Faqs

Attorney Russel Bopp: If they’re approached with an offer of settlement from an insurance company, the first thing they need to know is that insurance companies are trying to settle cases for the least amount possible.

In order to maximize their recovery, they need to contact the attorneys here at Marcus and Mack and we’ll work with the client to present the best evidence, medical records, wage loss, to maximize their personal injury claim.

The worst mistake they can do is to accept the first settlement offer from an insurance company. What we will do for them is we’ll make sure to maximize their recovery. We’ll make sure that their case is presented in the best way so we can get the most for them.

If they have any questions about an offer of settlement from an insurance company, please call our offices and we’ll be happy to discuss this with them.

Attorney Russel Bopp: Hi my name is Russell Bopp. I’m one of the attorneys here at Marcus and Mack, and one of the questions that we often get from clients or potential clients is: What does it mean if I have limited tort or full tort on my insurance policy?

The quick and easy answer to that is that when they’re limited tort under their insurance policy it means they actually have given up the right to pursue non-economic damages, that’s a legal terminology basically for pain and suffering, so if they’re limited tort under their insurance policy it means they’ve given up the right to pursue pain and suffering damages.

There are exceptions to that under Pennsylvania law and it’s important for them to contact Marcus and Mack and we can talk to them about what those exceptions are and if they would apply in their case.

If they have any questions, feel free to reach out to Marcus and Mack at our office or online.

Attorney Russel Bopp: Hi my name is Russell Bopp. I’m one of the attorneys here at Marcus and Mack, and one of the most common questions that we get from clients or potential clients is: Is my insurance company entitled to a portion of my settlements?

The short answer is that, under the Pennsylvania motor vehicle financial responsibility law, there are certain insurance policies and plans that are entitled to what’s called subrogation or reimbursement from a settlement. That’s why it’s extremely important for them to speak with an attorney to determine what kind of plan that they have and whether that plan is entitled to reimbursement.

Here at Marcus and Mack we make sure that we read all policies and we determine whether that—whether their health insurance policy is entitled to subrogation.

If they have any questions, feel free to reach out to Marcus and Mack at our office or online.

Attorney Russel Bopp: If they’ve been injured in an accident, they’ve submitted a claim and surprise surprise the insurance company send them denial. What do they do?

First thing they need to do is to determine why they denied. Are they denied based on liability? Are they saying that the client is at fault for the accident? Are they denied based on coverage? Are they saying that there’s no coverage under their policy?

Give us a call. Regardless of the basis for the denial, whether it’s liability or coverage, we’d be happy to talk with the client to determine whether they do have a claim.

Attorney Bradley Holuta: What is pain and suffering and what is it worth in an injury case?

Pain is suffering is the term the law gives to the intangible type of losses they might experience as result of an accident, if they’re having symptoms that are painful such as headaches, impaired vision, vertigo, nausea, things of that nature.

They might have pain in their neck or back or other areas of their body that impact their ability to do the things they once did such as work in their job, take care of things around the house, spend time with their family or friends, recreational activities like boating, football, activities with the children or grandchildren.

All of these things are under the term pain and suffering that they’re entitled to recover if they’ve been in an auto accident or any type of accident.

If they have any questions of what their claim may be worth or what they’re entitled to, please call our office. We’d be happy to speak with them.

Attorney Bryan Neiderhiser: If they have been involved in an accident, it’s absolutely imperative that they have an experienced and knowledgeable personal injury attorney fighting for their rights as quickly as possible.

The reason for that is absolutely simple. The insurance company on the other side is working against the client from the very moment that the accident happens. My clients all the time tell me that they’re shocked how they received phone calls asking for recorded statements sometimes, within hours but no more than days after the collision.

These recorded statements are not designed to help them. They’re designed to hurt the client. They’re designed to gain evidence against the clients. Similarly, the insurance company is hiring investigators. They’re doing their due diligence and they’re building a case against the client from the very moment that the collision happens.

Why would they let that happen and not have an experienced and knowledgeable attorney countering what they’re doing and fighting vigilantly to help the client?

Here at Marcus and Mack that is all we do. We help injury victims. It’s all we’ve done every day for more than four decades. Please put our experience, put our background, put our knowledge to work for the client. If they’ve been injured, please give me a call. I’ll be more than happy to get on the phone and discuss their legal rights and options with them at no charge.

Attorney Bradley Holuta: Many people ask, “What is my injury claim worth?”

The role of the law in the injury setting is to try to make them whole and do account for all of the injuries and damages they’ve incurred as a result of the accident. That will include any lost wages or future lost earning capacity, their medical bills to the extent their unpaid or to the extent their insurance company is seeking reimbursement or subrogation.

It also includes the value of the pain and suffering for their injuries. What type of treatment have they had? What symptoms have they experienced? What is their future prognosis and outlook? All of that factors into a fair settlement and our job is to maximize the value of their settlement by making sure we account for each item of their damages.

If they have any questions, please call our office.

Attorney Robert Marcus: Hi, my name is Bob Marcus from the law firm of Marcus and Mack. What we do is represent injured people. That’s all we do.

And I want to talk about what’s happened to them, the accidents they were in. Everybody goes along in life just kind of making ends meet. Their life is full of responsibilities, at times are overwhelming, and then an accident happens and their whole life gets overwhelmed, overturned.

They hardly got things on before then and now they can’t get anything done and that’s where we come in. We understand what they’re going through. We want to help them. We want to serve them. That’s what we do. We come here every day.

And I work with a group of people that I tell them, I’ll just say, I love them. I mean, their direction in life, what they want to do, is help the client. That’s how we get satisfaction in terms of being able to help people. Let us help the client. Please get in touch with us. We know that we can help the client through the process, make their lives better and value the pain and suffering that they’re going through and make sure that they’re treated right and the justice is served.

Thank you. Call Marcus and Mack right now.

Attorney Russel Bopp: If they slip and fall on ice and are injured, one of the first things they’re going to ask is: Is somebody else responsible for my injuries?

That’s going to depend on the circumstances. It’s going to depend first on: Who’s the property owner? Is it a government entity? Is it a commercial business? Is it a private residence?

Second is going to depend on their status. Were they an invitee or a licensee? Were they there for their own purposes or were they there to further the purpose of whoever owns that property?

Additionally, when they slip and fall on ice, they have to be aware of how long the ice had been there. When did it accumulate? And did the property owner know of that dangerous condition and have an opportunity to cure it? Do they have an opportunity to shovel or put down salt? Those types of things.

If they have any questions about whether they have a claim for injuries after they’ve slipped and fallen on ice, please give the attorneys at Marcus and Mack a call.

Attorney Bradley Holuta: We often get asked: How to avoid winter car accidents?

Fault starts before they even leave home. Make sure their vehicle has good working tires with adequate thread. They might also consider winter tires for their particular vehicle. They’ll also want to make sure that they’ve cleared the snow and ice off their car, so that they can see out the windshield, they’ve allowed the ice to foss so they can see out all of the windows. That’s very important and that starts before they leave home.

Once they’re out there on the roadway, remember that snow and ice will lead to reduced traction. It’s going to take a little extra time and space to be able to stop. They want to leave extra space between their vehicle and the other vehicles should they encounter a dangerous situation, just want to leave a little extra time, a little extra space at all times.

Remember also that this time of the year, it’s dark and dreary, leads to reduced visibility. It’s a little harder to see what’s out there around them, just be a little extra careful or allow a little extra time and make sure they get to where they’re going safely.

If they have any questions, please feel free to call our office.

Attorney Russel Bopp: If they suffered injuries as a result of a slip and fall accident, there are a couple of things that they need to make sure that they do.

First, they need to make sure they preserve any evidence of the dangerous condition. If they’ve slipped on water, on the floor, in a restaurant, they need to make sure they take pictures of that. If they fell on a defective stairway or a sidewalk that’s been raised, they need to make sure that they’ve documented what the dangerous condition on the property was. It’s very important that they do this immediately after the slip and fall occurs.

If they’re able to, please take a picture. If they’re able to, please collect any witness numbers or names, contact information, so that when the time comes, the attorney can build a case for them and document that there was a dangerous condition that was the cause of their injuries.

In addition to documenting these evidences, it’s important to reach out to an attorney. The attorneys here at Marcus and Mack will do investigations for them. We’ll find out who the record property owner is and we’ll pursue them into the fullest extent of the law.

If they have any questions about whether they have a claim for a slip and fall injuries or what to do after a slip and fall, please give the attorneys at Marcus and Mack a call.

Attorney Bradley Holuta: Here at Marcus and Mack we handle all types of personal injury claims. One of the very common one is auto accidents. Whenever someone causes an accident through careless or negligent driving, we can make a claim against that driver’s insurance policy.

We also handle a lot of dog bite incidents. Whenever a dog injures somebody whether from biting them or chasing them and causing them to be injured, we can make a claim there as well. We have to show that the owner of the dog had a reason to know of the problem and once that person’s identified and we contact their insurance company we can make a claim there.

We also see a lot of premise liability cases, meaning where somebody is injured on another’s property such as falling in a store, on a puddle, falling on snow and ice that has not been cleared away or from a defect with the property itself such as an unsteady staircase, crack in the sidewalk that causes people to fall, all sorts of things like that.

We handle many types of injury claims here and if they’ve been injured, we’ll be happy to speak with them.

Attorney Bradley Holuta: If they’re injured as a pedestrian, they’re struck by a vehicle, we can make a claim for their damages. And damages come in two types.

There are what are called economic damages which are things that are measurable or quantifiable. That would be lost wages if they’re unable to work, as well as future lost earning capacity. If they’re not going to be able to work in the future or not work their former job and they’re going to suffer lost earnings in the future, we can make a claim for that. We can also make a claim for any medical bills that are unpaid or for which they’ve incurred out of pocket expenses. There are all these things that are quantifiable are called economic damages.

We can also make a recovery from non-economic damages and that’s the intangible things like pain and suffering, embarrassment, inconvenience from having to go doctor appointments, the disruption in their day to day life, the inability to enjoy activities, recreational things they used to do and just the pain from having to deal with their injuries. We can make a recovery for those items as well.

If they find they’ve been injured, please call our office and we’ll be happy to speak with them.

Attorney Russel Bopp: If you’re injured at work, they have two potential avenues to make a recovery.

First is worker’s compensation. Worker’s compensation will pay for medical bills as well as wage loss, where they’ve been injured in the course in scope of their employment. However, they need to know that they may be able to make a third-party claim against someone who is responsible for their injury.

A third-party claim can be made where their injury was caused by someone outside of their employment. So, it will have to be a third-party who would have to be someone who’s driving down the road when they’re in a work vehicle and maybe they caused an accident, it could be a product that malfunctions in the workplace, and the manufacturer of that product could be responsible for the work accident in the client’s injury.

In those circumstances, they need to be aware that they can make a third-party claim in addition to any worker’s compensation claim.

If they have any questions about this or whether their claim can be worker’s compensation or third-party, please give our offices a call. We’ll be happy to talk to them.

Why Would I Need a Personal Injury Lawyer

Attorney Brad Holuta: Why do they need a personal injury lawyer?

Hopefully this is the only time they’ve ever been in an accident and ever will be in an accident but they don’t know the lay of the land. This is all we do every day—is help people with their personal injury claims. There are many number of issues or landmines that they can run into in connection with this arena with which they’re not familiar.

Insurance companies will start calling immediately, asking them to give a recorded statement, but what they don’t realize is that many insurance adjusters will ask very one-sided or misleading questions that are designed to trip them up and damage their case.

Once that statement is given, it can’t be taken back, so we would not allow that to happen if we are representing the client. Insurance companies also send releases and offer the client a small amount of money in an attempt to buy their claim for pennies on the dollar without them realizing that they may be leaving thousands of dollars on the table depending upon the situation

It’s also important to preserve evidence right away—things like videos, photographs that’s documenting the scene is all important and would be things that a person who’s not familiar with this would not think to do.

So, it’s very important to get involved immediately so that these sort of things, there’s not irreversible damage done to their case.

If they have any questions, they can call any of our offices or visit marcusandmack.com.

Attorney Russel Bopp: Hi my name is Russell Bopp. I’m one of the attorneys here at Marcus and Mack.

One of the common questions that we hear from clients and prospective clients is: What damages are available in a personal injury case?

There are generally three categories of damages that are available. You have non-economic damages, that’s pain and suffering. You have economic damages, that’s generally wage lost, lost earning capacity and medical expenses or future medical expenses that are anticipated. And finally, you have punitive damages.

Now, the non-economic damages of pain and suffering are actually broken up into five categories. You have mental suffering. You have physical pain. You have embarrassment and humiliation, scarring and disfigurement. And finally, you have loss of life’s pleasures, that’s your ability to engage in the activities that you like to do on a day to day basis.

Now, economic damages are damages for lost wages—you’ve missed time off work. It’s damages for lost earning capacity, maybe you aren’t able to do what you used to do, maybe you had training that you’re no longer able to use

And finally, punitive damages, those are damages that the court awards to punish the conduct of another party. Punitive damages are awarded when there’s reckless or egregious conduct. Punitive damages are generally awarded in types of cases where you have a DUI.

If you have any questions about the types of damages that are available in a personal injury case, please reach out to the attorneys here at Marcus and Mack. You can reach out to us at our office or online.

Attorney Bradley Holuta: In order to make a recovery in a personal injury claim, we have to prove that another party is legally liable or at fault for their claim and that requires proving that he or she was negligent.

Negligence means that a person failed to act as any reasonable person would act in that situation. So, for instance, in an auto accident, we have to show that the other driver who caused the accident drove carelessly. They drove too fast for the weather or the lighting conditions, they followed too closely, things of that nature.

In the premise situation where someone is injured on another’s property such as falling in a store, falling on snow and ice, a defect with the sidewalk, we have to show that the landowner had reason to know that there was a problem and then failed to reasonably correct that problem.

We also can prove negligence in a dog bite situation. If they’re bitten by a dog and injured, we have to prove that the landowner had reason to know that the dog had dangerous qualities and then failed to reasonably confine or control the dog.

And upon proving negligence in those manners, we can then make a recovery for their claim. If they find that they’ve been injured, please call our office we’d be happy to speak with them.

Attorney Brad Holuta: The personal injury claim process begins the moment the accident happens. It’s important to have council on board immediately because critical pieces of evidence can be lost if they’re not immediately preserved.

These are things that are things such as accident footage, dash camera footage from the involved vehicles, video footage of a slip and fall scene, things of that sort all have to be preserved immediately or the evidence may be lost forever and will harm their case.

It’s also important for an injury lawyer to notify the at fault parties and their insurance companies of our involvement so that they cannot contact the client. We will protect the client in that regard and all communications will have to go through our office. They cannot contact the client directly.

That’s important because they need to focus on treating for their injuries and getting back on their feet and leave the legal part to us. We’ll also begin to document their injuries, obtain their medical records, reports from their doctors so that we can show the insurance companies what their injuries are and the impact they’ve had in their life.

We begin that process immediately and we’ll keep in touch with them throughout the process to make sure we know where they’re going for treatment, make sure the billing is handled appropriately and so that they can focus on getting better.

We will continue to keep in touch with the client throughout the case and we’ll work the case up to where we can try to get them a settlement or if we cannot settle the case because the insurance company is undervaluing the case or denying liability, we’ll immediately file a lawsuit and start that process.

So, they’ll be protected from day one but it’s important that they retain council quickly.

If they have any questions, they can call any of our offices or reach us through marcusandmack.com.

Attorney Brad Holuta: Pennsylvania is what’s called a comparative fault state which means that the jury will allocate the fault for the accident between themselves and the other parties.

The old rule in what was called a contributory negligence system is even if a plaintiff was one percent at fault for causing the accident, even the slightest bit at fault, that person could not recover any damages.

There are very few states that follow that rule but Pennsylvania does not follow that rule. We have what’s called a comparative fault system which means that the jury will allocate fault between themselves and the other parties and will weigh it.

They’ll allocate the fault and if a jury puts 20% of the fault on the client and 80% of the fault on the other driver, the client can make a recovery for the 80% of their damages that the other party caused and as long as they are not more at fault than the other party, they can still make a recovery.

And it’s the job of your lawyer to minimize the allocation of fault on the client and to show that the other party is truly the one to blame.

If they have any questions you can call any of our offices or reach us at marcusandmack.com.

Attorney Russel Bopp: Hi my name is Russell Bopp. I’m one of the attorneys here at Marcus and Mack, and one of the most common questions that we get from clients or potential clients is: Is my insurance company entitled to a portion of my settlements?

The short answer is that, under the Pennsylvania motor vehicle financial responsibility law, there are certain insurance policies and plans that are entitled to what’s called subrogation or reimbursement from a settlement. That’s why it’s extremely important for them to speak with an attorney to determine what kind of plan that they have and whether that plan is entitled to reimbursement.

Here at Marcus and Mack we make sure that we read all policies and we determine whether that—whether their health insurance policy is entitled to subrogation.

If they have any questions, feel free to reach out to Marcus and Mack at our office or online.

Attorney Bryan Neiderhiser: Hi my name is Bryan Neiderhiser and I’m an attorney here at the law firm of Marcus and Mack.

One of the things that most of my clients struggle with is not knowing what their case is worth.

The value of the case is dependent upon a number of factors: one, the extent of the injuries that the person receives; two, the amount of treatment that is required in order to get somebody healthy or back to as good as they’re ever going to be; three, the amount of time missed from work and the wages that were lost as a result of that absence; four, any unpaid medical bills and things of that nature and also the amount of any future care that somebody might need, the cost of that care moving forward.

So if they’ve been involved in an accident, give me a call. I’ll be happy to get on the phone, go through all those factors with them and discuss the value of their claim.

Attorney Brad Holuta: The length of time it takes to settle their case really depends upon the unique facts and injuries in their situation.

We only have an opportunity to settle a case one time. If we settle their case, we cannot come back and ask for more if they find that they need more treatment or they have more losses than we realized. So, we really work quickly but thoroughly to understand the full nature of their injuries and the extent of those injuries.

If they’re still treating for their injuries, we will follow that and we will be in constant communication with their medical providers to make sure we obtain their medical records and we’ll talk with the client through that throughout that process to make sure we’re documenting all of the injuries.

And we will work that into a demand package that would ultimately be sent to the insurance company, but when we do that we have to know that we fully understand all of the client’s injuries and what they’re going to require going forward, because we can only settle the case one time and so we have to factor in all of their losses past, present and future.

If they have any questions reach us through marcusandmack.com or please call any of our offices.

Attorney Bradley Holuta: We often get asked: How to avoid winter car accidents?

Fault starts before they even leave home. Make sure their vehicle has good working tires with adequate thread. They might also consider winter tires for their particular vehicle. They’ll also want to make sure that they’ve cleared the snow and ice off their car, so that they can see out the windshield, they’ve allowed the ice to foss so they can see out all of the windows. That’s very important and that starts before they leave home.

Once they’re out there on the roadway, remember that snow and ice will lead to reduced traction. It’s going to take a little extra time and space to be able to stop. They want to leave extra space between their vehicle and the other vehicles should they encounter a dangerous situation, just want to leave a little extra time, a little extra space at all times.

Remember also that this time of the year, it’s dark and dreary, leads to reduced visibility. It’s a little harder to see what’s out there around them, just be a little extra careful or allow a little extra time and make sure they get to where they’re going safely.

If they have any questions, please feel free to call our office.

Attorney Russel Bopp: If they suffered injuries as a result of a slip and fall accident, there are a couple of things that they need to make sure that they do.

First, they need to make sure they preserve any evidence of the dangerous condition. If they’ve slipped on water, on the floor, in a restaurant, they need to make sure they take pictures of that. If they fell on a defective stairway or a sidewalk that’s been raised, they need to make sure that they’ve documented what the dangerous condition on the property was. It’s very important that they do this immediately after the slip and fall occurs.

If they’re able to, please take a picture. If they’re able to, please collect any witness numbers or names, contact information, so that when the time comes, the attorney can build a case for them and document that there was a dangerous condition that was the cause of their injuries.

In addition to documenting these evidences, it’s important to reach out to an attorney. The attorneys here at Marcus and Mack will do investigations for them. We’ll find out who the record property owner is and we’ll pursue them into the fullest extent of the law.

If they have any questions about whether they have a claim for a slip and fall injuries or what to do after a slip and fall, please give the attorneys at Marcus and Mack a call.