Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Three Things To Bring To Your First Appointment With a Pennsylvania Car Accident Lawyer

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Tim Rayne Pennsylvania Car Accident Lawyer
Tim Rayne – Pennsylvania Car Accident Lawyer

Based on my experience for over 20 years as a Pennsylvania Car Accident and Personal Injury Lawyer, there are three things that a car accident victim should bring to the first appointment with a Pennsylvania Car Accident Lawyer:  the Police Report, Car and Health Insurance Information and a List of Medical Providers.  These documents will assist a Car Accident Lawyer in advising you on your legal rights and how to proceed.

Police Report

The Police Report educates the attorney on the facts of the accident, identifies the drivers and also lists potential witnesses.  The Police Report helps a Car Accident Lawyer begin investigating the case and provides the insurance information for the other driver so that the insurance company can be contacted.

Car and Health Insurance Information

Having Car and Health Insurance Information allows a Car Accident Lawyer to advise the potential client on who will pay for medical bills and lost wages and whether or not there will be any issues recovering other compensation due to Limited Tort.  An experienced Pennsylvania Car Accident Lawyer will also want to know whether a potential client is covered by Uninsured or Underinsured coverage in case the other driver has insufficient car insurance to provide fair compensation.

List of Medical Providers

In order to evaluate the value of your Pennsylvania Car Accident Case, a Car Accident Lawyer needs to review your medical records and bills and needs to know if you had any prior injuries.  So, one of the things you should bring to your first appointment is a List of Medical Providers.

Tim Rayne is a Pennsylvania Car Accident Lawyer with offices in Chester County in Kennett Square and West Chester.  For 20 years, Tim has been helping Pennsylvania Car Accident victims understand their legal rights and receive fair treatment from car insurance companies.  Tim has extensive experience negotiating Pennsylvania Car Accident settlements with insurance companies and trying Car Accident cases in court in Pennsylvania.  Tim has been named a Top 100 Attorney in Philadelphia and Pennsylvania by Super Lawyers.  Tim has a Masters Degree and is Board Certified in Trial Advocacy.  Contact Tim at 610 840 0124 or trayne@macelree.com or check out Tim’s website at https://timraynelaw.com.

What is “Fair Compensation” in a Pennsylvania Insurance Claim or Lawsuit After a Pennsylvania Car Accident?

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Chester County Car Accident Lawyer
Chester County Pennsylvania Courthouse

As a Pennsylvania Personal Injury Lawyer representing Car Accident victims inside and outside of Chester County, one of the most common questions I hear is “How much compensation am I entitled to because of the injuries from my car accident?”  The answer is, it depends.

First, in order to have a valid legal claim for Negligence after a Pennsylvania Car Accident, we need to prove that the other party caused the accident and you sustained injuries and damages in the collision.  Assuming that both can be proven, then the amount of compensation you are entitled to depends on the severity of your injuries and damages and how they impact your life.

Under Pennsylvania law, a car accident victim is entitled to fair compensation to make up for every way in which the collision negatively impacted their life.  Elements of compensation include past and future medical bills, lost wages and other out-of-pocket expenses as well as non-economic damages which fall under several categories, including physical and emotional pain and suffering, embarrassment and humiliation, scarring and disfigurement and loss of life’s pleasures  (which is the negative impact that the accident has on your life and acitivities.)

In a car accident insurance claim, a Car Accident Attorney will attempt to negotiate a favorable settlement for the client, obtaining an offer of as much compensation as is possible given the injuries and damages sustained by the client.  If a fair and reasonable settlement cannot be negotiated, a Lawsuit will need to be filed.

A Lawsuit can also lead to a settlement or can result in a Trial at which a Jury will reach a Verdict deciding what is fair compensation.  An experienced Car Accident Attorney will use the testimony of the injured party, family, friends, medical providers and other witnesses to tell the story of the case to the Jury to maximize the Verdict.

For more information on how to value a Pennsylvania Car Accident Case or get fair treatment from the insurance companies after a Pennsylvania Car Crash, contact Chester County Car Accident Attorney Tim Rayne at 610 840 0124 or trayne@macelree.com or check out his website at https://timraynelaw.com.  Tim has Chester County Pennsylvania law offices in West Chester and Kennett Square.  Tim is Board Certified in Trial Advocacy and has been named a Top 100 Lawyer in Philadelphia and Pennsylvania by Super Lawyers Magazine.  

How Long Will It Take to Get to Trial in My Chester County Pennsylvania Car Accident Case?

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Chester County Car Accident
Historic Chester County Courthouse

Once a Car Accident Personal Injury Lawsuit is filed in Chester County Pennsylvania, it will usually take a year to a year and a half to get the case to trial in front of a judge or jury.

The first phase of the lawsuit in Chester County is the Pleadings Stage in which the injured party (Plaintiff) files a Complaint and serves it on the Defendant.  Then, the Defendant files an Answer and asserts defenses.  Finally the Plaintiff files a Repy to the defenses.

The second phase of a Car Accident Personal Injury Lawsuit in Chester County is called the Discovery phase.  In the Discovery phase, each side finds out details about the other side’s case and evidence so that the case can be settled before trial or, if trial is necessary, neither party will be surprised by any of the evidence.  The Discovery process starts with each side asking the other written questions in Interrogatories and requesting relevant documents in Requests for Production.  Usually, the Defense will also use Subpoenas to request all of a Plaintiffs medical records for both before and after the accident.  It’s also common for a Defendant to hire a Defense Doctor to examine the Plaintiff, review medical records and prepare a report regarding his or her opinions about what injuries Plaintiff sustained in the accident.  On the Plaintiff side, an expert doctor needs to be chosedn to testify and must prepare a report outlining the opinions to be offered at trial.

Once Discovery is completed, the Car Accident Case is listed for trial.  In Chester County Pennsylvania, the Court Rules presume that the Pleadings and Discovery will be completed by the one year anniversary date of the filing of the Lawsuit and the Case will be listed for trial at or shortly after that date.  However, the trial listing can be delayed if either the Plaintiff or Defense attorney asks the Trial Judge to enter a Scheduling Order to delay the trial.  Nevertheless, since the Trial Judges want to keep cases moving, it’s rare for trial to be delayed more than about 6 months.  So, in almost all Car Accident Personal Injury Cases in Chester County Pennsylvania, the case will be settled or go to a jury trial within two years.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Lawyer with Chester County offices in West Chester and Kennett Square Pennsylvania.  For over 20 years, Tim has been helping injured victims of car accidents receive fair compensation from insurance companies through settlements, mediations, arbitrations and jury trials.  Tim has been named a Top 100 Lawyer in Philadelphia and Pennsylvania by Super Lawyers.  Tim has a Masters Degree and is Board Certified in Trial Advocacy.  Tim is a lifelong resident of Kennett Square.  

Pennsylvania Superior Court Decides Valet Has No Negligent Entrustment Liability to Preven Drunk Driving

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In the case of Moranko v. Downs Racing, LP, the Superior Court of Pennsylvania issued a decision on June 10, 2015 holding that a valet had no duty to prevent an intoxicated driver from driving his car.

The lawsuit alleged that Moranko had consumed copious amounts of alcohol at the Mohegan Sun Casino and retreived and drove his car from the casino valet services and was allowed to drive off despite being visibly intoxicated.  Moranko then crashed his car and died.

Moranko’s family sued the Casino, alleging in part that the valet services had a duty to prevent him from driving while intoxicated.

The Superior Court affirmed the Trial Court’s decision which dismissed the lawsuit.  The Superior Court reasoned that the valet had a duty to return the car to its owner and had no legal right let alone an obligation to prevent Moranko from driving.

The Court’s decision is similar to that of the Pennsylvania Supreme Court that held in 1983 in the case of Congini v. Portersville Valve Company that a social host who had no right of control over an intoxicated guest’s vehicle could not be held liable when the guest drove drunk.

Here is a link to the Moranko v. Downs Racing, LP opinion.

http://www.pacourts.us/assets/opinions/Superior/out/J-E04005-14o%20-%201022448774865855.pdf?cb=1%20

Although the Court found no liability on the part of the valet in this case, there can be liability under the theory of Negligent Entrustment when an owner of a vehicle allows someone to drive the vehicle who he or she knows or should know is incapable of safe driving.  Negligent Entrustment becomes a viable legal claim in a situation where the owner of a car lends the car to someone who is drunk.  If the driver crashes and causes injury or death, Pennsylvania law provides that both the driver and the owner of the car can be found legally liable.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury attorney who has offices in Chester County in West Chester and Kennett Square Pennsylvania.  Contact Tim at 610 840 0124 or trayne@macleree.com or check out Tim’s website at http:/www.timraynelaw.com.

 

What to Do Next After Being Injured in a Pennsylvania Car Accident?

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Pennsylvania Car Accident Cases

There are 3 things you should do as soon as possible after being injured in a Pennsylvania car accident:  Seek Medical Attention, Contact Your Car Insurance Company and Consult with an Experienced Car Accident Lawyer.

Seek Medical Attention –  

Even if you think you only have minor injuries, it’s wise to get checked out at the Emergency Room, your Family Doctor or an Urgent Care Center as soon as possible after a car crash.  Your car insurance will pay for the visit with no co-pay or deductible.

Contact Your Car Insurance Company –

It’s important that you notify your Car Insurance Company immediately after the accident.  They will help get your car fixed, set up a claim for your medical bills and advise you as to whether you have lost wage coverage on your car insurance policy.

Consult with an Experienced Car Accident Attorney –

Finally, you should consult with an Experienced Pennsylvania Car Accident Lawyer as soon as possible after being injured in a car crash.  You should get advice on your legal rights and what you should and should not do.  You should learn about your rights to compensation before talking to or dealing with the insurance adjuster for the other driver.  An Experienced Pennsylvania Car Accident Attorney will provide you with valuable advice and guidance to protect you and your family.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Attorney with the Chester County law Firm MacElree Harvey, Ltd.  For over 20 years Tim has been helping Pennsylvania Car Accident Victims understand their legal rights and recieve fair compensation from insurance companies.  Tim has offices in Kennett Square and West Chester but also meets clients in their homes or other convenient locations and offers Free Consultations.  Contact Tim at 610 840 0124 or trayne@macelree.com or check out his website at https://timraynelaw.com.  

Pennsylvania Car Accident Attorney Explains When Limited Tort Is Irrelevant?

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When you buy car insurance in Pennsylvania, you have to choose Full Tort or Limited Tort.  Full Tort is more expensive coverage but preserves your Full Legal Rights to Compensation after a car accident caused by someone else.   Limited Tort is cheaper coverage, but it limits your Legal Rights to Compensation.

Generally, with Limited Tort, your legal rights to compensation are limited to Economic Damages and no compensation (with certain exceptions) is available for Non-Economic damages like Pain and Suffering.

However, in certain cases, it’s irrelevant whether you were covered by Limited Tort and you still have your Full Legal Rights to Compensation even though you chose Limited Tort on your Pennsylvania Car Insurance.

Here is a list of circumstances under which you have Full Tort rights even with a Limited Tort insurance policy:

* If you were injured as a pedestrian or as an occupant of a vehicle of something other than a private passenger vehicle like a heavy truck, taxi or bus;

* If you were injured by someone who later is convicted of or pleads guilty to driving under the influence;

*If you were injured by someone driving an out-of-state vehicle;

*If you were injured by an uninsured driver;

*If the person who caused the crash intended to injure you or himself;

*If you suffered an injury resulting in death, serious impairment of a body function or permanent serious disfigurement.

In all of the above situations, a person covered by Limited Tort still has Full Legal Rights to Compensation.  Nevertheless, to protect your Full Legal Rights in all situations, you should always choose Full Tort, not Limited Tort.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Attorney who helps Pennsylvania car accident victims receive fair compensation from injurance companies either through settlement of their car accident claim or a verdict at trial.  Tim has law offices and advises Personal Injury and Car Accident victims in Kennett Square and West Chester, Pennsylvania.  Contact Tim Rayne at 610 840 0124 or trayne@macelree.com or check out his website at https://timraynelaw.com.