Committed to Your Recovery
-
Personal Injury
-
What is a personal injury case?A personal injury case is a legal dispute that arises when an individual suffers harm, such as an injury or illness, as a result of the negligent or reckless actions of another party. Personal injury cases may involve a wide range of injuries, including physical injuries, emotional or psychological injuries, and financial losses.
-
How do I know if I have a personal injury case?
It's crucial to consider whether you are hurt. "Were my injuries brought on by the carelessness or negligence of another person?" Was my accident avoidable or preventable? If you can "Yes" to any of these inquiries, you could have a case and want to speak with a lawyer.
To have a valid personal injury case, you must be able to demonstrate that you were injured as a result of the negligent or reckless actions of another party. You will also need to show that your injury resulted in damages, such as medical bills, lost wages, and pain and suffering.
-
How much is my personal injury case worth?The value of a personal injury case depends on the specific circumstances of your case, including the severity of your injuries, the impact your injuries have had on your life, and the amount of damages you have incurred. An experienced personal injury attorney can help you determine the potential value of your case.
-
Do I need an attorney for my personal injury case?While you are not required to have an attorney for a personal injury case, it is generally in your best interest to seek legal representation. Personal injury cases can be complex and involve a wide range of legal issues, and an attorney can provide you with the legal knowledge and resources you need to pursue your claim.
-
How do I choose the right personal injury attorney?When selecting a personal injury attorney, it is important to consider the attorney's experience, reputation, and track record. You should also look for an attorney who is knowledgeable about the laws and regulations that pertain to your specific type of injury.
-
How long do I have to file a personal injury claim?The statute of limitations, or time limit, for filing a personal injury claim varies by state. It is important to consult with an attorney as soon as possible after your injury to ensure that your claim is filed within the applicable time limit.
-
Will I have to go to court for my personal injury case?Not all personal injury cases go to court. Many cases are resolved through settlement negotiations or alternative dispute resolution methods, such as mediation or arbitration. However, it is important to be prepared for the possibility of a trial, as some cases may need to be litigated in court.
-
How do I prove negligence in a personal injury case?To prove negligence in a personal injury case, you must be able to show that the other party owed you a duty of care, that they breached this duty of care, and that their breach caused your injury.
-
-
Workers' Compensation
-
What if my workers' comp claim is denied?If your workers' compensation claim is denied, you have the right to appeal the decision. It's important to consult with an experienced workers' compensation lawyer who can guide you through the appeals process. They can help gather additional evidence, present your case to the appeals board, and fight for your right to receive the benefits you deserve.
-
How long do I have to file a workers' compensation claim in Pennsylvania?In Pennsylvania, you generally have 120 days from the date of your injury or the date you became aware of your work-related illness to report it to your employer. You then have three years from the date of the injury or illness to file a workers' compensation claim. It's important to act promptly to ensure you meet these deadlines.
-
What types of benefits am I entitled to?
Workers' compensation benefits can include:
- Medical expenses related to the injury or illness
- Wage loss benefits to compensate for lost income
- Specific loss benefits for permanent impairment
- Vocational rehabilitation services to help you return to work
The specific benefits you may be eligible for will depend on the nature and severity of your injury or illness.
-
What should I do if I am injured at work?If you are injured at work, you should report the injury to your employer as soon as possible and seek medical attention. It is important to document the injury and any medical treatment received.
-
Are all workplace injuries covered by workers' compensation?
Not all workplace injuries are covered by workers' compensation. The injury must have occurred while performing job-related duties to be eligible for workers' compensation benefits.
-
Can I choose my own doctor for a workers' compensation claim?You may be required to see a doctor approved by your employer's workers' compensation insurance provider for initial treatment. However, you may have the option to choose your own doctor for ongoing treatment, depending on the specific circumstances of your case.
-
-
Construction Accidents
-
What should I do if I've been injured in a construction accident?
If you've been injured in a construction accident, you should:
- Seek medical attention immediately and report the incident to your employer.
- Document the details of the accident, including any witnesses and evidence.
- File a workers' compensation claim to ensure you receive the benefits you are entitled to.
- Consult with an experienced construction accident lawyer to protect your rights and explore your legal options.
-
What types of injuries are common in construction accidents?
Construction accidents can result in a wide range of injuries, including:
- Injuries from falls
- Electrical shock injuries
- Crush injuries
- Respiratory illnesses from chemical exposure
- Amputation/loss of limb
- Severe burns
- Paralysis
- Brain injuries
- Spinal cord injuries
- Severe fractures
-
Can I sue someone other than my employer for a construction accident?
In some cases, you may be able to file a personal injury lawsuit against a third party who was responsible for your construction accident injury.
Examples of third parties that may be held liable include:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
Consult with a construction accident lawyer in Pittsburgh to evaluate your case and determine if you have grounds to pursue a lawsuit against a third party.
-
-
Birth Injury
-
How do I know if my child’s birth injury was caused by medical negligence?
Medical negligence can occur when healthcare providers fail to follow the standard of care expected in the medical field. Signs of negligence may include delayed treatment, failure to monitor fetal distress, improper use of medical tools, or mistakes during labor and delivery.
-
What should I do if I suspect my child has suffered a birth injury?
If you suspect that your child suffered a birth injury, it's important to:
- Seek medical attention to assess the severity of the injury
- Collect medical records and any documentation related to the birth
- Consult a birth injury lawyer to review the details of your case
-
What is the statute of limitations for birth injury cases in Pennsylvania?
In Pennsylvania, the statute of limitations for birth injury claims is generally two years from the date of the injury. However, special rules apply for minors, allowing you to file a claim within two years of discovering the injury, or until the child turns 20 years old.
-
What damages can I recover in a birth injury lawsuit?
You may be able to recover damages for:
- Medical expenses (past and future)
- Rehabilitation and therapy costs
- Pain and suffering
- Loss of income (for parents who need to care for the child)
- Lifelong care and assistance
-
How long will a birth injury lawsuit take to resolve?
The timeline for a birth injury lawsuit varies depending on the complexity of the case. Some cases settle quickly, while others may take several months or even years to reach a resolution, especially if they go to trial.
-
Do I need to prove negligence to win a birth injury case?
Yes, to succeed in a birth injury lawsuit, you must prove that the healthcare provider’s negligence caused the injury. This involves demonstrating that:
- The healthcare provider owed a duty of care
- There was a breach of that duty
- The breach caused the injury
- The injury resulted in damages
-
What does it cost to hire a birth injury lawyer in Pennsylvania?
Most birth injury lawyers work on a contingency fee basis, meaning you don't pay any legal fees upfront. The lawyer only gets paid if you win your case, usually taking a percentage of the settlement or court award.
-
What evidence is needed for a birth injury case?
Evidence in a birth injury case may include:
- Medical records from prenatal care, labor, and delivery
- Testimonies from medical experts
- Witness statements
- Photos and documentation of the child’s injuries
- Documentation of ongoing care and treatment needs
-
How much is my birth injury case worth?
The value of a birth injury case depends on the severity of the injury, the extent of medical expenses, the impact on the child's quality of life, and other factors. A lawyer can help estimate the potential value after reviewing the specifics of your case.
-
Can I file a claim against a hospital in Pennsylvania?
Yes, if the hospital's staff or policies contributed to the injury, you may have grounds to file a claim against the hospital for negligence.
-
-
Product Liability
-
What is product liability?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products they produce or sell. This responsibility is most commonly fulfilled by providing injured consumers with financial compensation.
-
What is “strict liability” in product liability cases?
\Strict liability can hold manufacturers and sellers responsible for injuries caused by their products, regardless of whether they were negligent when designing, making, or selling the product. In Pennsylvania, strict liability is a common standard in product liability cases.
-
How do I prove liability in a product liability claim in Pennsylvania?
Usually, to prove a product liability claim in Pennsylvania, you need to demonstrate that:
- The product was defective or unreasonably dangerous.
- The defect caused your injury or damages.
- The product was being used as intended or in a foreseeable manner at the time of the injury.
-
Do I have to prove the manufacturer was negligent?
In many product liability cases in Pennsylvania, you do not have to prove negligence because of the doctrine of strict liability. Under strict liability, you need to show that the product was defective (in design, manufacture, or warning) and that the defect caused your injury when the product was being used as intended or in a foreseeable way. That said, depending on the specific case, negligence claims may also be used, especially when proving how the defect occurred or whether warnings were adequate. Hiring a lawyer can help sort out which legal theory (or theories) apply to your situation.
-
Who can be held liable in a product liability claim?
Potentially liable parties in a product liability claim include the manufacturer, distributor, retailer, and the product designer or component suppliers, depending on the circumstances of the case.
-
What damages can I recover in a product liability claim?
Damages in a product liability claim may include compensation for economic losses like past and future medical expenses, as well as past and future lost wages. Non-economic losses are generally allowed in these case types, too, such as pain, suffering, loss of enjoyment of life, and other hardships. In rare cases, punitive damages meant to punish the responsible party for particularly egregious conduct could be approved by the court.
-
How long do I have to file a product liability claim in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a product liability claim is generally two years from the date of injury. However, there can be exceptions that reduce this time limit further, so you should always talk to an attorney as soon as possible.
-
Can I still file a product liability claim if the product is very old or has been discontinued?
Yes, in many cases you can. Whether the product was defective and how that defect caused your injury is more important than the relative “newness” of the product in question. Even if the manufacturer no longer produces the product or it has been discontinued, the maker, distributor, or prior seller may still be responsible. It’s important to act quickly, though, because gathering evidence (like maintenance records, service data, or product samples) becomes harder over time.
-
What if I misused the product? Does that prevent me from having a valid claim?
Not necessarily. A key part of a product liability claim is whether the product was used in a way that was reasonably foreseeable. Manufacturers must anticipate some kinds of misuse. For example, giving warning labels for obvious misuse scenarios. If you used the product in a non‐foreseeable way, or in a way that clearly violates safety instructions or warnings, it might weaken your claim, but don’t assume you have no options. Talk to an attorney from our firm to learn if you can still file a claim.
-
-
Slip & Fall
-
What should I do immediately after slipping and falling, even if I feel okay?
Immediately after a fall, it’s important to take certain steps to protect your health and preserve evidence. First, get medical attention; some injuries (like internal bleeding or concussions) may not show symptoms right away. Even if you believe you are fine, injuries sometimes worsen over time, so it’s better to have medical records from right away. Next, if possible, document the scene by taking photos or video of the area, any hazards (wet floors, broken stairs, poor lighting, etc.), and your surroundings. Also, see if there were witnesses, and get their contact information. Lastly, call a lawyer.
-
Can I file a claim slip and fall in a home or only in public or commercial places?
You can have a slip-and-fall injury almost anywhere. While many cases occur in public places (stores, sidewalks, apartment complexes, workplaces, etc.), some cases begin from accidents that happened in private homes. For example, if a homeowner fails to fix a dangerous condition like loose floorboards, broken steps, or slippery floors, they could be responsible for any injuries suffered by a visitor who slips or trips on their property. In such cases, the claim is usually filed against the relevant homeowner’s insurance policy.
-
What kinds of injuries commonly result from slip-and-fall accidents?
Slip-and-fall accidents can cause a wide range of injuries, some minor and some very serious. In fact, accidental falls are the leading cause of injury-related death among seniors, according to data from the Centers for Disease Control and Prevention.
Common injuries caused by slip-and-fall accidents include:
- Sprains, strains, or torn ligaments (especially ankles, knees, and wrists)
- Fractures or broken bones
- Head injuries, including concussions
- Back, neck, and spinal injuries
- Soft tissue injuries
In some cases, more serious and life-threatening complications may arise, especially for older adults or people with preexisting conditions.
-
Does it matter what footwear I had on or how I fell?
Your footwear could affect your chances of accidentally slipping and falling. How you fell and how you landed could both affect your injuries and their severity. However, such details are usually only brought up by defendants to try to unfairly place liability on the person who slipped and fell on their property. Generally, courts have not been convinced that a plaintiff should be partially liable for a slip-and-fall accident because they “wore the wrong kind of shoes” or they “didn’t do enough to break their own fall.”
-
How long does recovery usually take after a slip-and-fall injury?
Yes. In most cases, your health insurance will cover medical treatment needed after a slip-and-fall accident, just like for any other accident or illness. The medical and insurance records created when you seek treatment can be very important if you later decide to consult an attorney about what happened. Make sure to follow through with recommended treatments and visits so your medical record reflects your full recovery journey.
-
What kinds of evidence should I try to preserve after a slip-and-fall?
Preserving evidence after a slip-and-fall accident is an important step, but it is one that many people miss. After you fall, you might not be in any condition to start collecting evidence. If you call our attorneys right away, though, we might be able to send someone from our team over to the scene relatively quickly to begin evidence collection or look for anything you might have missed.
Key items that might help your claim include:
- Photographs or videos of the scene (before the hazard is fixed, if possible), including angles that show the hazard (flooring condition, lighting, slippery liquid, steps, surfaces, etc.)
- Clothing, shoes, or other items you had on when you fell (especially if damaged)
- Witness contact information
- Documentation of medical treatment (doctor’s notes, test results, imaging, prescriptions, therapy records, etc.)
- Any reports at the location (incident reports from the store, property manager, or supervisor)
- Receipts for expenses related to the fall
-