Tim Rayne, a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd. has published his third Book, “A Lawyer’s Guide to Wrongful Death Cases.”

 A Pennsylvania Wrongful Death arises when someone has died due to the intentional, reckless or negligent conduct of another person or company.  It is common for Wrongful Death cases to be filed in court after deaths from events like intentional violence; car, truck or motorcycle accidents; medical malpractice; deaths caused by dangerous products; or work accidents.

Tim’s book provides clear answers to Questions like:

What is a Pennsylvania Wrongul Death Claim?  Who can make an Wrongful Death Claim?  What compensation is available to the family of the Wrongful Death victim? What is the role of a Personal Injury Attorney?

Tim Rayne has been helping victims in Personal Injury and Wrongful Death cases in Pennsylvania since 1995.  Tim has experience in negotiating settlements with insurance companies and trying accident cases in court. 

Contact Tim at trayne@macelree.com or 610 840-0124 for a free copy of “A Lawyer’s Guide to Wrongful Death Cases” or his two other books “A Lawyer’s Guide to Personal Injury Cases” and “A Lawyer’s Guide to Purchasing Car Insurance.”  Check out Tim’s website at www.macelree.com/timrayne for additional information, articles and videos regarding Pennsylvania Personal Injury cases.  Tim Rayne has offices in Kennett Square and West Chester, Pennsylvania.

Tim Rayne, a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd., has launched a new website www.macelree.com/timrayne.

The Site contains educational materials including Articles, Videos and downloadable books on a variety of Personal Injury Topics.  The information is useful in many types of Pennsylvania Personal Injury cases such as car, truck and motorcylcle accidents, slip and fall cases, medical malpractice and dangerous products cases. 

Tim offers advice on what to do before and after accidents.  He has tips on purchasing appropriate car insurance to protect yourself and your family and explains your legal rights and the litigation process after an accident has caused injuries.

The Site also contains directions to the MacElree Harvey law offices in Kennett Square and West Chester, Pennsylvania.

If you have car or insurance questions or have been injured in an accident in Pennsylvania, check out the website www.macelree.com/timrayne, contact Tim at trayne@macelree.com or 610 840 0124 to get advice on protecting your legal rights, or set up an appointment in Tim’s Kennett Square or West Chester offices.

I cannot say that I am the best Personal Injury lawyer in Pennsylvania, Chester County, or the best car accident lawyer in West Chester, Kennett Square or Oxford.  No attorney can, despite what you may hear on television, read on the Internet or see in the Yellow Pages.

But, if you’ve been injured in a car accident, before you talk to the insurance company, sign anything or hire just any attorney, check out my website (www.macelree.com/timrayne) to read helpful tips on protecting your legal rights after a car accident, or download a free copy of my book, “A Lawyer’s Guide to Personal Injury Cases in Pennsylvania.”http://www.macelree.com/timrayne/free-consumer-guides.html

I believe that I have a different approach to my Pennsylvania Personal Injury practice compared to many attorneys who say they help car accident victims.  It centers around three principles:  Focus, Experience and Education.

FOCUS:  I handle only Personal Injury cases, no other matters.  Most of my cases are vehicle accidents:  car crashes, motorcycle accidents, pedestrian injuries.  All cases are handled personally.  You are not farmed out to associates or paralegals.

EXPERIENCE:  I have been negotiating with insurance companies and taking injury and death cases to jury trials since 1995.  I have an advanced degree, a Master’s in Trial Advocacy, and have been recognized in Super Lawyers Magazine, named a Main Line Today “Top Personal Injury Lawyer” and an “Awesome Attorney in Personal Injury” in Suburban Life Magazine.

EDUCATION:  Other than making sure my clients receive fair treatment from insurance companies, my mission is to educate clients on their legal rights and the litigation process.  I accomplish this through personal advice, articles, books and videos on Personal Injury topics.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd.  For more information, check out Tim’s website at www.macelree.com/timrayne or contact him at trayne@macelree.com or 610 840-0124.

Health insurance “liens” have become an increasingly common and frustrating part of the resolution of Personal Injury cases.  In the event that any of Plaintiff’s medical bills were paid by a health insurance plan that was self-funded, and thus covered by the Employee Retirement Income Security Act (“ERISA”), then the health insurance company will almost certainly assert a “lien” on litigation proceeds and demand reimbursement for the medical bills paid by the plan. The “Subrogation” or “Right of Reimbursement” language in these ERISA plans has become increasingly aggressive, expressing rights of full reimbursement from any recovery, regardless of whether the Plaintiff receives complete compensation and despite the costs of recovery—attorney’s fees and expenses.  Third-party “recovery” firms administer these claims and have become more proactive about recovering payments from Personal Injury litigation or settlements and have become less cooperative in terms of compromising the ERISA liens to account for less than complete recovery or costs of recovery.

With this backdrop, the Third Circuit’s Decision in U.S. Airways, Inc. v. McCutchen (2011 WL 5557411), provides precious ammunition for Plaintiffs’ counsel to use in the struggle to reduce ERISA liens and provide maximum compensation to their clients.

James McCutchen was seriously injured in a head-on car collision.  He suffered serious back injuries requiring multiple surgeries, functional disability and chronic pain.  His health insurance with U.S. Airways paid $66,866.00 for McCutchen’s treatment.  The U.S. Airways plan was a self-funded ERISA plan with a “Subrogation and Right of Reimbursement” provision mandating reimbursement of the plan for any medial bills paid out of “any monies received.”  Liability Insurance coverage was minimal, as was Underinsurance coverage, resulting in a settlement of only $110,000.00.  After paying attorney’s fees and expenses, McCutchen’s net recovery was les than $66,000.00.  U.S. Airways demanded full reimbursement for the $66,866.00 it had paid for McCutchen’s medical bills.  After refusing to pay full reimbursement, McCutchen’s attorney’s placed $41,500.00 in trust, under the belief that U.S. Airways would have to pay a proportion of the attorney’s fees and costs, and distributed the remainder to McCutchen.

U.S. Airways filed suit under § 502(a)(3) of ERISA seeking “appropriate equitable relief.” Specifically, U.S. Airways demanded a constructive trust on the $41,500.00 in trust and $25,366.00 personally from McCutchen, totaling a full reimbursement of $66,866.00.  In a Summary Judgment Order, the District Court granted the relief requested by U.S. Airways.

On Appeal, the Third Circuit reversed and remanded the case for a fact-finding on what would constitute “appropriate equitable relief” given the facts presented.  The Third Circuit reasoned that Congress designed ERISA to protect employee pensions and benefits and to set forth the fiduciary duties of plan managers.  While plan beneficiaries, like McCutchen, were given general rights of action to enforce the terms of a plan, fiduciaries, like U.S. Airways, were limited in their rights to enforce the plan terms under § 502(a)(3), which allows for injunctive or “other equitable relief,” making equitable principals and defenses applicable to any ERISA claim.

Ultimately, the Third Circuit held that the court had an obligation to limit U.S. Airways to only “appropriate equitable relief” which required a factual analysis of traditional equitable principles, including the defense of unjust enrichment.  The trial court Order requiring McCutchen to provide full reimbursement to U.S. Airways constituted “inappropriate and inequitable relief.”  The amount of the ERISA “lien” exceeded the net recovery of the litigation, which would have left McCutchen no funds to pay for unreimbursed medical bills.  At the same time, U.S. Airways would experience a windfall, since it contributed nothing to the costs and attorney’s fees required to produce the recovery.

In the end, the Third Circuit remanded the case for a full factual hearing on what would constitute appropriate equitable relief.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm, MacElree Harvey, Ltd.  Visit Tim’s website at www.macelree.com/timrayne or contact him at trayne@macelree.com or 610 840-0124.

Although you probably did not make it one of your formal resolutions for 2012, being a safer driver would be a wise choice.  In addition, teaching your young drivers safe habits should be a priority, particularly given the dangers they face as novices on the road.Every 18 seconds someone is involved in an accident, and every 11 minutes someone dies.  In my law practice, I have handled hundreds of motor vehicle accident cases.  Not surprisingly, the same mistakes which caused these accidents are repeated over and over again.  The following are my Top Ten Driving Mistakes to Avoid in 2012:

1.  Not Wearing a Seatbelt:  The best way to make it to your destination safely is to buckle up and make sure all of your passengers do too.

2.  Drinking and Driving:  Driving while intoxicated is obviously illegal, and Pennsylvania’s Blood Alcohol Limit is .08, which is relatively low.  Depending on multiple factors, just a few drinks in a short period could put you over the limit.  This could lead to an arrest, accident or both.

3.  Using Your Cell Phone:  Calling, texting, even surfing the Internet, are, unfortunately, common while driving — and also deadly.  Texting and Internet surfing will be illegal starting on March 9, 2012, but any use of the cell phone should be avoided because it distracts and causes accidents.

4.  Driving While Fatigued:  Another dangerous practice, particularly common among truck drivers or people who drive long distances for work, is driving while fatigued.  Loss of concentration or dozing off is a recipe for disaster.

5.  Speeding:  Speeding raises the stakes while driving.  Driving fast requires quicker reaction time to avoid hazards and multiplies the risk of serious injury or death in the event of a collision.

6.  Driving Too Fast For Conditions:  Sometimes driving the speed limit is too fast.  Hazardous conditions, like heavy rain, fog, snow or ice, often require driving well below the posted speed limit.

7.  Following Too Closely:  Rear-end collisions are extremely common and are most often caused by following the driver ahead of you too closely.  Keep a safe distance at all times.

8.  Failing to Yield the Right-of-Way:  If you are turning left at a stop sign or merging, you have a duty to yield the right-of-way and proceed only when it is safe.

9.  Failure to Obey Traffic Signs and Signals:  Running red lights or stop signs is an invitation for a collision.  Always obey traffic signs and signals.

10.  Improper Passing:  Passing another car on a two-lane road is one of the most dangerous maneuvers a driver can attempt.  If you make a mistake and don’t have enough room, a deadly head-on crash can occur.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd. For more information, check out Tim’s website www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124.

If the sickening allegations are true, then Penn State will face numerous civil claims for compensation by the families of the Jerry Sandusky abuse victims.  The good news for the victims, and bad news for Penn State, is that Pennsylvania’s harsh Sovereign Immunity and Statute of Limitations laws will not bar or reduce these victims’ claims in any way.The recent firing of Penn State University President Graham Spanier, football coach Joe Paterno, and other school administrators suggests that Penn State failed miserably in its oversight and supervision of Sandusky on the University campus.  Legally, victims of Sandusky’s abuse can claim that the University was negligent by failing to discover and prevent the abuse.  In fact, if the evidence is consistent with the Grand Jury Report, the victims have a strong argument that Penn State actually facilitated the abuse by giving Sandusky continued access to the entire campus, even though the University knew of incidents of sexual abuse.

Sovereign Immunity Will Not Prevent Claims

Sovereign Immunity is the legal defense available to governmental entities which makes it illegal to sue them.  In Pennsylvania, state agencies (the Commonwealth, state universities, SEPTA, etc.) and local agencies (townships, boroughs, municipalities, public school districts, local police and fire departments, etc.) enjoy immunity from lawsuits.  There are only limited situations in which injured victims can sue a governmental entity, such as vehicle accidents, medical malpractice, defective roadways, dangerous properties and dangerous animals.  When lawsuits are permitted against governmental entities, there are strict caps on the amount of compensation available to a victim - $250,000 against a state agency and $500,000 against a local agency.The Sandusky victims, however, will be unaffected by Pennsylvania’s Sovereign Immunity law because Penn State is a state-related university, not part of the State System of Higher Education (like West Chester, Millersville, Kutztown, Bloomsburg and other state universities).  Because of this distinction, Sovereign Immunity will not protect Penn State from the legal claims of Sandusky’s victims.

The Statute of Limitations Will Not Bar Claims

The Statute of Limitations is a rule of law that requires that civil claims be filed in court in a timely manner or else those claims will be barred.  The Statute of Limitations for most Personal Injury lawsuits is two years, meaning that legal claims must be filed within two years of the date of the incident or else the victim will be denied any compensation.Fortunately for Sandusky’s victims, Pennsylvania has a special Statute of Limitations for victims of sexual abuse, giving them twelve years from their eighteenth birthday within which to file a lawsuit.  Accordingly, all of the alleged victims of Sandusky’s abuse have time to file civil lawsuits.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd.  For more information, check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124.

On October 25, 2011, Governor Corbett passed into law House Bill 9, which strengthens teen driver rules and will save lives in Pennsylvania.  This legislation is the result of years of study and expert consultation, which included consideration of these sobering facts:

• Traffic accidents are the number one killer of teenagers;
• The vehicle accident fatality rate of 16-19 year olds is four times that of adults;
• Inexperience and distractions caused by passengers are major contributing factors to most teen crashes; and
• Study has shown that the chances of a 16-year old dying in a collision increases 39% with one teen passenger, 86% with two and 182% with three.

The new law, which becomes effective on December 27, 2011, includes the following:

Increased Pre-License Training

The new law increases the behind-the-wheel training that a teen driver with a driving permit must have before taking the Junior License test.  Training is increased from 50 to 65 hours, 10 hours must be at nighttime and 5 hours during inclement weather.  The expectation is that this increased training, as well as experience with nighttime and bad weather conditions, will reduce accidents caused by inexperience.

Passenger Limitations

The law imposes a restriction on one non-family member passenger under age 18 for the first six months with a junior driver’s license.  After six months, the limit increases to three non-family members under the age of 18.  However, if the junior driver has caused a reportable accident or has been convicted of any violation of the Vehicle Code, the junior driver’s license carries a one person non-family member passenger restriction.

Seatbelt Violation Becomes “Primary”

The new law also modifies the Seatbelt Law to make it a “primary” violation for a person under 18 to fail to wear a seatbelt or be secured in a car seat.  This means that rather than having to wait for another violation to stop a driver and issue a ticket for failure to comply with the Seatbelt Law, a police officer can pull a car over for suspected seatbelt or car seat violations for drivers or passengers under 18.As an attorney who has seen way too many teen fatalities and serious injuries caused by inexperienced drivers, distractions and/or failure to buckle up a seatbelt, I applaud the passage of this new law and expect it to save lives.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd.  For more information, check out Tim’s website at www.macelree.com/timrayne or contact Tim at trayne@macelree.com or 610 840-0124.

It is now illegal to text while driving.  Let me repeat that for emphasis  It’s a crime to text and drive in Pennsylvania.  The vast majority of us, including me, have done it in the past.Deep down, we already knew it was dangerous and statistics tell the sad tale.  Tens of thousands of crashes result from distracted driving each year.

Recognizing the gravity of the danger, Pennsylvania has now joined 34 states and the District of Columbia by making texting while driving illegal.  On November 9, 2011, Governor Corbett signed into law Pennsylvania’s texting ban which becomes effective on March 9, 2012 (120 days after passage).Here are the highlights of the new law:

• No driver shall operate a motor vehicle while using a cell phone, PDA, smart phone or mobile computer to send, read or write a text communication while the vehicle is in motion.
• The offense is considered “Primary,” meaning that a police officer can stop you and issue a ticket for the offense without having seen you commit any other criminal violation.
• The fine is $50.
• Reading, selecting or dialing a phone number is not illegal.
• Talking on a cell phone while driving, although also dangerous, is still legal.

Hopefully, the outlawing of texting while driving will give all of us the extra incentive we may need to stop this deadly practice and make our roads safer.

Tim Rayne is a Personal Injury Attorney with the Pennsylvania law firm MacElree Harvey, Ltd.  For more information, check out Tim’s website at www.macelree.com/timrayne or contact him at trayne@macelree.com or 610 840-0124. 

Car mishaps involving collisions, deer, snow and ice, floods, thefts, vandalism, or other unfortunate events are common.  Here are some tips to help you negotiate the minefield of car insurance and repair issues.

Collision vs. Comprehensive Coverage

On your own car insurance policy, you can purchase insurance to protect your car from peril.  Collision coverage protects you from accidents which are deemed your fault.  If you crash into another car, building, tree, etc., Collision coverage will pay to fix it.  Comprehensive coverage protects you from damage caused by deer or other animal crashes, theft, flood, vandalism, or other events not involving collisions.  If your car is damaged by one of these events, your Comprehensive coverage will reimburse you.  If you finance or lease your car, you will likely be required to purchase Collision and Comprehensive coverage.  It is also a good idea to purchase this coverage if you have a relatively new car which would be expensive to repair or replace.  The cost of Collision or Comprehensive coverage can be reduced by increasing your deductible, which is the amount you have to pay yourself before the insurance company must start paying for damage or loss.

GAP (Guaranteed Auto Protection) Insurance

If your car is wrecked and “totaled” (cannot be repaired for less than its value), then you might end up owing more to your bank or lease company than your insurance will pay you for your car.  Insurance must pay the Actual Cash Value (ACV) of the car, which is often much less than you owe because vehicles depreciate in value quickly.  GAP insurance will make up the difference so that you do not end up upside down on your loan or lease.  If the ACV is $10,000, but you owe $15,000 on your loan or lease, GAP insurance makes up the $5,000 shortfall.

Tips for Totaled Cars

If the insurance company decides that your car will cost more to fix than its ACV, it will be totaled.  If the car was totaled because of a collision caused by another driver, you can make an insurance claim against that driver or with your Collision coverage.  Talk to your attorney and insurance agent to decide which would be best for you.When your car is totaled, consider the following:* Clean the car before it is appraised.  This can add to value.* Tell the appraiser about recent repairs and special equipment on the car.  Make sure that all of your car’s options and upgrades have been included in the appraisal and the car’s condition was properly rated.* Research car values and sales on the Internet.  Do not accept the first offer - negotiate a fair price.* Insist on a fair number of days in the rental car to allow you to find a new car.

Tips for Fixing Your Wrecked Car

The insurance company may try to steer you to their “approved shop.”  Beware of the potential conflict of interest.  If the shop does substantial work for the insurance company, there may be a motive to cut costs in repairing your car.  You have the right to choose where your car will be repaired.  Get a referral from someone you trust.  Check references and research the shop’s reputation.  Also, be sure to ask what parts will be used in the repair, Manufacturer Parts, After-Market Parts (non-Manufacturer but new), or Used Parts from a junk yard.  Although your insurance policy usually governs what type of parts can be used, you have a right to know what will be used and why.  If the collision was the fault of another driver, you can choose to go through the other driver’s policy or your own Collision coverage to get the car fixed.  Talk to your insurance agent, attorney and body shop about which would be better given your situation.   As with a totaled car, insist on a fair number of days in a rental vehicle while your car is being repaired.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy).  Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases and medical malpractice.  Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE.  Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.”  Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  Tim has been named by Main Line Today as one of the area’s Top Personal Injury Litigators.  In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.

Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.  

The winter months bring snow and ice to Chester County, making for beautiful landscapes but treacherous roads, sidewalks and parking lots.  Slip and fall accidents from snow and ice are common and can result in legal liability to property owners, landlords and tenants.  Here are 5 Tips to Avoid Legal Liability from Snow and Ice:1:  DEFINE WHO MUST CLEAR SNOW AND ICE:  In landlord/tenant situations, the issue of who is responsible to plow, shovel and treat snow and ice should be clearly defined in the lease.  The landlord should spell out who must clear driveways, parking lots and sidewalks.  If responsibility is placed on the tenants, the lease should provide that that tenant assumes all liability for slips and falls and the lease should require the tenant to purchase liability insurance.In situations where a business or home has frontage on a public sidewalk, the property owner should research who is legally responsible to clear the sidewalk, the property owner or the municipality.2:  PROMPTLY CLEAR SNOW AND TREAT ICE:  Although Pennsylvania has favorable laws providing some protection to property owners from liability relating to snow and ice storms, ice and snow should be cleared promptly after a storm.  Often municipalities will have Ordinances specifying how quickly shoveling must be done.  Research and follow Ordinances and do your best to clear snow and treat ice in a timely manner.  If you allow it to remain and someone falls and is injured, you may face a legal claim.3:  DON’T FORGET TO TREAT ICE PATCHES:  After the initial snow or ice clearing, it is common to have melting and refreezing, which can create dangerous ice patches.  To minimize melting and freezing issues, think about where and how you pile snow.  Be sure to establish a regular schedule to salt and sand ice patches.  If possible, have a written schedule and keep records of your work.  This information would be helpful in defending a slip and fall lawsuit.4:  PROPERLY MAINTAIN YOUR PROPERTY TO PREVENT SLIP AND FALL ACCIDENTS:Ice patches often result from defective gutters or downspouts or improperly designed or maintained parking lots, driveways or sidewalks which allow water to collect and freeze.  Be sure to conduct regular maintenance to prevent ice patches.  Also, have and maintain proper railings on stairways.5:  PROPERLY INSURE YOUR RISK:  Make sure that adequate liability insurance is purchased which will cover slip and falls on ice and snow.  Falls can result in serious injuries, like broken hips or spine damage.  Liability coverage should be high enough to cover serious injuries.Wintertime can be beautiful, but also dangerous.  Snow and ice can result in slip and fall accidents and costly lawsuits, but the risks can usually be eliminated or managed throughproper planning and insurance.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy).  Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases and medical malpractice.  Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE.  Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.”  Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  In 2007, Tim was named by Main Line Today as one of the area’s Top Personal Injury Litigators.  In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.

Tim can be reached by phone at 610-840-0124, by email at trayne@macelree.com or on his Blog at www.macelree.com/traynelaw.