Pennsylvania Law Monitor

Are You Sure You're Insured? Auto Insurance Reminders

Kevin M. Bradway — Wed, 09 May 2012 09:53:11 -0500

As you have seen from our “Are You Insured?” blogs, automobile insurance coverage can be complicated. Be sure to check your automobile insurance policies when renewing or purchasing insurance. Automobile accidents can have devastating consequences, and it is imperative that you protect yourself.

While insurance agents may be looking to save you a few dollars in premiums, they may be costing you thousands if you are involved in an accident. It is called insurance for a reason. Make sure you are protected.

In most cases, the most overlooked type of coverage is uninsured and underinsured motorist coverage. This type of coverage protects you in the event that the person causing an accident does not have insurance or does not have adequate coverage to compensate you for your loss.

All too often, people drive vehicles that are not insured, while others only carry minimum coverage that provide you with little to no protection. Remember to protect yourself. Make sure you have sufficient uninsured and underinsured coverage under your automobile policy.

Kevin Bradway is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.

Swimming Pool Safety in Pennsylvania

R. Tyler Tomlinson — Mon, 07 May 2012 09:46:17 -0500

Swimming pools provide a lot of fun times during the summertime. However, it is important to remember that swimming pools can be dangerous if people are not careful.

According to the Center for Disease Control, there were over 3,300 deaths caused by drowning or submersion in 2000. This rate is particularly high for children under the age of 16. Drowning is the second leading cause of death for this age group after motor vehicle incidents. Another 2,600 children are treated in the emergency rooms each year for near-death drowning incidents.

10 Easy Ways to Make Your Pool Safer:

Make sure that everyone in your home knows how to swim.
Never leave children unattended around water. Adult supervision is a must.
Ensure that children and adults that enter the pool know basic pool safety.
Keep a telephone by the pool so that you can quickly call 911 in an emergency.
Make sure adults supervise their own children that are swimming.
Do not swim while you are under the influence of alcohol or drugs.
Enforce strict pool rules.
Learn CPR
Install the correct pool safety measures.
A tall lockable fence or a sturdy pool cover can prevent children from going into the pool when there is no supervision.

If you or your child have been seriously injured in a swimming pool accident, you may be able to file a premises liability claim or lawsuit for damages against the pool owner. Pennsylvania’s premises liability law is complex, which is why it is important that you retain the services of a knowledgeable and experienced injury lawyer that knows how to represent clients with swimming pool injuries or in wrongful death drowning cases.

If you need help or have additional questions, please call us at (267) 907-9600 or visit us on the web at www.StarkInjuryGroup.com.

Tyler Tomlinson is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Tomlinson.

Is It Getting Harder to Win Social Security Disability Cases?

Leslie A. Mitnick — Thu, 03 May 2012 08:59:57 -0500

In the last year, I have seen a dramatic increase in the number of individuals who are seeking Social Security disability benefits primarily because their unemployment compensation benefits are about to run out.

Increasing rates of unemployment have resulted in applications for disability benefits by individuals who simply cannot find employment after being laid-off. When workers lose their jobs due to the economic downturn and cannot subsequently find employment, they are turning more and more to Social Security disability to make up the shortfall in income. This is especially true if the unemployed worker is over 50 years of age.

That increase in the number of applicants causes another problem: a serious backlog in the system. Nowadays, it is not unusual for a claimant to wait one to two years for a hearing before a social security judge after an initial claim is denied. There are simply more appeals than there are judges to hear them.

If you are applying for social security disability benefits, or in the process of waiting for a hearing in front of a social security judge, it is important to provide the SSA with updated medical records. Once your initial application is denied, Social Security will not continue to obtain medical records from your doctors. This responsibility becomes your responsibility. Given the increased number of applicants, and the lengthy period of time between filing the appeal and appearing before a judge, you must provide the judge with the most complete and current records which support your claim.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

New Law Regulating Philadelphia, Pennsylvania Bouncers

Edward Shensky — Mon, 30 Apr 2012 09:43:41 -0500

The Philadelphia City Council passed a new law effective April 19, 2012, that regulates the hiring and training of bouncers. The law mandates that bouncers, or other similar security personnel, must have training and must register with the City.The law further outlines the type of training that a bouncer must have, as well as how and where a bouncer must be registered. After the law becomes effective, bars and nightclubs can no longer employ unregistered and/or untrained bouncers that are not in compliance with the stated requirements. Additionally, all establishments must perform criminal background checks on all security personnel hired.

The law was enacted in response to numerous law suits filed over the years in which bar patrons were seriously injured by over-zealous security personnel. The law can be found in The Philadelphia Code, Title 9. Regulation of Businesses, Trades and Professions.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Social Security Administration to Revise Guidelines on Musculoskeletal Disorders

Leslie A. Mitnick — Fri, 27 Apr 2012 08:34:17 -0500

This year, the Social Security Administration (SSA) plans to seek public comment on various musculoskeletal disorders in an effort to update the agency’s Listing of Impairments that may qualify someone for Social Security disability benefits. Listings are important because they outline the criteria the SSA uses to determine if a claimant is disabled.

Musculoskeletal conditions are those affecting muscles, joints, nerves and connective tissues in the body. Examples include arthritis and degenerative disc disease. When symptoms from these conditions become so severe, on a regular basis, that the individual cannot work, they may qualify affected individuals for Social Security Disability Insurance benefits.

When considering the disability claim of an individual with a musculoskeletal disorder, Social Security will look at symptoms such as pain, swelling, fatigue, and decreased focus or concentration. A claimant with these symptoms will have to prove that the musculoskeletal condition is expected to prevent the claimant from working for at least 12 months. It is important to have a health care provider discuss, in the claimant’s medical records, the nature of the disability and why it prevents the claimant from working for at least 12 months. Such documentation can be crucial in obtaining a favorable decision from SSA.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

School Bus Accidents in Pennsylvania

Joseph A. Cullen — Tue, 24 Apr 2012 08:43:36 -0500

Recently, in Pennsylvania as well as other states throughout the country, there have been numerous school bus accidents which have resulted in serious injuries and death. In Bucks County, Pennsylvania, a motorcyclist was killed after a collision with a school bus on March 22, 2012. And in Burlington County, New Jersey, an 11-year old girl was killed in a school bus accident on February 17, 2012.

School bus accidents are especially tragic because, most of the time, the victims are children.

These accidents require immediate investigation and analysis in light of federal and state guidelines.

The first inquiry must be to identify the owner of the school bus and the driver of the school bus. If the owner of the school bus is the school district, then the amount of damages may be capped at $500,000 by Pennsylvania law. If the owner of the school bus is a private company, such as First Student, Inc. or Laidlaw, then the amount of damages are not capped.

It is important to identify the driver in order to perform a complete background check on the driver to determine whether he or she had any prior record and had the appropriate license to operate the school bus.

Buses are common carriers and are obligated to provide a higher level of safety. Essentially, they fit into the same category as trains and planes. All common carriers may be liable for personal injuries to passengers. The carrier must have the essential equipment and a sensible degree of skill to carry out the transportation of passengers. Federal and State policies vary but, in general, if a personal injury occurs because the carrier was not in compliance with safety regulations, the carrier may have total liability for personal injuries. Liability issues in bus accidents often involve driver negligence, driver training, inadequate security, dangerous roadways, weather conditions, defective products, drunk driving and improper maintenance.

Joe Cullen is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Cullen.

U.S. News and World Report Releases Study on Social Security Payments

Leslie A. Mitnick — Fri, 20 Apr 2012 08:31:04 -0500

U.S. News and World Report recently published an article on the four most important sources of income for retirees. The statistics revealed in the study are worth bearing in mind if you are contemplating retirement soon.

In 2012, the current total median income, for those 65 years of age and older was $25,757, according to a new Social Security Administration report. The most common retirement income level is between $15,000 and $19,999 annually, an income range that 12.6% of retirees fall into.

For most people, Social Security is the largest source of retirement income. The majority of retirees (65%) get half or more of their income from Social Security. And over a third of people aged 65 and older receive at least 90% of their income from a monthly Social Security payment. Some people delay receiving social security retirement benefits past their “full” retirement age in order to get bigger monthly checks. Almost all seniors who were aged 80 and older in 2010 (92%) received a Social Security check. The median Social Security payment amount was $15,701/year in 2010.

Approximately half of seniors received interest from assets held in bonds, treasury notes, IRAs, certificates of deposit, and interest-bearing savings and checking accounts in 2010. And 19% of retirees received dividend payments from stock holdings and mutual fund shares. Some seniors also bring in extra retirement income by renting out property or earn royalties from work done earlier in their career (9%). However, most retirees receive only a small amount of income from these assets. The median asset income was just $1,260 in 2010.

Some current retirees still have access to private pensions or annuities (27%) or public pensions (15%), such as those provided by the military or federal, state, or local government. The median pension received by those aged 65 and older was worth $12,700 in 2010. Government employee pensions generally paid considerably higher annual benefits ($20,000) than private pensions and annuities ($8,844) in 2010.

Finally, many retirees are finding that they simply must continue to work during what has traditionally been thought of as their retirement years.

Just over a 26% of Americans aged 65 and older held a paid job or were self-employed in 2010. People who work at age 65 and older earned a median income of $28,000 in 2010, considerably less than the median of $45,000 earned by people age 62 to 64 and the $54,000 workers age 55 to 61 were paid.

Leslie A. Mitnick is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. Mitnick.

Where Can You File A Lawsuit in Pennsylvania?

Joseph A. Cullen — Mon, 16 Apr 2012 08:38:08 -0500

Under Pennsylvania law, a lawsuit may be brought against a corporation in and only in:

the county where its registered office or principal place of business is located;
a county where it regularly conducts business;
the county where the cause of the action arose;
a county where the transaction or occurrence took place out of which the cause of action arose.

In many situations, lawsuits are brought against corporations in Philadelphia County for a variety reasons, including the exemplary case management system, mass tort program, the Commerce Court and the higher jury verdicts. Oftentimes, there are disputes on whether the lawsuit against the corporation should be brought in Philadelphia County.

Generally, the dispute is whether or not a corporation “regularly conducts business” in Philadelphia County. Pennsylvania Courts apply a “quality and quantity” test of business contacts. The Court will look at evidence as to whether the corporation serves the citizens of that particular county, whether the corporation advertises in that particular county, and whether that corporation engages in actions in that particular county which are in furtherance and essential to corporate objectives.

Joe Cullen is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Cullen.

NYC Triathlon To Institute Additional Safety Precaution

Ian S. Abovitz — Mon, 09 Apr 2012 09:01:37 -0500

In the wake of two deaths during the swim open-water swim leg of the 2011 New York City Triathlon, race directors will now requiring all participants to sign a waiver indicating that they have swum at least a half-mile in open water in the 18 month period preceding the 2012 event or that they will swim this distance before race day. On race day, they will be required to sign an additional waiver verifying that they have completed this requirement.

This marks the latest step that triathlon officials have undertaken in an effort to ensure the safety of the ever-dangerous open water swim leg of the sport. A 2010 study published by the American Medical Association Journal indicates that 13 of 14 triathlon deaths occurring between the years of 2006 and 2008 occurred during the swim leg of the race. Experts believe that the stress created by the open-water swim often serves as a significant contributing factor in these tragic deaths.

At first glance, the open-water swim waiver would seem to be a step in the right direction. However, it is by no means sufficient to ensure the safety of the event. Even assuming that participants comply with the waiver requirements and swim the required distance prior to the race, it is impossible to recreate the stressful conditions that they will encounter on race day when they will be entering the water alongside as many as 150 participants. For this reason, it remains essential that race directors implement a rigorous water safety plan allowing them to quickly identify distressed swimmers and respond instantly. In the absence of such a plan, we will continue to see the number of triathlon deaths rise as the sport grows in popularity.

If you or someone you know has been injured or killed during a triathlon competition, contact the experienced attorneys at Stark & Stark for legal advice.

Ian Abovitz is a member ofStark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

CDL Hours-of-Service Update

Jeffrey A. Krawitz — Thu, 05 Apr 2012 09:03:25 -0500

As a follow to my prior write-up on the changes of the Hours-of-Service Rule published in December, 2011, there has been a decision that a few of the Rules will have a compliance date of July 1, 2013. The July 1, 2013 compliance date applies to:

Limitations on minimum 34-hour restarts. There was no prior Rule on this and the new Rule advises that there must be two periods between 1:00 a.m. and 5:00 a.m. home terminal time and this 34-hour restart may only be used once per week;
Rest Breaks. In the prior version there was no such Rule and now a commercial vehicle operator may drive only 8-hours or less from the driver’s last off-duty period of at least 30 minutes.

It is also noteworthy that “on-duty time”, which previously included any time in the commercial vehicle except the sleeper-berth, does not include time resting in a parked vehicle (this Rule also applies to passenger-carrying vehicles and its drivers). In a property carrying commercial vehicle, this on-duty time does not include up to 2-hours in the passenger seat immediately before or after 8 consecutive hours in the sleeper-berth.

Finally, as for penalties for violation of the hours of service Rules, previously the standard was “egregious” for any hours of service violations. This was never specifically interpreted or defined. Under the new Rules effective February 27, 2012 this was quantified as driving, or even allowing a driver to operate a vehicle, 3 or more hours over the time limit. This will subject the operator and company to maximum civil penalties.

This also applies to passenger carrying commercial drivers. It is also important to remember that the new Hours of Service Regulations with a July 1, 2013 compliance deadline indicate that drivers using the sleeper-berth provision must take at least 8 consecutive hours in the sleeper-berth plus a distinct and separate 2 consecutive hours either in the sleeper-berth, off-duty or any combination thereof.

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.

Swim Leg of Triathlon Presents Significant Drowning Hazard

Ian S. Abovitz — Mon, 02 Apr 2012 08:57:57 -0500

While the sport of triathlon continues to increase in popularity, the significant dangers presented by such events remain. Triathlons have proven to be far more dangerous than other similar sporting events. Various studies have estimated the risk of sudden death during a triathlon to be nearly double the risk of death associated with participation in a marathon.

This increase in deaths is widely believed to be a consequence of the numerous risk factors associated with the dangerous open-water swim leg of the triathlon event. A 2010 study published by the American Medical Association Journal shows that 13 of the 14 triathlon deaths between 2006 and 2008 occurred during the swim leg of the race. Autopsies of nine of these victims confirmed that seven had pre-existing heart conditions that were likely exacerbated by the stress of the open-water swim.

The bottom line is it is very difficult to effectively prepare for the stress created by an open-water swimming event, many times with over 100 participants entering the water at the same time. This is especially true for individuals participating in their first triathlon. As a result, it is of the utmost importance that race directors institute an adequate water safety plan to ensure the safety of all participants.

A proper water safety plan should include a system allowing race officials to instantly identify and respond to a swimmer in distress and to quickly verify that each swimmer has emerged from the water. One important aspect of any water safety plan is ensuring that an adequate number of experienced, well-trained lifeguards are positioned appropriately throughout the swim course. In addition, race directors must take steps to quickly account for swimmers as they emerge from the water. This can be accomplished in many ways including an electronic timing system serving to check every participant in as they emerge from the water and vigilant monitoring of the bike coral to ensure that each participant has retrieved their bike in a timely manner. If an adequate water safety plan is not in place, it is utterly impossible to identify and retrieve a distressed or missing swimmer quickly enough to save their life.

If you or someone you know has been injured or killed during a triathlon competition, contact the experienced attorneys at Stark & Stark for legal advice.

Ian Abovitz is a member ofStark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Abovitz.

Automobile Safety Regulators Have Decided to Impose a Rule for Rear Cameras

Jeffrey A. Krawitz — Fri, 30 Mar 2012 08:03:00 -0500

It was recently reported in the New York Times that according to KidsAndCars.org, a non-profit group which provides statistics concerning injuries and death in children, Federal Regulators have now moved closer to announcing that auto manufacturers will be required to install rear view cameras in all passenger vehicles by 2014 to assist with drivers seeing behind them.

Automobiles are chock-full of an array of features that have been mandated by Government Regulators which include airbags and the third rear brake light. Although the National Highway Traffic Safety Administration has not formally commented on the anticipated new rule, based on a preliminary version available for public comment, regulators have predicted that these mandated cameras with view screens will add $160-$200 per vehicle in costs, with some of the costs to be passed on to consumers. However, the statistics gathered will show that over 8,000 injuries could be avoided each year by eliminating the blind spot behind a vehicle.

Many advocates have argued that this mandatory safety feature is long overdue. The new law has its genesis in a 2008 law known as the Cameron Gulbransen Kids Transportation Safety Act which was a named after a 2-year old boy who was killed in 2002 when his father accidentally reversed over him in the family’s SUV.

Although that law required the National Highway Transportation Safety Administration to pursue standards for rear vision, there has been no formal regulation put in place. In an attempt to predict this becoming effective in 2014, manufacturers have been designing vehicle models with camera systems in mind and in lieu of including a camera along with a very expensive navigation package, many are now making the camera standard or an inexpensive option.

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.

April 2012 is "End Distracted Driving Month"

Carin A. O'Donnell — Mon, 26 Mar 2012 08:00:23 -0500

Distracted driving is more than just using the cell phone or texting while driving. It is any action that impacts the driver’s visual, physical, cognitive or auditory ability when driving. This can include anything from eating and drinking, putting on makeup, talking to your kids or playing with the controls.

As a result of the increase in technology, such as phones, navigation systems and advanced controls in cars, distracted driving, especially among teens, has skyrocketed. Teen drivers between the ages of 16 and 19 are involved in fatal crashes at a rate of four times more than adults. That is because one in four teens say that they have texted while driving and half of all teens say they have been passengers in a car while the driver is texting behind the wheel.

In an effort to raise awareness of the effects of distracted driving and to prevent needless accidents, I am presenting a free program to local schools, communities and organizations. I’m a member of End DD (End Distracted Driving) which is a national program focused on ending distracted driving. We hope that everyone can make a commitment not to be distracted while driving.

If you would like to help prevent accidents and raise awareness of the effects of distracted driving, please contact me to arrange your free presentation.

What is an "Auto Business Exclusion" and How Can It Apply To You?

Kevin M. Bradway — Fri, 23 Mar 2012 08:04:26 -0500

Imagine this situation:
You’re an auto mechanic with your own business and you carry insurance for the business, including a commercial auto policy which covers vehicles. A customer brings you a vehicle that needs extensive work and in order to assist the customer, you rent them a vehicle you plan to deliver the next day. During that transport, you are involved in an accident and you are badly hurt. The individual that caused the accident has limited liability coverage of $15,000.

The driver’s insurance company pays you the $15,000 and then you make a claim under your commercial auto policy for underinsured motorist benefits. You’re under the impression that you have underinsured motorist coverage under the policy in the amount of $100,000, but your company rejects your claim and tells you that you have no coverage available to you under these circumstances

Your policy which you thought provided protection contains what is called an “auto business exclusion.” This exclusion precludes coverage for injury caused using a non-owned vehicle in any kind of auto business, including selling, repairing, servicing, storing, or parking motor vehicles. Under the law, this exclusion is valid and you have no coverage under your policy.

The Bottom Line:
Insurance policies often contain different types of exclusions to coverage. Therefore, it is imperative that you’re sure you know what you are buying when you purchase insurance. If you have any questions about your rights, contact me at Stark & Stark.

Kevin Bradway is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.

Social Host Liability: Expanded to include providing alcohol and drugs to a minor as a violation of the Controlled Substances Act

Edward Shensky — Mon, 19 Mar 2012 08:27:48 -0500

Courts have long held that an adult who serves or furnishes alcohol to a minor is liable for an accident caused by the intoxicated minor. This is called Social Host Liability. In this setting, the adult is responsible for injuries to the minor and/or for injuries suffered by another individual as a result of the actions of the intoxicated minor. Recently, some courts have expanded this liability to include the furnishing of illegal drugs to a minor, in violation of the Controlled Substances Act.

In contrast, a dram shop action seeks to hold a bar responsible for furnishing alcohol to an individual who is a minor or for furnishing alcohol to an adult who is visibly intoxicated. Social Host Liability does not require a finding that the minor was visibly intoxicated. Rather, the liability springs from the fact that the individual who caused the accident, or who injured himself in the accident, was a minor who was improperly furnished alcohol by an adult.

Edward Shensky is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Shensky.

Federal Motor Carrier Safety Administration has Powers to Declare Trucking Companies "Imminent Hazard to the Public"

Jeffrey A. Krawitz — Fri, 16 Mar 2012 08:48:18 -0500

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has the ability to declare transportation companies and trucking companies as imminent hazards to public safety and order trucking companies to immediately cease operations and provision of services. They can obtain Orders for imminent hazard “out-of-service” and this is usually done after a review of the company’s operations.

The standard that appears to be used by the FMCSA is particularly focused on commercial truck companies that recklessly disregard the Federal Regulations. It is advisable when considering claims against a transportation or trucking company that an appropriate search be conducted through the Department of Transportation/FMCSA to determine whether there have been prior safety audits or other investigations into compliance with the FMCSA Regulations or perhaps even orders to cease operations in the past.

As an example, in early February the FMCSA ordered U&D Service, Inc. of Indianapolis to cease operations declaring that the company was an imminent hazard to the public safety. That followed an exhaustive review of the company’s operations with determination that there were multiple safety violations including the use of drivers without valid CDLs, the use of drivers that do not meet Federal English Proficiency requirements to safely operate a commercial vehicle, violated vehicle weight limits and per tire load weight limits; all of which were determined to be imminently hazardous.

The proficiency in English is critical since the Federal Regulations at 391.11(b)(2) mandates that drivers read and speak the English language sufficiently to be able to converse with the general public, to understand highway traffic signs in English, highway traffic signals in English and to respond to inquiries by law enforcement or other officials and to make proper entries on their reports and other records mandated by the regulations. Investigating the history of companies to be sure that they were not subjected to these imminent hazard Orders is a critical component to any pre-suit investigation conducted or discovery effort.

Jeff Krawitz is a Shareholder in Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Krawitz.

Raise Money and Awareness For Organ & Tissue Donation With a Simple Click!

Stark & Stark — Fri, 16 Mar 2012 08:48:12 -0500

Kristyn Testa, a Legal Secretary in Stark & Stark's Lawrenceville, New Jersey office, underwent surgery this past October to donate her kidney to her brother, Michael. Michael was suffering from kidney failure and had been on dialysis for the past two years.

On Sunday April 15th Kristyn and her team will participate in the 17th Annual Dash for Organ & Tissue Donation Awareness in Philadelphia, PA. We'd like to help Kristyn and her teammates raise money, and awareness, for this great cause.

Visit Stark & Stark's Facebook page from March 15 - April 15 2012 and "like" us. For each "like" we receive, Stark & Stark will donate $1 to Kristyn's Team: Got Kidney?

For more information on the Donor Dash, and the Gift of Life Organization, please visit their website online here.

Pennsylvania Assigned Claims Plan May Provide Recovery for Those Injured By Uninsured Drivers

Ian S. Abovitz — Wed, 14 Mar 2012 08:04:04 -0500

As most people are aware, Pennsylvania law requires all drivers to carry a minimum of $15,000 in liability insurance. However, the unfortunate reality is that there are many drivers on the road who are not carrying any insurance at all. If you are injured by an uninsured driver, the Pennsylvania Assigned Claims Plan may provide an avenue for recovery.

The Pennsylvania Assigned Claims Plan provides up to $15,000 of recovery, including $5,000 in medical benefits and up to $10,000 in additional damages. In order to qualify for this recovery, you must meet several complex criteria indicating that no other avenues of recovery are available. Most importantly, you must show that you do not own a car and that neither you, nor any relatives residing in your household, have any auto insurance that may provide you with a potential avenue for recovery.

The most common situations where individuals qualify for the Assigned Claims Plan involve pedestrians or passengers who do not own cars and are injured by uninsured drivers.

If you are injured by an uninsured driver and believe that you may qualify for recovery under the Pennsylvania Assigned Claims Plan, please call me for a free, no obligation case review.

More Limitations on Your Legal Rights in Pennsylvania

Carin A. O'Donnell — Mon, 12 Mar 2012 08:03:08 -0500

Recently another bill was introduced to limit your right to bring a claim in Pennsylvania. House Bill1552 seeks to limit where an injured person or an injured worker can file a claim. Specifically, the Bill wants to limit a person to the ability to only file a claim in the county where that person was injured.

For the past few decades, the law has allowed an injured person to file a claim in any county as long as they could show a connection to that county.

For example, let’s say a resident of Bucks County was injured by a defective product that was manufactured, distributed and sold in Philadelphia County. Currently, that person could file A claim in Philadelphia County because of the product’s connection there. However, if HB 1552 goes forward, this may not be the case. Instead, the person would have to file the claim in Bucks County.

So what’s the big deal? Well, as a result, the corporation who manufactured and sold the defective product in Philadelphia gets the business benefits of selling its item in Philadelphia. But, the injured person gets the detriment of being forced to a location for his or her claim that may be less of a benefit legally. The law should be equal. A corporation should not get a monetary benefit for their product while the injured person is limited monetarily by being forced to bring their claim in a place that may make conservative monetary awards.

Please don’t let your rights be limited. If you have any questions or concerns about this Bill, please contact your legislature.

Carin O'Donnell is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Ms. O'Donnell.

Can Your Facebook Page Be Used During Your Personal Injury Case?

Kevin M. Bradway — Fri, 09 Mar 2012 08:26:33 -0500

Recently, we saw another decision that supported the disclosure of a Facebook account in a personal injury claim. The injured woman had a Facebook account depicting her active life and even going to the gym. The Defendant asked the court to grant access to the account, and the Court agreed.

What is of particular concern was the Court’s language towards Facebook accounts which included:

“As far as the threshold relevancy inquiry is concerned, it is clear that material on social networking websites is discoverable in a civil case. There is no reasonable expectation of privacy in materials posted on Facebook. Almost all information on Facebook is shared with third parties, and there is no reasonable privacy expectation in such information. By definition, there can be little privacy on a social networking website. Only the uninitiated or foolish could believe that Facebook is an online lockbox of secrets. Any posting on Facebook that concern one’s health (mental or physical) are discoverable, and any privilege concerning such information is waived. Facebook posts are not truly private and there is little harm in disclosing that information.

Kevin Bradway is a member of Stark & Stark’s Newtown, Bucks County office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Bradway.