What your lawyer should do for you

Of course, a lawyer should try to get the best result they can for you.
That goes without saying. But, there are more basic things that should be done along the way. Unfortunately, from my view, not all lawyers do these little things, but should.





Your lawyer should:

- keep you updated (you should be informed as to what is going on)
- listen to your concerns and try to solve them for you
- remember that you are the boss, it's your case
- return your phone calls as soon as possible
- treat you with respect (as the saying goes, do unto others as you would want done to yourself)
- be available for meetings with you at your request
- explain what will be happening on your case (and understand this is probably the first time you've ever gone through something like this)
- give you plan of action on your case (there should be a plan for how to accomplish the goals you want

The Truth: Lawsuits declining

You hear it often. Insurance company ads about frivolous lawsuits or too many lawsuits. People who commonly think lawsuit filings are out of control. The facts confirm this isn't true.

The Pittsburgh Business Times, states:

"There were 1,617 med mal cases filed statewide in 2007, compared to 1,693 in 2006 and 2,903 in 2002."

The also confirm that across Pennsylvania, verdicts dropped to 185 from 229 in 2006 and 223 in 2005.
The defense verdicts remained about 82% in medical malpractice cases.

There were 9 verdicts above $10 million between 2000 and 2003 for medical malpractice. From 2004-2008, there were only 5.

"The latest statistics provide additional evidence that the sharp drop in medical malpractice litigation, which began in 2003, was not a temporary correction, but a sustained response to the procedural rule changes adopted by the Supreme Court and the statutory changes enacted by the General Assembly," Chief Justice Ronald Castille said.

Additional statistics from the Supreme Court are expected soon, to confirm the continuation of this trend.

How to make a complaint about a Bar serving a drunk driver

In Pennsylvania, a bar or drinking establishment can not serve someone who is visibly intoxicated. Meaning, someone who is showing visible signs of being drunk. If they serve a visibly intoxicated person who then leaves and causes a car accident, the bar can be held responsible in a "civil" personal injury case.

Unfortunately, the news too frequently involves heart-breaking stories of drunk driving accidents in our area. These often occurred on main highways like Route 422 or Route 100. But also there are local roads as well.


David Schreiber
610-792-3304
www.PAinjurycase.com

The PA State Police have a Bureau of Liquor Control Enforcement. You can contact them to report a violation or a Problem Bar and request that they investigate.

Bureau of Liquor Control Enforcement Headquarters
3655 Vartan Way
Harrisburg, PA 17110

Phone: (717) 540-7410
Fax: (717) 540-7452

Car Accident on Route 562

We have seen increased car accidents on Route 562 in the Boyertown, Amity, Douglassville areas. Why? Not sure if it's been increased traffic, need for changes to the roads, or something else.

There has been more development.

If you have seen or been in an accident on this road, or simply are aware that there have been more car accidents, let us know what you think. Maybe it's time to make suggestions on improving the road or traffic controls.

Re-Check Your Auto Insurance

When you get your renewal in the mail for your car insurance, take a few minutes to actually look at your coverage. Do you have wage loss coverage? Do you need it? Do you need more than you have? The amounts may say "$1,000/$5,000"- that means $1,000 per month for a total of 5 months. Think about whether you have disability (short term or long term) through work. That may affect how much wage loss coverage you want on your policy. Look at the amount it costs- it should be relatively cheap.

Also, take a look at the "underinsured/uninsured motorist" coverage. This is what protects you and your family against everyone else on the road's carelessness. Make sure you have it and have enough of it. Ask your agent or broker or insurance company for quotes on different prices.

There are other coverages that are less obvious such as "stacking" of underinsured/uninsured coverage, collision/comprehensive deductibles and coverage and medical coverage. If you aren't sure, ask your agent or insurance company for more information. As to the medical coverage, consider what type of health insurance you have-- after a car accident, you have to use your health insurance if your auto medical exhausts.

David E. Schreiber
(610) 792-3304
www.PAinjurycase.com

After My Accident: Insurance Adjuster Keeps Calling- What Do I Do?

Ok, you were injured in an accident- a car accident, a fall, or other injury. Now, the insurance company keeps calling you. Here are some reminders:

First, find out which insurance company's adjuster is calling. If it's your own insurance company (like for a car accident, it would be considered your "first-party" adjuster). You typically are supposed to cooperate with your own insurer (it will be a section in your policy, often called a "duty to cooperate). You would provide your own company with the basic information. For example, if you were in a car accident in Collegeville or you fell in Phoenixville, you provide that information to your own company. They will assign you a claim number. Ask your adjuster what coverages and benefits are available under your policy. You can ask them to provide that in writing.
If they want a statement, ask them if you are required to give them one under your policy and ask them to tell you where in your policy it says that. If you are unsure, contact an experienced injury lawyer.

If the insurance company calling you is the liability insurance company (that is, the insurer for the at-fault driver in a car accident, or the insurer for the property where you fell, etc), then you should be very careful about what information you give out. Often, insurers will assign adjusters to a geographic area. For example, some insurance companies have an adjuster assigned to Pottstown or Collegeville or Montgomery County. They will call you if your accident happened there. They may ask you for a statement. You should be very careful about providing any statement to an opposing insurance company without getting a lawyer. Remember, their job is not to pay what's fair, but rather, to save their company money. They may be motivated to settle your claim- but don't mistake that for being fair. Their desire to close the claim is based on what's best for their company- they may believe they can get you to agree to settle for less early on before you know what your injuries are or you have additional expenses.

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

(610) 792-3304
www.PAinjurycase.com
David E. Schreiber

I was in a car accident- how do I get my lost wages paid?

After a car accident, the law in Pennsylvania says that you can recover for lost wages. This means that you have to show that you were disabled from work by your doctor and that you missed work. Say, for example, you were in a car accident where you were rear-ended on Route 100, Route 422, Ridge Pike, or Route 23. You have car insurance and so does the at-fault driver. First, you need to check your own policy. Ask your insurance company if you have "no fault" (also called "first-party") wage loss. If so, after the standard 5-day deductible, your insurance would pay your lost wages month-to-month. But, if you don't have wage loss coverage, or your wage loss coverage isn't enough to cover all of your wages, then you would be pursuing wage loss against the at-fault insurance company. The downside is that the at-fault company typically won't pay your wages without a full release (you don't want to sign any release without a lawyer and without knowing that you are ending all rights to all claims).

The two things the insurance company will require to pay your lost wages will be:
(1) a disability note from your treating doctor; and
(2) a wage verification from you employer indicating your salary/wages/number of hours per week (or sometimes the insurance company will simply accept a pay stub or your W-2).

If you have any questions, feel free to contact us.

David Schreiber
610-792-3304
deschreiber@thomaswolpert.com

Hurt Back in Car Accident in Collegeville- Insurance Company Won't Pay

If you were rear ended or in a car accident in Collegeville, Phoenixville, Limerick, or Royersford, and you are facing an insurance company who won't pay, you still have options. Maybe the insurance company is State Farm, Allstate, Nationwide, or Erie? Those are 4 of the most common insurance companies in this area.

1. First, send a letter or fax to the at-fault insurance company simply asking that they respond in writing with their reason for not paying.

2. Consider getting a consultation with a lawyer who specializes in personal injury law. You should be able to get a free consult. Our firm does free consults.

3. You should get a copy of your own medical records (often, you can get your medical records from the car accident from your own insurance companay- since they pay the medical bills up to the limits of your medical coverage- they will have those records.

4. You should make a list of witnesses - there are two types of "lay" (non expert) witnesses for injury cases. One is a witness to the actual car accident. A police report would list any witnesses identified at the scene by the police. A second type of lay witness would be people who have known you before and after the accident who have seen any differences in you physically since the accident. These could be co-workers, clergy, friends.

5. Request a copy of your own insurance company's policy and "declarations" page (the page listing all the coverages).

6. Go to the doctor if you are having symptoms and follow their instructions. This will help you get better and you have paid for the coverage on your policy for medical bills.

If you have any questions feel free to contact us.

David Schreiber
(610) 792-3304

Car Accident - Other Driver Was From New Jersey- What does that do to my case?

If you were injured in a car accident, maybe on the Schuylkill, Route 422, I76, the Turnpike or elsewhere and the other driver from from another state... read on.

If the accident happened in New Jersey and the other driver was from New Jersey, there are some issues. New Jersey law will apply and there is a "deemer" statute law. This basically can limit your rights to recovering pain and suffering also referred to as bodily injury. You may be required to have a permanent injury or disfigurement or other type of serious injury to recover.

If the accident happened here in Pennsylvania but the other driver's car was registered in New Jersey or another state, this could actually be a positive for your claim. If you have "limited tort", there is an exception if the other driver's vehicle was registered in another state. This means that the limitations of "serious injury" to get bodily injury damages don't apply to your claim. You are instead considered "full tort" and have no restrictions on recovering pain and suffering or bodily injury.

In Car Accident- How Do I Get a Copy of The Police Report? What Happens If There Was No Police Report Done?

If you were in a Car Accident in Pennsylvania, the Police typically will do a Police Accident Investigation Report. This is not the same as the one page "Notice of Accident Investigation" that you may have received from the Officer at the accident scene. Typically, the full Accident Investigation Report takes about 5 days for the Police Department to complete. It usually requires the supvervisor or Sargeant to review it and sign off. You can get a copy by contacting the Police Department and requesting the Report be sent to you. Or, you can stop in to pick it up. Most Departments will charge $15 for the Report. First, ask your insurance company to give you a copy - they may have already ordered it and then you won't have to pay. If the Accident happened on a State Route, such as I-76 (Schuylkill Expressway), or if it happened in an area patrolled by the State Police (such as some areas of Route 422 or Route 100 or Route 73), then the State Police respond and do the Report. It usually takes the State Police longer to do the full Report (usually about 2 1/2- 3 weeks). You would need to call the State Police Barracks to ask for a copy if your insurance company doesn't have it.

Sometimes the Police will not do a Report. If there were no injuries reported at the scene and/or both vehicles were driveable, then they may not do a Report.

If the Police do not do a Report, make sure you promptly contact your insurance company anyway to notify them of the auto accident. In Pennsylvania, the Police Report itself is not admissible in Court. So, whether a Report is done or not, if the case went to Court, you would still have to prove liability on the other driver. NOTE: Even though not admissible, the insurance company uses the Police Report to help them decide who is at fault. If you know of any witnesses, and no Police Report is done, it is important to obtain a witness statement from any witnesses.

Feel free to contact us if you have any questions or would like more information.


David Schreiber, Esq.
Personal Injury Accident Lawyer
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

Do I have a personal injury case?--Injured from Fall on Ice in Montgomery County?

Ok, so you fell because of ice, maybe in Collegeville, Pottstown, Royersford, Limerick or elsewhere. How do you know if you have a valid personal injury case?

It will depend partially on where you fell. Was it on the property of a business or an individual? Businesses are held to a higher standard of care to keep their property cleared.

It will also depend on what caused the ice to form and how long the ice had been there. Pennsylvania law requires that there be an unreasonably dangerous condition that the property owner knew or should have known about; and, that the landowner failed to treat or remove the dangerous condition. If there was a defective condition on the property that caused the ice to form (such as a leaky drain spout or a hole in a walkway), that is a clear example of an "artificial condition". Those are a strong argument for liability. Otherwise, if it is simply ice that formed as a result of precipitation, then there are two possibilities. One, if it was an isolated patch of ice (versus generalized icy conditions in the area), then the test is how long the property owner had to clear or treat the ice and what efforts if any they made to do so. If you fell in an area where there was a large solid sheet of ice, then there must have been a large enough amount of precipitation that it caused a "dangerous accumulation" of snow/ice that the property owner failed to treat or clear.

It is important to get photos of the area or condition where you fell if possible. Any witnesses to your fall or to the condition where you fell will be important.

Lost wages claims in Pennsylvania

If you were in an accident and lost wages from work, you may be entitled to be reimbursed. How and when will depend on the type of case. If you were in a car accident, whether on Route 100, Route 422, Ridge Pike, Route 73, or another local road, and it was someone else's fault, then you have two potential sources to recover.

First, if you have wage loss on your own policy, you can apply for wage loss coverage. The advantage is that under your own policy, you can collect wage loss payments as you lose the wages- while the case is ongoing. Your insurance company will pay you up to the limits of your coverage (under "No Fault" benefits) after you miss 5 days from work. (There is a 5 day deductible in Pennsylvania for auto insurance wage loss "no fault" benefits).

If you don't have wage loss on your own policy, or, if your coverage isn't enough to cover all of your lost income, the insurance company for the other driver will be responsible. But, they most likely won't pay your lost wages until the end of the case.

If you were hurt because of a fall on ice or a defect or dangerous condition on someone or some company's property, you should find out if their insurance company had any "No Fault" benefits. They might have wage loss coverage.

Regardless of the type of case, if you were hurt as a result of someone else's negligence or fault, then under PA law, you are entitled to be reimbursed. This includes lost pay or salary you've lost since the incident and any loss of future ability to earn income (also called lost earning capacity). Loss of future earnings may require an expert - doctor and/or vocational expert or economist to calculate these losses.

If you have any questions, feel free to contact us.

What is Mediation in Personal Injury law suits?

Mediation is when the parties to a civil law suit agree to essentially a settlement conference. They typically agree to hire a Mediator who is trained to get the two sides to hash out their differences to try to settle the law suit. A Mediaton is usually "non-binding". This means that the Mediator is simply making suggestions and recommendations to the parties. Either side can refuse to agree and the case is then not resolved. However, the fact that both sides agree to a Mediation and mutually select a Mediator means that each is obviously interested in trying to get the case done. The factors include reducing the risks of an uncertain result at trial and the often expensive costs of litigation (expert witnesses, depositions, etc). Mediators will typically charge according to a set hourly rate and they will need to review documents in the case as well as some type of Memo or Brief from the parties outlining the case. Still, the Mediator's costs will be less than what most cases will cost to go trough a full trial.

I have found Mediations to be an effective way to solve disputes and litigation. The ultimate goal as a personal injury litigation lawyer is to solve my clients' problems while achieving the best result possible. Often, giving the clients an opportunity to test their case in front of a good mediator is very effective. There are times when it is not, such as when an insurance company is not willing to commit to a fair Mediator or when the two sides are too far apart to make a Mediation work. In my personal experience, Mediations have resulted in a settlement about 70% of the time. Sometimes you leave the actual Mediation without a settlement agreement, but follow up with the Mediator does achieve and agreement. Another key is that you need to have the case prepared for trial. There is no substitute for lining up witnesses, taking the depositions of the key personnel of a corporate defendant and obtaining expert reports from treating doctors and qualified liability experts. Litigation and law suits are like a sport, one in which preparation is critical.

Car Hit By Drunk Driver on Route 422 or Route 100 or Route 73 And Need Lawyer?

If you were in a car accident caused by a drunk driver, there are issues you need to consider. For example, where was the other driver coming from? Was he/she drinking at a bar? If so, the bar may also be responsible for "dram shop" liability. Another question is whether the other driver has valid insurance. The police will probably notify you to attend a preliminary criminal hearing for the at-fault driver. If so, you would be a witness as to whether the other driver appeared to show signs of intoxication. If you are limited tort and the at-fault driver either pleads guilty to DUI or is placed onto "ARD" (a type of suspended sentence), the DUI is an exception to limited tort. That means that you have no restrictions on your rights to recover bodily injury pain and suffering damages from the at-fault driver or his insurance company.

There are important items that need to be investigated as early as possible if you were hit by a drunk driver. Witnesses need to be identified, where the defendant drank, possible accident scene evidence could be photographed and your injuries should be photographed if possible.

Hurt in Motorcycle Accident Near Route 100 or 422 and Have Medical Bills ?

If you were hurt in a motorcycle accident in Pennsylvania and have medical bills, it can be a difficult situation. Since Pennsylvania is a "no-fault" State for medical in accidents, it first goes to your insurance.

First, check with your motorcycle insurance. You might have medical coverage. If so, your insurance will pay up to the amount of the coverage. That's easy.

But, chances are, you won't have medical coverage on your motorcycle insurance (most policies do not in Pennsylvania and it's not required, unlike for car insurance). Then, you must look to your health insurance. If you have health insurance, show them proof that your motorcycle insurance doesn't cover medical.

If you don't have health insurance, you can be in a difficult situation. It is true that the person's insurance who was at fault is responsible for your unpaid medical bills. But, the problem is that their insurance company probably won't pay your medical bills unless you sign a release of any bodily injury claim. That is not a good idea if you have ongoing injuries. You might need to work with your medical providers to figure out something if you are making an injury claim. Sometimes your doctors will accept what is called a "letter or protection" that they will be paid at the end from the settlement or recovery against the at-fault insurance company.

If you are unsure, you should contact an experienced personal injury lawyer.

David E. Schreiber
(610) 792-3304

Where you drive and how long your commute is affects your insurance rates

When you apply for insurance, your insurance company will ask how long your commute is. They will also consider where you live. These are factors which go into their "underwriting" formula for determining your rates. Obviously, whether you were ever in a car accident and were at fault will affect your rates. But, many people don't realize where they live and where they drive affect their rates too. If you are not sure how your insurance company came up with your rate, you are entitled to ask them for an explanation.

What roads are more dangerous?

Injured in a car accident on Route 100? Hurt in an auto accident on 422? Truck accident on the Turnpike or Route 73? These are all common locations in the Chester County, Montgomery County and Berks County areas.

Which road is more dangerous? My view is that they each have certain dangers. Route 100 has a lot of sharp turns in the area from Pottstown to Exton which are on hills. So, in bad or icy weather, Route 100 is a rough place to drive. On 422 a common auto accident involves heavy traffic, stop and go traffic and a rear end accident. Someone was driving too close for conditions.

The best thing to keep in mind is to leave a safe distance in front of you and go with the flow of traffic.

The Insurance Company Wants A Recorded Statement

Let's say you were injured in a car accident and the other person is at fault. Their insurance company will likely call you. Your contact information will be on the Police Report. You probably should not give any statement, recorded or not, to the other person's insurance company. They are not "on your side". Their adjuster's job is to try to save their company money. They want to get a statement from you to hold it against you later. (NOTE: You likely have a duty to cooperate with your own company and if so, would have to provide your company with a statement upon request).

If you were injured from a fall on property, their insurance company may also request a recorded statement. You probably should not give any statement, recorded or not, to them either.

If you are unsure, you should consult with an experienced personal injury lawyer.

How Long Will My Personal Injury Claim Take?

So you have unfortunately been injured and have a claim with the insurance company. "How long will the claim take?". This is a question that is asked often. There is no set time as to when you should try to settle your claim. It all depends on who you do medically. Keep in mind that you will have to sign a release of your claim to settle; once a release is signed, you can't come back later for anything.

Your best bet is typically to make sure your doctors have determined what your maximum medical improvement is before you settle your claim.

Keep in mind, that for personal injury cases in Pennsylvania, there is typically a 2 year deadline ("statute of limitations"). This means that if you do not settle your claim, you must file with the correct court before the statute of limitations deadline. If not, any rights you may have would end. You should consult with an experienced Pennsylvania personal injury.

A Few Things The Insurance Company Won't Tell You When You Have A Claim

The other person's insurance company may have called you very soon after your accident. They may tell you a lot of things, but most likely they won't tell you these things:

- They are not on your side; the adjuster's job is to save the company money, not pay the full amount they owe you.

- You do NOT need to give a recorded statement to the other insurance company for them to adust the claim. In fact, you probably should not give them a recorded statement.

- If you have limited tort, you can still get pain and suffering (also called bodily injury) damages; and, the injury does not have to be permanent.

- If your car is totaled, you do not have to let the other person's injurance company move your car to their salvage lot; in fact, you probably do not want to agree to let them move it until you have agreed to a value on the property damage.

- You do not have to sign a medical authorization for the other person's insurance company

- They are professionals at this, do it every day, and what they tell you the claim is worth is not necessarily what you should settle for.

- People statistically net a better recovery when they retain a good lawyer.

If you have further questions, feel free to contact us.


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

Am I entitled to Personal Injury damages for an aggravation of an pre-existing condition or injury?

In Pennsylvania, if you had an existing condition which is aggravated due to an accident, then you are entitled to recover damages.

For example, you had a previous back condition for which you had medical treatment. You are rear-ended in a car accident and now your back is much worse. Pennsylvania law says that you have a valid claim for any aggravation of a condition caused by the negligence of the at-fault driver. So, the insurance company for the other driver will be responsible to reimburse you for the aggravation injury.

If your injury claim were to go to a jury trial, the Judge would refer to the Pennsylvania Standard Civil Jury Instructions when giving instructions to the Jur. "Aggravation" of a pre-existing condition has its own jury instruction. It is:

If you find that the Plaintiff did have a pre[-]existing condition that was aggravated by the Defendant's negligence, the Defendant is responsible for any aggravation caused by the accident.

Motorcycle Safety- National Highway Traffic Safety Administration

Excerpt:

Riding Safely - NHTSA’s motorcycle safety program focuses on three areas: preventing crashes, preventing crash-related injuries, and limiting the seriousness of these injuries through appropriate emergency medical response.

--------------------------------------------------------------------------------
See link:

href="http://www.nhtsa.gov/Safety/Motorcycles">

Who is responsible if I Slip or Fall On Ice?

In Pennsylvania, the law requires property owners to keep and maintain their property free from dangerous conditions that might injure an "invitee" or "licensee". Invitee or Licensee are legal terms. These basically mean anyone who has a right to be on the property.

Example: You fell on an icy sidewalk or parking lot at a store or business. You went there to buy something, or you were there for any business purpose. In this example you would be a business invitee and the business owner and property owner would be reponsible for any dangerous condition that caused you to slip or fall. This would include untreated snow or ice.

Example 2: You fell on an icy sidewalk of a store or business as you were walking by (you weren't going into the business). You would still be a public invitee. The business would still owe you a "duty" to keep the sidewalk free of any dangerous defects, including untreated snow or ice.

Example 3: You fall walking along a sidewalk of a private residence. Here, the property owner is required to keep their sidewalk clear of any dangerous defects, including untreated snow or ice.

Another example would be a defective condition to a property that causes ice to form. This would include a leaky gutter or downspout, snow piled up in a store parking lot that had melted runoff and then re-froze but was not treated or removed.

If you have been injured as a result of a dangerous accumulation of snow or ice, you could be able to recover wage loss, medical bills, harm resulting from bodily injuries, lost future earnings and other economic losses. The insurance carrier for the property owner may have "med pay" coverage. That is a separate coverage for medical bills. Keep in mind that you may not want to give any type of statement to an insurance company. You may want to speak with a lawyer before giving out any information to the property owner's insurance company. If you have any ability to get a picture of what caused you to fall, you should take the picture as soon as possible. Obviously, the snow or icy condition could and likely will change very soon after your fall. Even if you can get a picture with a camera phone, that is helpful to preserve evidence. If you fell at a store or business and you are able to inform them, you should do so. They may ask you to fill out an "Incident Report". You should be careful about filling out any written statement, particularly if they write it and ask you to sign it.

If you have any questions, feel free to contact us.

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

Settling a Personal Injury Claim of a Child in Pennsylvania

In Pennsylvania, any injury claim of a child must be approved by the Court. The Court takes a special interest in minors because they want to make sure they are protected. This means that a Petition for Approval of a Minor's Compromise must be filed with the appropriate court. Basically, a request that the Court issue an Order finding that the settlement offer is approved. The Petition should typically include the amount of the settlement offer, the type of injury and the type of treatment and last/most recent treatment status of the child. It should also include a statement that the parents believe the settlement to be fair and reasonable. Most Courts will schedule a Hearing where the parents and child must attend. The Judge may ask questions to make sure the settlement is fair and the family understands the terms of the settlement. The Court, when approving the settlement of a child, will require that the money be put into an interest-bearing account at least until the child turns 18.

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

David Schreiber
PAinjurycase.com
610 792-3304
Emphasis on Personal Injury

The insurance company denied my claim- what now?

If the insurance company denies your claim, you should not take that as a determination that you have no case. In fact, how do you know they're not just trying to get out of responsibility? What you need to remember is that insurance companies are experts in this field while you this may be the first time you have had a claim. Their job, is to save the insurance company money, plain and simple. Especially when you are dealing with the other person's insurance company after you have been injured. For example, in a car accident or if you fell on someone else's property.

WHAT YOU CAN DO

First, you can ask them to put in writing what their reason is for denying the claim. Under Pennsylvania insurance law (see for example Title 31 Pa. Code Section 145 and 146) the insurance company is required to provide what their basis is for their decision. They are supposed to respond to any letter or writing from you within 10 business days.

Second, you can consider providing them with additional documentation. You have to prove your claim with records. For example, medical records, wage loss records, receipts, photos. If so, you can send them a letter, fax or email requesting that they re-evaluate your claim.

If the insurance company insists on denying your claim, and you believe that you have a legitimate case, then you must consider filing a law suit. Often, insurance companies play a numbers game. Some companies that if deny claims on the belief that a certain percentage of people will simply give up and go away. Result: they save money. But, if you are one of us who won't just give up and go away that easily, then filing with the appropriate court is the next step. Filing a law suit can be a complicated process and one which you most likely will need an experienced lawyer. You must also correctly file the suit papers and serve the correct responsible parties. Often, cases are still settled after suit is filed with the case going to a trial. To get the case resolved, however, you must take the correct steps toward trial, such as requesting documents, serving "interrogatory" questions on the other party(ies), taking depositions and obtaining expert reports.

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

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

Can a homeowner who hosts a party be liable in Pennsylvania for a car accident?

In Pennsylvania, it depends on whether the person drinking was an adult or a minor. the general rule is that there is no "social host liability". This means that if you have a social gathering or party at your house where alcohol is served, you do not have legal liability if one of the guests leaves and injures himself or someone else driving drunk. The exception is that if you knowingly serve minors alcohol or knowingly allow minors to drink alcohol at your house, and then one leaves and injures himself or someone else in a car accident, you can be held responsible.

The bottom line is that you are not legally responsible for accidents or injuries that happen off of your property as a result of an adult drinking alcohol at your house. Understandably, Pennsylvania law will hold a knowing homeowner responsible when an injury or accident off of your property happens as a result of a minor drinking alcohol at your house.

In Pennsylvania, the Dram Shop Act holds businesses which possess a liquor license responsible for serving a visibly intoxicated patron who then causes an accident off the premises.

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