PHILADELPHIA, PA – Neil Murray, a partner at Sheridan & Murray, and respected Philadelphia injury lawyer, announced on May 5, 2010 that after an eight day trial, a jury awarded $1,533,000 to his client, Sonia O’Connor, in a medical malpractice lawsuit brought against two Philadelphia physicians. The jury of seven women and five men deliberated for four hours before reaching its verdict. Presiding over the trial was Judge Victor DiNubile in the Philadelphia Court of Common Pleas.
The case against the two Philadelphia doctors involved the medical care O’Connor received from one physician during her admission to a Philadelphia hospital and subsequent medical care received from a second physician during her admission to a Philadelphia nursing home. The claims of negligence against the hospital's doctor were: failure to recognize the significant change in the O’Connor’s condition consistent with spinal cord compromise; failure to properly examine O’Connor; failure to have her evaluated by a specialist; failure to order indicated diagnostic studies; and failure to implement an appropriate discharge treatment plan. The claims of negligence against the nursing home’s doctor were: failure to recognize the significant change in O’Connor’s condition consistent with a spinal cord injury; failure to recognize significant neurologic symptoms; failure to properly evaluate and monitor O’Connor; failure to have O’Connor evaluated by a neurologist/neurosurgeon; and failure to transfer her for immediate surgical care.
On October 29, 2005, Sonia O’Connor, then 68 years old, was suffering with severe back pain and was admitted to a Philadelphia hospital under the care of one of the doctors named in the lawsuit. During this admission, on November 10, 2005, she was diagnosed with a destructive infection and abscess in her thoracic spine, thoracic osteomyelitis. O’Connor’s thoracic spine osteomyelitis required close monitoring, repeat diagnostic studies and an evaluation by a neurologist or neurosurgeon. This was not done by hospital’s doctor. During the week between her diagnosis of spinal osteomyelitis and her discharge from the hospital, the patient’s ability to walk deteriorated significantly. On the date of discharge, the hospital’s doctor sent the patient to a nursing home with nothing more than a prescription for antibiotics and physical therapy. Once at the Philadelphia nursing home, O’Connor came under the care of another doctor who was named in the lawsuit. While at the nursing home, the patient’s condition continued to worsen. She experienced progressive leg weakness, difficulty moving her legs, and eventually an inability to walk. Despite this serious decline in her condition, O’Connor was never evaluated by a spine specialist or neurosurgeon, or admitted to a facility with surgical availability to treat her spinal cord injury. On December 1, 2005, O’Connor suffered total paralysis of her legs.
On December 2, 2005, O’Connor was transferred from the nursing home to a hospital and diagnosed with spinal cord compression caused by a collapse of her T-3 vertebrae She required an emergency surgery to remove the bone fragment from her spinal cord and subsequent surgery 11 days later to stabilize her spine. The collapse of her thoracic spine onto her spinal cord was due to the destruction of her spine caused by the osteomyelitis. Due to her spinal cord injury, O’Connor now has partial paralysis in her legs, very limited use of her legs, and is essentially wheelchair-bound.
Murray utilized the testimony of medical experts at trial on his client’s behalf and successfully cross-examined multiple defense medical experts to assist the jury in concluding that Sonia O’Connor’s spinal injury was preventable and the two doctors deviated from acceptable standards of care, increased the risk of harm to O’Connor, and contributed to her eventual paralysis.
After the $1.5 million medical malpractice verdict was returned, Murray said, “If Mrs. O’Connor received the proper medical attention during her initial visit to the hospital and subsequent care while in the nursing home, she would have full use of her legs today. Instead, she has partial paralysis, limited use of her legs, and will require ongoing medical care for her condition.”
In addition to the $1.5 million verdict against the two Philadelphia doctors, Sheridan & Murray also obtained settlements on behalf of their client from a Philadelphia hospital and Philadelphia nursing home for undisclosed amounts.
Source
Monday, June 28, 2010
Tuesday, June 15, 2010
Personal Injury Attorneys John Dodig and Jason Daria Present at Philadelphia Trial Lawyers Association
Attorneys John M. Dodig and Jason A. Daria, of the Philadelphia personal injury law firm Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, presented on How to Successfully Try a Dangerous Roadway Case to the Philadelphia Trial Lawyers Association (PTLA) in April 2010. During the program, Dodig and Daria spoke to fellow attorneys about how to try an auto accident case that involves the negligent design, plan or maintenance of a road, street, highway, intersection, shoulder, draining ditch, culvert or signage.
With more than 22 years of legal experience, Dodig represents plaintiffs who have been injured in construction, workplace and auto accidents as a result of defective products, medical malpractice and in slip and fall cases. He has successfully obtained multiple seven and eight-figure verdicts and settlements on behalf of his clients. In 2008, Dodig and Daria won a $31 million compensatory damage verdict in a Camden, N.J., dangerous roadway case, Anderson v. County of Camden, which was recognized as the highest verdict in the State of New Jersey and one of the top 100 verdicts in the U.S. that year. In October 2009, Dodig and Daria received a $6 million compensatory damage verdict in Hunterdon County, N.J., the largest verdict ever recorded in the courthouse.
In the landmark decision of Jones v. City of Philadelphia, Dodig successfully argued before the Supreme Court of Pennsylvania that municipalities should be held responsible when police are negligent during a high speed police chase. Since then, he has successfully handled and been consulted in numerous cases of high speed police chases across the country which had resulted in serious injuries and death. Dodig has also been quoted by the Philadelphia Daily News, The Philadelphia Inquirer, Philadelphia Magazine, The Legal Intelligencer, Pennsylvania Law Weekly, New Jersey Law Journal and other news outlets sharing opinion and analysis in this area of the law.
Dodig served as President of the Philadelphia Trial Lawyers Association in 2006 and 2007 and on the Board of Governors of the Pennsylvania Trial Lawyers Association. He is a frequent lecturer in courses designed to teach practicing lawyers trial advocacy skills. Dodig received his Bachelor of Science from Fairleigh Dickinson University and his law degree from Nova University. He also received a Masters of Law in Trial Advocacy from Temple University. Dodig has been listed by Philadelphia Magazine as a Pennsylvania Super LawyerTM for five consecutive years, and selected as one of the Top 100 Super Lawyers in Philadelphia and Pennsylvania.
An accomplished trial lawyer in complex civil litigation matters, Daria handles cases that involve complex personal injury litigation, medical malpractice, premises liability, product liability, motor vehicle and trucking accidents, highway design accidents, boating and drowning accidents, dam safety and hunting accidents.
Daria earned his bachelor's degree from the University of Scranton and his law degree from Temple University School of Law. During law school, Daria served as a law clerk for the Honorable Gary S. Glazer of the Philadelphia County Court of Common Pleas. He is also an alumnus of the National Institute of Trial Advocacy and the Academy of Advocacy of Temple University.
Daria has been regularly appointed and serves as an arbitrator in the compulsory arbitration program of the Philadelphia County Court of Common Pleas. He serves as a volunteer attorney for the Legal Clinic for the Disabled (at Magee Rehabilitation Hospital) as well as the Support Center for Child Advocates. Daria has lectured to other attorneys on Orphans' Court procedures in the Philadelphia County Court of Common Pleas and has taught at Villanova University School of Law. He has also served as a volunteer with the Juvenile Justice Center of Philadelphia and the Police Athletic League in Philadelphia. Daria was honored in 2005, 2006, 2007 and 2008 as a Pennsylvania Super Lawyer Rising Star.
Source
With more than 22 years of legal experience, Dodig represents plaintiffs who have been injured in construction, workplace and auto accidents as a result of defective products, medical malpractice and in slip and fall cases. He has successfully obtained multiple seven and eight-figure verdicts and settlements on behalf of his clients. In 2008, Dodig and Daria won a $31 million compensatory damage verdict in a Camden, N.J., dangerous roadway case, Anderson v. County of Camden, which was recognized as the highest verdict in the State of New Jersey and one of the top 100 verdicts in the U.S. that year. In October 2009, Dodig and Daria received a $6 million compensatory damage verdict in Hunterdon County, N.J., the largest verdict ever recorded in the courthouse.
In the landmark decision of Jones v. City of Philadelphia, Dodig successfully argued before the Supreme Court of Pennsylvania that municipalities should be held responsible when police are negligent during a high speed police chase. Since then, he has successfully handled and been consulted in numerous cases of high speed police chases across the country which had resulted in serious injuries and death. Dodig has also been quoted by the Philadelphia Daily News, The Philadelphia Inquirer, Philadelphia Magazine, The Legal Intelligencer, Pennsylvania Law Weekly, New Jersey Law Journal and other news outlets sharing opinion and analysis in this area of the law.
Dodig served as President of the Philadelphia Trial Lawyers Association in 2006 and 2007 and on the Board of Governors of the Pennsylvania Trial Lawyers Association. He is a frequent lecturer in courses designed to teach practicing lawyers trial advocacy skills. Dodig received his Bachelor of Science from Fairleigh Dickinson University and his law degree from Nova University. He also received a Masters of Law in Trial Advocacy from Temple University. Dodig has been listed by Philadelphia Magazine as a Pennsylvania Super LawyerTM for five consecutive years, and selected as one of the Top 100 Super Lawyers in Philadelphia and Pennsylvania.
An accomplished trial lawyer in complex civil litigation matters, Daria handles cases that involve complex personal injury litigation, medical malpractice, premises liability, product liability, motor vehicle and trucking accidents, highway design accidents, boating and drowning accidents, dam safety and hunting accidents.
Daria earned his bachelor's degree from the University of Scranton and his law degree from Temple University School of Law. During law school, Daria served as a law clerk for the Honorable Gary S. Glazer of the Philadelphia County Court of Common Pleas. He is also an alumnus of the National Institute of Trial Advocacy and the Academy of Advocacy of Temple University.
Daria has been regularly appointed and serves as an arbitrator in the compulsory arbitration program of the Philadelphia County Court of Common Pleas. He serves as a volunteer attorney for the Legal Clinic for the Disabled (at Magee Rehabilitation Hospital) as well as the Support Center for Child Advocates. Daria has lectured to other attorneys on Orphans' Court procedures in the Philadelphia County Court of Common Pleas and has taught at Villanova University School of Law. He has also served as a volunteer with the Juvenile Justice Center of Philadelphia and the Police Athletic League in Philadelphia. Daria was honored in 2005, 2006, 2007 and 2008 as a Pennsylvania Super Lawyer Rising Star.
Source
Sunday, February 28, 2010
Complaint Says Phila. District 'Indifferent' to Harassment of Asians
An advocacy group for Asian-Americans has filed a complaint with the U.S. Department of Justice charging that the Philadelphia school district and South Philadelphia High School have shown “intentional disregard” for the welfare of Asian students at the high school.
The complaint, filed on Jan. 19 with the civil rights division of the Justice Department, alleges that Asian students’ civil rights under the U.S. Constitution were violated because “they suffered severe and pervasive peer-on-peer harassment based on their race and national origin” at the school, and both school and district officials showed “deliberate indifference” to the situation.
“We’ve seen a long history of community advocates trying to get the school and district to address the problem,” said Cecilia Chen, a staff lawyer for the Philadelphia-based Asian-American Legal Defense and Education Fund
Source
The complaint, filed on Jan. 19 with the civil rights division of the Justice Department, alleges that Asian students’ civil rights under the U.S. Constitution were violated because “they suffered severe and pervasive peer-on-peer harassment based on their race and national origin” at the school, and both school and district officials showed “deliberate indifference” to the situation.
“We’ve seen a long history of community advocates trying to get the school and district to address the problem,” said Cecilia Chen, a staff lawyer for the Philadelphia-based Asian-American Legal Defense and Education Fund
Source
Monday, February 15, 2010
Beloved Port Authority officer killed by car while helping another
A Port Authority officer ran cross multiple lanes of traffic to help a fellow officer when he was struck by a motor vehicle, Saturday morning, January, 16, 2010, according to Philadelphia Daily News.
The Delaware River Port Authority (DRPA) officer Christopher Milito was on-duty when he was tragically killed while trying to help an officer in need on the eastbound side of the Walt Whitman Bridge at 1:30 a.m. Milito was known to routinely change tires for drivers who became stranded on the side of the road. He also helped to win-over people who were contemplating suicide on local bridges. Milto was a 16-year veteran of the DRPA, when the fatal and tragic accident occurred.
Fellow officers took the severely wounded Milito to be cared for by doctors and nurses. His injuries proved fatal at Cooper Hospital located in Camden. Milito was declared dead by medical officials at 2:06 a.m. Philadelphia police officials did not publicly identify the driver of the car that claimed the beloved officer’s life. He was not charged for the accident due to pending toxicology test results. Police reconstructed the accident the following night to determine how it occurred.
Following the accident, the eastbound traffic lanes of Walt Whitman were shut down. Police investigators reported that Milito was a resident of Delaware County, who lived alone. He was not married and did not have children. The department officials said that he was “He was respected by his subordinates as well as his superiors,” McClintock said. “What I’ve learned is he was loved by the members of this department. He was beyond admired,” according to news sources.
Source
The Delaware River Port Authority (DRPA) officer Christopher Milito was on-duty when he was tragically killed while trying to help an officer in need on the eastbound side of the Walt Whitman Bridge at 1:30 a.m. Milito was known to routinely change tires for drivers who became stranded on the side of the road. He also helped to win-over people who were contemplating suicide on local bridges. Milto was a 16-year veteran of the DRPA, when the fatal and tragic accident occurred.
Fellow officers took the severely wounded Milito to be cared for by doctors and nurses. His injuries proved fatal at Cooper Hospital located in Camden. Milito was declared dead by medical officials at 2:06 a.m. Philadelphia police officials did not publicly identify the driver of the car that claimed the beloved officer’s life. He was not charged for the accident due to pending toxicology test results. Police reconstructed the accident the following night to determine how it occurred.
Following the accident, the eastbound traffic lanes of Walt Whitman were shut down. Police investigators reported that Milito was a resident of Delaware County, who lived alone. He was not married and did not have children. The department officials said that he was “He was respected by his subordinates as well as his superiors,” McClintock said. “What I’ve learned is he was loved by the members of this department. He was beyond admired,” according to news sources.
Source
Wednesday, October 28, 2009
Attorney Evan Liu of Feldman Shepherd Philadelphia Personal Injury Law Firm Provides Minority College Students with Inside Look at Practice of Law
Philadelphia, PA (PRWEB) August 24, 2009 -- For the second year, Evan Y. Liu, M.D., J.D., of the Philadelphia personal injury law firm Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig provided minority college students with an inside look at the practice of law during Widener University School of Law's Jurist Academy summer program. On June 8, 2009, Liu presented a seminar on "pathways to a career in law - a glimpse from a non-traditional student," to the rising juniors, who hailed from groups that are traditionally underrepresented in U.S. law schools. The goal of the annual Jurist Academy program is to increase participation of underrepresented groups in law school by breaking down educational and informational barriers and facilitating exposure to legal career options. A former emergency physician, Dr. Liu concentrates his practice in medical malpractice and product liability."I am pleased to participate in a program that encourages minority students to consider law school and subsequent legal careers," said Dr. Liu. "Widener is to be commended for reaching out to these students, who benefit greatly from an in-depth look at our profession as well as the process of applying to and enjoying success in law school."
Dr. Liu serves as co-chair of the Community Outreach Committee of the Asian Pacific American Bar Association of Pennsylvania. He is an active member of the American Health Lawyers Association, the Pennsylvania Association for Justice (formerly the Pennsylvania Trial Lawyers Association), the Philadelphia Bar Association and the Philadelphia Trial Lawyers Association. A 2006 graduate of Widener Law, Dr. Liu regularly serves as a guest lecturer at the school, addressing topics such as the MCARE and Emergency Medical Treatment and Active Labor acts, patient safety, medical malpractice and the effects of malpractice litigation on physician behavior.
Prior to being admitted to practice law in Pennsylvania and New Jersey, Dr. Liu practiced emergency medicine in the Delaware Valley for 15 years. He was also a board certified family practitioner, the assistant director of Delaware County Memorial Hospital's emergency department and a clinical assistant professor of emergency medicine at Hahnemann University Hospital.
Source
Dr. Liu serves as co-chair of the Community Outreach Committee of the Asian Pacific American Bar Association of Pennsylvania. He is an active member of the American Health Lawyers Association, the Pennsylvania Association for Justice (formerly the Pennsylvania Trial Lawyers Association), the Philadelphia Bar Association and the Philadelphia Trial Lawyers Association. A 2006 graduate of Widener Law, Dr. Liu regularly serves as a guest lecturer at the school, addressing topics such as the MCARE and Emergency Medical Treatment and Active Labor acts, patient safety, medical malpractice and the effects of malpractice litigation on physician behavior.
Prior to being admitted to practice law in Pennsylvania and New Jersey, Dr. Liu practiced emergency medicine in the Delaware Valley for 15 years. He was also a board certified family practitioner, the assistant director of Delaware County Memorial Hospital's emergency department and a clinical assistant professor of emergency medicine at Hahnemann University Hospital.
Source
Thursday, October 15, 2009
2 missing oil workers found, 1 hurt in fire near Pittsburgh
1 worker found injured at Pitt Penn Oil Co. factory after fire started due to a spill.
Fire rescue reported East Deer Township oil company had a spill that caught fire injuring 1 worker.
East Deer Township, PA (NewYorkInjuryNews.com) — An oil spill burst into flames near a factory in Pennsylvania near Pittsburgh where emergency correspondents quickly arrived at the scene to locate two employees that were nowhere to be found, announced the Philadelphia Inquirer.
Officials reported to the scene Thursday morning when the fire began around 11:30 a.m. in the morning announced Allegheny responders. The fire was started at the oil company factory Pitt Penn Oil Co. located in East Deer Township. Investigators reported that company’s phone line at the plant was disconnected. A few of the products that Pitt Penn Oil Co. took inventory of are anti-freeze, motor vehicle oil, and many other liquids that motor vehicles require for maintenance.
The first Fire Rescue responders to the fire learned that it had started due to the oil spill. Police investigators have yet to determine the cause of the spill, which fueled the fire to grow and spread to the walls damaging the factory. Police reported that the two workers that were missing were located and that one of them was injured.
Emergency medical services (EMS) took the man, whose identity has not been released, Alle-Kiski Medical Center to be treated by doctors and nurses. The conditions of the men are not known. Investigators continue to figure out what caused the dangerous spill.
Source
Fire rescue reported East Deer Township oil company had a spill that caught fire injuring 1 worker.
East Deer Township, PA (NewYorkInjuryNews.com) — An oil spill burst into flames near a factory in Pennsylvania near Pittsburgh where emergency correspondents quickly arrived at the scene to locate two employees that were nowhere to be found, announced the Philadelphia Inquirer.
Officials reported to the scene Thursday morning when the fire began around 11:30 a.m. in the morning announced Allegheny responders. The fire was started at the oil company factory Pitt Penn Oil Co. located in East Deer Township. Investigators reported that company’s phone line at the plant was disconnected. A few of the products that Pitt Penn Oil Co. took inventory of are anti-freeze, motor vehicle oil, and many other liquids that motor vehicles require for maintenance.
The first Fire Rescue responders to the fire learned that it had started due to the oil spill. Police investigators have yet to determine the cause of the spill, which fueled the fire to grow and spread to the walls damaging the factory. Police reported that the two workers that were missing were located and that one of them was injured.
Emergency medical services (EMS) took the man, whose identity has not been released, Alle-Kiski Medical Center to be treated by doctors and nurses. The conditions of the men are not known. Investigators continue to figure out what caused the dangerous spill.
Source
Monday, September 28, 2009
Lawyer connected to 'hoax mom' sued
A Warminster man is suing attorney Debbie Carlitz, saying the lawyer, who employed so-called "hoax mom" Bonnie Sweeten, stole his $100,000 car crash settlement.
The alleged fraud happened while Sweeten was working in the office. Carlitz's attorney refused to say more, citing the ongoing FBI investigation.
According to the lawsuit, filed Monday in Bucks County court in Doylestown, Theodore Klein hired Carlitz to represent him following a December 2007 car accident. He said she negotiated a personal injury settlement with his insurance company, and that the company gave Carlitz a check for $100,000 in September 2008.
Both Klein's and Carlitz's names were on the check, according to the lawsuit. Klein said Carlitz cashed the check "purportedly signed" by him.
"Plaintiff...never saw the settlement check nor was he ever aware that a settlement check had been issued," the suit reads.
The suit says Carlitz called Klein in June 2009 and informed him about the settlement, but says he hasn't received any money.
Klein is accusing Carlitz of professional negligence and breach of contract, and is asking the courts to force Carlitz to pay him back. His attorney, Jeffrey Michels, was not available for comment on Monday afternoon.
Carlitz's lawyer, Ellen Brotman, said she had not seen the lawsuit and could not comment on it. But she insisted that Carlitz was not to blame.
"Categorically, Debbie Carlitz has never wrongfully taken a penny of her clients' money," Brotman said. "As to what happened in Mr. Klein's case, I believe the matter is being investigated by state and federal authorities, and it would be inappropriate for me to comment further."
Source
The alleged fraud happened while Sweeten was working in the office. Carlitz's attorney refused to say more, citing the ongoing FBI investigation.
According to the lawsuit, filed Monday in Bucks County court in Doylestown, Theodore Klein hired Carlitz to represent him following a December 2007 car accident. He said she negotiated a personal injury settlement with his insurance company, and that the company gave Carlitz a check for $100,000 in September 2008.
Both Klein's and Carlitz's names were on the check, according to the lawsuit. Klein said Carlitz cashed the check "purportedly signed" by him.
"Plaintiff...never saw the settlement check nor was he ever aware that a settlement check had been issued," the suit reads.
The suit says Carlitz called Klein in June 2009 and informed him about the settlement, but says he hasn't received any money.
Klein is accusing Carlitz of professional negligence and breach of contract, and is asking the courts to force Carlitz to pay him back. His attorney, Jeffrey Michels, was not available for comment on Monday afternoon.
Carlitz's lawyer, Ellen Brotman, said she had not seen the lawsuit and could not comment on it. But she insisted that Carlitz was not to blame.
"Categorically, Debbie Carlitz has never wrongfully taken a penny of her clients' money," Brotman said. "As to what happened in Mr. Klein's case, I believe the matter is being investigated by state and federal authorities, and it would be inappropriate for me to comment further."
Source
Monday, July 20, 2009
Police Related Car Accidents Are Increasing In Philadelphia
The Philadelphia Bulletin published an article on Tuesday, March 31, 2009 noting that police related auto accidents have claimed many victims on Philadelphia streets. So the Police Academy is boosting efforts to curb the number of crashes and save lives.
At the experienced Philadelphia car accident law firm of Reiff and Bily, we are all too familiar with car accidents caused by careless police chases or other police car involvement. According to the statistics released, last year there were 731 police vehicle accidents compared to 710 in 2007 and 625 in 2006.
Recently the experienced Philadelphia car accident lawyers at Reiff and Bily undertook representation of the estate of an innocent uninvolved driver killed during a high speed police chase. Our unsuspecting decedent exercised the right-of-way to enter an intersection when she was broadsided by the vehicle being chased by police. The “jaws of life” were required to extract this beloved grandmother from her vehicle. As a direct rsult of the horrific collision caused by the police initiated high-speed chase, our decedent sustained catastrophic injuries which ultimately resulted in her untimely wrongful death.
Catastrophic and fatal accidents can raise questions about the propriety of the underlying chase and conformity to the applicable law. We salute the efforts of the Philadelphia Police for initiating the Advanced Mobile Operations Simulator (AMOS) training program in recognition of the increasing problem of police vehicle related accidents and we hope that similar preventable accidents will be avoided in the future.
Source
At the experienced Philadelphia car accident law firm of Reiff and Bily, we are all too familiar with car accidents caused by careless police chases or other police car involvement. According to the statistics released, last year there were 731 police vehicle accidents compared to 710 in 2007 and 625 in 2006.
Recently the experienced Philadelphia car accident lawyers at Reiff and Bily undertook representation of the estate of an innocent uninvolved driver killed during a high speed police chase. Our unsuspecting decedent exercised the right-of-way to enter an intersection when she was broadsided by the vehicle being chased by police. The “jaws of life” were required to extract this beloved grandmother from her vehicle. As a direct rsult of the horrific collision caused by the police initiated high-speed chase, our decedent sustained catastrophic injuries which ultimately resulted in her untimely wrongful death.
Catastrophic and fatal accidents can raise questions about the propriety of the underlying chase and conformity to the applicable law. We salute the efforts of the Philadelphia Police for initiating the Advanced Mobile Operations Simulator (AMOS) training program in recognition of the increasing problem of police vehicle related accidents and we hope that similar preventable accidents will be avoided in the future.
Source
Monday, July 13, 2009
Pennsylvania's Statute of Limitations for Dog Bite Cases
Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Source
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.
Personal Injury Actions
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. Pennsylvania does, however, have a "discovery rule," which, in limited cases, extends the time for filing a personal injury action. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.
Special Rules for Minors
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.
Source
Monday, July 6, 2009
Sometimes you just need help… Philadelphia Personal Injury Lawyer: Do You Need One?
Have you ever heard the term ambulance chasers? Most people haven’t, because it is a term that is being used less frequently than in the past. The reason for this is because people all over the area are enjoying the services of accident or personal injury lawyers in Philadelphia. They are using these kinds of lawyers to both sure those responsible for the injuries and also to defend yourself if you were the one responsible.
It is becoming much more common to use a personal injury lawyer when you have been in a car accident. The reason being is that insurance companies are refusing to pay reasonable medical expenses and other charges for those involved in a car accident. The sad part is, they will only really pay up if a lawsuit is brought against them.
Anytime you are finding yourself in need of a Philadelphia personal injury lawyer, it is good to find one that specializes in the exact type of case that they will be handling. This is no exception for personal injury lawyers.
There are many of these lawyers who have sprung up from the woodwork over the years because they realize that they can make a quick buy by suing on behalf of clients and quickly settling. However, real cases that are actually brought to trial take much more time and are much more difficult than that.
What they don’t realize is, there is often heaps and piles of medical paperwork for them to sort through. Also, insurance companies will fight 100% of the lawsuits that are brought against them. This means that they lawyer will need to be mentally and physically ready for battle.
Be on the look out for personal injury lawyers that want to settle as quickly as possible. These types of lawyers are probably not looking out for the best interest of their clients. When you are sitting down with the lawyer, make sure you ask them about their experience they have in defending individuals in such cases. Also make sure to never, ever be quick to sign a settlement offer that is given to you.
Source
It is becoming much more common to use a personal injury lawyer when you have been in a car accident. The reason being is that insurance companies are refusing to pay reasonable medical expenses and other charges for those involved in a car accident. The sad part is, they will only really pay up if a lawsuit is brought against them.
Anytime you are finding yourself in need of a Philadelphia personal injury lawyer, it is good to find one that specializes in the exact type of case that they will be handling. This is no exception for personal injury lawyers.
There are many of these lawyers who have sprung up from the woodwork over the years because they realize that they can make a quick buy by suing on behalf of clients and quickly settling. However, real cases that are actually brought to trial take much more time and are much more difficult than that.
What they don’t realize is, there is often heaps and piles of medical paperwork for them to sort through. Also, insurance companies will fight 100% of the lawsuits that are brought against them. This means that they lawyer will need to be mentally and physically ready for battle.
Be on the look out for personal injury lawyers that want to settle as quickly as possible. These types of lawyers are probably not looking out for the best interest of their clients. When you are sitting down with the lawyer, make sure you ask them about their experience they have in defending individuals in such cases. Also make sure to never, ever be quick to sign a settlement offer that is given to you.
Source
Monday, June 29, 2009
Pennsylvania Part Of Effort To Decrease Distracted Driving
It was reported in a recent CNN.com article, How To Avoid A Ticket For 'Talking And Driving', that distracted drivers cause 80% of all motor vehicle accidents, according to the National Highway Transportation Administration. The article states that police officers can issue tickets in 6 states for driving while using a cell phone. Pennsylvania is one of 6 other states that has enacted this law by jurisdictions, and currently has active statewide legislation. According to the law enacted in California, and hopefully to be adopted by Pennsylvania and the other 20 states with active legislation, you can only talk on the cell phone if there is an emergency. You can use a Bluetooth or other earpiece, while driving, but you can not cover both ears. If you are under 18, you can not use a cell phone or any earpiece device while driving. The first offense carries a $20 fine and subsequent offenses carry a $50 fine.
I would hope that Pennsylvania's legislature would see the benefit of reducing traffic accidents by a significant amount if the laws prohibit the use of cell phones and wireless devices. All too often you see that driver who fails to proceed through the light when it turns green, or fails to move in traffic when it opens up, only to realize that they are busy texting or dialing a number.
Should you become the unfortunate victim of one of these traffic accidents, and would like to discuss your legal rights, please contact Mednick, Mezyk & Kredo, P.C., for a free consultation.
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I would hope that Pennsylvania's legislature would see the benefit of reducing traffic accidents by a significant amount if the laws prohibit the use of cell phones and wireless devices. All too often you see that driver who fails to proceed through the light when it turns green, or fails to move in traffic when it opens up, only to realize that they are busy texting or dialing a number.
Should you become the unfortunate victim of one of these traffic accidents, and would like to discuss your legal rights, please contact Mednick, Mezyk & Kredo, P.C., for a free consultation.
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Monday, June 22, 2009
Pennsylvania Winter Driving Tips
With the fast approaching, winter storm season, Penn Dot has issued a Winter Driving Guide that is worth looking at if you intend to utilize your motor vehicle during these winter months. Some obvious areas of concern are the mechanical aspects of the vehicle. It states that a motorist should make sure that the fluid levels are filled, the wipers and lights are working, and the tires are properly inflated and in good condition. It also addresses the "emergency kit" that every vehicle should have, and it includes some of the following items: flashlight with batteries, cell phone (not to be used while driving), jumper cables, blankets and other warm clothing, to name a few. Finally, some of the "driving tips" include keeping the gas tank at least half full, keeping a further distance from other cars, beware of "black ice", and using extra caution on bridges. Another important tip, and one that is a law in Pennsylvania, is to clear ice and snow from the roof of your vehicle. If the ice or snow, from your vehicle, strikes another vehicle or person, and causes injury or death, you could be ticketed.
The Winter Driving Guide is a list of "common sense" items that many of us do not utilize when driving in the winter months. The few minutes it would take to stock your vehicle or that of a loved one, could make the difference. We at Mednick, Mezyk & Kredo, P.C., wish you and yours a wonderful holiday, and safe traveling!
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The Winter Driving Guide is a list of "common sense" items that many of us do not utilize when driving in the winter months. The few minutes it would take to stock your vehicle or that of a loved one, could make the difference. We at Mednick, Mezyk & Kredo, P.C., wish you and yours a wonderful holiday, and safe traveling!
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Monday, June 8, 2009
Philadelphia Personal Injury Lawyers
Accidents happen in Philadelphia all the time, especially since it is the most populated city in Pennsylvania and the fifth most populated city in the United States. Unfortunately, many of these accidents result in serious injury or death to an innocent victim and many times, these accidents were caused by the negligence of another. In other words, these accidents could have been prevented. If you or someone close to you has been hurt because someone else was careless, the Philadelphia personal injury lawyers at the law offices of Lowenthal & Abrams, P.C. are here to help.
Have you or a loved one suffered from any type of Personal Injury due to the negligence of another party? Contact the Philadelphia personal injury lawyers at Lowenthal & Abrams, P.C. today!
Simply put, a personal injury can be explained as any situation or circumstance wherein you feel a physical and/or mental injury has occurred. Hundreds of thousands of individuals in the United States are personally injured and have a right to file a claim against the individual, company, or party that is liable for the personal injury.
There are many different aspects of Philadelphia personal injury law, which include but are not limited to:
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