Who is Liable in a Rideshare Accident?

 

Apps like Uber and Lyft provide a convenient way to get around town, but what happens if you are involved in an accident with a rideshare vehicle? Whether you are injured as a passenger, motorist, pedestrian, or bicyclist, it is important to know who may be liable for damages. You may be required to file claims with multiple insurance companies, so having a good car accident attorney in your corner is vital.

Determining Liability in Rideshare Accident Cases

Like any other motor vehicle accident, crashes involving rideshare drivers must be investigated to determine who was at fault. Although Uber and Lyft both carry $1 million liability insurance policies, you may have to file a claim with the rideshare driver’s personal auto insurance company, another motorist’s insurer, or even your own car insurance.  

An accident lawyer can conduct a thorough investigation, determine who may be at fault for your injuries, and help you recover compensation for damages such as medical expenses, lost wages, pain and suffering, and other damages. Filing multiple insurance claims can be a stressful, complicated  process. When more than one insurance company is involved, they may even join forces to minimize or deny your claim. Your lawyer can handle all negotiations with insurers and help to ensure all responsible parties are held accountable.

If You Are Injured in a Rideshare Accident

Although rideshare companies carry liability insurance, there are certain factors that can influence whether you can recover compensation from them after a crash. For example, the driver must be logged into the app and “on the clock” when the accident occurred. If they are not, you may have to seek recovery from the driver’s personal auto insurance.  

If another motorist is partially or solely at fault, their insurance should cover the cost of your damages. Depending on the circumstances, where you live, and the specifics of your policy, you may have to file a Medical Payments, Personal Injury Protection, and/or Uninsured/Underinsured Motorist claim with your own auto insurance company. Each case is unique. Finding a personal injury lawyer who has experience handling rideshare accident cases can help to ensure your rights and interests are fully protected.

Steps to Take If You are Involved in a Rideshare Accident

After any crash, taking certain steps can help preserve valuable evidence and ensure you receive the medical care you need. Regardless of how the crash occurred, taking the following steps can help protect your rights and your well-being.

•    Call 911 and wait for first responders to arrive
•    Seek medical attention
•    Get the name, contact information, and insurance information from the rideshare driver and any other motorists who were involved in the accident
•    Report the crash to the rideshare company as soon as possible. The most convenient way to do this is by using their app or website
•    Take pictures of the scene, damage to vehicles, and your injuries
•    If possible, obtain a police report at the scene
•    Keep all accident-related medical records, bills, and receipts in a safe place
•    Make sure to save any texts, emails, or other correspondence from the rideshare company, driver, and their insurers
•    Before speaking with insurance adjusters, signing anything, or accepting a settlement, contact a car accident attorney.

There is no need to rush to determine who is at fault or to accept the first settlement offer that comes along. Contact a rideshare accident attorney who can evaluate your case and advise you of your options.

This blog was originally posted on https://www.pa4law.com/who-is-liable-in-a-rideshare-accident/

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Understanding Premises Liability: A Personal Injury Lawyer Explains

 

Slip and fall accidents, dog bites, and even inadequate security on a premises can lead to victims suffering serious injury due to no fault of their own. The concept of premises liability usually comes into play in these types of cases. A personal injury lawyer can help you understand how premises liability may apply in your case and determine whether you have cause to bring a claim.

What is Premises Liability?

Business and property owners have a duty to keep their premises in a safe condition. Like most personal injury claims, premises liability claims are based on negligence, which means that a property owner failed to practice reasonable care to prevent or address dangerous conditions. When a property owner fails to properly maintain or repair dangerous conditions or provide a warning of them, they may be liable if someone is injured. However, merely  because you are injured on someone else’s property does not mean they are responsible for damages.

Proving Fault in a Premises Liability Claim

To prove a premises liability claim, you must show that the business or property owner was aware of the unsafe condition but failed to resolve the situation. A good accident injury lawyer will know how to prove all the elements required to bring a successful premises liability claim, including:

•    That the property owner owed you a duty of care
•    That the owner or business breached that duty by neglecting to act with reasonable care to prevent or warn of hazardous conditions
•    That their negligence led to injury or harm
•    That you suffered damages or losses due to your injuries

If you are considering pursuing a premises liability case, it is important to choose an experienced PI attorney who knows how to bring all of these elements together to prove negligence and build a solid claim for damages.

Types of Premises Liability Cases

Premises liability claims can arise from many different circumstances. Some of the most common types involve:

•    Slip, trip, and fall accidents, which are often caused by uncleared ice or snow, spills, leaks, loose rugs or carpet, and damaged concrete and stairs.
•    Falling objects in retail stores, warehouses, and on construction sites
•    Dog bites
•    Swimming pool injuries and drowning
•    Elevator or escalator failure
•    Fires and explosions
•    Toxic substance exposure
•    Lack of security
•    Inadequate maintenance and defective conditions on the property
•    Failure to warn of known hazards

How a Premises Liability Attorney Can Help

Depending on the circumstances, bringing a premises liability claim on your own can result in a minimal settlement or no compensation at all. Insurance companies often try to downplay the severity of a victim’s injuries or place blame on them for what happened. A knowledgeable premises liability lawyer can evaluate your case and give you an honest assessment of the options that may be available to recover compensation for damages such as medical expenses, lost wages, and pain and suffering.

Most personal injury lawyers offer a free initial consultation, so you really have nothing to lose if you contact an attorney about your case. If you do have a viable claim, your lawyer can fight to help you recover the maximum compensation you need and deserve.

This blog was originally posted on https://www.pa4law.com/understanding-premises-liability-a-personal-injury-lawyer-explains/

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Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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How Common Are Cancer Misdiagnoses in Medical Malpractice Claims?

 

When it comes to the diagnosis and treatment of cancer, time is of the essence. Misdiagnosis or delayed diagnosis of certain types of cancer can be fatal. There are many different factors that can have an impact on a cancer diagnosis. Learning about commonly misdiagnosed types of cancer from a top medical malpractice lawyer can help you understand what is involved if you or a loved one is considering filing a claim.

Causes of Cancer Misdiagnosis

Early detection is crucial when treating almost any type of cancer—typically, the sooner you start getting treatment, the better your prognosis will be. Although the subject has not been studied extensively, according to an article published in the Journal of the American Medical Association (JAMA), cases of missed, delayed, or incorrect diagnosis are common, and may occur anywhere from 10% to 28% of the time.

Some factors that may be involved in misdiagnosis or delayed diagnosis of cancer include:

•  Ignoring a patient’s complaints or symptoms
•  Neglecting to order proper diagnostic tests or biopsies
•  Pathology testing errors
•  Failing to identify lumps or other irregularities, such as those detected in breast exams
•  Incorrect reading of diagnostic testing results
•  Failure to recognize common signs of cancer
•  Not following-up with the patient or test results
•  Wrongly identifying a cancerous tumor as benign
•  Failing to refer a patient to a specialist

In some cases, a patient may be wrongly diagnosed with cancer and may undergo unnecessary, costly, invasive treatment. If this has happened to you or a loved one, a good injury attorney who handles medical malpractice can assess your case and help you determine the options that may be available for recovering compensation for a misdiagnosis and unnecessary treatment.

Types of Cancer That Are Commonly Misdiagnosed

Lymphoma—This type of cancer often goes undetected because many of the symptoms are associated with less serious conditions. For example, enlarged lymph nodes, fever, fatigue, weight loss and night sweats are often seen in patients with the flu or common cold.

Breast cancer—According to the Susan G. Komen Foundation, approximately 16% of breast cancer cases are not detected by mammograms. This delay in detection and diagnosis can result in a patient having to undergo more invasive treatment such as surgery. Conversely, misdiagnosis of benign tumors or cells that will not result in cancer can lead to patients receiving drastic treatment for no reason.

Colorectal cancer—Colon cancer often begins as a noncancerous tumor called a polyp. If doctors fail to recommend or perform a colonoscopy on high-risk patients or those 50 and older, these polyps may develop into cancer.

Lung cancer—The second-most common cancer in the United States, lung cancer can be difficult to detect in the early stages. It may be misdiagnosed as asthma, bronchitis, pneumonia, COPD, or even tuberculosis. Although lung cancer is highly treatable at the early stages, the survival rate is less than 10% if it progresses to stage four.

Skin cancer—Another commonly misdiagnosed cancer is melanoma, which can be fatal. Doctors may fail to recognize irregular skin markings and growths, which can enable melanoma to progress fairly rapidly. In addition, when biopsies are taken, pathologists in the lab may not accurately identify some types of skin cancers.

It is always a good idea to get a second opinion if you are diagnosed with cancer or believe you may have cancer. If you or a loved one has been misdiagnosed or has suffered due to delayed diagnosis, contact a medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/how-common-are-cancer-misdiagnoses-in-medical-malpractice-claims/

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