Archive for the ‘Personal Injury’ Category

If you have lost a loved one due to either the deliberate or neglectful actions of another person or persons, you may be able to file a wrongful death lawsuit and win money in a court of law to help with your financial losses. No amount of money can truly compensate for the loss of a loved one, but hiring the right wrongful death attorney can help you feel as though justice has been served and help to alleviate the financial burden on your family.

You may be able to file a wrongful death lawsuit if you are the parent, child, or spouse of a person who was killed due to the actions of another person. This holds whether it was a deliberate act (such as murder) or an act of negligence such as drunk driving or a myriad of other situations.

The right wrongful death attorney can help you determine whether or not you have a case and how much money you should seek should you decide to pursue a case. It is important to speak to a good wrongful death lawyer as soon as possible, but the statute of limitations is different in every state so it is a good idea to contact an attorney even if the event happened in the past.

A wrongful death attorney knows the ins and outs of the wrongful death laws in your state and more specifically in the county where you will file the suit and what the judges there are likely to conclude. A consultation is usually free, so you have nothing to lose by contacting an attorney and explaining your case to them. Hiring the right attorney can make all the difference in getting a fair settlement that will help you financially and will also help you to feel as though justice has been served. There is no amount of money that can replace a loved one, but winning a wrongful death lawsuit can help bring much needed closure to your heart.

To learn more about your legal rights in a wrongful death lawsuits as well as truck accident lawsuits, nursing home negligence lawsuits, product liability (defective product) lawsuits, and automobile accident lawsuits, it is important to speak with our personal injury attorneys in Scranton, Pennsylvania.

If you have suffered bodily harm or severe emotional stress due to the actions or carelessness of another person, you may qualify for a personal injury lawsuit. Personal injury lawsuits must meet certain criteria in order to be considered a tort. A tort is a legal term for the occurrence in which a person suffers physical or emotional harm due to the actions of another (with the exception of harm caused under contracts). There are specific criteria that must be met in order for an occurrence to be considered a tort.

First, a person must have a legal obligation to another person. This legal obligation cannot be under a contract. A good example is your legal obligation to stop at a red light in traffic. The second criterion for a tort is the “breach of duty” by one person. If you do not stop at a red light, you are breaching your legal obligation to stop. Third, your “breach of duty” must be the approximate cause of injury to another. If you ran the red light and hit a pedestrian crossing the road, you have cause injury due to your violation of the law. The final criterion is that injury must be caused to one person. If you broke the pedestrian’s leg when you hit him after running the red light, you have fulfilled all four criteria for being the defendant in a personal injury lawsuit.

Running a red light and causing physical injury to a person is a simple example of how you can use the four criteria for tort law to determine if an occurrence qualifies for a personal injury lawsuit. Unfortunately, not all cases are this simple to interpret.

When a person suffers emotional injuries, proving intentional infliction of damages is more complex and difficult. Generally the extent of emotional harm and effects are subject to interpretation by a judge or professional.

Additionally, a victim in a personal injury lawsuit involving emotional distress must prove several criteria. First, he must prove that the defendant’s actions were made with harmful intentions. If a person makes extreme threats or participates in severe verbal abuse, he is acting with harmful intentions. The victim must also prove that the defendant’s actions were extremely outrageous or uncivilized and that he experienced emotional injuries as a result of such actions. For example, if a person witnessed a murder or extreme act of violence, he could suffer emotional injuries.

Typically, personal injury cases involving emotional harm are not easy to interpret, and a judge or jury would deliberate on if the behavior of the defendant is, in fact, outrageous or uncivilized. Otherwise, the victim could be overly sensitive to behavior that is not extreme.

To learn more about personal injury lawsuits such as truck accident lawsuits, nursing home negligence lawsuits, defective product lawsuits, automobile accident lawsuits, and wrongful death lawsuits, it is important to speak with our personal injury attorneys in Scranton, Pennsylvania.

A premises liability lawsuit that results from the liability the owner of a home, land, or business has should someone get injured on their property either through neglect, animal attack, or an action that causes injury. An injury can be defined as bodily damage, property damage and possibly even death.

It is the property owner’s responsibility to maintain their property in a manner as safe as possible to prevent mishaps. “Reasonable care,” is a term often associated with premises liability lawsuits. This means that as long as faithful attempts to prevent injury on a person’s property are taken, such as no trip hazards, broken sidewalks get replaced, and dogs are kept behind secure enclosures, there should be no injuries. If there are injuries due to either negligence of the property owner or by action of the property owner, the courts could decide the property owner is liable for any medical bills, lost wages, etc., that may arise.

An animal attack is the most frequent of premises liability lawsuit. This does not mean just dog bites. Cats have been known to attack individuals from trees causing a tremendous amount of damage. A person that keeps snakes in their home and has a guest get injured is liable for damages. Any animal attack, even birds can injure a person requiring medical attention.

The three most common injuries caused by property neglect are icy sidewalks, loose step treads, and some form of liquid that was spilled on a floor but not cleaned up quickly. Many of these injuries happen in a building while shopping or during times when you have several guests for dinner.

Should an injury actually result in the death of the victim, their family can bring a premises liability lawsuit and sue for monetary damages that can result in a family losing their home or a business closing. The best way to avoid one is not to be negligent and keep your property tidy and repaired.

To learn more about your legal entitlements, it is important to speak with skilled automobile accident attorneys, birth injury attorneys, nursing home negligence attorneys, truck accident attorneys, wrongful death attorneys, and personal injury attorneys in Scranton, Pennsylvania.

If you have been in an accident with a big rig or semi-truck, you know how frightening that situation can be. And, if you have sustained injuries, you could have grounds for a truck accident lawsuit. Read these frequently asked questions below to find out about your legal rights.

What causes contribute to truck accidents?

Truck drivers often speed or otherwise violate driving laws because they are under pressure to deliver the load on time. They are sometimes careless when tying down the load or securing cargo inside the trailer. Sometimes the driver forgets that he is driving a vehicle that weighs tens of thousands of pounds and is difficult to maneuver even under the best of conditions. Seeing those small cars can be difficult, but the driver must share the road.

How does driver fatigue contribute to truck accidents?

Most often when a truck driver causes an accident it is because they are fatigued. Fatigue is the biggest contributing factor to driver-related truck accidents, and is a known problem among distributors and drivers. Even the new laws which limit the number of hours a driver may operate the vehicle have not done enough to curb the number of accidents. Driver fatigue could be enough grounds to file a truck accident lawsuit.

When do most truck accidents occur?

Surprisingly, most fatal truck accidents happen during the day on weekdays. Most fatal car accidents happen at night on the weekends. Fatal truck accidents are also more likely to occur in rural areas and not on the interstate.

Does intoxication play a role in truck accidents?

Unfortunately, drug and alcohol use by drivers does play a role in some truck accidents, especially ones which are fatal. A study by the National Transportation Safety Board found that one or more drugs were detected in the blood of 67 percent of truck drivers killed in an accident.

Always consult with an experienced attorney who is familiar with the type of lawsuit you would like to bring. An attorney will help you navigate the confusing legal process to get you the compensation you deserve. To learn more, speak with skilled truck accident attorneys, wrongful death attorneys, medical malpractice attorneys, and personal injury attorneys in Pennsylvania.

Personal injury lawsuits refer to any sort of legal case in which the negligent action or negligent inaction of a person or party leads to the injury of an individual or group of individuals. While what follows is by no means complete, below is a list of common personal injury lawsuits.

Auto Accidents

Auto accidents can occur anywhere on our highways and surface streets. They may be caused by drunk driving or bad weather, but they may also be caused by bad manufacturing practices or design practices. If the accident was not your fault, you may be eligible to file a lawsuit. If you have been harmed in any type of auto accident, our auto accident attorneys, truck accident attorneys, and motorcycle accident lawyers will be able to help you receive the compensation you deserve.

Medical Malpractice

If you or someone you love are injured by a medical professional–whether it be a surgeon or doctor or nurse or pharmacist–you may be eligible to file a medical malpractice lawsuit. Medical professional must meet a standard of care to ensure their patients are not harmed. In such cases, you can seek the assistance of our birth injury attorneys, nursing home negligence attorneys, or medical malpractice attorneys.

Defective Product Injuries

The designers, manufacturers, or distributors of a defective product are responsible for compensating those who have been harmed or injured by said product. Whether the injury involves a food product, a dangerous pharmaceutical, or other consumer product, our team of skilled product liability attorneys will be there for you.

If any of the injuries sustained result in the loss of a loved one, you can count on our wrongful death attorneys to help you file a lawsuit against the responsible party or parties in order for you to obtain just compensation for your loss.

Be sure that your injury does not go unreported. Speak with one of our Pennsylvania personal injury attorneys today to schedule a consultation.

Fatal car and truck accidents that backup the interstate tend to appear on the news more often than we would like to see them; however, a recent study shows that car-related injuries are more likely to occur when the car is parked or to someone who is not in the car at all.

The most common car-related personal injury accidents occur not from crashes on the road but from the simple act of closing the car door. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates almost 150,000 incidents of injuries from closing a car door each year.

The use of a car jack or other lifting mechanism causes approximately 10,000 serious injuries each year. Some of these jack-related accidents are due to a product defect; however, many of these injuries occur from improper use of the lifting mechanism.

Other car-related injuries occur from hyperthermia, electrocution, and other non-crash incidents (over 740,000 injuries). As in the case of jack-related injuries, injuries from electrocution can occur from either malfunctioning equipment or improper use of the vehicle or its components.

Falling vehicles and car parts cause another 74,000 accidents each year.

The NHTSA also looked at what its terms “non-traffic crashes.” These accidents are characterized as back-over crashes and single-vehicle crashes that did not occur on a national highway. Almost 100,000 non-traffic crashes occur, involving accidents on private roads, fender benders and more serious two-car accidents in parking lots and structures, and the striking of pedestrians in driveways.

About a third of non-traffic crash injuries occurred to pedestrians and cyclists, with 14 percent of the injuries resulting from a driver accidentally backing over someone.

If you suffered a car-related injury, whether from a typical car accident or trucking accident, from the negligence of another, or from a product defect, you may be able to recover damages. Contact skilled personal injury lawyers in Scranton, Pennsylvania to learn more about your legal options.

Personal injury law is a law that covers your mind, body and, emotions in case of an accident. An example of this would be if you slip on water in the grocery store and break your arm. This law not only covers your broken arm, it covers the humiliation you felt from such a horrific fall in front of other people.

When such an accident occurs it can be extremely difficult to set a dollar amount on the accident as there are many factors to be considered. Some of the factors that play a role on the settlement in a personal injury case are doctor bills, lost time from work, ongoing medical costs, and pain and suffering.

Once an accident like this has occurred, it is important to find the right attorney for your claim. You may want to hire him, or perhaps just seek his or her advice in the matter. When looking for an attorney it is very important that you find one that has experience in personal injury and also one that has been successful in negotiating cases as well as winning the case. Find one you feel comfortable with, and one that you can share your case goals with long before it goes to court. This could make the difference in winning a substantial settlement and just settling for basic costs associated with your accident.

A standard fee for accidents such as a car accident is one third of the settlement. Be sure to receive a written contract from the attorney you chose up front. Fees can vary and they should be discussed ahead of time so there are no surprises once your case is settled. Fees can often be negotiated so be sure to ask for the best fee possible for you. In this case, it is ok to ask for a better fee, one that will allow the attorney to make money but also allow you to pay your bills and receive money for your pain and suffering.

For more information on wrongful death lawsuits, medical malpractice lawsuits, and product liability lawsuits, we encourage you to speak to our personal injury attorneys in Scranton, Pennsylvania.