PA Accident Lawyer

8 AUTO ACCIDENT MYTHS YOU MAY HAVE HEARD

BELIEVE THESE AUTO ACCIDENT MYTHS AND YOU WILL REGRET IT!

• If you are reasonable and honest with the insurance company you will get a reasonable settlement proposal from them.
• When you are in an accident and the insurance company asks you for a recorded statement, you must give them a recorded statement or they won’t settle with you.
• The insurance company for the person who hit you is obligated to pay your medical bills as they are incurred.
• The tort liability system is like a lottery which helps an accident victim “get rich.”
• Merely because there has been an accident that wasn’t your fault, there must be some insurance company that will pay your bills, lost wages, and compensate you for your injuries.
• It is a good idea for your lawyer to refer you to a chiropractor or other doctor.
• If a lawyer has a big, expensive full page ad in the Yellow Pages or a television ad, he or she must be a good lawyer.
• Pennsylvania juries are generous.

Visit  the Worthington Law Group, located in the Philadelphia, Pennsylvania area, to learn more about what happens after the auto accident.

Why am I writing this blog?

I am sick and tired of seeing insurance companies take advantage of people “before” they have had a chance to speak to an attorney. For years, one major insurance company would encourage claimants to not hire an attorney. Frankly, you may not need an attorney to represent you in your case, depending upon the facts; however, you should be armed with this important information from the very onset of your claim. This report is to inform you today – not tomorrow which may be too late.

You are at a complete disadvantage when you deal with the insurance company. The insurance adjusters who handle claims do it all day, every day. This is the way they get their paychecks and pay their bills each month. You may be very intelligent and successful, but you are probably not a claims professional; but they are claims professionals. Think of it in terms of baseball. If you went to bat against a major-league pitcher, you could get lucky and foul off a pitch or two, but try hitting that big-league curve ball. You would probably strike out.

I don’t want you to strike out in your case and neither do you. I'm writing this blog to help level the playing field. If you have any questions about an accident in which you, a family member, or a friend have been injured, you need the advice of someone who understands the system and the way insurance companies think. Basically, the insurance company wants to close the file and get you to release all of your claims.

Here are some tactics insurance companies have used in some of our cases just to wear you out and get you to go away or to settle for less than you should:

1.    Deliberate delay. The insurance company knows that often, after an accident, you are under financial pressure to replace your car and sometimes you have lost wages due to your injuries. They take their time with your claim so you feel a sense of desperation and worry about your medical bills, losing your job and having your credit affected by unpaid medical bills.

2.    Requesting Unnecessary Information. The adjustor will insist that you run a “wild goose chase” to track down every little piece of information before they can “evaluate your claim.” Even if you were rear-ended, they will make you produce a police report if their insured disputes your story of how the accident happened. Sometimes the police report isn’t available for weeks! They don’t mind waiting a few weeks for you to do the leg-work. Meanwhile, they are earning interest on your money in their coffers!

3.    Disputing Medical Treatment. You may not be aware of this, but some companies use a computer program to determine how long you need physical therapy for certain injuries. Not only that, without any formal medical education, and even before your doctor writes a report, they “know” when you should be recovered from your injuries. Meanwhile, they have no conscience about having you sign a blanket medical authorization which allows them to look at all of your medical past––not just your accident-related records. They can use your old irrelevant medical history to blame your injuries on some prior condition your suffered.

4.    Deny some medical charges, even if clearly related to the accident. Just think. If they shave merely 5% off your claim, and can do that to the millions of claims made each year, they will get richer. Do you think you will get a discount on your annual auto insurance premiums because of the money they have saved? Well, do you recall any year in which your insurance premiums decreased from the prior year? I sure don’t.

5.    Misrepresenting or omitting to fully represent Insurance Benefits. This one is really bad. They tell you that there is only $100,000 of coverage. After we file a lawsuit, we suddenly find out there is an umbrella policy for $1,000,000! Don’t you think they knew that before we filed a lawsuit? Of course they did!

6.    Acting like your Buddy and Making False Promises. Don’t kid yourself. No matter how badly injured you were or how sympathetic the adjuster sounds on the phone, he is not your friend. Beware the adjuster who befriends you, shows up at your house and promises to pay future medical bills. This is an infamous tactic to stop you from hiring a lawyer. I assure you they won’t come around to your home after you hire a lawyer! As to those future medical bills, don’t hold your breath waiting for payment based on the insurance company’s promise. They will only pay the bills until their computer program tells them the claim is costing them too much. Your own insurance company can become your enemy and your credit can be damaged when they start shooting down your medical bills. Do you think the doctor will simply “write off ” your billing because the insurance company won’t pay? Of course not. Your bills will end up in collection and that could destroy your credit.

Beware of outrageous lawyers advertising of many offices, which I call “accident mills,” attempt to handle hundreds of cases at a time making promises that can’t be kept or to equate your injury to cash, cash, cash. In these firms your case is rarely handled by the attorney you thought you hired and you are often passed off to an inexperienced associate or paralegal. If you hire an accident mill lawyer, you will be lucky if you ever speak to the attorney you thought you hired!

Most lawyers would require you to make an appointment in which you would get some of the information that is provided in this blog. You should have access to this information right now and without any pressure. The hiring of an attorney to represent you is an extremely important step that could make or break your case.

Certainly, if you need immediate advice or have a pressing question about your accident even before you finish this blog, do not hesitate to call Worthington Law Group at 215-576-5150 or toll free at 1-866-644-2389. You can also visit our web site at www.worthingtonlawgroup.com for more information about the firm and it's approach to accident claims.

The War Zone

You entered a so-called “war zone” once you are injured. You are at war, but it is a war that can be won. Insurance companies, and some in the government, have “declared war” on injured people and their attorneys. They wage the war in the media and the propaganda has had a tremendous effect on juries and their verdicts. This is called tort reform. The success that insurance companies have had in prejudicing the minds of jurors have emboldened them to not offer fair settlements until you prove to them that you are ready, willing, and able to go to trial.

Admit it. Until you or a family member got injured, you, too, may have thought that a personal injury lawyer is a bad person and that people who make claims and file suits are stealing from society. The insurance companies paid a lot of money to brainwash you that way!

Limited Tort vs. Full Tort - Why Does This Matter?

In Pennsylvania you are given the option of choosing what is called “limited tort” or choosing “full tort” coverage. The insurance companies offer you a small discount on your premium if you choose limited tort. However, they probably never explained to you the consequences of that potentially fatal error to a future case. In general, the insurance agent will explain to you that if you choose limited tort it will be a lot less expensive and you will still have the right to sue if you are seriously injured. This sounds wonderful! Who wouldn’t want to pay a few hundred dollars less per year in premiums as long as they still have the right to sue if they are seriously injured? The problem is that the definition of a serious injury is far from clear. And why do they call the coverage “Limited Tort?" Why couldn’t they just speak plain English and call it “Limited Right to Sue” or something you might actually understand? Because they don’t want you to understand. That will cost them money!

What does the law say is the definition of a “serious injury?" Pennsylvania law defines “serious injury” as “[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” However, the law does not define the word “serious”!

What In Heaven's Name Is A "Serious Impairment" Of Body Function?

The courts have been revising this definition since 1990 when this option became available. The truth is that it is not clear at all exactly what a serious impairment to a body function is and the definition seems to change from case to case. For that matter, what is a permanent “serious” disfigurement? Is a dark inch-long scar on my arm a serious disfigurement? Maybe not because I am not a fashion model. If the scar is on my face, but it is only ½ inch long and partially hidden by my hair, even this may not be a serious disfigurement! If I have a knee injury requiring surgery, this surely must be considered a serious injury, right? Not necessarily if your job is sedentary and you are a couch potato with no physical hobbies. You can see how difficult it can become to evaluate the “seriousness” of an injury. Why subject yourself to that type of analysis if you don’t have to? By choosing limited tort you subject yourself to the possibility that you will receive no compensation for pain and suffering even though you feel your injury is serious! Limited Tort is a terrible coverage and every cent you pay for full tort is worth it, even within the City limits of Philadelphia where the price differential for full tort is far greater than the suburbs. If you wish to have more information on this coverage, please contact my office. Worthington Law Group will send you a brochure published by the Pennsylvania Association for Justice (previously called the Pennsylvania Trial Lawyers Association) which explains why you need full tort coverage.

Well, what if you selected limited tort before your accident? Will you still have a case? This is something that we would have to evaluate thoroughly. The most important thing that you can do before you call an attorney is to locate your “Declarations Page” from your auto insurance policy. The Declarations Page is the first page of your policy and shows all the insurance coverages and premiums you paid for each in itemized form. Any attorney you speak to will need to see not only the Declarations Page, but eventually the full policy to determine what coverages apply to you. Remember, you are the one who has purchased these coverages on behalf of yourself and any relatives living in your household who do not have individual policies of their own. You make the choice of limited tort or full tort for your spouse, children and any other relative living in your household who does not have a separate insurance policy.

There are several exceptions or “loopholes” to get you out of limited tort, but they only apply in certain limited circumstances. Your specific facts and circumstances will need to be discussed with the attorney, and you will have to provide a copy of your declarations page and insurance policy to evaluate your specific situation. Suffice it to say it is far more complicated under most circumstances if you are a limited tort insured, and this is not a coverage you should select, regardless of the fact that “full tort” coverage is more expensive.

Why would your insurance agent sell you Limited Tort when the company would make more money by selling you Full Tort coverage? They know when you come in to buy your auto policy, you want to pay as little as possible to get the coverages required by law. The last time you bought auto insurance, did you ask the agent to explain at length the significance of the coverages you have selected? Of course not! The explanation is boring and complex and you are busy. Most people say to their agent “just give me the insurance I must have by law and give me the best price”. The agent then shows you a form showing how you will save hundreds of dollars by getting Limited Tort which is perfectly legal and you sign wherever they ask to get the job done. You have your mandatory auto insurance, the agent gets a nice renewable premium every year and everything is great…until you get into an auto accident and find out your insurance is not what you thought.

What Must Be Proven To Win A Case?

The law does not demand or guarantee compensation for every injury. You must prove that someone else was negligent or careless and that their carelessness caused your injury. If you have suffered an unfortunate accident that is no one else’s fault, or, if you fail to sue the correct person or party, then the law says that you will not win your case. Additionally, in Pennsylvania, varying degrees of carelessness for negligence in each driver are recognized. This is called comparative negligence. This can dramatically affect your case.

Do you really need an attorney to settle your case? You clearly do not need an attorney for every small injury case. In fact, some offices doe not even accept cases where there is little or no property damage or the injuries are very minor. Why not? The simple answer is that in a small case, the attorney’s fees and costs might leave little or nothing for you after your medical bills are paid and we don’t believe that that would be fair to you. Attorney's don’t want to put you through something which is long and tedious and time-consuming if you do not stand a chance to recover a reasonable sum after payment of the costs, attorney’s fees and medical bills. Worthington Law Group will not accept a case in which the client would end of receiving little or nothing after payment of these items.

How Do You Choose a Good Lawyer?

How do you find out who in your local community is the best lawyer for your case? I believe that there are certain questions to ask that will lead you to the best person for your case – no matter what kind of claim you have. This selection process may involve some time on your part. However, that’s alright because the decision as to who your attorney will be is extremely important.

The world of personal injury and accident claims is, in our opinion, much too specialized for someone who does not regularly handle these cases. Too many times we end up reviewing the files for cases that other, inexperienced attorneys, handled or “mishandled.” You should know that the insurance companies which defend personal injury and accident cases know who the attorneys are in your area that will actually go the distance and litigate a case when necessary. The insurance companies use that information to evaluate their financial risk. One of the first questions some insurance adjusters will ask when a serious claim comes in is who is representing the plaintiff. If this information is important to the insurance company, shouldn’t it be important to you?

There are many attorneys who are known to the insurance companies as “easy.” You do not want one of those. You need an attorney who will file suit, but only if necessary to get the best result for you!

So How Do You Find Out Who Is a Good Attorney In Your Area?

Here are some tips:

1. A referral from a friend or family member who has already been represented by the attorney and has been highly satisfied with the result is a great source of information.

2. The local Bar Association in your region probably has a lawyer referral service. The lawyers on their list are members in good standing with that local Bar Association or they would not be on the list. Note that the lawyers who have signed up have paid a fee to be listed in certain specialties and that their names come up on a regular, rotating basis. This is another source for an initial appointment, but does not guarantee that the person you are contacting has substantial experience in accident-related injury work. If you take this route, bring the questions that we talk about here to the interview to make sure that the lawyer has the experience you need and will address all your concerns.

3. A referral from an attorney that you know will probably help you to find someone who does specialize in your area of need. If you don’t know anyone, go to www.lawyers.com. Make sure you realize that Lawyers.com is a service for which lawyers pay to be listed, similar to the Yellow Pages. Attorneys pay a fairly high fee to the company which started Lawyers.com to advertise there, but at least you can get some information on the lawyer’s area of expertise and number of years in law practice.

4. The Yellow Pages can be a good starting point. You must understand three things before using them. First, not everyone advertises in the Yellow Pages. Most of our cases come from satisfied clients or other attorneys. Second, note whether the ad you are looking at lists too many different specialties. No one can do everything well. Third, be skeptical of full page ads. This advertising typically attracts a lot of cases, including the small cases that we do not accept. Make sure that the attorney you hire is selective enough that your important case does not become just one file in the pile. You also can be lured in by a large ad to a firm which is “an accident mill.” After you have signed up with an accident mill firm, your case may be passed off to a less experienced attorney or paralegal. Make sure that the attorney you think is going to handle your case will be the attorney who actually handles it.

5. Ask each attorney if he has information similar to this blog and/or a website so that you can find out more about his or her qualifications, experience and approach to handling a case before you walk in the door.

How Do I Find A Qualified Personal Injury Attorney?

Selecting an attorney to represent you is a critical, but challenging task. The decision certainly should not be made on the basis of advertising alone. The Yellow Pages and television are filled with ads, all of which say basically the same thing. You should not hire an attorney based solely upon advertising because anyone can buy a slick commercial. In fact, you shouldn’t even hire Worthington Law Group until you trust that we can do a good job for you.

What Is A Personal Injury Case?

Lawyers say that they handle “personal injury cases” or “accident cases” or “wrongful death cases,” but what are these types of cases exactly?

A personal injury, automobile accident, or wrongful death case is any type of claim where a person has been injured or killed due to someone else’s carelessness or recklessness. If the only damage in your case is that your car got banged up, then you do not have a personal injury case, although you may have a property damage case. Worthington Law Group does not handle property damage cases, but there are many lawyers who do. If you and your car have suffered an injury, then you have both a personal injury and a property damage claim. Under those circumstances, either your own insurance company or the other driver’s insurance company will usually take care of the property damage claim.

If someone’s negligence causes a death to another, this is called a “wrongful death” claim. Each state’s laws differ significantly regarding what can be recovered financially in a wrongful death case. You need an attorney who understands the specialized wrongful death laws.

Generally, law offices will not take your case if you are already represented by an attorney. Ask your current attorney these important questions. You and your attorney should have a good enough rapport that you should feel comfortable asking your own attorney whatever it is you do not understand about your claim. In addition, your attorney should set aside the time to respond to your questions and return your telephone calls. Even if you are currently represented by counsel, use this blog to increase your understanding and to ask questions.