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Newswire - Most recent postsLEGAL TIPS
TOP LEGAL STORIES OF 2011 – 2/2/2012 What do you think was the top legal story of the year? I recently asked that question when I hosted Legal Talk on WCHE. The answers I got ranged from the Casey Anthony trial to the Penn State – Jerry Sandusky scandal. There were three top criminal trials including Casey Anthony, Dr. Conrad Murray (Michael Jackson’s doctor), and the appeal victory of Amanda Knox who escaped a life sentence in an Italy jail. I can tell you what the top legal story for 2012 will be – how about the awaited decision of Supreme Court of the United States on the issue of whether President Obama’s healthcare plan is constitutional. Two days of arguments will be held and there should be a decision reached sometime in June of 2012. The Supreme Court’s decision will have a big impact on the presidential election. Anyone want to take any bets on the fact that the Supreme Court decision will be anything other than 5-4? Steve Karp
LEGAL TALK – GUEST, SUSAN SALADOFF – 1/12/2012
One of our recent guests on Legal Talk was Susan Saladoff. Susan is a personal injury attorney who left practicing law to become a film documentary producer. Her first film was “Hot Coffee – The Movie.” Susan was a most interesting guest. She talked about her decision to quit the practice of law in order to warn the public about the myths of tort reform. Like all lawyers, she knew that tort reform was just a buzz word for big business and the insurance industry’s “attempt” to make it difficult for an individual to win a case for personal injuries in court. Tort reform is not an attempt to better reform our legal system, but to stop corporate America from being responsible for its negligent actions.
Susan’s belief was that a documentary film was the best way to educate the public about this issue. Her film dealt with the following issues:
1. Debunking the myth that the verdict in the McDonald’s coffee case was an injustice. Instead, she re-introduced the facts of the case. That McDonald’s heated their coffee to a temperature that was hotter than anybody else’s coffee in an attempt to make more profits.
2. Showing how a Mississippi Supreme Court judge who upheld the rights of consumers over corporations was falsely accused of criminal charges by the United States Attorney General’s Office. These charges were trumped up, and only brought so that a pro-corporate candidate could be on the state’s Supreme Court.
3. Told the story of how caps on pain and suffering awards caused a family who won more than $5 million dollars to receive only $500,000. The family’s son was born with cerebral palsy as a result of the negligence of the delivering doctor. Because the state had a cap of $500,000 for pain and suffering, the family now has little money to care for their handicapped child.
4. Explained how corporate America is forcing all of us to sue companies in arbitration instead of allowing us to bring our case in a courtroom before a jury. Most of the contracts we sign including those with credit card companies, phone companies, the travel industry, etc., state that if we are harmed by them, we must go into arbitration. These arbitration panels are controlled by the corporations.
Susan told me that her next documentary film will deal with the issue of corporate money into our political system. That should be interesting. Steven Karp
LIMITED TORT STINKS – IT LIMITS YOUR RIGHTS AND IS NOT WORTH THE SAVINGS – 1/12/2012 Another reason why choosing limited tort stinks. A Pennsylvania court recently threw out an injured person’s claim for injuries determining that sprain and strain injuries to the neck and back along with a permanent nervous disorder caused by an auto accident did not qualify as an exception to the ban on suing. The injured person had been claiming that he had sustained a “serious injury” and should therefore be allowed to file a claim. The court held this not to be true. Don’t choose limited tort.
UM – YES UIM – NO? - 1/5/2012 I recently discovered that a client of mine who was seriously injured in a car accident in Parkesburg, Chester County, had no UIM coverage. Let me first explain that UIM coverage (underinsured motorist) comes into play when you’re injured in a car accident and the insurance policy of the defendant is not large enough to completely pay your damages. For example – if a jury gives plaintiff $100,000 for her injury, but the defendant driver has only $50,000 insurance coverage, what do you do? You would collect $50,000 from the defendant and then $50,000 from your own insurance company under your UIM coverage. UM (uninsured motorist) coverage takes place when the defendant driver has no insurance at all. Most every insured driver has both UM and UIM coverage. It makes no sense to have one and not the other. However, my client only had UM coverage and not UIM coverage. I do not understand how an insurance agent could sell that type of coverage. Insurance policies are confusing – insurance agents can be ignorant or down right deceitful. When you switch insurance companies or renew your policy, it might be a good idea to give the attorneys at Karp & Hart a call to make sure you have the right type of coverage. There is no charge for speaking to us, and we are happy to help you out. Steve Karp EMOTIONAL DISTRESS IS DISTINCT BODILY INJURY – 12/29/2011 A recent Pennsylvania Superior Court decision ruled that emotional distress is considered a “bodily injury” under an automobile insurance policy. Plaintiff witnessed a family member die in a car accident. Although the plaintiff sustained no physical damage, he did have emotional injuries that included knots in the stomach, nightmares, loss of sleep, and major depression. The court ruled, “These symptoms may not involve blunt trauma to muscle, tissue or bone, but our precedent recognizes them to reflect the significant physical or bodily toll severe emotional distress may take.” The prevailing law in Pennsylvania has been that emotional injuries are compensatory. This case was different in that the insurance company for the defendant attempted to carve out an exception to this type of claim. You may now see automobile insurance policies state clearly, “We don’t insure claims for emotional distress.” Steve Karp DOG BITE CASES ON THE RISE – 12.21.2011 According to the Federal Agency for Healthcare Research and Quality new studies have revealed that hospital admissions for dog bites have been on the rise over the last several years. The number of people admitted to the hospital due to dog bite injuries has increased 86% between 1993 and 2008. On average, 866 people visited the emergency room and 26 people were admitted to the hospital each day in the United States for treatment for dog bites in 2008. The Agency for Healthcare Research and Quality is a federal agency which studies these statistics in detail. Researchers have also determined that seniors and young children were the most likely people to be hospitalized for dog bite injuries and believe it or not, people living in rural areas made four times as many emergency room visits as those living in urban areas. I find this astonishing since rural areas have so many fewer people and therefore much less chance for contact between humans and dogs. Perhaps leash laws in urban areas have something to do with this. The research also shows that about 43% of people hospitalized required treatment for skin and underlying tissue infection which resulted from the bite. 22% had wounds in their legs and arms and over 10% had wounds of the head, neck and torso. Immediate medical treatment is called for if the animal breaks the skin. Another interesting statistics is that treating patients admitted for dog bites cost hospitals an average of $18,000.00 per patient or $54 million dollars per year! A place to be careful is the exam rooms for veterinarian offices and animal hospitals. Special steps should be taken to make sure animals moving in and out of these facilities do not have close contact with each other. This can create a dangerous condition. Check out your vets office waiting room before bringing your pet inside. Peter J. Hart CAN YOU STACK BENEFITS FOR YOUR MOTORCYCLE AND YOUR CAR? - 12/15/2011 If you have more than one car insured with the same insurance company in your household, you can stack both uninsured and underinsured coverage. Example – You’re in an accident with an uninsured driver. You have $50,000 worth of uninsured coverage with your insurance company. You have three cars in your household. You would be able to stack the three policies for a total of $150,000 in uninsured motorist coverage. But what if you also had a motorcycle which is insured with your auto insurance company? Could you stack the coverage on the motorcycle to get additional coverage? The answer is no – the recent Pennsylvania Supreme Court decision of GEICO v. Ayers upheld a Superior Court decision which excludes stacking of both motorcycle and auto policies. Six Justices voted; three in favor of allowing the motorcycle policy to be stacked and three against. When the vote of the Supreme Court is equal, then the decision of the Pennsylvania Superior court takes precedent. The Superior Court had upheld the exclusion denying the stacking. Steve Karp DELAY, DENY, DEFEND – 12/5/2011 Delay, deny, defend are the three things that insurance companies do best. It is also the name of a book written by one of my guests on our firm’s radio show, Legal Talk. As you know, Legal Talk is on WCHE AM and is heard every Tuesday afternoon from noon to 12:30. Jay Feinman is the author of Delay, Deny, Defend and is also a law professor at Rutgers University School of Law in Camden, New Jersey. The book talks about the reasons why insurance companies don’t pay claims and what you can do about it. Mr. Feinman points out that insurance companies are businesses, and businesses’ purpose is to make profits for its shareholders. To do so, the job of the insurance company is to fight any payment due to a victim of an automobile accident, homeowner’s claim, or any type of insurance dispute. First, they deny the claim and often times that works. The injured victim simply gives up. If an individual pursues the claim against an insurance company, their tactic is to delay the matter which keeps their money in the bank earning interest. Finally, if a lawsuit is started then they will hire lawyers to defend them in court. At Karp & Hart, P.C., our job as lawyers is to stop the insurance companies from delaying, denying and defending. It’s not always easy, but we do our best. With over 35 years of experience each, both Peter and I know all the tricks of the insurance companies. Steve Karp NURSING HOME NEGLIGENCE – 11/14/2011 Nursing home neglect is most often caused by inadequate staffing. In a nursing home, staff time is directly related to the ability to provide care. When staff levels drop, patients suffer from more pressure ulcers, urinary tract infections, poor skin care, poor feeding, and dehydration. When the nursing home is understaffed, the patients cannot receive the preventative services they need, making their condition more likely to decline. While there are rules and regulations requiring a facility to “have sufficient nursing staff to provide nursing relating services to attain or maintain the highest practical physical and mental well-being of each resident,” this regulation is often violated. Nursing homes, in their attempt to save money, often understaff. If you have a loved one in a nursing home, make sure you check their staffing levels with regulations, which can be provided by the state’s Nursing Home Licensing Board. Steve Karp CHILDREN AND BICYCLE HELMETS - 10/27/2011 Do you think a parent or guardian could be held responsible for injuries sustained to a minor (under age 18) who suffers head injuries in a bicycle accident when they are not wearing a bicycle helmet? Under Pennsylvania’s bicycle laws, minors must wear helmets. If say, you are taking your child or your neighbor’s eight year old daughter for a bicycle ride and either sustained a head injury from a fall while not wearing a helmet, then a very strong argument of negligence could be made against you by the lawyer representing the injured child. Parents and guardians have a duty under the law to take reasonable steps to protect children. A child riding without a helmet would be a violation of Pennsylvania law and could be classified as negligent per se. DRIVERS NEED ONLY CARRY $15,000 IN LIABILITY INSURANCE AND $5,000 IN BODILY INJURY COVERAGE – 10/20/2011 In Pennsylvania the Motor Vehicle Law requires that drivers need only carry bodily injury or liability insurance limits of $15,000/30,000. (The coverage that covers them if they hurt someone else) and $5,000 in medical bill coverage to pay for their own injuries. As a consequence, if you are seriously injured by a negligent or careless driver who has a minimal policy, you may be unable to collect more than $15,000.00 from his or her insurance company. This has been the law since 1991. The trial lawyers have been fighting to have these limits raised for many years but the insurance companies have resisted. The law has not been changed to keep up with inflation and many injured people are therefore not able to recover full compensation. (But the insurance companies are raking in staggering profits). Peter J. Hart ALL PA DRIVERS SHOULD INCREASE THEIR CAR INSURANCE COVEAGE IMMEDIATELY – 10/5/2011 On June 28, 2011, Governor Corbett signed into law Act 17 which virtually eliminates joint and several liability in the Commonwealth of Pennsylvania. In brief, if two or more defendants are responsible for an injury to a plaintiff, and one of those defendants has no insurance or very little insurance, the person injured will not be compensated for the full amount of his injury. Let’s say you’re a passenger in a car which strikes another car in an intersection. A jury determines that both drivers are 50% at fault, and that your injuries are worth $100,000. Let’s say one of the drivers is uninsured. Under the old law, you would be able to recover the full amount of $100,000 from the driver who was insured. Under the new law, you would only be able to recover $50,000 from that driver. We, therefore, recommend to all our clients that you should review your insurance policies immediately to make sure that you have the full amount of uninsured (UM) and underinsured (UIM) coverage. If you have any questions, please call our office. Stephen Karp WHAT DO YOU DO IF YOUR DOCTOR RESTRICTS YOUR RIGHT TO SUE HIM? – 9/14/2011 Some doctor’s offices ask their patients to sign agreements to the effect that if they have a medical malpractice claim, they agree not to sue the doctor in court but to go into arbitration. Of course, the arbitration panel has doctors on it. The courts have not yet decided whether these arbitration agreements are valid. I wonder if those same doctors would give up their right to sue if they were boarding an airplane or driving their own car on the highway. Steve Karp NURSING HOME ABUSE IS AN EPIDEMIC – 8/31/2011 A report by the Centers for Medicare and Medicaid Services found that at least 91% of nursing homes have been cited for health and safety deficiencies. Yet those who suffer neglect and abuse may never make it to court. In the largest nursing home chains, as many as 75% of new patients are forced to sign contracts which include arbitration clauses. This means that if they are abused or neglected and suffer injuries, that they must go to arbitration where the deck is stacked. While trial groups around the country are fighting for senior citizen’s legal rights, the politicians will not enact legislation to stop these arbitration clauses. EVEN DOCTORS ARE VICTIMS OF MEDICAL MALPRACTICE – 8/24/2011 In South Carolina, a 58 year old orthopedic surgeon, underwent double knee replacement at his own hospital. He died the next day. His family claimed that he had been given excessive amounts of medication, and had not been monitored properly. The hospital claimed that the doctor suffered from an undetected heart problem. Even though a jury returned a $30 million dollar verdict, the trial judge overturned it and a new trial was ordered. The parties ultimately reached a $2.2 million dollar settlement. Moral of the story – if you’re having double knee replacement, go to the best hospital around – not necessarily the hospital where you work. Steve Karp LACK OF ADEQUATE DRUG WARNINGS – GENERIC DRUGS V. BRAND NAME DRUGS – 8/17/2011 In a recent 5 to 4 decision, the United States Supreme Court ruled that generic-drug makers cannot be sued if they fail to warn people of dangerous side effects as long as their labels follow the brand-name counterparts. This ruling makes little sense since if a brand-name drug fails to properly warn a person, they can be sued but not in the case of a generic drug. Therefore, whether or not you can sue over a failure to warn issue depends on whether the pharmacist gives you a brand name or a generic drug. This ruling makes little sense and, of course, is another major victory for the pharmaceutical industry. The Supreme Court along with other conservative courts in this country continue to rule in favor of corporations v. people. Steve Karp WHEN A DOG HAS NO NEED FOR “DOG BITE” INSURANCE - 8/10/2011 When our firm handles a dog bite case, we have to make sure that the owner of the dog has homeowner’s insurance or rental insurance in order that any damage award can be paid. After all, most dogs do not have a trust account. Notice I didn’t say all dogs. Let me tell you about one dog who doesn’t have to rely on homeowner’s insurance if he bites someone. In 2007, Leona Helmsley left $12 million dollars to her dog, Trouble. (He’d be guilty just because of his name.) Although the following year, Trouble’s inheritance was reduced to $2 million dollars from $12 million dollars after a court determined that Helmsley was mentally unfit when she made her Will. Still, $2 million dollars would be enough to pay most dog bite awards. And remember – if you’re going to get bitten by a dog, make sure you don’t stay away from Trouble. Steve Karp BIG BROTHER RIDES WITH YOU TO SAVE YOU MONEY ON INSURANCE RATES AND THE MOST DANGEROUS TIME TO DRIVE YOUR MOTOR VEHICLE – 7/28/2011 Statistics show that more car accidents occur at night and on weekends. You already knew that, right? However, did you know about tracking devices? I read an interesting article in the Philadelphia Inquirer captioned “Tracking Driving To Save.” In it, Progressive Insurance offers its policyholders an optional and voluntary device which, when attached to your vehicle, monitors your driving habits. If the policyholder is willing to use the system, they can receive up to a thirty-percent discount on their insurance rates if it shows they are a good driver. The tracking device monitors the times of the day or night the vehicle is driven; the speed at which the vehicle is driven; the places where the vehicle travels and rapid acceleration and breaking patterns. It was very interesting to learn that there is a higher risk of accidents on weekdays between 3:00 p.m. and 6:00 p.m. (rush hour) and 9:00 p.m. to Midnight. However, the most dangerous time to be on the road is between 12:00 a.m. and 4:00 a.m. no matter whether it is a weekday or a weekend. I suppose, if you are out at 4:00 a.m., you are either a newspaper delivery person, drunk as a skunk, up to no good or an insomniac. Peter J. Hart
DOES YOUR CAR ACCIDENT DIE WITH YOU? – 7/19/2011 Clients often ask me what will happen to their lawsuit from their injuries in a car accident should they die. Litigation can sometimes take years, and during that time, people can die from causes unrelated to the car accident. The answer is that even if the client dies, the litigation lives on. The Executor or Administrator will be the named party to the lawsuit, and the deceased’s claims for medical bills, wage loss, pain and suffering, etc., will continue. The case can be settled, and even if it proceeds to trial, a claim for the deceased’s injuries and damages while they were alive can be made. Of course, the damages will be less than if the injured party had continued to live with the lifetime of pain and suffering. Stephen Karp CAN I AFFORD THE BEST PERSONAL INJURY LAWYER? – 7/12/2011 Peter and I believe that we are two of the best personal injury lawyers practicing in Chester County and that our law firm is the best personal injury law firm. Our belief is based on our experience (each of us has over 35 years), our results in settling cases and in the court room, and the fact that Karp & Hart is the only law firm in Chester County to limit its practice to only personal injury law. Yet we do not charge our clients any more money than any other personal injury lawyer with less experience. Most lawyers who practice personal injury law charge the same contingency fee – anywhere from 33.3% to 40%. You’re paying the same contingency fee for an experienced lawyer as you do for an inexperienced lawyer, or one who does not handle accident cases full time. Since you’re paying the same amount of money if your case is settled or won at trial, why not go with the best personal injury lawyer who gives you the greatest chance of success. A top notch divorce lawyer can charge $500 to $700 an hour. An inexperienced divorce lawyer would probably charge about $200 an hour. If you have an accident case, there is no hourly rate. Since you’re paying the same for every personal injury lawyer, consider who you want to represent you. Steve Karp SLEEPING AIR TRAFFIC CONTROLLERS ARE NO DIFFERENT THAN SLEEPING TRUCK DRIVERS – BOTH CAN CAUSE CATASTROPHIC ACCIDENTS – 7/7/2011 I read an article recently in the Philadelphia Inquirer which can be found at www.philly.com regarding air traffic controllers sleeping on the job and how employees in many other industries suffer from the same problem. The article acknowledged that this was a known but often ignored hazard. Sleep study experts interviewed for the article were quick to point out that it has been common knowledge in all industries for many years that people who work the night or the swing shift have great difficulty concentrating and staying awake. This holds true in the trucking industry and when motor vehicle collisions are caused by sleeping drivers, they can result in devastating physical injuries to innocent motorists. If you have ever driven on the interstate at night, you will notice that it is loaded with eighteen wheelers racing along the highway. Drivers find it easier to get from point A to point B at night since there is less traffic. However, if a truck driver whose sleep cycle has been used to daylight driving, has to change his or her sleep routine over a short period, or drives for too many hours without rest, it can cause significant physiological problems for the body. One of the scariest parts of the Philadelphia Inquirer article according to John Charles Czeisler, Chief of Sleep Medicine at a well known Boston hospital, is sleep apnea. He stated that truck drivers should be screened for sleep apnea, a common breathing problem that can develop with just about anybody but especially with obese people. They estimate that 250,000 people in the United States, doze off while driving every day. The studies undertaken by him and others in the profession have shown clearly that sleep-deprived drivers are just as impaired as someone with enough alcohol in their blood to be considered drunk. If you drive for a living – especially long distances – and find yourself dozing off either during the day or the evening, you should visit your doctor to determine whether or not you suffer from sleep apnea. I have reviewed two cases in Chester County, Pennsylvania where it was thought that the offending driver had fallen asleep at the wheel. Sleep apnea is also prevalent among snorers and people who sleep on their back. As one falls into a deep sleep, the muscles in the throat, neck, jaw and tongue relax backward and begin to close off the sleeper’s airway. The sleeper is oftentimes unaware that this is occurring. As the body becomes deprived of oxygen due to the poor respiration, adrenalin shoots through the body. This adrenalin causes the person to come out of a deep sleep in order to gasp for air. The process then starts over again. The sleeper usually does not wake up or know this has happened. As a result, people who think they are getting a full night’s sleep, may, in reality, be only getting much less of sound sleep due to constantly waking up. This prevents the sleeper from getting a deep and recuperative sleep. Peter J. Hart PUNITIVE DAMAGES – 6/28/2011 My clients often ask me after they are injured whether they can recover punitive damages. Money that is normally able to be recovered for injuries caused by somebody else’s carelessness is what we call compensatory damages. It is meant to pay back an injured victim for their actual losses. It covers items such as lost wages, medical bills, pain and suffering and disfigurement. The amount is determined by a jury based on what it believes to be a fair and reasonable amount of money for the actual losses suffered. Punitive damages on the other hand, are meant to send a message to the defendant that bad behavior will not be tolerated in society. For a person to be hit with a punitive damages award, they must either have had an evil motive or have shown reckless indifference in their actions which led to the injuries. The rare times that we file such a claim is when it involves a drunk driving accident. Peter Hart WHAT SHOULD YOU DO IF THE DEFENDANT’S INSURANCE COMPANY CALLS YOU OR MAKES A VISIT TO YOUR HOME? – 6/21/2011 Let’s say you’ve been rear ended in a car accident. It’s not unusual for the insurance company of the driver who hit you to want to contact you. Often they will call you on the phone or send a representative to your home. Why are they doing this and what should you do? The defendant’s insurance company wants to speak to you before you retain a lawyer. They want to get a statement about the accident and find out about your injuries before you have legal representation. Often times, they will confuse you about the events of the accident or your injuries, and want to get a statement on the record early in the case. They will also try to make an offer to settle the case while you are still treating and are not aware the extent of your injuries. What should you do? The answer is easy – don’t speak to them about the facts of the accident or your injuries. Call your lawyer or retain a lawyer as soon as you can. You can talk to the other party’s insurance company about the damage to your car so that they can pay for it, but often times that will lead to questions about the cause of the accident itself. If you’ve in an accident and you’re injured, it’s best to seek legal representation sooner rather than later. Steve Karp NAME YOUR PRICE CAR INSURANCE – 6/6/2011 I saw an ad for car insurance recently in which one of the big insurance companies said “name your price.” A consumer handed over a sheet of paper to the insurance representative and the number written on it was $99. This of course was to make you feel that you could buy complete car insurance for $99 or that you could just name your price. Where haven’t we heard that before – how about when you buy a car – you walk into the show room and the dealer says “so how much do you want to spend for this car” – if you give them a high figure, then they’ll sell you the car for that – if you give them a normal figure, they go – oh, that’s too high – my reply is always – then why did you ask. In the TV commercials, every car insurance company will see you insurance for less than the other insurance companies – of course this is factually impossible. The point of the story is – anyone can reduce your car insurance rates if you reduce your coverage – do not do this – then tell the story with all the cases coming in that are limited tort. Steve Karp FREQUENTLY ASKED QUESTIONS ABOUT CAR INSURANCE IN CHESTER COUNTY – 6/1/2011 1. Should I take “limited tort” or “full tort” coverage? In order to protect you and your family if you’re in a car accident, you should always select “full tort” coverage. This means that you can collect damages for pain and suffering even if you or a family member are in another person’s vehicle. If you have “limited tort” coverage, then you will only be able to sue for pain and suffering if you have suffered a serious injury. Although there is no definite definition of serious in the Pennsylvania Motor Vehicle Code, a serious injury means one that results in death, severe disfigurement, or a long time impairment. Although full tort coverage costs a few hundred dollars more a year, it is well worth the cost. We had a client recently who sustained a back and neck injury from a rear end collision. He was out of work for two months and went to doctors and physical therapists for eight months. A year after the accident, he was still not able to resume his full normal activities. This would not be considered a serious injury and, therefore, we could not take the case. That individual lost thousands of dollars because he did not select full tort coverage. 2. Should you select stacking? You should always select stacking. The reason is that stacking coverage is extremely cheap. It may be no more than $25 a year. Stacking allows you to recover uninsured and underinsured motorist benefits for each car in your household. Example – You have three cars in your household with $100,000 of underinsured motorist coverage on each car. A driver who has no insurance (about 30% of the population), hits you and you sustain devastating injuries. Your case is worth over $300,000. If you had stacking, you would be able to stack each of the policies for a total of $300,000. If you did not have stacking, then you could collect only $100,000. By paying an extra few dollars to have stacking coverage, you have saved $200,000. 3. How much medical coverage should you have? Every person in Pennsylvania that has car insurance has a minimum of $5,000 for medical benefits. This is paid whether the accident is your fault or another driver’s fault. You can select more coverage. If you have a good health plan, then you do not have to take more than $5,000, since your healthcare provider would pay any medical bills over $5,000. However, if you have no health insurance or your plan has a high deductible, then you may raise your medical benefits to any increment up to $100,000. Also, you may consider taking excess medical coverage that kicks in after $100,000. Speak to your insurance broker about that. Stephen Karp TEENAGE DRIVERS CAN CAUSE SERIOUS AUTOMOBILE ACCIDENTS – 5/23/2011 I had a case in Oxford, Chester County, Pennsylvania last year where a 16 year old boy driving at night ran off the road and struck a pedestrian causing only minor injuries. Had the young man traveled a little further off the road, he would have killed the pedestrian. The young boy stated that it was only his second time driving at night. On March 1, 2011 the Chester County Daily Local News reported that a Pennsylvania lawmaker has proposed a bill which would update teen driver laws. From the number of cases that I handle for young drivers between the ages of 16 and 24 this is a great idea. Legislators suggest that updating Pennsylvania’s graduated driver licensing law would be a big help. A similar Bill was introduced expanding the training requirements before teenagers could take a test for their license. Specifically increasing behind – the – wheel training from the current 50 hours to 65 hours before obtaining a full license. Add to this the benefit that ten of those hours must be night driving and five during inclement weather and you are now training better young drivers. The same House Bill would also limit the number of teenager passengers to one in a vehicle for teenagers between the ages of 16 ½ and 18 who holds a junior license. I also noted that a AAA study which I reviewed showed the chances of a 16 year old dying in a car crash increased by 39% with one teen passenger in the car; 86% with two teenage passengers and 180% with three or more teenagers in the car! The experts have been saying for years that the greatest chance of crashing occurs in the first six months after a driver is licensed and that driver inexperience and distractions are two of the greatest risks. Unfortunately, Pennsylvania legislature is the same legislature that cannot manager to pass a Bill restricting the use of handheld cell phones while driving. This is why these Bills I have mentioned are still having a hard time being made in to law in Harrisburg. This is also why we at Karp and Hart strongly urge you to contact your State Legislator to voice your opinion on the topic. Be aware that physicians, transportation safety experts and the legal community support these proposals and urge the legislature to protect teenagers be voting yes. You can contact your Legislator by going online at www.house.state.pa.us/ and www.pasenate.gov. Peter J. Hart LET’S DO A PENNSYLVANIA MEDICAL MALPRACTICE LITIGATION REALITY CHECK – SHALL WE? - 5/4/2011 Many in the health and insurance industries and some politicians would have you believe that medical malpractice lawsuits are totally out of control, mostly frivolous and are causing the destruction of our economy. It is totally bogus. Let me provide you with some statistics based on a recent review of Pennsylvania Supreme Court documents. Total patient safety “adverse events” in Pennsylvania have increased 45 percent from 2005 – 2009. These are mistakes made by medical providers. “Serious” patient safety events in Pennsylvania increased 22 percent from 2005 – 2009. These are serious adverse mistakes.
The bottom line is that since 2005, insurance profits from premiums (not including profits from investment income earned by them) was $1.5 Billion Dollars. We here at Karp and Hart law offices ask you to please study the facts and object loudly when your Legislator attempts to curtail your jury trial rights to recover if you, a relative or a friend are injured due to medical negligence based on the bogus argument that there are too many costly frivolous lawsuits being filed. Peter J. Hart
IF YOU ARE IN AN AUTOMOBILE ACCIDENT WHILE TRANSPORTING PASSENGERS ARE THEY ENTITLED TO MEDICAL COVERAGE UNDER YOUR POLICY? - 4/28/2011 One of my law students recently asked a thought provoking question. Although he understood the medical coverage that he carried under the medical payments portion of his policy was available to pay for his reasonable and necessary medical expenses, he wondered whether his insurance company would pay additional medical bills over $5,000 for others who were injured in his car. Assuming that he had purchased $5,000 in first party (or medical) coverage and was injured, his carrier would pay up to $5,000 for all accident related medical bills for him, no matter who’s fault the accident. If there were other resident relatives who were covered by the policy in the car and, perhaps a person who did not own a motor vehicle, there would also be a maximum of $5,000 available for each of those persons. For example, assume you were driving your spouse, two children and friend’s fourteen year old daughter. Assume everyone was injured and the medical bills incurred by each were over $5,000, there would be $25,000 in total medical coverage paid by your insurance company. However, be aware that if there was a passenger riding in the same vehicle who owned a motor vehicle which was registered with the State but not insured, then coverage would not be given to that person. Peter J. Hart WHERE SHOULD I HAVE MY OPERATION? - 4/21/2011 Many of our clients that come to us after they’ve been involved in an automobile accident, slip and fall injury, dog bite, or injuries from medical malpractice, often need operations. They usually ask us – “Where should I go for my operation?” While we are not doctors, we’ve had enough experience with the hospitals in Chester County located in Jennersville, Coatesville, West Chester and Paoli, to realize that there is a difference between a suburban hospital and a teaching hospital in Philadelphia. While we never tell a client where they should go for surgery, we do strongly suggest that they get a second opinion. We also suggest that they at least consider getting that second opinion in one of the top hospitals in Philadelphia. While it may not be convenient to go into Philadelphia, the doctors at a large teaching hospital are, for the most part, better trained. Many of our clients who live in Southern Chester County have gone to Johns Hopkins Hospital for their operations. Steve Karp WHAT KIND OF DOCTOR SHOULD YOU SEE IF YOU’VE BEEN IN A CAR ACCIDENT? 4/14/2011 Not every person injured in a car accident needs an orthopedic surgeon to treat them. If you’re injury is limited to neck or back muscle strain or sprain, then an orthopedic doctor is not going to do you a lot of good. For these types of injuries, the best treatment is physical therapy, chiropractic treatment, acupuncture and/or medication. This treatment will allow the body to reduce inflammation and keep your body from non-use. An orthopedic surgeon or a neurosurgeon is required if you have a fracture of a body part or a herniated disc. Orthopedic doctors may send you to a pain management doctor before performing surgery. Pain management doctors give injections and blocks which may also reduce the symptoms. Anytime you’ve been injured in a car accident, you can first consult with your family doctor and ask that he or she refer your for these types of treatments. It is not wise to simply go to the family doctor and rest for a few weeks. These other types of treatment at the initial stage of the injury may help you get over the injury quicker. At Karp & Hart, we do not normally refer you to any specific doctor, but since we know most of the physicians in areas such as West Chester, Coatesville, Parkesburg, Thorndale, Oxford, Exton and Honey Brook, we are always there to assist you in selecting the proper type of doctor to treat your injury. Steve Karp AUTO DEATHS DECREASE – 4/7/2011 The National Board of Traffic Safety recently reported that auto deaths in the United States have decreased. Why? Three reasons are given: 1. Newer cars are made safer – they have more safety features and better protect the driver and passengers in a front end collision. 2. Better road engineering – newer highways incorporate safety features that were not available in the past. 3. The number of drunk drivers has decreased – with better education and law enforcement, less people are driving while intoxicated. While the number of driving fatalities has decreased, there are still too many. Drunk driving deaths should be reduced to nominal numbers. At Karp & Hart, we still meet with too many family members who have lost loved ones in an automobile accident. Steve Karp NOT ALL MEDICAL MALPRACTICE CASES ARE WORTH PURSUING – 4/1/11 The old adage that there is no such thing as a good lawsuit unless it is your own, still applies today. I cannot begin to count the number of times per week that I receive telephone call inquiries concerning medical malpractice cases where the caller does not, within the first couple of minutes, put in a disclaimer by stating that, “I am not the suing kind, however…….” What they are trying to tell me is that they basically don’t believe in other people’s lawsuits (and as a consequence if they sat on a jury on another person’s lawsuit, they would probably not give an award) but are willing to make an exception for themselves. The public has been conditioned by the constant bombardment of big business and insurance companies advertising that it is sleazy, immoral or wrong to bring a claim against someone else or an insurance company just because they’ve been hurt by someone else’s carelessness. This, no matter how bad they’ve been hurt. I don’t mean to diminish the pain, despair, anger and desire for justice that victims of medical malpractice suffer. However, because of years of insurance company brainwashing, they don’t quite see it when it comes to other people. I assume that what the caller was trying to tell me was that they would not call me on a small or insignificant matter like other people would, but to them this is a very big event. However, oftentimes to a jury it is not a big event and the injuries are not significant enough to warrant a prosecution of a medical malpractice claim. Again, due to insurance company propaganda meant to make you think asserting your rights is wrong. You must understand that at least eight-five percent of all medical negligence cases, no matter how good they are, are won by healthcare providers. Jurors tend to bend over backwards to give healthcare providers the benefit of the doubt. That stacks the deck immediately against most plaintiffs. Add to that the actual dollar cost of prosecuting such a case and it makes it even harder. Most medical malpractice cases require out of pocket costs of anywhere between $15,000 and $50,000. This does not even include the amount of time an attorney will put in to a case getting ready for trial. That can exceed two hundred hours depending on the complexity of the case. Therefore, unless the surgeon is high on cocaine and cut off the wrong leg, it is hard to win a malpractice case. I may be exaggerating a bit here, but considering these formidable obstacles, plaintiffs attorneys who specialize in medical malpractice in Chester County and the Philadelphia metropolitan region are very careful about the cases they accept. If there is no recovery, they would be out of pocket substantial dollars and have wasted many hours of their time. This is why contingency cases are screened very carefully. The recovery and any award going to the lawyer is contingent upon a successful result. This means that not only must the negligence be clear for the most part but the damages must be significant. I recognize that a person who spends a week in a hospital due to a physician’s error is extremely distraught, upset and angry. They deserve to be. However, in the overall scheme of things, a week’s worth of pain, suffering and inconvenience is not considered by most jurors to be of great significance. The take away lesson here is that even if you are injured and the doctor clearly was in the wrong, it does not necessarily mean that it would be a case that would be taken on by experienced medical malpractice attorney. Peter J. Hart PENNSYLVANIA AUTO CRASHES INCREASE THIS YEAR – LIKELY DUE TO CELL PHONE USE. (From the Pennsylvania Association for Justice) – 3/23/2011 Deaths in crashes on Pennsylvania roads rose in 2010, but 2009 numbers were the lowest since 1943, according to PennDOT. “The bottom line is, safe driving really comes down to each and every one of us,” said PennDOT spokesman Steve Chizmar. “Driving is a very, very serious job, and it deserves our full attention. Drivers need to put down the cell phone, stop texting and devote their full attention to the road.” PAUL CHAPLIN, The Patriot-News reported this month, a dump truck carrying 24 tons of rock salt overturned on Interstate 81 South between the Progress Ave and Cameron Street exits, trapping a car underneath the wreckage and killing one person. Distracted driver numbers could be undercounted, since they include only accidents where either the driver or a witness reports the distracted driving to police, Chizmar said. Statewide, fatal crashes involving 16- and 17-year-olds rose significantly as did bicycle fatalities. Last year, 524 unbuckled people died in crashes, up from 451 in 2009. The seat-belt use rate in Pennsylvania was 86 percent last year. Highway deaths are much lower than 20 and 40 years ago. In 1970, there were 2,255 fatalities, compared with 1,324 last year. Types of Fatal Accidents on Pennsylvania Roads
Peter J. Hart STATUTE OF LIMITATIONS – 3/17/2011 Generally, under Pennsylvania law, there is a two year statute of limitations which requires you to file suit within two years from the occurrence of the negligence. There are, however, certain exceptions. One common exception is in medical malpractices where the person who is injured does not learn of the negligence until some time later. In such cases, the law provides that the statute of limitations begins to run when the plaintiff either knew, or acting as a reasonable person, should have known of the existence of an injury and its cause. Consider that a surgeon leaves a sponge in someone’s stomach which is not discovered until several years after the accident and which results in injury. The statute of limitations would then begin when the person learns that the sponge was there. Another exception would be if someone including an insurance adjuster, representing the opposing side, fraudulently concealed information concerning the true date of the occurrence, that would also be an exception to the running of statute of limitations. Peter J. Hart HERNIATED DISCS FROM CAR ACCIDENT – 3/10/2011 Discs in your neck and back act as nature’s shock absorbers. A disc is a jelly-like substance between each of your vertebrae which acts as a cushion so the vertebrae do not come in contact with each other. The force of a car accident can cause a disc to herniate or rupture. When this happens, a portion of the disc can come in contact with the spinal cord causing severe pain. Sometimes surgery is required to remove the disc from impinging on the spinal cord. The surgeon will remove the disc, put in a bone graft to refill the space, and secure it with plates and screws. We’ve had many clients over the years who have undergone this type of surgery. In order to show the procedure to the jury, we have blown up exhibits detailing each step of the surgery. Steve Karp ROAD BLOCKS ON CLAIMING FROM YOUR INSURANCE COVERAGE – 2/28/2011 While handling an automobile accident case in Coatesville, Pennsylvania I ran up against the same road blocks many clients run into when dealing with their auto insurance company. My client was struck by a vehicle while delivering packages for a well known delivery company. As she was returning to her truck, she was knocked to the ground by a speeding vehicle and sustained a fractured shoulder and a head injury. She was out of work for over for six months and unable to fully return to her normal activities. She continues to suffer from memory problems and has a partial hearing loss. I filed a claim against the driver’s insurance company and, after fighting for almost a year, they finally agreed to pay their policy limit. However, this limit was rather meager and my client was forced to look elsewhere to determine if there was coverage. Under Pennsylvania law, the first place to look is at the underinsured motorist coverage, if any, covering the vehicle that my client was operating. The next step would be to determine if there was underinsured coverage on my client’s personal vehicle. The purpose of the law is to help people who have been seriously injured like my client. The reality, however, is that the insurance companies can write into their policies all types of exclusions and restrictions which let them off the hook and may hurt the policy holder. In this case, although the trucking company possessed underinsured motorist coverage for such a risk for their employees (many companies don’t!), they claimed that my client was not entitled to coverage since she was not “in” or “on” the company vehicle at the time of the impact. The second insult to my client came when her own insurance company denied coverage claiming that there was an exclusion in their policy that relieved them from making any underinsured payments since she was operating another vehicle for a “fee”. They denied this all important coverage claiming that since she was working for the delivery company, she was, in essence, receiving a fee. Courts interpret contracts strictly and, whether you like it or not, you are responsible for reading and understanding its terms. If the language is clear and unambiguous, it will be upheld. In this case, I was lucky because the car crash occurred in Pennsylvania, and was therefore controlled by Pennsylvania’s Automobile Law which specifically states that underinsured coverage does apply if someone is injured during the “maintenance and use” of a automobile if: There is a causal connection between the injury and the use of the insured vehicle; The person asserting coverage is in reasonably close geographic proximity to the insured vehicle, even if the person is not actually touching the vehicle; The person is vehicle oriented rather than highway or sidewalk oriented at the time of the accident and; The person is engaged in a transaction essential to the use of the vehicle at the time. Further, the court’s have also held that when a person is driving a motor vehicle for a fee, such as a pizza delivery man or a taxi driver, they could be excluded from making an underinsured claim under their own policy. However, there are several lower courts in Pennsylvania, that have held that when somebody is working for a salary, they are not driving a vehicle for a “fee”. You must be very careful to read your policy when you choose auto coverage to ensure that it covers your needs. Peter J. Hart
DON’T FORGET TO CLEAR THE SNOW OFF THE ROOF OF YOUR VEHICLE – 2/17/2011 This driving tip and a legal tip may someday save somebody’s life. Under Pennsylvania motor vehicle law, drivers have a duty to ensure that objects do not fall or fly from their motor vehicles as they are driving. I think we would all agree that if a driver placed plywood in the bed of his truck without having secured it and it flew out while he was driving, he would be responsible for injuries to other motorists. Are you aware, however, that in Pennsylvania, drivers are also responsible to keep their cars free from ice and snow? You may be late for work one morning and didn’t have time to clean off the roof of your car and as you are driving down the highway, ice and snow from your roof blows off and strikes the vehicle behind you, you will be responsible for any resulting injuries. I recently reviewed a case in Kennett Square, Pennsylvania where this occurred. It was the morning rush hour after a heavy snow storm. My client was following a person northbound on route 1 through Kennett Square when the car in front hit a bump and a large chunk of ice flew off the roof and directly into the windshield of my client. My client lost control of his car, ran off the road and struck a pole. He sustained serious and permanent injuries. These types of automobile accidents can be avoided. You should always make sure your car is clean before driving anywhere. Peter J. Hart DRINKING AND DRIVING – WATCH HOW MUCH YOU DRINK! – 12/22/2010 Pennsylvania drivers are allowed to drink and drive. It is only illegal when a driver exceeds the legal blood alcohol limit of .08. (approximately four drinks within an hour). But be aware that even if you only had one or two drinks but are also taking prescription medications that warn against consuming alcohol, then you could still be arrested for driving under the influence. The interaction of the alcohol and the drugs could very well make you incapable of safe driving – a crime whether you knew the drugs would cause such a reaction or not. Caution: Check your prescriptions carefully. Peter J. Hart, Esquire WILL MY CASE BE SETTLED OR WILL I HAVE TO GO TO TRIAL? – 12/2/2010 Whether or not a case settles may deal with several factors. If the liability issue is difficult, then the insurance company may not be willing to settle the case. In those cases in which the injuries are catastrophic, the insurance company be also be reluctant to pay out a large settlement as opposed to taking its chances with a jury trial. At Karp & Hart, we prepare each client’s case as if it is going to trial. In that way, we are ready if the case does not settle. Also our preparation allows us to force the insurance company into the best settlement possible. Steve Karp, Esquire RAISE THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO $30,000/60,000 – 11/14/2010 Are you aware that Pennsylvania’s motor vehicle liability limits are ancient; much too low and pose a potential catastrophe for you if you are injured by another person? Ever since the Motor Vehicle Financial Responsibility Act was passed in 1991 on the pretense that it was going to save Pennsylvania drivers money by reducing their premium costs, drivers have been short changed. Drivers in Pennsylvania need only carry a minimal of $15,000 bodily injury coverage to cover an automobile accident which is their fault. These low limits were first established in 1974 and have never once been adjusted for inflation. This coverage is barely enough to pay for an ambulance ride to the hospital; you can forget about the helicopter trip and don’t even think about any recovery for your pain and suffering, work loss or disfigurement, no matter how bad. This is why it is so important (as we tell our clients at every opportunity) to have underinsured and uninsured coverage on your own policy to cover situations where the bad guy doesn’t have any coverage or not enough to cover your injuries. The Pennsylvania Trial Lawyers have been fighting for you for years to try and raise these rates to $30,000.00. Trial Lawyers advise that the positive effects of such a Bill would be to: 1. Permit you to purchase higher limits of underinsured and uninsured coverage to protect yourself against that guy or gal who runs into you and who has either no insurance or not enough. 2. More monies would be made available to pay your out-of-pocket expenses such as medical bills and lost wages. 3. Permit the injured innocent victim to be compensated for pain and suffering as opposed to being uncompensated when the wrong doer has only minimal coverage. Remember, just because you live in West Chester, Coatesville, Parkesburg, Malvern or Philadelphia, as long as you are licensed in Pennsylvania, you may not be fully compensated if you become involved in an accident with an uninsured driver or one with only $15,000 in coverage. Please write to your Legislator and demand that they raise the minimum liability rates to $30,000 and please purchase as much uninsured and underinsured coverage as your pocket book permits. Peter J. Hart, Esquire WILL FACEBOOK AND TWITTER HARM YOUR PERSONAL INJURY CASE – 10/28/2010 In the age of social networks like Facebook and Twitter, we tend to give too much personal information online. How might it affect your lawsuit? Let’s say you’ve been injured in a car accident or tripped over a negligent condition in a sidewalk. Your typical injuries may include neck or back strain and sprain, or even a herniated disc. You’ve just taken a deposition in your case and explained to the insurance company lawyer that your injuries restrict your normal activities and job performance. I |
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Karp and Hart is a law firm that limits its practice to personal injury and medical malpractice cases. We serve our clients in Philadelphia area locations including West Chester, King of Prussia, Honey Brook, Coatesville, Thorndale, Downingtown, Lionville, Exton, Frazer, Malvern, Paoli, Phoenixville, Devon, Berwyn, West Goshen, Chadds Ford, Kennett Square, Avondale, West Grove, Oxford, Parkesburg, Chester Springs, Coventry and the Main Line. We take most injury and malpractice cases and have worked to serve victims of car accidents, medical malpractice, surgical errors, motorcycle accidents, and more.
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