Author: Ruth Corcoran

When we get behind the wheel, we assume that other drivers on the road are following the same safety guidelines, including having the necessary insurance coverage. However, that assumption may be dangerously wrong. Unfortunately, the number of uninsured drivers and underinsured drivers is on the rise, leaving responsible drivers exposed to significant financial risks.

In the unfortunate event of an auto accident, the financial aftermath can be devastating, especially if the at-fault driver is inadequately insured or worse, not insured at all. Understanding how to shield yourself from uninsured drivers is crucial for safeguarding your finances and ensuring peace of mind. Thankfully, there are effective measures to protect yourself from these risks, with one of the most potent being the acquisition of uninsured and underinsured motorist (UM/UIM) coverage.

The Growing Problem: Uninsured Drivers and Underinsured Drivers

The issue of auto accidents involving uninsured and underinsured drivers is a growing concern across the United States. It’s important for all drivers to be aware of this trend and take steps to protect themselves.

Across the United States, the number of uninsured drivers is increasing. According to the Insurance Information Institute, “a 2023 report by the Insurance Research Council found that 14% of motorists, or about one in seven drivers were uninsured.”

Even more troubling – the number of underinsured drivers with insurance but insufficient coverage limits to pay for serious auto accident injuries or damage also continues to rise. According to a 2023 report from the Insurance Research Council, 15.7% of drivers in the U.S. have insufficient coverage. Several factors contribute to this alarming trend, including rising insurance premiums, economic challenges, and lapses in coverage.

Liability Limits Fall Short in Many States

In many states, including Pennsylvania, the liability limits required by law are simply too low to cover all the costs associated with a serious auto accident. According to the Pennsylvania Department of Transportation, all motor vehicles subject to registration must have liability insurance. You are complying if you have liability insurance in PA in the following amounts:

  • $15,000 for injury or death of one person in an accident
  • $30,000 for injury or death of more than one person in an accident
  • $5,000 for damage to the property of another person

Those amounts are deficient by today’s standards, leaving thousands of Pennsylvanians driving without adequate coverage. This can be devastating in the event of a car accident.

Uninsured Motorist (UM) &Underinsured Motorist (UIM) Coverage

Relying on other drivers to carry adequate coverage is insufficient to protect yourself financially. This is where Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage become essential.

Uninsured Motorist (UM) Coverage protects you in cases where you are hit by a driver who has no insurance at all. This could be a hit-and-run accident or an accident with a driver who neglected to purchase insurance.

Underinsured Motorist (UIM) Coverage comes into play when the at-fault driver has some insurance, but their policy limits are too low to cover the full extent of your losses. For example, if you were involved in an accident where the other driver had the state minimum coverage of $15,000 and your injuries and damages totaled $50,000, UIM coverage would help bridge that gap.

Together, UM and UIM coverage are designed to protect you in situations where the responsible party either has insufficient liability coverage or no coverage at all. These coverages can be a financial lifeline after a serious car accident.

Why Minimum Liability Limits Are Insufficient

It’s important for many drivers to realize that the minimum liability limits mandated by their state may not be sufficient to cover the costs associated with a severe accident. Costs associated with medical expenses, vehicle repairs, lost wages, and pain and suffering can quickly accumulate. If the at-fault driver’s liability coverage is insufficient, these costs may end up on your plate.

Having adequate UM/UIM coverage is not just a precaution, it’s a proactive step towards shielding yourself from these financial risks.

Tips for Checking Your Insurance Policy

Reviewing your auto insurance policy carefully is essential to ensure you’re adequately protected. Here are a few tips for checking your coverage:

  1. Review Your Current Liability Limits: The first step is to examine your existing coverage closely. What are your current liability limits for bodily injury and property damage?
  2. Check for Uninsured and Underinsured Motorist Coverage: While UM/UIM coverage is required in some states, it may be optional in others. If you’re not sure whether you have this coverage, now is the time to check your policy documents. If you don’t have UM/UIM coverage, consider adding it.
  3. Assess Your Coverage Limits: Just like liability coverage, your UM/UIM coverage comes with limits. Evaluate whether your current UM/UIM limits are high enough to protect you in the event of a serious accident.
  4. Consider Additional Coverage: In addition to UM and UIM, you should review your First Party Benefits also known as Personal Injury Protection (PIP) which includes medical benefits, income loss benefits, accidental death benefits, funeral benefits, and provide coverage regardless of fault .

Speak with Your Insurance Agent

Insurance policies can be complex, and it’s easy to overlook important details. That’s why speaking with your insurance agent is an excellent idea to ensure you’re adequately covered. Ask your agent to explain the details of your UM and UIM coverage and inquire about the cost of increasing your coverage limits. Many agents can provide personalized advice based on your driving habits, risk factors, and budget. Ask questions or request a policy review to ensure you’re fully protected.

Shopping Around for Better Rates

If you find that your current insurance policy doesn’t offer adequate UM/UIM coverage or if you’re concerned about the cost, it may be time to shop around for a better rate. The insurance market is competitive, and many companies offer discounts or lower premiums for drivers who bundle policies, have a clean driving record, or take advantage of safety features like anti-theft devices or telematics programs.

Be sure to compare quotes from multiple insurers and review their coverage options to find a policy that offers the protection you need at a price you can afford.

Protect Yourself from Uninsured Drivers

With the rise of uninsured and underinsured drivers, protecting yourself on the road is more important than ever. Minimum liability limits in many states are insufficient to cover the full cost of damages in a serious auto accident, leaving you financially vulnerable if the at-fault driver lacks sufficient coverage.

By purchasing Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, reviewing your policy, and speaking with your insurance agent, you can ensure you’re adequately protected. Taking the time to assess your coverage now can save you from potentially devastating financial consequences down the road.

Contact Distasio, Kowalski & Yelen if You’ve Been Injured in an Auto Accident

The DKY Auto Accident Firm can ensure you get the best representation and compensation for your injuries in the event of a serious accident. DKY Law’s experienced car and truck accident attorneys are available to meet with you to discuss the best course of action after an auto accident.

 

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today

 

Jeffrey A. Yelen, a partner with DKY Law firm, has been representing clients with a broad range of legal issues for over 25 years.  These include cases involving Elder Law, Personal Injury, Medical Malpractice, Workers Compensation, Wills, Trust & Estates and Powers of Attorney and the general practice of law.  If you are injured, you want Attorney Yelen and the DKY Law Firm fighting for you. Contact Attorney Yelen today.

 

WILKES-BARRE, PA – August 20, 2024 – Distasio, Kowalski &Yelen LLC is pleased to announce that Attorney Michael J. Kowalski has been selected for inclusion in The Best Lawyers in America© for 2025. This is Attorney Kowalski’s sixth straight year listed in the renowned publication. He was recognized for his work in the areas of medical malpractice law and personal injury litigation.

Best Lawyers is the oldest and most respected peer-review research and marketing company in the legal profession. The 31st edition of The Best Lawyers in America© highlights outstanding legal talent and represents the top 5% of lawyers across the United States, providing invaluable guidance to clients and legal professionals.

Distasio, Kowalski & Yelen LLC is located at 15 Public Square in Wilkes-Barre. The law firm specializes in Personal Injury, Auto & Truck Accidents, Medical Malpractice, Birth Injury, Wrongful Death, Criminal Law, Business Law, Real Estate, Workers’ Compensation, and Estates & Wills.

To contact Attorney Michael J. Kowalski or for more information on Distasio, Kowalski & Yelen LLC, please visit dky.law or call 570-970-5400.  Tap to learn more about Attorney Kowalski.

 

WILKES-BARRE, PA – August 12, 2024 – Distasio, Kowalski &Yelen LLC (DKY Law) is pleased to announce that Attorney Jeffrey Yelen has been recognized among the 2024 Lawyers of Distinction. With over 25 years of experience in the general practice of law, Attorney Yelen has built a reputation of his exceptional legal expertise and dedication to clients.

Lawyers of Distinction recognizes excellence in the practice of law in approximately 30 areas of practice, including Elder Law, Estate Planning and Trust law, General Practice Law, Criminal Law, Medical Malpractice Law, Personal Injury Law, and more. Lawyers of Distinction members are selected based upon a review and vetting process by a selection committee, which factor in achievements and peer recognition.

About DKY Law

Distasio, Kowalski & Yelen LLC is located at 15 Public Square in Wilkes-Barre. The law firm specializes in Personal Injury, Auto & Truck Accidents, Medical Malpractice, Birth Injury, Wrongful Death, Criminal Law, Business Law, Real Estate, Workers’ Compensation, Estates & Wills, Family Law, and Elder Law.

To contact Jeffrey Yelen or for more information on Distasio, Kowalski & Yelen LLC, please visit dky.law or call 570-970-5400.

The DKY Law Firm is dedicated to fostering a strong and vibrant local community. Our ongoing commitment to supporting community events and initiatives is a testament to our belief in giving back and making a positive impact. Recently, we have proudly sponsored several noteworthy events.

Supporting Wilkes-Barre Special Needs Playground Project

One of our recent contributions includes sponsorship of a Designer Purse Bingo fundraising event. This event will benefit the Wilkes-Barre Special Needs Playground Project, an inspiring initiative to provide all children with a place to learn and play together regardless of their abilities. The playground, designed to be accessible for children with cognitive or physical disabilities, such as autism and Down syndrome, offers a fun and inclusive environment where children of all capabilities can interact and enjoy themselves. We are honored to support such a vital project that promotes inclusivity and joy for all children in our community, and we hope you will join us in this important cause.

Supporting the Mission of The Lands at Hillside Farms

In addition to this, we have also extended our support as a Festival Friend Sponsor for community events presented by The Lands at Hillside Farms. The Lands at Hillside Farms is a non-profit educational dairy farm. Each year, The Lands welcomes thousands of regional students of all ages and means, allowing them to work side-by-side with educators and learn about science, agriculture, ecology, nutrition, land conservation, sustainable living, and more. By supporting The Lands, we are investing in the education and growth of future generations, ensuring they have the knowledge and tools to lead sustainable and fulfilling lives.

Distasio, Kowalski & Yelen Law Firm: Community First

At DKY Law, we firmly believe that supporting our local community is a responsibility and a privilege. Our sponsorships and donations reflect our belief in the importance of community support. We are proud to stand behind initiatives like the Wilkes-Barre Special Needs Playground Project and The Lands at Hillside Farms, as they embody the values and goals we hold dear.

We look forward to continuing our support for community events and projects that make a difference. Together, we can build a brighter future for our community.

 

 

 

Fetal demise or newborn death during or shortly following delivery is a profoundly tragic event, often resulting in deep emotional and psychological impacts on the parents. Understanding the warning signs of fetal distress, the potential dangers, and the causes is crucial in improving outcomes and advocating for the unborn child’s well-being. Additionally, having dedicated health providers focused on the infant during delivery can significantly enhance care and reduce the risk of adverse outcomes.

Importance of Staff & Care Protocols in Preventing Newborn Death

Ensuring hospitals adhere to proper protocols in staffing and medical care during labor and in the care of an infant during and immediately following birth is critical for the health and safety of both mother and child. Proper staffing means having a sufficient number of trained medical professionals, including obstetricians, midwives, pediatricians, and nurses, who are equipped to handle the complexities of childbirth. Adhering to established protocols ensures that every aspect of the birthing process is managed according to the highest standards of medical care, minimizing risks and enhancing outcomes. When hospitals prioritize these elements, they provide a safe and supportive environment, leading to healthier mothers and babies.

Failure to Adhere to Proper Protocols Puts Infant Lives in Jeopardy

A recent article published in The Morning Call, a Lehigh Valley newspaper, reported that “a baby born at Lehigh Valley Hospital-Hazleton suffered a collapsed lung and died shortly after birth. About seven months later, another newborn died under similar circumstances.” According to the article, “These two incidents at LVH-Hazleton were the subject of an inspection by the Pennsylvania Department of Health in January, which found numerous deficiencies and violations of federal and state regulations. Specifically, state investigators found that the hospital failed on multiple occasions to ensure that on-call-pediatricians arrived at the hospital in 30 minutes or less.”

Adequate Healthcare Staffing is Vital During Labor & Delivery

As evidenced by the state inspection mentioned above, adequately trained staff during labor and delivery is crucial. Each professional plays a vital role. It is also essential that a skilled pediatrician be on hand to provide immediate care for a newborn. Potential issues like fetal distress, preeclampsia, or unexpected delivery complications can be promptly addressed when proper protocols are followed. This multidisciplinary approach ensures that any complications are swiftly and effectively managed, reducing the likelihood of adverse outcomes such as emergency C-sections or prolonged labor, which can increase risks for both the mother and the baby.

Inadequate staffing or failure to follow protocols can lead to dire consequences. For example, without a sufficient number of trained professionals, signs of distress in the mother or baby might be missed or misinterpreted, leading to delayed or inappropriate interventions. This can result in complications such as hypoxia, where the baby does not receive enough oxygen, potentially causing brain damage or even stillbirth. For the mother, lack of proper care can lead to severe hemorrhaging or untreated preeclampsia, both of which can be life-threatening unless promptly addressed. These outcomes underline the necessity for hospitals to maintain rigorous standards in their staffing and procedural protocols.

Immediate Post-Birth Infant Care is Critical

The immediate care of an infant post-birth is equally crucial. Proper protocols include ensuring the baby can breathe adequately, maintain body temperature, and initiate breastfeeding. Pediatricians and nurses must be vigilant in monitoring vital signs and responding to any signs of distress or abnormality. Proper protocol also involves the timely administration of necessary medications and conducting essential screenings. Failure to follow these procedures may cause complications such as neonatal jaundice, infections, or respiratory issues, which, if not managed promptly, can have long-term health implications.

Ultimately, the importance of hospitals following proper protocols in staffing and medical care during labor and the immediate care of infants cannot be overstated. It is a matter of life and health for both mother and child. Hospitals must commit to rigorous training, maintaining adequate staff levels, and adhering to evidence-based protocols to ensure the best possible outcomes. When these standards are met, the risks of complications or infant death are significantly reduced, leading to safer deliveries and healthier futures for newborns.

Warning Signs of Fetal Distress

Fetal distress refers to indications before and during childbirth that the fetus is not well. Some common warning signs include:

  1. Decreased Fetal Movement: A significant decrease in the baby’s movements might indicate distress.
  2. Abnormal Heart Rate: A fetal heart rate outside the normal range (110-160 beats per minute) can signify problems.
  3. Meconium in Amniotic Fluid: The presence of meconium (the baby’s first stool) in the amniotic fluid can indicate fetal stress.
  4. Fetal Growth Restriction: A very tiny baby.
  5. Abnormal Amniotic Fluid Levels: Too much or too little amniotic fluid can be a warning sign. 

Advocating for Your Unborn Baby

Advocacy for an unborn baby begins with being well-informed and proactive. Here are steps parents can take to advocate effectively:

  1. Educate Yourself: Understanding the risk factors and warning signs of fetal distress is essential.
  2. Prenatal Visits: Regular check-ups allow healthcare providers to monitor the baby’s development and identify potential issues early.
  3. Birth Plan: Create a detailed birth plan outlining your preferences and concerns and discuss it with your healthcare provider.
  4. Ask Questions: Don’t hesitate to speak to your healthcare provider about any concerns or symptoms you experience.
  5. Monitor Fetal Movements: Monitor your baby’s movements, especially in the third trimester, and report any significant changes to your healthcare provider immediately. 

Importance of Dedicated Health Providers in Preventing Newborn Death

The presence of a health provider focused solely on the infant during delivery is crucial. This professional, often a neonatal nurse or neonatologist, can provide immediate and specialized care to the newborn, addressing any complications promptly. Their roles include:

  1. Monitoring Fetal Heart Rate: Continuously monitoring the baby’s heart rate during labor to detect any signs of distress.
  2. Immediate Response to Complications: Being prepared to handle emergencies, such as respiratory distress or meconium aspiration.
  3. Newborn Resuscitation: Skilled in neonatal resuscitation techniques if the baby has difficulty breathing at birth.
  4. Postnatal Care: Providing necessary care immediately after birth, including assessments and interventions to ensure the baby’s health. 

When Medical Negligence Ends in Tragedy

The death of an infant during or shortly after delivery is a heartbreaking event with various causes and risk factors. By recognizing the warning signs of fetal distress and advocating effectively for their unborn child, parents can play a pivotal role in ensuring the best possible outcomes. Furthermore, the presence of dedicated healthcare providers focused on the infant during delivery can make a significant difference, providing specialized care that addresses any complications promptly.

If your family has suffered an unexpected newborn death as the result of the negligence of a healthcare provider, our infant wrongful death attorneys will advocate for your rights and help you get the justice you deserve. The birth injury lawyers at DKY Law are highly experienced in cases involving infants who have sustained injuries or died due to medical malpractice before, during, and after delivery.

“Our son suffered HIE, a very serious birth injury caused by lack of oxygen to the brain,” commented a DKY Law birth injury client. “This injury left him with the need for a lifetime of medical and other special care. We met with Mike Kowalski and immediately felt comfortable and confident that Distasio, Kowalski & Yelen was going to do their absolute best for our son. Although the damage to our son can never be undone, when Mike Kowalski successfully settled the case, we gained the peace of mind in knowing that all of our son’s special needs will be met and that he will receive the best care possible.”

Contact the DKY Birth Injury Law Firm

Contact a dedicated Distasio Kowalski & Yelen birth injury and wrongful death lawyer in Wilkes-Barre, Pennsylvania today for a confidential case evaluation.  We will fight to get you the justice you deserve.

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today.

 

 

Jeffrey A. Yelen, a partner with DKY Law Firm, is an Elder Law Attorney who brings 25 years of estate planning, probate and estate litigation experience to the clients he serves. He is head of the firm’s Elder Law and Estate Services division and is highly experienced in Wills, Estates, and Trusts.  When you are searching for an Elder Law Lawyer, Attorney Yelen can provide the skilled legal representation you and your family need. Contact Attorney Yelen