Important Car Insurance Information: Limited Tort LIMITS Your Ability to Recover After a Car Accident!
When deciding on automobile insurance coverage it is imperative to understand full tort and limited tort. It is very important to understand these two coverage options and what each of them entitles you after an auto accident. O’Malley & Perry Law has over 30 years of experience dealing with cases involving both full tort and limited tort insurance policies.
HOW LIMITED TORT LIMITS YOUR ABILITY TO RECOVER AFTER AN ACCIDENT
Limited tort policies do not cover all of the damages that can result from a car accident. Much in line with the phrase in the title of this article your ability to recover is limited if you make a limited tort election when you are purchasing car insurance. A household with a limited tort policy may receive compensation for monetary damages only; out of pocket expenses and medical bills. Pain and suffering, is NOT covered under a limited tort policy. Limited tort policyholders cannot sue for pain and suffering unless they are considered to be suffering serious bodily injury. Exceptions to the serious bodily injury requirement are:
- The other driver committed an intentional act that caused the injuries
- The other driver was operating a vehicle registered in a state other than Pennsylvania or
- The other driver had no insurance
Although a limited tort policy is cheaper, we do not believe the difference in price is substantial enough to justify choosing limited tort over full tort coverage.
FULL TORT ELECTION ON AUTOMOBILE POLICY
Full tort insurance means a slightly higher premium in most cases, but the rights to compensation are broader in your personal injury case. Although limited tort premiums may be less costly than full tort policies, these policies may cost more in the long run if someone on the policy experiences an automobile accident caused by someone else’s negligence.
It is important to note that full coverage and full tort are not one in the same. You must specifically make sure you have full tort on your automobile insurance policy. It is also important to note that the full tort policy applies to all the members of your household. We at O’Malley & Perry Law believe that, the additional money paid at a premium for the full tort coverage is worth the recovery that this type of policy entitles you to, in the case of an accident.
Full tort policies allow households to receive full compensation for all the damages related to a car accident. This includes: Medical Expenses, Lost Wages, Damage to Vehicles and Pain and Suffering.
This policy option provides you with an increased chance to receive monetary compensation related to an accident.
Four Safe Driving Tips That Can Help You Avoid A Truck Accident
Accidents involving large trucks are one of the most devastating types of motor vehicle accidents. This is simply because of the sheer size and weight of these vehicles, when they collide with another vehicle it can be catastrophic. The Commonwealth of Pennsylvania has numerous interstate highways that are seemingly flooded with tractor trailers. Therefore, it is crucial that Pennsylvania drivers understand how to drive safely around these vehicles to avoid a debilitating accident. Here are four ways to stay safe when driving next to a semi-truck.
Avoid Blind Spots
Semi-trucks have much larger blind spots than other vehicles. The best policy is to avoid their blindspots so that your vehicle stays visible to the driver. Blindspots on semi-trucks include:
- 30 feet behind the truck
- 20 feet in front of the truck
- Driver’s side lane from the front of the truck to halfway down the trailer
- The passenger side of the truck for two lanes
Avoiding these areas can ensure that the truck doesn’t collide with your vehicle when merging or changing lanes. It will also make sure that they see your vehicle, so they take precautions to avoid hitting you.
Give The Truck Extra Space
As trucks are much larger, it takes longer for them to accelerate and to stop. They also take very wide turns, often taking up two or more full lanes. Furthermore, semi-trucks are more vulnerable to certain road hazards than other vehicles. For example, high winds can cause tipping and rollovers. They can jackknife if required to stop quickly. They also can experience tire blowouts. This can lead the truck to swerve, brake suddenly, or even tip. The blown tire can also get trapped under your vehicle or smash into your windshield. So when driving near a semi-truck always keep your distance.
Always Use Your Signals
As trucks are larger, they have a longer response time. So not only should you always use your signals to communicate your actions, make sure to use them as early as possible. The more time the truck driver has to know that you are changing lanes or turning, the more time they have to allow you space.
Exercise Extreme Caution When Passing
Trucks and/or Tractor-Trailers need more time to adjust to changes, so it is important that when you do pass you are extra cautious. Always signal your intent and try to only pass on the left hand side. Truck drivers have more visibility of the left lane than the right lane. If the truck is going up or down a hill, wait until you are back on flat land to pass. Truck speeds vary greatly on elevation, so it’s best to just give them time. Finally, if a truck is passing you, move to the right, slow down slightly and maintain your speed. This will give the truck more time to pass and keep you safe during the change.
What To Do If You Are In A Semi-Truck Accident In Pennsylvania
Even the most cautious, defensive drivers sometimes end up in a collision with a semi-truck. In these cases, the first thing you need to do is get to safety. Semi-trucks tend to drive mostly on highways and interstates. If you can, pull off to the side of the road out of the way of traffic. If you or your passengers are injured, contact an ambulance and seek medical attention immediately.
Your health and safety are the most important things, so all the rest can wait in the case of injuries. Next, contact the police to file a report. Then exchange contact information with the truck driver. Then call your insurance company to report the accident. Make sure though to avoid any details that could be used against you later down the line. Just stick to the facts. Finally, contact an attorney. Semi-truck accidents are far more complicated than automobile accidents, so you will need the help of a legal expert.
Our skilled attorneys at O’Malley & Perry Law specialize in truck accidents. We’ll review your accident and determine all the at-fault parties. Then we will calculate your damages and pursue a fair settlement. Give us a call at one of our Northeast Pennsylvania Office a call for a free case review and learn how we can help.
MATTHEW J. PERRY
Partner
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Rideshare Accidents: Who Is Liable?
If an Uber or Lyft driver is at fault for your accident, it can be difficult to know whether you have a claim against the driver or the company. Ridesharing companies are not like typical employers. They classify their drivers as independent contractors, thus escaping vicarious liability, or the liability of an employer for the actions of employees. In many cases, the individual Uber or Lyft driver at fault will face liability, just like in a typical car accident claim.
If you were a rideshare passenger, however, you may be able to file your claim with Uber or Lyft’s insurance company rather than the individual driver. Both rideshare companies keep insurance policies to cover passenger damages after accidents. You can hold Uber or Lyft financially responsible for your injuries by filing a claim with them through the app or over the phone. A lawyer can help with the claims process, including negotiating for fair coverage.
Northeast and Central Pennsylvania Rideshare Accident Lawyer
Hailing a rideshare vehicle through the Uber or Lyft app should be a safe way to get to your destination. Yet rideshare drivers are just like other drivers, and may often make mistakes leading to serious accidents. If you have recently suffered serious injuries in an Uber or Lyft accident in Scranton and surrounding areas, the injury attorneys at O’Malley & Perry can help. Contact us to discuss the possibility of securing compensation from one or more parties with our assistance. Initial consultations are free.
WHY CHOOSE O’MALLEY & PERRY?
We have the resources to take on even the most challenging rideshare accident cases, with large corporations such as Uber and Lyft involved. We aim to make the legal experience as stress-free as possible for clients. We only charge for our services if we win the case. If we do not secure you a financial award, you will not have to pay your attorney.
DO I NEED A RIDESHARE ACCIDENT LAWYER?
A rideshare accident can have a number of factors that make the litigation process more complicated than it should be. Rideshare accidents typically involve multiple parties, including the rideshare companies themselves – making negotiations especially difficult. Determining the value of your claim can often be complex, requiring expert advice. If you were injured as a passenger of a rideshare accident, the claim can be that much more complex.
At O’Malley & Perry we can help navigate these obstacles and ensure that you secure the maximum possible compensation for your needs.
WHY DO RIDESHARING ACCIDENTS HAPPEN?
Distracted driving is an especially high risk during an Uber or Lyft ride. Both companies force their drivers to use their cell phones while driving. Drivers have to use the company apps to accept and pick up riders while delivering other passengers. This can lead to distracted driving collisions such as rear-end accidents or striking a pedestrian. Other acts of rideshare driver negligence could also lead to a claim:
- Speeding
- Drowsy driving
- Driving while intoxicated
- Ignoring rights-of-way
- Running red lights or stop signs
Whether you were a passenger in the rideshare vehicle, a pedestrian or bicyclist, or the driver of a third-party vehicle, you may have a claim against the Uber or Lyft driver for negligence. Understanding liability for your recent accident may take help from an attorney.
CONTACT US FOR A FREE CONSULTATION
O’Malley and Perry understands the complexities of ridesharing accidents in Pennsylvania. We have been representing clients in ridesharing accident claims since the advent of this transportation service. We are not afraid to go up against large companies or their insurance providers in pursuit of recovery for our clients. Trust us with your claim so you can have peace of mind during your medical treatments. Start with a free consultation about your Uber or Lyft accident. Contact us to speak to a qualified rideshare accident lawyer today.
What Is the Connection Between Medical Malpractice and Cerebral Palsy?
How Is Medical Malpractice Related To Cerebral Palsy?
When it comes to birth injuries, parents and their families are left with a number of questions that may be hard to answer. Some may wonder what to do next—some may not even be sure what they can do or what to expect. However, it’s important to understand what causes birth injuries such as cerebral palsy.
There are a number of various potential causes that can lead to an infant having cerebral palsy, but one thing is apparent: medical malpractice is a substantial factor. The errors of medical professionals can lead to this serious condition and knowing how they relate can help individuals understand their legal options.
Failure to Properly Monitor the Pregnancy
Your doctor is tasked with providing you the utmost care throughout pregnancy and to ensure this, they must properly monitor you and the baby throughout the pregnancy. This includes checking fetal heart-rate and providing information to the parents about ways to keep their baby safe.
When they fail to identify problems during the monitoring process, it can lead to a fetus being harmed. This can result in cerebral palsy or a number of potential conditions or injuries. This can put the doctor at fault for any injury that may occur.
Problems During the Delivery
Another potential cause of cerebral palsy is when doctors or other medical staff are negligent during the delivery. This could include not monitoring the mother and baby during labor, or if the doctor improperly uses forceps or a vacuum extractor to aide in getting the baby delivered.
Unfortunately, when these instruments are not used correctly, they can cause trauma to the head of the infant, which can lead to cerebral palsy. This condition can impact how the baby is able to use their muscles and develop motor function.
At O’Malley & Perry, we are aware of how negligence can result in serious harm to a child. We want to help the families of those affected seek justice against the responsible party. Our Northeast and Central Pennsylvania birth injury lawyers are here when you need us most, helping you seek the compensation you need.
MATTHEW J. PERRY
Partner
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Pennsylvania Increased Penalties For Texting While Driving and How It Matters To Your Truck or Car Accident Case
In the Commonwealth of Pennsylvania, more than 14,800 crashes in 2015 were caused by texting while driving a car or truck which resulted in 66 deaths. It is clear that Pennsylvania state legislature is attempting to crack down on this issue. Lawmakers believe that it is critical that we make sure that our drivers are aware of the consequences of distracted driving to eliminate deaths caused by this dangerous behavior. According the National Highway Traffic Safety Administration, conducted in 2012, 3,328 deaths were caused by distracted driving across the United States. Approximately 421,000 people were injured in accidents involving a distracted driver.
Governor Wolf recently signed a bill putting into effect “Daniel’s Law,” which enhances the penalties for an accident caused by texting while driving resulting in serious bodily injury or death.
Governor Wolf stated “I am proud to sign House Bill 2025 into law which enhances the penalties for distracted driving in Pennsylvania that results in a severe injury, or death, this behavior, which has been allowed to go under-punished for far too long, has been demonstrated to be just as dangerous as drunk driving. Distracted driving has fatal, irreversible, and grave consequences and by signing this bill, I hope to make our roads and highways safer for our citizens, and everyone using them.”
State Representative Jarret Gibbons who was instrumental in advancing the bill stated “It is our hope Daniel’s Law will lead to safer roads by raising awareness of the serious consequences that can happen when you text while driving. I was honored to stand up for the Gallatin family when they came to me after suffering this horrible tragedy. While we cannot bring Dan Gallatin back, at least his family will know that through this law, his loss will help to save lives,”
This law is named for Daniel Gallatin, a father, grandfather, military veteran, and fireman of nearly 40 years who was killed in May of 2013 when his motorcycle was struck from behind by someone who was texting while driving.
According the National Highway Traffic Safety Administration, 3,328 deaths were caused by distracted driving nationwide in 2012 and approximately 421,000 people were injured in accidents involving a distracted driver.
If you are injured in a car and/or truck accident as a result of someone else’s negligence it is important that you fully understand the consequences of distracted driving as it relates to your case. Our team of Attorneys and O’Malley & Perry Law have handled cases involving car or truck accidents for over 30 years. Contact the Car and Truck Accident Attorneys of O’Malley & Perry Law for your Northeast and/or Central Pennsylvania car or truck accident today 570-348-3711 or info@ohdplaw.com. You’ll want us on your side.
MATTHEW J. PERRY
Partner
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Recognition of Medical Malpractice and Your Rights
Doctors, nurses and other medical professionals are in a position of inherent trust. In fact, they’re trusted by virtually all of their patients and patients’ loved ones.
Any time someone sustains an injury or has a medical issue that warrants medical treatment, most go to the hospital or urgent care facility for medical attention they might require. While under their care, the patient encounters many different medical specialists. Each one of these individuals owes a duty of care to the patient and when they fail to achieve their duty, you deserve to be compensated.
Although the doctor – patient relationship is one built on trust, there are times when issues arise. These mistakes can lead to further injury, increased risk of harm and/or the condition worsening and it’s important for individuals to understand what this is, how it happens, and ways you can seek help as a victim.
What is Medical Malpractice and What are My Rights?
Medical malpractice and/or medical negligence basically means that there was a breach in the duty of care by doctor or other medical professional and/or facility to the patient. This can occur in many different ways but there are some ways that we see it happen repeatedly. Medical malpractice has become a more common problem than it should, leaving individuals suffering as a result.
Victims of medical malpractice are afforded the right to seek legal action against the responsible parties under Pennsylvania statute. However, there are critical points that need to be proven prior to starting the lawsuit.
- The doctor, nurse or healthcare professional had a duty of care to the patient
- The duty of care was breached by an act of negligence
- The breach led to a mistake by the medical professional
- The mistake caused serious harm to the patient
When all of these things are present, it can lead to serious harm for a patient.
What can be considered Medical Malpractice and/or Medical Negligence?
There are a number of actions that can be considered medical malpractice and/or Medical Negligence. Here are some of the most common actions or inactions that may be considered medical malpractice.
1) Wrong Tests Ordered
When someone goes into a hospital with an ailment, the first step once they see a doctor is often to have tests performed. Whether this includes blood work for various conditions or x-rays for injuries, these tests tell the doctors a lot about what could be wrong.
If the doctor misunderstands the condition or is not properly trained, they may order the wrong tests. In some cases, inexperienced technicians may also perform the wrong test if communication isn’t present or if they misinterpret the records.
2) Missed Diagnosis
Missed diagnosis is a serious problem when doctors are either inexperienced or when they don’t pay close enough attention to their patients. The patient may have symptoms that the doctor dismisses, making it so the problem goes untreated. This could result in even further harm to the patient. This may also occur when a doctor or medical facility is too busy, overcrowded or has too many patients to look after.
3) Misdiagnosis
Misdiagnosis occurs when the doctor does diagnose a problem, but does so incorrectly. For instance, if the doctor recognizes symptoms of a cold, but a more serious condition displays the same symptoms, misdiagnosis occurs if the doctor dismisses one condition without testing for it.
They may diagnose the cold without considering any of the other conditions with the same symptoms. When this happens, treatment is only provided for one of the conditions. This can lead to the condition worsening creating an increased risk of harm and causing long-term damage.
4) Surgical Errors
Surgical errors are some of the more severe incidents of medical malpractice because it involves a time in which a patient is already vulnerable. This can include operating on the wrong body part or wrong patient, leaving an item in a patient, and more.
Questions to Ask your Doctor, Nurse or Healthcare Provider
There are a number of things patients should know when visiting a hospital, and questions that they want to be sure they are asking in order to ensure the best care possible.
If you feel as though there is something wrong with the diagnosis or tests ordered, be sure to ask your doctor if they are sure about the decision. It’s your health, never be afraid to second guess if you feel something is off. If you’re still uncomfortable with the doctor’s diagnosis you should consult another doctor for a second opinion.
Don’t be afraid to ask your doctor to order more tests or to look at results again. You can also ask what other conditions have the same symptoms you’re experiencing if you feel something is worse than diagnosed. Your questions can help the doctor decide to perform more tests and look for more issues than initially thought.
Who Is at Fault In Medical Malpractice Cases?
When it comes to legal issues involving medical malpractice, things can get complex because there are a number of people who may be considered responsible. Because making this determination can be so cumbersome, you create an advantage for you and your loved ones when you consult a medical malpractice attorney at O’Malley & Perry Law. There are factors that come into play when there are multiple issues involved in the medical facility.
The parties who may be considered liable in a medical malpractice lawsuit include the hospital, either because it has dangerous policies in an effort to save money, or its healthcare providers because it employs them. Sometimes the hospital is not involved and the healthcare providers, whether nurses, doctors, or technicians, are the ones who cause the injuries.
Having a better understanding of medical malpractice and what can happen is important in protecting yourself and your rights.
What Seeking Legal Action Means for Victims and Their Families
For many, the idea of legal action doesn’t typically cross their mind when dealing with a serious situation such as medical malpractice and/or medical negligence. They’re worried about their own health, the health of their loved ones and sometimes so concerned that they fail to seek representation.
However, it’s critical to know how imperative this is and what it can mean for you as an unfortunate casualty of medical negligence.
First, you should know that medical malpractice cases are typically handled on a contingency fee basis. This means that clients don’t have to pay anything out of pocket. Instead, they only pay if and when a case is successful and the fee comes out as a percentage of the recovery. In other words, pay nothing unless your attorney’s recover money in your case.
Again, you don’t have to pay your lawyer on an hourly basis. In fact, you don’t pay your lawyer until after a recovery is made my them on behalf of you or your loved ones.
Second, you should know that the compensation you seek can be used to help cover medical expenses arising from the issues you’ve encountered, lost wages if you were unable to work because of the injuries, and more.
Furthermore, taking legal action does more than just help a victim seek compensation.
There is much more to it than just compensation. It’s also about seeking justice from the negligent party and bringing the reckless and outrageous conduct to public view. Far too often, medical professionals and hospitals sweep serious negligence and malpractice issues under the rug because victims don’t take action.
By hiring a medical malpractice attorney from O’Malley & Perry Law, you’re forcing the negligent parties to accept responsibility for their actions. Even better, you’re forcing them to positively change their standards and improve their safety processes. This works to help prevent these issues from happening to others in the future.
This makes a substantial difference. You can protect others from harm. And you can right the wrongs you have experienced as a result of malpractice.
At O’Malley & Perry Law, we recognize how serious medical malpractice issues are and know that medical professionals should be held accountable for their actions. We don’t take these types of cases lightly and we work hard to guide victims through the process.
Our Pennsylvania medical malpractice attorneys will guide you through every step of process. If you’ve been harmed, you have the right to take legal action and we want to take that action on your behalf because you deserve justice and fair compensation for your injuries.
MATTHEW J. PERRY
Partner
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Pennsylvania Medical Malpractice Statute of Limitations
In Pennsylvania, patients only have a limited amount of time to file a medical malpractice lawsuit, known as the statute of limitations. Once this time period expires, victims of an accident or injury can no longer file a lawsuit to recover compensation for their losses.
The statute of limitations varies depending on the type of injury suffered. In Pennsylvania, the general statute of limitations for a medical malpractice lawsuit is two years; however, there are exceptions that can either extend a patient’s time limit for filing a lawsuit.
If you or a loved one has been injured due to the negligence of a doctor or hospital, it’s important to seek legal help immediately.
If you don’t pursue your case within the statute of limitations, the law can bar you from recovering compensation for your injuries. To contact our Pennsylvania medical negligence lawyers today, please complete our free, no-obligation case review form.
FAQs
Pennsylvania Medical Malpractice Law
How can the statute of limitations apply to my case?
The statute of limitations for medical malpractice in Pennsylvania generally falls into one of two categories:
- Medical malpractice claims resulting from an injury must be filed within two years from the date of the injury
- Medical malpractice claims resulting from a “failure to diagnose” may be given a limited extension by the court, depending on the facts of the claim. In these cases, the two-year time limit begins on the date the injury was realized.
Because every case is different, it is advisable to contact our medical malpractice lawyers in Pennsylvania to determine the statute of limitations that applies to your specific lawsuit.
Do I Have a Case?
Our medical malpractice attorneys can review the details of your situation to determine whether the statute of limitations has expired. If it has not, we can examine the actions (or failure to act) of your hospital, doctor or another healthcare provider. If a healthcare provider’s treatment was below the standard of care and If their negligence resulted in injury or death, we may be able to help you file a medical malpractice lawsuit to recover compensation for pain and suffering, lost wages, and additional medical expenses.
To learn more, please complete our free, no-obligation case review form.
MATTHEW J. PERRY
Partner
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Why Choose O'Malley and Perry As Your Personal Injury Attorneys?
If you have been injured due to someone else’s negligence, we hope you are on the road to recovery. However, it is likely that some person, company, or corporation is directly responsible for your injuries; or a beloved family member’s wrongful death. Our team of caring and experienced Pennsylvania personal injury lawyers at O’Malley & Perry Law will fight for our clients to help them win the rightful justice they deserve and seek compensation so they and their families can resume their normal lives. Our team of Northeast and Central Pennsylvania injury attorneys at O’Malley & Perry Law is well-suited to serving all your needs. We will provide a free and honest appraisal of your case and answer every question you have about the complicated aspects of personal injury law and the equally intimidating claims process. When you call our injury law firm — no matter the time — you will immediately speak with a caring and knowledgeable staffer who can schedule a consultation with an attorney located at our Scranton Pennsylvania offices. En Español.
Your initial, and free consultation appointment will occur very quickly with one of our dedicated attorneys. We handle almost every one of our cases on a contingency basis, which means you will pay nothing unless we obtain compensation on your behalf. Even if you are an undocumented immigrant, your residence status should not disbar you from seeking recovery for an injury you’ve suffered in Pennsylvania. However, it is still helpful to consult with an experienced attorney before you proceed. We strongly believe that an educated client makes a successful plaintiff. Below you will find a general overview of personal injury law. It will only take a few minutes to review and is well worth your time; because the better you understand the basics, the more informed your decision will be when choosing counsel to represent your interests.
Principle of Personal Injuries in Pennsylvania
Personal injury is the legal term given to bodily harm. A common example is a car accident where, a few days later, you can hardly move your head due to severe neck pain. Other examples include a doctor’s misdiagnosis of a “minor bump on the head” after you slipped and fell, and later you begin to show symptoms of traumatic brain injury. Premises liability claims also fall under the personal injury umbrella because such cases often involve injuries sustained because another individual or organization failed to provide the injured party with a reasonable standard of care. Defective products that are unsafe and cause you harm are another example of personal injury cases.
Medical malpractice occurs when doctors or other healthcare professionals fail to uphold their profession’s standard of care and cause harm to patients. Some common examples of medical malpractice include misdiagnosis, surgical mistakes, prescription errors, and birth injuries.
Personal injury can also involve intentional harm, such as nursing home abuse. Seniors who experience mistreatment at a nursing home or assisted living facility may be entitled to compensation for bedsores, infections, physical abuse, and other injuries.
Other common injury cases stem from accidents occurring at the workplace. Following an on-the-job injury, victims may be eligible for workers’ compensation benefits to cover their medical expenses and lost wages.
There’s no limit to the ways in which a person can be injured, and many cases include more than one defendant. In the most tragic cases, individuals may die as a result of their injuries, which can be grounds for a wrongful death claim. An experienced Northeast and Central Pennsylvania injury lawyer will be able to assist you in the event you elect to pursue legal action, regardless of the type of injury you have suffered.
MATTHEW J. PERRY
Partner
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O’Malley & Perry’s Process After You've Been in an Accident
Accident lawyers must be prepared to meet these challenges on behalf of their severely injured clients, and go above and beyond to secure fair compensation for your injuries.
Our Process
- Documentation
First, your legal team at OP Law will gather records related to your claim, including medical records, medical bills, and insurance policy information.
These documents will help your attorney understand the extent of your injury, and build your case for compensation. - Investigation
Your attorney and legal staff will investigate your accident in great detail to gather the necessary evidence. - Negotiation
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.
O’Malley & Perry Fights for Car Crash Victims in Pennsylvania
At O’Malley & Perry Law, our team of lawyers have achieved great success on behalf of people severely injured in car accidents, and their families. Our lawyers take insurance companies to task and hold negligent drivers accountable for the harm they cause. If you or a loved one has been seriously injured in a wreck, our legal team can provide an evaluation of your case at no-cost.
At O’Malley & Perry Law, our legal team has an undeniable record of success for clients severely injured in Northeastern Pennsylvania auto collisions. We will fight for you so that you and your family can get the compensation they deserve. Contact us for a free case evaluation today.
MATTHEW J. PERRY
Partner
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Critical Tips: What To Do After You've Been in an Auto Accident
If you are involved in a motor vehicle accident there are important steps that you must take in order to protect yourself. Remembering to take the following steps when you’re involved in a car or truck accident will have a substantial effect on the outcome of your personal injury claim.
1) Contact the Police and/or File a Police Report
If possible, contact the police immediately. Their presence at the accident scene can help ensure that you have records of important information for your personal injury claim. This may include the names and contact information of other parties that were involved. Also, the report itself can serve as a record of the important facts involved in the accident. The police report can be used as evidence at the time of trial to assist in the determination of which party caused the collision.
If you are unable to contact the police at the time of the accident it is important that you contact them as soon as possible thereafter so they can write a report.
2) Get Medical Treatment
If you’ve been injured as a result of someone else’s negligence, you must seek medical treatment. You should be aware that failing to seek medical attention after an accident can sometimes reduce the amount of damages you are able to recover. Therefore, after a car accident it is important to call your doctor, go to the emergency department of a local hospital or go to an urgent care so a medical professional can assess your injuries.
3) Statements at the Scene of the Crash
You are not required to comment on whose fault the accident and/or injury was or to offer additional information. Avoid making statements that might make the situation more complicated, and avoid creating conflicts in relation to the event.
4) Keep Copies of Your Records and Be Prepared to Provide Copies to Your Personal Injury Attorney
Make sure to keep copies of records that relate to the incident and/or injury you sustained. This may include hospital bills, medical diagnosis statements, bills related to property damage, and insurance records. You may also need to maintain records of lost wages if the injury has caused you to miss work.
5) Be Careful When Dealing with Insurance Companies
In most instances, working with an insurance company will be necessary in order to complete your personal injury claim. It is helpful to have a lawyer on hand for advice when dealing with large insurance companies.
6) Contact Your Lawyer Before Signing Any Documents!
Make sure you completely understand the terms of any forms and documents to be filled out in relation to the incident. Do not sign any forms or documents if you are not sure of how they will affect you. This includes any forms that may be presented to you by an insurance company after the event. Insurance companies and/or their attorneys may present you with documents or contracts that ask you to release the other party from liability, or that require you to forfeit your right to a lawsuit. It is imperative that you contact your lawyer before signing any documents related to the personal injury event.
7) Avoid Settling on Your Own
Settling your personal injury claim on your own with the other party or with their insurance company is a complicated process. Working with a lawyer can help you avoid costly mistakes that can have negative effects on your claim. An experienced personal injury attorney can help you maximize your recovery related to your incident.
8) Be Aware of Filing Deadlines!
It is important that you pursue your legal claim or lawsuit in a timely manner. The majority of personal injury claims have filing deadlines. This is known as the “statute of limitations” which can vary depending on the state and the type incident. Once the statute of limitations has expired, you will likely lose your right to file a lawsuit.
9) Research the Legal Process
It may be worthwhile to familiarize yourself with the basics of personal injury lawsuits in your jurisdiction. Preparing a case for settlement and filing a lawsuit can be a long and costly process. Speaking with a lawyer for some basic guidelines can help make the process easier to digest.
10) Be Sure to Hire the Right Kind of Lawyer
Be sure to hire a firm that specializes in representing people injured as a result of someone else’s negligence. O’Malley & Perry Law has ample experience handling all types of personal injury matters. Call us today for a free consultation or with any questions you have about your claim. An attorney from our firm will be happy to assist you.
Questions? Contact us directly to discuss your options and answer any of your legal concerns today.
MATTHEW J. PERRY
Partner