Questions to ask when hiring a personal injury lawyer near Collegeville PA

If you have been injured in a car accident or as a result of someone else's carelessness, you may be searching
for a personal injury lawyer. There are many accident attorneys listed online near Phoenixville, Collegeville and Pottstown.
But, you want to make sure you get the right lawyer for you and your case. How do you do that?

A good way is to look at the lawyer's biography on their website. Then, contact them and really ask them questions.


These questions should include:

1. Does the lawyer focus or concentrate in Personal Injury Cases? (as opposing to just saying he or she handles them
but meanwhile they are really focused on other areas of law). The insurance company's lawyers concentrate in personal
injury. You want to choose a lawyer who is ready to handle the insurance company's tactics and is current on this specialized
area of law. An attorney who just dabbles in this area, may not be a match for the insurance lawyers.

2. How experienced is the lawyer pursuing cases against this insurance company that you are dealing with? Ask the lawyer if he or
she knows how this insurance company defends claims like yours.

3. Ask the personal injury lawyer you've contacted whether they're experienced litigating cases similar to yours and if so, how many against this insurance company you are dealing with? The correct lawyer you choose should have already dealt with this insurance company's lawyers before, have a track record with them and know what tactics they employ. For example, experienced injury lawyers will have gone up against the doctors hired by this company and will have experience in court against them.

4. Does the lawyer have experience actually handling personal injury cases similar to yours all the way through jury trials? That is important experience which the lawyer should put to work for you in your case. The goal is to resolve your case without trial but be fully ready to go all the way when necessary. This includes all aspects of court litigation including the use of expert witnesses, trial motions and experience with the Court where your case would need to be filed.

5. Does the lawyer have any career experience defending claims? A lawyer has previously worked on the defense side will have unique insight and knowledge into the way the company opposing your claim thinks and defends cases.

David Schreiber has over 24 years of experience, where he has focused his practice on personal injury cases. Every week, he deals with the insurance companies and adjusters that try to limit or deny claims like yours. He has handled personal injury litigation over the years in the courts in our area. David has experience litigating against the lawyers the companies hire to oppose cases like yours. He has also uniquely handled cases both in house for the defense and also on behalf of injured people. That experience defending cases has given our firm unique knowledge and insight into how the insurance company may try to oppose your case. We have developed successful methods and strategies to successfully overcome the insurance company's tactics in your case and to maximize recovery for our clients, with proven results.

We are ready to answer your questions and honor your trust. You can reach David Schreiber at (610) 792-3304.

Who is responsible for a fall on ice injury in Pennsylvania

In Pennsylvania, if you fall on ice on someone else's propertyand are injured, you may have a right to bring a personal injury claim. This depends on certain factors.

There are two main types of cases. First, when there has been a general snowfall or accumulation of ice. In this type of case, you must be able to prove that the property owner and/or company responsible for
cleaning the snow/ice failed to clear the snow/ice within a reasonable amount of time. You would also need to prove that there was a sufficient amount of snow/ice build up (called the "hills and ridges" doctrine).

A second type of case is when there is an isolated patch of ice (as opposed to generalized snow/ice conditions blanketing the area). Two possible scenarios exist here. The patch of ice could have formed due to a melt/refreeze condition. Or, there could be a condition to the property that caused the ice to form there. (Such as a leaking gutter or downspout, or a hole or depression on the walkway or driveway in which ice formed).
The property owner and company responsible to clean the property is responsible for searching out patches of ices and properly treating or removing them by applying salt, cinders or, for example, by scraping.

When you are researching or investigating a fall on ice injury or a slip and fall injury, it's important to determine the: property owner, property manager and whether there was a snow/ice contractor hired.

It is also important to contact an experienced slip and fall injury lawyer. We have decades of experience handling these cases in Montgomery County, Chester County, Berks County and the Philadelphia area. If you've been injured due to a fall on ice and need help, call us today at (610) 792-3304. We can give you an evaluation of your case and explain your rights. It is important that you not speak to the insurance company for the responsible party or give any statements before consulting with a lawyer. The insurance company will attempt to get a statement from you to use against you later.

Our firm has been dedicated to successfully helping clients in the Royersford, Limerick, Collegeville, Pottstown, Douglassville and Phoenixville areas for many years. We have over 65+ years of combined experience.

What is my car accident injury case worth in Montgomery County Pennsylvania?

If you were injured in a car accident in Montgomery County Pennsylvania, chances are you have questions.

The insurance company for the at-fault driver that hit you may try to low-ball an offer to you. The insurance company bases their settlement offers upon many factors.
The adjuster may tell you he or she is considering your injuries, the treatment you had, the extent of damage to your car, and the results of any diagnostic tests like Xrays or MRIs.
But, the adjuster also is typically looking at what their company's risk of exposure is. This means that they consider what risk they have for being exposed to a verdict or judgment in Court.
Not all Counties are the same. You can bet that the Insurance Company keeps their own statistics on jury verdicts, arbitration decisions and settlements in each of the Pennsylvania Counties.
It is generally believed that Philadelphia County is the most "plaintiff-friendly" County. Meaning, that they believe their highest risk of exposure is if the case is brought in Philadelphia.

Our firm's experience is that, as you go westward from Philadelphia, the Counties often become more conservative. So, Montgomery County is more conservative on damages verdicts/settlements than Philadelphia in the eyes of the insurance company. But, a more western county, such as Lancaster or Lebanon, is seen as more conservative than Montgomery.

Under Pennsylvania Law, your personal injury case, or car accident case, can be filed either in the county where the crash happened or the county where the at-fault driver lives. The insurance company won't tell you that they have a "reserve" set on your personal injury claim. They are required to set such a reserve under the Pennsylvania Insurance Regulations. A reserve is basically the "ultimate probable value" of a claim in the estimation of the insurer. The purpose of the reserve is that it is a way for the insurance commissioner to determine and confirm that the companies are sufficiently funded to pay claims. The insurance company internally sets a reserve on your case. They won't tell you what that amount is. But, factors include what county the case can be brought. You should understand that your case in Montgomery County is worth more or less than the same case in another county.

Also, keep in mind that if you are injured, and you need medical treatment, you should make sure that you promptly see your doctor. The insurance company will criticize your claim, or try to offer a lower value, if they feel that the are "gaps" in your medical treatment. When you see your doctor make sure you explain all of your symptoms and how the symptoms have been affecting your daily life.

Remember that when it comes to assessing their risk exposure, the insurance company will consider you as less of a risk if you do not have a lawyer.

It is important to consult with a Personal Injury Lawyer who is experienced in Montgomery County. At Wolpert Schreiber, we are experienced in handling personal injury cases and car accidents, including jury trials in Montgomery County, PA. We provide free consults. If you need help, call us today at (610) 792-3304. We are ready to answer your questions.

Car Accident Case in Pennsylvania: Can the Insurance Company Deny My Injury Claim due to a Pre-Existing Condition?

Often, after you've been in a car accident in Pennsylvania, the insurance company will look for ways to oppose your claim. A common approach the insurance company will take is to argue that your injury was "pre-existing" and not caused by the car crash. First, you should know that under Pennsylvania Law, if the car crash caused an aggravation to a pre-existing condition, then you can recover damages. Meaning, if the car crash made a condition worse, that is, aggravated or exacerbated that condition, then you are entitled to a recovery. This would apply to getting reimbursed for medical bills as well as for bodily injury (sometimes also called pain and suffering). Often, the Insurance Company and their lawyers will try cite to "degenerative" conditions on an MRI or Xray. They will say those were pre-existing. Remember, most people have some level of degeneration to their spine due to age. It's normal wear and tear. The key thing is whether you actually had any recent medical treatment or symptoms before the car crash. If there are degenerative changes on film studies, but you had no symptoms or treatment before, then the pre-existing argument is weak and you have a good argument to overcome it. But, sometimes it's not as clear. If you did have medical treatment or symptoms before the crash, even recently before, then you should look to a comparison of before and after. If your symptoms were worse after the crash, and/or the required medical treatment after the crash was more involved (such as specialists, injections, or surgery), then there would be a valid argument that the crash caused at least an aggravation injury to you. Before and after witnesses are also important. If there are eyewitnesses that have witnessed a change in you after the car accident compared to before, then that is strong evidence. So, there are many ways to demonstrate that the insurance company's position is wrong. I have seen the insurance company arguments many times over the years in my experience as a personal injury lawyer. You really need to make a detailed comparison of your life before and after the crash. "Degenerative" changes are not a decisive factor as the insurance company would try to make you believe. David Schreiber (610) 792-3304 Royersford Limerick PA Personal Injury Lawyer

Fewer Personal Injury Lawsuits Confirmed by Wall Street Journal

Insurance Companies would have us believe that the number of personal injury lawsuits are spiraling out of control. There are many politicians who pander to them that also posture about this. Yet, as confirmed by the Wall Street Journal, the number of personal injury suits are actually down. By a lot. According to their findings, the number of such suits are down 500%. Some of the reasons are because of changes in laws. In Pennsylvania, there's been a change in the "joint tortfeasor" laws in the past 4 years. This has limited the ability of injured victims to recover against a defendant who has adequate insurance when there is another defendant who is uninsured or doesn't have enough insurance. Also the article cites to the rising cost of litigating cases. Personal Injury cases require a medical expert to do a report and then to testify at trial. Suits also involve filing fees, depositions, and other types of experts depending on the case. Often, these costs can have the effect of discouraging injured victims from filing suit.

Myofascial Pain Syndrome after a Car Accident

I've recently handled a case for a client who was in a violent car crash. She was eventually diagnosed with Myofascial Pain Syndrome. As a mother with young children, she had been very active before the collision, with no past medical history of problems to her neck or mid-back. After the crash, despite having immediate neck and mid-back pain, her Xrays and MRI tests were "negative". As we went through the case, the opposing insurance company hired doctors to examine her. They claimed her pain was "subjective", that it couldn't be ongoing more than a month or two after the crash because the injuries didn't show up on the Xrays or MRIs. Surely, though, would a woman who had such a good, active life before give that up just to make a claim? The insurance company would have you believe that. But, witnesses, such as other parents where she had volunteered at her son's school, neighbors, people from her church, all testified at depositions she was for real. She eventually was referred by her family doctor to a Physical Medicine Specialist, a Medical Doctor who had treated people with such conditions. We were able to prove through the Medical Expert's clinical findings, medical exams and testimony, as well as the witnesses who had seen her before and after the crash, that she had a real condition, Myofascial Pain Syndrome, caused by the crash. This was also confirmed by clinical research in the field by the Physical Medicine Specialist. Myofascial Pain Syndrome can become a chronic condition with people who suffer a trauma. It can be caused by flexion-extension forces upon the spine of the person in a car crash. The pain can be referred from the neck and shoulder area up into the head causing what are referred to as "cervicogenic" headaches. The injury can affect or be stemming from the "Facet" joints of the spine. Sometimes a combination of physical therapy and injection treatments will lessen or help alleviate the symptoms. A board-certified Physiatrist or Physical Medicine specialist can be a big asset to treating this condition. If the insurance company is disputing your claim, we recommend that you contact an experienced personal injury lawyer. Our firm has successfully handled these types of cases in Pennsylvania.

Fall on Ice in Pennsylvania and Injured - Do I Have a Case?

Ok, so you were on someone else's property, maybe a store or the landlord's property or a business, and you fell on ice. Maybe it happened in Collegeville or Limerick or Phoenixville? Or somewhere nearby. You're injured and have medical bills. Maybe you're missing work. How do you know if you have a legitimate personal injury case in Pennsylvania? The property owner, or the company responsible for maintenance, is supposed to keep the property safe for people lawfully entering the property. But, the owner/manager has to either know (actual knowledge) or should know (constructive knowledge) that there are dangerous conditions. Usually knowledge is provable when it has snowed. Also, it is important as to when the winter weather happened in relation to when you fell. If was still snowing or had just stopped, then it's harder to prove fault. Because, the responsible people need to have had a reasonable amount of time to remove the snow/ice before you fell. The more time that went by, the stronger the argument is that they were negligent for failing to clear the condition or treat it properly with salt, etc. It also matters whether you fell due to generalized snowfall or ice (that is, the snow and ice is everywhere). If so, then you must prove the defendant allowed the snow/ice to accumulate so much that it created "hills" or "ridges" that caused you to fall. That can be a tough case sometimes. If you fell due to an "artificial condition" on the property that caused a patch of ice, then that may be a cause for liability. For example, a leaky gutter or downspout that caused water to drip and pool and then refreeze. There can be challenging facts in these types of cases. If you feel you may have a case due to a fall on ice, you should contact a personal injury lawyer that has experience in that area of law. You should especially look for a lawyer who has personally handled cases like yours in Court, including the County where you were hurt. Ask the lawyer if they have handled such cases all the way through to a trial. If the defendant or insurance company for the defendant attempts to contact you for a statement, you should first speak with an experienced lawyer. There are also important items of evidence to consider such as photos, as well as witnesses. Timing is important. You may also want to promptly report the incident. If it's a business or landlord, then you should notify them directly. But, again, avoid giving any statements until you speak with a lawyer.

If you have any questions, feel free to contact us. We have successfully handled many fall on ice cases in both Federal and Pennsylvania State Courts. Our firm has over 60 years of combined experience, including injury cases like yours.