ErieInjury.com to Sponsor WICU Olympic Medal Count!

ErieInjury.com to Sponsor WICU’s 2018 Olympic Medal Count

2018 OlympicsWe at Bernard Stuczynski Barnett & Lager are proud to announce that we will be the official sponsors of WICU’s Erie News Now’s 2018 Olympic Medal Count! When you tune in to watch Erie News Now’s coverage of the 2018 Olympics, be on the lookout for our name!

As Erie’s Injury Attorneys, we are committed to providing excellent and local legal representation to the people of Erie and the rest of Northwestern Pennsylvania, into Smethport and Bradford. If you were injured and are in need of a lawyer, you don’t have to go to Pittsburgh to find a good lawyer anymore: we’re right here.

Also be on the lookout for our commercials, which will be airing throughout WICU’s coverage of the Olympic Games!

Can you Sue the EMTA for Injuries?

Can you sue the EMTA for Injuries after a Bus Accident?

Can you sue the EMTA?There is a common misconception among the people of Erie that the EMTA (Erie Metropolitan Transit Authority) cannot be sued for personal injuries after bus accidents because the EMTA is a “government entity.” This simply isn’t true. This misconception stems from a fundamental misunderstanding of “sovereign immunity” and Pennsylvania’s exceptions thereto. As will be explained in this article: Yes; you CAN sue the EMTA for injuries after a bus accident! However, there are limitations and requirements that must be met and you should hire an experienced car accident lawyer to help!

The doctrine of sovereign immunity is ancient and generally provides that you cannot sue a sovereign, such as a state or a local government, unless the state specifically waives its immunity. Under 42 Pa.C.S. § 8542, Pennsylvania waives its sovereign immunity for lawsuits arising out of motor vehicle collisions, like bus accidents, subject to a number of other conditions.

One important requirement is set forth under 42 Pa.C.S. § 5522, which generally requires a political subdivision to be put on notice of a lawsuit within six (6) months of the date of the incident. If this deadline is missed, an injured person may not be able to sue a government entity even though the statute of limitations in Pennsylvania for such injuries is normally two (2) years! As such, it’s important to hire a personal injury attorney as soon as possible after an accident!

Another important limitation that causes people to incorrectly think the EMTA cannot be sued is 42 Pa.C.S. § 8553, which places some significant limitations on damages that can be sought in a settlement or from a jury verdict against government entities. For example, one cannot recover for pain and suffering against the EMTA unless there is either a death involved or “in cases of permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses…are in excess of $ 1,500.” Unfortunately, this often precludes settlements when a person suffers “minor” injuries like whiplash. Our attorneys know how to help prove your injuries are permanent.

Call 814-452-6232 for a FREE Consultation!

Finally, when it comes to significant injuries, 42 Pa.C.S. § 8553 caps damages against government entities like the EMTA at $500,000.00. While this is more than many cases are worth, it places a significant limitation on people who have been killed or disabled as a result of the EMTA’s negligence. Unfortunately, these damage caps only hurt those have been injured the worst.

Our Erie Lawyers can help.

If you have been injured in a bus accident or are looking to make a claim against the EMTA, you should hire an experienced personal injury lawyer immediately to protect your rights and help build a case. Don’t let other lawyers tell you it cannot be done: it’s simply harder to do and requires the appropriate skill set. Our attorneys offer free consultations and only charge a fee if there’s a recovery. Call 814-452-6232 for an appointment today.

Will Car Insurance Pay for a Chiropractor?

Will Car Insurance Pay for a Chiropractor?

Whiplash Injury and ChiropractorsIf you have Pennsylvania Car Insurance and were injured in a car accident, under the Motor Vehicle Financial Responsibility Law (MVFRL), you’re insured for at least $5,000.00 of medical treatment coverage for your accident. Whether or not you have health insurance, you are entitled to have car-accident-related medical treatment paid for by your auto insurance. Additionally, you’re given the freedom to direct your medical care as you see fit. This includes going to a chiropractor for your injuries if you so choose.

Under Pennsylvania law, you have the right to see a chiropractor if you hurt your neck or back in a car accident.

Many people don’t realize that their Pennsylvania Auto Insurance covers chiropractic treatment. While some people like chiropractics and others don’t, the important part is that you have the freedom to choose for yourself. You don’t need a referral from a family doctor, either. You’re allowed to call a chiropractor of your own choosing and make an appointment at your own discretion.

How do I open a medical claim in Pennsylvania?

In Pennsylvania, opening a medical claim under your auto insurance is as easy as calling your insurance company and completing an Application for First-Party Benefits. This is a simple form that tells in the insurance company you were injured and require medical treatment. After (or even before) this form is sent in, you should be provided with a claim number you can give to any medical provider, including a chiropractor, to render medical treatment. Best of all, with Pennsylvania auto insurance, there are no co-pays! You should speak with a lawyer before filling this form out.

Call 814-452-6232 for a Free Consultation with an Auto Accident Lawyer!

Do I need a lawyer to have my medical bills paid?

Although you don’t need a lawyer to have your medical bills paid after a Pennsylvania car accident, if you were injured, you should consult with a Pennsylvania car accident lawyer before filling out any paperwork or speaking with the insurance company! There is too much to go wrong and there is too much at stake. Our personal injury law firm offers free consultations and doesn’t charge a fee without a recovery, which makes it easy for anyone to afford a lawyer. Call one of our lawyers today at 814-452-6232.

Social Security Beneficiaries get a Raise in 2018!

Social Security Beneficiaries get a raise in 2018!

Social Security AdministrationThere is finally good news on the horizon for those who rely on Social Security Benefits: The Social Security Administration has announced a 2% Cost-of-Living Adjustment (COLA) to take place in the beginning of 2018. This 2% raise will affect both Social Security and SSI recipients. Although this is the largest increase in Social Security benefits since 2012, it only comes out to about $25.00 per month for the average Social Security beneficiary.

For more information, take a look at the Social Security Administration’s cost-of-living adjustment website.

If you or a loved one is interested in apply for Social Security Disability or Supplemental Security Income (SSI), call our law firm for a free consultation.

 

Automobile Safety Over the Years

Automobile Safety Over the Years

Over the years, trial lawyers and personal injury lawyers have been instrumental to encouraging legislatures and automobile manufacturers into making safer cars. In fact, one of the most important functions of tort law in the United States is to encourage manufacturers into making safer products by creating a financial disincentive to releasing dangerous products. Because corporations tend to favor their shareholders more than the safety of their customers, the ongoing threat of multi-million-dollar lawsuits provides an economic incentive for releasing a safer product, even if a dangerous product is cheaper to manufacture and research.

In 1959, Automobile Insurance Carriers banded together and formed the Insurance Institute for Highway Safety (IIHS), a nonprofit organization that performs fantastic research to help make vehicles safer. While partly altruistic, the insurance companies funded this organization because they realize that safer cars equates to less money paid out in insurance claims to injured victims who hire attorneys to file suit for their injuries. Regardless of a reason, this is a great thing for everybody.

As personal injury attorneys, it’s inspiring to see the real-world effect that tort law and the resulting legislative changes have had on safety over the years. To celebrate their 50th Anniversary, the Insurance Institute for Highway Safety performed a crash test between a 2009 Chevy Malibu and a 1959 Chevrolet Bel Air. This test demonstrated how far cars have come:

The results of the above video are staggering. Even more staggering, perhaps, is the data. As can be seen in the graph below, the number of deaths per mile driven have steadily and dramatically dropped nearly every year since the invention of the automobile.

Annual US traffic fatalities per billion vehicle miles traveled (red) and miles traveled (blue) from 1921 to 2015.
Annual US traffic fatalities per billion vehicle miles traveled (red) and miles traveled (blue) from 1921 to 2015.

The fight for highway safety is far from over.

Unfortunately, even with safer cars, the fight for safety is far from over. Even with top-of-the-line safety mechanisms, we are from from eliminating “the human factor,” which remains responsible for a staggering number of deaths and injuries per year. When it’s your loved one in the car, even one death is too many.

Our Lawyers fight for car accident victims.

At Bernard Stuczynski Barnett & Lager, we continue the fight for safer vehicles and for safer drivers by protecting the innocent victims of car accidents caused by reckless and negligent drivers. We also take on the car manufacturers themselves when they create a dangerous vehicle. If you or a loved one has been hurt in a car accident, call one of our Pennsylvania Car Accident Lawyers for a free consultation. Because we understand lawyers can be expensive, we don’t charge a fee unless we obtain a recovery.

 

 

How do I settle a personal injury case on my own?

How do I settle a case on my own?

How to settle your own personal injury caseAs Pennsylvania personal injury and car accident lawyers, we often get asked how to settle a car accident case on your own, without a lawyer. While we strongly advise against representing yourself (remember the old maxim, “he who represents himself has a fool for a client”), in some limited circumstances you may not need a lawyer (although it’s always advisable to at least have a free consultation with one).

Subrogation and Liens on a Personal Injury Settlement

If you’re looking at settling a case safely, you need to be intimately familiar with Pennsylvania subrogation law and how liens against your settlement are treated. The last thing you want to do is settle your case for $X.XX and then have a health insurance company, the Department of Human Services, or even Medicare come back at you demanding you pay them $X.XX long after the settlement money is long gone! To understand this, you’ll need to research the laws, research statutory liens, research equitable liens, and research contractual subrogation rights you may have agreed to when accepting health insurance. Subrogation and liens are the #1 thing that people trying to settle their own cases—and even general-practice attorneys that are dabbling in personal injury law—mess up.

Know the full extent of your injuries and don’t settle too soon!

After an accident, insurance adjusters will typically call you a couple days later offering settlements of $1,000 or $2,000. Don’t accept any offers to settle your case that soon after an accident! While it may seem like a good deal (and might even be a good deal if you have minimal or no injuries), it’s simply too soon to know if your injuries are minimal. It’s all too common to not realize your injuries are serious until months, or even years, later! I’ve had a number of clients who have rejected $1,000 offers before realizing things were more severe, coming to my office, and proving damages of one hundred times their initial offer.

Watch the statute of limitations for your personal injury case

This piece of advice goes hand-in-hand with the “don’t settle too soon” advice: don’t settle too late, either! If you wait too long, your claims might be forever barred by the “statute of limitations,” which is a law that every state passes that puts a time limit on how long after an accident you can bring a claim. In Pennsylvania, you typically need to settle your case (or file a lawsuit) within two years from the date of the accident. There are, however, many exceptions and caveats to this rule (e.g. certain parts of minor’s claims). If you want to know what the statute of limitations is for your individual case, do NOT rely on this paragraph or anything you read online—you NEED to call a personal injury lawyer, given them your facts, and ask!

Call a personal injury lawyer for a free consultation

I don’t mean to sound too facetious here, but there is no way to write a complete guide on how to properly or safely settle your case without a lawyer, because that guide would entail going to law school and spending years practicing personal injury law in the jurisdiction where you claim arises. While some minor cases that only involve property damage or bumps and bruises might safely be settled without a lawyer, any case with significant injuries requires a lawyer (in my professional, legal opinion). I’m not just saying that because I’m a lawyer, either. If I were injured in a car accident, I’d call a lawyer myself (as I said earlier, “he who represents himself has a fool for a client”). As such, if you’re considering settling your case, give a personal injury attorney a call and at least sit down for a free consultation to make sure you’re doing things correctly. If you’re in Erie or Smethport, or anywhere in Western Pennsylvania, give me a call at 814-452-6232. I’m happy to discuss your case for free. If you are interested in hiring me, I don’t charge a fee without a recovery.

It’s worth noting that a good personal injury lawyer almost always ends up paying for himself or herself.

Car Accidents with No Police Report

Police Report for AccidentAfter a car accident in Pennsylvania, it’s extremely important to call the police and ask for an officer to be sent out to prepare a police report or an accident report. The police will come out, interview witnesses, assess damage, and will give you what’s referred to as a “crash receipt.” This receipt isn’t always the full report, but it can be used to obtain the full report after it is prepared back at the station.

Why Police Reports are Important after a car accident

Police reports are important after an accident for a number of reasons. To begin, police officers are impartial witnesses who are skilled at conducting investigations and forcing drivers to disclose their car insurance information. Often times, without the police, the other driver will refuse to disclose his or her insurance information, making it difficult to recoup your losses. It’s rare for people to refuse disclosing their insurance information to police.

Second, police officers will obtain and record statements and contact information from witnesses who may have seen the accident. Years later, if your case ends up in court, this information makes it much easier to find witnesses to testify as to what happened. Although the police report itself probably won’t be admissible, the witnesses will be able to testify directly as to what they heard and saw.

What if there is no police report for my accident?

If you have been injured in an accident without a police report, you need to call our Pennsylvania attorneys immediately. Our office will work to gather the evidence and information that the police normally would have gotten had they been there to draft a police report. It’s important that we act fast, as evidence tends to disappear as time goes on. Additionally, witnesses become harder to find and at-fault drivers tend to move without leaving a trace of insurance information or even  forwarding addresses.

After a hit-and-run, your insurance probably requires you to call the police

Not only is calling the police to get an accident report a good idea, sometimes your insurance requires it! For example, after a hit-and-run, most Pennsylvania auto insurance policies require you to call the police and make a report as soon as possible after the accident. The police will then come out and document that you’ve been the victim of a hit-and-run and will preserve evidence. This report allows you to put your insurance company on notice of a potential uninsured motorist claim, which can allow you to recover damages even if the other driver’s identity is unknown. Failing to make a police report in a timely fashion can sometimes eliminate your ability to make a claim.

Do I need a police report if nobody was injured?

Even if you weren’t injured, calling the police to get a police report is still a good idea. Frequently, although the at-fault driver admits fault on the scene, his or her story changes after getting home and talking to the insurance company. After that happens, without the police to have documented their admission of guilt, it’s your word against theirs and now your insurance rates are going up for an accident that wasn’t your fault. For the same reasons, never let someone talk you into “handling the accident outside insurance.” More often than not, you’ll end up getting burned for trying to be nice.

How do I get the police report after an accident?

At the scene of the accident, the police will typically hand you a “crash receipt.” If one of the cars was badly damaged or if someone was injured, this ordinarily isn’t the full report. You can obtain local reports by contacting your local police station, or you can request the Pennsylvania State Police Report using their form SP7-0015. That said, if you’ve been involved in a car accident in Pennsylvania, our accident lawyers will get the full police report and protect your rights. We offer free consultations and don’t charge a fee unless we get a recovery, so we’ll be happy to obtain and review the report with you and your family.

Volunteer Firefighters are entitled to Workers’ Compensation in Pennsylvania

Can volunteer firefighters get workers’ compensation in Pennsylvania?

When volunteer firefighters are injured in the line of duty in Pennsylvania, they are potentially entitled to workers’ compensation benefits under Section 601 (a)(1) of the Workers’ Compensation Act, 77 P.S. § 1031 (a)(1), even though they are volunteering without pay:

(a) In addition to those persons included within the definition of the word “employe” as defined in section 104,1 “employe” shall also include…(1) members of volunteer fire departments or volunteer fire companies…

How much workers’ compensation is a volunteer firefighter paid?

Workers' Compensation for FirefightersOrdinarily, when receiving workers’ compensation benefits, an injured worker is entitled to a portion of his or her average weekly wage (averaging wages from all of his or her concurrent jobs combined). Interestingly, when a volunteer firefighter is receiving workers’ compensation and is unable to work, he or she is presumed to be earning wages equal to at least the “state-wide average weekly wage” for the purposed of calculating the amount of his or her wage-loss benefits.

This means that, whether or not a volunteer firefighter’s actual wages are equal to the state-wide average weekly wage, his or her wage-loss benefits will be paid as if he or she were earning at least the state-wide average weekly wage. As such, a volunteer firefighter will receive wage-loss benefits even if he or she is otherwise unemployed or even retired.

Should an injured volunteer firefighter hire an attorney?

If you or a loved one is a volunteer firefighter who was injured in the line of duty, you should hire a skilled Erie workers’ compensation lawyer to protect your rights. Insurance companies, unfortunately, rarely do the right thing. Our law firm offers free consultations to injured firefighters and does not charge a fee unless we obtain a recovery. With offices in both Erie and Smethport, our lawyers represent first-responders throughout Northwestern Pennsylvania. Call today to set up an in-person meeting with one of our Erie Lawyers at 814-452-6232.

Attorney Lager to Speak at Advanced Rehabilitation in Erie, PA

Workers’ Compensation From The Injured Worker’s Perspective: Thoughts From A Claimant’s Attorney

Advanced Rehabilitation Physical TherapyOn April 19, 2017, from 11:45 a.m. to 1:00 p.m., Attorney Matt Lager will be giving a seminar on Workers’ Compensation (for non-attorneys!) at Advanced Rehabilitation at 3347 W 12th St., Erie, PA, 16505. Advanced Rehabilitation is a premier Erie, PA Physical Therapy facility that provides state-of-the-art rehabilitation techniques and prides itself on helping injured workers recover from injuries so they can safely get back to work and return to their normal lives! Advanced Rehabilitation also provides useful services, such as Functional Capacity Evaluations, which help injured workers return to work in such a capacity that they will not re-injure themselves.

These informational seminars are free to attend, include lunch, and also serve as valuable networking luncheons to those who regularly interact with the workers’ compensation system. Past speakers have included orthopedic surgeons and nurses on a variety of topics, from back surgeries to Medicare Set Asides (MSAs).

What will be covered in this seminar?

Attorney Lager’s speaking topics are likely to include the following:

  • Types of Workers’ Compensation Claims
  • Medical Treatment for an Injured Worker
  • Billing problems under the Workers’ Compensation Act
  • How workers’ compensation interacts with the ADA
  • An injured worker’s choice of medical providers
  • Functional Capacity Evaluations
  • Employee’s and Employer’s Rights
  • Modified Duty
  • How Social Security Disability interacts with Workers’ Compensation
  • HIPAA and Workers’ Compensation

After the seminar, there will be an open Q & A where you will be free to ask general workers’ compensation questions (but nothing case specific!). This will be an open-ended discussion where those in attendance can get a claimant’s attorney’s perspective on the workers’ compensation system.

What if I have questions but can’t attend the seminar?

If you have any questions regarding any of the above topics, or are in injured worker looking for legal representation, call our office today for a free consultation at 814-452-6232!

No Recovery, No Fee Lawyers in Erie, PA: What does “Contingent Fee” Mean?

No Recovery No Fee Lawyer in Erie PAHow do I find a lawyer in Erie that charges no fee unless they settle my case?

When watching TV, you’ll see that many lawyers advertise No recovery, No Fee payment structures, wherein the lawyer won’t charge a fee for your personal injury case unless he or she gets you money by way of a lump-sum settlement or a verdict. During our free consultations, this is often the first question we get when meeting with a new client. Like all personal injury law firms in Erie, PA, we do not charge a fee unless we obtain a recovery for our client.

What is a contingent fee?

This sort of “no recovery no fee” arrangement is referred to as a “contingent fee,” and it is the standard practice for nearly all attorneys in Erie, PA that handle car accidents and other personal injury claims. When you see some of the heavy-advertisers focus on this structure in their commercials, don’t be fooled into thinking they’re the only ones that don’t charge hourly fees and don’t charge big retainers; they’re simply the only ones that shout about it on television. Knowing that this is standard practice for nearly all lawyers, you’re free to do your research and pick the best attorney for you without having to worry about draining your savings account.

Are contingent fees fair? Should I pay hourly instead?

Contingent no-recovery-no-fee arrangements give great power to personal injury victims who are looking for a lawyer: instead of being stuck with the cheapest option out there and operating on a shoestring budget, he or she can hire the best attorney in Erie to fight the insurance company on his or her behalf. Insurance companies hate paying out a fair value for claims and hire good lawyers to help minimize their exposure: our contingent-fee arrangements allow you to even the playing field and fight for fair compensation.

Who pays for the expenses in a lawsuit?

In addition to charging no fee unless we obtain a recovery, our firm also fronts all litigation expenses: what this means is that you don’t have to worry about coming up with thousands of dollars for expert reports, medical depositions, records, expert witnesses, et cetera. Because insurance companies spare no expense when it comes to building their case, we front the money for whatever it takes to prove the significance and extent of your injuries. Our firm doesn’t let insurance companies win by simply outspending us. We ensure things are fair.

What should I do?

If you have been injured in a car accident or have a workers’ compensation claim, don’t think that you can’t afford a good lawyer. Give our Erie, PA Lawyers a call and we’ll arrange a free consultation. If, after meeting us, you want to move forward—feel safe knowing that we don’t charge a fee unless there’s a recovery.