What is Loss of Consortium?

Loss of consortium is a term used in law that refers to the deprivation of the benefits that a family relationship provides due to injuries. Historically, the relationship between husband and wife has been considered a matter of value worth protecting. Loss of consortium arising from personal injuries was first recognized under English common law over 200 years ago. The term "consortium" is derived from the Latin expression "per quod servitium et consortium amisit," translated as "in consequence of which he lost her society and services", according to Wikipedia. To put the aspects of this claim in modern perspective, it refers to the loss of the full functioning of your spouse which may include losses to the economic contributions of the injured spouse to the household, care … [Read more...]

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Can My Motorcycle Attorney Settle My Case Without My Consent?

This is rare, but it can happen. If you have signed an agreement with your injury attorney stipulating that they are allowed to do so, then they have authority to settle your case and sign the necessary paperwork to finalize your motorcycle accident settlement without your consent. As I said above, this is rare, and usually only done if you have been mentally incapacitated and have given someone else power of attorney over your decisions. Other than in the situation mentioned above, at no time will I settle your motorcycle accident case without your consent. When I present you with the offer that has been made I will also give my opinion as to whether I think it is a lowball offer, or a fair and just offer, and together we will decide what is the best course of action. … [Read more...]

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6 Reasons a PA Motorcycle Accident Lawyer Might Decline Your Case

And Tips to Make It More Likely They’ll Accept It In my column from a couple of weeks back, I mentioned how frustrating the process of filing a claim can be if you’re not entirely sure of the steps you should be taking to assemble a strong case. But just imagine how frustrating it would be if no lawyer will take you on as a client in the first place. There are a variety of reasons a Pennsylvania motorcycle accident lawyer might turn down your case, some of them more valid than others. Even if you believe you have a strong claim, there is absolutely no requirement that any motorcycle accident lawyer accept it. And if several turn you down, it may be an indication that your claim isn’t as strong as you think it is. Obviously, I cannot speak to exactly why another law firm might … [Read more...]

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Motorcycle Accident Investigations

Collecting the Evidence You Need After a PA Motorcycle Accident One of the most common questions my clients ask me during our free initial Pennsylvania motorcycle accident lawyer consultation is some variation on "What kind of evidence do we need?" and "How do we go about collecting it?" I’m happy to get this question because it demonstrates that my clients are thinking rationally about how to win their claim, and that they understand that they cannot count on the insurance companies to take care of the matter with their best interests at heart. It also shows that they understand that their word against the other driver’s word is not going to cut it, and that they need to take some initiative themselves. Motorcycle accident lawyers are tasked with protecting your rights, and … [Read more...]

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Demonstrating Motorcycle Accident Liability In PA

In the unfortunate event that you are in an accident involving more than one vehicle, or if there is a potential responsible party such as a city or state government entity, establishing who is at fault is going to be one of the most important and contentious steps of the process. Even if it seems blatantly obvious who is responsible, the insurance companies and the at-fault party both have an interest in demonstrating that the motorcycle accident liability is not theirs. To counter their arguments, you need to have solid ones of your own. Remember, even if all parties are operating in good faith, memories are not reliable. Over the course of my career as a Pennsylvania motorcycle accident lawyer, I’ve seen seemingly open and shut cases fall apart (not when they were handled by a … [Read more...]

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Finding a Motorcycle Accident Lawyer

And why hiring a specialist is in your best interest. Before I get to what to look for when finding a Pennsylvania motorcycle injury lawyer, let's take a look at an unpleasant hypothetical: you're in a car vs. motorcycle accident. It is not your fault. It's pretty bad, and you have injuries that impact your day-to-day life. You are looking at serious medical expenses and are likely going to lose some income. Not least of all, your beloved bike is totaled. If both you and the driver of the other vehicle were properly insured, you are probably thinking that you're in pretty good shape. After all, that's why we carry insurance, right? To cover our expenses when bad stuff happens. Insurance may not cover all of your expenses. I'm going to let you in on a harsh truth, though. Your … [Read more...]

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PA Motorcycle Statistics Indicate Increased Potential for Accidents

According to PA motorcycle statistics supplied by PennDot, the number of bikes registered in the Commonwealth in 2013 increased to more than 405,000, while the number of licensed riders climbed to over 860,000 that same year. While I’m happy to see more bikers on the road, I also see these Pennsylvania motorcycle statistics, and understand that a lot of these new riders may end up in accidents. Other drivers have a hard time seeing bikes in the first place, and with more and more riders on the road, there will be increased chances for disaster to strike. With that in mind, I thought it might be a good time for a refresher on the process of hiring a Pennsylvania motorcycle accident lawyer, what the early steps of your claim might look like, and why hiring an attorney who focuses his … [Read more...]

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Motorcycle Settlement and Personal Injury Legalese

One fact you need to know if you are involved in an accident and have to talk with an attorney regarding your motorcycle accident and/or eventual motorcycle settlement: personal injury lawyers speak their own language. This can have serious repercussions as we work together towards your motorcycle settlement. Personal injury cases require you to make important decisions that have a bearing on the outcome of your claim. Over my career as a PA motorcycle accident attorney, I have made bridging this linguistic gap a cornerstone of my practice. 5 Legal Terms You Should Understand Before Pursuing Motorcycle Settlements Personal injury terms often have completely different definitions outside the legal profession, which can make this jargon even more confusing to the lay person. With … [Read more...]

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The Risks and Rewards of Motorcycle Lawsuits

If you've been in an accident, and have been offered an out-of-court settlement, you may be looking for some advice on motorcycle lawsuits. Should you accept the offer that's on the table? Should you take the case to trial? Of course this decision is ultimately up to you, and it's not a decision to be taken lightly. This may be the most important decision you make when it comes to determining the size of your ultimate payout. This choice will impact your life in non-financial ways as well. Contrary to popular beliefs, my job is not to push my clients toward creating motorcycle lawsuits for every claim that comes my way. As a matter of fact, we try to avoid going to trial. It is my responsibility to advocate for your best interests every step of the way. Speak with a motorcycle … [Read more...]

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When Do I Need Motorcycle Accident Claim Advice from an Attorney?

When you are involved in a motorcycle accident, it can be an unnerving experience, and you may not be sure about who to contact, or whether you need motorcycle accident claim advice from a Pennsylvania motorcycle accident lawyer. As a motorcycle accident attorney, I am available to answer any questions you have, and give you a free consultation regarding your case. As my client, you will get the best possible motorcycle accident claim advice , honed through years of experience in motorcycle accident settlement negotiations, which will give you peace of mind that your accident situation is going to be resolved. Motorcycle Accidents Without Injury If you are not injured as a result of the accident, you probably don't need a lawyer to provide representation. The physical damage to … [Read more...]

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Motorcycle Personal Injury Settlements: Negotiated, Trial, or Mock Jury

Many of you have heard me say, in my prior posts, that there are generally two ways to resolve a case. One is an outright motorcycle personal injury settlement wherein we submit all the medical records, reports, bills, etc. to the insurance company and we reach an agreement on an amount that will adequately compensate my client for his/her pain and suffering, lost wages, medical bills and any liens. That is known as a negotiated settlement. The other traditional way is, if my motorcycle accident client and I cannot reach an agreement with the insurance carrier on a number that everyone is satisfied with, then a motorcycle accident lawsuit is filed against the individual who caused the motorcycle accident. Generally clients prefer an amicable personal injury settlement to … [Read more...]

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Motorcycle Injury Law Firm Case Study

Imagine you just retired and you are riding your customized Harley when a young lady from Philadelphia who is lost, makes a left hand turn directly in front of your motorcycle, causing a collision. You fly over her car, landing on the street, causing you to breaking several ribs, fracture your vertebrae and literally rip your rotator cuff off in half to the point where you can no longer lift your arm from the side of your body. Time to call a motorcycle injury law firm. As you can imagine, the police, fire rescue and ambulance came and immediately transported my client to the emergency room where he remained for three nights while they relocated his torn and dislocated shoulder causing pain that you can only imagine. Unfortunately the re-location of his shoulder did nothing to … [Read more...]

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