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.