Thursday, February 18, 2010

Property Damage and Loss: What you should know...

Protecting your home and personal property needs to start before a disaster strikes. Often, having an attorney on retainer to review your insurance policies and personal needs is a great first step. In order to fully manage your risk related to your personal property there are many things to consider.

Get the right insurance policy

A good insurance broker should take the time when you select your insurance policy to clearly explain your coverage’s and to make sure that you have coverage in excess of what you currently own. Many of our clients are surprised by how quickly replacement costs accumulate. You do not want to find yourself underinsured and if you are grossly underinsured you will not be able to return to the life that you had before the disaster. If you have questions about your policy make sure to contact your attorney immediately. You want to know what you are agreeing to!

All insurance policies are not created equal

From company to company and policy to policy, coverage’s often vary. Many times certain items are not covered in one type of policy that is covered in another. Often additional riders or addendums need to be purchased in addition to the basic homeowner policy to cover specific valuable items. Periodic policy evaluations and if necessary, limit increases are recommended. Also, know what the policy deduction is and make sure that it is a realistic amount of money that you can pay if needed. Flood and earthquake insurance is typically not included in most basic homeowner policies. You need to inquire about these and other riders when deciding upon your policy and often times a legal opinion on a specific policy for your unique needs may be required. In addition, there are additional liability coverage’s within many liability policies that many of our clients forget about that you may want to review with a legal advisor.

Understand your policy

An important step after a disaster is to retrieve your insurance policy and verify your policy limits and exclusions to coverage. Have a copy of your policy stored in a fire safe or safetydeposit box. It is also a good idea to keep purchase receipts from valuables, antiques,electronics, etc. in this same location. If you are facing a catastrophic or total loss, it may be a good idea to consult an attorney at this time just so the insurance company knows that you have someone available to help if necessary.

If you are not getting a fair settlement call us!

Remember that it is the insurance companies business to insure your property. In other words, it is their obligation to pay for your damaged property but it is a business hence they are in it to make money. They will pay minimums unless challenged. This is when you may need legal assistance. If you find yourself in settlement negotiation that is not going the way you think it should, contact an attorney that has experience in claims negotiation most likely bad faith claims.

Monday, January 11, 2010

Medical Malpractice in Pennsylvania

We all place a lot of faith and trust in doctors. After all, they are trained to heal us, to take care of us, to diagnose and treat us. But health care professionals are human and mistakes are always possible. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in physical injury, harm or death to a patient.

When something goes wrong, we ask questions. What happened? Why did it happen? What was done and when? Was the diagnosis correct? Could it have been prevented? Unfortunately, the answers are not always forthcoming or are not clear and understandable. You can be sure one of the first calls a doctor or hospital makes is to their insurance's attorney's office. This can be the beginning of a long, complicated and overwhelming process. One in which you need to have an attorney on your side with the experience to understand medical terminology and the determination to secure the maximum compensation for your pain and suffering. Medical Malpractice cases are complicated. Whether it involves a doctor, nurse, psychologist, therapist or other medical professional, there are four areas of negligence that must be established.


An abrogation of a duty owed by a health care provider to the patient. A legal duty exists whenever a patient enters a hospital or healthcare provider for treatment.


There was a failure to exercise the degree of care used by reasonably careful practitioners of like qualifications in the same or similar circumstances. This is known as conforming to a relevant standard of care. For a plaintiff to collect damages in a court of law, the plaintiff's attorney must show that the provider owed the patient a duty and that the provider's violation of the standards of care caused the patient's injury. There must be damages. Without damages there is no basis for a claim.


Damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages, medical expenses and life care expenses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Medical Malpractice can occur in a doctor's office, in the hospital, in a nursing home, on a psychologist's couch, in a birthing suite, in a lab, in surgery, even in the pharmacy. When it does, it affects your entire family as you try to come to terms with knowing your loved one's death or disability could have been prevented by proper medical care.


Let us help you get the compensation - and peace of mind - you deserve. Call 570 714 HURT for a free case review today.


photo courtesy of albany.com