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What Does It Mean To Have “Limited Tort” Car Insurance?

When you were buying car insurance, your insurance representative likely asked if you wanted “Full Tort” or “Limited Tort,” and explained that choosing “Limited Tort” generally gives you a discount on your premium. But do you really understand the difference, and what you’re giving up if you choose “Limited Tort” to save a little on your premium?

If you are injured in an accident, you might realize that the minimal savings from choosing “Limited Tort” weren’t worth it. The unfortunate truth is that car accidents often leave lasting emotional and physical effects, and can alter your life. When you waive your right to recover pain and suffering with “Limited Tort,” you give up your right to be paid for those emotional and physical scars. While there are some exceptions that allow “Limited Tort” claims to pursue pain and suffering (i.e. if the other driver is convicted of DUI, the victim is a pedestrian or cyclist, or an occupant of a non-private vehicle, etc.), these are uncommon circumstances. Regrettably, many Pennsylvania drivers do not realize what they are truly giving up when they select their policy.

The first question we ask when meeting with new clients after a car accident is whether they are “Full Tort” or “Limited Tort.” On those occasions when the answer is “Limited Tort,” our clients are often shocked to learn that they may not be able to pursue a claim, despite clear liability on the other vehicle. That’s why we try we always encourage Pennsylvania drivers to choose “Full Tort” car insurance, because the minimal savings on their premium is far less than the compensation they’re giving up if they are hurt in an accident.

We regularly represent injured persons in auto accident claims in Philadelphia, Delaware County, the Main Line, and surrounding areas. While nothing can completely erase the physical and emotional impacts of a car accident, our attorneys can help you get the full value for your suffering. If you have been injured in a car accident, call our office at 610-446-3457 to set up a consultation with our attorneys. We will explain the process, guide you, and fight to get you compensation for your injuries.

Please vote for the Havertown Law Offices of Daniel J. Siegel, LLC in the Delco’s Best Lawyers poll.

Please vote for the Havertown Law Offices of Daniel J. Siegel, LLC in the Delco’s Best Lawyers poll in our major practice areas: Appellate; Personal Injury; Workers’ Compensation. To do so, go to http://pa.digitalfirstmedia.com/delcotimes/toplawyers/. Voting ends Thursday, March 8th.

Here’s why we believe we have earned your support.

  • In 2017, we were appellate counsel, and won, two Pennsylvania Supreme Court cases, that expanded the rights of injured workers (workers’ compensation) and auto crash victims (personal injury). No other firm in Pennsylvania can say that! We won many other cases at trial, or on appeal, and settled numerous other matters without the need for trial.
  • 2/3rds of our clients are lawyers. They hire us to serve as appellate counsel or to assist them in preparing their complex workers’ compensation and personal injury cases. As part of these services, nearly 2,000 attorneys and judges read our monthly newsletter highlighting recent Pennsylvania appeals court decisions.
  • We are especially proud of our reputation for representing our friends and neighbors throughout Delaware County and the Main Line in their cases.

Our office is proud of our reputation for providing high quality legal services in an affordable client-focused manner.

We are also proud that we have been recognized by our peers in Super Lawyers and Best Lawyers in America.

For these reasons, we ask our clients and friends to vote in the poll for Delco’s Best Lawyers. Just go to http://pa.digitalfirstmedia.com/delcotimes/toplawyers/.


Answers to Common Questions About the Unwanted Side-Effects of Some Medicine

 So, you’ve taken a drug and experienced a side-effect. Most are minor and go away quickly. But others can be serious or fatal. As a result, we’ve put together the following questions and answers to help you understand your rights if you experience side-effects from medicine.

  • When a doctor prescribes medicine, do we have to read all the lengthy print-outs, pamphlets and warning labels?
    • Manufacturers or physicians may be held liable to pay damages caused by their failure to warn a patient about side-effects of medication. Federal law requires a manufacturer to provide warnings about potential risks on prescription labels and instructions. The strongest warnings a manufacturer must provide are black box warnings. Similarly, physicians must know about these warnings, and have a duty to inform the patient about them before prescribing the medicine.
  • What if you have an adverse reaction to a drug and believe that your doctor failed to take the proper steps or that the manufacturer didn’t warn you about the side-effects?
    • The failure to warn about potential side-effects may be a basis for a lawsuit against either the physician or manufacturer or both. If a manufacturer or a physician fails to warn to patient of a risk, then either may breach the “duty of care” to the patient. Expert testimony can establish that a drug caused an injury. See Stange v. Janssen Pharma. et al., 2018 PA Super 4 (Pa. Super. Jan. 8, 2018).
  • What should I do and what should my doctor do to reduce the possibility of these side effects?
    • First, a doctor should know the characteristics of the drug.
    • Second, the doctor must also know the safe amount of the drug to prescribe.
    • Third, you should tell your doctor about any medication you are taking.
    • Fifth, your doctor should advise you of “any dangers or side effects associated with the use of the drug.”
    • Sixth, the doctor should explain to you how and when to take the drug.

If you believe that a prescription caused you injuries, contact the Law Offices of Daniel J. Siegel, LLC. We can review your situation, and we work with other law firms that handle these types of claims.


What Should You Do If You’re Injured In A Car Accident?

When you or a loved one are involved in a car accident, the most important thing to do is get to safety and get medical care for any injuries. However, in the midst of scary and unexpected car accidents, many people may not know what other steps to take, or think about the long-term implications of the accident. It’s important to be aware of what steps should be taken after you and your loved ones’ immediate safety and medical needs have been addressed.

  • Call 911: Call the police as soon as possible. The police can help facilitate your safety and medical care, and can file a report to initiate a record of the accident.
  • Seek medical attention: Even if you don’t think you have suffered injuries, or feel your injuries are minor, it is important to seek medical attention. Many people do not feel the full effects of their injuries upon impact, and your adrenaline can mask pain. In addition to ensuring your physical health is properly addressed, documenting your injuries is important if you need to pursue legal action.
  • Obtain contact information: While most people know you should exchange contact and insurance information with the other driver(s), it is also important to gather contact information of any witnesses to the accident.
  • Take photos: If possible, you should take photos of the accident scene. If you need to pursue legal action, photos are helpful evidence to support your testimony and your case.
  • Contacting your insurance company: While you should notify your insurance company of the accident, you should not admit fault, and only give the basic information necessary to open a claim. Keep in mind that anything you say to your adjustor or the other driver’s insurance company can be used against you in your case.
  • Contact an attorney: If you or any passengers are injured in an accident, you should contact an attorney who regularly handles these cases as soon as possible.

We regularly represent injured persons in auto accident claims in Philadelphia, Delaware County, and the surrounding area. While nothing can completely erase the physical and emotional impacts of a car accident, our experienced attorneys can help when insurance companies refuse to fully compensate you for your suffering. If you have been injured in a car accident, call our office at 610-446-3457 to set up a consultation with our attorneys. We will explain the process, guide you, and fight to get you compensation for your injuries.

Underdogs – The Philadelphia Eagles Theme Resonates for This Lawyer

By now, everyone has heard about the Philadelphia Eagles and their rise to football supremacy as underdogs – the team that no one respected. On Sunday, we’ll see if the Eagles prove just how underrated and disrespected they were by winning the ultimate NFL prize, the Super Bowl.

Many people have expressed disbelief that being an underdog, or being disrespected, can be a motivator. I can attest that it can be and is a tremendous motivator. I know from experience, and have used that experience to motivate me even more to assure the best results for every client.

 In law school, I had no interest in joining a large firm, and never seriously attempted to be on law review. As a result, classmates (and some law firms) didn’t take my legal skills seriously.

As a lawyer, I have always practiced in small firms. Invariably, when involved in cases with attorneys from large firms, I could sense their assumption that I was not as capable as they were because they were on law review, or came from a more prestigious school than Temple, from which I graduated, ignoring the fact that many of our region’s finest lawyers attended this hometown law school.

When I ventured out as a solo, the stigmas became more obvious, and sometimes lawyers did not hide their derision. Then they would read one of my briefs, or hear my oral argument, and their perspective changed, dramatically. Just last year I was hired as appellate counsel in a complex personal injury matter that the trial court had dismissed. I called opposing counsel to request an extension of time to file our brief. Our conversation was laden with condescension.

Then my opponent, a graduate of an Ivy League university and a “top 20” law school (compared with Temple’s ranking at number 50), and a partner at a large firm, received my brief, and heard the argument in the appellate court. His attitude became far less superior, and it changed even more when the court ruled in my client’s favor and reversed his victory. Even worse, his client hired another lawyer to handle the case.

I have always had confidence in my skills, and know that there is a reason judges regularly comment about the quality of my firm’s work. One Pennsylvania Supreme Court Justice recently approached me out of the blue, and began to tell me (in front of numerous other attorneys) how “exceptional” and “extraordinary” my brief was in a case that had been argued earlier that day.

Each of us measures our success differently, and each of us uses different tools to motivate ourselves. For me, the fact that some lawyers believe they are superior because of where they went to law school motivates me not only to win but also to demonstrate that my decision to live at home and attend one of the finest law schools in the country, albeit not one in the “top 20,” does not mean that my skills are better, or worse, than an attorney who graduated from another school.

When I consider the number of precedential cases in which I have served as counsel, I understand fully why the Philadelphia Eagles wear their underdog status as a badge of honor, and use it to help drive them toward a championship. Each of us must earn respect from our colleagues, and often the only way to do so is to defeat a supposedly “superior” opponent. Underdogs understand how hard they have to work to gain respect – and win. Let’s go Eagles!




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