May 20, 2012

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Protecting Your Rights When Injured by an Uninsured Driver

May 18, 2012 By Leave a Comment

When you are involved in a motor vehicle accident, one of the first places you tend to look for compensation for your injuries is the insurance company of the person who caused the accident. But what are your options when the person who hit you is uninsured, if they only have coverage for damage to their vehicle, or if they don’t have enough coverage to fully compensate you for all your losses. This blog post looks at your options when you have been injured by an uninsured or underinsured driver.

If you have been injured in any type of motor vehicle accident, the attorneys at the Law Offices of John E. Kusturiss, Jr, can help. Contact our office or call us at610-565-0240 for a free initial consultation.

Look at Your Own Insurance Policy

Though many people are unaware, most insurers offer coverage in the event you are hurt in an accident caused by an uninsured or underinsured driver. This type of coverage, known as “uninsured or under-insured motorists coverage (UM/UIM),” is generally not automatic, however. It typically comes as an additional “rider” on your policy, with an additional premium. If you have such a rider, however, you can look to your own insurance company to provide compensation if the other driver lacks insurance or has insufficient insurance to cover your losses.

You can file suit directly against the person who caused you harm, but they may not have assets sufficient to cover your losses.

Look at Other Potential Defendants

In many auto accidents, there are factors other than just the negligence of the other driver that can contribute to your injuries. There may be defects in the other driver’s car (either design or manufacturing defects), allowing you to seek compensation in a product liability claim. There may have been potholes or other roadway defects that contributed to the cause of the accident. An experienced lawyer can help you identify and bring in all potential defendants, so that you can pursue full and fair compensation for all your losses.

Contact the Law Offices of John E. Kusturiss, Jr.

Let us put more than 30 years of experience to work for you.  To arrange a private meeting with an experienced Pennsylvania personal injury attorney, contact us online or call us at 610-565-0240. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

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To Stack or not to Stack…that is the question?

May 11, 2012 By Leave a Comment

When you’re involved in an accident, having sufficient car insurance coverage makes all the difference.   When an uninsured or underinsured motorist crashes into your car, whether your insurance policies are “stacked” may determine whether you are able to fully recover.   “Stacking” is defined as the right of an insured to take coverage for each vehicle for which a separate premium has been paid as a cumulative benefit.   More simply put, if you own more than one vehicle you want to stack (collect the coverage for all your vehicles) your uninsured or underinsured insurance coverage so if you or your family member is involved an auto accident you can receive the benefits under each separate policy until you receive full payment for your injuries and property damage.

For example, you own three cars with 100/300 thousand dollar underinsured motorist coverage.  By electing stacking, if you are involved in an automobile accident you can collect on all three cars giving you coverage of up to 300/900 thousand dollars.  Assuming that the person who caused the accident had minimal coverage of 15/30 thousand dollars and you were seriously hurt, being able to stack your coverage will enable you to more fully recover for your injuries.

When determining how much insurance coverage you need, a general rule is that your uninsured/ underinsured liability coverage should equal your liability coverage.  Liability coverage is the insurance you carry that protects those you may injure in an accident.  Uninsured/underinsured coverage is the insurance coverage you have to protect yourself and I always tell people that you should insure yourself for what you are insuring the world.

If you have been in an accident contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today for a free consultation.  Mr. Kusturiss has been practicing for more than thirty years and has the experience you need to get the result you want!

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Who pays the bills after an accident?

May 7, 2012 By Leave a Comment

If you or someone you love has been involved in an automobile accident you probably have a million worries running through your head.  What will be the extent of the injuries; Will I recover; How much time from work will I miss; Who is going to be responsible for all of the bills?

First and most importantly get to the hospital and/or your Family Doctor and get checked out!  Do not ignore any injuries and hope that they will get better on their own… get to a health care provider and get them checked out.

Next, contact your insurance carrier to put them on notice that the accident occurred.

Most importantly contact an attorney!  Your attorney will make sure the the proper paperwork is in place to enable you to recover your medical bills and wage loss which are paid by your automobile insurance company.   If you do not own a car there are other rules that apply to get these bills paid.  Your attorney will know what they are.   Your attorney will also make sure that the insurance carrier for the striking vehicle is put on notice thereby enabling you to collect for your pain and suffering as well as any other expenses the accident has caused.

It can not be stressed enough that hiring the right attorney early on can make all the difference in a personal injury claim.  Don’t put your life in the hands of just anymore – contact an Experienced Attorney at the Law Office of John E. Kusturiss, Jr., P.L.L.C. today!

Filed Under: Auto Accidents Tagged With: , , , , , ,

When You Have Been Hurt in a Public Transportation Accident

April 30, 2012 By Leave a Comment

When you are injured in a motor vehicle accident, the typical course of action involves seeking reimbursement from insurance companies for covered losses, as well as a personal injury lawsuit to recover damages. The action in court tends to be pretty straightforward. Your lawyer will identify and name as defendants all potentially responsible parties, including the other driver, the manufacturer of the vehicle (if the accident was caused by a vehicle defect), or even the person who served the other driver alcoholic beverages, if you were injured by a drunk driver.

However, when you are hurt in a public transportation accident—on a bus, a light rail, subway car or commuter train—everything changes. This is because you must now file a claim against a governmental entity. Governmental bodies don’t have the same liability as individuals. When you file a claim against a city, county or state, there are very specific rules you must follow, placing limits on how long you have to file a claim, as well as how you can seek compensation for your losses. In most instances, a municipality will aggressively defend a claim for personal injury suffered in a public transportation accident. To protect your rights, you need an experienced lawyer.

The Causes of Public Transportation Accidents

The principal causes of injury in public transportation accidents are:

  • Operator error—This can be the result of simple negligence, where the driver of a bus or train fails to use the proper standard of care. The driver may be talking on the phone or with passengers, instead of watching the road. The driver may operate the vehicle at unsafe speeds, or fail to properly monitor the roads for traffic.
  • Negligence in the maintenance of a bus or train—Public transportation vehicles get continual use, and must be maintained and serviced on a regular basis. Routine maintenance checks may be missed, or agencies may try to stretch out maintenance schedules in an effort to minimize costs.
  • Negligence in the management of work schedules or employees—Bus or train operators may be required to work too many hours without a break, or may have to work overtime, if there are staff shortages. The lack of proper rest can easily lead to carelessness and injury.

Contact the Law Offices of John E. Kusturiss, Jr.

Let us put more than 30 years of experience to work for you. We provide a free initial consultation to every client. To arrange a private meeting with an experienced Media, Pennsylvania personal injury attorney, contact us online or call us at 610-565-0240. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Filed Under: Auto Accidents Tagged With: , , , , , ,

Unsafe Road Design-Often a Factor in Fatal Motor Vehicle Accidents

March 30, 2012 By Leave a Comment

In most motor vehicle accidents, the negligence of one of the drivers is the sole or primary cause of the crash. However, there are circumstances where poor, unsafe or negligent road design is a contributing factor. Unfortunately, many times these accidents lead to death on the highways and roadways. This blog post identifies the situations where you may have a claim for compensation because of unsafe road design. If you or a loved one has been injured in a motor vehicle accident, you want an experienced lawyer to protect your interests.

Circumstances Involving Unsafe Road Design

Poor road design can include:

  • Curves or bends in the road that are too severe or that are improperly banked, causing drivers to cut the corner or lose control of the vehicle. This can result in deadly motor vehicle accidents caused by head-on collisions or rollovers.
  • Exit or entrance ramps that are either too short or have turns that are too severe
  • Interchanges that require rapid lane changing in high speed traffic
  • Roads that are too narrow to accommodate traffic or that have inadequate shoulders or emergency areas
  • Roads that have long stretches of unchanging direction, leading drivers to drift or lose concentration
  • Roads that fail to account for congestion or the volume of traffic at all times of the day
  • Roads that do not allow for pedestrian or bicyclist safety
  • Roads that are made of materials or are constructed in ways that cause the roadbed to unreasonably deteriorate
  • Roads that accumulate water or ice and pose significant danger of loss of control of a vehicle
  • Roads that have blind corners or where your line of sight is impeded by trees, buildings or other objects

When your loved one has died in an accident caused by defective road design, there are a number of potential parties that can be held responsible. You can file suit against the Pennsylvania Department of Transportation, as well as any municipality that had responsibility for the construction of a roadway. You can also take legal action against road construction companies, designers and engineers.

In a wrongful death case in Pennsylvania, you can seek damages for a wide range of losses, including:

  • Medical bills and funeral/burial expenses
  • Loss of support from the decedent
  • Loss of any pension or retirement benefits the deceased would have been entitled to
  • Loss of companionship

Contact Our Office

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We offer a free initial consultation to victims of personal injury. To arrange a private meeting with an experienced Pennsylvania personal injury lawyer, contact our office by e-mail or call us at 610-565-0240. We will meet with you evenings or weekends upon request. Visa, MasterCard and Discover are accepted, as well as debit cards.

Filed Under: Auto Accidents Tagged With: , , , , ,

Medical Mistakes….ways to protect yourself and loved ones!

March 16, 2012 By Leave a Comment

While Hospitals are capable of great medical feats, they are also plagued by daily errors that can cost human lives.  Why… because hospitals are staffed and run by human beings and human beings are not prefect.   So while to “err is Human,” many human errors can be prevented.

Patient Safety Advocate groups agree that patients can minimize their risk by keeping a close eye on their care.  Hospitals are busy places with a lot of moving parts,  so you need to come prepared.   Here are some ideas to help protect yourself or a loved one on your next hospital trip:

  • Bring an advocate – a friend or family member especially for check in and discharge.  If you don’t have a friend or family member available many hospitals have a patient advocate or staff person you can consult; or you can hire your own advocate.
  • Bring a notebook.  Write down all your medication, why you take them and who prescribed them.  Take the time to include the phone number of your pharmacy and key personal and medical contacts.  While in the hospital if and when questions arise write them down along with the answers you receive.
  • Bring a big bottle of sanitizer and put it by your bed to remind staff and visitors to keep their hands clean.  It is a dirty world out there and when you are in a weakened state the last thing your body needs is an infection.

While these ideas/suggestions can help protect you, they are not a guaranteed prevention from medical mistakes occurring.  Accidents sometimes happen despite our best efforts to prevent them.  If you or a loved find yourself the victim of a medical mistake contact the Law Office of John E. Kusturiss, Jr., P.L.L.C for a free consultation today.

 

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What to Do After an Accident:

February 14, 2012 By Leave a Comment

You can’t anticipate a crash, but you can protect yourself afterward.

Crash! According to some estimates, the odds of you being in a serious car accident in your lifetime are about one in four. You might be hit by a drunk driver, lose control on an icy road, or experience brake failure. Safe practices reduce your chances of a crash, but nothing can guarantee a safe trip. Have you thought about what to do if you are in a car or truck accident? It’s essential to have a plan. We suggest you print the following checklist, go through it with every member of your family, then keep a copy in your glove box with a pad of paper, pencil, insurance card, and registration.

Immediately after the accident

1. Take a breath and calm down. It is typical to be in a state of shock after an accident, but you need to think as clearly as possible.
2. Check to see if anyone in either vehicle needs emergency first aid. Be cautious about moving someone who may have suffered a neck or back injury.
3. Other than asking about injuries, do not discuss the accident with anyone but police. Do not admit fault. Do not argue if someone makes a false or angry statement. Just state facts.
4. Call 911 and describe your location and any injuries.
5. Get names and contact information from witnesses. Write down their accounts of the crash.
6. Get the name and insurance information of the driver of the other vehicle.
7. Find a camera—a cell phone is fine—and take pictures of damage to cars or property, injuries, skid marks, and any features that could have contributed to the crash (A tree branch concealing a sign? An icy patch? A flat tire or broken headlight?)
8. Write down your memories of events leading to the accident.
9. Some serious injuries aren’t obvious immediately. If you are confused, feel dizzy, feel back or head pain, or have any other symptoms, mention it to officers. If you have any doubt about your condition, ask for an ambulance when police, sheriff, or highway patrol officers arrive.
10. Do not sign anything for anyone but police, and not until you completely understand what it is. Ask for a copy of the police report.

Soon after

11. Begin a file with the information and pictures from the scene of the accident.
12. Report the accident to your auto insurance company, but do not discuss it further at that time. If there is property damage or any injury, consider talking to an accident attorney before making a statement to an insurance adjuster or any other person.
13. Get copies of the police report and any medical reports.
14. Make a list of any property lost or damaged

In the following weeks

15. If you were injured in the car accident, be very careful to follow all recommended treatment.
16. Continue to keep a file with a record of every phone call, medical bill, legal form, or related materials.

It is important that every member of your family know what to do after a car accident. You may not avoid a crash, but you can get the help you need to recover and protect yourself financially and legally.

Filed Under: Auto Accidents Tagged With: , , , , , ,

Pennsylvania Personal Injury – Limited Tort versus Full Tort Accident Coverage

January 4, 2012 By

Before you consult a Pennsylvania personal injury attorney about a potential personal injury claim you may want to check your auto insurance policy to determine if you had full or limited tort coverage at the time of the accident.

Pennsylvania insurance law requires insurance companies to offer clients a choice between full and limited tort coverage. Often consumers opt for limited tort coverage because it is less expensive—however, it may cost them in the long run should they ever become injured in an automobile accident.

Limited tort coverage means that if you are injured in a vehicular accident you may only be eligible to recover:

  • Medical bills
  • Lost wages
  • Vehicle repair costs
  • Other actual financial loss

By opting for limited tort coverage you are agreeing to give up your right to pursue personal injury damages such as pain and suffering.

Conversely, if you opt for full tort coverage you can file a claim for all your losses rather than just out of pocket expenses/costs, provided you were not at fault in the accident.

Therefore it is important to consider what rights you may be agreeing to forego in order to save a little money. It is a good idea to review your current policy to determine the extent of your coverage and upgrade to provide additional protection in the event of an accident. Even if you feel that your current limited tort coverage is sufficient you should consider that:

  • Anyone can become involved in a accident simply by being in the wrong time at the wrong place
  • Seemingly minor injuries can worsen and persist and require long term care
  • Long-term injuries greatly affect the quality of your life

Talk to an experienced Pennsylvania personal injury attorney

To discuss your personal injury matter, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 and schedule a free initial consultation today.  You may be giving up your right to sue for pain and suffering. Call and talk to us to find out if you are affected or you fit into one of the exceptions which would allow you to recover.

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