Navigating Pennsylvania’s legal system can be complex. ZwickLaw will help you evaluate your case, negotiate with insurance companies, and ensure you meet critical deadlines, such as the two-year statute of limitations for filing a personal injury lawsuit in Pennsylvania.
The period right after an accident causing an injury can be very stressful and overwhelming. Lost wages, mounting medical debt, and the pain of an injury often combine, leaving a person desperate for a resolution. Settling an injury claim quickly may seem like the easiest way to resolve problems caused by an accident, but being overly eager can leave an accident victim in an even worse predicament. Knowing the steps to properly handle an injury claim can help you avoid crucial mistakes and obtain the compensation you deserve.
The adjuster handling your claim often presents themselves as a friend or ally looking out for your best interests. During the initial investigation, the claims adjuster will make various requests, such as asking you to sign authorizations for the release of confidential medical and employment information, provide recorded statements, and other documentation related to your accident and injuries (e.g., videos, pictures, witness information, etc.). Although adjusters may advise that the requested information is always required to assess and settle your claims, this is not always true.
The claims adjuster will attempt to use the information you provide to minimize or dismiss your claim. In certain situations, you may need to provide some information and cooperate with the insurer’s investigation; however, this is not always required. Selectively and strategically providing information does not mean you will lose your claim. Instead, taking a strategic and methodical approach usually increases your chances of obtaining the compensation you deserve.
A person with no medical insurance or limited sick time from work may decide to stop going to follow-up doctor appointments before fully recovering or the treating physicians have officially released them from treatment. Fear of lost wages and large medical bills can lead to a premature return to work, which can seriously impact your claim. The medical appointments you attend will illustrate the extent of your injuries and establish a medical treatment pattern that shows the potential need for long-term care. Missing scheduled and necessary medical appointments will likely lead to your claims adjuster dismissing or diminishing the severity of your injuries, significantly reducing the value and settlement of your case.
Claims adjusters working directly with an injured party may arbitrarily deny a claim without reviewing or receiving relevant claim-related documentation. If this happens, too many people simply give up on the claim and do not pursue the compensation they deserve. A person with little or no experience handling a personal injury, workers’ compensation, or medical malpractice claim will not know what steps to take to challenge or appeal the decision. Insurance companies are experienced and manipulative, and they expect accident victims to walk away from valid (and valuable) claims—saving the insurance company hundreds of thousands of dollars.
Even the most straightforward injury claim can quickly devolve into a nightmare if not properly handled from the very early stages. Remember, claims adjusters have years of experience negotiating claims, while the average person only deals with one or two injury claims in a lifetime. The experienced personal injury and medical malpractice attorneys at Zwick Law understand how vital quality representation is to your claim. We are prepared to review your situation and take over the time-consuming and stressful task of negotiating with the insurance company.
For questions relating to an injury claim, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or e-mail, to schedule a legal consultation and free case analysis. At Zwick Law, we’re always here for you.
*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.
Have you been injured on the job? Maybe you twisted your ankle while rushing into the elevator for that meeting with the boss or sprained your wrist while trying to beat that deadline. If you have suffered a work-related injury, you may be entitled to benefits under the Pennsylvania workers’ compensation laws.
The Pennsylvania Workers’ Compensation Act (the “Act”) provides no-fault recourse for workers who suffer injuries in the workplace. The Act ensures that no worker goes without some form of compensation for workplace-related injuries. Therefore, the Act requires all Pennsylvania employers to register with an insurer for workers’ compensation coverage.
Every Pennsylvania worker receives coverage under the Act. So, even if your employer fails to procure workers’ compensation insurance coverage, you can still obtain compensation benefits under the Uninsured Employer Guaranty Fund.
Workers’ compensation laws and regulations provide for you in the event of work-related injuries. The Act offers financial, medical, and other related benefits and support to workers who have been injured on the job.
The Act ensures that injured workers can obtain no-fault compensation for work-related injuries. However, this “no-fault” insurance coverage comes with a compromise — your right to sue your employer for the injury.
Before you can receive benefits under the Pennsylvania workers’ compensation law, you must fulfill some requirements:
Under the Act, you generally receive compensation for any disability that occurs as a result of work-related injuries.
Disability, under the Pennsylvania workers’ compensation law, is defined by work loss. A disability may result in total disability, temporary total disability, or temporary partial disability. Total disability occurs when you are completely unable to work because of the work injury.
The Act defines an “injury” to include any condition caused by an accident or activity at work. As such, injuries need not be caused by accidents alone. Injuries caused by repetitive tasks, such as typing with your back bent or injuries caused by abnormal working conditions, would also qualify as an “injury.”
Depending on your injury, you may be entitled to any one or more of the following benefits:
The Pennsylvania workers’ compensation law requires workers who suffer any work-related injury to report the injury to their employer within 120 days – this period starts to run from the date of the injury. You should always report a work-related injury to your employer and ensure that an accident report is generated.
Your employer then either accepts or denies the claim. If the claim is denied, you can file a lawsuit to establish your work-related claim by filing a Claim Petition.
While no law says you can’t fight for the claim on your own, it is generally a good idea to get in touch with an experienced workers’ compensation attorney from the moment you get injured. The experienced workers’ compensation lawyers at Zwick Law understand how vital quality representation is to your claim. We are prepared to review your situation and take over the time-consuming and stressful task of negotiating and fighting for you.
For questions relating to a work-related injury, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or e-mail, to schedule a legal consultation and free case analysis. At Zwick Law, we’re always here for you.
*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.
On February 5, 2018, the federal District Court for the Eastern District of Pennsylvania ruled that increasing Under Insured Motorist (UIM) benefits counts as a new purchase of insurance coverage. Therefore, automobile insurance carriers must obtain a new waiver of stacked benefits under the auto insurance policy.
Stacked benefits in UIM coverage mean that a person who buys automobile insurance for more than one vehicle under the same policy can choose to purchase up to double the UIM insurance coverage. The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) requires insurance carriers to offer stacked benefits to every policyholder who buys insurance. If the policyholder decides not to take advantage of the stacked benefits, the insurer must obtain a written waiver of those benefits.
If you insure two cars for $20,000 each, you are eligible for stacking benefits that allow you to claim up to $40,000 on each vehicle. The MVFRL requires the insurer to offer this option to every insured. If the insured declines, the insurer must obtain an express written waiver of the option to purchase stacked benefits.
According to the Pennsylvania Eastern District Court in Barnard v Travelers, No. 17-00290, whenever an insured chooses to increase the amount of coverage under their UIM policy, the insurance carrier must obtain a new written waiver of stacked benefits as required by the MVFRL.
Michelle Barnard, the Plaintiff, held a UIM policy with The Travelers Home and Marine Insurance Company, the Defendant, since 2007. When she initially secured the policy, she had UIM coverage limits of $50,000 for each of her two vehicles 6. At the time of purchasing the initial insurance coverage, she signed a written waiver of stacked benefits under that policy, waiving her right to stack UIM benefits under her policy. With that, the maximum amount of UIM benefits she could claim under her policy was $50,000.
In May 2009, Ms. Barnard increased her third-party liability coverage limits under the policy from $50,000 to $100,000 on each insured vehicle. This meant she would have been entitled to claim up to $200,000 on each car, as per her allowable stacked benefits. Notably, Ms. Barnard did not sign any written waiver of her stacked benefits upon this increase in coverage.
When Ms. Barnard was injured in a car accident on June 17, 2016, she submitted a UIM claim under her policy with Travelers Insurance. Travelers tendered $100,000 in UIM benefits to Ms. Barnard, assuming she had waived her option to stack her UIM benefits in 2007. Ms. Barnard rejected this tender and sued Travelers, claiming she was entitled to more than was tendered.
Travelers argued before the Eastern District Court that it had no duty to obtain a new waiver of stacked benefits under the policy, even after Ms. Barnard increased her liability insurance coverage limits in 2009. Travelers claimed the initial 2007 waiver was still in operation and effective, despite the increased coverage purchased by Ms. Barnard in 2009.
The federal district court rejected Travelers’ argument. Judge Gerald McHugh held that the language of the MVFRL requires a renewed waiver of stacked benefits when liability coverage limits are increased or purchased. According to Judge McHugh, because an increase in coverage under an existing policy requires an insured to pay a higher premium, an increase in coverage limits qualifies as a “purchase” as defined by the MVFRL. As a result, the court ruled that Travelers should have obtained a new waiver of UIM stacked benefits in 2009 when Ms. Barnard increased her liability insurance limits. Pursuant to the district court’s ruling, Travelers was responsible for paying Ms. Barnard up to $200,000 in UIM benefits under her policy.
For questions relating to the MVFRL and Pennsylvania auto insurance coverages, please contact Matthew R. Zwick, partner of Zwick Law, at (814) 371-6400 or by e-mail, to schedule a legal consultation. At Zwick Law, we’re always here for you
*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.
After the occurrence of an accident, which results in personal injuries to you or a loved one, it is not unusual for a claims adjuster from a liability insurance carrier to contact you to express sympathy and offer assistance in a time of need. While the adjuster’s friendliness and solicitude may seem legitimate, the insurance adjuster’s primary function is to save his employer (i.e., the liability insurance company) money by reducing or greatly diminishing the settlement of your claim. The tricks and tactics that insurance adjusters use to reduce or deny claims have affected hundreds of people throughout the years—which is why it is very important that all accident victims learn to recognize some of the most commonly utilized methods employed by insurance carriers and claims adjusters.
Becoming fully aware of commonly known tricks and tactics may help you or your loved ones avoid making an error that could prove extremely damaging to a personal injury claim.
In many instances, accident victims require numerous doctor visits, medical and psychological treatment and extended time off of work before the scope and extent of their injuries are fully recognized and appreciated. As the scope and extent of medical care and treatment increase, so does the potential settlement value of your case. The first trick that many claims adjusters may utilize to reduce the payout on your case, is to rush the settlement process in order to close your claim before you receive all of the medical care that you need and deserve.
A claims adjuster also may intentionally send you less insurance money than your injuries and necessary treatment warrant. In the overwhelming majority of cases, receiving and accepting payment from a liability insurance company means that you intend to enter a full and final settlement of your claims. In other words, payment from an insurance company for injuries caused by its insured, often times represents full and complete payment on your injury claim. After you have deposited or cashed the check, you will not be able to request additional compensation in the future—even if you later discover the amount you received is not enough to cover your medical bills and other accident-related expenses.
Many claims adjusters know that being out of work, while simultaneously accumulating medical debt, can be very stressful and intimidating. Adjusters often develop various methods to stall the claims process, knowing—or at least hoping—that the longer the process takes, the more likely you are to accept a lesser amount of money to settle your claim. In other cases, an adjuster also may hope that stalling or delaying a claim will cause an injured party to overlook a statute of limitation deadline, which could have the legal effect of barring a monetary recovery on your injury claim forever.
Almost all insurance companies and adjusters want injured parties to avoid consulting with an experienced personal injury attorney—an attorney who will recognize their deceiving tricks and tactics. The primary objective of a claims adjuster is to settle claims as inexpensively as possible, or even deny the claim in its entirety. Throughout the settlement process, many adjusters will discourage you from consulting with an attorney, all while providing you with hope that they will work with you to settle the situation fairly (and, untimely, at a value much lower than you deserve).
If you or someone close to you is involved in an accident, the best thing to do is to contact a personal injury attorney immediately. An experienced attorney, who is dedicated to being your advocate, will ensure that your claim is handled professionally, fully and fairly throughout the entire process – from injury to absolute compensation. At Zwick Law, our experienced team takes pride in representing our clients diligently and aggressively through every stage of a claim.
With offices conveniently located in DuBois, Pennsylvania, we are standing by to provide you with the peace of mind you deserve. For questions concerning a personal injury claim, contact Matthew R. Zwick at (814) 371-6400 or mrz@zwick-law.com, to schedule a free legal consultation and case analysis. At Zwick Law, we’re always here for you.[1]
**The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.
