The Importance of Proving Negligence in a Personal Injury Claim

Whether someone is hurt in a car crash or injured in a slip and fall accident, the vast majority of personal injury claims require an injured victim to prove negligence. Learning about the legal concepts of duty of care and negligence can help you understand your rights and why it is important to have a seasoned attorney represent your interests. 

What is Negligence?

When someone fails to act with the proper amount of care that a reasonable person would exercise in the same situation, it is considered negligence under the law. Proving negligence goes hand-in-hand with the concept of duty of care, which must also be established in a personal injury claim. 

Duty of Care

People have a duty of care to act in a reasonable manner to avoid harming others. For example, when you get behind the wheel of a car you have a legal obligation to follow the rules of the road and drive safely. 

Achieving a positive outcome in a personal injury claim usually requires proving these four elements:

The defendant had a legal duty to the plaintiff to use reasonable care. For example, business owners have an obligation to keep their premises safe for all who enter. 

The defendant breached that duty by failing to act as a reasonable person should. For instance, a supermarket employee failing to clean-up a spill on the floor in a timely manner would be a breach of duty.

The defendant’s breach of duty caused injury or harm. In the grocery store scenario, a customer slipping and falling on the wet floor would be the “cause” of the injury. 

The victim suffered injury or losses that may be compensated by recovering monetary damages. Common types of damages include medical bills, lost wages, emotional distress, and pain and suffering are examples of damages. 

Gathering Evidence to Prove Negligence

Each case is unique, with multifaceted aspects that must be proven. Personal injury lawyers understand which types of relevant evidence are required to support the basis of your claim. For example, if you are involved in a car accident, evidence such as photos of the scene, pictures of your injuries, traffic camera footage, police reports, witness statements, and expert testimony from accident reconstructionists can help prove that another party was at fault for the crash and your injuries. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and overwhelming. In cases where there is very little evidence, proving negligence can be daunting. 

Comparative Negligence in Pennsylvania

In Pennsylvania, the concept of comparative negligence is often applied in personal injury claims. This means that even if you are partially at fault for your injuries, you may seek compensation for damages as long as you were less than 51 percent at fault. It is critical to seek the counsel of an attorney in these types of cases. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about how comparative negligence may be applied, you may not recover any compensation for your damages at all. 

Personal injury cases are complex. After an accident or injury, it is vital to contact an experienced attorney as soon as you can to ensure your rights are protected. A lawyer can evaluate your case, advise you of your options, and help you move forward if a claim is warranted.

This blog was originally posted on https://www.pa4law.com/the-importance-of-proving-negligence-in-a-personal-injury-claim/

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Personal Injury Settlements Can Be Impacted Due To Covid-19

 

During the coronavirus pandemic, many people suffered injuries due to auto accidents, slip and fall accidents, and other ordinary accidents. If you were one of these accident victims, you may bring a personal injury claim against the responsible party. However, the COVID-19 closure of many offices and businesses, and other issues, may affect your case, according to top rated personal injury lawyers.

Please be aware that the court system has been shut down for the most part during the outbreak and is now slowly reopening. A personal injury case will take more time than usual to move through the courts. While it is true that most personal injury cases will be settled out of court, most cases undergo at least one court hearing before a satisfactory settlement is reached. You may need extra patience while awaiting such a court date.

Millions of Americans are feeling the financial strain caused by the pandemic lockdown. Perhaps you feel that you urgently need compensation for the injury you suffered in an accident, most particularly if you are unemployed. Although accepting a settlement quickly from an insurer would be tempting, avoid making this mistake. An early settlement offer is not the final offer, and it is in your best interest to wait. Consult with your attorney if you are under financial pressure to settle.

Should your case proceed to trial, you might encounter stronger resistance on the part of the insurer. The coronavirus pandemic has affected every business, and the insurance industry is no exception. Insurers will tend toward minimizing settlements and are likely to delay or use other tactics to keep their settlement costs down. Be prepared to proceed further into litigation than you might have expected previous to the pandemic.

If you are suing a business that is not currently insured, you are likely to face considerable challenges in collecting a settlement. An uninsured business may not be able to pay a settlement and may even file for bankruptcy. If that would happen, you would wait a long time to receive a settlement or you may never receive the full settlement amount.

If you have been in a car accident, it is possible that the other driver has not kept up with insurance premiums due to unemployment or the recession. The other driver may be uninsured, which complicates your situation as the injured party, according to car accident lawyers. You may need to pursue benefits through your own uninsured/underinsured motorist policy with your insurer. If this should be the case, remember that your own insurer is now an “adverse party” and not “on your side.” Consult with your attorney about the best strategies and practices.

It is important that you receive medical treatment for your injuries, and during the pandemic you may have felt reluctant to visit a doctor or hospital. You must seek medical treatment as recommended by your doctors. Documenting that you have received care is extremely important to your personal injury case. Of course, always follow CDC guidelines on wearing face masks, social distancing, and so on.

Even if you are actively seeking medical treatment for your injuries, you may find there are delays in receiving medical appointments because health care providers are overwhelmed with coronavirus patients. This could mean you should postpone filing or settling your personal injury case. Your attorney will guide you in these important decisions.

Personal injury cases are more complicated in the era of COVID-19. Don’t delay making an appointment with an experienced personal injury attorney to discuss your case and the critical next steps.

This blog was originally posted on https://www.pa4law.com/personal-injury-settlements-can-be-impacted-due-to-covid-19/

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All You Need To Know About Medical Malpractice Lawsuits For HIPAA Violations

 

We all know that the Health Insurance Portability and Accountability Act (HIPAA) protects our right to privacy of medical information. That is why doctors’ offices, medical labs, hospitals and pharmacies have changed some ways of doing things to protect our right to privacy, according to top medical malpractice attorneys. If one of these health care providers fails to protect your private medical information, can you sue for a HIPPA violation?

The short answer is no. HIPPA itself precludes any “private cause of action.” Even if the health care provider clearly did not abide by HIPPA rules and you suffered some harm as a result, a private individual cannot sue under HIPPA. Only the federal government can assess penalties against a healthcare provider for violating HIPPA.

If you believe HIPAA Rules have been violated, you (and all patients) can file complaints with the federal government and in most cases, complaints are investigated. The complaint must be filed with the Department of Health and Human Services’ Office for Civil Rights (OCR). Complaints must be filed within 180 days of when you discover the violation.

You may choose to file a claim anonymously, but know that OCR will not investigate the complaint unless you identify yourself and provide a way for OCR to contact you. Complaints can also be filed with state attorneys general, who are authorized to pursue cases for HIPAA violations.

After investigating, the ORC may take actions against the health system or provider. The severity of the actions will depend on several factors, such as whether the violation was an accident, how many individuals were impacted, and whether this is a repeat violation of HIPAA Rules.

Many complaints are resolved through voluntary compliance, by issuing guidance, or by the offending organization taking corrective action to resolve issues that led to the complaint. The Department of Justice may pursue cases if a criminal violation of HIPAA rules is suspected.

Although you may not directly pursue a HIPAA violation lawsuit, you may take legal action against a health care provider and seek monetary damages under state law, personal injury lawyers say. In some states, you may sue the health care provider on the grounds of negligence or for a breach of an implied contract. You would likely need to prove that you suffered some harm or damages due to the failure to protect your private information.

You should be aware that a lawsuit like this can be very expensive and time-consuming, with no guarantee that you will win. Health care providers usually are covered by medical malpractice insurance, and the insurers’ legal teams are known to drag out a legal case with the hopes that the plaintiff will give up.

Another way to take legal action against a health care system or provider who has failed to protect your private data is to join an existing class-action lawsuit. The more individuals involved, the stronger the case is likely to be.

If you believe your right to privacy has been violated, be sure to consult with an experienced attorney who is knowledgeable about medico-legal issues.

This blog was originally posted on https://www.pa4law.com/all-you-need-to-know-about-medical-malpractice-lawsuits-for-hipaa-violations/

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COVID-19: Medical Malpractice Risks While Treating Patients

 

The coronavirus pandemic has stressed the health care system in many ways. With long shifts spent caring for extremely ill COVID-19 patients, health care providers also have been presented with untested treatment protocols. The best malpractice attorneys will say that health care providers face the possibility of an increase in the number of medical malpractice cases.

The first steps health care providers can take to protect themselves from malpractice claims is to make sure their malpractice insurance carrier will cover them in the event of a lawsuit:

- Is the physician helping-out at a facility in a state other than where he or she was licensed? If so, find out if that state has waived its licensing requirement.

- Notify the insurance carrier, in case the state where the doctor is helping-out has a different liability limit.

- Is the physician providing care outside their specialty or expertise? The doctor should notify the insurance carrier.

Medical malpractice cases hinge on “standard of care,” according to top-rated personal injury lawyers. Did the health care provider’s actions/decisions meet the standard of care for this particular disease or condition? If the answer is “yes,” then proving medical malpractice becomes very challenging for the plaintiff’s attorney. He or she then must prove outright negligence or intent to harm, which are difficult to prove.

Because so much about COVID-19 was and is still unknown, the medical community does not have a standard of care for this disease. Instead, in an attempt to save acutely ill patients, physicians were compelled to try treatment protocols that were unproven on this previously unknown disease.

What steps might a doctor take to document that an acceptable standard of care was met?

1. Document that all known standards of care on infection prevention and control were met.

2. Document the reasoning behind treatment decisions, once again meeting an acceptable standard of care whenever possible.

3. Document that he or she is staying up to date on treatment recommendations from infectious disease specialists.

If a hospital becomes overwhelmed with COVID-19 patients, the risks within the emergency department (ED) are compounded. ED is where incoming patients are triaged, and it is likely that COVID-19 suspects will be prioritized. However, COVID-19 testing can be unreliable and patients may not be diagnosed correctly, so an accident can occur.

For instance, it may be difficult to discern whether a suspected COVID-19 patient should be sent home to isolate and receive palliative care, or be admitted to the hospital. If the patient’s condition does not progress to severe symptoms, he or she may be better off at home, as long as there is a place for the patient to isolate and recover. However, if the patient’s symptoms were to become serious, it would be best to have the patient in the hospital to receive immediate, advanced support such as a respirator or ventilator.

In addition, patients with other acute medical conditions may not be prioritized as they should be. If these patients are “missed,” the doctor and health care system is at great risk for a medical malpractice lawsuit.

Need to know more about medical malpractice in the age of COVID-19? Be sure to contact an experienced attorney at Perna & Abracht LLC for a free consultation.

This blog was originally posted on https://www.pa4law.com/covid-19-medical-malpractice-risks-while-treating-patients/

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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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Divorce In A Pandemic: 5 Things To Do Now

Some married couples who have been ordered to shelter-in-place due to COVID-19 have found they are no longer satisfied with their marriage and are considering divorce. You may not be able to take all the actions you would wish due to the courts being temporarily closed or badly back-logged. However, there are common-sense steps you can take now that will help your divorce lawyer achieve a better eventual outcome on your behalf.

1. It starts with you. What is your most important job? Being an attentive parent. The bright side of lockdown is that you have extra time to spend with your children. Remember that if you are facing a custody dispute, you will be evaluated as to whether you can provide a safe and stable home environment for the children. If the children are taking online classes, take an interest in their schoolwork and homework. Supervise the time they spend online and connecting with friends, to make sure they do not make any new friends who are inappropriate for any reason. As the shelter-in-place orders are lifted, stay in the home with the children. A child custody attorney will tell you, no matter how much your spouse annoys you, if you were to move out and leave the children with your spouse, a judge could interpret that unfavorably for you in the custody arrangement.

2. Dear Diary. Now is the time to keep a diary of all your activities with your children. Record the time you spend with them during homeschooling, supervising homework, and doing enjoyable activities such as cooking, baking, exercising or watching appropriate television programs and movies on TV. Also, record the time the other parent spends with them. Have there been arguments or ridiculing comments made in front of the children? Record all this too.

3. Documentation is important, but it gets tricky if you are in isolation with your family. There are likely no witnesses to parental behavior (other than your children). Gather records of online education and other ways to document the time you have spent with the children. Discreetly, when you can, make copies of documents pertaining to finances, including pay stubs, records of any loans, credit card statements, bank records, and retirement savings records. Your child support lawyer will need these to help protect you financially. This may be the ideal time to work on a new Will, and find a lawyer to draw up a Will. To make sure everything stays confidential, obtain a cell phone that is not part of your family’s plan, and create an email account that your spouse cannot access.

4. Social Media “diet.” Put yourself on a social media “diet.” Post less and more discreetly to social media, because it is easy to make a mistake that can cost you in your divorce or custody case. Do not mention your divorce or custody case on social media, belittle your spouse, or complain about your domestic situation. Ask yourself: “How does this Social Media post reflect on me as a parent?” In general, the less posted is better while you are going through a divorce or child custody litigation.

5. Establish legal counsel. If you are contemplating divorce, it is never too soon to establish your legal counsel. Law offices may be closed, but lawyers will certainly take or return your call. Now is the time to place in your lawyer’s hands the documents you have collected and recorded. If you have a specific question about your situation, schedule a free consultation with an experienced legal team. This, can be done electronically (ie., by telephone, Facetime, skype, Zoom or the like) until the COVID-19 crisis is behind us.

This blog was originally posted on https://www.pa4law.com/divorce-in-a-pandemic-5-things-to-do-now/

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When And How To Terminate Child Support? Everything You Need To Know

It is not unusual for divorced couples to struggle with obligations such as child support and visitation schedules. It is also tempting to link these obligations in your mind. For instance, if one ex-spouse withholds or alters child custody, the other ex-spouse may retaliate by delaying child support payments – or vice versa. This is a mistake, according to the best child support lawyers, because the court views these obligations separately.

A parent’s obligation to pay child support continues no matter what the relationship between parents or between parent and child. Do not stop paying child support even if the child is not available for your scheduled custodial time, as the consequences for you are often dire.

What should you do if your ex-spouse is not following the court-ordered custody schedule? You may take this matter directly to the court, but it is advisable to first take the matter to your family custody attorney to learn about your options. It is always best to explore all of your options for resolving the matter before taking the court’s time and attention and incurring more legal fees than necessary.

If custody is strained due to changing needs as the child grows up, it may be worth a discussion of the custody schedule with the ex-spouse. Every schedule is based on the individual needs of the child and family, and good divorce lawyers can help you formulate a custody schedule and get agreement to it from the other parent. Different custody schedules include:

●    Alternating weeks of custody;

●    Overnight visits every other weekend;

●    One weeknight visit per week;

●    One- to six-week visits during school breaks and summer;

●    Special holiday and birthday custody schedules; and

●    Any other reasonable schedule that works for the parents and children.

A delay in child support might be due to a parent being laid-off from a job. If there is a legitimate change in circumstances, you may seek a formal modification of child support. This petition can be taken to the court that issued your child support order. Discuss this with your attorney rather than simply stopping the child support payments. The consequences of nonpayment are serious and can include losing your driver’s license or even serving jail time.

Child Emancipation

An older child may request emancipation from a non-custodial parent. The court will consider the age and maturity of the child before granting emancipation. The age of 16 may be considered appropriate, but this will vary by state and by court. The court will ask the child to express his or her reasons for requesting emancipation and may also consider whether the child has had a job or is a good student.

Other reasons for emancipation might include marriage to an older spouse, military service, abandonment of the parental home, and economic independence of the child (the child is an entertainment or sports celebrity for example).

It seems as though emancipation for any reason would end the parent’s child support obligation, but the court must formally relieve the parent of this obligation. Courts are reluctant to terminate child support obligations due to concerns that the state later may need to support the child financially.

Graduation from High School or Becoming an Adult

A parent paying child support is usually not obligated to continue to pay support once the child graduates high school or becomes an adult in the eyes of the state, but the parent should get the support obligation formally terminated by the court rather than just stopping payments.

If you are struggling with terms of custody and/or child support agreements, be sure to sit down with an experienced attorney from Perna & Abracht LLC before you take any further action.

This blog was originally posted on https://www.pa4law.com/when-and-how-to-terminate-child-support-everything-you-need-to-know/

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