Out of the blue you receive a fancy "class action notification letter" warning of a deadline to either "opt out" and be forever barred from the settlement.
What is a class action and what are you supposed to do?
What is a class action?
Unlike a lawsuit arising out of an injury to one person, class actions are a method for large numbers of people injured by a common act or set of actions to bring claims that are too expensive or inefficient to litigate individually.
In a class action, one or two "named plaintiffs" stand in for a group of similarly injured people.
After receiving notice of the action, potential class members have the option of excluding themselves from a class or class settlement, known as "opting out", and pursuing the case on their own.
If a class action settles, the judge presiding over the case must approve the settlement’s fairness.
What kinds of cases are litigated as class actions?
Although originally designed to help enforce civil rights laws through private lawsuits, class actions have evolved and are now used to seek money damages.
Class actions frequently involve hazardous products (ex., drugs, tobacco and asbestos), securities (ex., fraudulent financial statements and practices), and employment cases (ex., mass dismissals and wage/hour law violations), and to stop illegal or harmful practices like oil spills, manufacturing pollution, or violations of constitutional protections.
Should I be involved in a class action and what will it cost me?
To join a class action, you need take no steps. Instead, only those wishing to exclude themselves from a class, i.e., opt out, need to do anything.
Through participating in a class action, you may receive compensation for an injury or loss that you sustained that would not have been available to you individually.
As a member of a class of similarly harmed persons, you help demonstrate that the injury was substantial and affected a large number of people increasing both the likelihood - - and size - - of a recovery.
Additionally, costs incurred in litigating the dispute are advanced by the attorneys bringing the case and subtracted from any settlement or judgment upon the matter’s successful resolution.
If the claims are unsuccessful, the class action attorneys pay all costs and you pay nothing.
How are class action attorneys paid?
Following a class action’s successful resolution (by either settlement or judgment), the attorneys submit a fee petition to the judge assigned to the case detailing and itemizing their work.
The judge determines the amount of fees to be paid from the judgment or settlement proceeds based upon the case’s difficulty and risks involved in bringing it, the amount of time spent on case and the work’s quality, and the result that was achieved.
As always, if you have suffered a personal injury or have any question, contact us at schain@schaininjury.com.
Tuesday, June 30, 2009
Thursday, May 21, 2009
How to Purchase Automobile Insurance
Do you find automobile insurance confusing?
You’re supposed to. This generation’s craftiest minds created a system to confuse, fleece, and then avoid paying you benefits after your inevitable automobile accident.
Because, based on the sheer number of motorists, you - - or a member of your family - - will be injured in an auto accident within the next seven (7) years, failing to understand and correctly purchase automobile insurance could be a hugely expensive mistake.
Below is an explanation of “tort selection”, medical and wage loss coverage, and uninsured and undersinsured motorist benefits.
“Full Tort” versus “Limited Tort”
Auto insurance purchasers have the option of selecting “full tort” or “limited tort” benefits.
“Full tort” benefits allow you to file a claim or sue for any injury resulting from an automobile accident.
“Limited tort” surrenders your right to file a claim or sue except for “serious injuries” defined as “death, disfigurement or a serious impairment of a body function”.
Although many insurance agents describe limited tort as less expensive and more attractive, selecting it is a mistake.
The savings are minimal (often $100 per year) and if you or your family are injured by another drivers’ negligence and carelessness, limited tort forfeits most of your rights.
Medical Bill and Wage Loss Payment
If you’re in an accident, your auto insurance company is required by law to pay your medical bills up to the amount of coverage you selected.
By law, all Pennsylvania automobile insurance policies require $5,000 of medical benefits coverage. Unfortunately with healthcare’s rising costs, $5,000 is frequently insufficient and, depending on your health insurance, purchasing additional medical coverage often makes sense.
Wage loss coverage is optional and, if selected, often pays 80% of income lost due to an inability to work. Unfortunately, many fail to select wage loss coverage thinking that the “at-fault party’s” insurer will automatically pay their lost wages.
Not only is this untrue, but the negligent driver’s insurance company usually refuses to even consider any wage loss claims until after all treatment is completed.
Thus, unless you buy private disability insurance, failing to purchase wage loss protection may expose you to having no income whatsoever while recuperating.
“Uninsured” and “Underinsured” Motorist Coverage
Although against the law, an alarming number have no - - or insufficient - - insurance and are frequently the most negligent of drivers.
“Uninsured motorist” and “underinsured motorist” are also optional benefits which protect from the damage caused by these reckless drivers.
If you are hit and injured by a driver who has no automobile insurance, “uninsured motorist coverage” allows you to make a claim against your own insurance company.
Similarly, “underinsured motorist coverage” protects you in the event you are struck and injured by an underinsured driver, i.e., one who’s insurance is insufficient to cover your loss.
For example, imagine if a drunk driver crashes into your car badly injuring you and causing six (6) months of missed work, $100,000 of medical bills, $25,000 of wage loss, and permanent injuries.
If the driver had either no insurance or only the $15,000 of insurance coverage required in Pennsylvania, you’d either have no party from whom to recover or be forced to accept $15,000 as total compensation for your loss.
By purchasing uninsured and underinsured motorist benefits, you could make a claim against your own insurance company and be made whole for your loss.
You’re supposed to. This generation’s craftiest minds created a system to confuse, fleece, and then avoid paying you benefits after your inevitable automobile accident.
Because, based on the sheer number of motorists, you - - or a member of your family - - will be injured in an auto accident within the next seven (7) years, failing to understand and correctly purchase automobile insurance could be a hugely expensive mistake.
Below is an explanation of “tort selection”, medical and wage loss coverage, and uninsured and undersinsured motorist benefits.
“Full Tort” versus “Limited Tort”
Auto insurance purchasers have the option of selecting “full tort” or “limited tort” benefits.
“Full tort” benefits allow you to file a claim or sue for any injury resulting from an automobile accident.
“Limited tort” surrenders your right to file a claim or sue except for “serious injuries” defined as “death, disfigurement or a serious impairment of a body function”.
Although many insurance agents describe limited tort as less expensive and more attractive, selecting it is a mistake.
The savings are minimal (often $100 per year) and if you or your family are injured by another drivers’ negligence and carelessness, limited tort forfeits most of your rights.
Medical Bill and Wage Loss Payment
If you’re in an accident, your auto insurance company is required by law to pay your medical bills up to the amount of coverage you selected.
By law, all Pennsylvania automobile insurance policies require $5,000 of medical benefits coverage. Unfortunately with healthcare’s rising costs, $5,000 is frequently insufficient and, depending on your health insurance, purchasing additional medical coverage often makes sense.
Wage loss coverage is optional and, if selected, often pays 80% of income lost due to an inability to work. Unfortunately, many fail to select wage loss coverage thinking that the “at-fault party’s” insurer will automatically pay their lost wages.
Not only is this untrue, but the negligent driver’s insurance company usually refuses to even consider any wage loss claims until after all treatment is completed.
Thus, unless you buy private disability insurance, failing to purchase wage loss protection may expose you to having no income whatsoever while recuperating.
“Uninsured” and “Underinsured” Motorist Coverage
Although against the law, an alarming number have no - - or insufficient - - insurance and are frequently the most negligent of drivers.
“Uninsured motorist” and “underinsured motorist” are also optional benefits which protect from the damage caused by these reckless drivers.
If you are hit and injured by a driver who has no automobile insurance, “uninsured motorist coverage” allows you to make a claim against your own insurance company.
Similarly, “underinsured motorist coverage” protects you in the event you are struck and injured by an underinsured driver, i.e., one who’s insurance is insufficient to cover your loss.
For example, imagine if a drunk driver crashes into your car badly injuring you and causing six (6) months of missed work, $100,000 of medical bills, $25,000 of wage loss, and permanent injuries.
If the driver had either no insurance or only the $15,000 of insurance coverage required in Pennsylvania, you’d either have no party from whom to recover or be forced to accept $15,000 as total compensation for your loss.
By purchasing uninsured and underinsured motorist benefits, you could make a claim against your own insurance company and be made whole for your loss.
Thursday, April 23, 2009
Unsafe Drug Alert - Raptiva Withdrawn From Market
Raptiva is used to treat psoriasis, an autoimmune disease affecting the joints and causing scaly red patches and psoriatic plaques to appear on the skin.
Raptiva is given by weekly injection to adults treat moderate to severe plaque psoriasis by suppressing the immune system. Although suppressing the body’s immune system is known to increase the risk of serious infection, the Food and Drug Administration ("FDA") approved Raptiva in October 2003.
On October 16, 2008, Raptiva received the FDA’s strongest "black box" warning regarding risk of life threatening infections including bacterial sepsis, viral meningitis, and invasive fungal disease.
On February 19, 2009, the FDA issued an advisory linking Raptiva with rare progressive and fatal brain infection multifocal leukoencephalopathy ("PML") which affects the central nervous system causing irreversible neurologic impairment and death. PML symptoms include weakness on one side of the body, blurred or loss of vision, fatigue, memory loss, disorientation, and loss of balance.
The FDA’s advisory identified 3 confirmed - - and 12 potential - - PML cases following long term (i.e., more than 3 years) treatment with Raptiva.
On April 8, 2009, Raptiva’s manufacturer Genentech withdrew Raptiva from the U.S. market announcing that: "{P}hysicians should not issue prescriptions for Raptiva for any new patients and should promptly contact patients currently receiving Raptiva to assess the most appropriate treatment alternatives."
If you or anyone you know is a Raptiva user and experiencing any serious infection or PML development, contact us at schain@schaininjury.com.
Raptiva is given by weekly injection to adults treat moderate to severe plaque psoriasis by suppressing the immune system. Although suppressing the body’s immune system is known to increase the risk of serious infection, the Food and Drug Administration ("FDA") approved Raptiva in October 2003.
On October 16, 2008, Raptiva received the FDA’s strongest "black box" warning regarding risk of life threatening infections including bacterial sepsis, viral meningitis, and invasive fungal disease.
On February 19, 2009, the FDA issued an advisory linking Raptiva with rare progressive and fatal brain infection multifocal leukoencephalopathy ("PML") which affects the central nervous system causing irreversible neurologic impairment and death. PML symptoms include weakness on one side of the body, blurred or loss of vision, fatigue, memory loss, disorientation, and loss of balance.
The FDA’s advisory identified 3 confirmed - - and 12 potential - - PML cases following long term (i.e., more than 3 years) treatment with Raptiva.
On April 8, 2009, Raptiva’s manufacturer Genentech withdrew Raptiva from the U.S. market announcing that: "{P}hysicians should not issue prescriptions for Raptiva for any new patients and should promptly contact patients currently receiving Raptiva to assess the most appropriate treatment alternatives."
If you or anyone you know is a Raptiva user and experiencing any serious infection or PML development, contact us at schain@schaininjury.com.
Tuesday, March 31, 2009
What To Do After an Auto Accident
1. Stop Immediately
Stay calm and avoid blocking traffic. As soon as possible (and without endangering other people or obstructing traffic), pull over to the side of the road. No matter how slight the collision, never leave the scene of an involving you or your car.
2. Make Sure No One is Injured
Provide care to any injured driver or passenger, including obtaining medical attention as soon as possible. Contact 911 or any other ambulance service to receive medical treatment. Do not assume that lack of an obvious injury means no one is hurt.
3. Contact The Police
All auto accidents should be reported to the authorities. Not only will the report assist any injury or property damage claim, it will also be helpful if the other driver tries to avoid responsibility.
4. Sign Nothing
If an insurance adjuster shows up at the accident, give no statements and sign nothing.
5. Gather Information
In addition to obtaining the name, address, phone number and insurance information of all drivers and passengers, get all witnesses names, addresses, and phone numbers. Make a mental note of what witnesses say, such as, "that black car was flying."
6. Visit Your Doctor
Even if unsure whether you - - or anyone else in your vehicle - - was injured, go to the emergency room and be examined by a doctor at the earliest possible time. When you are being examined, be specific in explaining how the accident occurred and all injuries and problems you sustained.
7. Inform Your Insurance Company
Call your insurance company immediately to report the accident. Failing to immediately report the accident may result in the insurance company failing to pay related medical and car repair bills.
8. Contact Schain Law Firm Immediately
Before signing any statements, consult a lawyer specializing in helping those injured in auto accidents. The Schain Law Firm is dedicated to helping the injured obtain the money they deserved.
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