Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Legal Advice

The Importance of Preserving Security Video after an Accident

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Pennsylvania Personal Injury Lawyer Tim Rayne talks about the importance of hiring a lawyer as soon as possible after an accident so that Security Footage can be located and preserved.  Cameras are becoming more and more popular and they catch accidents happen, both Slip and Fall Accidents and Vehicle Accidents.  It’s important to preserve this important evidence, but it is often written over or deleted quickly.  So, it’s important to have a lawyer make sure that video is saved before it disappears.

For more information about Car Accident or Personal Injury issues or to get a Free Consultation after an accident in Pennsylvania, contact Tim Rayne at 6108400124 or trayne@macelree.com or check out TimRayneLaw.com.

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Pennsylvania Legal Claims for Contracting COVID-19 at Work

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Do you have a legal claim for compensation in Pennsylvania if you contract COVID-19 at Work?

With the current COVID-19 pandemic (commonly referred to as the Corona Virus) in full swing in Pennsylvania, I have had a lot of people ask me what benefits or legal claims might be available if an employee contracts COVID-19 while working.

Employees are entitled to Workers’ Compensation Benefits Regardless of who was at fault for a Work Injury or Disease?

In Pennsylvania, injuries that occur at work are covered by Pennsylvania Workers’ Compensation Laws rather than Negligence Law.  Employers are liable to cover employee’s work-related injuries by paying for medical bills and by paying a portion of lost income caused by the work injury.  The worker does not need to prove that the Employer’s Negligence caused the injury.  Instead, the right to benefits exists regardless of who was at fault for causing the injury.

So, even if the injury was caused by someone else, or by the Employee’s own carelessness, the Employer still owes Workers’ Compensation benefits for medical bills and lost income.

Similarly, if someone dies due to a work injury, the Employee’s family is likely entitled to Death Benefits under Pennsylvania Workers’ Compensation Law.

COVID-19 and Pennsylvania Workers’ Compensation Law

In the up-coming months we expect that Pennsylvania Worker’s Compensation Courts will be faced with many with COVID-19/Corona Virus claims from workers or families of deceased workers alleging that Pennsylvania COVID-19 illnesses and deaths were caused by work.

The Pennsylvania Workers’ Compensation Law was designed to protect employees and their families in the event of a work related injury or death.

If you or a loved one contracted COVID-19 and believe that the exposure occurred at Work, you may have a claim for benefits under the Pennsylvania Workers’ Compensation or Occupational Disease Laws.  However, it’s unlikely that your Employer will alert you to these rights or encourage you to file a claim for benefits.

The legal challenge in these COVID-19 claims will be to prove that the COVID-19 exposure and illness came from Work as opposed to some other Corona Virus exposure unrelated to work.  In some occupations, like the medical field, proving the cause was from work, is certainly easier than others, like retail employment in a grocery store.  Since the consequences of the Corona Virus can be serious illness or even death, it’s important to explore your legal rights and determine whether Pennsylvania Law protects you.

If you would like more information about your legal rights under Pennsylvania Workers Compensation and Occupational Disease Laws please contact me at trayne@macelree.com or 610-840-0124 and I can refer you to an appropriate lawyer and law firm to review your claim and protect your legal rights.

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Five Ways to Ruin a Good Pennsylvania Personal Injury Case

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Five Ways to Ruin a Good Pennsylvania Personal Injury Case

Pennsylvania Car Accident Cases

  1. Poor choices or Bad Luck With Insurance –  In a Pennsylvania Car Accident Case, your own Car Insurance choices can significantly impact your legal rights.  Choosing Limited Tort, rather than Full Tort, can limit your rights to compensation.  Failing to purchase significant Uninsured and Underinsured Coverage can also impair your ability to be fully compensated in a Pennsylvania Car Accident.  Bad Luck with regard to the insurance coverage of the person or entity responsible for causing your accident can also ruin a good Pennsylvania Personal Injury case.  We need to be able to find a source of recovery, usually insurance, to have a good result in a Personal Injury claim.  If you have the bad luck of being injured by someone who has no insurance or low coverage, it can ruin your case.
  2. Delay in Hiring a Lawyer or Dealing Directly with the Insurance Company – If you delay in hiring an Experienced Personal Injury Lawyer or deal directly with the insurance company, you can ruin your case.  There are mistakes that you can inadvertently make if you don’t immediately consult with and retain a lawyer.  You should not be giving statements without representation or signing any forms from the insurance company.  If you accept money and sign a Release form, your legal rights may be extinguished.  You should talk to a lawyer sooner, rather than later, and avoid direct communication with the insurance company.
  3. Hiding Prior or Subsequent Accidents or Injuries from Your Lawyer –  Insurance companies and Defense Lawyers are resourceful.  They can (and almost certainly will) investigate you and learn about any accidents, medical conditions and medical treatment you had either Before or After the accident you are making a claim for.  If you conceal this information from your own lawyer, you can be blindsided and harmed by it.  Proof that you concealed relevant accidents or injuries can ruin your case.
  4. Delaying Medical Treatment and Not Following Doctors’ Orders – The Defense Lawyer will use any evidence that you delayed getting treatment or failed to follow doctors’ orders to support an argument that you must not have been injured.  The Defense Lawyer will claim that the injuries must not have been severe or else you would have received treatment and complied with all doctor recommendations.
  5. Faking or Exaggerating Injuries – It’s crucial for you to be 100 percent honest about your injuries and the impact on your life and activities.  Insurance Companies and Defense Lawyers can talk to friends, family, neighbors and co-workers.  They can also hire Private Investigators to follow you and video and photograph you.  Testimony from others that contradicts your injury claims can harm your case.  Surveillance video of you doing things that you claim that you can’t do can be devastating.  Honesty is crucial in every Personal Injury case.

For more information or for advice on Pennsylvania Car Accident or Personal Injuries claims, contact Tim Rayne at 6108400124 or trayne@macelree.com or check out www.TimRayneLaw.com. 

Tim has dozens of helpful articles and videos on his website and you can even download a Free Book, Protecting Your Family From Accidents, which contains educational information on Pennsylvania Personal Injury Cases and tips on Purchasing Car Insurance in Pennsylvania. 

For over 25 years, Tim Rayne has been helping injured accident victims receive fair treatment from insurance companies.  Tim has extensive experience settling cases with insurance companies and trying Personal Injury Cases in Court.  Tim has Law Offices in Kennett Square, West Chester and Philadelphia, Pennsylvania.  Tim offers Free Consultations in all Personal Injury Cases and handles all of his cases on a Contingent Fee Basis, meaning that no fee is charged unless the client receives compensation.

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Why Are Injured Accident Victims Entitled to Money Compensation?

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Why Are Pennsylvania Accident Victims Entitled to Money Compensation?

In a Pennsylvania Personal Injury Case, at the end of the Trial the Judge will instruct the Jury on the law and will state:

”If you find that the Defendant is liable to the Plaintiff, you must find an amount of money damages you believe will fairly and adequately compensate the Plaintiff for all the physical and financial injury that he sustained as a result of the occurrence.  The amount you award today must compensate the Plaintiff completely for damages sustained in the past, as well as damages the Plaintiff will sustain in the future.”

Since there is no way to turn back time and force the Defendant to be more careful and prevent the accident from occurring, Pennsylvania law requires the Defendant to pay fair compensation to make up for the harm.  It’s the job of the Jury to set the amount of money compensation in a Pennsylvania Personal Injury Case.

The compensation is meant to equal the harm.  It’s not the Lottery. It’s not a gift.  Instead, the Jury is responsible for coming up with a fair amount of money to equal the harm caused by the accident.

The Jury will be told that there are specific items of compensation including Economic and Non-Economic Damages:

Economic Damages include:

  • Past and Future Medical Bills
  • Past and Future Lost Income
  • Out-of-Pocket and Incidental Expenses

Non-Economic Damages include:

  • Past and Future Physical and Emotional Pain and Suffering
  • Past and Future Disability
  • Scarring and Disfigurement
  • Embarrassment and Humiliation

Common Objections Juries Have When Considering How Much Compensation to Award

Juries often have Political or Philosophical objections to awarding Money Compensation in Pennsylvania Personal Injury cases.

Common objections to awarding money and, in particular for awarding money for things other than Medical Bills or Lost Income, include:

  • Feelings of jealously “I was hurt and never got any money….”
  • A belief that accidents are just bad luck and shouldn’t be compensated
  • A fear that a large award could increase prices or insurance costs
  • Sympathy for the Defendant
  • Concern about where the money will come from
  • Concern about what might be done with the money
  • Dislike of the Plaintiff or Plaintiff’s lawyer

When Jurors are picked to serve on a Jury in a Personal Injury case, they must all promise to follow the law, which includes promising to award compensation if they find the Defendant liable.  In reality, though, bias against Personal Injury Cases and victims runs deep, so it’s hard to find fair Jurors who will follow the law.

Ironically I have heard hundreds of new clients say “I’m not the kind of person who sues or I don’t believe in Personal Injury lawsuits, but I’m really hurt!”

It would be nice if Juries could see past their own prejudices and self-interest and treat the Plaintiff how they would like to be treated if the shoe were on the other foot.

As a Personal Injury Lawyer the only thing that I ask is that a Jury follows the law and his fair in terms of its evaluation of a case.

Tim Rayne is a Pennsylvania Personal Injury Lawyer practicing with the Chester County Law Firm MacElree Harvey.  For nearly 25 years, Tim has been helping injured accident victims understand their legal rights and receive fair compensation from insurance companies.  Tim has law offices in Kennett Square and West Chester Pennsylvania.  Contact Tim at 6108400124 or trayne@macelree.com for a Free Consultation regarding your legal rights after an accident.  

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