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Even with your undivided attention, sometimes an auto accident can be unavoidable. If you have been involved in a car accident as the result of another person’s reckless behavior, we here at DeFino Law Associates will help you collect the compensation you deserve.
Just knowing what your auto insurance will cover can be confusing. We’re here to answer your policy questions. Please call us at (215) 551-9099.
At DeFino Law Associates, we handle every type of auto accident, including but not limited to:
Insurance Considerations in Auto Accident Cases
The most important consideration in almost every auto accident case is always about INSURANCE. You MUST understand the type of insurance coverage you have and also the insurance coverage the other party involved in the accident has, as both can affect how much you can recover.
Limited Tort Vs. Full Tort
When you select your insurance, your insurance agent will give you the option of FULL TORT or LIMITED TORT. This is not the same as full coverage. “Full coverage” has to do with your ability to protect your car, whereas “Full Tort” has to do with protecting your BODY if it is injured. If you choose full tort, your lawsuit or claim for injuries will be much more successful, whereas, if you have limited tort, you will have a higher burden of proof in court.
DeFino Law Associates WANTS YOUR CASE REGARDLESS of whether you selected full tort or limited tort. However, we do hope you follow our advice and select full tort moving forward, as this option will more adequately protect yourself and your family.
Uninsured and Underinsured Motorist Coverage
This is another type of coverage that YOU MUST HAVE in order to adequately protect yourself and your family. This type of coverage protects you (or your resident family member) by allowing you to be compensated by your own insurance company in the event that the person who caused the accident is either (a) uninsured or (b) underinsured.
If the person who caused the accident is either uninsured or underinsured (meaning the amount of insurance they have is not enough to compensate you for your injuries), then you can still get compensated for your injuries fully by making an uninsured/underinsured motorist claim.
If you do not have this type of coverage, but the person who caused the accident does not have any assets, then you may be limited to the amount of insurance they have and only that amount. This is why it is essential that you obtain a large uninsured/underinsured motorist policy for you and your family.
Making one mistake isn’t usually a huge problem in most circumstances, but it is disastrous when the mistake is fatal and was caused by another person’s negligence.
Medical malpractice occurs when a trusted doctor or hospital fails to uphold a set standard of care for a patient. A misdiagnosis, wrongly prescribed medication, early discharge, or delayed treatment could all lead to medical malpractice. The injuries that result from these careless mistakes are painful, emotionally exhausting, time-consuming, and expensive. That’s where we at Defino Law Associates come in. Call us today.
Wrongful Death and Survival Actions
The loss of a loved one is among the hardest challenges a person will face, but when a loved is taken from us as a result of another person’s negligence or malicious actions, our sorrow is intensified by confusion, anger, and resentment.
A wrongful death accident can be emotionally and psychologically draining on the surviving family members of a wrongful death victim. Along with pain and suffering, the unexpected financial burdens that follow a wrongful accident, such as medical bills, funeral expenses, and lost wages, are devastating.
Wrongful death lawsuits can be filed against individuals, companies, and government agencies. A wrongful death refers to any fatality that occurs as a result of a willful act, wrongful act, or negligence on the part of another. Wrongful deaths can occur in a variety of ways, some of which include:
When someone suffers a wrongful death there are two types of claims that can be filed. One is called a WRONGFUL DEATH CLAIM the other is a SURVIVAL CLAIM. The Wrongful Death Claim is the claim filed by the decedent’s close family members for the loss they incurred as a result of the wrongful death that their loved one suffered. A Survival Claim is the claim filed by the actual estate of the decedent, and in essence, the decedent’s claim “survives” his or her death. The winnings in a Survival Claim go to the estate of the decedent and are distributed pursuant to his or her will; whereas the winnings in a Wrongful Death go to the actual family member in interest.
Some other helpful distinctions between Wrongful Death and Survival Actions are as follows:
Only certain CLOSE family members can sue for Wrongful Death.
A wrongful death action belongs to the people most affected by the death of a family member. Pennsylvania law only recognizes spouses, parents, or children of the victim as eligible to commence a wrongful death lawsuit. If the decedent had no spouse, parents or children, the right to sue for wrongful death damages belongs to the personal representative of the decedent’s estate.
Wrongful Death considers the loss of the family members.
The damages awarded in a wrongful death lawsuit focus on the losses suffered by the decedent’s family, not the victim. Damages include loss of income, loss of support, medical and funeral expenses, and the loss of the decedent’s companionship, guidance, comfort, and consortium of the loved one.
Survival Actions Focus on the Victim’s Losses.
Survival Actions seek to recover damages that the victim would have been able to claim in a personal injury or other tort lawsuit if the victim had survived. The most important element is the conscious pain and suffering that the victim experienced between the time of the accident and the time of death. The actual earnings that a person would have made in a lifetime is also another category of these damages.
Conclusion.
Wrongful Death and Survival is a complicated body of law, and a skilled, experienced, and perhaps most important, an aggressive attorney needs to be retained immediately so that he or she can adequately pursue justice for you and your family.
Here at Defino Law Associates we specialize in the defense of individuals and companies charged with criminal conduct.