R G. Automobile Accidents & Slips and Falls What You Need to Know. othman ordon

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1 R G othman ordon Automobile Accidents & Slips and Falls What You Need to Know Compliments of Richard A. Marhefka, Esquire Rothman Gordon, P.C. 310 Grant Street Third Floor, Grant Building Pittsburgh, PA (412)

2 TABLE OF CONTENTS PAGE Purpose of This Booklet... 2 Accidents... 3 Do I have a case?... 3 What is my case worth?... 3 Do I need a lawyer?... 3 How much will it cost?... 4 When should I call an attorney?... 4 What if I cannot travel to your office?... 4 FAQs in Automobile Accident Cases... 5 Who pays my medical bills?... 5 Who pays my lost wages?... 5 Who will pay for damage to my car?... 5 Who will pay for a rental car?... 6 Who decides fault for the accident?... 6 How much time do I have to make a claim?... 6 What is uninsured motorist coverage?... 6 What is underinsured motorist coverage?... 7 Should I have the full tort or limited tort option on my automobile policy?... 7 Exceptions to the limited tort option... 7 Things you should NEVER do after an auto accident... 8 Automobile accident questionnaire... 9 Slip and Fall Accidents FAQs in Slip and Fall accident cases Who pays my medical bills? Who pays my lost wages Who decides liability for the accident? How much time do I have to make a claim? Things you should NEVER do after a slip and fall accident Get back on your feet Slip and fall accident questionnaire Who Can I Contact for More Information?

3 PURPOSE OF THIS BOOKLET This booklet provides the basic information you should know if you or a loved one are injured in an automobile or slip and fall accident. This booklet initially addresses the questions most people have following an accident and then goes on to answer frequently asked questions specific to automobile and slip and fall accidents. This booklet provides valuable information regarding insurance coverage, tort option, and the time in which you have to bring a claim. Equally important, this booklet provides cautions as to what not to say or do following an automobile or slip and fall accident. While informative, this booklet is not a substitute for the advice and legal guidance of an experienced personal injury attorney. Copyright 2014 Rothman Gordon, P.C. All Rights Reserved 2

4 ACCIDENTS... Accidents are unexpected, unplanned and sometimes life changing events that can disrupt a person s life and the lives of their families. What s left in the aftermath of an accident is stress, uncertainty, and confusion. In an effort to navigate out of the chaos, many injured people seem to have the same initial questions. DO I HAVE A CASE? After the shock of your accident wears off and the reality and stress of your injuries and their effect on your life begin to set in, this may be one of your most pressing questions. There are many factors that go into determining whether you have a case, such as: who was at fault; what evidence is available; and the extent of your injuries, just to name a few. Our attorneys are available to speak with you at no cost about the facts and circumstances of your accident and will let you know if you have a case. WHAT IS MY CASE WORTH? Just as there are many factors that determine whether you have a case, the same holds true for the amount your case is worth. While every accident case is different, factors used to determine the value of a case include, but are not limited to: the nature and extent of your injuries; the treatment you receive; the length of treatment; the existence of any permanent condition; need for future treatment; and the effect of your injury on your employment and activities of daily living. Other considerations include the circumstances of the accident, and whether there are any recoverable medical bills and/or lost wages. DO I NEED A LAWYER? Navigating the law can be intimidating, and this may be even truer for those who have suffered physical and emotional harm due to the negligence of another person. Too often, people injured in an accident try to handle their accident claims and deal with the insurance companies on their own, only to find out too late that they did or said something that hurt their claim. Insurance companies have experienced attorneys and adjusters working for them. Shouldn t you have an experienced 3

5 attorney on your side following an accident? The insurance company may want you to give a recorded statement or try to pressure you into a fast and low settlement. Before you do anything that may jeopardize your claim, you should consult with an personal injury attorney who can apprise you of your legal rights, answer your questions, help you determine potential liability, file any relevant insurance claims, and even institute a lawsuit on your behalf. HOW MUCH WILL IT COST? At Rothman Gordon, the initial consultation and evaluation of your accident case are free. We handle all of our personal injury cases on a contingent fee basis. This means we do not charge any fees unless and until we get a successful settlement or verdict for you. WHEN SHOULD I CALL AN ATTORNEY? As soon as possible! When you call Rothman Gordon, you will speak directly with an experienced personal injury attorney who knows what steps to take to advocate on your behalf. He will apprise you of your legal rights, answer your questions, investigate your claim, and speak to the insurance companies on your behalf. We encourage you to call us for a free evaluation of your accident case. To assist us in evaluating your case, please fill in the appropriate questionnaire (auto accident on page 9 or slip and fall on page 14) prior to calling our office. WHAT IF I CANNOT TRAVEL TO YOUR OFFICE? If you were injured in an accident, you may not be able to make it to our office in Pittsburgh. You may be in a hospital, rehabilitation facility, or just unable to travel. Rothman Gordon serves all of Western Pennsylvania. If you can t make it to us, we ll come to you. 4

6 FREQUENTLY ASKED QUESTIONS IN AUTOMOBILE ACCIDENTS CASES WHO PAYS MY MEDICAL BILLS? One of the most common questions people involved in automobile accidents have is, Who is going to pay my medical bills? Pennsylvania auto accident victims rely on their own auto insurance coverage to pay their medical bills up to the maximum amount selected on their policy. If that is exhausted, your health insurance would pay. Your health insurance might have the right to be repaid for medical bills due to your auto accident if you would get a settlement or recover in court from the at-fault driver s insurance company. This is called subrogation. Medical coverage issues and subrogation following an auto accident can be complicated. That is why it is to your benefit to engage an experienced personal injury lawyer to guide you through this process. WHO PAYS MY LOST WAGES? If you have missed work as a result of an accident, you may be entitled to recover lost wages if your disability is supported by a doctor. In Pennsylvania, work loss coverage is available for purchase on your automobile insurance policy. However, it is not a mandatory benefit. If you have purchased wage loss coverage, your first source for recovery of your lost wages is against your own automobile insurance policy. Your insurance will then pay your lost wages up to the maximum amount you ve selected on your policy. If you have not purchased wage loss coverage or should your wage loss exceed the policy amount, you must then turn to any disability or other wage loss coverage available to you through your employment or that you may have purchased on your own. Lost wages that are not paid or payable by any other source of recovery are made part of your claim against the at-fault driver. WHO WILL PAY FOR DAMAGE TO MY CAR? Again, you should check your automobile insurance policy. If you have purchased collision coverage on your policy, you may submit your property damage claim to your own insurer, regardless of how the accident happened or who was at fault. Your insurer will pay for your 5

7 property damage, less any deductible. You must then make a claim for your deductible from the at-fault driver. In the alternative, you may submit your property damage claim to the insurer for the at-fault driver in your accident. This insurer will pay your claim, in full, only upon a determination that its insured was responsible for the accident. WHO WILL PAY FOR A RENTAL CAR? Payment for a rental car is similar to payment of your property damage claim. First, check to see if you have purchased rental coverage on your own policy. If not, rental coverage may be paid by the other driver s insurer. This will also require the other driver s insurer to accept responsibility for the accident. Keep in mind, there may be a limitation on the amount an insurer will pay for a rental vehicle and the length of time for which you may have a rental car. WHO DECIDES FAULT FOR THE ACCIDENT? Following your accident, the police may be called to the scene of the accident. The responding officer will conduct an investigation, which includes interviewing all drivers involved in the accident and any witnesses to it. The responding officer will also record and document any physical evidence at the accident scene. The insurance companies for the drivers involved in the accident will also conduct an investigation, as will your attorney. Initially, it will be up to the other driver s insurance company to accept or deny fault for the accident. Should your claim be denied by the other driver s insurance company, it may become necessary for you to file a law suit to recover your damages. HOW MUCH TIME DO I HAVE TO MAKE A CLAIM? Pennsylvania has a statute of limitations applicable to all personal injury claims. Generally, you have two years from the date of your accident in which to settle your claim or to file a lawsuit. If you fail to do so, your claim will be forever barred. WHAT IS UNINSURED MOTORIST COVERAGE? Uninsured motorist coverage is an optional coverage on Pennsylvania Motor Vehicle insurance policies. It is coverage to protect and 6

8 compensate you if you are injured by a driver who does not have motor vehicle insurance. WHAT IS UNDERINSURED MOTORIST COVERAGE? Underinsured motorist coverage is another optional coverage. If you have purchased this coverage on your policy, it may provide additional compensation to you for injuries suffered in an accident. Underinsured motorist coverage provides additional compensation to you when the atfault driver does not have sufficient liability coverage to fully compensate you for all of your injuries and damages. SHOULD I HAVE THE FULL TORT OR LIMITED TORT OPTION ON MY AUTOMOBILE POLICY? You should have the full tort option on your automobile insurance policy. A full tort option protects your rights to seek full compensation for any injury you may sustain in a motor vehicle accident. LIMITED TORT EQUALS LIMITED RECOVERY! The limited tort option may prevent you from seeking compensation for pain and suffering after a motor vehicle accident unless you fall within some very specific statutory exceptions which are set forth below. EXCEPTIONS TO THE LIMITED TORT OPTION There are several exceptions to the limited tort option that would allow you to pursue a claim for compensation for your non-economic damages. You will be granted full tort rights if the at-fault driver was operating a vehicle registered in another state at the time of your accident. Secondly, you will be granted full tort rights if the at-fault driver pleads guilty to or is convicted of driving under the influence. Thirdly, full tort rights are granted if you are injured while a passenger in a commercial vehicle. Lastly, you are granted full tort rights if your injuries meet the definition of a serious injury under Pennsylvania law. Serious injury means death, permanent serious disfigurement or serious impairment of a bodily function. 7

9 THINGS YOU SHOULD NEVER DO AFTER AN AUTO ACCIDENT NEVER DISCUSS THE FACTS OF YOUR ACCIDENT WITH ANYONE. A police officer may ask you what happened; just state the facts. Do not otherwise discuss the facts of the accident with anyone else. What you say could be used against you. NEVER DISCUSS THE EXTENT OF YOUR INJURIES WITH ANYONE. Without a proper diagnosis by a medical professional, you have no idea how badly you are injured. Sometimes injuries or conditions don t appear until hours, days, or even weeks later. For these reasons, do not discuss your injuries or condition with anyone. NEVER PUT ANYTHING ABOUT YOUR ACCIDENT ON SOCIAL MEDIA. This is the first place insurance companies will look to obtain information to discredit your case. DO NOT SPEAK WITH OR GIVE A RECORDED STATEMENT TO AN INSURANCE ADJUSTER WITHOUT YOUR ATTORNEY PRESENT. Insurance adjusters want to close your claim quickly and for as little money as possible. Their goal is to settle your case for nothing today. Statements you make to insurance adjusters may assist them in achieving that goal. DO NOT SIGN ANYTHING WITHOUT YOUR ATTORNEY PRESENT. You may receive releases, waivers, or other documents to sign. Signing these documents could mean losing your right to make a recovery in your case. 8

10 AUTOMOBILE ACCIDENT QUESTIONNAIRE If you were involved in an automobile accident, please have as much of the following information as possible when you call: Date of the accident? Location of the accident? What were the weather/road conditions at the time of the accident? Were you hurt on the job? Position in the vehicle (driver, passenger, etc.)? Were you wearing a seatbelt? Who owns the vehicle you were in? Do you have insurance? What are your coverage limits? Declarations page (full or limited tort)? Did the police respond? 9

11 Is there a police report? Were citations issued or arrests made? Were you injured? List all injuries. Did you go to the hospital? Other medical treatment you received? Are you still treating? Did you miss time from work? How much? Name, address and insurance information of at-fault driver? 10

12 SLIP AND FALL ACCIDENTS Slip and fall accidents can cause serious injuries whether they are triggered by slippery surfaces, defective construction, or other unsafe circumstances. Slip and fall accidents are frustrating because they can happen anywhere. They can occur in the homes of family or friends, in shopping centers or grocery stores, or places of employment. Too few slip and fall injury victims see their doctors following accidents or speak to an attorney. Sometimes, victims may feel embarrassed about a fall or think that the accident was their fault. Many of these accidents go unreported, even though they aren t always the victim s fault. Some of the most common causes of slip and fall injuries include: snow and ice; obstructions in walkways; unmarked changes in elevation; bad lighting; floors that are slippery from being recently cleaned or waxed; and broken steps or platforms. The lawyers at Rothman Gordon know that most falls are preventable. That s why we re here to hold negligent property managers and owners accountable. If you ve been injured on someone else s property due to an owner s carelessness, the lawyers at Rothman Gordon are here to get you the help that you need. FREQUENTLY ASKED QUESTIONS IN SLIP AND FALL ACCIDENT CASES WHO PAYS MY MEDICAL BILLS? Slip and fall victims may need to rely on their own personal health insurance to pay their medical bills or they may have to pay for them out of their own pocket and wait to be reimbursed out of a settlement with the responsible property owner. If your medical bills have been submitted to and paid by your health insurance, there could be an obligation to repay them if you would get a settlement or recover in court. This is called subrogation. Medical coverage issues and subrogation following a slip and fall accident can be complicated. That is why it is to your benefit to engage an experienced personal injury lawyer to guide you through this process. 11

13 WHO PAYS MY LOST WAGES? If you have missed work as a result of a slip and fall accident, you may be entitled to recover lost wages if your disability is supported by a doctor. You must first look to any disability or wage loss coverage available to you through your employment or that you may have purchased on your own. Lost wages that are not paid or payable by any other source of recovery are made part of your claim against the responsible property owner. WHO DECIDES LIABILITY FOR THE ACCIDENT? Following your slip and fall accident, the insurance company for the property owner will conduct an investigation, as will your attorney. Initially, it will be up to the property owner s insurance company to accept or deny liability for the accident. Should your claim be denied by the property owner s insurance company, it may become necessary for you to file a law suit to recover your damages. HOW MUCH TIME DO I HAVE TO MAKE A CLAIM? Pennsylvania has a statute of limitations applicable to all personal injury claims. Generally, you have two years from the date of your accident in which to settle your claim or to file a lawsuit. If you fail to do so, your claim will be forever barred. THINGS YOU SHOULD NEVER DO AFTER A SLIP AND FALL ACCIDENT NEVER DISCUSS THE FACTS OF YOUR ACCIDENT WITH ANYONE. Do not discuss the facts of your slip and fall with anyone. What you say could be used against you. NEVER DISCUSS THE EXTENT OF YOUR INJURIES WITH ANYONE. Without proper medical diagnosis, you have no idea how badly you are injured. Sometimes some injuries or conditions don t appear until hours, days, or even weeks later. For these reasons, do not discuss the extent of your injuries with anyone. 12

14 NEVER PUT ANYTHING ABOUT YOUR ACCIDENT ON SOCIAL MEDIA. This is the first place insurance companies will look to obtain information to discredit your case. DO NOT SPEAK WITH OR GIVE A RECORDED STATEMENT TO AN INSURANCE ADJUSTER WITHOUT YOUR ATTORNEY PRESENT. Insurance adjusters want to close your claim quickly and for as little money as possible. Their goal is to settle your case for nothing today. Statements you make to insurance adjusters may assist them in achieving that goal. DO NOT SIGN ANYTHING WITHOUT YOUR ATTORNEY PRESENT. You may receive releases, waivers, or other documents to sign. Signing these documents could mean losing your right to make a recovery in your case. GET BACK ON YOUR FEET The attorneys at Rothman Gordon want to help you get back on your feet and back the life you had before your fall. We know how devastating a slip and fall accident can be. We know the potential hazards that may have lead to your fall and we know how to prove who is responsible and to get you the compensation you deserve to cover your medical expenses, lost wages. and pain and suffering. 13

15 SLIP AND FALL ACCIDENT QUESTIONNAIRE If you were involved in a slip and fall accident, please have as much of the following information as possible when you call: Date of the fall? Location of the fall? Why you were at the location where you fell? Were you hurt while at work? The owner of the property where you fell? Were you were carrying anything at the time of the fall? What caused you to fall (snow/ice, wet floor, uneven pavement, etc.)? If you had looked at the condition/hazard, could you have avoided it? _ Were there any warning or caution signs? 14

16 Do you know what/who caused the condition or hazard to exist? Were there any witnesses to your fall? Did you report the fall to anyone? Specifically describe how you fell Were you injured? List all injuries. Did you go to the hospital? Other medical treatment you received? Are you still treating? Did you miss time from work? How much? 15

17 WHO CAN I CONTACT FOR MORE INFORMATION? If you, a loved one, a co-worker, or a friend have been injured in an automobile accident or slip and fall, seek immediate treatment for your injuries and then call us. Richard A. Marhefka is available to speak with you at no cost to apprise you of your legal rights, answer any questions you might have and provide you with experienced legal guidance to help you determine if you have a personal injury case. Please contact him at: Richard A. Marhefka, Esquire (412) RAMarhefka@rothmangordon.com If your injury occurred in the workplace, you may wish to consult our companion publication, Workers Compensation Accident Handbook, or contact: Shelley W. Elovitz, Esquire (412) SWElovitz@rothmangordon.com If you are unable to work due to an injury, you may be eligible for Social Security Disability. Please contact our office at (412) or cdc@rothmangordon.com for a free screening. Rothman Gordon, P.C. 310 Grant Street Third Floor, Grant Building Pittsburgh, PA

18 Rothman Gordon has created a suite of services for individuals and closely-held businesses. Our areas of practice include: Business and Corporate Law Closely-held & Family Business Commercial & Business Litigation Class actions Employment Litigation Labor & Employment Estate Planning & Administration Taxation and Employee Benefits Creditors Rights Commercial Real Estate Oil & Gas for Landowners Landlord/Tenant Commercial Leasing Workers Compensation Social Security Disability Personal Injury Serving Western Pennsylvania since 1954

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