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 to Do if You’re Involved in an Accident with an Uninsured or Underinsured Motorist

 

Being hurt in a car accident is traumatic and can be even more frustrating when an uninsured or underinsured driver is at fault for your injuries and property damage. There are several steps you can take to protect your rights and seek compensation to cover your medical bills and other damages. Having an experienced car accident attorney assess your case can help ease some of the stress you may be feeling and help you find options to protect your health and financial well-being.

Immediately Following an Accident

After any motor vehicle accident, your first priority should be your health and safety. Call 911 and wait for first responders to arrive. Take photos of the scene, your injuries, and anything else you think may be relevant. Gather contact and insurance information from any motorists who were involved. It is also a good idea to get contact information for any witnesses who may have seen what happened. If possible, obtain a copy of the police report at the scene. Make sure to seek medical attention to ensure you receive proper treatment for your injuries. Your medical records also provide valuable evidence that will back-up any insurance claims you file.

If a driver asks you not to call the police or offers you cash to avoid legal repercussions of not having insurance, do not accept it. There is no way to know what the total amount of your damages may be, and if you take what they offer, you may have no recourse for collecting compensation down the road.

Call Your Insurer

Report the accident to your insurance company. Before signing a statement or accepting a settlement, talk to an accident attorney. Most personal injury law firms offer free consultations, so speaking to an attorney will not cost you anything even if the attorney decides not to take your case.

Options for Recovering Compensation

Depending on the specifics of your auto insurance policy and the state in which you live, you may have several options. In “no-fault” states, your insurance company should pay for some or all of your medical expenses, lost time from work, car repairs, and other damages.

Uninsured/Underinsured Motorist Coverage

Although some states require motorists to carry UI/UIM insurance, it is very important to add it to your policy even it if is not mandated. Having adequate auto insurance coverage can help to ensure you get the medical care you need and protect your financial security in the event of an accident — especially one involving an underinsured or uninsured driver. This type of coverage can also help you get compensation for your injuries if you are hurt in a hit-and-run accident.

Personal Injury Protection

If you do not have uninsured motorist coverage, your Personal Injury Protection (PIP) insurance may pay for damages. For example, in Pennsylvania, drivers are required to have PIP insurance in the amounts of $5,000 in Medical Benefits coverage and Bodily Injury Liability coverage of $15,000 per person per crash (or $30,000 per collision), and $5000 in coverage for property damage.

Although you can bring a personal injury lawsuit against someone who does not carry liability auto insurance, it can be a losing battle out of the gate unless that person has significant assets. A good injury lawyer who is well-versed in handling uninsured and underinsured motorist cases can evaluate your case and help you determine which option may be appropriate for your specific circumstances.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-involved-in-an-accident-with-an-uninsured-or-underinsured-motorist/

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How Are Medical Malpractice Settlements Negotiated?

 

Many medical providers are conscientious professionals who provide quality care to their patients. Unfortunately, when they fail to meet proper standards of care, patients can suffer serious injury or death. If you have been hurt or have lost a loved one and you are considering filing a medical malpractice claim, it is important to understand that these types of cases are extremely complex. Even the best malpractice attorneys sometimes find it challenging to reach a fair settlement without taking a case to court.

Determining Liability

In any personal injury claim, a plaintiff must prove that another person’s or entity’s negligence or willful misconduct caused harm. Accomplishing this on your own is difficult, especially in medical malpractice cases. Finding a good injury lawyer who has a record of success winning malpractice cases is critical to helping you recover the maximum amount of compensation to which you may be entitled.

Types of Damages

Once liability has been determined, your lawyer will place a value your claim. There are two main types of damages that can be recovered in a medical malpractice settlement. Economic damages are quantifiable losses and expenses, such as the cost of additional necessary medical treatment received due to a medical professional’s negligence. It is much more challenging to put a dollar amount on non-economic damages like pain and suffering.

In some states, there are limits on medical malpractice settlement amounts. Insurance companies definitely keep this in mind when negotiating with injured patients, so it is essential to hire an experienced accident injury lawyer who is familiar with the laws of your state.

Medical Malpractice Settlement Negotiations

To begin negotiations with a health care provider or his/her insurance company, your attorney may send a demand letter informing him/her that you intend to file a claim against him/her. Although your attorney will most likely negotiate with the medical provider’s insurance company, the provider may have to approve the settlement before it can be finalized. This can drag-out negotiations and lead to costly court litigation.

Insurance companies also tend to be less willing to acquiesce to an injured patient’s demands in medical malpractice cases. If a medical provider is convinced that he/she did not commit any wrongdoing or wishes to avoid skyrocketing insurance premiums, he/she may stick it out and advise the insurer to take your claim to court. If your attorney reaches a settlement with all involved parties, it may also have to be approved by the court, especially in cases involving minors.

Medical Malpractice Settlement Payments

There are several factors that are taken into account when determining how a settlement will be paid, including the injured person’s age, the nature of their injuries, and the laws of the jurisdiction where the case is negotiated. A medical malpractice settlement may be paid through a structured settlement, a lump sum, or a combination of both. Typically, the settlement check will be sent to your attorney who deposits it into an escrow account. After deducting attorney fees and other expenses associated with your case, you will receive the remainder of the settlement.

To learn more about medical malpractice settlements, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-are-medical-malpractice-settlements-negotiated/

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

 

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.

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How Truck Accidents are Different from Car accidents When it Comes to Injury Cases

 

Being involved in any motor vehicle accident can be traumatic, but when it involves a tractor-trailer or another large commercial truck, the consequences can be life-altering. If you have been injured or have lost a loved one in a crash involving an 18-wheeler, an experienced car accident attorney can help you understand how your personal injury or wrongful death claim may differ from those that only involve passenger vehicles.

Truck Accidents Often Cause More Serious Damage and Injury

Because of their large size and weight, tractor-trailers often cause accidents that result in significant property damage, catastrophic injury and death. In cases where multiple vehicles are involved, the human cost of a crash may be even higher. Victims of truck accidents may suffer injuries such as:

- Head, neck and back injuries

- Spinal injuries that result in paralysis

- Traumatic brain injury

- Broken or crushed bones

- Amputation

- Disfigurement

- Organ damage

These types of injuries often require lifelong medical care and can significantly diminish your quality of life. Although no amount of money can change what happened, a good injury lawyer can put an accurate value on your claim and help to ensure you recover the maximum compensation you need and deserve to protect your health and financial future.

Truck Accidents Claims are Complex

Tractor-trailer accident claims are multifaceted. It is critical to collect and preserve valuable evidence as soon as possible. A trucking company may send investigators and insurance company representatives to the scene right away. Do not give a statement or sign anything from an insurance adjuster without talking to a car accident attorney first. Their priority is always the bottom line—even your own insurance company may not be looking out for your best interests.

Although it may be tempting to accept the first settlement offer, you may be unaware of the extent of your injuries and the long-term impact they may have on your life. Trucking companies and other businesses often have liability insurance policies that reach into the multi-millions. In addition, multiple parties may be liable for damages in a truck accident claim, including the trucking company, truck driver, maintenance company, truck manufacturer, or parts manufacturer.

An experienced attorney will thoroughly investigate the circumstances surrounding the crash and help you pursue all possible avenues of compensation. It is important to hire a lawyer who is familiar with the laws and regulations put forth by the Federal Motor Carrier Safety Administration (FMSCA), which oversees standards and rules for owners and drivers of commercial vehicles.

Collection of Evidence May Be More Extensive

Truck accident cases require the collection and review of additional evidence that is not typically necessary in car accident claims. In addition to photographs, witness statements, and police reports, the best accident lawyers gather evidence such as:

- The truck driver’s training and driving record

- Truck maintenance records

- The truck driver’s medical records

- Results of any drug and alcohol testing

- The vehicle operator’s log, which contains valuable information like the number of hours driven, breaks and stops

- The “black box recorder” from the truck, which documents GPS, engine and other travel data

- Cell phone records

Legal teams also work with accident reconstructionists and other professionals who can provide vital expert witness testimony to back up your claim.

If you have been hurt in a tractor-trailer accident, seeking the counsel of a skilled Pennsylvania personal injury lawyer can help protect your rights and recover fair compensation.

This blog was originally posted on https://www.pa4law.com/how-truck-accidents-are-different-from-car-accidents-when-it-comes-to-injury-cases/

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Steps to Take After a Slip and Fall Accident

 

Property and business owners have a legal obligation to keep their premises safe, which includes outdoor areas such as sidewalks, stairs, and parking lots as well. Being hurt in a slip and fall accident can have serious repercussions. Injured victims often wonder how they will pay their medical bills, make up for lost time off work, and care for their families. If you have been hurt in a slip and fall accident that was due to someone else’s negligence, it is important to take certain steps to protect your rights.

Seek Medical Attention

After any accident, it is critical to receive medical treatment as soon as possible. Even if you believe you are not seriously injured, symptoms of a condition may not appear until days or weeks later. Visiting the emergency room or seeing a doctor soon after your injury can help to ensure you get the care you need, and provide valuable evidence that a good injury lawyer can use to back up your claim down the road. Keep all bills and receipts for any treatment and medications you receive, transportation to and from appointments, and any other accident-related expenses.

Take Photographs or Video

Photos and video of the premises provide concrete evidence of dangerous conditions. Take photos of the area in which you fell and any hazards that may have caused you to slip, trip, or fall. It is also a good idea to take pictures of your injuries. If you are unable to take photos yourself, ask a bystander or someone with you to snap a few pictures.

Jot Down or Dictate Notes

Write down everything you remember about how the incident happened while it is still fresh in your mind. If you do not have a pen and paper handy, use the recorder on your phone to document what happened.

Gather Contact Information from Witnesses

Ask any potential witnesses for their names and phone numbers. Even if a person did not see you fall, he or she may have seen the negligent act or dangerous condition that caused your injury. For example, if you are shopping in a grocery store and slip on water from a cooler that is leaking onto the floor, other customers and workers may have seen the water there before you fell and became injured.

Make an Incident Report

Ask to make an incident report with the manager or owner of the business or property. Provide only factual information on the report. Do not say anything that could be construed as a fault on your part. Make sure to obtain a copy of the report before you leave. If a manager or owner is not available, ask for their name and phone number.

Do Not Give a Statement or Sign Anything from an Insurance Adjuster

It is vital to remember that insurance companies do not have your best interests at heart. They will do almost anything to pay as little as possible or deny claims altogether. If an insurance adjuster contacts you, do not speak to them, sign anything, or accept a settlement before contacting a Pennsylvania personal injury lawyer.

Contact an Accident Attorney

An accident lawyer can evaluate your case and advise you of the most effective course of action to recover compensation. He or she will gather evidence to support your claim and handle all negotiations with the insurance company. Your lawyer will act as your staunch advocate and fight to help you get the maximum compensation you need and deserve. Personal injury attorneys offer free consultations, so you do not have to worry about incurring any up-front costs, even if you do not move forward with your claim.

This blog was originally posted on https://www.pa4law.com/steps-to-take-after-a-slip-and-fall-accident/

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What Is Medical Malpractice and How to Prove the Claim?

Medical malpractice is a very serious claim that goes well beyond being harmed by a medical professional. In medical malpractice, the harmed patient must demonstrate that the medical professional failed to perform his or her medical duties competently and correctly. Before accepting the case, a good malpractice attorney will establish these important facts:

1.    There was a doctor-patient relationship. What is a doctor-patient relationship? This is when a person (you) hires a medical professional to diagnose and treat an illness. For medical malpractice to exist, you must have this formal relationship. Your complaint may not be based on remarks a doctor made in a social setting or any casual conversation. Sometimes a true doctor-patient relationship is difficult to support when there is a consulting physician who did not directly treat you.

2.    The medical professional was negligent. The doctor may have made a mistake, but the law requires that he or she was negligent – which in the medical malpractice world means that his or her care fell below the standard of care for like medical professionals.  The medical profession has known standards of care, and doctors are obligated to meet these standards of care. You will be required to present a medical expert who can testify about the accepted standard of care and how the doctor did not follow it (or did not follow it completely).

3.    The negligence caused your injury. Sometimes it is difficult to prove this, as perhaps the original disease or accident that brought you to the doctor caused the harm you experienced. This is one of the strategies the doctor’s attorneys may adopt. Working on your behalf, a good injury lawyer will work to prove that it is more likely than not that the harm was caused directly by the doctor’s incompetent decision(s) or treatment. Once again, you will need to present a medical expert who will testify to this effect.

4.    Your injury led to certain damages. The case may indicate that the doctor performed below the standard of care, but you must also prove that the doctor’s performance caused you injuries which damaged you. These may include physical pain, mental anguish, medical bills in addition to those for the original illness or accident, and/or lost time at work or earning capacity.

Types of Medical Malpractice Cases

A variety of mistakes, misjudgements or failures to perform can lead to a medical malpractice lawsuit. They generally fall into the following categories:

Failure to diagnose asks “Is it likely that a competent doctor would have made the correct diagnosis, and would you have had a better outcome if the diagnosis was correctly made?”

Improper treatment goes to whether the correct treatment was chosen, and if the treatment was administered properly.

Failure to provide informed consent goes to whether the doctor ensured that you knew and understood the risks associated with the treatment.

Many states have very specific rules about when and how medical malpractice cases must be filed. If you have been injured and believe it is due to negligence on the part of a medical professional, schedule a consultation as soon as possible with Perna & Abracht LLC.

This blog was originally posted on https://www.pa4law.com/what-is-medical-malpractice-and-how-to-prove-the-claim/

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Considering Filing A Medical Malpractice Lawsuit? Here Are The Things You Should Know

Medical malpractice is difficult to prove because it is not based simply on whether or not your doctor (or another health care professional) made a mistake. You need the help of experienced medical malpractice law firm to establish some very important things – and establish them as facts – before a medical malpractice claim can be made.

Duty of Care

Duty of care is a key underlying principle on which any medical malpractice claim is based. Duty of care is what the doctor-patient relationship is all about. If you are under the care of a health care professional, he or she owes you the same duty of care that another professional would owe you if he or she had the same educational background and practiced in the same state. The question here is whether the doctor did what would have been expected of him or her when compared to colleagues in your area.

Breach of Duty

After you have established that the doctor owed you a duty of care, your malpractice attorney will investigate whether there was a breach of duty. In other words, was there something that should have been done that was not done or something that was done that should not have been done? We’ve all heard of cases in which a medical implement was left inside a patient after surgery. This is an example of a surgeon not taking the care that was expected in the performance of the surgery. This is more of a clear-cut breach of duty than, say, a misdiagnosis. Perhaps in your case, the doctor misdiagnosed your illness and then treated you for the wrong illness.  Although this is an unfortunate mistake, if the doctor performed the expected tests to reach the diagnosis, the case may not be considered a breach of duty. A good injury lawyer will understand the complexities of this determination.

Injury

If you have been able to establish a duty of care and a breach of duty, now you will determine whether an injury occurred because of the breach of duty. Let us suppose your doctor failed to order a certain test that he or she would have been expected to order, and because that test data was not available, the doctor did not treat your illness appropriately, and you became more seriously ill. Are you now impaired as a result of the serious illness? Impairment is often defined as an inability to carry-on the tasks of daily living and/or an inability to perform a job you had at the time you became ill.

Evidence

Before bringing a claim of medical malpractice, your attorney will collect evidence that supports your claim. This is critical because you are not a medical expert. You may think a mistake has been made and believe the doctor should have known better or should have acted differently, but your opinion doesn’t count. Most plaintiffs must produce medical experts who will testify to support your claim, as well as medical records that back-up your claim. Your attorney will know what kind of evidence is required, and this is another important reason to hire an experienced injury lawyer.

Correct Person or Entity

Another technicality is who you should be making the claim against. There may be an individual health care provider, or there may be a medical facility or system that is at fault (or both). This is another very important determination that your attorney will make.

Bringing a claim of medical malpractice is a complex action. If you believe you have been injured by a health care professional or entity, schedule a consultation now with an experienced medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/considering-filing-a-medical-malpractice-lawsuit-here-are-the-things-you-should-know/

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