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

 

 

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

Ways to Recover Compensation after a Hit and Run

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

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

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

How a Car Accident Attorney Can Help

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

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

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

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Personal Injury Terminology That You Should Know

 

 

When you or a loved one suffers an injury due to someone else’s negligence, understanding the personal injury claims process is vital. Although the best accident attorneys will guide you through your claim from start to finish, knowing basic legal terminology can be helpful.

Plaintiff – The plaintiff is the party who brings a civil lawsuit against an individual or entity in a personal injury claim. The injured victim is typically the plaintiff in a personal injury case.

Defendant – The defendant is the at-fault party or entity that the plaintiff is suing. In some personal injury cases, there may be more than one defendant.

Tort –Personal injury and wrongful death claims are based on tort law. A tort is a negligent or wrongful act that causes harm to another person. An intentional tort typically involves a deliberate act that causes injury, such as assault.

Duty of care – In certain situations, a person or entity has an obligation to protect themselves and others from harm. For example, a supermarket has a duty of care to keep the entrance free of ice, snow, debris, and other hazards that could cause someone to trip, slip or fall. In medical malpractice cases, the duty of care is often known as the standard of care, which means a medical professional’s conduct is compared to the accepted standard for their specialty or industry.

Negligence – Negligence is a vital element of most personal injury claims, negligence and occurs when a party or entity fails to take proper care. To successfully recover compensation in a personal injury lawsuit, you must prove negligence, which can be challenging. Experienced accident injury lawyers know how to prove all four elements of negligence:

- That the defendant owed a duty of care to the plaintiff;

- That the defendant failed to meet that duty;

- That the defendant’s failure caused harm to the plaintiff; and

- That the plaintiff suffered injury, damages, or losses as a result.

Damages – There are two basic types of damages in personal injury cases. Damages are meant to “make the plaintiff whole,” or return them to the state they were in before an accident or injury. Economic damages are quantifiable and include medical bills, wage loss, property damage, and other accident-related expenses. It is more difficult to put a dollar amount on non-economic damages like pain and suffering, loss of enjoyment of life and emotional distress.

In rare cases, a court may award punitive damages, which are not meant to make a plaintiff whole, but to punish the defendant for particularly outrageous or egregious conduct and deter them and others from committing similar acts.

Statute of limitations – Each state places a time limit on how long a plaintiff has to file a personal injury claim or lawsuit. Although they vary from state to state, typically statutes of limitations for personal injury claims range from two to four years from the date of the injury.

This is by no means a comprehensive list of terms that are useful to know when filing a personal injury claim. To learn more about personal injury terminology, contact an injury lawyer.

This blog was originally posted on https://www.pa4law.com/personal-injury-terminology-that-you-should-know/

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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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Receiving Fair Compensation for Injuries Suffered in a Bicycle Accident

 

Riding a bicycle is a convenient, affordable way to get around and can be great for your health, too. However, because bicyclists often share the road with motor vehicles, there is also potential for serious accidents and injuries. A bike accident can be life changing, and if a motorist or another party is responsible for causing injury, they may be liable for damages. If you or a loved one has been hurt in a crash, it is critical to find a top accident attorney who understands how to accurately value your claim and fights to help you recover the full and fair compensation you need.

Common Causes of Bicycle Accidents and Injuries

Even the most cautious cyclist can be hurt in an accident caused by a negligent driver. These types of crashes are often caused by:

- Distracted driving

- Drowsy driving

- Drivers crowding cyclists or following too closely

- Speeding

- Lane switching or weaving through traffic

- Running red lights, stop signs or ignoring other traffic signals

- Failure to yield

- Driving while impaired

Because bicyclists do not have protection surrounding them like occupants of other vehicles do, they may sustain injuries such as broken bones, road rash, cuts and lacerations, head, neck and spine injuries, amputation, disfigurement and traumatic brain injury. These types of conditions can have long-term physical, emotional and financial consequences for victims and their families.

Pursuing Compensation after a Bicycle Accident

There are many reasons why it is important to seek the counsel of an attorney if you or a loved one has been injured in a bicycle accident. Figuring-out who may be liable and proving fault is challenging to do on your own, especially when you’re hurt and trying to recover. Dealing with insurance adjusters can be tricky, as they are looking-out for the best interests of the insurer, not you or your family. They do whatever they can to offer minimal settlement amounts or deny claims altogether.

Unless you are familiar with how personal injury claims work, it is extremely difficult to put an accurate value on the cost of future medical bills, future wage and income loss, pain and suffering, and other damages. Insurance companies know this and will not hesitate to take advantage of your inexperience if they can. The best car accident lawyers understand how to prove negligence, fight to protect your interests and accurately value your claim.

In addition, extensive investigation is usually required in bike accident cases. Multiple parties may be liable for damages, and you may be entitled to pursue compensation from your own auto insurance policy if you have one. An attorney will determine all possible sources of compensation and handle all of the legwork necessary to pursue maximum compensation for you, including:

- Investigating the accident

- Collecting evidence

- Employing the knowledge of accident experts

- Discussing the scope and severity of your injuries with your medical providers and how they have affected your life

- Negotiating with all insurers

- Taking your case to trial if necessary

Most bike accident lawyers offer free initial case evaluations, so you really have nothing to lose. Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/receiving-fair-compensation-for-injuries-suffered-in-a-bicycle-accident/

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What are the Different Types of Child Custody?

 

If you are facing divorce or are involved in a custody dispute, it is important to understand the basics of child custody in Pennsylvania and how the different types of custody work. Good divorce lawyers are well-versed in all aspects of child custody and can help you understand your rights. Educating yourself about which type of custody you wish to seek can help you make informed decisions that are in the best interest of your child.

What is Custody?

Under Pennsylvania law, custody is the “legal right to keep, control, guard, care for and preserve a child.” Although an informal custody arrangement may be made outside of court, it is always a good idea to obtain a legal order to ensure that it can be enforced if necessary. It is also important to note that regardless of whether you are the mother or father of a child, you have equal rights when it comes to seeking custody of your children.

Types of Child Custody:

There are two basic types of child custody: Physical Custody and Legal Custody.

Physical Custody refers to where the child lives and spends their time. It may be granted to just one parent or to both, and falls into five separate categories:

1. Primary physical custody: This refers to a situation where one parent has physical custody of the child a majority of the time, and the other parent has custody or visitation rights the rest of the time.

2. Partial custody refers to the parent who has the child less than 50% of the time. For instance, if the child only spends time with one parent every other weekend, that parent typically has partial custody. This type of custody may be unsupervised or supervised by an agency, parent, or another adult, depending on the circumstances.

3. Shared physical custody is when both parents have equal (or close to equal) time with their children. For example, a child may live with each parent on alternating weeks or certain consecutive days of the week.

4. Visitation gives a parent the right to visit their child, but does not include the right to remove the child from a custodial parent’s control. Typically, visitation involves small periods of custody, such as just a few hours and may be supervised or unsupervised.

5. Sole physical custody refers to a situation where one parent has physical custody of the children all the time, as when the other parent is unable or unwilling to care for the child. However, parents who do not have any physical custody still may be entitled to legal custody, supervised partial custody or visitation.

Legal Custody gives a parent or guardian the right to make important decisions on behalf of the child, such as decisions regarding education, medical care, and religion. Ideally, when parents share legal custody, they agree on and make these decisions together. If one parent is unable or unwilling to make such decisions, the other parent could be granted sole legal custody. It is possible for a parent to have legal custody but no or very little physical custody.

How Custody is Determined

There are many different factors the court may consider when awarding custody. The main objective is to create an arrangement that is in the best interest of the child. If you are fighting for custody, child support or wish to modify an existing custody order, a family custody attorney can help to ensure your rights are protected and your child’s best interests stay in the forefront.

This blog was originally posted on https://www.pa4law.com/what-are-the-different-types-of-child-custody/

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What Factors The Court May Consider When Awarding Physical Custody

 

When parents are unable to come to an agreement about custody arrangements, the court must step in and make a decision in the best interests of the child. Although it is always a good idea to have a child custody attorney represent you, understanding the factors a judge may take into account when making a decision can help you prepare for how a custody arrangement may affect you and your children.

Common Factors Considered by the Court

Like most states, Pennsylvania courts decide custody issues by determining what is in the best interest of the child, and family law judges are given wide discretion in these types of cases. In Pennsylvania, there are 16 specific factors that a judge must consider, but some of the more-general relevant factors include:

Each parent’s living situation. The judge will look at where the child is currently living and going to school. For example, if two parents are going through a divorce and their child is thriving in a current stable environment, the court probably would not be inclined to drastically change the child’s living arrangements. The proximity in which parents live is also taken into consideration. If the parents live near each other, the court may order joint custody so both parents are able to spend significant amounts of time with the child. They will also consider whether each parent has taken measures to provide space for the child and is able to meet the child’s needs.

Each parent’s relationship with the child. One of the ultimate goals when deciding physical custody is to keep relationships intact. Some questions a judge will consider include:

- Which parent is more inclined to encourage and allow frequent and ongoing contact between the child and the other parent?

- Which parent has been primarily responsible for caregiving and has spent more time with the child?

- Which parent is more likely to be attentive to the child's physical, emotional, developmental, educational and special needs and maintain a nurturing, loving relationship with the child?

The court may also consider a child’s relationships with siblings, grandparents and other extended family members.

Parent availability. The court will consider each parent’s work schedule and ability to provide child care. In addition, the court takes into consideration the physical and mental health of both parents.

History of domestic abuse, neglect and drug or alcohol problems. A judge will take into consideration whether abuse or neglect has been perpetrated against the child, addiction issues, and the criminal history of both parents.

The child’s preference. If a child is mature enough, his or her custody preferences may be considered.

Is Gender a Factor when Considering Physical Custody?

No. In Pennsylvania, child custody determinations are required to be gender neutral. This means that regardless of whether it is a mother or father seeking physical custody, neither may receive preference based upon gender. In addition, child support typically does not affect a parent’s ability to obtain physical custody.

If you need assistance with matters surrounding custody or divorce, contact a child custody lawyer in Pennsylvania today.

This blog was originally posted on https://www.pa4law.com/what-factors-the-court-may-consider-when-awarding-physical-custody/

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Claiming Damages When Someone Else is Responsible for an Accident

 

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/

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