The Role of Insurance Companies in Car Accident Claims: Navigating Coverage and Settlements

If you own a car, it's highly probable that you're regularly settling your monthly car insurance premium. However, the specifics of your policy may not come into sharp focus or seem particularly significant until the moment when you require coverage following a car accident.

When dealing with car accident claims, having good car accident lawyers by your side is crucial. While most car accident claims revolve around the negotiation of a settlement with an insurance company, many accident victims remain unaware of the true value of their claims. Insurance companies, wielding an unfair advantage, often propose swift settlements that offer as little compensation as possible. However, comprehensively assessing the full extent of your injuries can be a time-consuming process, with some injuries only becoming apparent long after the initial accident.

In the event that you are injured in the accident, your personal injury attorney will have a well-defined plan to guide you through the recovery process. Above all else, it's imperative not to miss any scheduled doctor's appointments. These appointments hold immense importance for your case, as they not only contribute to your overall well-being but also ensure that you receive the appropriate treatments for your injuries. Always adhere to your doctor's recommendations.

Why should you consider car insurance?

In Pennsylvania, it's important to think about car insurance for a few key reasons. First, you need to make sure your coverage meets the state's legal requirements. Second, car insurance helps protect your money in case of accidents or car damage. Your personal situation matters too. Pennsylvania offers options like coverage for when the other driver doesn't have insurance or coverage for medical bills after an accident. If you're paying off a car loan, gap insurance can help. You should also think about what you can afford. Lastly, if you have a special kind of car or use it for work, you might need different insurance. Remember to check with your lawyer once in a while to stay updated with Pennsylvania's rules.

Types of car insurance:

Liability insurance: Often mandated in the majority of U.S. states, liability insurance serves as the fundamental form of car insurance. This essential coverage addresses the damages and losses incurred by the other party in the event of an accident for which you are at fault. It's important to note that liability insurance does not extend coverage to your own damages and losses.

Collision Insurance: This insurance is designed to protect your vehicle from damages resulting from collisions with other vehicles or objects. It's crucial to note that while collision insurance is not a legal requirement, it comes highly recommended, particularly for those who own new or valuable vehicles.

Comprehensive Insurance: Comprehensive insurance extends coverage for damages to your vehicle that do not result from collisions with other vehicles or objects. Moreover, it extends coverage to damages caused by theft, fire, vandalism, and natural disasters. Similar to collision insurance, comprehensive insurance is not mandated by law; however, it is strongly advised, especially for those who own new or high-value vehicles.

Personal Injury Protection: Individuals who operate vehicles in Pennsylvania, as well as in sixteen other states, must adhere to state laws mandating the inclusion of PIP insurance (Personal Injury Protection) within their vehicle insurance coverage. The rationale behind this PIP requirement serves a dual purpose. Firstly, it ensures that all individuals involved in an accident promptly receive essential medical care without delay. Secondly, it institutes a "no-fault" system for auto insurance within the state, whereby each person's insurance company is responsible for covering their own injury-related medical costs. PIP provides coverage for passengers' claims, addresses lost wages, and, in the unfortunate event of a fatality, assists with funeral expenses.

If you find yourself in a situation where you need to initiate a car insurance claim, follow these steps:

1. Promptly Contact Your Car Insurance Company
2. Document Required Paperwork
3. Utilize Mobile Apps to Upload relevant evidence
4. Stay Mindful of Deadlines
5. Establish an Insurance Claim File

Claim process in Pennsylvania

Pennsylvania's legal framework allows individuals harmed by negligence or wrongful acts to seek compensation through State Courts, and the guidance of experienced Pennsylvania personal injury lawyers is invaluable in navigating this complex process. While it may initially seem daunting, understanding the nuances of personal injury claims is essential. These laws establish time limits, define claim types, impose caps on potential awards, and specify eligibility for financial compensation. Whether you're dealing with an injury or a loved one's, the process can be challenging due to the intricacies of courts, insurance companies, and legal terminology. To ensure the right steps are taken, including documenting every detail, gathering essential information, and seeking prompt medical attention, contacting an attorney is crucial. These professionals can help draft a demand letter, expertly navigate the claims process, negotiate settlements, and ensure you receive the compensation you deserve. Delays in contacting an experienced personal injury lawyer or attempting to handle a claim independently may lead to unfavorable outcomes, with insurance companies offering settlements that may not fully address your needs.

How a Personal Injury Lawyer is Helpful

A personal injury lawyer can help you with negotiating with insurance companies. Insurance companies are businesses, and as such, their primary goal is to make a profit. They may try to minimize the amount of compensation they offer to accident victims, which can leave victims feeling frustrated and powerless.

If you have been injured or have lost a loved one in an accident, our PI attorneys can help you understand your rights and recover just compensation for your injuries and losses. For legal guidance during this process, contact our lawyers at Perna & Abracht, LLC for a free consultation today. Our team includes some of the best personal injury lawyers in Chester county, PA.

This blog was originally posted on https://pa4law.com/the-role-of-insurance-companies-in-car-accident-claims-navigating-coverage-and-settlements/

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What Happens When You’re Injured as a Passenger in a Motor Vehicle Accident?

Being hurt in a motor vehicle accident can leave you overwhelmed and wondering how you will pay for your medical bills and other expenses. If you’re injured as a passenger, It can be challenging to figure out who may be responsible for damages. A car accident lawyer can evaluate your case, determine who may be at fault, and identify all possible sources of compensation. Who may be liable will depend on the specific situation.

Options for Filing a Car Accident Claim as an Injured Passenger

File a Claim with the Other Driver’s Insurance Company

If another motorist caused an accident, and you were injured, you can file a claim against his/her insurer. However, if multiple people were injured, and the at-fault driver has low insurance policy limits, the amount of compensation you receive may not be enough to cover all types of damages. When multiple vehicles are involved in an accident, things can get even more complicated. Hiring an accident attorney can help take the weight off of your shoulders and significantly increase your chances of recovering the full amount of compensation you need and deserve.

File a Claim With Your Driver’s Insurer

You may also be able to have your medical bills and some other accident-related expenses covered by the insurer of the person who was driving the car you were in, regardless of who was at fault. In Pennsylvania, drivers are required to have Personal Injury Protection (PIP) coverage included in their vehicle insurance policy. Again, depending on the driver’s insurance policy limits, PIP may or may not be enough to cover all of your medical bills and wage loss.

If the driver of the car you were riding in as a passenger is at fault, you may be able to recover both economic and non-economic damages such as pain and suffering from the liability coverage on the driver’s policy. People are often hesitant to file a claim with a friend’s or family member’s insurance company. However, you are not trying to get money from them personally, but rather are seeking compensation from their insurer. Once you file a claim, it will be between you and the insurer, and your loved one will likely not be involved. If you hire a personal injury lawyer, they will handle all communications and negotiations with insurers.

File a Claim with Your Own Auto Insurance Company

If you have your own car insurance policy with PIP, MedPay, or uninsured /underinsured motorist coverage, you can use it to pay your medical bills and damages even though you weren’t driving. You may also be able to use your health insurance to cover medical costs. However, some insurers may require you to exhaust auto insurance claims first.

Dealing with multiple insurers can be frustrating and time-consuming. Our Pennsylvania personal injury lawyers provide free case evaluations and give you a straightforward assessment of your claim.  If your claim proceeds, we handle all aspects of your case, act as your strong advocates, and fight to help you recover the full and fair amount of compensation you need to protect your health and financial security.

This blog was originally posted on https://pa4law.com/what-happens-when-youre-injured-as-a-passenger-in-a-motor-vehicle-accident/

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Surgical Errors and Medical Malpractice: When the Wrong Organ is Removed

During surgery, patients are at their most vulnerable and rely on physicians and other medical professionals to look-out for their health and well-being. Unfortunately, medical mistakes like removing the wrong organ can have lifelong consequences. Recently, a California woman was a victim of this type of error and had to hire medical malpractice lawyers to help her hold the responsible parties accountable.

Sarajane Parfitt’s Story

In 2021, 55-year-old Sarajane Parfitt underwent surgery to have her diseased left kidney removed at the Community Regional Medical Center in Fresno, California. The surgery was botched, and her spleen was mistakenly removed instead. She will now have to undergo another surgery to remove her kidney. Although it’s possible to live without a spleen, Sarajane is now more at risk for infection and will require special treatment to boost her immune system for the rest of her life.

Even more shocking, her spleen was labeled as a kidney when submitted to a pathology lab for testing, and the error went unnoticed for several days. When the pathologist reported that her spleen had been removed, the hospital performed a CT scan and found that her left diseased kidney will still there, and her spleen was gone.

Sarajane Filed a Medical Malpractice Lawsuit

Sarajane found a medical malpractice law firm, and her attorney, Paul Pimentel, filed a lawsuit on her behalf against Dr. Narayana Ambati, Community Regional Medical Center and Urology Associates, and Dr. Shahin Chandrasoma.

Her medical malpractice claim asserts that having the wrong organ removed has caused her to suffer severe emotional distress and other damages. Dr. Ambati’s malpractice defense lawyer asserts that he did not do the nephrectomy (kidney removal) – it was performed by a visiting surgeon, Dr. Chandrasoma. Sorting-out which parties are liable in this situation is just one factor that could make this medical malpractice lawsuit especially complex.

The Case Will Likely Be Resolved Outside the Courtroom

The vast majority of medical malpractice cases are settled out of court.  Physicians, health systems, and other medical providers don’t want to deal with the hassle or expense of going to court, not to mention the public scrutiny that can accompany a trial.

Pennsylvania personal injury lawyers fight to help clients resolve medical malpractice cases as efficiently and effectively as they can, but sometimes litigation is necessary to recover damages and hold negligent parties accountable. This case is still pending, so there’s no word on whether Sarajane has reached a settlement agreement with the defendants, but hopefully, she’s saved the trauma and headache of a lengthy trial.

If you or a loved one has been injured due to a healthcare provider’s error or negligence, our personal injury lawyers can help. Our team features one of the best medical malpractice attorneys in Pennsylvania. We’re dedicated to fighting for your rights and helping you recover the maximum compensation you need to move on with your life.

This blog was originally posted on https://pa4law.com/surgical-errors-and-medical-malpractice-when-the-wrong-organ-is-removed/

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Who is Responsible When You Are Hurt in a Truck Accident?

Determining who may be responsible for damages when you have been injured in a truck accident is challenging. If you or a loved one has been hurt in a crash, finding a personal injury lawyer who is well-versed in handling these types of claims is critical to ensuring all liable parties are held accountable.

Truck Accident Cases Are Complex

Truck accident cases are very different from auto injury claims. Because of their large size and weight, semis and other commercial vehicles are more prone to causing life-altering injuries and fatalities when involved in an accident. Crashes involving passenger vehicles can be deadly as well, but the claims process for recovering damages typically involves only two insurers. In truck accident cases, multiple parties may be liable, which means you need experienced accident injury lawyers who know how to track down all possible sources of compensation and prove liability.

Multiple Parties May Be Liable For Damages

Identifying the persons or entities responsible for damages after a truck accident comes down to the circumstances surrounding the crash, and whether a driver is a company employee, independent contractor, or owner-operator of a truck. This can get tricky, as a trucking company may try to deny a driver’s status as an employee or contractor in order to avoid liability. Not only that, the negligence of multiple parties may play a part in why an accident occurred. Depending on the circumstances, liability may lie with multiple parties, including the:

● Truck driver

● Trucking company

● Cargo loader

● Parts and/or vehicle manufacturer

● Maintenance company or repair shop

● Other motorists

Truck accident cases are very complicated when more than one party is potentially liable for damages. Filing claims with multiple insurers is stressful and overwhelming, and it is the last thing you want to deal with when you have been hurt and are trying to heal.

Why You Need a Truck Accident Lawyer to Determine Liability

There are countless scenarios in which a truck accident can occur. For example, if a crash was caused by faulty brakes but the trucking company failed to do required checks and maintenance so the problem was not detected, both the brake parts manufacturer and trucking company could be liable for damages.

An insurer may claim that you or another party is fully or partially at fault a crash. If you do share liability for the accident, this makes sorting out who is responsible for damages even more challenging. A truck accident attorney can take the weight off your shoulders by thoroughly investigating the circumstances surrounding the crash, handling communications and negotiations with insurers, and fighting to help you recover the full amount of compensation you need and deserve.

It is also important to hire knowledgeable Pennsylvania personal injury lawyers who are familiar with the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA), which regulates the motor carrier industry in the United States.

A Truck Injury Attorney Provides Compassionate Legal Support

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a truck accident. Many trucking companies have powerful insurance companies on their side and will do everything they can to minimize or deny your claim. Your lawyer will ensure that the severity and scope of your injuries and losses are accurately calculated, and provide the aggressive legal representation you need to protect your health and financial security.

Our personal injury lawyers in Chester County, PA are dedicated to helping make things right for injured victims and their families.

This blog was originally posted on https://pa4law.com/who-is-responsible-when-you-are-hurt-in-a-truck-accident/

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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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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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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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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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