When not done properly pipeline drilling can cause sinkholes and property damage. These are consider nuisances under the law. This podcast talks about what a nuisance is and gives examples of a recent nuisance, what that nuisance lawsuit would look like, and how an easement would affect your claims.
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Ask Andy The Statute Of Limitations
In Pennsylvania, you have two years to file suit on your personal injury claim. If you fail to file in two years, you can never bring a case. There are exceptions such as the date of discovery or age of majority, but generally we want to be filing cases well ahead of the period running. There is also the state tort claims statute that governs suits against cities and has its own shorter time limit.
I Was In A LYFT Car Accident
Were you in a Lyft or UBER car when you were in a car accident?
Who will help with your injuries?
Is there coverage for your medical bills?
When you are the PASSENGER in a Lyft or UBER vehicle:
When you are the passenger in an UBER or LYFT car, the driver has car insurance for his personal vehicle that you are riding in. But, that car insurance company will not be responsible for your pain, suffering, or medical bills.
This is because the car insurer will say that they will not insure a commercial vehicle.
So, you have to contact LYFT or UBER. Both of these companies actually have good insurance coverage compared to your typical taxicab company.
LYFT uses York Risk Group and Steadfast insurance. York is the point of contact if you are injured in a crash. I have heard a lot of complaints about York. Don’t be surprised if they are not organized or responsive to your requests. They are slightly more responsive to lawyers. In Pennsylvania, they have an obligation to deal fairly with injured crash victims.
“Elopement” Or My Mother Or Father Walked Away From The Nursing Home
Your family member walked away from their nursing home or went missing.
The nursing home did not realize they were missing until it was too late.
The nursing home industry and lawyers dealing with nursing home negligence call this Elopement.
This is not like marriage elopement where you skip the wedding formalities and just run off and get married.
When you put your family member in a nursing home or some sort of assisted living facility, you expect them to be safe, at a minimum.
Danger is to be expected when a patient who is supposed to be supervised leaves a nursing home facility unattended or without supervision.
Patients are in the nursing home because they need supervision.
They may have Alzheimers or other memory impairments. If the patient has memory impairments or other problems making good decisions, they will find it hard to get back to the facility. Or they will wander into dangerous situations like crossing unfamiliar streets or wandering into the woods.
Is My Case Worth Pursuing?
How do you know if your case is worth pursuing? You won’t know without asking.
How do you know if your client’s case is worth pursuing? You won’t know without asking.
I love getting calls about cases. I think it is interesting to hear the weird situations that befall people. If there is a case to be pursued, I listen for that. If not, I give the best advice I can and say thanks for thinking of me. Many cases are not worth pursuing because in the end they will not make the client enough money for the client to be satisfied. There is no reason to begin a case with a client if you know the result will not be satisfying.
Personal injury cases are very fact dependent. They all turn on little factual details and general areas of the law that apply to personal injury cases. As a client, you could not possibly know what a case is worth without some specialized knowledge of how “the system” values cases.
Here are some results from the past few years. Many of these clients had no idea that their case was valuable in monetary terms. They did know that they had been harmed by someone else’s negligence.
Underinsured Motorist Coverage (UIM)
Insurance issues: Are you covered? What would happen to you in this case? Do you know?
A nice young man is a passenger in a car driven by his friend. The friend is driving recklessly and crashes the car. The passenger’s leg is broken in the crash and needs surgery.
I get involved to make a claim against the man for my client’s injuries.
The driver only has $15,000 in coverage. His insurance company immediately offers to pay the $15,000 because in court the injury is worth a lot more than that. I would figure that the injury is worth $75,000 or so under these facts. So, the insurer and the at fault driver is getting a good deal by paying only $15,000 for something worth $75,000. So, we consider the at fault driver to be underinsured.
Now what?
Well, car crash lawyers know this situation as one with an UnderInsured motorist (UIM). Simple right?
Well, the first thing we do is cross our fingers and request the client’s insurance declaration page. Did he request or reject Underinsured Motorist Coverage? In this case, phew, he requested it in the amount of $15,000. Yay.
Texting While Driving and What Happens in Actual Case Situations:
Unless you witness someone with their head looking in their lap when they strike you, it is often pretty hard to prove that someone was texting and driving at the time of an accident. This is because texts are not usually time stamped to the moment of impact and the moment of impact is usually not nailed down to a matter of minutes or seconds. To further complicate things, most people begin to frantically send texts immediately after the accident to friends and family.
Nobody writes down or notes the moment of impact. Police respond when they are called and usually note the time of accident as approximately the time they arrived on the scene.
Does this matter? Yes, because most people who are texting and cause accidents will deny texting as most people know it is illegal to text while driving.
Nevertheless, texting is often the only reasonable explanation for why an accident occurred. When an otherwise sober person causes a major accident on a clear sunny day, there are only a few explanations and distracted driving is the usual culprit.
Why Did You Sell Your Rights Away?
Limited tort means you sold your rights away. And, you sold them cheaply too.
Did the auto insurance company tell you that? Do you know you are limited tort?
Check your declaration page or the statement of coverages. If it says limited tort, then you saved about $150 per year. In exchange, your insurance company got you to agree that you cannot sue for pain and suffering unless you have a serious impairment of a bodily function. What does that mean? It makes your case harder to pursue and riskier. In a suburban county, you might only be able to recover your lost wages or medical expenses.
Did you know that you gave up these rights? No.
Were you promised a cheaper policy? Yes.
Did you know that a year’s worth of physical therapy might not be considered pain and suffering?
Are there exceptions to limited tort? Yes, but there are limited exceptions.
At your next renewal, investigate whether you are limited tort or not. If you need your policy reviewed, I can give you an answer on what it provides in about 30 seconds.
Know Your Rights With Underinsured Motorist Coverage
Pennsylvania law says that your insurer must offer you insurance, called underinsured motorist (UIM) coverage, in case you are hit by a driver who does not have enough insurance. UIM insurance is part of every auto policy.
You wouldn’t knowingly value your own well-being less than that of a stranger who injures you in an accident. Unfortunately, this happens to many people when selecting underinsured motorist coverage.
Here is a typical example:
You are stopped at a red light and hit from behind.
The person who hit you had the minimum Pennsylvania policy of $15,000.
You carry $50,000 in coverage for people you injure.
You injure your rotator cuff, needing physical therapy, pain injections, and surgery. Your case is worth $100,000 or more.
What happens? The driver who hit you has $15,000. His insurance company says, here you go. Here is $15,000. Have a nice day.
You could turn around and claim on your insurance policy’s $50,000 underinsured motorist coverage if you have it, but not everyone has that amount of UIM coverage. Many time, an insurer will offer you a lower premium to have $50,000 in coverage for hitting other people, but only $15,000 if you are injured by an underinsured driver. It is a cheaper policy if you agree to less underinsured coverage.
Are Airbag Injuries Common in Car Accidents
While the airbags may save you from something far worse, they often produce unexpected injuries in the course of doing their job. These devices have saved many lives, but the need to deploy an airbag in a split second before you would hit a door or steering wheel generates its own set of dangers.
Let’s take an example of a car being run off the road by a drunk driver and hitting a telephone pole which causes the airbags to deploy. What sort of injuries commonly result?
First, the force of the airbag can by itself cause a concussion as your brain is banged around inside your skull.
Second, you can suffer tinnitus. Tinnitus is a persistent, disturbing ringing in the ears which can result from the force of the airbag inflator causing increased pressure inside the closed vehicle. The increased pressure causes injury to the driver’s inner ear. Dealing with tinnitus is a difficult problem as many people suffering from tinnitus don’t initially associate it with the car accident or the airbag deployment.
Helping You Start
Neu & Defending
Your Wirth
Getting your life back together after a serious injury can feel like an impossible mountain to climb. Neuwirth Law Office, LLC is here to help shoulder the burden and fight for full payment on your behalf. We are available 24/7, and we offer complimentary consultations to discuss your case in detail before deciding on legal action.
From our office in King of Prussia, PA, Neuwirth Law Office, LLC serves clients throughout the greater Philadelphia area, including Allentown, Ambler, Bala Cynwyd, Blue Bell, Collegeville, Conshohocken, Emmaus, Hatboro, Jenkintown, King of Prussia, Kutztown, Lansdale, Macungie, Norristown, North Wales, Pottstown, Reading, Royersford, West Reading, and Wyomissing, as well as Berks County, Lehigh County, and Montgomery County.
Results listed are not a guarantee or indication of future case results.
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