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CARPEY LAW THE Information Resource For Accident Victims In Pennsylvania Stuart A. Carpey, Esquire CARPEY CHRONICLE THE 100 West Elm Street, Suite 310 | Conshohocken, PA 19428 | 610-834-6030 1515 Market Street | Suite 1200 | Philadelphia, PA 19102 | 215-563-8286 800-422-8286 | Fax: 610-834-6035 | E-mail: [email protected] VOLUME 8, ISSUE 7, JULY, 2015 OUR 6 SATELLITE OFFICES n Bala Cynwyd Two Bala Plaza, Suite 300 Bala Cynwyd, PA 19004 n King of Prussia 1060 First Avenue, Suite 400 King of Prussia, PA 19406 n Malvern 101 Lindenwood Drive, Suite 225 Malvern, PA 19355 n Plymouth Meeting 600 West Germantown Pike Plymouth Meeting Exec. Campus, Suite 400 Plymouth Meeting, PA 19462 n Radnor Radnor Financial Center 150 N. Radnor Chester Rd., Suite F 200 Radnor, PA 19087 n Broomall Sproul Rd. at Williamsburg Drive 600 Williamsburg Drive Broomall, PA 19008 WE ARE COMMITTED To providing exceptional legal services to each and every one of our clients. What Is A Confidentiality Agreement & Why Did Tracy Morgan Agree To It? Confidentiality agreements can be common in personal injury settlements, though they do not apply to every case. They depend on the nature of the claim and the type of defendant involved. What is a Confidentiality Agreement? When a personal injury case is settled, the injured party (plaintiff) signs a release document (essentially a contract) with the at fault party (defendant). In exchange for payment of the settlement amount, the injured party agrees to drop the case and file the proper documents with the court indicating that the case has been closed. In some cases, the at fault party or their insurance company may also insist that as part of the release for payment of money, the plaintiff agrees not to publicize the terms of the agreement, typically meaning the amount of the settlement. This is what’s called a confidentiality agreement or confidentiality clause. Why Would Walmart Insist on Confidentiality in the Tracy Morgan Case? In the case of Tracy Morgan’s recent personal injury case, Walmart is self-insured (which means that they are paying this settlement straight out of their own pocket.) But whether self insured or insured by a distinct insurance company, the reasoning behind confidentiality would be the same. Morgan’s settlement was likely a rather expensive one for Walmart. He had serious orthopedic injuries that were surgically repaired. He likely sustained other permanent damage, but because the case settled within a year or so of the incident, he probably had a good recovery outlook. In addition to his physical injuries, he was likely compensated for psychological trauma and lost wages. Cancelled appearances or performances would factor into the damages aspect of the case, specifically pertaining to his wage loss. Morgan and his lawyers signed a confidentiality agreement as part of the settlement. This prevents Morgan and his lawyers from publicizing the amount of the settlement. The reason for the confidentiality agreement is that Walmart doesn’t want anyone to get an inside look at how they evaluated the case. Why Does Confidentiality Matter? Why would an insurance company or defendant want to hide what they paid on a claim? The reason is that the company doesn’t want anyone knowing how they evaluate claims. In theory, an attorney representing a similar plaintiff with similar injuries against the same defendant or their insurance company in a future case may have an advantage in settlement negotiations.

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Page 1: Stuart A. Carpey, Esquire CARPEY LAW THE …...what to do at the scene of a car accident, but the list doesn’t focus on those vital moments just after the accident occurred. The

CARPEY LAW

THE Information Resource For Accident Victims In Pennsylvania

Stuart A. Carpey, Esquire

CARPEY CHRONICLE THE

100 West Elm Street, Suite 310 | Conshohocken, PA 19428 | 610-834-6030 1515 Market Street | Suite 1200 | Philadelphia, PA 19102 | 215-563-8286

800-422-8286 | Fax: 610-834-6035 | E-mail: [email protected]

VOLUME 8, ISSUE 7, JULY, 2015

OUR 6SATELLITEOFFICESn Bala CynwydTwo Bala Plaza, Suite 300Bala Cynwyd, PA 19004

n King of Prussia1060 First Avenue, Suite 400King of Prussia, PA 19406

n Malvern101 Lindenwood Drive, Suite 225Malvern, PA 19355

n Plymouth Meeting600 West Germantown PikePlymouth Meeting Exec. Campus, Suite 400Plymouth Meeting, PA 19462

n RadnorRadnor Financial Center150 N. Radnor Chester Rd.,Suite F 200Radnor, PA 19087

n BroomallSproul Rd. at Williamsburg Drive600 Williamsburg DriveBroomall, PA 19008

WE ARECOMMITTED

To providing exceptional legal services to each and every one

of our clients.

What Is A Confidentiality Agreement & Why DidTracy Morgan Agree To It?Confidentiality agreements can be common in personal injury settlements, though they do not apply to every case. They depend on the nature of the claim and the type of defendant involved.

What is a Confidentiality Agreement?When a personal injury case is settled, the injured party (plaintiff) signs a release document (essentially a contract) with the at fault party (defendant). In exchange for payment of the settlement amount, the injured party agrees to drop the case and file the proper documents with the court indicating that the case has been closed. In some cases, the at fault party or their insurance company may also insist that as part of the release for payment of money, the plaintiff agrees not to publicize the terms of the agreement, typically meaning the amount of the settlement. This is what’s called a confidentiality agreement or confidentiality clause.

Why Would Walmart Insist onConfidentiality in the Tracy Morgan Case?In the case of Tracy Morgan’s recent personalinjury case, Walmart is self-insured (which means that they are paying this settlement straight out of their own pocket.) But whether self insured or insured by a distinct insurance company, thereasoning behind confidentiality would be the same.

Morgan’s settlement was likely a ratherexpensive one for Walmart. He had serious

orthopedic injuries that were surgically repaired. He likely sustained other permanent damage, but because the case settled within a year or so of the incident, he probably had a good recovery outlook. In addition to his physical injuries, he was likely compensated for psychological trauma and lost wages. Cancelled appearances or performances would factor into the damages aspect of the case, specifically pertaining to his wage loss.

Morgan and his lawyers signed a confidentiality agreement as part of the settlement. This prevents Morgan and his lawyers from publicizing the amount of the settlement. The reason for the confidentiality agreement is that Walmart doesn’t want anyone to get an inside look at how they evaluated the case.

Why Does Confidentiality Matter?Why would an insurance company or defendant want to hide what they paid on a claim? The reason is that the company doesn’t want anyone knowing how they evaluate claims. In theory, an attorney representing a similar plaintiff with similar injuries against the same defendant or their insurance company in a future case may have an advantage in settlement negotiations.

Page 2: Stuart A. Carpey, Esquire CARPEY LAW THE …...what to do at the scene of a car accident, but the list doesn’t focus on those vital moments just after the accident occurred. The

THE CARPEY CHRONICLE

About us: We perform very high quality legal work. We are highly competent and we have a highly com-petent support staff, but we are not perfect. We can make mistakes. We will correct a mistake if we find it or if you point it out.

It is our policy to return phone calls in the order they are received and based on the priority of the

REMINDER ABOUT OUR FIRM’S COMMUNICATION POLICYsituation. If you leave a message, your call will be returned usually within 24 hours. Some clients feel that calling multiple times in a day will get their call answered faster, but that is not the case. Email is the quickest way to get a response from anyone in the office.

We work by appointment only. Without an

appointment, it is unlikely Mr. Carpey would be able to meet with you.

Please utilize our support staff to answer your questions and to give you status reports. Our legal assistants and paralegals are very experienced and will often be able to respond to your requests.

Coconut-Lime Ice PopsINGREDIENTS:n Two 14-ounce cans unsweetened coconut milkn 1/2 Cup sugarn 1/2 Cup fresh lime juicen Finely grated zest of 1 lime

LAURA CARPEY’S RECIPE OF THE MONTH

INSTRUCTIONS: In a blender, puree the coconut milk with the sugar, lime juice and zest. Pour through a fine strainer into a large measuring cup and then pour into 10 to 12 ice-pop molds. Freeze until set, at least 2 hours or up to 1 week.

The scene of a car accident in Pennsylvaniacan seem chaotic – and you will surely feel disoriented following your accident – but there are in fact a number of sensible things you can do following your crash.

Our website already provides a checklist for what to do at the scene of a car accident, but the list doesn’t focus on those vital moments just after the accident occurred. The first10 minutes, truth be told, are important to your safety as well as to the life of your car accident case.

The First 10 MinutesOne of the best ways to stay calm following an accident is to know ahead of time what you

What To Do During The First 10Minutes Following A Car Accident

should and should not do. Read over thefollowing points to learn how to behave during the first 10 minutes following your accident.1. Do a Wellness Check. First and foremost, make sure everyone in your car is all right. Ask your passengers if they are OK.2. Call for Help. After assessing the health of your passengers, take out your phone and dial 9-1-1 if anyone is injured. Even if there are no serious injuries, it is best to call the police as soon as you can. And do not leave the scene until the police arrive. Note: In Philadelphia, it may be very difficult to get police to an accident scene.3. Get to Safety. If you and your passengers are

not seriously injured– and your car is a drivable condition – move the vehicle and all people to the side of the road, out of traffic.4. Hazards. Turn your hazard lights on as a warning to passing drivers.5. Check on the Other Driver(s) and Passenger(s). Make sure the other driver and any passengers are OK. In this situation it is best to stay polite – don’t accuse anyone of blame but also don’t admit fault yourself.6. Snap Some Photos. If you have a camera (or a camera on your cell phone), take it out and take some photos of the crash site. Photograph your car’s damage from multiple angles. Try to get as much of the crash site as you can into one photo (this includes all cars and any objects involved in the crash).7. Trade Information. You should give and receive the following information with any other drivers involved in the crash:

• Name• Address• Phone number• License plate number• Driver’s license number• Insurance company details

8. Speak to Witnesses. If any witnesses are willing to get involved, take down their names, phone numbers, and addresses. It is good to have a third party account of a car accident in Pennsylvania.

Page 3: Stuart A. Carpey, Esquire CARPEY LAW THE …...what to do at the scene of a car accident, but the list doesn’t focus on those vital moments just after the accident occurred. The

JULY 2015

Without You, We’dBe Lost At Sea!

Your referrals continue to be one of the best ways for clients to find our firm. We are honored to assist your

friends and family with their legal problemscaused by an accident.

After months of researching, designing, and brainstorming, Carpey Law is proud to announce the unveiling of the new website, which can be found at www.carpeylaw.com. The new website is designed to allow consumers to more easily navigate the site and find the information they are looking for faster.

Carefully selected categories give consumers direct and fast access to thousands of videos, blog post, articles and books by Attorney Stuart Carpey. On every page, consumers and clients are offered theopportunity to “click here to request FREE information”.

A client once called Carpey Law “The Information Resource forAccident Victims in Pennsylvania.” We kept that in mind whendesigning the new website. We hope you find all of the information available through the website to be useful for you, your family and your friends and if you need to speak with us personally about an accident or injury case, feel free to give us a call at (610)834-6030!

Check It Out! Carpey Law HasA New Website!

TRIVIA GAMEStuart’sQuestion: What if I’m in an accident and the other driver doesn’t have insurance?Answer: First, don’t be shocked if this happens to you. The reality is that many people do drive without insurance or have let their auto insurancepolicies lapse. If you have an accident with an uninsured driver, you may be able to collect compensation from your own insurance policy through your uninsured motorist (UM) coverage. Underinsured motorist coverage (UIM) can also come into play if the other driver only has minimal coverage. Most people do not carry nearly enough UM/UIM coverage, though, to protect them in the event of a serious accident. If you have questions about what UM/UIM coverage levels you should carry, please call our office and we’ll be glad to help.

Page 4: Stuart A. Carpey, Esquire CARPEY LAW THE …...what to do at the scene of a car accident, but the list doesn’t focus on those vital moments just after the accident occurred. The

Call me with any legal questions about injuries from any accident ormedical care.

I promise to give you a straightforward answer.

That’s my guarantee. 610.834.6030

CARPEY CHRONICLETHE

100 West Elm Street, Suite 310Conshohocken, PA 19428www.carpeylaw.com

This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The in-formation in this newsletter may be freely copied and distrib-uted as long as the newsletter is copied in its entirety.

n What Is A Confidentiality Agreementn Laura Carpey’s Recipe of the Monthn What To Do The First 10 Minutes Following An Accidentn Our Firm’s Communication Policyn Check Out Our New Web Site!n Stuart’s Trivia Game

AVVO is an attorney rating system and Stuart A. Carpeyis rated 10.0 - the highest

rating AVVO offers.

VISIT OUR WEBSITEcarpeylaw.com

Top 100 National Trial LawyersTop 100 National Trial Lawyers an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile.

Million Dollar Advocates ForumThe Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million dollar and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members.

AVVO Rating of 10.0-SuperbAVVO collects background information about attorneys from multiple sources, including state bar associations, court records, lawyer websites, and information lawyers provide for use in an unbiased, mathematical model to rate attorneys on a scale from 1.0 to 10.0. This equation considers a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition when determining a rating. Stuart has received and maintained the highest rating of 10.0 (Superb) since AVVO has been rating attorneys in Pennsylvania.

Carpey Law Is ProudTo Be RecognizedStuart Carpey is proud to have been recognized by lawyers who know him (through peer nomi-nations) and the following organizations based on a thorough multi-phase process involving research conducted by these particular rating organizations.

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