Blog | Bill Pelhan-Lancaster PA Personal Injury Blog

Avoid These Common Mistakes That Auto Accident Victims Make – Mistake #3

Mistake #3 – Failing to get prompt medical attention/treatment.

As an attorney who has represented accident victims for over 25 years, I have seen many situations where the injured victim of an automobile collision will refuse to go to the hospital even though the EMTs recommend that they go. Sometimes people will make their situation worse by waiting for weeks or even months to follow up with a physician for problems or injuries associated with the accident. While no one wants to look like a whiner, this sort of inaction can adversely affect your attorneys ability to convince the insurance company or jury that your injuries are serious. More importantly, delays in treatment can make it difficult to prove that your injuries are the result of the collision. In the worst case scenario, an intervening accident could re-injure the same body part making the case even more complicated and confusing for the jury….not to mention the doctor. If you have been hurt in an accident, you should get immediate medical attention. And be sure to follow your doctor’s advice.

Feb 22, 2012 | 0 comments | View Post

Avoid These Common Mistakes Auto Accident Victims Make – Mistake #2

Mistake #2 – Talking to the at-fault parties insurance company.

I frequently see motor vehicle accident victims who have talked to the at-fault person’s insurance company without the benefit of representation. Often times auto accident victims inadvertently say something that is not helpful to their personal injury claim or may even prove to be harmful to their case. Don’t make this mistake. No matter what the insurance company representative might tell you, the real purpose for talking to you is to get information that can be used against you. Furthermore, insurance companies usually record these conversations. Thus we recommend that you always consult with an experienced personal injury attorney before speaking with the at-fault party’s insurance company. Call us today for your free initial consultation.

Click on the link to read Mistake #1 – Waiting to Call an Attorney

Feb 21, 2012 | 0 comments | View Post

Avoid These Common Mistakes Auto Accident Victims Make – Mistake #1

Unfortunately, there are some common mistakes people make after they are in an auto accident. Over the next few days, I’ll post the six most common mistakes and what you can do to avoid them if you are ever involved in an auto accident.

Mistake #1 – Waiting to call an attorney

Too often people wait to contact an attorney to get help regarding their case. Waiting often results in the loss or destruction of important evidence which can significantly hurt your chances for a fair recovery for your injuries. For example, pavement markings can be used to show that the other vehicle was in the wrong lane. However pavement markings disappear quickly.

Waiting only hurts your case. Don’t be a victim twice. If you have been in an accident call immediately. And if a loved one has been injured and is unable to call, don’t hesitate to call on their behalf. Initial consultations are free so it will not cost you anything to talk to us.

Feb 20, 2012 | 0 comments | View Post

Q&A: Choosing a Personal Injury Attorney

Why do I need an attorney?

What will it cost to have an attorney represent me?

Do I have a case?

Will I have to go to trial?

How long will it take to resolve my case?

What is my case worth?

Who decides how much to settle my case for?

If my case goes to trial, who decides the ultimate outcome or resolution of my case?

1. Why do I need an attorney?

Whenever you are injured in an accident, the insurance company will assign an adjuster to handle your claim. The job of the adjuster is to settle your claim for as little cost to the insurance company as possible. To the adjuster and insurance company, you are just one more case.

By contrast, most clients have no training on how to negotiate with an adjuster or in how to determine what is a fair settlement for their case.

With an attorney, the playing field is leveled, and you are protected from the stress which often accompanies negotiations and direct dialogue with the adjuster. Additional stress is the last thing you need.

2. What will it cost to have an attorney represent me?

I will handle your case on a contingency fee basis which means that my fee will be a percent of what I recover for you. Additionally, I will advance all costs associated with handling your case so that you do not have this additional burden or worry while you are recovering from your injuries. When I resolve your case, you pay my fee and reimburse me for the costs advanced in handling your case out of any settlement I achieve. If I am unable to recover for you, you do not owe me any fees nor are you obligated to repay any of the costs which I have advanced in handling your claim. Some examples of the costs that we might incur in handling your case include such things as the costs of medical reports, police incident reports, charges of your physicians for their testimony, deposition costs, filing fees, and expert charges.

3. Do I have a case?

Each case is different. I will use my years of experience as an attorney to address this question and explain the strengths and weaknesses of your case. I will thoroughly research any legal questions relevant to your case and explain those issues to you so that you can understand the legal issues. Similarly, I will also investigate the facts of your case, and hire experts, when necessary, in order to determine whether we can prevail and recover for you.

4. Will I have to go to trial?

Statistically, the majority of cases will settle before going to trial. Indeed, many cases settle without a lawsuit ever being filed. There are many practical reasons for this, including the expense that the insurance company will incur in litigation. Whether or not a particular case goes to suit and/or trial depends on the facts of that particular case. While it is very possible that your case will settle without the need for trial, I handle and prepare each of my cases as though it may go to trial to make sure I am ready to present the best case possible for you, should litigation be necessary in your case.

5. How long will it take to resolve my case?

Each case is different and therefore it is hard to make generalizations. How long your case may take to be resolved depends upon how long it will take for you to recover from your injuries, and whether or not your case can be settled without litigation or trial. Generally, cases that can be resolved through settlement rather than through litigation are concluded sooner. Unfortunately, the rules which govern litigation have built in delays and some Defendants may even try to use the rules to delay getting your case to trial. And, there is a backlog of cases waiting to be tried.

6. What is my case worth?

Again, each case is unique just as you are a unique person. No two people respond to the “same” injury in exactly the same way. I will use my years of experience with personal injury cases and numerous resources to help evaluate your case and guide you in terms of what a fair settlement is for your case. When appropriate, I will consult with experts who will provide us with information to help in making this determination.

7. Who decides how much to settle my case for?

You do. Although I will provide you with guidance based upon my training and experience, you make the decision. Before I begin any settlement negotiations with the Defendant’s insurance company, I will sit down with you and thoroughly explain the strengths and weaknesses of your case, the negotiation process, and what I believe would be a fair settlement for your case. At that time I will answer any questions that you might have regarding the negotiation/settlement process. Furthermore, I will keep you posted as to each and every step of the negotiation so that you will always know where negotiations stand. And no offer will be accepted without your prior approval.

8. If my case goes to trial, who decides the ultimate outcome or resolution of my case?

You have the right to decide when a suit is filed whether or not you prefer to have your case decided by a judge or a jury. In certain situations I have found that it is preferable to have cases decided by a jury. In a trial by jury, the jury has the ultimate responsibility for determining how much money you will receive if you prevail. The judge will oversee the trial and provide the jury with guidance and an explanation as to the applicable law.

The information provided is generalized, it should not be relied upon as a legal opinion. There are always exceptions, special situations, etc. For a free consultation about your situation, contact me at 717.392.6362.

Jul 12, 2011 | 0 comments | View Post

What is a traumatic brain injury (TBI)?

More than 2 million cases of traumatic brain injury (TBI) are reported each year. Out of that number only about 22% receive hospitalization or other medical attention. Thus thousands go undiagnosed because no medical treatment is sought by the injured person. Automobile accidents are responsible for approximately half of the traumatic brain injuries reported each year. The following information is designed to help you better understand head injuries/traumatic brain injuries that might result from an automobile accident and to help you determine what you need to do if you have been a victim of such an injury.

Q. What is a traumatic brain injury (TBI)?

A. A traumatic brain injury (TBI) is a brain injury which results from an accident that is a traumatic event…such as an automobile accident. In fact, approximately 50% of TBIs suffered each year are the result of an automobile accident – making it the leading cause of traumatic brain injuries.

Q. I have heard that there are more than one type of traumatic brain injuries, is this correct?

A. Yes, typically traumatic brain injuries are classified either as open head injuries or closed head injuries.

Open Head Injury: In an open head injury the injury results in penetration to the skull leading to brain damage. For example an injury from a gunshot wound or an injury which causes a skull fracture that presses inward leading to swelling of the brain.

Closed Head Injury: In a closed head injury, the skull is not penetrated. The brain injury results when an external force to the head causes the brain to move within the skull so that the soft brain matter strikes the inside or interior of the skull. This leads to an injury to a specific area of the brain and generalized injuries throughout the brain. Such an of injury might occur when a vehicle stops suddenly because of a collision, but a persons head keeps moving and strikes a stationary object within the vehicle such as a windshield. This type of injury can also occur if something hits the head causing the brain to strike the skull. One common example would be a baseball player being hit in the head with a baseball. Brain injuries are also classified as serious, moderate and mild.

Q. What is the difference between a serious, moderate and mild brain injury?

A. Serious brain injuries are often associated with open head injuries and typically involve bleeding within the brain (hemorrhaging) which will result in blood clots within the brain matter (hematoma) or swelling within the brain. Injuries often result in the build up of pressure on the brain which often lead to permanent brain damage and even death. These injuries are readily detectible by modern diagnostic tools such as MRIs and CAT Scans.

Likewise, moderate brain injuries also are detected by modern diagnostic tools. Thus, when an individual suffers a severe or moderate brain injury, they will typically be detected by the trauma team physicians and other treating physicians thus leading to the hospitalization of the victim.

The last category of brain injury is a mild traumatic brain injury or MTBI. Although classified as a mild injury, that does not mean that the injury is an insignificant injury. In fact 15% of individuals suffering mild traumatic injuries will continue to suffer with disabling symptoms a year after their injury.

Q. What is a mild traumatic brain injury?

A. The term mild in MTBI refers to the extent of the brain trauma or injury as indicated by the person’s responsiveness and recall. A brain injury is termed moderate or severe only if it involves penetration of the skull; prolonged coma; signs of deteriorating neurological status such as difficulty breathing; or evidence of localized brain damage such as speech or visual impairment.

In a physical sense a mild traumatic brain injury occurs when the soft floating brain is slammed against the skulls uneven interior causing the brains threadlike nerve cells to be stretched, strained and even torn at the point of impact and/or throughout the brain. The nerve cell damage is usually microscopic. However, the effect on the brains neurological circuitry is significant.

Jul 01, 2011 | 0 comments | View Post

What is a defective product?

A defective product is a product (thing) which is unsafe for its intended use. A product can be unsafe because it is lacking something necessary to make it safe or because it contains something which makes it unsafe. For example, a power saw lacking an appropriate blade guard could be a defective product. An automobile which contains an airbag that goes off at extremely low speeds could be a defective product.

Under PA law, if you have been injured as a result of a defective product, you may be able to bring a lawsuit to recover for your injuries.

I have been involved with numerous defective product cases including cases where someone has been killed as a result of defective product. Others have suffered severe injuries such as brain damage, loss of fingers, or even a limb. These injuries are extremely complicated cases. A successful personal injury lawsuit often depends upon the preservation of the product and other relevant evidence as well as an immediate inspection by the appropriate experts. If you suspect an injury was caused by a defective or unsafe product, you should contact us immediately.

Jun 30, 2011 | 0 comments | View Post

Automobile Accidents Cause Serious Injury

In spite of the many safety advances made in the design of automobiles, motor vehicle accidents often times result in significant injuries such as fractures, internal injuries, lacerations, brain injuries, etc. which can cause life long pain and suffering.

Whether or not you can bring a lawsuit against the other individuals involved in the accident depends upon whether or not that individuals negligence or carelessness caused the accident.

It is also important to consider whether or not a defective product such as a defective automobile may have contributed to have caused the accident. For example, did the airbag fail to deploy when it should have, did the seat back break causing the injured victim to fly out of his seat thereby sustaining a head injury or did an improperly designed gas tank rupture causing the vehicle to catch fire.

As an experienced personal injury attorney, I examine all of the possible causes of the accident including whether a defective product, etc. was a factor. If you have been injured in an accident, I recommend that you immediately contact us so that we can investigate your possible claims before important evidence is lost or destroyed.

Jun 25, 2011 | 0 comments | View Post

What is a personal injury case?

A personal injury case exists if you have suffered an injury as a result of the acts of someone else or some entity or thing. For example, automobile collision, slip and fall injuries, injuries resulting from an unsafe product, an injury at the work place.

Jun 20, 2011 | 0 comments | View Post

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