Work-related injuries can often be a life-changing experience. In some instances, the injury may disable a worker and leave them unable to work for an extended period of time. As injured workers can be the primary income source for other family members and dependents, they may also be effected by financial impact of a work injury.
Dennis made this “workman’s comp case” as stress-free as possible.
– Client of Schmidt Kramer
At Schmidt Kramer, our workers’ compensation lawyers have experience successfully handling injured worker lawsuits including a $742,000 award for the family of a trash worker that was fatally injured in a car accident and a $150,000 settlement for a worker that was injured at work while attempting to load a swingset onto a low bed truck.
Attorney Dennis Kergick is a Frackville, PA native that has helped numerous Pennsylvania workers recover compensation and many of the attorneys at Schmidt Kramer have been recipients of The Best Lawyers in America© and Pennsylvania Super Lawyers awards for the past several years.
It’s free to talk to a lawyer at our firm to find out if you have a workers compensation case and there are no upfront fees if you decide to hire us.
Schmidt Kramer. Free Consultation. Ph: (717) 888-8888.
Injured workers that have a lawyer on their side recover more compensation compared to those that do not have legal representation.
Injured workers that hire a lawyer recover more compensation compared to those that do not have legal representation.
After a workplace injury, hiring a lawyer can be an important decision. Some work injuries last a lifetime and having a legal team on your side that understands how such an injury can effect the victim long term, can have a significant impact on the amount of compensation that may be available.
At Schmidt Kramer, our workers comp lawyers have a comprehensive knowledge of Pennsylvania’s workers compensation laws and we have many years of experience building strong cases against employers, insurance agencies and the defense law firms that represent them during litigation.
Our lawyers have your best interests at heart. We carefully review all of the details involved in each case we handle, research and obtain information that may be useful for each specific incident and fight for the rights of our clients.
Have Questions? We Have Answers. Ph: (717) 888-8888.
Workers’ compensation benefits help to provide injured employees with the economic stability they need to recover from a workplace injury.
The Pennsylvania Workers’ Compensation Act lists several benefits available to injured workers, including:
Employees are entitled to receive compensation for any reasonable or necessary medical treatment once their workers’ compensation claim is approved. Benefits include doctor visits, surgery, medications, medical equipment, lab tests, or any other related health care expense. Injured workers are not required to pay a fee or co-pay for medical care related to a workplace injury.
Employees can be compensated for a portion of their lost wages. However, you must be disabled for more than seven days to receive lost wages. These will cover lost wages from the eighth day forward. If you are disabled for 14 or more days in a row, you can receive compensation for the first seven days you were disabled.
However before receiving any compensation, you must provide medical proof from a doctor confirming any injuries, whether he or she can return to work, or any restrictions preventing him or her from doing your type of work.
You should begin receiving lost wage payments within 21 days from when you started missing work because of your injuries.
There are two main types of disability benefits: total disability and partial disability.
Total disability benefits are paid to workers who are completely disabled and unable to work. For example, if you are suffering from a permanent work-related injury making you unable to return to work at all, there is no time limit on the duration of compensation. You may be able to obtain compensation equal to two-thirds of your average weekly wage.
On the other hand, partial disability benefits are paid to workers who are able to return to work but are now earning less after their injury. For example, if you are suffering from a partial disability and unable to work at full capacity, you may be able to obtain benefits for up to 500 weeks. You may be able to obtain compensation equal to two-thirds of the difference between your earnings pre-injury and earnings post-injury.
Most full-time and part-time employers in the state of Pennsylvania are required to carry workers’ compensation insurance for workplace injuries. The insurance covers employees from the first day on the job until their last day of employment. Coverage typically includes medical expenses, a portion of your lost wages and compensation for any permanent impairment.
According to this guide to the Pennsylvania Workers’ Compensation Act, a work injury is any type of injury, medical condition or occupational disease caused by an employee’s job (Section 301(c)(1)). Other qualifying injuries include pre-existing health conditions that are aggravated by a person’s occupation.
If you are injured at work, you should immediately inform your supervisor or boss, even if you think it is minor enough that you do not require medical care. Pennsylvania law requires that you tell your employer about a job-related injury within 21 days of it happening. However, failing to report an injury within 120 days means you will lose your right to collect on any benefits.
Under workers’ compensation law, an employer and its insurance company have 21 days after receiving notice of the injury to accept that an injury was caused by a work-related incident and offer compensation or deny the claim entirely and not issue compensation. The insurance company can also extend the deadline up to 90 days. However, it must pay you temporary disability benefits in the meantime.
If your claim is denied by the insurance company, you can appeal the decision by filing a claim petition with the Workers’ Compensation Office of Adjudication. You can file the petition online using the workers’ compensation automation integration system.
For the majority of work-related injuries, including occupational diseases, you must file a petition within three years of your accident or injury, otherwise you lose the right to do so. If you were receiving benefits, you must file a claim petition within three years of the last payment you received from the insurance company.
After filing a claim petition, it is generally assigned to a workers’ compensation judge based on the county you live in. A Notice of Assignment is then issued, informing all parties of the judge assigned on the case. A workers’ compensation hearing is scheduled next, notifying all parties as to the exact date, time and location of the hearing.
Once at the hearing, a workers’ compensation judge listens and obtains evidence from all parties involved in the case. The number of hearings held can be extended depending on the amount of medical evidence and eyewitnesses involved.
After all the evidence has been submitted, a decision is rendered by the workers’ compensation judge. This decision is written out and given to all parties after the case is closed. No further action can be taken unless either party decides to file an appeal. The deadline to file an appeal with the Workers’ Compensation Appeal Board is 20 days from the date the judge’s decision is issued out to all parties involved.
If the decision made by the Workers’ Compensation Appeal Board is also unsatisfactory, either party may file an appeal with the Commonwealth Court. The deadline to file is 30 days from the date of publication of the Workers’ Compensation Appeal Board’s decision.
The last attempt to appeal a case is directly with the Supreme Court. The deadline to file for either party is 30 days from the date of publication of the Commonwealth Court’s decision.
It is in your best interest to consult with a Lancaster workers’ compensation lawyer who understands the claims process and can help evaluate your case. The attorneys at Schmidt Kramer have detailed knowledge of these laws and how to apply them to the specifics of your case. We can manage every step of the appeals process as we fight for the compensation you deserve.
Complete a Free Case Evaluation form right now.
Some of the most common types of workplace accidents that result in workers’ compensation claims include:
Contact a workers’ compensation lawyer in Lancaster today by calling (717) 888-8888.
An injury can be caused by a specific workplace accident such as a fall, overexertion, or the repeated stresses of the job itself.
These are injuries that happen unexpectedly or unintentionally while at work. These can include:
These are injuries caused by certain factors in the workplace that directly lead to a chronic illness or disease over a period of time. This can include:
There are also injuries caused by overexertion, which refers to repetitive activities that put a strain on the body. These repetitive activities could include lifting, pulling, pushing, holding, turning, carrying or throwing things.
If you or someone you know has been injured at work, you need someone on your side who understands your rights and legal options to obtain adequate compensation.
Our Lancaster workers’ compensation attorneys will conduct a detailed investigation to determine all the damages you suffered as a result of a workplace injury. We understand how valuable compensation can be as you attempt to move forward with your life.
If you have suffered a workplace injury, it is in your best interest to seek legal representation. Most employers and their insurance companies only have their best interest in mind, leaving you struggling financially and emotionally after a workplace injury. An experienced workers’ compensation attorney in Lancaster can manage every step of the process, allowing you to worry less and focus more on your recovery.
At the law offices of Schmidt Kramer, our team of Lancaster workers’ compensation attorneys has detailed knowledge of Pennsylvania workers’ compensation laws to help you with your claim and fight for the compensation you rightfully deserve.
Schedule a free, no obligation consultation today and learn about your legal options. We do not charge any fees or costs unless we are successful in recovering compensation for you.
Call (717) 888-8888 or complete a Free Case Evaluation form.
Motorcycle accidents often cause catastrophic injuries that can make the lives of injured riders much more difficult – physically, financially and psychologically. Schmidt Kramer’s Lancaster motorcycle accident lawyers understand the challenges that riders may face after a serious crash and can help to recover financial compensation from the at-fault party.
Your firm did a great job on my case, and I will make sure to recommend you in the future.
– Client of Schmidt Kramer
When motorcycle accident victims have legal representation, they stand to recover more financial compensation from their claim compared to those that do not hire a lawyer. At Schmidt Kramer, we have experience successfully handling motorcycle crash cases and charge no upfront fees if we take on your case.
We have recovered millions in compensation for victims of many types of personal injuries and our award winning legal team is led by our founding partner Charles E. Schmidt, Jr. – a lawyer with decades of experience that is also a former member of the Board of Governors for the Pennsylvania Association for Justice.
For a free consultation with a lawyer at our firm, call (717) 888-8888 today or fill out our “Free Case Consultation” form and a member from our legal team will contact you shortly.
Schmidt Kramer – No Upfront Fees.
Sometimes the insurance company refuses to offer a fair settlement for an injury victim’s damages. In these situations, our motorcycle accident attorneys in Lancaster may be able to file a personal injury lawsuit.
However, you may have limitations on the types of damages you can pursue, based on the type of car insurance you chose. Pennsylvania offers all drivers the choice between full and limited tort insurance coverage.
If you chose limited tort coverage, you can file a lawsuit, but you cannot pursue compensation for pain and suffering. The only exception to this regulation is if you suffered a serious injury that causes serious disfigurement or impairment of a bodily function. Our Lancaster motorcycle accident lawyers have detailed knowledge of the Pennsylvania statute that defines serious injuries.
If you chose full tort coverage, you can pursue compensation for all damages you suffered, no matter how severe your injuries are.
Schedule a free legal consultation today by completing a Free Case Evaluation form.
If we file a lawsuit, we must establish a breach of duty of care to prove negligence occurred. A breach of duty of care is a failure of someone else to act the way a reasonable person would to prevent you from suffering harm.
However, there are some accidents in which the motorcycle rider is also at fault for the crash. For example, maybe you were violating a law at the time of the crash.
In these situations, Pennsylvania’s comparative negligence law will be applied. This law says you cannot recover compensation if you are more than 50 percent at fault for the accident. If you are not 50 percent or more at fault, your total compensation award will be reduced according to your percentage of fault.
For example, if you are 40 percent at fault, your award will be reduced by 40 percent. This means an award of $50,000 would be reduced to $30,000.
This law is typically applied in the courtroom by juries. However, sometimes insurance companies will use it in their attempts to lower the value of your insurance claim.
One way you could be found at fault for your injuries is if you were not wearing a helmet. Under Pennsylvania law, most motorcyclists are required to wear helmets, unless they fit one of these exceptions:
However, you may still be able to obtain compensation if you were required to wear a helmet and were not wearing one, or you were not wearing one that met the requirements from Pennsylvania’s motorcycle operator manual. Our Lancaster motorcycle accident attorneys can review your situation to determine if you are entitled to compensation. We are committed to helping you build a strong case so you are not assigned more fault than you deserve.
Contact us at (717) 888-8888 to find out how we can help you after an accident.
There are many different types of motorcycle accidents that occur on Pennsylvania roadways. Some are caused by the carelessness of the riders themselves.
However, many motorcycle crashes are the result of another driver’s negligence. Some of the most common accidents caused by the negligence of another include:
These are extremely dangerous because the motorcycle and the car that hits the motorcycle are often traveling at high-speed.
These accidents involve a motorcycle that is going through an intersection and a car making a left turn across the motorcycle’s path. The driver of the car may not see the motorcycle and start making the turn. This results in the car crashing right into the motorcycle, which could be traveling at 35 miles per hour or even faster.
Sometimes these accidents occur because drivers do not check for motorcycles. Often drivers do not see motorcycles because they are not used to looking for them.
These are crashes that occur when a car hits the back of a motorcycle that is stopped at a stop sign or red light at an intersection. Even at relatively slow speed, this can be devastating for the motorcycle rider. He or she could be thrown off the bike and suffer broken bones or severe soft tissue injuries, like whiplash.
Some drivers do not check their blind spots before switching lanes, causing them to sideswipe or cut off motorcyclists. If the motorcyclist is unable to slow down or maneuver out of the way, he or she could slam into the car and lose control of the bike. This puts the rider at risk for falling off the bike. If the accident occurs at high-speed, the rider could suffer severe road rash or a traumatic brain injury.
The types of motorcycle crashes above are often the result of many forms of negligence, including:
Our Lancaster motorcycle attorneys can review your situation to see if negligence was involved in your accident. We are prepared to pursue the full value of your damages. We know how valuable compensation can be as you are trying to recover from your injuries.
Complete a Free Case Evaluation form today.
Motorcycle accidents often leave victims with life-changing injuries. Some of the most common injuries from these crashes include:
These injuries can cause physical, financial and emotional damages, including:
Our motorcycle accident lawyers in Lancaster know how to build a strong case as we pursue fair compensation for these and other damages you suffered.
We take cases on contingency, so there is no risk in contacting us. You will not be charged legal fees unless you receive compensation.
Contact a motorcycle accident lawyer in Lancaster today by calling (717) 888-8888.
Like claims involving car accidents, motorcycle accident claims are often resolved by obtaining compensation from an insurance claim.
Pennsylvania is one of the few no-fault states in the nation when it comes to motor vehicle insurance claims. This means victims of accidents must seek compensation from their own insurance policy, even if they were not at-fault for the accident.
Motorcycle riders have the same requirements as drivers of cars when it comes to insuring their vehicles. Under Pennsylvania consolidated statutes, all riders must purchase medical benefits coverage worth a minimum of $5,000.
This covers necessary medical treatment and rehabilitative services, which could include:
You have the option to purchase additional coverage for damages you could suffer in an accident. These coverages include:
You should file an insurance claim as soon as you are able. The longer you wait, the longer it will take to obtain compensation. Waiting to file is also a bad idea because it makes insurance companies suspicious. They may think you were injured from something else besides the motorcycle crash.
Be careful when talking to the insurance company. Provide the basic facts about the accident and nothing else. Do not admit fault or attempt to describe the severity of your injuries. Insurance adjusters want you to say these kinds of things because it may allow them to devalue your claim.
After contacting the insurance company for the first time, you may want to seek legal representation from a trusted Lancaster motorcycle accident lawyer. We can deal with the insurance company on your behalf to defend your rights.
We will handle negotiations with the insurer. We will not settle for any unfair offers because we will determine the full value of your damages.
Our attorneys can launch an in-depth investigation into the crash to determine the role negligence played. This includes taking pictures at the scene, reviewing your medical records, talking to witnesses, and consulting experts to gain a better understanding of the severity of your damages.
Motorcycle accidents are extremely dangerous, as riders are often severely injured. The attorneys at our firm understand the dangers and the types of injuries that can occur.
We can represent you when you pursue compensation through an insurance claim or personal injury lawsuit. We know how to defend your rights throughout the legal process and build a strong case.
There is no risk in contacting us because we offer a free, no obligation legal consultation. If you have a case and you decide to pursue it, we will not charge for representing you unless you are compensated for your damages.
Our goal is to aggressively pursue the fair compensation you deserve. We know how important compensation can be as you attempt to move forward with your life after an accident.
Complete a Free Case Evaluation form today or call us at (717) 888-8888.
If you or someone you love has been hurt in a truck accident, hiring a lawyer can be an important step in the recovery process. Accident victims that have legal representation recover more financial compensation compared to those that do not have a lawyer on their side. At Schmidt Kramer, our Lancaster truck accident attorneys understand the Pennsylvania motor vehicle laws that are often applicable in truck accident cases and we can help to build a robust argument for your damages lawsuit.
Everything was handled to make the whole process easy for me.
– Client of Schmidt Kramer
Our legal team have a proven track record handling commercial vehicle and truck accident cases, including a $2,200,000 verdict for the family of a man that was hit and fatally injured on I-78 by an inexperienced truck driver and a $475,000 recovery for a client that was seriously injured after being hit by a tractor trailer.
We offer a free, no obligation consultation with a lawyer to help determine if you have a case and there are no upfront fees if you choose to hire us.
Schmidt Kramer – Call (717) 888-8888.
Often, truck accidents will involve many parties – not just the truck driver and the victim, which can make it difficult to determine and establish liability in a crash. Ultimately, trucking companies, insurance companies and the legal teams that represent them are committed to reducing the value of accident claims so that any settlements are for the lowest possible amount.
Our trucking accident attorneys understand the challenges that can arise during the litigation of truck accident cases. We have detailed knowledge of the laws and regulations that govern truck accidents cases and claims in Pennsylvania and our legal team will often work to collect the essential evidence that our lawyers may need to help strengthen your case and obtain adequate compensation. This may include investigating the accident scene, obtaining witness testimonials, examining any photos or video captured, recovering any police accident reports and looking for evidence of negligence.
At Schmidt Kramer, our lawyers can take care of the paperwork, making sure your claim is filled out correctly and on time. If the insurance company does not offer a fair settlement, we can also assist in filing a lawsuit on your behalf and pursuing compensation in court.
Contact Schmidt Kramer today. Ph: (717) 888-8888.
There are multiple parties that can be held liable for a truck accident. Victims of these crashes often think the driver is the only person at fault, but there are many parties associated with the truck or its contents who could be liable, including:
Our dedicated attorneys have successfully handled some of the most difficult truck accident cases. Our Lancaster truck accident lawyers can review your case to determine all individuals or entities who could potentially be held liable for your injuries. This will allow us to pursue all the compensation you are entitled.
Complete a Free Case Evaluation form right now.
You have the right to recover compensation for a personal injury caused by a semi-truck or tractor-trailer accident. Our truck accident attorneys in Lancaster can help you pursue compensation for a number of damages, including:
Our truck accident lawyers in Lancaster will conduct a detailed investigation to determine all the damages you suffered and their value. We understand how valuable compensation can be as you attempt to move forward with your life.
Have Questions? We Can Help. Ph: (717) 888-8888.
The statute of limitations puts a specific time limit on the right to file a lawsuit to recover damages after suffering an injury due a truck accident. In the state of Pennsylvania, you have two years from the date of the accident to file a lawsuit against the at-fault party, according to 42 Pa. Consol. Stat. § 5524(2). This applies to personal injury and wrongful death lawsuits caused by the wrongful act or negligence of another party. If you do not file a lawsuit within two years from the date of injury or from the date the injury was discovered, you lose the right to do so.
You may be able to obtain the compensation you deserve through an insurance claim. The driver, trucking company and other entities will have insurance coverage that may provide all the compensation you need. However, the claims process may be unsuccessful.
No matter what happens in the insurance claims process, the statute of limitations will start running once the accident occurs. This is why it is so critical to contact a Lancaster truck accident attorney as soon as possible to get the process started.
The attorneys at Schmidt Kramer understand the time limits that apply to your situation. It takes time to build a strong case that will allow us to pursue the compensation you deserve. We know how to deal with the insurance claims process while being prepared to file a lawsuit if we are unsuccessful.
Fill out our Free Case Evaluation form today to have a Lancaster truck accident lawyer review your claim.
After a truck accident, taking immediate action can help you get a jump start in the legal process. There are several steps you should take after an accident to help protect your safety and potentially improve your chances of obtaining compensation. This includes:
These steps will help you to document what happened and link your injuries to the accident. If you can link your injuries to the accident you may have a better chance of obtaining fair compensation. Obtaining fair compensation can be critical to your livelihood and your ability to move forward with your life.
Our Lancaster truck accident attorneys have the experience and legal knowledge to help you recover the compensation you deserve for your damages.
Complete a Free Case Evaluation form today to get started.
Trucks are not only larger in size, but also longer, heavier and more difficult to control than traditional passenger vehicles. This increases the risk of accidents that could cause severe or potentially fatal injuries.
Our Lancaster truck accident lawyers are experienced in handling numerous types of truck accident cases resulting from:
The bigger the truck, the larger the blind spots. Truck drivers cannot see you traveling in their blind spots and may try to change lanes which can put you in danger of being hit, crushed or forced off the road. Drivers of motor vehicles should avoid driving along the rear and sides of the truck to avoid a collision.
When a truck driver causes a head-on collision with a smaller vehicle, occupants of the smaller vehicle are often killed. If they survive, they are often left with life-changing injuries or severe disabilities. These types of collisions can be caused by fatigued or distracted drivers traveling the wrong way.
A jackknife accident can occur when a truck driver hits the brakes and they lock up, causing the truck’s trailer to swing out to form a 90-degree angle with the cab. Once this happens, the truck driver has no control of the trailer, which increases the risk of an accident.
Overloading a truck or failing to properly secure its cargo can lead to lost load accidents where cargo falls out of the trailer. Lost load crashes can cause multi-vehicle accidents if cargo directly lands on or hits cars or falls onto the road and creates obstacles for oncoming traffic.
These occur when a truck tips over onto its side. These accidents are often caused by speeding, steep inclines or declines, or cutting a curve too fast. These accidents can also occur when truck drivers lose control of their vehicle when trying to veer back onto the road after drifting off the road.
Trucks weigh a lot more than passenger vehicles so they need more distance to come to a stop. If a truck driver is not paying attention, he or she may not have enough time to stop to avoid a hazard or other vehicles that have slowed down. This is why truck drivers need to pay attention and keep a safe distance behind other vehicles.
This is a type of rear-end accident that occurs when a smaller vehicle hits the back of truck, the vehicle can slide underneath the trailer. This is one of the most dangerous and deadliest types of truck accidents that can happen.
If you or someone you love has been injured in a truck accident, an experienced Lancaster truck accident lawyer can help you explore your legal options for pursuing compensation.
Schedule a free consultation today by calling (717) 888-8888.
Most truck accidents are caused by the following types of negligence:
Some accidents could have been avoided if the truck had been repaired or had certain parts replaced. This helps ensure the truck can be operated safely and safety features will work when needed.
Common types of maintenance/repair issues that can cause truck crashes include:
If you believe your injuries sustained in a truck accident were caused by driver negligence or other forms of unsafe driving practices, our truck accident lawyers in Lancaster are ready to help you.
For a free legal consultation, call (717) 888-8888.
The Pennsylvania Department of Transportation has numerous laws governing the trucking industry. These laws are meant to reduce the risk of accidents and keep truck drivers safe.
On all interstates and primary highways, the overall width of any truck load cannot exceed eight and a half feet or a height of 13 and a half feet. The standard width for a truck tractor or semi-truck on state highways is eight feet with a maximum trailer length of 53 feet.
Trucks are often overloaded and exceed weight requirements, which can lead to dangerous accidents. Based on the type of vehicle, the maximum gross weight allowed on a public highway are as follows:
Pennsylvania law also requires any truck towing a trailer to have a combination registration when the trailer is registered in excess of 10,000 pounds. Trailer registration can also be done for one year, five years, or for a lifetime.
The load on any individual truck or combination of vehicles cannot extended more than three feet beyond the front and no more than six feet from the rear, according to Chapter 49 of the Pennsylvania Vehicle Code. Other truck loading limitations include attaching a red flag or red light to the projecting load if it extends more than four feet beyond the rear of the vehicle.
The attorneys at Schmidt Kramer have detailed knowledge of these laws and how to apply them to the specifics of your case.
If you or someone you love has been injured in a truck accident, you may be able to take legal action. it is in your best interest to contact a skilled personal injury attorney who understands what you are going through. You need an attorney who is committed to investigating and building a strong case.
The Lancaster truck accident attorneys at Schmidt Kramer have decades of experience helping injured victims of truck accidents like you and will aggressively pursue all options available to recover any economic and emotional damages you suffered. Partners Charles E. Schmidt, Jr. and Gerard C. Kramer hold professional memberships with the Pennsylvania Bar Association, the American Association for Justice and the Pennsylvania Association for Justice.
Contact our skilled lawyers and schedule a free, no obligation consultation to discuss your claim. There are no contingency fees or upfront costs unless we help you recover compensation.
Call (717) 888-8888 or complete a Free Case Evaluation form today.
Slip and fall injuries can be difficult to validate due to the social stigma that is often associated with them. However, this does not mean that you do not have a valid case. Slip and fall victims that hire a lawyer generally recover more financial compensation compared to those that do not have legal representation.
Thank you so much for the job well done.
– Client of Schmidt Kramer
For more than 30 years, Schmidt Kramer has provided a voice for injury victims throughout Pennsylvania. Our Lancaster slip and fall lawyers understand Pennsylvania’s premises liability laws and use that knowledge to help build a strong argument for your slip and fall case. Our attorneys have also been recognized by numerous, prestigious legal organizations, including Partner Scott Cooper who has been named as a Pennsylvania Super Lawyer every year from 2010-2020.
There are no upfront fees if you choose to hire us and we only get paid when we obtain a recovery.
Call (717) 888-8888 to schedule a free consultation.
If you have suffered a serious injury after a slip and fall accident, you may be eligible to pursue several different types of damages. These may include:
However, as every case is different, it can be difficult to calculate the damages without knowing the details related to your specific incident. For this reason, we recommend contacting a slip and fall lawyer from our firm to help determine if you have a case and if so, the potential value of it.
We offer a free, initial consultation where you can speak to a lawyer at our firm, and there is no obligation to proceed if we determine you have a case.
Our Lancaster slip and fall lawyers must establish that your injury was the result of property owner’s negligence to recover compensation for your damages.
Negligence refers to a failure to uphold a duty of care. A duty of care is a legal obligation to take reasonable steps to keep people safe.
The duty of care is determined by your legal classification when you entered the property. There are several classifications for visitors on a property, depending on the reasons visitors entered the property. These classifications include:
A licensee is someone who has permission to enter the property from its owner for his or her own benefit, such as the property owner’s friend or family member who is visiting the owner for a personal reason.
Property owners have a duty of care to warn the licensee of known hazards that exist on a property or hazards that licensees will not discover on their own. However, property owners are not obligated to inspect their property for hazards that may harm a licensee or fix one that may exist.
If you were injured as a licensee on another’s property, a Lancaster slip and fall attorney can launch a detailed investigation to determine whether the property’s owner adequately warned you about the hazard before your accident.
An invitee is an individual who has been invited to enter the property for the owner’s benefit. This may include a maintenance worker who is conducting repairs on the premises, or a customer in a restaurant or store that is there to shop and financially benefit the property’s owner.
Property owners owe the highest duty of care to invitees and must warn them of any known hazard that may exist on the property. Additionally, the property’s owner must take steps to inspect the property and fix any existing hazard that may harm the invitee.
A property owner can potentially be held liable for an invitee’s injuries if he or she can prove the owner should have known about the hazard and failed to fix it or provide adequate warning of its existence.
A trespasser is anyone who illegally enters a property without the owner’s permission or consent.
In most slip and fall cases, property owners do not owe trespassers a duty of care and do not need to make the property reasonably safe for the trespasser. However, the property owner must refrain from intentionally or willfully injuring the trespasser. This means a property owner cannot intentionally make his or her property dangerous for a trespasser.
However, property owners may still owe a duty of care to children, regardless of whether one is trespassing on the premises. The owner must inspect his or her property to see if there may be any attractive nuisances, such as a swimming pool, that might attract children. If there are any attractive nuisances that the owner could reasonably expect would attract children, the owner must take steps to protect children from potential harm. If a child is injured near a swimming pool and there was no fence around it, the property owner could potentially be held liable.
Proving liability in a slip and fall claim can be difficult, especially if you are unfamiliar with Pennsylvania’s personal injury and premises liability laws. You may need the help of a personal injury lawyer in Lancaster to help you determine if the property’s owner is at fault for your injury. He or she will help you build a case that holds the at-fault party liable for his or her negligence.
Call (717) 888-8888 to find out if you have a slip and fall case.
In some cases, a slip and fall accident victim may have also acted negligently to cause his or her injuries. When this occurs, Pennsylvania uses the standard of comparative negligence to determine the amount of compensation the victim can receive, according to Tit. 42 § 7102.
Under comparative negligence, you may still recover compensation as long as your negligence is not greater than the at-fault party’s. However, you will be assigned a percentage of fault based on your degree of negligence during the accident. The amount of compensation you may receive will be reduced by the percentage you are assigned.
For example, you may file a $100,000 personal injury claim after slipping and falling on a wet surface in a restaurant. However, a court may find that you were warned about a spill in the area, and are 40 percent at fault for your own injury. As a result, your claim will be reduced by 40 percent to $60,000.
Our slip and fall lawyers in Lancaster will be able to explain the amount of compensation you may be entitled to receive during a free, no obligation consultation. We have represented numerous personal injury claims and understand how to accurately estimate the value of your claim.
Complete a Free Case Evaluation form to get started.
If you have been injured in a slip and fall accident and believe you are entitled to compensation, you should not hesitate to take action against the at-fault party.
Pennsylvania imposes a two-year statute of limitations on personal injury claims, including slip and fall accidents, according to 42 Pa. Consol. Stat. § 5524(2).
This deadline begins on the date you suffered an injury from your slip and fall accident. If you do not file your lawsuit against the at-fault party within two years, your case will likely be dismissed and you cannot recover compensation.
Although two years may seem like a long time, you should contact an attorney as soon as possible to find out if you have a case against the at-fault party. Your attorney will need time to build a case against the at-fault party by gathering evidence that establishes the property owner’s fault and using your medical records to create a link between your injury and the slip and fall accident.
During your free, no obligation consultation, our slip and fall attorneys in Lancaster will explain the time limits that apply to your case. We will help you file your lawsuit within the statute of limitations to ensure you have a chance to recover the compensation you deserve.
Complete a Free Case Evaluation form.
When a property owner neglects to maintain his or her property or fails to warn visitors about a known hazard that exists on the premises, it can result in a serious accident, such as:
A slip and fall accidents occurs when you lose your footing on a wet or slick surface. Some of the most common causes of slip and fall accidents include:
A trip and fall accident happens when you trip over an object located in your path and fall onto a hard surface. This may be caused by:
Visitors to a property may be injured in a step and fall accident when they encounter an unexpected hole or hazard in their path. Causes of a step and fall accident include:
If you are able to prove the property owner failed to take reasonable care to remove or warn you about a hazard, you may have a case.
Although a slip and fall accident may seem minor, victims often suffer serious injuries that affect their ability to live a normal and independent life. When this occurs, you should consider contacting an experienced attorney to discuss your right to pursue compensation from the at-fault party.
Schmidt Kramer’s slip and fall lawyers in Lancaster are dedicated to helping victims after being injured in a serious fall accident. We understand how to effectively represent your claim with the at-fault party’s insurance company, and will not settle for any amount of compensation less than what you deserve.
Contact us today to schedule a free, no obligation consultation with a member of our team of skilled attorneys. All of our attorneys work on a contingency fee basis and will only charge you if we recover compensation for your claim. There is no risk in finding out if you have a case.
Call (717) 888-8888 to get started today.
The effects of a serious personal injury can last a lifetime. If you have been injured due to the negligence of another person, it’s important to consider hiring a lawyer to ensure that your interests are being protected. Personal injury victims that have legal representation recover more financial compensation compared to those that do not hire a lawyer.
I was satisfied with every aspect concerning my case and my attorney – There is nothing that could be done to make me more happy with my case and my attorney.
– Schmidt Kramer Client
Pursuing compensation can be a complicated, time-consuming process however, the Lancaster personal injury lawyers at Schmidt Kramer can guide you through the legal process and explain your legal options in easy-to-understand terms. For decades we have been protecting the rights of our clients and have successfully handled many personal injury cases including a $10,043,952 verdict for a volunteer firefighter that suffered a serious spinal injury when a barn collapsed and a $1,200,000 jury verdict for the parents of a 5 year old child that suffered a brain injury after he had a tonsillectomy.
Our Lancaster personal injury attorneys have been recognized by some of the most prestigious legal organizations in the nation, including Best Lawyers® and Super Lawyers, and we charge no upfront fees if you decide to hire us.
It’s free to talk to a lawyer at our firm about your potential lawsuit and we are ready to help you today.
Schmidt Kramer. Free Consultation. Ph: (717) 888-8888.
Personal injury victims that have legal representation recover more financial compensation compared to those that do not have a lawyer on their side.
There are also numerous, other benefits to working with a personal injury lawyer, including:
The attorneys at Schmidt Kramer work on a contingency fee basis. This means your consultation is free and you do not owe us anything up front for representing you. We are only paid if you receive compensation. We take a percentage of the recovered funds to cover legal fees and other costs of representing you.
This means there is no risk to you in contacting us and having us represent you in your case. You do not have to worry about how to afford our services.
We have the resources and know-how to conduct a comprehensive investigation of your injury and the circumstances that led to it. This includes:
This will allow us to build a strong case for why someone else is at-fault for your injuries. This will also help us to determine all the damages you suffered and their value.
Our Lancaster personal injury lawyers are skilled negotiators with many combined years of experience. We are prepared to aggressively pursue fair compensation. We will not accept lowball offers from insurers or at-fault parties.
While many cases are resolved through negotiation, sometimes negotiation does not work. That is why our attorneys are prepared to go to court to obtain the compensation you deserve.
We understand you may be nervous about going to court. We are prepared to explain what you need to know about this process so you are prepared.
Your Lancaster personal injury lawyer has detailed knowledge of relevant personal injury laws, such as the statute of limitations and laws on negligence. These laws are very difficult to understand and apply if you are not familiar with them. This is why you need an experienced attorney representing you.
Contact Schmidt Kramer right now by calling (717) 888-8888.
Our Lancaster personal injury lawyers may be able to pursue compensation for various types of damages you suffered from your injuries, including:
These are all the damages that have a specific dollar amount attached to them. In other words, when your attorney is calculating the value of economic damages, he or she will be able to determine the exact monetary value. These damages have receipts or bills that can be used to calculate the amount of compensation you are owed.
Economic damages include:
Your personal injury lawyer in Lancaster can pursue compensation for all medical expenses from the treatment of your injury, both now and in the future. This includes:
Make sure to keep all receipts or bills for treatment you receive for your injury. This will allow your attorney to determine the full cost of your medical bills.
Injury victims are often physically unable to work after their accident. You may also need to miss work to attend appointments with doctors or receive physical therapy or other treatments. This may cause you to lose income if you are not being paid when you are not working.
Fortunately, your attorney can pursue compensation for all wages lost as a result of your injuries. Your attorney will help you obtain the necessary documentation to prove you missed work and determine the full cost of your lost wages. This is often done with a letter from your employer noting the times you missed work, why you were not at work, and your regular rate of pay.
Some injuries are so severe that they affect you for a long time. When this happens, you may not be able to work as much or in the same capacity as you did before. This is often the case when you have physical limitations from your injury and your job requires physical labor.
In some cases, injury victims must work in a different field because they can no longer do the job they once did.
Your Lancaster personal injury lawyer may be able to obtain compensation for loss of earning capacity as a result of your injuries. This is intended to make up for the income you would have earned if you had not suffered the injury.
If your personal property was damaged in the accident, we may be able to pursue compensation to repair or replace the fair market value. This is often an important part of a car accident claim, as your vehicle may have suffered damage in the crash. A Lancaster car accident lawyer can help you determine the full value of the damage so you can be fairly compensated.
Some personal injuries make it difficult or impossible to do certain activities around the house. For example, some injury victims are forced to hire someone to do household chores, take their kids to school or pick up groceries.
If this happens, be sure to explain the situation to your Lancaster personal injury attorney. He or she may be able to obtain compensation to cover the cost of hiring help. You may also be entitled to compensation for the cost of making repairs to your home to accommodate your physical limitations.
This covers damages that do not have a monetary value attached to them, such as physical, emotional or psychological issues caused by your injuries. This includes:
Compensation is rarely awarded for punitive damages. You can only obtain compensation for punitive damages if you are able to prove the at-fault party engaged in willful, wanton or malicious conduct. In other words, you must be able to prove the at-faulty party’s conduct was intended to cause you harm.
Our Lancaster personal injury attorneys are committed to pursuing compensation for all the damages you suffered. We are prepared to launch a comprehensive investigation to determine the full value of your claim. We know how valuable compensation can be as you attempt to move forward with your life.
Call the firm today to schedule a free legal consultation. (717) 888-8888.
Many states impose limits on the amount of compensation injury victims can recover in a personal injury lawsuit. Pennsylvania does not impose caps on compensation except in specific types of cases.
For example, there are limits on compensation if you are filing a lawsuit against a government agency or employee acting within the scope of his office or employment (Chapter 85 of Pennsylvania Consolidated Statutes). According to Pennsylvania Consolidated Statutes § 8528, damages from the same cause of action or series of causes of action cannot exceed $250,000 for each at-fault party or $1,000,000 combined for all at-fault parties.
This section also limits the types of damages that are recoverable:
The Lancaster personal injury attorneys at our firm have in-depth knowledge of limits on compensation. Our goal is to obtain all the compensation you deserve, up to the limits imposed by law.
Contact Schmidt Kramer right now by completing a Free Case Evaluation form.
There is a deadline for filing a personal injury lawsuit, also called a statute of limitations. You should contact a Lancaster personal injury attorney as soon as possible to ensure your lawsuit is filed before the deadline passes. Once the statute of limitations expires, you lose the right to file a personal injury lawsuit.
Pennsylvania’s statute of limitations for personal injury lawsuits is two years from the date negligence occurred. For example, if you were involved in a car accident, you would have two years from the date of the accident to file a lawsuit. This statute applies to any other type of personal injury lawsuit, such as lawsuits over the following:
You might be thinking that this statute will not matter because you are planning to pursue compensation through an insurance claim. However, sometimes insurance claims are unsuccessful. Insurance companies could refuse to settle or offer less compensation than you deserve.
The statute of limitations will be running while you and your Lancaster personal injury lawyer are pursuing compensation. The insurance claims process can take several months or more to complete. If you are unable to obtain fair insurance compensation, you will have less than two years to file a lawsuit.
There are a few exceptions to the two-year statute of limitations. If one of these applies to your claim, you may have more than two years to file a lawsuit:
There are times when personal injury victims are unaware they were injured or were victims of negligence. For example, maybe you were injured in a slip and fall accident but you did not know or have reason to suspect the property owner was negligent.
In these types of situations, the statute of limitations will not start running until the date you know or should know you were a victim of negligence. This could give you a few extra weeks, months or possibly years to file a lawsuit.
If you were a minor when your injury occurred, the two-year statute of limitations will not start running until you turn 18 years old. This means you have until your 20th birthday to file a personal injury lawsuit.
The defendant is the at-fault party in a personal injury case. If this person moves out of state for at least four months when the statute of limitations is running, the period when this person is out of state will not be counted toward the two-year statute of limitations.
Schmidt Kramer’s personal injury lawyers in Lancaster have many years of combined experience pursuing personal injury cases. We know how to determine when the statute of limitations for your case ends. We can ensure your lawsuit is filed before time runs out.
Contact us today by calling (717) 888-8888.
The steps you take after a personal injury could help or hurt your chances of recovering compensation. This is why you have to be careful what you say and do after a personal injury.
Some of the things you can do to help build and preserve your case include:
Your health is your first priority after suffering an injury. You need to be thoroughly examined by trained medical professionals to identify all of your injuries and begin treatment.
If you are severely injured at the scene, an ambulance will probably arrive at the scene to transport you to the hospital. If you are not incapacitated after the accident, take yourself to the hospital or have a friend or family member take you there.
Starting treatment is not only important for your health, it can help connect your injury to the accident. If you wait to seek treatment, insurance companies and lawyers for the at-fault party will argue that your injury was caused by something other than the accident. Waiting to seek treatment can make the entire process more difficult than it needs to be.
If you are able, try to collect evidence from the scene of the accident after your injury occurs. You should only do this if you will not be putting yourself in danger or aggravating your existing injuries.
For example, if you were involved in a car accident and it is safe to get out of your car and take pictures, you should do it. Take pictures of your injuries, the place where you were injured and any obstacles or hazards that contributed to your injury.
If you see any witnesses, talk to them about what happened. Write down their comments and their contact information so you or your attorney can contact them in the future.
If your accident is covered by insurance, you should file a claim right away. Insurance companies often have deadlines and you do not want to lose the chance to pursue insurance compensation.
Provide the basic facts about the accident, such as when and where it occurred. Explain that you are seeking medical treatment but do not attempt to identify your injuries or describe the amount of pain you are feeling. The insurance company can obtain that information from your medical records.
It can be dangerous to provide too much information right away. The insurance company will try to use anything you say against you so it is best to stick to information that will not hurt your chances of recovering fair compensation.
You should always stick to the doctor’s orders on your treatment. Many personal injury cases fall apart simply because accident victims decide not to continue treatment. Simply failing to continue treatment can invalidate your claim and eliminate your chance of obtaining compensation.
Following the treatment plan means taking the medications you are prescribed, avoiding physical activities you are told to avoid, going to appointments, completing physical therapy and doing the tests that are requested. Finishing treatment may seem exhausting, but it will pay off if your claim is successful and you are compensated.
You should strongly consider working with a personal injury attorney in Lancaster. He or she can work with you on every aspect of your case to pursue full compensation for your damages.
Fill out a Free Case Evaluation form today.
Each personal injury case is unique, but no matter what type of case it is, you must prove negligence to be able to obtain compensation. There are different requirements for negligence depending on the type of case, but generally your Lancaster personal injury attorney will need to prove these four things to have a chance of obtaining compensation:
Contact a Lancaster personal injury lawyer today.
It is possible that your actions played a role in your injury. If this happens, your case will be governed by Pennsylvania’s comparative negligence law. This law says you cannot recover compensation if your percentage of fault is greater than 50 percent.
If your percentage of fault is less than 50 percent, your total compensation award will be reduced by your percentage of fault in the accident. This means your award would be reduced by 30 percent if you were found to be 30 percent at fault.
Our attorneys will work to build a strong case to try to ensure you are not assigned more fault than you deserve. We do not want you to lose compensation because you are being unfairly blamed for what happened.
Schedule a free consultation today by calling (717) 888-8888.
Have you suffered a personal injury that you believe was caused by someone else’s negligence?
You should contact an attorney to discuss your situation. You may be entitled to compensation for the damages you have suffered, including lost wages, pain and suffering, and medical bills.
The attorneys at Schmidt Kramer can manage every aspect of the legal process, as we pursue all the compensation you deserve. We offer a free consultation and will not charge for representing you unless we obtain fair compensation.
Fill out a Free Case Evaluation form or call us at (717) 888-8888.
Dog bites can not only cause victims to sustain serious injury and physical pain, but they may also create life-changing psychological issues due to the fear and anxiety that victims may experience following the attack.
Everything was handled to make the whole process easy for me.
– Client of Schmidt Kramer
The Lancaster dog bite lawyers at Schmidt Kramer are aware of the challenges that may arise for victims following being attacked by a dog, including large medical bills, physical and emotional pain, rehabilitation costs and more. As a dog bite victim in Pennsylvania, you may be eligible to pursue compensation for the damages you suffered. Our attorneys have detailed knowledge of Pennsylvania’s dog bite laws and can help to build a robust argument for your dog bite case.
With a proven record of success, we charge no upfront fees if we take on your case and it’s free to talk to a lawyer at our firm to find out if you have a case.
Complete a Free Case Evaluation form today.
Dog bite victims that hire a lawyer generally recover more financial compensation compared to those that have no legal representation.
In many cases, insurance companies and their defense lawyers will also become involved in the legal proceedings. At Schmidt Kramer, we can handle their inquiries on your behalf and ensure that your rights as a victim are being protected.
We have many years of experience handling cases against insurance companies and use our knowledge to build a strong argument for your dog bite case.
Some dog bite claims are settled through insurance claims. For example, you may be able to obtain compensation from the dog owner’s homeowner’s insurance.
However, sometimes you need to file a lawsuit to obtain the compensation you deserve. Pennsylvania law places a time limit on filing a lawsuit for personal injuries, including injuries caused by dog bites.
Pennsylvania’s statute of limitations for personal injuries is two years from the date of the injury. This means if you do not file a lawsuit within those two years, you lose the right to file a lawsuit.
This is why it is so important to contact a dog bite lawyer in Lancaster as soon as possible after a dog attack. This gives your attorney plenty of time to prepare a case and ensure it is filed before the statute of limitations expires.
Fill out a Free Case Evaluation form or call (717) 888-8888.
Dogs are often friendly, but when they attack they can cause severe and potentially life-changing injuries. Children and the elderly have a particularly high risk of suffering serious injuries. Children are smaller and weaker than adults and the elderly are weaker and have more brittle bones.
Some of the common injuries that often result from dog bites include:
These injuries often require extensive, long-term treatment, including surgical procedures, prescription and over-the-counter medication, testing such as MRIs and CT scans, and meeting with a therapist.
If you can prove the owner is liable, you may be entitled to compensation to cover these medical expenses and other damages caused by the attack. This could include physical and emotional pain and suffering or lost wages if you miss work because of your injuries.
Contact a Lancaster dog bite lawyer today by calling (717) 888-8888.
Dog bite victims not only feel shock and physical pain, but they may also be unsure of what to do next. A dog attack is a very stressful experience so it can be difficult to think clearly and determine the proper actions to take.
Many victims do not understand that their actions immediately after the attack can help or hurt their chances of obtaining compensation for damages.
This is why dog bite victims need to take steps that can help ensure their health and safety and preserve their legal claim. These steps include:
Your health and safety needs to be the first priority after suffering a dog bite injury. No matter how minor you think your injuries are, you need to go the hospital or a doctor’s office to be thoroughly examined. A trained medical professional can identify all of your injuries, their severity and appropriate treatment.
Seeking medical care right away is also important because it helps to link your injuries to the dog attack. Your medical records will note that your injuries were caused by a dog attack, which will be an invaluable piece of evidence when you pursue compensation.
If you wait to seek treatment, it looks suspicious to juries and insurance companies. They will be more likely to think your injuries were caused by something else, making it more difficult to obtain fair compensation.
If you are physically able to do so, collect evidence from the scene. This includes taking pictures of the scene and your injuries, writing down the location of the attack, the dog owner’s name and contact information, contact information for eyewitnesses and a description of what they saw, along with your recollection of what occurred.
It is important to collect this information soon after the attack. As time passes, you will have a more difficult time remembering what happened. The same is true for any witnesses to the attack. Once you leave the scene, damage to the area or other traces of the attack could be cleaned up or removed so it will never look the way it did right after the attack.
When taking pictures, make sure to photograph your injuries and any damage to your clothes, such as tears or blood stains. You should also take pictures of any damage to the scene, such as blood on the grass or sidewalk or damage to the grass or dirt from the attack. If you fell into a fence or other object on the owner’s property during the attack and it was damaged, make sure to take pictures.
When you receive treatment, the doctor will give you a treatment plan to help ensure your continued recovery. This may include taking prescription medication, avoiding certain activities, changing bandages, attending follow-up appointments or meeting with specialists.
Following the doctor’s instructions is not only important for your health, it can also help demonstrate the seriousness of your claim to insurers and juries. If you stop treatment, it could invalidate your claim, or the insurance company could argue you are not actually hurt.
After you receive treatment, you should strongly consider contacting a licensed Lancaster dog bite lawyer for a free legal consultation.
The attorneys at Schmidt Kramer can determine all of your legal options. We are committed to pursuing fair compensation for all of the damages you have suffered. We can manage every aspect of the legal process. This includes communicating with the insurance company, negotiating compensation, calculating the full value of your damages, and keeping you informed throughout the process.
Schedule a free, no obligation legal consultation today.
In some states, dog owners cannot be held liable for bites or attacks unless their dog was known to be vicious or dangerous. However, Pennsylvania follows a strict liability standard, which means owners can be held liable whenever their dog attacks someone, even if the dog was not known to be vicious or dangerous.
The only exceptions to the strict liability standard are for trespassing or provoking the dog. Owners cannot be held liable if they can prove the victim provoked the dog or was trespassing at the time of the attack. Provoking the dog could include tormenting, abusing or assaulting the dog.
In strict liability cases, the injury suffered by the victim will be classified as severe or non-severe. A severe injury is one that causes broken bones or disfiguring lacerations that require multiple stitches or cosmetic surgery. If you suffered a severe injury, you can pursue a claim for medical bills, legal fees, emotional trauma and lost wages.
However, if your injury is considered non-severe, you can only pursue compensation for medical expenses created by your injury.
The Lancaster dog bite attorneys at our firm have detailed knowledge of how to establish liability for your dog bite. We are committed to pursuing fair compensation for the damages you suffered.
Complete a Free Case Evaluation form today.
If a dog attacks you, it may be deemed a dangerous dog under Pennsylvania law. Pennsylvania’s dangerous dog law defines a dangerous dog as one that meets the following two criteria:
The dog has done one of the following things:
The dog has either of the following:
Once an owner’s dog has been deemed dangerous, the law imposes certain responsibilities, including:
If the owner does not uphold these requirements and it results in a person being injured, the owner may be held criminally liable.
The owner could also be held liable for the damages suffered by the victim under the theory of negligence per se. Under this theory, owners can be held liable for violations of statutes and regulations when those violations cause harm to someone else. A violation of a statute or regulation is considered a breach of the duty of care. A breach of the duty of care is a failure of someone to act the way a reasonable person would if he or she was in a similar situation.
The dog bite attorneys in Lancaster at our firm can review your situation in a free, no obligation legal consultation. We will not charge for our services unless you receive compensation.
Call Schmidt Kramer today at (717) 888-8888.
Some dogs are more aggressive than others, but there are steps you can take to reduce your risk of an attack. There are also things you should emphasize with your children to help lower their risk of an attack, since they are particularly vulnerable to severe injury if they are bitten or attacked by a dog.
No matter how many precautions you take, a dog bite could still happen. If it does, contact a dog bite lawyer in Lancaster for a free legal consultation. You may be entitled to compensation for the damages you have suffered.
Call an attorney today for a free legal consultation. Call (717) 888-8888.
Dog bites and attacks can be terrifying experiences that leave you with physical injuries and psychological trauma.
While nothing can change what happened, you may be entitled to compensation for the various damages you have suffered. This is the law’s way of trying to put you back in the position you were in before the attack.
The dog bite attorneys in Lancaster at our firm can review your situation in a free, no obligation legal consultation. This means there is no risk to you in contacting us to determine your legal options.
If we take your case, you will not be charged for our services unless you recover the fair compensation you deserve.
Fill out a Free Case Evaluation form today.
Car crash injury victims recover more financial compensation when they have legal representation compared to those that do not hire a lawyer.
I appreciate all of your assistance during this time of my life. Your firm did a great job on my case…
– Client of Schmidt Kramer
With decades of experience handling auto accident cases, we understand the tactics that insurance companies may use to devalue a claim and utilize that experience to build a strong argument for your auto accident lawsuit. Our legal team have a proven, successful track record of handling auto accident cases including a $950,000 recovery for the family of a 19 year old passenger that was fatally injured after the vehicle that she was in left the roadway and struck a fixed object.
Our Lancaster car accident lawyers charge no upfront fees if you agree to hire us and it’s free to talk to a lawyer to help determine if you have a case.
Schmidt Kramer. Ph: (717) 888-8888.
Auto accident victims often face several difficulties after the collision. This may include suffering a serious injury that requires medical treatment and prevents you from working and earning an income. It may also include interference from an insurance company reluctant to approve your personal injury claim.
If you are interesting in pursuing a damages claim for financial compensation for your injuries and property damage, it’s important to note that car accident victims that have legal representation recover more financial compensation compared to those that do not.
An experienced Lancaster auto accident lawyer will help you with every aspect of the claims process, including:
Pennsylvania is a no-fault state, meaning you will need to file a personal injury claim with your own insurance company after a car accident. However, insurance carriers have teams of lawyers and adjusters who begin reviewing your claim the moment they receive it. The insurance adjuster handling your claim will then decide the amount of money you can receive.
Insurance companies are known to offer accident victims the smallest amount of compensation possible for their personal injury claim. An initial settlement offer may only pay for part of your medical treatment, and will not fully reflect the losses you have suffered.
Our lawyers can work to ensure you are fairly compensated after an auto collision. Your attorney will act as your advocate during the claims process and always act in your best interest. He or she will handle all communications and negotiations with an insurance adjuster to help you receive maximum compensation for your claim.
Your Lancaster car accident attorney will investigate the accident to help you prove the other driver is at fault for the car accident. He or she will help you build a case by:
For qualified legal representation after an auto accident, contact Schmidt Kramer to schedule a free, no obligation consultation. Our Lancaster car accident attorneys are dedicated to defending the rights of injury victims and will not accept a settlement less than what you deserve.
To get started, call (717) 888-8888.
To determine the amount of compensation you may be eligible to receive, your car accident attorney will review several aspects about your claim. This will include the financial losses you suffered after the collision, as well as how your resulting injuries have affected your life.
According to 42 PA Cons Stat § 8528, car accident victims may be entitled to pursue compensation for:
At Schmidt Kramer, our attorneys will be able to determine a fair amount of compensation you may be owed for your injuries. However, there may be several factors that affect the amount of compensation you can receive.
When both parties involved in a Lancaster auto accident are negligent, Pennsylvania uses the law of comparative negligence to determine the amount of compensation the victim can receive.
According to 42 PA Cons Stat § 7102, a court will examine the actions of each party involved in the accident and assign them a percentage of fault. This percentage represents his or her level of fault for causing the accident.
As long as you are less than 51 percent at fault for the accident, you can still receive compensation. However, the amount of compensation you may receive is reduced by the percentage you are assigned. For example, you may file a $100,000 personal injury claim after an auto accident. If you are found to be 30 percent at fault for causing the accident, your claim’s maximum value will be reduced to $70,000.
Personal injury victims may also be awarded punitive damages in addition to their compensatory damages. However, punitive damages are not meant to compensate the victim for his or her injury.
Punitive damages are meant to financially punish the at-fault party for being especially negligent, recklessly indifferent to other’s safety, or intentionally causing the victim harm. Furthermore, a court may award punitive damages to discourage others from acting the same way as the at-fault party in the future.
When a court decides whether punitive damages should be awarded, it must consider the following factors:
To learn more about the damages you may be entitled to pursue, contact Schmidt Kramer’s Lancaster car accident lawyers. We will provide you with a free, no obligation consultation to help you understand the value of your personal injury claim.
Complete our Free Case Evaluation form today.
Pennsylvania is one of the few states in the U.S. that follows a no-fault insurance system for car accidents.
This means drivers who are injured in a car crash must file a personal injury claim with their own insurance company to receive compensation for medical expenses and lost income. Neither driver has to admit fault for the accident in order to receive compensation from his or her insurance company.
However, your insurance company will only pay up to the personal injury protection (PIP) limit you purchased with your auto insurance policy.
PIP coverage is a type of insurance coverage that you are required to purchase when selecting an auto insurance policy. The amount of PIP coverage you choose to purchase will be the amount your insurance company agrees to pay for the damages that occurred during a car accident.
In Pennsylvania, drivers are required to purchase the following minimum amounts of PIP coverage:
Auto accident victims often incur expensive bills for their medical treatment, which often surpass the amount of PIP coverage they purchased. When this happens, you may be entitled to file a personal injury lawsuit against the at-fault party to receive additional compensation. This will depend, however, on whether you purchased the full tort or limited tort option with your auto insurance policy.
When you purchase your Pennsylvania auto insurance policy, you are given the option to choose either full tort or limited tort coverage. This choice will determine if you are allowed to sue the other driver involved in your car accident for additional compensation.
By purchasing full tort coverage, you have the right to file a lawsuit against the at-fault driver involved in your accident. This option provides you the chance to obtain additional compensation for your injury, including compensation for noneconomic damages like pain and suffering.
Additionally, you do not have to prove the extent of your injuries to file a lawsuit and can automatically pursue a claim for all of the financial losses you suffered after the accident.
On the other hand, choosing to purchase limited tort coverage means you give up your right to sue the other driver for pain and suffering. You still have the right to file a lawsuit, but you can only pursue compensation for your medical expenses, lost wages, property damage and other economic damages you suffered.
The only exception to Pennsylvania’s limited tort coverage is if you suffered a serious injury that passes the “injury threshold.” When this happens, you may be able to file a personal lawsuit against the at-fault driver and pursue compensation for all your damages, including pain and suffering. However, the only injuries that cross the threshold are life-threatening injuries that require extensive medical treatment followed by a long and painful recovery period.
To learn more about your legal options if you purchased full tort or limited tort coverage with your auto insurance policy, contact our Lancaster car accident lawyers for a free, no obligation consultation. We will review your policy and the damages you suffered to help you obtain the compensation you need.
To schedule a free consultation, call (717) 888-8888
Before you can receive compensation for a auto accident injury, you must be able to prove it was caused by the other driver’s negligence.
This will require your Lancaster car accident attorney to prove four elements of negligence were present when the auto accident occurred:
Our Lancaster auto accident attorneys will thoroughly review your car accident to help you determine if the other driver is liable for your injuries. However, we will also need to find evidence detailing the at-fault party’s negligence to help support your claim.
This may include the police report conducted by responding law enforcement officers that state which driver caused the accident. Likewise, we will use your medical records and medical history to prove that you suffered an injury as a direct result of the accident.
Complete a Free Case Evaluation form to find out if you have a case.
Pennsylvania imposes a two-year statute of limitations on personal injury lawsuits, including car accident lawsuits, according to 42 Pa. Consol. Stat. § 5524(2).
This is an important legal deadline that begins on the date of the accident. This means you have two years to file a lawsuit against the at-fault party, or else your claim will be dismissed and you cannot recover compensation.
Additionally, insurance companies impose their own deadlines on personal injury claims. It is important that you immediately contact your insurer to inform it about your car accident and any injuries you may have suffered.
To ensure you meet the statute of limitations and any other deadline that may affect your claim, you should immediately consult with a car accident lawyer in Lancaster. He or she will need time to investigate your claim and gather evidence needed to build a case on your behalf.
To find out your legal options after an accident, call (717) 888-8888.
Although a Lancaster car accident lawyer will manage every detail of your case, there are several things you can do immediately after your auto collision to help your case. This includes:
If you are able, try to take as many pictures as you can of the accident scene after the collision. This may include pictures of property damage, such as vehicle damage, broken railings, skid marks on the roadway or debris from the vehicles. You should take pictures of any visible injuries you suffered during the accident.
Pictures can be an important piece of evidence our Lancaster car accidents can use to prove the at-fault party is liable for the accident. However, you should only try to take pictures if you are not seriously injured and are in a safe location.
After a collision, your health and safety should be your main priority. You should always seek medical attention as soon as possible following a car accident, regardless of the collision’s severity.
A health care provider will diagnose any injuries you may have suffered, or discover an injury that was not immediately apparent. Many car accident injuries, such as whiplash or concussions, may display delayed symptoms that are not easily identified at the accident scene. Obtaining medical care immediately after an accident may help you determine the type of treatment you need.
Furthermore, insurance companies may be skeptical or your claim if you wait to seek medical treatment. This may cause an insurer to believe your injuries are not as serious as you claim, and lower the amount of compensation you are offered.
You should always seek medical attention after a car accident to help establish your claim and get the treatment you need to recover from your injury.
Medical records can be an important factor in deciding the outcome of your car accident case. They provide documented proof that you suffered an injury during the accident. Additionally, your medical records may also provide details about the severity of your injuries and the pain and suffering you have experienced since the accident.
You should ask for a copy of any medical record related to your injury or the treatment prescribed by your health care provider. This may include:
If possible, you may want to obtain copies of medical records indicating your physical health before the car accident. This may include copies of your previous physical or blood tests that describe your pre-existing health issues. Our attorneys know how to prove your car accident injuries are unrelated to other medical conditions. Insurance companies often try to say your injuries are unrelated to the accident because of a pre-existing illness.
Many personal injury claims are settled through insurance claims so it is important that you do not hesitate to report the accident. Insurers may have their own deadlines for filling a personal injury claim. If you do not file your claim within this timeframe, your may be denied compensation.
Furthermore, you should be very selective about what you tell an insurer. Only stick to the facts about your accident and do not provide too many details about your injury. You should only explain that you were involved in a car accident and are receiving medical treatment.
If your injury prevents you from working, you should have evidence detailing the wages you lost as a result.
You may need to ask your employer to provide you with copies of previous paychecks, pay stubs, time cards or your employment contract to help us determine your average rate of pay before the accident. We will use this information do determine the amount of income you would have earned had you not been injured in the car accident.
Call (717) 888-8888 to find out if you have a case.
Throughout our experience as car accident attorneys in Lancaster, we have seen victims suffer serious injuries due to another driver’s negligence, such as:
In many cases, a car accident may be a traumatic event that causes victims to suffer severe impairment and debilitating medical conditions. These symptoms may include:
At Schmidt Kramer, we understand the difficulties many people face after being injured in a car accident. That is why our compassionate Lancaster car accident attorneys will help you through every step of your claim. We are prepared to pursue maximum compensation for your injuries and will not accept any amount of compensation that is less than what you deserve.
Complete our Free Case Evaluation form today.
An auto accident can have a serious impact on your life, resulting in costly medical treatment, lost wages, and chronic pain and suffering.
If you or someone you love has been injured in a car accident, contact Schmidt Kramer’s car accident attorneys to find out your rights. We will review the circumstances behind your accident and the injuries you have suffered to determine which legal options may be available for you to pursue compensation.
All of our Lancaster car accident lawyers work on a contingency fee basis. We do not charge upfront legal fees for our services and only require payment if we help you recover compensation. There is no risk in contacting us to find out if you have a case.
Call (717) 888-8888 to contact our qualified attorneys.
Many eligible Social Security Disability recipients have their applications denied by the Social Security Administration. If your SSD benefits application has been denied – or perhaps if you are starting the process and are not sure where to begin, it can help to contact a Social Security Disability lawyer for help.
At Schmidt Kramer, our lawyers have many years of experience handling Social Security Disability applications and have a comprehensive knowledge the application process.
Jessica Mitchell represented your practice and my case. She indeed is a boon to your business and I would not hesitate in the least having her represent me again!
– Client of Schmidt Kramer
After reviewing your claim, we can explain the options that are available to you in simple-to-understand terms and work to have your application accepted.
Our team of Lancaster Social Security Disability attorneys charge no upfront fees if we take on your case and it’s free to talk to a lawyer to help determine if you are eligible to file an application.
Complete a Free Case Evaluation form today.
The Social Security Administration (SSA) officials who review your application for benefits will ask five questions to help them determine if you qualify for disability compensation:
People often assume they will not qualify for disability benefits if they are currently working. However, you can still obtain benefits if you are working, as long as your monthly income is below the limit set by the SSA. The monthly income limit for 2018 is $1,180.
Once the SSA determines you are not making more than the income limit, your application will move on to the next step of the process. If you are not working at all, your application will immediately move to the next step – the Disability Determination Services (DDS) office will review your medical condition.
Social Security Disability is reserved for severe medical conditions that will affect you for at least 12 months or can result in your death. Your condition must place significant limitations on your ability to perform work-related activities, including things like:
If your medical condition does not interfere with work-related activities, the SSA will determine you are not disabled.
If your disability interferes with your ability to complete work-related activities, your application will move to the next step.
The SSA has a comprehensive list of medical conditions in its Blue Book that automatically qualify for benefits. In other words, if your condition meets the criteria in one of the listings, your claim is likely to be approved.
If your condition is not on the list, we will determine if your condition is as severe as something else that is on the list. If it is, your claim is likely to be approved.
If you do not have an impairment on the list, or a similar condition, your claim will move to the next step.
The SSA evaluators will determine whether your condition prevents you from doing your last job or other jobs you held in the past. If the evaluators determine you could still do a job you have done in the past, you will not qualify for benefits.
If the evaluators agree with you that you cannot do the jobs you used to do, your application will move on to the fifth and final step.
Maybe you have a disability that makes you physically or mentally incapable of doing your old job or other jobs you did before your most recent one. However, it may be possible for you to do a different job in another field. Maybe you have skills that could be applied in another line of work. Evaluators will consider various factors to determine if you have transferable skills, including age, education and past experience.
The evaluators will also do an assessment of your physical and/or mental limitations to determine your residual functional capacity, or the level of exertion you are capable of when doing a job. There are various exertional levels, including:
The residual functional capacity assessment also takes other limitations into account, such as the inability to stoop down or remember instructions.
If your functional capacity is for sedentary work and you did that in the past 15 years, the claims examiner may decide you are able to return to your old line of work. The exception is if you have non-exertional restrictions that make it difficult for you to return to sedentary work. Examples of these types of restrictions include memory problems caused by a psychiatric or neurological disorder.
If you cannot perform another type of work, your claim will likely be approved. Otherwise, it will be denied and you must file an appeal to have a chance of obtaining benefits.
The Lancaster Social Security Disability lawyers at Schmidt Kramer can help you at every stage of the appeal process. We are well-versed in the process of appealing a denied claim and what it takes to overturn a denied claim. We will help you gather detailed evidence to prove you have a qualifying condition and you satisfy the other requirements.
Call an attorney right now at (717) 888-8888.
There are numerous conditions that automatically qualify for benefits because they are in the SSA’s listing of impairments. Some of these conditions include:
If you have been diagnosed with one of these conditions and your symptoms fit the criteria in the Blue Book, you may be entitled to Social Security Disability.
Contact one of our Social Security Disability lawyers in Lancaster for a free, no obligation legal consultation. We can help you compile the evidence to try to prove your condition meets the criteria in the listing of impairments.
Schedule a free consultation today by completing a Free Case Evaluation form.
This is one of the most frequently asked questions about Social Security Disability benefits. The answer depends on your average lifetime earnings before you became disabled.
Once you are approved for benefits, the SSA looks at your covered income, otherwise known as the amount of income on which you have paid Social Security taxes. The SSA applies a complex formula to determine your amount of monthly benefits.
The maximum amount of money you can earn in 2018 is $2,788 per month. Most people receive somewhere between $700 and $1,700 per month. However, benefits will be reduced if you are receiving workers’ compensation or temporary state disability benefits. Fortunately, veterans’ benefits will not affect your amount of Social Security Disability benefits.
The amount of benefits you receive is not based on the severity of your disability or your current monthly income, like workers’ compensation benefits.
It is tough to determine how much benefits you are entitled from Social Security. This is why it can be to your advantage to work with an experienced Lancaster Social Security Disability attorney. The lawyers at Schmidt Kramer have in-depth knowledge of how benefit amounts are determined. We will use this knowledge to pursue all of the compensation you deserve.
Contact one of our attorneys today by calling (717) 888-8888.
You may not know that many Social Security Disability claims are denied. Unfortunately, a denial causes some people to give up. They may think that they do not meet the SSA’s requirements – either they have not earned enough work credits or simply are not disabled enough.
However, you may still be able to obtain benefits. Disability Determination Services applies a great deal of scrutiny to each claim because a large number of false or inappropriate claims are often submitted. Unfortunately, this often leads to legitimate claims being denied.
Our Social Security Disability attorneys in Lancaster can help you with every stage of the appeal process. We know what it takes to get a claim approved, including the types of evidence that need to be collected, the types of detail to provide and deadlines for each stage of the process.
When you receive a denial letter, you can file a written request for reconsideration within 60 days. Our attorneys can help ensure your request for reconsideration review is submitted before the 60-day deadline. Requests submitted after that will be rejected, which means you will have to start at the beginning and file another claim.
Your reconsideration requests will be reviewed by a claims examiner and a medical consultant. They will review your application to ensure it was considered in a fair and impartial manner. You can also submit new evidence that was not included in your initial application.
Our Lancaster Social Security Disability lawyers will help you compile additional information to help improve your chances of being awarded benefits.
If the denial is not overturned in the reconsideration review, you will receive a denial letter in the mail. You have 60 days from receiving the letter to request a hearing with an administrative law judge. You have a greater chance of success at this hearing than the reconsideration review.
The judge will question you and any witnesses you bring, such as medical experts. If you are represented by a Lancaster Social Security Disability lawyer, he or she can question witnesses as well.
Another benefit to working with an attorney is that he or she can prepare you to be questioned by the judge. We will help ensure you get across the important points about your case. We can also explain how to be clear and concise and answer the specific questions the judge asks. It is very important to provide direct answers to the judge’s questions. Failing to do so could hurt your chances of recovering compensation.
If the judge does not overturn the denial of your claim, you can request a review by the Social Security Appeals Council. The council will review your case to decide whether it will hold a hearing.
Unfortunately, there are only three reasons the council will decide to review your case:
If the appeals council does not find one of these issues, your claim will be dismissed.
The last option for appealing a denied claim is to file a lawsuit in a U.S. district court. A judge will review your case and can reverse the SSA’s denial if he or she discovers a legal or factual error.
A Lancaster Social Security Disability attorney from our firm can file the lawsuit on your behalf. We have many years of experience drafting complaints and know how to build a strong case to present to the judge. We will prepare you for the courtroom as we know this can be a nerve-racking experience.
Schedule a free, no obligation legal consultation today by calling (717) 888-8888.
The process for obtaining disability benefits is time-consuming, complicated and stressful. This is why many people get discouraged, particularly if their initial application gets denied.
This is one of the reasons you should consider discussing your situation with a qualified Lancaster Social Security disability lawyer in a free, no obligation legal consultation.
We can explain how we will help you throughout the process, including gathering evidence, preparing for hearings, handling all legal filings and anything else that applies to your claim. Dealing with this process alone is a lot to ask when you are dealing with a disability or chronic medical condition.
We take cases on contingency, which means you do not pay us unless you receive disability benefits.
Complete a Free Case Evaluation form today or call (717) 888-8888.