The Role of a Personal Injury Attorney – How They Can Help You Navigate the Claims Process

 

When you are hurt and trying to heal, dealing with a personal injury claim may be the last thing on your mind. The claims process can be time-consuming and frustrating, leaving you wondering how you will pay for your medical bills and missed time from work. The best personal injury lawyers help clients navigate the claims process from start to finish, which can ease your stress and allow you to focus on your recovery.

Assessing Your Case

In your initial consultation, a Pennsylvania personal injury lawyer will ask you some questions, address your concerns, and discuss your case with you. They will ask how the accident or incident occurred, who was involved, and who you believe may be liable. An attorney also will inquire about your injuries, how they have affected your life, and what type of medical treatment you have received. After evaluating your case, they will give you their opinion on whether you have a viable claim, and on the most effective way to proceed.

Investigating Your Claim

If you decide to proceed with your claim, your attorney’s team will thoroughly investigate the circumstances surrounding your case. For example, if you were hurt in a car accident, your personal injury lawyer may visit the scene of the crash to take pictures, obtain police reports, get the insurance information of other involved parties, contact witnesses, and identify who may be at fault and liable for damages.

They also will request all medical records associated with treatment for your accident-related injuries. You will want to gather all bills, invoices, receipts, pay stubs, or other proof of income so your accident lawyer can determine what your claim is worth. Depending on the circumstances, your personal injury attorney may also employ the services of accident reconstructionists and other experts as your case develops.

Sending a Demand Letter or Notice of Claim

Once the evidence is collected and your attorney puts it all together to create a legal claim, your attorney will send a formal demand letter to the liable party’s insurer. This puts them on notice of your intention to file a claim. The letter will outline the evidence, explain why you are entitled to compensation, and include the dollar amount you are requesting for your injuries and other damages like lost wages and pain and suffering.

Negotiating a Settlement

The vast majority of personal injury claims are settled out of court. A car accident attorney or personal injury lawyer will handle all communications and negotiations with insurers so you can focus on getting better. Without legal representation, many injured victims accept minimal settlements that do not even begin to cover their medical bills, let alone other damages. Even if you do not think you have been seriously injured, it is always a good idea to speak to a lawyer after an accident.

Personal injury lawyers are familiar with the tactics insurance companies often employ to offer minimal amounts or deny claims. When you have an experienced attorney advocating for you, you can rest assured that they are working towards the best possible outcome for your case. If a reasonable settlement cannot be reached, your lawyer may recommend taking your case to trial.

If you or a loved one has been hurt in an accident caused by negligence, our personal injury lawyers in Chester County, PA can help.

This blog was originally posted on https://pa4law.com/the-role-of-a-personal-injury-attorney-how-they-can-help-you-navigate-the-claims-process/

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How Medication Errors can have Serious Consequences

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

Common Types of Medication Errors

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

Common medication errors include:

• Prescribing the wrong medication

• Prescribing an incorrect dosage

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

• Prescribing medications with dangerous interactions

• Prescribing medication to a patient who is allergic to it

• Administering medicine to the wrong patient in a hospital

• Administering an incorrect dose of medication

• Forgetting to administer a dose of a critical medication

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

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

• Dispensing errors in pharmacies

Repercussions of Medication Errors

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

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

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

Recovering Compensation for Medication Errors

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

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

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

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Documents Needed for Filing a Personal Injury Lawsuit

 

 

Proper documentation and evidence are critical in any personal injury claim. Being prepared before filing your claim can help make the process less stressful, but it can be confusing to know what is required to prove your claim. These are some examples of documents you may need to help your accident injury lawyer get started on your case.

Reports from Police and other First Responders

When you’re involved in an accident, it’s always a good idea to call 911 or your local law enforcement agency. Police reports, fire department reports and EMT reports are valuable pieces of evidence that can back up the facts of your personal injury claim. In addition to first responders’ observations, these reports sometimes contain witness statements that may be vital to proving your case.

Incident Reports

If you were injured at a business, construction site or another property, a manager or supervisor may create an incident report. If possible, you should obtain a copy of any type of accident-related report before you leave the scene.

Witness Statements

Written or recorded witness statements serve multiple purposes. Documentation of witnesses’ observations, while they are fresh, can provide compelling evidence of how an accident or injury occurred. Witness statements may offer important details that help accident reconstructionists determine what happened. Gathering witness statements and contact information right away may also prevent them from forgetting or changing their story later on.

Bills and Receipts

Even the best personal injury lawyers need quantifiable proof of your losses and damages to put an accurate value on your claim. Make sure to keep all of your bills and receipts for medical costs and any other accident-related expenses. Medical reports, records, or explanations of benefits should also be saved. You may also be able to recover compensation for travel expenses to and from medical appointments, so make sure to give these to your attorney as well.

Proof of Lost Wages

Paystubs, W-2 information, work schedules and other employment-related information help prove wage loss and can be important evidence when demonstrating loss of future income and earning capacity.

Insurance Information

Insurance companies are usually involved in most personal injury claims. If you are the victim of a motor vehicle crash, make sure to obtain the insurance information of everyone involved. Your car accident lawyer will also want your auto insurance policy information. Depending on the type of case, you may need a negligent party’s homeowner’s or renter’s insurance information. Keep any correspondence you receive from any insurance provider, even your own.

Your Notes and Journal

Jotting down notes immediately following an accident can help document critical details you may forget later. In addition, keeping a journal documenting your injuries, daily level of pain, feelings, appointments, and day-to-day activities can paint a picture of how your life has been impacted. Your attorney can use this information to establish the physical, emotional, and financial costs of your injuries and losses.

If you need assistance gathering documents for a personal injury claim, contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/documents-needed-for-filing-a-personal-injury-lawsuit/

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How to Determine If You Have a Wrongful Death Claim

 

 

Regardless of how it happens, losing a loved one is never easy. When someone is responsible for another person’s death, certain family members or a deceased person’s estate may be able to bring a wrongful death claim against them. But how do you know whether you have a viable claim? The best personal injury lawyers know which specific factors to consider when determining whether a client may have a valid claim. Understanding these elements can help you make an informed decision about pursuing a wrongful death claim.

Was the Death Caused by Negligence?

It goes without saying that someone must have passed-away for a wrongful death claim to be considered. The major element that must be proven is whether their death was caused by negligence. To prove this, three factors must be taken into account:

Duty of care—you must show that the defendant owed a duty of care to the deceased victim. For example, all motorists have a legal obligation to obey traffic laws to keep themselves and others safe on the road.

Breach of duty of care—this means that the defendant failed to act reasonably, which caused them to breach their duty of care. For instance, if someone gets behind the wheel while they are intoxicated, they are breaching their duty of care.

Breach of duty of care led to the victim’s death—you must also prove that the defendant’s breach of duty of care led directly to a victim’s death. If the drunk driver in the scenario mentioned above ran a stop sign and t-boned another car, causing the death of someone inside, they may be liable for damages.

Although proving that negligence caused a victim’s death may seem straightforward in such examples, it can be challenging. That is why it’s vital to have an experienced car accident lawyer evaluate your case if your loved one was killed in a motor vehicle crash.

What is Your Relationship to the Victim?

In some states, a deceased victim’s spouse, children or parents can file a wrongful death claim directly. In others, the administrator of a victim’s estate must file the claim. If the victim died without a will or did not name an administrator for their estate, one will be appointed by the court.

When Did the Death Occur?

Each state also has its own statute of limitations for how long a family member or estate has to file a wrongful death claim. In many states, the time limit is two years from the date of death. However, there are exceptions and statues of limitations vary by state.

Have You Suffered Losses Due to Your Loved One’s Death?

To be awarded damages, you must also show that you suffered losses or expenses as a result of your loved one’s death. Wrongful death damages may include the future earning capacity of the victim, loss of companionship, love, and guidance, funeral and burial costs, and other damages. Quantifying some of these losses can be challenging, so having a seasoned accident or injury lawyer determine the value of your claim is critical to recovering the maximum compensation to which you may be entitled.

Have you lost a loved one in an accident caused by someone else’s negligence?? Contact a wrongful death attorney to learn more.

This blog was originally posted on https://www.pa4law.com/how-to-determine-if-you-have-a-wrongful-death-claim/

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How to Recover Compensation When a Hit and Run Driver Cannot Be Found

 

 

Although leaving the scene of an accident is a crime in most jurisdictions, hit and run crashes are all too common. According to research from the AAA Foundation for Traffic Safety, since 2006 there has been an average of 682,000 hit and run accidents in the United States each year. Sometimes negligent motorists can be found, but what happens if you are the victim of a hit and run driver who can’t be tracked-down? A car accident lawyer can help you figure out your options, which may include recovering compensation for your injuries and property damage from your own auto insurance policy.

Ways to Recover Compensation after a Hit and Run

There are several ways you may be able to recover compensation for your medical bills, damage to your vehicle, and other losses. The best personal injury lawyers recommend that drivers carry more than the minimum Uninsured Motorist/Underinsured Motorist (UI/M) coverage as part of their auto insurance policy. In addition, you should always carry adequate amounts of Personal Injury Protection (PIP) insurance as well. Although these add-ons are required in some states, purchasing the minimum amount of coverage required may not even cover all your medical bills, let alone repairs and other accident-related expenses. Paying a few more dollars a month for your car insurance is well worth the cost.

However, just because you have insurance doesn’t mean that you’ll automatically be covered. You must show proof of the accident and your damages, so it is critical to call police after a hit and run crash. They may be able to find the negligent driver and a police report providing valuable documentation that gives proof of what happened. It is also important to keep all medical bills, receipts and any other evidence that may back up your claim for damages.

If you don’t have insurance coverage or your insurer denies your claim, check and see if your state has a victim’s fund to help cover costs. Your health insurance may also pay for all or a portion of accident-related medical bills.

How a Car Accident Attorney Can Help

Unfortunately, insurance companies are in the business of making money and their top priority is the bottom line. Even if you provide proof of the accident and your damages, an insurer may try to minimize or deny your claim. An experienced accident or injury lawyer can evaluate your case and review your auto insurance policy to determine exactly which accident-related damages you may be entitled to receive. In addition to conducting an investigation to try and find a hit and run driver, your lawyer will handle negotiations with your insurer and fight to help you recover the maximum compensation you need and deserve to protect your health and financial security.

If you or a loved one has been the victim of a hit and run driver, you don’t have to go it alone. Contact an accident attorney to schedule a free case evaluation and find out your options for recovery.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-when-a-hit-and-run-driver-cannot-be-found/

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What to Do if You're the Victim of a Hit and Run

Being injured in a car accident is often a traumatic experience. It can be especially challenging when you or a loved one is the victim of a hit-and -run driver. Many people who are hurt in hit-and-run accidents do not know where to turn or what to do to find the driver or to recover compensation for medical bills and other damages. Following a crash with a hit-and-run driver, it is vital to act fast to protect your health and finances.

Hit-and-Run Accidents Are on the Rise

According to the AAA Foundation for Traffic Safety, the number of hit-and-run crashes in the United States is rising at an alarming pace. In 2016, there were a total of 1,980 fatal hit-and-run accidents, which resulted in 2,049 deaths. Leaving the scene of an accident is a crime in Pennsylvania. If a hit-and-run driver seriously injures or kills someone, it can be charged as a felony.

Steps to Take Following an Accident

If you are involved in a crash with someone who leaves the scene of the accident, call 911 immediately. The sooner you can give police a description of the vehicle, driver, and license plate (if possible), the better. Ask any witnesses for their contact information and write down everything you remember about how the accident occurred. Take photos of the scene, damage to your vehicle, and any injuries. Some injuries do not show symptoms right away, so it is best to get checked-out at the ER or physician’s office.

Taking these steps helps preserve valuable evidence that can lead to finding the negligent driver and provides proof of the accident and your injuries to your insurance company.

How to Recover Compensation When a Driver Cannot Be Found

Even if the hit-and-run driver is not found, your own auto insurance company may provide compensation through your PIP (personal injury protection) and uninsured motorist coverage (UM). Adding adequate amounts of this coverage to your car insurance policy is well worth the cost to protect yourself in the event of an accident. Your medical insurance may also cover all or some of your medical expenses.

When you call your insurance company, it is important to keep in mind that it is not looking-out for your best interests. Whether you are seeking coverage from your own policy or the at-fault driver’s insurance policy, most insurance companies try to pay minimal settlement amounts, and they may deny your claim. This is just one reason why contacting a car accident attorney is a good idea if you have been the victim of a hit and run.

Contact an Auto Accident Attorney

Dealing with insurance adjusters can be frustrating, especially when you are hurt and trying to heal. An auto accident attorney can handle all communications with your insurance company and negotiate aggressively to help you recover the maximum amount of compensation to which you may be entitled. Your accident lawyer will also ensure that all relevant evidence is collected and presented to support your claim.

Traffic camera footage, eyewitness accounts, vehicle and driver descriptions, and license plate numbers can help law enforcement find a hit-and-run driver. If police hit a dead end, your attorney may enlist the help of private investigators to track-down the negligent motorist.

If the hit-and-run driver is found, you may bring a lawsuit against him or her to recover compensation for your medical expenses, past and future loss of income, property damage, pain and suffering, and other damages. If the driver was intoxicated or acting in a reckless manner, you may be entitled to punitive damages as well. The best personal injury lawyers pursue all possible sources of compensation to help you get the care you need and to protect your financial future.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-the-victim-of-a-hit-and-run/

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