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Interesting Legal Cases

Frequently Asked Questions – 5/7/2012

If I am in a car accident in Chester County, who pays my medical bills?       Pennsylvania is a no-fault insurance state.  That means that at least the first $5,000 of any medical bills from the car accident is paid by your own insurance company – whether or not the accident was your fault or the other driver’s.              In Pennsylvania, everyone who drives a car must have car insurance.  The minimum amount for medical coverage is $5,000.  You can select a higher amount, and should select a higher amount, if you do not have personal medical insurance.  Most people don’t realize that their own car insurance company pays the first $5,000 (or more if you have more coverage), of any medical bills from the accident.  If you do not own a car and are a passenger, the first $5,000 of your medical bills would be paid by the insurance company for the owner of the car that you are in.  If you own a car and are a passenger of another car and are injured, your medical bills are still paid by your own car insurance company.             All additional medical bills would be paid by your health insurance company.  If you do not have health insurance, then you would be responsible for payment of your medical bills.  You, of course, could sue the other driver for these bills, but they would not be paid until the case was resolved.            If you have any questions about medical bills in a car accident in Chester County or would like us to review your car insurance policy, please give us a call at Karp & Hart.      Steve Karp

A Dram Shop Case – What Was This Guy Thinking – 4/30/2012

Recently an injured plaintiff sued a bar where he had been drinking claiming that he was seriously injured when his car rolled back over him after he had carelessly parked it on a hill while drunk.  He claimed that the bar served him alcohol despite being visibly intoxicated in violation of Pennsylvania’s Liquor Laws.      In Pennsylvania as I have stated before, a liquor establishment can be held liable for serving or continuing to serve anybody who is or becomes visibly intoxicated while on their premises.  In this case, the plaintiff was served no less than six cocktails consisting of Vodka and cranberry juice before leaving the premises.  He became boisterous and intoxicated and despite requests from other patrons to stop serving the plaintiff, the defendant bar tender continued to pour the plaintiff more drinks.  He was then allowed to drive away from the establishment in an intoxicated state.              After safely reaching his destination, the plaintiff put his car in park and exited his vehicle.  As he was walking around the vehicle, the car rolled backward and struck him causing serious and permanent injuries.           The jury came back with a defense verdict rather quickly.  I am sure that they all thought that it was his own fault and that he had placed himself in that position.  Did the bartender throw gasoline on the fire?    Peter J. Hart

The Real Effects Of Tort Reform – 4/16/2012

Years ago on our radio show, Legal Talk, I had on as a guest Frank Cornelius.  Frank was a lobbyist for the insurance industry in Indiana in the 1970’s.  Due to his efforts, a law was passed in Indiana placing a $500,000 cap on medical malpractice awards for pain and suffering.  He believed he was doing good work as it would reduce healthcare costs in the state.    In 1989, Frank underwent knee surgery and developed an infection.  His condition worsened, and he had a second procedure in which a surgeon used the wrong instrument and pierced the main vein from his legs to his heart.  When another physician attempted to save his life, that physician punctured his left lung.           As a result of medical malpractice, Frank was left wheelchair-bound and on a morphine drip.  His marriage ended, and he was sentenced to a life of pain at the age of forty-nine.            Despite Frank’s future life of pain and suffering, his malpractice award was reduced to $500,000.  After payment to his lawyers and the cost of the malpractice litigation, he was not left with much.  If Frank had not changed the law in Indiana, his settlement would have been in the millions.

In 1994, Frank wrote a letter which was published in the New York Times.  He talked about his efforts in supporting tort reform and wrote, “Make no mistake, damage caps are arbitrary, wholly disregarding the nature of the injury and the pain experienced by the plaintiff….  Medical negligence cannot be reduced simply by restricting consumers’ legal rights.”  Frank died the year following the letter.  When individuals act as advocates to reduce consumer rights while working for insurance company, big corporations, tobacco, the drug industry, etc., they have to realize that there are consequences to their actions.  I know of no better story to show those consequences than the story of Frank Cornelius.   Steve Karp

Sweet 16 – 3/2/2012

One of my clients told me that their daughter was going to have a sweet 16 party.  It reminded me of a case I had several years ago.  It also reminded me why it is so important to have good car insurance coverage.            Donna was celebrating her 16^th birthday.  The day turned out to be anything but sweet.  She was in a friend’s car in Chester County which skidded around a turn and struck a tree.  At the hospital, she received 75 stitches to her forehead and chin.  I learned that Donna’s friend only had a $25,000 car insurance policy.  Would that be all that Donna would collect?  The good news was that her parents stacked their underinsured motorist coverage, and an additional $200,000 was available.  The bad news was that their insurance company refused to pay the money – they claimed her scars were not serious.            I came across a newspaper photo of a cocaine dealer in Philadelphia who received $125,000 from a jury.  He was beaten by the police, and received 60 stitches to his face.  I sent the photo to the insurance company explaining that if a convict got that much, then Donna’s case was certainly worth more than her parent’s policy of $200,000.  To their credit, the insurance company agreed and sent out a check for the policy limits.  Steve Karp