge, etc.)

Doctors are often more honest in the hours or days immediately following a bad outcome — before legal or insurance departments intervene. You may receive critical admissions or explanations that won’t be repeated later.

We recommend:

  • Taking written notes during or immediately after any conversation.
  • Bringing a witness (friend, family member) to serve as a second set of ears.
  • Writing down names, times, job titles, and anything said that seemed unusual or alarming.

These early interactions can become crucial later if litigation becomes necessary.

📁 2. Request a Copy of the Medical Records Immediately

Do not delay. If you suspect a medical error, request a full set of medical records as soon as possible — ideally before you leave the hospital or medical office.

Medical records can be:

  • Edited, supplemented, or “updated” after the fact
  • Incomplete or missing critical data
  • Subject to delays in production, especially once a lawsuit is filed

Ask for:

  • Complete medical chart
  • Nursing notes
  • Medication logs
  • Surgical reports
  • Radiology images (on CD if possible)
  • Discharge summary
  • Consent forms
  • Audit trail if available (shows who accessed or altered the records)

Requesting records early ensures that you obtain them in their original form and avoids excuses or roadblocks down the line.

👨‍⚖️ 3. Contact a Medical Malpractice Attorney as Soon as Possible

The days and weeks after a medical error are the most critical time to begin an investigation. A skilled medical malpractice lawyer can:

  • Preserve evidence
  • Begin gathering medical opinions from experts
  • Help you understand whether a valid legal claim exists
  • Protect you from communicating with risk management or insurance reps without counsel

Most medical malpractice cases require an expert doctor to confirm that the care fell below accepted standards and caused harm. Lawyers with experience in this area — like our firm — have access to board-certified physicians to review your case early and confidentially.

Time is a factor. In Pennsylvania, medical malpractice claims are governed by strict statutes of limitations, typically requiring lawsuits to be filed within 2 years of the date of injury (or when the injury was discovered or reasonably should have been discovered). For minors, the deadline is extended, but early action is still crucial.

⚠️ Bonus Tips

  • Do not sign any releases or settlements from the hospital or doctor until you speak with a lawyer.
  • Preserve any evidence (photos, medication bottles, surgical implants, or written instructions).
  • Avoid discussing the event on social media. Anything you say publicly may be used against you later.
  • Keep a journal of your symptoms, recovery, and how the injury has impacted your daily life.

🩺 We Can Help

At Flaherty Fardo Rogel & Amick, we take medical malpractice seriously. If you suspect a medical mistake, we will listen to your story, provide an honest evaluation, and — if appropriate — begin a detailed investigation with expert physician input.

We offer free consultations and will advance 100% of the costs if we accept your case. There is no fee unless we win.

📞 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Email us at info@pghfirm.com
🖥️ Learn more at www.pghfirm.com

Your health and your future matter. Let us help you take the right steps forward.

Should I Talk to the Other Driver’s or Defendant’s Insurance Company After an Injury?

No. If you’ve been injured and believe someone else is at fault, you should not speak directly with the defendant’s insurance company without legal representation.

Insurance adjusters may contact you soon after the accident, often sounding friendly or “just wanting to get your side of the story.” But remember:
🛑 Their goal is to protect their company—not you.

They may try to:

  • Get you to give a recorded statement that can be used against you later
  • Get you to admit partial fault or downplay your injuries
  • Ask leading or manipulative questions
  • Offer a quick, low settlement before you know the full extent of your injuries

Even seemingly harmless conversations can be used to weaken your claim or reduce your compensation.

🎯 Let Your Lawyer Do the Talking

At Flaherty Fardo Rogel & Amick, we handle all communication with insurance companies so that you don’t have to worry about saying the wrong thing. Our job is to protect your rights and make sure your claim is taken seriously from day one.

If you’ve been contacted by the other party’s insurance company, don’t respond alone.
📞 Call 412.802.6666 or 📧 email info@pghfirm.com today for a free consultation.

How Do I Get a Copy of My Medical Records in Pennsylvania?

Obtaining a copy of your own medical records should be simple — but in reality, many hospitals and doctors' offices make the process frustrating and slow. Patients are often met with delays, red tape, or excuses about why records cannot be provided quickly. However, you have a legal right to access your medical records under both federal and Pennsylvania law.

🔑 Your Right to Access Medical Records

Under the Health Insurance Portability and Accountability Act (HIPAA) and Pennsylvania’s Medical Records Act, patients have the right to obtain copies of their own records, including:

  • Office visit notes
  • Operative reports
  • Discharge summaries
  • Imaging studies (X-rays, CTs, MRIs)
  • Lab results
  • Prescriptions
  • Billing records

You can also authorize someone else — like a family member or attorney — to obtain them on your behalf by signing a proper HIPAA-compliant authorization.

✅ Steps to Obtain Your Medical Records in Pennsylvania

  1. Identify the correct medical records department.
    • For hospitals, contact the Health Information Management (HIM) or Medical Records Department.
    • For private practices, speak directly to the office manager or the billing staff — not just the receptionist.
  2. Request the provider’s medical records release form.
    • Most hospitals and healthcare systems (UPMC, AHN, etc.) have their own medical record request formsavailable online.
    • You can also send a general HIPAA-compliant request letter if they don’t have a specific form.
  3. Include the following in your written request:
    • Your full name and date of birth
    • The exact records you’re requesting (include specific dates of treatment)
    • How you’d like to receive them (electronic, CD, paper copy)
    • A signed HIPAA authorization (if you are having a lawyer or representative request them)
  4. Submit the request directly to the provider.
    • Send your request by fax, email, or certified mail so you have a record of when it was sent.
    • Some providers use third-party vendors like Ciox or MRO to handle records. Ask who is managing their requests.
  5. Follow up.
    • HIPAA requires that records be provided within 30 days, though many providers try to delay.
    • If they haven’t complied, you can file a complaint with the U.S. Department of Health and Human Services (HHS) or the Pennsylvania Department of Health.

📝 Special Notes for Malpractice Cases

If you’re considering a medical malpractice case in Pennsylvania, getting complete and timely access to your records is critical. Our firm typically handles all medical record requests for our clients, and we ensure the requests are properly drafted, track delivery, and confirm that all relevant materials are provided, including:

  • Radiology CDs
  • Nursing notes
  • Medication administration records
  • Audit trails (in certain cases)

We also make sure the full electronic medical record (EMR) is requested, including internal messages, provider access logs, and other hidden data that often helps prove malpractice.

⚠️ Can They Charge Me?

Yes, but only within limits. Pennsylvania law allows providers to charge a reasonable fee for copying medical records:

  • A flat retrieval fee may apply.
  • Per-page charges (e.g., $1.64 for the first 20 pages, $1.22 for pages 21–60, and $0.41 thereafter) can apply for paper copies.
  • Electronic records must be provided at a lower cost (usually capped at $6.50 under HIPAA if provided electronically).

Fees must be disclosed in advance. If the fees are unreasonable or not clearly itemized, you can dispute them.

🩺 Need Help?

If you're having trouble getting your medical records — or you're unsure where to begin — our firm can help. We routinely assist clients in securing complete medical records for malpractice reviews and legal actions.

📞 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Or email our office info@pghfirm.com
🖥️ Learn more at www.pghfirm.com

We’re here to help you get the information you’re entitled to — and to fight for justice if your care was negligent.

Should I Sign Any Forms or Releases from the Other Party’s Insurance Company?

No. You should never sign any forms, medical releases, or settlement documents from the defendant’s insurance company without first speaking to an experienced personal injury lawyer.

Insurance companies may ask you to sign:

  • Medical authorization forms (to access your health records)
  • Liability waivers or settlement releases (to permanently close your case)
  • Statements or written summaries of the accident

These may seem routine—but they’re often designed to limit the amount the insurance company has to pay you. Even something as simple as signing a medical release could give them access to your entire medical history—not just records related to your injury—and they may use this to argue that your injuries were preexisting.

⚠️ Signing the wrong form too early could destroy your case.

Many people unknowingly sign away their rights before understanding the full extent of their injuries or what their case is truly worth. Once you sign a settlement release, you typically can’t go back—even if more serious problems arise later.

🎯 Our Advice: Let Your Lawyer Handle All Insurance Communications

At Flaherty Fardo Rogel & Amick, we handle all contact with the insurance companies for you—from start to finish—so that your rights are protected and you don’t accidentally sign something that harms your claim.

Have questions about something the insurance company sent you?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com before you sign anything.

Should I Go Back to the Same Doctor After a Medical Mistake?

It depends — but proceed with caution.

At Flaherty Fardo, we never give medical advice, and your health should always come first. If you believe a particular doctor offers the best care for your condition, you should do what is best for your medical well-being — regardless of any legal concerns.

That said, from a legal perspective, we generally do not recommend continuing treatment with a doctor or provider you believe may have committed malpractice — unless it is absolutely necessary for your health or continuity of care.

There are two important reasons for this:

  1. Trust and safety: If you believe a doctor made a serious medical error, it’s reasonable to question whether that same doctor should continue treating you or your loved one.
  2. Credibility in court: Juries may view it skeptically if a patient continues to treat with the same doctor they are suing for negligence. It can create confusion or suggest that the alleged malpractice wasn’t as serious as claimed.

This advice can vary in cases involving hospital systems or teams of providers, where ongoing treatment may be unavoidable or less clearly tied to the individual accused of wrongdoing.

Choosing your doctor is a deeply personal and medical decision — and your health must always come before any legal strategy. But if you're pursuing a malpractice claim, it's important to understand how continued treatment with the same provider may impact your case.

📞 If you’d like a free consultation to discuss your legal options, call Noah Paul Fardo at 412.855.5511 or reach our office at 412.802.6666
📧 Or email us anytime at info@pghfirm.com

We're here to help you make smart, informed decisions.

Can I Settle My Personal Injury Case Without Filing a Lawsuit?

Yes, it’s often possible to settle a personal injury case without filing a lawsuit—but it depends on the facts, the strength of your case, and how reasonable the insurance company is willing to be.

At Flaherty Fardo Rogel & Amick, we always explore early settlement options if it’s in your best interest. In some cases, especially where liability is clear and medical treatment is complete, we can negotiate a fair settlement before ever going to court.

That said, many serious or high-value cases require us to file a lawsuit to apply pressure and show we’re serious. Even then, most personal injury lawsuits settle before trial—often during the discovery phase or in mediation.

🎯 Our Philosophy: Prepare Every Case for Trial

We believe the best settlements happen when the other side knows we’re fully prepared to go to court. From day one, we build every case as if it’s going to trial—because that’s what maximizes leverage and results.

Whether through settlement or trial, our goal is always the same: to get you full and fair compensation.

Want to know if your case can be settled early?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free consultation.

How Do I Find the Best Pittsburgh Medical Malpractice Lawyer for My Case?

Finding the best medical malpractice lawyer in Pittsburgh means finding someone with the right experience, trusted reputation, and a personal approach you feel confident in. Medical malpractice cases are complex, time-intensive, and often require significant resources to pursue. Not every attorney is equipped to handle them effectively.

To help ensure you choose the right lawyer for your case, here are a few essential tips:

✅ Research Their Experience

Make sure the attorney regularly handles medical malpractice cases, not just personal injury claims in general. Ask how many malpractice cases they’ve handled, what kinds of results they’ve achieved, and whether they’ve taken cases to trial.

✅ Ask About Medical Resources

Good malpractice lawyers have access to qualified medical experts and know how to interpret complex medical records. Without that, your case likely won’t go far.

✅ Look for Real Involvement

Avoid firms that assign cases to associates or case managers. You want an attorney who is personally invested in your case and available to communicate directly.

✅ Read Reviews and Client Testimonials

Look for attorneys with consistent, positive client feedback — not just flashy ads or awards.

✅ Schedule Consultations

Speak with more than one law firm. Ask them tough questions. See who listens, who is honest, and who you trust most with something this serious.

Since 1997, Flaherty Fardo Rogel & Amick has helped malpractice victims throughout Pennsylvania. We’ve handled cases involving misdiagnosis, surgical errors, hospital negligence, and wrongful death, and we take pride in offering our clients direct access to their attorney every step of the way.

📞 For a free consultation, call Managing Attorney Noah Paul Fardo at 412.855.5511 or reach our office at 412.802.6666
📧 Or email us at info@pghfirm.com

We’d be honored to talk with you — and if we take your case, we will work hard to help you.

How Long Does a Personal Injury Lawsuit Take in Pennsylvania?

Every personal injury case is different, and the timeline depends on several factors, including the severity of the injury, whether liability is disputed, and whether the case settles or goes to trial.

Here’s a general breakdown:

⏱️ Fast Settlements

Some cases settle within a few months—especially if liability is clear, medical treatment is complete, and the insurance company is willing to negotiate fairly.

⏳ Typical Lawsuit Timeline

If a lawsuit is filed, most Pennsylvania personal injury cases take between 12–24 months to resolve. That includes time for:

  • Filing the complaint
  • Discovery (exchange of evidence and depositions)
  • Expert reports
  • Settlement negotiations
  • Trial (if necessary)

⚖️ Why Some Cases Take Longer

Your case might take longer if:

  • You’re still treating for serious injuries
  • Expert medical or liability opinions are needed
  • The defendant disputes fault
  • Multiple parties or insurance companies are involved
  • The court schedule is delayed (which happens often)

🎯 Our Approach

At Flaherty Fardo, we work to move every case forward as efficiently as possible—without sacrificing the quality of the outcome. We push hard in negotiations but are always prepared to take your case to trial if that’s what’s required to get fair compensation.

Want to better understand how long your case may take?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free consultation with our personal injury team.

Will You Review My Medical Malpractice Case for Free?

Yes — we offer free consultations, but not every case receives a full physician review.

Our process begins with a conversation — you’ll speak directly with an experienced medical malpractice attorney who will listen, ask questions, and offer honest initial impressions at no cost to you.

If we believe your case has potential merit, we may then offer to obtain and review your medical records. In appropriate cases, we will also have those records reviewed by a physician to determine whether there was a deviation from the standard of care.

However, we do not offer full physician reviews in every case. We must first determine:

  1. Whether medical negligence likely occurred, and
  2. Whether that negligence caused meaningful harm.

If both criteria are met, and we accept your case, we will advance 100% of the costs — including expert reviews, medical records, depositions, and court filings. You only repay us if we win.

📞 To schedule a free consultation, call Managing Attorney Noah Paul Fardo directly at 412.855.5511 or reach our office at 412.802.6666.
📧 You can also email us at info@pghfirm.com.

We’re here to listen — and if we can help, we will work hard on your case.

What Is the Statute of Limitations for Personal Injury Cases in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is two (2) years from the date of the accident or injury. This deadline applies to most cases involving:

  • Car accidents
  • Slip and falls
  • Medical malpractice
  • Dog bites
  • Wrongful death
  • Other negligence-based claims

⏳ Are There Exceptions?

Yes. Pennsylvania law allows limited exceptions where the deadline can be extended or “tolled”:

🔹 Minors

If the injured person is under 18, the statute is paused (“tolled”) until their 18th birthday. They then have until age 20to file a personal injury claim.

🔹 Discovery Rule

If you didn’t know—and couldn’t have reasonably known—that someone’s negligence caused your injury (such as in some medical malpractice or misdiagnosis cases), the clock may not start until the date you discovered or should have discovered the harm.

🔹 Other Tolling Scenarios

Other rare exceptions may apply, such as if the defendant left the state or actively concealed the wrongdoing.

⚠️ Missing the statute of limitations means you lose your right to recover—no matter how strong your case is.

If you're unsure whether your case is still within the legal time limit, don’t wait. Consult a personal injury attorney immediately to protect your rights.

📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free case review.

What Do You Charge for Medical Malpractice Cases?

We handle all medical malpractice and medical negligence cases on a contingency fee basis — meaning:

👉 You pay nothing unless we win.

Our law firm advances 100% of the costs necessary to pursue your case, including:

  • Expert medical reviews and testimony
  • Filing fees and court costs
  • Depositions and litigation expenses

We are only reimbursed for those costs out of your share of the recovery, and only if we are successful. There is absolutely no financial risk to you or your family.

At Flaherty Fardo, we routinely invest substantial resources into prosecuting complex malpractice cases. If we accept your case, it’s because we believe in it — and in you.

If you or a loved one has suffered due to medical negligence, we offer free consultations and will make any accommodations necessary, whether that means meeting at your home, hospital, or over the phone.

📞 Call us at 412.802.6666
📧 Email us at info@pghfirm.com
We're here to listen — and to help.

What Is a Tort in a Personal Injury Case?

A tort is a legal term that simply means a wrongful act that causes harm to another person. In personal injury law, a tort gives the injured person the right to file a civil lawsuit to recover money for their losses.

There are two main types of torts:

  • Negligent torts – when someone is careless and causes an accident (like a car crash, slip and fall, or medical mistake)
  • Intentional torts – when someone harms another person on purpose (such as assault or defamation)

If you’ve been hurt due to someone else’s actions—whether accidental or intentional—you may have the right to file a tort claim in Pennsylvania and seek compensation for:

  • Medical bills
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Property damage

At Flaherty Fardo Rogel & Amick, we help victims understand their rights under Pennsylvania tort law and fight for full and fair compensation.

Not sure if you have a valid tort claim?
📞 Call us at 412.802.6666 or 📧 email info@pghfirm.com for a free consultation with an experienced Pittsburgh personal injury attorney.

What Is The Standard Fee Agreement For Medical Malpractice Cases?

The most standard attorney fee for medical malpractice cases in Pennsylvania is 40% of the total recovery, whether through settlement or verdict.

Importantly, clients never pay out-of-pocket unless there is a recovery. Any costs advanced by our firm (such as expert witness fees, filing fees, and medical records) are reimbursed from the client’s portion of the recovery only if we win.

We attempt to keep our clients fully informed of case-related expenses throughout the litigation so they always understand what is being spent — and what will ultimately be deducted from their portion of the recovery.

If you have questions about contingency fees or want to discuss your specific situation, we offer free consultations.
📞 Call us at 412.802.6666 or 📧 email info@pghfirm.com to speak directly with a malpractice attorney.

What Is an Intentional Tort, and Can I Sue for It in Pennsylvania?

An intentional tort is when someone deliberately causes harm to another person. Unlike negligence—where someone is careless or reckless—intentional torts involve willful conduct meant to hurt, threaten, or invade someone’s rights.

Common examples of intentional torts in Pennsylvania include:

  • Assault and battery
  • False imprisonment
  • Intentional infliction of emotional distress
  • Defamation (libel or slander)
  • Trespass or invasion of privacy

In personal injury cases involving intentional acts, the injured party may be entitled to compensatory damages (to cover medical bills, lost wages, and pain and suffering), as well as punitive damages, which are meant to punish especially reckless or malicious behavior.

These cases can be more complex, especially if criminal charges are also involved. But civil lawsuits can still be filed to pursue justice and financial compensation—even if the person is also facing criminal prosecution.

If you believe you were intentionally harmed by someone else, speak with an experienced personal injury lawyer.
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free, confidential consultation.

Should You Try to Settle Your Medical Malpractice Case Before Filing Suit?

It depends. In some situations, early resolution can be a smart strategy — especially if liability is clear and the hospital or physician expresses a willingness to negotiate in good faith. We have successfully resolved a number of cases through early resolution programs with local healthcare providers.

However, most medical malpractice claims are not taken seriously until after a lawsuit is filed. Filing suit shows the defendants that you're prepared to fight — and it allows the case to be properly valued once they see:

  • The detailed legal allegations
  • The extent of your injuries and damages
  • The expert report from your physician stating there was clear negligence

The value of a case often increases after a complaint is filed because the defense can no longer ignore or downplay your claim. At that point, they are forced to evaluate their risk of liability and potential damages at trial.

We always explore early settlement if it makes sense — but we never advise settling prematurely if it means undervaluing your case.

Ultimately, the decision to settle or proceed to trial is always yours. Our role is to make sure you have the information, expert support, and legal advice you need to make the best possible choice for your future.

Questions about your options? Contact us at 412.802.6666 or email info@pghfirm.com for a free consultation.

How Long Does A Medical Malpractice Case Take in Pennsylvania?

It depends — but most medical malpractice cases in Pennsylvania take anywhere from 18 months to 2.5 years to reach resolution. Some cases, particularly those involving complex medical issues, multiple defendants, or appeals, may take 3 to 5 years or longer to fully prosecute through trial and post-trial motions.

Every case is unique. The timeline depends on:

  • The number of healthcare providers or institutions involved
  • The volume and complexity of the medical records
  • The need for expert reviews in multiple specialties
  • The court’s schedule
  • Whether the defense engages in delay tactics or offers early settlement

⚠️ Caution: Some lawyers may sign a case but then fail to move it forward efficiently. We’ve seen cases languish for years because the attorney didn’t prioritize the client’s interests.

At Flaherty Fardo Rogel & Amick, we work hard from day one to push your case forward strategically. Whether we’re pursuing early settlement or preparing for trial, our goal is to resolve your case as efficiently and effectively as possible— without unnecessary delay.

Contact us today at 412.802.6666 or email info@pghfirm.com for a free consultation about your case.

What Is Negligence in a Pennsylvania Personal Injury Case?

In Pennsylvania personal injury law, negligence means that someone failed to act with reasonable care, and that failure caused harm to another person.

To prove negligence in a personal injury case, four key elements must be shown:

  1. Duty – The person or company owed you a legal duty of care
  2. Breach – They breached (violated) that duty by acting carelessly or recklessly
  3. Causation – Their actions directly caused your injury
  4. Damages – You suffered actual harm, such as physical injury, financial loss, or emotional distress

📌 Example:

If a driver runs a red light and crashes into your car, they may be considered negligent because they breached their duty to follow traffic laws and caused your injuries.

In some cases, if someone violates a law meant to protect public safety—such as driving drunk or failing to maintain safe premises—it may be considered “negligence per se,” which can make proving fault easier.

At Flaherty Fardo Rogel & Amick, we thoroughly investigate every case to determine if negligence occurred and fight to hold the responsible party accountable.

Think you may have been injured because of someone else’s negligence?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free case evaluation today.

What is Negligent Entrustment?

Negligent entrustment is a legal theory that allows an injured party to hold someone other than the driver responsible for a car accident—typically the vehicle’s owner. In Pennsylvania, negligent entrustment applies when a person or entity allows someone unfit, incompetent, or dangerous to drive a vehicle, and that person causes an accident.

This type of claim is often used when:

  • A parent lends a car to a reckless teen driver
  • A company lets an unlicensed employee drive a work vehicle
  • A friend knowingly gives their car keys to someone who is intoxicated

✅ Legal Definition of Negligent Entrustment

Under Section 308 of the Restatement (Second) of Torts, negligent entrustment occurs when:

“It is negligence to permit a third person to use a thing... if the actor knows or should know that such person intends or is likely to use the thing... in such a manner as to create an unreasonable risk of harm to others.”

In simpler terms: If someone knowingly allows an unfit person to drive their car—and that driver causes an accident—the vehicle owner may be legally liable.

✅ When Does Negligent Entrustment Apply in a Car Accident Case?

To successfully prove negligent entrustment in Pennsylvania, five elements typically must be shown:

  1. Permission: The vehicle owner allowed someone else to use their car (expressly or impliedly).
  2. Unfitness: The driver was unfit or incompetent to operate the vehicle safely.
    • Examples:
      • Driving under the influence
      • Driving with a suspended or no license
      • Being underage or legally prohibited
      • Suffering from a medical condition that impairs driving
      • A known history of reckless driving or DUIs
  3. Knowledge: The owner knew or should have known that the driver was unfit or dangerous.
    • Evidence may include: prior warnings, past violations, or communications
  4. Negligent Operation: The driver was negligent and caused the accident.
  5. Causation: The driver’s unfitness and negligence caused the plaintiff’s injury.

✅ Negligence vs. Negligent Entrustment: What’s the Difference?

  • Negligence refers to the conduct of the driver who caused the accident.
  • Negligent entrustment holds the vehicle owner liable for allowing that driver to operate the vehicle.

Both can be filed as separate claims in a personal injury lawsuit under Pennsylvania law.

✅ Examples of Negligent Entrustment

  • A parent lends their car to a teen with a known history of speeding, who crashes.
  • A company allows an employee with a suspended license to drive a delivery vehicle.
  • A person knowingly lets a drunk friend borrow their car.
  • A caregiver lets an elderly relative with dementia drive, resulting in a serious accident.

✅ Why Negligent Entrustment Matters in Injury Cases

Negligent entrustment claims can:

  • Expand liability beyond the driver to include the vehicle owner, employer, or third party
  • Increase available insurance coverage, especially when the driver is uninsured or underinsured
  • Encourage responsible vehicle ownership and supervision

✅ Is Negligent Entrustment Hard to Prove?

It can be. The most difficult element is often showing that the owner knew or should have known about the driver’s unfitness. But with the right evidence—such as prior records, texts, or witness statements—these claims can be successful.

✅ Can Employers Be Sued for Negligent Entrustment?

Yes. Employers are frequently held liable when:

  • They fail to screen or train drivers
  • They ignore red flags (like license suspensions or safety violations)
  • They allow unsafe use of company vehicles

These cases often overlap with claims for negligent hiring, supervision, or retention.

✅ How Do You Plead Negligent Entrustment in Pennsylvania?

In a lawsuit, negligent entrustment should be pled as a separate count from negligence. Your complaint must outline:

  • The relationship between the owner and driver
  • Facts showing the driver’s incompetence
  • What the owner knew or should have known
  • How the entrustment led to the injury

⚠️ Like most personal injury claims, negligent entrustment must be filed within 2 years of the accident in Pennsylvania.

✅ What Should You Do If You Suspect Negligent Entrustment?

If you’ve been injured in a crash and believe someone else knowingly allowed an unfit driver to operate a vehicle, it’s important to:

  • Preserve all evidence (texts, records, witness statements, police reports)
  • Contact an experienced personal injury attorney
  • Act before the legal deadline expires

Negligent entrustment claims can make a significant difference in your case—especially when the at-fault driver has limited insurance.

📞 Need Help Investigating a Negligent Entrustment Claim?

At Flaherty Fardo Rogel & Amick, our Pittsburgh injury lawyers have successfully handled thousands of car accident cases, including those involving negligent entrustment, drunk drivers, and employer liability.

We’ll help investigate the facts, identify all responsible parties, and pursue maximum compensation for your injuries.

📞 Call 412.802.6666
📧 Email info@pghfirm.com
📍 Serving clients across Pittsburgh and Western Pennsylvania.

‍

Do You Really Only Charge a Fee If You Win My Personal Injury Case?

Yes. At Flaherty Fardo Rogel & Amick, we handle all personal injury cases on a contingency fee basis—which means you pay nothing upfront, and there are no attorney fees unless we win or settle your case.

If we don’t obtain a financial recovery for you, you owe us nothing.

We also advance 100% of the litigation costs needed to pursue your case. This includes:

  • Hiring expert witnesses
  • Paying court filing fees
  • Obtaining medical records
  • Conducting depositions and investigations

These costs are only reimbursed if we are successful and come out of your portion of the recovery—not on top of it. Everything is fully explained in writing before you hire us, and we’re always available to answer your questions throughout the process.

Want to learn more about how our fee agreements work?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free case evaluation.

How Long Does a Medical Malpractice Case Take in Pennsylvania?

It depends — but most medical malpractice cases in Pennsylvania take anywhere from 18 months to 2.5 years to reach resolution. Some cases, particularly those involving complex medical issues, multiple defendants, or appeals, may take 3 to 5 years or longer to fully prosecute through trial and post-trial motions.

Every case is unique. The timeline depends on:

  • The number of healthcare providers or institutions involved
  • The volume and complexity of the medical records
  • The need for expert reviews in multiple specialties
  • The court’s schedule
  • Whether the defense engages in delay tactics or offers early settlement

⚠️ Caution: Some lawyers may sign a case but then fail to move it forward efficiently. We’ve seen cases languish for years because the attorney didn’t prioritize the client’s interests.

At Flaherty Fardo Rogel & Amick, we work hard from day one to push your case forward strategically. Whether we’re pursuing early settlement or preparing for trial, our goal is to resolve your case as efficiently and effectively as possible— without unnecessary delay.

Contact us today at 412.802.6666 or email info@pghfirm.com for a free consultation about your case.

What Is the Standard Contingency Fee Agreement in a Personal Injury Case?

In most personal injury cases, attorneys work on a contingency fee basis. This means that you don’t pay any attorney fees upfront. Instead, your lawyer’s fee is contingent upon successfully recovering money for you—whether through settlement or trial.

Under a standard contingency agreement:

  • You pay nothing unless your case is successful
  • If your case is successful, the attorney receives a percentage of the total recovery, typically ranging from 25% to 40%, depending on the complexity and stage of the case
  • There is no financial risk to you—you won’t owe attorney fees if there is no recovery

Contingency agreements are designed to align your lawyer’s goals with your own. Because their payment depends on the result, your personal injury attorney is motivated to maximize your compensation.

At Flaherty Fardo Rogel & Amick, we also advance all necessary case costs and are only reimbursed if we win. Our fee agreements are always explained in writing, and we’re happy to walk you through every detail before you sign.

Have questions about how a contingency fee would work in your case?
📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free consultation with an experienced Pittsburgh personal injury lawyer.

Will I Have to Pay Any Costs in a Pennsylvania Medical Malpractice Case?

Typically, no — our clients do not pay any out-of-pocket costs during the case and are not at risk for personal financial loss if the case is unsuccessful.

At Flaherty Fardo Rogel & Amick, we advance the litigation costs necessary to prosecute the case, including expert fees, medical records, depositions, and court filings. These costs are only reimbursed to the firm if and when there is a successful recovery. In other words, we only get paid if you get paid.

Clients are responsible for reimbursing the firm’s advanced costs from their portion of the recovery, but not before. Throughout the case, we provide transparent updates so our clients are always informed about what costs have been incurred.

We are mindful to keep expenses reasonable and strategic. Our goal is to maximize your net recovery, not to over-litigate or waste resources.

Questions? Call us today at 412.802.6666 or email us at info@pghfirm.com for a free consultation.

How Are Costs Calculated in Personal Injury Cases?

Most people have heard the phrase: “No fee unless we win.” And while it’s true that personal injury lawyers typically work on a contingency fee basis, many clients are surprised to learn that case costs are also deducted from their share of the recovery—not from the attorney’s fee.

Here’s how it works:

📌 Example:

A case settles for $100,000.

  • The attorney takes a 40% contingency fee ($40,000)
  • That leaves the client’s portion at $60,000

But what about the costs?

If the law firm spent $11,000 on expert reports, court filings, depositions, or medical records:

  • The $11,000 in costs gets deducted from the client’s $60,000
  • The client receives $49,000
  • The attorney ends up with $51,000 (fee + reimbursement for costs)

This can leave clients wondering why their lawyer received more than they did—especially when the advertising never explains this part.

What Are “Costs” in a Personal Injury Case?

Costs can include:

  • Expert witness fees
  • Medical records and reports
  • Court filing and service fees
  • Deposition transcripts
  • Travel expenses (flights, hotels, meals, etc.)

While many of these costs are necessary to build a strong case, clients have a right to transparency. Unfortunately, some firms make decisions about costs without ever consulting the client—sometimes spending aggressively, knowing those costs will be reimbursed.

Our Approach at Flaherty Fardo

We believe clients should stay involved and informed. That’s why we:

  • Itemize and share all case costs upon request
  • Encourage clients to ask for copies of all expense checks
  • Discuss strategy and expert expenses before they are incurred

This not only keeps you informed, but often helps keep costs reasonable—because accountability matters.

Have questions about how legal fees and costs work in your injury case?
📞 Call us at 412.802.6666 or 📧 email info@pghfirm.com for a free consultation.

How Much Is My Medical Malpractice Case Worth in Pennsylvania?

The value of a medical malpractice case in Pennsylvania depends on several key factors — primarily the severity of the harm suffered and the degree of negligence by the healthcare provider.

Injured patients can pursue compensation for a range of damages, including:

  • Past and future medical expenses
  • Lost wages and lost earning capacity
  • Out-of-pocket costs related to the injury

In addition to these economic losses, Pennsylvania law also allows recovery for pain and suffering, which may include:

  • Physical pain and discomfort
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • Loss of companionship or reduced likelihood of marriage

Every case is different. The nature of the injury, the recklessness of the conduct, the credibility of the parties, and the venue (location of trial) all influence potential case value. Pain and suffering awards are highly subjective and vary with each jury.

The true value of a malpractice case is only determined after a careful analysis of the evidence, the parties involved, the strength of expert medical opinions, and a complete understanding of how the injuries have affected the plaintiff’s life.

At Flaherty Fardo Rogel & Amick, we take the time to get to know our clients, investigate thoroughly, and evaluate each case with the respect it deserves. If you have questions about the potential value of your case, we offer free consultations and honest assessments.

Contact us today at 412.802.6666 or email info@pghfirm.com to schedule a consultation.

Why Should I Choose Flaherty Fardo as My Personal Injury Attorneys?

For over 25 years, Flaherty Fardo Rogel & Amick has been trusted by personal injury victims across Pittsburgh and Pennsylvania. We’ve recovered millions of dollars for our clients and earned hundreds of 5-star reviews for our compassion, communication, and results.

✅ Over 100 Years Combined Experience
✅ No Fee Unless We Win
✅ Millions Recovered in Settlements & Verdicts
✅ Direct Access to Your Attorney
✅ Dedicated to Client Satisfaction

We understand that no amount of money can undo serious injuries or loss. But fair compensation can ease the financial burden and help your family move forward. We’ll fight to hold negligent parties accountable—and treat your case like it matters, because it does.

📞 Call 412.802.6666 or 📧 email info@pghfirm.com for a free consultation with a Pittsburgh personal injury lawyer who will fight for you.

What Is the Pennsylvania ‘Certificate of Merit’?

The Pennsylvania Certificate of Merit is a mandatory statement from a qualified medical professional affirming that there is a reasonable probability that the care, skill, or knowledge exercised or exhibited in the treatment fell outside acceptable professional standards.

Since 2003, Pennsylvania law requires that a plaintiff’s attorney must file a Certificate of Merit in order to proceed with a medical malpractice lawsuit. This certificate must be signed by another physician — in the same or similar specialty — stating that there is a valid basis to believe the defendant was negligent and that the negligence caused harm to the patient.

Importantly, this certificate must be filed within 60 days of filing the complaint. Failure to obtain and file a valid Certificate of Merit can result in the case being dismissed. For anyone considering a medical malpractice lawsuit in Pennsylvania, understanding and securing a Certificate of Merit is a critical early step.

If you have questions about whether your case may qualify as malpractice, contact Flaherty Fardo Rogel & Amick for a free consultation at (412) 802-6666 or email us directly at info@pghfirm.com.

What Do Your Personal Injury Past Clients Say?

At Flaherty Fardo Rogel & Amick, we take pride in the long-term relationships we've built with our clients. As Pittsburgh personal injury lawyers, we understand that every client is going through one of the most difficult times of their life. Whether it's a serious car accident, wrongful death, or medical malpractice claim, our goal is simple: to fight relentlessly on your behalf—and treat you like we would our own family.

Many of our clients come to us after other law firms have turned them away. They often say they appreciated our honesty, responsiveness, and determination to go the extra mile. We’ve recovered millions of dollars in verdicts and settlements for injury victims across Pennsylvania—and we’ve earned 5-star reviews for doing so with compassion and personal attention.

Here are just a few things our past clients have said:

“Noah Fardo is a 5-star lawyer... He kept in touch with me through every step of the process, alleviating much of the anxiety associated with a lawsuit... he fought for me equipped with total knowledge, vigor and professionalism.”
— Mary, Pittsburgh, PA

“The law firm of Flaherty and Fardo made me feel like I was their only client… I was awarded a monetary value beyond my expectations.”
— D.L., Pittsburgh, PA

“Attorney Fardo walked me through the entire case, basically, hand-in-hand... Now my case has been successfully won and the estate received a large settlement.”
— P.R., Pittsburgh, PA

These stories reflect the values that guide every personal injury case we take on: dedication, experience, responsiveness, and results.

What Is Your Past Experience With Medical Malpractice Cases?

For more than 25 years, Flaherty Fardo has helped victims of medical malpractice recover substantial compensation for life-changing injuries and losses.

We have successfully handled a wide range of malpractice claims, including:

  • Surgical errors
  • Emergency room negligence
  • Misdiagnosis and delayed diagnosis
  • Failure to diagnose
  • Lack of informed consent
  • Hospital and nursing negligence

Our cases have involved a variety of healthcare providers—hospitals, surgeons, OB/GYNs, primary care physicians, specialists, and emergency department staff.

We’ve secured favorable settlements and verdicts in Allegheny County and across Pennsylvania, including Washington, Westmoreland, Elk, Fayette, and Clearfield Counties.

Medical malpractice lawsuits are among the most complex and resource-intensive cases to pursue. They require deep legal knowledge, strong expert support, and the ability to challenge powerful healthcare systems. We believe our consistent success stems from our tireless preparation, our commitment to clients, and our willingness to take on even the toughest cases.

If you believe you may have a malpractice claim, we offer free consultations and honest advice.

Do You Have Access to Doctors to Review My Medical Malpractice Case?

Yes. We work with a trusted network of board-certified physicians across multiple specialties who assist us in evaluating and prosecuting medical malpractice claims.

Access to qualified medical experts is one of the most important components of a successful malpractice case. These experts help us determine whether a healthcare provider violated the standard of care, and whether that negligence caused harm.

Over the years, we’ve built strong relationships with physicians who have provided expert opinions in surgical errors, misdiagnoses, medication mistakes, birth injuries, and other complex malpractice claims. When we review new cases, we often begin by consulting with specialists we’ve worked with before—and whose integrity and credentials we trust.

This depth of medical support is a key advantage we bring to our clients.

Why Should I Choose Flaherty Fardo as My Medical Malpractice Lawyer?

Because if we accept your case, we will give it the time, resources and attention it deserves.

Choosing the right medical malpractice attorney can be one of the most important decisions you make. At Flaherty Fardo, we offer experienced, aggressive representation with one focus: putting our clients’ best interests first.

We understand that the financial and emotional consequences of medical malpractice can last a lifetime. That’s why we only accept cases we are fully committed to—and when we do, we fight relentlessly to win.

Here’s what sets us apart:

  • Access to Medical Experts: We maintain an extensive database of trusted physicians and consultants across specialties. In medical malpractice cases, having the right medical experts can make or break your claim.
  • Proven Results: We have recovered millions of dollars for victims of malpractice across Pennsylvania. Our case experience includes surgical errors, hospital negligence, delayed diagnoses, informed consent violations, and more.
  • Hands-On, Personal Attention: We pride ourselves on being accessible. When you work with us, you’ll have direct communication with the lawyers handling your case. You’ll never be left wondering about the status of your claim.

If you or a loved one has suffered harm due to medical negligence, contact us today for a free and confidential consultation. We will tell you honestly if we can help—and if we can, we’ll go all in.

📞 412.802.6666
📧 info@pghfirm.com

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Noah Paul Fardo, Esq.
Managing Partner | Medical Malpractice & Personal Injury Attorney
Thank you for your submission. We try to respond promptly, often within hours. If you need immediate assistance, you can try texting 412.855.5511. Be in touch shortly.

Thank you,
‍Noah Paul Fardo
Managing Partner
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