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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Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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Class Action Litigation In Medical Malpractice

 

Medical malpractice claims are usually brought by individuals who have been harmed due to the negligence of a physician, nurse, hospital or other health care professional. In cases involving issues such as harmful side effects of a medication, thousands of people may be affected, and they may all pursue compensation in a class-action lawsuit. If you are unsure about whether you have an individual claim or should consider being part of a class-action lawsuit, a top medical malpractice attorney can help you understand the difference between the two and advise you of your options.

What is a Class Action Lawsuit?

Although a class action lawsuit is a civil action, unlike a medical malpractice suit or personal injury claim, it involves multiple plaintiffs who have sustained injuries or losses due to the actions of the same defendant. Examples of class action litigation that involve medical issues include those that are filed against pharmaceutical companies due to dangerous side effects of medications, and manufacturers of materials such as surgical mesh and IUDs that ended-up being defective and causing injury. These class-action lawsuits are not really considered medical malpractice claims and typically fall under the legal umbrella of product liability.

Some personal injury law firms handle all of these forms of litigation, while others focus on specific areas of tort law such as car accidents, premises liability, and product liability.

How Do Class Action Lawsuits Work?

When you contact an attorney about a medical issue that could lead to a potential class action, they will do research on whether others have been harmed in the same way. They will determine:

- Whether there is an existing lawsuit making the same allegations

- How many others have been similarly injured

- Whether the statute of limitations to file a claim has passed

- Whether the company or individual who is being sued is protected from liability due to a bankruptcy filing

They also will look at previous judicial opinions and rulings to find out if any lawsuits involving similar claims have been successful. A class-action lawsuit is a huge undertaking that requires significant resources, so it is critical for lawyers to conduct due diligence before proceeding.

Filing a Class Action Lawsuit

A class-action lawsuit can be initiated by just one individual or a small group of people. If a personal injury lawyer or medical malpractice attorney believes a class action lawsuit is appropriate, they will draft a complaint that outlines the facts of the claim and damages that are being sought. The lead plaintiff will be named in the complaint and it will also describe the potential “class” of individuals who may be eligible to participate in the lawsuit. For example, in a case involving defective surgical mesh, the “class” would be patients who had serious complications after hernia mesh surgery.

For a class action to proceed, a judge must issue a class certification ruling. Many class actions settle before going to trial. The attorneys will issue a notice to the class members informing them about the settlement or judgment and their right to opt-out of the case, with instructions on how to claim their part of the settlement.

To learn more about medical malpractice and class action lawsuits, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/class-action-litigation-in-medical-malpractice/

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