What is Premise Liability?

Premise liability refers to personal injury claims asserted against a person, company, business, etc. who owns, possesses, or controls the premises, or property, on or where which an injury occurs. Slip and falls in markets, restaurants, office or apartment buildings are classic examples of premises liability.

The key issues in personal injury slip and fall cases are whether the owner had known of the hazard that caused the injury and whether appropriate steps were taken to protect people who are reasonably expected to be on the premises.

Showing that the owner had knowledge of the hazard is part of a premise liability case. For example, a shopper in a department store slips on wet floors in the men’s restroom which had been recently mopped by the janitorial crew. The store in this example is deemed to have had actual notice of the condition because its employees created the condition.

Unfortunately, owners in a premise liability case rarely admit to having been aware of a dangerous condition on their property. Hence, more commonly, we have to show that the owner or possessor had constructive notice of the condition. ‘Constructive notice’ means that the condition was present for a sufficient period of time so that the defendant owner or possessor would have been aware of it if they had conducted a reasonable inspection of the premises.

Another piece of premise liability cases is showing that you were injured because appropriate steps were not taken to protect you, a person who was reasonably expected to be on the premises. For example, the restroom was not closed when the floors were wet and there was not a warning sufficient enough to place you on notice that the area posed a danger and that you should stay away.

This article is for educational purposes only and is not meant to serve as legal advice. You should always contact an attorney to discuss any legal matter.

If you have a personal injury case, such as a slip and fall, or dog bite and want to get an honest assessment of your case and be educated as to your options, please call 1-800-444-5309 or visit PisanchynLawFirm.com

Common Steps of a Personal Injury Case

The process of pursuing compensation after another's negligence causes you injury can seem daunting. The more educated you are in the process, the less stressful and daunting the process can be. Although not all of these steps will apply to all cases, this outline of what could happen will be helpful to understand the general order of your case.

1. Accident or Injury Occurs
2. Seek Medical Attention
3. Consult an Attorney
4. Attorney investigates Claim and Medical Records
5. File an Insurance Claim or Demand a Settlement
6. Lawsuit is Filed
7. Discovery
8. Mediation and/or Arbitration
9. Trial

1. Accident or Injury Occurs

Nobody ever expects an accident or injury to occur. Even if you are conscious of the dangers around you, when an injury happens, it is still unexpected. At least, it can be frustrating and stressful. At worst, it can be permanently debilitating or deadly.

 

2. Seek Medical Attention

After you are involved in an automobile accident or injury, seek medical attention as soon as possible. 

Even if you do not think you are injured, you should still be seen by a medical professional right away. This is for two reasons. First, you may have an injury that you cannot see or feel at first. For example, an EMT may notice that you have signs of a concussion or whiplash. Second, in the event you start to feel pain later—which is quite likely—you will have proof that you saw a doctor right away. Insurance companies can often use a situation in which someone denies treatment at first against them as a supposed sign “they weren’t really injured.” 

3. Consult an Attorney

Some may think that this step seems to come a little early in the time line and that perhaps, you should wait to see what the insurance company will offer or wait for a diagnosis before you seek the advice of a legal professional. This is not the case; and for a simple reason: attorneys will not take cases that do not need an attorney. 

You have nothing to lose by reaching out to an attorney after an injury. At best, they help you get a settlement that is much greater than what an insurance company would give you on your own. At worst, you use the free consultation to get some much needed advice.

When you meet with an attorney, they can assess if you have a workable case and determine the best course of action for you, with them or without them. 

4. Investigates Claim and Medical Records

Once you hire an attorney, they will begin to investigate the claim and review your case.

The first thing that your attorney will do is thoroughly interview you. They will want to know how the accident happened, information about your background, and any medical conditions you had before and after the incident. They will also need to know any and all places you received medical treatment for your injury. All the information gathered will be quite thorough.

This process is often done by someone called an Intake Specialist. Some of the information may be personal and some may seem irrelevant, but there is a reason for every question. Most importantly, an attorney needs to be ready for anything and do their best to avoid any surprises later. If you were injured in the past, tell your attorney. If you have large debts, tell your attorney. Clients and attorneys should be as honest with each other as possible. 

Next, the lawyer will begin to collect all of your medical records and bills relating to the injury. This will include any doctors you saw, what they said, their treatment recommendations, medicines, etc. This too will be thorough. Sometimes this can take a long time, depending on your treatment. The process will take time. 

5. File an Insurance Claim or Demand a Settlement

In auto accidents, first, a claim will be filed with the at-fault driver’s insurance company before an actual lawsuit is filed. A minimal amount of car insurance coverage is required in most states. If the injury was not caused by an auto accident, your attorney will look into who was at-fault and begin a claim with their insurance. 

In slip-and-falls, this may be the store’s liability insurance carrier. In cases of medical malpractice, it may be with the hospital’s liability insurance carrier. After filing a claim with the at-fault party’s insurance company, they will assign a claims adjuster to investigate the case and negotiate a settlement. If an insurance company is not involved, a demand letter can be sent to the other party mandating a settlement for the injuries sustained. A demand letter lays out what the damages are, what compensation is expected, and why. 

If your claim involves a claim of permanent disability or impairment, a good lawyer will not settle it before filing suit. They will also not make a demand until the plaintiff has reached what is called a point of maximum medical improvement (MMI). MMI is when the plaintiff has ended their medical treatment and is as recovered as they are going to get. This is to ensure that you will get the maximum value of your case. You wouldn’t want to settle your case, then find you need surgery a month later, which was not covered in the original amount. Once settled, a plaintiff cannot ask for more money.

6. Filing a Lawsuit

If a settlement with the insurance company cannot be reached—most likely because they will not pay what the case is worth—it is time to file a lawsuit. 

 

When a lawsuit is filed, a formal complaint on your behalf is submitted to the county circuit court where your injury occurred. The court will then have the other party served with the paperwork. The other party will then have a limited amount of time to formally file an answer to the complaint, and also file any counterclaims they may have. If a counterclaim is filed, then your attorney will respond to the counterclaim on your behalf.

7. Discovery

Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. Each side submits requests for interrogatories and any document they may need that the other has. At this point, each side will take depositions of all of the relevant witnesses in the case, including yourself (the plaintiff) and the at-fault party (the defendant). 

At the deposition, the opposing attorney will ask a series of questions, recorded under oath, to the person being deposed. The interrogation is recorded by an official court reporter, either by audio or by video. Testimony given at depositions is important for counsels to ensure that there will be no surprises in court. It also gives them the opportunity to get an official account of the other party’s side of the story. 

8. Mediation and/or Arbitration

Once all or most of the information from discovery has been collected, both sides’ lawyers will generally start trying to reach a settlement again. 

At this point, a process called mediation will most likely be attempted. Mediation is a process in which the clients and the lawyers meet with a both-party-approved mediator to help them reach an agreeable settlement. If a settlement is not reached, than the lawsuit will continue or the attorneys will decide to go to arbitration.

Sometimes, a court may require that a case go to arbitration instead of to actual court. This may happen if the judge thinks a reasonable settlement is within reach. Other times, it may be voluntary. 

9. Trial

Finally, if a settlement cannot be reached using all the above options, the case will go to trial. 

Personal injury trials can vary in length. At the trial, all the information that has been gathered through discovery (physical evidence, interrogatories, depositions, photos, witnesses, etc.) will all be presented to a jury for them to decide on the settlement amount. Trials are unpredictable, but they are capable of getting clients the compensation they deserve for someone else’s negligence. 

Again, not all of these steps will apply to all cases, this is a generic timeline of what could occur throughout personal injury cases. 

If you or a loved one has been injured and you are considering contacting an attorney, please, call our experienced injury attorneys today for your free consultation at 1-800-444-5309 or visit PisanchynLawFirm.com.

What to Expect at Your Free Consultation

Having an initial consultative meeting with a personal injury attorney can make some people feel nervous. Many people don’t know what to expect, and are unsure of how (or if) to prepare for the meeting. However, there is nothing to be afraid of at an initial consultative meeting. At Pisanchyn Law Firm, for example, the initial consultation is free of charge, and our friendly and helpful attorneys have your best interests in mind.

The purpose of an initial consultation is twofold. First, it gives a potential client the opportunity to learn about the attorney and decide whether that individual would effectively represent his or her interests. Second, the consultation gives the attorney the opportunity to evaluate a potential client’s case. The attorney can assess what the chances of winning the case would be, based on his or her knowledge and experience. This information can be very helpful to a potential client, as it offers invaluable insight into the viability of a potential lawsuit.

During the consultation, the attorney will ask a potential client to describe the accident that took place. Often times, it can be difficult to remember all details of an accident on the spot. Therefore, to be better prepared for a consultation, it can be helpful to discuss the accident with a friend or family member in order to help clarify one’s memory. Additionally, it is helpful to bring relevant materials to a consultation, such as medical records, insurance information, and any documentation of the accident.

Some people may be hesitant to do a consultation with an attorney because they are afraid of the attorney talking to other people about the case. While it is normal to be protective of your personal information, attorneys are not allowed to discuss a client or potential client’s case with other people. Therefore, this type of concern should be laid to rest.

Given that personal injury lawsuits are complex matters, it is essential to find an attorney who possesses the experience and wisdom necessary for a given case. Personal injury cases require a sophisticated knowledge of handling witnesses, collecting evidence, and applying accident law.  Even if an attorney who you consult with is not able to take on your case, he or she will probably be able to refer you to an attorney who can. If you would like a consultation with Pisanchyn Law Firm call toll free at 1-800-444-5309 or visit PisanchynLawFirm.com.

Do I Need a Lawyer for My Social Security Disability Hearing?

Although you are not required to have any sort of legal representation at a disability hearing, statistics show that those who have an attorney are far more likely to be approved for benefits than those who choose to represent themselves.

The average individual, particularly one who is suffering from a debilitating physical or mental condition, will not be able to adequately prepare for a disability hearing.

On the other hand, attorneys specializing in representing SSD/SSI claimants will be well versed in disability law, including which medical records are necessary to demonstrate disability; the criteria needed to meet a listing in the blue book (the official Social Security disability handbook); how to demonstrate, through medical records, an inability to return to prior work or any other work due to diminished residual functional capacity (activities a claimant can or cannot do); and how to use the vocational grid to show that, even if the claimant is capable of performing certain tasks, he or she is not capable of earning the current substantial gainful activity (SGA) amount each month.

The Social Security Appeal process is very complex and if you don’t know the ins and outs of the process it could hurt your case. Please, call our Pennsylvania social security appeal lawyers toll free at 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com.

When to Talk to a Social Security Disability Lawyer

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.

From the initial application to the hearing level and beyond, disability attorneys understand how to present a case in the light most favorable to their clients. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect and submit relevant medical evidence, obtain an opinion from your doctor, draft a detailed brief to the Administrative Law Judge (ALJ), and prepare you for the judge's questions at the hearing. Your attorney will also elicit helpful testimony from you at the hearing and may cross-examine the Vocational Expert or Medical Expert to demonstrate that you're unable to work.

At the next stages of appeal, the Appeals Council and federal court, your lawyer can craft sophisticated legal arguments to show that Social Security wrongly denied your case.

Our Pennsylvania Social Security appeal attorneys have been through the Social Security appeal process numerous times, we can guide you through this process and help get you the benefits you deserve.

If you or a loved one is filing for SSDI, or has filed and been denied, call the Pisanchyn Law Firm for a free consultation at 1-800-444-5309 or visit PisanchynLawFirm.com.

Safe Fall Driving Tips

Fall in Pennsylvania is arguably our most beautiful season. It's a great time to go for a drive just to enjoy the scenery. 

But erratic weather conditions, reduced hours of daylight, falling temperatures and revised patterns of activity all contribute to the season's own driving challenges. Here are eight tips on how to prepare for and deal with them.


1. Beware the leaves
Brightly coloured leaves are a feast for the eyes while they're on the trees, but they inevitably fall to the ground where they can present a safety hazard. Leaves on the roadway, especially when they're wet, can be as slippery as ice so treat them with the same caution. Piles of leaves along the edge of the road can also obscure hidden hazards so steer clear of them.

2. Don't let the sun blind you
The hours of daylight continue to decrease throughout the fall season, with sunrise coming progressively later and sunset earlier. During those periods, when the sun is hanging low in the sky, it can be blinding if you're driving toward it. Be sure to wear high-quality sunglasses in those conditions and adjust sun visors to minimize the glare. Keep the windshield clean, too, as dirt on the glass can amplify the glare.


3. Prepare for less daylight
As the hours of daylight decrease, chances are you'll be doing more driving in dusk or dark conditions – perhaps even commuting to or from work in the dark. Be sure all your lights are working properly and keep them clean. The plastic covers over most of today's headlights can become clouded or pitted with time so it's a good idea to have them cleaned and polished. Be sure all your lights are on all the time – not just the automatic daytime running lights, which in many vehicles leave the taillights off.

4. Watch for children
School is in again, so be extra alert for school zones and children going or coming from school or playing along the roadside after school. They'll be harder to see as the daylight diminishes. Be prepared for school buses and their frequent stops as well. And remember that you must stop and remain stopped while their lights are flashing, on all but divided highways in most jurisdictions.

5. Look out for cyclists, pedestrians and animals
It's not just children that are more likely to be on or near the road in the Fall. As the weather cools, it's ideal weather for people to take a walk, go jogging or take a bicycle ride. And they don't always wear bright clothing to make them visible. If you're driving through an area where wildlife is plentiful, animals such as deer might also make an unexpected appearance. Be wary. And if you see one, expect there to be more.

6. Be prepared for frost and ice
As fall progresses, overnight temperatures tend to drop, often dipping below the freezing point temporarily. Such conditions are ideal for creating isolated spots of frost or black ice on sheltered areas of the roadway and on bridges and overpasses. Be aware of that possibility and extra cautious in area that might be susceptible.


7. Adjust for fog or rain
Fog and rain are facts of life in the fall, so be prepared for both and adjust your driving accordingly. Reduce your speed to correspond with the reduced visibility and increase the space behind the vehicle ahead to provide more time to react. If your vehicle is equipped with fog lights, use them, and be sure your headlights are on low, not high beam. In the rain, be cautious of puddles that can jerk at the steering wheel when you hit them, be prepared for visibility to be impaired from other vehicles' road spray, and adjust speed to account for reduced traction.

8. Prepare your vehicle for winter
Fall is a prelude to winter, which can effectively arrive almost any time throughout the period in most of PA. So prepare accordingly before it catches you out. Once the temperature drops to 30 or below, it's time to install winter tires – on all four wheels, not just two. That's also a good time to install new wiper blades and conduct routine maintenance such as changing oil and checking all fluids. Be sure you always have an ample supply of washer fluid and carry a spare container for emergency use. Check your safety kit as well, to ensure that it's up to date.

If you or a loved one are injured in an accident due to someone else's negligence, our PA car accident attorney can help. Call 1-800-444-5309 for a free consultation or visit PisanchynLawFirm.com for more information.

What Should I Do After an Accident?

What to do after you are involved in a car accident.
Accidents happen and you may not be thinking clearly after you are in a car crash. You may even be injured. Knowing what to do in case of an accident is important. Adrenaline may be flowing, injuries and commotion can be disorientating. While every accident is unique the steps one should take after a motor vehicle accident are similar.

Assess any injuries you and/or your passengers have. Stay at the scene. If the police haven't arrived call the police and provide them with all your contact and insurance information. The other party will do the same. Routinely the police will make out a police accident report especially if someone is injured.

Exchange contact information with the other driver. Talk to witnesses and get their contact information as well. Write down things while they are fresh in your mind. Write down everything you can remember about the accident.

Report the accident to the police and report the accident to your insurance company. They will do an investigation. Contact an attorney who will also conduct their own investigation on your behalf. People collect more for injury settlements when they have an injury lawyer then when they don't.

Keep records of all your medical treatment and costs. You may think the insurance carrier or even your lawyer should have obtained all the documentation but you never know what you may need and what you may be asked at a later time. The more you can document the better prepared you and your lawyer will be.

How long it may take to settle your car accident case depends on the severity of your accident and the parties involved. Most cases settle without having to go to court. Litigation can be lengthy and stressful. At the Pisanchyn Law Firm we always work to get you the maximum settlement possible.

Contact Pisanchyn Law Firm's accident lawyers if you or a loved one has been injured for your free consultation at 1-800-444-5309 or visit our website.