Montgomery County Personal Injury Lawyer

Supporting Accident and Injury Victims Across Montgomery County, PA

Accidents happen. Injuries happen. Life changes in an instant after a fall, car crash, collision with a truck, or the sudden and untimely death of a loved one. In these situations, people have options for legal representation and counsel. At Anthony C. Gagliano, III, Esquire, P.C., we represent injured men and women and the families of wrongful death victims. Led by Montgomery personal injury lawyer Anthony C. Gagliano, our firm takes our responsibility to right the wrongs you’ve experienced seriously. For more than 20 years, Anthony has fought for the rights of the injured across Pennsylvania.

We offer a free consultation so you can call and speak with a real lawyer and learn about your rights as an accident victim. 

Fighting for Injury Victims Across Montgomery County

If you have been injured or a loved one died in an accident, you have the right to file a personal injury claim for compensation. In Pennsylvania, that means compensation for direct costs like medical bills, property damage, and lost wages, as well as more subjective losses like physical pain and suffering, emotional distress, or the loss of enjoyment.

We work with men and women in Norristown, King of Prussia, Pottstown, Abington, Lansdale, and Upper Merion. After an accident, you’re not supposed to have all the answers. That’s why we offer a free and no-risk consultation with a real attorney (not a paralegal or secretary). In this phone call, you can ask questions, share your story, and we can provide guidance on appropriate next steps.

Our Personal Injury Practice Areas

You may file a personal injury lawsuit anytime you or a loved one sustains an injury as a result of someone else’s negligence. If you recently experienced the death of a loved one, that is also cause for a personal injury case. 

Personal Injury Bicycle Accidents Bus Accidents Car Accidents Dog Bites DUI Related Car Accidents Motorcycle Accidents Pedestrian Car Accidents Premises Liability Rideshare Accidents (Uber and Lyft Accidents) Slip and Fall Accidents Truck Accidents Workers’ Compensation Wrongful Death

How Pennsylvania Personal Injury Law Works

Every state has different laws that govern lawyers and injury lawsuits. In Pennsylvania, victims can seek compensation for harm caused by others so long as standard requirements are met, which may include a two-year time limit, shared fault limits, and insurance claims.

Pennsylvania’s Statute of Limitations (42 Pa.C.S. § 5524)

In Pennsylvania, an injured person needs to file a lawsuit within two years of the accident date, according to 42 Pa.C.S. § 5524. We’re sure you’ve heard personal injury attorneys say that timing is important, and this is the reason. Once the deadline (the statute of limitations) is up, your legal options change dramatically (and not in a good way). 

An exception to the two-year statute of limitations in Pennsylvania is for minors, who have two years after turning 18 to file. There is also a discovery rule that gives extra time if an injury was not found or noticed immediately following the accident. 

Further, if your claim is against the government, you must file your lawsuit within six months. 

This is important to note because it may not be immediately obvious that your lawsuit is against the government. For example, consider if you were in a car accident after losing control on the highway. You crashed into the guardrail, and the guardrail impaled the vehicle, striking you and causing a major life-threatening injury. There is a possibility that PennDOT could be responsible for installing an uncrashworthy, defective guardrail. In this example, your claim would be against the government, and needs to be filed within just six months.

Attorney Gagliano and Jessica have been the best thing that happened to me in 2020 (referred by a friend in 2018). Anthony has displayed professionalism, promptness, effectiveness, knowledge of the legal industry, empathy and ultimately RESULTS! 

– Rhonda

Understanding Modified Comparative Negligence (42 Pa.C.S. § 7102)

Another important rule to understand is that Pennsylvania follows modified comparative negligence (42 Pa.C.S. § 7102), which means you only have a claim for compensation if you are 50% or less at fault, and then your final money award drops based on the exact percentage of blame that is attributed to you.

Determining fault is an important step in the personal injury lawsuit process. Insurance companies often exploit modified comparative negligence by aggressively assigning partial fault to injured parties to reduce their compensation or (sometimes) even eliminate their right to compensation.

This is a good time to remind you, the victim, that insurance companies have lawyers working for them. They know the system and very much play a game. You need to have representation as well. 

Types of Compensation Available in a PA Injury Claim

You have a right to compensation that breaks up into three types: (1) Economic Damages, (2) Non-Economic Damages, (3) Punitive Damages.

Examples of Economic Damages

Economic damages compensate you for measurable financial losses caused by the injury, including:

• Emergency care, hospital bills, surgery, medication, and rehabilitation
• Future medical treatment and ongoing care
• Lost wages and missed employment opportunities
• Reduced earning capacity if your injuries limit your ability to work
• Property damage, including the cost of repairing or replacing a vehicle
• Other necessary out-of-pocket expenses related to the accident

Both past losses and reasonably anticipated future losses may be considered when determining the value of a claim.

Examples of Non-Economic Damages

Not every consequence of an injury comes with a receipt, though. Non-economic damages address the personal and emotional impact the injury has had on your daily life. These are harder to quantify and vary from case to case, but may include:

• Physical pain and suffering
• Emotional distress or mental anguish
• Embarrassment or humiliation
• Loss of enjoyment of life
• Permanent scarring or disfigurement
• Physical limitations and reduced independence

Examples of Punitive Damages

Instead of compensating an injured person for a specific loss, punitive damages are intended to punish especially outrageous conduct and discourage similar behavior.

These damages are reserved for limited cases involving conduct that is malicious, intentional, willful, wanton, or recklessly indifferent to the safety and rights of others. Ordinary carelessness is generally not enough to support a punitive damages claim.

For example, a fatigued commercial driver knows they are falling asleep but continues driving, or a nursing facility knowingly disregards medical instructions and a resident’s basic care needs. 

What to Do After Suffering an Injury in Montgomery County

The most important first step is to ensure you are safe. 

1. Seek immediate medical evaluation – It is imperative to see a doctor. Don’t think you’re injured? Feel like a burden? Don’t want to make a big deal out of nothing? You still need to be evaluated. We see it all the time… injuries take time to expose themselves. It may be days or weeks before you notice a change in your physical abilities due to an injury.
2. Document the incident/take photos – If you can safely do so at the scene of the accident, take photographs of everything. Some important details to photograph that you may not immediately consider include the weather, lighting, road conditions, traffic signs, skid marks, nearby construction, debris, property damage, and any hazards that may have contributed to the accident.  
3. Avoid recorded statements with insurers – When the insurance company calls, you can say these words, “You need to speak with my lawyer. I would be happy to redirect you to him.” The greatest advice we can give as your lawyer is to not speak with the insurance company before you have spoken to your own legal counsel.
4. Consult an experienced local attorney – Calling a Montgomery County personal injury law firm to speak with them about your potential injury claim can be done in less time than you likely get for lunch at work. You have nothing to lose by sharing the details with legal counsel before engaging with your insurance company.

Why Choose Anthony C. Gagliano, III, Esquire, P.C. for Your Personal Injury Case

Anthony Gagliano has been practicing law for more than 20 years. Our firm is a boutique personal injury practice. The men and women who choose our law firm work directly with Anthony – a real PI lawyer. We are told time and time again that it’s a personalized experience that we know clients value. 

Our clients have direct access to Anthony and their legal team, which means you’re always speaking with someone who knows what’s happening with your case. We don’t do call centers or endless phone trees.

Our law firm also works on a contingency fee arrangement, which means if we don’t win compensation for you, you owe us nothing. You never pay us a fee and your initial phone call to learn about the details of your personal injury case is always free. 

Montgomery County Personal Injury FAQs

Answered by Anthony Gagliano,

How much does it cost to hire a personal injury lawyer?

It doesn’t cost anything to hire a personal injury attorney in Montgomery County. We work on a contingency fee basis, which means we only get paid if and when we win compensation for your case. You never give us a credit card or make a payment.

What if I was partially at fault for my accident?

If you were partially at fault in your accident, your final compensation will be less than the percentage you are found at fault, assuming you are less than 50% at fault overall for the accident. For example, an accident victim found 20% responsible for an accident could generally recover 80% of their awarded damages. Someone found 51% responsible would generally not be able to receive compensation under Pennsylvania’s comparative negligence law (42 Pa.C.S. § 7102).

How long does it take to settle a personal injury case in PA?

A personal injury claim in Pennsylvania can take a few months to a few years. We wish we could provide a more concrete answer, but the timeline of your case varies on the severity of the accident, the number of defendants, the type of defendant (individual vs. company vs. government), and other factors.

In your initial consultation, we can give you an estimate of what the projected timeline might look like, given the specifics of your accident and the extent of your injuries. 

Do I have to go to court in to resolve my claim?

No, you do not have to go to court to resolve your claims. Many PI claims are resolved through negotiations directly with the insurance company, without the need to show up in a courtroom physically. 

Schedule Your Free Montgomery County Case Evaluation

Our job is to listen, to investigate, to fight. Our goal is to get you the compensation you and your family deserve after an accident. We hold parties accountable and take the necessary steps to right the wrongs that left you in the hospital or grieving a loved one. 

Call or contact us online today for a free consultation to learn about your legal rights. You have nothing to lose by calling.