February 2015 - Rizio Hamilton & Kane P.C.

Traumatic Brain Injury

Traumatic brain injury has gotten much more media attention lately.  We have heard about professional athletes suffering from this type of injury, and even high school football players who have been diagnosed with traumatic brain injury.  One of the most recent news stories to focus on traumatic brain injury involves comedian Tracy Morgan.  Pictures of Tracy Morgan’s Recovery.

Morgan was a passenger in a limo that was struck by a Walmart truck.  The six vehicle accident left Morgan with serious injuries, including a broken femur, leg, nose, ribs and a traumatic brain injury.  Morgan was notably absent from Saturday Night Live’s 40th Anniversary show, which aired on February 15, 2015.  He was discussed during the show and it was noted that he was still recovering from his injuries.  A further discussion on the extent of Morgan’s injuries can be found here https://www.yahoo.com/health/7-things-to-know-about-tracy-morgans-brain-injury-104351291463.html.

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Ice and Snow Causing Accidents: Philadelphia Car Accident Lawyer

As a Philadelphia car and auto accident firm, we see a tremendous amount of car accidents at this time of the year.  In fact, 2015 has been particularly bad because plummeting temperatures have negated the effect of precautionary ice measures such as salt.  Refreezing and black ice have created additional hazards this year.

What can you do to keep yourself safe this season?  Aside from the obvious (avoiding unnecessary travel in bad weather and keeping a safe distance behind other vehicles), review your car insurance policy.  If you are involved in an accident because of someone else’s negligence, you will need to make sure that you carry enough insurance to compensate you for your injuries.

First, go to your DECLARATIONS page, and IMG_0001check your tort status.  You should be FULL TORT.  FULL TORT does NOT mean “full coverage.”  In Pennsylvania, you have the option to be either FULL TORT or LIMITED TORT.  We have heard from our clients that often times insurance brokers push limited tort coverage.  It is slightly cheaper than full tort coverage and most importantly, it saves insurance companies money. They do not have to pay out as much on limited tort policies, and so THEY would like YOU to have limited tort insurance.  They can collect their premium from you, and they can avoid compensating you for your pain and suffering unless you have 1. a serious impairment of a bodily function, 2. been fatally injured, or 3. suffered serious and permanent disfigurement.  Be very careful about checking your insurance for FULL TORT coverage.  If you have limited tort coverage, you should amend your policy as soon as possible.  You are putting your entire family at risk without full tort coverage, because your tort choice extends to your resident relatives, or your family members that reside with you.

Next, check your policy for UNINSURED and UNDERINSURED MOTORIST coverage (UM/UIM coverage).   This coverage protects you from being under compensated for your injuries when you are struck by someone who has very little or no insurance.  In Pennsylvania, the minimum amount of BODILY INJURY (BI) insurance coverage is $15,000, which is not very much, considering that your outstanding medical bills could be that much in an accident.  With outstanding medical bills, you may not wind up with anything to compensate you for your pain and suffering or even your lost wages.  People often choose $15,000 or the minimum in BI coverage because this signifies the amount the insurance company pays out to someone else when their insured causes an accident.   Most people are not very concerned with how much SOMEONE ELSE can collect as compensation for their injuries.  However, if you have sufficient UM/UIM coverage, you protect yourself from those people who have chosen the minimum in BI coverage, or those who are not insured at all.

For more information on insurance coverage, check out our October 2014 Blog Posts called Tragedy Avoided: Uninsured and Underinsured Motorist Coverage and Car Accident Attorney: Full Tort or Limited Tort which can be found here https://www.rizio-hamilton.com/2014/10/.  Our Philadelphia car accident lawyers give in depth explanations of limited and full tort insurance and uninsured and underinsured motorist coverage.

If you find yourself in a situation where you have been injured in a car or auto accident, and you need legal advice, call our Philadelphia car accident lawyers.  One of our Philadelphia car accident lawyers will give you a FREE consultation and an honest assessment of your case.  Our Philadelphia car accident lawyers never get paid unless they obtain money for YOU.  And our firm’s auto accident attorneys have been battling insurance companies and winning since 1978.

Icy Conditions and Slip and Fall Accidents: A Slip and Fall Attorney Summary

The freezing rain and icy conditions this winter have been leading to slip and fall accidents all over the region.  When a person slips and falls as a result of icy conditions, generally the property owner (by and through the property owner’s premises INSURANCE or homeowner’s INSURANCE) bears the responsibility for the accident.  The property owner, and sometimes the person who leases the property, has a duty to maintain the property.  A property cannot be left in a dangerous condition.

However, in Pennsylvania, there are certain notice requirements that must be met in order to bring a slip and fall lawsuit.  In other words, the property owner must have notice of the dangerous or defective condition on his or her property.  For instance, if the snow started falling one hour ago, and it is continuing to snow, and you fall on someone’s property as a result of the snow, there may not be enough notice to the property owner, or enough time for a reasonable person to shovel or clean up the dangerous condition.  There are also different standards of care owed to different people invited onto a premises, such as a business invitee, a public invitee, a licensee or a trespasser.  The standard for maintaining a premises in a safe condition is different for a business invitee than it is for a trespasser.

The law can be complex when it comes to slip and fall accidents.  If you need an experienced slip and fall attorney, call us toll free at 855-U-CAN-SUE, or (855) 822-6783.  Our slip and fall attorneys will give you a FREE consultation and an honest assessment of your case.  Our slip and fall attorneys NEVER take a fee unless they win money for YOU.

Was Jenner Texting and Driving? A Philadelphia Car Accident Lawyer Weighs In

On February 7, 2015, Bruce Jenner was part of a multiple car accident.  Jenner rear ended a woman with his SUV, pushing her into oncoming traffic.  The woman passed away as a result of her injuries.  The patriarch of the Kardashian clan must comply with a search warrant that was issued for his cell phone records, in order to prove that he in fact was not texting or otherwise using his cell phone at the time of the fatal accident.  More information about the accident can be found here: http://www.usmagazine.com/celebrity-news/news/bruce-jenner-car-crash-victim-identified-neighbor-kim-howe-201592

We know that texting and driving has become an enormous problem.  There are numerous public service announcements regarding the perils of texting and driving and phone manufacturers are devising ways to prevent texting and driving.  However, at this point, texting and driving is still creating accident after accident.  So, what can you do to PROTECT yourself?

Obviously, don’t text and drive.  But, beyond that, when you are on the road, look around you.  In a traffic situation, people who are either texting or using a cell phone are quite apparent.  They are usually looking down instead of at the road.   Often times, instead of accelerating when it is their turn to drive, they idle for too long.  If you observe this, keep a safe distance or change lanes.  Additionally, try to remember their license plate.  If they do cause an accident, you could be a witness.  If you are the victim of the accident, take it from this Philadelphia car accident lawyer, you WILL want to be armed with the knowledge that the potential defendant was texting and driving.  Using a phone during an accident will weigh heavily against the defendant.

If you have been in an accident caused by someone texting and driving, call us for a FREE consultation with a Philadelphia car accident lawyer.  We will give you an honest assessment of your case.  We have a Philadelphia car accident lawyer on call at all times because car accidents can happen at all times.

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