Personal Injury Attorney Joyce J. Sweinberg

Happy New Year 2012 !!!

2012-01-01T11:23:00.000-08:00

The year 2011 was very difficult for many people here in the USA and around the world. The truth is we cannot control what happens in the world around us, but we can control how we react to it! May all beings be free from suffering...

HAPPY NEW YEAR 2012 •˚° ★。 ° ˛˚˛★* •。* •。★* •。★*˚
° 。.°˛˚* _Π_____*。*˚° 。 ° ˛˚*˚° • 。 ° ˛˚*˚° • 。 ° ˛˚
˚ ˛˛•˚ */______/~＼ MAY YOUR NEW YEAR BE PEACFUL AND BLESSED*
。˚ ˚ ° 。• ° ˛˚˚° 。 ° ˛˚˛˚˚° 。 ° ˛˚˛•˚° ★。 ° ˛˚˛★* •。* •。★* •。★*˚
...˚ ˛˛ ˚ *｜田田｜門｜ ˚˚˚° 。 ° ˛˚˛˚* •˚° ★。 ° ˛˚˛★* •。* •。★* •。★*

.....from Bucks County personal injury attorney Joyce J. Sweinberg

2011-12-24T18:32:00.000-08:00

Happy Hanukkah!

2011-12-21T15:34:00.000-08:00

May the lights

of Hanukkah

ignite the miracle
of faith in your heart!

FOREWARNED IS FOREARMED

2011-12-17T15:34:00.000-08:00

THIS IS A LIST OF SUGGESTIONS TO CLIENTS, WHICH MY OFFICE PROVIDES WHEN WE OPEN A NEW CASE-I AM SHARING THIS WITH YOU AS IT NEVER HURTS TO BE REMINDED OF CAUTION IN OUR BEHAVIOR WHEN WE HAVE A CASE PENDING...

    1. TALK TO NO ONE - Do not discuss your case with anyone else, except your attorneys or their investigators. You should always require identification of anyone asking about your case. You should not even talk to your own insurance company or to any lawyers hired by your own insurance company without notifying us first, so that we have an opportunity to determine if we need to be present during any discussion. We will generally want these statements taken in our office.

    2. REPAIRS - Do not have your automobile, machinery, household item or other object that was involved in your accident repaired until we have had time to examine it, have it photographed, or have it examined by an expert as we feel may be necessary to preserve evidence as needed for your case. If your case involves a product or instrument which is not in your control, please try to see that it is not repaired or disposed of until we have photographed it and had it examined by an expert if necessary.

    3. DO NOT SIGN ANYTHING WITHOUT CONSULTING WITH US FIRST - Please contact us first before you sign any documents related to your case. We should have an opportunity to examine those documents and advise you with regard to the documents. Applications for insurance benefits, reports to the State, returns to work, or any changes in treatment should be reported to this office promptly. Disability or unemployment applications should first be checked by us.

    4. YOUR DOCTOR - Tell your doctor all of your complaints. The doctor's records can only be as complete as what you have told the doctor. This is your responsibility. If you see additional doctors for additional treatment, please advise us immediately so that we may send to them for their records, medical bills, prescriptions, etc. Keep track of all medicines and prescriptions taken.

        THEIR DOCTOR- If your case goes into litigation, it is very likely that the defendant will schedule you for an examination with a physician of its choice. This is their right to do so and there are very few circumstances where we can oppose what is referred to as a defense medical evaluation.

    5. PRIOR INJURIES - It will help your case to tell me about any prior injury to any parts of your body or prior medical conditions. Many good cases are lost because of the injured person's failure to advise the attorney of past injuries. The Defense can obtain full copies of all present and past medical records.

    6. NEW INJURIES - If you are in ANY other accidents, call us immediately.

7. PRIOR CLAIMS - Insurance Companies keep a record of any and all claims against any insurance company. The Insurance Company is sure to find out if you have ever made a previous claim.

    8. DIARY - Please keep a daily or weekly record of your complaints and progress. This can be very helpful when, a year later, you will be asked to recall your pain and suffering. You should keep track of all of your symptoms, as this will be most helpful to us in presenting your case, and most helpful to your doctors in treating you. Please note what activities you are no longer able to perform. If you have a spouse or housemate, ask him or her to help you keep these records. It is not enough to say to the insurance company that you hurt - you must be able to say how you hurt.

    9. INVESTIGATION - Insurance Companies do not pay money willingly. The Insurance Company can be expected to thoroughly investigate the facts of the accident, the claim for medical treatment, and any past injuries or claims. The Insurance Company will obtain copies of all past medical records. This is why it is so important for you to advise us in complete detail of previous accidents and previous medical conditions.   You should be aware that some insurance companies will place you under surveillance and take motion pictures of you as you go about your daily business. The Insurance Company may hire a private investigator to question neighbors about you and your activities. You should not discuss your case with anyone. If someone contacts you, tell them you have an attorney and give them our office number. If you find that someone appears to be loitering around your home, please feel free to call the police and report that fact and request that they investigate.

    10. WAGES AND EARNINGS LOST - Please keep an accurate record of all days lost from work because of your injuries.

    11. MEDICAL BILLS - Please obtain and keep duplicate copies of all medical, hospital and prescription drug bills. You should periodically send these bills to us for our files. Also keep records of any other expenses you may have in connection with your accident, such as help in cleaning your home. All your bills should be paid by check or you should obtain and keep receipts.

    12. WITNESSES - Immediately furnish us with the correct names, addresses and telephone numbers of any and all witnesses. If someone will be leaving the area permanently, please call us so that we can take their deposition if necessary.

    13. EVIDENCE - Give us the negatives and prints or digital media of any photographs pertaining to your case which you or your friends may have taken. If you are required to be hospitalized or to wear a cast, brace, or other such appliances, save them for evidence at trial. You should also notify us that you require these items, as we may desire to have photographs taken.

    14. YOUR ADDRESS - Be sure to keep us advised of any change in your address or telephone number.

    15. SPECIAL FACE BOOK WARNING! With the advent of internet social networking sites such as Face book and Twitter emerges the danger of saying the wrong thing! Please keep this in mind: a.) Keep the privacy settings on your accounts as restrictive as possible-if they are public, the defense can access them and copy content from your account. b.) Do not accept friend requests from anyone you do not know. c.) Think before you post-can what you are about to post be considered adverse to your ongoing claim? This includes photos. d.) Do not discuss your case on your account or any other public site where anyone can go and read it.

    16. QUESTIONS - We may not contact you until we have something definite to report. We will be contacting you for depositions, answers to Interrogatories, and when your case goes to trial, which may not be for quite some time. If you have specific questions, don't hesitate to call us. However, please be patient and realize that many things are done on your file without your presence, and also that the processing of a personal injury case takes time. It can take many months to settle a claim. In fact, it is dangerous to settle neck or back claims within the first year since it often takes a long time for serious injuries to become evident.

www.jjsassoc.net

Deer in the Headlights!!!

2011-11-19T14:46:00.000-08:00

As a Bucks County personal injury attorney, I see all sorts of circumstances leading to car accidents. One of the most dangerous to life and property is an accident involving wild animals on the roadway, in particular, deer who streak out in front of our cars or literally jump into our cars. It is said that the fall is one of the more dangerous times of the year for this, so I thought I would share some driving safety tips which I found online.

First, though, I want to share with you the video below, which is a perfect example of how deer can sometimes be glued to the road, in this case by fear. According to reports, the deer in the video had almost been struck by a vehicle as she crossed the road. Frozen with fear, she stood in the middle of the road for almost one half hour before she was rescued by a sheriff's deputy.

When he came to her and tried to nudge her to move from her spot, she would not move, so he picked her up and actually carried her to the side of the road. After a few moments and a few friendly pats on the back from him, she finally came to her senses, and bolted off into the woods. This story exemplifies the danger to both the animal and to the occupants of the vehicles on the road. Fortunately, it had a happy conclusion. After you have viewed it, look below for some tips on avoiding a collision with deer on the road.

http://www.youtube.com/watch?v=iEIuXb1c9rQ

Both person, animal and property can suffer significant damage from collisions with deer. Serious injuries and death can occur from these collisions. Consumer Reports.org tells us that the average car-deer collision produces approximately $3171 in property damage. Where I live, I see dead deer on the side of the road far too often. While part of the problem is simply the diminishing space for the deer to safely roam, there are things we can do as drivers to help avoid such outcomes.

SLOW DOWN   This is so obvious but we sometimes starts cruising along and forget just how fast we are going. Deer are especially active around dawn and between the hours of 6 to 9 pm. At night time, there is the additional risk of them being transfixed by the headlights of traffic, making the danger even worse. Try and be aware of your speed and your surroundings in areas where you see deer-crossing signs, wooded areas, and fields and parks which deer and other wildlife tend to inhabit.

PAY ATTENTION    Pay attention to your regular routes and the places where you often see deer grazing and congregating together. Try to remember to slow down and watch carefully for any activity in these areas. If you should see a deer on the side of the road, slow down while you pass.

BRAKE OR STOP   It is often suggested that you brake rather than swerve to avoid a deer on the road, as swerving can put you at risk for hitting another car or losing control of your vehicle.

BE ON THE LOOKOUT   Be on the lookout for other deer, as they often travel in groups and will follow each other onto the road. If you see one, others are likely to follow.

BUCKLE UP FOR SAFETY   This advice applies whenever you get into your car, not just for yourself but for your passengers, too. I won't start moving my car until everyone has buckled up! A study showed that 60 percent of people killed in animal-vehicle collisions were not wearing their seat belts.

Do you have any other safety tips for avoiding collisions with animals in the wild? Please share them here.
Feel free to contact me at www.jjsassoc.net

Thanks for some of the information in this post goes to:

http://www.madisoncountycourier.com/2011/11/09/traffic-safety-reminder-fall-is-a-dangerous-time-for-car-collisions-with-deer/

Safety Tips for Halloween

2011-10-28T14:55:00.000-07:00

Bucks County personal injury lawyer, Joyce J. Sweinberg, Esquire, wants to wish all of you a happy and safe Halloween!!!

Here are some suggestions from ACH Injury Prevention Center to help your trick-or-treaters have a fun and injury-free Halloween...

Costume safety:

Costumes should be brightly colored and made of flame-retardant fabric
Be careful around candles and luminaries
Avoid costumes that drag the ground and cause a tripping hazard
Make sure that shoes fit properly to avoid tripping
Use reflective tape on costumes or provide children with flashlights, glow sticks or glow-in-the-dark bracelets so cars can see them;
Masks should not obscure the child’s vision
Face paint is a good option, but be careful to avoid skin and eye irritation
Carry only flexible “weapons” (knives, swords and other props)
Have your child carry some form of I.D. with emergency contact information.

Safety:

Select a predetermined route for your children
Trick-or-treat in familiar neighborhoods and visit only houses that are lighted
Instruct children to never enter the home of a stranger
Children should trick or treat in groups and be accompanied by a responsible adult or older sibling
If there is no sidewalk, walk on the left side of the road facing oncoming traffic
Watch for oncoming traffic when crossing a street to visit the next house
Remain on well-lighted streets.

Candy safety:

Instruct children to bring candy home to be inspected before they eat it
Dispose of any loosely wrapped or unwrapped items, or those that have any suspicious-looking marks or punctures
Small hard candies, popcorn, peanuts and very sticky candy can be possible choking hazards for children 3 years of age and under
Throw away homemade treats.

Driving safety:

Drive slowly and watch carefully for children crossing the street
Check for children before backing out of driveways
With children on the streets, it is especially important to put down the cell phone and not text behind the wheel
Keep car headlights on to ensure you see all little ones nearby
Be sure to use your child’s car seat or booster seat each time you get in the car, even if you’re only traveling a short distance.

Homeowners:

If trick-or-treaters are welcome at your home, leave the porch light on
Remove any tripping hazards from the lawn and walkways to the home
Try using strings or lights instead of candles, which can cause fires
Consider healthy food alternatives or non-food treats.

Taken from expert-tips-for-a-safe-halloween

Visit me at www.jjsassoc.net

Webwire Press Release

2011-10-13T16:15:00.000-07:00

Joyce J. Sweinberg is a Bucks County Pennsylvania personal injury attorney who has been serving accident victims since 1981. People in search of an auto accident attorney in Pennsylvania or who need representation for another kind of personal injury will find a dedicated and experienced professional in Joyce J. Sweinberg.

In addition to being a car accident attorney in Pennsylvania, Joyce J. Sweinberg also assists people to file claims for dog bites, slip and fall accidents, product liability, wrongful death, medical malpractice, work injuries, and several other types of personal injury cases. She works closely with the accident victim to advise him or her on a proper course of legal action which will result in the best settlement possible.

Joyce J. Sweinberg enjoys a solid reputation as a personal injury attorney who gets results for clients, while at the same time interacting with them in a caring and empathetic manner. She makes it her personal mission to truly know her clients, and those hiring her for legal services will be able to see a clear difference. She has earned a superb rating on avvo.com.

Although Joyce J. Sweinberg works primarily with personal injury cases, she networks with several other attorneys and can provide referrals to clients needing legal help outside her personal area of expertise.

http://www.webwire.com/ViewPressRel.asp?aId=147607

Helping Injured People Recover

2011-09-14T17:43:00.000-07:00

Steered in the Wrong Direction?

2011-06-22T17:32:00.000-07:00

“What is steering? Steering is a deceptive concept of salesmanship, whereas someone is coerced, directed, pushed or driven to use a specific service provider because the recommender derives monetary consideration, kickbacks, special privilege, economic savings etc. as a result for such activity. Consumers are often led into undesired purchases and making decisions for products and services they later regret because they were steered towards them by design.”
http://www.yourvehicleyourchoice.com/what_is_steering.html

So often when you have an auto accident, the insurance company will send out their adjuster to assess the damage, and then “guide” you to their shop where all the repairs will be done. What may seem like a convenience is actually a business relationship between the insurance company and the repair shop to give them the best price for the work, but not always the best work for you.

You should know that in Pennsylvania and many other states,you do not have to use the repair shop which is recommended by the insurance company, whether it be your own insurance company or the company which insures the person who caused the damage to your vehicle. In Pennsylvania you have the right to have your vehicle restored to the condition it was in prior to the accident which caused the damage. This should include the use of O.E.M. (Original Equipment Manufacturer) parts in some situations. Here is an excerpt from the Pennsylvania Insurance Department website:

Your insurance company is required to pay the amount necessary to return the motor vehicle to its same condition just prior to the damage in question. At your request, you may obtain information from the insurance company regarding repair facilities within a reasonable distance of where the motor vehicle is located and where work will be performed in accordance with the written appraisal. You are not required to use any specific repair shop, but can choose the repair shop you trust.

Excerpted from "Your Guide to Auto Insurance Premiums" - Page 3

And this:

If the vehicle you own has been damaged, the decision of where the vehicle is to be repaired is yours. No insurer, adjuster, appraiser or agent shall require that repairs be made at a specific repair facility.

Excerpted from "Insurance Tips for Pennsylvania Consumers" - Page 2. The source of this can be found in Purdon’s Statutes, Title 63, Chapter 22B, §861(d), also known as the Motor Vehicle Physical Damage Appraisers Act, which states as follows:

(d) No appraiser or his employer shall require that repairs be made in any specified repair shop. http://www.pctg.org/MVPDAA%20-%20Law.pdf

A few more informational web pages are available below:

http://www.crawfordsac.com/consumers.html
http://www.pctg.org/consumer.html
http://www.stopsteering.com/
http://www.portal.state.pa.us/portal/server.pt/community/auto_insurance/9187

If you should have property damage to your vehicle, refer to this article and the links provided to educate yourself as to your options for repair.

Don't let yourself be steered in the wrong direction!!!

Are You Serious???!!!

2011-05-22T12:04:00.000-07:00

If you want to recover noneconomic damages when you have chosen the limited tort option on your auto policy in PA, unless you meet one of the other named exceptions ( don’t-get-fooled-get-full-tort,) you have to sustain a serious injury within the meaning of the statute to do so. Otherwise, you are limited to recovery of certain unpaid medical expenses, wage loss and property damage. The limited tort option means what it says...damages which are recoverable as a result of a motor vehicle accident (MVA) are limited by the choice of this option under Section 1705 (d) of the Motor Vehicle Financial Responsibility Law( MVFRL) unless certain exceptions are met.

For the purpose of this discussion, the exception to be explored is the serious injury exception, which is most commonly attempted where the other clear cut exceptions do not apply. Under Section 1705 (d) one must prove a “serious injury” in order to prevail in a claim for noneconomic damages such as pain and suffering. In Section 1702 of the MVFRL, serious injury is defined as “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” 75 Pa. C.S.§ 1702

It was not further defined in the statute, which naturally resulted in litigation of this most important issue. Although there are few cases, the ones which do interpret it are stringent in their requirements:

In McGee v. Muldowney, 2000 PA Super 116; 750 A.2d 912 (2000), the Superior Court established the criteria for a threshold determination of whether or not a serious injury had been suffered by the Plaintiff. The Court first emphasized that unless reasonable minds could not differ on the conclusion, the conclusion as to whether a plaintiff suffered a serious injury within the meaning of the statute was not to be determined by a trial court upon the filing of a motion for a summary judgment by the defendant in a limited tort case, but left to a jury to determine. Washington v. Baxter, 553 PA. 434, 719 A. 2d 733 (1998)

In the Washington case, the Court noted that neither the legislative history of the MVFRL nor the Michigan statute upon which it was based intended such a procedure, but rather left it to the jury to determine. The Court then proceeded to look to Michigan precedent again to define “serious impairment of a body function and adopted the definition elucidated in a Michigan case, DiFranco v. Pickard, 427 Mich. 32, 398 N.W. 896 (1986) as follows:

The "serious impairment of body function" threshold contains two inquiries:

a) What body function, if any, was impaired because of injuries sustained in a motor vehicle accident?

b) Was the impairment of the body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function. Generally, medical testimony will be needed to establish the existence, extent, and permanency of the impairment…. In determining whether the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. DiFranco, 398 N.W.2d at 901. Washington v. Baxter, 553 Pa. at 446-48, 719 A.2d at 740 (footnotes omitted).

The McGee court noted as follows: The Supreme Court emphasized that "the question to be answered is not whether appellant has adduced sufficient evidence to show that appellant suffered any injury; rather, the question is whether appellant has shown that he has suffered a serious injury such that a body function has been seriously impaired." Id. at 449, 719 A.2d at 741 (emphasis in original). See also: Kelly v. Ziolko, 1999 PA Super 157, 734 A.2d 893, 899 (Pa.Super. 1999).

The McGee court then examined the evidence and found that there was no serious injury based upon the following paragraph:

“Simply put, appellant was examined and treated on several occasions during the six months following the accident, but did not seek any medical attention (except for the visits to Dr. Mannhertz on December 20, 1993, and May 31, 1994) during the next five and one-half years which preceded the answers which he filed to the motion of appellee for summary judgment. Moreover, during that same period he was employed full time in a trade.

In summary, appellant has failed to present objective medical evidence as to the degree of any impairment and extent of any pain suffered during the five years preceding those answers to the motion for summary judgment. The subjective allegations presented by appellant, in the absence of objective medical evidence, do not permit a finding that appellant suffered the requisite "serious injury." While appellant has established that he suffered some injuries to his back and shoulder, he has, nonetheless, failed to establish that these injuries resulted in such substantial interference with any bodily function as to permit a conclusion that the injuries have resulted in a serious impact on his life for an extended period of time. The decision, therefore, was not to be left to a jury, because "reasonable minds could not [here] differ on the issue of whether a serious injury had been sustained." citing Washington v. Baxter, supra at 446, 719 A.2d at 740.

A careful reading of the Court’s language makes it clear that the medical treatment pursued and other factors can make a critical difference in whether a limited tort claim will withstand the McGee analysis. If you purchase full tort coverage, none of this would be necessary and you could make a claim for pain and suffering. Call my office at 215-752-3732 if you need advice. I am here to extend a helping hand.

How Can I Help You?

2011-04-12T15:07:00.000-07:00

I work together with experts to ensure you get the best result and the best representation possible. There is no attorney fee unless we recover money damages for you... How can I help you?

Over the years, my practice has centered on helping victims of negligence and work injuries. I am a lawyer who can help you with auto accidents and negligence cases which include slip and fall, dog bite, construction accidents, wrongful death, product liability and medical malpractice, work injuries and social security matters. I limit the number and type of cases I handle so that I can serve you personally and know your case thoroughly. You will not feel as if you are just a file among many- your case is important to me and you will be treated with respect and prompt personal service. Phone calls are returned quickly and your questions answered as thoroughly as possible.

If your case is not in my area of practice, I can put you in the hands of an attorney who is best equipped to handle your specific case. I have been in practice since 1981 and I know the attorneys in the area who are best suited to your needs. I will work with only the best attorneys to assure you the best representation for your problem. 　REFERRALS

Call me at 215-752-3732 for a free consultation and evaluation of your case.

or email me at jjsesq@comcast.net

Please note that your case can often overlap into other areas of the law. It is better to coordinate all of your problems through one office since there are so many issues that relate to one another and need to be coordinated among the attorneys who work together as a team to assure you the best result. For example, if you are injured in an auto accident while working on the job and then you cannot work at all, you may have cases in all three areas-auto accident, workers' compensation and social security disability. Sometimes one benefit source takes an offset or a credit because you are receiving another benefit. This can become complicated and people can lose money if it is not handled properly. Medicare Set Asides have become mandatory; workers’ compensation carriers are entitled to subrogation against third party recoveries for payments made by them and credit for unemployment compensation benefits received by a claimant; private health insurance carriers can assert liens against recoveries for payments made for medical expenses. This can become confusing and overwhelming for the injure plaintiff. These issues are negotiated for you so they are resolved when your case comes to a conclusion.

HELPING INJURED PEOPLE RECOVER

"I Will Come To You If You Are Injured."

A Two Way Street: Attorney-Client Privilege

2011-03-16T14:01:00.000-07:00

The attorney-client privilege is an old and sacred protection given to communications between an attorney and his or her client. The goal of the privilege is to allow clients to tell their attorney everything the attorney needs to know to properly represent and guide the client without fear of the opposing side being able to access this information by way of legal discovery in or out of the courtroom. One of the worst things a client can do is to lie to ot withhold information from the attorney on the case. People often think of the privilege only in terms of criminal matters. It does not matter whether it is a civil or a criminal case. The attorney needs to know all of the facts which might be relevant to the claim. If this communication is hindered in any way, the entire justice system suffers.

In the civil context, on February 23, 2011, the Supreme Court of Pennsylvania held in the case of Gilliard v. AIG Insurance Company that the attorney-client privilege is essentially a two way street, operating both to protect the flow of client communications to the attorney, as well as attorney communications and advice to clients. While this decision came about in the context of a case against insurance companies for bad faith and the plaintiff’s counsel was seeking all documents in the file of the attorneys representing the insurance companies, the breadth of the decision will also protect the plaintiff from the insurance company seeking any written communications between attorney and client.

The whole intent is not only to protect what the client says to the attorney but what interpretation and advice the attorney gives to the client in light of the facts of the case as they develop. Like any rule, exceptions will be carved out as time passes. Even in the context of the type of litigation which led to this decision, an insurer (and their attorney) will lose the privilege if they assert an "advice of counsel" defense to justify their actions in the handling of a claim.

Otherwise, the revered tradition of protection of these communications remains intact. This is an important decision recognizing not only the need for unfettered communication from the client to the attorney, but also the need for the attorney to communicate advice to the client freely and without reserve.

To read the Gilliard v. AIG case online, click here

Who Are You Protecting?

2011-01-28T18:15:00.000-08:00

A look at PA Auto Insurance:

UM and UIM Coverage

When people purchase auto insurance, they often buy very high limits for liability coverage and take the lowest possible limits for underinsured and uninsured coverage. Who are you protecting, anyway? Not just the other guy, but yourself and your family as well. That is what insurance is all about!!! To insure yourself in the event of harm. Let’s take a look...

Liability insurance covers your liability to the other driver if you cause an accident. This means that if you cause an accident and it is considered your fault, you are liable to the other party for damages and injuries you might cause.

Underinsured motorist (UIM) coverage is just that...insurance that you pay for to cover you if the other party is underinsured. Uninsured motorist (UM) coverage is insurance that you pay for just in case the other party is uninsured (it DOES happen). What does that mean? Let’s say you are in an accident and it is the other party’s fault. You are injured, badly. The other party did not do so well when he/she chose liability coverage and is only covered for liability to the other driver (you) for $15,000.00 in damages. Meanwhile, you were being frugal when you chose your own insurance and while you took $100,000.00 in liability coverage for any damages you might have caused to another person, you only took $15,000.00 in underinsured/uninsured (UIM/UM) motorist coverage. You wanted to save in auto insurance premiums but instead you lost in auto insurance coverage.

What does this mean? It means that while your damages may well exceed the total of $30,000.00 you can get in combination from the other driver’s liability policy ($15,000.00) and from your own underinsured (UIM) coverage ($15,000.00), you will not get a penny more than the $30,000.00 in combined coverage. While there are sometimes ways to sue the liable party directly for money in excess of their coverage, good luck! There is also the possibility of stacking vehicles, but that is another topic, to be covered elsewhere, and it is likely that if you took low UIM/UM coverage, you probably scrimped on and rejected stacking. Besides, it is only available if you have more than one vehicle insured by the policy. And, if the other party is uninsured, you would only collect your UM policy limits of $15,000.00.

What should you do? You should purchase underinsured(UIM) and uninsured (UM) motorist coverage in amounts equal to what you purchase in liability coverage. So it might cost a little more in premiums, but this is a perfect example of getting what you pay for. You cannot purchase more in UIM or UM than what you purchase in liability...the Pennsylvania State legislature prohibits this, but they allow you to protect yourself for less. Go figure :-) Don’t listen to them...listen to me!!!

Always buy UIM and UM in amounts equal to what you purchase in liability insurance. Do it now!!! Check your policy. Look in the section where it lists UIM/UM coverage. Go call your agent and have them make the change. Get UIM/UM limits equal to your liability limits, and make sure you get decent liability limits. It is well worth the few extra dollars in premiums. Who are you protecting? You are protecting yourself and your family.

Don't Get Fooled-Get Full Tort

2010-12-20T11:18:00.000-08:00

WHY YOU SHOULD CHOOSE FULL TORT COVERAGE ...Since the passage of the auto insurance law in 1990 providing for limited and full tort options, we have had a number of people who have discovered the hard way what it means to choose limited tort on their policies. Back in 1990, we had advised our existing clients to retain the full tort option and many have done so. It is now 2010: IF YOU HAVE LIMITED TORT OPTION, YOU SHOULD CHANGE YOUR COVERAGE TO FULL TORT OPTION TO PROTECT YOURSELF AND YOUR LOVED ONES

FULL vs. LIMITED TORT

In Pennsylvania, if you have full tort option, and you are involved in an auto accident and you are not at fault, you can sue the negligent person to collect your economic damages, such as medical expenses or lost income which may exceed the coverage you have on your own policy. You may also sue the other person to collect non-economic damages such as pain and suffering.

If you have limited tort option, you give up your right to sue the negligent party for your non-economic damages such as pain and suffering, unless you suffer a serious injury or fall within one of the exceptions listed below. Serious injury has been defined as death, serious impairment of a body function or a serious permanent disfigurement. If you select the limited tort option, and are involved in an accident caused by someone else's negligence, you may find yourself unable to collect for your non-economic damages. This could have dramatic effect upon your life if you have an injury which is not easily placed within the serious injury category. Although you may ultimately be able to prove that your injury was serious within the meaning of the Act, you can bet that the insurance company will give you a run for your money proving it!! If you have full tort option you will not have to prove this simply to collect your non-economic damages.

Limited Tort Option Exceptions: Under the Act, there are several exceptions to the application of the limited tort threshold as discussed above. The most commonly relevant exceptions are as follows:

(a) If the tortfeasor (this is the person who was negligent and caused the accident) is a convicted or ARD drunk driver.
(b) If the tortfeasor is operating a motor vehicle registered out of state.
(f) If plaintiff is an occupant of a motor vehicle other than a private passenger motor vehicle.
(g) If plaintiff suffers a personal injury resulting in death, serious impairment of a body function, or a serious and permanent disfigurement.

Our office remains ready to assist you with any questions you may have. Do not hesitate to call us. While we realize that everyone is watching their expenses in this economy, it is important to plan ahead.

The insurance company says you are not covered? You have limited tort.

The auto accident was not your fault. You have limited tort.

It seemed like a good idea at the time, you say? You have limited tort.

The insurance agent said not to worry about it, "If you are really injured, you will be covered." You have limited tort.

Saved you some money on the premiums, did it? YOU HAVE LIMITED TORT!!!!

Don't get caught in the trap...protect your family. Get full tort coverage on your auto policy...NOW.

THE WAR DIARY-Coming Home

2010-11-11T13:33:00.000-08:00

Regina & Frederick Sweinberg, Jr.

My mother and my father together after the war.

Taken from something I wrote a few years ago....

My father works in the post office, as a mail handler. He is a World War II vet. He receives a small disability for what is known as shell shock, the PTSD which results when your mission is to detonate and disarm land mines. Sometimes people are maimed or killed when they miss the mark and the bomb explodes them into oblivion. My father was one of the lucky ones, although slowly becoming deaf in one ear as a result of the damage .

Emotionally was another story. He refused to talk about the war. He just said he did not like to talk about the war and left it at that. He refused to talk about the war. After he passed, my brother Boyd discovered the manuscript of the diary he had kept while traveling through Europe, only 26 years old. It was pretty long too. I guess he thought he had said what he felt he needed to in the diary. He wanted to leave it at that. He never said a word to anyone about the diary.

I include excerpts from the personal diary of Captain Frederick Sweinberg, Jr., my father, kept during his tour of duty to his country, serving in WWII, September 14,1944-August 8, 1946. He had been part of the troops that disengaged the land mines. If you didn’t do it right, you were maimed or you died. He was 26 when the war had ended and my father was coming home. He refers to my mother as Jean. Her given name was Regina. This must have been his nickname for her then as I never heard him call her Jean. It was part of my name now, Joyce Jean.

July 25-August 2, 1946: All aboard was the cry and you can bet your boots we were all more than ready to leap on...About 3pm we shoved off and took our last look at the never to be forgotten shores of Germany. It’s hard to describe the feeling that one felt but it was just a prayer thanking God that we finally were on our way home to our loved ones....

The trip as a whole was not too bad...The chow was terrible because all company grade officers sleep in the troop accommodations and ate in the troop galley. It’s a crime they allowed such food to be served. The first-class passengers ate rather wholesomely but then we were glad to be going home and that overwhelmed any discomfort we encountered...The big day finally came when we arrived in NY harbor at dawn on August 2, 1946...Boy that NY skyline looks swell and the feeling of being on American soil again was hard to take. It is a wonderful feeling.

August 8, 1946: I sure was sweating it out until we finished processing but finally on the 8th we finished at 12 noon...I fortunately made good connections to Philadelphia in time to get the 1:30 Martz bus...Old familiar scenes were like a dream and the changes that took place seem so strange. Then about 5:15 we started to comedown the East End Boulevard and my heart pounded like the devil...I got home and just seeing mom and dad and everyone again was a thrill I’ll never forget. But then I called Jean and told her I’d be over as soon as I cleaned up and believe me I couldn’t wait. About 7pm I left to see her. Gosh, the happiest day since I left home was when I held her in my arms again and kissed the only girl I ever wanted. I wish I could find the words but they say there is no ending like a happy ending and I can that it was the happiest moment of my life-so far. I hope the Lord will never cause us to part again and we can live a bright happy future together. And so ends the story I hope I won’t have to relive again...

Somewhere Over the Rainbow...

2010-10-13T14:54:00.000-07:00

Social Security and Retirement Benefits

Photo by Alan Larus

I have recently been exploring information on Social Security (SS) retirement benefits. Although I am years away from it questions about it have come up to me several times in the past few months and I did not have the answers so I decided to take a look and see what the future holds in this regard and to share it with you. The fact is, the answer is that I still don’t have the answer! But there are many options.

More specifically, the big question is whether to retire early at age 62 and what the consequences of that decision might be in regard to your benefits. In reality, most people are putting off their retirement in a bad economy, working simply to pay the bills, with little thought to something called early retirement. In fact, a large percentage of the American population has little or no private retirement savings. In 2008, 64% of Americans relied upon SS as their primary source of income and 33% relied upon SS as 90% of their income. In short, most Americans will depend to a large extent upon their Social Security benefits someday to make ends meet. For them, waiting until the end point age of 70 is inevitable, as they need to make as much money now as they can, because they have no savings to fall back on to tide them over and they will need the largest possible SS benefit they can receive to pay their bills. http://www.comcast.net/articles/news-national/20101011/US.Social.Security.No.COLA/

Still, if you were considering it, there are many variables which affect this decision and no clear cut answer. The wisest approach short of hiring a financial planner for a fee only basis to assess your situation is to venture into the SSA’s official site where you can actually input your scenario and get projections which will help you see how much you will get and base your decision on that information. What is clear is that your monthly benefit amount is reduced if you take early retirement. Conversely, it increases by certain percentages for each year that you delay retirement up to age 70. The benefit increase stops at age 70 even if you delay taking benefits, so there is no logical reason to delay beyond age 70. http://www.socialsecurity.gov/retire2/delayret.htm

Whether you are single or married makes a difference. Whether you think you might live a longer or a shorter life makes a difference. Whether you have any private retirement savings makes a difference. Whether you intend to continue to work past official retirement age makes a difference. Once you reach full retirement age there is no limit on your income. Prior to that, there is a limit on how much you can make while you receive early benefits with an offset being taken. For some in depth thoughts on these variables, take a look at this article. http://www.nytimes.com/2009/07/11/your-money/11retire.html?_r=1

The SSA maintains an elaborate site which provides information and advice about when to retire and what your benefit will be. To determine what is considered full retirement age for you, go to
http://www.socialsecurity.gov/retire2/agereduction.htm where you will find a chart indicating the full retirement age by year of birth. For example, 65 is no longer full retirement age for everyone. Instead, it is extended in increments for those born after 1938 and is now up to 67 for those born 1960 and later. Still, there is a note on this page which advises:

Note: If you decide to delay your benefits until after age 65, you should still apply for Medicare benefits within three months of your 65th birthday. If you wait longer, your Medicare medical insurance (Part B) and prescription drug coverage (Part D) may cost you more money.

This is critical since the age for eligibility for Medicare has NOT changed and remains at 65 no matter year you were born. For information on Medicare go to www.medicare.gov

There are so many issues which can affect you when the time draws near, you need to research the issues and make a decision. http://www.socialsecurity.gov/retire2/otherthings.htm

If you are already there and are near retirement go here http://www.ssa.gov/retire2/near.htm

You can also call the SSA on their hotline, although you should be prepared for a long wait to talk to a representative. 1-800-772-1213. TTY users should call 1-800-325-0778. Here is a link to the SSA’s official site where you can find the answers to questions. http://www.nytimes.com/2009/07/16/your-money/16retire.html

Social Security Disability Offsets

2010-08-23T14:39:00.000-07:00

Social Security Disability Offsets

Earnings from Substantial Employment

Many people think you cannot work at all when you receive Social Security Disability (SSD) benefits or you will lose your benefits. This is not true, although there are limits on how much you can earn before it affects your benefits. In most cases, your Medicare benefits will continue and you are also allowed to deduct certain work expenses from the gross income for purposes of calculating your earnings. If you are going to make an effort to work, you should review the Social Security Administration (SSA) rules very carefully. Also, before you make that effort, to see if you are able, you might want to volunteer somewhere for a short time and see if you can handle the consistent effort required.

Trial Work Period
The SSA allows you a trial work period followed by an extended eligibility work period. If you can work 9 months (they do not need to be consecutive) within a 60 month period, the trial work period ends, followed by the extended period of eligibility. There will be no loss of benefits no matter how much you make during the trial work period months. The minimum amount of money to establish a trial work month is $720 in 2010. This amount increases each year, and the specific rules vary for employees, self-employed and blind persons. Although the monthly amount of money you make during the trial work period does not matter, during the extended period of eligiblity which follows, a key factor is the amount of money you make.

Extended period of eligibility
After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings are not deemed “substantial.” In 2010, earnings of $1000 or more ($1,640 if you are blind) are considered substantial. This amount also increases each year. The SSA will deduct work expenses from the gross amount of your earnings. No new application or disability decision is needed for you to receive a Social Security disability benefit during this period.

Workers Compensation Benefits

You can receive both Workers Compensation(WC) and SSD benefits but you cannot receive a combined benefit of more than 80% of your average current earnings as calculated by the SSA. The SSA will take the offset from your SSD benefits. If your WC stops, your SSD will usually increase.

Unemployment Compensation

The interplay between Unemployment Compensation (UC) and SSD is a complex one. People often ask if they can receive both. The general rule is that the SSA will take an offset on retroactive benefit awards for any UC you might have received while your SSD claim is pending. Although one can be available for UC purposes for work within their limitations, in a claim for SSD one is alleging that they are unable to engage in substantial gainful employment.

Long Term Disability Insurance

Although there is no offset to your SSD if you receive Long Term Disability benefits, the LTD carrier might take an offset for receipt of SSD. This varies, so you need to check with your LTD carrier and LTD contract to find out how it might affect you.

For official information on this subject go to these links:
http://www.ssa.gov/pubs/10095.html
http://www.ssa.gov/pubs/10029.html
http://www.ssa.gov/work/

PA AUTO INSURANCE: MAKING THE PROPERTY DAMAGE CLAIM

2010-07-13T18:07:00.000-07:00

HOW DOES IT WORK?
Pennsylvania requires at least $5,000 of property damage coverage on your auto insurance policy for property damage to another driver’s vehicle for an accident in which you are at fault. You can elect to maintain a higher amount of coverage

Property Damage Coverage:
Property damage is only available against the other driver’s policy and is based upon fault. In other words, you do not have property damage for yourself on your own policy; it is only there to reimburse someone else if you cause damage, much like liability limits for personal injuries. If someone causes you damage, you would make a claim against their property damage coverage, not against your own, as your own is not available to you as a first party benefit. (You can have collision coverage and make a claim against that coverage, which is discussed below.) The claim can be made for the fair market value of the vehicle up to the maximum of the coverage chosen by the insured driver.

Collision and Comprehensive Coverage:
These optional coverages offer you additional protection against different damage. Collision coverage applies to damage caused by an auto accident, minus your deductible. Comprehensive coverage applies to damage caused by other incidents such as theft or falling branches, minus a deductible.

MAKING THE CLAIM
If your car has been damaged in an auto accident caused by another driver, the easiest approach is to make the claim directly against their auto policy if the insurance company is accepting 100% liability. Then it is just a matter of negotiating the fair market value of the vehicle.

If, on the other hand, there is a disagreement over liability, sometimes it is best to make the claim against your own policy, IF you have collision coverage. Then your company pays you for the damge, minus your deductible. What then happens is that your insurance company makes a claim against the policy of the other driver which is resolved by way of an intercompany arbitration, where it is decided what percentage of negligence on the part of each driver caused the accident. If you were 0% liabile then you would get the deductible returned to you at that time. If it is found that you were partly at fault, your insurance company does have the right to refund your deductible at a prorated amount.

The “made whole” doctrine “requires that an insured recover the full amount of his losses before his insurer may demand reimbursement for any payments previously made to the insured under an insurance policy.” Harnick, 2009 U.S. Dist. LEXIS 43126 at *9. Jones v. Nationwide , 2010 PA Super 90 (2008) http://www.pacourts.us/OpPosting/Superior/out/a05017_10.pdf

Property damage is usually resolved without litigation, even where there are personal injuries for which a claim is later made by way of a lawsuit. Additional damages such as rental car expenses and towing/storage costs are covered immediately if the other driver has this coverage or under your own policy.

MEASURING PROPERTY DAMAGE
In PA, the general rule is that the insurance carrier or the defendant need only pay the cost of repair or the cost of replacement value on the vehicle, whichever is less. It is general wisdom that when the repair cost exceeds 80% of the value of the car, it will be totaled. The most common method to value the car is the “blue book” and other online resources below:

Kelley Blue Book http://www.kbb.com/
http://www.redbook.com/
http://www.vehix.com/
http://www.edmunds.com/
http://www.nada.com/

Sometimes you can keep the totaled vehicle by agreement with the adjuster. They may want to pay less, which represents the fair salvage value of the car. However, you may want the car because you know someone who can repair it for use.Some states require a certificate to show that a vehicle has been previously totaled.

People are often confronted with the situation that they still owe more on the car loan than what is being paid out as the fair market value of the car. The best way to insure against this is to purchase gap coverage when you buy the car. Gap coverage would pay the difference between the outstanding balance on the loan and the fair market value at the time of accident.

Once the damage on a vehicle has been assessed and a market value has been established, the PIP carrier will want to settle quickly to cut their costs for storage of the vehicle.

CAR IS TOTALED:
The standard policy will be a set amount of money per day for "up to 30 days of use." Once a settlement has been reached for property damage, the rule of thumb is to allow use of a rental car for 3 to 4 days after settlement. This is a bit flexible and may depend on the individual adjuster and circumstances. However, the fact that a policy states that a rental car will be covered for up to 30 days does not mean that the full 30 days will always be allowed.

CAR IS REPAIRED:
The defendant is responsible for reasonable rental while Plaintiff has the damaged vehicle repaired. Sometimes, you can negotiate payment for rental up front with the adjuster. Sometimes, they will attempt to limit the time period. If you cannot get full coverage, you may have to cover the cost yourself and claim as damages later the amount you had to put out for rental. If you have your own rental provision in your first party coverage, it may be better to use that and then let your carrier go to the defendant for subrogation.

Who Let the Dogs Out?

2010-05-24T14:13:00.000-07:00

If you are attacked and bitten by a dog, you may be entitled to damages for the injuries you suffer. Although some dogs are known to be more prone to biting than others, when you are bitten it does not matter what the breed is. All dogs have sharp teeth.

Pennsylvania, like all states, has a time limit in which to file a personal injury action. Different rules apply to different situations, so it is best to obtain legal represenation immediately to make sure you are covered and do not miss the deadlines.

You should act now to speak to an attorney who can help you. When a dog bite occurs, records must be obtained, photos must be taken and the appropriate claims must be reported to the insurance companies involved. The longer you wait, the harder it is to take control of the situation.

The claim for damages is handled by the homeowners’ insurance policy maintained by the dog owner. Close to one third of claims against homeowners’ policies are for dog bite attacks. The dog owner is responsible for the behavior of the dog. There is no need to worry if the owner is a neighbor or a friend...the insurance company handles the matter for them. This is why we all have homeowners’ policies and this is why we pay our premiums.

The damages involved can include the medical expenses, current and future, lost wages, pain and suffering, disfigurement and scarring and emotional damages. The emotional damages from a dog bite can be devastating. Most scars require at least a year for a doctor to determine the course of treatment and whether the scar is permanent and requires plasctic surgery.

Children are subject to dog bites and are particularly vulnerable to bites around the head and face. They simply do not know how to protect themselves. The emotional trauma to them will last a lifetime. Treatment for a child may have to wait even longer than a year.

Pennsylvania has a hybrid approach to liability. There is strict liability for all damages incurred if the dog previously exhibited dangerous behavior or if the injuries are severe. There is also strict liability for medical bills. Other circumstances giving rise to laiblity occur where the owner was negligent or violated the animal control law, which requires that owners keep their dogs under control, either confined at home, or on a leash when away from the home.

Important Steps to Take After a Dog Bite

Seek immediate medical attention — even if it seems like a minor bite-this is especially important if the dog is not current on shots.
Take photographs of all injuries, even before there is cleanup of the wounds, and after cleanup of the wounds. See this page for instruction on taking photos: http://www.jjsassoc.net/Preserving_Evidencel.htm
Gather information from witnesses, if there were any. Get names, addresses, and phone numbers.
Report the matter immediately to the police. This creates a record of the incident.
Obtain the dog's veterinarian records about shots, diseases and other medical history.
Do not try to negotiate with the animal's owner privately. Make sure that the claim is directed to their homeowner’s insurer. It is best not to engage in conversations about this matter with the owner.
Talk to an experienced personal injury attorney as soon as possible.

http://www.jjsassoc.net/dog_bite.html

Cruising Out of Control

2010-05-03T07:59:00.000-07:00

The story below appeared in my email box recently and. as a Bucks County personal injury attorney, I thought it was worth examining in more depth and passing along to others, slightly honed down:

A 36 year old female had an accident in which she totaled her car. It was raining, though not excessively, when her car suddenly began to hydro-plane and literally flew through the air. She was not seriously injured but very stunned at the sudden occurrence! When she explained to the highway patrolman what had happened he told her something that every driver should know:

NEVER DRIVE IN THE RAIN WITH YOUR CRUISE CONTROL ON!!!

She thought she was being cautious by setting the cruise control and maintaining a safe consistent speed in the rain. But the highway patrolman told her that if the cruise control is on when your car begins to hydro-plane and your tires lose contact with the pavement, your car will accelerate to a higher rate of speed making you take off like an airplane. She told the patrolman that was exactly what had occurred. The patrolman said this warning should be listed on the driver's seat sun-visor:

NEVER USE THE CRUISE CONTROL WHEN THE PAVEMENT IS WET OR ICY

We tell our teenagers to set the cruise control and drive a safe speed, but we don't tell them to use the cruise control only when the pavement is dry.

MY THOUGHTS: When I took the time to do some online research, I discovered that the Insurance Corporation of British Columbia advises motorists to turn off the cruise control in dark and wet conditions. The fact of the matter is that driving in the rain or snow or wet conditions already creates some hazard and risk of hydro-planing. The driver must be able to react quickly. Although the cruise control disengages rather quickly, it is still an extra step in regaining control. Until the cruise control is disengaged, the vehicle continues moving at the set speed. Immediate reduction of speed is critical.

The cruise control cannot anticipate changes in the road surface or the direction of the road, either of which can alert a watchful driver to slow down in anticipation of the big puddle ahead or the sharp curve in the road. Another consideration is the fact that when you have the cruise control on, you tend to cruise, literally...and many of us move our foot a little bit away from the brake pedal to give it a rest. All of these factors can lead to disaster if you begin to hydro-plane.

http://www.icbc.com/about%20ICBC/news_room/2009news_releases/nov_09#5p

You can find anything online, which includes all sorts of sites dedicated to debunking hoaxes and scams. The email story above has been around for awhile and got around enough to be the subject of blog posts like the one in the link below. While the author attempts to debunk the story as to cruise control causing hydro-planing, he does admit that it is better not to use cruise control in rainy and wet road conditions. If you want to examine the whys and wherefores, there is a link in the article which explains the issues in more depth. http://www.hoax-slayer.com/cruise-control-warning.html

MY CONCLUSION: I will not engage the cruise control when I am traveling in rainy or wet conditions. In rainy conditions, the wheels of the car can spin along the surface of the water on the road. Also, the wetness can bring the oil embedded in the blacktop from exhaust fumes to the top of the road as well, making for more slippery conditions and catastrophic car accidents. Cruise control can just make you lose control!

Do you have questions? You can find me at www.jjsassoc.net

Photo from http://www.hoax-slayer.com/cruise-control-warning.html

Is Age Just A Number?

2010-04-21T07:37:00.000-07:00

This is a good article. I have found much of what is written here to be true in my 29 years of practice in personal injury cases as well. There are no easy answers. For the young driver, they pass their test and then they are let loose. Parents can only try their best to instill good judgment into their sons and daughters. Having two young sons, I wish the legal age to drive in PA is raised to 18!

For the older driver, I really do think that states should require some sort of retesting at a certain age. While I know I would not appreciate it some day if it is applied to me because I have reached a certain age, the fact is that there are people out there driving who should not be behind the wheel because their ability to drive has been affected.

POSTED AT COLLISIONMAX ON MERCHANTCIRLE.COM
http://www.merchantcircle.com/business/CollisionMax.of.Oxford.Valley.215-943-9600

“Automobile accidents are the leading cause of death and injury in all age groups. Statistics show that 40,000 of the nearly 6 million accidents each year result in fatalities. Alcohol is a factor in 40 per cent of these fatalities and speeding accounts for 29 percent of deaths. Speeding and alcohol are not the only problems we face on the road —young drivers (16-20 years of age) and older drivers (over the age of 69) have much higher fatality rates than those between the ages of 21 and 69.

Teen drivers are more likely to be the cause of their own accidents than more seasoned motorists because they lack maturity and driving experience. Immaturity is evident in such risky practices as tailgating and speeding. Jim Tornetta, president of 1. CollisionMax, says, "Many teens are ill-equipped to handle emergency driving maneuvers, and the majority of teen injuries and fatalities come about in single-vehicle crashes." He continues, "They simply lose control of the car and cannot recover in time." Alcohol, cell phones, loud music and distractions from other teenage passengers are also significant contributing factors to teen crashes.

Although they typically wear their seat belts, drive the speed limit, and rarely take risks on the road, senior citizens' crash rates have skyrocketed. Highway deaths for motorists under 65 have dropped 3 percent since 1995, to 33,659 last year. Among seniors, however, deaths jumped 15 percent over the same period, to 8,141 last year. During the past two decades, the fatality rate of senior drivers has also risen.

The National Highway Traffic Safety Administration estimates that fatalities among elderly drivers will increase faster than their population, to more than 23,000 annually - 63 deaths a day - by 2030. Although they don't drive as recklessly as some younger motorists, seniors have difficulty with reaction times, reading road signs and judging distances.

States are struggling for an answer to senior driving issues. Florida is enlarging some highway street signs from 12 inches to 36 to accommodate the weaker vision of its 2.9 million elderly drivers. Nine states are considering legislation that requires doctors to report serious medical conditions afflicting seniors to motor-vehicle authorities. Officials could then order new driving tests or revoke licenses.

Although there is no easy answer, government agencies are introducing new programs to help teens and seniors become better drivers. With a little work, the roads will be safer for motorists of all ages.”

2010-04-07T07:00:00.001-07:00

Speaking of money and taxes :-)

The Tax Man Cometh

2010-03-31T10:52:00.000-07:00

If there is money coming into the house, the tax man will find a way to come and get it!!! I have outlined a few situations below which affect clients who receive certain monetary benefits as a result of legal cases or social security entitlements.

PERSONAL INJURY CLAIMS
Clients often call in to the office to ask if their personal injury recovery is taxable. Generally speaking, unless there is a specific number allocated as income loss, proceeds from a personal injury settlement are not considered taxable income as they are meant to reimburse the client for noneconominc damages such as pain and suffering.

EMPLOYMENT DISCRIMINATION CLAIMS

One category of recovery which falls into the income bucket is a settlement for wrongful discharge or employment discrimination. This is because a major portion of those claims are specifically seeking lost wages due to the discrimination. However, there is a reduction for attorney fees paid on the amount.

SOCIAL SECURITY BENEFITS
Some people who get Social Security Disability or retirement benefits will have to pay taxes on their benefits. SSI benefits are not taxable. You will be affected only if you have other income in addition to your Social Security benefits. The amount of taxes you might have to pay will vary depending upon whether you file as an individual or jointly with your spouse.

WORKERS’ COMPENSATION BENEFITS

Worker's compensation benefits alone are not taxable. This is because the amount you receive as benefits is already reduced to reflect income taxes having been removed from your paycheck. However, combined SSD and WC benefits may be taxed and you should be aware of this. Even though the WC benefits by themselves are not taxable, they become part of the taxable income when, combined with SSD benefits, they reach a certain threshold which changes periodically as the SSA(Social Security Admininstration) amends them. The SSA should send you an annual report of what you have been paid. If you think the IRS is overtaxing you, you should check it out with your accountant and have it taken care of by your accountant.

If you prepare your own taxes, or if you use an accountant to do so, you should be aware of these possibilities. You should also consider them in your future tax planning strategies. I am not an accountant and provide this information to you only as a courtesy and as something you should look out for in your annual tax planning. You should consult with a tax professional for your specific situation.

HELPFUL LINKS

I have put some helpful links below for your further reading:

An IRS page: http://www.ssa.gov/planners/taxes.htm
An article on the National Organization of Social Security Claimants’ Representatives: http://www.nosscr.org/tax.html
For a short page with tax tips on this subject: http://www.bankrate.com/brm/itax/tips/20010115a.asp
You can also contact the Taxpayer Advocate Service, an independent entity within the IRS for help: 1-877-777-4778 (toll free), or www.irs.gov/advocate.