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Pottsville PA Personal Injury Law Blog

Legal resources help victims of nursing home harm

Nursing homes employ trusted caretakers to care for residents entrusted to the nursing home by their family members. Nursing homes employ nurses, licensed practical nurses, certified nursing assistants and nurses' aides to provide care for patients. When a loved one has been harmed in a nursing home, it can be devastating. Nursing home negligence and nursing home errors can result in serious and fatal injuries that may be considered wrongful death.

Wrongful death claims are a legal resource available to loved ones and surviving family members of victims wrongfully killed such as from nursing home negligence, neglect or abuse. A wrongful death claim for damages can help surviving family members with the physical, financial and emotional harm caused by the wrongful death of their loved one. Wrongful death claims are brought on behalf of surviving family members and can help them with damages such a funeral expenses, loss of support and services, loss of companionship and pain and suffering damages.

Victims of distracted drivers are protected in Pennsylvania

Distracted driving is a serious concern on roadways throughout the country, including in Pennsylvania. Distracted driving is considered any behavior that removes the driver's focus from the roadway, eyes from the roadway or hands from the wheel. Pennsylvania has a texting while driving ban which is considered a primary offense. A primary offense is something a police office can pull the driver over for without the need for the driver to be speeding, for example, or engaging in some other type of illegal activity.

According to Pennsylvania's ban, drivers are prohibited from using an Interactive Wireless Communication Device (IWCD) to write, send or read texts while the vehicle is in motion. The fine for violating the ban is $50 and a violation of the ban may be used as evidence of distracted driving if the driver who receives a citation is involved in a car accident. Distracted-driving related car accidents can cause serious harm and damages to victims.

Certain driving behaviors face police crackdown throughout state

Various types of driving behaviors may lead to car accidents and may be considered negligent driving. Police throughout Pennsylvania are cracking down on aggressive driving behaviors in an attempt to reduce car accidents, injuries from car accidents and fatal car accidents. Police are targeting driving behaviors such as failing to stop at stop lights, failing to stop at stop signs, tailgating and speeding. Last year, 45,000 citations for aggressive driving were issued. Citations for failing to stop at a red light or stop sign accounted for 2,800 of them.

In one area, authorities report that speeding and distracted driving are the two biggest problems they see. The police chief in one Pennsylvania town reports that the aggressive driving initiative, lasting throughout the month, has been around for several years and reports a reduction in car accidents. In circumstances when a negligent driver has harmed a car accident victim, a legal citation or criminal charge may be used as evidence that the driver was negligent in a civil claim for damages brought by the victim or, depending on the circumstances, the victim's family.

Family receives $12.5 million medical malpractice settlement

Medical malpractice can have a lifelong impact on victims and their families. A recent settlement will result in a young girl who suffered brain and heart damage as a result of medical malpractice, and her parents, receiving a settlement of a minimum of $12.5 million. The settlement between the victims and a medical center and several doctors in a nearby Pennsylvania community north of the Pottsville area was recently approved by the court. The parents of the 9-year old girl asserted that a bad surgery days following the child's birth left her with lasting brain and heart injuries.

The total settlement according to the agreement is $11 million some of which will be used to purchase annuities which places the total value of the settlement at $12.5 million or greater. Some of the settlement money will be paid as cash payments and a trust will also be set up. Total payments during the girl's lifetime could push the settlement value to $16.9 million. Oftentimes, victims of medical malpractice face significant medical expenses and may also face the need for costly and ongoing care.

What do I do if I am hit by an uninsured motorist?

Unexpectedly being involved in a car accident caused by another driver is an unpleasant experience for any motorist. When the victim has suffered injuries and other harm, it can be even more troubling to discover that the negligent driver does not have car insurance. Fortunately, there are options for car accidents victims harmed by an uninsured motorist or underinsured motorist in a car accident.

When a car accident victim has suffered damages as a result of a car accident, the personal injury legal process allows them to bring a claim for damages against a negligent driver that caused the car accident that resulted in the injuries and harm the victim suffered. Typically, insurance companies are involved in the process of compensating victims for the damages they have suffered.

More than 1,000 bicycle accidents on state's roads in 2016

Bicycling is increasingly popular as a sport, a hobby and a method of personal transportation. Cycling provides good exercise and a great way to enjoy the outdoors. Unfortunately, as every cyclist knows, the activity comes with serious risks. Bicyclists must share the road with cars and trucks, and when drivers are careless around cyclists, the result can be a catastrophic accident.

According to statistics from the Pennsylvania Department of Transportation, there were 1,304 traffic accidents involving bicycles reported in the state in 2016. This marked an increase over the number in 2015, but the numbers of bicycle accidents and fatalities have been relatively consistent over the past five years, even as fatalities in other types of motor vehicle accidents have been on a long-term decline nationwide.

Protections for victims of a failure to diagnose are available

Medical malpractice is serious for victims and their families. Medical mistakes can result in serious injuries, permanent harm and even death. Because a timely and accurate diagnosis is critical to successfully treating a medical condition, a failure to diagnose can result in a worsened condition. Medical mistakes can cause preventable harm and suffering for victims and their families.

A failure to diagnose, delayed diagnosis or misdiagnosis can all have devastating consequences for victims who have entrusted their medical care to trained professionals. Medical malpractice legal claims can help hold doctors, hospitals and other medical staff accountable when medical negligence has resulted in harm to the patient. A claim for damages can help recover compensation for harm associated with medical expenses, lost wages and the pain and suffering victims may experience, as well as wrongful death damages for surviving family members of victims of medical malpractice.

What can you do if you suffer a brain injury in a car accident?

Celebrating Independence Day typically means an increase in the number of car accidents on the roads in Pennsylvania and elsewhere throughout the country, including many drunk driving accidents.

One of the more common injuries during a motor vehicle accident is a head injury. The brain is the most important part of the human body. Although the brain is protected by a very strong and durable shell, the skull, it is still vulnerable to injury or damage when an impact is made between the head and another object.

Studying the statistics of car accidents

We all know that cars can be dangerous. But many people, including those living in and near Pottsville, Pennsylvania, may not fully appreciate or understand just how often accidents occur, or how many accidents affect those of us living in the United States.

The Insurance Institute for Highway Safety's website offers multiple statistics regarding car accidents and their inherent dangers. While most car accidents are relatively minor and might lead to some damage to motor vehicles, serious accidents also occur, claiming the lives of tens of thousands of Americans each year.

Protecting children from car accidents

There is nothing more cherished to a parent than the health, safety, well-being and happiness of a child. Yet, according to statistics from The Journal of Pediatrics, children often fall victim to deadly motor vehicle accidents due to the negligence of a parent. A deeper look at the study shows some alarming trends.

According to the study, 95 percent of parents improperly install car seats in their car for newborns. And 75 percent have the car seats facing the wrong way. Among fatal accidents between 2010 and 2014, approximately 20 percent had children with no restraints or improper restraints. Almost 16 percent of children from those crashes were killed. And 43 percent of those killed were improperly restrained or were unrestrained. The American Academy of Pediatrics recommends that children under the age of 2 stay in rear-facing backseat car seats. Throughout the United States, car accidents are the leading cause of injury among children.

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Contractor Subcontractor Cases

  • $1 million Board of Claims verdict for a New York pipeline contractor against the DEP for a mine reclamation project outside Tamaqua.
  • $1 million recovery for a local general contractor against Blue Mountain School District involving the construction of a new elementary school.
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