Since 1997 | Your Pittsburgh Law Firm
Your Pittsburgh Law Firm

Texting While Driving

The Dangers of Texting and Driving

The texting ban for drivers in the state of Pennsylvania went into effect in March of 2012. However, though texting while behind the wheel is now against the law, countless drivers continue to use their phones or other handheld mobile devices to send or read messages while driving every single day. Due to their distraction, texting drivers cause hundreds of thousands of car accidents each year, many of which result in serious injuries or even death.

Driving while engaging in any type of distraction is always dangerous. Distractions are considered to be anything that causes any of the following types of distraction:

  • Visual—taking your eyes off of the road
  • Manual—taking your hands off the wheel
  • Cognitive—taking your mind off of what you are doing

Sending or receiving text messages is widely considered to be one of the most dangerous driving distractions because it causes all three types of distraction, as you must reach for and hold your phone, take your eyes off the road to look at the phone, and mentally process the contents of the message. Visual distractions tend to cause the most accidents as drivers often stray from their lane or fail to notice stopped traffic in front of them. Research shows that, on average, it takes approximately five seconds to read or send a text message. This means that at highway speeds, you may easily travel the length of a football field without looking at the road.

Holding Texting Drivers Responsible

Almost every driver knows that texting and driving is highly dangerous behavior. If they choose to text and drive regardless of the risk, they are acting negligently by disregarding the reasonable safety of other drivers. If you have been injured by a texting driver, an experienced Pittsburgh car accident attorney can help you recover by filing a personal injury lawsuit.

Texting and driving accidents can cause serious injury that may require emergency medical treatment, hospital stays, surgeries, doctor visits, home health care, medications and health supplies, time off work to recover, and more. Some people never recover from their injuries and are left with permanent disability and possibly the inability to work or take care of themselves ever again. Any victim of a texting and driving accident deserves to recover for any and all accident-related losses from the responsible driver. Our attorneys are committed to helping our clients obtain the highest possible award under the law.

Understanding The PA Survival Action

A Survival action is an action belonging to the estate of the decedent and not to the family members.

The Purpose of the Pennsylvania Survival Action is to allow the estate of the decedent to recover monies for pain and suffering suffered by the decedent prior to his/her death and/or suffered by his/her estate. In essence, the estate of the decedent is taking the place of the decedent and is entitled to recovery under Pennsylvania law.

The example taught in law school is when an individual is seriously hurt in an accident but does not pass away immediately. Instead, they suffer for a significant period of time. The Pennsylvania Survival Action allows the estate to substitute in the place of the decedent and recover for the actual pain and suffering endured prior to death.

Damages recovered under a survival action belong to the estate, and therefore are subject to estate and inheritance taxes. Also, these monies would pass under the decedent’s will to any listed beneficiaries as opposed to the Wrongful Death Statute, whereby the monies are awarded to the beneficiaries of the decedent based upon familial relationship.

Contact a Pennsylvania Car Accident Lawyer for a Free Consultation

If you have been injured in an accident caused by a driver who was texting, you deserve to be fully compensated for all of your losses. The personal injury attorneys at the Pittsburgh firm of Flaherty Fardo are dedicated to holding negligent drivers responsible for any injuries they cause, and will work to make sure you receive the maximum amount of compensation possible. We offer free consultations for all car accident victims, so do not hesitate to call us at (412) 802-6666 or fill out our online contact form on the right side of the page.

Case Results

Past success does not guarantee results but does help demonstrate our experience and knowledge as successful Pennsylvania trial attorneys.

$1.25 Million

Medical Malpractice - Botched Plastic Surgery

We filed a medical malpractice lawsuit on behalf of the victim of a negligently-performed breast reduction procedure. The case also explored the continuing issue of cosmetic surgeons attempting procedures that only board certified plastic surgeons should be performing. The case was resolved for $1,250,000.00.

$2+ Million

Personal Injury - Trucking Accident

This personal injury case involved an accident on a Pennsylvania highway against an out of state trucking company. After exhaustive discovery against the trucking company, we were able to help obtain a recovery in excess of $2,000,000.00.

$2.3+ Million

Personal Injury - Car Accident

This case involved a multi-million dollar recovery involving a pedestrian who was injured by an automobile. We helped achieve an early resolution of the case for a sum in excess of $2,300,000.00.

Flaherty | Fardo | Rogel | Amick

What Our Clients Say

"Amazing! The last thing I ever wanted to do was contact an attorney - have a bad image of them. That all changed after the not at fault accident with 5 kids in the car. We needed someone to fight for our rights. The other insurance company was arrogant and obstinate. I talked with attorney Fardo and realized we needed his help. Noah took over our case and began fighting for the rights of our kids. He accomplished what I never would have been able to - very happy with his communication, work ethic, and attitude. Keep us involved and most importantly, provided expert advice. I would definitely use him again and have referred many people to him for a variety of issues. A+++"

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Anonymous

"I cannot say enough good things about Mr. Fardo and his handling of my legal issues. He is in constant contact letting me know of any new developments. His professionalism and tireless preparation have made a difficult time much smoother to deal with. When you truly feel as if your attorney has your best interest at heart, it becomes very easy to step back and allow them to do their job. From very early on in my meetings with Mr. Fardo, he had my complete trust. He is trustworthy, has a great command of the law and is tenacious...in short, everything I had hoped for when I chose my lawyer."

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Daniel

"I have used Attorney Fardo as an attorney for over 10 years for personal and professional matters. In my professional career I have had dealings with dozens of attorneys. I chose to use Noah Fardo because of his accessibility and common sense attitude. Noah advises me on many issues and is always willing to listen, understand and recommend a course of action. It's a comfort to know that I can pick up the phone and talk to noah in person whenever the need arises unlike many law firms."

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Ron

"Had a small employment case, and Noah handled it with tenacity. He gave me updates about twice a week and what he said would happen in the beginning is exactly what played out. He acted as a true advocate and was worth every penny."

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Brian

"I've had the pleasure of knowing Noah Fardo for more than ten years. Over time he has represented me on a number of matters. Noah is conspicuously bright and exceptionally knowledgeable. That said, his best asset is his moral compass. Noah is a genuinely good person and can always be relied upon to do the right thing for his client. I enthusiastically recommend and endorse Noah Fardo."

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Tony

"Attorney Fardo was extremely knowledgeable and helpful in regards to estate planning for my grandmother. He was able to assist my family with many complex issues and saved us a substantial amount of money. I would definitely retain his legal services for other issues that may arise in the future and would highly recommend him to anyone seeking legal counsel."

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Lisa

"I required Noah's services for a property tax appeal as well as a shareholder labor dispute with a former company. I found Noah to be well accessible, sensitive to my needs and concerns and focused on doing what is best for me - the client. I found Noah to be very aggressive with my case while staying ethical in the process. I would highly recommend Noah Fardo and his firm."

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Anonymous

"I have known and worked with Noah Fardo for years. He has always been extremely professional and goes the extra mile for everyone. His work ethic and passion are second to none. His firm has always kept me well informed every step of the way. I couldn't be happier with his work and I highly recommend Noah and his firm."

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Anthony

"Noah has not only represented me in the past, but, as a fellow attorney, I never hesitate to make referrals to Noah. He is very professional, does an excellent job, cares about his clients, and responds promptly to calls and concerns of both current clients and prospective clients."

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Jamie

"NOAH HAS BEEN A GREAT ATTORNEY AND FRIEND FOR THE LAST 10 YEARS. HE ALWAYS LISTENS AND IS EASY TO TALK TO. HE TREATS MY FAMILY AND I LIKE WE ARE APART OF HIS FAMILY. THE STAFF AS WELL IS ALWAYS HELPFUL AND KIND."

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Charlie

"I currently reside in NC, and every time I require an attorney, I find myself comparing them to Noah. PA is lucky to have him. In terms of litigation, you can't find anyone better."

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Camille

"Mr. Fardo is one of the few attorneys left who properly charges you for his time. He has never overcharged me, he stays focused even though he has many cases going on at one time. His staff is very professional and knowledgeable. I would absolutely recommend Mr.Fardo to anybody."

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Joe

"We were referred to Noah of which became a blessing for us. It's sometimes an uneasy feeling working with someone you don't know. Noah made us feel very comfortable and yet held that professionalism needed to give us the confidence we needed in him. He kept us informed of every aspect of the case and at times we would have never expected we would receive Emails from him. He is extremely considerate of not only the party he is representing but others as well. All of the Ratings above do not fulfill the feelings we have for Noah. If you need an Attorney, this is the Man you WANT."

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W. David

"I have had three lawyers prior to hiring Mr. Fardo. He has out done each and every other lawyer I have ever had. Great knowledge and very responsive. I have been with this Lawfirm for 15 years and they have helped me with all of my business and personal legal issues. Thanks Mr. Fardo"

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Eddie

"My firm provides business consulting services to the healthcare space. I have referred Noah and members of his team to many clients over the years. He provides the type of personal service that my clients demand of me. I appreciate the personal services and look at his team as an extension of mine."

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Kevin

"Noah was referred by a long time friend. He responded quickly and made me feel supported. My personal injury case was pursued and settled to my great satisfaction. Everything about our interactions was exceptionally professional. His practice includes a team of dedicated professionals and state of the art facilities. Scheduling of depositions, record retrieval, and video conferencing went conveniently and smoothly. This was the first time I needed a lawyer; I’m glad I met Noah."

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Ralph

"My family used Flaherty Fardo after my husband was injured in an accident. This was our first experience with a law suit and we were very apprehensive. The entire process could not have gone smoother. We were kept up to date with every step of our case - and our outcome was much better than expected. I hope we never need a lawyer again, but if we do we would use them every day of the week!"

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Terri

"I'd never been involved in a lawsuit concerning a death before. But, when my uncle died unexpectedly in his apartment after the local utility company shut off his heat, I decided to ask several lawyers if they felt that the company was negligent. Attorney Noah Fardo was the only one who looked deeply into the details of the case and then decided a wrong had indeed occurred. Hands down, I'm glad that he was so thorough in his investigations. Attorney Fardo walked me through the entire case, basically, hand-in-hand. He'd call to update me through every stage of litigation, and when he had any news at all to report. I was never in the dark... or lost and confused about anything. I appreciated, so much, the personal touch he had with my case. I have to say, if there was an attorney who was ever-so determined, and unrelenting, it's Noah Fardo. Now my case has been successfully won and the estate received a large settlement. I can leave the trauma in the past."

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P. Robert

"Noah and his team are the absolute best. They took a very painful time of my life and completely made it so much better. They are very respectful of your situation and always answered questions in a timely manner. I do not know what would have happened if it wasn't for Noah. I cannot express how thankful I am for Noah and his team. There cannot possibly be anyone better!!!"

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Anonymous

"I’ve worked with Noah for over two decades and he has represented me in multiple cases, from civil litigation, tax issues, small business matters, to my divorce. He and his staff are very approachable and provide updates throughout the process. I have always felt very comfortable and at ease knowing that Noah is a simple phone call away for any of my legal needs."

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Anonymous

"I’ve been with Noah for over 10 years. His firm has represented myself and my three corporations over the last 10 years. He has been the best lawyer I’ve ever been a client of. The personal attention to each case I get from him and his colleagues is remarkable."

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Anonymous

"Attorney Fardo and his staff were responsive, available and walked me through the complex legal process in a simple and compassionate way. Incredible team!"

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Anonymous

"Working with Noah I’ve appreciated his fair and practical approach to getting things done. He fears nothing and goes about his business professionally and effectively. His colleagues and staff are always caring and timely. I especially appreciated step by step explanations and details keeping me comfortable thru the legal events. Online documents are convenient and I will continue to call on Noah for my advice and legal needs. Thanks for all."

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Anonymous

"Amazing! The last thing I ever wanted to do was contact an attorney - have a bad image of them. That all changed after the not at fault accident with 5 kids in the car. We needed someone to fight for our rights. The other insurance company was arrogant and obstinate. I talked with attorney Fardo and realized we needed his help. Noah took over our case and began fighting for the rights of our kids. He accomplished what I never would have been able to - very happy with his communication, work ethic, and attitude. Keep us involved and most importantly, provided expert advice. I would definitely use him again and have referred many people to him for a variety of issues. A+++"

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Anonymous

"I can not thank Noah, Stephanie, Bill and the rest of the firm enough!!! Every time we had to go to the office, or meet with them they were very understanding and willing to work around our schedules and appointments. When we went to their office they made us feel very welcome as well. I don't believe anyone can work as hard as these people can. They truly have a heart for the people they are working for and will work diligently and closely with their clients. They explained everything to us, being two 20 year olds injured extremely bad, and they helped us tremendously by getting us back on our feet with every tool and resource they had available after our wreck. I absolutely recommend Noah, Stephanie, and the rest of the firm all together!! They are just wonderful people and they are the up-most professionals you will meet. Thank you again Noah and Stephanie, and everyone else in the firm!!"

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Megan Elizabeth Deitsch

"Couldn't have asked for a better experience. They are a wonderful group who are efficient, patient, communicative and do their job very well.They kept me in the loop the whole time and were extremely helpful. I have used a different firm in the past and this was like night and day. If you are considering using Flaherty Fardo for your assessment appeal (or likely anything else they practice) then you found what you are looking for. A special thank you to Nicole who spearheaded my case and answered my never-ending questions. Top notch!"

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Glenn Birk

"'Highly Recommended' just isn't enough praise. They are by far the best I have ever worked with. Professional, but beyond that their personal touch is exactly what a medical malpractice client or personal injury client needs. Noah Fardo is amazing, but the entire firm were great to us. I honestly can't thank Bill Rogel, Nicole Hauptman Amick, and Jaclyn Gibson enough. Thank you all."

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Eli Schrock

I am an out of State client, over 1500 miles away, and through the 2 years of work on my case I never met anyone from the firm in person, yet they treated me like I lived down the street from the office.

I am very pleased with the professional teamwork, and their patience and timely responses to my requests and to the task at hand. They did all they could do to help with the difficult facts of my case, and I am pleased with the outcome. I would recommend this law firm to anyone with the assurance they would offer the same quality service to them as they did to me. Thank you Flaherty Fardo.

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Carole J. Boyd
Pittsburgh skyline and bridge

Personal Injury

 FAQs

Have you been hurt or injured?

In Pennsylvania, individuals are entitled to recover money if the accident or injury was caused by the intentional action, or negligence of another party. Step 1 is always asking whether the plaintiff has actually been hurt or injured. You can have a bad accident, but unless the plaintiff has been physically and/or financially harmed, then there may or may not be a case. Under Pennsylvania law, injured victims of personal injury are entitled to recover for physical, emotional and/or financial harm including the following:

  • physical pain,
  • scarring,
  • emotional pain,
  • stress, embarrassment and/or humility;
  • past and future medical bills,
  • past and future lost wages,
  • any other reasonable ‘out-of-pocket’ expenses, and
  • loss of the enjoyment of life’s pleasures.

It is up to a jury to determine what is fair compensation for physical and emotional pain. In Pennsylvania, lawyers are not allowed to ask for specific amounts for pain and suffering, and instead jurors are free to use their own life experiences when issuing verdicts and awards.

Was the accident somebody else’s fault?

You can only receive money if someone else caused the injury or accident. To win, you must prove that the other party acted either:

  1. intentionally, and/or
  2. negligently.

Negligence is defined as failure to exercise due care. This means that someone else acted carelessly or without adequate caution. Under the law, people are expected to exercise reasonable care around other people. When someone is careless and causes harm, the injured party may sue the responsible party for all of the harm and damage suffered. Proving that another party was negligent is not always easy. The responsible party may not admit fault, and the injured victim will be left having to prove in court that another party was responsible for their damages.

Preponderance of the Evidence

In Pennsylvania personal injury cases, the injured victim must prove by a “preponderance of the evidence” each element of their case. The burden in personal injury cases is less than in criminal cases, where the burden of proof is ‘beyond a reasonable doubt’. In civil cases, the plaintiff does not have to prove ‘beyond a reasonable doubt’. They must only prove their case by a ‘preponderance of the evidence’. The “preponderance of the evidence” test is synonymous with ‘more likely than not’. The jury will basically be asked, was the defendant ‘more likely than not’ negligent? If the jury believes that any element was more probable than not (even ever so slightly), then the plaintiff should prevail.

How do you find the right Pennsylvania personal injury lawyer?

Choosing the right lawyer can mean winning or losing your case. Even in strong cases, it may affect the amount of settlement or award. Injured victims should know that they only receive one chance at a settlement or award, and that they cannot come back later if their condition worsens. It is an undisputed fact that insurance companies pay more money to injured people represented by lawyers than they do to an unrepresented party. Therefore, once it has been determined that someone was injured, and it appears ‘more likely than not’ that another party was responsible, injured victims should consult with an experienced personal injury attorney as soon as possible.

Finding the right lawyer can take time and effort. We strongly encourage injured victims and their families to interview several lawyers before hiring one. We have included here a link to the Top 10 questions to ask before hiring your Pennsylvania personal injury attorney.

At the very least, you should interview and research several lawyers, both online and through family and friends. You should conduct internet research and read as many reviews as possible. You will only get one chance and finding the right lawyer, who is highly competent and motivated to help you, will usually mean a great difference in the outcome of your case.

Should I Settle or Sue?

Settle or sue? It is often is the first important decision in any personal injury case. If liability is strong, the insurance company may want to settle, and there can be benefits to an early settlement. A bird in the hand is a common phrase, which means do not get greedy. Almost all of Pennsylvania is very conservative with the exception of maybe Philadelphia County, Pennsylvania, and if presented properly, insurance companies will pay prior to filing a lawsuit.

However, while a settlement may sound nice and allow the recovery of money sooner, it is not always the best option. The settlement needs to fully compensate the injured victim for the rest of their life. We believe the best settlements are made through force.

We typically prefer to file suit sooner than later. Lawsuits take a long time. Even fast simple lawsuits can take 18 to 24 months to get to court. Two to three years is the average time most cases in Pennsylvania take before they have a trial. Therefore, unless the insurance company is willing to be fair, in a very short period of time, we prefer to file suit and then grant an extension, if necessary, while we negotiate.

The decision to settle or sue needs to be thoroughly dependent upon the risk versus reward for the client. The only result that matters is the amount of money that the client actually puts into their pocket. Lawsuits can take a long time and costs a lot of money. Considerations should be made of the amount of costs necessary to take the case to trial when considering to settle or not.

There can be advantages to early settlements and it is important in interviewing lawyers to ask what strategies they will use to attempt to settle the case. At the same time, the best settlements are typically obtained when the insurance companies know that the lawyers involved are willing to take the case to trial. You should also always ask how much trial experience any potential lawyer has?

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

The last step of the personal injury process is actually getting paid. The good news is that all payments for pain and suffering in personal injury cases are not considered income for tax purposes. Thus, many personal injury settlements are completely tax free in terms of payments to injured victims with limited exception.

The bad news is that the injured victim typically has significant expenses that will need to be paid out of any award or settlement received. All costs need to be fully considered before accepting any settlement. The lawyer will typically be paid their 40%. In addition, injured victims will be responsible for reimbursing the lawyer for any out of pocket expenses the lawyer incurred.

Therefore, it is VERY important for plaintiffs to keep up to date with any costs your lawyer is advancing on their behalf and to question the costs if necessary. Injured victims need to remember that any monies the lawyer is advancing is actually the clients money being spent. Injured victims also need to know whether there are any medical liens or other subrogation claims against the settlement or award.

In most personal injury or medical malpractice cases, there are monies that the plaintiff will owe for reimbursement of medical bills paid. Most health insurance agreements provide that if a 3rd party causes harm, and the injured victim is later compensated, then the insurance company is allowed to seek reimbursement for the medical bills they paid. In the end, the amount the injured victim actually receives can be a much smaller percentage than the total amount actually recovered. Therefore, it is important that if an injured person has a serious personal injury that they very carefully select the lawyer representing their interests, and only hire lawyers that they trust.

What Should I Do After a Personal Injury or Accident?
  1. First and foremost, seek proper medical attention. You should never make a medical decision based upon a lawsuit. Most personal injury cases are valued based on the medical documentation and treatment records. Docuementing the injuries suffered in a personal injury case can substantially increase the amount of damages obtained.
  2. Make sure that the accident is reported to the authorities. You should call 911 if involved in an accident so that a police report can be potentially generated. Police reports are an excellent way to document what happened in the accident and to confirm the identity and location of potential witnesses and available insurance coverage.
  3. If a police report is not possible, you should ask for an incident report to be completed if in fact the accident happens at a commercial location, such as a store or otherwise.
  4. Take pictures and/or video is appropriate. Pictures may include the accident scene, vehicles and or identity of potential defendants.
  5. Try to record any and all witnesses’ names and contact information.
  6. Stay focused on complying with any medical orders. Defendants will often try to mitigate damages by alleging a plaintiff was not complaint with treatment.
  7. Do not speak to or communicate with the defendants insurance company as the defendant is not entitled to a statement unless from their own insured.
  8. Consult an experienced personal injury lawyer for a free consultation before speaking to anyone about the accident other than your health care providers as necessary.
Do You Offer Free Consultations on Personal Injury Cases?

Yes. We offer free consultations on all personal injury cases. Please feel free to call or text Managing Attorney Noah Fardo on his cell phone at 412.855.5511 for any personal injury or medical malpractice cases.

How Much Is My Personal Injury Case Worth?

The value of your personal injury case depends upon multiple factors including:

  • The level of negligence involved;
  • The amount of insurance available;
  • The long term harm and damages to the Plaintiff.

The value of your personal injury case can vary dramatically from person to person and from case to case.  If liability is proven, then under the law, the plaintiff is entitled to be compensated for a variety of damages including:

  • past medical bills,
  • future medical bills,
  • lost wages,
  • lost earning capacity, and/or
  • other ‘out-of-pocket’ expenses.

Pennsylvania law also allows monetary recovery for pain and suffering, which may include:

  • physical pain,
  • permanent disfigurement and scarring,
  • emotional pain,
  • stress,
  • mental anguish,
  • embarrassment,
  • humility, and/or
  • reduction in the likelihood of marriage.
What Should I Be Asking Personal Injury Lawyers Before Hiring Them?
  1. What is your contingency fee?
  2. Will I be responsible for any advanced case costs if we lose?
  3. Have you tried these types of personal injury cases before?
  4. Do you have the time necessary to actually work on my case now?
  5. When will my lawsuit be filed?
  6. Will my case actually go to trial? And if so, when?
  7. What is my case worth?
  8. Will you be the actual attorney handling my case?
  9. What will my participation in the lawsuit be?
  10. Will you get me more money than other attorneys and why?

To read more analysis of these questions, please see: “Top 10 Questions to Ask Before Hiring Your Pennsylvania Personal Injury Attorney“.

Should I Talk To The Defendant's Insurance Company?

No. If you are injured, and suspect that another party may be responsible, you should NOT talk to the defendants insurance company directly. Insurance companies against you will attempt to obtain verbal or written statements which you are not required to give. You should hire an attorney to handle all of the verbal and written communications with a defendant's insurance company.

Should I Sign Any Forms With the Defendant's Insurance Company?

Do NOT sign any insurance forms without having them first reviewed by your lawyer. The risks outweigh the benefits. Most often, insurance companies will want you to sign release forms so that they may settle your case or they may try to obtain copies of your medical records. If you need to communicate with an insurance company representing the defendant's interests, it is better to have an attorney handle all of the communications so as not to jeopardize your legal rights.

Is Settlement Possible Or Do I Have To Sue?

It depends. We will always explore settlement options early if we believe it is in the best interests of the client. Many times it will be necessary to file a lawsuit. Even if a lawsuit is filed, a majority of meritorious claims do settle prior to an actual trial. However, we believe the best settlements are obtained by being fully prepared for trial and we treat each case as though a trial will be necessary. This often helps lead to successfully resolving the case without having to go to court.

How Long Will My Personal Injury Lawsuit Take?

A typical lawsuit in Pennsylvania typically takes one (1) to two (2) years from the time of filing the complaint. Of course, there are numerous factors including the complexity of the legal issues and the amount of discovery necessary. We try to expedite all Pennsylvania personal injury lawsuits to the best of our ability and try to timely resolve lawsuits to the extent possible.

What Is The Statute Of Limitations for Personal Injury Cases in Pennsylvania?

The statute of limitations in Pennsylvania for personal injury cases is two (2) years from when the accident occurred. However, the statute can be extended limited circumstances, such as in injury cases involving minors, (under age 18). In personal injury cases involving minors, the statute of limitations is tolled until two (2) years after the minor's 18th birthday. The statute of limitations in Pennsylvania can also be tolled or extended in certain cases where the plaintiff was unable to be aware of the defendants’ negligence at the time of the accident. In those scenarios, the statute of limitations may be tolled until the plaintiff knew, had reason to know, or should have known of the defendants’ negligence. If you are unsure whether your case is within the Pennsylvania statute of limitations, you should take action immediately.

What Does a Tort Mean?

A “tort” means a wrong by definition. A civil tort can be done negligently or intentionally. Both types of torts allow wronged individuals in Pennsylvania to file a lawsuit and to recover monetary damages for these wrongs.

What Is An Intentional Tort?

An intentional tort in Pennsylvania simply means that a wrong was caused intentionally (with the specific intent of causing harm or damage to another). Intentional torts sometimes can include the addition of punitive damages (which are damages aimed at punishing defendants).

What Does Negligence Mean?

Negligence is the breach of a duty of care to another. It has a legal definition that is similar to being careless. In Pennsylvania, for a party to be liable for negligence, there must be a breach of a duty which directly and proximately causes harm or damage to another party. When a party is negligent in violating a Pennsylvania statute or law, it can be known as negligence per se.

What is Negligent Entrustment?

Section 308 of the Restatement (Second) of Torts defines Negligent Entrustment and this definition is as follows:

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

Negligent entrustment can be pled in a variety of scenarios and a situation in which you will often see it applied is in the case of a car accident.

For a negligent entrustment claim to prevail in a car accident claim, the following criteria must be met:

1. The owner of a vehicle permitted a person to use the vehicle.

2. This person who was permitted to use the vehicle was incompetent and/or unfit to drive.

· What does “incompetent to drive” mean? There is not a clear definition, but this could mean that the driver was underage, the driver was unlicensed, or the driver was
intoxicated, the driver was ill or disabled. It could also mean someone who has a past history of causing car accidents or who has been cited pursuant to the motor vehicle code previously.

3. The owner of the vehicle knew or should have known this person was incompetent to drive.

4. The person was actually negligent on such occasion in which they were permitted to drive the vehicle; and

5. The person’s negligence actually caused the accident.

A Negligent Entrustment is a separate cause of action than the Negligence action against the actual driver who caused the car accident. In a Complaint in Civil Action, these will be listed as two separate counts.  

If you have any reason to believe that Negligent Entrustment is applicable in your car accident case, you should plead it in your Complaint along with the Negligence count against the driver as the statute of limitation is two (2) years from the date of the accident.

Is There Really No Fee Unless We Win?

Yes. Our representation for all personal injury cases is based on a contingent fee structure. There is absolutely no fee unless we obtain recovery for you. We advance 100% of the litigation costs, including experts, filings, and depositions and are only reimbursed from the client’s share if we are successful.

Can I get an Immediate Consultation for My Personal Injury or Accident Case?

Yes. Simply text or call Managing Attorney Noah Fardo on his cell phone at 412.855.5511 for a confidential no obligation consultation.

What Is The Standard Contingency Agreement?

Almost all personal injury lawyers, if there is merit to a case, will offer representation on a contingency fee agreement. The contingency fee means that the lawyers payment or fee is contingent upon an actual recovery. In the contingent fee agreement, there is no risk to injured clients of owning any monies even if the case is not successful. Contingent fee agreements should motivate lawyers to obtain maximum compensation as the lawyer fee is directly tied to the outcome of the case.

How Are Costs Calculated In Personal Injury Cases?

We have all heard that there is no fee unless there is recovery in a personal injury case. What most people do not know is that the costs of the case are deducted from the clients’ money. This is the reason why some personal injury lawyers actually receive more money than their clients in settlements and verdicts.

  • EXAMPLE: Case settles for $100,000.00 Lawyer Charges 40%: (or $40,000.00) Client’s portion is 60%: (or $60,000.00). However, what you do not know is the costs. You never hear lawyers explain in advertising how the costs are then deducted. For example, if the lawyers spent $11,000.00 on costs, then the client would only receive $49,000.00 (their share $60,000.00 minus the costs $11,000.00 = $49,000.00), and the lawyer would receive $51,000.00 (atty fee $40,000.00 + costs $11,000.00 = $51,000.00).

The lawyer received more than the client? Though it is absolutely necessary for personal injury lawyers to spend money on case costs, lawyers have a lot of discretion in how exactly this money is spent. Clients are rarely ever told their options about the costs of experts or other various costs associated with litigating their case. Lawyers can very easily spend excessively to pursue a case, knowing that the money will ultimately be paid back by the client. For example, is your lawyer flying first class or coach? What hotel is your lawyer staying at?

We always recommend that our clients stay involved with the costs as the case progresses. Ask your lawyer to always send you a copy of every check spent on costs. This will save you money, because lawyers will be more cognizant of the spending.

Why Should I Choose Flaherty Fardo as My Personal Injury Attorneys?
  • Over 25 Years Experience
  • Millions and Millions Recovered For our Injured Clients
  • Hundreds of 5 Star Reviews
  • Passionate and Dedicated Representation
  • We Treat Each and Every Case as Unique
  • We Develop Relationships That Last Decades and Focus on Client Satisfaction

In serious personal injury cases, it is important that clients feel comfortable with the personal injury lawyers chosen. There needs to be teamwork between the lawyers and the client. We understand that a financial award can never fully compensate an individual for a significant injury or for the loss of a loved one when a serious personal injury or accident occurs. However, monetary compensation can help to make the burden of injury or loss, at the very least, economically bearable.

Our goal is to maximize monetary recovery. Serious personal injuries and accidents are never planned and can wreak financial disaster in a family’s life. Our work cannot lessen the emotional and/or physical trauma that loved ones suffer. However, we attempt to mitigate the financial hardships and bring justice for the negligence and/or malpractice of others.

What Do Your Personal In jury Past Clients Say?

“Noah Fardo is a 5-star lawyer. I underwent a medical procedure that unfortunately went wrong. Reluctantly, I took a chance and found Noah through the Yellow Pages. When Noah took my case, my experience in working with him exceeded far beyond my expectations. He respected and reciprocated with me on my personal viewpoints of the case, yet dealt with me realistically on possible outcomes. He kept in touch with me through every step of the process, alleviating much of the anxiety associated with a lawsuit. He responded to my ongoing questions, comments and concerns almost immediately. I felt like we were a team and when the case finally came to execution, he left no stone un-turned. Most importantly, he fought for me equipped with total knowledge, vigor and professionalism.” Mary, Pittsburgh, PA

“3 years ago, I sustained an injury which I believed I needed an attorney. After countless phone conversations with many law firms that said, no, I did not have a case based on our phone conversation, I finally was able to get at least a personal interview with the law firm Flaherty and Fardo to determine if indeed I had a case. I met with Noah Fardo and he was very professional. After our meeting it was determined that his law firm would help me. The entire staff, from legal secretaries and lawyers, were very professional, compassionate and thorough. The law firm of Flaherty and Fardo made me feel like I was their only client. They kept me informed weekly with the progress of my case. They were able to win my case and I was awarded a monetary value beyond my expectations. I highly recommend them if you want it done right. Even to date they call me to see how I am doing. Flaherty and Fardo were truly a godsend to me and my family.” D.L., Pittsburgh, PA

“I’d never been involved in a lawsuit concerning a death before. But, when my uncle died unexpectedly in his apartment after the local utility company shut off his heat, I decided to ask several lawyers if they felt that the company was negligent. Attorney Noah Fardo was the only one who looked deeply into the details of the case and then decided a wrong had indeed occurred. Hands down, I’m glad that he was so thorough in his investigations. Attorney Fardo walked me through the entire case, basically, hand-in-hand. He’d call to update me through every stage of litigation, and when he had any news at all to report. I was never in the dark… or lost and confused about anything. I appreciated, so much, the personal touch he had with my case. I have to say, if there was an attorney who was ever so determined, and unrelenting, it’s Noah Fardo. Now my case has been successfully won and the estate received a large settlement. I can leave the trauma in the past. Thank you, Noah!!” Peter, Pittsburgh, PA

“Hi Noah and Shawn, Thank you. I had no idea what to expect filing my first lawsuit. I really didn’t even want to file it. You guys did a phenomenal job and me and my family can’t thank you enough. I hope I never need you again, but if I, or anyone I know does, I absolutely will recommend you.” Thanks again guys, we really appreciate it!” Robert, Pittsburgh, PA

Flaherty | Fardo | Rogel | Amick

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