Tag Archives: Personal Injury Lawyer Philly

Why You Should Pursue a Personal Injury Claim for Your Injuries

Why You Should Pursue a Personal Injury Claim for Your Injuries

When you have been injured in an accident, you may need a personal injury claim. This can help you to recover compensation for your injuries and other losses. However, many people think that they cannot pursue these claims because they do not have the money or the time to do so.

The truth is that pursuing a personal injury claim is not as difficult as it may seem. In fact, you can pursue this type of claim even if attorneys do not represent you. Here are some reasons why you should pursue a personal injury claim for your injuries in Philadelphia:

You Can Recover Compensation for Your Injuries and Other Losses

One of the main reasons why people seek legal representation when pursuing a personal injury claim is because they want to recover compensation for their losses and damages. This includes compensation for medical bills, lost wages, and pain and suffering.

If you have suffered serious injuries, then this type of compensation might be necessary to cover your expenses related to treatment and recovery.

You Have More Time

A lot of people worry about how long it will take them to get their case settled out of court because they think that they do not have enough time before their statute of limitations expires. However, this is not always true.

Any Philadelphia personal injury lawyer will tell you that sometimes the sword of justice can be quite swift.

You May Be Entitled to Compensation

If your injuries were caused by someone else’s negligence or carelessness, then you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.

Even if the person who caused your injuries was not at fault in any way, he or she may still be liable for your injuries because of his or her negligence or carelessness.

It is Important to Consult with an Attorney Right Away After Your Injury

The longer you wait to consult with an attorney after your injury, the more likely it is that the insurance companies will take advantage of this time and try to settle with you for less than what you deserve.

Waiting too long also allows them to poke holes in your case and make it harder for them to win their argument against you at trial. If they do not settle with you before trial, then they will have a chance to argue against many of these.

Any Philadelphia personal injury lawyer can come to your aid here.

Wrapping up: Best of law firms in Philadelphia

Your injuries might have left you unable to work or take care of yourself as well as before. You could need medical treatment, physical therapy, or any number of treatments to regain your health back so that you can return to work and resume doing the things that made up your life before the accident. Here at Philadelphia Injury Lawyers, we specialize in such cases. Any professional lawyer or attorney from our law firm is well-equipped with all the experience you will ever require to successfully fight personal injury claims for your injuries in any court.

The Prison Rape Elimination Act and Its Effect on Sexual Assault

The Prison Rape Elimination Act and Its Effect on Sexual Assault

PREA did not bring the prison rape statistics to zero but has resulted in tremendous change in the view angle and address of the issues. The State works dedicatedly toward having a “Zero Tolerance” policy against sexual assaults in prison.

Signed by President Bush in 2003, the PREA has placed amendments in 2007 for a perspective. The PREA issues a warning to the staff and the offenders and grants the victim access to a lawyer for further proceedings.

Prevention – Is There Any?

Even with strict rules and monitoring, the statistics of prison rape remain unchanged. A few go unnoticed, while the others reach some conclusion with the help of law firms in the court of justice. The prisons of the State are the home for revision of modesty and behavior. It must never be the place for folly.

They extend the best of lawyers from a firm like Philadelphia Injury Lawyers, P.C. for representation. They help the victims have a better approach toward justice. The first year of implementation of PREA showed a 5 percent reduction in the statistics, but later the numbers – unharmed!

The Three Pillars!

The law of PREA bases itself on three strong pillars. It aims to scan the threat before it creates an issue, detect it – if it happens, and respond with medical and attorney’s help for the victim. It has three main pillars of working.

PREVENT:

The State correctional facilities take enough care to avoid cross-gender interaction as much as possible. It comes with zero-tolerance policies and screens the inmates. It focuses on educating the staff and the offenders and setting up high security for barring any unlawful activity within the prison premises.

DETECT:

Keeping an eye open about the activities of the prison allows for the best catch if anything wrong happens. It ensures the best communication about informing and reporting rape as and when it happens. It assures the punishment for the abuser PREA and protects every victim, including women, LGBTI, and victims with disability.

RESPONSE:

It extends the best care, both medical and mental. The State offers the victim to approach a law firm for an attorney. The process walks along with the protocol followed by the termination of the guilty. An attorney for representation and PREA protects the victim from the abuser. Whether staff or offender, the punishment remains the same!

Creating a better room for fair opportunities for reporting the abuse, the PREA is a growing shield for wrongs!

Approaching The Attorney

Rape, whether outside or behind bars, is a severe felony with punishments and penalties. Was your loved one or you a victim to the staff or offenders on sexual grounds? If yes, contact Philadelphia Injury Lawyers, P.C. for the best representatives! Rape lawyers stand up to be experienced and established in their work for extending the best resource and stand. It is best to check for their background, past clients, and reviews for reliability. If they stand high on various grounds, let them speak for you and ensure you have justice served!

Are Personal Injury Settlements Taxable?

Are Personal Injury Settlements Taxable?

No. In fact, personal injury settlements are one of the very few types of lawsuits that are actually tax-exempt. While the majority of lawsuit settlements are taxable, personal injury ones are not. No law firm or lawyer can say otherwise, regardless of the state you are living in.

For example, any Philadelphia personal injury lawyer will tell you that you do not owe the IRS anything if you happen to win a personal injury lawsuit and, consequently, receive compensation.

Non-taxable Lawsuit Settlements

There are a few types of non-taxable lawsuit settlements apart from personal injuries such as slipping and falling.

Most notably, car accident settlements come to mind. Law firms and attorneys will be clear with you from the very beginning in such cases.

Defining Pain and Suffering

Legally speaking, pain and suffering lawsuit settlements are not seen as income by the IRS. You can claim other items such as loss of wages, emotional distress, medical bills, attorney fees, and loss of consortium apart from the original pain and suffering and still remain tax-exempt.

These are not considered punitive damages in personal injury lawsuits. Both federal law and state laws make it clear that any proceeds from most of the claims involving a personal injury are not taxable, regardless of whether you settled before or after filing a lawsuit.

Your settlement is going to be completely tax-free in terms of physical injury where you have demonstrated “observable bodily harm.” That is not the case for emotional distress. You are more likely to be taxed for any settlements for an emotional distress lawsuit.

Punitive Damages

A personal injury lawsuit can become eligible for punitive damages. For example, if a breach of contract was your basis for the lawsuit and the breach of contract causes you the injury, the settlement will be considered income/punitive damage and, as such, will be taxed.

You are not completely lost in this case. Lawyers generally ask the judge to separate the verdict into both categories: punitive damage and compensatory damage. So now, though a portion of the total settlement will be taxed, a portion will be kept aside.

Getting the compensatory part confirmed by the judge is critical. This single-handedly allows you to tell the IRS that the specific portion was not punitive damage and cannot be taxed.

Personal Injury Lawyers

Looking for a Philadelphia personal injury lawyer? Personal injury cases are very different from other types of cases and can be a little more difficult than your average lawsuit.

It makes sense to check the track record and past success when you are looking for a law firm or attorney. Typically, law firms and lawyers specializing in personal injury cases might also specialize in one or two other fields. That is perfectly okay as long as they have a commendable track record in personal injury cases, like Philadelphia Injury Lawyers, P.C.

Philadelphia Eagles

Philadelphia Eagles

The Philadelphia Eagles are a football team headquartered in Philadelphia, Pennsylvania. They are a member of the National Football Conference, a division of the National Football League.

So far, the Eagles have won three NFL championships in 1948, 1949, and 1960. They’ve also won the Super Bowl, the most recent of which was in 2017. The Eagles were founded in 1933. The assets of the Frankford Yellow Jackets were liquidated and sold to a group of Philadelphia businessmen, culminating in a complete rebranding and restoration.

The Eagles’ Bumps on the Road

The Eagles battled a lot in their early years, as many new clubs do. In their first ten seasons, they rarely won any games. All of that changed in 1941 when management recruited head coach Earle Neale, who immediately went to work to improve the team’s performance and make it competitive. Coach Neale is frequently credited with putting together some of the team’s strongest lineups. Under his tutelage, Steve Van Buren grew into the superstar who led the Eagles to their first NFL championship in 1947 and consecutive victories in 1948 and 1949.

After a two-year winning streak, the club struggled once more. They spent most of the 1950s at the bottom of the league’s classification. By 1960, the Eagles had begun to turn the trend, with the aid of Norm Van Brocklin as their starting quarterback, Tommy McDonald as the undersized flanker, and Chuck Bednarik on defense, taking home the third NFL title by defeating the Green Bay Packers. While many thought the squad was looking for a great comeback, this was a one-time occurrence in a career that saw them endure over 18 seasons without a notable victory.

Victories Can Be Obtained Through Emotion

By 1976, head coach Dick Vermeil had arrived to flip the tables once more. The guy was known for his impassioned coaching approach, which electrified the Eagles while also connecting with the fans. The results were as clear as day, with the squad earning four consecutive playoff berths from 1978 to 1981. The pairing of Ron Jaworski as a quarterback and Harold Carmichael as receiver worked wonders in those days, owing to the intimidating presence of the receiver, who stood 6 feet 8 inches tall and was one of the tallest and widest athletes ever to grace the field in that era.

The team made it to the anticipated Super Bowl for the first time in 1981 but were beaten by the Oakland Raiders.

In 1999, the club shifted its strategy again more by signing coach Andy Reid, who quickly picked quarterback Donovan McNabb. From their second season in Philadelphia, the combination would lead the Eagles to eight playoff appearances in 10 years. In 2005, they also managed five NFC championship games and a Super Bowl game, but no victory. Until McNabb was moved in 2010, the coach and the star player had a tumultuous relationship. Michael Vick took over as the Eagles starting quarterback and led them to a division title.

Philadelphia Personal Injury Lawyer

Please contact our Philadelphia Personal injury law firm right now. For more than two decades, our Philadelphia Personal injury lawyer at Philadelphia Injury Lawyers P.C. has fought tenaciously for the rights of people and families throughout Philadelphia. To learn more, please contact us immediately by clicking on this link: https://philly-injury-law.com/

When to Hire a Personal Injury Lawyer

When to Hire a Personal Injury Lawyer

When you are wounded in an accident or as a result of someone else’s carelessness or crime, you should retain the services of a personal injury lawyer. A personal injury attorney assists you in obtaining compensation for your injuries.

Workers Compensation attorney Philadelphia defends your rights against aggressive insurance companies and major organizations who want to avoid compensating you fairly for your injuries and damages.

If you are unclear whether you require the services of a personal injury attorney, this article provides information to assist you in making that determination. If you wonder whether you should hire a personal injury, you can contact Philadelphia Injury Lawyers, P.C. for a free consultation.

Six Circumstances Indicate The Demand For A Personal Injury Attorney

Is there is a dispute over responsibility for the accident?

Accident victims must establish that their injuries were caused by the other party’s negligence, mistakes, or misconduct. For instance, if you cannot verify that the other motorist was at fault for your automobile or pedestrian accident, you will be unable to receive compensation for your injuries. If the other party contests blame, you should immediately contact a personal injury attorney.

Are you accused of participating in the cause of your injury?

While the other party’s insurance company may accept blame, it may assert that you contributed to the accident’s cause. For example, the insurance company may claim that you were speeding at the time of the motorbike accident. As a result, you share some of the blame for the collision, even though the other vehicle failed to give the right of way.

Are there many parties involved?

When many parties are involved in a personal injury lawsuit, employing a personal injury lawyer may benefit. Cases involving many parties include medical malpractice lawsuits, construction accidents, multi-vehicle accidents, and product liability claims.

Attorneys possess the required skills to address the extra challenges that arise in instances involving many defendants. While the parties debate who is accountable for your injuries, your lawyer builds a case on your behalf.

Have you suffered a traumatic injury or suffered a permanent disability?

Personal injury cases involving catastrophic injuries and persistent disability provide several unique challenges not encountered in other types of claims. For instance, if you become disabled due to a faulty product, you may require continuing medical treatment. You may be permanently unable to work.

Is the insurance company behavioral?

The other party’s insurance company has no interest in paying you for your injuries and losses. The corporation will do everything necessary to avoid paying you for your claim. As a result, some insurance firms deal with individuals in bad faith.

Is the claim associated with a government entity?

Suing the government for a personal injury claim is far more complicated than suing an individual for an injury. In many instances, governments are immune from responsibility. There are, however, exceptions.

Final Verdict:

The insurance company for the at-fault party employs a sizable team of specialists to defend it from liabilities. None of these individuals or organizations are on your side. The insurance company’s claims adjusters, investigators, and attorneys are all working against your best interests.

Nursing Home Negligence

Nursing Home Negligence

Philadelphia Personal Injury Lawyer

Typically, families don’t really take the responsibility to place an aging loved one in a nursing home or long-term care facility casually. They do so to ensure that their dear one obtains the medical support and attention that he or she needs. They do it to safeguard their loved ones from the negative consequences of declining mental or physical health. When you leave your loved one’s care to a nursing home, you want them to get high-quality care, have their needs fulfilled, and be treated with decency and respect. Sometimes, elderly persons in long-term care facilities may be neglected or abused. Whenever it occurs, it’s vital to figure out who’s to blame. That is when Philadelphia personal injury lawyers can help you.

What Is Nursing Home Neglect?

While both abuse and neglect are significant acts, they are not the same thing. The purposeful infliction of hurt, intimidation, or any punishment that causes bodily harm, anguish, or psychological trauma is defined as nursing home abuse.

Nursing home neglect is defined as a staff member’s failure to meet the facility’s quality of practice. It might be the consequence of shoddy hiring practices, a lack of employee training, or staffing shortages. Negligence is harder to see than abuse, yet it may be just as dangerous.

In circumstances of negligence, employees may be unable to:

  • Whenever assisting patients with mobility difficulties, follow all safety guidelines.
  • Whenever a patient asks for help, give it to them.
  • Include a secure, well-kept environment.
  • Ensure that you have enough food, drink, clothes, and shelter.
  • Assist with medical or dental needs.
  • Administer wound care as directed for injuries such as bedsores.

What Could You Try If a Nursing Home Isn’t Taking Care of You?

Whenever abuse or neglect occurs, it’s critical to act promptly and firmly to avoid future injury. The very first step is to notify facility management or officials of any incidents of neglect.

Following the filing of the original investigation, it may be necessary to seek legal guidance from a knowledgeable lawyer.

Nursing facilities can be held legally accountable for the harm caused to residents as a result of negligence through civil litigation. A wrongful death lawsuit can be launched when a person dies as a result of the nursing home staff’s actions or inaction.

What is the Best Course of Action?

If your close one has been the victim of nursing home neglect, abuse, or extortion, you have three options for legal action. The first is to ask an adult protective services organization to conduct a comprehensive inquiry. The second step is to approach the officials and file criminal accusations against the people accountable. The third option is to take civil action in the form of a lawsuit for abuse or neglect. This action is being launched in order to correct the situation and recover damages for injuries as well as unjustified anguish and suffering.

If you or a loved one has been abused at a nursing home, you may be eligible to bring a civil complaint against:

  • The one who is to blame for the abuse or neglect.
  • The facility’s owner for irresponsible recruiting and training procedures, failing to maintain a secure environment or failing to guarantee that the facility’s care followed industry standards.
  • If a vendor that provides the nursing home with employees or services is found to be culpable for neglect or abuse, the vendor is held accountable.

You may indeed be able to seek compensatory damages for your lost one’s pain by launching a complaint against the persons involved. You may well be able to impact meaningful change and avoid this sort of coverage from continuing to other nursing home patients by making this move and demanding the involved parties accountable. You are not only safeguarding and then doing the proper thing for your family, but you may also be assisting other families in avoiding more misery.

How To Talk To An Insurance Adjuster After A Car Accident

How To Talk To An Insurance Adjuster After A Car Accident

You must notify your insurance provider after an accident if your property is damaged or you are harmed. The other driver’s insurance company will also need to be informed. Insurance companies will contact you to set up a meeting with an adjuster as soon as they are made aware of the incident. When speaking to an insurance adjuster following an accident, you must avoid saying anything that might jeopardize your claim.

If you’ve received any injuries and need to get your vehicle back on the road, that’s where you should put your attention first. However, immediately after your vehicle accident, you’ll have to meet with an insurance claims adjuster, and you’ll need to know how to handle these meetings. If you’re not careful in your interactions with claims adjusters, the amount of money you receive may be considerably decreased.

Claims adjusters are not your friends; they work for the insurance company, which must be kept in mind at all times. Unlike a car accident lawyer in Philadelphia, their purpose is to get you the least amount of money possible. Various strategies will be employed to lower your ultimate payment amount. There’s no doubt that the claims adjuster will be kind and approachable, but they’re also skilled negotiators.

What Exactly is an Insurance Adjuster?

Investigators are insurance adjusters. They examine the accident and evaluate whether or not the insurance company is responsible for the losses. They examine the damage to your property, your injuries, and your insurance coverage. If the mishap has a monetary value, they’ll figure out what the insurance company should payout. Insurance adjusters aren’t your friends, so keep that in mind while dealing with them. The insurance company employs them, and their job is to safeguard the financial interests of the firm. As a result, they’ll do all they can to avoid paying a fair settlement amount.

How to Deal with an Insurance Adjuster’s Phone Call?

In some cases, you may have to file a report of your accident before you may employ an attorney. Insurance company representatives may also contact you regarding the accident. If this does occur, you must be prepared to handle the call. You can tell them about the accident in generic terms, such as:

  • Your full name
  • The names of those who were involved in the accident.
  • The accident’s timing and date
  • The place where the accident occurred.
  • The other driver’s insurance company
  • The make and type of automobiles used

It’s critical, though, that you stick to the facts and avoid extrapolation. Avoid talking about who is to blame or who was hurt.

Tell them you prefer a written statement if they inquire directly about what transpired. We’re here to assist you in this endeavor. When they ask for further information, you have the option of gently declining their request until you have secured legal representation.

Tips for Speaking with an Insurance Claims Adjuster:

Provide Your details:

The insurance adjuster will want to know your:

  • Full name
  • Contact details
  • The responsibilities you have in your professional capacity
  • Your timetable
  • Your earnings
  • Personal information about you and your family members

In the absence of an order from your attorney, you are not compelled to disclose this information to the public.

The Crash Investigation:

To gather as much information as possible regarding the accident, an insurance adjuster will likely call you. They might want to know what caused the accident. What kind of accident it was, where it took place, how many cars were involved will all need to be provided.

However, refrain from expressing an opinion on the cause of the accident. The insurance adjuster’s job is to safeguard the company’s interests. As a general rule, you should restrict what you say to them as much as possible.

Your Injuries’ Severity:

As soon as possible, the insurance adjuster will want to learn about your injuries. Insurers frequently adopt the approach of contacting accident victims as soon as possible to inquire about the degree of their injuries. Initially, the victim may not realize the full degree of their injuries or may even be on pain medication and not comprehend the questions or consequences of the situation.

It would help if you did not discuss the seriousness of your injuries with anybody beyond your attorney. You may forget something, misrepresent something, or uncover an injury that you didn’t account for when you offer information on your injuries. These blunders might be utilized to show that your assertions are inconsistent or that you are not as wounded as you look.

For the insurance company, your demand package is likely to contain a detailed description of your injuries. For now, you should merely provide a broad description of your injuries or say that you are currently undergoing therapy.

Inquire About Your Health Records:

Medical records can be obtained on your behalf when you sign a blanket medical release form, which the insurance adjuster may ask you to sign. On the other hand, these documents are frequently created to be far more comprehensive than is required. Attorneys typically request medical records and supply the adjuster with necessary copies.

Make a Statement that is Recorded:

If you have an insurance claim, you may be asked to make a recorded statement or record your phone call. There is a problem with this. It is against the law to record your discussions without your consent, and you have no legal responsibility to accept this.

You may omit something essential or say something you didn’t want to convey. Your lawyer’s written letter will likely be more exact and correct than your conversational declaration. It’s also possible that you won’t be able to go back and fix something you stated during an audio recording.

What to Avoid Telling Your Insurance Agent?

Sharing basic information is OK, but discussing particular specifics might jeopardize your case. Among the more dangerous subjects:

  • What caused the incident
  • Who was responsible for the accident
  • What you were doing before the accident
  • Any physical ailments you may be suffering from
  • Any additional accident, injury, or damage details

How an Attorney Can Help:

Our law firm will handle all interactions with the insurance company on your behalf. We will make sure that they aren’t pushing you into saying something they may use against you later by asking you difficult questions. Protecting your rights and preventing the insurance companies from bullying you into accepting a lowball offer are the responsibilities of Philadelphia Injury Lawyers, P.C.