Recent Blog Posts

Are Settlement or Verdict Proceeds Taxable?

Christopher Marzzacco — Tue, 20 Jul 2010 18:16:00 GMT

When an injured victim recovers an insurance settlement or wins a jury verdict, he or she will ultimately receive a check from the insurance company for the person or entity that caused the injury. In most situations, the proceeds of a settlement are not taxable as personal income by either the IRS or the Pennsylvania Department of Revenue.

As an example, in a settlement after a slip and fall, car accident or other injury claim, let's say the victim receives a gross recovery of $10,000.00 from the insurance company. After costs (experts, postage, medical record retrieval fees) and Attorney's fees are deducted, let's say that the net recovery to the client is $6,500.00. Normally, the $6,500.00 figure represents amounts for economic and noneconomic damages--pain and suffering and wage-loss, for example. If so, the $6,500.00 is not taxable income to the injured victim and does not get reported to the IRS or the PA Department of Revenue. However, in rare cases, particularly where there is a specific award designated for "punitive damages," for example, that specific amount of money may be taxable as income to the injured victim.

As a Harrisburg personal injury attorney, I am not a tax expert. If you have been injured in any type of accident, collision or fall, call me for a free consultation. If an insurance company wants to make you a settlement offer an you do not have a personal injury lawyer helping you, I can help you and can get your questions answered. If you have specific questions about taxable income, I can get you in touch with knowledgable tax experts too.

Auto Insurance: Don't Select "Limited-Tort" Coverage!

Attorney Chris Marzzacco — Thu, 01 Jul 2010 20:15:00 GMT

When talking about car accidents or car insurance, you may have heard the terms "limited-tort" and "full-tort." What do these terms mean and is it important to understand them before you purchase auto insurance?

When it comes to auto insurance, "tort selection" is, without a doubt, the single-most important concept for any person who owns a vehicle in Pennsylvania to understand! Simply stated, you can chose "limited-tort," and save on your annual insurance premium. In return for making this selection, however, you give up your rights to recover non-economic damages in almost all instances if injured by another driver. On the other hand, if you chose "full-tort," you will pay slightly more each year in premiums, but you can recover all economic and non-economic damages if injured by another driver. Non-economic damages include pain, suffering, humiliation, mental distress and disfigurement. Generally speaking, if you or a loved one gets hurt in any type of motor vehicle accident without full-tort, you exponentially increase the chances of the other driver's insurance company denying or limiting your claim. Also, selecting limited-tort practically eliminates your ability to make an Uninsured Motorist (UM) or Underinsured (UIM) claim with your own insurance company. Without electing full-tort and purchasing adequate UM and UIM coverage, you risk suffering serious financial losses when hit by an uninsured or underinsured driver in the Harrisburg and York areas.

Before you purchase new automobile insurance in Pennsylvania or make changes to an existing insurance policy, feel free to call an automobile insurance lawyer at Colgan Marzzacco for a free consultation. Talking to an experienced Harrisburg auto injury lawyer about your insurance before you or a loved one get into an accident will give you the peace of mind that you have selected the right coverage to protect you and your family.

It's Summer Time . . . Watch Out for Motorcycles!

Mon, 21 Jun 2010 15:30:00 GMT

Around this time last year you may have noticed many yard signs with the slogan, “Motorcycles Are Everywhere!” This is true. In Pennsylvania, drivers of cars, SUVs and trucks must share the road with our two-wheeled friends. All traffic laws apply equally to cars and motorcycles.

In the summertime, South Central Pennsylvania’s roads and highways become home to many motorcyclists who enjoy the beautiful scenery our section of the Commonwealth has to offer. As such, drivers of cars, trucks and SUVs need to keep a keen lookout for motorcycles at all times. Because of their smaller size and increased maneuverability, motorcycles can easily get caught in the “blind spots” in our rear-view and side mirrors. Also, when following motorcycles on a roadway or highway, drivers need to allow more space between them–particularly in poor weather or less than ideal road conditions.

As a Harrisburg motorcycle accident injury lawyer, someone who has helped injured drivers and motorcycle operators in the past, I have had the unfortunate experience of seeing the catastrophic damage that results in motorcycle accidents. With increased awareness, some understanding and a little courtesy, drivers of cars, trucks and SUVs can safely share South Central Pennsylvania’s roads and highways with motorcycles this summer.

Are Insurance Companies Fair to Injured Victims?

Attorney Chris Marzzacco — Mon, 24 May 2010 20:20:00 GMT

Anyone who has been injured by another person in any type of accident knows the answer to this question. As a Harrisburg personal injury lawyer, people ask me this question all the time. I always tell people that if someone else injures them in an accident, expect a call from that person's insurance company, and remember, that insurance company does not want to help you.

The insurance company for the person who hurt you does not owe you a duty of good faith or a duty to treat you fairly. An insurance company wants to save its money, it does not want to pay the people injured by their insureds. If treating you, an innocently injured person, fairly will cost the insurance company more money, trust me, they will not do it!

If you have questions about insurance companies and the way the handle accident and injury claims, call a personal injury lawyer at Colgan Marzzacco today for a free consultation.

School Buses Should Have Seatbelts

Christopher Marzzacco — Wed, 07 Apr 2010 20:10:00 GMT

"Children . . . our most precious resource." We all agree with this statement, don't we? Then why do we, myself included, allow our children to ride to and from school every day on school busses, the majority of which do not have seatbelts?

In this day of motor vehicle technology and safety, I cannot understand how engineers cannot install seatbelts in school busses that can adequately protect child-passengers. In my automobile injury law practice, I have seen a number of cases involving school bus accidents. Because of their size and design, school buses are susceptible to rollover crashes. In most rollover crashes, death or serious injury occurs because unrestrained passengers get ejected from the bus or suffer blunt-force trauma from striking the interior of the bus during the crash. Think about some of the safety features our personal cars, trucks and SUVs have today such as front, side and window curtain airbags, anti-lock brakes, stability traction control and anti-rollover stabilization, to name a few. Even our seatbelts have advanced over the years. Still, an automobile safety engineer has not figured out a way to install seatbelts in all school busses? I don't get it.

Apparently, opponents of seatbelts argue that school busses are safe they way they are designed now (which is fairly unchanged since the late 1970s). They claim that the design principle of "compartmentalization," i.e., the high-backed, closely positioned seats in school busses provide the best safety option for children in crashes. Advocates of seatbelts seem to suggest, however, that most school busses don't have seatbelts because of economic issues and school districts' reluctance to enforce the use of the same by students.

If your son, daughter or other loved one suffers an injury in a school bus accident, please call an experienced school bus injury lawyer at Colgan Marzzacco today. I encourage parents of school-aged children to research this issue further and contact you school district and local legislator to encourage the installation of seatbelts on school busses.

Don't Text While Driving!

Attorney Chris Marzzacco — Thu, 01 Apr 2010 20:10:00 GMT

Texting while driving is never a good idea. Don't agree with me? Get on the internet and "Google" the phrase. Open a news paper. Watch the news on TV . . . this topic is everywhere.

Why is this issue so hot now? Because texting while driving is incredibly dangerous! In November, 2009, shortly after a man caused the deaths of two innocent people, allegedly because of texting while driving, The Patriot News, Central Pennsylvania's largest news paper, published an article announcing that Pennsylvania lawmakers had proposed bills banning texting while driving and prohibiting younger drivers from any cell phone use at all while behind the wheel. Similarly, many cities in Pennsylvania, including Philadelphia and Harrisburg, have laws banning texting and/or cell phone use while driving on city streets. The various news media have covered this topic--and the carnage it causes in on our highways--extensively. Hopefully, Pennsylvania drivers are beginning to get the message.

As a Harrisburg auto accident lawyer, I have seen many cases where a cell phone has contributed to the personal injury or wrongful death of innocent people in motor vehicle crashes. Texting and trying to drive is simply not a good idea. Take for example, driving in traffic on Route 83 near Harrisburg or York during rush hour. Driving in two lanes of heavy traffic at 55 to 70 miles per hour with drivers changing lanes, braking hard and driving like they're at Daytona International Speedway is tough enough. Then, imagine getting a text message, picking up your phone and then typing for a few seconds without watching the road. Sounds crazy, but it happens!

Please allow me to give you some simple, free advice: If you drive, please don't text!

10 Questions to Ask an Injury Lawyer BEFORE You Hire Him or Her

Attorney Christopher Marzzacco — Mon, 15 Mar 2010 19:30:00 GMT

After a car crash, pedestrian accident, motorcycle accident or tractor trailer wreck, an injured victim should hire the best accident attorney he or she can find. When hiring a Harrisburg auto accident lawyer or a York personal injury lawyer, an injured person has many choices. Here are some questions to ask your prospective lawyer BEFORE you hire him or her:

1. How much experience does your firm have representing injured people?

2. Have you ever been sued for legal malpractice?

3. Are you covered by a legal malpractice insurance policy?

4. Does your firm litigate cases, if necessary?

5. Does your firm have the financial resources to take a serious injury claim to trial?

6. What are the qualifications and experience of the people (both attorneys and non-attorneys) assigned to handle the day-to-day duties of my case at your office?

7. Who at your office (both attorneys and non-attorneys) will be communicating with the insurance company on my case?

8. If I have a legal question during my case, can you assure me I can speak to my lawyer about it and not just to his or her paralegal?

9. Can I meet with my attorney during my case?

10. Can you guarantee that your legal fee will not be more than the amount I receive after paying medical bills and case expenses?

The answers to these questions help an injured victim or his or her family make one of the most important decisions they'll ever have to make. Make the right choice. Call an experienced car accident injury lawyer at Colgan Marzzacco. The call is free. The appointment is free and there is no obligation.

Avoid Myths: Hire a Lawyer to Help You Against the Insurance Company!

Chris Marzzacco — Thu, 11 Mar 2010 20:00:00 GMT

Unfortunately, well over 100,000 people will be injured by others in motor vehicle accidents this year in Pennsylvania . Each year, I estimate that thousands of people never take any action to claim the monetary compensation that they rightly deserve. Some folks make the mistake of trying to handle their cases without a lawyer, either because they get bad advice from insurance companies, friends or relatives, or because they are afraid, intimidated, or confused. Don’t let that happen to you. After getting hurt in a car crash, tractor trailer accident or motorcycle wreck, you need an aggressive auto accident attorney to help you fight the insurance company.

Many myths exist about injury claims, just like anything else. If you are thinking about handling your auto injury accident case by yourself, here a few common myths:

· If you write the other driver’s insurance company a letter and you are reasonable, you will get a fair insurance settlement proposal.

· When you are in an accident and the other driver’s insurance company calls you to ask for a recorded statement, you have to give them one or they won’t settle with you.

· The other driver’s insurance company must pay your medical bills as you incur them.

· The other driver’s insurance company has a duty to treat you fairly and an obligation to use good faith.

· If you go to court and just tell your story, the jury will feel sorry for you and award you adequate damages to compensate you for all your losses.

· Pennsylvania juries are always fair and generous.

If you or a loved one gets hurt in a car crash, call an experienced accident lawyer at Colgan Marzzacco. Get your questions answered for free. Don't try to take on the other driver's insurance company yourself. Learn your rights and let our team help you get the money you need to help you return to work, your family and your life.

Dog Bite Cases

Chris Marzzacco — Mon, 08 Mar 2010 17:20:00 GMT

I love dogs. Anyone who knows me can tell you that if I had my way in my house, our family would own more than one dog. As a Harrisburg and York dog bite injury lawyer, however, I do represent people who have been seriously injured in dog bites and dog attacks.

In dog attack cases, I am reminded that although Pennsylvania has a "Dangerous Dog" statute, there really aren't "dangerous dogs," per se. Rather, there are dogs who are owned by people who do not appreciate the serious injuries that any animal can inflict upon a person when that animal is not properly trained and/or not properly cared for. Simply stated, bad dog owners can result in bad encounters with man's best friend.

Under Pennsylvania law, a dog owner is responsible for any financial damages caused when his dog injures another person in an unprovoked attack when the owner knew the dog has displayed aggressive tendencies in the past. There are also other laws that give rise to causes of action, the Pennsylvania Dangerous Dog Law and the Pennsylvania Leash Law.

When a dog attack results in serious injury to you or a loved one, you need to contact an experienced Pennsylvania dog bite attorney immediately. Because dog bites can result in serious, permanent injuries, these cases often result in substantial monetary settlements and verdicts, if liability can be proved. In all dog bite cases, we immediately utilize the services of our experienced private investigator to gather important information about the dog and the dog's owner and take photos of the scene of the attack and/or surveillance of the dog's surroundings. Copies of all police or dog enforcement agency reports are gathered, witnesses are interviewed and evidence is collected. In these serious cases, it is necessary to prove a violation of Pennsylvania law so that our client can recover money for their medical bills, lost wages, pain, suffering, scarring, disfigurement and the emotional injuries these attacks can cause.

If you or a loved one has been a victim of a dog bite or dog attack, call me for a free consultation. It doesn't matter if the dog that injured you wasn't a German Shepherd, Pit Bull or Rottweiler. Any dog can be dangerous if its owner doesn't properly train it, care for it and supervise it.

Auto Accidents: If I'm Hurt, but Don't want to File a Lawsuit, What Do I do?

Attorney Chris Marzzacco — Wed, 10 Feb 2010 16:25:00 GMT

Most people in South Central Pennsylvania who get hurt by other drivers don't want to file a lawsuit against the person who hurt them in the incident. This is particularly true where the accident was caused by someone who they know or who lives in their community. In today's world where we read about people who sue over everything--from spilled coffee to lost dry cleaning items--I think this is an admirable approach. However, when injured by someone else in a car accident, you will incur financial losses like car repair bills, medical bills and lost wages. Even if you're not the "suing-type," an experienced auto accident attorney can help you.

Most car accident, trucking accident and motorcycle accident injury cases settle out of court. This usually means that you do not have to file a lawsuit or go to court. In a typical auto accident injury case, your injury lawyer is able to handle the entire matter with the other driver's auto insurance company without any involvement with the actual person who hit you. In these cases, your lawyer is able to fight for your rights outside the courtroom by negotiating with the other person's insurance adjuster.

Unfortunately, in some cases, the insurance company for the other person blames you for the accident (even when it's not your fault) or is not willing to make a fair settlement offer to you. In those cases, it is necessary to file a lawsuit. In Pennsylvania accident injury cases, the caption of the action must contain the name of the individual (or business) that caused the accident. When we are forced to file a lawsuit by the insurance company, I always remind my clients that the insured person almost never has a say in how the insurance company handles the claim. Although we "name" the person who caused the accident, I remind my clients that it will be the insurance company who calls all the shots during the litigation and it is the insurance company who has to pay legal fees and any verdict returned against the person after a trial. Also, if the jury or judge awards an amount over the other person's auto insurance coverage, I remind my clients that they do not have to go after the other person's personal assets, such as their home and retirement accounts.

So, at the end of the day, injured victims are really fighting for their rights against insurance companies, not the individual person who caused the accident.

If you or a loved one was injured by another person or business in a Pennsylvania automobile accident--even if you know the person who hurt you--call me for a free consultation. I can answer all of your questions and try to give you peace of mind in this difficult time.

Injured in a Car Accident: Do I have to Give a Statement to the Insurance Company?

Attorney Chris Marzzacco — Sun, 07 Feb 2010 15:57:00 GMT

If you have been injured by someone in a Pennsylvania car accident, chances are that you will get a call from the other person's auto insurance company--sometimes hours or days after the incident. Do you have to give a statement to the other person's auto insurance adjuster when they call? I'm asked this all the time and my free advice is always the same: "absolutely no."

After a car or other motor vehicle accident, the insurance company for the person who struck you will immediately get information on the crash, including information on you, the innocent victim. Shortly thereafter, the insurance adjuster will call you, sometimes while you're still recovering in the hospital! I have even seen cases where insurance companies send an adjuster to your home or hospital room! In this call or visit, the adjuster is looking for any information that will help him or her blame you for the accident and find ways to deny paying for things like your car damage, car rental, medical bills, lost wages and pain and suffering. After all, even if the adjuster seems to be on your side, he or she is not. Rather, you must remember that the other person's insurance company only cares about one thing--saving its money.

If you or a loved one were injured in a car accident, call a Pennsylvania auto accident lawyer at Colgan Marzzacco for a free consultation. Do NOT speak to an insurance adjuster about anything after an accident. Instead, simply get the adjuster's name, phone number and the claim number and tell him or her that your auto accident lawyer will be in touch with them.

If you want to know more about giving statements to an auto insurance adjuster, call me for a free telephone consultation.

Mediation Works!

Attorney Chris Marzzacco — Fri, 08 Jan 2010 10:07:00 GMT

The majority of personal injury claims result in settlements made with the at-fault party's insurance company. In fact, in the South Central Pennsylvania area, I bet that almost 90% of all personal injury claims result in some type of settlement. What happens if the case doesn't settle? Traditionally, you would go to court and let a jury or judge decide your fate. There is an alternative to a judge or jury trial, however, and that is to resolve the case through mediation.

Mediation takes place when the injured victim and the other party's insurance company agree to meet with a neutral third party in an effort to resolve the case outside of court. Most mediators are former judges or experienced lawyers. At the mediation, the injured victim is represented by his or her personal injury attorney and the other party's insurance company is represented by its attorney. Most mediations take place in office conference rooms and are usually very informal. For example, unlike a jury trial, in a mediation the injured victim does not have to testify and is not required to present any witnesses. Rather, each lawyer usually makes some opening remarks about the case to the mediator while all parties are present in the room. Then the parties separate. The mediator then spends time with each party trying to determine if he or she can help the parties agree on a settlement figure. Often, this means that the mediator will go from room to room trying to bring the two sides to a reasonable resolution.

Does it work? In my experience, yes. Unlike a trial where both parties want to "win," in mediation, the parties attend because they have agreed to do so. Keep in mind that mediation is voluntary. Although both parties want to resolve the case in their favor, they realize that they will have to agree on a settlement figure or they will have to go to trial later. Knowing this, I have seen good things happen at mediations that don't happen at trial. For example in a recent injury case, we had made a settlement demand of over $250,000.00 to the at-fault party's insurance company, to which they made an offer of $0.00. Even after years of depositions, discovery and numerous negotiations, the insurance company's lawyer refused to settle the claim. My client understood that it is always risky to go to court. It looked like the case was headed for trial in the Court of Common Pleas, Dauphin County. However, Dauphin County rules require that the parties contemplate mediation before a case can be set for trial. Knowing this, we suggested mediation.

At the mediation, we again made our $250,000.00 demand. (You should know, however, that we felt that the case should settle for around $60,000.00 to $75,000.00). After separating, the mediator came into our room to inform us that the insurance company would offer $25,000.00. After discussing the pros and cons of the case a little further with the mediator, we offered $150,000.00. The mediator left to speak to the insurance company. Upon his return a few minutes later, he told us that the insurance company would agree to $50,000.00. This process continued for about 2 more hours with the insurance company making its "final offer" of $70,000.00, while we were at $110,000.00. At that point, the mediator assembled everyone and indicated that he was disappointed that we couldn't work this out. As a retired judge, he felt that we were close to the true value of the claim, but knew that each party would have to compromise a little bit more to get the case resolved. The mediator reminded each party of the risks of trial and the thousands of dollars each would have to spend to litigate the case in court. Also, he pointed out, if we resolved the case now, my client would receive her check in a week or so and not have to worry about a trial that would occur in about a year from that day. The mediator asked both parties to consider meeting in the middle of our respective figures, at around $90,000.00. Both parties separated one last time. A few minutes later, the mediator returned with a smile. We had resolved the case!

Did mediation work for my client? Absolutely--she settled a case that was headed for trial for well over the predicted value of the claim. Can I explain how the at-fault party's insurance company went from $0.00 to $25,000.00 to $50,000.00 to $70,000.00 to $90,000.00, but would not do so before? Yes. It was the nature of the mediation. At the mediation, the insurance company began to see its weaknesses and began to realize the risks and expenses it faced if we tried the case. Why did my client compromise? For the same reasons--we realized that a jury is always unpredictable. Also, you know the saying, "a bird in hand is worth two in the bush."

If you or a loved one has been injured by another in any type of accident, I am available to protect your legal rights. As an experienced persoanl injury lawyer, in all cases I handle, I prepare the case as if it will one day end up in trial before a jury. That way, my client's interests are protected and I'm prepared. However, I am a big fan of mediation. Mediation is inexpensive, quick and non-binding. In my experience, mediation is often the best way to get an injured victim the money he or she deserves. In the appropriate case, mediation works!

Contingent Fees

Attorney Chris Marzzacco — Mon, 21 Dec 2009 14:20:00 GMT

Anyone who has looked for a personal injury lawyer has probably learned that their fees are "contingent." In other words, if the lawyer does not make a recovery for the client, they do not get paid a legal fee. This fee structure is the norm and is required in Pennsylvania. At most firms, the contingent fee charged is 33 1/3% to 40% of any recovery.

At The Law Offices of Colgan Marzzacco, we charge a contingent fee in all personal injury matters. Unlike some firms who raise their fees from 33 1/3% to 40% (or higher), we never raise our fees if we file a law suit, go to mediation, arbitration or a jury trial. When we represent children, we actually lower our fees to 30% or 25%, depending on the type of case.

In all personal injury claims, I will speak on the phone to a caller free of charge. If I think there's a case, I offer an additional free consultation in my office, the hospital or the injured person's home. At Colgan Marzzacco, we believe that every injured caller deserves to speak to a lawyer. At Colgan Marzzacco, I am proud to say that "every client matters."

A Good Law Firm

Chris Marzzacco — Sun, 20 Dec 2009 17:25:00 GMT

What makes a good law firm? Most people probably don't think about that much, until they have a problem or need help. If you or someone you love needed legal help, what type of lawyer or law firm would you look for?

Would you simply look at the size of the firm or the experience of the lawyers? Would you look at the legal fees charged or the reputation of the firm? Or, would you simply pick a firm by calling the first one you found?

I think a good law firm is one made up of good people.

Tim Colgan and I recently threw our holiday party for our lawyers and staff. It's truly a fun day for all. We work all morning and then close in the early afternoon to celebrate the season with each other. We eat, share some holiday cheer and exchange gifts. In the evening, all lawyers and staff gather at an area restaurant with our spouses and significant others and enjoy a great meal together. To me, the event has become as much a part of the holiday season as any other tradition in my family.

Over the years through numerous events like our holiday party, I have learned that the people who work for Tim Colgan and me are very good people. Yes, we have smart, aggressive lawyers with great professional resumes and excellent reputations. Yes, we have very qualified management and support staff. And yes, we have the necessary resources to serve our clients' needs. But what we offer that some firms do not, is a firm made up of good, caring, everyday people.

When choosing a law firm, I hope you choose one that's made up of real people. When you choose a law firm, choose a good one. I am proud to say that Colgan Marzzacco is a good law firm.

The Benefit of an Experienced Personal Injury Paralegal

Chris Marzzacco — Sat, 19 Dec 2009 14:04:00 GMT

Having a certified paralegal with years of personal injury experience really makes a difference in a personal injury client's case. I am proud to say that at The Law Offices of Colgan Marzzacco, Certified Paralegal, Jennipher Zougmore, is one of the best in the business!

Jennipher received her paralegal training through the Academy of Medical Arts & Business in Harrisburg, Pennsylvania, where she earned a Paralegal Certificate. Following her paralegal training, Jennipher completed a three month internship at the Pennsylvania Public Utility Commission. Fortunately for injured victims, Jennipher then began working in the field of personal injury law. Over her 11 year career, Jennipher has gained valuable experience in every area of the practice--from interviewing clients and preparing insurance claims to drafting litigation documents and assisting at trial. A voting member of the Central Pennsylvania Paralegal Association, Jennipher recently met the requirements necessary to earn the accreditation of Pennsylvania Certified Paralegal through the Keystone Alliance of Paralegal Associations.

Without a doubt, Jennipher's greatest attribute is her dedication to my clients. The personal attention that Jennipher gives each client really makes going through these difficult times a little easier. As a client of Colgan Marzzacco, you will have the peace of mind that you are in good hands with me and my Certified Paralegal, Jennipher Zougmore.