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Posts Tagged ‘ personal injury cases ’

Hiring the Right Lawyer Sometimes Means Getting a Second Opinion

If you go to a doctor and get questionable advice about a medical condition, it’s likely that you’ll go and seek a second opinion.

So why don’t people think about getting second opinions when it comes to lawyers? Actually, it’s a good question that came up recently with a client who called MyPhillyLawyer in May seeking our help in just such a scenario.

Our client, a middle-aged man in Northeast Philadelphia, was severely injured on Jan. 5, 2015, as he crossed Castor Avenue in Oxford Circle in the middle of a block.  He had walked halfway across the road and was waiting in the center of the wide street, standing between the yellow lines of the median strip, so that the remaining vehicles could move out of his path and he could finish crossing the street. As he waited, a car plowed into him in the center median and one of its side-view mirrors struck him in the head, causing traumatic brain injuries and other horrific injuries.

Image credit © iStockphoto.com/Svenler

The driver of the car that struck him was apparently distracted by something in the vehicle and didn’t see the man in the median as the vehicle crashed into him.

The man’s family went to a local law firm and sought legal help to seek compensation for his devastating, life-changing injuries. The crash and aftermath took away his career and put him in a wheelchair. He now lives in a nursing home and has only a limited vocabulary.

The law firm that his family hired did some research into the man’s case but sent him a letter a few months later explaining that they would not be able to help with the case. They essentially abandoned the victim and his family.

Then the family came to MyPhillyLawyer in May through a referral from another previous client.

Three months to the day after we were retained, MyPhillyLawyer was able to settle the man’s case for the maximum policy limits of the at-fault driver’s insurance coverage, getting $100,000 in compensation so far. And that’s not all that we are doing. Now we are also planning to pursue an under-insured motorist claim from the victim’s auto insurance company since those coverages come into play if you are injured in an accident involving a vehicle in any way. With this case, we will seek additional compensation for our client to help care for him and his long-term catastrophic injuries.

So what does this all mean?

It comes back to the legal second opinions we discussed earlier. As a plaintiff, if you are represented by a law firm and you don’t feel that they are handling your case properly, then you are entitled to get a second opinion to protect your legal rights. And what often happens, as in this case, is that a fresh set of eyes and specialized legal expertise can help turn your case into one that can bring you and your family fair compensation that is needed for your injuries, pain and suffering and long-term care.

With a second opinion, you may find that something more can often be done on your behalf than is being portrayed by the original law firm. A key reason for that is that sometimes the law firm you originally contacted doesn’t specialize in personal injury cases and they may not tell you that at the outset, leaving you to find out after you have invested time and effort into seeking fair compensation for your losses. Sometimes attorneys will take cases that they are not qualified to handle just because they want your business. That’s certainly not an attorney that you want to retain.

Instead, you should hire a qualified law firm that can handle complex personal injury cases because they specialize in such case law. That’s where MyPhillyLawyer can help.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

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 incident or 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.

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$847K Jury Award to Woman for Serious Injury Due to Fall on Ice

A woman who slipped and fell on an icy sidewalk in front of her Philadelphia apartment building as she was leaving her building on Feb. 1, 2011, has been awarded an $847,362 jury verdict to compensate her for severe injuries and a bone dislocation from the icy fall.

The victim, Angelit Barnes, was leaving her building at the Campus Apartments in Philadelphia early that morning when she fell and suffered a severe fracture and dislocation of her right ankle that caused a bone to go through her skin, according to a Dec. 23 story in The Legal Intelligencer. The sidewalk was covered in ice at the time of her fall, the story reported.

Image credit: © iStockphoto.com/courtneyk

The negligence case was heard in the Philadelphia Court of Common Pleas.

“As a result of her injury, Barnes had to get surgery, including the placement of pins and screws into her bone” and a cast for three months, according to a plaintiff’s memo. “During rehabilitation of her ankle, the memo said, she began to develop left knee pain and an altered gait.”

She was still experiencing pain and discomfort in her ankle on her last visit to her orthopedic surgeon, the story reported. “According to the memo, she is unable to stand and walk more than three hours per day, and her surgeon said she will continue to need annual medical visits and anti-inflammatory medication as a result of the injury.”

Based on the testimony and facts in the case, the jury awarded Barnes $762,200 for pain and suffering, $47,362 for medical expenses and $37,800 for lost earnings, the story reported.

These kinds of legal cases occur every day when innocent victims slip and fall or are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

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 incident or 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.

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$400,000 Settlement to Woman Who Fell From Backyard Deck

As she relaxed on the backyard deck of her rental home on in Rossville, N.Y., on July 21, 2011, Lorraine Gallo leaned on the deck’s railing and was severely injured when the railing broke and she fell to the ground below.

Gallo, now 55, suffered neck, back and knee injuries from the fall, which occurred at home she rented on Barry Street in Rossville, according to an Oct. 28 story in the Staten Island Advance newspaper.

Image credit: © iStockphoto.com/courtneyk

Gallo’s lawsuit against her landlords, Z & F Realty Estate LLC and David Fogel, alleged that the property owners were liable for her injuries because they allowed an unsafe condition to exist, the story reported.

Prior to Gallo’s fall from the deck that summer, the property owners “had the railing installed and later repaired at some point before the episode,” the paper reported.

Gallo’s serious neck injuries from the deck fall required fusion surgery, according to court papers reviewed by the newspaper.

Personal injury cases like this one occur every day when innocent victims are hurt or killed in a wide variety of incidents through no fault of their own due to the actions or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in an incident or 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.

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$850,000 Settlement To Brain Injury Victim in Armored Truck Crash

An $850,000 settlement has been reached in the case of a driver whose suffers from a traumatic brain injury caused when his car was struck hard by an armored truck that ran a red light in April 2012 in Bensalem, Pa.

The victim, Frank Jazlovietcki, was 29 at the time of the crash, which happened when an armored truck owned by Garda CL Atlantic Inc., smashed into his car, according to an Aug. 19 story in The Legal Intelligencer. The case was being heard in the Philadelphia Court of Common Pleas.

The seven-ton armored truck, which was being driven by Garda employee Kevin Moss, struck the victim’s car on the passenger side, and then pushed the car into another vehicle and onto a grassy area, the story reported. Jazlovietcki was trapped in his car after the crash. Jazlovietcki was driving northbound on Brookwood Drive at Street Road in Bensalem on April 21, 2012, when the crash occurred.

Image credit: © iStockphoto.com/sshepherd

“At the hospital, Jazlovietcki was diagnosed with a radial shaft fracture of the left arm, and closed head injury,” the story reported. “The CT scan showed a laceration of the scalp over the right posterior frontal parietal region, as well as a subcutaneous hematoma.” His left arm was also splinted after the crash.

Several days later, Jazlovietcki returned to the hospital on April 23, 2012, “complaining of difficulty breathing, increased neck, head, jaw, left arm and right hand pain.” Tests were conducted including X-rays, as well as EKG and CT scans, the story said.

Jazlovietcki continued to have other health difficulties after the crash, including vertigo, blurred and double vision and memory loss, the story reported. He also experienced radiating pain down his legs and arms, severe wrist pain, and ongoing headaches, back pain, rib cage pain and pain in his left arm, according to the report. An orthopedist later diagnosed Jazlovietcki with a cerebral concussion, cervical, thoracic and lumbosacral pain and strain and myofasical syndrome, the report said. He continued to have ongoing medical issues.

Another doctor, a neuropsychologist, later diagnosed the victim with concentration, speech and short-term memory problems, according to the story. The doctor also diagnosed him as suffering from anxiety and depression and unable to resume work, as well as from a traumatic brain disorder. He had been employed as a material handler in a K-mart store.

On July 28, the case was settled for $850,000.

These kinds of injury cases occur every day when innocent victims are hurt or killed in vehicle crashes through no fault of their own due to the actions or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

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 incident or 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.

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Judge Awards N.J. Woman $1.4 Million for Injuries Caused By Stage-Diving Performer at Rock Concert

A Vorhees, N.J., woman has been awarded $1.4 million in damages by a U.S. District Court judge in Philadelphia for serious injuries that she suffered when she was struck by a stage-diving singer while attending a rock concert at the WXPN’s World Café Live music venue on Feb. 23, 2010.

The woman, Kimberly Myers, now 46, suffered a cracked skull and other injuries when Angelo “Dr. Madd Vibe” Moore, the lead singer of the band, Fishbone, dove from the stage during a song and jumped into the crowd below, falling on top of Myers and other concert-goers at the West Philadelphia venue, according to a Feb. 25 story in The Legal Intelligencer.

Myers “has had severe and persistent medical problems from the injuries she suffered,” according to the report.

Image credit: © iStockphoto.com/dwphotos

The judge in the case, Judge Jan E. DuBois, ruled in favor of Myers after hearing testimony in the trial and ordered Moore and the band’s bassist, John Norwood Fisher, to pay $1.1 million in compensatory damages, the story reported. Moore was also ordered to pay Myers $250,000 in punitive damages.

“Moore, who refused to answer questions at his deposition regarding his use of illicit drugs on the date of the incident in question, intentionally dove from an elevated stage despite knowing that stage diving in and of itself poses a serious risk of harm to audience members,” DuBois wrote in his opinion, according to The Legal Intelligencer. “Further, Moore exhibits little remorse or impetus to change his conduct,” DuBois said. “Moore continues to stage dive at almost every performance and exhibits nothing but apathy … towards his victims, whom he repeatedly characterized, during his deposition, as ‘predators’ out to steal his money.”

The band, Fishbone, “continued to perform as if nothing had happened” just after Myers was injured by Moore’s stage-dive, DuBois wrote in his ruling, according to a Feb. 13 story in The (Camden) Courier-Post.

Myer had previously received injury settlements from another band that played that night, Silverback, and from the University of Pennsylvania, which operates World Café Live, the story reported.

Similar injuries have been received by other concert-goers in the past, and had been sued at least once before over similar conduct, the judge told the court, according to The Courier-Post story.

“Moore testified that every couple of months an ambulance is called to the concert venue,” DuBois wrote in his ruling, the paper reported. “Moore and Fisher also use stage-diving to publicize the band, such as by including stage-diving images on album covers and promotional T-shirts.”

DuBois wrote in his ruling that “Moore’s primary concern when he is stage diving is with own safety and with the potential for what Moore believes to be frivolous lawsuits filed by ‘predators’” who seek money for false injuries, the judge wrote, according to the paper.

Since the incident, Myers now suffers from memory problems, shoulder pain, and autoimmune problems that led to lupus, the paper reported.

In her lawsuit against the band, Myers alleged that Moore jumped off the stage on the night of the concert “without any warning” and dove into the audience near where she was standing, causing her injuries, according to a March 3, 2010 story published by on Philly.com. “The lawsuit charges that Moore did not apologize to Myers and that instead, the band ‘continued its performance as if nothing had happened.’”

Myers’ lawsuit acknowledged that the band had a history of stage-diving, but added that she was not familiar with the band or its performances. “The suit said that World Cafe, however, should have been aware of Moore’s stage-diving past and was liable for Myers’ injuries because the venue should have warned the audience that diving might occur,” the Philly.com story reported.

The incident that left Myers seriously injured is certainly an unusual one when compared to vehicle crashes, workplace injuries and medical malpractice injuries suffered by plaintiffs in typical personal injury cases. But the case underscores the fact that innocent victims are hurt due to the actions or indifference of others in a wide range of incidents in every kind of situation imaginable. And 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 personal injury case 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.

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Family of Western Pa. Driver Killed by Tractor-Trailer Awarded $5.5M in Wrongful Death Case

As he drove his Chevrolet Cobalt in Mahoning Township, north of Pittsburgh, on Aug. 18, 2008, 22-year-old Mark McConnell II was tragically in the wrong place at the wrong time. As he drove, a tractor-trailer parked on the side of the road pulled into his path without warning, causing a heavy collision that killed McConnell.

Now, more than five years later, his family has been awarded $5.5 million in damages by a Lawrence County, Pa., jury, which finally brings an end to the family’s wrongful death lawsuit that was filed in the matter, according to a Jan. 14 story in The Legal Intelligencer.

The verdict on behalf of McConnell’s parents, Vickie and Mark A. McConnell, came after the jury found the tractor-trailer driver, Andrew V. Johnson, 30 percent negligent and his employer, Guru Global Logistics LLC, 70 percent negligent, the story reported.

Image credit: © iStockphoto.com/tillsonburg

Johnson’s truck “was idling on an on-ramp leading into an intersection while he waited inside for instructions from one of his joint-employers as to where he would be traveling,” just as the crash developed, the story reported. “At the time Johnson began moving toward the intersection, court papers said, Mark McConnell II was driving on a perpendicular route in his car. The plaintiffs alleged that Johnson, in crossing the intersection, failed to heed a stop sign and flashing red lights as he crashed into McConnell’s vehicle. The force of the impact forced McConnell’s car across the intersection where the front driver’s side of the vehicle collided with two utility poles.”

McConnell was trapped in his vehicle following the crash and was flown by helicopter to a hospital in Youngstown, Ohio, where he went into cardiac arrest and died, the story reported.

“Johnson’s court papers claimed that Johnson had come to a stop at the intersection and had looked both ways before crossing,” the report stated. “Johnson’s papers also alleged that McConnell did not heed the flashing yellow lights in his lane of traffic, and was speeding when the two vehicles collided.”

The defense also claimed that the collision between the two vehicles caused McConnell’s car to rotate clockwise and effectively bounce off of Johnson’s truck into the utility poles.

After hearing the facts of the case, the jury awarded the McConnell family $2.1 million for the loss of their late son’s future earning capacity; as well as $3 million for loss of services, society and comfort; and $365,000 for conscious pain and suffering, the story reported.

McConnell lived in Edinburg when he was killed, according to a 2008 story about the crash in the New Castle News in New Castle, Pa.

McConnell’s tragic death potentially could have been prevented had the defendant made a better effort to safely check for traffic before pulling his rig back on to the roadway.

At the same time, there’s something else notable about this large verdict compared to what are usually smaller wrongful death awards from juries in more conservative parts of Pennsylvania away from the Philadelphia area.

“This is the largest Lawrence County verdict to have been reported by The Legal over the past 20 years, according to information compiled in The Legal’s annual magazine, PaLaw,” The Legal Intelligencer report continued. “According to PaLaw, Lombardo v. Gardner, a $2.79 million medical malpractice verdict in 2006, was formerly the top Lawrence County verdict.”

This is a very interesting development for prospective plaintiffs who are seeking damages in clear wrongful death cases in the Commonwealth of Pennsylvania. In the past, large verdicts like these were typically only awarded by juries in Philadelphia, where such amounts don’t cause juries to balk, but this and other recent cases are showing that those old patterns are changing. For plaintiffs, this is a positive sign across Pennsylvania in recent years.

It’s a trend that we’re seeing locally and it is evidence that victims of accidents, wrongful death and also medical malpractice who have suffered catastrophic injuries are able to win significant and fair verdicts when the evidence is clear and convincing – no matter where in the Commonwealth that the case is heard.  It means that plaintiffs can now go to court with the facts on their side anywhere and receive substantial and deserved awards for their serious injuries caused by the unfortunate actions of others.

These kinds of cases occur every day when innocent victims are hurt or killed in vehicle accidents through no fault of their own due to the actions or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

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 incident or 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.

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