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.