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Personal Injury Cases: Everything You Need to Know About Your PI Case

Unfortunately, accidents occur all the time, and often result in injury. Because of an accident, you might have to deal with large medical bills, lost wages from time off work, and other expenses. When your accident was caused by another party, you may be entitled to recourse and compensation through the law. That’s why personal … Read more

What Are the Benefits of Hiring a Personal Injury Lawyer?

Depending on its severity, an event like a car accident or slip and fall can have a significant impact on your life. If you’ve never experienced something like this before, it can be difficult to know how to proceed.  In cases where you have been injured as a result of someone else’s negligence, the answer … Read more

What is the Process for Dealing with a Hit and Run Case?

Wrecked car along the side of the road following a hit and run.

Did you know that Pennsylvania stiffened penalties for hit and run drivers in September of 2012? For victims and their loved ones that may be seeking justice, this is great news. Of course, locating the guilty party in a hit and run traffic collision is not always an easy feat.

Additionally, just because a hit and run driver is facing criminal charges—as we’ve talked about in the past related to drunk drivers injuring innocent victims—it does not mean you will automatically receive compensation for your lost wages, out-of-pocket medical expenses, or pain and suffering. You will need to consult with a skilled personal injury attorney to determine your options for pursuing civil action against the hit and run driver.

The to-do actions in today’s post represent the typical process for hit and run cases. However, you should know that these do not represent a step-by-step ordered list. Every car accident case is unique, and if you have been injured in a traffic collision, getting medical treatment as soon as possible is your top priority. Seeking assistance from authorities like law enforcement, insurance companies, and personal injury lawyers is also key to your recovery from a hit and run car accident.

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What You Should Know About Premises Liability in Personal Injury Cases

Personal injury claim forms with a stethoscope

Our recent blog post answering the most frequently asked questions about slip and fall cases introduced the legal concept of premises liability. It’s true that if you have experienced a slip and fall injury, premises liability will likely come into play in your personal injury case. 

But, what other types of incidents beyond slip and fall injuries could potentially constitute a premises liability claim? And, who can be held responsible for a victim’s personal injury or wrongful death in those premises liability claims?

Today’s post addresses these questions and demonstrates again the crucial point of ensuring that you contact an experienced personal injury attorney for guidance when you have been injured on someone else’s property.

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Answers to 6 Common Slip and Fall FAQs

man after falling on steps

A little while ago, we shared a blog post covering the basics of what most people should know about personal injury law. In that article, we introduced so-called “slip and fall” cases, which are more officially known in the legal world as premises liability cases.

It’s true that slip and fall cases don’t necessarily involve anyone actually slipping and falling, which is why personal injury lawyers prefer the technical name. However, no matter the term you prefer, if you have been injured by a dangerous property condition—trip hazards, a slippery substance on a floor, malfunctioning elevators and escalators, even inadequate lighting or security that leads to a criminal attack—you may be able to recover compensation from the property owner or another responsible party.

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What is Wrongful Death, And How Do I File a Case?

Wrongful death concept image with stethoscope and law book

Unlike most legal language, the term “wrongful death” is a relatively uncomplicated description for situations in which a person or people have died due to someone else’s negligence or wrongdoing. However, determining whether you have a wrongful death case can be complicated, requiring assistance from an experienced personal injury attorney.

When you have lost a loved one due to wrongful death, you need to consider bringing a personal injury civil action against the person or company responsible. This is your right under personal injury or “tort” law, which allows you to seek compensation for your immense loss unrelated to any criminal charges that might have been filed against the wrongdoer.

Of course, there are a few more things to know about how wrongful death lawsuits work. That’s where today’s post comes in. We’re answering a few big questions our prospective clients often have in the aftermath of a tragic loss of a loved one while they try to determine what’s next.

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Nursing Home Neglect: What Are Victims’ and Loved Ones’ Options?

Senior in wheelchair sitting by window

It’s a sad truth—nursing home neglect is far more common than the headlines about the worst abuse cases and tragedies would have us believe. The National Council on Aging estimates that 1 in 10 Americans who are age 60 and over have experienced some form of abuse, such as negligent nursing care, but only 1 in every 14 cases ever gets reported.

And there are many seemingly small infractions that you may not have even considered—a missed meal here or there, minor falls, a medication mistake once in a while—which can constitute nursing home negligence. These little problems and other under-the-radar abuses tend to build up and should not be ignored by loved ones of individuals living in nursing homes, assisted living/personal care facilities, and larger retirement communities.

Today’s post takes a closer look at what friends and family of nursing home residents—as well as residents themselves—should be concerned about within long-term care environments.

We’ll touch on a few things to be paying attention for that could signal neglect and abuse of a care facility resident. Additionally, we’ll tell you what to do to in response. Even if you’re not entirely sure whether something is wrong, it is wise to be overly cautious and ensure that your or your loved one’s nursing facility is following the law. One of your best resources for doing so are highly experienced personal injury attorneys.

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What You Need to Know About Personal Injury Law

Personal Injury Law & Gavel

What is personal injury law?

Every member of our community has a duty to exercise reasonable care to prevent harming others.  When we fail to exercise reasonable care (e.g. choosing to send text messages while driving) and as a result, another person is injured, the person who failed to exercise reasonable care is responsible for the harm caused.  Personal injury or “tort” law exists to enable those who have been hurt to seek compensation for their financial losses and pain and suffering from the persons or companies responsible for the injuries.

The object of Pennsylvania’s tort law is to modify behavior by imposing the financial risk on the party in the best position to prevent the harm. Personal injury / tort claims are part of the civil justice system, which basically means that personal injury cases are separate from any related criminal cases, and only deal with harms and losses or injuries to person or property.

Seeking compensation through personal injury law means more than just filing a lawsuit. The legal rules and the knowledge of attorneys experienced with injury law also shape the investigation of the claims and the process of settlement negotiations.

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5 Things That a Personal Injury Attorney Does for You

When you’re injured as a result of someone else’s negligence, it puts a tremendous strain on your livelihood. The burden of medical bills and insurance claims can make your physical pain and suffering even worse.

If you have been injured, it is recommended that you consult the services of a personal injury attorney. This legal professional represents your best interests and fights for the compensation you deserve. Here are five ways a personal injury attorney helps you.

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Sovereign Immunity: The King Can Do Wrong

gavel on a book

The principal of sovereign immunity, which prohibits the suing of the state or political subdivisions (boroughs, cities, school districts, etc.), has been around for a long time and grew out of the old English theory of “the King can do no wrong.” That got tossed out by the Pennsylvania Supreme Court in 1978 and after a couple of years of proving that the King could do a lot of wrong, the Legislature passed two laws. One gave immunity back to the state with certain exceptions and the other gave immunity back to political subdivisions, also with certain exceptions. These exceptions allow the injured to sue the state or city.

In the last 20 years, rulings of the Commonwealth Court (which hears all appeals concerning the state or political subdivisions) have greatly narrowed two of these exceptions. One says that you can sue the state for a dangerous condition of realty owned by PennDOT, and the other is for the operation of a motor vehicle by a political subdivision.

Both of these exceptions were restored to their proper breadth in two recent cases by the Supreme Court.

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