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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.

What is a “Plaintiff?”

In today’s post, we continue our series on litigation terminology, helping you to understand the various terms used when you’re involved in a lawsuit. Today’s question is, “What is a plaintiff?”

The word “plaintiff” is the title of the individual who initiates a lawsuit—someone who seeks to compel something from a Defendant via a court proceeding. They may be seeking money or “equitable” remedies, such as an injunction.

An over-simplified way of thinking about it is that he is opposite the defendant. Everyone knows what a defendant is—the one being sued. The plaintiff is the person bringing that lawsuit.

Another helpful way to understand this term is this: the existence of a “plaintiff” in a lawsuit is a tip that the matter is a Civil Suit rather than a Criminal one. In other words, no one is going to jail at the end of this trial. Rather, the litigation seeks a civil remedy of money or a court order determining a dispute between private parties. One final way of thinking about a plaintiff is that he is on the front side of the “v” in a lawsuit (Plaintiff v. Defendant).

We hope this explanation of the term plaintiff is helpful. If you have other questions related to your litigation, feel free to set up an appointment with the attorneys at the Cornerstone Law Firm for a free consultation about your case. Our litigation attorneys can explain the terminology, and more importantly, the strategy and rights you have in bringing or defending 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.

Wrongful Death

When a loved one passes away because of someone else’s negligence, it can be very hard to decide what to do next. Nothing can ever replace the individual that you’ve lost in your life, but you are entitled to compensation for the enormous financial expense occasioned by someone’s sudden passing. If you have lost someone you love, here are some factors to be considered to determine if you have a valid wrongful death action.

Negligence and Recklessness

wrongful death

The first factor that needs to be weighed is whether the loved one’s death was the result of someone else’s negligence or recklessness. If someone you love was killed in a car accident because of someone else’s mistake on the road, or killed because of faulty repairs or on the premises of a business that did not take reasonable care in maintaining its premises, then these are classic examples of negligence which has caused the injury that your loved one suffered.

Negligence is defined under Pennsylvania law as failing to take the same reasonable care as the average reasonable person. Recklessness is found when one is aware of a risk but intentionally disregards the risk.

Wrongful Death v. Survival Action

There are two types of actions that the law of Pennsylvania recognizes when someone has been wrongfully killed. The first is called a “survival action,” and the second is called “wrongful death.” A survival action deals with the pain and suffering and bills that the individual accumulated during the time that they survived after the injury that ultimately led to their death. Sometimes, this can be a substantial period of time. In other instances, such as a sudden car crash, this amount of time was brief. Understanding the legal validity of this claim can help to predict the outcome of a settlement or lawsuit.

Wrongful death has to do with the loss that those left behind have incurred as a result of their relative’s death. These two distinct claims allow for different types of damages and also, by law, may be distributed to different family members.

Compassionate and Caring Lawyers Can Help You Recover

At Cornerstone Law Firm we don’t take lightly our responsibility when we’re retained to help a family grieving the loss of a loved one. We know that in this time you need compassion, care, and to be listened to. We understand that not every family wants to pursue damages to the full extent of the law. We understand that no one who is grieving wants to chase other people for money. Frequently, we’ve found that the relatives of victims of wrongful death just want closure, but simply want to know their options. We’re here to listen to you and to work to obtain the result that you want in your case.

If you’ve lost a loved one in an accident or because of someone’s reckless or deliberate act, please call the Cornerstone Law Firm so that we can discuss your rights with you in a free, no obligation consultation. If you retain us, we don’t get paid until you get paid. Call the Cornerstone Law Firm today.

 

 

Construction Litigation

One of the most commonly litigated issues in America is construction. Whether it’s because a construction company failed to do the work that was promised, did the work inadequately, or because of buyer’s remorse that causes a customer to be unhappy with a perfectly good job, construction disputes end up in court about as often as anything else in American law. Experienced construction lawyers will tell you that there are several issues to consider when trying to predict the outcome of a construction case.

Workman-Like Qualityconstruction lawyers

Implied in nearly every construction contract in law, is a requirement that construction be done in a “workman-like manner.” If a contractor or subcontractor shows up to do their job and installs paper mâché plumbing, obviously this would not satisfy the requirements of a contract even if the contract didn’t explicitly say what the plumbing had to be made with. The standard quality requirements of the industry will prevail.

While this may be easy to determine when it comes to paper mâché, it is much harder to determine in instances where a contractor or subcontractor simply isn’t very good at their job. Perhaps they put in cheap materials instead of those ordered, or perhaps they took shortcuts and didn’t get the work done to the standards of the general contractor.

The question that the court will ask is, “What meets the minimum standards of competency in the profession? Did the contractor’s work rise to that level?”

Contract Provisions

In most instances, a dispute with a contractor will be over fulfillment of the terms of a contract. It makes sense, then, to carefully check the contract at the beginning of a job, routinely throughout the job, and of course before the filing of suit. The contract’s provisions will largely set down the rights and obligations of each party. But anyone who’s ever done a construction job knows that things can change quickly.

A homeowner decides they want a different type of flooring throughout the house. A municipal body changes the layout of a building completely. A contractor can’t get the subcontractors originally bargained for. All too often, these become oral conversations. The parties agree that they will do something differently than laid out in the contract, but they don’t memorialize it in writing. Preferably, the parties should execute a Change Order at each stage in the process when things change.

Even without change orders in place, written documents can make it much easier to track the changes that have been made and whether all parties agreed to the changes that were made. A great deal of litigation can be traced back to change orders that weren’t properly executed.

Damages

Finally, even after you’ve worked out all of the other questions in a case, the most important thing that parties heading into construction litigation have to consider are the damages at issue. If a subcontractor didn’t hold up their end of the work, and it caused delays, is the sub on the hook for the cost of the project’s delay? Can that subcontractor be held liable for the expense and costs that a general contractor incurred waiting for that job to be completed by someone else?

We’ve covered damages in other articles on this site from time to time, but it’s sufficient to say that every case is different and that determining the proper measure of damages at the outset of a suit will help you determine whether it’s beneficial to bring a suit at all, and if it is, when it’s appropriate to settle.

Conclusion: You need an experienced construction attorney

The attorneys at the Cornerstone Law Firm have experience in all sorts of litigation. We’ve handled messy cases, simple cases, and everything in between! Call the attorneys at the Cornerstone Law Firm today to discuss your construction litigation case and let us help you figure out how to proceed.