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/

Read More

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/

Read More

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/

Read More

Personal Injury Terminology That You Should Know

 

 

When you or a loved one suffers an injury due to someone else’s negligence, understanding the personal injury claims process is vital. Although the best accident attorneys will guide you through your claim from start to finish, knowing basic legal terminology can be helpful.

Plaintiff – The plaintiff is the party who brings a civil lawsuit against an individual or entity in a personal injury claim. The injured victim is typically the plaintiff in a personal injury case.

Defendant – The defendant is the at-fault party or entity that the plaintiff is suing. In some personal injury cases, there may be more than one defendant.

Tort –Personal injury and wrongful death claims are based on tort law. A tort is a negligent or wrongful act that causes harm to another person. An intentional tort typically involves a deliberate act that causes injury, such as assault.

Duty of care – In certain situations, a person or entity has an obligation to protect themselves and others from harm. For example, a supermarket has a duty of care to keep the entrance free of ice, snow, debris, and other hazards that could cause someone to trip, slip or fall. In medical malpractice cases, the duty of care is often known as the standard of care, which means a medical professional’s conduct is compared to the accepted standard for their specialty or industry.

Negligence – Negligence is a vital element of most personal injury claims, negligence and occurs when a party or entity fails to take proper care. To successfully recover compensation in a personal injury lawsuit, you must prove negligence, which can be challenging. Experienced accident injury lawyers know how to prove all four elements of negligence:

- That the defendant owed a duty of care to the plaintiff;

- That the defendant failed to meet that duty;

- That the defendant’s failure caused harm to the plaintiff; and

- That the plaintiff suffered injury, damages, or losses as a result.

Damages – There are two basic types of damages in personal injury cases. Damages are meant to “make the plaintiff whole,” or return them to the state they were in before an accident or injury. Economic damages are quantifiable and include medical bills, wage loss, property damage, and other accident-related expenses. It is more difficult to put a dollar amount on non-economic damages like pain and suffering, loss of enjoyment of life and emotional distress.

In rare cases, a court may award punitive damages, which are not meant to make a plaintiff whole, but to punish the defendant for particularly outrageous or egregious conduct and deter them and others from committing similar acts.

Statute of limitations – Each state places a time limit on how long a plaintiff has to file a personal injury claim or lawsuit. Although they vary from state to state, typically statutes of limitations for personal injury claims range from two to four years from the date of the injury.

This is by no means a comprehensive list of terms that are useful to know when filing a personal injury claim. To learn more about personal injury terminology, contact an injury lawyer.

This blog was originally posted on https://www.pa4law.com/personal-injury-terminology-that-you-should-know/

Read More

Seeking Wrongful Death Damages after an Accident

 

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

What Is Wrongful Death?

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

Who Can File A Wrongful Death Claim In Pennsylvania?

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

Common Types of Damages in Wrongful Death Cases

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

Damages in wrongful death claims often include:

• Medical expenses

• Funeral and burial costs

• Estate administration expenses

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

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

• Loss of love, affection, and consortium

• Loss of moral guidance and support

• Pain and suffering

• Punitive damages

• Other applicable damages

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

Determining Whether You Have a Wrongful Death Claim

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

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

Read More

Dog Bites and Personal Injury Law In Pennsylvania

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

Pennsylvania Dog Bite Law

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

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

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

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

• The defendant failed to conform to the required standard

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

• The plaintiff suffered damages or losses

Recovering Compensation in a Pennsylvania Dog Bite Case

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

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

An Attorney Will Accurately Value Your Dog Bite Claim

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

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

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

Read More

Getting Compensation for Premises Liability in Slip & Fall Accidents

Sometimes in movies and TV shows, actors are shown to fake a slip and fall accident in order to collect monetary damages from a business owner. In truth, it is difficult to fake an accident like this because both sides will investigate the claim, and true negligence is more challenging to prove than you might think.

If you have been legitimately injured on another person’s property, your personal injury attorney will still have to establish that the owner of the property is liable for an unsafe situation that caused your injuries. If your attorney has evidence to prove this, he or she may be able to reach a settlement with the property owner’s insurance company. If a settlement is not reached, your case may go to trial and a judge or jury will make the final determination.

What if the owner of the business was nowhere near the premises when you were injured, but an employee or agent of the property owner was present? Then this person’s actions (or lack of preventive action) could make the owner liable for your injuries.

The best accident attorneys will investigate these questions:

1.    Who are all the parties who may be liable for your injuries?

2.    Did actions by these parties cause your injuries?

3.    Did actions the parties failed to take cause your injuries?

Your attorney will need to be prepared to counter a defense that asserts your actions or carelessness caused the injuries.

Understanding liability and negligence

Suppose you were injured when you stumbled due to an uneven walking surface when attempting to enter a business. The property owner could be held liable for the injuries if a reasonable person would have realized this was an unsafe condition, and the property owner had enough time to fix the unsafe condition

If both of these conditions are met, the property owner could be considered to be negligent, and thus liable for monetary damages to the injured person. It seems simple, but it is not always so straightforward. Suppose also that the uneven surface was not easy to recognize, or perhaps the condition causing the uneven surface happened just last night. These questions will arise when determining liability.

Another issue that will be raised is whether you caused the injury through your own behavior. If the property owner or employee posted a warning sign saying the surface was uneven, and you ignored the sign and walked on the surface anyway, you may be accused of causing your own injuries.

According to the American Bar Association, states have varying rules that say how long you can wait to file your personal injury claim. For instance, Pennsylvania has a two-year “statute of limitations.”

If you have been injured in a slip and fall accident, you should:

•    Take photos of the area where you were injured, showing the hazards that caused your injuries

•    Do not describe your injuries to an insurance representative or the property owner until after you have been examined by a doctor

As quickly as you can after the accident, contact experienced PI attorneys like those at Perna & Abracht LLC, who will advise you about the next steps to take in obtaining compensation for your injuries.

This blog was originally posted on https://www.pa4law.com/getting-compensation-for-premises-liability-in-slip-fall-accidents/

Read More

5 Steps You Should Take if You Are Injured in a Motorcycle Accident

Emotions run high after any motor vehicle accident, and these emotions are not your friend. If you are injured in a motorcycle accident, it is important to remain as calm as possible and act logically to call for help, document what happened, and gather information from the other parties involved in the accident. Be sure to stay focused on these tasks and do not make any comments or have conversations that could be interpreted as admissions of fault. Following are five steps to take to assist your personal injury attorney in achieving a successful outcome for your claim of personal injury.

1.    Check for injuries. It may be apparent that you are injured, or perhaps not, as you may be stunned and overcome with emotion. Carefully check yourself for the type and severity of injuries, and then check to see if others have been injured in the accident.

2.    Documentation. Everyone carries a mobile phone these days, and if yours is handy (and you are able), it is a good idea to take photos immediately (before any vehicles are moved).  The best car accident lawyers would suggest taking photos of the vehicles involved and the surroundings. Remember that the aftermath of an accident can be dangerous, so do not risk further injury to yourself or to others in an attempt to take the photos.

3.    Make the scene as safe as you can until help arrives. This would include moving your motorcycle off the road when it is safe for you to do this. Drivers of oncoming vehicles do not know there has been an accident, and having vehicles and debris on the roadway could cause more accidents and injuries. According to the American Bar Association, this could be considered negligence and you could be held responsible.

4.    Call 911 right away. Making the 911 call is not considered to be an admission of fault or guilt. If you have called 911, a police officer will arrive and collect information for a police report. This is likely to be an important document in your personal injury claim. Speak with the police officer, get his or her name and badge number, and find out where the police report can be obtained. Report the injuries you have observed or that have been reported to you. Also gather information about the other driver(s), passengers and witnesses, ideally including:

•    Names, phone numbers and email addresses

•    Make and model of involved vehicles, their license plate numbers and vehicle identification (VIN) numbers

•    Names and contact information for insurance companies

5.    Inform your insurance agent. This should happen as soon as possible after the accident. Be prepared to share the documentation and information that you gathered. The best accident attorneys will advise you to avoid describing your injuries or the damages to your motorcycle at this time. Tell the insurance agent you will report your injuries after being examined by a doctor, and damages to your motorcycle after a mechanic has looked at it. The extent of injuries and damages often are not immediately apparent.

What are the reasons you may need an attorney after you have been injured in a motorcycle accident? Maybe your injuries are severe and/or will have long-lasting effects on your health and your ability to work. Perhaps you were not at fault and the other involved parties claim it was your fault. Your insurance company might deny your claim. All of these are reasons to contact the experienced personal injury attorneys at Perna & Abracht, LLC who will assist you in achieving the best possible outcome.

This blog was originally posted on https://www.pa4law.com/5-steps-you-should-take-if-you-are-injured-in-a-motorcycle-accident/

Read More

When Do You Need to Hire a Motor Vehicle Accident Lawyer?

Motor vehicle accidents are a common occurrence. If the accident you are involved in is minor (a so-called “fender bender”) and no person is injured, you can likely handle filing the insurance claims yourself. However, a more serious accident can have far-reaching effects on your health, career and entire household.

If you or another person is injured, there is potential for these consequences. You should hire a car accident lawyer as soon after the accident as possible. In every state, there are differing deadlines for filing a personal injury claim. Also, good legal advice will help you to avoid making mistakes that could be costly to you and your loved ones.

Motor vehicle accidents are the most common reason for a claim of personal injury in the U.S. That does not make filing these claims easy or simple. When personal injuries have occurred, you need a top rated personal injury lawyer to help you with the huge amounts of documentation and interaction with insurance companies. An experienced attorney will also ensure that you are fairly compensated for medical bills and other losses that occur now, and which may continue to affect you for many years or the rest of your life.

If the worst has happened, and a loved one has been killed in a motor vehicle accident, an experienced attorney is your family’s most important ally, particularly if the driver was impaired due to alcohol or drug use or was driving recklessly.

How to choose a motor vehicle accident attorney

The best accident attorneys are well-versed in handling the array of issues caused by personal injury, wrongful death, destruction of property, and liability determinations.

The outcome of your case will depend on your attorney’s knowledge of state and national transportation laws, experience in dealing with insurers and medical care companies, and proven ability to prepare and settle a personal injury claim. Here are six questions to ask a car accident lawyer:

1.    How much of your law practice is focused on motor vehicle cases?

2.    Please describe your experience in handling cases with this type of injury.

3.    In your experience, what is a typical settlement for a case like mine?

4.    Will you handle my car accident case yourself?

5.    What is your fee structure for this type of case?

6.    Do I have to pay for expenses you incur on my behalf?

Always check your lawyer’s background and references to make sure he or she has the track record and experience to handle a case like yours.

Legal fees

An attorney experienced in car accident cases will only accept your case if he or she believes that monetary damages are likely to be recovered. The usual fee arrangement is a contingency basis, which means the attorney only gets paid if he or she wins monetary damages on your behalf.

According to American Bar Association, the typical fees of an accident lawyer will be about 30 to 40 percent of your total compensation. Be aware that costs incurred on your behalf are not the same as attorney’s fees. You may be required to pay for some expenses out of your own pocket (clarify this with your attorney).

If you or another person has been injured in a motor vehicle accident, don’t delay in contacting Perna & Abracht, LLC to connect with an experienced car accident attorney.

This blog was originally posted on https://www.pa4law.com/when-do-you-need-to-hire-a-motor-vehicle-accident-lawyer/

Read More