Philadelphia Personal Injury Lawyer Blog

If you are involved in a personal injury lawsuit you simply should not post personal information online.  Even though most social networking sites give users control over their privacy settings, posting this information creates unnecessary risks that may damage your case. 

In the lawsuit, a woman sued an office furniture company, Steelcase, claiming she was seriously injured after falling off a Steelcase chair.  Steelcase argued that the woman's Facebook and Myspace postings

"reveal[ed] that she has an active lifestyle and can travel and apparently engages in many other physical activities inconsistent with her claims in this litigation." For example, Steelcase said Romano's public profile on Facebook depicted her "smiling happily in a photograph outside the confines of her home despite her claim that she ... is largely confined to her house and bed."

The judge ordered the information turned over stating that it is "reasonable to infer from the limited postings on Plaintiff's public Facebook and MySpace profile pages, that her private pages may contain materials and information that are relevant to her claims or that may lead to the disclosure of admissible evidence."

On Tuesday, I was summoned for jury duty, along with several hundred others, for what could only be described as a day of sitting and waiting.  At  8:15 a.m., I reported to the Criminal Justice Center where I filled out a juror questionnaire.  From there, I waited.  Around 10:00 a.m., my name was called and I was assigned a jury pool.  We then went to our courtroom, and we waited. 

For the remainder of the day, attorneys for the plaintiff and defendant interviewed 25 of the 30 jurors in a process known as voir dire.   During voir dire, prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury.  This questioning lasted from around 10:30 A.M. until 3:30PM (with a break for lunch) when finally, a jury was selected, and we were released for the day.

As a trial attorney, I wanted to use this opportunity to learn what is going through the minds of potential jurors so I could later apply this knowledge to my practice.  Here are some general observations I made:

- Jurors, in general, are not happy to be there.  The most common conversation topics that took place in the panel included:  1) I am so sick of waiting, how long is this going to take?  2) I hope they don't pick me, how can I get out of this?  3) Can you believe we only get $9 a day?;

- Jurors, even if they are annoyed to be there, are curious about what's going on;

- Informed jurors have more patience for the process;

- Jurors notice what counsel is doing, how they act, and their manners;

- Jurors make observations and form opinions about the plaintiffs and defendants prior to trial.

The Takeaway:

By far, the most important takeaway of the day was that you cannot thank the jury enough for their time.  Even the most uninterested and annoyed jurors became more hospitable when genuine thanks was given.  An attorney that shows he appreciates a juror's time and service will gain respect from the jury which will benefit his client.  Counsel can use voir dire as an opportunity to develop a rapport with the panel and set the stage for a more receptive jury. 

Continue reading "My Personal Experience with Jury Duty in Philadelphia County" »

An elderly driver reportedly lost control of his vehicle and then barreled into a Burger King around 3PM Monday afternoon in Center City, Philadelphia.  Seven people were injured, including two seriously.

The red sedan veered onto the sidewalk on Eighth Street just south of Market Street and plowed into the fast-food restaurant around 3 p.m., police said.  The sedan was traveling south on Eighth when it suddenly smashed through the brick and glass exterior and into patrons seated in the dining area.  Eyewitness, Jesse Pfeffer, said that "It sounded like he gunned the engine too hard.  He hit the building pretty hard to go through that brick wall."

The injured persons were taken to Center City hospitals.  Police are investigating the cause of the crash however the driver has not been charged. 

Source:  Posted on Mon, Jul. 25, 2011

Source:  WPVI Posted on July 25, 2011

Sometimes accidents occur where you least expect them.   Undoubtedly, the patrons at Burger King did not expect a vehicle to come through the window while they feasted on a juicy Big Mac! 

This accident was caused by the negligence of an elderly driver.  Research on age-related driving has shown that at around the age of 65 drivers face an increased risk of being involved in a vehicle crash.  Three behavioral factors in particular may contribute to these statistics: poor judgment in making left-hand turns; drifting within the traffic lane; and decreased ability to change behavior in response to an unexpected or rapidly changing situation.  In this accident, it appears that the driver may have confused the break and the gas pedal and he was unable to adjust before crashing into the Burger King. 

In the next 20 years, the number of elderly drivers (persons 70 & over) is predicted to triple in the United States.  As age increases, older drivers tend to become more conservative on the road.  Many mature drivers modify their driving habits (such as avoiding rush hours and heavily travelled roads) to match their declining capabilities.  However, statistics show that older drivers are more likely than younger ones to be involved in multi-vehicle crashes, particularly at intersections.

Continue reading "7 Injured when car crashes into Center City Philadelphia Burger King" »

Serious injuries often result in sizable medical expenses that will continue to accumulate after the trial is over.  Typical expenses include follow up appointments, future surgeries, future medical care, pharmaceuticals and supplies, replacement of medical devices, and rehabilitation services.    It is important to have an expert create a credible life care plan that details future expenses for the jury so that these costs are included in the award.

A life care plan is a document that carefully details all of the future care a client will need and explains how much it will cost.  It should be created by an expert who has background and training to understand the medical components of your case.  Such experts may include doctors, life care planners, certified nurses and rehabilitation counselors.    

A life care plan is an incredible opportunity to build the credibility of your case.  A juror is much more likely to award future expenses if he understands why they are needed.   By crafting a credible life care plan the plaintiff can explain why expenses will be incurred and justify these costs.   However, your life care plan must be credible or you could also destroy the credibility of the claim.  Your entire case may be put in jeopardy by bolstering future expenses that are unlikely to occur or are greatly exaggerated.   Accordingly, your expert should be prepared to defend every aspect of the plan as reasonable otherwise the jury may suspect foul play.  It is my opinion that life care plans should be conservative, erring on the side of caution, so not to create a spell of doubt over a case.

By taking the time to create a detailed and justifiable life care plan you can enhance your case by supporting your underlying claim and building credibility.

Authorities in Coatesville, Pennsylvania say four people under the age of 18 have died in a car crash in suburban Philadelphia.

The crash involved only one vehicle and occurred just before 1 a.m. Sunday in West Brandywine Township in Chester County.

Township police say all four riders were ejected from the vehicle, and there were no survivors. WPVI reports that the vehicle went off the road and crashed into the woods.

The cause of the crash is unknown.  The passengers in the vehicles ages ranged from 14 - 16 years in age.

Source:  Associated Press.  July 3, 2011.

One of parents' greatest fears is how their children will act when they are given the keys to the car, or go for a ride with a newly licensed friend.  And rightly, parents have good reason to worry.  Teenagers are immature and inexperienced drivers.   Although Pennsylvania deems teenagers who have reached the age of 16 old enough to drive a car, these teens lack the maturity of adults and other drivers on the road.  What's more, teens are likely to be accompanied by other immature youths that can distract their attention or pressure them into making risky and possibly deadly decisions.

In the accident above, it is reported that all of the teens were ejected from the vehicle.  The vehicle was totaled and found lying on its roof.  One can only presume that this accident occurred because of high speeds or a distracted driver.   

Tragedies like this must serve as a serious reminder for parents to make sure that their children are mature enough to drive before entrusting them with the keys to a car or letting them ride with teenage driver.  Teens must be reminded over and over again that their actions behind a wheel of a car are serious and come with tremendous consequences.  

If you or someone you know has been hurt or killed due the negligence of a teenage driver, call Brent Wieand for a free consultation 267-443-8487.