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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Motorcycle Owner Pre-Accident Advice

Mennonite insurance, Ryder insurance, Progressive Insurance and others focus on selling the minimum insurance required by law, which is currently $15,000, and has been since 1990. In that same span of time, health care costs have gone up 351%. According to statistics from the Center for Medicare and Medicaid Services as expressed in this article: https://www.thebalance.com/causes-of-rising-healthcare-costs-4064878 in 1990 the average person used $2,843 of their income for health costs, and in 2015 that number had risen to $9,990. Carried forward, that would mean if $15,000 was deemed sufficient mandatory insurance in 1990, then the implied reasonable insurance amount in 2017 would be approaching $53,000. So, the resulting shortfall in available funds to cover your recovery from a … [Read more...]

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Trust But Verify

The majority of people in this world are trusting individuals. When someone tells them something, especially someone who they have been conditioned to trust, they naturally believe it to be true. Unfortunately when it comes to insurance companies, the public has been conditioned to trust them as an authority. So when an accident happens, people call their insurance agent and get advice. The problem with this approach is that your insurance company is in business to take in money, not give it out. No matter what they say or how they come across when you tell 'your' agent about your accident, in their mind they actually flip from your agent to an agent for their company as soon as you utter the word "accident". What do I mean by that? An agent represents someone. When your … [Read more...]

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Evidence Collection in a Motorcycle Accident

Pennsylvania motorcycle personal injury lawyer explains importance of evidence collection When you first speak to a motorcycle attorney, they will seek to learn the facts about your accident to determine if you have a winnable case. One element of that determination is fault. In order to effectively fight for your rights in a motorcycle accident, it is imperative that once your hire me as your Pennsylvania motorcycle accident lawyer that we promptly work together on a thorough, comprehensive investigation of the causes and effects of your accident. Our goal is to piece together the puzzle that proves you were wronged, hopefully through no fault of your own, and create the most effective accident claim we possibly can present to the at-fault party's insurance company. If … [Read more...]

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Accident Attorney for Vintage Cycles

Pennsylvania Motorcycle Accident Law Firm for Vintage Cycle Property Damage Recovery It is my hope that you found this article when searching for information about vintage motorcycles, not because you had to do a search for making a property damage claim on your vintage bike. Sometimes, no matter how careful we are, others may have other plans for us when we are out enjoying the last warm days of the riding season. If you have been in an accident with your classic bike, do not hesitate to give me a call at 1-888-292-5352 so I can help you make your property damage claim, to get compensation for your damaged bike, or medical cost recovery, if you've been injured. The Key to Recovering Full Value Some of the grand old bikes are becoming quite valuable these days! Unless you … [Read more...]

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Practical Motorcycle Accident Insurance Advice

This month's article is a Pennsylvania motorcycle accident case study about a trend in obtaining insurance coverage that unfortunately we are seeing more and more of these days. Many potential clients, although insured, are choosing minimum liability limits when they purchase their insurance. However, rather than agreeing to the same $15,000 in Underinsured / uninsured (UM/UIM) coverage, they are waiving this coverage! In doing so they are solely relying upon the defendant’s liability coverage to compensate them for their losses. This applies in both PA and NJ. This problem is compounded by the fact that many of our younger clients are not purchasing collision coverage on their bikes; again leaving us to negotiate with the other party's insurance carrier in order to get their … [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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Happy New Year

Before getting into this month’s topic, I want to wish everyone a happy and healthy New Year and thank everyone who has allowed me the privilege of representing them in their time of need. I also want to thank all of the clubs and organizations that have invited me to speak in front of their members and to participate in the many organized events and rides that are held throughout the year. Everyone is a "Motorcycle Attorney" When It Suits Them Some of you may have noticed an increase in the number of attorneys soliciting business from the biker community and although some may be competent, many are not. So be sure that any attorney you hire focuses in motorcycle accidents, as my office has for approximately 25 years! I want to remind everyone that when you are in need of … [Read more...]

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Anxiety & PTSD After a PA Motorcycle Accident

A wide range of studies over the last several years has indicated that more accident survivors than you might imagine end up suffering long-term emotional distress after their crashes, even when there are no lasting physical injuries involved. As a long-time Pennsylvania motorcycle accident lawyer, this doesn’t particularly surprise me. I’ve seen the emotional toll even a relatively minor crash can take, including anxiety, PTSD, depression – even phobias – over the course of my career. I understand how devastating these emotional effects can be, even if there don’t appear to be lasting physical injuries. The stress, anxiety, and mental anguish that are the tangential results of a personal injury can sometimes be considered a compensable personal injury themselves, depending on … [Read more...]

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Property Damage Recovery Primer

Get the Best Recovery Possible After a Motorcycle Accident I have always felt that one of my greatest strengths as a Pennsylvania motorcycle accident lawyer is the fact that I’m also an avid rider. This passion gives me two big advantages when it comes to fighting for the most favorable recoveries possible for my clients. First of all, I understand the dynamics of riding a motorcycle. Facts and physics are unforgiving when the rubber leaves the road and you take a spill. A deeper understanding of the complex interplay of gravity, forward momentum, friction, and centrifugal force comes in handy when trying to understand and explain what went wrong. Secondly, I feel the same intense attachment to my bike that you feel toward yours. I know that many of my clients are more upset … [Read more...]

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Subrogation: What It Is and Why It Matters

A Motorcycle Accident Lawyer Definition and Explanation As a big-time Pennsylvania motorcycle accident lawyer and wildly popular legal blogger, I believe it’s my responsibility to help my clients and readers understand what they are hearing or reading when legal professionals communicate. Today’s vocabulary is one of the more obscure legal terms that gets tossed around when a claim is filed with a motorcycle accident attorney (and in other personal injury cases as well). “Subrogation,” is a term that – while common in my profession and in law-adjacent fields such as insurance – is virtually unheard of outside of courtrooms and law firms. The most common definition is the one used in the insurance profession: “Subrogation is the right for an insurer to pursue a responsible party … [Read more...]

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Getting the Right Motorcycle Accident Insurance Coverage

To all of my motorcycle accident blog readers who look forward to and read my monthly column I want to say thank you. It is not always easy coming up with new topics to write about every month, especially after 7-8 years of writing. Bike Show & Spring Ride Comes to an End Even though as I write this column the weather is about to turn bitterly cold, I know many of you are chomping at the bit in order to get back on your bikes and go for your inaugural spring ride. I recently learned that the Spring Thaw Rendezvous Bike Show and Poker Run which benefited the Northampton Fire Department has unfortunately come to an end. I am a little saddened by this as my Pennsylvania motorcycle law firm always sponsored the bike show, and it was typically well attended. I sincerely hope another … [Read more...]

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