means of deterring both the defendant and others from bad conduct in the future. How do insurance companies usually handle personal injury claims in Pennsylvania, and why is having an experienced lawyer important in negotiations? From my experience, the insurance company will not voluntarily pay full and fair compensation on a claim unless they have to do so. Essentially, the carrier wants to offer the least amount of money it will take to get the claim settled. It’s not personal; rather, it’s just that insurance companies view the process as transactional. An experienced trial attorney will know what the insurance company is looking for in evaluating a claim. The experienced lawyer will understand the “value drivers” on a claim and how to negotiate a settlement that is within an acceptable “range of reasonableness” relative to what verdict might be expected in your jurisdiction at trial. What are the top mistakes to avoid when filing a personal injury claim, and how can you strengthen your case? Avoid inconsistencies. Frequently, we review medical records where the records do not accurately reflect the fullness of what the client was experiencing. Sometimes, patients tend to undermine their case inadvertently with a casual comment or response, which they don’t realize will be documented in his or her medical record. When a doctor asks, “How are you doing?” that is a different question than if someone on the street asks the same question. When communicating with a doctor, you want to be honest and complete about how you are feeling and what is bothering you. Sometimes a client may feel great on one day but then lousy the next. It is also important not to overgeneralize your condition with qualifiers such as “always” or “never” if that is not absolutely the case. In our everyday conversations, we are typically not held to the same level of verbal precision that is demanded in presenting a claim for damages. What recent changes have shaped Pennsylvania’s personal injury laws, especially in negligence cases, and what trends should injury victims expect? Recent court decisions have affected our understanding of Pennsylvania law involving insurance coverage in the context of automobile collisions. I have had several cases recently where the insurance carrier told my client they had “x” dollars in coverage, only to discover that the carrier was wrong. Knowing the right questions to ask and what documents to demand, in light of these recent court decisions, can make a huge difference. In the cases I am thinking of, we were able to establish that coverage was actually two to three times greater than what the insurance company had initially claimed. In this regard, hiring an experienced trial attorney to handle your claim will ensure that you are treated fairly in recovering all that you deserve. damages; and (3) punitive damages. Economic damages are those damages that have a monetary value assigned to them, such as medical expenses, wage losses, and property damage. Non-economic damages include physical and mental pain and suffering, loss of enjoyment of life’s pleasures, embarrassment, humiliation, scarring, and loss of consortium. These first two types of damages are awarded in an attempt to compensate the injured party for all the losses and harms sustained. While non-economic damages can be difficult to value and money is an imperfect remedy, a monetary award is still better than no remedy at all. However, punitive damages are different. Punitive damages are meant to punish the wrongdoing for behavior that goes beyond ordinary negligence and crosses into the realm of recklessness or grossly negligent conduct. This includes conduct such as driving while under the influence of alcohol or drugs, using a cell phone while driving, or actively removing or disabling safety devices. In such cases, punitive damages take into consideration the worth of the defendant and are awarded as a WWW.LAWYER-MONTHLY.COM 31 www.dhdlaw.com
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