The Role of Medical Evidence in Strengthening Your Personal Injury Case

 

In a personal injury case, the quality and comprehensiveness of medical evidence can significantly impact the outcome. Medical evidence substantiates the extent of injuries, links them to the incident, and helps calculate fair compensation. There's no doubt that vital medical documentation can definitely strengthen your personal injury case.

The Importance of Medical Records

Medical records are foundational in any personal injury claim. They provide a detailed account of the injuries sustained, treatments administered, and the prognosis for recovery. These records serve as objective evidence that can be pivotal when dealing with lawyers in West Chester PA.

Key Elements of Medical Evidence

●     Initial Medical Evaluation: The initial assessment after the incident is crucial. It establishes a baseline for the injuries and ensures immediate issues are documented.

●     Ongoing Treatment Records: Documentation of ongoing treatments, including therapy sessions and follow-up visits, helps in showing the severity and duration of injuries.

●     Medical Bills and Receipts: These provide tangible proof of the financial impact of the injuries, aiding in the calculation of compensation.

How Medical Evidence Supports Your Claim

Medical evidence does not just demonstrate the physical impact of an injury. It also helps to prove the emotional and psychological effects. This comprehensive documentation is essential for a personal injury attorney to build a compelling case.

Demonstrating Cause and Effect

Linking your injuries directly to the incident is vital. Medical evidence can help establish this connection by:

●     Detailing the timeline of symptoms and treatments

●     Providing expert opinions on how the injuries correlate with the incident

●     Highlighting any pre-existing conditions and showing how the incident aggravated them

The Role of Expert Testimony

In complex cases, medical experts play a crucial role. They can offer professional opinions on the extent of the injuries and the expected long-term effects. Their testimony can be instrumental in convincing a jury or insurance company of the validity of your claims. Personal Injury Lawyers in Delaware County PA often rely on such expert testimonies to strengthen their cases.

Common Types of Medical Evidence

Medical evidence can vary, but some common types include:

●     Emergency Room Records: These initial records are often the most compelling as they are created immediately following the incident.

●     Diagnostic Test Results: X-rays, MRIs, and CT scans can visually demonstrate the extent of injuries.

●     Physician and Specialist Reports: Detailed notes from your treating doctors provide insights into your recovery process and future medical needs.

Benefits of Comprehensive Medical Documentation

Having thorough medical documentation benefits your case in several ways:

●     It provides clear evidence of the injury's impact on your life

●     It helps in negotiating with insurance companies

●     It is essential for legal proceedings if your case goes to trial

Strengthening Your Case with Legal Expertise

While medical evidence is crucial, having experienced legal representation is equally important. Personal Injury Lawyers in Chester County PA can help gather, present, and interpret medical evidence to build a strong case. They understand the nuances of personal injury law and can effectively communicate the significance of your medical records to the court or insurance companies.

Need to Talk?

Ensuring your personal injury case is backed by robust medical evidence is crucial for achieving a favorable outcome. For professional guidance and support, Contact Us Today for a free consultation. Our experienced attorneys are here to help you navigate the complexities of your personal injury case.

This blog was originally posted on https://pa4law.com/role-of-medical-evidence-in-strengthening-personal-injury-case/

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Understanding Personal Injury Lawsuits: Steps to Take After an Accident

Experiencing an accident can be a disorienting and traumatic event, leaving you unsure of the next steps. Understanding the essentials of personal injury lawsuits and the actions to take immediately following an accident can significantly influence the outcome of your case. Whether you are dealing with a car crash, workplace injury, or any other type of accident, following a structured approach can help protect your rights and ensure that you receive the compensation you deserve.

Immediate Steps Post-Accident

1. Seek Medical Attention: Your health is the main priority. Even if injuries do not seem severe, some symptoms may not appear until days after the accident. A medical record immediately following the incident is crucial for your health and any future claim.
2. Report the Incident: Whether it is a car accident or an injury at work, report the incident to the relevant authorities or management. Official reports serve as vital evidence in personal injury cases.
3. Gather Evidence: If possible, collect as much information at the accident scene as you can. This includes photos of the accident site, your injuries, and contact information for witnesses.
4. Document Everything: Keep a detailed record of all medical treatments, expenses related to the injury, and any impact on your daily life and work.

Understanding Your Rights and the Claims Process

Personal injury law aims to restore the injured party to their pre-accident condition as much as possible. This includes compensation for medical expenses, lost wages, and pain and suffering. Knowing your rights is the first step toward ensuring that you are fairly compensated for your injuries.

●     Compensation for Medical Bills: You have the right to seek compensation for immediate and ongoing medical treatment related to your injuries.

●     Recovery of Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income.

●     Pain and Suffering: Compensation can also include non-economic damages such as pain and suffering, which cover the physical and emotional distress caused by the accident.

The Role of Legal Representation

Seeking the advice of the best personal injury lawyers is a critical step in navigating the aftermath of an accident. A skilled attorney can offer:

●     Expertise in Personal Injury Law: A Pennsylvania personal injury lawyer is well-versed in state laws and can guide you through the complex legal landscape.

●     Negotiation with Insurance Companies: Insurance companies aim to minimize payouts. A lawyer can negotiate on your behalf to ensure fair compensation.

●     Representation in Court: If a fair settlement cannot be reached, your lawyer will represent you in court to fight for your rights.

How a Lawyer Can Help

Understanding how a personal injury attorney helps during the claims process is essential. From the initial consultation to the resolution of your case, a good personal injury attorney will:

●     Evaluate Your Case: Provide a clear assessment of your situation and the potential for compensation.

●     Handle Documentation and Deadlines: Manage all necessary paperwork and adhere to critical deadlines, ensuring that your claim is filed correctly and on time.

●     Maximize Your Compensation: Work diligently to assess all aspects of your claim, including how much pain and suffering is worth in a personal injury claim, to maximize the compensation you can receive.

In Case of a Car Accident

If you are involved in a car accident, contacting a car accident attorney can be particularly beneficial. They specialize in navigating the intricacies of car accident claims, dealing with insurance adjusters, and ensuring that your rights are protected throughout the process.

Moving Forward

The period following an accident is fraught with challenges, but understanding the steps to take and your rights can ease the burden. Engaging with a reputable personal injury lawyer early in the process can be the key to securing the compensation you need to recover and move forward with your life.

This blog was originally posted on https://pa4law.com/understanding-personal-injury-lawsuits-steps-to-take-after-an-accident/

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The Intersection of Technology and Protection Orders: Addressing Online Abuse and Harassment

The current surge in online abuse and harassment has become a pressing concern. The intersection of technology and legal measures, particularly protection orders, plays an important role in combating this issue. As individuals seek safety and justice, understanding how technology can aid in enforcing protection orders is crucial.

Understanding Protection Orders in the Digital Age

Protection orders, traditionally designed to prevent physical harm, are evolving to address the complexities of online harassment. These legal documents now extend to prohibit various forms of digital abuse, including:

●     Cyberstalking

●     Online harassment

●     Unauthorized sharing of personal information

The Role of Technology in Enforcing Protection Orders

Technology not only facilitates abuse but also serves as a tool for prevention and enforcement. Key technological interventions include:

●     Digital Monitoring: Law enforcement agencies use software to monitor the online activities of individuals with protection orders against them, ensuring they do not breach the terms.

●     Evidence Collection: Victims can use technology to gather evidence of online abuse, such as screenshots, emails, and messages, which are critical in legal proceedings.

●     Alert Systems: Apps and platforms are being developed to alert victims if an abuser attempts to contact them, providing an added layer of security.

Legal Resources for Victims

Victims of online abuse can seek assistance from various legal professionals to secure protection orders and navigate the complex legal landscape:

●     Criminal Justice Lawyer: Specialists in criminal law can help victims understand their rights and the legal procedures involved in obtaining a protection order. More information can be found at Criminal Justice Lawyer.

●     Domestic Violence Lawyer: For cases involving domestic abuse that extends into the digital realm, consulting a Domestic Violence Lawyer is crucial in ensuring comprehensive protection.

●     Personal Injury Attorney: In instances where online harassment leads to mental anguish or emotional distress, a Personal Injury Attorney can assist in seeking damages.

Challenges and Considerations

While technology offers innovative solutions, it also presents challenges in the fight against online abuse:

●     Privacy Concerns: The use of monitoring tools must balance between enforcing protection orders and respecting privacy rights.

●     Jurisdictional Issues: The global nature of the internet complicates jurisdictional matters, making it difficult to enforce protection orders across different regions.

●     Evolving Nature of Technology: As technology advances, legal measures must continuously adapt to address new forms of digital abuse.

Empowering Victims and Shaping the Future

The integration of technology and legal measures signifies a proactive approach to safeguarding individuals from online abuse. However, the fight against digital harassment requires a collective effort. Education on digital safety, legal reforms to address emerging threats, and technological innovations are all critical in creating a safer online environment.

Towards a Safer Digital Environment

The intersection of technology and protection orders marks a significant advancement in addressing online abuse and harassment. By leveraging digital tools and legal expertise, victims can find solace and protection in the digital sphere. It is imperative for legal professionals, technologists, and policymakers to collaborate in fortifying the mechanisms that protect individuals online, ensuring a safer and more respectful digital landscape for all.

In regions like Pennsylvania, Delaware County, Chester County, and Lancaster County, accessing specialized legal services is key to effectively combating online abuse. Whether it is through consulting a criminal justice lawyer, a domestic violence lawyer, or a personal injury attorney, victims have a pathway to justice and safety in the digital age.

This blog was originally posted on https://pa4law.com/the-intersection-of-technology-and-protection-orders-addressing-online-abuse-and-harassment/

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Medical Negligence vs. Medical Malpractice: Understanding the Legal Difference

Cases involving medical malpractice or medical negligence are complex. Although they are often used interchangeably, it can be challenging to understand the nuances between the two. If you’ve been harmed by a medical professional or institution, consulting with an experienced medical malpractice lawyer can help you understand how Pennsylvania medical malpractice laws may impact your case.

What is Medical Negligence?

Medical negligence occurs when a healthcare provider fails to provide the level of care that a fellow medical professional would in similar circumstances.  In other words, if a healthcare provider’s unintentional error or inaction led to injury or harm, it would be considered medical negligence. The four key elements of proving negligence include:

Duty of Care – The healthcare provided a duty of care to the patient

Breach of Duty – The healthcare professional breached their duty of care by not meeting the standard of care the provider breached the duty of care by failing to meet the standard of care within their field

Causation – The provider’s breach of duty caused injury or harm to the patient

Damages – The patient suffered damages such as additional medical bills, wage loss, physical injury, and emotional distress

The best malpractice attorneys understand how to investigate medical negligence claims and put all the evidence together to prove negligence.

Medical Malpractice

Medical malpractice includes the elements of medical negligence with one significant difference – in a medical malpractice case, you must show that the medical provider’s or institution’s actions were intentionally reckless. In simpler terms, when a medical provider knows better, but still makes a poor decision or provides subpar treatment, it may be considered malpractice. Some examples of medical malpractice and/or negligence include delayed diagnosis, misdiagnosis, improper treatment, and surgical errors.

In medical malpractice cases, an injured party (plaintiff) must present expert testimony from a qualified medical professional. Their testimony is vital to demonstrate the standard of care that the negligent healthcare provider (defendant) should have followed and how they deviated from that standard.

How a Medical Malpractice Lawyer Can Help You Understand Your Options

The distinctions between medical malpractice and medical negligence can be challenging to grasp if you are unfamiliar with the law. Although you may be able to pursue compensation for medical negligence or malpractice, the legal strategies your medical malpractice attorney employs will differ. Suppose you have lost a loved one due to the negligence or carelessness of a medical professional or institution. In that case, your attorney may be able to help you file a wrongful death claim against the responsible parties.

There is a specific process for pursuing medical malpractice claims, so it is critical to seek the counsel of a personal injury attorney who has experience handling medical malpractice and negligence claims. In Pennsylvania, the statute of limitations for filing a medical malpractice lawsuit is two years from when the error or injury was first discovered or should have been discovered, so it is important to act fast. These time limits vary by jurisdiction and there are exceptions, depending on the specific circumstances. 

Do you need assistance with a negligence or malpractice claim? Contact our personal injury lawyers today at Perna & Abracht, LLC for a free consultation today. Our team includes some of the best medical malpractice lawyers in Pennsylvania.

This blog was originally posted on https://pa4law.com/medical-negligence-vs-medical-malpractice-understanding-the-legal-difference/

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How Do Pre-existing Conditions Affect Personal Injury Claims?

Many people suffer from illnesses and injuries throughout their lifetimes, and pre-existing conditions can play a major role in some personal injury cases. Typically, an injured victim cannot recover compensation for underlying conditions that were not caused by an accident, but they are entitled to compensation if those pre-existing conditions were made worse by the accident. The best accident attorneys always advise clients to disclose any pre-existing conditions to ensure they have all the information they need to build a solid personal injury case. 

Why Your Attorney Needs To Know About Pre-Existing Conditions

Informing your attorney of any pre-existing physical injuries or mental health conditions such as anxiety, PTSD, or depression is critical to establishing whether or not an accident caused the conditions to worsen. When you file a personal injury claim, insurance companies will scrutinize your medical history for the purpose of blaming your current injuries on a pre-existing injury or medical issue, regardless of how minor the pre-existing condition may be. A good injury lawyer will establish the degree to which an accident aggravated a pre-existing problem and/or caused new and distinct injuries. This is a critical element when determining the amount of compensation you may be able to pursue in a personal injury claim. 

Failing to Disclose a Pre-Existing Condition Can Jeopardize Your Claim

When discussing your medical history with your lawyer, it is essential not to hold anything back. For example, you may consider a childhood injury like a broken wrist irrelevant. It may not be – leave it up to your attorney to determine how it could affect your claim. 

Detailed medical records documenting your pre-existing health issues are critical to establishing their severity and how they affected your life before, and how the injuries you sustained recently have made these pre-existing issues worse.. Seeking medical care as soon as possible after an accident can actually help prove how recent injuries may have worsened an old injury or condition. 

Forgetting or deliberately failing to disclose a pre-existing condition could hurt your credibility, affect your chances of recovering compensation, and may even result in an insurer taking legal action against you if an omission is discovered later.  

A Pre-Existing Condition Won’t Always Prevent You from Recovering Compensation

Some victims who are already living with an injury may be hesitant to file an accident claim because they think their pre-existing condition will prevent them from recovering any compensation. This is simply untrue – again, leave it up to an experienced attorney to determine whether or not a claim is worth pursuing. Even if your pre-existing condition means you may not recover as much compensation as you would have without it, if someone else was responsible for causing new injuries or worsening old injuries, you deserve to be compensated for your damages. 

Scheduling a case evaluation with a personal injury lawyer can’t hurt – your initial consultation is free. Top car accident lawyers will thoroughly assess your case, review your complete medical history, and advise you of all the options that may be available to you.

Personal injury claims are complex, and pre-existing conditions can make it even more difficult to recover the full and fair compensation you need. Contact a personal injury attorney today to learn more. 

This blog was originally posted on https://www.pa4law.com/how-do-pre-existing-conditions-affect-personal-injury-claims/

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3 Elements of Product Liability Claims

Whether it’s their vehicle or headache medicine, most consumers typically assume that the products they use are safe. Unfortunately, this is not always the case. When someone suffers an injury caused by a product, they may have recourse for recovering compensation for any damages caused. If you or a loved one has been hurt by a product you’ve used, talking with a good injury lawyer is critical to understanding your options. 

Factors Considered in Product Liability Claims

Negligence is a major element in any personal injury claim. However, there are three specific factors that are usually considered in product liability claims, including:

• Manufacturing defects

• Design defects

• Failure to warn

Manufacturing Defects

When a product is improperly manufactured and causes harm, manufacturers may be held liable. Sadly, manufacturers sometimes put cost and speed of production above safety. Incorrect assembly, faulty installation of wiring and circuitry, and use of wrong materials to construct a product are just a few examples of manufacturing defects. Top car accident lawyers have litigated many cases involving manufacturing defects such as brake failure, unintended acceleration, and improperly deployed airbags. 

Design Defects

Design defects typically happen during the development of a product. Design defects can involve a product causing harm when being used correctly, or when harmful materials are utilized to make a product. Examples include designing top-heavy SUVs that increase the risk of rollover when making sharp turns at high speeds, or creating children’s toys that pose a choking hazard. 

Failure to Warn

Products that have the potential to be dangerous must have adequate warnings to help consumers use them properly and avoid being injured. For instance, a tool such as a chainsaw should have instructions for proper use and warnings about any potential hazards. Even if hazards are evident, consumers should be informed that failure to use a product as it is intended could lead to serious harm.  If there is no warning included and someone gets hurt, the manufacturer may be liable. 

Proving Product Liability Claims

For a viable product liability claim, it is not enough to simply demonstrate that a product is defective. Your attorney must prove that you were injured due to the defect while using the product as intended. If you were using it in an inappropriate way when injured, you may not be entitled to compensation. You also must demonstrate that you suffered losses due to your injuries, such as medical bills, wage loss, pain and suffering, and other damages. 

Sufficient Evidence is Key

Product liability claims can be extremely complex, especially when they involve products such as pharmaceuticals or dangerous chemicals. To prove product liability, the best accident lawyers utilize evidence such as:

• The actual defective product

• Product design plans

• Evidence of designer or manufacturer knowledge of the defect, which may include notes, designs, emails, and other internal or external correspondence

• Medical records

• Medical bills 

• Proof of income, such as pay stubs and W-2s

• Photos of  the defects and consequent injuries

• Accident reports

• Witness testimony

• Expert witness testimony

• Labels, instructions, and warnings

• Marketing materials 

Your lawyer also will collect any other relevant evidence and put it all together to demonstrate that you were harmed by a defective product, and that you suffered injuries and loses. 

Contact a personal injury attorney to learn more about product liability claims.

This blog was originally posted on https://www.pa4law.com/3-elements-of-product-liability-claims/

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How to Prove a Distracted Driver Caused a Car Accident

Distracted driving is a growing problem in the United States. According to the National Highway Traffic Safety Administration (NHTSA), driver distraction took 3,142 lives in 2019 alone. If you have been involved in an accident you believe was caused by a distracted driver, there are steps you can take to protect your rights. Learning how a personal injury attorney will investigate these claims can help you understand the process and make informed decisions about the options that may be available for recovering compensation. 

Types of Distracted Driving

Although texting and talking on the phone are two of the most common types of driver distraction, eating, drinking, putting on makeup, talking with passengers, adjusting controls, and dealing with kids or pets in the backseat are also considered distractions that can cause an accident. There are many different types of evidence that can help prove distracted driving. Top accident attorneys know how to put them all together to create cohesive cases that prove a distracted driver was at fault. 

Analyzing the Scene of the Accident

Photographs, traffic and surveillance cameras, and other tools can help investigators piece together how an accident occurred. Skid marks and damage to vehicles, guardrails, and traffic signs can tell a story as well. Personal injury lawyers often employ car crash reconstructionists who examine evidence from the scene to determine whether a driver’s attention was diverted when an accident happened. These car accident experts provide critical testimony that can provide convincing evidence to support a claim. 

Cell Phone Data and Records

Cell phone records are one of the most valuable tools when it comes to proving distracted driving behaviors such as texting or talking on the phone. A lawyer can subpoena a driver’s cell phone data and records to determine whether they were texting, checking email, or using a device for GPS or other purposes while driving. 

Eyewitness Statements

If another driver, passenger, pedestrian, or bystander noticed that a driver was distracted at the time of a collision, their statements or testimony also can help prove your case. If you are involved in an accident, obtaining witness statements and contact information at the scene can add another layer of evidence that your car crash injury lawyer can use to help prove your case. 

Police Reports 

It is critical to call 911 or local law enforcement after a crash. Police scrutinize the scene and collect evidence to try and determine the circumstances of a crash and who may be at fault. They also collect the statements of the other driver, passengers, and witnesses to document what happened. Police reports and law enforcement testimony can provide important information that helps to confirm that a driver was distracted or exhibiting other dangerous behaviors when an accident occurred. 

How an Attorney Can Help

In addition to building a case that proves your distracted driving claim, your car accident attorney can aggressively negotiate on your behalf and help you recover maximum compensation for damages such as pain and suffering, medical expenses, wage loss, emotional distress, and other damages. 

Contact a personal injury attorney to learn more about distracted driving accident claims.

This blog was originally posted on https://www.pa4law.com/how-to-prove-a-distracted-driver-caused-a-car-accident/

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How Personal Injury Lawyers Determine Future Losses after Catastrophic Injury

Catastrophic injuries often cause permanent disability and leave victims unable to work and do things they used to love. Determining future losses after a catastrophic injury can be challenging. Knowing the factors your personal injury lawyer takes into account when calculating these losses can give you peace of mind and help you better understand the long-term impact an injury can have on your life. 

What Is A Catastrophic Injury?

A catastrophic injury is an injury so severe that it leaves a victim with permanent damage. Spinal cord injuries, traumatic brain injuries, and amputations are examples of catastrophic injuries, and can have significant long-term effects on a person’s ability to function. In fact, any debilitating injury that takes away someone’s mobility, cognitive function, or leads to disfigurement has a serious impact on the whole family’s quality of life. Although no amount of money can change what happened, victims of catastrophic injury caused by negligence need—and deserve—full and fair compensation to help them get the ongoing care they need and maintain financial security.  

How Are Future Losses Calculated?

Many catastrophic injuries require costly ongoing medical treatment and therapy. In addition to affecting an injured victim’s physical health, these types of injuries affect their relationships, social life, mental health, ability to make a living, and myriad aspects of daily life. A good accident injury lawyer will know what factors to consider and how to determine the long-term financial, physical, and emotional costs of your injury. 

Some factors that are usually considered when valuing a catastrophic injury claim include:

Tangible future costs. Personal injury lawyers consult with medical professionals, therapists, forensic accountants, and others who specialize in catastrophic injuries to estimate the total monetary costs of an injury. This may include future medical bills, nursing care, medications, therapy, additional necessary treatment, home modifications, and loss of future income and earning capacity. 

Non-economic damages. Putting a dollar amount on damages like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship is more challenging, as these are intangible losses. Depending on the severity of your injuries, how they have affected your life, and the circumstances surrounding your specific case, your lawyer may determine that these damages are worth from 2-to-5 times the amount of tangible future economic damages like medical bills and wage loss. This is a general rule of thumb that varies from claim to claim. 

Looking At The Big Picture

Some other factors that have an impact on future losses include your age, education, occupation, medical history, where your claim is litigated, and whether multiple parties are liable for damages. Of course, insurance policy limits also play a part when determining how much an injured victim may be entitled to recover for future losses. If the negligent party who is responsible for your injury acted in a particularly reckless or malicious manner, your lawyer may seek punitive damages as well. If you or a loved one has suffered a catastrophic injury, it is also a good idea to speak with an estate attorney who can help you draft vital documents such as powers of attorney, an advance directive, and a will.  

What Are Mitigated Damages?

One of the reasons it is so important to get proper medical care after an accident is that insurance companies will try to offer lower settlement amounts if they believe you failed to mitigate injury-related damages. Going to the emergency room and following-up with recommended treatment after a car accident, slip and fall, or any other type of accident can help protect your rights and give you a better chance of recovering maximum compensation to get the care you need and move on with your life.

If you need assistance with a claim involving catastrophic injury, contact a personal injury attorney today.

This blog was originally posted on https://www.pa4law.com/how-personal-injury-lawyers-determine-future-losses-after-catastrophic-injury/

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Common Types Of Medical Malpractices Cases

 

Most health care professionals care about the safety and well-being of their patients. However, physicians, surgeons, hospitals, and other health care providers can make serious errors that cause injury or death. Dealing with the physical and emotional repercussions of these injuries can be challenging and have a lifelong impact on victims. If you believe you or a loved one has been a victim of medical negligence, having a top medical malpractice attorney evaluate your case and help you understand common types of malpractice can help make things right for you and your family.

What is Medical Malpractice?

Before you consider filing a lawsuit against a health care professional or organization, it is important to understand what medical malpractice is. Medical malpractice occurs when a doctor, hospital, health care system, or other health care professional causes an injury to a patient due to a negligent act or omission. However, just because a doctor made an error that may have caused an injury does not mean you automatically have a medical malpractice case that will be easy to win.

Types Of Medical Malpractice Claims

Medical malpractice cases are quite complex and require the knowledge and experience of a seasoned personal injury attorney who is familiar with what it takes to prove negligence and liability in these types of cases. There are countless situations in which someone may be injured due to negligence, but some common types of medical malpractice cases include:

Misdiagnosis or Failure to Diagnose – When a doctor fails to correctly diagnose an illness or condition, the consequences can be deadly. Whether a physician fails to recognize a discernable illness or diagnoses a patient with a condition they do not have, it can result in a patient not receiving the treatment they need or a healthy patient getting unnecessary treatment that could be invasive or harmful. If you are misdiagnosed, malpractice would only be considered if a doctor failed to follow appropriate standards of care and you were harmed as a result.

Failure to Treat – In some cases, a doctor may fail to recommend adequate treatment for a condition. Failing to offer follow-up care after surgery, releasing a patient too soon, or neglecting to refer someone to a specialist when necessary are all examples of a failure to treat.

Birth Injuries – One of the most heartbreaking types of medical malpractice are birth injuries, which are often preventable and can happen in many different ways. Negligence may occur during childbirth or prenatal care and result in serious brain injury, nerve injuries, and other conditions that significantly affect a child’s quality of life and require costly long-term care.

Medical Product Liability – Thousands of patients are injured or killed each year due to faulty medical devices. If you’ve been hurt by a defective medical device, you may be able to pursue a product liability claim against the designer, manufacturer, and distributor of the device. In addition, a doctor or hospital may be liable in a medical malpractice claim if they failed to know the risk of harm before a device’s use or failed to warn a patient of the risk of harm.

If you believe you have been hurt by malpractice, contact a medical malpractice law firm today.

This blog was originally posted on https://www.pa4law.com/common-types-of-medical-malpractices-cases/

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

 

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

Stay Calm and Call 911

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

Seek Medical Attention

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

Gather Contact Information

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

Take Photos and Video

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

Document Everything You Remember

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

Contact a Car Accident Attorney

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

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

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

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What An Attorney Considers Before Accepting Your Personal Injury Case

 

If you have been injured in an accident or due to a malfunctioning product, you should seek the guidance of a personal injury attorney as soon as possible. Top accident attorneys can help you avoid some common mistakes people make that can affect the amount of your settlement. According to a study by the Insurance Research Council, injured people who have an attorney working on their behalf receive settlements 3.5 times larger than those who settle on their own with insurance companies.

However, many people do not realize that an experienced personal injury attorney does not take every case that is brought to him or her. Personal injury attorneys usually work on a contingency fee, which means that they only get paid if you win a settlement. If the case does not justify an attorney’s involvement, the lawyer will decline the case.

So, what does an attorney consider before accepting your personal injury case?

When the accident or injury occurred. There are prescriptive periods or “Limitations” regarding the amount of time in which you can file a personal injury claim following the accident, and these vary from state to state. Your attorney will know what the rule is in the state in which you would file your lawsuit.

Where the accident or injury occurred. This would include the state, county and municipality where you were injured. You may have exceeded the prescriptive period in the state, or perhaps failed to comply with other rules that regard personal injury cases.

If the liable party is insured. Car accident attorneys often are reluctant to take a personal injury case if the liable party does not have insurance that would pay a settlement. It is very difficult to procure payment from individuals who are not insured.

The extent of your injuries. Monetary damages are established based on the impact of the injuries to your ability to carry on tasks of daily living and to work, as well as the amount of estimated medical bills. The injury may be real, but an attorney may decline the case if you will quickly recover to your previous abilities, and without sizeable medical bills.

Documents you have collected. Documenting an accident as soon as it occurs is very important to maximizing your settlement. Take photos and/or videos (even if you must ask someone at the scene to help you). Write down everything you can remember about the incident and obtain names and contact information of any potential witnesses. Keep records of any medical treatments. Keep a diary of your activities to show the accident’s impact on your personal and work life.

Actions you have taken. If you have been injured by a medical mistake, your medical malpractice law firm will want to review all the records associated with your case. Be sure to collect all medical records if you were taken to the hospital following an accident. If you aren’t in need of emergency care, it is often best to talk to your attorney before visiting a doctor or health care facility. If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured, and retain all packaging, instructions and receipts that accompanied the product.

If you have been injured and another individual or entity is at fault, do not delay seeking the guidance of a highly experienced attorney, who will determine if you have a viable case and what actions you should take next.

This blog was originally posted on https://www.pa4law.com/what-an-attorney-considers-before-accepting-your-personal-injury-case/

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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/

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