Read Our Frequently Asked Questions to Get the Answers You Need Today

Do I have to accept the insurance company’s first offer? How do I know if I need an attorney? My baby suffered a birth injury. Should I talk to the hospital’s lawyers?  We answer questions like these and many more in our collection of Frequently Asked Questions. Feel free to browse our topics and contact us if you do not find the answers you are looking for.
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  • How will I be compensated for a construction accident injury?

    injured_construction_workerSerious construction accidents are a daily occurrence in the United States. In fact, more than 200,000 construction accidents result in injury each year, according to the Bureau of Labor Statistics.

    Some of the most common and dangerous types of construction accidents include falls, electrocutions, exposure to hazardous materials, and struck-by object or caught-in between incidents.

    The injuries sustained in a construction accident vary, but may include:

    • Broken bones
    • Burns
    • Eye injuries or vision loss
    • Head or brain injuries
    • Back or spinal cord injuries
    • Amputation or loss of limbs

    Any of these injuries can require extensive medical treatment and a long period of recovery, and may even render the construction crew member temporarily or permanently unable to work. Fortunately, in Pennsylvania, injured construction workers aren't without legal rights and protections, and may be entitled to compensation for medical expenses and other losses.

    Who's responsible for compensating construction workers for on-the-job injuries depends on a variety of factors. The Pennsylvania workers' compensation system is often the first and only recourse for injured construction workers. This no-fault system compensates accident victims for medical expenses and lost wages. However, the Pennsylvania Workers' Compensation Act shields employers from personal injury cases brought by their employees.

    Sometimes construction accident injuries aren't caused by the negligence of employers or coworkers, but by the negligence of someone who's an independent contractor or employed by another company. In such cases, the injured construction worker may have grounds for a third-party construction accident claim, and the other worker or company may be financially responsible for their injuries.

    Consult a Knowledgeable Construction Accident Attorney

    Third-party construction accident claims can be extremely complex. However, there are numerous benefits to pursing themspecifically, injured workers can seek compensation for non-economic damages like pain and suffering, mental anguish, and other damages.

    Not sure if you have grounds for a third-party accident claim? The Accident and Injury Law Group offers prospective clients a free initial case analysis. Contact a workers' compensation attorney today to schedule an appointment to discuss your case.

     

  • What compensation can I get if my newborn is permanently injured during the labor and delivery process?

    father_with_babyWelcoming a new baby is one of the most joyous occasions a family can experience.

    However, when a doctor, nurse, or other medical professional fails to provide an acceptable standard of care during the pregnancy or labor and delivery process, serious birth injuries can result.

    Sadly, some of these injuries can cause permanent health problems or impairments.

    Examples of permanent birth injuries related to medical malpractice include:

    • Perinatal asphyxia. When an infant is deprived of oxygen during labor or delivery, the resulting long-term impairments can include seizures, cerebral palsy, and developmental disabilities.
    • Intracranial hemorrhage. Often caused by the misuse of labor and delivery tools such as forceps and vacuum extractors, an intracranial hemorrhage is bleeding between the skull and brain which, if serious, can lead to physical and intellectual impairments.
    • Cerebral palsy. This occurs when an infant sustains a brain injury in the womb or during labor and delivery. Cerebral palsy can cause an array of impairments, including problems with balance and muscle control, exaggerated reflexes, and other complications.
    • Facial nerve palsy. Damage to these nerves during labor or delivery can result in permanently paralyzed facial muscles.
    • Spinal cord injuries. Tearing or bruising of the spinal cord during labor and delivery can result in intellectual disabilities, partial or total paralysis, and even death.
    • Fetal or maternal death. Serious birth injuries may result in the death of the mother or child.

    Any of the above permanent birth injuries can result in crushing medical debt. Pennsylvania law allows the parents of children who suffered birth injuries as a result of medical malpractice to seek compensation for a wide range of economic and non-economic damages, including:

    • Past, current, and future medical expenses related to the birth injury, including doctor and hospital visits, medications, therapies, assistive devices, and daily assistive care
    • Compensation for lost lifetime earnings for children who will be unable to work due to their birth injuries
    • Physical pain and suffering
    • Mental and emotional anguish
    • Loss of quality or enjoyment of life
    • Physical impairment
    • Permanent disability

    Did Your Child Sustain a Permanent Birth Injury Due to Medical Malpractice?

    The knowledgeable and compassionate birth injury attorneys with the Accident and Injury Law Group can help you understand your legal rights and options. Contact us today to schedule an appointment for a free initial case consultation.

     

  • If I'm injured in a parking lot, can I hold the business accountable?

    family_in_parking_lotParking lot accidents are far more common than most people realize. According to the Insurance Institute for Highway Safety (IIHS), approximately 20 percent of all vehicle accidents occur in parking lots, and these incidents account for roughly 30 percent of pedestrian accidents.

    In fact, research from the National Security Council shows that the more than 50,000 crashes that occur in parking lots each year lead to approximately 60,000 injuries.

    Some of these, such as broken bones, internal injuries, head traumas, and spine or back injuries, can be quite serious.

    When a pedestrian is injured in a parking lot accident, the first line of recourse is to file a personal injury insurance claim or lawsuit against the at-fault party, which allows an individual to pursue compensation for a wide range of damages, including medical expenses, lost wages, pain and suffering, and others. However, depending on the details of the case, the injured pedestrian may also have grounds for a premises liability claim against the business that owns the lot.

    Business owners have a duty to take reasonable measures to protect customers from being injured on the premises. This duty includes installing parking lot pedestrian crosswalks in a prudent manner, and posting appropriate warning signs and traffic signals. Business owners who fail to take reasonable precautions to protect customers from harm while in their parking lots may be held partially liable for the accidents and injuries that occur.

    Were You Injured in a Parking Lot Pedestrian Accident?

    If you were seriously injured in a pedestrian accident that occurred in a parking lot, you may be entitled to compensation. The seasoned premises liability and pedestrian accident attorneys with the Accident and Injury Law Group can review your case to determine if you have grounds for claims against both the at-fault driver and the business itself.

    Contact the Accident and Injury Law Group today to schedule an appointment for a free initial case consultation.

     

  • Can I file a lawsuit after a motorcycle accident if I wasn’t wearing a helmet?

    riders_with_helmetsMotorcycle helmets approved by the U.S. Department of Transportation (DOT) are approximately 67 percent effective in preventing brain injuries, and nearly 40 percent effective in preventing motorcycle accident fatalities.

    In fact, helmets saved the lives of nearly 2,000 motorcyclists in 2016 alone, according to the Centers for Disease Control and Prevention (CDC).

    Despite decades of research showing the efficacy of motorcycle helmets, many motorcyclists choose not to wear this essential piece of safety gear.

    After being injured in an accident, these same motorcyclists often wonder if—and how—failure to wear a helmet might impact their ability to file a personal injury lawsuit and seek compensation for damages.

    The answer to the question depends on a variety of factors, including your state's helmet laws, injuries, and ability to show the defendant was negligent and directly responsible for said injuries.

    Pennsylvania repealed its mandatory helmet law in 2003. As a result, only motorcyclists under the age of 21 who lack two years of riding experience or the completion of an approved motorcycle safety course are required to wear a helmet when operating or riding a motorcycle.

    Still, failing to wear a helmet might throw a wrench in the works if the primary injuries sustained were to the head or brain, as the defense might try to argue the injuries were the result of not wearing a helmet.

    Fortunately, because Pennsylvania is a “comparative fault” state, motorcyclists can still collect damages, even if they were partially responsible for their injuries. However, the damages they might collect may be reduced.

    Hire a Knowledgeable Motorcycle Accident Attorney

    If you were injured in a motorcycle accident caused by another person or entity's negligence, your failure to wear a helmet shouldn't prevent you from receiving rightful compensation. Contact the motorcycle accident attorneys Accident and Injury Law Group today to schedule an appointment for a free initial case consultation.

     

  • What if I was injured due to defective construction?

    broken_stairsDefective construction claims are premises liability cases involving injuries and losses that occur as a result of a property's unsafe design or construction.

    Injuries in these types of cases may be caused by:

    • Fires
    • Falls
    • Structural defects
    • Dangerous designs
    • Defective mechanical or electrical systems
    • Building code violations on the property
    • Building materials with poor design or manufacturing defects

    People injured because of construction defects may be eligible for financial recovery to compensate for medical expenses, lost wages, pain and suffering, and other damages.

    However, liability in defective construction claims can be complex, as these cases often involve multiple defendants. Potentially liable parties may include:

    • Property owners. This entity should know of the risk, whether by observing the problem themselves, responding to complaints made by employees or visitors, or through routine building inspections.
    • Companies and contractors who completed the defective work. The various architects, engineers, and contractors involved in the building's construction may be liable if defects in their work lead to injury.
    • Designers and manufacturers of defective building materials or components. If an investigation determines a faulty building component caused the injuries in question, a victim may be able to file a lawsuit against the product's designer or manufacturer.

    Were You Injured Due to Construction Defects?

    After a defective construction premises liability accident, it's important to act quickly to protect your right to recovery. In Pennsylvania, defective construction accident victims have just two years to file their premises liability personal injury claim.

    If you sustained serious injuries due to a property's construction defects, the knowledgeable premises liability attorneys with the Accident and Injury Law Group can help you understand both your legal rights and options. Don't wait—contact our firm today to schedule an appointment for your free initial case analysis.

     

  • Who pays for my medical bills if I'm injured in a car accident?

    medical_billsAfter being seriously injured in a car accident caused by someone else's negligence, victims often wonder who pays for their medical care and whether they'll be left holding the bag.

    While the answer to this question varies dramatically by state, in Pennsylvania, medical bills are submitted to the car accident victim's insurance first. This is because, as a no-fault state, Pennsylvania requires all parties involved in an accident to recover medical expenses and lost wages from their individual insurance providers, regardless of who's at fault for the crash.

    To accommodate this requirement, Pennsylvania drivers must carry a minimum of $5,000 in medical benefits insurance coverage, though higher thresholds for medical benefits coverage are available and recommended.

    Once an accident victim uses their auto insurance medical benefits coverage, they can submit their claim to their public, private or employer-sponsored health insurance provider, who pays a portion of the medical bills, provided the victim met the deductible. However, should the victim file a personal injury lawsuit against the at-fault party and receive a settlement, they may have to pay back the insurer for some of the bills it paid on their behalf. This process is known as subrogation.

    Finally, after exhausting their auto insurance medical benefits and health care coverage, victims can seek compensation for any remaining medical expenses from the at-fault party's insurance company.

    Car accident injury victims can also file a personal injury lawsuit against the person or entity responsible for the crash to pursue compensation for a wide range of other losses, including property damage costs, pain and suffering, and more.

    Consult a Knowledgeable Car Accident Attorney

    Determining who should pay for your medical expenses after a car accident can be confusing. Fortunately, our experienced car accident attorneys can help ensure you don't get stuck paying for bills that aren't your responsibility.

    Contact the Accident and Injury Law Group today to schedule an appointment for a free initial case consultation.

     

  • What's a third party construction accident claim?

    construction_workersConstruction sites are bustling workplaces where workers from multiple companies work side-by-side to complete a larger project.

    Even if construction workers can reliably count on themselves and the rest of their crew to follow important safety protocols, they can't always expect the same vigilance from other subcontractors and workers who come and go on the job site.

    When someone is injured in the workplace due to the negligence of a worker from another company, the injured worker may have grounds for a third-party personal injury claim. Unlike traditional construction accident injury claims, which must go through the state's workers' compensation system, third-party claims are pursued through the civil justice system.

    This means that rather than only receiving payments for economic losses and lost wages, injured construction workers can seek compensation for non-economic damages such as pain and suffering, mental and emotional anguish, and other conditions.

    Common types of injuries associated with construction accidents include:

    • Shoulder or knee sprains
    • Burns
    • Broken bones
    • Cuts or lacerations
    • Eye injuries or vision loss
    • Hearing loss
    • Exposure to toxic chemicals
    • Concussions, traumatic brain injuries and other head traumas
    • Amputation
    • Paralysis and other spinal cord injuries

    As one might imagine, third-party construction accident cases can be complicated. Fortunately, a seasoned personal injury attorney can help by thoroughly investigating the cause of the accident, determining the proper third-party to name in lawsuit, and examining all possible avenues of compensation.

    Did You Sustain a Third-Party Injury on the Job Site?

    If you're a construction worker who was injured on the job by a third party, it's important to act quickly to protect your rights. A knowledgeable workers' compensation attorney with the Accident and Injury Law Group can help you through every step of the process. Contact us today to schedule an appointment for a free, no-obligation initial case consultation.

     

  • What if I'm struck by a government or commercial vehicle?

    semi_on_streetThere were 4,438 pedestrian accidents in Pennsylvania in 2016, resulting in 4,218 injuries and 172 fatalities, according to the Pennsylvania Department of Transportation.

    While most of those accidents involved regular passenger vehicles, some involve government or commercial vehicles. This complicates a victim's ability to collect compensation for recovery.

    Pedestrians fortunate enough to survive being struck by a government vehicle or commercial truck often require extensive medical care and rehabilitation, and costs for these services add up quickly.

    When a government or commercial driver's negligence causes a pedestrian accident resulting in serious injury, the injured pedestrian may be entitled to compensation for medical expenses, damaged property, lost wages, pain and suffering, and other damages.

    However, that's not to say that bringing a personal injury claim or lawsuit against a government agency or commercial driver is without its challenges. For example, before filing a personal injury lawsuit against a government agency for injuries sustained in a pedestrian accident, the injured pedestrian is required to notify the appropriate agency within six months of the incident in question and provide specific information.

    In pedestrian accident cases involving commercial vehicles, such as semi-trucks, tankers, and buses, the challenges involve the severity of the injuries, and the rigors and resources of a corporate defense. Additionally, commercial truck drivers are subject to a number of state and federal regulations that don't apply to the average motorist. Proper evidence vital to the case—such as log books, driver qualification files, and vehicle inspection and maintenance records—needs to be obtained quickly before it's recorded over or otherwise destroyed.

    Consult a Knowledgeable Pedestrian Accident Attorney

    If you were injured in a pedestrian accident caused by a negligent government or commercial driver, the experienced pedestrian accident attorneys with the Accident and Injury Law Group can help you fight for the compensation you deserve. Contact our firm today to schedule an appointment for a free initial review of your case.

     

  • What kinds of insurance coverage do motorcyclists need in Pennsylvania?

    insuranceMotorcycle accidents can have serious physical and financial consequences for everyone involved, especially motorcyclists, who tend to suffer the brunt of the injuries in these types of collisions.

    Pennsylvania requires motorcyclists who ride on public roads to carry the following minimum liability coverage amounts:

     

    • $15,000 for the bodily injury or death of one person in an accident
    • $30,000 for the bodily injury or death of more than one person in an accident
    • $5,000 in property damage liability coverage

    Failure to meet the state's minimum motorcycle insurance coverage requirements can lead to stiff penalties, including:

    • Minimum $300 fine
    • Three month suspension of the motorcyclist's license
    • Three month suspension of the motorcycle's registration, which prohibits anyone to ride the machine

    Motorcyclists who have their license or registration suspended may also be required to pay a restoration fee to have those privileges restored.

    While carrying the mandated minimum liability insurance puts motorcyclists in compliance with Pennsylvania's insurance laws, it doesn't protect them from losses they could incur in an accident. For more complete protection, bikers can turn to options such as comprehensive coverage, or policies that include uninsured/underinsured motorist coverage.

    Some Pennsylvania insurance providers may even offer discounts for motorcyclists who've completed certain safety courses, or who have safe driving records or bikes with factory installed anti-lock braking systems. They may also be able to get a better deal by buying multiple insurance policies—such as car, motorcycle, and homeowners insurance—from the same provider.

    Consult an Experienced Motorcycle Accident Lawyer

    Motorcycle accidents can be both physically and financially devastating. If you were injured in a motorcycle crash caused by someone else's negligence, it's important to consult an attorney, as you may be entitled to compensation for medical expenses, lost wages, and other damages.

    Contact the Accident and Injury Law Group today to schedule an appointment for a free initial consultation to discuss your rights.

     

  • What happens if I'm rear-ended while riding my motorcycle?

    back_of_motorcycleRear-end accidents are often relatively minor when they occur between two passenger vehicles, but these crashes can be devastating when they involve a passenger vehicle hitting a motorcycle.

    Statistics from a 2015 report conducted by the National Highway Traffic Safety Administration indicated there were more than 4,600 fatal motorcycle crashes in the U.S.—170 of those in Pennsylvania.  

    Rear-end accidents are often caused by motorists who aren't paying attention, like distracted drivers; or those with
    reduced judgment or slowed reaction times, such as drunk, drugged, or drowsy drivers.

    Unlike people riding in a vehicle, a motorcyclist has no steel frame of protection in the event of a crash. The severity of the accident and resulting injuries depend in part on the vehicle's speed at the time of impact. Even at low speeds, a motorcyclist can be forcibly thrown from the bike. At high speeds, the front of the vehicle can lift the motorcycle's rear tire, hurling the motorcyclist to the ground or even under the vehicle.

    Common injuries attributed to motorcycle rear-end accidents include:

    • Severe abrasion injuries, also known as “road rash”
    • Lacerations
    • Contusions
    • Facial and dental injuries
    • Internal bleeding
    • Organ damage
    • Broken bones
    • Concussions
    • Moderate or severe traumatic brain injuries (TBIs)
    • Herniated discs
    • Partial or total paralysis
    • Amputations

    After being rear-ended, an injured motorcyclist may need extensive medical care and require time off work for recovery. While this can put a strain on an accident victim's finances, if the crash was caused by a negligent motorist, a knowledgeable personal injury attorney can help pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

    Take Action Now to Protect Your Recovery

    If you're a motorcyclist who was injured when rear-ended by a negligent motorist, you may be entitled to compensation. It's important to act now to protect any potential recovery.

    Contact the Accident and Injury Law Group today to schedule an appointment for a free initial consultation to discuss the details of your motorcycle accident case. Our lawyers are eager to help you understand your legal rights and options.