Generally it is a wrong committed by a person or company resulting in injuries or damages to a person and/or property.
No fault benefits in Pennsylvania include such things as medical expenses, wage loss and funeral expenses. These coverages will be paid by your insurance carrier regardless of whether the accident was your fault. In Pennsylvania an automobile insurance carrier must offer a minimum of $5,000 for medical expense coverage for each insured. Increased medical benefit coverage can be purchased at a higher premium. Wage loss and funeral expenses are optional. Other optional automobile coverages consumers can purchase in Pennsylvania include Uninsured Motorist (UM), Underinsured Motorist (UIM), collision, comprehensive, catastrophic loss and rental to name a few.
After the client retains our firm we open the file and send out letters to the doctors, insurance carriers and other interested parties. After the client concludes treatment we order all of the medical records and send a special Demand/Settlement package to the liable insurance carriers in an attempt to amicably resolve the claim with the permission of our client. If the case cannot be resolved for a fair and reasonable amount, we prepare and file a lawsuit and the case is litigated in state or federal court (depending on the individual circumstances of each case). In state court cases which are valued at $50,000 or less get placed in the arbitration program and cases valued over $50,000 get filed as either jury or bench trials. In federal court cases valued between $75,000 and $150,000 fall into the arbitration program (however, some judges will not authorize matters to be placed into the arbitration system and mandate that they be tried in front of a judge or jury). Cases in federal court valued in excess of $150,000 will be heard by a judge or jury depending on the wishes of the parties. The length of time in which each case is resolved is dependent on many different factors including: Period of time the client treats for his/her injuries, time it takes the medical providers to furnish our office with the client’s records and/or reports and negotiation process with the various insurance carriers. If a lawsuit is filed in state court each county in Pennsylvania has differing procedures with respect to how a case is heard and the time from the filing of the lawsuit to trial is different from county to county. Most federal court cases are usually heard within eight to fifteen months from the filing date.
The great majority of all personal injury claims amicably resolve without the need for filing formal litigation in a court of law. However, this depends on numerous variables which are unique to each individual case.
Alternative Dispute Resolution is a great option to resolve personal injury claims in Pennsylvania. Many clients do not want to have a jury determine their fate. Here the parties mutually agree on one or three experienced judges or lawyers to preside over their case and help the parties come to an amicable settlement or a decision which is often binding on the parties without the right to appeal. ADR is often a preferred means of resolution because the parties have more control and medical expert testimony can be presented through reports which can save the parties money.
Every case is different but we tell our clients that litigation is usually a long drawn out contentious battle and in the worst case scenarios it could be years before a final resolution is reached.
There is no requirement under the law that a personal injury claimant be represented by a lawyer, however, courts require parties to know the law and follow the strict rules of procedure with respect to the handling of cases. In Pennsylvania there is no uniformity for the rules of civil procedure and each of our 67 counties have differing local rules of court. There are many reasons why the vast majority of injured victims retain a qualified personal injury lawyer and choose not to handle their claims themselves. Insurance companies tend to give less time and attention to case files in which a lawyer is not involved. If you want the best opportunity for full and fair compensation we strongly recommend hiring a qualified lawyer to handle your personal injury case.
If your case cannot be amicably resolved before the expiration of the applicable statute of limitations, a formal lawsuit has to be instituted. If your claim is denied or ignored by the other party and/or his/her/its insurance carrier (could be for a variety of different reasons) a lawsuit would have to be filed to protect any meritorious claims you may have. Each state has its own unique laws regarding statutes of limitations so you should be aware of the latest date for filing a lawsuit to protect your rights.
Any type of accident resulting from a defective or unsafe condition on or in real property is generally considered a premises liability matter. Common types of premises cases include trip and falls, slip and falls, falling ceilings or falling debris, construction accidents and electrocutions.
In Pennsylvania in order to prevail in a premises liability claim you have to prove that a defective or unsafe condition existed and the responsible party was negligent in failing to keep the property safe. It is also necessary to prove that the responsible party had notice of the defective condition prior to the time of the accident which cased your injury. There are two types of notice, i.e. “actual” and “constructive.” Actual notice is where the responsible party knew of the defective condition but failed to make it safe prior to the time of the accident. Constructive notice is where the responsible party failed to act reasonably under the circumstances, and if they acted reasonably (i.e. through routine inspections of the premises) they would have or should have discovered the defective condition and had a reasonable amount of time under the circumstances to cure the defect prior to the time of the accident.
The SOL in Pennsylvania for personal injury claims is generally 2 years from the date of the accident or incident. If a formal lawsuit is not filed in a court with proper jurisdiction within that 2 years the claim will be time barred and the injured victim will have no further recourse. There are some exceptions. Minors (children under the age of 18) have 2 years from the date of their 18th birthday to file a formal lawsuit. If a person has been adjudicated by a court to be incompetent or incapable of handling their own affairs the SOL may be extended. In medical negligence (malpractice) claims there is a “discovery rule” which could extend the 2 year SOL to 2 years from the date the injured victim knew or should have known that a medical procedure caused an injury or from the date they knew or should have known there was a misdiagnosis of a medical condition. Some claims for medical expenses or repayments of medical liens associated with an injury may extinguish within 2 years and for these reasons an attorney should be contacted to determine your rights.
In medical negligence (malpractice) claims there is a “discovery rule” which could extend the 2 year SOL to 2 years from the date the injured victim knew or should have known that a medical procedure caused an injury or from the date they knew or should have known there was a misdiagnosis of a medical condition. Some claims for medical expenses or repayments of medical liens associated with an injury may extinguish within 2 years and for these reasons an attorney should be contacted to determine your rights.
The short answer is yes, however, it could be a very costly endeavor with no guarantee of compensation. Most personal injury lawyers will not handle personal injury cases where the responsible party is uninsured or where the carrier denies coverage under a valid policy. In these instances there is always the possibility that the negligent party will file bankruptcy and the injured victim’s rights to compensation could be extinguished or severely compromised. A judgment or verdict may be obtained but the ability to collect the money may not be possible. In other words, the judgment may not be worth the paper it is written on. In Automobile claims, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage benefits, if elected, become a viable alternative source of monetary recovery.
Generally, this is a derivative claim maintained by the spouse of an injured victim for the losses of services, companionship and intimacy.
You should always consult with a tax specialist or accountant for taxation questions. As a general rule, the portion of a personal injury settlement which is allocated for “bodily injuries” is not taxable, however, any portion that may be allocated to wage losses would be taxable.
Absolutely! Your personal injury claim cannot be settled without your express approval and acceptance of any offers conferred by the insurance carrier(s).
This is a very complex question which lawyers in Pennsylvania argue over on a daily basis. In order file a lawsuit in a federal court in Pennsylvania (Eastern, Middle or Western District courts) there has to be jurisdiction in the Commonwealth of Pennsylvania. This can be explained in detail by one of our lawyers. In order to file a lawsuit in state court, a court in one of the 67 counties in Pennsylvania must have jurisdiction over the defendant (responsible party) where the injured victim’s claims are being brought. This can be satisfied if Pennsylvania has sufficient contacts over the defendant, for example, if the accident occurred in Pennsylvania or if the defendant owns property, maintains offices or resides in Pennsylvania. Once jurisdiction rests in Pennsylvania then a determination must be made as to where (which county) the lawsuit should be filed. Generally the lawsuit can be filed in the county where the accident occurred or in the county where the defendant owns property, maintains offices or resides. There are statutory exceptions (legislative laws) which predetermine the county in which a lawsuit may be filed in certain types of cases. In medical negligence cases the lawsuit has to be filed in the county in which the negligence took place and if the claim is against governmental agencies (the Commonwealth, Cities, Municipalities, Boroughs, Townships, etc.) it must be filed in the county in which the accident occurred. Due to the complexities of the federal, state and local county rules of civil procedure it is strongly recommended that you consult with a lawyer immediately after an accident to understand your rights.
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Email: lnelson@law-pa.com
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