Resources

Category: Personal Injury

Jan 22, 2021 - Personal Injury

Common Delayed Injury Symptoms

Accidents can happen to anyone at any time and in any place. Although some accidents result in serious or even fatal injuries, most people walk away from a car accident with only minor injuries. Still, even if you feel unharmed in the immediate aftermath of a crash, your body can have surprising reactions to trauma that delays your response to an injury. Adrenaline can also mask symptoms of injuries from a car accident in the short term.

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Dec 31, 2020 - Personal Injury

Factors That Could Lead to a Large Settlement

Our Allentown Personal Injury Lawyer Can Help You Get the Compensation You Deserve If you’ve been injured in an accident due to the fault of another, then Pennsylvania law may give you a right of action against the defendant. It’s important to understand, however, that successful cases don’t often go to trial — despite public perceptions.  The vast majority of disputes are resolved through settlement, thus avoiding the time, expense, and frustration associated with trial litigation. At Drake, Hileman & Davis, PC, our attorneys have decades of experience representing a wide range of injured plaintiffs in Pennsylvania.  In many cases, we’re able to secure a favorable result through early settlement.  If you’d like to speak to an experienced Allentown personal injury lawyer about your case, call us at 888-777-7098 or send us a message online to schedule a free and confidential consultation today. For now, you may be thinking: what actually influences the dollar value amount that the defendant is willing to settle for?  Let’s take a brief look at some of the unique factors that can lead to a larger settlement amount. Highly-Serious Injuries Injuries that are particularly severe — such as loss of limb, blindness, and traumatic brain injury, and other impairments — are likely to be associated with significant damages, as the impact can be quite drastic. The pain and suffering associated with a serious injury is likely to be severe, and there may be consequences for the plaintiff’s social and personal life.  Their spouse may leave […]

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Dec 22, 2020 - Personal Injury

Recovering Damages for Loss of Earning Capacity

Bethlehem Back Injury Lawyers Working For You Some accidents can lead to debilitating injuries, which may influence the damages that you can pursue in the subsequent personal injury lawsuit.  Debilitating injuries — such as serious back issues — can not only lead to severe pain and suffering but may also lead to impairments that make it difficult (if not impossible) to return to the career trajectory that one had pre-injury. For example, if you’re a professional basketball player and you lose leg function in a car accident, then you will no longer have a future as a professional basketball player.  This could have significant impacts on your income and must be reflected in the lawsuit’s overall damages. Let’s take a closer look. Loss of Earning Capacity — Proving Impairment In Pennsylvania, “loss of earning capacity” damages track one’s actual, post-injury ability to earn in the future, and compares it to what they could have earned had they never been injured. This can be difficult to establish, and the plaintiff and defendant may disagree vehemently over the numbers.  For this reason, it’s important to secure valuable expert testimony, gather all necessary evidence (such as pay stubs), and evaluate all relevant factors: potential for promotions, projected pay for the career path in one’s industry, alternative career paths that may be available to you, average retirement age, the availability of bonuses, pension options, and more. For example, suppose that you injure your back in a car accident.  As a result, you can no […]

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Nov 30, 2020 - Allentown Car Accident Lawyer

Winter Driving Safety Tips

According to the Federal Highway Administration (FHWA), over 70 percent of the nation’s roads are located in snowy regions that receive more than five inches of average snowfall every year. Nearly 70 percent of the U.S. population lives in these snowy regions. Snow and ice reduce pavement friction, compromise vehicle maneuverability, reduce roadway capacity, and increase the risk of accidents. Average speeds on arterial roads decline by 30 to 40 percent on snowy or slushy pavement. Freeway speeds are reduced by three to 13 percent in light snow and by five to 40 percent in heavy snow. Heavy snow and sleet can also reduce visibility, as lanes and roadways are obstructed by snow accumulation. 24 percent of weather-related vehicle crashes occur on snowy, slushy, or icy pavement and 15 percent happen during snowfall or sleet every year. Over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy, or icy pavement each year.  Even more alarming, nearly 900 people are killed and nearly 76,000 people are injured in vehicle crashes during snowfall or sleet every year. Snow and ice increase road maintenance costs, and state and local agencies spend more than 2.3 billion dollars on snow and ice control operations annually. This doesn’t even account for the millions of dollars spent to repair infrastructure damage caused by snow and ice. If you have suffered a personal injury in an accident caused by wintery conditions, contact an Allentown car accident lawyer at Drake, Hileman […]

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Nov 23, 2020 - Car Accidents

What is No-Fault Insurance?

Personal injury protection (PIP), also known as “no-fault insurance” may help pay for medical bills, hospital bills, and costs not covered by your health insurance company If you’ve been injured in an auto accident. PIP covers medical expenses no matter who is at fault. It can often include lost wages as well. Depending on the state where you live, PIP may be available as insurance coverage or as a required policy add-on. This coverage could help even if you’re not in your car. So, for example, if you’re injured by a car while walking down the sidewalk or riding your bike, or even riding in someone else’s car, PIP may have you covered up to the limits you choose, depending on the state. PIP coverage is considered a first-party benefit; i.e., you receive compensation directly from your own insurance company if you are involved in a car accident. In contrast, third-party benefits are those that are paid to injured parties by the other driver’s insurance company. If you have suffered a personal injury in an accident, contact an Easton accident attorney at Drake, Hileman & Davis to see what kind of compensation you are entitled to. Which States Are PIP/No-Fault Insurance States? States come in three varieties: those states where PIP is required, those states where PIP is offered but not required, and those states where PIP is not available. The states where PIP is required include: Arkansas Delaware Florida Hawaii Kansas Kentucky Maryland Massachusetts Michigan Minnesota New Jersey New […]

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Nov 16, 2020 - Personal Injury

Historically Large Catastrophic Injury Verdicts

Injury verdicts can result in astronomical money awards, especially when a person has suffered severe and life-altering injury and the company responsible acted particularly reprehensible and appears at trial to be arrogant and unsympathetic. If you have suffered a personal injury, contact a Doylestown personal injury attorney at Drake, Hileman & Davis to see what kind of compensation you are entitled to. Historically Large Verdicts Some of the largest verdicts in history include: $150 Billion. In a nearly unbelievable case of child torture, an eight-year-old boy was sexually assaulted by a teenager, doused in gasoline, and set on fire. Although the boy initially survived, 99% of his body was covered in burns. He died shortly thereafter from skin cancer that doctors believed was connected to the fire. A sympathetic jury awarded the boy’s family $150 billion in a civil wrongful death lawsuit, which was, unfortunately, a symbolic victory because of the defendant’s lack of resources. $145 Billion. In 2000, a jury awarded $144.8 billion to a class of cigarette consumers who had brought personal injury claims against Philip Morris, R.J. Reynolds, and several other cigarette manufacturers. The Florida Supreme Court upheld a decision that threw out the judgment and voided what had been the largest punitive award by a jury in U.S. history, saying the jury award was “excessive as a matter of law.” $28 Billion. A Los Angeles jury handed down a $28 billion award in favor of Betsy Bullock, a lifelong smoker who had sued R.J. Reynolds after […]

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Nov 9, 2020 - Personal Injury

Minor Children and Accidents

Most U.S. states have some type of parental responsibility within their codes. These laws can be used to hold a parent or legal guardian financially responsible for certain actions of minor children. Parents are not necessarily responsible for everything their minor children do, but they may be liable if their child, for example, damages someone else’s property on purpose, or harms someone in an intentional and malicious manner. In some states, parents may even be responsible for harm accidentally caused by their children. If you are being legally blamed for the actions of your minor child, let a Bethlehem accident attorney at Drake, Hileman & Davis help. About Minor Child Responsibility in Pennsylvania Pennsylvania’s parental responsibility law, known as “Liability For Tortious Acts of Children,” can be found at Pennsylvania Code Title 23 Chapter 55. Section 5501 defines a “tortious act” as a willful act resulting in injury. “Injury” includes personal injuries, theft, or property damage. Although parents in Pennsylvania can only be liable for the tortious acts of their children if they have custody or control over the child, a parent who has deserted a child may still be responsible for the child’s tortious acts. Criminal Tortious Acts If a child is involved in a criminal proceeding arising from the child’s tortious act, the court first determines what it would take to make the damaged party “whole;” i.e., return them to the same position he or she would have been in had the act not occurred. The judge then […]

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Oct 30, 2020 - Personal Injury

The Dangers of Excessive Overtime

According to the Bureau of Labor Statistics, more than 80% of employees in each of the following industries work full time, and TSheets found that about half of each workforce clock overtime: Manufacturing Construction Agriculture, forestry, and hunting Transportation It has long been assumed that overworking employees decreases productivity and increases the chances of employee health issues. If you have been injured in a way that you suspect may be due at least in part to excessive overtime requirements, contact a Doylestown injury attorney before you speak with your insurance company. Potential Consequences of Excessive Overtime Decreased Productivity. Employee output tends to drop after 50 hours a week, and excessive overtime may actually be completely non-productive. Sleep deprivation also contributes to decreased productivity. Increased Health Issues. Excessive overtime is believed to result in a higher risk for back or other spinal injuries, high blood pressure, mental health issues, and heavy alcohol consumption. Typical health issues tend to arise when working 50 to 60 hours a week and increase significantly when working more than 60 hours. Safety Risks. Excessive overtime may impair performance while decreasing attention to detail. More errors and accidents may result when employees experience fatigue. Morale Problems. Companies, where employees are working excessive overtime, are believed to have more morale problems in the workplace. Health issues and fatigue may trigger increased absenteeism, as will too much time away from families. Higher Turnover Rates. Companies are damaged by excessive overtime when tired, frustrated employees simply give up. They can […]

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Oct 16, 2020 - Personal Injury

How Long Does it Take to Settle a Case? Let a Stroudsburg Personal Injury Lawyer Help

The time it takes before you receive a settlement from a personal injury or time it takes for your case to go to trial will depend on several factors, such as: What Type of Case You Are Involved In. For example, a fender-bender with minimal injuries will not take as much time as a multi-car accident with injuries that require hospitalization. The Number and Severity of the Injuries. Numerous and severe injuries take time to assess in terms of medical costs. The Facts Surrounding Your Case. The more complex the facts, the more time a case will take. The Complexity of the Issues Involved in Your Case. Many times, the legal issues involved in your case will have been litigated many times in the past, and so the legal analysis is quite simple. Occasionally, however, there may be new and novel issues raised, and so both sides take quite a bit of time to prepare their arguments. What Type of Settlement You Are Seeking. If you are the injured party, your opponent will likely be happy to quickly settle for an amount that is relatively low. On the other hand, if you are determined to have every penny you believe you are entitled to, the settlement negotiations will become contentious and drawn out. Whether the Case Goes to Trial or Not. Trials can stretch out for months or even years. If the sides are unable to settle the case fairly quickly, the trial will commence. If you have been injured, […]

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Sep 30, 2020 - Personal Injury

Preventing Swimming Pool Accidents in Pennsylvania: Let Our Bethlehem Accident Attorney Help

According to the Centers for Disease Control and Prevention (CDC): From 2005-2014, there was an average of 3,536 fatal unintentional drownings (non-boating related) annually in the U.S. or about ten deaths per day. About one in five people who die from drowning are children 14 and younger. For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries. More than 50% of drowning victims treated in emergency departments require hospitalization or transfer for further care, compared with a hospitalization rate of about 6% for all unintentional injuries. These nonfatal drowning injuries can cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning; in other words, permanent vegetative state. Drowning ranks fifth among the leading causes of unintentional injury death in the U.S. If you have been involved in a swimming pool accident or other water-related accident in Pennsylvania, let a Bethlehem accident attorney help. Common Causes of Swimming Pool Accidents Swimming pool accidents are particularly tragic because they most often involve children and are preventable., leaving grieving parents with a lifetime of guilt. The most common causes of swimming pool accidents include: Lack of Adequate Supervision. Lack of supervision is the most common cause of swimming pool accidents, especially when children are involved. If there is no lifeguard, or if a lifeguard is not properly trained, the chance of an accident increases dramatically. It is critical to keep a watchful eye on […]

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"My situation with my case happens in PA and I’m from New York. I thought he couldn’t help me because of me living in New York, because of the distance and all, but he took my case, he handled my case with such professionalism. He won my case. I’m very thankful."
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