Pennsylvania Personal Injury Legal Questions

It's not clear whether the attorney charged you $200 for the consultation and $200 for the letter or maybe a flat $400 for both and so in his mind there is no refund coming to you. You should check whatever documents and notes you have to see whether this is the reason for the otherwise rather cold treatment. If you have a fee dispute with your attorney, you may ask the local bar association to give you fee arbitration, which the attorney will be required to submit to. There is a small filing fee, pegged to the amount of the claim, and you may but need not be represented by counsel. The association will assign an arbitrator (or three) to hear the case, and you will have a chance to prove that you are entitled to a refund. Of course, you don't want to destroy any documents that have anything to do with the case, as they might be what you need to prove you are right. Alternatively, you could sue the attorney in small claims to try to recover the money.... Read Answer

The answer here may not be clear.  I think you were likely found not to be at fault for a crime, but perhaps that determination has not been made with regard to a civil case.  You could sue the man's estate which might trigger any insurance coverage he had.  A jury could determine that either of you, or more likely both of you to varying degrees, were at fault in a civil case.  You should meet with a lawyer who handles both crivil and criminal matters to discuss this sort of case.  Steve Fairlie  ... Read Answer

If you have a legal judgment against your ex-wife that has been recorded in Court, then you are entitled to engage in discovery in order to attempt to execute on that judgment.  Execution procedures can be highly technical and involved, however.  I would recommend contacting an attorney for help.  If the amount of money that you are owed by your ex-wife is high enough, then you may be able to find an attorney who is willing to represent you in executing on your judgment for a percentage of the money collected.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271... Read Answer

Please see: http://www.lawyers.com/All-Areas-of-Law/Pennsylvania/All-Cities/attorneys-and-law-firms.html?s=Mold%20Litigation&ns=y&st=q&form=LHOM This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

In most cases you will not have a case because if it is a public school they have immunity.  However, if it is a private school, or some other special exception applies like civil rights there may be something to at least investigate.  My suggestion would be that you contact a personal injury attorney who specializes in these claims and he/she should be able to give you a better answer once they ask you some follow up questions. Scott B. Cooper 717-888-8888 scooper@schmidtkramer.com... Read Answer

You are not required to but in order to amicably resolve the case you will be probably need to sign the document.  In almost every case this is standard language, even in cases such as a rear end car accident.  However, if you think there is a valid reason not to sign the document, or still have questions, I would consult an attorney immediately. Scott Cooper scooper@schmidtkramer.com 717-888-8888... Read Answer

If you were injured while in the course and scope of your employment, then your injury should be covered by your employer's workers compensation insurance policy.  If you have not previously made your employer aware of your work-related injury, you need to do so ASAP, because there are time limitations governing how long you have to report a work-related injury to your employer.  While you cannot sue your employer for pain and suffering for a work-related injury in Pennsylvania, if you are qualified for workers' compensation coverage, depending your specific injury, you should be entitled to a partial lost wage recovery as well as having all of your past, present and future injury-related medical bills paid for.  Please feel free to contact me directly and we can discuss your situation in more detail.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271   mdavey@eckellsparks.com You can contact me on Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

I cannot answer your question ("How much can get from a slip and fall case at a hospital?") without a lot more information about the fall, your injuries and damages. However, I can provide some general information about how the value of a case is determined. First, assuming the hospital is at fault for your fall I would need to know whether you were partially at fault, which is called "contributory negligence." If you were contributorily negligent, the amount the hospital would owe is reduced by your percentage of fault. For example, if your case was worth $100.00, the hospital was 60% at fault and you were 40% at fault, you would receive $60.00. If you were 50% at fault or more then you are not entitled to any money under Nebraska law. I cannot comment on fault of either the hospital or yourself as you do not provide any detauls about your fall. Second, there is no magic formula to determine what a case is worth. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained in a personal injury case. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; your lost wages; and pain and suffering. If an injury is permanent, you may be entitled to additional money for some or all of these items. Again, if you were partially at fault for your fall, the amount you would be entitled to would be reduced by your percentage of fault. You do not provide any information about your injuries, your medical expenses total, your lost wages and other information I would need to determine what your case might be worth. I would suggest talking to a personal injury attorney about your case. Most offer a free initial consultation so it will not cost you anything to get additional information about your case.... Read Answer

The question you should be asking is not whether you can sue the surgeon but whether if you do sue the surgeon do you have a chance of winning the case. At its core, to win a malpractice case you must prove that the surgeon did or did not do something that the majority of other surgeons would have done differently. In most cases, you need a surgeon to testify that the your surgeon violate the standard of care for surgeons performing arm surgery as well as the aftercare you received. Just because someone ended up with a bad result does not necessarily mean that the surgeon did something wrong. There are always risks with surgery. However, if your surgeon did something wrong, which is not a known risk for the type of surgery you were having, then you might have a case. The same applies to whether the surgeon prematurely took our the pins/ staples. Have you asked the surgeon why your arm is crooked and deformed and why its use is limited? What did he or she say? Some other questions I would have for you is whether you received treatment, such as medication, for the "open infected wounds," and if not, why not. Was the surgeon aware of the wounds? I cannot answer whether you would be successful in your case against the surgeon without a lot more information and whether another surgeon has stated that your surgeon either did something wrong during the surgery or in your aftercare. I would suggest you contact a medical malpractice attorney to further discuss your case.... Read Answer

From what you say you have a case. Find out if you have agreed to go through arbitration. The problem with medical malpractice cases is lawyers want ones with bigger possible payoffs than yours probably has because it is very expensive to do them. Check the internet for attorneys; happy "shopping".... Read Answer

If your injury occurred in WV and your employer is based in WV and there is no connection to PA you may be faced with only one choice.  However, there are many situations where you may be able to make a worker's comp claim under PA law if that is better for you.  My suggestion would be to contact a workers compensation attorney before making any final decisions.   Scott Cooper scooper@schmidtkramer.com 1-800-232-6301... Read Answer

You may very well indeed have a possible claim.  THis is something you should consult with a personal injury attorney immediately.  There are certain claims being pursued by our firm and others for defective products related to the hip replacements. Scott Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

It is unclear whether you can pursue a cause of action under the factual circumstances you described.  First, the statute of limitations for pursuing a claim for premises liability in PA is 2 years from the date of the injury.  So, if your fall occurred before August of 2010, then the claim is now time-barred and you cannot begin an action for your injuries.   If your fall occurred in late 2010 (e.g., Nov. - Dec.), then you only have a few more months in which to file a lawsuit against the property owner of the place where you fell.   In order to recover, you would also have to establish what you were doing on the property at the time, how long the ice / snow that caused you to fall was present on the property, whether it was plowed, salted, etc..  Slips and falls on ice and snow can be difficult to win in PA. I would be happy to discuss the matter with you in more detail, if you would like.  Please feel free to contact me directly either by phone or email.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

In order to have a claim for products liability against the shoe store that molded the new orthotics, you would have to prove that there was some inherent defect or problem with the orthotics that directly caused the injuries you suffered.  First, if you no longer have the orthotics, this might be impossible to prove.  If you do still have them, they would need to be analyzed and a medical doctor would have to provide some opinion that the sepsis, DVT, foot debridement and bacteriama was caused by the orthotics.  You would have to gather up all your medical records from the primary doctor, HUP, and anywhere else you treated with.  You may also be able to pursue a claim of negligence against the shoe store for failing to properly measure your foot prior to constructing your new insert, which then caused the cut and resulting infection.   If you would like to discuss your situation in more detail, I would be happy to do so.  Please feel free to call me or email directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com  ... Read Answer

You certainly have enough to investigate your flip and fall case.  In Pennsylvania, in order to win a case against the hotel you will need to prove negligence.  That means you willl have to show that the hotel did something negligent, such as failing to replace the chair if it was visibly defective or choosing a flimsy style of chair that would not hold up to the use expected.  There is also an outside chance that you could have a product liability case against the manufacturer of the chair.  Read more about Pennsylvania slip and fall cases here: http://fairlielaw.net/practice-areas/slip-and-fall/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net  Become a Fan of Fairlie & Lippy, P.C. on Facebook Follow us on Twitter... Read Answer