Posts Tagged ‘ personal injury cases ’

A family drive to New York turned tragic in March 2008 for a Philadelphia doctor when the rented minivan she was driving suffered a major mechanical failure in its front suspension and steering, causing the van to go out of control and plunge down a ravine.

The crash, which left the doctor with little use of her left arm due to severe injuries, has resulted in a $11.4 million damage verdict for the doctor, and an additional $4.3 million in damages to five other passengers who were also injured in the crash, according to a March 21 story in The Legal Intelligencer.

The 2006 Toyota Sienna minivan had been rented for the trip from PhillyCarShare, a local vehicle sharing and rental company, and had its maintenance performed regularly by the Central City Toyota dealership in Philadelphia, the story reported.

Dr. Noreen Lewis was driving the minivan on the trip “when the minivan’s ball joint mechanically failed and [the vehicle left the roadway and] rolled over down a ravine,” the story said.

Central City Toyota was sued by the plaintiffs for not maintaining the vehicle properly prior to the crash. The minivan was inspected by Central City Toyota on December 3, 2007, just three months before the incident. The dealership had argued in court that there was no evidence that the vehicle’s ball joint was bad when the vehicle was inspected, according to the Intelligencer.

Emergency crews respond to the victims of an overturned SUV in this stock photo. Image credit: © iStockphoto.com/BrandyTaylor

Instead, Central City Toyota argued that the minivan’s ball joint was damaged when the car rolled, the story reported. ” The dealership also argued that Lewis was at fault because the Toyota was being driven at too high of a speed for a wet roadway, court papers said.”

The jury, however, disagreed after a five-week trial in Philadelphia, ruling in favor of all six of the plaintiffs in the case.

The passengers in the minivan and their awards included Evelyn Lewis, who received $862,000; Lashona Lewis, who received $216,208; Michael Lewis, who received $214,625; Bryanna McGinchey, who received $1,561,650; and Bridget McGinchey, who received $1,399,217, according to the story.

During the trial, Central City Toyota had offered to settle the case for $1.7 million, the story reported.

The tragedy in cases like this one is that this incident and these injuries could have happened to anyone.

One minute a family is on a trip heading for a fun event and the next instant someone is hurt and suffering from grievous, life-changing injuries that destroy a career and result in a lifetime of lingering pain and suffering.

These kinds of incidents and injuries happen every day when innocent victims are hurt in vehicle crashes through no fault of their own due to the actions or indifference of others.

That’s where having a legal team on your side that uncovers every fact to bolster your case and maximize your damage award is key.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Snow, sleet, ice, slippery roads, blinding snowfall, hazardous conditions all are possible on area roads now that it’s January and the winter driving season is upon us here in eastern Pennsylvania.

Yes, old man winter is back.

And with that, we here at MyPhillyLawyer prepared this handy guide to remind all of us about the importance of winter driving safety when we take our cars, SUVs and trucks out onto area roads when conditions are less than ideal.

A line of cars drives slowly on a snowy, icy road. Image credit: © iStockphoto.com/njw1224

It starts with the basics, of course:

First, keep your car or truck in tiptop mechanical shape, from maintaining a good tune-up to ensuring that your tires, engine coolant, windshield wiper blades, window glass and other critical safety equipment are all in excellent winter driving condition. Tires should have excellent tread depth and must be inflated to their proper pressures to give the best control in any weather conditions. Check your vehicle owner’s manual or the tire information sticker located in the vehicle for all the proper tire inflation information. While all-season radials can be adequate, specialized snow tires will give you the best performance and traction when roads are snow and ice-covered.

And though it may seem obvious, be sure to scrape all ice and snow from all the windows on your vehicle before you head out onto the roads. It’s always amazing when you see people driving around in bad weather with just a small area cleaned off on their windshield, isn’t it? Don’t be one of those people, for your own safety as well as the safety of others. Be sure to clear off your vehicle’s headlights and taillights, too, before heading onto the road.

Then when the bad weather arrives, we sure to take the changing road conditions very seriously.

In Michigan, where winter means lots of snow and massive storms coming off the Great Lakes, the Michigan Department of Transportation offers several important driving tips that you might not have considered:

“Many people get into trouble by assuming the roads will not be slippery unless the temperature is freezing or below,” according the Michigan DOT. “Ice can form on road surfaces any time the air temperature drops to 40 degrees or less and especially in windy conditions. Bridges and underpasses can be especially hazardous, as the ability of moisture to dissipate from the roadway is different, along with varying surface angles. Low or shaded areas and areas surrounded by landscaping can also contribute too less than ideal road condition issues.”

And be especially careful in intersections, where surfaces can appear to be clear or only slightly wet but in fact turn out to be ice-covered and slippery. “This is caused by moisture emitting from the exhaust of cars waiting at the intersection, which then quickly freezes on the pavement,” according to the Michigan DOT. “It is also recommended that motorists allow no less than a car-length in front of their vehicle when stopped behind other vehicles at intersections. They should also watch their rear-view mirrors for cars approaching too fast from behind. Often this extra margin of safety will allow drivers to pull forward in the event that an approaching vehicle begins to slide.”

If your vehicle begins to slide on snow or ice, DON’T PANIC. Take your foot off the gas and DO NOT hit the brakes. If your vehicle begins to skid, do not brake, then steer the vehicle in the direction you wish to go. This technique is used in both front- and rear-wheel drive vehicles.

In addition, it’s a good idea not to go out onto the roads after a measurable snowfall or during icy conditions until the snow plows and sanding trucks have had a chance to do their work, according to tips compiled by Weather.com.

Some other Weather.com tips include:

Remember to decrease your speed and leave yourself plenty of room to stop while roads are snow-covered and slippery. You should allow at least three times more space than usual between you and the car in front of you.

Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.

Turn on your lights to increase your visibility to other motorists.

Use low gears to keep traction, especially on hills.

Don’t use cruise control or overdrive on icy roads.

Don’t assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.

If you get stuck, do not spin your wheels. This will only dig you in deeper. Instead, turn your wheels from side to side a few times to push snow out of the way and then use a light touch on the gas, to ease your car out. You can also use a shovel to clear snow away from the wheels and the underside of the car and pour sand, kitty litter, gravel or salt in the path of the wheels, to help get traction.

Drive slowly and remember posted speed limits identify the maximum speed allowed in ideal weather conditions. Law enforcement agencies can write citations to motorists driving the posted speed limit if weather conditions warrant a slower speed. Be alert to the actions of other drivers.

Anticipate cars coming from side streets and put extra distance between your vehicle and the one in front of you. If someone is too close behind you, don’t speed up; slow down or let them go around you.

To make sure other drivers see you, always drive with your lights on. At night, in fog and heavy snow conditions, low beams may be more effective than high beams.

When it comes to your vehicle’s brakes, if your vehicle has an Anti-lock Braking System (ABS), then you should use a steady, firm pressure on the brake pedal when slowing. NEVER pump the pedal in an ABS-equipped vehicle. The ABS system can engage and disengage (or “pump”) the brakes far more efficiently and quickly than you can using your foot.

If your vehicle does NOT have ABS, then you should pump the brakes lightly and quickly when you feel them locking up, which can cause the vehicle to slide out of control.

One other good idea: Keep a well-stocked “emergency kit” in your vehicle, including a blanket, water, a flashlight and batteries, a cellphone, some snacks and other emergency items, in case they are needed.

Once you are on the roads during or after a storm, be sure to give snowplows a wide berth for your own safety.

If you find yourself behind a snowplow, stay behind it until it’s safe to pass.  Remember, a snowplow driver has a limited field of vision.  Stay back (15 car lengths) until you’re sure it is safe to pass or until the plow pulls off the road. It’s best NOT to pass a plow for safety’s sake.

Remember that the road in front of the plow is usually in much worse condition than the roadway behind the plow.  Plows will typically travel under 35 miles per hour and there is always a temptation to pass them.

Allow plenty of room when passing a snowplow.  Do not cut back into the lane ahead of the truck too quickly since the plow extends several feet ahead of the truck.  Some snowplows are equipped with a “wing plow,” extending off the side of the truck, so you certainly want to stay clear to avoid an accident.

Winter driving takes special skills and patience, both of which are important as you head out onto snow- and ice-covered roadways.

Give yourself extra time to get to your destination, reduce your speed and be extra cautious and smooth with your driving to ensure the safety of your passengers, pedestrians and people traveling in other vehicles.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle accident caused by another driver anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

In an instant, the lives of three people were dramatically changed as they were traveling in a Toyota two summers ago on Interstate 80 in northern Pennsylvania when a tractor-trailer barreled down on them and smashed into their car while they were stopped in a construction zone.

One man in the Toyota died, while his son-in-law suffered catastrophic brain injuries that have left him unable to walk normally or speak clearly, according to a story in The Legal Intelligencer. A woman in the vehicle was the wife of the man who was critically injured and is the daughter of the man who died, according to the story. She “witnessed the death of her father, the death of her two dogs and the catastrophic injury of her husband,” the story said.

Now, almost two years after the July 2010 tragedy, the case was settled for $26.1 million in the Philadelphia Court of Common Pleas, bringing to a close a horrific chapter in the lives of this family.

An ambulance stands ready to treat injured victims in this stock photo from a vehicle crash scene on a highway. Image credit: © iStockphoto.com/tillsonburg

The case serves as a reminder of the importance of excellent legal representation to help you and your family fight for the damages and compensation that you deserve after you are seriously injured due to the actions of others.

The tractor-trailer was being driven by defendant Spencer Chapman, who worked for GLC Transportation Inc., the story reported. The crash killed David Cook and critically injured Peter M. “P.J.” Sneeringer, who before the crash worked as a motorcycle and ATV salesman.

“Traffic was stopped because of road construction, and the tractor-trailer was traveling at 71 mph when it hit the Toyota,” according to the plaintiffs’ mediation memorandum. “Before the tractor-trailer rear-ended the Toyota, Chapman raised the cruise control speed on his truck to 72.5 mph 34 seconds prior to impact, according to the plaintiffs’ mediation memorandum.”

That information, which was the result of deep investigation by the plaintiff’s attorneys, played heavily in the plaintiff’s case against the truck driver and other defendants. “By driving a tractor-trailer past construction signs beyond a point when he should have been aware he was in a construction zone and ‘to actually increase the speed of the tractor-trailer even further above the posted speed limit and being so unaware … constituted reckless behavior that would have mandated this case go to the jury as a punitive damages case,’ plaintiffs’ attorney Daniel J. Mann of Feldman Shepherd” told the paper.

The other defendants in the case included Great Lakes Cheese Co., Great Lakes Cheese of Ohio, Great Lakes Cheese of New York and Chapman, the Intelligencer reported.

The defendants argued that the truck driver was a skilled driver who was the victim of intense sun glare just before the accident occurred. “Mr. Chapman had driven tractor-trailers for 36 years without accident,” according to a defense memorandum. “While [his] judgment on this day may have been suspect, his background, equipment, character and demonstrated driving skill are historically impeccable.”

Instead, the defense argued, “Chapman’s vision was impaired by a sun glare on the newly paved highway and that he moved the vehicle toward the left after seeing a Budget rental truck suddenly change lanes and slow down abruptly.”

The plaintiffs, however, countered that “the weather was clear and dry, the sun was behind Chapman and the road was straight in the two miles before the location of the accident, providing ‘perfect visibility for drivers,’” the story reported.

This kind of intense research and factual review of all of the nuances in your case are why you need the most experienced, caring and compassionate attorneys on your side as you and your family pursue claims against those who have harmed you.

From detailed investigating to the calling of expert witnesses to securing medical reports and prognoses for your injuries, your legal team has to be able to get to the facts at hand and show the court why your legal argument is the right one.

If you or a loved one is ever seriously injured in a motor vehicle accident, we here at MyPhillyLawyer stand ready to assist you, consult with you and represent you as you make your way through the legal system.

When Winning Matters Most, call MyPhillyLawyer.

MyPhillyLawyer’s Dean Weitzman, the host of “Court Radio,” will be a guest speaker at a two-hour legal question and answer session next Saturday, March 10, where you can ask your legal questions and get sensible, professional and helpful advice.

The session will be held from 1 to 3 p.m. at the upcoming “Praise 103.9 Inspiration & Music Conference” at the Pennsylvania Convention Center in Center City Philadelphia. The entrance for the event is at Broad and Arch streets.

Weitzman is the managing partner of MyPhillyLawyer and has been the weekly host of WRNB 100.3 FM’s “Court Radio” program for more than three years, answering a wide variety of topical legal questions for listeners every Sunday morning.

Dean I. Weitzman, the host of "Court Radio" on 100.3 WRNB FM, Philadelphia, and Magic 95.9 FM in Baltimore, Md.

The March 10 Praise 103.9 Inspiration & Music Conference will be held from 1 to 10 p.m. on March 10 and features workshops on music, relationships, faith, law and more.

Advance tickets for the Praise Conference are $50 for attendees to attend just one workshop, or $119 to be able to attend multiple workshops. Tickets sold on-site on the day of the conference are $60 for one workshop or $120 for a multi-session ticket.

You can purchase advance tickets for Weitzman’s legal workshop online. A workshop ticket also lets the ticket holder attend the three-hour-long finale concert at the event. The 8 p.m. finale concert will feature performances from musicians including Marvin Sapp, Israel Houghton, Earnest Pugh, William McDowell, James Fortune, Jessica Ready, JJ Hairston, and Smokie Norful.

Weitzman’s “Legal Advice” workshop, which will be held from 1 to 3 p.m., will include legal advice on topics from birth injuries, criminal defense, personal injury, vehicle accidents, medical malpractice, estate planning and more. The legal advice workshop will be hosted by popular WRNB 100.3 FM radio personality E. Steven Collins.

“I’m looking forward to being a part of the Praise 103.9 Inspiration & Music Conference and being able to talk with attendees and answer their legal questions,” Weitzman said. “This is just the kind of thing I do each week on my Court Radio show and it’s something I love to share with listeners. The worst legal question is the one that is not asked. If you have any concerns or questions about any kind of legal issue, I hope you’ll come to my workshop and ask them.”

Weitzman began his weekly Court Radio show in January of 2009, providing legal advice, comfort, folksy assistance and humor to callers who have legal questions and want to get help from a lawyer.  The live show airs each Sunday at 7 a.m. on WRNB 100.3 FM in the Philadelphia metro area. On New Year’s Day this year, the show’s audience grew with a first-ever simulcast on Baltimore’s Magic 95.9 FM. You can also listen live on the Internet at WRNB 100.3 or on Magic 95.9 via streaming audio.

Weitzman is joined on the radio show each week by his co-host and fellow attorney, David Rapoport.

About Court Radio

Listeners can call in with their legal questions to 800-539-1479 or they can email their questions to AskDean@CourtRadio.com. Participants are asked to only ask or submit ONE question each time so that all callers have a chance to discuss the legal topics that are on their minds.

Court Radio is the place to ask your legal questions and get real answers from lawyers with a deep background in the law, from personal injury to contracts and estates, insurance and much more.

Most weeks, Dean brings in a special guest to answer your legal questions and provide information on a dizzying array of legal topics, all with humor, good advice and at no charge to callers. You can even listen to past shows and their featured guests by downloading or listening to stored podcasts.

A production of WRNB-FM radio in Philadelphia, Court Radio is brought to you each week by the law offices of Silvers, Langsam & Weitzman, P.C., which is known throughout the Philadelphia area as MyPhillyLawyer.

This week marks the 10^th anniversary of the creation of the MyPhillyLawyer brand in the Philadelphia metropolitan area.

From the streets of Philadelphia’s incredible neighborhoods to the Jersey Shore, to Delaware, Maryland and north to Allentown, Easton and Bethlehem, the attorneys and staff of MyPhillyLawyer work hard every day to serve a diverse range of clients who are involved in a myriad of legal cases.

From personal injury cases to automobile, motorcycle, truck and other vehicle accidents, we are there to help you every step of the way, representing you and fighting for you and your family from depositions to court appearances to settlement talks and every step in between.

We’re there to handle a wide range of other legal cases, including medical malpractice, birth injuries, workplace injuries, estate law and estate planning, wills, criminal cases, worker’s compensation cases and more.

So what does the 10-year anniversary of MyPhillyLawyer mean to us here at the firm?

“To me, the MyPhillyLawyer brand symbolizes the image of a Philadelphia lawyer as one who is tenacious on behalf of his clients and who works tirelessly to understand his clients and their needs,” says Dean Weitzman, managing partner of MyPhillyLawyer.  “It symbolizes attorneys who put their clients’ behalf at the forefront of their work.”

“That branding is not by accident,” Weitzman says. “When you see our MyPhillyLawyer ads on TV or billboards or on the sides of city buses, those ads look different than ads you will see from any other law firms. That’s not by chance.  We run those ads because they show the lawyers of MyPhillyLawyer in their element – on the streets of Philadelphia in the same places where our clients are. I’m not sitting at a desk in a law library with law books behind me. I’m out at Pat’s Steaks. I’m in front of Citizens Bank Park. I’m on Logan Circle in front of the fountain. I’m where our clients live, work and play.”

“When our clients are involved in a legal case, they are typically going through a tough time and need an attorney who will be there for them, to support them emotionally and help them through the maze of the legal system,” Weitzman says. “That’s the kind of compassionate service that we provide to each and every client who we represent.  That’s what our clients feel from us.”

The MyPhillyLawyer moniker is how we created an online presence for the original law firm on which the company is based. The original firm, Silvers & Langsam, was started in 1976 by the late Arnold Silver and Saul Langsam, who remains with the firm today. Later, Dean Weitzman joined the firm, eventually inspiring another name change for the firm to Silvers, Langsam & Weitzman. Today, MyPhillyLawyer is the online and public face of the firm and its attorneys and staff.

Over the years, the MyPhillyLawyer Web site has grown to include a large number of useful resources for clients and prospective clients.

There’s our own MyPhillyLawyer Blog page, where you can read about a wide range of legal issues and cases in the news and get advice, insights and great information.

Then there is the popular and engaging MyPhillyLawyer Court Radio show, hosted by Dean Weitzman and broadcast every Sunday morning at 7 a.m. on WRNB-FM 100.3 in Philadelphia. The innovative radio show, which encourages callers to phone in with any legal questions or comments that they have, is simulcast on the station’s Web page so you can listen in from anywhere with Internet access.

Do you know that you can also find MyPhillyLawyer on Facebook, Twitter and YouTube? Feel free to check in regularly on each site and subscribe to our Facebook posts, Twitter Tweets and YouTube videos so you can stay up to date on what we are up to here at MyPhillyLawyer. Don’t forget to send in your comments and questions, too.

We’re proud of the work we have done on behalf of our clients over the last 10 years and we are grateful to all of you for bestowing your trust in us. We look forward to serving your legal needs whenever you need us.

To every one of our thousands of clients over the years, we say thank you.

Best wishes for a Happy and Safe Holiday Season to you all.

Sincerely,

The Attorneys of MyPhillyLawyer

Dean Weitzman, Frank Breitman, John Logue, Saul Langsam, Ken Edelin Jr., William Hobson, Robert Nix and Todd Richman

When Frank Breitman joined MyPhillyLawyer in January of 2007, he had already covered the waterfront in the practice of law.

In his diverse career, he’s worked in a public defender’s office and has handled tax cases, real estate matters, civil cases, collection cases and just about everything in between.

But the work that really gets his legal juices flowing is representing clients in personal injury cases and helping them get their lives back on track after devastating injuries.

Frank Breitman, MyPhillyLawyer

His passion for the law and for helping his clients began with his first exposure to the courtroom as a summer intern in the Philadelphia Public Defender’s Office during his first year of law school at Boston University School of Law.

Breitman returned to his hometown of Philadelphia for the internship and dove right in.

“I fell in love with the rush of the court and working with clients,” he said. “There is no better job than public defense work for a young lawyer.  It’s total thinking on your feet.  You get 50 to 60 cases a day and you never know what’s going to happen.”

Those feelings of passion he has for his work, for caring for his clients and their diverse cases, continues today in his work at MyPhillyLawyer.

“In a criminal case, the defendant is going to go to jail if we lose, so that’s a lot of stress,” Breitman said.  “In a personal injury case or civil case, my client’s financial future and ongoing quality of life is in my hands. For me, I take it all personally because I’m the one who is standing there with the client.”

That compassion and dedication has been honed through three decades of practicing law with a host of other attorneys who have mentored him and displayed that same drive and determination, he said.

Born in the Philadelphia suburb of Bala Cynwood, Breitman attended public schools through 8^th grade and graduated from Friends’ Central High School. His father was a doctor – a general practitioner and a pharmacist – who had an office at Broad and Erie streets. As a boy, his dad would take him on house calls to see patients, giving him lasting impressions about caring for others.

Just as Breitman was about to finish high school and enter college, his father died suddenly. It was then that Breitman decided he wanted to become a lawyer and work to help others as his dad had done before him.

Breitman even signed his high school yearbook, “Frank Breitman, Esquire” – long before he earned his law degree. He had his calling and he would not be stopped.

Breitman went on to the University of Pennsylvania where he studied Chinese and earned two degrees in 1977 – a Bachelor of Science degree in Economics from the Wharton School and a Bachelor of Arts degree in Oriental Studies from the College of Arts and Sciences.

One year later, Breitman received his Masters’ of Arts degree from the University of Pennsylvania in Oriental Studies.

He received his Juris Doctor from Boston University School of Law in 1981.

Breitman is currently admitted to the Bars of the Pennsylvania Supreme Court, the United States District Court for the Eastern District of Pennsylvania, The United States Third Circuit Court of Appeals, and the Supreme Court of the United States.

He was in private practice for 18 years before joining MyPhillyLawyer.

“When I was younger, like others at the time in the late 1960s, I wanted to grow up and be James Bond,” Breitman said. “I wanted to be a spy.”

He even applied to the CIA after he inquired and learned that the legal career he wanted to pursue could be a good track into the agency.

Eventually Breitman learned that working closely with clients on their cases and helping them in the courtroom was what made him happy and satisfied.

His dreams of becoming a spy dissipated.  “It was just something that never worked out,” he said.

Has there been one legal case that has had its greatest impact on his work as an attorney?

That one, Breitman said, would be the one involving the family of a longtime client some 10 years ago.

It was a Memorial Day weekend. His client’s brother was driving a car southbound on I-95 near Philadelphia when a northbound tractor-trailer pulling a tanker of petroleum went out of control and flipped over the median, smashing into the man’s car, killing him instantly. The heat from the flaming petrol was so severe that I-95 was heavily damaged and was closed for about a month while road workers repaired the busy highway.

“I got a call from my client,” Breitman said.  “It was his brother in the crash.  They asked me to represent the estate.  I was dealing intimately with the law, the trucking company, the state Department of Transportation due to the damage to the highway, and with the grieving families.  That changed my outlook and made me realize how much was at stake for my clients.  That case was honest and real, there was no question.  I was up against huge firms that had unlimited resources.  And I won the case for my clients.”

Breitman has been married to his wife, Carla, for 28 years.  They have three children.

He’s an avid woodworker and has built many pieces of carefully crafter furniture.  He’s also a devoted gardener who grows flowers, vegetables and rare Japanese cut leaf maple trees.  He also enjoys fixing up his house, combing for antiques and is a voracious reader, consuming at least one to two thrillers and mysteries each week.