Pennsylvania Personal Injury Legal Questions

Your question suggests the larger issue of whether a school district can be held responsible for injuries that a student sustains at school. Generally, the answer is no. As governmental entities, school districts enjoy certain immunities from civil claims for negligence. The law does provide exceptions to a school district's "sovereign immunity", but these exceptions do not typically apply in a gym setting. Based upon what you have described, the school district has no legal responsibility to pay your son's medical bills.... Read More

It's impossible to say without reviewing all the records and completing an investigation, but from what you have written, you and your husband might have a case. It's certainly worth an investigation by a lawyer. Who is at fault for an accident is rarely a simple matter, and it sounds like this stop sign might complicate things. Your husband's injuries sound extremely serious. With those injuries and the potentially difficult liability, I would not attempt to handle this case on your own; you need an attorney. If you do not already have an attorney, I would be happy to speak with you and your husband over the phone regarding the specifics of the accident. My firm handles car accident cases all over the state of Pennsylvania and does not charge unless there's a recovery. If you would like to go over this accident in more detail with me, I can be reached at 814-452-6232. Regardless of whether or not you contact me, you should certainly contact an attorney that handles personal injury cases.... Read More

Your question doesn't contain enough information to accurately assess the statute of limitation's application in your case. On a very general level (not necessarily appling to your case, depending upon many unknowns), tort claims under Pennsylvania jurisdiction must be brought within two years. If you are interested in pursing a claim, you need to contact an attorney immediately. Your deadline could be approaching very soon.... Read More

From your description of the accident, it would appear theat the cases of water were not properly stacked, and you likely do have a claim against Weis markets. Hopefully, the accident was promptly reported to Weis markets and/or you have some photographs of the cases of water or witnesses. ... Read More

I am assuming that your question, first and foremost, is whether your claim is now barred by the statue of limitations. The answer is that it is not. The statute of limitations in a personal injury case is typically 2 years from the date of the incident. Assuming that the accident occurred about one year ago, you can still file a suit. The issue of whether that claim can be successful is much more difficult to answer, and depends upon facts which are not clear in your submission. Generally, claims against a landowner for failure to clear ice and snow are very difficult, and if your treatment for your back pain has been limited over the last year, proving any significant damages (including pain and suffering) could also be a problem.... Read More

With a Pennsylvania Workers' Compensation claim, you are limited to receiving compensation for a portion of your wage loss and for your medical bills. You are typically precluded from suing your employer for these other sorts of losses you described. You might, however, have a third-party claim against another individual or entity, like the driver you described. In these sorts of cases, other categories of damages are available to you. This all depends, of course, of the liability of that third party. The only way to know if you have a viable third-party claim is to speak with an attorney and go over the facts in more detail. There is not enough information in your post to give you an accurate analysis. That said, you should speak to an attorney about your workers' compensation claim anyway. Even though you are receiving payments does not mean that your claim is being handled appropriately or that the workers' compensation carrier is not going to prejudice your rights. Lawyers, like myself, who handle these sorts of claims, generally offer free consultations and do not charge hourly--only on a contingency basis. As such, I encourage you to speak with an attorney as soon as possible regarding your issues. I would be happy to speak with you myself. Alternatively, contact your county bar association and ask for an attorney who practices in both personal injury and workers' compensation law.... Read More

Frankly, the best way to handle your claim is to hire an attorney. There are a multitude of insurance issues that are involved, as well as potential claims against those who may have served alcohol to the driver. Most attorneys handle these types of cases on a contingent fee basis, meaning that the fee is a percentage of what is recovered in settlelment or verdict.... Read More

You do not need the other insurance company's cooperation to sue the person who hit you. You have two years from the date of the accident within which to sue, so you have until June 22, 2014. If you have " med pay" coverage under your own policy, your auto insurance should pay for any treatment that is required as a result of the accident.... Read More

You should definitely contact an attorney before you speak with Walmart. Walmart tends to aggressively defend slip and fall cases that occur on their premises and they will likely try to get you sign a release that may terminate your rights to sue. Slip and fall litigation in Pennsylvania is extremely fact sensitive,. The issue of whether Walmart had notice of the slippery or dangerous condition, which caused you to fall is the key hurdle you need to get over to prevail on such a case.... Read More

Assuming she sustained a physical injury, she most likely can.  Since she is in a group home, either you or someone is probably an appointed guardian.  If she was injured in the accident, the whoever is the appointed guardian should contact a plaintiff's personal injury lawyer who specializes in car accidents. Scott B. Cooper 717-888-8888 scooper@schmidtkramer.com ... Read More

Not necessarily. There was a time, many years ago, when insurance companies regularly employed a "multiplier" of medical damages to reach a settlement amount. That is no longer true, for many reasons, including that often medical bills can no longer be reimbursed in many auto accident cases. There is no real "formula" for determining what is a fair settlement, it really depends upon the nature of a person's injuries.... Read More

It is not a state law question. It is probably a local zoning ordinance and you will have to look at it at the municipal building. If this works for the estate, you can re title them to heirs and get them inspected. As far as the offer from the code guy, it sounds unusual, but may not be as maybe the municipality there does this to get rid of junk and abandoned cars. I don't know. I wouldn't assume they are crooked.... Read More

Unfortunately, I do not know anything about your case. Therefore, I am unable do an evaluation in the value of your case. There are several factors that must be considered when looking for a case value. Also, please note that in Louisiana you have one year from the date of the accident to file a lawsuit or to settle against a tortfeasor.... Read More