Edelstein Law’s
Frequently Asked Questions & Answers

Edelstein Law’s FAQs offer clear, plain-language answers for injury victims in Pennsylvania and New Jersey on filing claims, deadlines, damages, attorney fees, litigation vs. settlement, and next steps. Topics: sexual abuse, medical malpractice, catastrophic injuries, statutes of limitation, preserving evidence, dealing with insurers, and pursuing punitive damages. Each FAQ lists required documents, immediate actions after an incident, and explains our contingency-fee system so clients understand costs and risks. Aim: reduce uncertainty, compare firms, check eligibility, prepare for first meetings, and prompt timely action to protect rights and seek fair compensation.

Frequently Asked Questions
Section I: Getting Started and Fees

  • A: A personal injury case generally involves physical or emotional harm caused by someone else’s negligence, recklessness, or wrongful conduct. Common examples include motor vehicle crashes, medical negligence, unsafe property conditions, defective products, institutional abuse, and nursing home neglect.

  • A: In most personal injury matters, you do not pay upfront. We typically work on a contingency fee, meaning attorney fees are owed only if there is a recovery (settlement or verdict).

  • A: A contingency fee is a percentage of the amount recovered. The fee structure is explained in writing before representation begins, so you know exactly how it works. Depending on which state your accident or incident occurred in, the percentages are dictated by the rule of court. We explain all details during your intake and boarding phase.

  • A: Many firms advance common case costs (records, filings, experts) and reimburse those costs from the recovery if the case succeeds. We explain what expenses may arise and how they are handled before your intake, and final statement of distribution (itemized invoice of costs paid upfront by Edelstein Law). Our demand accounts for any attorney’s costs, court fees, etc., protecting your final payout from the high costs of litigation.

  • A: Yes; a consultation is confidential, and you can discuss sensitive issues (including sexual abuse or institutional misconduct) with discretion and respect.

  • A: If available: incident reports, photos or video, medical records or discharge paperwork, insurance information, witness names, and a short timeline of events. If you don’t have everything, don’t worry—we can still start with the basics.

Frequently Asked Questions
Section II: Deadlines, Insurance, and Fault

  • A: In many cases, the general deadline is two years, but exceptions can apply (minors, discovery rules, government entities, and certain claims). Acting quickly preserves evidence and protects deadlines. Call us to speak to an expert as soon as possible.

  • A: Fault rules vary by state. In Pennsylvania, recovery is generally allowed if your negligence is not greater than the defendant(s) and damages are reduced by your percentage of fault. 

    In New Jersey, recovery is generally allowed if your negligence is not greater than 50%, with damages reduced by your fault percentage. 

  • A: Typically, the answer is no, and you should refer any insurance adjuster to our legal team. Be careful. Statements can be used to minimize or deny claims. It’s often best to get legal guidance before providing detailed recorded statements.

  • A: We go beyond the obvious: we consider additional responsible parties, employer liability, vehicle owner liability, and applicable uninsured and underinsured motorist coverage (commonly referred to as UM/UIM) under your own policy. If you’re unsure about your tort threshold or UM/UIM coverage, request a declaration page from your policy. Most injuries sustained in catastrophic accidents are more expensive than the policy minimums required by your state.

  • A: It depends on your coverage and situation (health insurance, PIP/MedPay, liens, and provider arrangements). We help clients understand options so treatment continues while the claim is pursued.

  • A: Jurisdiction and applicable insurance rules can differ based on where the incident occurred, where the parties live, and policy language. We evaluate venue, coverage, and strategy early to avoid costly missteps.

Frequently Asked Questions
Section III: Process, Settlement, & Litigation

  • A: Timelines for resolving personal injury cases vary depending on factors such as the severity of the injury, the duration of treatment, the existence of disputed liability, and the court’s schedule. Some cases may be resolved within a few months, while complex or heavily contested matters can take significantly longer. On average, a case will settle or be tried within 12 months of filing a civil complaint.

  • A: Many cases resolve without trial. However, credible trial readiness often improves settlement leverage, especially in serious-injury matters. We will have meticulously prepared all necessary documents, and our legal team will relentlessly fight to ensure that you receive every penny you are entitled to, regardless of whether your case concludes within the confines of a courtroom or outside its walls.

  • A: We evaluate liability strength and damages: medical costs, future care needs, wage loss, impact on daily life, permanency, liens, court costs, and comparable outcomes. Value is evidence-driven, not guesswork.

    Please try out our demand value calculator and input the relevant data to obtain a rough estimate of the potential value of your damages. Please note that this is an educational tool intended for individuals interested in understanding how demand values are determined. An amount calculated is never promised Dollar amounts are only as accurate as the values used. These numbers are rough estimates used by legal professionals to prepare demand packages. 

  • A: We confirm representation in writing, gather records, preserve evidence, notify insurers & defense counsel, and build a clear liability & damages narrative. You’ll also get a practical roadmap of next steps. Clients are encouraged to be part of their case progression, but this is not a requirement for representation.

  • A: Yes; With proper authorizations, we obtain medical records and billing, and we often work with providers and experts to document causation, permanency, and future care needs.

  • A: You should expect clear communication about milestones (records, demand, negotiations, filings, discovery, mediation). We also encourage clients to share changes in treatment, work status, or symptoms promptly. You will be required to let our offices know if you have any changes in phone numbers or addresses.