Santorum scrambled and was quick to point out that the lawsuit was a matter instituted by his wife and her lawyers and that he was just supporting her.  Come on.  Are we really to believe that Santorum and his wife didn’t discuss the issue and agree on the lawsuit?

What Santorum should have done (but would not have been popular with his conservative allies) is admitted that his wife having been injured changed his mind on whether it is fair to have politicians, rather than juries, decide what is fair compensation to the victicm of a careless act like Medical Malpractice.

To me it’s ironic that conservative politicians, who supposedly favor Free Markets and less governmental regulation and interference, would support something like Damage Caps, a mechanism where the legislature decides up front what is maximum compensation for a victim of a wrongful act.  This strikes me as a very liberal, “the government knows better than you”, type of action. 

Then why do conservative politicians favor Damage Caps?  I suggest that you follow the money.  Large campaign contributions come from Chambers of Commerce, Medical Associations and Insurance Companies, all of whom have a financial interest in limiting lawsuits and verdicts as much as humanly possible.

You might also ask: shouldn’t there be SOME limit to a jury’s ability to award compensation in a Personal Injury or Medical Malpractice lawsuits?  Even as a Personal Injury and Medical Malpractice attorney my answer would be Yes there should, AND there already is. 

In every State, the Judge who tries the case has the right to reduce a Jury verdict if it is deemed to be excessive and not supported by the evidence.  So, the system has a check and balance system already in place.  It’s the Judge who heard the case, not some politician setting an arbitrary Damage Cap.

Now we come full circle: In the Santorum Medical Malpractice case, his wife Karen sought $500,000 in compensation, exactly double the Damage Cap of $250,000 which Santorum wanted to be set by the Federal Government.  Mrs. Santorum was actually awarded $350,000, but the trial Judge found the award excessive and the result of “undue sympathy”, so he reduced the verdict to $175,000.  No need for the Damage Cap because the Judge had the power to do justice.

 In the end I don’t blame Santorum.  Damage Caps can be seen as a potential help to the economy, although there has been no proof that they reduce costs or insurance premiums.  However, as soon as you or someone you love might be hurt by the Damage Caps, they seem horribly unfair.  Maybe because they are…. 

About the Author

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law Firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice receive fair treatment from insurance companies.  Check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124

 You have a duty to report a car accident to Your Insurance Company and to cooperate with them in their investigation and claims process.  However, you have no obligation to cooperate or communicate at all with the Other Driver’s Insurance Company.  In fact, communicating with the Other Insurance Company is usually a bad idea.  Things you say could hurt, not help you.  The Other Insurance Company may ask you for a Statement.  You should not give one without having an attorney advise you before and during the statement.  You may be asked confusing or misleading questions and give an answer that is not really accurate.  You may be asked to sign a Release for the Other Insurance Company to receive your medical or employment records.  These documents are usually overly broad and constitute an invasion of your privacy.  You don’t have to sign them.  Finally, you may be offered money to settle your case.  If you accept money and sign a Release, all of your claims are terminated, regardless of whether or not you are recovered from your injuries.  Your condition might worsen.  Even if it does, the Release precludes any legal claims.  The bottom line is that you shouldn’t deal directly with the Other Insurance Company because it can hurt or kill your case.   

About the Author

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law Firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice receive fair treatment from insurance companies.  Check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124

 If you are injured in a car accident in Pennsylvania, it’s important to get legal advice as soon as possible.  Personal Injury Attorneys are experts at properly documenting and then presenting car accident cases to insurance companies, judges and juries.  This job can be best performed if the attorney is involved immediately after the car accident.  The attorney can: investigate the accident, locate and interview witnesses, photograph the scene, vehicle and your injuries, identify responsible parties, develop legal theories and advise you on how to protect your legal rights.  If you don’t have an attorney advising you, you make get taken advantage of.  Delaying contacting a Personal Injury attorney can hurt or kill your case.   

About the Author

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law Firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice receive fair treatment from insurance companies.  Check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124

Tens of thousands of dollars have been spent on media campaigns and contributions to policitians to spread negative ideas about filing a claim for compensation after being injured in an accident.  Catch-phrases like “junk lawsuits,” “frivolous lawsuits,” “jackpot justice” and “greedy trial lawyers” are repeated in the battle cry. 

The goal: to sour the public on the mere thought of filing a Personal Injury claim OR awarding fair compensation as a juror in a Personal Injury trial AND to encourage the passage of Tort Reform laws to limit lawsuits and compensation available to victims.

 The result of this War is that  innocent victims of careless acts have been caught in the crossfire. 

Many people now feel guilty for even talking to a lawyer or considering filing a lawsuit after being injured in an accident caused by carelessness.  Jury Verdicts have decreased.  Tort Reform laws are sweeping across the country.

It didn’t used to be like this, and it shouldn’t be.  Every state in this great country recognizes the right of a victim who has been injured by the carelessness of someone else to be compensated to try to make up for the harm (medical bills, lost wages, pain and suffering).  Fundamental fairness dictates that this should be so.  If I act carelessly and hurt you, I should say that I’m sorry AND try to make it up to you.  You should not have to bear the burden of the harm that I have caused.  You should not be the one to suffer OR have to apologize for asserting your legal rights. 

So, before you buy into the insurance company and big business propaganda about the evil of lawsuits and greedy trial lawyers, think about their true agenda and remember the victims who they are trying to have you forget. 

About the Author

Tim Rayne is a Personal Injury attorney with the Pennsylvania law firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice in his Kennett Square and West Chester, Pennsylvania offices.  Contact Tim at trayne@macelree.com or 610 840 0124 or check out his website www.macelree.com/timrayne.

 If you are injured in a car accident in Pennsylvania, it’s important to get medical treatment as soon as you feel any pain or symptoms.  Don’t be a hero.  Go to the Emergency Room, Urgent Care or your Family Doctor.  Insurance companies evaluate your injuries based on your medical treatment.  If you don’t obtain treatment, it will be assumed that you were not injured.  If you delay treatment, if may be assumed that your injuries were not caused by the accident or that you are trying to fabricate injury to create a legal case. 

If you are injured, getting prompt and proper care is crucial for your health and prudent for your legal case.  Failing to get proper medical treatment can hurt or kill your Personal Injury case.

About the Author

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law Firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice receive fair treatment from insurance companies.  Check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124

 If you are injured in a car accident in Pennsylvania, it’s important to document the accident as best you can.  Call the Police.  Get the other driver’s personal and car insurance information.  Get contact information for witnesses.  Photograph the cars and accident scene.   This documenting of the car accident can be crucial to your case and failing to do so can hurt or kill your Personal Injury case.

About the Author

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law Firm MacElree Harvey.  Tim helps victims of car accidents and medical malpractice receive fair treatment from insurance companies.  Check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124. 

Some of the negative sentiment is well-deserved and self-inflicted.  Some trial lawyers (present company excluded) have demeaned the legal profession by building marketing strategies around cheesy TV commercials and yellow page ads and promising lottery-like cash settlements.  But, aside from those ads, I don’t really understand how we got to this point where there is such a dislike of trial lawyers and a negative impression about lawsuits.

Both the United States Bill of Rights (Amendment VII) and the Pennsylvania Constitution (Article 1, Section 6) guarantee the right to a trial by jury of civil cases.  The common law of Pennsylvania has always been that, if someone is injured because of the intentional or negligent conduct of someone else, the injured person has a legal right to compensation to try to make up for the injury.  Since we cannot turn back the clock and prevent the harm from occurring, the law has always been that the defendant who caused the harm must try to make up for it by paying compensation for medical bills, lost wages, out-of-pocket costs and to compensate for losses like pain and suffering, scarring and disfigurement and the negative impact on the injured person’s life.

Personal Injury lawsuits are not the lottery.  Juries are clearly instructed on what types of compensation are allowed under the law to make up for the harm.  Judges can exercise oversight over verdicts if they are excessively high or low.  The system is supposed to accomplish two purposes:  compensation to the victim to make up for the harm and accountability for the defendant to encourage people and corporations to act safely and not needlessly harm others.

So, why all the hate?  Personal Injury lawyers are representing victims and juries must follow the law is reaching their verdicts.

I believe that there are a few reasons.  First, it seems like all of the extraordinary cases, not the average ones, receive the most publicity.  Since this is the case, it creates the false impression that multimillion dollar verdicts are commonplace.  Second, over the past 30 years there has been a so-called “tort reform” movement supported by conservative politicians, big corporations and insurance companies, the purpose of which was to demonize trial lawyers and lawsuits.  Millions have been spent devising and publicizing catch phrases like “junk lawsuits,” “frivolous claims,” “greedy trial lawyer,” the purpose of which was to condition people to hate lawyers and lawsuits.  These groups have also tried to convince the public that lawsuits raise prices, raise insurance rates, and cause doctors and businesses to flee.

Recently, I watched a documentary on HBO called “Hot Coffee” which examines the issue of the so-called tort reform movement and its impact on the civil justice system.  The title “Hot Coffee” comes from the fact that part of the film examines the common misconceptions about the lawsuit Stella Liebeck filed against McDonald’s after being burned by hot coffee. 

Personally, I think the film teaches important lessons about our civil justice system and the potential harm that can befall ordinary people if we allow our government to continue “reforming” our system.  Regardless of how you currently feel about Personal Injury lawyers or lawsuits, I recommend that you see this film. 

1. LIABILITY LIMITS - Liability insurance coverage protects you in the event that you cause a car accident which results in property damage and/or personal injuries.  Pennsylvania law requires a minimum of $5,000 for Property Damage and $15,000 of coverage for each person and a total of $30,000 per accident for Bodily Injury.  Since it is not difficult to imagine a scenario under which the minimum liability coverage would not be enough coverage to pay for the damages caused by a car accident, I recommend you consider carrying much more than the state required minimum.  Exactly how much depends on your tolerance for risk and the amount of your personal assets.  

2. FIRST PARTY COVERAGE - Under Pennsylvania law, the coverage on your own car insurance policy determines how much you will initially receive by way of payment of medical bills, reimbursement of lost wages, payment of funeral expenses and payment of death benefits, regardless of who is at fault for a car accident.  This coverage is called First Party Benefits.  The only required First Party Benefits coverage is $5,000 worth of medical coverage.  You are not required to have any coverage for lost wages, funeral expenses or death benefits.  However, depending on what other insurance you have, it is often advisable to carry much more than the state required minimum of $5,000 of medical coverage, as well as significant coverage for lost wages, funeral expenses and death benefits.  If you have health insurance with deductibles or co-pays, it is better to have more medical bill coverage under your automobile policy since deductibles and co-pays do not apply.  In addition, if you do not have very good short or long-term disability coverage, wage lost protection is advisable.  Similarly, if you do not have substantial life insurance, funeral expense and death benefit coverages are important to consider.

3.  UNINSURED and UNDERINSURED MOTORIST COVERAGE - There are hundreds of thousands of people driving in Pennsylvania with little or no car insurance.  Statistically, these drivers are guaranteed to cause accidents and injuries and will have little or no ability to pay for the damages caused by their carelessness.  Luckily, there is car insurance coverage which you can purchase to provide protection from these irresponsible drivers – Uninsured and Underinsured Coverage.   Uninsured Motorist Coverage provides protection for an accident caused by a driver of a vehicle who has no insurance or who leaves the scene of an accident and cannot be located – a hit-and-run driver.  If you were injured in an accident caused by an uninsured or hit-and-run driver and had no Uninsured Coverage, you would have no way of seeking compensation for your injuries.  Uninsured Coverage, however, protects you in such a situation.  If you have such coverage, your insurance company must compensate you for your damages up to the amount of the coverage which you purchased.  Underinsured Motorist Coverage provides protection for an accident caused by a driver who has automobile liability coverage, but not enough coverage to pay for all of the injuries and damages resulting from an accident.  For example, if a driver having only the state required minimum liability coverage of $15,000 causes $100,000 worth of injuries and damages to you, that driver is underinsured by $85,000 ($100,000 - $15,000 = $85,000).  In such an accident, if you were covered by an Underinsured Motorist policy, you would be able to seek compensation from your own insurance company in order to make up the difference between the coverage the injured driver had and the full amount of your injuries and damages.    In my opinion, it is critical that you purchase Uninsured and Underinsured Motorist Coverage on your own policy in substantial amounts in order to protect you and your family from uninsured or underinsured drivers.   

4.  STACKED COVERAGE - In addition to charging a substantial amount of Uninsured and Underinsured Coverage, you should also choose to “stack” your coverage.  “Stacking” provides extra coverage by multiplying the amount of coverage by the number of vehicles insured under your policy.  For example, if you stack coverage limits of $100,000 on a three-vehicle policy, you are actually insured for three times the face amount of the $100,000 policy ($100,000 x 3 vehicles = $300,000).  Because “Stacking” Coverage is relatively inexpensive, I believe that it is always a good idea to consider purchasing Stacked Coverage.

5.  LIMITED TORT vs. FULL TORT - In 1990, the Pennsylvania legislature created the Limited Tort vs. Full Tort election for the purpose of decreasing car insurance costs.  Before such an election was created, every person injured in a car accident retained the legal right to seek full compensation for any injuries and damages suffered in a car accident.  With the change in the law, the Pennsylvania legislature allowed the purchaser of car insurance to get a lower premium by selecting Limited Tort.  The tradeoff, however, was limited legal rights to be compensated in the event of a car accident.  The election of Limited Tort led to a waiver of the right to seek certain types of compensation, unless the injury was deemed “serious” or certain other limited exceptions applied.  More specifically, a person selecting Limited Tort was allowed to recover “economic” damages which included things like unpaid medical bills or lost wages.  However, “non-economic” damages for pain and suffering, emotional distress or restrictions on activity could not be compensated.  The decision of whether to elect Limited Tort or Full Tort is a personal one.  Limited Tort is less expensive coverage, but significant legal rights are waived through the election.  In my practice, I have seen many clients switch from Limited Tort to Full Tort after having been involved in an accident and having their legal rights affected by the Limited Tort election.   Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm of MacElree Harvey.  Tim helps people who have been injured in car accidents obtain fair compensation from insurance companies.  Tim has law offices in Kennett Square and West Chester Pennsylvania.  For more information on car insurance or your legal rights after a car accident check out Tim’s website www.macelree.com/timrayne or contact him at 610 840 0214 or trayne@macelree.com. 

As a Trial Lawyer who has been practicing Personal Injury law in Pennsylvania for over 15 years, I am offended and embarrassed by attorneys who practice this way and have chosen another path.

What I’ve found is that a “big cash payday” is not what is on the minds of most people after being injured in a car accident in Pennsylvania.  The car accident victim is hurt, worried about medical bills and not being able to work, and doesn’t  know the law or his or her legal rights.  The victim doesn’t  know how to respond to the car insurance adjuster and has no  interested in suing anyone.  What they want is someone to educate them on their rights after a car accident and the insurance process and to make sure that they are treated fairly.

It’s with this type of person in mind that I developed my plan for marketing for clients that is based on Education, not Sensation, and that I designed my practice focused on Personal Service, Education and Accessibility. 

Education Rather Than Sensation

Rather than running aggressive TV ads or buying a full page Yellow Page ad to attract Pennsylvania car accident victims, all of my marketing is designed to produce referrals through education based on materials which inform my prospective clients who have been injured in accidents of their legal rights and the litigation process.  I regularly use the following media to educate on the legal rights of car accident victims in Pennsylvania:  free books, website, newsletter, videos, newspaper column and radio interviews.

Personal Service, Education and Accessibility

Unlike many of my competitors who help car accident victims in Chester County, Pennyslvania, I do not take on hundreds of clients, farm their cases out to paralegals and associates and push my clients to accept injury settlements, regardless of whether the car insurance company offers fair value.  Instead, my assistant and I offer Personal Service in every case.  Although the overwhelming majority of Pennsylvania car accident cases can be settled with the insurance company before trial, if a fair offer is not made, I recommend that my clients authorize me to try their case to a verdict.

Another difference in the way that I practice is my focus on Education.  My philosophy is that every car accident client should be aware of his or her legal rights and how the litigation process operates.  The clients should be aware of and involved in the game plan for resolving the case.  Each client should also be regularly updated on the progress of the car accident case.

Finally, I have organized my practice and life such that I am Accessible to my clients to answer questions and update them.  All car accident clients have my email, direct dial number in the office, my cell phone number and Cheryl’s contact information.  I am available on short notice by phone, email or for a meeting in my office, at your home or another convenient location.

Tim Rayne is a Pennslvania Personal Injury Attorney with the Chester County law firm MacElree Harvey.  Tim handles car accident, medical malpractice and other Pennsylvania injury cases in his Kennett Square and West Chester offices.  For more information, check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124. 

My job, as a Pennsylvania Personal Injury attorney, is to answer all of those questions, handle all contact with the insurance companies and, ultimately, recover full and fair compensation for your injuries.  My ultimate goal is to make certain that the person who caused the accident accepts responsibility and covers all of your losses, including compensating you for all past and future medical bills and lost wages, any other out-of-pocket costs and provides full and fair compensation for your pain and suffering and emotional distress.

Under Pennsylvania Negligence Law, the person responsible for causing a car accident is legally obligated to compensate anyone injured in the accident for all consequences.  Since there is no way to turn back the clock and prevent the car accident from happening, the intent of Negligence Law is to provide an injured party with enough compensation to make up for the damage caused by the accident. 

Almost always, the person who caused the car accident has purchased insurance coverage to make sure that an insurance company has to pay, rather than risking his or her personal assets.  Not surprisingly, the insurance company is a big corporation motivated to make a profit by collecting premiums and paying out as little as possible in claims.  So, when its customers cause accidents, the insurance company will often try to deny responsibility for causing the accident or try to minimize compensation payments.  My goal, as your Pennsylvania Personal Injury attorney, is to make sure that the insurance company does not take advantage of you and to get you full and fair compensation for your injuries and losses.

These are the things we do for you in a typical Pennsylvania Personal Injury case after a car accident:  investigate the accident; photograph the scene; locate and interview witnesses; review insurance policies; communicate with insurance companies; gather medical records, bills and lost wage information; hire expert witnesses; and negotiate a settlement or file a lawsuit and litigate the case to a conclusion, through settlement or a jury trial.

Our fees are charged on a “Contingent” basis, meaning that the fee is “contingent” upon us recovering compensation for you.  If we achieve no recovery, there is no fee.  If we are successful in achieving compensation, our fee is usually one-third of the recovery plus any out-of-pocket costs we pay to pursue your case.  We believe that the Contingent Fee is beneficial to our clients because the risk of the representation is on our shoulders.  We pay expenses and perform work, but, if we are unsuccessful, you owe us nothing.  In addition, the Contingent Fee gives a financial incentive for us to get you full and fair compensation because our fee depends on it.  Also, since we do not charge by the hour, there is no incentive for us to delay or drag out the resolution your case.

 About the Author

Tim Rayne is a Personal Injury attorney with the Chester County law firm of MacElree Harvey.  Tim has offices in Kennett Square and West Chester, PA, and focuses his practice in helping injured victims of accidents.  Tim has extensive experience in settling and trying car accident, medical malpractice and other injury cases.  Check out Tim’s website at www.macelree.com/timrayne or contact him at 610-840-0124 or trayne@macelree.com for information or to schedule a free consultation.