Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Pages

Showing posts with label car accident lawyer. Show all posts
Showing posts with label car accident lawyer. Show all posts

Friday, May 12, 2023

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

car accident lawyer

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/

Friday, February 26, 2021

Documents Needed for Filing a Personal Injury Lawsuit

 
Accident Injury Lawyer

 
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/

Sunday, February 21, 2021

How to Determine If You Have a Wrongful Death Claim

 
Best Personal Injury Lawyers

 
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/

Monday, February 15, 2021

Bicycle Accident Claim Compensation – How a Personal Injury Attorney Can Help

 

Good Injury Lawyer

Did you know more than 45,000 bicyclists are injured or killed each year by collisions with motorcycles? Riding a bicycle can be great for your health and is a cost-effective option to get around. As bicyclists often share the road with motorcyclists, there is a potential for serious accidents and injuries. Unlike the occupants of other vehicles, bicyclists do not have protection surrounding them and may sustain injuries such as broken bones, spine injuries, disfigurement, brain injury, and more. Different types of bicycle accidents and injuries are caused by distracted driving, drowsy driving, speeding, lane switching, running red lights, failure to yield, driving while impaired, and more.

If you are injured in a bicycle accident caused by a third party, you are eligible to get compensation for property damage, personal injuries, pain, and suffering. A good injury lawyer who understands how to accurately value your claim and fights can help your recover the compensation you need.

Perks of Hiring an Accident Attorney

When you or your loved one has been injured in a bicycle accident, it’s difficult for you to figure out who is at fault on your own. Moreover, dealing with insurance adjusters is also tricky as they are always looking out for the best interests of the insurer. Hiring the best accident attorney helps you find out the accurate value on the cost of future medical bills, future wage and income loss, pain and suffering, and other damages. They are experienced and know how to prove negligence, value your claim, protect your interests, and get the compensation you deserve. In addition to this, a car accident lawyer will identify all possible sources of compensation and handle all of the legwork necessary to pursue maximum compensation for you.

They help you in,

- Accident investigation

- Collecting evidence

- Discussing the scope and severity of injuries

- Negotiation and more

A good injury lawyer will help you during the insurance process and help you obtain the maximum compensation from an insurance company. They file a claim that covers all of your accident-related losses to increase the success of your claim. They collect as much evidence of your accident losses to support your claim and minimize the chances of the insurance company blaming you. Moreover, they will also advise you when a settlement offer is inadequate and reject it. If the insurance company refuses to offer you the full amount of your compensation, your accident lawyer will know when to pursue compensation through court proceedings.

The Bottom Line

Are you involved in a bicycle accident? Hire an experienced injury lawyer to evaluate your claim and give you a fair idea of the true value of your claim.

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

 
Car Accident Lawyer

 
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/

Wednesday, December 30, 2020

Claiming Damages When Someone Else is Responsible for an Accident

Car Accident Lawyer

 
After a motor vehicle accident, you may feel overwhelmed and wonder how you will cover your medical bills, lost time from work, and other expenses. If someone else was responsible for your injures and losses, you may be able to recover compensation for damages. A car accident lawyer can help you sort it all out and determine your options for claiming damages after a car accident.

Types of Damages Injured Victims Can Recover

Whether you were hurt while running errands or taking a road trip in a rental car, it is important to keep in mind that hiring an attorney can help you maximize the amount of damages you may be entitled to recover. Each case is unique, and you may only be able to make a recovery for certain types of damages. Your attorney can investigate the circumstances surrounding the crash, the impact it has had on your life, and determine the total value of your past and future losses.

Past and Future Medical Expenses

Depending on the extent of your injuries and whether you will need long-term treatment and care, your medical bills may run into the millions of dollars. It can be easy to underestimate the cost of hospital stays, surgeries, rehabilitation, physical therapy, medications, and other expenses. It is critical to make sure your injuries, diagnoses, and medical treatment are properly documented. Your personal injury attorney can put it all together to demonstrate the physical, emotional and financial costs of your injuries.

Past and Future Lost Wages

Injuries sustained in a car accident can leave you unable to work for an extended period of time. If you have suffered a catastrophic injury or are permanently disabled, you may not be able to return to work at all. This can not only put you and your family in a precarious financial situation, it can also cause you to miss out on professional opportunities that may have arisen had you not been injured. Putting an accurate value on future lost wages and loss of earning capacity can be challenging. Attorneys often enlist the help of experts such as forensic accountants who do a thorough analysis of your education, earning potential, work history, and other factors to determine your future losses.

Pain and Suffering

Some injuries result in severe or chronic pain that significantly reduces an injured victim’s quality of life and ability to do things they once enjoyed. The trauma of being in a car accident can also lead to conditions such as PTSD, depression, anxiety, and other psychological problems that cause serious emotional distress.

Wrongful Death Damages

In Pennsylvania, the spouse, children, and/or parents of a victim whose death was caused by negligence can recover damages for financial support, medical expenses, funeral costs, loss of affection and companionship, and other accident-related losses. In a survival action, heirs of an estate can recover damages that the deceased person could have recovered had they survived, such as lost wages and pain and suffering.

Property Damage

If your vehicle or other property was damaged in an accident caused by someone else, you may also be entitled to compensation for property damage or replacement. This may include compensation for repairs, the fair market value of the vehicle if it was totaled, and any property inside the vehicle that was damaged.

This is by no means an exhaustive list of potential damages you may recover as an injured victim. Experienced accident injury lawyers at Perna & Abracht can evaluate your case and determine which specific types of damages may apply in your case.

This blog was originally posted on https://www.pa4law.com/claiming-damages-when-someone-else-is-responsible-for-an-accident/

Thursday, October 17, 2019

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

Car 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/

Wednesday, October 9, 2019

Car Accidents Involving 18-Wheelers and Commercial Vehicles: What To Do


Car Accident Lawyer

Because of the sheer size of 18-wheelers (as much as 80,0000 lbs.) and other commercial vehicles, accidents involving these vehicles often result in serious injuries or death. These accidents are less likely to occur on back roads, at night or on weekends. According to the Federal Motor Carrier Safety Administration, many crashes of these kinds occur on interstate highways, and three out of four occur on weekdays between the hours of 6 a.m. and 6 p.m.

Top rated personal injury lawyers will tell you that the best course of action following such an accident will differ from an accident between two passenger cars. If you are involved in an accident with an 18-wheeler or commercial vehicle, you should know there are differences in:

•    Insurance liability coverage

•    Complexity of investigation

•    Standards for owners of commercial vehicles

•    Standards for drivers of commercial vehicles

Insurance liability coverage

Operators of personal vehicles typically have insurance coverage ranging from $30,000 to $250,000. The amount you might receive following an accident between passenger cars generally will be constrained by the amount of liability coverage held by the owners of the automobiles.

Businesses obtain much higher amounts of liability coverage so that the business is protected from any large claim. Trucking companies will have a minimum coverage of $1 million, and often are insured for multi-millions. A driver or passenger of a car involved in an accident with a semi-truck or 18-wheeler will be pursuing these larger damages.

Complexity of investigation

Investigating an accident with an 18-wheeler or commercial vehicle is nearly always more complex than investigating an accident between passenger cars. There may be several cars involved in an accident with these huge vehicles. The accident might have been caused by cargo falling off the truck, or by an issue with the truck itself that should have been discovered during inspection or maintenance. Authorities will have more potential witnesses to interview and technical inspections to conduct, and so will top accident attorneys.

Standards for owners of commercial vehicles

Businesses operating commercial vehicles are required to keep safety and maintenance records for every vehicle. Semi-trucks are subject to daily inspections before each shift. These higher standards are in place because a defect in a huge vehicle may result in greater damages and injuries on the highway than a personal passenger car. Businesses also are required to provide training to drivers, and to keep records that show whether drivers are following rules for commercial drivers.

Standards for drivers of commercial vehicles

Your car accident lawyer knows that many truck drivers drive long hours, and this raises the risk of truck drivers falling asleep at the wheel and causing a serious accident. That is why there are rules about how many hours a truck driver may drive in a day. Truck drivers are also required to keep a log book of their driving hours.

There is a lot to know about how to handle a personal injury case between a car and a commercial vehicle. Your first course of action is to contact an experienced attorney at Perna & Abracht LLC, who will take all the steps necessary to protect your rights and seek fair compensation for your injuries.

Wills 101: Navigating the Essentials, Common Myths, and Key Benefits

When it comes to safeguarding your future and ensuring that your estate is handled according to your wishes, understanding the legal landsca...