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Personal Injury Frequently Asked Questions (FAQs)
If I’m injured in an automobile accident, what are my responsibilities and what are my rights?
What is underinsured motorist coverage and why is it important?
Can trucking companies destroy key evidence in a tractor trailer accident, such as driver logs?
How long do I have to file a claim for medical malpractice?
If I’m injured in an automobile accident, what are my responsibilities and what are my rights?
Any time you are involved in an automobile accident in PA, you should notify the police right away – to secure aid, prevent further traffic situations and file a police report. If you are not hurt but other persons have injuries, render aid whenever possible, regardless of who was at fault. Contact your insurance company as soon as you are reasonably able. Note that you do not have to provide a statement to the other driver’s insurance company at this time – and you shouldn’t, until you understand the extent of your injuries and have consulted with a PA car accident lawyers. Contact the Pennsylvania auto accident lawyers at Munley, Munley & Cartwright, P.C. to discuss the facts of your case.
What is underinsured motorist coverage and why is it important?
Underinsured motorist coverage protects you when you are involved in a motor vehicle accident with another driver whose insurance coverage isn’t adequate to compensate you for your injuries. Many people wrongfully assume that the other driver’s insurance company will simply “pick up the tab” for all of their medical expenses, but that isn’t the case – and underinsured motorist coverage can make a tremendous difference when you find yourself injured due to the driving of someone with only minimal insurance. Your own policy will cover the rest of your bills up to the amount of the policy coverage.
I was hurt badly in a collision with a tractor-trailer, but I don’t know how a lawsuit would help me. The truck driver isn’t going to be able to pay for my medical bills even if a court rules in my favor. Why should I pursue a claim?
You should consider legal action if the driver’s actions resulted in severe injuries to you or your passengers, regardless of what you think of the driver’s financial status. Your claim will most likely be against the trucking company because the driver was acting as a representative of that company when you were hurt. Also, any legal action you take because of an individual driver’s actions sends a clear message to the trucking company that negligence will not be tolerated. If your truck accident was the result of driver fatigue, it’s possible that unreasonable working hours and deadlines were the real culprits – and the trucking company should be held responsible.
Can trucking companies destroy key evidence in a tractor trailer accident, such as driver logs?
The law requires trucking companies to retain certain documents for a minimum number of days – but after that time, the paperwork can be destroyed. Important evidence in a truck collision case can easily be lost because of this practice, making it essential to contact a PA truck accident attorney promptly while there is still an opportunity to secure evidence.
If I am injured while operating my motorcycle without wearing a helmet, is it automatically considered my fault?
First, not everyone operating a motorcycle in Pennsylvania is required to wear a helmet. If you are over 21 years of age and have completed one of the approved motorcycle safety courses, or you have had your motorcycle driver’s license for at least two years, you may not be required to wear a helmet. If you do not meet those requirements, your lack of headgear could possibly be construed as comparative negligence – which is the idea that you are partially to blame for your injuries – and your compensation could potentially be reduced as a result. However, an experienced PA motorcycle accident attorney familiar with Pennsylvania motorcycle laws will fight for maximum compensation regardless of your helmet status.
Insurance stacking is an option available in Pennsylvania that allows you to add your motorcycle and car coverage to the same policy to increase the total coverage. If you are injured in an accident while operating either vehicle, the coverage amounts will be combined to maximize the benefit. However, you must ask for your coverage to be stacked, and this option is only available on underinsured or uninsured motorist coverage.
My cancer wasn’t diagnosed because a radiologist failed to read my test results properly – but when I contacted the hospital, they claimed the radiologist wasn’t their employee and therefore they aren’t responsible. How is this possible?
Specialists, including radiologists, may offer services at a hospital facility without actually being hospital staff. When a healthcare provider who is not an employee fails to provide the accepted standard of care, the hospital may try to deny blame. This has become increasingly tricky in Pennsylvania as laws have made it easier for hospitals to avoid legal action resulting from non-employee practitioners. However, there are exceptions – an experienced PA medical malpractice attorney knowledgeable in Pennsylvania malpractice law can review your case to determine who can be considered liable for your missed diagnosis.
How long do I have to file a claim for medical malpractice?
In most cases, Pennsylvania law allows for two years from the date of injury – or, from the date your injury was discovered. This distinction is important because there are instances in which you may not be aware of the injury right away. Misdiagnosis and failure to diagnose are both common malpractice scenarios, and the ramifications of these errors may not be apparent for months or longer, depending upon the illness.
My relative lives in a nursing home, and I suspect employees there have been negligent in caring for her. What can I do if the nursing home fails to address my concerns?
You can contact the local ombudsman representative from the Department of Aging (also known as the Area Agency on Aging). The nursing home is required to post the name and number of the local ombudsman prominently in the nursing home – or you can locate the telephone number in the blue section of your telephone book. You can also contact the Department of Health at 1-800-254-5164. Contacting a PA nursing home abuse lawyer may help secure compensation if your relative has suffered injuries you believe to be directly attributable to the nursing home care. However, if you believe your loved one is at risk, do not hesitate to remove her from the home and contact officials after the fact.
I believe nursing home staff members are giving my mother heavy sedatives so they won’t have to bother with her as frequently. Is this legal?
Sedating nursing home residents for the purpose of keeping them calm is known as chemical restraint, and it is only legal when a doctor has signed an order for a specified time period and for a medical reason, or when residents pose a threat to themselves or others. Sedating just so the staff doesn’t have to provide frequent care should not meet either of those conditions – consult with an experienced PA nursing home neglect attorney or contact the Department of Health.
Why do so many prescription drugs turn out to have dangerous side effects after they are sold to the public?
There are two main reasons. First, sometimes the testing process of a new drug is expedited in the rush to get the medicine in market. The pharmaceutical industry is highly competitive, and companies are eager to be the first to launch a new drug. When testing is rushed, there isn’t enough time to gather the data necessary to discover all side effects. The second reason is that even when thorough testing is conducted, testing isn’t infallible. Testing is conducted on a specific segment of the population and it won’t show the results of the drug on every single person. This is particularly true when drugs are first developed for adults and then gradually become prescribed to children.
I just learned that I have a chronic disease that may have been caused by a prescription drug I took three years ago. Can I still file a lawsuit?
Even if you haven’t taken the medication in three years, statute of limitation laws date back to the injury date – or the date your injury was discovered. In this case, you didn’t know you had this chronic disease until recently, so the date you received your diagnosis is considered the date of discovery. However, you should consult PA prescription drug injury attorney immediately, particularly if the drug that harmed you has been involved in any other claims.
If I believe my spouse was killed not only due to someone’s negligence, but because of deliberate intent, does that affect my wrongful death suit?
Yes. Compensatory damages are the type of financial award you can expect for most wrongful death claims, and these are intended as a way of making the defendant pay to restore you to your ‘normal’ life as much as possible. However, if you can prove there was malicious, deliberate intent in your spouse’s death, you may also be able to file for punitive damages. These are intended as punishment for the defendant, above and beyond what is considered appropriate as compensation. Also, depending upon the circumstances, the existence of deliberate conduct like that may constitute criminal charges in addition to a personal injury claim of wrongful death. Consult a PA wrongful death lawyer for a more thorough review of your case.
What’s the point of a wrongful death lawsuit? It isn’t going to bring back my spouse, so why should I bother?
A wrongful death claim cannot undo the terrible loss you have suffered, but it can accomplish several important purposes. First, it can offer some degree of economic security for loved ones left behind. Suffering the loss of a spouse, child or parent is bad enough; you shouldn’t have to struggle to pay the bills, or relocate, or worry about how you will pay for your children’s education. Second, legal action is a means of holding those responsible for your loved one’s death accountable in the court system for their negligent actions. A lawsuit makes a statement that says careless, reckless, negligent behavior that results in death just isn’t acceptable. Third, your lawsuit may help prevent other families from undergoing the same loss you have already experienced. A company that has to pay damages because of unsafe policies may be forced to change those practices, saving other lives.
