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Posts tagged "liability"

Can product liability play a role in car accidents?

In most car accidents there is someone to blame. Many times the person at fault in a car collision is the driver of the car that caused the accident. This is really the most common explanation following a car crash. In cases like these, the victim in the accident has legal rights to pursue a claim in damages against the at-fault party where appropriate. Other times there may be extenuating circumstances involved that led to the accident. For instance, product liability can play a role in accident scenarios.

Elderly man is injured in weather-related accident in PA

Car accidents can occur for a plethora of reasons. Whether it be because of inclement weather or for other reasons, car crashes are not pleasant to be in no matter what. Car collisions can lead to serious injuries if the accident is severe. However, not all accidents result in physical injury to those involved. Less severe accidents may cause only property damage. Insurance companies usually handle these types of accidents, and often, court involvement is not necessary. When accidents result in serious injuries, there are other steps that may have to be taken to receive compensation for the accident.

How is fault determined in car accidents?

For most of us, driving is a necessary part of life. We need to drive to get to work, to pick up our kids after school, to go on family vacations and get to other important destinations such as work or the store.. As such, driving is a necessary evil, meaning that there are inherent risks with driving. Driving, as we all learned in driver's education classes, is a privileged activity that can be dangerous and even deadly in some cases. Drivers in Pennsylvania understand that the likelihood that an individual will be involved in a car accident during your driving lifetime is a very real possibility. There are various degrees of accidents that range from the serious in nature to the not so serious, such as a fender bender. Most times it is easier to find fault in the more serious car crashes, especially when it was clearly caused by a negligent driver.

Suspected drunk driver causes crash on Schuylkill Expressway

Drunk drivers continue to pose one of the biggest dangers to other motorists on Pennsylvania's roadways. Their negligence, recklessness and inability to maintain control of their vehicles often result in serious car crashes that cause other drivers and their passengers to suffer both physical injury and property damage. Unfortunately, police officers and state troopers are not immune to the risk posed by drunk drivers.

Police car and another vehicle have an accident in Pennsylvania

When a car accident results in no immediate injuries to any of the participants in the accident and only physical damage to the vehicles involved, then often it becomes a battle with the insurance companies. This battle can rage on and on but at the end of it all, the battle will be decided monetarily. Car crashes become a whole different matter when serious injuries or death results because a number of other issues come into play. Court involvement is quite likely in car accidents of this nature.

Female jogger struck and killed in Pennsylvania

Usually when speaking about a car crash, there are two or more cars involved in the accident. Depending on the nature and circumstances surrounding the accident, the number of people injured can vary based on the number of people in the vehicles at the time of the accident. A car accident can also involve only one vehicle and a pedestrian. Unfortunately, this type of accident is also highly common. Most times in crashes where there is a car versus a pedestrian, the pedestrian loses.

Car crash involving a police car causes extensive damage

In most car accident cases in which a claim is filed for damages of any sort, the courts tend to rely on the police investigation of the accident and who was assigned fault in the accident. In almost all car accidents, there is at least one participant who was the primary cause of the accident. Once the investigation is completed, the party who is not at fault can file a claim in court and sue for damages, which may include, but are not limited to, medical expenses resulting from personal injury. Lawsuits involving car accidents are generally to seek compensation for injury and/or property damage that the victim or victims have sustained.

Drunk driver kills a man in Pittsburgh

One of the most horrific types of accidents to be involved in is one that is caused by a drunk driver. These accidents are oftentimes so devastating to those involved because they can be life-changing in that they often cause insurmountable damage. Serious injury and sometimes death is the result of drunk driving accidents. The victims and the families of victims who are unfortunate enough to be impacted by a drunk driver are many times left wondering why the accident occurred and why someone would drive drunk in the first place.

I-81 alleged drunk driver accident seriously injures two men

Victims of drunk drivers are protected by the legal system. These victims may have a right to recovery when injured.

Pennsylvania driver killed in head-on collision

Driving is a one of the most dangerous things that people do day in and day out. The responsibilities that go along with driving are quite serious. All drivers have a legal duty not only to pay attention to what they are doing, but also to pay attention to what all the other drivers on the road are doing. A breach of this duty to pay attention can give rise to a claim for negligence.

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Recent Results

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.
  • $185,000 American Arbitration Association verdict for a Hazleton sitework contractor against a Montgomery County real estate developer.
  • $65,000 Schuylkill County verdict for a Luzerne County contractor against a Schuylkill County businessman, which included interest, costs and attorney's fees under the Prompt Pay Act.
  • Millions of dollars in settlements of numerous other construction claims throughout eastern Pennsylvania against private owners, school districts, municipalities and other governmental bodies.

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Criminal Defense

  • Acquittal on all felony charges against the target defendant in the internationally covered Shenandoah Hate Crime case.
  • Acquittal of a local police officer charged with multiple felonies arising out of a traffic stop involving illegal ATV riders.
  • Acquittal of a local contractor charged with rape. This case was one of the first challenges to DNA evidence in Schuylkill County.
  • Acquittal of a man charged with DUI by a State Trooper who boasted the highest DUI arrest and conviction rate in Schuylkill County.
  • Acquittal of a prominent local businessman charged with duct taping his ex-girlfriend following a domestic dispute.
  • Acquittal of a local tax collector charged with embezzling thousands of dollars in tax revenues from a local municipality.
  • Successful plea bargain which involved dismissal of first degree murder charges for a Shenandoah woman charged with killing her husband with a knife during a domestic dispute.
  • Acquittal of a Schuylkill County woman charged with homicide by vehicle while DUI. The client was initially found guilty when represented by a prior lawyer. She then came to our Firm, and we proceeded to get her a new trial on appeal and successfully defend her in the second trial.
  • Not Guilty by reason of insanity verdict for a Schuylkill County man charged with multiple assault-related crimes after holding police at bay with a loaded shotgun. This case was the first successful Insanity Defense cases in Schuylkill County.

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Medical Malpractice

  • $2.8 million Schuylkill County jury verdict for a woman's whose breast cancer was misdiagnosed. This remains the largest jury verdict in a Schuylkill County malpractice case in recent history.
  • $1.3 million mid-trial settlement in a Schuylkill County malpractice case involving the death of a woman who developed an undiagnosed infection following a burn injury.
  • $1.2 million settlement in a malpractice case involving a young woman who received improper radiation treatment for cervical cancer.
  • $1 million mid-trial settlement for a Schuylkill County woman who received permanent eye damage following a botched endoscopic procedure.
  • $975,000 settlement for an 18 month old infant whose infection was misdiagnosed for chickenpox and went untreated.
  • $950,000 Lehigh County malpractice settlement for a Schuylkill County man permanently injured by a botched arterial embolism procedure.
  • $750,000 pre-trial settlement against a doctor and hospital involving the death of a husband and father caused by a misdiagnosed stroke.
  • $700,000 Dauphin County malpractice settlement for a woman whose RSD was misdiagnosed.
  • $450,000 settlement against an Obstetrician who caused permanent facial nerve damage to a baby boy while using forceps during delivery.

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Personal Injury

  • $2.5 million settlement for a woman killed in a Lebanon County car crash.
  • $1.6 million New Jersey settlement for a New Jersey woman permanently injured by a speeding tractor trailer.
  • $950,000 mid-trial settlement for a Schuylkill County man who suffered a severe leg fracture after a crash on Route 901.
  • $750,000 settlement for a Schuylkill County man injured in a motorcycle crash.
  • $690,000 Schuylkill County jury verdict for a motorcyclist who lost a leg after a driver ran a red light and pulled out in front of him.
  • $650,000 New Jersey state court settlement against national garment manufacturers and retailers after an infant suffered third degree burns over most of his body because his pajamas did not meet minimum federal requirements for flame resistance.
  • $500,000 verdict for a Schuylkill County pedestrian who suffered back injury in crash
  • $500,000 jury verdict in Schuylkill County for a man who suffered severe orthopedic injuries in a car crash on Route 895.
  • $375,000 jury verdict in Schuylkill County involving a man who suffered a shattered ankle when a truck pulled out in front of him.

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Workplace Incidents

  • $17 million mid-trial settlement in Philadelphia County for two workers killed in an industrial explosion.
  • $4.5 million Allegheny County settlement for a steelworker who lost his legs in an industrial accident caused by international manufacturers.
  • $3 million settlement for a Schuylkill County man who was permanently injured by a defective piece of heavy construction equipment.
  • $3 million Philadelphia County settlement for a father and son killed in a construction site trench collapse.
  • $550,000.00 settlement for an Allegheny County man who fell through a hatch on a roof.
  • $550,000.00 settlement for a Berks County man who was burned when a cap blew off a pipe.

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Wrongful Death

  • $2.3 million Philadelphia County verdict for the parents of a son who was fatally assaulted leaving a bar by patrons who continued to be served alcohol after they were visibly intoxicated.
  • $1.75 million settlement for a father who died in a carbon monoxide poisoning incident caused by a defective furnace in a rental property.
  • $500,000 settlement for a Schuylkill County man who died of mesothelioma.

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