What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  

Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

• Failing to pick-up or return the children on time 

• Cancelations and missed parenting time

• Failing to inform you about important events or issues

• Badmouthing you to or in front of your children

• Drug and alcohol use

• Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court

Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt

If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

This blog was originally posted on https://pa4law.com/what-to-do-if-your-co-parent-wont-follow-a-child-custody-agreement/

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Updating Your Estate Plan After Divorce

Divorce often involves a lot of change in a short period of time, so it can be easy to overlook important issues like updating your estate plan. If you’ve recently been divorced, you’ll need a lawyer to draw-up your Will, draft updated powers of attorney, and help make other adjustments to your estate plan that reflect your goals and wishes for this new stage of your life. 

Write a New Will

Your family estate planning attorney will most likely recommend that you start fresh after your divorce and create a Will that names a new executor. This ensures that your previous Will is revoked and can eliminate confusion and conflict in the event of your passing. 

Revisit Guardianship of Minor Children

If you are co-parenting and on good terms with your former partner, you may have agreed to keep guardians for minor children as they are. If you want to change who you specify as guardian in your estate plan, the best divorce lawyers in Delaware County, PA advise clients to discuss it with their family law attorney and estate planning lawyer before making any revisions. Any custody or guardianship decisions that are specified in your divorce settlement agreement must be taken into consideration.

Update Your Advance Directive and Powers of Attorney

Most married couples designate their spouse to make health care and end-of-life decisions for them. If your divorce was amicable and both parties agree to maintain the status quo, you don’t have to change anything. However, if you are concerned about who should make these decisions in the event of your incapacitation, it’s important to change the agents you named in your power of attorney for health care and advance directive. The same goes for power of attorney for finances. You can revoke powers of attorney at any time, including during the divorce process. An attorney can ensure that that existing powers of attorney are properly revoked and help you create new ones. 

Name New Beneficiaries

It’s also essential to update beneficiaries on the following:

• Life insurance policies

• IRA, 401(k), pension, or other retirement accounts

• Bank accounts

• Investment accounts

• Real estate with transfer-on-death deeds

• Vehicles with named transfer-on-death beneficiaries

Any accounts you have that require the naming of a beneficiary should be updated after your divorce. 

Update Trusts

Top probate lawyers often recommend a revocable living trust as part of an estate plan, which can allow an estate to avoid probate. If you and your ex-spouse had a joint trust, assets held in it may have been divided in your divorce. In this case, your trust may have already been revoked or dissolved. Regardless, it’s important to make sure you create a new trust or update beneficiaries of any trusts you have to reflect your wishes. 

If you’re splitting-up with your spouse or need assistance with sorting-out estate planning after your divorce, an affordable divorce attorney can help you understand your rights and protect your interests.

This blog was originally posted on https://pa4law.com/updating-your-estate-plan-after-divorce/

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How Posting On Social Media Can Jeopardize Your Personal Injury Claim

Although it provides benefits like keeping in touch with loved ones who are far away, social media can work against you in a personal injury claim. Personal injury lawyers in Chester County PA advise clients to limit social media posts or deactivate their accounts until after a claim is settled. Here are some common reasons why. 

Social Media Posts Are not Private – They Can Be Used As Evidence

Anything you post on the internet should be considered public, even if you set-up your accounts with strict privacy controls. Insurance companies and their lawyers are always looking for reasons to deny or minimize personal injury claims. They scour injured victims’ social media accounts to find anything to discredit their claims or downplay their injuries and losses. 

Photos, posts, and comments from friends and family are also fair game in a personal injury lawsuit. For example, you may make an innocuous post with a photo of a beautiful mountain where you once hiked. If a family member comments on it and says something like “I bet you’ll be traveling after you get your huge settlement,” it can portray you in a negative light and give the defense fodder to impugn your character. Any accident or injury lawyer will tell you to be to be extremely cautious about what you and your loved ones put out there for the world to see. 

You May Contradict Yourself

It is important not to post any information or commentary at all about your accident, injuries, or claim. Regardless of what you write, your words may be twisted to make it appear like you are just in it for the money or faking your injuries. 

Without even realizingt, you may contradict claims that you made about the accident or the severity of your injury. For instance, if you suffered whiplash in a car accident and post about going golfing on social media, an insurer or their attorneys may use it to challenge the validity or severity of your injuries. 

Check-Ins Can Hurt Your Case

Check-ins on Instagram, Facebook, Twitter, and other social media sites can also show that you are doing things that would not be possible if your injuries are as serious as you claim. Something as simple as taking your kids to an amusement park and checking in can jeopardize your case, even if you do not participate in activities while you are there. If your Pennsylvania personal injury lawyer advises you not to check in on social media, it isbest to heed their warning. 

Deactivating Your Social Media Counts is Best

Your injury lawyer will most likely advise you to deactivate your accounts until your case is completed. If you must use social media, refrain from posting anything personal. Limit your use to liking other people’s posts and sharing news articles, silly memes, funny animal photos, and other harmless items. Avoid commenting on others’ posts. Make sure to ask friends and family not to tag you in photos or mention anything about your accident, injuries, or case. All your social media settings should be set to private. 

If you or a loved one has been hurt in an accident, our personal injury lawyers in Chester County PA can advise you of your options and help you recover the compensation you deserve.

This blog was originally posted on https://pa4law.com/how-posting-on-social-media-can-jeopardize-your-personal-injury-claim/

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Proving Fault in a Motorcycle Accident

One of the most important elements of any personal injury claim is proving who was at fault. In motorcycle accident cases, this can be challenging. Insurance companies often try to paint motorcyclists as irresponsible or reckless in order to deny claims. The best accident attorneys know how to refute these claims and put together evidence to create solid arguments that prove who was at fault. 

Evidence that Helps Prove Fault in Motorcycle Accident Cases

Proving fault in a motorcycle accident case is much like fitting the pieces of a puzzle together. It’s not just one piece of evidence that tells a story, but a combination of factors that build a strong case. Collecting relevant evidence in a timely manner is crucial, so if you are able to do this at the scene of the accident, you should. 

Vital evidence that can help prove fault includes:

Photos and damaged motorcycle gear. Take photos of the scene, damage to vehicles, and your injuries. If there are any skid marks or traffic signs and signals, make sure to get those in the pictures. It’s also important to take pictures of your helmet, the gear you were wearing, and your damaged bike. Make sure to keep these items, unaltered, in a safe place after the accident. A local injury attorney may use an accident reconstructionist to help prove fault in motorcycle claims. Photos and physical evidence like damaged gear can be valuable tools that help them determine how a crash occurred.  

Police reports. Always call 911 or local law enforcement after a motorcycle accident to ensure you get the medical care you need and to document what happened. Stay at the scene and speak to the police. If you can get a copy of the police report right there, make sure to do so. The report may contain important information such as statements from the other driver, witness statements, and the officer’s observations. Your attorney may also have responding officers testify in court if your case goes to trial. 

Camera footage. Surveillance and traffic cameras can provide valuable proof of how an accident happened and who was at fault. Time is of the essence, as many businesses record over surveillance footage within a week or even a few days. Top car accident lawyers will take action to obtain this footage as soon as possible to help prove your case. 

Witness statements.  A person who witnessed an accident can help substantiate claims of who was at fault. Witness statements are often powerful pieces of evidence, so make sure to collect contact information at the scene, and if possible, ask for a written or recorded statement while the incident is fresh in their minds.  

Your own journal. A diary can offer important details that may help prove your case. Pennsylvania personal injury lawyers often advise clients to keep a journal of the events that happened the day of the accident and document how they feel afterward. Try to write in your journal daily and keep track of your physical and mental condition, any pain you experience, how your injuries have affected your life, and keep track of medical appointments.  

If you or someone you love has been hurt in a motorcycle accident, contact our accident lawyers in Delaware County, PA  to learn more about how to protect your rights and interests.

This blog was originally posted on https://pa4law.com/proving-fault-in-a-motorcycle-accident/

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Spouse Emptied Your Bank Account? Know Your Rights

Many married couples use joint bank accounts to pay bills, living expenses, entertainment, and incidentals. Typically, each spouse may make deposits and withdrawals, and joint bank accounts usually work well when a marriage is stable. However, if separation or divorce is on the horizon, things can get messy. One spouse may attempt to withdraw some or all of the funds in an account to ensure they have cash or to spite their partner. Even if you believe you can handle a split with your spouse on your own, finding an affordable divorce attorney can protect your rights.

Are Bank Accounts Considered Marital Property?

Property division laws vary from state to state. In Pennsylvania, both individual and joint bank accounts may be considered marital property. Even if a spouse has his/her own individual account, funds may be considered marital unless if they came from an inheritance or belonged to the person before the marriage. 

What Happens if My Spouse Withdraws Money from Our Bank Accounts?

Unless you and your spouse come to a mutual divorce settlement agreement outside of the courts, a judge will review all marital property and determine how to divide your assets. Although Pennsylvania is an equitable distribution state, this does not necessarily mean everything will be split 50/50. If one spouse withdrew a significant amount of money and was not authorized to do so, they may be penalized by the court. A judge may order them to:

• Return the funds to the bank account

• Give the other spouse property of equal or greater value

• Pay legal fees, fines, and other sanctions

• Reduce the percentage they receive when determining how marital assets are distributed

Family law attorneys sometimes request that the court place an order prohibiting either spouse from removing joint funds. If you and your spouse share a mortgage, car payments, or other joint debts, the court may allow them to be paid from a joint account. If your spouse takes all or a significant amount of money from your bank accounts, top divorce lawyers in Chester County, PA can help protect your rights. However, if you fail to contact an attorney right away, your spouse could easily spend the money and make it very difficult to recoup.

What if One Spouse Needs Money to Move Out?

If you believe it is best to leave the family home, it is important to keep records of any money you take and how it is spent. Withdrawing more than 50% of the money in a joint bank account will be scrutinized by the court. Keep track of rent payments and other living expenses so you have proof to show the court where the funds went. Some other factors that will be taken into consideration are child support payments, alimony payments, and any other financial issues specific to your case. Your Divorce attorney can advise you of the most effective course of action to protect your interests.

Our experienced divorce lawyers fight to protect your rights and help you understand the divorce process. If you are going through a divorce and need to update your estate plan, our top Divorce lawyers and Support attorneys can assist you with those issues as well.

This blog was originally posted on https://pa4law.com/spouse-emptied-your-bank-account-know-your-rights/

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Thinking About Divorce? This Divorce Preparation Checklist Can Help

Ending a marriage isn’t usually a pleasant thing to contemplate, but it’s critical to be properly prepared. Top divorce lawyers in Chester County, PA advise clients to collect certain information and important documents to help make the process more expedient and less stressful. 

Divorce Checklist

Being methodical and organized when gathering information is vital. There are many different issues to consider, and following this checklist can help you make quick work of them. The more information you have in writing, the better.

Marriage Documents

The first items you’ll want to gather are marriage documents such as:

Marriage license – Find your marriage license and put it in a safe place. If you’re unable to locate it, request an official copy from the jurisdiction in which you were married.  

Agreements – Collect any pre-or post-nuptial agreements and estate planning documents such as wills, trusts, powers of attorney, and advance directives. If you can’t find these documents, contact your estate planning attorney to request copies.

Life insurance policies – If you and/or your spouse have any life insurance policies, gather them and put them in your file.  

Financial Documents

Money is often a point of contention, so it’s important to gather as much financial documentation as possible before you file for divorce. Some important items include:

Income-related documents such as both spouses’ paystubs from the past year, W-2s, and several years of individual and joint tax returns. If you or your spouse is self-employed, include bank statements, paid invoices, canceled checks, financial statements, profit and loss statements, and any other relevant documentation regarding income. 

Financial account information should include checking and savings accounts, investment accounts, retirement accounts, bank statements, savings certificates, CDs, security deposit boxes, and any other financial documentation. To ensure marital property is properly divided, all accounts and assets must be disclosed, whether they are held jointly or separately. 

Real estate documents like mortgage statements, proof of mortgage payments, refinancing documents, home equity loan information, deeds, real estate purchase documents, and property tax assessments and payments can be useful when it comes to the division of marital property. 

Documentation of other property you and your spouse own individually and jointly is also critical. Gather vehicle titles, registration, and proof of any outstanding debt on the vehicles. Make a list of other assets such as jewelry, household items, furniture, intellectual property, collectibles, and any other valuable items. Include their valuation if possible. If you received any inheritance individually, make sure to include evidence of that as well.

Proof of individual and marital debt such as credit cards, loans, and medical bills can help to ensure, that division of property and debt is fair. Download a copy of your credit report and put it in your file 

Think About Custody Arrangements

If you have children, it’s important to consider how your divorce will affect them and to come up with a plan that keeps their best interests in mind. Talk to a family custody attorney about creating a proposed custody plan that includes information about regular custody schedules, vacations, holidays, and important issues such as education, religion and health care. Your lawyer can also help you understand how child support works in your state. 

Being prepared for divorce can be daunting, but you don’t have to go it alone. Our affordable divorce attorneys have your back every step of the way. If you need assistance with creating a new will, our top probate lawyers can assist you with an estate plan as well. 

This blog was originally posted on https://pa4law.com/thinking-about-divorce-this-divorce-preparation-checklist-can-help/

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Types of Injuries Sustained in Car Accidents

It can be easy to brush-off injuries sustained in a car accident, especially when it is a seemingly minor crash like a fender bender. However, an accident does not have to be catastrophic for motorists and passengers to suffer serious injury. Understanding how common injuries can affect your health and quality of life may help you make informed choices about how to proceed after a crash. Discussing your case with a car accident attorney won’t cost you anything, and can help you determine whether or not you have a viable claim and protect your rights and interests. 

Common Car Accident Injuries

Whiplash – This is the most common injury that occurs when someone is involved in a car accident. Whiplash is especially common in rear-end collisions, as occupants of a vehicle are usually taken by surprise and do not have time to brace themselves or hold onto anything. When a vehicle hits you from behind, your head suddenly jerks forward then backward. This may strain the muscles, ligaments, and tendons of the neck, upper back and shoulders. This jerking motion can also affect your spine. Symptoms of neck and back injuries like whiplash include headaches, blurred vision, decreased range of motion, and severe and/or chronic pain in the neck, shoulders and back.  

Back and spine injuries – These types of injuries can range from mild sprains and strains to life-changing catastrophic injuries that may leave an injured victim permanently paralyzed. Herniated discs, fractures, and other spinal injuries are often painful and can have a serious short- and long-term impact on your overall health and mobility. 

Head injuries – Severe blows to the head can cause concussion and traumatic brain injury (TBI). Chronic headaches, reduced ability to concentrate, changes in mood, and reduced cognitive function are just a few repercussions that can occur due to a serious brain injury. If you or someone you love is suffering from a head, neck, or spine injury after a crash, seeking the counsel of an experienced accident lawyer who can assess your case and advise you of your options is critical to protecting your health and financial security. 

Lacerations – Broken glass, airbags, and hard or sharp edges inside or outside of a vehicle can cause serious cuts and wounds that may require surgery, a long healing process, and leave permanent scarring.  The after-effects of these injuries can be emotionally challenging as well, especially if a victim has been disfigured. 

Fractures – Broken bones are often the result of high-speed impact crashes. Depending on the severity of the accident, the victim may suffer serious compound fractures, crushed bones, and broken ribs. These injuries can also lead to life-threatening internal bleeding and require immediate medical care. 

Always Seek Medical Attention After an Accident

Even if you believe you are not seriously injured, Pennsylvania personal injury lawyers recommend that you seek medical attention as soon as you can after an accident. Some symptoms may not appear until days or even weeks later. The sooner you get checked-out by a doctor the better – early detection and treatment of injuries may improve your chances of a full recovery. 

Dealing with the physical, emotional, and financial consequences of being injured in an accident is challenging, but you don’t have to go it alone. Contact our accident lawyers in Chester County, PA  to find how they can obtain the justice you deserve.

This blog was originally posted on https://pa4law.com/types-of-injuries-sustained-in-car-accidents/

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Standard of Care in Medicine: What It is and Why it Matters in Medical Malpractice Claims

Patients often have an expectation that their physician is looking out for their best interests and will provide the best care they possibly can. Sometimes, however, health care providers and hospitals make mistakes or fail to provide proper care, which can lead to serious injury, illness, and even death. Top medical malpractice attorneys help clients understand the standard of care in medicine and how it applies in different types of claims. 

What Is The Standard Of Care? 

Standard of care is defined as the level and type of care a sensible health care provider with similar education, experience, and training would provide under comparable circumstances, typically in the same community. Simply put, standards of medical care are common ‘best practices’ and protocols widely accepted by health care professionals in the same field and in the same geographic region.

In some cases, if a practitioner followed a different course of treatment than other professionals in the same purview, there is a rule called the Respectable Minority Rule, which may show that the difficult course of treatment is recognized by a respectable minority of physicians. However, before starting treatment with such a different course of treatment, a patient should be informed that the treatment recommended to them is not widely accepted by the majority of professionals in the same area of medicine. 

Why Is Standard Of Care In Medicine Important In Malpractice Cases?

The standard of care is a significant piece of the puzzle when proving whether a health care provider may be liable for a patient’s injuries. The main elements that must be demonstrated in most medical malpractice cases include:  

• The established standard of medical care that the provider owed to the injured party under the circumstances

• The health care provider is breach of that standard of care

• Injury or harm to the patient

• A causal connection between the health care provider’s negligence and the patient’s injury

The Right Expert Witness Testimony Is Essential

The standard of care in a specific case usually rests on the expert testimony of professionals in the field of medicine in which the physician in question is currently practicing. Determining the standard of care is often challenging. It may take multiple expert witnesses to show whether or not a patient was harmed by the action or inaction of a medical provider. 

First, an expert witness must establish what the standard of care is for a particular medical field. Then, the expert must testify as to how the patient’s course of treatment failed to meet that standard. Finally, the testimony should establish how the patient was harmed by treatment that did not meet the standard of care. 

This is why it is critical to hire the best personal injury lawyer who has a track record of success in winning complex medical malpractice cases.  Attorneys with a wide range of experience in this area of the law often have working relationships with widely-respected medical professionals who lend credibility to medical malpractice claims. After all, just as one would not ask their family doctor to perform brain surgery, too they should not hire a car wreck attorney to handle a medical malpractice case.

Establishing standard of medical care is just one facet of a possible medical malpractice claim. For a complimentary case evaluation, contact our medical malpractice lawyers in Chester County, PA.

This blog was originally posted on https://www.pa4law.com/standard-of-care-in-medicine-what-it-is-and-why-it-matters-in-medical-malpractice-claims/

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How Medication Errors can have Serious Consequences

Medications are amazing tools that can enhance one’s physical and mental health, ease pain, and even save lives. Patients rely on physicians, nurses, hospitals, pharmacies and other health care professionals to dispense medication in a safe manner. Unfortunately, medication errors occur more often than they should, and can result in serious injury or death. The best medical malpractice attorneys understand that the consequences of medication errors can be life-changing. Filing a medical malpractice claim can help injured patients and their families hold the negligent parties accountable. 

Common Types of Medication Errors

From the initial prescription written by a health care professional to the pharmacy that fills it, medication errors can happen at any level. These errors also occur in hospitals, where nurses are typically responsible for administering medications.  

Common medication errors include:

• Prescribing the wrong medication

• Prescribing an incorrect dosage

• Failing to ask about a patient’s medical history and current medications before prescribing a medication

• Prescribing medications with dangerous interactions

• Prescribing medication to a patient who is allergic to it

• Administering medicine to the wrong patient in a hospital

• Administering an incorrect dose of medication

• Forgetting to administer a dose of a critical medication

• Failing to inform a patient of the risks of a medication

• Prescribing a drug for off-label use (to treat a condition for which the drug is not approved by the FDA) 

• Dispensing errors in pharmacies

Repercussions of Medication Errors

Depending on the circumstances, these mistakes can do great harm to patients and their families.  Medication errors can also destroy a medical provider’s and facility’s reputation, lead to medical malpractice claims, and result in criminal charges in some cases. 

A range of complications for patients can result from medication errors, including permanent injury or death. For example, if a nurse forgets to administer blood pressure medication to a patient in the hospital and they have a stroke, they can suffer permanent disabilities such as paralysis, memory loss, speech and language problems, weakness, or death. 

An avoidable error such as prescribing an incorrect dose of an antibiotic can cause someone with an infection to develop a life-threatening condition like sepsis. Most medication errors are avoidable, which makes it even more frustrating if one is injured or coping with the injury or wrongful death of a loved one due to a health care professional’s mistake. 

Recovering Compensation for Medication Errors

If you have been harmed by a medication error, you have the right to seek compensation for your injuries. There are countless scenarios in which medication errors may occur, and the best personal injury lawyers have seen it all. It can be challenging to know whether you have a medical malpractice claim, so it is vital to speak with an attorney. Not only can a lawyer help you recover the compensation you deserve, but by holding health care providers and facilities accountable for their actions youmay save someone else’s life in the future.  

When you trust a doctor or hospital to provide the care you need, being injured or losing a loved one because of a medication error can be devastating. Our medical malpractice lawyers in Chester County, PA can provide a free case evaluation and advise you of your options.

This blog was originally posted on https://www.pa4law.com/how-medication-errors-can-have-serious-consequences/

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How Do Pre-existing Conditions Affect Personal Injury Claims?

Many people suffer from illnesses and injuries throughout their lifetimes, and pre-existing conditions can play a major role in some personal injury cases. Typically, an injured victim cannot recover compensation for underlying conditions that were not caused by an accident, but they are entitled to compensation if those pre-existing conditions were made worse by the accident. The best accident attorneys always advise clients to disclose any pre-existing conditions to ensure they have all the information they need to build a solid personal injury case. 

Why Your Attorney Needs To Know About Pre-Existing Conditions

Informing your attorney of any pre-existing physical injuries or mental health conditions such as anxiety, PTSD, or depression is critical to establishing whether or not an accident caused the conditions to worsen. When you file a personal injury claim, insurance companies will scrutinize your medical history for the purpose of blaming your current injuries on a pre-existing injury or medical issue, regardless of how minor the pre-existing condition may be. A good injury lawyer will establish the degree to which an accident aggravated a pre-existing problem and/or caused new and distinct injuries. This is a critical element when determining the amount of compensation you may be able to pursue in a personal injury claim. 

Failing to Disclose a Pre-Existing Condition Can Jeopardize Your Claim

When discussing your medical history with your lawyer, it is essential not to hold anything back. For example, you may consider a childhood injury like a broken wrist irrelevant. It may not be – leave it up to your attorney to determine how it could affect your claim. 

Detailed medical records documenting your pre-existing health issues are critical to establishing their severity and how they affected your life before, and how the injuries you sustained recently have made these pre-existing issues worse.. Seeking medical care as soon as possible after an accident can actually help prove how recent injuries may have worsened an old injury or condition. 

Forgetting or deliberately failing to disclose a pre-existing condition could hurt your credibility, affect your chances of recovering compensation, and may even result in an insurer taking legal action against you if an omission is discovered later.  

A Pre-Existing Condition Won’t Always Prevent You from Recovering Compensation

Some victims who are already living with an injury may be hesitant to file an accident claim because they think their pre-existing condition will prevent them from recovering any compensation. This is simply untrue – again, leave it up to an experienced attorney to determine whether or not a claim is worth pursuing. Even if your pre-existing condition means you may not recover as much compensation as you would have without it, if someone else was responsible for causing new injuries or worsening old injuries, you deserve to be compensated for your damages. 

Scheduling a case evaluation with a personal injury lawyer can’t hurt – your initial consultation is free. Top car accident lawyers will thoroughly assess your case, review your complete medical history, and advise you of all the options that may be available to you.

Personal injury claims are complex, and pre-existing conditions can make it even more difficult to recover the full and fair compensation you need. Contact a personal injury attorney today to learn more. 

This blog was originally posted on https://www.pa4law.com/how-do-pre-existing-conditions-affect-personal-injury-claims/

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3 Elements of Product Liability Claims

Whether it’s their vehicle or headache medicine, most consumers typically assume that the products they use are safe. Unfortunately, this is not always the case. When someone suffers an injury caused by a product, they may have recourse for recovering compensation for any damages caused. If you or a loved one has been hurt by a product you’ve used, talking with a good injury lawyer is critical to understanding your options. 

Factors Considered in Product Liability Claims

Negligence is a major element in any personal injury claim. However, there are three specific factors that are usually considered in product liability claims, including:

• Manufacturing defects

• Design defects

• Failure to warn

Manufacturing Defects

When a product is improperly manufactured and causes harm, manufacturers may be held liable. Sadly, manufacturers sometimes put cost and speed of production above safety. Incorrect assembly, faulty installation of wiring and circuitry, and use of wrong materials to construct a product are just a few examples of manufacturing defects. Top car accident lawyers have litigated many cases involving manufacturing defects such as brake failure, unintended acceleration, and improperly deployed airbags. 

Design Defects

Design defects typically happen during the development of a product. Design defects can involve a product causing harm when being used correctly, or when harmful materials are utilized to make a product. Examples include designing top-heavy SUVs that increase the risk of rollover when making sharp turns at high speeds, or creating children’s toys that pose a choking hazard. 

Failure to Warn

Products that have the potential to be dangerous must have adequate warnings to help consumers use them properly and avoid being injured. For instance, a tool such as a chainsaw should have instructions for proper use and warnings about any potential hazards. Even if hazards are evident, consumers should be informed that failure to use a product as it is intended could lead to serious harm.  If there is no warning included and someone gets hurt, the manufacturer may be liable. 

Proving Product Liability Claims

For a viable product liability claim, it is not enough to simply demonstrate that a product is defective. Your attorney must prove that you were injured due to the defect while using the product as intended. If you were using it in an inappropriate way when injured, you may not be entitled to compensation. You also must demonstrate that you suffered losses due to your injuries, such as medical bills, wage loss, pain and suffering, and other damages. 

Sufficient Evidence is Key

Product liability claims can be extremely complex, especially when they involve products such as pharmaceuticals or dangerous chemicals. To prove product liability, the best accident lawyers utilize evidence such as:

• The actual defective product

• Product design plans

• Evidence of designer or manufacturer knowledge of the defect, which may include notes, designs, emails, and other internal or external correspondence

• Medical records

• Medical bills 

• Proof of income, such as pay stubs and W-2s

• Photos of  the defects and consequent injuries

• Accident reports

• Witness testimony

• Expert witness testimony

• Labels, instructions, and warnings

• Marketing materials 

Your lawyer also will collect any other relevant evidence and put it all together to demonstrate that you were harmed by a defective product, and that you suffered injuries and loses. 

Contact a personal injury attorney to learn more about product liability claims.

This blog was originally posted on https://www.pa4law.com/3-elements-of-product-liability-claims/

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How Much is Pain and Suffering Worth in a Personal Injury Claim?

The calculation of economic damages such as medical expenses, lost wages, and property damage is fairly straightforward when determining the value of a personal injury claim. However, putting an accurate number on damages like pain and suffering requires the experience and knowledge of seasoned accident injury lawyers. There are several different factors to consider when determining these damages, and understanding how they are calculated can give you a better idea of what your case may be worth. 

What is Pain and Suffering?

Pain and suffering damages are compensation for the physical and emotional stress caused by an injury. Although the legal terminology for pain and suffering varies from state to state, generally it may include:

• Physical pain 

• Emotional distress

• Mental anguish

• Disfigurement 

• Embarrassment

• Loss of enjoyment

• Loss of consortium

Dealing with the aftermath of an accident can have a serious impact on a victim’s quality of life. That’s why it is critical to have a skilled personal injury lawyer who knows the importance of putting an accurate value on pain and suffering damages. 

Important Factors to Consider

There is no set formula for the calculation of damages for pain and suffering, as each case is unique and every injured victim copes with their physical and emotional hardships in their own way. However, accident attorneys take a number of factors into account, including:

• The type and severity of a victim’s injuries

• Whether they have suffered disfigurement or permanent disability

• The impact a victim’s injuries have had on their daily activities 

• Whether they will be able to work or do the things they used to enjoy

• The duration of their recovery 

• Whether it is possible for a victim to fully recover from their injuries

• The physical pain associated with their injuries

• Any stress, fear, depression, and anxiety caused by their injuries

• The impact a victim’s injuries have had on their personal relationships

A good attorney will know what type of evidence is required to show the extent of pain and suffering. Evidence such as personal journals, medical records, and expert witness testimony can all play a role in building a solid claim for pain and suffering damages. 

Methods for Calculating Pain and Suffering Damages

In some cases, pain and suffering damages may be calculated using the multiplier or per diem methods. 

When using the multiplier method, your lawyer will take the total amount of your medical bills and multiply it by 1.5 to 5 times to calculate pain and suffering damages. Usually, the more severe your injuries are and the longer it takes to recover, the higher the multiplier will be. 

With the per diem method, the number of days from the date of your injury to the date your doctor releases you is multiplied by a daily rate (per diem). For example, if your per diem is $300 and it took you 500 days to recover, you would claim $150,000 in pain and suffering damages. 

Your attorney will assess your specific circumstances and consider the facts of your claim and the impact of your injuries to determine a reasonable amount for pain and suffering damages. Before accepting a settlement, it is also a good idea to speak to an estate planning attorney to ensure that any compensation you receive is distributed as you wish in the event of your passing. 

Understanding the multifaceted aspects of pain and suffering damages can be challenging. Contact a Pennsylvania personal injury lawyer to find out more about how they can help protect your rights and interests.   

This blog was originally posted on https://www.pa4law.com/how-much-is-pain-and-suffering-worth-in-a-personal-injury-claim/

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How Do I Know if I Have a Medical Malpractice Claim?

Although most physicians and health care providers do their best to protect the health and safety of their patients, medical errors do happen. Understanding what might constitute medical malpractice and the elements that go into a claim can help you decide whether you may need the assistance of a medical malpractice law firm. 

Elements of Medical Malpractice Claims

There are several basic requirements that must be met for a medical mistake to be considered malpractice.

Evidence of a doctor-patient relationship. You must show that you had a patient-doctor relationship with any physician you are suing. In most cases, it is easy to prove that a relationship existed if a doctor is seeing and treating you directly. Things can get murky when someone tries to sue a consulting physician that did not provide direct treatment. 

The health care provider was negligent. To have a valid claim for medical malpractice, you must show that the physician caused you harm in a way that under the same circumstances, a competent doctor would not have. 

The doctor’s negligence caused the injury. In cases involving patients who are already sick or injured, it can be challenging to prove that a physician’s actions (or inaction) caused harm. That’s why it’s critical to seek the counsel of top-rated personal injury lawyers who are well-versed in handling medical malpractice cases if you believe you or a loved one has been the victim of a medical error. 

The injury led to damages. Regardless of whether a doctor was negligent, if a patient did not suffer any harm then there is no medical malpractice case. Some examples of damages that could be compensable include physical pain, additional medical bills, mental anguish, and loss of earning capacity. 

Signs That You May Have a Medical Malpractice Claim

The prescribed treatment is not helping you. In some cases, treatment does not work because a patient has been misdiagnosed. This can leave you at risk of becoming more ill or developing further injuries. It can also lead to unnecessary treatments or a patient taking medications with risky side effects for no reason. 

Lack of follow-up from your doctor. It can be frustrating when you are given a diagnosis and cannot get your medical provider to address your questions or concerns. If your physician does notfollow up, rushes through without answering questions, or does not give you enough information, your condition could get worse. A competent physician should always take a patient’s concerns seriously and discuss treatment in detail.

You sustained injury due to a surgical or medical error. Every surgery carries some kind of risk. However, if you were hurt or lost a loved one due to an error, medical providers may be held accountable. Some common examples include:

• Infection due to improper sterilization of instruments

• Receiving the incorrect surgery

• Medical instruments being left in the body

• Injuries sustained from your body being carelessly handled during surgery or a hospital stay

• Anesthesia errors

• Improper administration of medication

• Errors or injuries due to understaffing

Lack of informed consent. Your physician should always explain the benefits and risks of any treatment or procedure before performing it. That is why most doctors, dentists, and medical facilities require patients to sign informed consent forms before commencing treatment. 

If you believe you have been wrongfully injured by a medical professional, contact a Pennsylvania medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/how-do-i-know-if-i-have-a-medical-malpractice-claim/

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Common Causes of Slip and Fall Injuries

Slipping on an icy sidewalk or tripping over a loose rug can have life-changing repercussions, including serious injury or death. According to the National Safety Council, 35,000 people died from slip and fall accidents in 2019 alone. Although sometimes falls are inevitable, being aware of common dangers can help you stay safe. If you or a loved one have been hurt in a slip, trip, or fall accident, a personal injury lawyer can evaluate your case and advise you of your options. 

Causes of Slip and Fall Accidents

Wet or uneven surfaces – More than 50% of slip and fall accidents are caused by dangerous walking surfaces. Some hazardous conditions that can cause injuries include:

• Spilled liquids

• Cluttered floors

• Loose rugs or torn carpets

• Missing or loose floorboards and stairs

• Defective, cracked, or pitted outdoor walkways

• Potholes in parking lots

• Recently mopped or waxed floors

Broken or defective handrails – Slip and fall accidents also may occur on staircases. Reaching for a handrail for stability while walking up or down the stairs is a natural thing to do, but if the railing is broken or loose, it can throw you off balance and result in a catastrophic injury. 

Weather conditions – Both indoor and outdoor slip and fall injuries can occur due to weather conditions such as snow, ice, and rain. Property owners have an obligation to ensure that sidewalks, parking lots, and entrances are free of hazards, regardless of how bad the weather may be. If a property or business owner fails to clear ice and snow and someone falls, they may be liable for any injuries.

Nursing home neglect – Falls are common among people age 65 and older, but this does not mean that they are unpreventable. When nursing home staff fail to properly supervise and assist residents, slip and fall accidents are much more likely to happen.

Work-related injuries – Improper training, poor safety standards, and inadequate equipment often lead to serious falls on slick surfaces in the industrial, manufacturing, and hospitality industries. 

Types of Slip and Fall Injuries

Slip, trip, and fall accidents can result in serious injuries that may require costly ongoing medical care and affect an injured victim’s ability to earn a living. Some common injuries sustained in these types of accidents include:

• Broken bones, particularly of the hand and wrist

• Sprained, strained, or torn muscles, ligaments, and tendons

• Neck and shoulder injuries

• Spinal injuries

• Traumatic brain injury (TBI)

• Cuts and abrasions

• Knee injuries

• Shoulder injuries

The best accident attorneys understand that injuries sustained in a slip and fall accident can have a significant impact on a victim’s physical, emotional, and financial stability. It can be challenging to put a number on damages like pain and suffering in these cases, so it is critical to seek the counsel of an experienced attorney. 

If you have been hurt or have lost a loved one in a slip and fall accident, you do not have to go it alone. Contact a Pennsylvania personal injury lawyer to learn about your options. Perna & Abracht have tremendous experience with slip and fall cases and serve the areas of Chester, Delaware, and Lancaster Counties in PA.

This blog was originally posted on https://www.pa4law.com/common-causes-of-slip-and-fall-injuries/

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Can I Sue a Hospital for Medical Malpractice?

Hospitals and their staff have an obligation to provide proper, safe medical care to patients in their charge. However, sometimes errors occur, which can result in life-changing injury or illness. Suing a hospital or healthcare system can be daunting, and there are certain factors that must be considered before filing a claim or lawsuit. Having a medical malpractice law firm evaluate your case can help you understand the nuances of these types of cases and who may be responsible for any injuries caused by negligence.

When Hospitals are Liable for Employee Actions

Nurses, CNA’s, technicians, and other medical workers are typically employees of hospitals. If their incompetence or negligence causes injury, illness, or death, the hospital that employs them most likely will be liable for any damages caused. For example, if a nurse gives a patient the wrong medication and the patient is harmed as a result, the hospital could be liable for the nurse’s mistake and be sued for medical malpractice.

Physicians and Hospital Employees

Many physicians and surgeons who work in hospitals are not direct employees of the facility. Unless a doctor who makes a medical error is an employee, the hospital usually will not be liable if the doctor’s actions cause injury or harm.

Similarly, if a hospital employee is negligent while under a doctor’s supervision, the hospital may not be liable, and the patient may have to file a claim with the doctor’s medical malpractice insurance company instead. Things can get very complex very quickly in these situations. Top-rated personal injury lawyers know how to sort out the facts to determine which parties may be held accountable for a patient’s injuries.

Determining Whether a Doctor is an Employee of the Hospital

Figuring-out the nature of a physician’s relationship with a hospital is a critical piece of the puzzle if you are considering filing a medical malpractice claim. If a doctor is an employee, the hospital typically will have control over their hours and vacation time, and will take payroll taxes out of any compensation the doctor receives. If a doctor is affiliated with a hospital but classified as an independent contractor, the hospital usually cannot be held liable for the doctor’s medical malpractice, even if the malpractice occurred there.

Other Situations in Which a Hospital May Be Liable

It is important to note that in some cases, if a physician appeared to be an employee of a hospital, the hospital may be liable if the patient was not informed that the doctor was not an employee. In addition, some states may hold a hospital financially liable if it continues to give staff or admitting privileges to a doctor who is incompetent or dangerous, whether the facility’s administration was aware of it or not. 

Medical malpractice law is complex. Before filing a claim, make sure to contact an experienced personal injury lawyer.

This blog was originally posted on https://www.pa4law.com/can-i-sue-a-hospital-for-medical-malpractice/

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Why You Should Seek Medical Care after an Accident

Often, victims of accidents want to rest at home without seeking medical care right away. Although it is understandable when someone is shaken-up after a car crash or slip-and-fall accident, the shock they may experience can mask pain and symptoms of serious injuries. After an accident, personal injury lawyers recommend that you go to the emergency room or see a doctor as soon as possible, even if you don’t believe you are seriously hurt. Getting checked-out by a health care provider helps to ensure that you get the treatment you need and can support a personal injury claim should there be a need to file one. 

Types Of Injuries That May Be Sustained in an Accident

Depending on the circumstances, symptoms of serious injury may be masked for days, weeks, or even months. Human stress hormones are released when you experience trauma, and can dull immediate pain. While you may believe that a bump on the head is just irritating, a concussion or traumatic brain injury can have serious physical, emotional, and cognitive short- and long-term repercussions. Through examination and diagnostic testing, these types of injuries can be spotted and treated immediately  which can reduce their impact on your health and may even save your life. 

Neck injuries, spinal damage, and back injuries can also pose a serious risk to your health, mobility, and well-being if they are not treated in a timely manner. Organ damage and internal bleeding may go completely unnoticed by an injured victim which can lead to serious complications or death. Even injuries such as sprained or torn muscles and bone fractures can be overlooked. Again, some symptoms of these injuries may not manifest until days or weeks after an accident, so it is better to be safe than sorry. 

What If I Don’t Seek Medical Care After an Accident?

Failing to seek medical care for your injuries can have grave consequences. A serious injury, chronic pain, or disability can interfere with your ability to earn a living and take care of your family. In addition, your quality of life may suffer, and you may face piles of medical bills that can put you in significant debt. If someone else was responsible for your injuries, they should be held accountable so you can get the care you need while protecting your financial stability. 

Seeking Medical Treatment after a Car Crash Provides Vital Evidence

Even the best car accident lawyers may not be able to recover compensation for an injured victim without evidence such as medical records and testimony of medical professionals. Insurance companies will pounce on this lack of evidence and use it as an excuse to deny your claim or minimize the severity of your injuries.  Whether you are hurt in a slip-and-fall, car crash, or another type of accident, take photos of your injuries, and get checked-out by a doctor. Do not speak to an insurance adjuster or accept a settlement without talking to an attorney first. It typically won’t cost you anything to have a personal injury lawyer evaluate your case and advise you on whether you have a viable claim. 

Contact a personal injury attorney to find out more about accident claims and the importance of seeking medical care for your injuries. If you are concerned about your rights and your family’s financial future, an estate attorney can help you create a plan tailored to meet your needs. 

This blog was originally posted on https://www.pa4law.com/why-you-should-seek-medical-care-after-an-accident/

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Speak with a Personal Injury Lawyer before Accepting a Settlement

After an accident, it can be tempting to accept the first settlement offered by an insurance company. You may be in financial straits and unsure about the next steps to take. It is important to keep in mind that insurance companies are not on your side and will try to offer as little compensation as possible. Before you give a statement, sign anything, or accept a settlement, it is vital to speak to a personal injury lawyer who can assess your case and advise you of your options. 

The Insurance Adjuster Is Not Your Friend

The top priority of an insurance adjuster is to protect the insurance company’s interests. This means they may try to pressure you into accepting a minimal settlement before you even know the extent of your injuries and the long-term impact they may have on your life. They may take advantage of injured victims’ vulnerability and will often try to twist your words to pin fault on you instead of their insured. If an insurance adjuster contacts you for a statement, you do not have to speak to them right away. Politely decline to speak with them and call an accident lawyer. 

If You Accept a Settlement, You Have No Further Recourse

Accepting and signing a settlement agreement releases the insurer from liability, so you will not be able to recover additional compensation down the road. A good car accident attorney will evaluate your claim, estimate what it may be worth, and advise you on how to protect your rights. When they assess the circumstances of your accident and injuries, they may also discover additional sources of compensation that you may not be aware you could pursue. If you proceed with your case, they will handle all negotiations on your behalf. 

What Happens If I Don't Accept a Settlement Offer?

Just because you reject a settlement offer does not mean that your case will go to trial right away. Litigation can be a costly and lengthy process, so insurance companies prefer to reach settlement agreements outside of the courtroom. Attempting to negotiate a settlement on your own will most likely result in minimal compensation or no recovery at all. Personal injury attorneys are familiar with insurance companies’ tactics and are there to fight for your interests and maximize the amount of settlements or court judgments. Although there are cases in which an injured victim may have to take their case to court, they are few and far between.  

Personal Injury Lawyers Work on Contingency

You really have nothing to lose when you contact an attorney after an accident. Personal injury law firms take clients on contingency, which means you will not pay attorney fees until and unless they recover compensation for you. Your initial consultation is free, even if they decide not to move forward with your case. Another benefit of hiring a lawyer is that it takes a big weight off of your shoulders, which allows you and your family to concentrate on your healing and recovery. 

If you or a loved one has been hurt due to someone else’s negligence, you don’t have to go it alone. Contact a personal injury attorney for a free case evaluation. If you have lost a loved one in an accident, an estate attorney can help you sort-out the legal issues that may come next if you recover compensation in a wrongful death claim. 

This blog was originally posted on https://www.pa4law.com/speak-with-a-personal-injury-lawyer-before-accepting-a-settlement/

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How to Prove a Distracted Driver Caused a Car Accident

Distracted driving is a growing problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), driver distraction took 3,142 lives in 2019 alone. If you have been involved in an accident you believe was caused by a distracted driver, there are steps you can take to protect your rights. Learning how a personal injury attorney will investigate these claims can help you understand the process and make informed decisions about the options that may be available for recovering compensation. 

Types of Distracted Driving

Although texting and talking on the phone are two of the most common types of driver distraction, eating, drinking, putting on makeup, talking with passengers, adjusting controls, and dealing with kids or pets in the backseat are also considered distractions that can cause an accident. There are many different types of evidence that can help prove distracted driving. Top accident attorneys know how to put them all together to create cohesive cases that prove a distracted driver was at fault. 

Analyzing the Scene of the Accident

Photographs, traffic and surveillance cameras, and other tools can help investigators piece together how an accident occurred. Skid marks and damage to vehicles, guardrails, and traffic signs can tell a story as well. Personal injury lawyers often employ car crash reconstructionists who examine evidence from the scene to determine whether a driver’s attention was diverted when an accident happened. These car accident experts provide critical testimony that can provide convincing evidence to support a claim. 

Cell Phone Data and Records

Cell phone records are one of the most valuable tools when it comes to proving distracted driving behaviors such as texting or talking on the phone. A lawyer can subpoena a driver’s cell phone data and records to determine whether they were texting, checking email, or using a device for GPS or other purposes while driving. 

Eyewitness Statements

If another driver, passenger, pedestrian, or bystander noticed that a driver was distracted at the time of a collision, their statements or testimony also can help prove your case. If you are involved in an accident, obtaining witness statements and contact information at the scene can add another layer of evidence that your car crash injury lawyer can use to help prove your case. 

Police Reports 

It is critical to call 911 or local law enforcement after a crash. Police scrutinize the scene and collect evidence to try and determine the circumstances of a crash and who may be at fault. They also collect the statements of the other driver, passengers, and witnesses to document what happened. Police reports and law enforcement testimony can provide important information that helps to confirm that a driver was distracted or exhibiting other dangerous behaviors when an accident occurred. 

How an Attorney Can Help

In addition to building a case that proves your distracted driving claim, your car accident attorney can aggressively negotiate on your behalf and help you recover maximum compensation for damages such as pain and suffering, medical expenses, wage loss, emotional distress, and other damages. 

Contact a personal injury attorney to learn more about distracted driving accident claims.

This blog was originally posted on https://www.pa4law.com/how-to-prove-a-distracted-driver-caused-a-car-accident/

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