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Motorcycle Injury: What to Do When You Have Been Injured in Berks County, Pennsylvania

When you have been injured in a motorcycle crash, the injuries can be catastrophic. Every serious rider knows that no matter how safe you are, and no matter carefully you abide by the rules of the road and accepted safety practices, the risk of injury is an ever present danger. When you have been injured in a motorcycle accident, what are your first steps and what should you do?

1. Submit Your Medical Bills to Your Motorcycle Insurance.

This first step often confuses people. It is important that you submit your medical bills directly to your own motorcycle insurance carrier. This step in the process often surprises the victims of accidents, because it seems like the other party should be paying the medical bills. Don’t worry! We will get to that later.

However, when you are first injured, your insurance provides you with something called PIP coverage (Personal Injury Protection). This coverage is designed to make sure that you can immediately get medical treatment right after an accident without having any money spent out of pocket. State law requires you to have at least $5,000 in PIP coverage, and you have been paying for it as part of your insurance, so there is no reason not to use it now when you need it. By opening a claim and having your medical bills submitted straight to your motorcycle insurance carrier, you will (hopefully) avoid racking up medical expenses at the beginning of this process. 

2. Get Treatment!

If you have been injured in a motorcycle accident, this next tip may not be that difficult to abide by. Nonetheless, it is extremely important that you get medical treatment for all of your injuries. There is no point in being tough about any sort of vehicle accident. Your injuries will not just get better on their own in most cases. This is particularly true of unseen injuries, such as torn ligaments and traumatic brain injuries (TBI).

The danger of concussions is only now becoming a matter of general awareness, largely due to the news surrounding the National Football League and other professional sports. If you have been diagnosed with a concussion or are experiencing the effects of an impact to your head, which is not uncommon after a motorcycle accident, it is extremely important that you see a doctor, a specialist and anyone to whom they refer you. 

You may have to live with the effects of a traumatic brain injury for much of the rest of your life. Accordingly, the medical records demonstrating such an injury are an important part of demonstrating the severity of your claim and your entitlement to an appropriate financial settlement with the insurance companies. 

3. Call A Personal Injury Attorney to Handle Your Motorcycle Accident

Finally, it is extremely important that you talk to a personal injury attorney right away after your motorcycle accident. It does not matter if you know the full extent of your injuries. You can still talk to a personal injury attorney about your case. At Cornerstone Law Firm, your consultation is free, and we do not get paid until you get paid. We’re here to help, so call us today.

What is the Common Fund Doctrine?

The “common fund doctrine” is an important equitable rule of law that personal injury attorneys employ to maximize an injured person’s overall recovery. When you have been injured in a car accident, a truck crash, or some other motor vehicle accident and your medical bills are paid by a health insurer, the common fund doctrine is likely to factor in your total financial recovery. 

In simple terms, in every personal injury case, the injured victims who has to retain an attorney ends up paying part of the recovery to that attorney in exchange for their services. The injured victim can usually deduct the same percentage from the reimbursement to medical providers.

What to Know about Common Fund Doctrine

When someone is injured, their health insurance often pays the bills after the Personal Injury Protection (PIP coverage) is exhausted. This creates a medical lien against the ultimate recovery of money as a result of the injury. So, do you have to pay the full amount of that lien? This is where the common fund doctrine comes in.

The common fund doctrine is a common law, equitable remedy that allows a court to diminish the share of the lien holder’s recovery by the percentage of that recovery that’s attributable to the attorney that brought about the financial recovery. 

We say this is equitable, meaning it is meant to be fair. The lien holders, who would not have been paid back without the attorney’s efforts, should also have to pick up part of the tab for that attorney’s work. As a result, somewhere between 25 and 40 percent of a medical lien can typically be written off and given directly back to the injured party in recognition of the fact that they’ve had to bear the cost of attorneys’ fees.

We can help

Dealing with medical liens is only one part of the complexity of a personal injury case. If you’ve been in a car accident, call the Cornerstone Law Firm and speak with one of our injury attorneys. We don’t get paid until you get paid, and we can offer you a free consultation on the likelihood of a recovery in your case.

Injured on 222? We Can Help.

Pennsylvania Route 222, which runs through the heart of Berks County, is becoming not only the busiest but also the most dangerous road in the area. 222 has long been a source of economic growth to Berks County and to Reading, but in recent years, it has become more and more dangerous and has resulted in more and more accidents. If you’ve been injured on 222 in a car accident, the personal injury attorneys at the Cornerstone Law Firm can help you.

Pursuing Settlement

Car accidents can be a life-changing experience. Between the surgeries and rehabilitation required, these injuries demand an enormous amount of time and attention from the injured party. Other results of an accident, such as loss of earnings and chronic pain can create significant stress for the injured victim.

Having a personal injury attorney here in Berks County who understands your situation is important in dealing with the insurance company and any responsible party after the accident. The party responsible for your accident and the insurance companies involved—including your own insurance company in many cases—bear responsibility to ensure that you are made whole after the accident. This includes not only covering your medical bills and settling medical liens, but also putting together an appropriate settlement given the pain involved in your accident and the time you’ve lost at work and from the activities you love.

The process of pursuing settlement for your injuries doesn’t have to be as painful as a car accident. Frequently, cases can be resolved without the need of filing suit or going to trial. All the same, it’s important to have a lawyer who is able and willing to take your lawsuit to trial if necessary.

We can help.

If you or someone you know has been involved in a car accident on 222 or elsewhere in Berks County, Pennsylvania, call the personal injury lawyers at Cornerstone Law Firm for a free consultation. We don’t get paid until you get paid. Call us for a risk-free, no-obligation consultation about your case.

What To Do If Insurance Denies Your Claim

When an insurance company denies your claim, what should you do? Should you just accept the insurance claim denial, or should you fight it? Often times, when dealing with an insurance company to whom you have paid premiums for years, it can feel very frustrating when their denial leaves you feeling like you have few options. At the Cornerstone Law Firm, we help clients every single day who have had an insurance claim denied to determine whether they should challenge the claim in court or otherwise.

There are two major things you should consider if your insurance claim has been denied:

  1. What does your policy actually say?

When you signed up for an insurance policy, you received the full written policy (sometimes several days later in the mail). This policy can be thirty, forty, or even a hundred pages long, and will explain what the insurance company will do in a variety of circumstances and how the claim is to be administered. Does the policy cover what happened in your situation? Is there a provision that they referenced in their denial letter that governs your claim? If so, that provision is the starting point of your inquiry—but it is not the ending point.

  1. What does the law of your State say?

What does the law of your state say about insurance contracts? States have laws and regulations governing insurance contracts. Here in Pennsylvania, the rules include a provision that says that insurance contracts should be construed against the insurance company if there is any question in how the contract should be properly interpreted. The law also says that if a contract for insurance violates the insured’s reasonable understanding of what they were purchasing insurance for, that provision is unenforceable. Thus, even if your insurance policy says that the denial of coverage is proper, that might not be the case.

  1. Speak to an experienced insurance attorney.

If you have received a denial of an insurance claim, you should speak to an experienced attorney to ask them what to do in your situation. The attorneys at the Cornerstone Law Firm have substantial experience dealing with insurance company denials. We help clients to look through their policy to find the provisions at issue, look at the correspondence from the insurance company, and we can help you understand the law governing insurance contracts.

If you have been denied on an insurance claim for your car, house, or anything you may have insured, please call us at 610-926-7875 so that we can help you figure out your next steps.