Chester County car accident lawyer

I Don’t Believe in Personal Injury Lawsuits, But….

March 27, 2016 by Tim Rayne

Pennsylvania Car Accident Cases

As a Pennsylvania Car Accident Lawyer who helps car accident victims receive fair treatment from insurance companies, it’s very common for me to hear potential clients say to me in our first meeting somthing to the effect of “I don’t believe in Personal Injury lawsuits, but…..” or “I don’t believe in suing people, but….”

Lately I’ve been thinking, why is there a stigma about Personal Injury lawsuits? Why do people feel guilty about talking to a Car Accident Lawyer after being injured in an accident caused by another driver? Why do people believe that making a claim for compensation is a bad thing?

Why the Guilt about Personal Injury Claims?

I came up with a few ideas as to why people feel guilty about making Personal Injury Claims.

The first is that some personal injury lawyers contribute to the stigma by producing and airing cheesey TV commercials promising “large cash awards” if you’ve been injured in a car accident. These tacky ads create negaive feelings about injury claims and Personal Injury Attorneys. I don’t do TV ads and wish my fellow injury lawyers would stop.

Insurance companies and politicians have also contributed to the stigma by launching campaigns to promote Tort Reform and caps on money damage awards, making it seem like an injured person is being greedy for pursuing compensation after being injured in an accident. Insurance companies have an obvious motive, to reduce claims and increase profits, and politicians receive campaign contributions from insurance companies.

There’s also a certain amount of guilt that naturally arises when we think about the adversarial process of making a legal claim against somebody else.

My thought on the guilt is that it’s natural, but not really logical. The reality is that you are only following Pennsylvania Law by making a claim AND the claim will be paid by an Insurance Company, not the person who caused the accident.

Pennsylvania Law Supports Personal Injury Claims for a Good Reason

If you’ve suffered actual injuries and damages because another person broke a safety rule and caused an accident, Pennsylvania Law provides that you have a legal right to compensation. If someone was driving too fast and rear-ended you, or ran a red light, or was texting while driving and crashed into you, Pennsylania law provides that they were Negligent and they owe you fair compensation to make up for your injuries and damages.

Compensation allowed under Pennsylvania law includes money for your lost wages, medical bills, out-of-pocket expenses and money to make up for your pain and the negative impact of the accident on your life and activities.

There is a good reason why Pennsylvania has this system of compensation. If it did not, people might resort to extortion or even violence to get compensation after an accident rather than deal with the matter in the insurance claim process or in court.

An Insurance Company, Not the Other Driver, Will Pay Your Claim

The other important fact to undersand when considering a claim for compensation after a Pennsylvania car accident is that although technically the claim is against the driver who caused the accident, in reality, the claim will be defended and paid by the driver’s insurance company.

The claim will, no doubt, impact the responsible driver’s insurance rates (which it should because the driver broke the law and cause an injury). However, the driver’s insurance company has a contractual obligation to defend the driver and pay your claim up to the amount of liability coverage that the driver bought. So, unless you choose to make a claim for personal assets, the responsible driver will not be bankrupted by the claim.

In addition to representing injured people and advocating and fighting for fair compensationfor accident victims, I’ve also made it a mission of my law practice to educate people on insurance and legal issues and try to eliminate the negative feelings about personal injury lawyers and lawsuits. Hopefully this Post helped….

For over 20 years, Tim Rayne has been helping injured victims of Pennsylvania Car Accidents understand their legal rights and the insurance claim process and receive fair treatment from insurance companies. Tim has offices in Kennett Square and West Chester Pennsylvania. Tim has extensive experience negotiating settlements with large car insurance companies (Allstate, State Farm, USAA, GEICO, Nationwide, Progressive) and regularly tries car accident cases in court. For a Free Evaluation of your Pennsylvania Car Accident case, contact Tim at 610 840 0124 or trayne@macelree.com.

Do I have a Legal Claim for Compensation if a Car Accident Aggravates a Pre-Existing Back Injury

January 31, 2016 by Tim Rayne

As a Chester County Pennsylvania Car Accident Lawyer, I often hear the question Do I have a legal claim for compensation if a Car accident aggravated my pre-existing back injury? The answer is Yes, but the fact that you had a pre-existing back injury is a complicating factor in the car accident case making it important that you have an experienced Personal Injury attorney to represent you.

Pennsylvania Law Regarding Pre-Existing Conditions

Pennsylvania law provides that someone who causes a car accident is liable for all harm caused by the collision. Harm includes physical injuries that are clearly caused by the trauma, like cuts, bruises and broken bones, but it also includes any aggravation or worsening of pre-existing conditions, like back injuries or degenerative conditions.

For anyone over age 20, and sometimes even younger people, back injuries and degenerative conditions are very common. Sports activities, trauma, hard labor or even a sedentary lifestyle can cause spine injuries and/or degeneration of the spine.

When a car accident causes the forward and backward whiplash motion, pre-existing back injuries or degenerative conditions can be aggravated. This often results in symptoms like pain and restricted range of motion.

Pennsylvania law provides that someone injured in an accident is entitled to recover compensation for the aggravation of pre-existing back injuries. This is the case even if the injuries are worse than might be expected because of the pre-existing conditions.

The only way a defendant can escape liability is if he can establish that the injured person would be suffering from the same symptoms from the pre-existing conditions even if the accident did not happen.

Insurance Company and Defense Lawyer Tricks

When insurance companies or defense lawyers learn of a pre-existing injury or prior accident related injury, they’ll do whatever they can to try do avoid accepting responsibility and blame the injury on the pre-existing condition or prior accident.

Common tactics include subpoenaing all of your prior medical records, having a private investigator follow you and take photgraphs and video and having you seen by a hired gun defense doctor to say that either there is nothing wrong with you or that your problems are caused by the pre-existing condition.

How to Get Justice

You can still get justice. But, particularly in car accidents involving pre-existing back injuries, it’s important to maximize your chances of winning by condidering these tips:

1- Be sure to hire an experienced Pennsylvania Car Accident Lawyer;

2- Be honest and up front with your lawyer about all pre-existing conditions and prior accidents;

3- Document your injuries with medical treatment and a daily journal of your symptoms, treatment and restrictions;

4- Never exaggerate your claims of injury and then get caught in surveillance photos or videos doing things you claim no to be able to do;

5- Think of several witnesses, including family, friends, co-workers, etc. who can corroborate your claims of the difference between your life before and after the accident.

Tim Rayne is a Chester County Car Accident Lawyer with MacElree Harvey. For more information on your legal rights after a car accident contact Tim at trayne@macelree.com or 610 840 0124.

Another Friend Suprised by Limited Tort Car Insurance Choice and Consequences

December 2, 2015 by Tim Rayne

I feel like it’s been somewhat of an obsession of mine – advising whomever will listen about the danger of choosing Limited Tort rather than Full Tort on a Pennsylvania Car Insurance Policy. For 20 years now, I’ve been warning people by lecturing, writing articles, doing You Tube videos and even publishing a book A Lawyer’s Guide to Purchasing Car Insurance. One of the primary messages: Don’t limit your legal rights after a car accident by choosing Limited Tort on your Pennsylvania car insurance.

That’s why I’m always suprised to learn that one of my friends, somebody on my Newsletter mailing list no less, has made the unwise choice of Limited Tort. Like many before him, this friend was very disappointed by the choice after learning that it might prevent a family member from receiving fair compensation after a Pennsylvania car accident. He was also suprised that he had Limited Tort, mistakenly thinking that he had “good coverage”.

(By the way, he did have coverage otherwise including $250,000 of Uninsured and Underinsured Coverage which is also crucial to protect your family from irresponsible drivers. But, that’s a topic for another day….)

Now, so that YOU will not be put in a similar predicament as my friend, let’s have a refresher course on Limited Tort versus Full Tort.

Limited Tort allows you to save money on your Pennsylvania Car Insurance Premiums. However, to save money on premiums, you Limit your legal rights after being injured in a car accident. Specifically, with certain exceptions, unless you suffer a “serious injury”, which is defined as “death, serious impairment of a body function or permanent and serious disfigurement”, you are barred from attempting to recover compensation for pain and suffering after a car accident. So, in exchange for lower premiums, you give up that right which could be worth thousands of dollars.

Full Tort is more expensive coverage, but your rights to seek full compensation after a car accident are preserved.

In my career, I’ve had to tell numerous people about the consequences of choosing Limited Tort after they have been injured in a car accident. Almost every time, the person had no idea what having Limited Tort really meant and vowed to change to Full Tort immediately after learning about the negative impact of the choice.

Please check your Pennsylvania Car Insurance Policy and make sure you have Full Tort so you don’t end up like my friend.

Tim Rayne is a Pennsylvania Car Accident and Personal Injury Attorney with the Chester County law firm MacElree Harvey. For over 20 years, Tim has been helping accident victims receive fair compensation from insurance companies. Contact Tim for a Free Review of your Pennsylvania Car Insurance Policy at 610 840 0124 or trayne@macelree.com.

Injured in a Chester County Car Accident – Why Call a Lawyer?

July 13, 2015 by Tim Rayne

Chester County Car Accident Lawyer Tim Rayne

If you have been injured in a car accident in Chester County Pennsylvania, you may be debating about whether you need to consult with or hire a Personal Injury attorney.

Here are five reasons why it’s a good idea to seek advice from an experienced Pennsylvania Car Accident Lawyer immediately after an accident:

Advice is free and there is no obligation to hire an attorney. Consultations with Pennsylvania Personal Injury lawyers are free of charge and you are not forced to retain the attorney.

There are mistakes you can make if you don’t get proper advice. For example, giving statements or signing forms can hurt your case.

Education and Advice. An experienced Pennsylvania Car Accident Attorney will educate you on your legal rights and the claims and litigation process.

No more calls from pushy insurance company adjusters. Once you hire a Pennsylvania Car Accident Lawyer, the insurance company is obligated to leave you alone (no more phone calls, letters or visits from adjusters).

Fair Compensation for your Injuries and Damages. An experienced Pennsylvania Car Accident Attorney is an expert at advocating and fighting with insurance companies to obtain maximum compensation for you (lost wages, medical bills, other expenses, and pain and suffering).

For more information on why it’s important to consult with an experienced Pennsylvania Car Accident Lawyer as soon as possible after an accident, contact Tim Rayne at 610 840 0124 or trayne@macelree.com or check out Tim’s website at www.timraynelaw.com. For over 20 years, Tim Rayne has been helping injured victims of Pennsylvania car accidents from his Chester County offices in Kennett Square or West Chester.

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

July 7, 2015 by Tim Rayne

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?

July 7, 2015 by Tim Rayne

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.

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer