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