Tag Archives: Philadelphia Personal Injury Lawyer

Workers Compensation Law In Pennsylvania

Are you a newly hired employee in Pennsylvania? If yes, have you been properly oriented about your duties as well as rights as a worker? In the event, your employer or HR manager already gave you an employee’s manual, but still, have concerns about being injured while at the workplace and cannot report for work, this topic that a Philadelphia personal injury lawyer shares would come very useful.

Is every hired employee entitled to workers’ compensation benefits?

Yes, under the law governing workers compensation in Pennsylvania every hired employee, regardless of the nature of work or position assigned, a hired worker or employee is entitled to workers’ compensation benefits the moment he or she has acquired physical injury while on duty. It is a legal obligation of the employer to have workers’ compensation insurance policies for all workers currently employed.

What are the benefits under the Workers Compensation Law that an injured worker can claim?

The Workers’ Compensation law is strictly governed by clear guidelines. If a worker feels that there is a breach of this agreement that resulted to the disapproval of filed compensation claim, then, he or she has every right to seek professional advice from a personal injury attorney in Philly with expertise in Workers Compensation Law.

There are at least two types of workers’ compensation benefits that a worker who had a workplace accident can reimburse and mostly cover the following:

  • Medical benefits

All payments made for medical expenses incurred by the injured worker must be immediately released as part of the workers’ compensation benefits coverage. In the event, an injured worker was denied for this type of claim the employer is still answerable for injury-related expenses.

  • Non-medical workers’ benefits

If you are working in Pennsylvania and have been a victim of workplace injury, you are qualified loss of wages benefits. So, if you have to take a leave of absence of more than seven (7) days due to your injury, you will still be paid. The loss of wages benefits will start on the eight day.  In most cases, this non-medical benefit will be disbursed and paid to the injured worker either weekly or bi-weekly for the entire duration of his or her inability to report to work.

What are the requirements when filing the Workers Compensation Claim?

Workers who have been encountered injuries while performing their assigned jobs must comply with the following requirements to ensure fast processing of their Workers Compensation Claims and avoid denial.

  • Injured worker must immediately report to his or her supervisor or boss about the accident. Under the law, worker is given a period of 120 days from the time that incident resulting to injury happened to report it. See to it that you give this issue a priority to prevent delays on your claim or disapproval.
  • Once the Workers Compensation Claim has been filed, the employer and their assigned insurer are given 21 days to accept it or deny the claim.
  • If there are no issues regarding a worker’s claim, payment check can be released within three (3) weeks after the reported date of injury.
  • In the event a worker’s claim is disapproved because of delay in reporting of the incident or wrong input of information on the claim form, an appeal can be made and the Pennsylvania Workers’ Compensation committee will conduct further investigation of the case.
  • If the worker is still denied despite the appeal, he or she can still make further appeals to the Commonwealth Court of Pennsylvania.

Philadelphia Personal Injury Lawyers on Workers Compensation Claims

If you have unresolved issues regarding your personal injury that happened while at the workplace, you can be entitled with Workers Compensation benefits and recover all the damages brought by this accident. Learn more how you can protect your rights regardless how complex your work related injury by booking private meeting with the best Philly personal injury attorney.

Philadelphia Injury Lawyers: Overview Of Premises Liability In Pennsylvania

Have you heard about “premises liability”? Premises liability is another classification of personal injury wherein the injury inflicted on the victim happened in another person’s house or business.  If you want to know more about injuries or accidents happening on someone’s property, the Philadelphia injury lawyer shares this valuable information regarding “premises liability cases”, injuries covered and how to prove a premises liability case.

Definition of Premises Liability

Premises liability cases are mostly injuries that happened on someone’s property due to negligence to keep the place safe. Among the example of premises where people could get hurt and result to slip and fall injuries are sidewalks, stores, pedestrians including other public places.

When can someone’s house or public place cause injury to a guest or customer?

According to an experienced Philadelphia personal injury lawyer, the following risky elements present in someone’s house or public place could cause a person’s injury:

  • No appropriate signage like “Caution Wet floor” could lead to accidental slips to guests coming inside a store.
  • Uneven tiling or pavement can be dangerous to people passing by.
  • Wobbly railings at a friend’s house can lead to accidental falls.
  • Poor lighting along the car park can cause accidental trips and falls.

These are just some of the elements that can contribute to premises liability case, especially if the owner of the house, business or public place did not do anything to keep the premises safe and free from any danger.

How to prove a premises liability case in Pennsylvania?

If you or someone you loved has been injured in somebody’s premises, here are ways to help you prove you have a premises liability case:

  • The owner of the premises owes you a duty;
  • The owner breached that duty;
  • The breach led to your personal injury; and
  • You have legal evidence to support your injury claim in court.

How to prove there is breach of duty on the part of the owner?

The owner of the premises has a duty to keep the premises safe at all times for the guests. It simply means doing whatever is deemed necessary such as doing repairs or removal of things that may cause injury to anyone who has access on the premises. In the event the owner of the premises does not have enough time to do the repairs, it is his or her responsibility to disclose the dangers and provide warnings.

To prove there is breach of duty, you have to show proof that the owner of the premises did not make an effort to fix the issue or warn guests about the potential dangers. The Philadelphia injury attorney mentioned that breach of duty can be proven if the risky element still existed after the person’s injury and no warning has been made to prevent the accident from arising.

Philadelphia injury attorney on premise liability injury claim

A top performing Philadelphia injury lawyer knows precisely what covers the personal injury law on “premise liability” as well as the compensations that an injured person can claim in court. If you are in doubt whether you can get compensation for this type of injury, avail now a free consultation and find out how much compensation you really deserve.

How To Search A Personal Injury Lawyer In Philadelphia?

Have you been seriously injured and want to seek professional advice regarding filing a lawsuit? A personal injury case may require the expertise of a lawyer. If your goal is quick search a credible practicing lawyer in Philadelphia with specialization in personal injury case, I recommend you implement the following steps.

Step #1 – Identify clearly your specific needs

Not all lawsuits are identical. For you to succeed in finding a knowledgeable Philadelphia attorney with relevant experience in personal injury case, I suggest you identify clearly your specific needs. Keep in mind, attorneys offer different kinds of services. There are those legal representatives that cater only to cases involved in vehicular accidents while others cater to any case resulting in harm or injury.

Step #2 – Ask referrals from your network

Your network may consist mostly of people you know personally or have done business in the past. Asking referrals from these trusted individuals could be your ticket to finding a suitable lawyer in Philadelphia for your personal injury case. So, while brainstorming where to locate a reputable lawyer why not consult the people belonging to your network and ask for recommendations. I’m sure you will find someone who already used the services of an attorney in the area of your preference.

Step #3 – List your preferred traits that a lawyer must possess

Before you even contact the list provided by your friends, family members, relatives or colleagues at work, take time listing of traits that your prospective personal injury lawyer in Philadelphia must possess. Here is a sample list of what you need to look for a candidate:

  • Level of experience in handling injury cases
  • Proof of license to practice this type of legal service
  • Number of won cases
  • Compassionate
  • Accommodating

Your chosen lawyer will be working with you closely, so it’s a must that you are confident that this legal representative can deliver the desired outcome.

Step #4 – Ask the right questions

For you to gauge the level of expertise and experience of your prospective attorney for your personal injury case in Philadelphia, be prepared to ask the right questions.

Among the frequently asked questions that will lead you to the right candidate are:

  • What is the expected timeline for my personal injury case?
  • Will you personally handle my case?
  • How many cases similar to my case have you handled and won?
  • Where you suspended from assuming your role as a legal representative?
  • Are you allowed to practice in Philadelphia?
  • What your areas of specialization?

Step #5 – Maximize the free consultation

Most reputable legal firms offer free consultation to anyone wanting to seek legal advice. If given the opportunity to have a free consultation with any of the law firm’s legal representatives, make the most of this initial meeting to ask questions, learn more about your case as well as if you really have a case to file. Lawyers will do their best efforts to give potential clients advice based on legalities.

Step #6 – Hire a local lawyer

Yes, definitely a priority when locating a credible lawyer to handle your personal injury case, consider hiring a local legal representative. Why? These lawyers are aware of the current laws applied in that area, the best practices implemented in that particular court including the requirements needed when filing a lawsuit.

Why The Philadelphia Personal Injury Lawyer May Advice Not To Proceed With Your Personal Injury Case?

Philadelphia Personal Injury Lawyer

Do you want to know why the Philadelphia may advice you not to proceed with your personal injury case? There are many reasons that could affect the decision of a legal representative may not handle your injury case.

  • Time limitations have expired

When the personal injury case time limit has already expired and wasn’t file within 3 years like a car accident, then, there is no point that the Philadelphia lawyer would find it right to file this case. The lawyer may advice the client that there is little chance he or she can do to win this case and get compensated. If you want to know the time limits in Philadelphia, ask the Philadelphia personal injury lawyer and file your case to avoid losing your chance of being compensated.

  • No liability or fault found to the defendant

One of the major reasons why the Philadelphia injury lawyers will tell their clients planning to file a personal injury case not to proceed with the filing is because no liability has been found to the other party (defendant). Even if you have been inflicted with severe physical injuries after the accident, if the concerned party (defendant) isn’t at fault after the investigation and statements of witnesses confirming of you beating the red light, you could be held legally accountable for your own injuries. On the other hand, if the personal injury case resulted in permanent disability of the plaintiff or death of someone, the personal injury case must still be filed and extensive investigation must take place before a decision of “no case” will be ruled out.

  • Physical injury is only minimal

Among the reasons why the Philadelphia lawyers may recommend clients not to proceed in filing an injury case is due to the extent of injuries they incurred. If your injuries resulted only in minor cuts and, bruising this has no probable cause. Under the law, only those personal injuries that led to serious harm or massive damages can be compensated.

What to do if you have been in a serious accident?

The bottom line of the story if you have been involved in a serious accident like a car collision and you have encountered injuries, then, it would be appropriate to seek a credible personal injury lawyer. If the incident happened in Philadelphia contacting any of the licensed members of the Philadelphia injury lawyers is the wisest decision to make for now. Why? First of all these locally based lawyers know the ins and outs in the laws applied in this area. Second, you can easily access them anytime when needed to ask advice. Third, you can definitely save your time, money and energy because no need to travel miles just to have a private meeting with your hired personal injury lawyer.

Filing a personal injury case needs the expertise of a legal representative that has solid track record of handling similar cases. If you don’t know whether the injuries you acquired after an accident has a probable cause or not, consulting the Philadelphia personal injury lawyer will give you good advice on the next action to make.

What Qualities Should You Consider When Hiring A Philadelphia Personal Injury Lawyer?

Are you on the lookout for a top performing Philadelphia personal injury lawyer? If you want to make sure that the lawyer who will represent your personal injury case will have a high percentage of winning, then, perhaps you need to pay seriously on the following qualities and verify if he or she possesses them.

Specialization in personal injury or accident case

The personal injury or accident case is a complex legal issue and it’s crucial that your prospective lawyer is an expert in this area so that you have the assurance that he or she can handle this case. If you are considering selecting from one of the Philadelphia lawyers, ask who among them have specialization on personal injury cases.

Solid track record of going to trial

Another qualifying trait that you must include on your list of criteria when choosing a reputable Philadelphia personal injury lawyer is his or her track record of going to trial because if you hired a legal representative with a good reputation of being willing to go to trial, expect a higher percentage of you getting a favorable outcome like higher chances of this case being resolved out of court via settlement.

Financially stable

Your prospective Philadelphia personal injury lawyer must be financially stable. Why? Since, most personal injury cases work on contingency agreement where no fees will be initially collected until the end of the litigation proceedings, then, it just right that your lawyer has the resources to fund whatever is needed to win the case such as using the latest technology to gather enough proofs to validate the authenticity of a client’s personal injury claim.

Sensitive

Apart from relevant working experience in handling complex cases such as yours, another trait that you must look when selecting from a bunch of Philadelphia injury lawyers is the sensitivity to the needs of a client. I’m sure you will feel this trait the moment you have a private meeting with a prospective lawyer. If you see that this expert takes time listening to your concerns and never tries to rush things in order to finish the meeting, then, you can be assured that there will be a good working relationship while the case in on the process.

Accessibility

Filing a personal injury case can be a lengthy process and may take months or even years before a final decision is made by the court judge. One of the traits that you need to make sure is present with your prospective Philadelphia personal injury lawyer is accessibility when needed. Ask your prospective lawyer if he or she is quickly accessible after business hours. A very accommodating lawyer will see to it that you can reach him or her anytime, especially if your concerns need immediate consultation.

Finding the most suitable legal representative to handle your personal injury case can be truly overwhelming, especially if you are still in the recovery process from a major accident. If you want to make things a lot easier on your end, don’t just commit to any lawyer you come across. Do the research, read cases reports won by this prospect and use the above qualities as your benchmark is finding the right Philadelphia personal injury lawyer that can help you win this case.

Philadelphia Personal Injury Lawyer: Why Choose Out Of Court Settlement Over Trial For Your Injury?

Are you curious as to how many personal injury cases were settled outside the courtroom? Many personal injury cases according to the Philadelphia personal injury lawyer haven’t reached the litigation process and opted for out of court settlement due to the following reasons.

  • Trial can be time consuming

This is one of the reasons why people with personal injury cases opted for an out of court settlement because of the possibility that the trial can take years before a significant decision is made. Keep in mind, if you are a busy individual who has to work or attend family duties, attending a trial may consume most of your time or worst leave you juggling your day-to-day chores just to cope with the demands of this filed case.

  • Trial can be expensive

This is one of the issues to worry about when filing a personal injury case the expenses may pile up and leave you in deep financial burden. Even if most Philadelphia injury lawyers work on contingency agreement where no fees will be collected while the trial is still undergoing, you still need to take into consideration the money you will spend on transport and food when attending the trial, plus the fact that court trials can be very expensive. An expert personal injury lawyer Philly will suggest an out of court settlement with a client if the other party shows willingness for a settlement.

  • Trial can be stressful

Trials can be very stressful because even after you just fully recovered from an injury the demands at the litigation proceedings can drain you physical and emotionally. Imagine if you have to narrate every session the horrific incident that led to your hospitalization and great amount of pain, undergoing a trial is like a flashback of a bad incident. Besides, being a plaintiff doesn’t save you from a cross examination during court trial and expect the whole process to be truly overwhelming. An out of court settlement according to a Philadelphia personal injury lawyer will not only relieve your stress, but lessen the worries on your end when you are subjected for extensive questioning in front of a jury.

  • Trial decision can be unpredictable

It’s common in every trial that the final decision can be very unpredictable, especially on personal injury cases. Even if the plaintiff gets a favorable decision in the end of a court trial, the total amount decided as compensation for your personal injury claim is beyond your control. There is no guarantee that the desired amount you want to get will be awarded. The last and final decision is still dependent on the evidences provided by both parties and jury’s discretion. An out of court settlement may bring favorable results on your end because you and your appointed Philadelphia personal injury lawyer have control during the negotiation process.

  • Trial is done in public

Among the reasons why people with personal injury claims choose to settle outside a courtroom is for their privacy. Trials are done publicly, so expect everyone present in the court venue to be all eyes on you during your testimony. Settling your personal injury outside the court will be a good idea, since you and your hired personal injury will discuss matters with the other party in a private place and whatever agreed is done with discreet.

I hope this topic gave you valuable insight on your options when pursuing a personal injury claim. If you are still having doubts about your decision, consult one of the best Philadelphia injury lawyers and learn more the out of court settlement.