Rieders, Travis, Humphrey, Waters & DohrmannRieders, Travis, Humphrey, Waters & Dohrmann2026-06-05T17:36:28Zhttps://www.riederstravis.com/feed/atom/WordPress/wp-content/uploads/sites/1504876/2026/01/cropped-favicon-reiders-x-1-32x32.jpgOn Behalf of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters<![CDATA[Can you lose your PA motorcycle accident lawsuit just for not wearing a helmet?]]>https://www.riederstravis.com/?p=571352026-06-05T17:36:28Z2026-06-05T17:36:28Zdoes not mandate helmet use for all riders. Motorcyclists who are at least 21 years of age and have either two years of riding experience or have completed an approved safety course are legally permitted to ride without a helmet. Knowing your constitutional rights and recognizing how state statutes protect your financial recovery can safeguard your path to physical and financial healing.
The absolute statutory shield against the "helmet defense"
While insurance defense attorneys routinely attempt to minimize corporate payouts by exploiting implicit biases against unhelmeted riders, Pennsylvania law enforces an absolute statutory bar against using helmet non-use as a defense tool in a personal injury lawsuit:
The admissibility ban: Under state law, the failure of a rider to wear a helmet cannot be considered as contributory negligence and is completely inadmissible as evidence in the trial of any civil action.
No comparative reductions: While Pennsylvania operates under a modified comparative negligence framework , defense lawyers cannot ask a jury to reduce your financial award for a head injury based on your choice to ride without a helmet.
Because of this, corporate insurance adjusters are legally barred from reducing your payout for traumatic brain or facial injuries.
Tactical ways to strengthen your motorcycle claim
Because insurance adjusters still look for alternative ways to shift blame under Pennsylvania’s 51% comparative negligence bar, building an evidence-driven case remains critical:
Document the scene instantly: Take wide-angle photographs of the point of impact, vehicle damage, skid marks, and road conditions.
Secure immediate medical care: Go straight to an emergency room. Prompt clinical documentation prevents adjusters from arguing your injuries were minor or unrelated.
Secure an official police report: Ensure responding officers from local municipal departments or the Pennsylvania State Police document the at-fault driver's specific traffic violations.
Compiling immediate medical records and scene photography ensures your legal team can prove the full extent of the impact's force, irrespective of protective gear.
Navigating the intersection of traffic codes and medical causation requires precise legal execution. Partnering with a litigator allows you to deploy aggregate evidence to prove the other driver's total fault, neutralizing corporate defense tactics and fully securing the comprehensive recovery your family deserves.]]>On Behalf of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters<![CDATA[How long do PA patients have to find hidden surgical errors?]]>https://www.riederstravis.com/?p=571212026-04-21T16:45:22Z2026-05-04T19:14:16ZSome surgical errors are immediately obvious. If a surgeon performed the procedure on the wrong side of the body or the wrong body part, the patient is likely to identify that error as soon as they wake up from anesthesia. Other errors may not be quite so obvious.
If the patient has retained foreign bodies, the inflammation or infection that develops may be the first warning sign of the surgical error. Other times, errors may come to light weeks or even years after a procedure occurred. People who received inappropriate care during or after a surgery may wonder whether they have already lost the opportunity to take legal action against the surgeon who made a mistake or the facility that employs them.How long is the window of opportunity to file a medical malpractice lawsuit in Pennsylvania?
Patients usually have up to two years
Personal injury lawsuits, including medical malpractice lawsuits, are subject to a statute of limitations. This state law specifically limits how long people have to initiate a lawsuit. In Pennsylvania, the statute of limitations generallyexpires two years after the date when a person sustained an injury.However, discovery rules may play a role in a surgical malpractice claim involving latent injuries. People may not learn about the injuries they can stand until years have passed. In that scenario, the date when they discovered the medical error is the date that applies for the purposes of the statute of limitations. The state may also toll the statute of limitations until a patient’s 18th birthday in scenarios where the person who experienced medical malpractice was a minor at the time of the surgery.Those who recently discovered a hidden surgical error must take certain steps to pursue justice. They need to document the issue itself and secure copies of all relevant medical records. They also need to talk with a Pennsylvania medical malpractice attorney, who can help them validate if they actually experienced actionable malpractice.Amedical malpractice lawsuit can help injured patients recover the cost of treatment, including revision procedures after a surgical error, as well as their lost wages. Reporting the discovered surgical error as soon as possible and sitting down to assess the situation with a legal professional can help those affected by surgical malpractice understand their options.]]>On Behalf of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters<![CDATA[Essential Guide to Pennsylvania Personal Injury Claims]]>https://www.riederstravis.com/?p=571202026-04-21T16:39:02Z2026-04-20T19:13:55ZPersonal injury claims allow those hurt by others to seek financial compensation. By holding the party that injured them accountable, people can pay for their medical expenses and cover their lost wages.
Many people in need of compensation find the personal injury claims process overwhelming. This blog post can help provide a basic guide to the process ahead.
What are the most common types of Pennsylvania injury claims?
Every state has slightly different rules regarding what types of injuries and losses are actionable. In Pennsylvania, the law permits either insurance claims or litigation in scenarios involving negligence, professional omissions, contract breaches and intentional misconduct that cause harm.The most common types of personal injury claims in Pennsylvania include:
Medical malpractice
Vehicle accidents
Product liability claims, including defective medical devices
Dog bite attacks
Provided that injured parties can show that a business or individual caused their losses, they may be able to seek compensation.
Does partial fault prevent recovery in Pennsylvania?
Many personal injury scenarios exist in a gray area instead of being totally black and white. Pennsylvania state statutes take this into consideration, and partial fault does not automatically eliminate the right to seek compensation.Pennsylvania has amodified comparative negligence rule that allows injured parties to take legal action in pursuit of compensation as long as they are 50% or less at fault for the incident. The courts determine the percentage of fault, and that percentage affects the compensation awarded.
What are the steps to the typical Pennsylvania personal injury claim?
The first step typically involves consulting with a personal injury attorney. From there, the injured party and their lawyer can investigate. Gathering evidence and determining the total losses sustained, including medical bills, lost income and non-economic damages, such as pain and suffering, are critical aspects of the investigation stage.The plaintiff’s attorney then sends a formal demand letter to the party at fault to notify them of the claim and request a specific amount of compensation. In some cases, the demand letter results in a prompt settlement.Other times, the attorney must proceed with litigation. They file a petition with the local courts. They generally need to do so promptly, as Pennsylvania has a two-year statute of limitations for personal injury lawsuits.The plaintiff’s lawyer can request additional evidence during the discovery process. The plaintiff may also need to release information, such as their medical records, for the other party to review. At any point during the actual legal process, the plaintiff and the defendant can settle the pending lawsuit.The attorney representing the injured party can negotiate with the attorney representing the party at fault or their insurance company. If the matter doesn't settle, then it goes to trial.The guidance of aPennsylvania personal injury lawyer can help injured people understand their rights and navigate what can be a confusing process. An attorney's advocacy can help injured people focus on healing instead of on complicated and overwhelming legal procedures.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[Constitutional Law – Legislative Powers – Deligation Of Authority – Fcc]]>https://www.riederstravis.com/?p=461662026-01-19T14:02:33Z2025-09-03T04:00:00ZOn Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[What Types of Compensation Can You Recover in a Premises Liability Lawsuit?]]>https://www.riederstravis.com/?p=461682026-01-20T06:22:51Z2025-07-03T04:00:00ZWhat Compensation Can You Get in a Premises Liability Lawsuit?
When a property owner fails to maintain a safe environment and a lawful visitor becomes injured, a premises liability case can arise. The victims in these situations can seek compensation for both economic and non-economic losses.
Importantly, liability in these cases may fall on either the occupier of the land or on the property owner. In Pennsylvania, an “owner out of possession” generally is not liable unless they knew of a dangerous condition or had a contractual duty to maintain the premises. A detailed investigation is required to determine the proper responsible party.
Economic damages serve to offset measurable financial losses, such as medical expenses, lost wages, and property damage. By contrast, non-economic damages reflect losses that are not directly measurable, such as pain and suffering, emotional distress, and loss of consortium.
Medical Expenses
Medical expenses are among the most significant recoverable costs in a premises liability case. They can include:
Emergency room visits or hospital stays
Surgeries and follow-up care
Prescription medications
Assistive devices like crutches or wheelchairs
Physical or occupational therapy and other rehabilitation services
Future medical treatments for long-term injuries.
Make it a point to hold on to all medical records and bills to prove the extent of your injuries and the expenses you have incurred as a result.
Lost Wages and Earning Capacity
When you are unable to work because of an injury, you may be entitled to compensation for:
Wages lost due to time off work
Reduced earning capacity if you cannot return to your previous job
Loss of benefits your employer provided.
Even if you return to work in a limited capacity, there may be a difference between your previous earnings and your new reduced income. Fortunately, you can seek compensation to make up the difference.
Other Financial Losses
In addition to medical and employment-related expenses, victims of premises liability injuries may also seek reimbursement for:
Home modifications due to permanent disability
Transportation to and from medical appointments
Property damage if you lost any personal belongings in the accident.
A government entity, insurance company, or other third party may also have a lien against your recovery. This is a complex area of the law. Whether a lien applies—and the amount of any reimbursement—can vary depending on the nature of the case, the type of insurance involved, and the source of healthcare coverage. This should always be discussed with your attorney.
It is important to document your various losses thoroughly to ensure that you receive sufficient compensation. A qualified personal injury attorney can help determine what losses you may be able to recover in your situation.
Contact Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters today at [nap_phone id="LOCAL-CT-NUMBER-1 "] to learn more about how we can assist you with your claim.
Pain and Suffering
Compensation for pain and suffering acknowledges the physical pain and discomfort the victim experiences due to an injury. It can be influenced by several factors, including:
The nature and severity of the injury
The estimated length of recovery
The possibility of permanent disability.
While pain and suffering are considered non-economic impacts, they are nonetheless an important consideration, as they can take a heavy toll on all aspects of an injury victim’s life.
Emotional Distress and Suffering
In addition to physical pain, accidents and resulting injuries can have negative psychological effects, leading to mental health concerns like depression, anxiety, or post-traumatic stress disorder (PTSD). Compensation may be available to cover residual anxiety or fear or loss of enjoyment of life after the accident.
Loss of Consortium
If your injury has harmed your relationship with your spouse or family members, you may be entitled to compensation for loss of consortium. These damages are specifically for loss of companionship, intimacy, support, or the ability to engage in normal relationships.
Factors That Affect Compensation in a Premises Liability Case
Liability
In order to obtain compensation in a premises liability case, you must establish liability on the part of the property owner or manager. It can be helpful to ask the following questions:
Was the property owner aware of the hazard that injured me?
Were warning signs posted to inform lawful visitors of the potential danger?
Were reasonable steps taken to prevent the accident?
If the answers point to negligence, the victim may have a strong case for compensation. Fall down cases are a common example of how property owner negligence can contribute to personal injuries.
Comparative Negligence
Pennsylvania follows a modified comparative negligence rule, which means your compensation may be reduced if you are found to be partially responsible for the accident. If you are more than 50% at fault, you may be unable to recover any damages.
Severity and Long-Term Effects of the Injury
When an injury is severe and long-lasting or permanent, higher compensation becomes a possibility. When considering the extent of damages a victim can receive, courts consider conditions like permanent disability, the need for ongoing medical treatment, and the impact on the victim’s day-to-day life and employment.
Wrongful Death Claims in Premises Liability Cases
When a premises liability accident results in anavoidable death, the victim’s surviving family members have the right to pursue a wrongful death claim. These cases make available additional compensation to cover various costs associated with the loss of life, including:
Funeral and burial costs
Loss of the deceased’s income and financial support
Emotional distress and suffering of the surviving relatives
Loss of companionship.
The nature of wrongful death claims makes them more complex than traditional premises liability claims. However, it is crucial for the surviving loved ones to exercise their right to pursue such a claim, especially when there is financial need.
How an Attorney Can Help Maximize Your Compensation
The Benefits of Skilled Legal Advocacy
Managing a premises liability claim on your own can be difficult, and property owners and their insurance companies have a way of complicating matters and attempting to minimize payouts. When you have an experienced attorney on your side, they can help by:
Gathering and presenting strong evidence to support your claim
Your lawyer will be there throughout the legal process to uphold your rights, promote your interests, and make sure you get the outstanding representation you deserve.
Holding a negligent property owner accountable will not only ensure that you receive the compensation you need but also help prevent similar accidents in the future.
Schedule a Free Telephone Consultation Today
If you or someone you love has been injured because of hazardous conditions on someone else’s property, you do not have to face the aftermath alone.
Premises liability law in Pennsylvania is complex. Questions of ownership, control, and notice—as well as liens and insurance recovery—can make a major difference in your outcome.
Contact Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters today at [nap_phone id="LOCAL-CT-NUMBER-1 "] to discuss your legal options and learn how we can help you move forward.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[How to Get a Car Accident Police Report]]>https://www.riederstravis.com/?p=461652026-01-20T06:24:55Z2025-07-02T04:00:00ZSteps to Obtain Your Car Accident Police Report in Pennsylvania
You have two options if you have recently been involved in a collision and you or your Williamsport car accident lawyer needs to obtain a report. The one you should use depends on the agency that investigated the car accident. Sometimes it is more efficient for you to get your own report. The attorney will let you know which is the best approach.
Accidents Investigated by the Pennsylvania State Police
If the accident occurred on a state road or highway, the Pennsylvania State Police (PSP) is likely the investigating agency. You can request a copy of a PSP vehicle crash report on Pennsylvania’s state government services website by taking the following steps:
Complete a crash report online search using a case number given to you by the responding officer or your last name and the date of the accident.
Locate your specific crash report on the next page.
Fill out the web form and indicate a reason for your request.
Wait for a confirmation email that your request has been received.
Wait for an approval or denial message.
Pay for your vehicle crash report using the link in the approval email.
Receive your crash report in a separate email.
You may also use the state-issued crash report application for mail requests. Any person involved in the crash, their attorney or insurer, or a government agency may request a report. Currently, a $22 fee is required to receive the report.
Keep in mind that your vehicle crash report may take 15 or more days to become available. The PSP asks that citizens wait until the appropriate amount of time has passed before requesting a report via mail or email.
Accidents Investigated by a Local Agency
Accidents on local roads or within municipalities tend to be investigated by a local agency instead of the PSP. Remember that each agency will have its own official process and timeline for requesting records.
For example, the Williamsport Bureau of Police aims to provide reasonable disclosure of information in compliance with the Pennsylvania Right-to-Know Law (RTKL). You may file an RTKL request through the Office of Open Records (OOR) in person or online, as well as through email, fax, or mail using the OOR’s standard request form. You can also contact the Williamsport Bureau of Police Records Department by email or phone.
Do you need assistance with obtaining a police report after your car crash? Call our team at Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters at [nap_phone id="LOCAL-CT-NUMBER-1 "] for a free telephone consultation today.
Filing Your Own Police Report After a Car Accident
Section 3746 of the Pennsylvania Statutes requires drivers — or passengers if the driver is disabled or incapacitated — to call the police if an accident results in injury, death, or property damage so severe that the car cannot be driven safely and must be towed away. However, there may be incidents where police cannot respond to the accident. This can be particularly true for accidents where injuries are not deemed severe.
If an agency cannot get a police officer to the scene, you must still report the accident to the Pennsylvania Department of Transportation within five days if injury, death, or significant property damage occurred. Filing a report is prudent even if you do not believe anyone was injured or your car sustained only minor damage.
Reports may be required for your insurance claim, which may be your primary source of damage recovery if you have chosen no-fault personal injury protection (PIP) insurance coverage. Additionally, physical injuries and property damage may not be immediately noticeable, and your crash report may eventually become a crucial element in your case, should you take the matter to court or go to the negotiating table with an insurer.
What Information Does a Car Accident Police Report Contain?
A police report generally contains the personal details of everyone involved and critical information on what led to and happened during the accident as the police officer understands it. These details may include:
The date, time, and location of the accident
The names, addresses, and insurance information for each driver
A description of the scene, including weather, traffic levels, and lighting, as well as traffic signals, speed limit signs, and road conditions
A description of the damage to personal property and the surrounding area
A description of injuries and details about where parties were taken for medical treatment
Any statements or descriptions of the incident from the drivers, passengers, or witnesses
A list of citations issued or arrests made, if any
A diagram of the incident that includes the position of each vehicle and the direction in which they were traveling.
Police reports may include additional visual elements, such as pictures or videos. However, the availability of these visual resources depends on the specific protocol of the responding police department.
Car accident reports are often not enough on their own for a lawyer to decide whether a claim is viable. Often, more information is requires. It is important to consult with an experienced attorney who will guide you.
Let a Personal Injury Attorney Review Your Car Accident Report
According to Pennsylvania’s Department of Transportation, about 13 car crashes —and eight resulting injuries — happen every hour. If you have been hurt in one, you are not alone. To hold the at-fault party responsible, obtaining a police report is critical for investigating and building your case. An experienced personal injury attorney can review the report to ensure it is well-written and accurate.
Additionally, the report can provide essential facts that serve as a foundation for determining fault and pursuing and obtaining a good settlement. Ultimately, an accurate police report in the hands of the right attorney can give you the best chance of obtaining a favorable outcome in your case.
If you or your loved one has been injured in a car crash, we can help you navigate the complex legal process afterward. Call Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters at [nap_phone id="LOCAL-CT-NUMBER-1 "] for a free telephone consultation today.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[What Is the Statute of Limitations for Injury Cases in PA?]]>https://www.riederstravis.com/?p=461612026-01-20T06:26:35Z2025-07-01T04:00:00ZYour rights are time-sensitive. Professional legal guidance can mean the difference between receiving compensation and losing everything.
What Is the Statute of Limitations for Personal Injury?
How Long Should You Wait Before Filing a Personal Injury Lawsuit in Pennsylvania?
The statute of limitations is a legal countdown clock for filing a lawsuit. In Pennsylvania, you typically have two years from the date the cause of action accrued to take legal action. This is generally the date of the incident in question—but in some cases, the injury may not be immediately apparent. While two years might sound like plenty of time, the legal process can be complex, and delaying action could hurt your chances of securing fair compensation.
Common Personal Injury Scenarios
Personal injury law covers a wide range of situations:
Each type of case comes with its own set of challenges and specific time limitations.
Detailed Breakdown of Time Limits
There are certain instances where Pennsylvania’s statute of limitations gets a little complicated:
Standard Personal Injury Claims
Pennsylvania law under § 5524(2) gives a two-year window for most personal injury claims. This time frame covers injuries caused by wrongful acts, negligence, or intentional harm. The clock starts ticking immediately from the date of the injury, making prompt action important.
Medical Malpractice Time Limits
Medical errors resulting from negligence follow the same general rule as other personal injury cases: the two-year statute of limitations begins to run from the date the cause of action accrued, which is typically the date the negligent act occurred and caused harm to the patient. However, in some cases, the impact of medical negligence is not immediately apparent.
In such situations, Pennsylvania law recognizes the “discovery rule” (or tolling rule), which may extend the statute of limitations. Under this rule, the clock may not start until the patient, through the exercise of reasonable diligence, knew or should have known of the connection between the medical treatment and the harm suffered. This exception is applied in limited circumstances and requires showing that the person could not have reasonably discovered the injury or its cause earlier.
Claims Against Government Entities
Suing a government agency involves unique rules, depending on the type of claim. For cases brought under a state’s Political Subdivision Tort Claims Act or Pennsylvania’s Commonwealth Immunity Act, you typically must provide a special notice within six months of the injury. However, missing this notice does not always bar a claim entirely. In contrast, civil rights claims brought under federal law—such as Section 1983—are not subject to the six-month notice requirement and generally have a two-year statute of limitations. These claims, however, require proof of deliberate indifference or other specific standards. The rules can be complex, so it’s crucial to consult with an attorney who understands the differences.
Injuries to Minors
Kids get extra protection under the law. If you are under 18 when you get hurt, the two-year time limit does not start until you turn 18. For serious cases like sexual abuse, you might have even more time to file a claim. The law wants to make sure young people can seek justice.
Sexual Abuse
In Pennsylvania, the time limit to file a civil lawsuit for sexual abuse depends on the age of the survivor at the time of the abuse. For survivors who were minors, the civil statute of limitations generally extends until they reach age 30—this includes 12 years beyond the age of adulthood (18). For adult survivors of major sexual offenses, the statute of limitations is typically two years from the date the abuse occurred.
Workers’ Compensation Considerations
The statute of limitations for Workplace injuries and workers’ compensation claims is generally three years from the date of injury. You need to report your injury quickly to your boss and follow specific steps. These claims are different from personal injury lawsuits, and the process can be complicated, so getting help early is important.
It’s also important to understand that claims under Pennsylvania’s Occupational Disease Act fall under the broader umbrella of workers’ compensation law. However, these types of claims may have different statute of limitations rules. For example, an occupational disease must typically be recognized within 300 weeks (approximately 5.75 years) of the worker’s last exposure to the hazardous condition, and a claim must be filed within three years of the date the worker knew or should have known of the connection between their disease and their employment.
Due to these distinctions, individuals suffering from work-related illnesses—such as lung disease from chemical exposure—should consult a knowledgeable workers’ compensation attorney to ensure deadlines are met and their rights are preserved.
Unsure about your legal timeline? Call Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters at [nap_phone id="LOCAL-CT-NUMBER-1 "] for a free telephone consultation.
The Real-World Consequences of Waiting Too Long
Why You Might Hurt Your Case by Waiting Too Long to File
You might want to take the time to weigh your options, get a good Pennsylvania personal injury lawyer, or even talk to people who have been through this. This is a good legal strategy. However, waiting too long has consequences, including:
Physical evidence can disappear.
Witnesses may move away, or their memories could become less reliable.
Medical bills will continue to pile up, and lost wages become a more significant burden.
You will be giving an edge to insurance companies by allowing them time to build a strong defense against your claim.
There will be an increased emotional toll from uncertainty and stress.
Taking quick action protects your rights and gives you the best chance of getting the support you need to recover.
Time is your most critical resource in a personal injury claim. Once it is gone, it is gone forever.
How a Pennsylvania Personal Injury Attorney Makes a Difference
Some people choose to represent themselves in personal injury cases. However, having an experienced attorney gives you the best chance of receiving fair compensation. Attorneys will be able to . . .
Investigate your case immediately
Preserve critical evidence before it disappears
Interview witnesses while memories are fresh
File the necessary paperwork
Navigate complex legal deadlines
Fight against insurance company tactics.
Each of these steps can be important in building a strong case. An experienced personal injury lawyer in Pennsylvania understands the legal landscape and can protect your rights when you might not even know they are being threatened.
How the Discovery Rule Works in Pennsylvania Personal Injury Cases
A good personal injury attorney in Pennsylvania can help you determine whether this rule would be applicable in your case.
In certain situations where an injury is not immediately apparent, Pennsylvania law may allow the statute of limitations to begin later under what is known as the discovery rule. This rule is intended to provide a fair opportunity to seek compensation when the connection between an injury and its cause is not immediately known. However, the discovery rule is complex and applied on a case-by-case basis.
Rather than simply starting the clock when you learn about your injury, the rule focuses on when you knew or, in the exercise of reasonable diligence, should have known of both the injury and its causal connection to someone else’s conduct—such as medical care or treatment.
This is most often relevant in medical malpractice cases, where the relationship between care and harm may not be obvious. Whether the discovery rule applies in more straightforward cases, like motor vehicle accidents, is less clear and can be difficult to argue.
Understanding Your Rights After an Injury in Pennsylvania
Recovering from injuries and dealing with financial stress is difficult — but that does not stop the insurance representatives hounding you with what you suspect could be lowball offers. It is fine to wait until you can think clearly and make sober decisions. However, waiting too long can negatively impact your ability to make a claim or your chances to receive fair compensation. A personal injury lawyer can take some of the chaos off your hands and ensure you are working within the legal time frames as you recover. Take action now and seek the compensation you deserve.
Do not let time run out on your chance for justice. Contact Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters at [nap_phone id="LOCAL-CT-NUMBER-1 "] today.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[Medication Errors vs. Medical Malpractice: Is There a Difference?]]>https://www.riederstravis.com/?p=461592026-01-20T06:27:11Z2025-03-27T04:00:00ZThe Difference Between Medication Errors and Medical Malpractice
The first thing that our medical malpractice lawyers always want clients to understand is that medical errors occur often. Some claim that medical errors are the third leading cause of death in the United States. These are errors that doctors, nurses, and other healthcare providers make during the diagnosis or treatment of health conditions. One of the most common types of errors involves medication errors.
Medication errors refer to prescribing the wrong medications to patients or giving them the wrong dosage. It can also involve labeling mistakes, failing to warn patients of potential side effects, and failing to let patients know how to safely take the drugs. Medication errors can also involve allergic reactions and contraindicated drugs.
When considering medication errors and medical malpractice, the main question is: Whether the generally accepted standard of care in the specific field of medicine has been violated. If your doctor followed the accepted and reasonable standard of care, there may not be medical malpractice.
In order to demonstrate that malpractice occurred in connection with a medication, it must be shown that the standards for prescribing the medication in cases like yours and that the person prescribing or dispensing failed to conform to the standard of care. Those standards are frequently set forth by the pharmaceutical companies themselves, as well as standards in the medical profession. This can mean a variety of issues, such as not considering a patient’s medical history or failing to warn of side effects. You then have to show that the prescription error led you to suffer an injury.
In most personal injury cases, as in medical malpractice, it is necessary to demonstrate a lack of compliance with reasonable standards and behavior. The same test applies in any kind of tort case. Obviously, the standards for doctors are going to be different than the standards for drivers, but in all cases reasonable care must be utilized.
One of the reasons why medical malpractice cases are difficult and require experienced representation is because of the difficulty of determining the standard of care in a medical matter and obtaining experts who are willing to testify and are qualified.
In connection with medication errors, a doctor or an institution may be negligent if a pharmaceutical is prescribed that is not suitable for the patient’s condition or may be contraindicated with other medications. The dosages need to be correct. The pharmaceutical needs to be properly monitored. Any warnings from the pharmaceutical companies must be heeded and followed. Nurses and other hospital personnel may be liable if they administer the wrong medication during or after procedures. Typically, a doctrine called vicarious liability will make the superiors of the nurses and hospital personnel liable. In some cases, we will avoid suing nurses and hospital personnel other than doctors, but this has to be looked at on a case by case basis.
Sometimes pharmacists may make errors that are negligent and violate the standard of care.
In some instances, liability may come down to the manufacturer of the drugs. This is a very difficult area of the law. Typically, if the FDA has approved the sale of a drug, they cannot be the subject of a lawsuit for being defectively designed. However, there may be claims for lack of warnings or other reasons. In very exceptional circumstances, a drug may be defective because it causes so much more harm than good. This is a rarity.
Pharmaceutical liability is complex litigation.
Understanding Who Can Be Held Liable
Medication errors that are considered medical malpractice open the door to being able to file a lawsuit against those who are responsible. That means, however, needing a clear idea of who can be held liable. Doctors can be negligent if they prescribe something that is not suitable for the patient’s condition or that can cause side effects with other medications that they are taking. Nurses and other hospital personnel could also be liable if they administer the wrong medications during or after procedures. Additionally, hospital pharmacists or outside pharmacists could be responsible if they fill the prescriptions incorrectly.
In some instances, however, liability may come down to the manufacturers of the drugs. If they have a design defect that makes the drug dangerous even when properly prescribed, you can file a lawsuit against them for putting the public in harm’s way. Pharmaceutical liability is particularly complex to prove, however, and it requires you to go against powerful pharmaceutical companies, so you should never attempt it without legal representation.
Our law firm has been helping the people of Williamsport since the 1800s.
Damages for Medical Malpractice
If medication errors have led you to suffer losses and you pursue a claim, you can receive compensation in the form of damages. These are classified into two types: economic and non-economic.
Economic damages compensate you for the financial losses you sustained because of the medication error. That can mean coverage for medical expenses, as well as future care that you may need. If you have to make adjustments to your home or vehicle to accommodate a disability that occurred because of the medication, economic damages can cover these, too.
Often, serious injuries that occur as a result of medical malpractice can leave you unable to work. You might not be able to return to work at all. In those instances, you can receive lost wages and loss of earning potential.
If a loved one suffered a wrongful death because of medication errors, you can claim funeral expenses as well as the costs of hiring people to perform services that your loved one used to do, such as childcare.
Non-economic damages compensate you for losses that are not financial in nature and, therefore, do not carry a simple price tag. These damages compensate you for physical and emotional distress and suffering that occurred because of the medical malpractice. The severity of the injuries and how long they will take to heal will impact these damages. Additionally, you can claim loss of enjoyment of life if you cannot live your life as you used to.
It is also possible to claim loss of companionship and support if a loved one dies because of a medication error.
If a medical professional malpractices in connection with medications, you may have the right to file a claim against the liable parties. These cases are never easy to pursue without legal representation because they require showing that the standard of medical care was breached. To help you navigate the legal process, you need experienced lawyers.
At Rieders, Travis, Dohrmann, Mowery, Humphrey & Waters, our team of medical malpractice attorneys can investigate medical negligence and gather evidence that demonstrates the provider failed in their duty of care. If there are other liable parties, we can address their responsibility, too. These claims require negotiating with insurance companies and sometimes private parties as well. Many times hospitals and doctors are self-insured or are covered by so-called risk retention groups. You need lawyers who will fight on your behalf to help you receive a fair result.
Call us at [nap_phone id="LOCAL-CT-NUMBER-1 "] to schedule a free telephone consultation with one of our Pennsylvania medical malpractice lawyers.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[How to Calculate Pain and Suffering in a Car Accident Case]]>https://www.riederstravis.com/?p=461712026-01-20T06:27:43Z2025-03-26T04:00:00Zharmed in vehicle crashes throughout Pennsylvania.
When you are injured in a car crash, contact the experienced personal injury lawyers at Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters today by calling [nap_phone id="LOCAL-CT-NUMBER-1 "] for a free consultation, or use our online contact form.
What Is Considered “Pain and Suffering”?
Pain and suffering is the diminishment in your happiness and quality of life that resulted from your injuries. It can include:
Physical pain
Disfigurement
Emotional and mental trauma, such as fear, stress, insomnia, anxiety, grief, worry
Inconvenience
Loss of consortium (marital relations)
Loss of enjoyment of life.
These losses are not directly and strictly tied to the cost of treatment. However, in Pennsylvania, the cost of treatment may not even be admissible to a jury under our Mcare Act.
How to Calculate Pain and Suffering in a Car Accident Cases
Pain and suffering losses are determined by the severity and duration of your injuries. Grievous injuries that cannot be cured, such as amputation or brain damage, will justify greater compensation than temporary injuries that heal. Pennsylvania has no cap on non-economic damages, except in cases involving lawsuits against government entities that do not involve civil rights claims. However, courts will review non-economic damages, where a case goes to verdict, to assure that they are not out of line with the injuries suffered.
The law does not impose a specific formula for calculating these losses. Instead, jurors are typically advised to use their sense of fairness to value pain and suffering.
Since insurers need predictability in their businesses, they typically use one of two formulas to calculate pain and suffering for settlement offers.
The multiplier method adds up all the easily calculable economic losses and multiplies those by a number, called a multiplier, between 1.5 and 5. The multiplier used will depend on such factors as the seriousness of injuries, whether the injuries will be permanent, and the impact of your injuries on your day-to-day life. The number resulting from multiplying the factor by the economic losses gives the total award.
Thus, suppose that you suffered permanent spinal cord damage. This could justify a large multiplier, such as a 5. Also, suppose that you had $100,000 in losses due to medical bills and lost income. The total compensation according to this formula would be $600,000, with $100,000 in economic losses and $500,000 in pain and suffering.
The other method — the per diem method — assigns a certain amount to every day you suffer, from the day of the accident until you reach maximum recovery. The daily rate used can vary, and a reasonable rate may often be your daily earnings.
Injury attorneys do not need to use the insurance company method. Our method presents a complete picture of the loss to the insurance carrier or the defendants. Our car accident attorneys also look at other results from around the state and the country.
Neither of these formulas are etched in stone, and they are not always strictly followed. There are many other ways of evaluating claims which sometimes make little or no sense to the victim.
Pain and Suffering Damages in a Car Accident Case
In Pennsylvania, a damage award for non-economic loss includes five items:
Pain and suffering
Embarrassment and humiliation
Loss of enjoyment due to injuries that limit your activities
Disfigurement due to the loss or scarring of a body part
Emotional distress.
Your testimony about the impact of your injuries on your life explains the type of losses you suffered. We can also use testimony from relatives, co-workers, or other people who know how your injuries affected you. Finally, we may use testimony from your doctor about the long-term effects of your injuries.
Do Car Insurance Companies Have to Pay for Pain and Suffering?
Pennsylvania insurance law requires policies to offer coverage, at a minimum of $5,000, for hospital and medical expenses. If you bought full-tort or suffered what the law defines as a serious injury with limited-tort insurance, you can pursue pain and suffering damages from the other driver’s insurer. Of course, there can be a contest as to whether the injury was serious enough to permit an award of pain and suffering where you only have limited tort.
Specifically, limited-tort insurance limits your ability to seek pain and suffering losses except in cases where you suffered permanent disfigurement or serious impairment of bodily function. Examples of these injuries include:
Permanent and significant scars
Burns
Loss of a limb
Loss of the function of an organ
Impairment of a body part, such as a limp or nerve damage.
Conversely, full-tort insurance always allows you to pursue pain and suffering damages, regardless of the injuries you suffered. However, full-tort insurance is more costly than limited-tort insurance. Therefore, some motorists do not buy a policy with full tort. There are other insurance options that make a tremendous difference. It is always important to not sign any waivers of underinsurance coverage. You are entitled to as much underinsurance as bodily injury protection. Some people sign waivers to accept less coverage than their bodily injury protection. Other people reject stacking. Stacking permits multiple coverages depending on the number of cars you have.
Do not settle for less than you are entitled to. With our team on your side, you can pursue a fair settlement after a car accident.
Contact us for Help With Calculating Pain and Suffering
If you or a loved one has been injured or someone has died in a car crash, you should contact an attorney as soon as possible. Pennsylvania has a statute of limitations of two years after the accident for filing a personal injury lawsuit. The sooner you file, the easier it is for your attorney to find witnesses and evidence to help your case.
Pennsylvania car accident attorney Clifford A. Rieders of Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters has spent decades honing his skills and successfully representing Pennsylvania families who have suffered an injury or loss due to another driver’s negligence. He has also earned many honors and awards over his career.
Our attorneys offer personal attention and loyalty to every client, aggressively fighting for their right to compensation. Contact Cliff Rieders at Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters by calling [nap_phone id="LOCAL-CT-NUMBER-1 "] or use our contact form to learn more about pain and suffering compensation. Based in Williamsport, we serve clients throughout the state of Pennsylvania and offer free consultations on all personal injury matters.]]>On Behalf of Rieders, Travis, Humphrey, Harris, Waters & Dohrmann<![CDATA[Arbitration-Nursing Home-Unconscionability]]>https://www.riederstravis.com/?p=461552026-01-19T14:03:07Z2025-01-24T05:00:00Z