Accident Lawyer Archives - Rizio Hamilton & Kane P.C.

Hit by a Car and Injured – 3 Steps You Can Take to Help Yourself

Posted on March 19, 2020March 19, 2020 by Alexandra Kane

Protecting Your Rights When You are Hit by a Car and Injured

If you were hit by a car and injured (what lawyers call pedestrian cases) here are 3 steps you can take to help yourself.

Police

First, after you have been hit by a car and injured IF you CAN, call the police or ask a bystander to call 911. It is critical to have police on the scene to investigate the accident and to create a record. Often times, injuries from pedestrian accidents are bad enough where the accident victim is unable to call the police. If you are a witness to a person who was hit by a car and injured – please step up and take action. Call 911 and please stay around to give a statement. Sometimes, witnesses do not want to get involved, but consider it a civic duty. Witness statements in pedestrian cases can be of critical importance, and sometimes these statements are the only way to get accurate accident information.

Video

Second, take note of your location. If there are no witnesses, there may be a business nearby with outside video. Many times, these video cameras will catch the accident. These videos can help catch hit and run drivers (for more information on how to protect yourself against hit and run drivers, click here) and can verify the accident victim’s version of the facts. There are circumstances where drivers who hit pedestrians claim that the pedestrian darted out into traffic, which caused the accident. A video can dispute the defendant driver’s version of the accident, and help to prove the pedestrian’s case. It is important to note, that businesses do not save these videos for very long. You must reach out to business owners immediately to try to get a copy of the video. Otherwise, all footage may be lost or taped over for good.

Treatment

Third, make sure you get proper evaluation and treatment of your injuries. Chances are, you were taken to the hospital immediately after the accident. This hospital visit is important for thorough assessment of your injuries. Hospitals often perform x-rays and CT scans to help diagnose broken bones and internal injuries. You may not feel your injuries immediately, so it is important to be assessed by medical professionals who understand the possible underlying injuries of a person who has been hit by a car and injured. Additionally, at this hospital visit, the medical staff can give you recommendations for follow up treatment. For example, you will normally have recommendations for orthopedic doctors when you have an orthopedic injury, such as a torn rotator cuff or a fractured femur.

Call Us

If you were hit by a car and injured, call our accident lawyers at (215) 567-1900 or (855) 822-6783 (toll free) for a FREE consultation. Our accident lawyers in Philadelphia and Bucks County will fight to get you what you deserve.

Rizio, Hamilton & Kane, P.C. has been helping accident victims in Pennsylvania and New Jersey for over 40 years.

Accidents and Injuries Amidst Coronavirus COVID-19 – Hospital Protocol

Posted on March 17, 2020March 17, 2020 by Alexandra Kane

Accident Victims are Not Being Fully Evaluated at Hospitals … What You Can Do

Accidents and Injuries Amidst Coronavirus COVID-19: Our clients have been informing us that many hospitals are not fully evaluating and treating them after accidents because emergency rooms are overwhelmed as a result of COVID-19. If you are critically injured, you should be evaluated at the hospital. However, if you are not critically injured, you may be sent home without much of an evaluation. This post is an attempt to provide non-critically injured accident victims with some guidance after an accident.

First, all accident victims or injured persons after a car accident or slip and fall should attempt to go to the emergency room. It is important to be properly checked out. You may have an underlying injury that you cannot see, such as an internal injury. If you are not fully evaluated because the emergency room is overwhelmed (and you are not critically injured), you should at least come home with discharge papers regarding your accident and possible injuries. These discharge papers should have important post care instructions for you to follow and “at-home” treat your injuries as well as follow up physicians, such as orthopedic doctors. Follow these instructions until you can get to another physician.

Second, take notes, keep a journal and take photographs of all of your injuries. It is critical to keep a record of your injuries, especially because you may not have complete hospital evaluation records. Photos will serve to memorialize the extent of the physical injury and are important for proof after the fact. Additionally, notes and a journal will help to document your physical limitations after an accident.

Lastly, if you injured your neck and/or back in an accident, you can make an appointment with a chiropractic doctor or physical therapy facility for evaluation and treatment of your injuries. These medical professionals can also assist with injuries to your legs, arms, etc. They can send you for diagnostic testing that will diagnose the extent of your injury with more certainty, for example an MRI can help diagnose a herniated disc just like an x-ray can diagnose a broken bone. If you are evaluated by one of these types of medical professionals, then you will avoid clogging the hospital system and you will be more fully evaluated . . . ensuring a better diagnosis and treatment plan, and reserving hospitals for critically injured patients.

Accidents and Injuries Amidst Coronavirus COVID-19 can be overlooked and undervalued. If you need assistance from an accident lawyer, call our office. Our attorneys will help to guide you … this a free consultation. We do not charge for consultations, and in fact, we do not charge you anything unless we win your case.

Rizio, Hamilton & Kane, P.C. (855) 822-6783 toll free or local (215) 567-1900

Multiple Vehicle Car Accident – How Insurance Works When There are More Than 2 Cars Involved

Posted on March 3, 2020March 3, 2020 by Alexandra Kane

We’ve all seen the traditional multiple car pileup on roads like I-95, but do you know how your insurance works in a multiple vehicle car accident?

Medical Benefits – PA & NJ

Pennsylvania: If you were injured in the accident, your medical benefits will come from your own policy. These benefits are called PIP or personal injury protection. The amount or limit of your benefits will be based upon your selection when you purchased your policy. Most people have $5,000 in PIP coverage. You may have more, if you selected higher coverage.
New Jersey: New Jersey is much more complicated than Pennsylvania. In NJ, in some cases, you can receive up to $250,000 in medical benefits. However, you can also choose for your healthcare insurance to be “primary”, and have your PIP benefits be “secondary”. Also, there can be co-pays or co-insurance payments for your treatment. If your treatment becomes substantial, or if you are treating for your injuries for over a certain period of time, you may need to undergo an independent medical exam, where your treatment can be cut off.

Bodily Injury – PA & NJ

If you were injured in the accident due to someone else’s negligence, and you wish to sue for damages, then you would look to the person who caused the accident. In stop and go traffic, often the person who causes the accident is the last in the line of traffic. For instance, if you are stopped in traffic, and someone hits the rear of your vehicle, and then you hit the person in front of you, the person at the back of the line is the negligent party.

Other times, in a highway accident situation, speed can influence the trajectory of the vehicles. Cars can spin and tractor trailers can jackknife, so witnesses and police reports become important. Who actually caused the accident? It is that person who would be responsible for your damages. So, hopefully, that person has good insurance coverage OR hopefully you have uninsured and under insured motorist coverage. For more information on important insurance coverage choices, click here.

If possible, make sure to obtain as much information as possible at the accident scene. Try to obtain a DC (or District Control) number for the police report. Also, take as many pictures as possible to recreate the story of the accident.

If you were injured in a multiple vehicle car accident, and you need advice, call our top accident lawyers at 215-567-1900 or 855-822-6783 (toll free). All consultations are FREE.

Rizio, Hamilton & Kane, P.C. has been serving accident victims in Pennsylvania and New Jersey since 1978.

Dog Bites: Nightmares of a Plaintiff and an Accident Lawyer

Posted on February 14, 2020February 14, 2020 by Alexandra Kane

Any old accident lawyer may not be enough if you are the victim of a dog bite. There are little known facts about the personal injury niche of dog bites. And this post is meant to shed some light on the issue.

In Pennsylvania, a dog owner or keeper must pay for the medical expenses of the injured party resulting from a dog bite. In some cases, if the injury is severe enough, the dog owner would need to pay for pain and suffering, lost wages and other damages that the injured party suffered as a result of the dog bite. In other cases, in order to recover for pain and suffering, and other damages, an injured party must prove negligence. In other words, the plaintiff must prove that the dog owner or keeper had a duty to the plaintiff, breached that duty, and that breach caused the plaintiff to suffer damages.

There are factors that the court would take into account in every case. Does the dog have a propensity for viciousness? Is the dog known to be aggressive? Has the dog bitten before? Factors that may mitigate the dog owner’s negligence also come into play. Was the dog restrained, or properly fenced and escaped without the possible knowledge of the dog owner? Also, did the plaintiff or injured party assume the risk, and enter the dog’s space knowingly, or did the injured party provoke the dog?

With all of this being said, suppose that the victim’s injuries are severe and include horrible facial lacerations, scarring and maiming. The dog owner allowed an aggressive dog off the leash and the victim sustained those injuries as a result. Liability is not an issue. Well, then who pays the settlement or judgement? The dog owner in most cases is “judgement proof” meaning, he or she has no real assets to pay a judgement. So, usually an injured party looks to insurance to pay for his or her injuries. There are many cases where the dog owner does not have homeowner’s insurance. And even more cases where, even if there is insurance, the insurance company disclaims such accidents and injuries. Many insurance companies specifically exclude certain dog breeds from their policies. Unfortunately, Pitbulls and Rottweilers are examples of breeds that are often specifically excluded from homeowner’s insurance policies. Hence, the nightmares of the plaintiff and accident lawyer begin. In these situations, injured parties need a creative, resourceful and relentless accident lawyer.

If you find yourself or a loved one in this situation, call an accident lawyer at Rizio, Hamilton & Kane, P.C. at 855-822-6783 or 215-567-1900. Calls are always confidential and free.

Category: Accident Lawyer