Category: Personal Injury

It is likely that you have been asked to sign a liability waiver or a release waiver at some point in time. It may have been for participation in a sports league or some other activity. You may have just signed and not have given it much thought. This is what most people do. If you, however, were injured after signing a waiver, however, your thoughts may then turn to the waiver you previously signed. Did you waive your right to pursue compensation for the harm you have suffered? Do you simply have to take the hit and pay for all of your damages on your own? Let’s take a look at your rights after you sign a waiver.

Can I Still Sue If I Signed a Waiver?

Waivers come standard at many sports facilities, theme parks, and other frequented locations. They are usually standard forms containing boilerplate language. If you want to participate in the activity or enter the location, you need to sign it first. So, you sign the waiver and go on your way. These waivers, however, usually place limitations on a person’s ability to pursue legal action if they sustain injury while on the location or participating in the specified activity. If you sign a waiver, does that mean you cannot pursue any legal action in the event that you are subsequently injured? The answer is: not necessarily.

While signing a waiver can limit an injured person’s legal options, it does not necessarily act as a total bar to filing a personal injury claim for harm sustained. If you have been injured after signing a waiver, do not give up. Explore the legal options that may be available to you. There is still a chance that you can pursue legal action for the injuries you have suffered due to the negligence of someone else.

You see, a waiver does not prevent an injury victim from pursuing legal recourse in every situation. It is not uncommon, for instance, for a waiver to turn out to be legally invalid. There are specific legal requirements that a waiver must be in compliance with in order to be valid. A waiver’s language must be clear and specific. There cannot be ambiguous language or be difficult to understand. If this is not the case, it is likely that the waiver will be invalidated. In other situations, your injury may have been caused by a party who was not subject to protection under the waiver. Other times, the waiver may have been signed by a waiver and found invalid.

Even if a valid waiver was properly executed, an injury victim may still be able to pursue legal action. In Pennsylvania, waivers do not protect a party who is found to have been grossly negligent or reckless and, as a result, caused another party injury. What’s the difference between negligence and gross negligence? In order to establish negligence, you must be able to prove that an entity had a legal duty towards you, they failed to uphold that duty, and their failure to uphold their duty caused you injury. With gross negligence, you must be able to prove all of the elements of negligence and you also must be able to prove that the negligent party’s conduct showed a complete disregard for your safety and well-being.

Philadelphia Personal Injury Attorneys

Injured after you signed a waiver? Do not give up! Talk to the dedicated personal injury attorneys at Cooper, Schall & Levy about the legal options you may still have to pursue full and fair monetary recovery. Contact us today.

Accident and insurance laws are complicated and many people like to think knowing about them is really on an “as needed” basis. It’s true. Most people do not think about their car insurance coverage and what it means if they get into an accident until they actually get into an accident. Whether you have recently been in an accident, are in the process of buying auto insurance, or are interested in Pennsylvania personal injury law, we are here to go over some of the basics. In particular, we want to focus on a discussion of Pennsylvania’s limited tort serious injury threshold and what it means for you if you ever get into a car accident.

Pennsylvania’s Limited Tort Serious Injury Threshold

When you go to buy auto insurance in Pennsylvania, you have the choice to carry either full or limited tort insurance. Limited tort insurance coverage is more affordable and, because of this, it is the more popular choice. The catch is, however, that, if you are in an accident, you cannot recover pain and suffering damages if you have limited tort coverage. There is one exception to this and that is if you, the accident victim, have sustained a serious injury in the accident. If you can meet the serious injury threshold, then you will be able to go after pain and suffering damages regardless of having limited tort coverage.

What does it mean to have a serious injury? Well, that is a very good question without one set answer. Pennsylvania law is extremely vague on the topic. You can get a sense of what may be considered a serious injury based on some examples of other conditions that have been considered to be serious injuries. Some serious injuries or impairments that have qualified to surmount the limited tort serious injury threshold include:

• Amputation
• Blindness
• Traumatic brain injuries
• Head injuries (including concussions)
• Paralysis
• Hearing loss
• Broken bones
• Herniated discs

You see, these are injuries that could objectively be considered to be serious injuries. There are, of course, a number of other injuries that may not be so clearly considered to be serious. Consider for example, a bulging disc in the cervical or lumbar spine. This can be a painful injury with debilitating impacts on a person’s life. However, there could be a robust discussion as to whether or not it should be considered a serious injury and, thus, overcome the serious injury threshold.

When an injury falls into the gray area between serious and potentially not serious, evidence to support that the injury has resulted in a serious impairment of a bodily function will be critical in supporting your claim. The injury victim’s testimony will, of course, be important. Beyond that, however, things like expert testimony from doctors and medical professionals in the relevant fields can also be essential to the claim’s success. Extensive medical reports and diagnostic test results are also likely to play a pivotal role.

Philadelphia Personal Injury Attorneys

Injured in an accident? Let the team at Cooper, Schall & Levy untangle the legal and insurance webs you can fall into afterwards to get you the compensation you deserve. Contact us today.

Waiting for the settlement phase of your injury claim to roll around can feel like forever. For some, it never comes and litigation may be necessary. For most personal injury claimants, however, the claim will be resolved in a settlement. When the settlement phase finally arrives, you should be ready and have as much information as you can relating to the settlement process. There may also be options for how you receive your settlement. For instance, have you ever heard of a structured settlement?

What is a Structured Settlement?

When receiving a personal injury settlement, you have two options. You could take the settlement as a lump sum in the form of a check for the full settlement amount. The second option is to take the structured settlement amount and invest a portion or all of your settlement into a structured annuity that would pay out funds over time at a guaranteed interest rate.

Opting for investing your settlement in an annuity means you are entering into a legal contract with a life insurance company. You make a lump sum payment to the insurance company upfront. The insurance company then makes regular monetary distributions to you at the guaranteed interest rate over a certain period of time.

Structured settlements have been favored for their benefits for a number of years. In fact, back in 1982, Congress passed The Periodic Payment Settlement Act of 1982. The Act was a formal recognition of the government encouraging the use of structured settlements. After the passing of the Act, modifications were made to the Internal Revenue Code to exempt personal injury settlement proceeds from taxation if they were invested in a qualified structured settlement annuity. The fact that structured settlements are income tax-free is a big benefit. Personal injury settlements paid out as lump sums are generally subject to taxation. The guaranteed interest earned on an annuity, however, is tax-free. So, if you were going to invest any portion of your settlement, this might be the right route to take. Lump sum settlements that are then, in turn, invested in something like stocks will have interest earned on the investment taxed.

Another benefit of a structured settlement is a certain level of asset protection. Investing in annuities provides protection from other people being able to access and make claims against your settlement proceeds. In addition to preventing others from gaining access to the settlement funds invested, annuities also help ease the burden of managing the settlement funds that would otherwise fall on your shoulders.

You should, of course, talk to your attorney to see if a structured settlement is right for you. Talk about the potential benefits and implications of entering into a structured settlement. Not all structured settlements are the same and you are likely to have some options as to things such as how much you want to invest and the timing of the payouts you would receive.

Philadelphia Personal Injury Attorneys

The dedicated personal injury team at Cooper, Schall & Levy will fight for you. We tirelessly purse full and fair compensation for personal injury victims. Contact us today.

After an accident, the last thing you may feel like doing is contacting an attorney. After all, an auto accident can easily throw your life into seeming chaos. You are likely in pain over your injuries, you have doctors’ appointments to arrange and attend, you have the entire thing to process, and you may feel at capacity in general. Hiring an attorney after an accident, however, is more than just something to add to what may be an already overflowing to-do list. It can be essential to streamline the personal injury claims process and help to ensure that you are properly compensated for the harm you have suffered.

Why Hire a Personal Injury Attorney?

While there are times in your life when it may be okay to “go it alone,” this is not usually the case after being injured in a car accident. Hiring a personal injury attorney means that they will take on the legal burden of seeking monetary compensation on your behalf so that you can focus on your own health and recovery. Furthermore, there are a number of other benefits that come with retaining an experienced and trusted personal injury attorney.

An attorney will have an understanding of how to navigate complex legal systems and the insurance settlement process. There will be forms to complete, documents to file, and other legal rules to comply with. Instead of trying to figure out this convoluted system for yourself, you can have the benefit of their knowledge and experience by your side.

Furthermore, it can be a comfort to have such experience at your disposal. The personal injury claims process can feel like you have landed in a whole other world. Your attorney will be there to act as your guide and advocate. Do you have questions? Now you have someone by your side to ask and who will be able to answer from knowledge and experience in this area. Having both professional and objective advice available to you at this turbulent time can be a great comfort, to be sure.

An attorney will know what damages should be included in your claim. The compensation you are entitled to in a personal injury claim extends well beyond immediate medical bills. A personal injury attorney will know to include other compensable damages such as lost wages, pain and suffering, loss of enjoyment of life, cost of future medical care, and more.

Retaining an attorney can also help you be taken seriously by an insurance company. Having an attorney sends a clear signal to the big insurance companies that you cannot simply be brushed off. If they fail to honor your claim in full, you have legal representation by your side that is willing to go with you to trial.

Philadelphia Personal Injury Attorneys

Do not go it alone. The team at Cooper, Schall & Levy takes care of their clients and fights for them to receive full and fair compensation after being injured in an accident.  Contact us today.

Insurance laws and policies can be complicated to untangle and understand. Oftentimes, people just pick the cheapest policy and move on. Understanding your coverage and the insurance laws of your state, however, can have powerful implications for you. This is especially true if you are ever involved in a car accident. After an accident, navigating the insurance claims arena will be necessary to recover compensation for damage and losses you have sustained as a result. To help you understand the basics of Pennsylvania insurance law, we will start by addressing whether or not Pennsylvania is a no-fault insurance state.

Is Pennsylvania a No-Fault Accident State?

Pennsylvania has basic insurance requirements. These insurance coverage minimums are in place to help ensure that all drivers have adequate insurance coverage available to them should the need to access such coverage arise. For instance, all drivers must carry at least $15,000 of bodily injury liability coverage per person and $30,000 total coverage. All drivers must carry at least $5,000 in liability coverage for property damage. All drivers must carry a minimum of $5,000 in first party medical benefits coverage to cover the medical costs incurred by the policyholder.

As one of a minority of no-fault states, Pennsylvania law also requires drivers to carry personal injury protection (PIP) insurance. The fact that it is a no-fault state means that accident injury victims must first pursue payment of their medical expenses through their own insurer, regardless of who was at fault for causing the accident. Should an accident victim sustained injuries that exceed the limits of their PIP coverage, the question then becomes whether they had limited tort or full tort coverage on their insurance policy.

Under a limited tort policy, a claimant cannot pursue compensation beyond a specified award cap. In many cases, they will not be permitted to pursue compensation for pain and suffering damages. They will only be allowed to pursue pain and suffering damages if their injuries are severe enough. “Severe enough” usually means that they have permanently lost some kind of physical or cognitive function.

Conversely, under a full tort policy, a claimant is essentially opting out of the state’s no-fault insurance system. While full tort policies are more expensive than limited tort policies, Full tort policy holders retain the right to sue an at-fault driver for all damages stemming from the accident, including pain and suffering damages. They can pursue a full jury verdict in court and there will be no cap on the amount of damages they can pursue. Full tort insurance policy holders can fully pursue their damages regardless of whether or not their losses fall below the requirements for that of limited tort policyholders.

Philadelphia Personal Injury Attorneys

Have you been in an accident and have questions about your insurance coverage or the avenues for pursuing compensation that may be available to you? Talk to the team at Cooper, Schall & Levy about your options. We will help you seek the compensation you need and deserve after suffering losses in an accident. Contact us today.

Life post-accident can be tough to say the least. There is the pain of injury, possibly missing work, and the likelihood that medical bills are already beginning to pile up. After you file your claim with the insurance company, you are likely to be waiting with bated breath for their response. Upon hearing that they want to make a settlement offer, you may feel renewed hope that things will wrap up quickly. Then, you get the settlement offer amount. The initial offer is likely to be disappointing and perhaps downright demoralizing. Do not lose hope! There are plenty more steps in the settlement process to help improve that initial offer. Furthermore, if you don not reach a settlement with the insurance company, it does not have to be the end of the road.

What Happens If I Don’t Reach a Settlement With the Insurance Company?

The settlement process usually kicks off with your attorney sending the insurance company a demand letter. The letter will detail the specifics of the accident and your resulting injuries. It will also present an initial asking offer to the insurance company. The company will then respond by either accepting the settlement offer, denying the claim altogether, or, most likely, countering with their own initial offer.

As previously stated, the initial offer from the insurance company is likely to be extremely low. It is often simply the starting off point of the settlement negotiation process. There will be a series of back and forth offer exchanges with the insurance company. In the majority of cases, a settlement is reached with the insurance company. Sometimes, however, settlement negotiations fall through. The insurance company refuses to pay out what your attorney believes to be a fair amount on the claim.

When you reach an impasse in the settlement negotiations, it is time to seriously discuss the possibility of taking the next step, which is taking your claim to court. In some cases, just filing the lawsuit can be enough to signal to the insurance company that you are serious about going the distance in pursuing your claim and they may increase the settlement offer as a result. Prior to taking the steps towards a full blown trial, however, there must be a very real and honest discussion about the strengths and weaknesses of your claim. Not all claims are suited to trial. There may be big liability questions or hurdles regarding whether the accident cause your injuries or whether they were preexisting. If your claim is strong enough to go to trial, then that will likely be your next step.

Philadelphia Personal Injury Attorneys

The dedicated personal injury team at Cooper, Schall & Levy stand strong up against the big insurance companies. We are unwavering in our dedication to our clients. We are steadfast in our negotiations and fight for the compensation you deserve. After an accident, reach out to us for assistance.  Contact us today.

U.S. railroads continue to be a critical means of transportation in this country. In addition to transporting goods far and wide, trains also provide passenger transportation to many each year. As such, railroad workers are of paramount important to the continued success of this important transportation system in the U.S. In recognition of both the important services provided by railroad workers and the fact that being a railroad worker can be an inherently dangerous occupation, particularly when there is any negligence in the workplace, there has been federal legislation passed to help injured railroad workers recover compensation for the harm they have suffered.

Railroad Worker Injuries

Under the Federal Employers’ Liability Act (FELA), railroad employees have the right to recover damages from their employer for job related injuries cause by negligence on the railroad’s part. In other words, railroad negligence, and that of its agents and employees which results in employee injury or death results in liability exposure. The resulting of cause of action can be brought in either state or federal court.

There are certain things that will need to be established in order for an injured railroad worker to recover compensation under the FELA. Primarily, the injured worker must be able to substantiate the claim that the railroad was negligent and that the negligence was the cause or contributing factor in the injury sustained by the worker. You see, the railroad is legally obligated to provide its workers with a reasonably safe work environment. When that work environment proves to be unsafe, this is likely to be considered negligence. So, if there are unsafe workplace practices occurring, the railroad will likely be found negligent and liable for any injuries that result from such unsafe practices.

FELA claimants, however, must be aware of the fact that the FELA does provide that railroad workers must use due care to help ensure their own safety. Failure to exercise due care may result in the injured worker being found contributorily negligent in causing the resulting injuries. This may impact the injured workers right to recover compensation.

If you are a railroad worker who has been injured on the job, you need to be aware of the fact that time is of the essence in bringing any claim under the FELA. The statute of limitations on these kinds of claims is three years from the time of the accident that resulted in the injuries. Failing to file before that three years is up will likely result in you being barred from bringing your claim at all.

If you are successful in bringing your FELA case, damages will be awarded accordingly. The bulk of these damages will be compensatory in nature as they are intended to compensate you from the harm you have suffered due to railroad negligence. Damages available under the FELA include:

• Cost of past and future medical care
• Loss of past and future wages
• Loss of future earning capacity
• Pain and suffering
• Loss of enjoyment of life

Philadelphia Personal Injury Attorneys

If you are a railroad worker who has been injured in a workplace accident, do not hesitate to get in touch with the dedicated team at Cooper, Schall & Levy. We will begin immediately working on pursuing your right to monetary recovery for the harm you have suffered.  Contact us today.

What are your Halloween plans? If you are like countless American families, those plans will include trick or treating. The number of pedestrians on the streets on Halloween night can be substantial, to say the least. There are also likely to be a greater number of vehicles on the road as people travel to and from parties and trick-or-treat spots. When you combine the increased number of pedestrians with the increased number of vehicles on the road and you also consider the fact that many may be distracted by all of the fanfare that comes with Halloween celebrations, you have a recipe for disaster. It is no wonder that pedestrian accidents on Halloween night are a persistent problem year after year. These accidents can have truly tragic results as victims suffer serious or even fatal injuries.

Pedestrian Accidents on Halloween Night

While there tend to be higher rates of pedestrian accidents on Halloween night, this does not always have to be the case. It does not mean that you or your loved ones have to be the victims in a pedestrian accident. There are concrete steps you can take to keep everyone safe and keep up the Halloween fun.

You may be disheartened, but not surprised, to hear that children are the most common injury victims in Halloween accidents. They are out in greater numbers on a busy night, full of distractions, limited visibility, and so many other factors that can contribute to the high numbers of pedestrian accidents that occur at this time. It is important to talk to your children about your plan for Halloween night and what you can all do to stay safe.

Staying in a group can be your best bet. After all, there is safety in numbers. Larger groups of people are easier to see out on the streets. You should also develop and communicate a plan for what path you will be taking for your trick-or-treating route. Knowing where you are going will avoid needless wandering and people straying from the set path.

You should also evaluate your kids’ costumes for safety measures. For instance, is the costume bright? Does it have any reflective parts? If not, consider adding a reflective strip and giving them a flashlight to hold. The reflective strip can make them easier to spot by motorists. The flashlight can help ensure they avoid tripping over roadway hazards. Also, check to make sure the length of the costume allows for safe walking and that any masks or headwear allows for a clear line of vision.

Try to stick to streets that have good lighting. If there is a sidewalk available, always use it. If there is no sidewalk, remain on the side of the roadway, towards its outer edges. Also, when you are looking to cross a roadway, always make use of crosswalks when available. Avoid cross in between parked cars as it does not give motorists a clear line of vision to you and can take them by surprise. Furthermore, never assume that a driver sees you. Always assume that they are not going to give you the right of way to cross the road.

Philadelphia Personal Injury Attorneys

Have a safe and fun Halloween. If you or someone you love ends up being injured on Halloween, you know you can count on the dedicated personal injury team at Cooper, Schall & Levy to help protect and enforce your legal rights. Contact us today.

Are you ready for Halloween fun? The weather is cooler, there are Fall festivities afoot, and the main event, trick or treat time, is just around the corner. Halloween seems to be getting bigger every year and we, for one, love to see it. With all the Halloween fun on the horizon, it is important to help ensure the good times roll by taking steps to keep every safe and injury free during this spooky season.

How to Stay Safe and Prevent Injury on Halloween

There are a number of things you can do to help stay safe and prevent injury this Halloween. With proper planning and vigilance, you can keep yourself and your family safe and enjoy all that this holiday has to offer. For starters, you can take a few costume considerations into account. For instance, visibility on Halloween can be critical to staying safe. Vehicles and others will be better able to see you and your children if your costumes involve some kind of bright or reflective clothing. Additionally, make sure a costume fits so that it is not too long which can easily lead to tripping. Hats and masks should allow for a clear field of vision and anytime you can avoid sharp accessories, such as swords or canes, it is probably going to be for the best.

At your home, you can help prepare for safe visits from trick-or-treaters. Clear your lawn of debris and tripping hazards, such as hoses, bikes, and more. Make sure your pets are properly restrained. Also, you should make sure your outdoor lights are working and replace any bulbs that may have burned out.

There is also a lot you can do to stay safe out there on your trick-or-treat journey. For starters, always accompany small children as they make their way house to house. If you have older kids that want to go off with friends, make a plan for them including when they should get home and where they will be trick or treating. Provide them with flashlights that will serve them well once the sun sets.

In making the rounds while trick or treating, being constantly aware of your surroundings is crucial. As much as possible, stay on well-lit streets. Always use sidewalks when available. Cross streets at marked sidewalks. Never assume a vehicle sees you and will give you the right of way. You should also take your cell phone with you for a quick means of communication. You can also make use of your phone’s flashlight once it gets dark.

Philadelphia Personal Injury Attorneys

The personal injury team at Cooper, Schall & Levy wants you to have a ton of safe fun this Halloween. These are just a few simple things you can do to help ensure everyone remains accident and injury free. If someone else is less than vigilant and you or a loved one is injured as a result of their negligence, come to us so that we can fight to enforce your legal rights. Contact us today.