When Should I Hire an Attorney for a Car Accident?

There's no denying that every car accident victim carries a heavy burden after the crash. You already had stress from work, family, or school, but now you have to deal with pain, bills, and insurance providers. And it can be overwhelming to know that how you handle your case could affect your compensation.

This is why attorneys step in to help people after a car accident. But how do you know the answer to “when should I hire an attorney for a car accident”? Ask any car accident lawyer in Kingston, PA, and the answer will be surprisingly simple: as soon as possible.

Below are some facts you should consider if you've been involved in an accident and need to know when to hire an attorney.

The Insurance Company Isn't on Your Side

After you've been in a car accident, the at-fault party's insurance will contact you. They will be very kind, perhaps even charming. They might even give you an offer of compensation on the spot, seeming generous.

But what they don't want you to know is that they are offering pennies compared to what you could get with a professional handling your case. And they want to make the case disappear quickly and cheaply.

Insurance is a multi-billion-dollar industry in the United States, and providers would like to keep it as profitable as possible. That means paying out as little as they can to those injured by their insured customers. But, unfortunately, the at-fault's insurance is working against you. To have a professional working for you, you'll need a professional car accident lawyer.

Timing Is Everything After a Car Accident

Getting hurt in a car accident can be confusing and overwhelming. But just as you begin to understand your injuries, what you should do, and how you should approach your case, you realize the insurance company is way ahead of you.

States such as Pennsylvania maintain a two-year statute of limitations. So if you don't file a lawsuit within two years after the accident, you won't be able to recover any compensation. So an insurance company may just be looking to wind down the clock until you settle for far less than you deserve.

For all these reasons, timing in your case is essential to recovering what you deserve. 

An attorney by your side can speak to the insurance company on your behalf. They will also guide you through the process. This means you spend less time asking what you should do and more time focused on recovering from your injuries.

Getting an Attorney Has No Risk to You

A car accident lawyer will typically work only for contingency fees. This means that you don't need to pay out of pocket to them. They will only be paid if you win. Once you win, they will earn a percentage of your settlement.

This incentivizes a car accident attorney to work harder for you. It also means that you don't need to pay for any of the legal services you received if you don't win. So, there's no monetary risk to you when you decide to hire an attorney for a car accident. 

Mistakes Could Cost You — An Attorney Can Get You More

As we mentioned, there are many reasons why the answer to “when should I hire an attorney for a car accident?” is “the sooner, the better.” That's especially easy to see when it comes to looking at compensation. 

When you hire an attorney for a car accident, you will likely win more than you would without an attorney. Hiring an attorney shows the insurance company you are serious. An attorney will spot things you miss, give you the best advice for strengthening your case, and understand how to negotiate with the insurance company. 

The flip side is that not hiring an attorney for a car accident could actually cost you. Whether it's missing a deadline, sharing the wrong information with the insurance company, or mishandling a limited tort vs. full tort case, one slip up could cost you your compensation. 

This is why we always recommend hiring a professional and experienced attorney who has had these types of cases before and will know what to do immediately. 

Selingo Guagliardo Can be Your Car Accident Lawyer

If you want to know, “When should I hire an attorney for a car accident?” we hope you understand that the faster you hire a lawyer, the more successful your case will be. An attorney will protect you from insurance companies that drag their feet and get the best compensation for you.

Most car accident attorneys offer free case consultation, so don't hesitate to reach out as soon as you can. Selingo Guagliardo is here to help you recover and go forward, so give us a call today.

What Are the Most Common Medical Malpractice Areas?

When you go to a doctor, you trust them to take care of you because of their education and experience. Any time a healthcare practitioner neglects industry standards, it can lead to medical malpractice.

Medical malpractice is a broad term, as it can refer to misdiagnoses, childbirth injuries, and errors with prescription drugs.

What are some of the most common medical malpractice areas to be aware of when you go to visit your providers? Selingo Guagliardo is here to help you understand them.

Incorrect or Delayed Diagnoses

Misdiagnoses or delayed diagnoses are the most common types of medical malpractice. One study found that diagnostic errors were the largest contributors to medical malpractice claims. Shockingly, almost one-third of medical malpractice cases involved incorrect or deferred diagnoses.

A misdiagnosis can occur when a physician doesn't:

•             Seek additional information

•             Order further medical testing

•             Identify clinical symptoms

•             Send the patient to a specialist

Failure to Treat

When a medical practitioner takes on a patient, they must commit to providing the most comprehensive treatment they're capable of providing. If a physician neglects to administer the proper care, it can constitute negligence and malpractice.

For example, let's say a patient goes into a doctor's office with a urinary tract infection (UTI). If the physician dismisses the symptoms as excessive discharge and refuses to provide treatment, the patient may develop permanent kidney damage.

Failure to treat a condition can also take the following forms:

•             Letting a patient go home from the hospital too early.

•             Neglecting to provide thorough instructions for at-home care.

•             Not accounting for a patient's medical history when creating a treatment plan.

Sometimes, a physician's failure to treat can result from taking on too many patients and not offering them the individualized attention they need.

Whenever a physician fails to provide comprehensive care, a medical malpractice attorney can help you seek compensation. This compensation can take the form of compensatory, non-economic, and punitive damages.

Childbirth Injuries

The obstetrics and gynecology (OB/GYN) and neonatal specialties are highly complex. Injuries that happen during pregnancy, childbirth, or postpartum can be detrimental to the mother and baby. Any doctor who practices in these fields must be highly knowledgeable and experienced.

Childbirth injuries can result from:

•             Administering sub-par prenatal care.

•             Removing the baby from the birth canal using excessive force.

•             Failing to identify fetal distress.

•             Failing to remove all of the placenta post-birth.

•             Mishandling a baby during or after birth.

•             Proceeding with vaginal delivery even if a C-section is necessary.

•             Not addressing a tangled umbilical cord properly.

Another instance of medical malpractice relating to childbirth can occur when a doctor fails to recognize birth defects while a mother is pregnant. For example, a physician who doesn't identify a diaphragmatic hernia in a fetus won't be able to perform the potentially life-saving surgery.

Procedural & Surgical Errors

If you're going in for an in-patient or out-patient procedure or surgery, there should be qualified medical professionals present to keep you out of harm's way. Patients of elective and emergency operations should experience the same level of care.

However, physicians may make surgical mistakes during an operation. For example, they can operate on the wrong body part or start working on the incorrect patient.

Some other mistakes that can happen during an operation include:

•             Failing to adhere to standard practices in the medical field before, during, and after a procedure.

•             Leaving medical devices, gauze, or tools inside a patient.

•             Administering too much or too little anesthesia.

These errors are most often caused by poor communication or a lack of proper training, and the physician responsible should be held accountable.

Prescription Drug Errors

We can't discuss the most common medical malpractice areas without covering prescription drug errors. While prescription drugs are supposed to help patients recover more efficiently, incorrect dosing can have detrimental side effects.

For example, a doctor may incorrectly prescribe a cholesterol medication to a patient with chronic kidney disease. This mistake can worsen the patient's condition and lead to severe complications.

Or, a physician may fail to identify the signs of addiction and continue to prescribe a patient too much of a medication.

When talking about what are the most common medical malpractice areas, prescription drug errors aren't always the most obvious. However, they can inflict detrimental consequences if left unaddressed.

Looking to File a Medical Malpractice Claim? Hire an Experienced Attorney

Now that you have a better understanding of what the most common medical malpractice areas are, initiating your claim should be your next step. Medical malpractice cases are difficult to deal with and require thorough analysis to achieve successful outcomes.

Don't try to represent yourself; you'll be much better off if you enlist the help of a Selingo Guagliardo medical malpractice lawyer in Kingston, PA. We will conduct a thorough initial consultation and help you proceed in the most productive way possible.

Get in touch today to let us start helping you to recover from this stressful period of your life.

How to Know if You Have a Medical Malpractice Case

Medical malpractice leads to many injuries every year, and for survivors, navigating life afterward is difficult. It's not easy to tell whether you have been a victim of malpractice after it happens. Dealing with the possibilities of hiring a lawyer and filing a claim can also be overwhelming.

However, there are several warning signs that medical malpractice occurred that you should know about. This way, you can feel confident moving forward with your claim.

Read this guide on how to know if you have a medical malpractice case.

If your medical care has left you feeling harmed, confused, and mistreated, call us at Selingo Guagliardo today. We will help you recover financial compensation for your injuries so you can go forward and get back to living.

You Received Treatment for a Condition You Don't Have

Your doctors may need to consider several treatments or diagnoses before getting to the root of your symptoms. However, receiving treatment for a condition you don't have can be considered malpractice due to potential harm.

The wrong treatment plan may cause you to need more medicine in the long run. If ineffective care has been costly for your family, there are legal options available to help you recover financially. A medical malpractice lawyer in Kingston, PA, can help patients receive compensation for medical expenses from malpractice.

Lack of Informed Consent Led to Harm

Your doctors are obligated to fully explain the risks and benefits of your treatment to you, so you can make an informed decision about whether you want to proceed. If you've experienced harm in a situation where you couldn't give informed consent, you may need to speak to a lawyer about malpractice.

There Were Issues With Your Anesthesia

Problems with anesthesia can occur for several reasons, such as not being given the correct dose.

Sometimes patients have to sign forms acknowledging possible damages from anesthesia, but you can still speak to a lawyer about any negligence you experienced.

You Had Surgical Complications From Neglect

There are natural complications that may arise during or after surgery. Your care team should have explained these complications to you and given you advice and medication to handle the pain.

Some complications occur because of negligence. If you've been unable to heal after surgery due to medical error, a malpractice lawyer can assist you.

Your Loved One Had an Avoidable Death

Medical errors cause many deaths in the U.S every year—even more than respiratory illness. Your loved one may have expressed concern to you about their treatment, or you may have witnessed acts of negligence if you were with them while they received care.

Contact a lawyer as soon as possible if you think your loved one's death was due to mistreatment.

Your Doctor Doesn't Address Your Questions

Doctors are often busy, but attention must be given to your concerns. If your doctor doesn't make time to communicate, you may be misdiagnosed or unable to give informed consent.

An Understaffed Medical Facility Led to Harm

There are multiple issues you may experience due to a lack of staff:

•             Delayed treatment that leads to harm

•             Being unable to receive care during an emergency

•             Having an urgent medical concern ignored

If you'd like to discuss any negligence you experienced in an understaffed facility, contact a malpractice expert.

A Healthcare Worker Addressed a Fault

A medical worker will rarely confess to a harmful error. If you can't obtain an official confirmation that a healthcare worker did something wrong, you should still contact a lawyer to hear what your options are going forward.

Other Treatment Options Weren't Explained

Before recommending the most invasive or expensive options, your doctor should explain any other treatments available for your condition.

If you think you've received an unnecessarily invasive treatment, research the other treatment options that were possible. You may also want to consider the second opinion of another doctor to gain perspective on whether there is evidence of malpractice.

Mistreatment Has Caused More Symptoms

It's possible that medical mistreatment—such as being given an incorrect dose—can result in more serious conditions. If you've developed new concerning issues because of negligence, seek the opinion of an experienced malpractice lawyer.

Selingo Guagliardo’s Experts Are Ready to Help You

It's important to know your options when it comes to malpractice. Your concerns may be difficult to navigate alone, but legal counsel can help. 

If you're still confused on how to know if you have a medical malpractice case, speaking with a lawyer is the next step.

Call us at Selingo Guagliardo today for a free consultation. We’ll examine your situation to see if you’re owed compensation. If you have a case, we will stand by your side to get you taken care of properly.

How to Win a Slip and Fall Case

Pretend you miss the last step on the stairwell as you're exiting a shopping center. An unattended puddle of water has caused you to fall backward and land on your bottom. The pain is quite serious, but you're too filled with shock to do anything but get up and keep walking.

Later that night, it hurts to stand, sit, and even lay down. You go to the E.R., and the doctor diagnoses a fractured tailbone. You dread the coming weeks, knowing that your recovery wouldn't be necessary if the stairwell was lit up or if an employee had cleaned up the spill.

Can you bring a case against the shopping center to cover the medical costs, lost wages, and emotional trauma associated with your injury?

A Selingo Guagliardo slip and fall lawyer in Kingston, PA, will build a worthy case by demonstrating three things. Below, you can learn what you must prove to win a slip and fall injury claim.

What You Must Prove to Win a Slip and Fall Injury Claim

Slip and fall can be difficult to win, as there is usually very little physical evidence to support a claim. Often eyewitnesses are few and far between, meaning that the case will boil down to the testimonies of the plaintiff and the defendant.

That’s why, if you want to know how to win a slip and fall case, the best thing you can do is get the help of an experienced, knowledgeable attorney.

1. Duty of Care

Duty of care is a property owner's responsibility to maintain their property in a reasonably safe state. If there is an issue present, the owner must repair the dangerous conditions or issue proper warnings to anyone who visits the property.

In Pennsylvania, there are three categories of visitors to a property:

• Invitees: individuals who are allowed on the property for some business purpose

• Licensees: individuals invited by the property owner for social or personal purposes

• Trespassers: individuals who are on the property without the owner's permission

Property owners have the highest level of duty of care to invitees. Owners must still offer licensees some duty of care but to a lesser degree. 

In order to file a slip and fall case against a company successfully, you must be able to prove you were an invitee or licensee. Paying customers and employees will have a good chance of meeting the requirements of an “invitee.”

Individuals who were on a property without permission (i.e., trespassers) won't have the grounds to file a successful claim.

2. Negligence

When it comes to understanding what you must prove to win a slip and fall injury claim, the next criterion is being able to identify negligence. To prove negligence in a slip and fall case, you must show that the defendant failed to act thoughtfully to avoid injury.

One thing to consider is how long the hazard existed before the slip occurred. Did the defendant have ample time to remove the risk?

For example, let's say someone spilled their soda, and the plaintiff slipped on it less than ten seconds later. The defendant wouldn't have had enough time to discover the spill and handle it accordingly.

But, if the liquid was left on the floor for an hour or more in a heavily trafficked area, a jury can assume that the defendant should've cleaned it up much earlier.

A jury can also use other factors to demonstrate negligence, like poor lighting or the company's cleaning log.

Note: All slip and fall cases must be filed within two years of their initial occurrence. Even if there was significant negligence, the case wouldn't hold up in court if the incident happened more than two years ago.

3. Responsibility/Fault

When discussing what you must prove to win a slip and fall injury case, responsibility/fault is the last element. Simply put, who is responsible for a slip and fall accident?

Proving fault in slip and fall accidents isn’t easy. The plaintiff must be able to prove that he or she wasn't at fault and that the defendant must have caused the accident.

As a case drags out, a defendant may try to show that the plaintiff was behaving in a way that resulted in the injury. A defendant could have a strong case if they can show that:

• The plaintiff was wandering off into an area of the building where invitees or licensees aren't normally allowed.

• The plaintiff was distracted, on their phone, and/or not paying sufficient attention.

• The plaintiff was wearing improper footwear for the circumstances.

• There were appropriate cones and signage posted indicating a potential risk.

An experienced slip and fall lawyer is aware of all these possible comebacks by a defendant and will work to build your case. When the court asks “who is responsible for a slip and fall accident?” we’re the ones who have the answer.

Want to Know How to Win a Slip and Fall Case? Our Attorneys Can Help

Now that you know more about what you must prove to win a slip and fall injury claim, you should feel more confident about seeking compensation.

Like most personal injury cases, slip and fall cases are complex and require legal expertise to navigate effectively. Dealing with your case alone can result in a lot of frustration and a poor outcome.

Instead of taking on the case yourself, reach out to a professional from Selingo Guagliardo. We know how to win a slip and fall case. We’ll take time to comprehend your individual case and stand at your side as we work to get you compensated.

Money doesn’t undo your injury, but it can help you return to normal after all those medical bills. Let us help you go forward to get the care and compensation you deserve. Contact Selingo Guagliardo now!

What Are the Responsibilities of a Personal Injury Lawyer?

When you’re suffering from injuries you suffered in an accident, it’s understandable that you may be feeling overwhelmed and unsure of what you need to do next. Accidents can completely blindside you, and even if you know there’s always a chance they’ll occur, you’re never prepared for them. Maybe you were out for a drive and got hit, or went out shopping and suffered from a serious fall, and now you’re left with painful injuries and expensive medical bills. After getting injured, you need a personal injury lawyer who can help you while you focus on recovering.

At Selingo Guagliardo, we can offer you the help and support of a car accident or slip and fall lawyer in Kingston, PA, for your personal injury case. Learn more about the responsibilities of a personal injury lawyer and how they can help after an accident.

A Personal Injury Lawyer Walks You Through the Process

There’s no doubt that the legal process is difficult and can be extremely long in some cases. Many people are aware of this, which could cause them to avoid taking legal action, even if it can help them. Working with a personal injury lawyer means that you have an expert on your side who will take on the difficult work for you. They can explain everything you need to know during this process and ensure that everything is handled properly. After an accident, you already have enough on your plate. One of the most important responsibilities of a personal injury lawyer is to be your guide during this difficult time in your life.

They Determine the Worth of Your Case

Personal injury lawyers provide you with their expert knowledge in various ways, with one being that they can tell you what your case is worth. Also, if an insurance company offers you a certain sum of money, this might be what you think you deserve. However, insurance companies often try to give as little money as they can, even if your case is worth more. A personal injury lawyer will know exactly what amount of compensation you truly deserve and is dedicated to helping you get it. Your lawyer will look at the damages the accident has caused, such as your medical bills, lost wages, and emotional pain and suffering, to determine this amount. You can also get a lawyer’s help to dispute insurance claims in Kingston, PA, to receive the amount you deserve from them. 

Personal Injury Lawyers Investigate Your Case

While you were the one who experienced your accident, you might not know everything you need to know about it. A personal injury lawyer will look deeper into your case to find details that can help you receive compensation. They have the knowledge and expertise required to analyze your case to prove who was at fault for your accident and the damages it’s caused you. Personal injury lawyers also understand what evidence needs to be provided for their clients to receive proper compensation and know how to obtain it. 

They Will Represent You in Court

If you’re considering taking legal action for your accident, you might be worried about going to court. Fortunately for many people with personal injury cases, they will likely settle out of court. However, this isn’t always the case, and there’s always the chance that you will end up needing to go to court. You want to know that if your case does go to court, you’ll have the help you need to get through it. This is something your personal injury lawyer will help with, and they will ensure everything needed to take your case to court is handled. They will represent you in court should that be necessary for you to get the compensation you deserve.

Get the Help You Need Today

For those injured in accidents, working with an experienced personal injury lawyer is often extremely important. After your accident, you’re likely to continue to face many challenges brought on by it, and you shouldn’t be left to deal with them on your own. When you need compensation to recover from your accident, the services a personal injury lawyer provides will be invaluable. At Selingo Guagliardo, we give our clients the support they need and help them receive compensation that allows them to move forward from their accidents.

If you think you may need the help of a personal injury lawyer, contact Selingo Guagliardo today for a free case evaluation.