Pennsylvania Personal Injury Law Firm
Wolpert Schreiber P.C.527 Main Street
Royersford, Pennsylvania 19468
Articles Published by Wolpert Schreiber P.C.
Survival and Wrongful Death Claims in Pennsylvania Personal Injury Cases
Claims for Survival and Wrongful Death may be permitted in Pennsylvania when a personal injury case results in the death of the injured victim.Read Article
Factual Cause of Harm in Pennsylvania Injury Cases
In a Personal Injury case in Pennsylvania, you must prove that the incident caused your damages.Read Article
Making an Uninsured Motorist Claim in Pennsylvania after a Car Accident
Uninsured Motorist Benefits are coverage for bodily injury or damages after you were hit by another driver who either had no insurance or who left the scene and who remains unknown. Uninsured Motorist coverage is an important thing to have on your car insurance. It protects you and your family against other drivers at fault who either: (1) have no insurance or (2) flee the scene and remain unknown.Read Article
Pennsylvania Personal Injury Cases - Damages
In a Personal Injury claim in Pennsylvania, there are categories of damages under the law. If you have suffered injuries in a personal injury case, there are certain damages that you are permitted to seek. First, the law provides for compensation for past pain and suffering. That is, from the time of the incident up to present. Evidence of that pain and suffering includes medical treatment, photographs, witness testimony.Read Article
How Insurance Companies Value Your Car if it Was Totaled in a Car Accident
The insurance company has to pay you the actual cash value of your car or truck if it was totaled in a car accident in Pennsylvania. Pennsylvania Insurance Law provides that you are to be reimbursed for property damage if your car was totaled. The law says the insurance company owes you for the "actual cash value" of the vehicle. This means that the actual market value of your car or truck is what they owe you.Read Article
The Use of Subpoenas in a Pennsylvania Personal Injury Case
Subpoenas are useful tools in personal injury cases because they are a way of compelling documents, information or witnesses. A subpoena is a document issued through the Court that compels a "third-party" (that is, a person or company that is not one of the parties to a lawsuit) to either: appear and testify or give documents. Since third-parties are not part of the lawsuit, the subpoena is the way the Court has authority to require them to cooperate.Read Article
Injuries at Work in Pennsylvania Due to an Unsafe Condition Caused by a Third-Party
If a serious injury happens at work which was caused by a person or entity other than the employer, the injury person may have a personal injury claim. In Pennsylvania, if you were injured at work due to an unsafe condition caused by a "third party" you might have a claim for personal injury. Understand that you can not sue your employer for personal injury due to the Worker's Compensation Law, you can only bring a worker's comp claim against your employer.Read Article
Will My Car Insurance Cover Me if I'm Injured Due to a Hit and Run Driver?
In Pennsylvania, you may be able to recover damages for injuries by a hit and run driver if you have Uninsured Motorist Coverage on your insurance policy. If you injured in a car accident due to a hit and run driver, you should first contact the Police and make a Report. It may be that you can identify the vehicle or the license plate number. If that driver is later found, you would have a right to make a claim for bodily injuries and damages if the driver has insurance coverage.Read Article
Personal Injury Claims against the State or Local Government in Pennsylvania
State and Local Governments in Pennsylvania have "sovereign immunity" to personal injury claims except where there is an exception. One main exception is where there is a defect to the property that caused the injury. Injury Claims against Local Governments and the Commonwealth of Pennsylvania require that there be an exception to "sovereign immunity".Read Article
Workplace Injuries in Pennsylvania - Right to Bring a Personal Injury Case?
If you are injured in the course of your employment, you may have a personal injury claim if the injury was caused by a third-party (not your employer). In Pennsylvania, the Worker's Compensation Act was passed to both protect employers and facilitate with worker's compensation claims. What does this mean?Read Article
Surveillance Videos in Pennsylvania Personal Injury Cases
When a Plaintiff brings a case for personal injuries, he or she puts those injuries at issue. Defendants and their insurance companies seek to try to disprove the injuries. Sometimes, they use surveillance video to try to do that. It is important to understand that when you file a personal injury lawsuit, you are putting the injuries at issue. Meaning, the defendant insurance company will have the right to contest the injuries and defend the defendant in Court.Read Article
Assumption of the Risk Doctrine in Pennsylvania Personal Injury Cases
Assumption of the Risk is a rule that is used by Defendants in civil lawsuits. Assumption of the Risk is a potential defense, or way to defend a personal injury case. It is, however, often misunderstood. First, the person injured must have an understanding that they are taking a risk of danger by doing what they are doing. Second, they must voluntarily choose to accept the risk and do the activity anyway. Specifically, the likelihood and seriousness of the threatened harm must be appreciated.Read Article
Three Types of Claims for Falls on Ice at a Business Property in Pennsylvania Personal Injury Cases
If you fall on ice while a customer or patron of a business, there are 3 main types of claims. They are sometimes misunderstood. In Pennsylvania, owners or managers of commercial property open for business are required to keep their premises safe for people coming there for business reasons. For example, a store which opens for business must clear snow and ice or otherwise treat it with salt or other material so that patrons can travel safely.Read Article
Interrogatories in Personal Injury Cases
Interrogatories are a discovery tool in personal injury cases. Interrogatories are a routine part of personal injury lawsuits. They are a set of written questions sent by one party or side, to the other. They are part of the discovery phase of the lawsuit. The purpose of Interrogatory questions is to obtain information, i.e. discover information, about the other party. The questions will usually have a set of instructions to help define the terms or specific time frame of the interrogatories.Read Article
5 Exceptions to Limited Tort in Pennsylvania Car Accident Cases
If you have limited tort on your auto insurance and you were in an accident, it is important to find out if an "exception" is available. There are five exceptions to limited tort in Pennsylvania. When you have limited tort on your automobile insurance policy in Pennsylvania, there are a few exceptions. If you fall under one of the exceptions, then you are entitled to pursue your claim as if you had full tort.Read Article
Personal Animus Exception to Worker's Comp In Pennsylvania
The personal animus exception to worker's comp allows an employee to make a personal injury claim against his or her employer. The general rule in Pennsylvania is that you cannot sue your employer for personal injury arising from your employment. There is an exception called the "personal animus" exception.Read Article
Pennsylvania Car Accident - Who Pays My Medical Bills?
After a car accident in Pennsylvania, there is a priority of who is responsible to pay your medical bills. Understanding that priority is important to getting those bills paid and preventing you from being left with unpaid bills. When you are in a car accident in Pennsylvania, your medical bills must first be submitted to your own car insurance company.Read Article
Insurance Coverage Disputes
The basic principle of insurance is that a policyholder pays money called premiums to "insure" for the risk of a future loss event. Despite lots of specific definitions of what is covered in the policy contract, there sometimes a disagreement as to whether the incident is "covered".Read Article
Property Damage Total Loss Claims and Insurance Company Use of CCC
If your car was totaled in a collision, there's a good chance that the Insurance Company will use CCC Information Services to generate a valuation. What you need to know. When your car is declared a total loss after a motor vehicle accident, many auto insurance policies, including many in Pennsylvania, provide that you will be reimbursed for the actual cash value (read: market value) of your vehicle.Read Article
Personal Injury Cases: Fall or Trip Injuries Due to an Unsafe Condition
It is the responsibility of property owners and keepers to maintain their property in a safe condition. If they carelessly permit or cause a dangerous condition, they may be responsible for the harms and losses resulting to the injured person. In most states, including Pennsylvania, there may be a legal case if you are injured due to an unsafe condition to property.Read Article
Statute of Limitations in Pennsylvania Civil Cases
In Pennsylvania Civil (non-criminal) cases, there is a statute of limitations (i.e. filing deadline). The Statute of Limitations in Pennsylvania Civil Cases is a deadline that ends your rights to bring a claim. The general rule for most personal injury and tort cases is that this deadline is two years from the date of the incident or injury. For example, if you fell on ice on a walkway and were injured on January 1, 2012, then the Statute of Limitations deadline would be January 1, 2014.Read Article
During Insurance Claim: Requests from Your Insurance Company
If you look at your insurance policy, it will probably have a section stating that you have a duty or obligation to cooperate with your insurance company. What that means is explored here. Most, if not all, insurance policies will contain a provision or provisions that require the policyholder (or anyone defined as an "insured") to cooperate with the company. In fact, this language will typically state that it is a "duty" to cooperate.Read Article
Civil Complaints in Pennsylvania Personal Injury Cases
The Civil Complaint is what typically starts the litigation process in personal injury cases. A Civil Complaint is filed by the injured party to start a lawsuit. It is the legal mechanism to initiate the proceedings in Court and, unless a Court Order is obtained otherwise, the Complaint is a public document. The Complaint requires the "Plaintiff", which is the injured person, to set forth their claims against the "Defendant".Read Article
Can I Sue My Insurance Company if They Treat Me Unfairly?
Your insurance policy is a contract. It is an agreement where you pay premiums in exchange for the insurance company's promise to pay when a covered "loss" happens. But, what do you do if a "loss" happens but the company refuses to pay all or part of what is owed?Read Article
Hit and Run Car Accidents and Insurance Coverage
A hit and run car accident can be a difficult situation because if the striking vehicle is not found or identified, then there is no "at fault" or "liability" insurance company. However, you might be able to recover for damages.Read Article
What is a "Serious Injury" in a Limited Tort Car Accident Case?
In Pennsylvania, if you have limited tort and were injured in an accident, you must prove that you have a "serious injury" to get pain and suffering damages.Read Article
Understanding How to Prove the Causes of Back and Neck Injuries in Personal Injury Cases
Back and neck injuries are common results of trauma, but proving them in a personal injury case can be challenging.Read Article
Aggravation of a Previous Medical Condition in Pennsylvania Personal Injury Cases
Pennsylvania Law permits you to recover damages when you prove that a personal injury has worsened a previous medical condition or illness.Read Article
What Happens to my Personal Injury Case if I File Bankruptcy?
Personal Injury cases are affected by a bankruptcy filing. Timing, the value of the injury claim and whether a lawsuit is filed are all factors.Read Article
4 Ways to Prove Lost Wages in Personal Injury Case
Lost wages are part of damages that can be recovered in a Personal Injury claim. The insurance company will want documentation. You will need to provide that documentation in order to prevail in your claim.Read Article
In Pennsylvania Where Can A Personal Injury Lawsuit Be Filed?
There are certain factors that affect where a lawsuit can be filed. These can include where the incident happened, whether it falls under a federal law, and where the parties reside.Read Article
What Do I Do if My Insurance Company Denies My Claim?
Insurance company claims denials may result in you having a case against them for "bad faith".Read Article
I Aggravated My Back in a Car Accident- Do I Have a Personal Injury Case?
In most states, if you have a previous medical condition that is made worse in a car accident, you are entitled to recover.Read Article
When the Insurance Company Wants You to Attend a Medical Exam
In many personal injury or disability cases, the Insurance Company will request that you attend a medical exam with their doctor. This is not a doctor that treats you or has a doctor-patient relationship with you. Instead, this is a one time exam. The exam is for their doctor writing a report on the cause and/or severity of your symptoms and injuries.Read Article
Who Pays My Medical Bills after a Dog Bite?
Getting medical bills paid after a dog bite starts with finding out if the owner has homeowners insurance.Read Article
5 Things You Need to Recover Loss of Future Earnings in Pennsylvania
Loss of future earnings, also called "lost earning capacity" is permitted under Pennsylvania Law in personal injury cases. There are generally five things needed.Read Article
5 Tips on Managing Your Medical Treatment after a Personal Injury or Car Accident
Managing your medical treatment after you have been injured will help you medically get better and help document your personal injury claim.Read Article
My Insurance Company Won't Pay: Can I Sue My Insurance Company in Pennsylvania?
So, you have made an insurance claim and your Insurance Company won't pay. Can you sue them? In Pennyslvania, there are three main "causes of action" (grounds for suit) against your own insurance company.Read Article
I Was Hurt at Work, Do I Still Have a Personal Injury Claim?
In Pennsylvania, and other states, you can not make a claim against your employer for "pain and suffering", sometimes referred to as "bodily injury" damages. You can still make a claim against a "third party" if they were negligent and caused your injuries.Read Article
Is There Insurance Coverage if I Am Bit by a Dog?
In Pennsylvania, dog bites would be covered under the dog owner's homeowner's insurance, as long as there isn't an exclusion.Read Article
If I'm in an Accident in Pennsylvania in Someone Else's Car, Which Insurance Pays My Bills?
Which insurance company is supposed to pay your bills depends on the type of coverage (i.e., wage loss, medical, bodily injury) and the amounts of coverage on each policy. There is a "priority" as to which insurer must pay first.Read Article
4 Excuses Used by Insurance Companies to Pay Less on Insurance Claims
If you understand and recognize these excuses, you can avoid or combat them.Read Article
Why Does the Insurance Company Want Me to Fill Out an "Application for Benefits"?
If you have a new insurance claim, your insurance policy probably requires you to do an Application for Benefits. It's a formality required in the policy.Read Article
What is a Deposition?
A deposition is a question and answer session under oath which is transcribed by a court reporter.Read Article
Car Accident? Ten Things You Should Not Do
These are ten suggested things you should not do after you have been in a car accident in Pennsylvania and have suffered an injury.Read Article
In Pennsylvania, Does My Limited Tort Option on My Car Insurance Apply if I Was Hit as a Pedestrian?
In the Commonwealth of Pennsylania, if you were hit by a car while a pedestrian, your tort option selection on your auto insurance does not apply. You are considered full tort for purposes of this accident. In Pennsylvania, the law is that as a pedestrian, your "tort" option selection on your car insurance should not apply. It is considered an exception to limited tort.Read Article
What Is "First-Party" Coverage or "No Fault Coverage" for Car Insurance?
First Party or No Fault Coverage is the coverage you carry on your policy which is available even if the accident is the fault of someone else.Read Article
Is There a Consumer Protection Law in Pennsylvania?
Pennsylvania Consumers are protected under various laws. The foremost is the Unfair Trade Practices and Consumer Protection Law. That protects purchasers of household goods/services.Read Article
Can I Get Pain and Suffering Damages if I Have a Car Accident and Have "Limited Tort"?
In Pennsylvania, you have the option to choose full or limited tort. Limited Tort puts restrictions on your right to recover pain and suffering damages but you can still get them depending on the circumstances.Read Article
Dog Bite Attacks in Pennsylvania - How Do I Know if I Have a Case for Damages?
In Pennsylvania, there are specific laws for confinement of dogs.Read Article
What's the Difference between Filing in Small Claims Court and Filing in County Court in Pennsylvania?
Differences between Small Claims Court and County Court can help you decide which Court is better for your Pennsylvania Case.Read Article
Keys to Determining whether You Have a Products Liability Case in Pennsylvania
Do you believe you may have a case for a defective or unsafe product for an injury that occurred in Pennsylvania? Read this article to find out.Read Article
Can a Bar Be at Fault for Serving a Drunk Driver in Pennsylvania?
Pennsylvania law has a "Dram Shop" statute which holds bars responsible for serving a visibly intoxicated person.Read Article