One of the most critical acts in a Pennsylvania Personal Injury Case is to make sure that the claim is filed in a timely manner so that you don’t lose your rights to compensation.

In almost all Personal Injury cases, the deadline for filing, or Statute of Limitations, is two years from the date of the incident. If claims are not properly filed in Court by then, your rights are forever extinguished.

Nevertheless, there are special rules that apply if the target of the Lawsuit, the Defendant, has died.

Can you Sue a Dead Person?

You cannot sue a dead person in Pennsylvania. Legally, the person no longer exists, so suing him/her is not proper. But, does that mean that the dead person’s insurance company or the dead person’s assets are immune and cannot be pursued? No.

A dead person’s Estate and any insurance policy covering the dead person for the incident can be forced to compensate a victim of an accident caused by the dead person.

In order to pursue the legal claim, the injured person must sue the Estate of the Dead person by bringing a claim against the Executor or Administrator of the Estate.

What if no Estate has been opened for the Dead person? How do you sue?

If no Estate has been opened for the dead person, then the lawyer for the injured person can open the Estate for the sole purpose of filing a lawsuit against it.

It may sound crazy, but it’s often necessary for the victim’s lawyer to open the Estate so that the dead person can be sued.

What if you Didn’t know the Defendant was dead and Sued too late?

Just because a Defendant dies, the time limitation for filing suit isn’t automatically extended. Consequently, if you wait until the last minute to file a lawsuit and mistakenly sue a dead person, you might be out of luck and your lawsuit might get dismissed.

When is the Statute of Limitations Extended in a Case Involving a Dead Person?

There is a statute in Pennsylvania, 20 Pa.C.S. 3383, that might extend the Statute of Limitations against a dead Defendant.

Section 3383 – Statutes of Limitations; claims not barred at death – states:

The death of a person shall not stop the running of the statute of limitations applicable to any claim against him, but a claim which would otherwise be barred within one year after the death of the decedent shall not be barred until the expiration of one year after his death. Nothing in this section shall be construed to shorten the period which would have been allowed by any applicable statute of limitations if the decedent had continued to live.

So, if the Defendant dies within one year of the expiration of the Statute of Limitations, the time limit is extended until one year from the date of death.

Presumably, this rule is meant to help the victim by giving extra time to locate the Estate or open the Estate so that the claim can be pursued.

Tim Rayne is a Car Accident and Personal Injury Lawyer with the Chester County Law Firm MacElree Harvey, Ltd. For over 25 years, Tim has been helping accident victims understand their legal rights and receive fair treatment from insurance companies. Tim has law offices in Kennett Square and West Chester and can be reached at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

Jury Trials can be time consuming, risky and expensive. Many cases are better suited for Arbitration.

What is Arbitration and why is it better than a Jury Trial for some Pennsylvania Personal Injury cases?

What is Arbitration?

Arbitration is a form of Alternative Dispute Resolution in which rather than take a Civil Case, like a Pennsylvania Personal Injury Lawsuit, to a Jury Trial, the parties agree to resolve it a different way.

Arbitration involves a hearing similar to a Trial and is usually binding, meaning that the Arbitrator’s decision ends the case.

The parties choose a neutral person, like an attorney or retired Judge, to act as a single Arbitrator, or they might choose a Panel of Three Arbitrators to hear the case. The parties often submit legal memoranda and documents in advance of the Hearing for the Arbitrator to review.

Then, a Hearing is schedule either live or virtually. Arbitration Hearings are similar to Trials in that they usually involve Opening Statements, Testimony and Cross Examination of Witnesses, Submission of Documents and other Evidence and Closing Arguments. Sometimes legal arguments are submitted after the Hearing. The Arbitration ends with the Arbitrator’s decision which is usually written and sent to the parties.

What are the Advantages of Arbitration?

Although for some cases a Jury Trial is preferable, the following are the benefits of Arbitration:

• A binding decision with no Appeal
• A quicker Hearing (I recently tried an Arbitration in 4 hours and the Jury Trial of that case would have taken 4 days)
• Decreased Costs (Often Expert Reports can be used rather that expensive live testimony of experts)
• Decreased Stress on Litigants (Arbitration is quicker and less formal than a Trial – putting less stress on the parties)
• Arbitrations can be Private and Confidential – while Jury Trials are Public Events.

Each case is unique so it’s impossible to predict with certainty how long it will take a Pennsylvania Personal Injury Claim to resolve.

In my 25 plus years of helping Pennsylvania Accident Victims I’ve had cases settle in 3 months or take as long as 5 years to resolve.

It’s unwise to try to settle a case too quickly because insurance companies won’t pay unless you sign a Release giving up all future claims. So if you settle your case but then have injuries resurface or worsen, you cannot get more compensation.

Because of the finality of a settlement, it’s important to know the full extent of your injuries and damages before your case is valued and settled.

Here are some factors that can impact the length of time it will take for your case to settle a Personal Injury Claim:

• The severity of your injuries;
• The length of your medical treatment;
• Whether your injuries are temporary or permanent;
• Whether it’s clear or questionable who caused the accident;
• Whether there is just one or more than one Defendant;
• The amount of insurance coverage and available assets of the Defendant;
• Whether your claim can be fairly settled or needs to be litigated;
• The backlog of the court where your case is venued; and
• The number of witnesses and experts involved in your claim.

The Eggshell Plaintiff Rule is critically important to a Personal Injury Accident Victim who suffers from a Preexisting Condition or Injury that is made worse or aggravated by an Accident.

The Eggshell Plaintiff Rule makes it clear that a Defendant is liable for the full extent of the harm caused by an accident, even if the harm is greater than could have been expected.

It’s like knocking Humpty Dumpty off of the wall. Whoever did it is fully responsible if Humpty can’t be put back together again.

Common real life examples of the Eggshell Plaintiff Rule often involve people with preexisting Spine Injuries. Spines are fragile and when injured are highly susceptible to aggravation or worsening by trauma. So, when someone with a Neck or Back Injury is hurt in a car collision, even a seemingly minor impact, the consequences can be devastating.

Pennsylvania Law recognizes that not only new injuries deserve fair compensation but also the aggravation or worsening of an old injury. The law also recognizes that the Defendant should be held fully responsible for all of the consequences of the aggravation (Medical Bills, Lost Income, Disability and Pain) without any discount to account for the fact that the victim was more susceptible than a “healthy” person.

So, if you’re injured in an accident, know your rights and don’t feel guilty about enforcing them. The law, including The Eggshell Plaintiff Rule, exists to protect you and to hold wrongdoers fully accountable for their carelessness.

Tim Rayne – MacElree Harvey – trayne@macelree.com 610-840-0124 TimRayneLaw.com

It’s the Fourth of July. Time for fun and fireworks. However, it’s important to think about safety so that the Holiday doesn’t get ruined by injury.

Sadly, every Fourth thousands of people needlessly suffer serious injuries from fireworks accidents.

Common injuries include burns and serious eye and hand injuries. Alarmingly, over one third of the injuries are to children.

Here are some common sense Tips to keep your Holiday Fireworks fun and SAFE!

Fireworks Safety Tips

• Choose Legal and Consumer Grade Fireworks and Buy from a Reputable Dealer
• Designate a Fireworks Safety Zone away from Buildings, Vehicles and Flammable materials including dry grass
• Keep spectators at a safe distance and establish boundaries for them
• Never allow children near fireworks
• Keep Water and Fire Safety Equipment Nearby
• Fireworks and Alcohol Don’t Mix
• Keep Pets inside

Be safe and enjoy the Holiday!

Tim Rayne – Personal Injury Lawyer – MacElree Harvey – 610-840-0124 trayne@macelree.com TimRayneLaw.com