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.

Car Accident - Does your health insurance have a medical lien?

If you were in a car accident in Pennsylvania-- you have medical coverage through your auto insurance. But, depending on the amount of medical coverage you purchased, that coverage may "exhaust" or run out. Whether you were in a car accident on Route 422, or a truck accident on Route 202 or Route 100, if you are a Pennsylvania Resident, you must have at least $5,000 in medical coverage on your policy. You have the option to purchase more than the mandatory $5,000. So, after that happens after that medical coverage "exhausts", your health insurance would then have to pay for medical bills. (NOTE: Even if it's the other driver's fault, part of what you pay auto insurance premiums for in Pennsylvania is for medical coverage. It's called "No Fault" or First-party medical). But, if the car accident or collision is the fault of the other driver, your health insurance will say that the at-fault driver's insurance should pay them back. This is called "subrogation" or sometimes referred to as a medical lien. If you never recover any settlement or money from the at-fault driver's insurance carrier, then you probably would not have to ever repay your health insurer because you have a contract with them. But, once you accept any settlement or recovery against a "third-party" (that is, the other driver's insurer), your health insurance may have a right to a lien (to be reimbursed what they paid out). This subrogation issue gets complicated. It's important to consult with an experienced personal injury lawyer in Pennsylvania on this. The at-fault insurance company will not likely explain this to you. They are just trying to get out of your claim for as little as possible. Whether your health insurer has a right of subrogation will depend on several things. First, what type of plan you have. In Pennsylvania, there is a "Motor Vehicle Financial Responsibility Law" which has as a general rule that insurers can't subrogate. But, there are exceptions. ERISA-based and self-funded plans and certain HMOs may have a right to subrogate. It will also depend on the language contained in your health insurance plan itself. You have an obligation to notify your health insurer if there is a "third-party" claim and your health insurance has paid any related medical bills. (Probably, because you have exhausted your auto medical coverage). You would then need to determine if your health insurer is asserting a lien, whether it's valid and then find out the amount owed. This can be part of your damages in your case against the at-fault driver's insurance company. Again, these are complicated legal issues that you should consult with an experienced injury lawyer in Pennsylvania about. David Schreiber concentrates his practice on Pennsylvania Injury Law and Insurance Disputes. He can be reached at 610-792-3304.

Injury from Fall on Dangerous Condition in Pennsylvania: What's needed to prove your case and Things to Remember

So, you fell and were seriously injured in Pennsylvania because someone else was at fault. Now, you can't work. Or, no one is paying the medical bills and the property owner or business owner won't return your calls. Maybe the insurance company for the store or business where you fell is calling you and you don't know what to do. What's needed to prove your case? Examples: You fell because of a hole or defect in the parking lot of a supermarket in Pottstown. You were seriously injured. OR You fell on steps at an apartment complex in Phoenixville that were cracked or missing a railing. In any case where you fell because of a "defect" or unsafe condition, you must be able to prove that the owner or property manager: 1.knew that the condition was there (this is called "actual notice") or 2. should have known that the condition was there (called "constructive notice") Most important, if possible, is to have someone get photos of the condition as soon as possible. The best proof of the condition are photos. Hopefully the owner or manager will fix the condition so now one else gets hurt, but once fixed or changed, you've lost the chance to get proof via photos. Second, it's critical to get the names of any witnesses who either saw the injury happen or who knew about the condition before. It's also important to speak with an experienced personal injury lawyer who handles premises liability cases like yours. You want to ask the lawyer if they've handled fall injury or slip and fall cases - especially, whether they've handled them through to a jury verdict. If the property manager or owner or their insurance company is calling you, it's really important that you not give them a statement without speaking to a lawyer on your behalf. You may think it's "cut and dried" or straightforward, but there may be issues or pitfalls in providing information to the opponent. Remember, the insurance company does this everyday. They are not on your side. The insurance company is looking to protect their property owner and get out from the claim without taking responsibility or for taking as little responsibility as possible. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 We Work for Your Case Concentrating in Injury Law and Insurance Claims

Pennsylvania Motorcycle Accidents and Medical Coverage

In Pennsylvania, unlike for a car, you are not required to have medical coverage on your Motorcycle Insurance Policy. It is optional. Many insurance companies don't even offer medical coverage. It's referred to as "first-party" medical coverage or "PIP" ("Personal Injury Protection"). If you are injured in Motorcycle crash in Pennsylvania and don't have medical coverage on your policy, then your medical bills would need first go through your health insurance. It may seem strange that the at-fault driver's auto insurance won't pay your medical bills. They do-- sort of. Basically, the insurance company for driver at fault would be responsible to pay medical bills outstanding or incurred by you. But, they would not pay until the end of the case with a Release of all claims. So, while your case is ongoing, you must use your health insurance if you don't have the first-party coverage. If you have no health insurance, then you have to make some type of payment arrangements with medical providers. You should contact a personal injury lawyer who is experienced in handling Motorcycle Accidents. If you use your health insurance, then depending on the type of plan you have, your health insurance may have a right to be reimbursed at the end of the case from any settlement or recovery. This is called "subrogation" and it can get complicated. An experience personal injury lawyer could explain that process to you. Additional information.

Truck Accident - Rules of the Road

A tractor-trailer or other commercial truck that transports across state lines causes a crash. Are there different rules for truck? Yes and no. Obviously, trucks still have to follow the same rules of the road that we as drivers do. (Stop signs, traffic lights, yielding to pedestrians in a crosswalk, etc). But, commercial truck drivers and the truck companies that hire them, also must follow US Department of Transportation rules. These are the Federal Motor Carrier Safety Regulations. The Safety Regulations require the truck driver to keep a log of their time while in and around the truck. There are limits on how many hours they can drive per day. The truck may also have computer data and a data recorder ("black box"). The truck company will usually have a safety manual or training material. The driver must undergo an annual physical. The US Department of Transportation also keeps data (truck companies and drivers must provide information) which is searchable. It's important to understand what information to look for, and what information to request in the discovery case of a personal injury case where there was a truck involved. It is important to consult with an experienced lawyer. That lawyer should give you an evaluation of your case and give you a plan as to how the case can and should be handled. Ask about previous experience with truck accident cases. Often those cases have been in Federal Court because if the case involved an out of state truck, then the case may be brought in Federal Court if the rules are met. The truck company will have "vicarious liability" for negligent acts of an employee driver. This means that if the driver was driving the truck within the course of his job, then the truck company is accountable for their driver's negligence. The truck company may also have independent liability/fault. This would be for things such as negligent hiring, instruction, supervision, training of a driver. In Pennsylvania, the Pennsylvania Department of Transportation has rules and a commercial driver's manual which sets guidelines for truck drivers. You can find that CDL Manual online. The personal injury lawyer for your truck accident case will often refer to that CDL Manual in the case. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 www.PAinjurycase.com

Who pays for my medical bills after a car accident in Pennsylvania?

You were in a car accident in Pennsylvania. You went to the ER. Or, maybe your family doctor or a specialist. Now you are getting bills. Who should pay them? For car accidents, Pennsylvania is a "no fault" state for medical. This means that even though it may be the other driver's fault, your medical bills first go through your own auto insurance company. Part of what you've been paying insurance premiums for all these years is for medical coverage. It comes with your policy. Pennsylvania law requires that you carry at least $5,000 in medical coverage (also called Personal Injury Protection or First-Party Benefits). If your auto medical coverage with your insurance carrier runs out, or "exhausts", then you would put additional bills under your health insurance. Depending on the type of health insurance plan you have, your health insurer may have a right to be paid back from a settlement against the at-fault insurer. This is also called "subrogation". It is important that you consult with an experienced personal injury lawyer because this can become complicated and it is controlled by the Pennsylvania Motor Vehicle Financial Responsibility Law. Any out of pocket medical bills would be part of your damages that you can collect against the at-fault driver's insurance carrier. But, you likely will not be able to recover those until the end of the case. If you have any questions, feel free to contact us. We provide free consultations and case evaluations in personal injury cases. (610) 792-3304.

Insurance Company Repaired My Car After Pennsylvania Car Accident- But Isn't It Worth Less?

Your were in a car accident in Pennsylvania. The car was repaired by the insurance company. Were you really "made whole"? Did the repairs really restore your car and put you back in the position you were in before the accident? What about the Carfax Report? These are good questions. "Diminished Value" Claims address this. The mere fact that your vehicle was in a crash will affect it's market value because it is now less desirable. Another issue is whether the repairs were properly done. You may consider having a licensed appraiser examine the car after the repairs are done to determine if there is a valid diminished value claim and what that value is. The claim for Diminished Value can be made. You have the burden of proving the claim. Typically, evidence would be either a sale of your vehicle after the repairs. If the sale was less than the market value for a like-kind (same) vehicle that was not in a crash, then that may be evidence of Diminished Value. Otherwise, without proof of a sale, an expert appraisal of the Diminished Value damage would probably be needed. If you are not able to get the other person's insurance company to pay for diminished value damages under the property damage claim, you may need to file with the appropriate Court as part of a general damages case. If you are injured or have other economic damages due to the car accident, then you should consult with an experienced personal injury lawyer. Be careful about signing any releases or documents for the other person's insurance company without first meeting or consulting with an experienced lawyer.

6 Reasons The Insurance Company May Be Wrong When They Say You Don't Have a Case Because You Have Limited Tort

Injured in a car accident in Pennsylvania and have limited tort? Don't just accept the Insurance Company's word that you don't have a case. Before we get to the exceptions, you need to understand that limited tort only applies to the "bodily injury" (pain and suffering) part of your claim. You do not have any restrictions on your right to recover for "economic" losses (such as wage loss, medical bills, out of pocket expenses). Beyond that, there are 6 different exceptions to Limited Tort. If any apply, you can recover compensation for your bodily injuries and pain and suffering. Let's look at the list: "Automatic Exceptions" (these are automatic because if any apply to you, then you are considered to be full tort for purposes of the claim): 1. You were a pedestrian (that is, you were either walking or riding your bicycle when hit by the at-fault driver's car); 2. You were either driving or a passenger in a commercial vehicle (for example, you were on a bus, driving your company car, or a passenger in someone else's company car; the vehicle must be registered to a business or company not an individual person for personal use); 3. You were on a motorcycle; 4. The at-fault driver was convicted of DUI (or pleads guilty or goes onto "ARD" for DUI); OR 5. The at-fault driver was driving a car registered in a different state than Pennsylvanhia) If none of those "automatic" exceptions apply, then you still might have a case. The 6th exception requires you to prove that you suffered a "serious injury". "Serious Injury" is decided based not just on the injury itself, but the type of medical treatment received, the duration of those injuries and importantly, how those injuries impact your ability to live your life. This includes, the impact on your ability to work without restrictions and your activities of daily living outside work. So, make sure you look and don't accept the insurance company's word. An experience personal injury lawyer should be able to review these with you. We do so for our clients. Feel free to contact us for help. Wolpert Schreiber P.C. Experienced personal injury lawyers near Phoenixville, Collegeville and Pottstown. www.PAInjurycase.com

Injured by Truck or Hurt in Truck Accident - What Laws Apply in Pennsylvania to Truck Driver and Truck Company?

In Pennsylvania, any "commercial motor vehicle" (a vehicle used for commercial transport that: weighs 10,001 or more pounds or carries more than 8 people for money or carries more than 15 people) must abide by the Federal Motor Carrier Safety Regulations (FMCSR). These rules become important if you were injured in an accident caused by a truck. First, both the Truck Driver and the Truck Company that hired the Driver must meet safety rules (49 CFR Section 383) as far as: inspecting the truck, brakes, mirrors, horn, keeping a log book, limit on the number of hours driven per day and per week. An important thing for a personal injury lawyer handling your case to get is the trucker's log book. This is something that would be obtained during "discovery" in a litigation case. The Driver of a "property-carrying commercial motor vehicle" can't drive without first taking 10 consecutive hours off-duty. Then, the Driver can drive only a total of 11 hours during a period of 14 consecutive hours. Also, the Truck Company is required to investigate the driving history and work history of the Driver before hiring the Driver. See 49 CFR 391.23 and 391.53. The Company must then keep those investigations on file while the Driver is working for them. The purpose is to ensure that Drivers are safe because they are on the highway in large, heavy and potentially dangerous tractor-trailers alongside of us. The Driver is also required to undergo drug testing and annual medical exams. The Company is supposed to ensure these happen. If the Driver caused your accident, then he/she probably violated rules for a Commercial Driver which are listed in the Commercial Driver's License Manual. That Manual is a very good investigative tool for you. An experience personal injury lawyer handling your truck accident case would want to refer to the CDL Manual in investigating, evaluating and litigating the case. The PA CDL Manual can be found online at If you have any questions, feel free to contact us. We are experienced in successfully handling truck accident injury cases. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 (610) 792-3304 deschreiber@thomaswolpert.com

Who Pays My Lost Wages After a Pennsylvania Car Accident?

Car accident? Have you lost pay or wages? You didn't expect this to happen and on top of having to get your car fixed and being injured, maybe you have also missed work? Obviously, your bills don't stop. The first thing you could do is check with your insurance company. Ask them if you have "first party wage loss" coverage on your policy. The advantage of having wage loss coverage on your policy is that, even where the other driver was at fault, you can get reimbursed for lost wages as you lose them. Under Pennsylvania auto insurance policies, wage loss coverage is optional. The first five days missed are a deductible (the 5 days don't have to be consecutive). If you don't have wage loss coverage on your own policy, the at-fault driver's insurance carrier still owes you for your lost wages. But, they won't pay you the lost wages until the end of the case. You should consult with an experienced Pennsylvania Injury Lawyer before agreeing to any settlements or signing any documents. At Wolpert Schreiber P.C., there is no cost, fee or obligation to meet with us. We can evaluate your case and provide you with options for how to proceed. We work for your case. (610) 792-3304

"Rejection" of Underinsured Motorist and Uninsured Motorist Coverage

Underinsured and uninsured benefits. What is it? This is important, extra insurance available to you. When you are injured in a car accident or other motor vehicle crash, the at-fault driver's insurance would apply to cover your damages. But, if the at-fault driver doesn't have enough insurance to cover your damages, underinsured and uninsured motorist benefits would cover you. In Pennsylvania, your auto insurance company must offer you the option to purchase underinsured and uninsured motorist coverage. This is what protects you and your family against other drivers who either do not have enough insurance or are driving without insurance. You have the right to choose to decline this coverage. Because it is an important decision, the Pennsylvania Courts have decided that your insurance company must provide you with a form. If you want to "reject" underinsured and uninsured motorist coverage, your insurer must explain that and then have you sign the correct forms. If you do not sign these forms, even if you don't pay premiums for underinsured and uninsured benefits, you may still be entitled to this coverage. If you are unsure, you can request that your insurance company produce your signed rejection forms. They are obligated to give this to you. You may want to have any such forms reviewed by an experienced personal injury lawyer. If you've already been in an accident and have suffered damages, the amount of coverage available to you may prove to be very important. David Schreiber Wolpert Schreiber P.C. 610-792-3304

Medical Treatment After A Car Accident

If you were injured in a car accident, whether on Route 422 or Route 100 or some other local road, it is important to see a doctor promptly. Many people hope their symptoms will go away and figure - 'I'll just wait to see if I feel better in a week or a month'. The danger with this is that you are taking a risk that you may make your medical condition or symptoms worse by not getting prompt medical attention. For example, if you continue to try to walk on a knee that may have a tear, or keep lifting with a torn disc in your back, you are jeopardizing your health. You are also jeopardizing your legal rights. Why? Because the other person's insurance company will use a gap in treatment against you later. If you have questions, contact us for a free consult, no obligation. (610) 792-3304

Child Support Liens for Personal Injury Settlements

In Pennsylvania, overdue child support liens must be reimbursed from a personal injury settlement or recovery. The lawyer handling your personal injury case must cooperate with the domestic relations department. The law can be found at 23 Pa.C.S. Section 4308.1. It applies to any case where the net proceeds for the person is $5,000 or more. The law defines net proceeds as "moneys in excess of $5,000 payable to a prevailing party or beneficiary". This means that the first $5,000 remaining after attorneys fees is not lienable. Any amount payable to the person above $5,000 is "attached". Meaning, overdue child support reported by the County Domestic Relations office is automatically a lien against net settlement proceeds above $5,000. If you have questions about a personal injury case or car accident, contact the lawyers at Wolpert Schreiber P.C. for a free consultation and case evaluation. (610) 792-3304.

Hit and Run Car Accidents in Pennsylvania

Were you in a car accident and the other driver fled the scene or otherwise left the crash scene without giving their insurance information? If so, you may still be able to recover for injuries and damages. First, you need to report this to the police. The police may be able to search for the other driver based on any description or information you give them. In Pennsylvania, whether it was on a highway like Route 422, or a local road, drivers are required to stop at the accident scene and provide their insurance information to the other driver. Second, you should report the loss to your own auto insurance company as soon as possible. Under your car insurance, you want to have Uninsured Motorist Coverage. This coverage protects you and your family against both other drivers who have no insurance and hit and run drivers. So, if the driver who hit you is never found, you would still have coverage or bodily injury and damages under your Uninsured Motorist Coverage. If you have questions, contact us. (610) 792-3304.