LundyLaw | Injury Law Blog

marvinlundy February 26th, 2010

Buying auto insurance is confusing. Save a few dollars here, and you may cost yourself a few thousand there. Many people unknowingly choose policies that don’t provide enough coverage if they are involved in an accident.

To get the right insurance, you have to understand what you’re buying.  For example, do you know the difference between Full Tort and Limited Tort? How much Bodily Injury Liability Coverage should you have if you live in Pennsylvania, New Jersey or Delaware?

If you don’t know, you’re not alone. Most people don’t know much at all about automobile insurance, so we’ve prepared a short list of terms that you’ll need to know if you need to know.

Full Tort vs. Limited Tort:

Tort law addresses and provides remedies for civil wrongs other than those arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.

So, in short, if you are injured and someone else’s negligence caused you to be injured, tort law covers your ability to recover damages from the negligent party.

When purchasing automobile insurance, you are given two options, one of which significantly limits your ability to make a recovery in the event that you are injured in an accident that wasn’t your fault.

In Pennsylvania, this is known as the “Limited Tort” option. In Pennsylvania, purchasers of the “Limited Tort” option must suffer from a significant loss of bodily function in order to collect for their pain and suffering, leaving themselves exposed in the event that they are badly injured but do not meet the legal definition of a significant loss of bodily function.

LundyLaw STRONGLY recommends that you purchase the ”Full Tort” option.

In New Jersey, this is known as the ”Verbal Threshold” option. It can also be referred to as the “Tort Limitation” option. In New Jersey, purchasers of standard automobile insurance policies who limit their right to sue a negligent driver by electing the “Verbal Threshold” or “Tort Limitation” option can only sue if they sustain a bodily injury that results in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or a permanent injury.

LundyLaw STRONGLY recommends that you purchase the “Zero Threshold” option.

In Delaware, there is no threshold limiting your ability to recover for your injuries, meaning that all Delaware automobile insurance policies carry the equivalent of Pennsylvania’s “Full Tort” and New Jersey’s “Zero Threshold” options. While people often choose Limited Tort or Verbal Threshold to save on their premiums, Lundy Law STRONGLY recommends the Full Tort /Zero Threshold  option.

Why? With a Full Tort /Zero Threshold selection, you retain unrestricted rights to bring suit against the negligent party. With a Limited Tort /Verbal Threshold option, you are not able to recover certain damages, most importantly  payments for  your  pain and suffering.

Bodily Injury Liability Coverage:

These provide benefits to pay claims against the policyholder if he or she is found legally responsible for causing the accident. All states require minimum Bodily Injury Liability and Property Damage Coverage. However, many have minimum limits that can leave you seriously exposed.

Lundy Law STRONGLY recommends that you purchase  liability coverage in the amount of,  at  the very least, $25,000 per person and $50,000 per occurrence , and if you can afford it, you should really be carrying liability coverage in the amount of  $100,000 per person and $300,000 per occurrence.

Why? The reason is that your insurance company will only pay expenses up to the limit of your coverage. If a judgment is entered against you that exceeds the limit, you can be held personally responsible for the difference. On top of that, you are able to purchase what is known as “Uninsured/Under Insured Motorist” coverage equal to, but, not greater than the amount of liability coverage you purchase.

So in other words, in order for you to adequately protect yourself against uninsured and under insured drivers, you must have an adequate amount of liability coverage.

Uninsured/Underinsured Motorist Coverage:

Uninsured Motorist covers benefits to the insured if he or she is injured by a driver carrying no insurance. Underinsured Motorist coverage pays benefits to a policyholder if he or she is injured by a motorist who has inadequate insurance to pay for the property damage, medical expenses and pain and suffering that the claim warrants. Lundy Law STRONGLY recommends that you purchase Uninsured/Under Insured Motorist Coverage in the amount of, at the very least,  $25,000 per person and $50,000 per occurrence ,   and if you can afford it, you should really be carrying UM/UIM coverage in the amount of $100,000 per person and $300,000 per occurrence.

Why? Because statistics show that the amount of uninsured drivers on the road today is at an all time high. Incredible as it seems, you can lose out if you’re in an accident with another motorist who doesn’t have insurance. As well, many people are under insured, leaving you at risk when damages exceed the coverage.

Medical Expense Benefits Coverage:

This coverage typically pays medical, hospital, lost-income and disability expenses on behalf of the policyholder. The minimum amount of Medical Expense Benefits Coverage in Pennsylvania is $5000.  The problem is, in today’s world, if you are hospitalized, $5,000 can disappear in a flash. For this reason, Lundy Law STRONGLY recommends at least and preferably more than $25,000 in Medical Expense Benefit Coverage.

Why? Because with the cost of medical treatment, you can very quickly exceed your coverage, requiring that you pay these expenses out of pocket.

In Delaware, Medical Coverage provided under a Delaware Automobile policy pays 100% of any related medical expenses until coverage is exhausted. There is no fee reduction or co-pay that must be paid. Because coverage pays 100 percent coverage we STRONGLY recommend that you obtain at least $25,000 in coverage.

Summing It Up:

It’s unfortunate, but too many people find out the hard way that their auto insurance is inadequate, putting their family and their financial security at risk.

Don’t let it be you. Check your declarations form, the page from your insurance company that lists your insurance coverage. Remember, you can change your policy at any time. So, if you find that you’re under the limit, call your insurer.

If you have any questions about how much insurance you should buy, call Lundy Law at 215-567-3000 or visit us online at LundyLaw.com.

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• Auto Accident , lundylaw
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marvinlundy March 10th, 2010

Popularity: 3% [?]

• Drug Injury , lundylaw
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marvinlundy March 10th, 2010

Parents, you will want to heed this warning  about lead. You can find more information about preventing lead poisoning in children, by going to the Centers for Disease Control’s (CDC) web site.

The Los Angeles Times (3/8, Worth) reports that, according to a study published in January in the Archives of Internal Medicine, “even small levels of lead exposure may be damaging to children’s kidneys.” After examining “the records of 769 healthy youth ages 12 to 20 with average blood lead levels of 1.5 micrograms per deciliter (well below the 10 microgram ‘threshold’ of concern per the Centers for Disease Control and Prevention),” investigators discovered that “children with levels of just 2.9 micrograms per deciliters had worse kidney function than those with lower levels.” In fact, “with each doubling of lead levels, the filtration capacity dropped.”

Popularity: 5% [?]

• Child Injury , Uncategorized
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marvinlundy March 10th, 2010

The Hartford Courant (3/8) editorialized that Connecticut’s “General Assembly erred in 2004 when it tampered with a law designed to make public such hospital mistakes as inadvertent cuts during surgery or serious falls.” As a result, “the confidentiality provision…now keeps most such mistakes secret,” but “patients have a right to know about hospital mistakes and what steps hospitals are taking to reduce medical errors.” Under draft legislation “to repeal the confidentiality provision,” hospitals would disclose “all reported adverse events…not just those that are investigated.” The Courant concludes that “voluntary compliance and diligent attention to trying to reduce medical errors will work in hospitals’ favor.”

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• Uncategorized
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marvinlundy March 10th, 2010

ABC World News (3/5, story 6, 2:55, Sawyer) reported on how some drug bottles look alike and how the FDA “said it gets thousands of reports of such mix-ups every year.” The FDA’s Dr. Gerald Pan said, “Today’s near-miss, today’s medication error that doesn’t cause harm to somebody could cause harm to someone tomorrow.” ABC noted the name-change for Kapidex (dexlansoprazole) last week, but “that still leaves several hundred sound-alike and lookalike drug combinations to go.”

Popularity: 3% [?]

• Drug Injury , lundylaw
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marvinlundy March 6th, 2010

There are 1.5 million people in the United States who live in nursing homes today. They are among the most vulnerable of us, depending on others for the very basics of life: food, hygiene, safety and medical care.

Unfortunately, not all nursing homes meet an acceptable standard of care. You can prevent nursing home injuries before they occur. This article will provide you with information that you need to evaluate nursing home facilities and to understand your rights.

Nursing Home Responsibilities:

Nursing homes are responsible for ensuring the safety and care of its residents. They must ensure that its residents have secure and clean living conditions, proper nourishment, hygiene and medical care. The following are some instances where a nursing home may be negligent:

• Not providing food or water or failure to prevent malnutrition or dehydration
• Not assisting in personal hygiene
• Not providing safe, clean living conditions
• Not providing adequate treatment and services for incontinent residents
• Not providing appropriate supervision and assistive devices to prevent accidents
• Not providing adequate medical care and acquire and dispense proper medications, as well as failing to ensure that residents are free from serious medication errors
• Not preventing a resident from developing pressure sores; or, if a resident already has pressure sores, failure to provide proper treatment to promote healing

Most residents of nursing homes need assistance with the basics of daily living. Many of these people also have medical needs as well. To maintain this care requires proper staffing, training and supervision.

The majority of nursing homes are for profit institutions, many of which are owned by large corporations.  One of the easiest ways to increase profits is to reduce staffing costs. According to the Department of Health and Human Services, many nursing homes operating in the United States are understaffed to the point where they endanger the welfare of their patients.

So, what can you do if someone you love requires nursing home care? The best thing is to be an informed customer by doing your research. Following are some resources that you can use to help you in selecting a nursing home:

• Center for Medicaid Services
  The Center for Medicaid Services (CMS) publishes a useful guide to choosing a nursing home. It provides useful information on how to find and compare nursing homes, paying for care, resident rights and where to call for help. CMS also provides a five-star rating system to help you compare the quality of a particular institution.

• AARP
  AARP provides a State-by-State Guide to nursing home performance that can provide you up-to-date statistics on local facilities. In addition, AARP provides a variety of insider tips to help you make choices, and a checklist that can help you ask the right questions when evaluating a nursing home.

• Subscription Services
  There are online fee-based subscription services such as Angie’s List, which provide customer-based of reviews of facilities. While these are not officially rated, they can provide useful insight into other’s experiences.

Making a Site Visit:

To really get to know a nursing home, you need to see it for yourself. AARP recommends making an unscheduled site visit to really get a sense of things. If it’s during regular business hours, stop in and ask for the administrator, who should be on site. If not, ask for the next person in charge to show you around. Be sure to ask about the ratio of caregivers to residents or seek a copy of the staffing schedule.

Sights and sounds will be your guide. Look at how the facility is maintained. Is it clean? How does it smell? The smell of urine or feces is a big red flag that says go elsewhere. Also, visit the bathroom. What you really want to check out is the hot water. A common complaint is the lack of hot water, especially in larger homes.

Beyond this, observe how the staff interacts with residents. Do the residents seem happy? Do they seem engaged, or are they just sitting around in wheel chairs? Is anyone calling out repeatedly without being answered or attended to?

What is the quality of the food? Do the residents like their food, or just leave on trays? Hang around during meal time. Many nursing home residents require assistance with eating their meals. Is there enough time feed all the residents, or is staff rushed?

Conducting a thorough visit and knowing what to look for can help you to make an informed choice.

Detecting Abuse:

Even with the most carefully planning, abuse can occur. Your loved ones won’t always tell you about abuse. In some cases, they may unable to due to physical or mental limitations. In other cases, they won’t discuss the abuse because they are afraid it will become worse, or they don’t want worry you. You need to know the signs of abuse. These may include:

• Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing
• Bedsores or frozen joints
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained, or bloody underclothing
• Sudden changes in behavior
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff not allowing resident to be alone with visitor
• Resident being kept in an over-medicated state
• Loss of resident’s possessions
• Sudden large withdrawals from bank accounts or changes in banking practices
• Abrupt changes in will or other financial documents

What You Can Do:

These are some steps that you can take if you suspect abuse or neglect:

1. Visit as often as possible to show your presence. Nursing home management and staff are likely to pay more attention if they know that you are involved with your loved one’s care. As well, you will be in a better position to catch any problems early, before they get out of hand.
2. Talk to your physician or medical professional, or a health-care administrator or employee at the facility. They may be legally obligated to report the abuse to the appropriate agencies. In some states, a member of the clergy is also mandated to report suspected abuse, so they may also be a source of assistance.
3. Seek an alternative facility.
4. Take action yourself by calling Adult Protective Services (APS) in Pennsylvania,  New Jersey or Delaware

Finally, if you believe that a loved one has been the victim of neglect or abuse in a nursing home or assisted living facility, get legal counsel. You may be able to collect damages. To learn more about your legal rights, call the nursing home experts at Lundy Law.

We’ll fight for you and your loved ones.

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• Nursing Home Injury , Other Injury , lundylaw
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