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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5 Steps You Should Take if You Are Injured in a Motorcycle Accident

Emotions run high after any motor vehicle accident, and these emotions are not your friend. If you are injured in a motorcycle accident, it is important to remain as calm as possible and act logically to call for help, document what happened, and gather information from the other parties involved in the accident. Be sure to stay focused on these tasks and do not make any comments or have conversations that could be interpreted as admissions of fault. Following are five steps to take to assist your personal injury attorney in achieving a successful outcome for your claim of personal injury.

1.    Check for injuries. It may be apparent that you are injured, or perhaps not, as you may be stunned and overcome with emotion. Carefully check yourself for the type and severity of injuries, and then check to see if others have been injured in the accident.

2.    Documentation. Everyone carries a mobile phone these days, and if yours is handy (and you are able), it is a good idea to take photos immediately (before any vehicles are moved).  The best car accident lawyers would suggest taking photos of the vehicles involved and the surroundings. Remember that the aftermath of an accident can be dangerous, so do not risk further injury to yourself or to others in an attempt to take the photos.

3.    Make the scene as safe as you can until help arrives. This would include moving your motorcycle off the road when it is safe for you to do this. Drivers of oncoming vehicles do not know there has been an accident, and having vehicles and debris on the roadway could cause more accidents and injuries. According to the American Bar Association, this could be considered negligence and you could be held responsible.

4.    Call 911 right away. Making the 911 call is not considered to be an admission of fault or guilt. If you have called 911, a police officer will arrive and collect information for a police report. This is likely to be an important document in your personal injury claim. Speak with the police officer, get his or her name and badge number, and find out where the police report can be obtained. Report the injuries you have observed or that have been reported to you. Also gather information about the other driver(s), passengers and witnesses, ideally including:

•    Names, phone numbers and email addresses

•    Make and model of involved vehicles, their license plate numbers and vehicle identification (VIN) numbers

•    Names and contact information for insurance companies

5.    Inform your insurance agent. This should happen as soon as possible after the accident. Be prepared to share the documentation and information that you gathered. The best accident attorneys will advise you to avoid describing your injuries or the damages to your motorcycle at this time. Tell the insurance agent you will report your injuries after being examined by a doctor, and damages to your motorcycle after a mechanic has looked at it. The extent of injuries and damages often are not immediately apparent.

What are the reasons you may need an attorney after you have been injured in a motorcycle accident? Maybe your injuries are severe and/or will have long-lasting effects on your health and your ability to work. Perhaps you were not at fault and the other involved parties claim it was your fault. Your insurance company might deny your claim. All of these are reasons to contact the experienced personal injury attorneys at Perna & Abracht, LLC who will assist you in achieving the best possible outcome.

This blog was originally posted on https://www.pa4law.com/5-steps-you-should-take-if-you-are-injured-in-a-motorcycle-accident/

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

Motor vehicle accidents are a common occurrence. If the accident you are involved in is minor (a so-called “fender bender”) and no person is injured, you can likely handle filing the insurance claims yourself. However, a more serious accident can have far-reaching effects on your health, career and entire household.

If you or another person is injured, there is potential for these consequences. You should hire a car accident lawyer as soon after the accident as possible. In every state, there are differing deadlines for filing a personal injury claim. Also, good legal advice will help you to avoid making mistakes that could be costly to you and your loved ones.

Motor vehicle accidents are the most common reason for a claim of personal injury in the U.S. That does not make filing these claims easy or simple. When personal injuries have occurred, you need a top rated personal injury lawyer to help you with the huge amounts of documentation and interaction with insurance companies. An experienced attorney will also ensure that you are fairly compensated for medical bills and other losses that occur now, and which may continue to affect you for many years or the rest of your life.

If the worst has happened, and a loved one has been killed in a motor vehicle accident, an experienced attorney is your family’s most important ally, particularly if the driver was impaired due to alcohol or drug use or was driving recklessly.

How to choose a motor vehicle accident attorney

The best accident attorneys are well-versed in handling the array of issues caused by personal injury, wrongful death, destruction of property, and liability determinations.

The outcome of your case will depend on your attorney’s knowledge of state and national transportation laws, experience in dealing with insurers and medical care companies, and proven ability to prepare and settle a personal injury claim. Here are six questions to ask a car accident lawyer:

1.    How much of your law practice is focused on motor vehicle cases?

2.    Please describe your experience in handling cases with this type of injury.

3.    In your experience, what is a typical settlement for a case like mine?

4.    Will you handle my car accident case yourself?

5.    What is your fee structure for this type of case?

6.    Do I have to pay for expenses you incur on my behalf?

Always check your lawyer’s background and references to make sure he or she has the track record and experience to handle a case like yours.

Legal fees

An attorney experienced in car accident cases will only accept your case if he or she believes that monetary damages are likely to be recovered. The usual fee arrangement is a contingency basis, which means the attorney only gets paid if he or she wins monetary damages on your behalf.

According to American Bar Association, the typical fees of an accident lawyer will be about 30 to 40 percent of your total compensation. Be aware that costs incurred on your behalf are not the same as attorney’s fees. You may be required to pay for some expenses out of your own pocket (clarify this with your attorney).

If you or another person has been injured in a motor vehicle accident, don’t delay in contacting Perna & Abracht, LLC to connect with an experienced car accident attorney.

This blog was originally posted on https://www.pa4law.com/when-do-you-need-to-hire-a-motor-vehicle-accident-lawyer/

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Personal Injury Lawsuits: 13 Things You Should Know

It’s often traumatic to suffer an accident or injury, and the consequences can be life-changing. If another party is liable, you have grounds for a personal injury lawsuit. Here are 13 things you should know that could help your case.

1.    Document the injury from the very moment it happens, before you even meet with your attorney. Take photos and/or videos (even if you must ask someone at the scene to help you).

2.    Write down everything you can remember about the incident – before, during and after - and obtain names and contact information of any potential witnesses (this is especially important if you were in a car accident.)

3.    Contact Perna & Abracht LLC at (610) 444-0933 to consult with an experienced personal injury attorney who will guide you and protect your interests every step of the way.

4.    Your personal injury attorney will also need documented evidence proving the extent of your injuries. Be sure to include not only physical injuries, but mental and emotional as well.

5.    Keep records of all your treatments and record any impact on your work and personal life. You may want to consider keeping a daily – or even an hourly journal -- to assist your accident lawyer in building your case.

6.    If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured. Also, keep all packaging, instructions and receipts that accompanied the product.

7.    In all cases, visual evidence is helpful to your attorney, as are expert testimonies from professionals who can collaborate your story. Your attorney will guide you in gathering evidence to build your case.

8.    Your attorney will take your case through civil court proceedings and will try to contact the other party to reach a settlement (filing an official lawsuit may not be necessary).

9.    Settlements may occur before, during or after any lawsuit is filed.  It is almost always best to seek this course first as it the fastest and easiest way to reach an acceptable conclusion for both parties. Negotiations will take place between personal injury lawyers who will then present the proposed settlement terms to both parties.

10.    You, the plaintiff, will agree to cease any legal action towards the defendant for an agreed-upon monetary amount. Special cases may require further action beyond monetary compensation.

11.    If both parties agree to the terms, then the personal injury lawyers can settle the case without ever taking it to civil court. For your own protection, be sure to consult with your Perna & Abracht LLC attorney before agreeing to any settlement, because insurance companies are notorious for trying to entice injuries claimants into settling the case for less than the claimant is entitled.

12.    Settling a personal injury lawsuit out of court can be beneficial. It spares you the duress of what could be a nasty and exhausting trial. Additionally, you can structure the settlement to meet your disability needs or to take advantage of tax benefits. Your attorney will be able to recommend the best settlement structure for you.

13.    If your case is strong enough, you may be able to obtain a larger settlement via court proceedings. Your attorney will want you to consider your future needs. What if your injuries later present future problems that presently, you haven’t even begun to consider? Not to mention simple changes in the economy that could render the settlement amount insufficient.

It’s important that you sit down as soon as possible with your personal injury lawyers at Perna & Abracht LLC to discuss your injuries and the circumstances of your case. Your attorney can help determine the best course of action for you.

This blog was originally posted on https://www.pa4law.com/personal-injury-lawsuits-13-things-you-should-know/

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8 Reasons You Should Hire an Attorney for a Bicycle or Pedestrian Accident

If you are injured while riding a bicycle or as a pedestrian, you should hire a personal injury lawyer as soon as possible after the accident. There are eight good reasons why it’s important to act quickly to hire an experienced attorney in these cases:

1.    Injuries are more severe. Because, as a cyclist or a pedestrian, you are totally exposed to the vehicle that hit you as well as to the ground, road surface or sidewalk. It’s possible you were “pinned” between them, and this produces greater trauma than if you had the protection of a vehicle around you. As a pedestrian, severe injuries can occur if the car is going as slowly as 10 miles per hour; pedestrian fatalities can occur when the car is traveling just 30 miles per hour

2.    At first, you may not know how badly you are hurt. If you are injured as a cyclist or pedestrian, and are conscious or even walking after the accident, you are likely to just be glad you survived. In your relief, you may not realize how badly you are injured. An experienced attorney knows that there may be serious injuries and long-term adverse ramifications that you do not grasp at the moment.

3.    You are not thinking clearly.  No matter if your injuries are minor or severe, you will be traumatized by the unexpected impact of a motor vehicle. This trauma will have an immediate effect on your ability to think clearly and act on your own best behalf. A personal injury attorney can take charge in a clear-headed and experienced manner.

4.    Insurance companies are not your friend. As with any type of accident, you should not have a conversation with an insurance company representative before speaking with your attorney. Good car accident lawyers know that insurance companies are not looking out for your best interest. Insurance companies usually are looking to minimize the amount of compensation they will have to pay. Do not say anything about your injuries, how you are feeling, or what actions you might be taking in the future before consulting with your attorney.

5.    You must be checked out professionally. The only way to know the extent of your injuries is to be checked thoroughly by medical professionals. This may include medical testing to determine if you have internal injuries or some hidden issue that could impair you in the future. Your attorney will ensure that you are checked-out thoroughly by credentialed medical professionals.

6.    Who pays for medical bills upfront? This is a good question, and your attorney will know the answer. States have differing laws on this; in some states, the driver’s insurance company is required to pay the medical bills for a cyclist or pedestrian the driver may have hit. As noted earlier, it’s likely for a cyclist or pedestrian to have more severe injuries, and the question of who will pay for immediate medical bills is a very important one.

7.    Recovering losses: your bike. For a person who is not a cyclist, it’s easy to consider your bicycle to be “just a bike.” Yet any experienced cyclist knows that bikes come in a wide range of price tags. Insurance adjusters usually are not well-versed in bicycle valuations and may drastically downgrade the amount of your loss. It’s even worse if the adjuster recommends repairing your bike, as bicycles involved in a car accident generally cannot be restored to their previous condition. Your attorney will take action to ensure that you receive fair compensation for the loss of your bike.

8.    Recovering losses for injuries and long-term ramifications. It’s very difficult to calculate a fair compensation for injuries suffered, particularly those with long-term ramifications. An experienced accident lawyer will protect your interests by professionally valuing your claim and by seeking fair compensation for a cyclist or pedestrian.

If you have been injured in a bicycle or pedestrian accident, contact Perna & Abracht LLC for a thorough evaluation of your case and your best next steps.

This blog was originally posted on https://www.pa4law.com/8-reasons-you-should-hire-an-attorney-for-a-bicycle-or-pedestrian-accident/

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

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

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

•    Insurance liability coverage

•    Complexity of investigation

•    Standards for owners of commercial vehicles

•    Standards for drivers of commercial vehicles

Insurance liability coverage

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

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

Complexity of investigation

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

Standards for owners of commercial vehicles

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

Standards for drivers of commercial vehicles

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

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

This blog was originally posted on https://www.pa4law.com/car-accidents-involving-18-wheelers-and-commercial-vehicles-what-to-do/

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Fathers: 3 Things You Should Know About Your Child Custody Rights

For many years, fathers who sought physical and legal custody of their child had an uphill battle, as courts favored the mother retaining custody. However, times have changed, and biological fathers are viewed as having the same parental rights as biological mothers.

Courts are compelled to make decisions in the best interest of the child. Generally, it is considered that joint custody between the biological parents is in the best interest of the child, but every child custody case is unique. There are three important areas that can affect your individual child custody case:

1.    How Paternity is Established

If the parents were married at the time the child was born, establishing paternity usually is straightforward. The court will assume the child is the product of the marriage, and the husband is the biological father. If the parents were not married at the time the child was born, you must prove that you are the biological father in order to gain rights to child custody.

The simplest solution is for the mother and you to both sign and file an acknowledgement of paternity with the court including the child’s birth certificate with you as the named father. The best divorce lawyers will tell you the simplest solution is not always possible.

If paternity is disputed, be prepared to undergo DNA testing to prove your biological paternity. If you are an unwed father who has not established biological paternity you will not have legal rights to child custody.

2.    Types of Custody

Overall, there are two types of child custody:

1.    Physical custody. This mainly has to do with where the child lives, and which parent cares for the child.

2.    Legal custody. This gives you the right to make important decisions on behalf of the child, such as medical, educational and/or religious decisions.

Today, in practice, there are several ways that child custody may be arranged:

•    Joint custody is when the child lives a portion of the time with the mother and a portion of the time with the father. This is granted if the court is convinced that both parents are able to care for the child when the child is residing with him/her. The active participation of both parents in the child’s life is now considered to be in the best interest of the child.

•    Sole custody is granted if the court is convinced that only one parent is able to care for the child. The other parent may retain partial custody rights as allowed by the court.

•    Primary physical custody is when the child resides primarily with one parent only, and the other parent has partial physical custody.

•    Bird’s Nest custody is when the child resides full-time in the family home, and the parents take turns living in the home and caring for the child.

3.    Factors Considered by the Court

You may wonder what factors the court may consider when awarding physical custody.  The court may deny any physical custody if you cannot provide a safe home, if there is evidence you have abused the child, if the you abuse drugs or alcohol, or if you have been absent from the child’s life for an appreciable amount of time.

It’s important to reach out to Perna & Abracht LLC for consultation on a child custody case, as well as related issues such as child support.

This blog was originally posted on https://www.pa4law.com/fathers-3-things-you-should-know-about-your-child-custody-rights/

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