Your Questions, Answered

Yes, you can sue for emotional distress in many situations. In Pennsylvania and New Jersey, emotional distress claims can be brought as part of a personal injury lawsuit or, in some cases, as a standalone claim. You generally need to show that the defendant's conduct was extreme or outrageous, or that their negligence caused you physical harm accompanied by emotional suffering. An experienced attorney can evaluate whether your situation supports an emotional distress claim.

The amount you can recover for emotional distress varies widely depending on the severity of the distress, the impact on your daily life, and the circumstances of the case. Awards can range from thousands to hundreds of thousands of dollars. Factors that increase value include documented therapy or counseling, diagnosed conditions like PTSD or anxiety disorders, physical symptoms, and the egregiousness of the defendant's conduct.

In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of injury. In New Jersey, it is also two years. However, there are exceptions — the discovery rule may extend the deadline if the injury was not immediately apparent, and claims involving minors or government entities have different rules. It is critical to consult with an attorney as soon as possible to ensure your rights are preserved.

At Cavaliere & Mangiaracina, we handle all personal injury cases on a contingency fee basis. This means you pay nothing upfront and owe no attorney fees unless we win your case. Our fee is a percentage of the recovery, and we cover all litigation costs and expenses during the course of your case. There is zero financial risk to you.

The value of a car accident case depends on several factors including the severity of your injuries, total medical expenses, lost wages, the impact on your quality of life, and the available insurance coverage. Minor injuries may settle for $10,000 to $50,000, while serious injuries involving surgery or permanent impairment can result in settlements of hundreds of thousands to millions of dollars. We provide free case evaluations to give you an honest assessment.

After a car accident, prioritize safety and call 911. Document the scene with photos, exchange insurance information with the other driver, collect witness contact information, and seek medical attention as soon as possible — even if you feel fine. Do not give recorded statements to insurance companies or accept early settlement offers. Contact an experienced personal injury attorney to protect your rights from the start.

In most cases, workers' compensation is your exclusive remedy against your employer for workplace injuries. However, you may be able to file a third-party lawsuit against someone other than your employer who contributed to your injury — such as a product manufacturer, subcontractor, or property owner. These third-party claims can result in significantly higher compensation than workers' comp alone.

A settlement is an agreement between the parties to resolve the case for a specific amount without going to trial. A verdict is the decision made by a judge or jury after a trial. Settlements offer certainty and a faster resolution, while verdicts can sometimes result in higher awards but carry the risk of receiving nothing. Most personal injury cases settle before trial, but having an attorney prepared to go to trial strengthens your negotiating position.

The timeline varies significantly depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Simple cases may resolve in a few months, while complex cases involving catastrophic injuries or multiple defendants can take two to three years or more. We always advise clients to reach maximum medical improvement before settling to ensure all future costs are accounted for.

Medical malpractice occurs when a healthcare provider — such as a doctor, surgeon, nurse, or hospital — provides treatment that falls below the accepted standard of care, resulting in injury or death. Common examples include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to follow up on test results. In Pennsylvania, a Certificate of Merit from a medical expert is required before filing a malpractice lawsuit.

In some cases, yes. If your insurance company acts in bad faith — such as unreasonably denying a valid claim, delaying payment, or engaging in deceptive practices — you may have a claim for emotional distress as part of a bad faith insurance lawsuit. Pennsylvania has specific statutes addressing insurance bad faith that may allow you to recover damages beyond your policy limits.

A wrongful death claim is a civil lawsuit filed when someone dies due to another party's negligence, recklessness, or intentional act. In Pennsylvania, the personal representative of the estate files the claim on behalf of surviving family members. Compensation may include funeral expenses, lost income, loss of companionship, and medical bills incurred before death. The statute of limitations is generally two years from the date of death.