You should not expect to be paid immediately, but in most cases the payment will be reasonably soon.

Generally speaking, you will get the money fastest if you have chosen not to hire an attorney for your Pennsylvania traffic accident case. In fact, the insurance adjuster may be carrying a check payable to you when she first meets you. She knows that seeing a real check with a substantial dollar figure is a nearly irresistible lure to many people. If she can just persuade you to sign a release document, she’ll be glad to hand over the check immediately.

It’s astonishing how many people don’t see through this ploy. When you sign that release document, of course, you permanently give up your right to seek further compensation for your injuries. The face value of that auto accident settlement check is almost certainly far less than you could have secured with more leverage. Studies have found that injured accident victims who have legal representation collect settlements two to four times larger than victims who do not hire lawyers.

Also, when you collect the settlement check directly, you have the responsibility of seeing that the money is distributed properly. If there is a health insurance lien on the settlement because your medical benefits carrier had to pay some of your hospital bills, you will be held responsible for resolving that legal claim. You will have the duty of stretching that one check to pay off all the medical bills—including any charges that have not yet arrived in the mail. Let’s hope you negotiated a great settlement.

Letting Your Legal Representative Handle the Settlement Details

If you hire an attorney to help you manage the settlement from your central Pennsylvania traffic accident case, you will lose the satisfaction of being paid immediately and you will also be obliged to pay a fee to your lawyer. In exchange, you get someone to handle these tasks on your behalf:

• Negotiating with the insurance companies to maximize your settlement amount. Often, your attorney will be able to get a substantially higher settlement amount—enough of an increase, in fact, to more than cover the legal fees.
• Handling all the mail and phone calls relating to your claim.
• Filing a motion with the court to enforce the settlement agreement if the insurance company fails to pay the agreed sum promptly.
• Distributing the settlement money to discharge your legal obligations, such as liens from your health insurance company or from Medicare.
• Negotiating with your health insurer, if necessary, to request forgiveness of any co-payments or deductible amounts you may have accrued.

Here’s the bottom line: lots of our new auto injury clients come to Schmidt Kramer’s Harrisburg offices with a glum, “How much is this gonna cost me?” attitude. Many who collect their settlement checks are astonished that the help of our Harrisburg accident attorneys actually saved them money.

Now, of course every case is controlled by unique circumstances and we cannot make guarantees about your personal settlement, but if you would like to know more about our success stories and endorsements, call us at (717) 888-8888 toll-free to schedule your free, confidential case review.

We can understand your frustration. The balance scales of criminal law can seem to lean a little to favor criminal defendants. Often enough, we’re actually in favor of the legal protections given to people accused of crimes: the government has so much more power and resources available than any individual that it should have to have overwhelming evidence to win its case. But when we see a bad person escape justice due to a loophole in the law, it doesn’t feel like something to celebrate.

Fortunately, the U.S. justice system isn’t limited to the criminal courts. You can file a civil claim against the driver to recover damages for the harm that was done to you. This sort of claim is completely independent of the criminal charges that have been dismissed. Because the standard of evidence is less burdensome in civil court—you don’t have to prove your case “beyond a reasonable doubt,” for instance—you may be more likely to get a satisfactory outcome in your civil case.

Your civil lawsuit serves the cause of justice just as much as a criminal conviction would have. In fact, you might find it more satisfying, because a successful case will result in a settlement or damage award that forces the driver who hurt you to pay you money for the inconvenience and losses she has brought into your life.

Three Key Checkpoints to Bring a Drugged Driver to Justice

However, winning your civil case will not be easy or automatic. Just as there are essential steps to follow after a car accident, you will find there are three important points that have to be considered before you can hope to win your civil lawsuit against a drugged driver. We will frame them as questions:

• Can you prove there was actual harm done in the car accident? You assert that you were hurt in the collision, but the degree of your injury and the proof you have available will be critical in deciding whether you can bring a viable claim. If you only suffered a few bruises and did not seek medical attention, there won’t be any way to document that you have suffered injuries worth the attention of the court. Especially because you had young children in the car, we can hope you did the prudent thing and took everyone for a medical examination soon after the accident. Those medical records will serve as proof that you and your family did indeed experience significant injuries.
• Can you prove that the other driver was negligent? Driving while intoxicated—either by drugs or alcohol—can reasonably be considered careless or negligent behavior. Even though the results of the police search of the other driver’s vehicle may not be admissible as evidence, the officer who arrested the driver may be able to testify about her intoxicated condition. Your attorney may also be able to find other witnesses when he investigates your claim.
• Do you have a realistic idea of the damages you might claim? It’s fairly straightforward to keep track of the costs of medical care, lost income, and out-of-pocket expenses due to a Lancaster car accident. Assigning dollar values to emotional suffering, pain, scars, changes in personal relationships, and other factors not usually expressed in monetary terms is much more challenging. You will want to have solid legal advice to tell you whether you’re asking for an unreasonable amount—or if you’re too willing to settle for far less than your claim is worth.

Getting experienced legal representation is crucial for protecting your long-term interests. It’s also essential to your drive for justice after your drugged-driving accident in central Pennsylvania. At Schmidt Kramer, we have worked with hundreds of impaired driving car crash victims with cases similar to yours.

Give us a chance to explain our approach in a FREE, confidential meeting with one of our Lancaster car accident lawyers. Use the online contact form on this page or call our toll-free number at (717) 888-8888 any time to get started. We can explain your legal rights in understandable terms and help answer the questions that have been keeping you awake at night.

We’re sorry to hear about your troubles. The fact is, though, that this is a fairly common occurrence. Despite Pennsylvania’s no-fault car insurance law, we regularly hear from clients who have been given the run-around. They are sent back and forth between their own insurance carrier and the other guy’s insurer. They are told that their medical benefits won’t be enough to cover their injuries, or they are promised checks that never arrive.

Your first instinct is correct: it’s important to speak with a car accident lawyer as soon as you start getting resistance from the insurance company. Your attorney will schedule a FREE meeting for you to explain what has happened to you. This will allow him the chance to determine what legal action is necessary to get you the compensation you deserve. In some cases, it may be enough to ask a court to force the insurance company to pay its full contractual obligations under your insurance policy; in other cases, you may need to file a lawsuit against the business or person whose negligence caused your injuries.

Step by step through the Pennsylvania civil justice system

Typically, after you hire a Harrisburg auto accident lawyer, the following actions will happen:

• The attorney will conduct an initial investigation of the case. Your lawyer will continually update and refine his understanding of your case as time goes on.
• Your attorney will send a letter to the insurance company. Depending on the situation, maybe the letter will go to the negligent driver who hurt you. This demand letter will request immediate compensation for the injuries you have suffered.
• The demand letter is answered. Sometimes—now that the insurance company knows you have legal representation—that will be enough to force open its pocketbook. More often, lawyers for the other side will call your lawyer and begin negotiations over a possible settlement. These negotiations will continue from this point onward; both sides may come to an agreement at any time.
• Your lawyer will file a lawsuit if the other side fails to meet your demand.
• Discovery begins. What lawyers call the discovery process is a fact-finding exercise. Both sides are given access to documents that may prove useful in developing a case, such as police reports and medical records. Interviewing potential witnesses is also a crucial part of discovery.
• The case goes to trial. It may take several months before your case actually reaches the courtroom, and settlement negotiations will continue separately all the time. The judge and jury will hear testimony and examine physical evidence during the trial. When both sides have completed their presentations, the jury will deliberate and decide what compensation—called damages—your injuries merit.

Get the legal representation your case needs after a Pennsylvania traffic accident

Many personal injury attorneys never step foot in a courtroom. They prefer to negotiate a quick settlement, collect a fee, and move on to the next case.

That’s not how we work at Schmidt Kramer. We’re committed to getting you the best available conclusion to your case, and we’re not afraid of the judge and jury, or intimidated by the lawyers on the other side. Give us a call at (717) 888-8888 toll-free when you’re ready to schedule your free, confidential case review. Just for calling, we’ll send you a FREE copy of our informative report, Who Pays the Bills When You Are Injured in an Automobile Accident?

They say a picture is worth a thousand words, but in the case of a car accident, we’d venture to guess that it says a lot more. In the heat of the moment, minutes after your collision, you may not be thinking or speaking clearly to give a reliable and accurate report to the police. Your camera, on the other hand, remains a silent and accurate witness, regardless of the situation.

At the scene of your accident, you will likely see the responding police officer writing an accident report and taking pictures. While you will be able to access these photos for your case at a later date, it is absolutely crucial that you take your own photos of the crash. Your attorney will be able to use these pictures to help build a solid case in your favor, which will be important as you move through the claims process.

The Key Things to Keep in Mind While Snapping Photos

The purpose of these photos is to provide clear evidence of what happened in your car accident. You don’t need to be a professional photographer to take compelling and informative pictures—in fact, the camera on your phone is preferable to a regular camera, as it can tag each photo with a date and time.

When taking pictures, try to capture the full story of the accident scene. Even minor details can be critical to your case, so leave nothing out. Be sure to take several pictures of key evidence (such as the vehicles involved and scene) from different angles and distances to capture as much information as possible.

What to Photograph At Your Accident Scene

Many people assume that they only need to take photos of the vehicles involved in the crash, but there is a lot more to painting a detailed picture than just the vehicles in question. Below is a list of a few of the things you will want to include in your photos:

• Damage to your car, property, and any other cars involved
• Where the accident took place
• Skid marks related to your crash
• Debris
• Injuries you sustained
• Road conditions
• Weather at the time of the accident

If other important details may have played a part in your accident, such as a concealed stop sign or malfunctioning traffic light, be sure to include pictures of each.

Jot Down Some Notes

As soon as you are able to, write down a detailed account of the accident, and label appropriate pictures. This can help ensure that you have a clear report of what happened, which can help you in the coming weeks and months as you speak with insurance adjusters and your attorney. To learn more about the car accident injury claim process in Pennsylvania, browse our collection of articles on the subject.

Related Links:

• 6 Things You Should Never Say to an Insurance Adjuster
• What You Will Get From Hiring an Auto Accident Attorney

You are driving down I-81 and can barely think with all of the noise coming from the backseat of your car. Your kids are playing on their tablets, and both have the volume turned up as loud as possible. You’ve asked them repeatedly to turn the volume down, but nothing has happened.

With all of this noise—it’s almost impossible to drive safely, and you’re worried that one day you will get into a car accident. Short of leaving the kids at home, you’re not sure what to do.

Minimize Distractions as Much as Possible

Working out a plan with your kids may prevent them from causing distractions that could end in an accident. The following are a few guidelines:

• Minimize television and radio noise. Alert your children that the television, radio, tablets, hand-held gaming devices, or whatever activity they like to play with in the vehicle will be kept to a minimum volume. When you ask them to stop or turn the volume down, they must do so.
• You won’t adjust anything. Looking away from the road to adjust the radio or put in a DVD could cause you to get into an accident. Let your kids know that you won’t adjust anything while you are driving and that they shouldn’t ask you to do so.
• There are no raised voices in the car. Shouting, crying, and talking too loudly can cause you to lose your concentration. Tell your children that they are not to raise their voices while you are driving—create consequences if they do.

If Your Efforts Fail

No matter how safe you drive, you can still become the victim of a car accident. If this happens to you, you’ll want to have the help of an experienced and compassionate legal team to help fight for your rights.

The law offices of Schmidt Kramer want to help. Contact a Harrisburg injury lawyer from our firm today through our website or by giving us a call and find out how we may be able to get you the compensation you deserve.

During the holiday shopping season, traffic in parking lots becomes even more chaotic and confusing than the rest of the year. It doesn’t help that fog, rain, or snow can also make driving more challenging. The number of parking lot crashes in Pennsylvania always spikes in November and December as the onrush of shoppers create more opportunities for accidents.

It is true that most parking lots are private property. Of course, we mean street-level parking lots here, rather than multistory parking structures and garages.

The idea that the law doesn’t apply to private parking lots, though, is just silly. If that were true—if parking lots were lawless zones—then nobody would ever receive a ticket for parking in a handicap-accessible space without the proper authorization, or by parking in a fire lane. If private property rights overruled the public law, then robbery and other crimes would be considered legal in parking lots.

The driver who caused your parking lot auto accident wasn’t correct. Now, he may sincerely believe what he told you; we’ve heard a lot of people claim over the years (incorrectly!) that “private property means the police have no authority.” That’s simply not the case.

This mistaken impression may be due to the unique features of a parking lot. The typical parking lot doesn’t have well-marked traffic lanes or traffic signals, few crosswalks, and other crucial design elements of a street. Police don’t usually patrol parking lots looking for traffic offenders. Taken together, this has led to the common error that police have no authority there.

But let’s just set that aside for a moment. Nobody was hurt when your parking lot accident happened a year ago, and that’s an outcome we can all be happy about. Nevertheless, you are at risk from injury as a driver, passenger, or pedestrian each time you visit a store or shopping center. It’s quite possible you may be involved in a parking lot traffic incident again some time in the future. We want you to remember these three things if that happens:

• Right-of-way rules are still fully enforced in parking lots. Parking lots are not free-for-all zones and parking doesn’t have winners and losers. Don’t let another driver bully you into believing that you can’t hold him responsible for his actions.
• Insurance collision rules still apply in parking lots. You are obligated under your insurance policies to report every car accident. The other driver’s refusal to identify himself or to exchange insurance information may mean he is uninsured. If this ever happens again, try to record the license number and a description of the car that struck you and report the incident to the police immediately.
• The property owner may have liability. If poor parking lot design or inadequate traffic control was a factor in your collision, the property owner may be held responsible for any losses you sustain.

Consulting a car accident lawyer is a wise course after any central Pennsylvania parking lot auto accident. At Schmidt Kramer, we have a sterling record of getting fair compensation for clients in Hershey, Hummelstown, Mechanicsburg, and surrounding areas who have been the victims of parking lot accidents at all seasons of the year. To schedule a free consultation to discuss your case, call our injury law firm today at 717-888-8888 or (717) 888-8888. At your request, we will also send you a FREE copy of our client report, Who Pays My Injury Claim: Understanding Joint and Several Liability?

Drugged driving, or DUID, is a serious criminal offense. A person may be charged with a DUID if he or she meets any of the following criteria while in control of a motor vehicle:

• Has any amount of a Schedule 1 Controlled Substance in his or her blood system
• Has a metabolite—basically the part that causes the physical symptoms—of any Schedule 1 Substance in his or her blood system
• Was under the influence of any one drug that impaired the driver’s ability to drive safely
• Was under the combined influence of alcohol and drugs or more than one drug that together impaired the driver’s ability to drive safely

Any accident that results in personal injury in Pennsylvania has the potential for a civil lawsuit in which the injured person sues the at-fault driver for compensation. When the person responsible for the crash was involved in illegal behavior at the time of the accident, the chances for a sizeable compensation increase. The same accident may result in both a criminal case and a civil lawsuit. Though the two are separate, the information and evidence gleaned from a criminal case may boost your civil lawsuit.

If you or someone you loved has been the victim of a car crash where drugged driving is a suspected factor, then you should consider pursuing a personal injury lawsuit. Your best chance at recouping the most damages is to hire a skilled Pennsylvania car accident attorney who can help you put together a convincing case. For more information or to request a free consultation, we invite you to start a chat with one of our representatives now.

Related Links:

• What You Need to Know About Drugged Driving Accidents in Pennsylvania
• Why a Prescription Means Little in a Pennsylvania Drugged Driving Case

A Harrisburg rollover car crash is just what it sounds like—an accident in which the car rolls over. It is one of the most dangerous types of car wrecks and has a much higher fatality rate than other types of crashes. According to the National Highway Traffic Safety Administration (NHTSA), 2010 fatalities from rollover accidents accounted for more than a third of all deaths from passenger vehicle accidents.

Many events can lead to a rollover crash, such as:

• Swerving and losing control of the vehicle
• Losing control of a vehicle on a slippery surface
• Being hit in the side by another vehicle
• Driving a vehicle into an embankment
• Driving too fast for the weather and road conditions

The likelihood that one of the events listed above will cause a Harrisburg car wreck depends on how fast the vehicle is moving and how the driver handles the vehicle. If the car is moving at a high rate of speed and the driver turns sharply in one direction and then overcorrects by turning sharply in the opposite direction, a rollover is likely to occur.

Rollover accidents have the potential to cause severe injuries or even death. If you have been involved in a rollover or some other serious car accident, a knowledgeable and skilled car wreck lawyer at Schmidt Kramer can help. Give us a call today at (717) 888-8888. We will provide you with a no-obligation case review and help you to understand your legal options.

You may also wish to download a free copy of our book Who Pays the Bills When You Are Injured in an Automobile Accident? for more information.

In an ideal world, yes, it would be best to completely stay off of social media while dealing with a workers’ compensation insurance claim. Your employer or their insurance company may be looking for any small way to invalidate your claim and if you’re not on social media, they can’t twist your words and use them against you.

However, we also know that social media has become so integrated into people’s lives that staying away 100 percent of the time may be next to impossible for some individuals. If you do want to continue using websites like Facebook and Twitter, try not to post anything. If you must post something, certainly do not upload photos that show you being active or doing something your injury would prevent you from doing. Even if you’re doing a “Throwback Thursday” and post an old picture, someone may still try to use that against you. And, of course, do not discuss any details of your case, injury, or how you feel about your employer.

If you do continue to engage on social media websites while you’re receiving workers’ compensation benefits, make sure you take full advantage of the privacy settings these websites offer. Block all of your posts from the outside world and be careful about any new friend requests or followers you receive; you never know who those people actually are.

Tires become separated for a variety of reasons, including manufacturing defects, abuse, and  over-inflation. When a tire separates, its tread becomes detached from the rest of the tire. If this occurs while you are driving, a major accident can take place.

As you were driving to the Sight and Sound Theatre in Lancaster, you watched as a tire on the vehicle next to you began to break apart. Panicking, the driver of the offending car started moving the steering wheel back and forth and side swiped you. He pushed you into the oncoming lane, in which another vehicle struck yours.

Since you don’t want to experience such an incident again, you’ve become very concerned about the condition of your tires. Giving them a thorough inspection allows you to potentially detect any defects that could cause your involvement in a crash.

Signs That Your Tire Could Separate Soon

• Keeping the tire mounted, rotate the tire slowly and look at its lines. They should stay straight as the tire moves. If you notice an area in which the lines appear wavy, you likely have a bubble under the tire which could cause a separation.
• Inspect the tires for warn or bald spots. When the tread is gone, not only is riding unsafe, but it increases your chances of experiencing a separated tire.

Separated tires or those about to separate are not repairable. Instead, they must be replaced. Although tires are often expensive, getting into a collision because of them is even more costly.

The legal team of Schmidt Kramer wants to talk to you about your collision. Give us a call, use the chat feature on our website, or complete the online form. We will do all that we can to help.

We encourage you to share this information with those you care about. You never know—doing so may save a life!