Why Limited Tort Coverage on Your Auto Insurance Policy May Cost You in the Long Run

By glmain on March 22, 2012 in Insurance Claims

Please note that this is not legal advice. See our disclaimer.

If you are on a tight budget, you may look at your auto insurance policy, seeking ways to minimize the costs of obtaining the protection you need. Your insurance agent may suggest that you opt for “limited tort coverage,” telling you that it can provide substantial reductions in your premiums. Before you make such a decision, however, you want to know what you have to lose by choosing limited tort coverage.

What Is Limited Tort Coverage?

A tort is a wrong that someone commits against you for which you can typically seek compensation. The damages that you can obtain in a personal injury claim typically include lost wages and income, medical expenses, loss of companionship or consortium, loss of enjoyment of life, and physical pain and suffering. A typical “limited tort coverage” provision in an insurance policy allows you to recover only for actual monetary losses, unless you can show that the injury was “serious.” The types of losses reimbursable under “limited tort coverage” typically only include lost income, medical expenses and damage to your vehicle.

Under Pennsylvania law, a serious injury is limited to one that “results in death, serious impairment of bodily function or permanent serious disfigurement.” Studies show that, more often than not, judges and juries find that injuries do not qualify as “serious.” As a result, many people who opted for limited tort coverage in an effort to save dollars in the short term ended up losing far more than they saved because of their inability to recover compensation for all their losses.

If reducing your premiums is essential, there are other ways to achieve this without sacrificing your right to recover for long-term pain and suffering, or for other noneconomic losses. For example, you can increase your deductibles. This may lead to a greater current expense if you have an accident, but it will be a single expense. You won’t have to give up the compensation you should have received for years of pain and suffering.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of personal injury experience. Our attorneys work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Hurt on Vacation or Business? Where Can You File a Lawsuit?

By glmain on January 30, 2012 in Personal Injury

Please note that this is not legal advice. See our disclaimer.

When you have grounds to file a lawsuit, you may have the option of filing in any one of a number of jurisdictions. The rules that govern where you may file a lawsuit are known as “venue” and “jurisdiction” rules. This blog post addresses just some of the many venue and jurisdiction rules in Pennsylvania and New Jersey for personal injury lawsuits. Though the federal courts may have jurisdiction over a personal injury claim, this blog post addresses only those circumstances where legal action is filed in the state courts.

The laws regarding venue and jurisdiction can be complex, and filing your action in the wrong place can lead to a waiver of your rights and prevent you from recovery. Always consult with your attorney before choosing where to file.

Venue in Pennsylvania

In Pennsylvania, venue is proper in all lawsuits against an individual or business “in and only in a county in which the principal or local office of the commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose” (See Sec. 8523 of the Pennsylvania Statutes and Consolidated Statutes). In laymen’s terms, this means that you may only file suit against a business in the county where the company’s principal or local office is located, or in a county where the accident occurred. In a lawsuit against a person for injuries sustained, you must file in the county where the injury occurred or in which an action took place that led to the injury.

Venue in New Jersey

Under New Jersey law, you may file a personal injury lawsuit “in the county where the cause of action arose, or in which any party to the action resides at the time of its commencement” (See New Jersey Rule 4.3-2). For purposes of the venue rules, corporations are deemed to reside in any county where its registered office is located or in which it is actually doing business.

There are instances where courts will allow a change of venue based on the convenience of the parties involved, a process known as forum non conveniens. For example, if most of the witnesses are in the place where the accident occurred, a defendant can request that the case be tried in that venue, rather than somewhere where the defendant simply does business.

Even if you pick a proper venue, the court still may not have jurisdiction over the other parties. This is a frequent occurrence where a resident of one state is injured while traveling in another state. You must always look at both jurisdiction and venue before pursuing a claim.

Contact Hornstine, Pelloni & Hornstine, LLC

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Avoid Needless Injury during the Holidays

By glmain on December 30, 2011 in Personal Injury

Please note that this is not legal advice. See our disclaimer .

If you are like most of us, you still have a million things to do to get ready for New Years. There are decorations to buy, and food to pick up. As you hurry to finish all the tasks necessary, you can become more susceptible to personal injury, with your focus on the next item on your list, and not on the negligent or careless acts of others. You might be driving through a parking lot at the mall and fail to see the ice on the pavement. You may come out of a store and not notice the slippery steps or sidewalk. The distractions that come with holiday preparations, combined with the weather conditions that are typical at during the winter, require that you take precautions to minimize your risk of injury.

Always dress appropriately—You can’t rely on store owners to properly clean off sidewalks, steps, stairways or parking lots. Your safety is more important than a fashion statement. If it’s snowy or icy out, put on a good pair of boots, something that will help you get traction in slippery conditions.
Slow down—If you push yourself too much and get hurt, you can be assured that you won’t get all your tasks done. Take the time to be safe.
Break down your list—Don’t try to do everything in one day. Your focus will be better if you divide the list over a number of days.

If you have already suffered an injury in a parking lot or at a store, you want to take immediate steps to protect your interests:

Get the medical treatment you need—Go to the hospital, if necessary, or schedule to see your personal physician as soon as possible. Make certain that all expenses and all injuries get fully documented.
Take a picture of the conditions at the time of the accident—If you have a camera on your phone, snap some shots of the scene of the accident. Try to get clear pictures of ice or snow, as well as pictures of any property damage (such as vehicle damage).
Get the names and phone numbers of any potential witnesses—If someone saw your accident, ask them to provide contact information.
Contact an experienced personal injury lawyer

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

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Sports Injuries Suffered at School – School Liability

By glmain on November 8, 2011 in Personal Injury, Premises Liability

Please note that this is not legal advice. See our disclaimer.

When your children participate in athletic activities at school, there is an assumption that those activities involve some risk of injury. Nonetheless, school officials have certain responsibilities to act in ways that minimize your child’s risk of injury.

As a general rule, schools and school officials must act in a reasonable manner when organizing and administering sports or athletic activities. Practices must be conducted in such a way as to reasonably minimize risk of injury. A wide range of factors can play into what is reasonable regarding practice, including:

The length and frequency of practice—If it can be shown that an injury likely occurred because athletes were not given proper opportunity to rest and recover, or conversely, that athletes were placed in potentially dangerous situations without adequate conditioning, you may be able to seek damages.
Whether or not athletes engaged in warm-up activities prior to practice
Weather conditions at the time of practice
Whether school officials provided adequate supervision during an athletic activity
Whether the equipment or facilities used during an athletic activity were in proper working condition, or were reasonably designed to minimize the risk of injury—This can include damaged floors or uneven playing surfaces, as well as improperly placed mats or damaged or broken equipment, including cracked baseball bats.
The level of experience of persons injured in school sports activities—Placing inexperienced students in competition against highly experienced athletes can increase the risk of injury, particularly in contact sports.

In most instances involving injuries sustained in school sports, the assumption of risk defense effectively defeats the injury claim. However, where it can be shown that the school, or coaches or other school officials were negligent, you may be able to recover for injuries sustained.

Contact the Law Offices of Horstine, Pelloni & Hornstine, LLC

At Horstine, Pelloni & Hornstine, LLC, we have decades of personal injury experience. We work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at215-568-4968 (in New Jersey at 609-523-2222).

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How to Prove Personal Injuries that are not Visible through Medical Testing

By glmain on October 4, 2011 in Personal Injury

Please note that this is not legal advice. See our disclaimer.

When you have been injured by the carelessness or negligence of another person, many of your injuries may be easily determined, either through visual screenings or by medical testing. In many contexts, though, there are additional injuries that do not show up on x-rays or MRIs, or that cannot be established by a simple procedure or test. What can you do in those situations so that you can seek compensation for all your losses?

One of the most effective ways to establish proof of an injury not visible by medical testing is to use the assessment of a doctor or medical professional. Much like a detective, a doctor can ask a series of questions, and deduce certain conclusions. In certain circumstances, it may be necessary to retain an expert, someone who has gathered substantial data on different types of injuries, who can testify regarding the types of outcomes that have been documented by others who have suffered the same injury you have.

In general, though, making “invisible” injuries visible can only be obtained from hard work, considerable preparation, and sound presentation. All types of factors must be addressed, including emotional changes, as well as physical or cognitive deficits. When seeking to establish proof of these types of losses, an attorney must often spend a fair amount of time helping juries and judges understand complex medical issues, such as the structure of the brain, or the way the central nervous system works. Often, what is most compelling is a comparison of the way the injury victim lives each day now, as opposed to how they lived before, with attention given to every detail. This can include an examination of such issues as:

Is the person more prone to fatigue, irritability, depression or other conditions than before?
How do others observe the differences the injured person exhibits after the accident?

Only an experienced law firm is able to determine the best type of evidence for your individual case.

Contact the Law Offices of Horstine, Pelloni & Hornstine, LLC

At Horstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of individuals in Pennsylvania and New Jersey. We take an aggressive approach, using our knowledge, skill, experience and resources to help you get the outcome you want. We offer a free initial consultation in every case. For a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Damages After Hurricane Irene

By glmain on August 29, 2011 in Insurance Claims

Please note that this is not legal advice. See our disclaimer.

Hurricane Irene has now run its course over the Eastern seaboard of the United States. It will take weeks, if not months, to establish the damage from the storm. Usually after a disaster, property owners reflect upon the type and amount of insurance that covered their valuables. Unfortunately, too many homeowners and business owners failed to properly prepare. Even with insurance, the insured should be proactive in preparing for a disaster rather than being reactive after the loss. Billions of dollars of insured losses will not be paid by reason of the insured’s failure to follow a simple procedure to base their claim with their insurance company. Remember, the insurance company is not necessarily your friend. The insurance claim must substantiate the loss with concrete proof.

At Hornstine, Pelloni & Hornstine, LLC we represent the insured against insurance companies who fail to equitably pay for property losses. As noted by Lou Hornstine, “far too many times, our law firm has found that our clients could not supply us with basic information that would have greatly assisted us in representing them. For example, the insured should always update a complete inventory of all of their furniture, furnishings, fixtures, personalty, and valuables. Photos of all of the insured’s possessions is a must. What is even better is a video of the home or business. It is difficult for the insurance company to argue against this form of proof.”

Additionally, the insured should meet annually with their insurance agent to make sure that they are properly covered. From Hurricane Irene, the insured should have learned that flood insurance may be worthwhile even if you are not close to water. Lou Hornstine added, ” your insurance company will use every effort and potential exclusion to avoid paying. Make sure that all types of damages are adequately covered.”

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Personal Injuries in the Summer

By glmain on July 26, 2011 in Personal Injury

Please note that this is not legal advice. See our disclaimer.

It’s summer…vacation time. You will probably be outside more than usual and you might be traveling more than normal, which can put you at greater risk of personal injury. With so many people on the roads rushing to the cabin, the beach or some other vacation spot, the chances of a motor vehicle accident increase dramatically. In addition, summer is the optimal time for wet or slippery floors, whether at a pool or in a convenience or grocery store. You can prepare all you want, but still find yourself the victim of someone else’s careless or negligent act. It is important that you take the right steps in the aftermath of an accident, so that you can protect your interests and get full and fair compensation for all your losses.

If you are involved in a motor vehicle accident, the first and most important thing to do is verify whether anyone needs an ambulance or emergency medical technician. If anyone is hurt, always call 911 immediately. Once the EMTs have been contacted, you should also call the police, so that you can get a report on file. You should also gather the other driver’s personal information, including phone number, address and insurance provider.

When you have gathered all necessary information, and have provided all relevant information to the police, you should either go to the hospital or an emergency medical clinic, or schedule an appointment with your primary care physician. You should schedule your appointment as soon as possible, so that you get a full medical report that includes all potential consequences of the accident. You can never have too much documentation.

Though you may consider contacting your insurance provider next, you may want to call a lawyer first. Your insurer has a vested interest in minimizing the amount they pay to you. You may unwittingly make statements to your insurance carrier that they will use to diminish, delay or deny your claim.

If you are hurt on someone else’s property, in a slip and fall or as the result of any other kind of negligence, you want to get as much documentation as possible regarding how the accident occurred. If there are witnesses, you will want to get their names, addresses and phone numbers. You can ask to file an incident report with the store, and can call the police, if necessary. It is also critical that you immediately seek medical treatment for any injuries, and that your doctor fully documents all treatment you receive.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey, including victims of personal injury. We provide a free initial consultation in all family law matters. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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