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.