FAQs

Frequently Asked Questions | Capek Law

Getting Started

Yes. Your first conversation with us costs nothing and doesn't obligate you to hire us. We'll listen to what happened, explain where you stand, and tell you honestly whether we think we can help. If we can't, we'll try to point you toward someone who can.

As soon as you safely can. In an injury case, evidence like surveillance footage, vehicle data, and witness memories fades quickly, and insurance adjusters start building their file within days.

In a criminal case, the first 24 to 72 hours often shape everything that follows: bail, what gets said to police, and which evidence is preserved. Calling early never hurts your case. Waiting sometimes does.

Bring whatever you have. Helpful items include:

  • A photo ID
  • The police or accident report number, or any charging papers, summons, or bail paperwork
  • Insurance cards and any letters or emails from insurance companies
  • Medical records, bills, and discharge papers
  • Photos, videos, and contact information for witnesses
  • A short written timeline of what happened, while it's fresh

Don't worry if you're missing something. We can request most records for you.

Yes. We're based in Center City Philadelphia and represent clients across Pennsylvania, New Jersey, and Delaware. Tell us where the incident happened or where you were charged, and we'll confirm right away that we can take your case in that court.

Of course. We meet by phone and video, and when an injury keeps you at home or in the hospital, we can come to you. Most documents can be signed electronically.

Personal Injury

In Pennsylvania, New Jersey, and Delaware, the general deadline, called the statute of limitations, is two years from the date of the injury. Miss it and your claim can be barred for good, no matter how strong it is.

There are important exceptions. Deadlines can be paused for injured children, and claims against a city, state agency, or public transit authority often require written notice much sooner: within six months in Pennsylvania and 90 days in New Jersey. Because the rules turn on the details, confirm your deadline early.

Every case is different, and any lawyer who quotes a number on the first call is guessing. Value depends on your medical expenses (past and future), lost income and earning capacity, pain and suffering, how the injury changes your daily life, and the insurance coverage available.

We build that picture with your medical providers and, when needed, outside experts before we discuss numbers with an insurer.

Usually, yes. Pennsylvania, New Jersey, and Delaware follow modified comparative negligence: you can recover as long as your share of the fault is not greater than that of the people you're holding responsible, generally 50% or less.

Your recovery is reduced by your percentage of fault, so a $100,000 award with 20% fault becomes $80,000. Insurers often push fault onto the injured person to pay less, which is one reason careful investigation matters.

It's a choice you made when you bought your car insurance, and it affects what you can recover after a crash.

  • Full tort lets you seek compensation for pain and suffering for any injury.
  • Limited tort generally bars pain-and-suffering damages unless the injury is legally “serious,” though you can still recover medical bills and lost wages.

Limited tort has exceptions, for example when the other driver is convicted of DUI or was driving a vehicle registered in another state. Check the declarations page of your policy, or send it to us and we'll check. New Jersey has a similar choice, called the limitation on lawsuit (or “verbal threshold”) option.

Be polite, but keep it brief. You aren't required to give the other driver's insurer a recorded statement, and anything you say can be used to minimize your claim. Don't guess about speed, distances, or injuries, and don't sign a medical authorization or accept a settlement before speaking with a lawyer.

Do report the accident promptly to your own insurer. Your policy requires it.

After a Pennsylvania car accident, your own auto policy pays first through first-party medical benefits, regardless of who caused the crash. Every policy includes at least $5,000 of this coverage. After that, your health insurance usually steps in.

For other injuries, like a fall or a dog bite, health insurance is typically the first payer. In every case, we coordinate benefits, handle liens, and work with your providers so bills don't derail your recovery or your claim.

Many cases resolve within several months to a year after treatment ends. Cases with serious injuries, disputed fault, or multiple insurers can take longer, especially once a lawsuit is filed.

We usually advise against settling until you've reached maximum medical improvement, so the settlement reflects the full cost of your injuries.

Most personal injury cases settle without a trial. But insurers pay fair value when they believe a firm is ready to try the case, so we prepare every case as if it's headed to court. If a fair offer doesn't come, we'll be ready.

Criminal Defense

Stay calm and don't resist. Say clearly that you are going to remain silent and that you want a lawyer, then stop talking about the case, including on jail phones and in texts, which are often recorded. Don't consent to searches of your phone, car, or home.

Then call us, or have a family member call. The earlier we're involved, the more we can do at your bail hearing.

Not without a lawyer. Innocent people are convicted on the strength of their own statements more often than most people realize. A misremembered detail or a nervous answer can be framed as a lie.

You have a constitutional right to remain silent, and invoking it clearly protects you. If detectives want to “just ask a few questions,” let us speak with them first.

Most cases move through the same stages:

  1. Preliminary arraignment. Usually within hours of an arrest. The charges are read and bail is set.
  2. Preliminary hearing. Prosecutors must show enough evidence to hold the case for trial. It's often our first chance to test their case, and sometimes to get charges dismissed.
  3. Formal arraignment and pretrial motions. Including motions to suppress evidence obtained illegally.
  4. Resolution. A dismissal, a diversion program, a negotiated outcome, or trial.

Not necessarily. Many first-time offenders qualify for diversion programs such as Pennsylvania's Accelerated Rehabilitative Disposition (ARD), which can end with the charges dismissed and the record expunged once the program is complete. Philadelphia also runs its own diversion programs and treatment courts.

Eligibility depends on the charge and your history, and the prosecutor must agree to admit you, which is where early advocacy makes a difference.

No. In Pennsylvania, criminal charges are brought by the Commonwealth, not by the person who made the complaint. A complainant can tell the district attorney they don't want to proceed, and that can influence the case, but only the prosecutor can withdraw charges.

Never contact a complainant about the case yourself. It can lead to new charges or a bail violation.

Very serious. Charges under Pennsylvania's Uniform Firearms Act (often called VUFA), such as carrying without a license, carrying in Philadelphia, or possession by a prohibited person, are frequently felonies with heavy penalties.

They're also often built on stops and searches that can be challenged. Whether police had lawful grounds to stop you or search you or your vehicle can decide the entire case.

Often, yes. In Pennsylvania, charges that end in dismissal, withdrawal, or acquittal can generally be expunged, as can charges resolved through ARD. Pennsylvania's Clean Slate law also automatically seals many older, lower-level convictions from public view.

Some offenses can't be expunged or sealed, so we review your full record and tell you exactly what's possible.

Fees & Costs

On a contingency fee. You pay no attorney's fee upfront or by the hour. Our fee is a percentage of what we recover for you, agreed in writing before we begin. If we don't recover anything, you don't owe us a fee.

Cases carry costs separate from attorney's fees, such as filing fees, medical records, expert reports, and depositions. In personal injury cases, we advance those costs so you don't pay out of pocket, and they're repaid from the recovery. Your fee agreement explains exactly how, and we'll walk through it with you before you sign.

Criminal cases can't be handled on contingency. We typically charge a flat fee based on the charges and the stage of the case, so you know the cost up front instead of watching hourly bills add up. You'll get a clear quote at your consultation.

Working With Us

An attorney, not a call center. You'll know who is responsible for your case from day one, and you'll have a direct way to reach them. Our staff support the work, but the legal decisions and strategy come from your lawyer.

We'll tell you what happens next and roughly when, and we update you at every meaningful step, not only when you call to ask. You can reach us by phone, text, or email, and we return messages promptly.

Yes. What you share with us to get legal advice is protected, even during a free consultation and even if you decide not to hire us. Be completely honest with us. We can only protect you from facts we know about.

Yes. You can change lawyers at any point. If you switch, we handle the transition, including requesting your file. In personal injury cases, fees between the previous and new firm are typically worked out between the firms, so switching usually doesn't mean paying twice.

Don't see your question? Ask us directly.

Tell us what happened and we'll explain your options, what to expect, and what it would cost. No obligation, and everything you share stays confidential.

1500 John F. Kennedy Blvd, Suite 1300, Philadelphia, PA 19102

The information on this page is general and is not legal advice. Laws change and every case turns on its own facts. Reading this page or contacting us does not create an attorney-client relationship.

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