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Personal Injury Archives

10 symptoms of a traumatic brain injury

A brain injury can be catastrophic, and some TBIs never fully heal. In some cases, even mild brain injuries can lead to degenerative brain diseases. It's critical to know when a brain injury has occurred and to get help quickly. This is important for people of any age, but middle-aged workers should be especially vigilant, as an injury could ruin a career and make it impossible to work again. Below are 10 symptoms to watch out for:

Takata airbag recall expanded

Takata Corporation is the largest manufacturer of airbags in the world. More than 100 million of Takata's airbags have been installed in cars in the United States. At the moment, about 34 million of those vehicles are on the road and potentially affected by alleged dangerous design and manufacturing defects that are believed to have killed at least 14 people while injuring over 100 more.

Pa Supreme Court Says Governmental Damages Caps are Constitutional

As a follow up to my previous post on governmental statutory damages caps, the Pennsylvania Supreme Court ruled that such caps on awards against governmental entities are constitutional.  This tragic case involved a 14 year old student who lost her leg from an injury caused by the negligence of a school bus driver.  The student was standing on a side walk with other students when the school bus driver accidently pressed the gas pedal instead of the break.  The bus jumped the curb striking the student, crushing her leg and pelvis.  At trial she was awarded $14 million dollars by the jury for her injuries but the verdict was molded (or reduced) to $500,000 which is the statutory cap placed on damages against governmental entities in Pennsylvania.  

Business Patron Killed While Crossing State Road, Business Not Liable

When personal injury occurs the details of the accident are key in determining who might be potentially liable, or responsible, for the injury.  The location of the accident is one huge detail that determines liability.  A business owner might be held liable for injuries sustained by patrons on the business's property, but what about a patron who is crossing the road to get to the business?  A recent Philadelphia County case sheds light on this issue.

Berks County Court Awards $18 Million in Bad Faith Case

An insurance company has a duty to act in good faith and fair dealing in both the defense and indemnity of third party claims (claims of others against you, as an insured) as well as a duty to pay for first party claims (your claims against others).  When the insurance company fails to live up to these duties when a valid claim exists, then a case of bad faith may exist.  

Medical Malpractice the Basics

A claim for medical malpractice arises when a person was injured or harmed in some way by medical treatment or misdiagnosis and the treatment was below the accepted standard of care for medical providers in that community under similar circumstances.  A medical malpractice claim is a negligence claim.  

Customer Claims Tainted CVS Eye Drops Caused Injury

As consumers, we expect the products on the shelves of stores to be safe.  We expect the manufacturers of the products we use to inspect and test the products before they reach the store shelves to ensure that they will not cause injury or illness.  When safety standards are overlooked personal injury can result from defective products

Statutory Damages Caps Constitutional?

It is important to realize that if you are injured by the negligent conduct of an government employee recovering money for your injuries will be difficult.  Both the federal and state governments are entitled to certain immunities from suit.  For instance, under the Political Subdivision Tort Claims Act lawsuits against local municipalities are barred.  There are certain exceptions to this suit bar, one of which is the operation of a moving vehicle.  Even if suit is permitted under the Act there is a $500,000 cap on the damages you are permitted to recover.

PA Jury Finds Doctor Not Liable in Broken Needle Case

We all understand that medical procedures always involve a certain amount of risk.  However, for the most part the benefits of the procedure outweigh the risks involved.  Unfortunately, personal injury can occur during a medical procedure due to a defective medical product or medical malpractice on the part of the doctor or hospital staff.  A recent personal injury case out of Philadelphia County involved the alleged misuse of a specific type of needle used on a patient during a biopsy procedure.

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