Do you have a Personal Injury Case?

Personal Injury:


 
There are so many ways you can be seriously injured by the negligence of another party. If you feel that is the case, you should call me to see if you have an action to pursue. This includes slip and falls, dog bites, construction accidents and any accident where you feel someone else caused your injuries by their negligence. Don't try to deal with insurance companies by yourself. Their goal is to reduce their losses, not to pay out on claims.

Even though you are careful, you can't control the behavior of others. Sometimes, the negligence of others can cause injuries. This can result in lost income and pain and suffering. This may be from an automobile accident, a slip and fall, medical malpractice or a product defect. Whatever the negligence, we will aggressively pursue your rights against the negligent party or parties. We will make sure that the necessary experts are consulted and the appropriate investigations are pursued.   


   The Elements of a Personal Injury Case

   To win a personal injury claim, you must be able to establish by the evidence that the defendant (negligent party) is responsible for your injuries.  The basic elements of negligence are as follows:

   Duty of care – First, the person must have a duty of care. The person, by their actions or inactions, must meet a certain standard of care established by law.

   Breach of duty – A breach of this duty happens when the person fails to meet the standard of care. Depending upon the facts of the case, this could mean a failure to warn the plaintiff of a danger, a failure to follow a statute, or a creating a danger for plaintiff.

   Causation – The defendant's action or inaction must be the direct or what is called the proximate cause of the plaintiff’s injuries.

  Damages in a Personal Injury Case

Damages are meant to compensate the injured plaintiff in an effort to make him or her whole.  There is no way to do this other than awarding money damages. They are considered compensatory in nature. In Pennsylvania different types of damages include pain and suffering, both physical and emotional, loss of wages, past and future, medical treatment, past and future, medical expenses, past and future, loss of consortium, loss of quality of life, embarrassment and humiliation and disfigurement.

In some cases, punitive damages are allowed where the defendant is being punished for misconduct, which must be shocking or grossly negligent, or sometime intentional.

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www.jjsassoc.net

 

Finding the right personal injury attorney

 
If your or a loved one has been injured due to the fault of another person it is important to seek out legal assistance to know your rights to be fairly compensated. A Pennsylvania personal injury attorney can help someone that has been injured due to negligence of another person or establishment. A personal injury attorney can help relieve the stress of the legal battle which may be ahead if you need to sue someone to help pay for medical bills or for general compensation if you are entitled to that money.

To find the best auto accident attorney Pennsylvania has to offer you must do a little research. Be sure to find someone who has a history dealing with similar auto accidents as the one that you or your loved one has been through. The best car accident attorney Pennsylvania has to offer will help guide you through your legal options when trying to get awarded the funds you deserve from whoever is at fault in your accident. There are hundreds of car accidents every day, and many drivers at fault are not insured or else it may be difficult to determine fault in the accident.

An auto accident attorney can lay out your options for you when taking legal action. Our office does not charge unless we recover for you, and will just take a percentage of the winnings after the case is over. Try to find an attorney who has a history of settling cases out of court and has the ability to receive a fair award for his or her clients, but who is not afraid to go to court if that is what is necessary. Feel free to call me with any questions you may have at 215-752-3732.

 "I will come to you if you are injured."

www.jjsassoc.net

TOYS! TOYS! TOYS!

This is the time of year for holiday gift giving. Many of us have children on our lists and toys are a popular gift! But some toys can bring tragedy rather than joy. More than 262,000+ injuries related to toys were reported in 2011. Death by asphyxiation was most common, often resulting from choking on small parts or balloons; injuries from motorized scooters came next. You can find the full report here. http://letamericaknow.com/content/downloads/1212/toymemo11.pdf

 

The American Association for Justice has released its list of the 10 Most Dangerous Toys of All Time. It is hard to imagine that some very innocent looking toys can be so dangerous, but they are. http://takejusticeback.com/node/75

 

Never give young children small balls or balloons as they can completely block a child’s airway. This is especially true of small balls, balloons and pieces of broken balloons. We all know that most balloons end up broken. For some more hints on avoiding common toy hazards you can find an excellent article here: http://www.uspirg.org/resources/xxp/tips-toy-safety

 

Wishing all a happy and safe holiday season!

 

 Find me at   www.jjsassoc.net 

 

 

 

 

 

Happy Thanksgiving

I want to extend a warm and heartfelt thank you to all of my clients, past and present. Without you and your confidence in my services, I could never have survived all these years in business.   I am grateful each and every day for your loyalty to me over the years. I am also grateful to other attorneys in the community with whom I have worked who have mentored me in the past, and who work with me today. Without your help, I would not be the attorney I am today. And to God, who permeates everything, with bowed head and folded hands, "Thank you for everything. I have no complaints whatsoever. Thy will, not mine." May we all celebrate the spirit of thanksgiving and gratitude for all that we have and all that we do not have each and every day of each year!

www.jjsassoc.net

In The Crosswalk

Payment of medical expenses when a pedestrian is struck by a motor vehicle follows a certain order ....

In my cases involving auto accidents, clients often ask me why their medicals are being paid under their auto insurance policy and not by the person who caused the accident.  This is because Pennsylvania has a no-fault system in effect.  What this means is that your medicals, and certain other benefits, are paid without regard to fault, up to the limits of the coverage available under the policy. This is the meaning of no-fault. In fact, this amount cannot be asserted against the person who caused your accident or recovered in a lawsuit against that person. This medical coverage does not only apply to you if you are an occupant of a motor vehicle involved in an accident, but also applies to pedestrians injured by a motor vehicle.

When a pedestrian is involved in an accident involving a motor vehicle, the medical benefits payments will follow an order set forth in the Pennsylvania auto law statute, the Motor Vehicle Financial Responsibility Law (MVFRL).  The coverage for medical benefits falls into the category of first party benefits or no-fault benefits. The order in which the claim is processed is contained in the statute (MVFRL)

Under the statute, 75 Pa. CS. 1713(a), any person who suffers injury arising out of the “maintenance or use” of a motor vehicle is entitled to recover first party benefits or PIP the in the following order of priority:

(1)  For a named insured, the policy on which he is the named insured.
(2)  For an insured, the policy covering the insured.
(3)  For the occupants of an insured motor vehicle, the policy on that motor vehicle.
(4)  For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident. For the purpose of this paragraph, a parked and unoccupied motor vehicle is not a motor vehicle involved in an accident unless it was parked so as to cause unreasonable risk of injury. 75 Pa. CS. 1713(a)

So, if you own a car, you would have to first submit your medical bills to your auto carrier until your coverage is exhausted.  If you do not own a car, then the order of priority set forth in the statute would apply.  This could mean that you qualify for coverage if you are a resident relative, i.e., if you live with a family member who has car insurance.  If not, then you would be eligible under the medical coverage of the vehicle which hit you. 

You might also have to submit your medicals to your private carrier once the PIP benefits are exhausted.  Private carriers can assert liens in some circumstances, which means you would have to pay back any money for medical bills you recovered from the settlement of your case.  These amounts can often be negotiated with the private carrier. In the end, the person who hit you would then be responsible for any medical bills not covered by other insurance.  Cases can become complicated and we are here to help you through the process.

Call me for advice at (215) 752-3732, or visit me on the web at www.jjsassoc.net

WHAT TO DO FOLLOWING AN AUTO ACCIDENT

 

PRINT OUT AND KEEP THIS FORM IN YOUR GLOVE COMPARTMENT AND FILL OUT AT THE SCENE OF THE ACCIDENT, IF YOU ARE ABLE. IF YOU ARE EVER IN AN AUTO ACCIDENT, YOU MAY BE TOO EXCITED OR DISORIENTED TO THINK CLEARLY. 

THIS FORM LISTS SOME OF THE INFORMATION YOU SHOULD RECORD AND WHAT YOU SHOULD DO FOLLOWING AN ACCIDENT...

1. STOP

Where there is injury to person or damage to property in an accident, state law requires that the drivers of the vehicles involved immediately stop at the scene of the accident or as close to the scene as possible. This should be done in a manner to avoid obstructing traffic any more than necessary.

2. HELP THE INJURED

To the extent that you are able to do so, you should attempt to help anyone who has been injured in an accident. If you are able, an ambulance should be called. Do not move an injured person as you may injure them further.

3. AVOID FURTHER ACCIDENTS

Do whatever is necessary to avoid further accidents. If the vehicles cannot be moved, someone should position them- selves further up the road to warn approaching vehicles. If flares or reflectors are available, place them on the road to warn oncoming traffic.

4. CALL THE POLICE

State law also requires that the drivers of vehicles involved in an accident resulting in injury to person or damage to property give immediate notice to the local police department or the nearest State Highway Patrol unit. You should remain at the scene of the accident unless your injuries require immediate hospitalization. Once the officer arrives, you should provide the officer with whatever information is requested of you. However, you do have the right to consult a lawyer before making any statements regarding the circumstances of the accident.

5. IDENTIFY THE OTHER DRIVER

You should obtain all the necessary information to identify the other driver including his/her name, address and license plate number of the vehicle involved in the accident.

6. GET WITNESS NAMES AND CONTACT INFORMATION

Try to get the names of any witnesses to the accident and their phone numbers or other information. Also, take note of any occupants in the other car, and get their information as well.

6. PHOTOGRAPHS

If you are able, you should take photographs of the accident scene while the vehicles are still there. You should obtain photographs of damage to your vehicle before it is fixed. You should also attempt to take photographs or have photographs taken of your injuries and of the accident scene. See my link for advice on how to take photographs of injuries and physical damage:   http://www.jjsassoc.net/Preserving_Evidencel.htm

7. LEGAL ADVICE

If the accident was caused by the negligence of another person and you were injured in the accident, you should seek the advice of an attorney for further action. DO NOT TALK TO AN INSURANCE ADJUSTER FROM THE OTHER DRIVER'S COMPANY OR SIGN ANY PAPERS FOR THEM WITHOUT FIRST SPEAKING TO AN ATTORNEY.

YOU HAVE RIGHTS...KNOW WHAT THEY ARE.

Call my office with any questions: 215-752-3732

www.jjsassoc.net

 

SPECIAL FACEBOOK PRIVACY WARNING!

With the advent of internet social networking sites such as Face book and Twitter emerges the danger of saying the wrong thing! Many law firms are now searching for the Facebook pages of opposing parties or witnesses in cases, looking for information which can hurt the other party/witness or undermine their credibility in the case. You would be surprised what they find! Many people do not even realize that they can control their privacy settings.

Please keep this in mind: a.) Keep the privacy settings on your accounts as restrictive as possible-if they are public, the defense can access them and copy content from your account. Go to the small arrow to the right of the “home” link on your FB page. Click on “privacy settings.” You then have the option of choosing public, friends, or custom. If you choose public, everyone can see your page. b.) Do not accept friend requests from anyone you do not know. c.) Think before you post-can what you are about to post be considered adverse to your ongoing claim? This includes photos. d.) Do not discuss your case on your account or any other public site where anyone can go and read it.

Also, aside from your legal case, think twice about posting that you are about to go away on vacation, which is like an open invitation to burglars. You might also want to consider that venting about that nasty annoying boss or co-employee on Facebook is NOT a good idea!

Published as a community service by personal injury attorney Joyce J. Sweinberg.