Under Pennsylvania’s Wrongful Death Act (42 Pa.C.S. § 8301), a wrongful death lawsuit can only be filed by the personal representative (formerly known as “executor”) of the deceased person’s estate, not a grieving relative directly. The personal representative is either named in the decedent’s will or an administrator appointed by the court if no will exists. If the personal representative does not file within six months of the date of death, Pennsylvania law allows an eligible beneficiary to step in and file the lawsuit on behalf of everyone entitled to recover.
While the personal representative files the suit, they are not entitled to recovery. Under Pennsylvania’s Wrongful Death Act, the following family members are eligible beneficiaries:
If there are no eligible beneficiaries under the law, 42 Pa.C.S. § 8301(d) permits the personal representative to recover damages for reasonable hospital, nursing, medical, and funeral expenses as well as estate administration expenses.
Many Pennsylvania wrongful death cases are filed alongside survival actions (a distinct legal claim). While a wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship, a survival action compensates the estate itself for what the deceased endured between the injury and their death, including pain and suffering and related medical expenses. Pursuing both claims together often maximizes the total compensation available to the family.
Wrongful death claims in Pennsylvania must generally be filed within two years of the date of death, not the injury date. This deadline can approach quickly, especially when you have to settle other affairs related to your family member’s estate. There are exceptions that may “toll” the statute of limitations, only having the legal “clock” resume when the situation is rectified.
In a wrongful death case, examples include fraudulent concealment (related to the cause of death), if the cause of death was discoverable at a later date, or if the personal representative (or whoever is responsible for bringing the claim) is mentally incapacitated at the time the cause of action accrues. It is best to speak to a wrongful death attorney if you believe any of these situations apply.
Losing a loved one can be a heart-wrenching event, making you feel resentful and even leaving you in disbelief over what unfolded. If you’ve lost a loved one due to someone else’s negligence, our Chambersburg wrongful death attorneys are here to help you understand your rights and pursue the compensation your family deserves. Missing the legal deadline can bar the claim entirely, so prompt legal guidance matters. To arrange your free consultation, contact DiLoreto, Cosentino & Bolinger P.C., today online or by calling (717) 496-0070.
]]>While a claims adjuster may urge you to avoid getting representation, our Chambersburg personal injury attorneys are here to advise you accordingly. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals is committed to advocating for the compensation you deserve.
If your injuries require hospitalization, surgery, or long-term care, these costs can add up quickly. The party responsible for your injuries should be the one paying your medical expenses, not you. Unfortunately, medical costs do not stop once you are discharged, with personal injury victims often needing rehabilitative therapies to regain mobility.
During the recovery process, home modifications may need to be performed so the individual can move comfortably around their home. Home modifications may include wheelchair ramps, widening doorways, or installing a grab bar in the shower. Be sure to save any medical bills, receipts, and invoices to ensure that you receive maximum compensation.
Claims adjusters and opposing counsel will attempt to shift blame to you if there is any indication that you contributed to the crash. The at-fault party may work with expert witnesses who can gather evidence to prove partial liability. Since Pennsylvania is a comparative negligence state, you can still recover if you are partially liable, but it will reduce your settlement or award. For example, if you claim $20,000 in medical expenses and lost wages but are found 25 percent at fault, you will only recover $15,000. If you are 51 percent at-fault or greater, you may be barred from recovery. Thankfully, our experienced Chambersburg personal injury lawyers will gather photos, video surveillance footage, police reports, and other pertinent information to highlight the opposing party’s negligence and your lack thereof.
Insurance companies are interested in low payouts, which becomes more likely if you forgo representation. Insurance will use various tactics to avoid paying the true value of your claim, which may include offering a low initial settlement, stalling, or making excessive document requests. When you work with our personal injury team, you have a legal advocate who will communicate with insurance and conduct negotiations on your behalf.
A personal injury attorney will assess your case to determine which damages you may be able to recoup. In a personal injury claim, this includes any accident-related losses, such as medical bills, as well as non-economic damages. Non-economic damages are intangible losses that impact your quality of life. In a personal injury case, these often involve infliction of emotional distress, loss of enjoyment of life, and permanent disability. For this reason, they are often referred to as damages for pain and suffering. A personal injury lawyer can calculate economic and non-economic damages to ensure you receive a fair settlement or award.
Although the above-mentioned circumstances warrant having skilled counsel, a personal injury victim should know what legal deadlines apply in their case. This includes the statute of limitations, which is two years from the date of injury or when you discovered your injury in Pennsylvania. In some cases, you may be able to “toll” the statute of limitations, pausing the legal clock and providing you more time to seek legal relief. Examples include the plaintiff being a minor, incompetence, or fraudulent concealment.
If your injury involved a municipal vehicle, a defect on public property, or another government entity, don’t assume you have the standard two years. Under these circumstances, 42 Pa.C.S. §5522 requires that you provide formal notice of your intent to file a claim within just six months of the incident. Missing this notice period can bar your claim entirely, regardless of how much time is left on the two-year “clock.” However, the notice requirement may not bar you from recovery if the government had actual or constructive knowledge of the incident or the condition giving rise to the claim. Because this deadline is easy to overlook, it’s especially important to speak with a personal injury attorney as soon as possible if a government entity may be responsible for your injury.
Between thousands of dollars in medical bills and lost wages, you may drain your nest egg. At DiLoreto, Cosentino & Bolinger P.C., our team of legal professionals has built its careers on advocating for injured parties. Let us put our knowledge, skills, and experience to work for you. To schedule your free consultation with one of our Chambersburg personal injury lawyers, contact our office online or by calling (717) 496-0070 today.
]]>In some cases, the truck driver can be held directly liable for negligence, including speeding, distracted driving, driving under the influence, fatigued driving, or breaking a traffic law. Available evidence will provide further information on the cause of the crash. For example, a truck driver who violated the hours-of-service (HOS) regulations may be found liable for drowsy driving.
Many times, the most significant source of liability, the truck company, can be held liable through the principle of either respondeat superior or direct negligence. Under respondeat superior, employers are generally responsible for the actions of their employees when they are acting in the scope of their employment. There is an important nuance: the trucking company cannot be held vicariously liable if the driver was performing a personal errand. Given this, trucking companies will often argue that the driver was acting outside the scope of their duties. On the other hand, the trucking company could be held directly liable for inadequately training drivers, imposing strict schedules that lead to burnout, or neglecting routine vehicle maintenance.
Trucking companies rely on maintenance shops and mobile repair contractors to keep their trucks in working order. A maintenance contractor may be held liable if a defective repair caused the accident or if a missed inspection contributed to the crash.
If a mechanical failure or a defective component caused your crash, the fault may reside with a parts manufacturer. Common defects include steering issues, brake malfunctions, and tread separation (which can lead to a blowout). Since different manufacturers may supply different parts, multiple manufacturers may be held responsible.
A cargo loader could be a warehouse worker, freight handler, or a store associate who handles loading cargo, typically hired by the company shipping goods. The cargo loaders bear responsibility for making sure that cargo is properly secured and that loads are balanced.
In some situations, another motorist may share liability. This could occur if another motorist is speeding, cuts the truck off, or brakes suddenly without warning.
If you are found partially liable, under Pennsylvania’s comparative negligence law, you can recover as long as your own share of fault does not exceed 50 percent. Here, your recovery will be reduced by your percentage of fault. For example, if you file a bodily injury claim for $30,000 but are found 40 percent at fault, you will only recover $18,000. If your percentage of fault is 51 percent or greater, you will be barred from recovery.
Sadly, the insurance company is inclined to assign greater fault than is justified. Commercial truck accidents offer various pieces of information not available in motor vehicle crashes, including “black box” data. Directly wired into the engine’s computer, the “black box” data records the truck’s speed, braking, and throttle usage. If the truck driver has something to hide, the “black box” is sure to reveal their oversight. To ensure that evidence is preserved, our Gettysburg truck accident lawyers will send a spoliation letter requiring that the evidence remain preserved.
Given the sheer size and mass of a commercial truck, serious injuries are likely to occur in a collision. Many times, accident victims are left with thousands of dollars in damages. At DiLoreto, Cosentino & Bolinger P.C., we believe that the liable party should pay for their wrongdoing. To schedule your consultation with one of our Gettysburg truck accident attorneys, contact the office online or by phone at (717) 496-0070 today.
]]>When the insurance company denies a claim, it issues a denial form explaining why it believes the injury isn’t compensable. Common reasons include disputes over whether the injury is work-related, missing paperwork, or late reporting. Pennsylvania law requires injuries to be reported to the employer within 120 days of the injury (or of realizing you suffered an injury). This is the absolute cut-off, although reporting within 21 days of the injury date will allow for retroactive benefits to kick in.
Receiving the NCD gives you the official right to file a Petition with the Pennsylvania Bureau of Workers’ Compensation. While this legal action is not necessarily an “appeal,” it does open a full evidentiary proceeding before a Workers’ Compensation Judge (WCJ), rather than a review of paperwork already submitted. You generally have three years from the date of injury to file this petition (Form LIBC-362), and the case may go through voluntary mediation before proceeding to a hearing.
Both sides present evidence, including medical records, testimony, and expert opinions, and the judge issues a decision.
If the judge denies your petition, you have 20 calendar days from the circulation date of the judge’s order and petition to appeal to the Board. The Board reviews only the written record, and it doesn’t hear new testimony or evidence. Rather, the Appeal Board evaluates whether the judge made a legal error. If they determine a legal error occurred, the Board may reverse, modify, or remand the case.
If either party is dissatisfied with the WCAB’s decision, they may file a petition for review with the Commonwealth Court of Pennsylvania within 30 days. From there, a final appeal can go to the Supreme Court of Pennsylvania, also within 30 days. For most workers, though, the process doesn’t go past the Commonwealth Court.
Workers’ compensation insurance can provide much-needed financial security as you recover from a work-related injury or occupational illness. Unfortunately, neither your employer nor your insurance carrier is looking out for your best interests. That is why it is crucial that you work with someone who has a vested interest in your well-being and livelihood. At DiLoreto, Cosentino & Bolinger P.C., our legal team is dedicated to helping employees understand their legal rights and potential avenues for compensation after claim denials.
An occupational injury or illness can strip you of everything you have worked so hard to earn. While there is no denying that this is far from unfair, experienced representation can help secure the benefits you deserve. At DiLoreto, Cosentino & Bolinger P.C., our Gettysburg workers’ compensation lawyers will investigate your matter to assess what evidence best supports your claim. If you are ready to get started, contact us online or by calling (717) 496-0070 to schedule your free consultation.
]]>Take down the names and contact information of the other drivers. Also, obtain their insurance information and vehicle registration, as this will make it easier to file your claim. In the chaos of the moment, our legal team recommends taking a picture of the other driver’s insurance card and vehicle registration.
Photographic evidence, such as vehicle damage from multiple angles, license plate numbers, road conditions, skid marks, and nearby landmarks, can provide crucial information. Video footage can provide further details on the speed of both vehicles upon impact, if either driver attempted to brake, and deeper insight into the wreck. If possible, take pictures of any visible injuries immediately after the crash, and of any bruising/swelling that appears over the following days.
If you saw any bystanders or individuals who witnessed the crash, take down their names, phone numbers, and ask if they would be willing to provide a brief statement.
Pennsylvania law requires you to contact the police if there are any injuries, fatalities, if the vehicle must be towed from the scene, or if you are involved in a hit-and-run. The responding officer will take down the details of the wreck, including the names of all drivers involved, the make/model/year of each vehicle, road and weather conditions, injuries, and who the officer believes is at fault. Be sure to get the officer’s name, badge number, and report number so you can request a copy of the report later on. If no officer responds to the scene, you have five days to self-report the incident to PennDOT.
A vehicle repair estimate will detail parts, labor costs, and taxes for any proposed repair work. A claims adjuster may come in person to inspect the vehicle and evaluate the damage, although this can also be done by reviewing photos of the damage.
In a car accident case, medical records represent the bulk of damages. Collect and organize your medical records, including ER visits, follow-up appointments, treatment plans, prescribed medications, and medical imaging (X-rays, MRIs, CT scans, and ultrasounds), and radiologist reports. Insurers often use gaps in treatment to argue injuries aren’t as serious, so be sure not to cancel any doctor’s visits. Also, follow your provider’s treatment plan to a tee so that the insurance company cannot argue that you contributed to your own injuries by failing to follow orders.
Another part of personal injury damages is lost wages, which is best reflected through your income records. If you are claiming lost wages, insurance will ask you to submit pay stubs, including pre-accident and post-accident pay stubs. This will show what you earned prior to the crash. You may be asked to provide up to six months of pre-accident pay stubs to insurance to highlight your earning history. Along with this, you will include an employer verification letter confirming your job title, hourly rate or salary, and the amount of time you have missed from work due to the accident. Additionally, a claims adjuster may request W-2s, 1099s, and recent tax returns.
Physical injuries affect our emotional and mental wellness, making it important to track how they impact our daily life, sleep, and work. A pain/symptom journal can do just that by detailing mobility issues, new symptoms, and your mood for each day. Although these injuries do not impact your pocketbook, they are no less important and are reflected as non-economic damages. Many people underestimate non-economic damages, which is why our legal team is happy to assess your situation. By recovering full compensation for the extent of your injuries, you will have the financial resources you need to heal.
A car accident can happen in a split second, causing physical, emotional, and financial damages. At DiLoreto, Cosentino & Bolinger P.C., we understand the uphill legal battle that you are currently facing. If you are ready to discuss your recovery options, help is available. To arrange your free consultation with one of our Gettysburg car accident lawyers, contact us online or by calling (717) 496-0070 today.
]]>Construction work around Gettysburg and in Adams County puts hands and limbs at risk from heavy machinery, power tools, and unstable heights every day. A single slip, a faulty guard, or a dropped load can change a worker’s life in seconds. Common extremity injuries are as follows:
These wounds regularly require surgery, therapy, and extended time away from work. Even after the bones heal, lasting weakness or limited motion can keep you from the trade you trained for, which is why the law treats a permanent loss differently from a temporary one.
Pennsylvania pays scheduled specific loss benefits for the permanent loss of a body part or its lasting use, set at a fixed number of weeks per limb. A lost hand, for example, is worth 335 weeks of payments, and an arm reaches 410 weeks under the schedule.
Under Section 306(c) of the Workers’ Compensation Act, 77 P.S. § 513, these payments are owed even if you return to your old job at full pay, because they compensate the loss itself rather than missed wages, and they stack on top of any benefits paid during your healing period. That single rule reshapes what many injured workers think they can recover.
Workers’ compensation bars most lawsuits against your employer, yet a third party who helped cause the injury can still face a separate claim. That claim can add money for pain, suffering, and full lost earnings that workers’ compensation never pays. Possible at-fault parties include:
Sorting out who controlled the hazard takes a close look at the site, the gear, and the chain of command. A strong third-party case runs alongside your workers’ compensation benefits and often makes the difference between scraping by and rebuilding your livelihood.
A permanent hand or limb injury follows you for decades, so the value of your claim calls for real scrutiny. Our attorneys handle extremity injuries on construction sites for workers across Adams County, pairing workers’ compensation benefits with any third-party claim to capture the full cost of the harm.
DiLoreto, Cosentino & Bolinger P.C. brings more than 40 years of experience and has recovered over $250 million for injury victims. Call (717) 496-0070 or contact us online to schedule a free consultation.
]]>Neglect usually starts at the top, where budget decisions and staffing levels shape the care every resident receives. A nursing home that runs too lean cannot watch, feed, bathe, and move residents the way safe care demands. Management failures that can lead to harm include:
These problems seldom stay hidden for long once you know what to look for. A facility that blames one worker while the same issues repeat is usually facing a system built to cut corners, not a one-time mistake, leading to a pattern that puts every resident at risk.
The body often tells the story before anyone says a word, so changes in health or mood call for a closer look. A sudden decline in a previously stable resident is one of the clearest warning signs. Common results of neglect include:
Any of these can indicate unmet basic needs over time. A resident who grows quiet, fearful, or confused may be reacting to care that fell apart, and that change matters as much as any visible injury.
Regular visits at different times of day give you the truest picture of daily care, and detailed notes help you track patterns. The Older Adults Protective Services Act, 35 P.S. § 10225.701, requires facility staff and administrators to report suspected neglect and shields anyone who reports it from retaliation.
You can also pull a Gettysburg-area facility’s state inspection and complaint-survey records from the Pennsylvania Department of Health, which document a home’s violation history and often reveal the exact patterns that led to your loved one’s harm. That paper trail can turn a vague worry into the kind of proof a claim needs.
When a facility near Gettysburg prioritizes financial considerations over resident safety, families turn to nursing home neglect claims to uncover what went wrong. DiLoreto, Cosentino & Bolinger P.C. examines staffing logs, resident care records, and state inspection reports to identify patterns indicating preventable harm. Those records can reveal breakdowns in supervision, delayed responses to medical needs, or repeated regulatory concerns that were never corrected.
With more than 40 years of experience and over $250 million recovered in settlements and verdicts, our firm has the knowledge and resources to pursue the answers your family needs. Call (717) 496-0070 or contact us online for a free consultation today.
]]>Workers’ compensation laws in Pennsylvania specifically stipulate that remote employees are entitled to the same benefits that on-site employees are. Like on-site employees, remote employees must have been injured while doing something that was within the scope of their job. For on-site employees, demonstrating this direct connection is generally a fairly straightforward matter, but it can be far less so for remote employees.
The bottom line is that, if you are on the clock and are performing work tasks, any injuries you incur should be covered by workers’ compensation insurance. This can often include brief, necessary breaks that occur throughout the workday. If, however, you are injured during your unpaid lunch hour, you’re less likely to be covered. Ultimately, discussing your unique circumstances with a knowledgeable Pennsylvania workers’ compensation lawyer is always advised.
All in all, it’s more difficult to bring a successful workers’ comp claim as a remote worker. This does not, however, mean that you should drop the issue. If you were injured in the course of doing your job as a remote employee, taking all the following steps can help bolster your claim:
In the end, the workers’ compensation provider is heavily invested in minimizing your settlement or denying your claim outright.
Our resourceful Pennsylvania workers’ compensation attorneys at DiLoreto, Cosentino & Bolinger P.C. dedicate our impressive practice to faithfully supporting the rights of our valued clients, and we’re here for you, too. For more information, don’t delay contacting us online or giving us a call at 717-496-0070 today.
]]>Following any car accident, it’s important to move your vehicle out of the line of traffic if possible. This minimizes the risk that the accident will have a snowball effect and that you will be injured further.
Next up is calling 911. You can generally rely on eyewitnesses to make the call. Letting the operator know that you were injured, however, will likely get Pennsylvania emergency medical professionals to you more quickly. Hearing directly from an accident victim bypasses the need for bystanders to conjecture or to relay secondhand information.
Being injured by a motorist who doesn’t have the decency to stop can leave you in a state of shock, which can mask serious symptoms like pain. Further, some very serious injuries are slow to become symptomatic, which can include TBIs and spinal cord injuries. This means that you may be injured even if you think you’re not, or you may be more seriously injured than you realize.
If the medical techs who arrive at the scene offer you emergency care or transportation, accept it. Otherwise, get checked out by your medical provider as soon after the accident as possible. This sets the stage for a better health outcome and is also important in relation to your car accident claim.
The fact is that hit-and-run accidents are on the rise throughout Pennsylvania, and holding drivers legally accountable is exceptionally difficult. However, with all the video surveillance all around us and the smartphones that virtually everyone carries, it’s no longer a virtual impossibility.
Your skilled car accident attorney will ably gather all the available evidence in their focused efforts to locate the driver who harmed you. You can also count on Pennsylvania’s finest to investigate the accident.
If the negligent motorist is found, your dedicated car accident lawyer will file a solid claim with their insurance provider on your behalf. If they’re never found, however, your professional legal counsel will help you navigate your own insurance coverage in pursuit of the compensation you deserve.
Hit-and-run accidents present a unique challenge when the driver who caused your injuries is never identified. In that situation, your own insurance coverage becomes a critical resource. Specifically, uninsured motorist (UM) coverage exists precisely for circumstances like these. Under Pennsylvania law, UM coverage steps in to compensate you for your losses when the at-fault driver cannot be held directly accountable.
UM coverage can address many of the same losses you could recover from an at-fault driver, including medical expenses, lost wages, and pain and suffering. The amount available depends on the limits of your own policy, which is one reason carrying adequate UM coverage is so important.
A UM claim is not always straightforward. Insurance companies handle these claims just as they would any other, meaning they have a financial interest in minimizing your payout. An experienced Pennsylvania car accident attorney can help ensure your UM claim is handled properly and that you pursue every dollar your policy allows.
Our formidable Pennsylvania car accident attorneys at DiLoreto, Cosentino & Bolinger P.C. are committed to leaving no stone unturned in pursuit of a favorable claim resolution that covers your full range of losses. Learn more by contacting us online or giving us a call at 717-496-0070 today.
]]>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.
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