What Does Having No-Fault Car Insurance in Pennsylvania Mean?

The state of Pennsylvania follows the no-fault car insurance system. Under this system, your insurance company covers the costs for any medical treatments or out-of-pocket expenses for anyone involved in the car accident. This means even if you are not the one who caused the accident, your insurance must pay for any expenses for injuries. Most insurance companies in Pennsylvania allow you to opt-out of the no-fault system when you purchase insurance. The insurance company is responsible for letting you know what exactly opting out means.

LIMITED TORT VS. FULL TORT CAR INSURANCE COVERAGE

There are two options you have when purchasing car insurance in Pennsylvania. With these two options, drivers in Pennsylvania must meet the state-required coverage minimums. The following explains the differences between the two options:

  • Limited Tort. This option limits the rights to compensation for you and passengers when the other driver caused the accident. With this option, you can seek compensation for medical expenses. Limited tort coverage does not apply to other non-monetary losses or pain and suffering. You can seek compensation for such injuries if they are deemed serious by the insurance company. These injuries include major impairment of a body function and permanent disfigurement.
  • Full Tort. With this option, the insurance company will cover ALL medical treatments, out-of-pocket expenses and non-monetary losses including pain and suffering.

These types of coverage only apply to expenses related to injuries. They do not apply to expenses related to damages of your vehicle. You can file a claim for damages against the driver who is at-fault. It’s also important to note that if you are in an accident, sometimes your injuries will exceed the minimum coverage of the at-fault driver. If this is the case, the at-fault driver will have to cover any expenses for injuries from their own assets.

QUESTIONS ABOUT A CAR ACCIDENT?

If you have been in a car accident and need compensation for your injuries, you should call the auto accident attorneys at Selingo Guagliardo to help you today. Call 570-287-2400 or fill out our online contact form.

Is Negligence Increasing Concussions Among Girls Playing Soccer?

For a few years, more and more scientific studies about Chronic Traumatic Encephalopathy (CTE) have flooded the media. This degenerative brain disease is commonly found in veterans and athletes—most notably football players. As a result, many parents have banned their young boys from playing football. Now, some are beginning to see that this disease could be just as dangerous to girls. And they want officials in charge to make up for the negligence of not protecting these female athletes.

IS FAILING TO PREVENT CONCUSSIONS NEGLIGENCE?

U.S. Soccer Federation governs a nationwide sports league with 1.7 million girls registered to play. This organization has many rules and requirements to ensure safe playing, but some Pennsylvania parents don’t think those rules go far enough.

In recent studies, researchers have found that modern Kevlar headgear can help protect players from concussions. Yet, U.S. Soccer has not implemented headgear requirements into its youth league rules. This has resulted in a lawsuit filed by the parents of two teenage girls who suffered concussions while playing soccer with the group.

The lawsuit claims negligence on the part of U.S. Soccer and its member, the U.S. Youth Soccer Association. The suit claims that in spite of evidence showing that headgear works, the organizations have failed to implement the safety measures. This is further compounded by the fact that the league does mandate other safety devices such as shin guards and other equipment.

This is just one case in a rising trend of parents holding schools and sports leagues responsible for concussion injuries. Though most of these cases have been focused on predominantly male sports, experts are realizing female-oriented sports can be just as dangerous. Some believe that head injuries in soccer and cheerleading may even exceed how many occur in boy’s football.

If you suspect your child’s safety is being disregarded by the coaches or rule makers in the sports they play, contact an attorney. An attorney may help spur change with your local sports organizations and help protect your child. For more info about using a lawsuit to affect real change, keep following the blog at Selingo Guagliardo.

Categories

How Often Are Mesothelioma Lawsuits Filed in Pennsylvania?

When it comes to mesothelioma, there is good news and bad news. The good news is, as time passes, fewer cases of the sickness are being discovered. The bad news is that more asbestos lawsuits may have been filed in 2017 than in 2016. Even more surprising is Pennsylvania’s role in the lawsuits filed once these cases are discovered.

HOW MANY MESOTHELIOMA LAWSUITS WERE FILED IN PENNSYLVANIA?

Mesothelioma is a deadly lung cancer that usually occurs after a person has breathed in asbestos particles. This disease can often take years to develop, and there are few treatment options available. Worse yet is the fact that asbestos was at one time a very popular heat barrier. It was used in construction, clothing and even car brake pads. However, the discovery of this mineral’s deadly effects has led to a nationwide ban and lawsuits as affected individuals try to find compensation for their damages. Apparently, Pennsylvania is at the center of these lawsuits.

According to a report compiled by Washington, D.C. consulting firm KCIC, Pennsylvania has the second highest number of asbestos related lawsuits filed nationwide. Philadelphia is a particular hotspot. In 2015, 88 mesothelioma cases were filed in Philly, and in 2016, 97 more cases found their way to court filing rooms in the city. That increase continued in 2017 as 128 cases were filed that year.

WHAT DO THESE FILINGS MEAN?

As many predicted and feared, mesothelioma cases are continuing to develop years after banning the use of asbestos in all products and construction. This is because we are still discovering new places the substance was used and never reported. Sometimes, employers will also neglect their duty to ensure that their work environments are safe from asbestos. This can lead to lawsuits, considering that these personal injury cases are often the only way for victims and their families to get compensation for their medical bills.

To learn more, keep following the Kingston personal injury law firm Selingo Guagliardo—a helping hand when you have been hurt.

How Important Is Social Media to Your Personal Injury Case?

A personal injury lawsuit can be a very complex and delicate legal proceeding. The slightest turn in testimony or evidence can have a ripple effect that changes the entire course of a case. This sensitivity is increased tenfold due to the prevalence of social media. Pictures, videos and other posts of a person’s day-to-day life give people a rare glimpse into how others live, but such a window into your life could prove disastrous to a personal injury case.

HOW DO SOCIAL MEDIA ACCOUNTS AFFECT PERSONAL INJURY CASES?

An auto accident lawsuit in the Monroe County Court of Common Pleas is shaking up the legal landscape in Pennsylvania. A judge has ordered that the defendant in this case be allowed to access the Instagram account of the plaintiff, despite the account being set to private. This after the defendant showed the court images from the Instagram account—when it was still set to public access—which showed the plaintiff participating in physical activities that her alleged injuries should preclude.

Though the plaintiff has argued that the account is private, at one point it was public, and it was made clear to the court that the account may contain information that relates to the litigation of the case. Earlier in proceedings the plaintiff had also denied she maintained a social media account. However, when presented with evidence of her Instagram account, she admitted that she misunderstood the question and claimed the account.

These revelations have most likely hurt this plaintiff’s personal injury claim. Even if she has a sound explanation for the posts that appear on social media, pictures and video are powerful evidence that could place doubt in the minds of those deliberating a case. This is why an experienced attorney will ask clients to avoid social media during their personal injury case. With the role of social media increasing in our nation’s courtrooms, being aware of your footprint online is becoming vital to every lawsuit.

Lawsuit Filed! Will Uptown Pizza Place Pay for a Manager Attacking a Woman?

On January 12, a Pittsburgh woman missed her bus home after going out for a drink after work. While waiting for another bus, she was struck by the urge to use restroom. Not far away, Pizza Milano was open, so she went inside hoping to use their bathroom. What happened next led to her filing a $5 million lawsuit.

LAWSUIT FILED AGAINST PIZZA PLACE MANAGER ACCUSED OF ASSAULT

When the woman who needed to use the bathroom entered the pizza place, she was immediately confronted by the restaurant’s manager. She was informed that the bathroom was for paying customers, but the woman insisted that she needed to use the restroom. After an exchange of words, the woman tried to step past the man who then grabbed her arm. What happened next was captured on video by a bystander in the restaurant.

The manager slammed the woman against the wall near the pizzeria’s entrance while yelling, “I said please!” He continued to push her while yelling, forcing her back into a group of tables and then to the floor. There he continued to yell at her while apparently slamming the woman’s head into the ground several times. It was at this point that the man’s fellow employees pulled him off the woman and escorted her out of the restaurant.

When police arrived, they charged the man with aggravated assault and charged the woman with trespassing and disorderly conduct. However, after reviewing the incident, a judge dismissed the charges against the woman claiming that the evidence did not show anything that would support the charges being filed. The manager was also fired.

The woman suffered a concussion and neck injuries during the assault. Since then, she has been suffering from headaches, memory loss, nightmares and vision problems. She also had to take medical leave from work. The lawsuit she filed against the manager and the pizza company claims battery, negligence, intentional infliction of emotional distress as well as corporate negligence. Pizza Milano also faces another lawsuit related to a delivery driver who was under the influence when he struck and killed a woman while out delivering pizzas.

Will the victim of this assault receive compensation for her suffering, pain and injuries? The experienced lawyers at Selingo Guagliardo will continue to watch this case to find out. Keep checking back with our experienced attorneys to find out how this case is resolved.

The Jury Is In on This Pennsylvania Birth Injury Lawsuit!

It was March 2, 2011 when a mother was admitted to Delaware County Memorial Hospital to deliver her twins. Doctors induced labor, took the woman into the deliver room and began birthing the twins, but something went wrong. Now the Pennsylvania birth injury lawsuit that was filed on behalf of one of these twins has finally ended, but no one was expecting this result.

A PENNSYLVANIA BIRTH INJURY LAWSUIT END WITH A RECORD VERDICT

In most medical malpractice cases filed in Delaware County, Pennsylvania, juries often side with the doctors defending themselves. From 2000 to 2016, 86 percent of medical malpractice cases were won by the defense when the trial ended in a verdict. In that same time period, only one case exceeded a $10 million verdict. So, when this little girl’s birth injury case ended in a $40.26 million verdict, many were shocked.

In this case, evidence mounted up against Delaware County Memorial Hospital. The pregnancy was determined to be high-risk early on, yet when the mother was admitted both babies appeared healthy. The mother claimed doctors told her the babies would be delivered via cesarean section (C-section). Yet, when in the delivery room, the attending physician performed a vaginal birthing. The first baby was delivered normally, however, the second baby was in a foot breach position. In most cases of foot breach position, the baby would be delivered via C-section, but the doctor continued with the vaginal birth.

During the procedure, a loud pop was heard. Later the baby was transferred to Children’s Hospital of Philadelphia where an MRI led doctors to conclude the baby had suffered “significant birth trauma”. By February 2013, the family of the child who suffered this injury had filed a lawsuit. It claimed that the doctor in charge of the delivery was inexperienced, didn’t take proper measures to protect the baby’s head and neck, and that the doctor used excessive force during the delivery.

Despite the hospital’s defense that the injury must have been suffered in utero, medical records and testimony provided by the plaintiffs had a big influence on the jury. This shows why it is so important to gather the right records when dealing with a case of medical malpractice. Getting experienced representation for such a case could make all the difference for families hurt by the negligence of a medical professional.

Is the Person Texting a Driver Also Responsible for Distracted Driving Crashes?

Back in May 2013, a motorcyclist in Hickory Township was slowing down for a turn when his bike was hit by an SUV. The 47-year-old was texting at the time of the crash, and the rider did not survive the incident. The bereaved family of the motorcyclist sought justice for their loved one by taking the SUV driver to court, however, she was not the only defendant in this lawsuit.

SHOULD THE PERSON TEXTING A DRIVER BE HELD RESPONSIBLE FOR DISTRACTED DRIVING CRASHES?

Authorities charged the 47-year-old with careless driving, involuntary manslaughter and texting while driving. She pleaded guilty to those charges and was sentenced to 60 days in jail, 60 days of incarceration with work release, probation and house arrest. However, criminal cases rarely help compensate the families of victims after the loss of their loved one. That’s why the family of the motorcyclist filed a civil lawsuit against not only the distracted driver, but the person who was texting her at the time.

On Friday, February 2, a Pennsylvania court dismissed the lawsuit against the man who was texting the distracted driver in this case. The court said that the given testimony failed to prove that the texter knew or should have had knowledge that his intended recipient was driving when he sent her the message that may have caused this tragedy. This at first seems like a win for the texter, but it also makes a serious implication.

If the texter in this case had known or should have known that the recipient of their text was driving at the time of the crash, the court may have ruled differently. So far, there have not been any cases to test this legal theory, but with the continued rise in distracted driving civil lawsuits, one such case could be right around the corner. The auto accident attorneys at Selingo Guagliardo will continue to monitor developments in lawsuits like this, so you can stay informed.

Is Uber Responsible for the Actions of Its Drivers?

The rideshare economy is one of the most lucrative in today’s modern world, but safety issues have many people worried about whether their ride will be safe. That’s the subject of a new Pennsylvania lawsuit that is taking Uber to court over an unsafe driver. But will the company be held responsible for the actions of this driver?

CAN RIDESHARE COMPANIES BE HELD RESPONSIBLE FOR THEIR DRIVERS’ ACTIONS?

It was around 4:30 in the morning on June 21, 2017, when a woman was picked up by an Uber driver for a ride to Philadelphia International Airport. As the ride got underway, the rider noticed that her driver’s speech was slurred, and the driver appeared agitated. The rider then asked her driver to take the Pennsylvania Turnpike, since she believed it would be the faster route. That’s when the woman driving the Uber ride suddenly became agitated, saying that she didn’t have an E-ZPass—which is required for the toll road.

The woman riding to the airport offered to pay the $41 fine that the driver would incur by taking the turnpike, and the driver agreed. But a little while later, the driver claimed that she was afraid that her car could be stopped and searched by the police. The conflict escalated further and before long the passenger was kicked out of the car near the Route 309 exit.

The woman walked a quarter of a mile before throwing her luggage over a fence and climbing over. She sought safety at a nearby Best Western, where she called for a taxi so she could continue her trip. She finally managed to arrive at the airport two hours later, but by then, her flight had left.

After contacting Uber, this woman was only offered a $41 credit for another Uber ride, and it seemed that the company was not going to address the issue. The woman filed a lawsuit, but it was only after a local television station inquired with Uber about the lawsuit that she found out that the driver had been suspended. Still feeling that Uber misrepresented the safety of their services, her lawsuit is continuing.

Uber and other rideshare companies have had a very spotty record when it comes to the safety of their passengers. Sexual assaults, attacks, and impaired or intoxicated drivers have led to several lawsuits and police intervention in some cases. That makes it critical for you to contact an attorney if you have an incident involving an Uber driver. You have rights in these instances, and an attorney can help ensure these rights are not ignored.

Does America Have a Misdiagnosis Problem?

If you were diagnosed with cancer, should you trust that diagnosis? It turns out that misdiagnosis of ailments may be more common than you ever imagined. This can lead to patients receiving the wrong treatment, which can lead to further illness and even death. So, what can you do about the misdiagnosis problem in our country? You may be surprised at some of the options available to you.

HOW TO FIGHT MISDIAGNOSIS IN AMERICA

Did you know that there is a one-in-five chance that your cancer diagnosis is incorrect? A doctor at Yale University recently stated that the rate of cancer misdiagnosis is around 20 percent. This statistic was further confirmed by an ongoing study from Precipio, Inc. In this study, 21 percent of 315 patients were found to have been misdiagnosed. This supports the data shown by other studies, but the company’s research also exposed something unexpected.

In over 73 percent of misdiagnosed cases found by the Precipio study, the change in diagnosis may have also changed the recommended treatment for the patients in those cases. That means billions of dollars could have been wasted as patients were given incorrect treatments. Worse yet, such mistakes can lead to prolonged illness and even death.

This data means that it is even more important for patients to get a second opinion, especially when dealing with a disease like cancer. Precipio is offering hospitals and labs services that allow academic medical professionals to review patient data to improve the accuracy of diagnosis, but you can do the same thing by hunting out your own expert and asking them to review your case.

For those individuals who are undergoing treatments that seem ineffective, it is important that you not only seek a second opinion but that you look into getting an attorney. An experienced medical malpractice attorney can not only help you recognize the signs of a cancer misdiagnosis, they can help you get support for your family while you are sick. And in the case that your condition becomes terminal, a medical malpractice attorneycan help your family pursue the resources they will need to handle life without you.

A message from the attorneys at Selingo Guagliardo LLC­—good lawyers helping people out of the woods.

Will New Punishment Curb Future Frat Hazing?

It was freezing cold when a college fraternity pledge was blindfolded, strapped to a backpack full of sand and led into the mountains. There, he was assaulted by his frat brothers as a rite of passage, but something went wrong. Now a judge has handed down a decision that could shake Greek life all over the country, but will this measure help curb future frat hazing incidents?

DID FRAT HAZING CAUSE PENNSYLVANIA TO BAN A FRATERNITY?

The young man was a pledge for the Pi Delta Psi fraternity out of City University of New York’s Baruch College. He and his fraternity brothers were vacationing in the Poconos when the hazing ritual happened. During the assault, the young pledge fell unconscious. The other fraternity members took him inside, but did not call for medical assistance until the next day. By that point, it was too late and the young man died.

Unfortunately, hazing deaths like this are not uncommon. In February of last year, a pledge for the Penn State chapter of Beta Theta Pi fell down a flight of stairs. He had been forced to binge drink before falling down the stairwell and hitting his head multiple times. The fraternity members didn’t call 911 until the next day, which was too late for the young pledge.

In the case involving Pi Delta Psi, prosecutors not only levied charges against the frat members involved, but they also filed criminal charges against the fraternity’s national branch. This has resulted in a Pennsylvania judge banning the fraternity from operating in the state for 10 years. Such a ruling is unprecedented, and many are hoping this will strike a chord with other Greek chapters all over the country.

Though the Pi Delta Psi fraternity members received jail time and the national branch was charged $112,000 in fines, the families who lost their children to incidents like this may not see any compensation from the criminal cases. They must instead rely on the civil courts to find justice for those they have lost. Contacting a good lawyer is the first step in that process.