A wrongful death claim is a civil claim that is filed by the personal representative of a decedent’s estate. Although the personal representative must bring the claim to court, the claim is for the benefit of surviving family members. A wrongful death claim can be pursued when a person or organization causes an individual’s death through an intentional act, negligence, or wrongful conduct. In Pennsylvania, a wrongful death claim may benefit spouses, children, or parents of the deceased.
A wrongful death claim may pertain to:
A successful wrongful death claim hinges on proving the following negligence elements:
While you may attempt to reach a settlement with insurance, a claims adjuster may not offer you and your family fair compensation. If you and your family are repeatedly offered low settlements or if negotiations stall, you may consider filing a civil suit. However, you only have two years after a person’s date of death to file a wrongful death action in Pennsylvania.
Damages are designed to compensate family members for their emotional and financial losses following their loved one’s death. Damages in a wrongful death claim may include economic and non-economic losses (collectively known as compensatory damages). Economic damages are measurable financial losses, which may encompass:
Non-economic damages, on the other hand, are intangible losses that impact a person’s quality of life. These do not come with a price tag but can affect a family’s emotional and mental health. In a wrongful death lawsuit, these may encompass:
If you want to recoup for your loved one’s pain and suffering prior to their death, you may consider filing a survival action. A survival action is designed to recover damages that the injured party would be eligible for, if he or she survived. In Pennsylvania, a wrongful death and survival action can be filed together.
If the wrongful party’s conduct was egregious, reckless, or intentional, then you may be able to recover punitive damages. Punitive damages do not reflect compensable losses, but rather to punish the offender and deter society from similar behavior. In Pennsylvania, punitive damages are capped at 200% of compensatory damages (economic and non-economic damages combined). If you believe that the wrongful party acted maliciously or with a reckless disregard for your family member’s safety, you should speak with our wrongful death attorneys.
When a negligent party caused your family member’s death, justice should be sought. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals is committed to assisting family members in recouping damages following the death of a loved one. To arrange your free consultation to learn your legal options, our office can be reached online or by calling (717) 496-0070 today.
]]>In a personal injury case, you will need convincing evidence to show how the defendant behaved illegally, causing you harm. This shows that the defendant is liable for your injuries. Most personal injury cases center around showing that someone behaved with less than reasonable care in performing a task, known as negligence.
To establish negligence, you must prove the following:
Photographs are typically taken after the accident, showing if there were any skid marks or vehicle damage, as well as capturing the pedestrian’s injuries. If possible, photos should be taken with and without flash to ensure that images can be seen clearly. Pictures taken from different angles, as well as wide shots and close-ups, can also be beneficial. Generally, the more pictures, the better!
Pennsylvania law requires that you call law enforcement if anyone is injured or killed, so the police are typically contacted in pedestrian accidents. The responding officer will prepare a police report, which can be submitted with your accident claim. This report will include details of the collision, including date/time/location, the names of all parties involved, a description of the accident, and who the officer deems at fault.
Video footage can be invaluable, showing exactly how the accident unfolded. While local businesses may have surveillance footage that can be subpoenaed, dashcams have become a more promising video source. Pennsylvania law does permit drivers to use a dashcam as long as it does not obstruct the driver’s view of the road. Many dash cams do have loop recording, meaning that old footage will be recorded over once the memory card fills up. Of course, the wrongful driver is unlikely to willingly hand over this footage. In this scenario, our legal professionals will send a spoliation letter to ensure that the evidence is preserved.
A bystander who saw the incident can provide insight that would otherwise not come across in physical evidence. In the case of a pedestrian accident, the witness may be able to testify to the speed of the vehicle, if the pedestrian was violating any traffic laws, and the general flow of traffic. Credible eyewitness testimony can be powerful, swaying a jury toward a larger award.
Distracted driving is a major contributing factor to car accidents, leading to serious injuries. While potentially overlooked, a person’s cell phone records can reveal if the driver was on his or her phone (and distracted) at the time of the accident. A cell phone record will detail the time of the call, the length of the call, and which cell tower the phone was connected to. Due to privacy laws, cell phone records almost always need to be subpoenaed.
Once liability is determined, our legal team will collect proof of damages. In a pedestrian accident case, this may include:
This evidence can establish your financial, physical, and emotional damages, highlighting the extent of your hardship. While demonstrating the wrongful party’s negligence is key to a successful claim, proof of damages ensures that you receive maximum compensation for your injuries.
Personal injury victims should be compensated for the entirety of damages, not just the ones that impact their finances. At DiLoreto, Cosentino & Bolinger, our Pennsylvania personal injury lawyers pursue every avenue to obtain just compensation for you. We have seen firsthand the distress of being in a personal injury or accident, and we want to get you legal relief as soon as possible. To arrange your free consultation, contact our office online or by calling (717) 496-0070.
]]>Successful recovery in a back injury claim will depend on proving the wrongful party’s negligence. Negligence is defined as a person failing to take less than reasonable care in a task. To establish that the other person was negligent, you will need to establish the following:
Common types of back injuries and back conditions include:
Unfortunately, back injuries are common, with over 600 million people suffering from lower back pain globally. Given its prevalence, many people attempt to carry on as usual, ignoring symptoms until they become unbearable. Ignoring back pain is discouraged, since an acute injury can quickly become chronic and more difficult to treat. A back condition is not always inherited but may have developed due to repetitive stress on your back muscles and spine. For instance, you can develop spondylolysis from lifting heavy boxes with improper technique.
If you sustain a subsequent back injury, insurance may attempt to offer you a lower settlement. A claims adjuster may claim that your injuries were more severe than expected due to your pre-existing condition and that the defendant should not pay for the costs associated with your injuries. However, under the eggshell skull rule, even if you have a pre-existing condition, you are still entitled to full compensation for your injuries, even if your injuries were unforeseeable.
All you must show is that the defendant directly caused your injuries. So, if a person has a herniated disc, even a fender-bender could cause them to experience severe pain, whereas an otherwise healthy person would not have. However, the injured person is still entitled to the full extent of damages (assuming the other party’s liability), even if their medical bills are more extensive than expected.
If you have sustained a back injury, you may be eligible to recover economic and/or non-economic damages. Economic damages are any quantifiable losses that take money out of your bank account. In a personal injury claim, these may include:
Non-economic damages are intangible losses that impair a person’s quality of life. Albeit, they typically do not have a financial component. In a personal injury claim, these may include:
If you or a loved one has suffered a back injury due to another person’s negligence, our Pennsylvania personal injury lawyers would like to assist you. For more than four decades, our legal team has advocated for injured persons, obtaining just compensation on their behalf. If you would like to discuss your back injury claim, contact DiLoreto, Cosentino & Bolinger P.C., online or by calling (717) 496-0070 at your earliest convenience.
]]>A police report will include crucial information that you will need to file your claim, such as:
An officer who responds to the accident scene will be able to account for the severity of vehicle damage before any cars are towed away. The police officer will also detail your injuries, which can be beneficial when filing a bodily injury claim. If your injuries warrant a trip to the ER, the police report will also specify which ambulance service was used and which hospital you were taken to. In short, a crash report can make a significant difference when filing an insurance claim.
Unfortunately, the same evidence that is admitted in an insurance claim cannot always be used at trial. Since a police report is considered hearsay (the police officer was not present at the time of the accident), it is generally inadmissible in personal injury cases under 75 Pa.C.S. § 3751. Although the police report may be inadmissible, the police officer can testify to what they observed at the scene of the accident. If the other party is at fault, the police officer can be another witness who can testify on your behalf.
In some circumstances, the police report may qualify as a hearsay exception, allowing it to be admitted as a public record. The difficulty comes with what evidence can be admitted as a public record. Since a police report does contain both objective facts and opinion, only the objective facts can be admitted into evidence. Even if the crash report is inadmissible at trial, you still have a detailed account of events that can help you to obtain a higher settlement.
While the crash report itself may be inadmissible, our legal team may be able to use the report as a jumping-off point to find other valuable evidence. Information regarding the scene investigation, if the officer noted any dashcams or surveillance cameras, and eyewitness statements can guide our legal team in their investigation. Sadly, a police report without further supporting information will not bring about a successful outcome.
Being struck by another vehicle can place a wrench in an otherwise pleasant afternoon. At DiLoreto, Cosentino & Bolinger P.C., our mission is to obtain the financial resources you need to cover accident-related expenses. Nobody should be in financial depravity due to another’s carelessness. To schedule a free consultation with one of our Chambersburg car accident attorneys, contact us online or by phone at (717) 496-0070 today.
]]>A dog bite or any type of animal bite can make us panic, not thinking to get ourselves to safety. Immediately following the attack, remove yourself from the animal’s vicinity to prevent further injury.
Once you are in a safe place, wash the wound with soap and water. This will reduce your risk of developing an infection. Apply pressure to the wound until it stops bleeding and cover with a sterile bandage.
Animal bites can range from Level 1 (no skin contact, but the dog growls or shows aggressive behavior) to Level 6 (fatal injuries). If the dog did break skin and you begin to experience swelling, pus, or redness around the wound site, or if you develop a fever, you should seek medical attention. If the laceration or puncture is deep, you should also seek medical care since there is potential for nerve damage.
Following a dog bite or attack, you will want to report the incident to animal control or the police to ensure that the attack is investigated. Under Pennsylvania law, a dog that bites or attacks a human will be detained for 10 days pending the results of a rabies test. The dog may be kept at a kennel or in an enclosure at the dog owner’s property. If the dog exhibits rabies symptoms, you need to get immediate treatment for the virus. While reporting the incident protects your legal rights, it may also save your life.
If you were on the job or performing work-related tasks at the time of being bitten, you should report the incident to your employer. Your employer or direct supervisor may ask you to fill out an incident report to detail the attack. Certain occupations are at a higher risk of getting bitten, such as postal workers, garbage collectors, and delivery drivers.
After an animal attack, you should begin to gather evidence to support your case. If it is safe to do so, take photos of the dog and write down the information on the dog’s tags. Also, be sure to take photos of any visible injuries you suffered. If any eyewitnesses were present, get their names and contact information.
Under Pennsylvania dog bite law, victims do not have to prove negligence on the part of a dog owner to be compensated for their medical expenses. This is known as strict liability. So, you do not need to prove that the dog had a history of aggressive behavior to recover hospital and medical costs related to the incident. However, the same does not apply for lost wages, pain and suffering, or emotional distress, which will require showing that the owner failed to use reasonable care in restraining the animal. This could include failing to leash the dog, allowing a “dangerous dog” to roam, or failing to otherwise control the dog.
Even if you plan to settle your case out of court, our dog bite lawyers are happy to assist you. Our legal team will ensure that all legal deadlines are met. In Pennsylvania, you only have two years after the date of injury to file a dog bite claim. Our legal team will remove some of the headache, checking that all the necessary evidence has been submitted to insurance.
If you or a loved one has been bitten by a dog or other animal, you deserve compensation for your injuries. For over 40 years, our legal team has successfully recovered thousands of dollars for injured parties. Let us put our knowledge, skills, and experience to work for you. To schedule a free consultation, our office can be reached online or by calling (717) 496-0070.
]]>While some symptoms may be delayed due to adrenaline pumping through your veins, other conditions may not present until time has passed. For example, a person may not realize that they suffered a traumatic brain injury (TBI) until they begin to experience headaches, confusion, or mood swings. A TBI may involve a primary and secondary injury, with the primary injury being the original blow to the head and a secondary injury being cerebral edema (brain swelling) from the initial injury.
Until the secondary injury occurs, the accident victim may feel relatively normal. In the current example, cerebral edema can cause intracranial pressure (ICP) to rise. If left untreated, the individual could suffer permanent brain damage and even lapse into a coma. By seeking medical care immediately, you reduce your risk of further injury or complications (even if you are currently not experiencing any symptoms).
Seeking medical attention immediately preserves your right to file an insurance claim. If you wait after your injury to be medically evaluated, the insurance company may deny your claim. The insurer may claim that your injuries were due to something else, not the accident. Our legal team recommends being seen within 72 hours of your injury. If your injuries are minor but you do not want to go to the ER, consider going to a walk-in urgent care center. If your condition deteriorates and you have not received medical care, your insurance may claim that you contributed to further injuries.
Medical documentation, including X-rays, CT scans, and other medical imaging, as well as a doctor’s examination, is needed to show the extent and severity of your injuries. If you choose not to receive a medical evaluation, you will not have proof of the severity of your injuries immediately after the crash. Consequently, your settlement will be diminished. While being evaluated immediately is preferable, you will still need to collect all invoices related to home modifications, prescriptions, and physical therapy visits to ensure you receive maximum compensation.
Being evaluated by a medical professional following a personal injury or accident is essential to receiving a fair settlement. If you suffered an injury at work, you may have to undergo another medical evaluation, known as an impairment rating evaluation (IRE). This will be requested by your employer’s workers’ compensation insurer to rate your whole-body impairment if you have been on total disability benefits for 104 weeks.
You will be evaluated by your non-treating physician to determine your level of disability and ability to return to work. If you put off being seen by a doctor immediately after your injury, the workers’ compensation insurer may claim that your injuries are linked to a pre-existing condition after performing your IRE. This will be more possible since they will not have the documentation linking your injury to the accident. As a result, you will more likely receive a smaller settlement.
At DiLoreto, Cosentino & Bolinger, we know that dealing with a personal injury can take a toll on anyone. While you may be afraid of the prognosis, seeking medical care immediately significantly reduces your risk of complications. It also gives you the added benefit of getting the compensation you deserve. To arrange your free consultation with one of our Franklin County personal injury lawyers, our office can be reached online or by phone at (717) 496-0070 today.
]]>Following a serious accident, you need medical care. Medical expenses are core in determining the damages for any personal injury claim. You can seek compensation for the full scope of your medical costs, including things like emergency medical care, hospital bills, doctor’s visits, medications, medical equipment, and whatever other services may be required.
Anticipated future medical needs in a personal injury claim refer to the projected or expected future medical expenses that an injured person is likely to require as a direct result of their injury.
It is a key category of economic damages. Unlike past medical bills (which are documented with receipts), anticipated future needs must be supported by evidence to avoid being speculative.
In some cases, injured victims in Franklin County may also need rehabilitative medical support. It could include things like physical therapy, mental health counseling, and other types of support services that are designed to aid in physical and mental recovery from an accident.
Another key category of economic damages is lost wages. A serious accident in Franklin County could force you to take time off from work. You have the right to seek compensation for any lost paychecks through your personal injury claim. A very serious injury could reduce your long-term earning power. You can seek financial compensation for diminished earnings as well.
Pain and suffering are a form of non-economic damage. It can be recovered through a personal injury claim in Pennsylvania. As with other non-economic damages, pain and suffering can be more challenging to prove, as it is not tied to any specific dollar figure. A proactive approach is a must. A top-rated Franklin County personal injury lawyer can help.
If you have a long-term disability or permanent impairment related to your accident, that could disrupt your future. You may be dealing with reduced life enjoyment and a wide range of other issues. Beyond associated medical costs and lost wages, you can also seek compensation for this type of loss as non-economic damages.
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury attorney fights tirelessly to secure the maximum compensation for injured victims. Have questions about recovering damages? We can help. Contact us now for a free, no obligation initial consultation. We represent injured victims throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>Duty
In Pennsylvania, the first step is proving that the defendant owed a legal duty of care. A duty arises when the law requires a person to act with reasonable care under the circumstances. For example, drivers owe a duty to operate vehicles safely. As another example, businesses and property owners owe duties to maintain reasonably safe premises. The existence and scope of duty depend on the relationship between the parties and the specific risk that caused the injury.
Breach
A breach occurs when the defendant fails to meet the applicable standard of care. In practical terms, this means acting unreasonably or failing to act when required. In Pennsylvania, breach is evaluated by comparing the defendant’s conduct to what a reasonably prudent person would have done in the same situation. Every accident in Franklin County should be thoroughly investigated.
Causation
Causation requires proof that the defendant’s breach caused the injury. Pennsylvania law requires both factual causation and legal causation. The injured victim must show that the harm would not have occurred but for the defendant’s conduct and that the injury was a foreseeable result of that conduct.
Damages
Finally, injured victims need to prove their damages. A personal injury claim in Franklin County is only viable to the extent that a victim has damages. You will need to prove not just the existence of the damages but also the severity of your damages. Only when you have done so will you be able to secure the maximum available financial compensation.
Proving negligence is key to a personal injury claim in Pennsylvania. However, it is not the only important step in the process. Injured victims in Franklin County also need to prove the full extent of their damages. Only after doing so will you be in the best possible position to secure the maximum possible financial recovery. Along with other compensation, injured victims in Pennsylvania may be able to recover damages for:
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury attorney is standing by, ready to investigate your accident. We will gather the evidence that you need to prove negligence. Contact us now for a free, no-obligation, and completely confidential case review. We handle negligence claims throughout Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>A serious accident should always be reported right away. What exactly that entails will depend on the specific situation. You need to make a good-faith effort to report the accident to the appropriate authority based on where and how it occurred. For example, you should call the state or local police for motor vehicle crashes. Alternatively, you should notify a property owner or business manager of a slip and fall accident. The failure to report an accident can raise questions about credibility. You do not want to deal with that during your personal injury claim.
Your health comes first. You should seek immediate medical care after an accident in Franklin County. All injuries should be evaluated by a qualified doctor. It is important to see a reliable medical provider as soon as possible, even if your initial symptoms seem minor. Many injuries worsen over time. Not only does that put you in a worse position for your physical recovery, but any delayed treatment gives insurers an excuse to try to fight your claim.
As Pennsylvania operates under a fault-based standard for personal injury claims, it is crucial that you proactively document your accident/incident. You should try to do what you can to preserve evidence before it disappears. To start, you should take photographs of the scene, hazards, vehicles, and visible injuries. You should also try to capture lighting, weather, signage, and surrounding conditions. Write down what happened while the details are fresh. Finally, if there are witnesses, collect names and contact information.
Insurance companies are not on your side. Following a serious accident in Pennsylvania, you should be very cautious when dealing with an insurance adjuster. You may need to notify an insurance company that an accident happened. However, you have the right to take time to recover and gather your thoughts before giving any recorded statement.
Personal injury claims are complicated. The right attorney can make the difference in your case. You do not have to navigate the immediate aftermath of a crash (or the rest of the claims process) alone. A top Franklin County personal injury lawyer can handle insurer communication, preserve evidence, and assess liability before positions harden.
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania personal injury lawyer is ready to take proactive steps to help you get justice and maximum compensation. Contact us now for a free, no-strings-attached case review. From our Franklin County office, we handle personal injury claims all across the region, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
]]>Under Pennsylvania law, most personal injury lawsuits are subject to a two-year statute of limitations (42 Pa.C.S. § 5524(2)). The clock generally starts running on the date the injury occurs. The legal deadline applies to car accidents, slip and fall claims, product liability cases, and other negligence-based actions. If a lawsuit is not filed within two years, the court will almost always dismiss the case as time-barred as a matter of law. You do not want to miss your chance to get justice and compensation for a personal injury in Franklin County.
Note: The two-year statute of limitations is the deadline to file a personal injury lawsuit. A claim does not need to be fully resolved within that two-year time period, so long as it is filed properly.
Pennsylvania courts recognize limited exceptions, but they apply them strictly and narrowly. Here are the most notable exceptions to the Commonwealth’s personal injury statute of limitations:
Note: There is also an exception in the other direction for a claim against a government agency or other government entity. You have less time to start the claims process in that type of case. Speak to a Franklin County personal injury lawyer right away.
The sooner you get started with the personal injury claims process, the better. The reality is that evidence can disappear, witnesses sometimes move, and insurers love to exploit any delay to their own advantage. You do not want to fall behind in the personal injury claims process: Consult with a top-rated Franklin County personal injury lawyer right away after a serious accident.
At DiLoreto, Cosentino & Bolinger P.C., our Franklin County personal injury lawyer understands that claims are time sensitive. Have questions about the deadline to file? Contact us today to set up a free, no obligation initial appointment. We handle personal injury lawsuits throughout all of Franklin County, including in Chambersburg, Waynesboro, Greencastle, Fayetteville, Guilford, Wayne Heights, State Line, and Mont Alto.
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