Delaware County Personal Injury Attorney On Delaware County, PA Personal Injury Slip and Falls

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Automobile accidents and fall down cases are the most common types of lawsuit for personal injuries. The legal principles involved with these two types of cases differ greatly. I examine here the hurdles that must be overcome in order to receive fair compensation for injuries suffered as the result of a fall.

Generally, the most difficult problem involves the question of notice. The injured victim must prove that the defendant either created the hazard which caused the injury, or that the defendant knew or should have known of the hazard long enough before the accident to have removed or repaired it.

For example, when a pedestrian trips on a crack in a sidewalk, the P. I. attorney hopes to find someone who lives in the area of the accident who knows that the crack existed for a long time. Or photos may show that the crack was not of recent origin. It is then easy to show that the property owner should have known of it and should have had the crack repaired. The city where the accident happened may also have liability in sidewalk cases for failure to enforce the municipal requirements that sidewalks be kept in good repair. This is particularly important when the property owner carries no insurance on the property. In this situation, the government may be the only defendant against whom a money judgment can be collected. The city becomes the "deep pocket" or "target" defendant.

The next issue that almost always comes up in these cases is the victim's own failure to be careful. This is called "comparative negligence." (See Chapter 9 of the complete book for a discussion of comparative negligence.) Defendants argue that the claimant should have seen the hazard and avoided it. While this argument often reduces the total amount of compensation received, it usually does not defeat the claim outright. There may be valid reasons why the hazard was not seen. For example, when a customer in a grocery store slips on grapes, the customer's attention may have been drawn by a catchy advertisement or display put up by the store. This is a reasonable explanation which, if believed, should enable you to receive full compensation.

A thorough and prompt investigation can make all the difference in the outcome of fall down cases. Witness statements must be obtained and photographs of the hazard must be taken. Even short delays can hurt the case since memories fade rapidly and hazards get repaired quickly when injuries occur.

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How to Find Cheap Delaware Auto Insurance Rates

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You may have to do some searching, but you can find cheap auto insurance in Delaware. The best place to start is at home. Understanding the insurance requirements in Delaware and the types of discounts available will give you ideas on what types of insurance you need and what discounts to ask for. Here are some ideas to help get you started on your search.

The first step to finding a better DE auto insurance rate is understanding your required coverage. In Delaware, you are required to carry liability insurance that provides up to $15,000 for injuries or death to any one person, $30,000 for total injury or death per collision, and $10,000 for property damage. Delaware uses a Tort system which means that the person at fault is charged with the accident and their insurance pays the damages for all parties involved. Delaware also requires PIP (personal injury protection) coverage of $15,000 for one person and $30,000 for all persons involved in an accident. This benefit is paid above the Tort benefits received from the other insurance company if the other driver was at fault.

While strict penalties are in place for uninsured drivers, there are still some on the road. Delaware law does not require uninsured driver insurance, but it does offer valuable protection.

Now, how do you save on your Delaware auto insurance coverage? Once you understand what you need, you need to figure out what discounts you qualify for.

Good Grades Discount - Students that maintain a 3.0 GPA or better are eligible for discounts with some companies.

Defensive Driver - Those who take courses on defensive driving are eligible for discounts from some companies.

Safety Devices - Vehicles that have certain safety devices installed are often eligible for discounts with some companies.

Be sure that you compare Delaware auto insurance quotes from at least 5 different companies in order to find the best rate.

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Delaware County Personal Injury Attorney On Delaware County, PA Personal Injury Slip and Falls

Image : http://www.flickr.com

Automobile accidents and fall down cases are the most common types of lawsuit for personal injuries. The legal principles involved with these two types of cases differ greatly. I examine here the hurdles that must be overcome in order to receive fair compensation for injuries suffered as the result of a fall.

Generally, the most difficult problem involves the question of notice. The injured victim must prove that the defendant either created the hazard which caused the injury, or that the defendant knew or should have known of the hazard long enough before the accident to have removed or repaired it.

For example, when a pedestrian trips on a crack in a sidewalk, the P. I. attorney hopes to find someone who lives in the area of the accident who knows that the crack existed for a long time. Or photos may show that the crack was not of recent origin. It is then easy to show that the property owner should have known of it and should have had the crack repaired. The city where the accident happened may also have liability in sidewalk cases for failure to enforce the municipal requirements that sidewalks be kept in good repair. This is particularly important when the property owner carries no insurance on the property. In this situation, the government may be the only defendant against whom a money judgment can be collected. The city becomes the "deep pocket" or "target" defendant.

The next issue that almost always comes up in these cases is the victim's own failure to be careful. This is called "comparative negligence." (See Chapter 9 of the complete book for a discussion of comparative negligence.) Defendants argue that the claimant should have seen the hazard and avoided it. While this argument often reduces the total amount of compensation received, it usually does not defeat the claim outright. There may be valid reasons why the hazard was not seen. For example, when a customer in a grocery store slips on grapes, the customer's attention may have been drawn by a catchy advertisement or display put up by the store. This is a reasonable explanation which, if believed, should enable you to receive full compensation.

A thorough and prompt investigation can make all the difference in the outcome of fall down cases. Witness statements must be obtained and photographs of the hazard must be taken. Even short delays can hurt the case since memories fade rapidly and hazards get repaired quickly when injuries occur.

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How to Find Cheap Delaware Auto Insurance Rates

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You may have to do some searching, but you can find cheap auto insurance in Delaware. The best place to start is at home. Understanding the insurance requirements in Delaware and the types of discounts available will give you ideas on what types of insurance you need and what discounts to ask for. Here are some ideas to help get you started on your search.

The first step to finding a better DE auto insurance rate is understanding your required coverage. In Delaware, you are required to carry liability insurance that provides up to $15,000 for injuries or death to any one person, $30,000 for total injury or death per collision, and $10,000 for property damage. Delaware uses a Tort system which means that the person at fault is charged with the accident and their insurance pays the damages for all parties involved. Delaware also requires PIP (personal injury protection) coverage of $15,000 for one person and $30,000 for all persons involved in an accident. This benefit is paid above the Tort benefits received from the other insurance company if the other driver was at fault.

While strict penalties are in place for uninsured drivers, there are still some on the road. Delaware law does not require uninsured driver insurance, but it does offer valuable protection.

Now, how do you save on your Delaware auto insurance coverage? Once you understand what you need, you need to figure out what discounts you qualify for.

Good Grades Discount - Students that maintain a 3.0 GPA or better are eligible for discounts with some companies.

Defensive Driver - Those who take courses on defensive driving are eligible for discounts from some companies.

Safety Devices - Vehicles that have certain safety devices installed are often eligible for discounts with some companies.

Be sure that you compare Delaware auto insurance quotes from at least 5 different companies in order to find the best rate.

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Delaware County, PA Personal Injury Attorney On Delaware County Personal Injury Assumption of Risk

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Defendants may contend that plaintiff assumed the risk of an accident. The burden of showing voluntary assumption of risk and contributory negligence is on the defendants. Whitley v. Philadelphia Transportation Company, 234 A. 2d 922, 925 (Pa. Super. 1967).

The doctrine of assumption of risk "has been very problematic and has fallen from the favor of some of the judiciary and legal commentators. In fact, the doctrine as a separate affirmative defense has only narrowly survived abolishment by our Supreme Court." Bullman v. Giuntoli, PICS No. 00-1904.

The assumption of risk defense is made out only by showing that a person "with appreciation and knowledge of an obvious danger, purposely elects to abandon a position of relative safety and chooses to reposition himself in a place of obvious danger and by reason of that repositioning is injured." McIntyre v. Cusick, 372 A. 2d 864, 866 (Pa. Super. 1977)."

The defense of assumption of the risk will not prevent recovery unless the evidence conclusively establishes that the plaintiff was subjectively aware of the risk and voluntarily assumed it. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996). Voluntariness is established only when the circumstances manifest a willingness to accept the risk. Staub v. Toy Factory, Inc., 749 A.2d 522 (Pa. Super. 2000). Mere contributory negligence does not establish assumption of the risk. Id.

Rather, a plaintiff has assumed the risk where he has gone so far as to abandon his right to complain and has absolved the defendant from taking any responsibility for the plaintiff's injuries. Id. In order to prevail on assumption of risk, the defendant must establish both the "awareness of the risk" prong and the "voluntariness" prong. Id.

The defense is not available unless it is beyond question, such that no two reasonable minds could differ, that the plaintiff voluntarily and knowingly proceeded in the face of an obvious and dangerous condition. Hardy v. Southland Corp., 645 A. 2d 839 (Pa. Super. 1994), citing, Howell v. Clyde, 620 A. 2d 1107 (Pa. 1993). Assumption of the risk cannot be used as a defense unless it is shown that plaintiff "must have appreciated the danger itself and the nature, character and extent which made it unreasonable." Crance v. Sohanic, 496 A. 2d 1230, 1232 (Pa. Super. 1985).

The Pennsylvania Supreme Court in Hughes v. Seven Springs Farm, Inc., 762 A.2d 399 (Pa. 2000), discussed the status of the doctrine of assumption of
risk in light of the passage of the comparative negligence statute and
stated that as a general rule, the doctrine of assumption of the risk, with its
attendant "complexities" and "difficulties," has been supplanted by the
Pennsylvania General Assembly's adoption of a system of recovery based on
comparative fault in the Comparative Negligence Act. 42 Pa.C.S.A. §7102(a)-(b). Where plaintiff tried to minimize her risk of falling, but fell nevertheless, she did not voluntarily assume the risk of falling. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996).

Finally, in Giosa v. School District of Philadelphia, 630 A.2d 511 (Pa. Cmwlth. 1993), defendant argued that the plaintiff assumed the risk of slipping on an icy sidewalk, "because Giosa fully understood the risk involved in walking on the sidewalk, and yet voluntarily chose to encounter it." Id. The Court held that since defendant owed plaintiff, a member of the general public, a duty to keep the public sidewalks clear from any dangerous conditions, the doctrine of assumption of risk did not apply. Id. Similarly, defendants owed plaintiff, Fran Kellenbenz, as a member of the general public, a duty to keep their sidewalk clear from any dangerous conditions. Similarly, the doctrine of assumption of risk does not apply and the Court should not charge the jury thereon.

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Delaware Auto Insurance Rates - Ways To Lower Your Teen's Rates

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1. KEEP THEIR MILEAGE DOWN...

Let them take advantage of the public transport system whenever you can. The more their mileage, the higher the probability that you'll make a claim in no distant time.

2. ENCOURAGE THEM TO GET GOOD GRADES...

Students who get good grades are rewarded by insurance companies with reduced Delaware auto insurance rates.

3. MAKE SURE THEIR CAR HAS SAFETY FEATURES...

Make sure you choose a car that is equipped safety devices. Because they will keep your teen and their vehicle safer they are regarded as better risks by insurers. These will enable you get affordable teen auto insurance.

4. LET THEM USE SMALLER INEXPENSIVE CARS...

Settle for a cheaper car if you really want affordable teen auto insurance. There are cars that cost a lot to insure. You can easily get a similar vehicle that is inexpensive to insure. But a general rule is: Big cars, costly cars, classic cars, cars with a high theft rate cost much more to insure.

5. LET THEM TAKE COURSES IN DEFENSIVE DRIVING...

Let your teen take courses in defensive driving. In addition to making him/her a better driver, it will help him/her get lower Delaware auto insurance quotes.

6. RAISE THEIR DEDUCTIBLE...

Opt for higher deductibles. If you opt to pay a higher deductible, you'll get to pay a cheaper premium. Just take care not to opt for deductibles that are higher than you can provide with ease.

7. GET AND COMPARE QUOTES...

You can reduce your Delaware teen auto insurance costs by asking for quotes from reputable quotes sites. Using a minimum of three quotes sites increase the chances that you would realize bigger savings.

I advise that you visit a minimum of three quotes sites because it will ensure you do not miss out better quotes not presented by the other sites. This gives you a broader basis for doing more thorough comparisons thereby increasing your chances of realizing more savings.

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Delaware Auto Insurance Rates - Ways To Lower Your Teen's Rates

Image : http://www.flickr.com

1. KEEP THEIR MILEAGE DOWN...

Let them take advantage of the public transport system whenever you can. The more their mileage, the higher the probability that you'll make a claim in no distant time.

2. ENCOURAGE THEM TO GET GOOD GRADES...

Students who get good grades are rewarded by insurance companies with reduced Delaware auto insurance rates.

3. MAKE SURE THEIR CAR HAS SAFETY FEATURES...

Make sure you choose a car that is equipped safety devices. Because they will keep your teen and their vehicle safer they are regarded as better risks by insurers. These will enable you get affordable teen auto insurance.

4. LET THEM USE SMALLER INEXPENSIVE CARS...

Settle for a cheaper car if you really want affordable teen auto insurance. There are cars that cost a lot to insure. You can easily get a similar vehicle that is inexpensive to insure. But a general rule is: Big cars, costly cars, classic cars, cars with a high theft rate cost much more to insure.

5. LET THEM TAKE COURSES IN DEFENSIVE DRIVING...

Let your teen take courses in defensive driving. In addition to making him/her a better driver, it will help him/her get lower Delaware auto insurance quotes.

6. RAISE THEIR DEDUCTIBLE...

Opt for higher deductibles. If you opt to pay a higher deductible, you'll get to pay a cheaper premium. Just take care not to opt for deductibles that are higher than you can provide with ease.

7. GET AND COMPARE QUOTES...

You can reduce your Delaware teen auto insurance costs by asking for quotes from reputable quotes sites. Using a minimum of three quotes sites increase the chances that you would realize bigger savings.

I advise that you visit a minimum of three quotes sites because it will ensure you do not miss out better quotes not presented by the other sites. This gives you a broader basis for doing more thorough comparisons thereby increasing your chances of realizing more savings.

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