Claiming Damages When Someone Else is Responsible for an Accident

 

After a motor vehicle accident, you may feel overwhelmed and wonder how you will cover your medical bills, lost time from work, and other expenses. If someone else was responsible for your injures and losses, you may be able to recover compensation for damages. A car accident lawyer can help you sort it all out and determine your options for claiming damages after a car accident.

Types of Damages Injured Victims Can Recover

Whether you were hurt while running errands or taking a road trip in a rental car, it is important to keep in mind that hiring an attorney can help you maximize the amount of damages you may be entitled to recover. Each case is unique, and you may only be able to make a recovery for certain types of damages. Your attorney can investigate the circumstances surrounding the crash, the impact it has had on your life, and determine the total value of your past and future losses.

Past and Future Medical Expenses

Depending on the extent of your injuries and whether you will need long-term treatment and care, your medical bills may run into the millions of dollars. It can be easy to underestimate the cost of hospital stays, surgeries, rehabilitation, physical therapy, medications, and other expenses. It is critical to make sure your injuries, diagnoses, and medical treatment are properly documented. Your personal injury attorney can put it all together to demonstrate the physical, emotional and financial costs of your injuries.

Past and Future Lost Wages

Injuries sustained in a car accident can leave you unable to work for an extended period of time. If you have suffered a catastrophic injury or are permanently disabled, you may not be able to return to work at all. This can not only put you and your family in a precarious financial situation, it can also cause you to miss out on professional opportunities that may have arisen had you not been injured. Putting an accurate value on future lost wages and loss of earning capacity can be challenging. Attorneys often enlist the help of experts such as forensic accountants who do a thorough analysis of your education, earning potential, work history, and other factors to determine your future losses.

Pain and Suffering

Some injuries result in severe or chronic pain that significantly reduces an injured victim’s quality of life and ability to do things they once enjoyed. The trauma of being in a car accident can also lead to conditions such as PTSD, depression, anxiety, and other psychological problems that cause serious emotional distress.

Wrongful Death Damages

In Pennsylvania, the spouse, children, and/or parents of a victim whose death was caused by negligence can recover damages for financial support, medical expenses, funeral costs, loss of affection and companionship, and other accident-related losses. In a survival action, heirs of an estate can recover damages that the deceased person could have recovered had they survived, such as lost wages and pain and suffering.

Property Damage

If your vehicle or other property was damaged in an accident caused by someone else, you may also be entitled to compensation for property damage or replacement. This may include compensation for repairs, the fair market value of the vehicle if it was totaled, and any property inside the vehicle that was damaged.

This is by no means an exhaustive list of potential damages you may recover as an injured victim. Experienced accident injury lawyers at Perna & Abracht can evaluate your case and determine which specific types of damages may apply in your case.

This blog was originally posted on https://www.pa4law.com/claiming-damages-when-someone-else-is-responsible-for-an-accident/

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DUI Accidents: Are Bar Owners Liable for Damages?

 

Each year millions of people are injured or killed in drunk driving accidents. Although motorists who drive under the influence of alcohol should be held accountable for their actions, sometimes other parties also may be responsible. In Pennsylvania, bars, restaurants, and other establishments that serve a visibly intoxicated person may be liable for any injuries-or death-that are caused by that person. These types of cases require the knowledge of seasoned Pennsylvania personal injury lawyers who understand what is involved in proving ‘dram shop’ liability.

What Is Dram Shop Liability?

In 18th Century England, spirits were sold by the spoonful, or “dram,” in establishments called dram shops. Today, dram shop laws hold businesses and individuals (known as social hosts) accountable for serving alcohol to visibly intoxicated persons or minors who cause injury or death.

Although dram shop laws are most commonly applied in drunk-driving cases, they also can be relevant in personal injury lawsuits involving assaults. In addition, if an intoxicated person leaves an establishment and injures him- or herself, they may be entitled to sue the bar owner under dram shop law.

Proving a Dram Shop Claim

These elements are vital to bringing a successful dram shop claim, including:

- Demonstrating that the establishment served alcohol to someone who was visibly intoxicated. This may be based on signs of intoxication such as staggering, slurred speech, crude behavior, and drinking fast. A personal injury lawyer may use the testimony of employees and other witnesses to prove visible intoxication.

- Showing that the establishment’s or social host’s choice to serve a visibly intoxicated person directly led to injury, damage, or death.

A guilty plea or conviction, or a high blood alcohol content, in a DUI case may be used as evidence to prove intoxication in a dram shop claim.

Recovering Compensation in a Dram Shop Claim

If you were injured or lost a loved one in a DUI crash and believe that an establishment also may be liable, a car accident attorney can assess your case and determine whether you have a viable claim. They may be able to help you recover damages such as:

- Past and future medical bills

- Past and future lost income

- Loss of future earning capacity

- Pain and suffering

- Loss of companionship or consortium

- Loss of enjoyment of life

Holding establishments accountable for serving patrons who are visibly intoxicated sends a message that this type of behavior comes with serious consequences and is categorically unacceptable. Bringing a dram shop action against a bar or restaurant may make them think twice about over-serving their customers, and prevent others from being injured or killed in the future.

If you need help determining whether a bar owner or social host may be liable for damages, contact a top accident attorney here to learn more.

This blog was originally posted on https://www.pa4law.com/dui-accidents-are-bar-owners-liable-for-damages/

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Punitive Damages: What are They and When are They Awarded?

 

Typically, damages such as lost wages, medical bills, and pain and suffering are awarded in a successful personal injury claim or lawsuit. However, when a negligent party’s acts are particularly egregious orreckless, or intentional harm is caused, a plaintiff may be entitled to punitive damages as well. Punitive damages are not awarded often, so if you are thinking of pursuing them, it is vital to speak with a personal injury attorney who can help you understand the law and whether they may apply in your case.

What Are Punitive Damages?

Unlike compensatory damages that are intended to make a plaintiff whole and put them back in the position they were in before an injury or loss, punitive damages are designed to punish the defendant and deter others from acting in a similar fashion in the future.

When Are Punitive Damages Awarded?

In Pennsylvania, punitive damages may be awarded when someone has engaged in willful malicious conduct, or when his/her behavior is so careless that it displays a wanton disregard for the safety of others.

For example, if you are involved in a car accident that was caused by someone who was not driving recklessly or being intentionally aggressive, you may be entitled to compensatory damages for your injuries and losses, but you would not be able to sue for punitive damages. However, if another motorist caused an accident while speeding excessively, driving drunk, or texting and driving, he/she may be liable for punitive damages in addition to compensatory damages.

Other common types of claims that sometimes involve punitive damages include:

- Assault claims

- Medical malpractice cases

- Product liability claims

- Wrongful death claims

- Dog bite cases in which an owner knew his/her dog was aggressive

Elements Involved in Awarding Punitive Damages

Before awarding punitive damages, the court takes certain things into consideration. Plaintiffs seeking punitive damages must meet a high bar to prevent abuses of the system. Punitive damages are not awarded in isolation—the plaintiff must be awarded other types of damages such as special and general compensatory damages. The defendant must have acted maliciously or purposefully. Mere negligence typically does not warrant an award of punitive damages.

How Are Punitive Damages Calculated?

Punitive damages are awarded in an amount that is relatively proportionate to compensatory damages. In Pennsylvania, punitive damages are sometimes capped. For instance, in medical malpractice cases, punitive damages cannot exceed more than 200 percent of the compensatory damages awarded, and 25% must go to the state’s MCARE (Medical Care Availability and Reduction of Error) Fund.

How a Personal Injury Lawyer Can Help

If you or a loved one has been injured in an accident and believe that punitive damages may be warranted in your personal injury or wrongful death claim, it is critical to speak with an attorney. These types of cases are complex. An experienced personal injury attorney can evaluate your case and advise you of all the options that may be available to you.

This blog was originally posted on https://www.pa4law.com/punitive-damages-what-are-they-and-when-are-they-awarded/

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COVID-19 And Other Vaccinations: What Happens When the Parents Disagree?

 

Most parents want what is best for their children, especially when it comes to medical decisions. In recent years, vaccinations have become a controversial subject. So what happens when parents have disagreements about vaccinations? A good child custody lawyer can help you understand your rights and responsibilities as a parent and provide the legal counsel you need to protect your child’s health and interests.

Pennsylvania Rules about Child Vaccinations

Pennsylvania public health rules require children who attend school to be vaccinated against polio, tetanus, diphtheria, whooping cough, measles, mumps, rubella, hepatitis B, and chickenpox. In addition, the meningococcal conjugate vaccine is required for middle-school and high-school-aged children. However, exceptions are allowed for religious, medical, or philosophical reasons. A COVID-19 vaccine is not available for children yet, so it is unclear whether it will be required by the Commonwealth.

How Are Vaccination Disagreements Resolved?

Ideally, coming to an agreement about vaccinating your children would happen outside of a courtroom and be included in a parenting plan. However, if separated or divorced parents cannot resolve the issue on their own, the court will have to become involved. Generally, courts make their decisions based on the child’s best interests. One factor that can affect the amount of say you have in whether your child is immunized depends on the type of custody you have.

When parents have joint legal custody of their children, each parent has an equal voice when making decisions that affect their child’s health, education, religious upbringing, and other important decisions. Typically, if you have sole legal custody, whether you have your child immunized is up to you. However, if one co-parent strongly disagrees with the other about vaccinations, he/she can file a petition with the court. Regardless of which side of the issue you are on, it is critical to have your divorce lawyer advise you on the best way to proceed to safeguard your child’s rights.

Options for Settling Vaccination Disagreements

Judges prefer not to make these kinds of decisions, but in some cases, it is the only way to resolve a dispute. A judge will take different factors into consideration, and may ask for input from a child’s pediatrician. If one parent has sole legal custody of a child, the judge will definitely look at how that decision came to be and why the other parent is barred from making these types of important decisions.

Although compromise may seem impossible, mediation is another way to find common ground before filing a petition with the court. The best custody and child support lawyers are skilled negotiators who may be able to persuade parents to see things in a different light. For example, if you want your child to have all childhood vaccinations, but your co-parent does not, a good compromise could be to agree to a vaccination schedule that is spread-out over a longer period of time instead of vaccinations being given according to a traditional administration schedule.

Another option you may choose to settle a dispute is to go to binding arbitration. In this type of proceeding, a qualified professional such as a family law attorney hears each party’s evidence and arguments and then reaches a final decision by whicht both parties must abide. Unlike a mediator, an arbitrator does not facilitate negotiations. Both parents are responsible for paying the costs of binding arbitration.

If you are concerned about vaccinations or other medical treatment for your child, an experienced Pennsylvania family lawyer can help you fight aggressively to protect his/her rights. Contact here.

This blog was originally posted on https://www.pa4law.com/covid-19-and-other-vaccinations-what-happens-when-the-parents-disagree/

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Who Pays for Damages and Injuries After a Rental Car Accident?

Sorting out who will pay for your medical care and property damage after a car accident can be difficult, but when a crash occurs in a rental car it may be even more challenging. Most rental car companies offer supplemental insurance, but you may be able to recover compensation from your own auto insurer as well. Each situation is unique, and there is no way to know exactly how it will all shake out. A car wreck attorney can evaluate your case and determine who may be responsible for your medical bills, loss of income, pain and suffering, and other damages. 

Types of Rental Car Insurance Coverage

There are multiple ways to ensure you have enough coverage on a rental car, including:

Personal car insurance—Typically, your own auto insurance company will cover property damage and any injuries you or your passengers sustain in a rental car accident. However, you should read your policy or contact your insurance company before assuming that you are covered when renting a car.  

Pennsylvania drivers are required to have minimum Personal Injury Protection (PIP) coverage of $5,000 for medical benefits, $15,000 for bodily injury liability per person, and $5,000 for property damage. Most accident lawyers recommend that you purchase more PIP coverage, as the minimum amounts may barely be enough to cover a portion of your medical bills and other damages. 

Credit card coverage—Many financial institutions offer protection if you use their credit card when renting a car. If any of your cards offer this coverage, make sure to use one of them.

Rental car company— Doing your research before you book a rental car can help you save a lot of money. Most rental car companies push consumers to add on insurance at the time of the rental. Reviewing your own policy and the benefits you may have through the credit card you use to rent the car may provide plenty of coverage. 

When Someone Else is Responsible for an Accident

How liability is assigned in a car accident depends on the specific circumstances. If an accident in a rental car was caused by another motorist’s negligence, you will most likely need to file a claim with their auto insurance company. Depending on their levels of coverage or whether your claim is denied, you may end up using your own PIP policy as well. Consulting a Pennsylvania personal injury attorney who is well-versed in handling accident claims that involve multiple insurance companies is the best way to make sure all possible avenues of compensation are pursued to your benefit. A lawyer can investigate your case, determine who is at fault, and help you seek maximum compensation to protect your health and financial future. 

If you need assistance figuring-out who may be liable for damages after a rental car accident, contact a local injury attorney today.

This blog was originally posted on https://www.pa4law.com/who-pays-for-damages-and-injuries-after-a-rental-car-accident/

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Should you Hire an Accident Attorney or Handle the Claim Yourself?

When you have been hurt in an accident and you are focused on your recovery, you may feel overwhelmed and unsure of the next steps to take. If someone else’s negligence caused your injury, you might be entitled to damages, but is it wise to handle the claim on your own or should you hire a personal injury lawyer? Considering these factors can enable you to make an informed decision about hiring an attorney. 

1. Personal Injury Law is Complex

If you are only dealing with property damage, you most likely will not need an attorney. But if you or a loved one has been injured; it is important to know how tort law may apply to your case. The best accident lawyers will give you an honest assessment of your claim. Most offer a free initial consultation and case evaluation, so you have nothing to lose if you decide to consult with an attorney. 

2. You May Underestimate the Value of Your Claim

Attempting to pursue an accident claim on your own is usually a losing proposition. It can be easy to underestimate the cost of future medical bills and loss of income, especially if it is not clear how your injuries will affect your health and quality of life in the future. Whether you were hurt in a slip and fall accident or motor vehicle collision, a seasoned personal injury attorney will know how to accurately value your damages and fight to help you recover the maximum compensation you need and deserve. 

3. Dealing with Insurance Companies can be Challenging

After an accident, speaking with insurance adjusters and negotiating a settlement may be the last thing on your mind. Insurance companies are in the business of making money—even your own insurance company may not have your best interests in mind. Insurers have teams of lawyers and adjusters whose job is to find ways to minimize or deny personal injury claims. Skilled Pennsylvania personal injury lawyers are familiar with these blame-shifting tactics and will negotiate aggressively on your behalf so you can focus on what is important –healing and getting on with your life. 

4. Personal Injury Lawyers Know How to Prove Liability

For a personal injury claim to be successful, you must prove that your injuries and losses are the other party’s fault. Although medical records, photos of the scene and your injuries, witness testimony, surveillance camera footage and police reports are valuable evidence, it takes the experienced eye of an accident attorney to put them all together and build a case to prove negligence. In addition, personal injury law firms often have experts such as accident reconstructionists, investigators and medical experts who can help to explain the extent of your injuries and why a party may be liable.  

Do you or a loved one need assistance with an accident claim? Our personal injury lawyers in Chester County, PA can assess your case and advise you of your rights and options.

This blog was originally posted on https://www.pa4law.com/should-you-hire-an-accident-attorney-or-handle-the-claim-yourself/

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Common Estate Planning Errors that May Have Unintended Consequences

Having a solid estate plan in place is important to ensuring that your wishes are carried out and your family is taken care of. Regardless of the size of your estate, attempting to create an estate plan on your own can lead to costly mistakes down the road. Being aware of these common estate planning mistakes, and seeking the counsel of an experienced Pennsylvania estate planning attorney, can help to ensure all of you are well prepared for whatever may come your way.   

Only Having a Will

A last Will and testament is not a complete estate plan. It is critical to consult an estate planning lawyer to find out how to best protect your interests and your beneficiaries. The best estate attorneys will do a comprehensive review of your assets and finances, talk with you about planning for incapacity, ascertain your family circumstances, and advise you on whether trusts would provide any benefit to you or your loved ones.  

Failing to Create Powers of Attorney for Finances and Health Care

Many people have the misconception that creating a general durable Power of Attorney [POA] will give your agent control over your health care decisions and financial matters. Being as specific as possible in a POA can help to ensure your rights are protected and your desires are carried-out as you intended if you become incapacitated. 

A Durable Power of Attorney for Health Care, also referred-to as a Health Care Directive, allows your designated agent to make medical decisions on your behalf, and also enables you to specify your wishes for end-of-life decisions if you are unable to make them yourself. A Durable Power of Attorney for Finances gives your agent the ability to handle your finances in the event of incapacity. While most people choose the same person for both types of POA, some prefer to name separate trusted individuals to manage their health care decisions and finances. Attorneys who specialize in Wills are knowledgeable about how Powers of Attorney should be drafted. 

Misunderstanding the Implications of How your Assets are Distributed

Even if you have a Will, some assets like life insurance and retirement accounts are not typically controlled by your Will and do not have to pass through probate. This can lead to problems if you fail to update beneficiaries after major life changes like divorce or the death of a spouse. In addition, understanding which assets may be subject to estate and income taxes can help your beneficiaries keep more of their inheritance in the long run. 

Other actions that you may think are beneficial, such as adding your adult child to the title of your home or other property, attempting to plan your estate around specific assets, or failing to create trusts for minor children and loved ones who are not good at managing money can have disastrous unintended consequences. A probate lawyer can help you understand how certain estate planning documents like trusts can be effective ways to simplify things and reduce the amount of time and money your beneficiaries spend on settling your estate.  

These are just a few common estate planning mistakes that can throw a wrench into even the best-laid plans. An experienced attorney can help you sort it all out and create a solid estate plan that gives you peace of mind.

This blog was originally posted on https://www.pa4law.com/common-estate-planning-errors-that-may-have-unintended-consequences/

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4 Things to Consider when Creating Your Will

Regardless of your age or income, it is essential to have a properly drafted Will. Although thinking about and discussing death is not pleasant for anyone, having a Last Will and Testament in place at the time of your death can relieve your loved ones from a heavy emotional and financial burden. Hiring an attorney for will preparation helps to ensure it is prepared correctly the first time, and gives you and your family peace of mind. Taking these four issues into consideration is vital when writing your Will. 

1. Take Stock of Your Property and Assets

Before meeting with an estate planning lawyer, sit down and make a list of all your assets and property. This includes your home, vehicles, jewelry, and any other items of value. Write down the amounts of all your bank accounts, investments, stocks and other financial assets. Keep in mind that certain assets such as retirement accounts, proceeds from life insurance, and property owned in joint tenancy typically fall outside the scope of a Will, so make sure all beneficiaries are up to date. Although some people prefer to keep their Will fairly general, if you have certain items or family heirlooms that you want to pass on to specific people, include a comprehensive list of who gets what. An experienced probate lawyer can help you understand which assets may avoid probate and how proper estate planning can help make the process easier and less time-consuming for your loved ones.  

2. Think about who to Choose for Vital Roles

Choosing the right executor for your Will can be daunting. Of course, you should choose someone you trust to take care of your affairs and settle your estate according to your wishes. Picking legal guardians for minor children and pets can also be overwhelming. If you are setting-up trusts for your children, it may be best to choose someone else as trustee. It can be tough to put aside your emotions when making these important decisions. Discussing your family dynamics and other issues with your estate attorney is always a good idea. Your lawyer can provide an objective perspective that may help you see things more clearly. 

3. Consider all Beneficiaries

If you are married, typically your estate will pass on to your spouse, but what happens if you both pass at the same time? Think about the family, friends, and charities you would like to include as beneficiaries. If you want to leave money or assets to a loved one who isn’t great at handling their finances, talk with your attorney about setting-up a trust whose assets will be controlled by someone else. If you wish to provide for a loved one with special needs, your attorney can help you set up a trust for them as well. If you have children from multiple marriages or a blended family, make sure to discuss your wishes with your attorney so they are laid out specifically in your Will. 

4. Do Not Go it Alone

Although estate planning websites make it look easy, attempting to draft a Will on your own can lead to serious mistakes that can have disastrous financial and emotional consequences for your beneficiaries.  If you are concerned about the expense, keep in mind that the cost of having a lawyer draft your Will is probably not as much as you think. 

Do you need assistance with creating a Will or estate plan? Contact a Pennsylvania estate planning lawyer today. 

This blog was originally posted on https://www.pa4law.com/4-things-to-consider-when-creating-your-will/

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What to Do if You're the Victim of a Hit and Run

Being injured in a car accident is often a traumatic experience. It can be especially challenging when you or a loved one is the victim of a hit-and -run driver. Many people who are hurt in hit-and-run accidents do not know where to turn or what to do to find the driver or to recover compensation for medical bills and other damages. Following a crash with a hit-and-run driver, it is vital to act fast to protect your health and finances.

Hit-and-Run Accidents Are on the Rise

According to the AAA Foundation for Traffic Safety, the number of hit-and-run crashes in the United States is rising at an alarming pace. In 2016, there were a total of 1,980 fatal hit-and-run accidents, which resulted in 2,049 deaths. Leaving the scene of an accident is a crime in Pennsylvania. If a hit-and-run driver seriously injures or kills someone, it can be charged as a felony.

Steps to Take Following an Accident

If you are involved in a crash with someone who leaves the scene of the accident, call 911 immediately. The sooner you can give police a description of the vehicle, driver, and license plate (if possible), the better. Ask any witnesses for their contact information and write down everything you remember about how the accident occurred. Take photos of the scene, damage to your vehicle, and any injuries. Some injuries do not show symptoms right away, so it is best to get checked-out at the ER or physician’s office.

Taking these steps helps preserve valuable evidence that can lead to finding the negligent driver and provides proof of the accident and your injuries to your insurance company.

How to Recover Compensation When a Driver Cannot Be Found

Even if the hit-and-run driver is not found, your own auto insurance company may provide compensation through your PIP (personal injury protection) and uninsured motorist coverage (UM). Adding adequate amounts of this coverage to your car insurance policy is well worth the cost to protect yourself in the event of an accident. Your medical insurance may also cover all or some of your medical expenses.

When you call your insurance company, it is important to keep in mind that it is not looking-out for your best interests. Whether you are seeking coverage from your own policy or the at-fault driver’s insurance policy, most insurance companies try to pay minimal settlement amounts, and they may deny your claim. This is just one reason why contacting a car accident attorney is a good idea if you have been the victim of a hit and run.

Contact an Auto Accident Attorney

Dealing with insurance adjusters can be frustrating, especially when you are hurt and trying to heal. An auto accident attorney can handle all communications with your insurance company and negotiate aggressively to help you recover the maximum amount of compensation to which you may be entitled. Your accident lawyer will also ensure that all relevant evidence is collected and presented to support your claim.

Traffic camera footage, eyewitness accounts, vehicle and driver descriptions, and license plate numbers can help law enforcement find a hit-and-run driver. If police hit a dead end, your attorney may enlist the help of private investigators to track-down the negligent motorist.

If the hit-and-run driver is found, you may bring a lawsuit against him or her to recover compensation for your medical expenses, past and future loss of income, property damage, pain and suffering, and other damages. If the driver was intoxicated or acting in a reckless manner, you may be entitled to punitive damages as well. The best personal injury lawyers pursue all possible sources of compensation to help you get the care you need and to protect your financial future.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-the-victim-of-a-hit-and-run/

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Steps to Take After a Slip and Fall Accident

 

Property and business owners have a legal obligation to keep their premises safe, which includes outdoor areas such as sidewalks, stairs, and parking lots as well. Being hurt in a slip and fall accident can have serious repercussions. Injured victims often wonder how they will pay their medical bills, make up for lost time off work, and care for their families. If you have been hurt in a slip and fall accident that was due to someone else’s negligence, it is important to take certain steps to protect your rights.

Seek Medical Attention

After any accident, it is critical to receive medical treatment as soon as possible. Even if you believe you are not seriously injured, symptoms of a condition may not appear until days or weeks later. Visiting the emergency room or seeing a doctor soon after your injury can help to ensure you get the care you need, and provide valuable evidence that a good injury lawyer can use to back up your claim down the road. Keep all bills and receipts for any treatment and medications you receive, transportation to and from appointments, and any other accident-related expenses.

Take Photographs or Video

Photos and video of the premises provide concrete evidence of dangerous conditions. Take photos of the area in which you fell and any hazards that may have caused you to slip, trip, or fall. It is also a good idea to take pictures of your injuries. If you are unable to take photos yourself, ask a bystander or someone with you to snap a few pictures.

Jot Down or Dictate Notes

Write down everything you remember about how the incident happened while it is still fresh in your mind. If you do not have a pen and paper handy, use the recorder on your phone to document what happened.

Gather Contact Information from Witnesses

Ask any potential witnesses for their names and phone numbers. Even if a person did not see you fall, he or she may have seen the negligent act or dangerous condition that caused your injury. For example, if you are shopping in a grocery store and slip on water from a cooler that is leaking onto the floor, other customers and workers may have seen the water there before you fell and became injured.

Make an Incident Report

Ask to make an incident report with the manager or owner of the business or property. Provide only factual information on the report. Do not say anything that could be construed as a fault on your part. Make sure to obtain a copy of the report before you leave. If a manager or owner is not available, ask for their name and phone number.

Do Not Give a Statement or Sign Anything from an Insurance Adjuster

It is vital to remember that insurance companies do not have your best interests at heart. They will do almost anything to pay as little as possible or deny claims altogether. If an insurance adjuster contacts you, do not speak to them, sign anything, or accept a settlement before contacting a Pennsylvania personal injury lawyer.

Contact an Accident Attorney

An accident lawyer can evaluate your case and advise you of the most effective course of action to recover compensation. He or she will gather evidence to support your claim and handle all negotiations with the insurance company. Your lawyer will act as your staunch advocate and fight to help you get the maximum compensation you need and deserve. Personal injury attorneys offer free consultations, so you do not have to worry about incurring any up-front costs, even if you do not move forward with your claim.

This blog was originally posted on https://www.pa4law.com/steps-to-take-after-a-slip-and-fall-accident/

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Seeking Wrongful Death Damages after an Accident

 

Losing a loved one in an accident is one of the most difficult experiences a family can face. In addition to grieving and coping with emotional trauma, survivors may have to deal with financial and practical repercussions as well. Although no amount of money can bring a loved one back, if someone else’s negligence caused their death, you may be able to find recourse and hold them accountable by filing a wrongful death claim. A local injury lawyer can help you understand how wrongful death actions work in Pennsylvania and determine whether or not you have a potential claim.

What Is Wrongful Death?

Pennsylvania law defines a wrongful death as one that is "caused by the wrongful act or neglect or unlawful violence or negligence of another." Even If a person who caused a wrongful death is not criminally charged or convicted, you can still file a civil case for damages against them.

Who Can File A Wrongful Death Claim In Pennsylvania?

Navigating the laws surrounding wrongful death in Pennsylvania is challenging. A civil wrongful death claim can only be filed by the personal representative of a decedent’s estate. The executor of the will or a personal representative appointed by the court brings the claim on behalf of the beneficiaries of the estate. If a claim is not filed within six months of the person’s death, a beneficiary is entitled to file a claim on behalf of all beneficiaries of an estate. Whether you are the personal representative of a loved one’s estate or a beneficiary who is filing a claim, it is vital to have a lawyer guide you through the process.

Common Types of Damages in Wrongful Death Cases

Wrongful death is often the result of a car accident, motorcycle crash, bicycle or pedestrian collision, or an accident involving a tractor trailer or drunk driver. Depending on the circumstances, multiple parties may be liable for damages. For example, if a faulty truck part causes brake failure that leads to an accident, the parts manufacturer, trucking company, truck driver, or even a mechanic or maintenance company may be liable for injuries and losses stemming from the crash.

Damages in wrongful death claims often include:

• Medical expenses

• Funeral and burial costs

• Estate administration expenses

• Loss of income and benefits, including income that a deceased person would have reasonably earned and contributed to their family’s support over the course of their remaining work life.

• Compensation for the loss of comfort, society, and household services

• Loss of love, affection, and consortium

• Loss of moral guidance and support

• Pain and suffering

• Punitive damages

• Other applicable damages

Loss of companionship, support, moral guidance, and pain and suffering are meant to compensate surviving loved ones such as a spouse, children, or parents. Punitive damages are not awarded to compensate the deceased person’s loved ones, but to punish the defendant if their actions were particularly egregious or willfully harmful. Calculating damages in a wrongful death claim is a complex process that often requires the input of professionals such as forensic accountants and economists.

Determining Whether You Have a Wrongful Death Claim

These types of cases require extensive investigation and the knowledge of car accident attorneys who are well-versed in handling wrongful death claims. The statute of limitations for bringing a wrongful death or personal injury claim in Pennsylvania is typically two years from the date of death, Although it could be earlier, so the sooner you speak to a lawyer, the better. The best accident attorneys offer a free initial consultation, so you can ask questions and find out your options at no cost to you.

This blog was originally posted on https://www.pa4law.com/seeking-wrongful-death-damages-after-an-accident/

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Dog Bites and Personal Injury Law In Pennsylvania

Most dog lovers consider their canines part of the family. However, even the best-behaved dog can become aggressive and cause injury to others. If you or someone you love has been the victim of a dog bite, it is important to understand the nuances of Pennsylvania law and how it may apply in your case.

Pennsylvania Dog Bite Law

Hiring a skilled injury lawyer is vital if you are pursuing a dog bite claim. These types of cases often involve complex legal issues and may require extensive investigation.

Pennsylvania law requires owners and caretakers to retain reasonable control over their dogs at all times. This means that owners should confine their dogs on their premises and take extra precautions to prevent them from escaping. Even if there is no leash law in a particular town or area, if an unleashed dog causes injury or damage, the owner is typically liable.

In any personal injury claim, a plaintiff must prove that the defendant’s negligence caused their injuries. An injured victim may be able to recover compensation by proving that a dog owner violated Pennsylvania’s dog confinement or dangerous dog statute, but most dog bite claims can be considered what is known as a common law negligence claim. In these types of cases, the following elements must be proven by the plaintiff:

• The defendant had a duty of care to follow a certain legal standard of conduct to protect others from unreasonable risks

• The defendant failed to conform to the required standard

• The defendant’s actions (or inaction) resulted in the plaintiff being injured

• The plaintiff suffered damages or losses

Recovering Compensation in a Pennsylvania Dog Bite Case

Even if your dog bite case seems straightforward, seeking the counsel of a Pennsylvania personal injury attorney who understands how to prove negligence in a dog bite case can help to ensure you recover the full and fair compensation to which you may be entitled. Many homeowners and renters insurance policies cover damages for dog bites and other animal attacks, but insurers do everything they can to offer minimal settlements or to deny claims.

An insurance adjuster or attorney may attempt to blame the dog bite on the victim and claim that the injured person was hurt because they “provoked” the dog. There are all kinds of underhanded tactics they may use to avoid liability. Some policies have exclusions that do not cover injuries caused by certain breeds of dogs, such as pit bulls and rottweilers. In these types of cases, you may have to sue the dog owner directly instead of filing a claim with their insurance company.

An Attorney Will Accurately Value Your Dog Bite Claim

Dog attacks can result in long-term physical injuries and mental conditions. Victims who suffer from scarring, disfigurement, or chronic pain often deal with conditions such as PTSD, depression, and anxiety as well, which can have a significant impact on their quality of life. Treatment for these types of injuries often comes at a high financial and emotional cost. The best accident attorneys know how to calculate these damages correctly. If you attempt to go it alone, you may find that the settlement you receive is not enough to cover the cost of medical care and loss of income, let alone provide compensation for damages like pain and suffering or emotional distress.

If you or a loved one has been injured in a dog attack, contacting an experienced personal injury lawyer can help you understand your rights and maximize your recovery.

This blog was originally posted on https://www.pa4law.com/dog-bites-and-personal-injury-law-in-pennsylvania/

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Steps to Take If You Find Yourself in the Middle of A Custody Battle

Being involved in a child custody battle can be emotionally and financially draining. When things get heated, it is easy to lose sight of your objectives. Our custody attorneys advise clients on what to do and what not to do amidst a custody dispute. These tips can help you deal with tense situations and increase your chances of gaining custody while keeping your children’s best interests at the forefront. 

Note, if you are located in Southeastern PA or Northern Delaware, and looking for legal help with your custody issues, you can contact the law firm of Perna & Abracht here.

Hire A Child Custody Lawyer

In a contentious custody battle, it is not a good idea to go it alone. Family law in Pennsylvania is complex, and the best divorce lawyers are also skilled at dealing with child custody issues and matters, including child support. An attorney can evaluate your case, help you form a strategy, and guide you through the process every step of the way. Having a skilled lawyer in your corner can help to ensure that your rights and your children’s well-being are protected. 

Be Objective

There is no doubt that emotions run high when it comes to issues involving children. Try not to get wrapped-up in the drama of the situation – practicing compassion and putting yourself in the other parent’s shoes can go a long way in resolving custody issues. It is also important to ask yourself what your motivations are. Are you doing what is best for your children? Sometimes the answers to these questions can be hard to swallow, but can also make things easier and more pleasant for everyone in the long run. Because your attorney is not emotionally attached to the situation, he or she can provide an objective perspective that may help you see things in a different light. 

Gather Evidence and Documentation

It is vital to have evidence that supports your case. This can be anything from keeping a record of your co-parent’s involvement in school or other activities, their interactions with you and your children, and even witness testimony. The more you know about your children, the better. Make sure you are up on what is going on in their lives, whether it is knowing the names of their teachers, the subjects they like studying, any hobbies or sports they enjoy, or more serious matters such as their medical needs. Do not attempt to stretch the truth or fabricate evidence in your favor. Honesty is always the best policy, even if you fear that a custody agreement will not turn out exactly as you wish. 

Try Alternative Dispute Resolution First

Settling a custody dispute out of court can help save you time, money, and aggravation. Not only that, it is better for your children as well. Even if you are angry with your co-parent, being flexible can help you come to a reasonable agreement in a more timely manner. If you and your co-parent have a hard time with civil communication, your attorney can handle negotiations and act as your advocate.  

Present a Positive Image

When you’re going through a child custody battle, your image and behavior are under a microscope. Your role as a parent and attentiveness to your children will be scrutinized, so it is important to conduct yourself with dignity. Do not badmouth your co-parent to your children or anyone else. It can have a negative impact on your kids, and you never know when your words may come back to bite you. Avoid using social media if you can. Do not post anything about your divorce or custody case. It is also important to refrain from posting pictures that show you consuming alcohol or drugs. Even an innocent photo of you enjoying a glass of wine after work can be misrepresented as a problem. 

Whether you are in mediation or a courtroom, always dress conservatively, be polite, and be on time. These seemingly-little things can make a significant impression on judges, social workers, and others who may be involved in your case. 

Even in the best of circumstances, issues surrounding child custody can arise. A child custody lawyer in Pennsylvania can assist you with your case, improve your chances of a successful resolution, and take some of the burden off your shoulders during challenging times. 

This blog was originally posted on https://www.pa4law.com/steps-to-take-if-you-find-yourself-in-the-middle-of-a-custody-battle/

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Questions to Ask When Looking for a Divorce Attorney

Finding a divorce attorney who is right for you can be daunting. Ending a marriage can be emotionally and financially draining as it is, so it is important to hire an attorney who has your best interests in mind.  Arming yourself with knowledge before you begin your search can help you feel more confident about your decisions and help you understand the divorce process. Asking some questions can also prepare you for what lies ahead and help you find a divorce lawyer who meets your needs and meshes with your communication style. 

Do you know that the Perna & Abracht legal team is always available to answer your divorce questions here, without any obligation?

Experience & Qualifications

There are a few questions to ask that can give you an idea of whether or not a lawyer is experienced in handling divorce cases, including:

• How long have you been practicing family law? 

• Is divorce your specialty?

• How many divorce cases have you handled? How many were settled out of court?

• Are you familiar with local family court judges, lawyers, and other officers of the court?

• Do you have experience handling cases that involve child support, alimony, business valuation, and significant assets? (This question will depend on your specific circumstances)

• Are you skilled in alternative dispute resolution such as mediation or collaborative divorce?

• How many of those cases were you able to settle out of court?

Strategy

• Do you think it is better to mediate and negotiate than go to trial?

• Will you ask my opinion before planning a strategy?

• What is your strategy for my case?

• Will I be able to negotiate directly with my spouse?

• How long do you think it will take to resolve my case?

• Based on the circumstances, what do you think the best possible outcome could be for my case? The worst?

Availability

• Will you or another attorney handle my case? If someone else is handling it, what is their experience?

• Can I meet others from the firm who will be involved in my case?

• Will you be readily available via phone, email, or text? 

• What is the best way to contact you if I need help with an urgent matter? What do you consider an emergency?

• Will I be kept informed of all developments in my case?

Legal and Tax Implications

• How are marital assets divided in my state? 

• Am I entitled to spousal support or alimony or will I have to pay?

• How do you ensure you are getting accurate financial information from my spouse?

• What are the tax implications of my financial decisions surrounding the divorce?

Custody & Child Support 

• How are child custody and support determined in my state?

• What are your recommendations for custody and child support based on my circumstances? 

• How can I increase my chances of gaining custody? 

• Will I have to pay child support or will I be entitled to child support? 

Fees & Costs

• Do you charge an hourly rate or a fixed fee?

• If hourly, what is your rate? 

• How much do you require for a retainer?

• What are the rates for the services of paralegals and other professionals in your office?

• Will I be charged for phone calls?

• Do you anticipate additional costs such as hiring a private investigator or other professionals? 

• What can I do to help keep costs down?

Find an Attorney Who Always Puts Your Interests First

Asking these questions can help you get a feel for an attorney’s style and whether they will be a good fit with your personality. Do not hesitate to ask any additional questions you may have as well. Talking with a skilled, compassionate Pennsylvania divorce lawyer can help put your mind at ease and make the process less stressful.

This blog was originally posted on https://www.pa4law.com/questions-to-ask-when-looking-for-a-divorce-attorney/

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How Does Domestic Violence Affect Divorce Cases?

Although there are laws in place that are designed to protect victims of domestic violence, millions of Americans still suffer abuse at the hands of loved ones each year. Domestic violence is a factor that is taken into consideration in some divorce cases, but it can be challenging to understand how the law works and how these factors may influence your divorce. Your divorce attorney can explain how domestic violence may affect your case and help you find ways to protect yourself if you are still dealing with a violent or threatening partner. It is also critical to have an attorney represent your interests if you have been accused of domestic violence.

Note: If you are located in the Southeast PA or Northern Delaware, get legal representation from the area's leading divorce attorneys here.

Types of Divorce in PA 

The majority of divorces in Pennsylvania and other states are no-fault, which means that both parties have mutually agreed to separate or one party has waited the required amount of time to divorce without the other party’s consent. Divorce on fault grounds requires one party to show that their spouse committed an act such as abandonment, adultery, cruel and barbarous treatment, bigamy or other acts. Depending on the specific circumstances, physical and mental abuse may be considered cruel and barbarous treatment, so it can have a significant impact on your divorce if you file on fault grounds. 

How Domestic Violence may Affect Division of Marital Property and Alimony

Pennsylvania is an equitable distribution state, but this does not mean that assets are always split 50/50. A judge may decide to award a larger share of a marital estate to a spouse who has been a victim of domestic violence, especially if the abuser’s behavior had an impact on the couple’s finances. For example, if an abuser’s actions prevented their spouse from holding a job, the victim may be awarded a larger portion of marital assets. Domestic abuse may also be a factor when determining alimony amounts, particularly if an abused spouse was financially dependent on the other or the abuser caused them financial harm. A spousal support attorney can determine what you may be entitled to and work to ensure you receive a fair settlement and alimony, if applicable. 

Domestic Abuse & Child Custody

In matters surrounding child custody, the court’s priority is the child’s best interest. If it can be shown that one spouse was abusive to another, the abuser is usually less likely to obtain custody of the children, even if the children were unaware of the abuse. If your spouse has been abusive, the court may prohibit overnight visits, require supervised visitation, and order that all exchanges of the children are conducted in a public place like a police station. If the abuse is extreme or your spouse also abused the children, a judge may not allow any visitation at all. If you believe your children are at risk, it is vital to have a good child custody lawyer who is well-versed in the law and who will fight to protect your children’s safety. Your lawyer can also help you file for a Protection from Abuse order (PFA) for you and your children if necessary. 

Settling a Divorce Out of Court

Proof of domestic abuse can also give you leverage if an abusive spouse wants to keep their behavior from coming to light in a courtroom. A skilled Pennsylvania divorce attorney may be able to negotiate an advantageous settlement without ever having to take your case to trial.

How an Attorney Can Help

If you are divorcing an abusive spouse, it is important to have someone to act as your staunch advocate. A seasoned divorce lawyer can assess your case and advise you on the best course of action to stay safe, develop a strategy to hold your spouse accountable, and protect your rights. 

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-violence-affect-divorce-cases/

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What is the Probate Process in Pennsylvania?

Probate is the legal process used to administer and settle an estate in Pennsylvania. Knowing how the probate process works is vital if you are the executor of a will or a relative of someone who has passed away without a will. If you are creating an estate plan, an attorney can help you understand the basics of probate and help you craft a plan that meets your needs and protects your loved ones’ interests. 

The Purpose of Probate

The aim of probate is to collect an estate’s assets, settle any final debts, pay any tax due, and ensure that the remaining property is distributed to the decedent’s beneficiaries or heirs. When there is no will, the court appoints an administrator for the estate and their assets are distributed according to the laws of intestacy, which determine who will inherit the decedent's assets. 

Depending on the circumstances, probate can be a complex process. Although some estates can be wrapped-up in a few months, if there is no will or it is contested, settling an estate can take more than a year.  If you are unfamiliar with probate or anticipate problems or conflict surrounding a loved one’s estate, having an experienced attorney assist you with probate is vital to help the process run more smoothly and avoid errors.

Steps Involved in the Probate Process

Validating the Will

First, the executor of the will or personal representative of the estate is required to take the will, a certified copy of the death certificate, and a petition for Letters Testamentary to the Register of Wills in the county where the decedent resided. After it is determined whether the will is valid, the Letters Testamentary are issued and a fee is paid. The personal representative must also file a petition for probate, which asks the local probate court to open the case. If there is no will, Letters of Administration will be issued to the administrator by the probate court. The administrator is usually the next of kin, but it can be anyone depending on the particular circumstances. These documents give the executor or personal representative (i.e., the Administrator) authority to gather assets and act on behalf of the estate. 

Estate Administration

All of the assets of the estate are identified, located and gathered by the personal representative or executor. They also must publish a legal notice in at least one local newspaper and one legal reporter or newspaper of general circulation, which informs the public, heirs, beneficiaries and creditors that probate is beginning. Certification of these notices must also be filed with the court. After inventorying estate assets, the administrator pays all debts and taxes. If any estate property needs to be sold, the personal representative is permitted to do so, but must file periodic status reports with the court. A discount of 5% is given if Pennsylvania inheritance taxes are paid within three months of the date of death. The final tax return is due nine months from the date of death. 

Final Accounting and Distribution of Assets

When all matters have been resolved, a final accounting of the estate administration is prepared, and the remaining assets are distributed to heirs or beneficiaries. If there are any disputes by creditors or beneficiaries, or if there are any inconsistencies in the accounting, a formal accounting to the court may be required. A skilled probate attorney will oversee all aspects of probate, and can help you deal with any issues or conflicts that may arise. 

Whether you are creating an estate plan or need assistance with probate and estate administration, seeking the counsel of an experienced attorney in Pennsylvania can give you peace of mind and refine the process. 

This blog was originally posted on https://www.pa4law.com/what-is-the-probate-process-in-pennsylvania/

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Child Support for Children with Special Needs

Hashing-out child support issues can be challenging. They can be especially stressful when you have a special needs child who needs extra care or services. Many special needs children require help beyond the age of majority (typically 18), and parents often wonder how their child will be taken care of should they become unable to do so. Special needs children and adults are often eligible for government assistance, so if you are in the middle of a child support battle, it is important to hire the best child support lawyer you can find. An attorney should understand how child support payments can impact the benefits that a person with special needs receives from government programs, and ensure that a child support order does not put their eligibility at risk. 

Child Support Determinations

Many different things are taken into consideration when determining who will pay child support and in what amounts. Child custody arrangements, both parents’ income and earning potential, and other factors impact the amount a child receives. However, in cases involving special needs children, there may be additional expenses to consider, such as educational needs, at-home care, medical treatment, equipment, and medications. It is critical for your attorney to bring these issues to light during the initial support determinations to ensure the cost of your child’s care is fully covered.   

Modifications to Child Support Orders

Circumstances change, so it may be necessary to ask the court for a modification to your child support order. It is important to save all of your child’s medical and education records, receipts for treatment and care, and any other documentation of your child’s needs, such as reports from doctors, physical and occupational therapists, mental health professionals, and educators.  

Special Needs Trusts

Typically, child support payments stop when a child turns 18. In cases involving special needs children, courts may order that support continue into adulthood. Children and adults with special needs may receive Medicaid, SSI or SSDI, housing, and other government benefits, so making sure that child support amounts do not affect these benefits is vital. One way to do this is to create a special needs trust. 

What Is A Special Needs Trust?

There are two types of special needs trusts. A first-party trust holds assets that belong to the beneficiary, including child-support payments, damages awarded in a personal injury claim, and gifts made directly to the child. A third-party special needs trust holds assets that do not belong to the beneficiary, but are used for their benefit by the trustee. If you have a family estate planning attorney, you may want to consult with him or heer about which type of trust will best protect your child’s interests should you pass away or become incapacitated.  

It is important to note that Medicaid payback provisions apply to first-party trusts, and child support payments that exceed income amounts for SSI may jeopardize your child’s eligibility for these benefits. Funds in a third-party trust are not subject to these provisions, but may only be used for certain things to ensure the child is still eligible for benefits. Setting up a special needs trust the right way can allow parents to provide for a child while protecting the child’s ability to receive government benefits. 

How an Attorney Can Help

If you are considering divorce or need help with matters involving financial support for a special needs child, avoiding these potential pitfalls is essential. Reach-out to our experienced divorce attorneys here. We can help you understand your options and ensure that the final support agreement is written in a way that protects your child’s interests and any government benefits to which your child may be entitled.

This blog was originally posted on https://www.pa4law.com/child-support-for-children-with-special-needs/

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5 Vital Estate Planning Documents that Protect Your Legacy

Estate planning is not something most people like to think about, but due to the COVID-19 pandemic, many are creating or updating their wills and other important documents. Although you may believe that a will is sufficient for settling your affairs, it is only one piece of the estate planning puzzle. Having a lawyer help you create the following four vital estate planning documents can ensure your rights are protected and your legacy lives on as intended. 

1. Last Will & Testament

A will enables you to dictate how your property and assets will be distributed to beneficiaries following your death. It also gives you the opportunity to name an executor who will manage and settle your estate. If you have minor children or care for an adult with special needs, you can also appoint a guardian for them in your Will. 

When someone dies without a Will, things can become complicated for their loved ones. The probate court will appoint an administrator to handle your estate, and may also appoint guardians for any dependents. Your assets will be distributed according to intestate succession laws, which means your property may not be distributed according to your wishes. The settling of your estate through the probate process can take significantly longer without a Will. If you already have a last Will and Testament, make sure to update it regularly, especially following divorce or the death of a spouse or other loved one. 

2. Living Trust

Alternatively known either as a “Revocable Trust” or “Irrevocable Trust,” a Living Trust is a separate legal entity that is created to hold assets. Typically, this is done to prevent these assets from going through probate, to decrease tax liability, and/or for personal or family reasons. If the Living Trust is “revocable,” you can change the trust terms, transfer property in and out of the trust, or end the trust altogether while you are alive. Upon your death, the named trustee may continue to administer the assets in the trust, or terminate the trust, depending on your Trust instructions.

3. Advance Medical Directive

Also known as a living will, an “Advance Health care” Directive allows you to specify your wishes for end-of-life decisions such as CPR,  life support, and organ donation. Unexpected illness or incapacitation means that your family may have to make medical decisions without knowing what you would have wanted. This can lead to unnecessary conflict and emotional distress for your loved ones, and may even result in them making decisions that do not align with your wishes and values.  It also ensures that medical providers will follow your wishes in determining the kinds of medical treatment you receive.  In the age of COVID-19, Advance Health Care are more important than ever.

4. Power of Attorney for Finances

Another important issue to address is who will take care of your financial matters if you become incapacitated. In a Power of Attorney for finances, you can name an agent who will handle tasks such as paying bills, managing bank and investment accounts, buying and selling real estate, stocks, bonds, and other assets, filing and paying taxes, and other financial matters. Appointing a person you trust to make these decisions is crucial. If you are uncertain about who to name as your agent, an attorney can provide an objective perspective on who may be the best person to handle your health care and/or finances if you are unable to do so.

If you need assistance with estate planning or other legal matters, click here to contact an experienced attorney and get started.

This blog was originally posted on https://www.pa4law.com/5-vital-estate-planning-documents-that-protect-your-legacy/

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Types of Damages in Personal Injury Cases

When you have been injured or have lost a loved one in an accident, filing a personal injury claim against the at-fault party allows you to recover compensation for your damages. In most personal injury cases, damages are intended to “make the plaintiff whole.” Although no amount of money can change what happened, an attorney can help you understand the types of damages to which you may be entitled if you are hurt, or a family member is killed, due to someone else’s negligence. 

Economic Damages

Economic damages are measurable, objectively verifiable financial losses. Common types of economic damages include:

MEDICAL BILLS – Medical expenses such as surgery, hospital stays, physical therapy, rehabilitation, medications, and ongoing treatment can be costly, especially if an injured victim has sustained a catastrophic injury or is permanently disabled. If someone requires lifelong care or adaptive devices like prosthetics, it is important to accurately value future medical costs. Hiring an attorney can help to ensure you receive adequate compensation for both past and future medical expenses. 

LOSS OF INCOME – Damages for lost wages include compensation for work that a victim could have earned if they had not suffered an injury. If you are permanently unable to work due to your injury, you may also be entitled to compensation for loss of  future earning capacity.  

PROPERTY DAMAGE – You may be able to recover compensation for any property damage sustained in an accident that was someone else’s fault. For example, car repair or replacement.  

Non-Economic Damages

Also known as general damages, non-economic damages are harder to quantify – they are highly subjective and vary from case to case. It is critical to seek the counsel of a lawyer who knows how to correctly calculate and prove which general damages you may be entitled to recover. Types of non-economic damages include:

EMOTIONAL DISTRESS – People who are severely or permanently injured often suffer from mental anguish, anxiety and stress. 

PAIN AND SUFFERING – Those who suffer serious injury may experience chronic physical pain, which can make it impossible to enjoy or even perform everyday activities like taking a walk or playing with their children. 

EMBARASSMENT AND HUMILIATION – Reduced ability to function, disfigurement, lack of independence and other conditions can cause injured victims to suffer embarrassment and humiliation. 

LOSS OF ENJOYMENT OF LIVE – An injury can deprive you of the pleasure of participating in things you used to enjoy, such as social outings, sports, and hobbies. 

LOSS OF COMPAINIONSHIP OR CONSORTIUM – Wrongful death or personal injury can destroy marriages, friendships and other family relationships.

Punitive Damages

Punitive damages may be awarded if an at-fault party’s conduct was particularly outrageous, reckless or malicious. Punitive damages are not designed to compensate the victim – they are intended to punish the wrongdoer and discourage others from committing similar acts. Drunk drivers who cause injury in a car accident often end up being liable for punitive damages in addition to compensatory damages. 

How Are Damages Calculated?

Personal injury claims are complex. No two cases are alike, and the amount of damages you may recover depends on the extent of your injuries, how they have impacted your life, and other factors. There is no set way to calculate damages, but insurance companies and attorneys often use the "multiplier method" to determine the total amount of general damages, including pain and suffering. 

This means that they take the total dollar amount of economic damages and multiply it by a number that is typically between 1.5 and 5. Your attorney will determine an approximate value of your claim by looking at the evidence surrounding the circumstances and the impact of your injuries. Insurance companies try to undervalue or deny claims any way they can, so it is critical to have a skilled attorney who will fight to help you recover maximum compensation and make things right for you and your family. 

If you have been injured or have lost a loved one in an accident, an experienced personal injury lawyer can help you understand your rights and provide legal counsel you can trust. 

This blog was originally posted on https://www.pa4law.com/types-of-damages-in-personal-injury-cases/

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