After an injury, you may have a number of questions about what you should do next. Who will pay for the medical expenses? Will I have to file a claim? What happens if the insurance company doesn't want to pay? Should I hire a lawyer to handle my case? After you consider the issues below, you may want to contact an attorney to fight for you, to make sure you get the compensation you deserve.
What to do after you get injured in Philadelphia will depend on the specific nature of your injury. It may depend on the seriousness of the injury, who was involved, and where the injury occurred. Some of the most common injuries include car accidents, on the job injuries, slip and fall injuries, and injuries involving hired transportation. However, every case is different. You should consider a free consultation with an experienced personal injury attorney to evaluate your specific case.
On the Job Injuries
Thousands of people are injured on the job in Philadelphia every year. These can range from minor injuries to life-threatening accidents. The majority of workplace injuries involve slip and falls, chemical exposure, vehicle accidents, repetitive stress injuries, or workplace violence. After an employee is injured on the job, they may be unsure what to do next in order to make sure they receive proper medical treatment and get compensated for the time they are out of work.
Many workplace injuries are handled through the Pennsylvania Workers' Compensation system. Almost all employees are covered by the system, which is intended to cover your medical expenses, and provide lost wages benefits for the time you are unable to work. Workers' compensation can also be used to pay out death benefits to the family of someone who was killed on the job. Unfortunately, many people experience denied claims and lengthy delays when dealing with the workers' compensation program.
A denied claim can leave you with expensive medical bills, and no paycheck to support your family. If your claim is denied, you have to file a claim petition with the Bureau of Workers' Compensation to request a hearing. If you were injured on the job, you may want to consider speaking with an experienced personal injury attorney to make sure you receive the full benefits that you are entitled to under the law.
Injury on Hired Transportation
Hired transportation injuries are common for people living in the Philadelphia area. Hired transportation includes many modes of transportation, including buses, trains, trolley lines, SEPTA, taxi cabs, limos, and even Uber or Lyft rideshares. Hired transportation is also referred to as a “common carrier.” Many residents use these modes of transportation to get in and around the city, relying on the hired transit company for safety. Unfortunately, due to accidents, driver negligence, or poor maintenance, many people are injured every year on hired transportation.
Common carrier injuries are unique because the operators owe passengers and the public a higher standard of care. The common carrier, whether a government entity or private company, may be liable to passengers for negligence. Additionally, through the doctrine of respondeat superior, the company may be liable for the negligence of their employees. This means that an injured passenger can seek damages for their injuries from the company, even if the employee doesn't have enough money to cover the injuries.
There are some issues to consider when dealing with an injury on hired transportation. In many cases, hired transportation injuries involve a state or government entity, such as SEPTA. Claims against the government have a notice requirement. The injured individual has to file a notice of claim within 6 months for claims against the city of Philadelphia, the county, or the Commonwealth of Pennsylvania. If you don't file the claim in time, your claim may be denied.
What Happens if I'm Injured as a Guest?
If your injury occurred while you were on someone else's property, the property owner may be liable for your injuries. Property owners owe a duty of care to people who come onto their property. The kind of duty owed depends on the relationship between the individual and the property owner. In most cases, the individual injured may be considered either an invitee or a social guest.
An invitee is someone who is invited onto the property by the owner for the purpose of business dealings. This could include going to the grocery store to go shopping, visiting a haunted house on Halloween, or going to a restaurant for a meal. The property owner has to keep the property safe for invitees, including reasonable inspection of the premises to make sure there are no hidden dangers. They also have to warn an invitee of hazardous conditions. If the individual is injured on the property, they may be able to file a claim against the business owner to recover damages.
A social guest, or licensee, is usually given license to enter the property for some purpose. For example, if someone is hosting a Super Bowl Party then the people they invite may be considered licensees. The property owner owes a social guest a duty to make sure the condition of the property does not pose an unreasonable risk of harm. If the social guest is injured while on the property, the property owner may be liable for damages.
Car Accident Injury
One of the most common causes of injury involves car accidents. Car accident injuries are also unique because they often involve multiple insurance companies. Drivers in Pennsylvania are required to have a minimum level of automobile insurance. Drivers can select from a no-fault insurance plan or a more traditional insurance plan.
When a driver with no-fault insurance is involved in an accident, they will generally recover damages through their own insurance company. Additionally, they will be protected from claims against them from the other drivers. A driver with traditional insurance may seek damages from another driver, unless that driver has a no-fault policy. However, there may always be situations where a driver may still seek to recover damages through filing a lawsuit.
It is important to remember that most insurance companies have an interest in saving money, and will try and get away with paying out as little as they can. Even your own insurance company may not have your best interests at heart. Before accepting any settlement or signing any waivers, you should consider talking to an attorney who will make sure you are getting the full compensation you deserve. Your personal injury attorney can deal with the insurance companies so that you can get back to moving on with your life.
When a Loved One is Injured
As difficult as it may be to deal with an injury, it can be even harder when a loved one is injured. Watching a child, spouse, parent, or dear friend suffer an injury can be painful, especially when the person who caused the injury is not willing to take responsibility for their actions. This can make recovery even more difficult, dealing with medical bills, insurance companies, all while trying to maintain your normal day-to-day responsibilities.
The stress of the situation may make you want to give up, and it may seem easier to accept whatever settlement is offered. However, it is important to make sure your loved one is fully compensated for their injuries. An injury can cause significant pain and suffering, in addition to requiring medical treatment, therapy, medications and surgery. Your loved one should not have to pay the price of the injury. Instead, the person responsible should be held accountable.
If you contact an experienced attorney to handle the personal injury case, they will step in to make sure your loved is taken care of. Your attorney will file any necessary claims, deal with the insurance company, and get your loved one the compensation they deserve. This will allow you to give your loved one with the care, comfort, and support that they need in this difficult time.
Who Will Cover the Initial Medical Expenses?
Many people are concerned with the pressing issue of who will cover the initial medical expenses after an injury. Medical treatment can be extremely expensive, even with insurance. According to one study, unpaid medical bills are the number one cause of bankruptcy filings in the U.S. The high cost of health care may cause some people to avoid getting treatment, in an attempt to save money. However, this may lead to longer term health problems and delay recovery.
In addition to expensive medical care, an injury may cause an individual to miss out on work. Without a paycheck, the injured individual may not even have the money to pay for medical care. This is why it is so important to make sure the individuals responsible for the injury pay all medical expenses, in addition to damages for lost wages.
Unfortunately, the answer to who will cover your initial medical expenses will depend on your specific case. This can depend on where the injury occurred, who was involved, and if insurance companies are involved. For example, if you are injured on the job, workers' compensation is supposed to pay your medical expenses. If you have medical insurance, your insurance company may pay the cost of your treatment. If you were involved in a car accident, and you have no-fault insurance coverage, then your own insurance company may cover your expenses.
However, in any of these cases, the insurance company may decide to deny your claim. It may be difficult to fight with the insurance company while you are trying to focus on getting better. If you contact a personal injury attorney, they will be able to deal with the insurance company, to make sure your claim is covered, including payment for all your medical expenses.
Should I Talk to the Insurance Company?
After an injury, you may get a letter or a phone call from an insurance representative. Before you talk to them, make sure you understand who they represent. The insurance company representative may seem friendly and empathetic to your situation, but they have a financial interest in saving the company money. They may be trying to get you to say something that they can later use to justify denying your claim.
Even if the insurance company is asking seemingly innocent questions, it may be a calculated attempt to gather evidence to use against you. The insurance company may also try and get you to take a quick settlement offer, claiming it is the most they can offer, and you only have a limited time to accept the offer. However, you should be wary of any quick or low settlement offers. They may be trying to avoid liability for what may be a much more expensive case. This is why you should let your attorney talk to the insurance company. Your personal injury attorney will fight for you to make sure you will fully be compensated for your injuries.
Do I Have a Case?
First and foremost, you may wonder if you even have a case or not. There are many factors that go into determining whether you have a case. Most personal injury cases are based on the theory of negligence. Under the law, individuals owe a duty of care to others. If they breach this duty, which causes injury to another, then they may be liable for any damages.
The duty owed depends on the relationship between the plaintiff and the defendant. In general, the duty is what a reasonable person would do in a similar situation. Causation may be determined based on whether it was a “but-for” cause of the injury, and whether the harm was a foreseeable result of the breach. If the individual was injured as a result, the defendant may be liable for any damages caused, including pain and suffering and loss of enjoyment.
In addition to negligence cases, other personal injury cases may have more specific causes of action. This includes medical malpractice for medical injuries, strict liability involving product defect injuries and dog bite injuries, no-fault insurance claim coverage, and class action lawsuits involving multiple plaintiffs. You should consider contacting a personal injury attorney for a free consultation, to get a better idea of whether you have a case, and what you can recover for your injuries.
Should I File a Claim?
Even if you have a claim, you may still not be sure if you should file a claim for your injuries. Many people think that their case may not be worth much, or they cannot afford a lawyer. However, your case may be worth more than you think. Additionally, in many personal injury cases, you can have access to professional legal representation without paying any upfront costs.
If you were injured, the cost of your damages is not limited to the medical bills you get in the mail. If you were unable to work for a period of time, you may recover for those lost wages, as well as for the loss of any future earning capacity. In addition to economic damages, there may be non-economic damages for pain and suffering caused by your injuries and even for the loss of consortium suffered by a spouse.
You should never have to worry about seeking justice because a lawyer costs too much. In most personal injury cases, your attorney may accept your case on a contingency agreement. This means that you pay no upfront costs. Your attorney may only get paid if you win your case. They will front the costs of litigation, and only take a percentage of the award you ultimately receive. This can help to ensure that everyone has access to the legal system, so they are not taken advantage of by the insurance companies, and big corporations.
If you are still unsure of whether you should file a claim, consider seeking out a free consultation from your personal injury attorney. They can help you determine whether you have a case, and if you should file a claim, all at no cost to you.
Philadelphia Personal Injury Attorneys
If you have been injured in Philadelphia the law firm of Gilman & Bedigian is here to help. Our attorneys have years of experience dealing with personal injury and medical malpractice cases in Pennsylvania. We will file your lawsuit in the proper court, do an in-depth investigation into your case, and fight for your rights to make sure you get the compensation you deserve. We will zealously advocate for you throughout the legal process. Please do not hesitate to contact us today for a free consultation.