What is a "statute of limitations" and what is the time limit in Pennsylvania?

The "statute of limitations" is a time deadline for filing a legal case. Depending on the type of case, the time is measured to start from an event. For example, where there has been a car accident, the time would be measured from the date of the car accident. For a contracts case, the time would typically start from either the date the contract was broken by one of the parties or possibly from the date it was signed.

For personal injury cases in Pennsylvania, the general rule is that the statute of limitations is two years from the date of the incident. There are some limited exceptions. (For example, in a limited tort car accident case, the deadline may be extended to be two years from the date that you knew or should have known that your injury met the "serious injury" requirement of limited tort). There are also some other exceptions where a government agency or entity is involved. (For esample, in a case involving a claim that a state or local highway or road was defective, there is a requirement to give written notice to the state/local agency within 180 days). It is recommended that you check with an attorney to get an opinion as to the applicable deadlines on your case.

HOW TO MEET THE STATUTE OF LIMITATIONS

The statute of limitations deadline in Pennsylvania for injury cases or insurance cases is met when you file a case with the appropriate court. This is typically done by filing either a Civil Action Complaint or a Summons in either the correct County Court or the Federal Court. In some situations, you may be able to file with the District Justice. You must then also serve the suit papers on the opposing party(ies). An attorney should be consulted as to which court to file the suit and what should be filed.

WHAT HAPPENS IF NOTHING IS FILED BY THE DEADLINE?

If the case is not filed with the appropriate court by the deadline, then the statute of limitations by law terminates any legal rights you may have had. You generally can not go back later and file.

If you would like more information, feel free to contact us.

David E. Schreiber
(610) 792-3304

How Do My Medical Bills Get Paid After A Car Accident in Pennsylvania?

In Pennsylvania, it's called "No Fault" for medical coverage for a car accident. This means that, regardless of who is at fault, your medical bills are covered under your own car insurance policy (up to the limits of your coverage). In Pennsylvania, the state minimum for medical coverage on auto policies is $5,000. You are required to have at least $5,000 in medical coverage on your policy. Also, the medical coverage "follows the person". That means that your medical coverage under your auto insurance still covers you even if you are driving, or a passenger in, someone else's car.

If you don't own a car or live with a blood relative that has car insurance, you could still be eligible for medical coverage. If so, if you are in someone else's car, their medical coverage would then apply for you.

Pennsylvania Search of Court Records... online

This is how to search for court dockets on criminal matters.

Go to the Administrative Office of Pennsylvania Courts at this link. You can search by individual, or docket number.

edit and paste into your web browser:

http://ujsportal.pacourts.us/docketsheets/cp.aspx

The Insurance Company says I am "Comparatively Negligent". What does "comparative negligence" mean in Pennsylvania?

The insurance company may be telling you that they either won't pay or they won't pay what's fair because they are claiming you are "comparatively negligent". This means that they are claiming you were partially at fault. In other words, they are saying you did someting unsafe, or "negligent", which was a cause of your injury.

For example, you fail to see a hole or defect in the floor in a store and fall. The store's insurance company may argue that you weren't looking and should have seen the hole or defect.

In Pennsylvania, an injured person can not recover if his or her negligence is greater than the negligence of the defendant or defendants against whom the recovery is being sought. (42 Pa CS Section 7102). If a court found your negligence to be more than 50% of the cause of the cause, then you would not be able to recover any damages. As long as the defendant was at least 50% at fault, you could recover damages, but your damages would be reduced by the amount you are found to be "comparatively negligent". For example, if a jury or judge found that you were 25% comparatively negiglent and the defendant was 75% at fault, the jury (or judge if in a non-jury trial) would then have to decide the dollar amount. Say, the damages were found to be $40,000. They would then be reduced by the percentage of comparative negligence (25%) for a net of $30,000.

If you would like more information, or have a question, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

http://www.PAinjurycase.com

Dog Bite... "Do I have a case?" and "Is there a 'one free bite' rule" in Pennsylvania?

The most important things to know if you are wondering if you have a case:
1. was the dog that bit you unleashed?
2. was the dog roaming free off the property of its owner?
3. was the dog not under any person's control?

If the answer is yes to any of those three questions, most likely, there is a legal case for negligence.

THE LAW

In Pennsylania, an unleashed dog off the premises and/or not under someone’s reasonable control is a violation of Dog Law, 3 P.S. 459-305 (“Confinement of Dogs”). A bite occurring by such an unleashed, roaming dog off the premises in violation of Section 459-305 does not require you to prove the dog had a "dangerous propensity". (Miller v Hurst, 448 A2d 614 (Pa Super 1982): “The restraint requirement of the dog law is the standard to be utilized in determining whether a person has complied with the common-law duty to exercise ordinary care; (3) an unexcused violation of the dog law is negligence per se; and (4) evidence that defendant intentionally allowed his dog to run without restraint prior to time plaintiffs' six-year-old child was bitten by dog and injured was sufficient to make out a prima facie case of negligence.”; Liles v. Balmer, 567 A.2d 691 (Pa Super 1989): where dog ran out into street causing moped crash, “prima facie case of negligence can be established by evidence that dog has been allowed to run without restraint in violation of the dog law. 3 P.S. § 459- 305. Evidence of prior lack of restraint which permitted dog to run into street was not relevant in action arising from moped accident to prove negligent lack of control of dog at time of accident. 3 P.S. § 459-305.”)

WHERE THE DOG BITE HAPPENS ON THE PROPERTY OF THE OWNER

You must prove the dog had a "propensity to bite/attack". An old version of the law was referred to as the "1 free bite rule". This is no longer the case. If the dog bite happened on the owner's property, the "propensity to bite/attack" can be proven by the bite to you itself. Commonwealth v. Hake, 738 A.2d 46 (Pa. Cmwlth. 1999) (and Section 502A of the Dog Law) (the Hake case permitted a finding of a "propensity" to attack human beings by virtue of the attack in question, even if it is only the first attack).

If you have any questions or would like more information about the Pennsylvania Dog Law, feel free to call us.

David E. Schreiber
Of Counsel
Law Offices Of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Why won't the insurance company pay for my lost wages?

If you have been in a Pennsylvania car accident and have missed time from work, you may be able to get lost wages repaid. The first thing you want to do is check your own car insurance policy. Even if the other person is at fault, you have something called "no fault" coverage on your policy. You may have wage loss coverage on your policy. If you do, the advantage is that you can apply for and collect lost wages as you are losing the time. (If you don't have this coverage, ask your insurance agent to have it added onto your policy. Or, if you want to switch insurance companies, ask about this coverage. It is not expensive). If you don't have wage loss coverage under your own policy, then the at-fault driver's insurance company would owe you lost wages. The problem there is that the at-fault insurer likely won't pay your lost wages without a full release of all claims. You won't want to sign any release unless you are done with your case. So, you may be stuck waiting to be repaid the lost wages until the end of your case (meaning, if you are also making a claim for bodily injury).

The bottom line is to make sure you have wage loss coverage under your own policy: it's not expensive, and it will pay you as you lose the time from work.

If you have any questions, feel free to contact us for a free evaluation/consultation.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Motorcycle Accident Cases

I recently had depositions in a motorcycle accident case in which our client was hit at night by a car. Our client had extra lighting on his motorcycle for more visibility at night. High-definition lighting was added. It seems like a good safety feature to add to a motorcycle. Also, if you are injured in a motorcycle accident, it is a good idea to take a look at your operator's manual. In our case, the defendant was claiming our client made some steering manuevers just before the crash. In the information provided in the operator's manual of the motorcycle, it shows that such claims were all but impossible for this type of motorcycle.

Make sure you save any receipts for custom parts to the motorcycle. It is interesting that the major insurance companies do not have a set formula for valuing the property damage, market value, of motorcycles which are totaled in a car accident. With a car, they simple apply their formula valuations and then try to argue from there. However, with a motorcycle, they will usually tell you to get and supply your own estimate from a qualified dealer or appraiser.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

www.PAinjurycase.com

Can I Get Pain and Suffering Damages If I Have Limited Tort On My Car Insurance In Pennsylvania?

http://www.hg.org/article.asp?id=19923

What is a Deposition?

A deposition is a question and answer session in a legal case. In Pennsylvania, during a civil litigation lawsuit, both sides are allowed to seek "discovery". This means they are allowed to take depositions of witnesses to find out what the witnesses know and would say in court. The deposition is "transcribed" by a stenographer. That is, the stenographer will take down everything that is said and print it out in a transcript, so that there is a record of what is said. The deposition is under oath- you are sworn in to tell the truth.

In court, a witness can be cross-examined using their deposition transcript (that is, if they said something different than what they said in their deposition).

If you are scheduled for a deposition and are one of the parties in the lawsuit, your lawyer will typically meet with you before the deposition to prepare you for what will be asked and what you will need to know.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

serving: Berks, Chester and Montgomery Counties
Personal Injury Lawyers

What does "No Recovery No Fee?" really mean?

The "Contingency" Fee is a fee agreement with a lawyer in which your fee is dependent on the outcome of the case. Typically, this means that if the lawyer doesn't win the case, there is no fee. You should look out for the fine print. Often, law firms advertise that there is no fee if they don't win your case, but you are still responsible for "costs". "Costs" typically are expenses during the case such as court filing fees, deposition/stenographer bills, expert bills, or costs for getting medical records. Ask the lawyer if they will still bill you for the costs if they don't win. Also, ask who is responsible for paying the costs up front. Some lawyers may even make you pay for those costs during the case.

A reputable personal injury lawyer or personal injury firm will not only agree to a "contingency fee" and to advance those costs (pay them up front), they will agree that if they don't win your case, they will eat those costs and not bill you.

If you would like more information, free free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Accident Injury Lawyers

How do you know if you have a Product Liability Case?

A "product" in Pennsylvania law is anything that is a tangible item that is manufactured and sold. The Pennsylvania Law follows what is called the "Restatement of Torts" and explains that a "defective product" is one that is unsafe for any of its expected uses. So, to figure out if you have a case for product liability in Pennsylvania, there are four key questions.

Here are the four keys to whether you have a products liability case in Pennsylvania:

One, Were you injured using a product?

Aside from the the obvious "injury" requirement, you need to have been in the course of using a "product". As mentioned, a product is a tangible item, which is manufactured and/or sold. A "service" which you paid for is not a product. An example of a product would be a car, bicycle, exercise equipment... you get the picture.

Two. Was the product unsafe for its intended or expected use?

Here, the first key is whether the product lacked something which would have made it safe. For example, should there have been a protective guard on a machine, or should there have been some type of fail-safe mechanism like a pressure release valve on a furnace.

Also, if you were clearly mis-using the product in a way that would be unexpected, then that would prevent you from winning a case. An example of misuse would be you were standing on a ladder sideways to use it as a walkway for scaffolding.

Three. Was the product at the time of the incident happened in the same condition as it was at the time it was manufactured or sold?

Here, if you or someone "substantially" changed the product AND that change was a cause of the injury, then you would not win a product liability case. An example would be you removed the guard off a circular saw or a machine and used it and cut your hand. But, a change that is not substantial and was not related to the cause of the injury would not lose your case. For example, painting a car a different color or changing a side mirror on a truck but the injury results from defective brakes.

Four. Do you have enough "damages" to make the case worth pursuing financially?

Product Liability cases are typically both expensive and time-consuming. They usually require you to hire an expert to inspect the product and give a conclusion as to whether the product was defective. If you did not have a serious injury or the injury went away within a short time, you probably do not have enough damages to make a case worth pursuing.

If you can answer yes to those four questions, then you probably have a case for an unsafe or defective product.

If you have any questions, feel free to call us for a free consult and evaluation of your case.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

http://www.PAinjurycase.com

Injury Accident Lawyers serving Royersford, Boyertown, Phoenixville, Collegeville, Pottstown, Birdsboro, Schwenksville, Douglassville, Stowe, Montgomery County, Berks County, Chester County

How Motorcycle Insurance is Different that Car Insurance in Pennsylvania

If you have been in a motorcycle accident or are buying motorcycle insurance, here is some information about how motorcycle insurance is different than car insurance.

If you've had a personal injury accident or motorcycle accident, you will want to be insured correctly for damages.



David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

610-792-3304

www.thomaswolpert.com

Can You Sue in Pennsylvania for a Sexual Assault?

In Pennsylvania, aside from a criminal case, a victim of a sexual assault can bring a civil case for the assault. There are, though, some realties to consider. First, the biggest question is that the defendant who committed the act may likely not be able to personally pay an award or judgment. Then, the question becomes, is there any insurance coverage. Most likely, the defendant won't be covered under personal insurance for an intentional act. However, there may be a third-party who is also responsible. For example, if it happened at a public place, such as a parking garage, bar, or commercial property, there may be a case for negligent security.
Another instance could be if it occurred at a place of employment, or the defendant was or should have been under the control of a company or some other third party.
The potential grounds for negligence of such a third-party could also include:

Negligent retention/hiring of employees
Negligent failure to supervise their employees
Premises liability or
Negligent failure to supervise child-victims

These are obviously very traumatic and emotional cases. Potential claims for damages can include:

Pain and Suffering
Negligent Infliction of Emotional Distress and/or
Intentional Infliction of Emotional Distress
Invasion of Privacy
Assault
Battery
Negligence (by a third-party)
Lost wages/earnings
Medical Bills

If you would like more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

www.PAinjurycase.com
www.thomaswolpert.com

Warning: Using your car as a delivery driver - what happens to your car insurance

Many people use their own car for a job like delivering pizza. They don't think to consider what happens with their insurance coverage.

If you do not inform your insurance company that you are using the car for a job like a delivery driver, you may not be covered! In other words, say you are driving your car delivering pizza and you are involved in a car accident. Your insurance company may determine that use is not covered under your policy. That business use was not contemplated when they determined your premiums- they will say that they did not insure you for that loss.

We recommend that you contact your insurance company or agent to inform them you are starting such a job. If it does raise your rates, you should consider that as to whether you still want to take the job. It's better to be safe and let them know than to find out when it's too late that you don't have coverage for an accident.

If you have more questions, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

Serving: Royersford, Limerick, Pottstown, Collegeville, Phoenixville, Schwenksville, Boyertown, Douglassville, Birdsboro, Gilbertsville, Montgomery County, Berks County, Chester County.

What is "Stacking" on my car insurance policy?

For car insurance, "stacking" means you can "stack" or multiply your underinsured motorist and uninsured motorist coverages times the number of vehicles / cars on your policy. So, if you have 2 cars in your household on your car insurance policy, and you have $50,000 in underinsured and uninsured, buying stacking gives you $100,000 in coverage. This is typically worth the price. The premium for stacking is not usually a lot. Ask your insurance agent.

If you have more questions about car insurance, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.

serving: Royersford, Limerick, Pottstown, Douglassville, Phoenixville, Collegeville, Birdsboro, Boyertown, Schwenksville, Gilbertsville, Montgomery County, Chester County, Berks County.

www.PAinjurycase.com

Does an Underinsured Motorist Claim affect my insurance rates?

When you purchase Underinsured Motorist Protection under your insurance policy, you are pay premiums to protect you and your family. You are protecting yourselves against the careless driving of others. More specifically, you are buying protection for those other drivers who don't have adequate insurance. The Pennsylvania State Minimum insurance coverage is only $15,000 for liability. So, if your damages are more than $15,000, your Underinsured Coverage would kick in to cover you for the excess.

Ask your agent for quotes.

If you would like more information about Underinsured and Uninsured Motorist Coverage, feel free to contact us. There is no cost to speak to us about car insurance coverage.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304

www.PAinjurycase.com
www.Thomaswolpert.com

Buying Motorcycle Insurance

If you are buying motorcycle insurance, there are some different things to consider than when buy regular auto coverage. For car insurance, Pennsylvania Law requires a minimum of $5,000 in medical coverage, also called "no-fault" or PIP coverage. With motorcycle insurance, medical coverage is not mandatory. In fact, many motorcycle insurers don't provide medical.

CONSIDER:
If you have no health insurance, you should look for a motorcycle insurer and policy which carries medical coverage. This is because if you have no medical coverage on your motorycle, then your health insurance covers it.

WHY WOULDN'T THE AT FAULT DRIVER'S INSURANCE PAY MY MEDICAL BILLS?
The insurance company for the driver that hit you on your motorcycle IS responsible for your unpaid medical bills. But, they typically won't pay them until you sign a full release of claims. So, while your injury and/or medical claim is open, you would be stuck with unpaid bills if you have no medical on your motorcycle policy or no health insurance.

For more information and tips about buying motorcycle insurance, feel free to contact us.


David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com

Serving: Royersford, Limerick, Collegeville, Pottstown, Boyertown, Gilbertsville, Birdsboro, Douglassville, Route 422 Corridor, Montgomery County, Chester County, Berks County

American Association for Justice Calls for Increased Auto Safety Legislation

According to the American Association for Justice, The US Congress should increase accountability for safety violations. AAJ also calls for the improvement in disclosing “early warning” dataand brake-override systems in all new motor vehicles.

The US Senate Commerce, Science, and Transportation Committee is having a hearing on safety laws for automobiles.

According to AAJ, this is resulting from the situation with the Toyota Sudden Acceleration problems. AAJ in its press release indicates Toyota “deliberately delayed alerting the National Highway Traffic Safety Administration (NHTSA) about possible defects from their vehicles’ accelerator pedals and floor mats. NHTSA imposed a maximum $16.4 million fine over the sticking pedal defect – which could have been as much as $13.8 billion or $6,000 per car for the 2.3 million vehicles that were recalled – had the agency not been confined to a penalty cap.”

The AAJ’s Press Release is also asking the Legislature to do the following:

“Increase civil penalties. Currently, the limit on civil penalties is $16.4 million, not an adequate deterrent to report safety problems. “ AAJ is proposing there be “no maximum limit on fines to ensure manufacturers promptly disclose safety problems, or risk hefty penalties. News reports indicate Toyota often dragged its feet over safety recalls here in the U.S. For example, in October 2004 Toyota issued a recall of 330,000 vehicles in Japan to replace the steering relay rods. A recall was not issued until a year later in the U.S. for the same defect, leaving unsafe automobiles on the road while Toyota continued to profit.”

“Enhanced disclosure. Further public disclosure of “early warning” data that auto manufacturers submit to NHTSA quarterly will provide consumers with the ultimate weapon – the ability to know if there might be a problem with their vehicle or one they plan on purchasing.“

“Require “black box” event recording on vehicles. New vehicles should be equipped with recorders to detect crash information, such as the ones required on airplanes. Data recorders help investigators identify exactly what happened when an accident occurred and more easily assess malfunctions and safety hazards.
“Require a brake-override standard. This would stop any vehicle once normal braking pressure is applied, even when the throttle is open.”

For more information, and the full text of the Press Release, go to www.justice.org

If you would like a free consultation on Pennsylvania personal injury matters, feel free to give us a call.
For more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

serving: Royersford, Pottstown, Limerick, Boyertown, Phoenixville, Douglassville, Collegeville, Gilbertsville, Birdsboro, Montgomery County, Berks County, Chester County.

Worried about your PECO Electric Bill going up? Voice your complaint...

The Pennsylvania Public Utility Commission controls electric rates in Pennsylvania.
On Tuesday, June 29, the "PUC" will be holding a hearing for PECO Electric and Gas Distribution customers weigh in on the company's proposed electric and gas rate increases.

The hearing will at 6 p.m. at the Worcester Community Hall, 1721 Valley Forge Road.

PECO has filed a petition before the PUC for an approximate $316 million increase to its service.

If approved, the bill for a residential customer using 500 kilowatt hours (kWh) would go up by 10.1 percent to about $89.

Customers have the opportunity to voice their views to the PUC Hearing Judges. PECO representatives will be present.

For more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

serving: Royersford, Pottstown, Limerick, Boyertown, Phoenixville, Douglassville, Collegeville, Gilbertsville, Birdsboro, Montgomery County, Berks County, Chester County.

Dangerous Roads Article

Nice article by MSNBC about Dangerous Roads in the U.S.

http://www.msnbc.msn.com/id/7844269/ns/dateline_nbc//

Drunk Driving Fatalities in Pennsylvania

In 2008, the National Highway Transportation Safety Authority determined that 34% of all traffic fatalities involved a driver who was .08% or higher blood alcohol content. This is a staggering figure, but is down from the 52% from the 1982 study.

If you or a loved one is injured by a drunk driver, call us for a free evaluation. We are experienced in handling these cases and have been recommended by Mothers Against Drunk Driving to victims of drunk drivers.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304

Serving: Royersford, Pottstown, Phoenixville, Birdsboro, Limerick, Douglassville, Boyertown, Collegeville, Montgomery County, Berks County areas

Volkswagon Recalls Minivans

According to the AP, Volkswagen AG is in the process of recalling about 16,000 minivans, the "Routan", because of fire concerns on the sliding doors.

Volkswagon has indicated the recall is for 2009 minivans. They are built in Windsor, Ontario at Chrysler's plant.

Recently, Chrysler recalled almost 285,000 Dodge Grand Caravan and Chrysler Town & Country minivans. Those recalls were due to fire concerns inside the sliding doors.

If you would like more information, or would like to speak to a personal injury attorney, call us.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304

Royersford Limerick Collegeville Pottstown Birdsboro Gilbertsville Douglassville Phoenixville
Montgomery County Berks County

Gulf Oil Spill- Huge Legal Implications

As a result of the Exxon Valdez spill in 1989, the 1990 Oil Pollution Act was created. That case took about 20 years to complete and obtain compensation for the victims. According to UPI sources, the company that owns the drilling rig that exploded in April, it has asked the court for a cap on its damages exposure under an old law dating back to the 1800's. The judge hearing that request has suspended many claims against drilling rig company. That company leased the drilling platform and rig to BP. That matter is pending.

Already, Louisiana lawyers are working on a suit against BP for commercial fishermen and businesses affected by this spill, according to UPI.

Under the Oil Pollution Act of 1990, the responsible company designated by the US Coast Guard, can be liabile for up to $1 billion for cleaning and repair to natural resources. It also allows for $75 milliion for victims in lost income damages.
However, that does not include negligence/tort civil suits. So, in the end, a responsible company, if found negligent in civil suits, could pay much much more.

For more information about Pennsylvania Legal News, or if you would like to speak with an experienced civil litigation lawyer, call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304