Philadelphia Personal Injury Lawyer Blog

A Villanova University alumna visiting the area for the school's homecoming weekend was killed Saturday night when she was struck by a car, police said.

Ossola, a former president of Chi Omega sorority, was with her sister when she was struck by a 2008 silver Jeep Liberty about 11:20 p.m. in Bryn Mawr, Lower Merion. She was crossing Lancaster Avenue from the north side near Thomas when the eastbound Jeep hit her.  According to police, Ossola was taken to Bryn Mawr Hospital with head injuries and died at 11:52 p.m.

Ossola graduated in 2010 with a degree in economics and a minor in finance and math. She was working at PNC Bank in Pittsburgh as an analyst in the global treasury-management department.

Source:

The sudden, tragic wrongful death of a loved one, resulting from an accident caused by negligence, is the most devastating loss that an individual or family can endure.  While no amount of money can replace a loved one, filing a wrongful death lawsuit may be the only way to get the restitution you deserve and help to deliver justice to the guilty party.

Continue reading "Villanova University Alumna Killed in Philadelphia Car Crash " »

One person has died from a nasty overnight crash involving four vehicles, in which multiple victims were trapped.   The crash occurred about 2:30 a.m. today at 51st and Locust streets when one vehicle struck another while going through the intersection, according to police.

One of those vehicles struck two parked cars. And one of the initial vehicles involved in the crash was overturned.  Three victims were transported by medics for emergency medical treatment.  A 27-year-old woman, who was a passenger in one of the vehicles, was pronounced dead around 5:30 a.m. at Hahnemann University Hospital.  Other victims included a 35-year-man with head, neck and back pain, and a 45-year-old man who was on trauma alert.

SOURCE

Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent conduct of someone else.  Thousands of car accident deaths are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.

To be successful in wrongful death suits, the case must have been caused by someone else who acted negligently usually through bad driving.  In some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

Additionally, there must be adequate insurance or assets to provide the basis of a recoverable legal claim.  Fatal car accidents that are the result of careless driving can remain uncompensated if there is no money to compensate the victim's family.   Pennsylvania law requires, at a minimum, that drivers maintain $15,000 per person / $30,000 per accident of liability insurance.   An attorney will know how and where to look for available insurance or assets using investigators and asset searches.  It is possible that supplementary insurance such as homeowner's policies and/or business insurance may be available to compensate the family millions of dollars.

Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims.  A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.

I follow every reasonable lead, hire the best available experts, and utilize the most current and innovative technology to give you the edge over the opposition.   Because of my diligent preparation and excellent reputation, most of my cases are favorably settled out of court without going to trial.  Call me for a free case evaluation.  There are never any fees unless I get money for you.    

A Royal Caribbean Cruise ship passenger alleges that she was struck and injured by a falling piece of the shower in Stateroom 2547.  Ms. Boden was on a nine day cruise on the "Enchantment of the Seas," a cruise ship owned by Royal Carribean, when she was allegedly injured by the shower and broken metal pieces falling on her. 

Ms. Boden claims she was severely injured as a result of these hazardous conditions.  The Complaint seeks damages in excess of Seventy Five Thousand Dollars ($75,000.00). 

The Plaintiff was required to bring her claim in the United States District Court for the Southern District of Florida due to the ticket that was issued to her at the time of voyage.

Source

Cruise lines typically limit a passenger's choice of "venue" (where you may file a lawsuit).  By imposing venue restrictions, cruise lines hope to limit the number of claims filed against them.  Cruise lines are aware (and hopeful) injury victims will be deterred from bringing suit if they reside in a different state than the predetermined venue.  In addition to limiting where suit can be filed, cruise lines also limit the time in which suit needs to be filed.  In many cases, a passenger's cruise ticket provides for a one-year statute of limitations on personal injury claims - which is shorter than a typical statute of limitations imposed by state statutes.  

Without question, cuise lines have stacked the deck in their favor.  If you are injured on a cruise it is important to consult an attorney immediately to level the playing field.  Call me for a free consultation, I will investigate your claim promptly and help you get the compensation you deserve.

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" »

Two Philadelphia police officers were seriously injured Wednesday night in a crash between their cruiser and a Jeep at Broad Street and Hunting Park Avenue, police said.

Shortly before 9 p.m., Highway Patrol officers stopped a vehicle containing at least one person at 15th and Wingohocking Streets and requested backup, police said.

Two officers in a 25th District patrol car responded to the call for assistance and headed north. "Both were going northbound," said Lt. Raymond Evers, a police spokesman. "There was some kind of contact, and they ricocheted." Passengers who had been heading north on Broad Street in McCarty's Jeep Wrangler, said the cruiser smashed into the Jeep's left rear bumper as the light at Hunting Park turned green.

The cruiser struck a fence and a pole, Evers said. The female officer's neck and head were injured, and the male officer was injured in the hip area, Evers said.

Source: Philadelphia Inquirer. Thu, Jun. 30, 2011.

We all have witnessed a police cruiser speeding down the highway with its lights and sirens blaring. If you've ever wondered what responsibility emergency vehicles have to others on the roadway, read on!

Emergency vehicles have a duty to drive with regard to the safety of all persons on the road; however, Pennsylvania Law affords responding emergency vehicles a different standard of care than normal negligence. Pennsylvania Courts have found that negligence is lack of due care under the circumstances. The standard of care for a driver of an emergency vehicle is negligence under emergency circumstances. Thus, what may be negligence in driving a vehicle down a street under normal circumstances may not be negligence under the extreme circumstances presented by an emergency situation.

Continue reading "Automobile Crash on Broad St. hurts 2 Philadelphia police officers" »

Legislation that would require dentists to carry malpractice insurance was approved Wednesday by the state Senate.

Senate Bill 388 would require dentists to have liability insurance of at least $1 million per claim and $3 million annually, according to Sen. Pat Vance, R-Cumberland/York, who sponsored the bill.

A dentist would lose his or her license for failure to insure.

Source.  HARRISBURG, Pa. (WHTM).  June 22, 2011.

Dental malpractice injuries are often serious and cause long term suffering.  Errors in dental procedures can cause painful and permanent injuries including nerve damage in the jaw, tongue and lips.   Injuries may also occur when dental assistants fail to monitor the patient and/or administer the proper dosage of anesthesia.  Sedation errors frequently result in extreme consequences such as fatality and brain damage.    Some other common injuries that occur in the dental office include:

•             Medication errors

•             Infections in the mouth, tongue and brain

•             Injury to bone in the jaw, teeth and/or gums

•             Improper diagnosis

•             Failure to detect oral problems

•             Use of faulty materials or products

•             Injury to bone or surrounding tissue

Because dental injures can be permanent, or even lethal, it is important that dental healthcare providers have proper insurance.  Serious injuries can be financially devastating to the victim and his/her family since they usually result in large amounts of damages in the form of medical bills, out-of-pocket expenses, pain and suffering, lost wages, disfigurement, future medical bills, and a diminished quality of life.  

This bill is a step in the right direction towards ensuring that dentists are financially responsible and can compensate victims in the event that malpractice causes a serious injury. 

If you are injured in a car accident, one of the first questions your lawyer will ask you is whether you selected the full tort or limited tort option.  It is not uncommon for people to be unsure of what type of policy they have, even though they must sign a waiver to decline full tort coverage.  When I ask my clients if they have "full tort coverage" a frequent response I receive is that "my insurance agent told me I have full coverage."  In fact, the meaning of "full coverage" is uncertain at best, and to many insurance agents, "full coverage" merely means that you have the minimum coverage required to operate a vehicle Pennsylvania.  Too often, people who believe they have "full coverage" are in fact are limited in their right to sue.

In Pennsylvania, drivers are required to select whether they want to be limited or full tort.  Under a limited tort policy, with few exceptions, your rights to bring a claim for compensation following an accident are limited.  Individuals with limited tort policies are not able to sue for pain and suffering and other similar damages, even when they are not at fault.  Limited tort coverage permits a person injured in an automobile accident to only recover for his or her out of pocket medical bills, wage loss, automobile repair costs, and other actual monetary loss.  What's more, when you elect limited tort coverage, family members residing with you may also be bound by this limitation.

An exception to this general rule permits a person with limited tort coverage to pursue a claim for pain and suffering where the injuries they sustained in the accident were "serious."  However, even very painful injuries may not be considered "serious" under Pennsylvania law. 

An individual with full tort coverage, on the other hand, regardless of the severity of the injury, is able to assert a claim for pain and suffering, so long as the accident was not his or her fault.  

Continue reading "WHAT IS THE DIFFERENCE BETWEEN FULL TORT AND LIMITED TORT AUTOMOBILE INSURANCE IN PENNSYLVANIA?" »

A Philadelphia woman has brought a lawsuit against Dunkin' Donuts, claiming that a worker mistakenly put sugar in her coffee that caused her to go into diabetic shock.

Danielle Jordan's lawsuit claims she asked for artificial sweetener to be added to her coffee during a June 2009 visit. Jordan claims that after drinking the coffee she experienced dizziness, light-headedness and ended up making an emergency trip to the hospital.

A legal liaison for the Canton, Mass.-based doughnut chain told the Philadelphia Daily News she couldn't comment on the case. But she says employees only provide customers with the order they ask for.

Source: Posted on Fri, Jun. 3, 2011

Despite the unusual circumstances that may get this case featured in "weird news," Dunkin Donuts may be held responsible if it is found that the employee breached the standard of care. Dunkin Donuts and its employees have a duty to conform their conduct to that of a reasonable person. If a jury finds that the employee's conduct was unreasonable, Dunkin Donuts will be responsible for the injuries caused to Ms. Jordan. This is true notwithstanding the fact that a sugar mix-up would not have harmed a normal person.

The eggshell skull rule is a well established legal doctrine which holds that you take your victim as you find him. The term implies that if a person had a skull as delicate as the shell of an egg, and the negligent party who was unaware of the condition injured that person's head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if such damages were not reasonably foreseeable, or the wrongdoer did not intend to cause such a severe injury.

Here, if the employee mistakenly gave Ms. Jordan sugar instead of artificial sweetener, Dunkin Donuts may be found liable for damages caused by the mix-up, even though this mistake would not have harmed a normal person and the damages were not easily foreseeable.