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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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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What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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What Should I Do If I Am Injured In A Drunk Driving Accident?

 

Although the penalties for drunk driving are stiff, motorists still get behind the wheel while impaired. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 28 people in the United States die in drunk-driving crashes every day. Being injured in an accident caused by a drunk driver can have devastating consequences as well. Top car accident lawyers share some tips that can help protect your rights and hold responsible parties accountable.

Stay Calm and Call 911

After a crash, it is normal to feel shaken, overwhelmed, and even angry. Keeping a cool head and noticing what’s happening around you can help you remember important details that may be relevant to a car accident claim. Call 911 or local law enforcement. If you suspect that the other driver is impaired, make sure to tell officers when they arrive on the scene. If possible, get a copy of the police report at the scene – it provides vital documentation of the accident and what officers may have observed.

Seek Medical Attention

Calling 911 can also help to ensure you get the medical attention you need if you have been injured. Going to the emergency room or seeing your doctor as soon as you can is crucial not only to protect your health and well-being, but also to provide valuable evidence of your injuries. Make sure to save all medical bills and receipts for any accident-related expenses.

Gather Contact Information

Obtain insurance and contact information from any motorists involved in the crash, including their full name, phone number, email, license plate, and driver’s license info. If there are any witnesses, write down their contact information and statements as well.

Take Photos and Video

If you are able, take photos of the scene, damage to vehicles your injuries, and anything else you think may be important. A video can also provide useful visual documentation of the scene. If you are seriously injured or unable to take photos, ask a passenger or bystander to take some pictures.

Document Everything You Remember

Documenting what happened while it is fresh in your mind can help back-up the facts of your claim later. Whether you write it on a piece of paper or use the voice recorder on your smartphone, try to get the details down as soon as possible.

Contact a Car Accident Attorney

Even if you believe your injuries are not that serious, speak with a personal injury attorney after a drunk driving accident. Symptoms of some injuries may not appear right away, and the last thing you want is to be stuck with piles of medical bills down the road. If you have sustained a serious injury that keeps you from working and requires extensive medical treatment, a lawyer can evaluate your case and help you pursue the maximum compensation you need to protect your health and finances. An attorney will know how to gather the right evidence and put it all together to build a solid case. If a restaurant, bar, or individual served alcohol to a visibly-intoxicated person, they may be liable for damages as well.

Do you need assistance with a car accident claim involving a drunk driver? Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/what-should-i-do-if-i-am-injured-in-a-drunk-driving-accident/

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