Tag Archives: Personal Injury Lawyer In Philadelphia

Types of Injuries That Are Possible for a Personal Injury Claim

Types of Injuries That Are Possible for a Personal Injury Claim

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The possibility of getting engaged in a mishap of some sort exists everywhere around the globe, which is an unsafe place. We are at high risk of serious auto accidents because we invest so much time staying behind the seat. Tripping dangers can be present on the same surface we step on while out buying or doing a job. Several of us hold jobs with some chance of an incident. You could possibly sustain major harm if you are engaged in an accident, which could severely affect your life and cause various losses.

Due to this, the legal act allows personal lawsuits to pursue damages against people whose carelessness led to the incident that led to your damages. Such personal injury lawyers center on a range of wounds, although some are noticeably more frequent than others.

Personal Injuries Possible for Claiming

1.     Brain Injury

Brains traumas are among the most frequent and deadly conditions that have been the subject of numerous personal injury law firms. A brain injury occurs when the cranium and skull are damaged due to strong physical violence acting on the brain. It may manifest as violent twitching motions of the skull or force trauma injuries from an object striking the head. 

The following are a few of the most typical traumatic head injuries that people have experienced:

  • Brain contusions and concussions
  • Injury from a coup-contrecoup
  • Widespread axonal damage
  • Abrasive Brain Damage

2.     Back Injury 

Personal injury attorneys frequently involve back injuries. Several people trip and slip just to lay on their spinal cord or sustain spinal injuries in auto accidents. The spinal cord, among the most vital human body parts, is situated in the back. The damage can affect the ability to provide the body frame and, more significantly, to transmit sensory data from and to the cortex. Whenever the spinal cord is harmed, back injuries can always be exceedingly serious and occasionally even irreversible.

3.     Neck Wounds

The spine can be harmed in more places than only the back. In a collision, our neck is also susceptible to severe injuries. Whiplash is a major neck ailment reported in many auto accident claims. This injury happens in collisions where the person’s face is forcefully yanked after colliding with their car. This sudden, abrupt jerking motion can harm the neck and sometimes go unnoticed for a while.

4.     Others

There are many other injuries, for which you can claim an lawyer and ask the law to help you. Two of them are major and most common injuries:

  • Burn Injury
  • Fractured or broken bones

Accident Injuries and Claims

Many people who incurred major harm at the claws of irresponsible entities have been helped win settlements to pay their damages by the numerous laws which have managed personal injury cases in the Philadelphia region for years. Philadelphia personal injury Lawyers can help you with claiming procedures and ensure the private insurers don’t take control of you. When making a personal injury claim, the burden of proof rests with the claimant to demonstrate that the negligent party was accountable for the accident that resulted in the claimant’s injuries because the negligent party was aware of the risk factors for the accident but did nothing to address them. Additionally, you need to engage in discussions, accident investigations, evidence gathering, etc., to support your claim. Don’t try to handle everything by yourself, contact a Philadelphia personal injury attorney today.

How To Know If You Can File A Personal Injury Case For Your Child’s School Injury

How To Know If You Can File A Personal Injury Case For Your Child’s School Injury

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Children are very sensitive by their nature, and even adults are not prone to hurts, let alone kids. There can be circumstances when a school-goer suffers personal injuries on one or other mishap. Since parents cannot accompany their tiny toddlers to such educational institutions, the school authorities become responsible for each child’s protection.

Clean classrooms, safe drinking water, hygienic washrooms, sanitized equipment, safe electrical connections, cordial student-teacher relationship, etc. are some of the key aspects that all school authorities must keep in mind to safeguard all children. However, there is no denying that we keep hearing about kids getting injured or sick due to adverse situations in schools. If anything ever goes wrong, you must consult our professional Philadelphia personal injury lawyer for quick legal action.

Sometimes, it becomes difficult to ascertain whether you can file a case for your child’s school injury or not in a given situation. Here are some details that may help you in such cases.

Type of Injury

The first automatic point of consideration for any parent becomes the kind of injury inflicted on their child. Bruises or wounds while playing a sport are very common among children at school. Injuries, cuts, fractures, etc. on any part of the body due to slips and falls are other highly reported cases. Contact our well-versed attorneys at Philadelphia Injury Lawyers, P.C. for other cases of unsafe drinking water, dangerous electrical wiring, wobbly stairs/ ramps, or other risky environmental aspects in the school premises. 

Person in Charge

Another way to know if you can file a personal injury case against the school on behalf of your injured child is to trace the person on duty. During any sports activity, it is the designated teacher who has to ensure the safety of the kids. The driver of the school bus must not be negligent, rash, or drunk on duty. Our law firm has helped umpteen parents in making the wrongdoer legally liable for injuries caused to their child. Every worker, teacher, clerk, and other members should behave responsibly.

Type of Institute

There can be two types of educational institutes- private and public. Private educational institutes, including schools, generally can be made immediately liable for any school injury. However, public or governmental schools may oppose or even prevent your legal action under the veil of special protection under the law. The need here will be to hire a qualified Philadelphia personal injury attorney like ours; we promise to come up with a legal remedy in your favor by any means. Our specialists are keen on exceptions and relatable provisions. Even if you are unable to ascertain whether you can file a personal injury lawsuit for your child’s school injury or not, do not worry about it; you can reach us anytime for a free consultation. We are one of the leading law firms engaged in personal injury lawsuits for a long time; thus, we hold the required experience and skills to turn things in your favor.

Art You Need to See When Visiting Philadelphia

Art You Need to See When Visiting Philadelphia

Philadelphia is a great city for art lovers. The city has a long history of art and architecture, and it’s still going strong today. There are plenty of museums and galleries in the area, and many are free or cost only a few dollars to enter.

Favorite Art Spots in Philadelphia

If you’re visiting Philadelphia on business or just want to see some of the best pieces of artwork in the region, here are some of our favorite stops:

The Barnes Foundation Museum

This museum house works by Rembrandt, Picasso, and other famous artists. It’s located in Merion Village and has been open since 1922. Admission is free, but donations are appreciated. Philadelphia’s most famous museum is home to a collection of Impressionist and Post-Impressionist works by Claude Monet, Edgar Degas, and Pierre-Auguste Renoir.

Pennsylvania Academy of the Fine Arts

Located in West Philadelphia, this museum displays work from notable artists such as Edgar Degas and Winslow Homer. The building itself was designed by Frank Furness in 1874. Admission is $10 per adult or $8 for seniors over 62 years old; children under 12 are admitted free.

Philadelphia Museum of Art

This museum contains more than six million works of art spanning 5,000 years of human history when it opened in 1933. It also features modern sculptures by Rodin and Picasso among others.

The Philadelphia Museum of Art is home to more than 20,000 works of art from ancient times to the present day. With its collection of Egyptian antiquities, sculptures from the Renaissance, and contemporary art, the museum has something for everyone to enjoy.

The Franklin Institute

The Franklin Institute is one of America’s oldest scientific institutions and has been educating visitors since 1824 with exhibits on everything from electricity to evolution (and even dinosaurs). Its flagship facility is its Benjamin Franklin Memorial Hall, which houses several different science exhibits such as The Great Inventors: Benjamin Franklin and Thomas Edison; The Gifts That Keep On Giving: How Science Gives Us Life

What If Injuries Happen When I’m In Philadelphia?

Everybody feels safer at home. If not, then safer in their state. If you are visiting Philadelphia and wondering what would happen if you get yourself in a pickle then don’t worry. Philadelphia is one of the best places in terms of legal systems. They have good lawyers, attorneys, and law firms that can represent you.

It’s very important to seek the help of a lawyer from a reputable law firm or an independent attorney if you find yourself in any kind of trouble. For example, what if you get into a car accident or happen to be in a personal injury case?

Well, hiring a relevant lawyer will be your first course of action. A Philadelphia personal injury lawyer is all you’d need to have a successful case in court. Finding one can be hard. But it’s of utmost importance that you only settle for a reputed and competent Philadelphia personal injury lawyer with a spotless track record. With Philadelphia Injury Lawyers, you have a partner that you can rely on in such cases.

Everything to Know About Personal Injury Settlements and SSDI

Everything to Know About Personal Injury Settlements and SSDI

When a person is injured on the job, they may be eligible for workers’ compensation benefits. Workers’ compensation is a type of insurance that provides medical care and some income for employees who are injured on the job. If someone has an injury that prevents them from returning to work, they may also qualify for Social Security Disability Insurance (SSDI).

What is SSDI?

Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to people who are no longer able to work due to a disability. To qualify for SSDI, an applicant must show that their disability prevents them from working at any job in the economy, even if it does not prevent them from finding any particular kind of job.

For example, if someone can no longer lift heavy objects because of an injury but can still lift light objects or sit at a desk all day, then they might qualify for SSDI. If someone is not eligible for SSDI but still needs help paying bills while they recover from their injuries or while they look for another job, they might qualify for Supplemental Security Income (SSI).

If you are disabled and have been denied SSDI benefits, you may be eligible for a personal injury settlement.

Contact your closest lawyer or get hold of a law firm to further clarify what it means in your context.

How Do I Know If I Am Eligible?

If you were injured in an accident that was not your fault and cannot work due to your injuries, then you may be eligible for SSDI benefits as well as a personal injury settlement.

Your eligibility will depend on how much money is available in the settlement, but most people receive between $25,000-$100,000 (or more) when they settle their case out of court (through mediation). The amount depends on how serious the injuries are and how much time it takes for them to heal completely.

Personal Injury Settlements Vs. SSDI

When a person is injured in a car accident, they may be eligible for two types of compensation: personal injury settlements and SSDI. The amount of money that can be received from these two sources will vary based on the severity of their injuries, but there are some similarities between the two types of compensation.

Having an attorney is critical in both cases. A good Philadelphia personal injury law firm is highly recommended.

Personal Injury Settlements

When a person is involved in an accident caused by another driver’s negligence or carelessness, they may be able to file a legal claim against that driver’s insurance company. This is called a personal injury settlement and it can help cover medical expenses, lost wages from missed work, and other costs associated with the accident.

SSDI Benefits

Social Security Disability Insurance (SSDI) pays benefits to people who have worked enough quarters over their lifetime to qualify for them and now cannot work due to disability. If you have worked long enough and paid into Social Security over the years, you may be eligible for SSDI benefits if your injuries prevent you from working at all or only part-time. Attorneys and lawyers will be better able to supply you with the necessary information required to differentiate the two. Choose only among reputable law firms. Here at Philadelphia Injury Lawyers, we specialize in these cases. If you are seeking a Philadelphia personal injury law firm too, then we can help.

The Ultimate Guide to Statutes of Limitations

The Ultimate Guide to Statutes of Limitations

Overview of the Statute of Limitations:

Any lawsuit resulting from an accident must be lodged within a specific time limit under a legal rule referred to as the “statute of limitations,” or the aggrieved person’s legal claim will be invalid, and their right to sue would be permanently gone. Every state has established its statute of limitations, which requires any personal injury action to be filed in court within a certain amount of time following the event or injury. Each state has its restriction, which varies from one year to six years.

Different Time Limits for Various Types of Claims:

The kind of personal injury lawsuit may also influence the time limit in certain jurisdictions. Several defamation cases and claims involving children (those under the age of 18), for example, may have more significant time restrictions. In contrast, medical negligence statutes of limitations may have lower time limits.

In many cases, the statute of limitations in a suit for minor injuries does not begin to run until the minor reaches 18. Assume a person gets wounded in a vehicle accident on his 17th birthday.  He will have three years to file a personal injury case in a jurisdiction where the statute of limitations for personal injury lawsuits is two years.

The Rule of “Discovery of Harm”:

Whereas a statute of limitations may state that a personal injury claim must be filed under a certain period after an illness or incident, that time does not usually begin to run until the person filing the suit knew that they had suffered harm and the nature of that harm.

 Statute of Limitations in Pennsylvania:

Each state has its own statute of limitations, which dictates that any personal injury claim must be submitted in court within a particular time frame after the occurrence or injury.

Limitation of Liability:

The statute of limitations in Pennsylvania restricts the timeframe an affected patient has to bring a medical malpractice claim in court. In Pennsylvania, the time limit for filing such a claim is two years after the plaintiff learns or substantially should recognize all of the following:

  • The occurrence of an injury;
  • The behavior that resulted in the injury; and
  • The connection between the injury and the action that resulted in it.

Regardless of those three criteria, a personal injury claim must be filed within seven years of the date of the damage unless the harm was caused by an item left within the body. If wrongful death was caused by medical malpractice, a case must be filed within two years after the date of death. A person who is harmed by medical negligence as a youngster has seven years after the date of his 20th birthday to file a lawsuit, regardless of when the damage happened.

Damage Limits:

Like many other states, Pennsylvania limits damages in medical negligence lawsuits, but the limitation is exact. Pennsylvania does not place any restrictions on either economic or non-economic damages, which are the two primary types of compensation that a wounded patient may obtain.

The only limitations on judgments in medical malpractice lawsuits in Pennsylvania relate to “compensatory damages,” which are given as punishment for exceptionally egregious or hazardous conduct. Punitive damages in malpractice lawsuits in Pennsylvania are limited to twice the number of actual damages in the case.

It’s essential to remember that punitive damages are uncommon in personal injury cases, so any claim you file will undoubtedly be uncapped in Pennsylvania.

Payments:

Pennsylvania even has a “periodic payments rule,” which requires compensation to be paid in stages if the case’s potential damages exceed $100,000. “Future damages” are compensation for medical expenses, lost earnings, and other damages that the injured individual is likely to suffer in the future due to incapacity or continuing medical care for the harm caused by the medical neglect. Until the injured plaintiff disagrees, periodic payments are made automatically in instances involving more than $100,000 in future damages.

Requirements for Expert Testimony:

Pennsylvania also has several criteria for expert medical witness evidence, both when a personal injury claim is filed and when it goes to trial.

According to the declaration of merit requirement, a plaintiff’s counsel must submit a written statement or “certificate of merit” within 60 days after initiating a medical malpractice case. The lawyer and state must sign the official document that an expert provided a written statement asserting one of the following:

  • There is a significant possibility the defendant compromised the standard of care.
  • The plaintiff was accountable for the person who violated the standard of care.
  • Expert testimony is not required to pursue the claim.

When a defendant files a counterclaim, they must also submit an affidavit of merit.

In addition, expert medical witness evidence is required at trial by the lawyers to demonstrate the proper medical level of care and that the defendant violated it unless negligence is apparent to a layperson.

An expert who testifies at trial must be:

  • A physician who is actively practicing or teaching and has expertise in the area at hand,
  • Of the same or a comparable specialty as the defendant,
  • Committee certified if certification is obtainable and the defendant is board certified.

However, suppose it can be shown that a specific expert has adequate training, experience, or expertise acquired from actively practicing medicine or teaching within five years of the date of the damage. In that case, the court may waive these criteria.

Purpose of Statuary Limits:

Statutory limits serve to protect defendants. Their enactment is motivated by three factors:

  • A plaintiff who has a legitimate right of action should prosecute it with reasonable zeal.
  • A defendant may have lost evidence that may have been utilized to oppose a stale claim by the time it is pursued.
  • Bringing a long-dormant claim to trial may result in far more suffering than justice.

You may be eligible to collect damages if you were injured due to another person’s deliberate or negligent acts and you did not exceed the time limit. In certain instances, the statute of limitations is ambiguous. To understand more about the time limitations for filing a lawsuit, consult with an experienced personal injury attorney.

You can learn more about statutes of limitations by getting in touch with us.  You can contact one of our attorneys from our law firm at https://philly-injury-law.com/ for a free consultation.

Sexual Abuse Laws: What To Do And Where To Go

Overview of Sexual Abuse Laws in Pennsylvania

Anyone engaging in sexual intercourse or deviate sexual intercourse with another person without their consent is already considered a crime in Pennsylvania. According to Philadelphia injury attorneys, the defendant may be facing statutory sexual assault if the victim (complainant) is a minor or below 16 years old and the defendant is four years older than the victim and both aren’t married to each other at the time the offense was committed.

In Pennsylvania, there is also a separate sexual assault charge called “indecent assault” where it is quite similar to sexual assault. For this type of assault, there should be presence of indecent contact with the victim (complainant) and that includes as well the victim’s contact with the defendant’s urine, seminal fluid, or feces with the intention of arousing sexual desire in the victim or defendant and done without consent on the part of the victim, done with force or threat or conducted under some conditions like the victim is unconscious, mentally disabled, intoxicated or minor.

If you want to learn more about the complete details of Pennsylvania’s sexual assault laws, below is a list:

Indecent Assault: Pennsylvania Statutes Title 18 §    3126

  • Statutory Definition of Sexual Assault – A person commits a felony of the second-degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant’s consent.
  • Statutory Definition of Indecent Assault — A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:

The person does so without the complainant’s consent; the person does so by forcible compulsions; the person does so by threat of forcible compulsion that would prevent resistance by a person or reasonable resolution; the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring; the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance; the complainant suffers from mental disability which renders the complainant incapable of consent; the complainant is less than 13 years of age; or the complainant is than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

What are the defenses to sexual assault charges?

Based on the shared information of an experienced personal injury lawyer in Philadelphia, there are various defenses that can be applied to rape and sexual assault charges. Here are the common defenses that may be considered:

  • Consent
  • Mistaken identity
  • Age (this is applicable only in case of a statutory rape)
  • Involuntary intoxication (when the accused’s drink is “spiked” or he or she is drugged without knowledge or consent)
  • Insanity
  • Although the “marital exemption” can be used as viable defense, the law no longer recognizes between married and unmarried individuals. Anyone, regardless of his or her marital status, can become a victim of rape or sexual assault if he or she didn’t consent.

What are the penalties and sentences?

According to credible Philadelphia injury attorneys, a rape case will face a severe penalty including fines averaging to $25,000, imprisonment of 20 years, or both. On the other hand, a sexual assault case is viewed as a second degree felony in Pennsylvania and can be punishable by law of ten (10) years in prison. The court may impose discretionary fines depending on the nature of crime committed and its severity. In case of insanity, the judge may recommend psychiatric treatment or counseling.

If the crime charged is indecent assault, the charge can be either a first or second degree misdemeanor based on the nature of the offense and punishable by law of five years in prison. In the event the case is already the defendant’s second offense or there has been repetitive course of conduct, or if the assault done involved touching of the victim’s sexual parts with the defendant’s, a third degree felony can be ruled out and punishable for up to seven years of imprisonment.

What to do if you or a loved one has become a victim of sexual assault?

If you or a loved one has become a victim of a sexual assault case in Pennsylvania, you need to contact right away a personal injury lawyer in Philadelphia and get a free case assessment. Don’t delay your chances of getting the perpetrator being punished, act now.

Personal Injury Lawyer Philly: Top Questions To Ask Before Pursuing A Personal Injury Claim

Is your pain after a bad slip creating discomfort on your end? If you noticed there has been huge impact to your daily routine after that accident in a public place in Philadelphia and thinking of pursuing a personal injury claim, here are top questions to ask before consulting a personal injury lawyer in Philadelphia.

Question #1 – What should I do first after being badly hurt?

This is your initial task after being injured you need assess your overall health and condition. Why? Knowing precisely the side effects brought by this accident could give you an idea if you have every right to file a personal injury claim. In the event you have already taken precautionary measures and went to a medical doctor to give a thorough check on your injury, you can use this as evidence when filing a personal injury claim.

Question #2 – When should you notify the person involved in the accident about your intention to file a personal injury claim?

If you have intention of filing a personal injury claim against the concerned individual, company or institution which is not a government agency, you need to be aware that there is no time limit, but acting soon is highly recommended by a personal injury attorney in Philly to prevent delays on the processing of your claim. Keep in mind, notifying those involved of your injury doesn’t mean you are already filing a lawsuit, it is just intended to preserve your legal rights and not be used against you why it took too long before you notified them of your injury.

Question #3 – Is there a deadline when I have to file a personal injury claim?

According to a personal injury lawyer in Philly, pursuing a personal injury claim may take a lengthy process and if you failed to file in soon, you might miss the chance to collect what is rightfully yours. There are mandated rules on the books “statutes of limitations” wherein you are given the maximum timeframe when you can bring a lawsuit. In the event the specified deadline already lapsed, you can be barred from pursuing your case just to get compensation from your personal injury. If unsure what limitations apply in your state, better visit your state’s statute of limitations for your type of claim and check if you still have plenty of time to file a claim.

Question #4 – What is the ideal time frame to file a personal injury claim if the government is involved?

Filing a personal injury claim against the government, government agency or government staff is entirely different when you will the ideal timeframe. There is limited time given to the complainant when filing a claim. There are also other factors that will affect your claim such as the state where you live and type of your case. In most circumstance where a government is being sued, you only have 30 days to 1 year to file your case and if you miss this timeline, you may lose your legal rights to any compensation or damages you wish to recover.

Question #5 – What must I do for now?

Suffering from injuries after an accident such as a bad slip can cost a lot of money to cover the medical bills, days you have to leave from work as well as follow-up treatments you need to avail just to get back to your normal and healthy condition. Getting a free consultation is the wisest thing to do for now and you can start by contacting a personal injury attorney in Philadelphia to review your case.