Legal Question in Personal Injury in Pennsylvania

car accident

I was in an accident On Nov 6 2006, I was stopped with traffic when a man who worked at a car dealership ( Driving the car dealerships car from the lot )crashed into the back of me. It totaled my car and also gave me 2 herniated discs in my back. i lost time at college, and iam still out of work do to my injuries, Iam a CNA and my job requires me to be able to lift. Also i have been going through physical therpay for months now, and the doctors what me to get steroid injections. i have seen many docters, and they all say the same thing i cannot go back to work. I also am going to school for a RN now. what if i cannot meet the requirments for this course due to my injuries. I had limited Tort. I have a current lawyer but they are telling me nothing. i also have a 12 month old daughter , how iam i supposed to support her. all do to this mans negligence. he had plenty of time to stop we were on a straight stretch on route 220 he had a quater of a mile to stop and failed to do so. im stuck what do i do next..


Asked on 3/06/07, 2:06 pm

5 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: car accident

I am not sure if there ia question, however, if you are represented you need to get thru to the attny and ask questions. You pay for his services. If you are not be handled, you can fire him. Without knowing the details of your case, it is hard to advise you as to anything. Where do you live?

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Answered on 3/06/07, 2:10 pm
Richard Senker Senker Law Office

Re: car accident

No doubt, your injury is severe enough to permit you to make a claim for pain and suffering even though you bought limited tort coverage. It's impossible to know at this early date, however, how much your case is worth or how much insurance coverage is available.

Any time you are dissatisfied with your lawyer, you can fire him. It's simple. Your new lawyer should help you do that and take care of any fee that may be due to that lawyer.

To learn more about me, please visit my website at www.autocrash.biz. Thank you.

Richard Senker

email: [email protected]

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Answered on 3/06/07, 2:17 pm
Paul Stacom Law Office of Paul J. Stacom

Re: car accident

From the information you provided, it would appear that you may have reached the limited tort threshold. I have handled a number of successful limited tort claims. It is very important to develop your claim and have the doctors cooperate in establishing that you have sufferred a "serious impairment" of every day life. If your current attorney is not cooperative and communicative with you, you have the right to terminate his or her representation and obtain new PA counsel. I have several office locations, if you would like to schedule an appointment.

philadelphiaaccidentlawyer.net

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Answered on 3/06/07, 2:21 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: car accident

1. If you're not happy with your curretn lawyer, or he/she does not want to pursue your claim due to the limited ort issue, you can terminate the lawyer. But 1st, you should try to discuss your issues with the lawyer.

2. It seems that your injury is serious enough to pursue, but any attorney would need to have a complete review of your medical records before giving you an opinion. If you terminate your lawyer, I would be glad to review this with you. I have over 25 years experience in these types of cases, & there is no fee to you for a consultation. Good luck!!

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Answered on 3/06/07, 3:52 pm
Jerry Meyers Meyers Evans & Associates, LLC

Re: car accident

First and foremost, you have an existing lawyer but it is not clear whether your problem with the existing lawyer is that he will not communicate with you or whether it is simply that though communicating with you he has failed to answer questions you have and to satisfy your many concerns about the future. A lawyer is of course required to communicate with you. If your lawyer does talk to you and you are unsatisfied with his or her answers, you should make clear just how concerned you are about your future and that of your daughter and raise with him clearly the questions you have which should include (in view of your remarks) at least the following:

Does the nature of my physical condition and my inability to work for over a year and the fact that I may never be able to return to work meet the limited tort threshold which requires that a person can only recover pain and suffering damages if they have suffered a "serious injury". Your lost wages should be recoverable in spite of limited tort together with any medical expenses reasonably related to the accident.

You should also ask whether your lawyer believes it possible that an exception in your case may apply because the car which caused your injury was a dealership car. It is possible that the car does not have a title registered in Pennsylvania. If its title is not registered in Pennsylvania the limited tort statute has no application to you. In addition, if the car is not insured by a "natural person" within the meaning of the Pennsylvania Motor Vehicle Financial Responsibility Law, then another exception would apply.

You are permitted to secure other lawyers but you should not do this until you have made every effort to see whether a satisfying relationship with your existing lawyer can be established. After all, that lawyer has some time and money invested for your benefit and you should try to make the best of it.

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Answered on 3/06/07, 4:26 pm


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