Tag Archives: Philadelphia Personal Injury Lawyer

All About Contingency Fees Explained

All About Contingency Fees Explained

Consider the scenario in which you get catastrophic injuries resulting from an automobile accident that was entirely your responsibility. You’re taken to the hospital in a life-or-death situation and put back together by surgeons. You have no idea if or when you’ll be able to return to work. It’s becoming increasingly difficult to keep up with the mounting medical expenses. You’re behind on your mortgage, bills, and vehicle payments, and you’re stressed out about it. How on earth are you going to pay for an attorney at this point? It’s not complicated at all. Using the services of a personal injury lawyer to defend you has no up-front or ongoing charges for you. The service is free, to begin with. Personal injury attorneys in Philadelphia are here to answer any questions you may have about costs contingent on your successful case.

Legal contingency fees: what are they?

To put it simply, a contingency fee is an amount of money that an attorney receives if their case succeeds. Personal injury claims sometimes involve legal contingency costs. Contingency costs, as opposed to hourly fees, are only due if your case is successful. However, this might vary from case to case. A lawyer’s contingency fee is typically one-third of the total damages awarded, or verdict received. It’s usually a good idea to talk to your lawyer ahead of time about the specifics of your contingency fee arrangement.

What is a contingency fee agreement?

A contingency fee agreement is nothing more than a payment plan that enables an injured party seeking legal redress to acquire legal counsel from a lawyer, regardless of whether they have the financial resources to pay the lawyer in the early stages of a case or not. When you hire a lawyer on a contingency basis, they agree to take a certain percentage of the damages award they get, which is the money they pay you. A contingency fee agreement stipulates that any fees will only be paid if and when a successful settlement to the case is reached and financial compensation is collected, instead of paying an upfront charge and having extra fees due at particular points along with the legal procedure.

If you and your lawyer disagreed on a contingency fee in advance and you lose your case, you will owe nothing.

What is a lawyer’s typical contingency fee?

Relatively to a set fee, attorneys typically charge a percentage of the case’s final settlement. When a case settles without going to court, the average personal injury lawyer charges 33%; the average personal injury lawyer charges 40% when it goes to court. The typical legal cost for an employment lawyer is 40%.

Which kind of lawyers works on a contingency basis?

Depending on his profession, almost every lawyer can work on a contingency fee basis. However, it is solely intended for use in a civil action. This type of payment agreement is not permitted in criminal proceedings. Personal injury attorneys that do not charge their clients until they win are more likely to accept a case on a contingency basis. Large businesses and medical malpractice actions might result in award amounts exceeding $100,000 in personal injury settlements. Using the previous example, a lawyer would be left with $50,000 after charging a contingency fee of 33 percent on $150,000. The money comes immediately out of your settlement when it is received. Attorneys offer contingency fee agreements to clients whose cases appear likely to succeed based on their risk assessment and how much effort it would take to win. The lawyer’s time and resources will not be well spent if he spends more on operational procedures, deposition fees, and other charges than earnings.

How much does a contingency fee agreement cover in terms of fees and expenses?

Personal injury attorneys often cover case fees and expenditures. When the lawsuit is over, the client’s portion of the settlement or judgment will be reduced by the entire sum of the charges and expenses. A personal injury lawyer has the unusual option of charging a client once costs and bills are due.  In the course of personal injury litigation, prices included are:

  • Records of medical treatment
  • Fees for expert witness
  • Reports from the police
  • Fees for submitting documents
  • Postage
  • Investigators
  • Depositions
  • Transcripts
  • Exhibits in court

Contingency fees may be deducted from your taxes:

There are so many ever-changing factors that it’s impossible to come to a definitive decision unless all the facts of a specific case are thoroughly examined. You should consult an expert accountant or tax lawyer about contingency fee tax deductions because rules differ by state and federal jurisdiction.

The tax regulations are a little more evident when it comes to settling a case. The whole settlement amount is not taxed if you receive it as compensation for personal bodily injuries or physical illnesses. You did not claim an itemized deduction for medical costs in previous years. However, the Internal Revenue Service (IRS) advises against including settlement money in your taxable income.

Cons of a Fee-On-Cash Agreement:

If you don’t have the cash on hand to pay an attorney upfront, the no-fee policy is an excellent option. However, there are certain disadvantages.

  1. First, if you pay an attorney on a contingency fee basis, they may get paid more than if you paid them by the hour. It is especially true in circumstances where the solution may be found with a few phone calls and written correspondence.
  2. Attorneys may be reluctant to accept a less-promising case even if it has a probability of victory since they lose nothing if you lose your case.

Where Can I Find a Local Contingency Lawyer?

A Philadelphia personal injury lawyer may help you with your employment, civil, or individual injury case. Another option is to go to the website of the state bar organization in your state for further information. Go to your county’s or city’s website to get a list of attorneys in your region.

If you know of someone who has gone through a similar situation to yours, reach out to them and ask for the name of their lawyer. Other lawyers may recommend you to someone who can help you out of kindness.

Getting the legal assistance, you require does not have to drain your financial account or add to your already high level of anxiety. When you hire a lawyer on a contingency fee basis, you access the whole legal system. Click here to contact our office if you have any concerns or queries. If you need our assistance, don’t hesitate to contact our law firm.

Why You Should Utilize A Free Consultation

Why You Should Utilize A Free Consultation

Many consumers use search engines like Google, Bing, or others to find a law firm that specializes in the type of legal work they require or one who is nearby when they need legal assistance. Although initial consultations are usually free, there is a limit to the amount of information you may obtain from a potential lawyer during one. In this article, Philadelphia Injury Lawyers P.C. explains why you should take advantage of a free consultation.

What Exactly is a Legal Consultation?

It is an opportunity for potential clients with legal issues to speak face-to-face with an attorney and explore their options. Discussions on the specific sort of legal aid you require might take place here. For whatever reason, whether it is a real estate or DUI or other civil, business, personal injury, or family law concern, now is the time to tell the lawyer what it is that you need help with.

The lawyer will question you about your legal needs throughout the meeting. Here is a quick overview of what you need. However, you must keep your statement as simple as possible.

What Purpose Does a Legal Consultation Serve?

Based on your needs, many lawyers give both free and compensated consultations to their clients. However, it’s important to realize that attorneys won’t offer legal advice unless they’ve been engaged by the person seeking it. For various reasons, including those imposed by their malpractice insurance carriers, attorneys do not provide legal advice without first being engaged.

If you have a particular legal question that you hope the attorney will answer in the consultation and do not expect to require more work, the attorney will charge a minimal fee for the consultation. In some situations, you’ll pay a consultation fee in advance and get answers to your legal issues after the meeting.

Most other consultations are completely free. For example, whether you’re considering hiring an attorney, a free consultation isn’t to provide you with legal advice but rather to let you decide if you want to work with them and let them know if they can assist you in achieving your legal goals.

How is an Initial Consultation with a Lawyer Conducted?

During your first meeting with the lawyer, they will likely ask you to summarize the legal issue you need assistance with. A concise description is all the attorney needs at this time, not the entire tale. The attorney will ask a series of questions to find out:

  • The type of legal problem you’re facing
  • Choices available to you in the legal system
  • To what extent an attorney will be able to help you
  • You’re chances of success
  • The time and money it will take to reach your goals

Attorneys attempt to avoid going into more detail than is required at this time in the case. Even if you decide not to engage an attorney after the first appointment, more fact collecting will occur if you do. As soon as your lawyer gets a firm grasp on the facts of your case, they will inform you of your legal alternatives, the likelihood of your success in attaining your objectives, and the likely cost.

The lawyer will typically inform you of the next stages in your case and provide you with an estimate of the cost, either in terms of a flat fee or a percentage of the final settlement. A retainer serves as a payment to the attorney as a down payment.

It is an excellent opportunity to ask the lawyer any questions you may have, such as regarding their previous experience with situations similar to yours. In general, attorneys won’t answer specific legal questions until you engage them. Still, they may answer basic legal inquiries to help you decide whether or not to proceed with your case in the future.

What is a No-Obligation Legal Consultation?

Victims of personal injury accidents frequently believe they cannot sue the responsible party because they lack the financial resources to do so. As lawyers, we recognize that when you contact us, you are facing a difficult financial situation.

In order to help people, we provide free consultations. Visiting our office, telling us about your situation, and asking us all the questions you want are all welcome. If you decide not to work with us, you are under “no obligation” to do so. Even if we gave you a free consultation, you’re under no obligation to hire us if we didn’t think we could help you.

If you hire us after our free consultation, we will not be paid unless and until we win your case, like many other personal injury firms that work on a contingency fee basis. Unless we win your case, you owe us nothing.

What is a Paid Consultation for Legal Advice?

Paid legal consultations are designed to address your particular legal questions and take action on your behalf. An attorney-client relationship is formed between the client and the attorney during paid appointments. The drafting or review of a contract, filling out our legal forms, and obtaining case-specific information you require on particular alternatives and actions for your situation may all be accomplished with the help of a paid legal consultation.

Unless you’re looking to hire an attorney for a long-term project, you may expect to pay a minimal price for a consultation with an attorney who will answer your questions in return for payment.

How to Choose the Right Attorney?

The relationship between an attorney and a client is crucial. As a result, you must work with an attorney with whom you get along and have confidence. When choosing an attorney, consider the following factors:

  • Verify that the lawyer knows the area of law in which you want assistance;
  • Look for a lawyer who is approachable and doesn’t speak down to you or use legalese while communicating with you; and
  • Choose an attorney who will be honest with you about your chances of success and the accompanying costs—do not employ someone only interested in making you happy.

Do you have a legal issue that you need help with? Experienced lawyers at Philadelphia Injury Lawyers P.C. can help you. Read on to learn more.

What To Do After Getting Involved in a Bike Accident

What To Do After Getting Involved in a Bike Accident

Accidentally colliding with another vehicle while riding is something that the majority of people have never done before. It’s more probable that you’ll incur broken bones or see blood from wounds or scrapes in a bike collision than it is in the majority of vehicle accidents. Maintaining one’s composure and rational reasoning when confronted with such an event is difficult.

Whether for recreational purposes on the paths or for serious training on the roads, cycling will expose you to some risk. Accidents involving bicycles are generally minor inconveniences such as abrasions and scratches, but they may be life-threatening ordeals in rare instances.

When bikes and automobiles are engaged in an accident, it’s a scary experience. The fact that automobiles are rarely involved in bicycle accidents is convenient. If you were the one who was riding the bike at the time of the accident, Philadelphia personal injury lawyer could be a great help to you.

When it comes to compensation for your injuries and bike damage, it’s conceivable that what you do immediately after the accident will significantly impact the amount of compensation you receive. Furthermore, it may influence any legal proceedings that may develop as a result of the incident. To finish the work at hand, follow the procedures outlined below.

Wait Until the Authorities Come Before Taking Any Action

You must wait for the police to arrive on the scene before making a police report, even if you do not feel you have been injured. Several riders may not realize they have been injured until several hours after the collision has occurred. Even seemingly insignificant injuries might have life-threatening consequences in the long term. If accident victims fail to report the incident, they may never find out who was at fault.

Not attempt at all to come to a mutually beneficial deal with the taxi driver. Many drivers express regret and accept responsibility at the outset of an accident but afterward claim they were not at fault or even denied being involved in it. It is not an unusual occurrence. Maintain your composure and wait for law enforcement to come so that they may begin taking notes for the report. Another advantage of waiting for the police is that if the officers issue a ticket to the driver, it will aid you in settling your insurance claim with the company.

Your Version of Events Should be Used to Fill in the Blanks in the Accident Report  

In several instances, the police would speak to the driver while completely ignoring the rider. Take any steps necessary to ensure that your version of events is included in the police report. And don’t forget to report all injuries, no matter how little they appear to be at the time. It’s important to remember that even seemingly minor injuries can develop over time.

If the police refuse to include comments from witnesses in an accident report, there are processes to have the report amended by a judge.

Obtain the Names and Telephone Numbers of the Driver and Eyewitnesses

If you can, get the other driver’s name, address, phone number, driver’s license number, car license number, and insurance information. Attempt to hunt down the names and contact information of everyone who saw the incident and provide them with assistance. Please don’t make any inferences based on the police report because it may not have all this information. The assistance of bystanders might be invaluable if you are injured and unable to collect this information on your own.

Keep a Record of Everything That has Happened

Try to recall as many specifics as you possibly can about the accident, such as the events that led up to it, what you were doing at the time, where you were, and what the weather conditions were like at the time. It would help if you jotted down all of the facts you could get as soon as possible.

Take Photographs of Your Injuries and Keep a Record of Your Treatment

It is essential to seek emergency medical attention even if your injuries appear to be minor. If you go to the hospital to get checked out, you will have medical documentation to indicate how badly injured you were. Obtain some pictures of your injuries as soon as possible after the event to serve as proof of your injuries. Keep a journal of your physical symptoms and update it regularly to keep track of your progress.

Keep a Detailed Record of Evidence

Never attempt to repair or get your bike or other damaged property examined yourself. Leave the situation as it was following the collision. Your clothing should not be washed in the washing machine. Additionally, only your attorney should have access to your bicycle, helmet, and other protective equipment. Take photographs of the gadgets that have been damaged.

Consult with Expert Attorneys:

Motorcycle car accidents are not prevalent, and they can include complex legal issues. It is possible that you have been hurt in a bicycle accident and that you need to consult with a personal injury attorney who specializes in bicycle accidents. An attorney of this sort can do the following:

  • Make recommendations on what you should do next
  • Get into discussions with the insurance companies
  • Serve as your legal representation if you are sued

Before communicating with the insurance company, you should consult an attorney. The insurance company may use anything you say against you in the future. By submitting a letter to the insurance company from an attorney, you can prevent dealing with legal issues. It is a fact of life that most personal injury lawsuits are settled outside of court.

If the circumstances warrant it, your lawyer or law firm may be able to get the services of a bike accident specialist to conduct an investigation. They could collect measurements from the skid tracks, take photographs of the site, speak with additional witnesses, or measure and draw the accident scene, among other things.

If you have been involved in a bike accident, Philadelphia Injury Lawyers P.C. can help you. Contact us for a free consultation.

A Comprehensive Guide to October 11 and Indigenous People’s Day

A Comprehensive Guide to October 11 and Indigenous People’s Day

Although Indigenous Peoples’ Day has been proposed as a substitute for Columbus Day for many years, the idea never gained widespread acceptance. Indigenous Peoples’ Day has gained unprecedented support in recent years, thanks to growing public awareness of European invaders’ atrocities against Native Americans and indigenous people in what would become the United States. Here, Philadelphia accident attorneys explain the significance of Indigenous Peoples’ Day and why some believe Christopher Columbus, the man often credited with discovering the Americas, deserves to lose his holiday. To learn more about the origins of Columbus Day, keep reading.

History of Columbus Day:

In 1492, Christopher Columbus sailed the oceans blue, as the ancient rhyme goes. Unquestionably, this is correct. However, a lot of the “history” that surrounds Columbus is incorrect: He did not find America (and never even arrived in North America), and most people believed the Earth was round before he even set foot on it.

First celebrated in New York City to commemorate Christopher Columbus’ 300th anniversary of the landing and honor Italian American history in 1792, Columbus Day did not become a federal holiday until the Knights of Columbus exerted political pressure on President Franklin Delano Roosevelt in 1937. The holiday was moved to the second Monday in October in 1972 by then-President Richard Nixon.

What is Indigenous Peoples’ Day?

Indigenous Peoples’ Day, honor indigenous people and their contributions to history and commemorate those who perished in genocide and Western colonialism. It also serves to remind us that Native Americans were on these shores long before European immigrants arrived. Indigenous Peoples Day was proposed as a replacement for Columbus Day at the United Nations International Conference on Discrimination Against Indigenous Populations in the Americas.

Every year, on the second Monday in October, Indigenous Peoples’ Day is celebrated on the same day as Columbus Day. Indigenous Peoples Day in the year 2021 will be celebrated on October 11.

History of Indigenous Peoples’ Day:

In 1977, during a United Nations meeting against discrimination, the initial seeds of Indigenous Peoples’ Day were sown. In 1989, South Dakota became the first state to declare a holiday in honor of the occasion. Santa Cruz, California, and Berkeley, California, also followed suit.

Up until 1937, the holiday was still known as Columbus Day. Still, many now refer to it as Indigenous Peoples’ Day in honor of the vibrant Native American culture and way of life that it commemorates.

Because it celebrated 500 years of colonial torment and tyranny by European explorers and those who settled in America, Columbus Day was always bittersweet for Native Americans. Indigenous Peoples’ Day serves as a reminder of the suffering, trauma, and unfulfilled promises Indigenous Peoples endured from Columbus Day celebrations. Thousands of years before Columbus, the indigenous people lived in prosperous, self-sufficient societies.

Every year, more states, municipalities, and cities join the campaign to have Columbus Day renamed Indigenous Peoples’ Day instead. The wonderful customs and cultures of the Indigenous People not just in America but all around the world are celebrated on Indigenous Peoples’ Day. We can learn a lot about living more sustainably from their way of life and culture.

Indigenous Peoples’ Day is observed by 14 states and the District of Columbia on October 11 instead of Columbus Day. More than 130 towns and localities in the United States observe Indigenous Peoples Day, including Arlington, Amherst, Cambridge, Brookline, Marblehead, Northampton, Provincetown, and Salem.

Which States Celebrate the Indigenous Peoples’ Day?

First recognized in 1990, Indigenous Peoples’ Day has been observed by cities and towns across South Dakota for decades. Indigenous Peoples’ Day is celebrated in the following states:

  • Alabama
  • Alaska
  • Hawaii
  • Idaho
  • Maine
  • Michigan
  • Minnesota
  • Oklahoma
  • Oregon
  • S.D. South Dakota
  • Vermont
  • The District of Columbia.
  • Wisconsin

How to Celebrate Indigenous Peoples’ Day in 2021?

To be clear, October 11 is either a federal holiday where I reside or not. What matters is that you commemorate the Indigenous peoples of America by doing the following:

Watch a Documentary:

As a result of Indigenous Peoples’ Day 2021, you’ll have a fantastic opportunity to learn more about American history and the negative impact colonialism has had on Indigenous peoples. Reconsider Columbus Day or Columbus: In His Own Words, two documentaries on Christopher Columbus might help.

Send a Letter to Your Local Elected Officials:

Several states, such as Alabama, Iowa, Louisiana, Michigan, Minnesota, and others, continue to observe Columbus Day, while others commemorate Columbus Day and Indigenous Peoples’ Day. Taking action against the Columbus Day celebration in your state may be as simple as talking to local legislators and letting them know your thoughts. If you’re celebrating Indigenous Peoples’ Day, send a letter to your city or county administration, email, share a social media post, or join a petition to oppose Columbus Day celebrations.

Attend an Indigenous Peoples’ Day Event in 2021:

On October 11, 2021, celebrations will take place around the country to celebrate Indigenous Peoples’ Day. A two-day conference with speakers and entertainment will be held on Randall’s Island in New York City on October 10 and 11, 2017… Indigenous Peoples’ Day in Boulder, Colorado, is a weekend-long celebration that includes community talks, film screenings, forums, panel discussions, and virtual activities. Investigate what events will be taking place on October 11 in your city or town so you can participate responsibly.

Investigate Indigenous Artistic Expressions:

Whether it is literature, music, or photography, art may be a beautiful and emotional method to learn about Indigenous people. To learn more about Indigenous artists, listen to this PBS collection of Native American musicians or read Indigenous novelist Tommy Orange’s “There There” The Denver Art Museum, one of the first in North America to collect Indigenous art, is another option.

Support Indigenous Communities by Giving Donations:

This year, consider giving some of your time or money to an Indigenous group as a positive way to celebrate Indigenous Peoples’ Day 2021. Make a list of local non-profit organizations that help Indigenous people and donate the one that speaks to you the most strongly. Several examples are the Native American Rights Fund (N.A.R.F.), which defends Indigenous rights and resources, and the Redhawk Native American Arts Council, a non-profit Indigenous arts and culture organization.

The Significance of Indigenous Peoples Day:

  • It pays respect to those who came before us:

In honor of the indigenous people who lived in North America thousands of years ago, Indigenous Peoples’ Day is observed.

  • There is the acknowledgement of indigenous cultures in it:

Indigenous Peoples’ Day celebrates the rich indigenous cultures, customs, and lifestyles found throughout the world.

  • It supports the indigenous population:

For today, we show our solidarity with and support for indigenous people everywhere. To that end, we should lend a helping hand to those making investments in and improving indigenous communities.

Philadelphia Personal Injury Lawyers is a law firm that believes in inclusion, acceptance and diversity. If you have suffered personal injury or been discriminated against, get in touch with an experienced lawyer for a free legal consultation here https://philly-injury-law.com/.

Common Construction Accidents and How to Prevent Them

Common Construction Accidents and How to Prevent Them

More workplace accidents occur due to construction than any other industry in the United States. A lot of these accidents are caused by recklessness. After an accident, you’ll want to talk to a construction accident lawyer, but trying to avoid accidents will help the most. It’s vital to know what kinds of hazards your workplace poses and how to avoid getting hurt.

In the United States, around 20 percent of all work-related deaths are attributed to the construction industry. Given the severe figures presented, every major participant in the building business has to be made aware of the dangers that exist and the options for lessening those risks. Employees must learn about their rights to compensation for injuries to avoid injuries in the first place.

Construction has a history of being dangerous. Workers and employers alike should be alert to possible dangers.  After you’ve been hurt on the job, speak with an attorney who specializes in workplace injury claims. To learn about workplace dangers, it is essential first to understand risks like injuries and illness.

Injuries And Accidents Connected to Different Types Of Construction Work:

Other injuries and diseases that often occur as a result of construction incidents include:

  • Damage to the shoulders, knees, and joints
  • Shattered bones and fractures
  • Wounds and other damage
  • Finger, toe, arms, and leg amputations
  • Injury to the eyes
  • Burns including chemical burns, electric burns, fire, or explosions
  • Hearing loss because of consistently loud noises or abrupt noise
  • Traumatic brain injuries, which include concussions
  • Death

Common Construction Site Accidents and How to Prevent Them:

If construction procedures aren’t followed, it becomes a hazardous line of work. Nearly 20% of private-sector worker deaths in the US come from the construction industry.  Construction site accidents may occur because of a range of reasons, some of which are listed below, along with some ways to avoid them:

A Descent From The Heights:

When building something, most tasks require heights like roofing, ladders, and scaffolding. A lot of construction injuries happen when workers fall, and this can result in significant damage. It is the responsibility of managers and owners to provide trained employees to install climbing equipment like ladders and scaffolds safely. They must be examined before each day to confirm that they fulfill safety regulations and are fully functional.

  • Mishaps, Slips, and Trips:

One frequently sees a building site with supplies, tools, and garbage strewn about. Workers have the potential to trip and injure themselves on the barriers, causing lost time at work. To avoid falls at the building site, it is critical to ensure that the workspace is kept free of clutter. In addition, management should ensure that the building stays dry so that any people using it can’t slide or trip.

  • Electrocution:

There will always remain a project’s leftovers—exposed cables, broken power lines, or malfunctioning machinery—until the project is done. That defective equipment and power cables might lead to electrocution. Electrocution may lead to deadly injuries, and unfortunately, these injuries are prevalent.

To reduce the chances of an electrocution accident, site supervisors should ensure that any exposed wires or locations with high voltage are adequately identified and fenced off. In addition, to reduce the risk of electric shock, all tools must be kept clean and operational.

  • Debris Falling:

At a construction site, employees are at risk of getting hurt by materials, equipment, and other objects that fall from great heights. In some cases, falls can cause severe injuries, depending on the size of the falling thing.

Workers are often vulnerable to falling objects and risk getting injured or even killed. Installation of safety nets that capture or slow down falling objects is one approach to reduce these dangers. Also, companies must make sure they equip employees with protective headgear and footwear to defend against anything falling on them.

  • Overexertion:

Construction is physically rigorous and exhausting, and construction workers are vulnerable to overexertion injuries. Because the job requires moving important things or doing monotonous activities, it is essential.

Workers should have the proper equipment, so they don’t injure themselves by working too hard. They might get a back brace to help them with heavy lifting or use ergonomically designed equipment to do tedious jobs. And, when doing repetitive activities, employees must have regular pauses.

  • Faulty Equipment:

Accidents caused by faulty machinery may be pretty dangerous in construction. Avoiding faults by employing regular maintenance is an effective method of staying safe. Ensure equipment has been maintained before usage by checking the maintenance journal. Keeping everything in good shape keeps everything up to code, extends the usable life of tools, and generally carries everything in good functioning order.

A brief examination and a walk-around are things to perform before beginning to use machinery. Any flaws or risks will show up here. Fault finding on defective equipment accident cases may be time-consuming. It’s essential to have the proper training to spot problems and conduct inspections before using the equipment.

  • Toxic Chemical Contact:

Corporations (both private and public) are liable for ensuring their employees are trained in occupational health and safety. Employees must take hazard communication and material safety data sheet training for their jobs that might put them in danger of coming into contact with hazardous substances.

Chemicals should be well labeled and easy to access, as well as available in the workplace. For chemicals like an eyewash station, mandatory safety equipment is necessary. Legal protection is provided through legal counsel and OSHA regulations after chemical exposure.

How Can a Construction Accident Lawyer Help?

Workers injured on the job must often submit a workers’ compensation claim. The system offers medical care and financial support to workers while they heal at home from their accident.

Workers may sometimes have to file a lawsuit to be compensated for injuries, but an injured worker can rely on their employer for compensation in some conditions. For instance, you may have a limited ability to get payment and reimbursement for your injury, or your claim may be rejected altogether. If that occurs, you may have to get your claim appealed.

When you’re injured, you might incur tremendous costs, such as time away from work, medical expenses, and other headaches. You should consult with a lawyer or a law firm before doing anything else, including trying to settle by yourself. This one action can benefit you much in your recovery and provide you a greater chance of getting compensation by putting you on an equal footing with the party at fault.

Have you suffered a construction-related injury? Do you know what legal help you can get? Contact the construction accident attorneys at Philadelphia Injury Lawyers P.C. for a free consultation.

Covid-19, Nursing Homes and Federal Regulation

Covid-19, Nursing Homes and Federal Regulation

As covid-19 ravaged nursing homes, it killed 184,000 elderly and disabled patients as well as their caregivers. The U.S. Senate is considering a measure to modernize government rules and supervision of these institutions. ‘The Nursing Home Improvement and Accountability Act’ was proposed by six Democrats, including Oregon Senator Ron Wyden and Scranton Senator Bob Casey.

Covid-19 infections are on the rise throughout the nation, more so now due to the highly infectious Delta variant. Nursing facilities may not be fully equipped to deal with the spread of the virus or deal with its impact on the health sector, thus compromising the health of those in need of care. In the event of such negligence, a personal injury attorney is the best option.

Staggering Death Toll:

A spike in illnesses in early 2020 sheds attention on nursing facility staffing shortages and infection control problems, particularly at Brighton Rehabilitation and Wellness Center in Beaver County, where the first outbreak occurred. To help the personnel at the huge 589-bed hospital, Pennsylvania Governor Tom Wolf called in National Guard troops. More than 70 people died in the community. As it turned out, the coronavirus had spread across the whole facility.

Even though Brighton had more covid-19 fatalities than any other nursing home in Western Pennsylvania before vaccinations were available late last year, few institutions could avoid infection. Covid-19 fatalities accounted for more than half of Pennsylvania’s 27,957 deaths in long-term care institutions — 13,434 among residents of nursing homes, and 1,894 among residents of personal care and assisted-living facilities

In many states, such numbers were the norm rather than the exception. In June, the New York Times reported that nursing home patients accounted for 31 percent of the nation’s covid-19 fatalities, even though just 4 percent of the nation’s covid-19 cases were among nursing home patients.

Why Nursing Homes?

Zack Shamberg, the Pennsylvania Health Care Association’s president and CEO, said it’s a significant problem. The association represents more than 200 Pennsylvania nursing homes and 200 assisted living and personal care facilities.

Despite this, his organization has reservations about some sections of the law that have been proposed. According to the association, patients must not be required to sign agreements waiving their legal rights when they are accepted to nursing homes.

When it comes to long-term care in Pennsylvania, “banning arbitration agreements would mean that more and more money would go to trial lawyers instead of bedside treatment,” Shamberg said. Additionally, state authorities are mandating vaccination of employees in nursing homes to enhance infection prevention.

According to the Centers for Disease Control and Prevention, nursing home patients with COVID-19 are five percent more likely to suffer than someone of the same age who lives at home. About 33 percent of COVID-19 fatalities occur in nursing homes and other protracted care settings. Nursing homes and other long-term care institutions have lost almost 163,000 residents and staff.

Quality control problems existed at many facilities even before the epidemic hit. In February 2020, State Survey Agencies penalized more than 6,600 nursing facilities (almost 43 percent) for prevention and treatment program inadequacies, including a lack of a corrective plan in place, according to the Health and Human Services Office of The Inspector general.

 Due to a lack of resources devoted to required requirements for efficient preventive and control programs, the nursing home sector was ill-prepared after the COVID-19 epidemic, sometimes to fatal results. More than 80,000 people live in nursing homes in Pennsylvania, which have more than 700 facilities.

As part of their custodial care, nursing homes offer primary medical care that isn’t accessible at home or assisted care centers. Other services provided by most nursing homes include post-acute-surgery care, behavioral and mental care, treatment of complicated comorbid illnesses, such as respiratory and kidney ailments, and wound care. Consequently, managers (and an often undertrained staff) are forced to do far too many duties to provide adequate care for these residents with complicated and severe illnesses.

“Skilled care” residents get reimbursements from Medicare, managed-care organizations, and insurance companies at a cost that’s three to ten times more than custodial care.

For example, the COVID-19 spikes in April and mid-December prompted hospitals to decrease the number of surgeries and hospital admissions for critical care, which substantially reduced reimbursements for nursing home residents at higher skilled-care rates. Homes were falling into financial ruin as a result of this cutback.

As of late spring 2020 and into this year, “provider relief” funds totaling about $10 billion helped slow the financial collapse. In addition to the burden of significant non-operational payments made to landlords, investors, operators, real estate companies, and management firms, this financing is just a short respite and not a long-term remedy to decreased income.

How to Regulate Improvements?

The nursing home business is prone to managers and owners that prioritize money above excellent care. Making money is neither unlawful nor immoral. Siphoning money “knowingly” leads to government demands for payment for treatment that was never provided, or was severely negligent, which is a criminal offense. However, this can be improved.

Recommendations:

First of all, Medicare and Medicaid, and other funders must connect facility payment to quality of treatment and safety while adequately financing enforcement of the law. There is a pressing need for federal, state, and local organizations working with providers to develop a plan that identifies the poorest performers in the sector and expedites their removal from government programs when reasonable efforts at compliance have failed. The state’s installation of monitors is an essential solution. By appointing interim administrators, authorities may oust owners who have demonstrated irresponsible disregard for vulnerable people.

A secondary recommendation is that governing bodies give more money for custody care. COVID-19 has worsened ongoing nursing home staffing issues, which must be addressed. According to the Biden administration’s 2021 Economic Recovery Plan, government money must be given to pay at-home and community workers a fair salary, train them, and provide caregivers and patients with medical services and equipment to support their care. Increasing federal financing and expanding state programs will be necessary to provide a safe and excellent care home option.

According to the Pennsylvania Department of Health, nursing home licensing rules are being rewritten. It is an excellent chance to support nursing home patients who deserve respect and dignity. Priority one is to provide the best possible care.

How Can our Personal Injury Law Firm Help?

Covid-19 has led to further inspection and proposition of regulations concerning the nursing facilities. If your loved one has suffered due to the negligence of a nursing facility, you can get in touch with the attorneys at Philadelphia Injury Lawyers P.C. for a free consultation to determine the best legal path you can choose.

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 in 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 at 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.