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Who Is Liable If a Truck Tire Blowout Caused My Accident?

Published on Nov 10, 2017 at 5:28 pm in Truck Accidents.

Commercial trucks can weigh up to 80,000 pounds when fully loaded. Thus, if they cause an accident, serious injuries or death could result. Trucking companies and truckers are responsible to inspect the truck before departure to ensure all necessary components are safe and functional. If a tire blows out, and you are injured as a result, you may pursue compensation against a variety of parties.

You may file a claim against:

  • The truck driver
  • The trucking company
  • The truck maintenance provider
  • The tire manufacturer

If the truck driver or trucking company failed to perform adequate inspection of the truck before the journey, they may be held liable in court. Some trucking companies use outside maintenance companies to service their trucks. If the maintenance crew failed to inspect the truck tires, or they performed improper maintenance and caused the blowout, they may be held liable for your injuries.

State Suspends License of Arden Courts of Old Orchard

Published on Nov 2, 2017 at 5:29 pm in Nursing Home Abuse.

State officials have revoked the licenses of two personal care homes in Lehigh and Northampton County over the past few days, both of which have been linked to resident deaths.

Back in April, 84-year old veteran Daniel Scanlan died as a result of “complications of blunt force trauma” after being pushed by another person living at Arden Courts of Old Orchard. Although a staff member witnessed the incident and reported it to the executive director, the director failed to mention the push in a report to the state. After the coroner’s office released the certificate of death, Mr. Scanlan’s death was ruled a homicide. As a result, the state revoked the facilities license for failure to comply with the department’s regulations, gross incompetence, negligence, misconduct in operating the facility, and fraud and deceit in attempting to obtain a license.

Robert Sachs, Esq. of Shrager & Sachs is representing the family of Mr. Scanlan to investigate and pursue a claim against Arden Courts of Old Orchard. The company operates over 50 facilities across the country for people diagnosed with Alzheimer’s disease or related dementia, according to their website.

What You Need to Know About Surgical Never Events in Medical Malpractice Cases

Published on Oct 30, 2017 at 5:36 pm in Medical Malpractice.

When it comes to medical malpractice cases, injured patients have the burden of proving how a medical professional’s negligence more likely than not led to their preventable injuries. While medical negligence can take numerous forms, it is generally defined by law as a health care provider’s failure to administer treatment in accordance to accepted medical standards – which means that any reasonable and skillful medical professional under the same or similar circumstances would have acted differently to avoid harm.

As this legal definition makes clear, what constitutes medical negligence can sometimes be a matter open to argument. Were there medically acceptable reasons why a doctor failed to make a diagnosis of a patient’s condition? Could a doctor reasonably have foreseen complications experienced by a specific patient? The answers to these questions can vary from case to case, which is why it is often difficult for injured patients to understand when their medical professional’s care amounted to negligence, and whether they have a viable medical malpractice claim. However, there are some types of medical errors that always constitute malpractice. These are known as “never events.”

The 5 Most Common Causes of Preventable Motorcycle Accidents

Published on Oct 12, 2017 at 5:41 pm in Auto Accidents.

Motorcycles are considered motor vehicles by law, and riders have the same rights and responsibilities as any driver. However, due to their smaller size and the lack of protection they provide riders, motorcyclists are among the most vulnerable motorists on our roads. As such, riders have greater needs to remain vigilant and defensive when sharing public roads and highways with other vehicles.

Unfortunately, as we have seen throughout the years representing victims of auto accidents across Philadelphia and the state on Pennsylvania, even the most vigilant riders can suffer harm when others around them are negligent – often with devastating consequences. When preventable injuries occur, including catastrophic injuries, riders have every right to pursue legal action against the at-fault party, hold them accountable for their failures, and recover financial compensation for their damages.

Death of Daniel Scanlan Ruled Homicide

Published on Oct 2, 2017 at 5:38 pm in Nursing Home Abuse.

Northampton County Coroner, Zachary Lysek, has ruled that Daniel Scanlan, an 84-year-old veteran and long-time resident of the Lehigh Valley in Pennsylvania, died on April 4, 2017 as a result of “complications of blunt force head trauma” which occurred at Arden Courts of Old Orchard in Bethlehem Township, Pennsylvania. The certificate of death from the coroner’s office states that Mr. Scanlan was “pushed by another resident causing him to fall and strike his head.” As a result, the coroner marked “homicide” as the “manner of death” on the certificate of death issued on September 14, 2017.

The children of Mr. Scanlan have retained Robert Sachs, Esquire, of Shrager & Sachs, a nationally-recognized nursing home and assisted living negligence lawyer from Philadelphia, PA, to investigate and pursue a claim against Arden Courts of Old Orchard. Arden Courts is owned by HCR Manor Care, Inc., which is owned by the Carlyle Group, one of the nation’s largest private equity groups.

When Should I Talk to an Attorney About My Injury?

Published on Sep 12, 2017 at 5:52 pm in Personal Injury.

Attorneys can help with a wide variety of injury cases. A personal injury attorney may be able to help if you have been injured at work, by a doctor, by an ill-meaning assailant, because of the negligence of another person, or for any other reason. Serious injuries typically result in large medical costs, significant time out of work, long-term physical damage, and other lasting negative effects for the injured party. If you have suffered a serious injury that was not your fault, you may be able to file a personal injury suit in order to hold the responsible parties accountable and receive the compensation you need to cover your costs and get back to your life.

Workers Injured on the Job

If you have been injured on the job, it is especially important that you speak to a personal injury lawyer before accepting workers’ compensation benefits. In many cases, employers can provide workers with some financial help to cover immediate injury-related costs, but workers’ comp is typically not substantial enough to cover the cost of a serious injury. Be advised that once you access workers’ comp benefits and payments, you are no longer legally permitted to file a personal injury lawsuit, even if the amount of workers’ comp you receive ultimately falls short of what you require. If you have been injured on the job, get in touch with an experienced Philadelphia personal injury attorney immediately.

Damage Caps on Medical Malpractice: Why It’s Dangerous

Published on Sep 1, 2017 at 5:53 pm in Medical Malpractice.

In a continuing trend of naming bills misleadingly, the Protecting Access to Care Act (HR 1215) was passed in the Republican-majority Congress on June 28, 2017. This bill places a cap on the maximum amount a patient can sue for damages in a medical malpractice suit. HR 1215 is currently being considered by the Senate, so it has not yet gone into effect.

However, this is a bill Republicans favor. If the Senate goes the same way as Congress, those who are victims of severe negligence will only be able to sue for up to $250,000 in noneconomic damages, despite any additional care needed to deal with the repercussions.

Proponents of the bill argue it will save the health care industry thousands of dollars, making health care affordable for more people, but this assertion is dubious. Even if medical insurers do save millions of dollars, this is no guarantee they will lower their premiums to allow better health care for low-income individuals who can’t afford it. Likewise, this bill targets the victims of malpractice who have suffered the most. Those who require extensive amounts of health care, rehabilitation, and who can no longer work after their injuries will need much more than $250,000 to survive.

In one example, written about by F. Paul Bland Jr. in on The Hill website, Kathleen Astleford is one such victim. In 2018, she was diagnosed with cancer in the right tonsil. She was referred to a Dr. Turrisi, who incorrectly noted she had been diagnosed with cancer on the left side of her tonsil, rather than the right. He then recommended she undergo 35 radiation therapy treatments, after which she would be cancer free.

What If My Injuries Don’t Appear Until Long After an Accident?

Published on Aug 29, 2017 at 6:02 pm in Auto Accidents.

If you are involved in a car accident, you may think you are unharmed just because you don’t feel any pain. However, sometimes your injuries may not present themselves until days after the crash. Such injuries include soft tissue damage to muscles, ligaments, and tendons, as well as concussions and whiplash. If you wait to see a doctor, insurance companies will try to prove that the injuries did not result from the crash. With this in mind, you can still pursue compensation for injuries that are not immediately apparent.

Can a Traumatic Brain Injury Cause PTSD?

Published on Aug 11, 2017 at 6:05 pm in Personal Injury.

Suffering a serious blow to the head from a car accident, blast, fall, or some other incident can result in a traumatic brain injury (TBI). For some, the memories from sustaining that injury can be extremely jarring, and may also trigger posttraumatic stress disorder (PTSD). A traumatic brain injury is typically very traumatic, and the symptoms may sometimes overlap with those of PTSD, making it difficult to determine whether you are suffering from a TBI, or both a TBI and PTSD.

A traumatic brain injury may be caused by any type of injury to the head, whether direct or indirect and may vary in degrees of severity. For example, someone may suffer a slight TBI after experiencing whiplash in a minor car accident, while someone else who hits their head after a nearby explosion may suffer a much more serious TBI.

Someone with a TBI may experience symptoms of physical discomfort, mental problems, as well as emotional difficulties.

Republicans Oppose Rule That Would Allow Class Action Lawsuits Against Banks

Published on Aug 11, 2017 at 6:03 pm in In The News.

“There is no moral or economic reason to deny people who have been harmed the right to sue in court. But Republicans keep trying to do so.” This quote by our managing partner, Attorney Robert Sachs, Jr., shows our passion for protecting citizens’ rights to sue financial institutions. However, not everyone shares our convictions. The Trump administration is trying to shut down a rule that would allow people to join together to file class action lawsuits against banks and other financial institutions. If the Republicans succeed in blocking this rule, thousands of victims of fraud and financial abuse would have to settle in arbitration, which almost always benefits the banks.

Here’s What You Need to Know

The Consumer Financial Protection Bureau is trying to pass a rule that will allow citizens to file class action lawsuits against financial institutions. Without this rule, banks can force citizens to settle complaints in arbitration, which often works in the interests of the banks. Bringing individual lawsuits against financial corporations is often too costly, so the best way to hold banks responsible is through class action lawsuits.

Keith Noreika, a bank lawyer appointed by Trump, tried to stall the rule by saying more time was needed to determine if the rule threatened the stability of the nation’s banking system. The Consumer Financial Bureau refused. The facts showed that the rule would cost around $1 billion a year for the banking system, which makes more than $171 billion per year. Thus, the rule would not destabilize the nation’s financial institutions. It would only keep them more accountable.

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