Preventing and Preparing For a Fire

It happens everyday and it happens very easily: fire accidents. Fires claim the lives of hundreds of people in the United States alone each year. People who are the victims of fires that erupt in high-rise or tall buildings are less likely to survive and are more likely to receive severe burns and injuries. However, everyone should know what to do to prevent a fire and what to prepare for in the event a fire occurs.

The victim of fire-related accident may be able to seek the legal attention of a lawyer if he or she became involved in the accident due to the negligence of another person or establishment. A lawyer may be able to help victims for damages regarding personal property, physical damages, and other types of damages that have affected the victim and the victim's family.

Fires can become exponentially worse due to the combustible properties of most materials that makeup houses and other buildings. A fire needs only oxygen to sustain itself and with many products containing high levels of oxygen, a fire can become uncontrollable and can pread very quickly.

Here are a few things you can do to prevent a fire from happening:

- Clean stove tops, ventilation hoods, and cooking surfaces
- Unplug appliances after use
- Use as few extensions cords as possible
- Keep appliances away from wet areas
- Dispose of faulty appliances
- Keep wiring out from under carpets, rugs, and areas where people walk
- Keep smoking outdoors
- Report or fix any exposed wiring
- Keep space heaters away from other objects
- Keep highly oxygenated chemicals away from heat and sources of heat.

Of course, sometimes you cannot prevent a fire accident from occurring. This is especially true when you are on another person's property. Here are a few items you can make sure to prepare for in the event a fire does occur:

- Figure out a fire escape plan for each room of the house or building
- Post emergency numbers people may need to be aware of
- Test and maintain smoke alarms on each area of the house or building
- Purchase and maintain a fire extinguisher
- Keep emergency exits clear of obstructions
- Have a meeting to discuss the fire escape route
- Make sure a door is always between you and any smoke
- Stay low since smoke rises to the ceiling

For more information regarding fire prevention and legal assistance for victims of fires, contact the Philadelphia personal injury lawyers of Lowenthal & Abrams, P.C.

Joseph Devine

Detroit Personal injury Attorney

A Philadelphia Lawyer Referral Service Attorney Talks About PA Personal Injury Dead Man's Act

The Dead Man's Act is asserted by the estate of a deceased individual to prevent another from testifying against the interest of the estate. The explanatory notes to Pa. R. Civ. P. 1035.2 state, "[p]artial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages."

The "Dead Man's Act", Title 42 Pa.C.S. § 5930, states:
Except as otherwise provided in this subchapter, in any civil action or proceeding, where any party to a thing or contract in action is dead, or has been adjudged a lunatic and his right thereto or therein has passed, either by his own act or by the act of the law, to a party on the record who represents his interest in the subject in controversy, neither any surviving or remaining party to such thing or contract, nor any other person whose interest shall be adverse to the said right of such deceased or lunatic party, shall be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the action or proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such surviving or remaining partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adverse to them, in which case any person may testify to such matters; or, unless the action is a possessory action against several defendants, and one or more of said defendants disclaims of record any title to the premises in controversy at the time the suit was brought and also pays into court the costs accrued at the time of his disclaimer, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witness; or, unless the issue or inquiry be devisavit vel non, or be any other issue or inquiry respecting the property of a deceased owner, and the controversy is between parties respectively claiming such property by devolution on the death of such owner, in which case all persons shall be fully competent witnesses.

"Three conditions must exist before the surviving party or witness is disqualified: (1) the deceased must have had an actual right or interest in the matter at issue, i.e. an interest in the immediate result of the suit; (2) the interest of the witness -- not simply the testimony -- must be adverse; (3) a right of the deceased must have passed to a party of record who represents the deceased's interest." Id.

For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Pennsylvania Personal Injury Lawyer Referral Service Attorneys

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Mold in the Workplace

Employees usually try to stay on the lookout for dangerous hazards in their workplace. The risks posed by improperly marked chemicals or poorly maintained equipment are fairly obvious, but what about problems that may be difficult or impossible to spot under normal circumstances? Mold can grow in the ceiling or inside walls, causing health problems for workers but remaining completely unseen.

Mold spores are constantly present in the environment - there are over 1,000 species in the U.S. alone. When mold spores take hold and start to grow indoors, though, some problems can develop. The mold consumes organic materials and may create unpleasant odors, colors, and in wood-framed buildings, possible cause structural integrity issues. Mold does not need sunlight to grow. All it requires is moisture and a source of material to feed on, meaning colonies can easily take hold in dark, difficult to find areas of buildings.

Most of the health effects of mold exposure are fairly typical of allergic reactions. Persistent runny nose, red eyes, scratchy throat and other hay fever-like symptoms may indicate that a person has been working around toxic molds. Mold can also cause skin or mucosal infections. Systemic infections may be a risk for individuals with existing immunity problems. People who are seriously allergic to mold may suffer from respiratory issues, including asthma attacks.

Though public awareness of the potential for mold to cause health problems has greatly increased, there are no federal regulations regarding airborne mold concentrations in the workplace. That does not mean that mold cannot make you sick. Your employer should keep the workplace free of leaks, pooled water, areas of high condensation or humidity, and dirty HVAC systems in order to prevent mold growth. If you notice water damage, musty or moldy odors, or leaks, or if your co-workers have been complaining of the symptoms discussed above, you should inform your employer that you are concerned there may be a mold problem.

Remedying a serious mold infestation is not a small task. Due to the costs of locating and fully cleaning up mold, your employer may be reluctant to investigate the situation. If they refuse, you may need to consider pursuing legal action to ensure that your workplace is safe and that you receive any compensation you may deserve.

For more information about lawsuits involving mold in the workplace, visit the website of Philadelphia workers' compensation attorneys Lowenthal & Abrams, P.C.

Joseph Devine

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A Philadelphia Personal Injury Lawyer Talks About Eye Injury Claims and Traumatic Brain Injury

In 2005 Kelly was partially blinded in one eye when she was hit by a car. Her body was slammed to the street face first. Sonia was trying to cross a busy urban street while her light was red. Nevertheless, Kelly obtained a settlement in excess of $300,000.00. With the settlement, Kelly was able to pay her medical bills, get expert assistance with her activities of daily living and put money in the bank.

CAN YOU HANDLE YOUR CASE WITHOUT A LAWYER?

I was recently contacted by Betty, an insurance claims adjuster, about a car crash she was involved in. She decided to try to represent herself. Her familiarity with insurance claims made this appealing. I told her that I would be happy to answer her questions, but that I preferred that she actually retain my services. Betty was reluctant since she was worried that my percentage of the settlement would leave her with less money than if she handled the case herself.

About two months later Betty contacted me again crying and frantic. The combined stress of her injury and dealing one on one with the insurance company left her psychologically scarred and physically drained. She began to relax and heal immediately upon retaining my services. By letting go of the control of her case she was also able to let go of pressures that were blocking her healing process. Betty was content during the entire course of her case about her decision to retain my services. Even when I deducted my share from the settlement money, she expressed only thanks.

YOU NEED A LAWYER YOU CAN TRUST.

What Betty and many others have a hard time appreciating is that even the attorney takes her fee, your share of the settlement generally is much higher than if you represented yourself. If your lawyer settles your case for $250,000 and takes a third, you'll still be much better off than if you settled your own case for $100,000. Relieved of the stress of representing yourself, you will be able to relax and focus on healing your body and your mind from your traumatic injuries.

Frank e-mailed me a while back and asked me to take his eye injury case. Frank was new to the Philadelphia area and didn't know where to find the right lawyer. He was confused and frightened. He considered ads in the Yellow Pages, but this just left him more troubled. Finally, he found the Eye and Brain Injury Legal Information Center. He e-mailed some questions about his case. He also expressed his concern that he didn't any lawyers and asked why he should trust any particular with his important legal rights.

For more information about Evan Aidman, a Philadelphia, PA Traumatic Brain Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Eye Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Philadelphia Personal Injury Lawyers

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A Brain Injury Lawyer Talks About E-Filing

In every litigation matter, the courts require that certain documents be filed with the court. This includes the document you file to initiate the lawsuit, all motions, petitions, pleadings and stipulations. Until recently, filing was done in person, by mail or through filing services.

It is becoming more common for the courts to require electronic filing of documents. In federal court this is already mandatory for attorneys. If the court in which your litigation is pending requires e-filing, you must learn the procedure. You may have to purchase a program like Acrobat Writer to create documents in PDF format.

It took me about two hours to figure out how to e-file in federal court. The Court of Common Pleas of Philadelphia is rapidly moving toward e-filing. It will be interesting to see how efficiently the new system is put into place. Once you clear the hurdle of learning the system, e-filing is a real time and money saver.

Another big advantage of e-filing is that you can file at the very last moment. If a certain document must be filed by no later than July 30, you don't have to worry about overnighting the document on July 29. You can e-file up until 11:59 p.m. on the 30th. Check your court's website for details about e-filing.

In Federal Court, e-filing is already mandatory for lawyers. If you don't have a lawyer, there may be more leniency. You can expect the same from the state courts, although each one has it's own policy.

For more information about Evan Aidman, a Philadelphia, PA Brain Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Philadelphia Brain Injury Lawyers

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A Philadelphia Personal Injury Lawyer Talks About Being Your Own Philadelphia Personal Injury Lawyer

Can you represent yourself in personal injury litigation? Armed with a good self-help law book, you have a fighting chance.

For almost any lawsuit involving serious injuries, you simply must hire the best personal injury lawyer you can find. An experienced attorney knows how to force the insurance company to pay a maximum financial settlement. An attorney who has handled hundreds of injury cases over many years knows how much these claims should settle for. There is no way you can know this. These values are based upon years of jury verdicts and insurance settlements. Although the Internet has leveled the playing field to a great extent, (and my book will help a lot too), there is no substitute for a top notch, trustworthy PI lawyer. There is an exception to this rule. If the insurance policy limits are minimal, you may be able to use my book and the Internet to settle a serious injury claim for policy limits. This will save you from paying an attorney's fee.

Simple cases, where the injury is minor and the fault clear (like a minor rear end car collision), can often be settled without hiring an attorney. The book will guide you through this process. Cases involving property damage alone can be settled fairly without the assistance of an attorney. There are guidelines that the insurance companies follow to establish the amount that should be paid. There are no such clear cut guidelines concerning the "value" of pain and suffering in a serious injury case. That's why you need a lawyer, and the book, Winning Your Personal Injury Claim.

For more information about Evan Aidman, a Philadelphia, PA Injury Attorney and his work with clients with serious injuries click here: Philadelphia, PA Injury Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Philadelphia Personal Injury Attorneys

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Tips For Avoiding Workplace Injury

People generally go to work assuming that their employer is doing everything they can to provide the safest possible workplace. Unfortunately, due to employer negligence, this is not always the case. Legally, there are certain guidelines and procedures that employers must follow to ensure worker safety. Even so, employees must take their wellbeing in their own hands and make sure that they understand the protections that their employers should be providing.

One extremely valuable resource for workers to learn about workplace safety requirements is the website of the Occupational Safety & Health Administration (OSHA.gov). OSHA is an office of the United States Department of Labor and is responsible for creating the regulations and standards that employers must meet in regards to the safety of their employees. The OSHA website gives information about regulations for particular occupations as well as forms for filing complaints, general safety and health topic information, and many pages of free and useful information.

In construction and other industrial fields, it is extremely important for workers to know what safety equipment their employers should provide and how that gear should be properly utilized. Work gloves, goggles, jumpsuits, and respirators are very important in many tasks that involve handling hazardous materials, and if they are not provided, it puts people in harm's way unnecessarily. If an employer is not providing proper safety equipment and the training necessary to use and maintain it in the correct way, the problem should be reported.

Another important step that workers can take to minimize the possibility of being hurt on the job is to directly ask their employer what hazards they will encounter in their everyday tasks. Proper hazard communication is a legal requirement of employers, and employees should be educated about the risks performing their job will entail. Any hazardous materials should be properly labeled, and the company's health and workplace injury records should be made available to all workers.

If a worker has been injured on the job due to their employer's negligence, they deserve to receive compensation for the damages and their missed work time. They should not hesitate to seek legal counseling and report the issue to the proper authorities. While the employer may be at fault for the injury, it is the worker's responsibility to help create a safer environment for their coworkers by assuring the problem is corrected.

For more information about avoiding workplace injuries, visit the website of Philadelphia workers' compensation attorneys Lowenthal & Abrams, P.C.

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A Philadelphia Personal Injury Lawyer Talks About Settlement Demand Letters For Philadelphia Injury

In every insurance claim, you need to set forth your claim in the strongest and clearest possible language. Here is a sample settlement demand letter.

Dear Ms. Insurance Adjuster:

Elizabeth Hoffman, age 39, was severely injured on the above date when she slipped on ice that your insured failed to clear from its parking lot. I enclose a receipt showing a transaction at your insured's business that morning shortly after the fall. Ms. Hoffman was a business invitee at the time, and thus entitled to the highest protections under the law. Your insured was under an affirmative duty to protect my client not only against dangers which its employees knew about, but also against those which with reasonable care one or more of its employees might have discovered. Ms. Hoffman slipped on an unsalted patch of ice as she exited her car. You are already in possession of a weather report showing that the last snow was two days earlier.

Ms. Hoffman broke her fall with her hands. She immediately felt a strong pull on the left side of her lower back and upper left leg along with pain on the right side of her neck and right arm. She got up slowly and went into the store , informing a female employee that she had fallen outside.

After my client went home, she applied ice, took Ibuprofen and rested. She began to feel pain in the arch of her left foot at that time. When she awoke the next morning, her entire lower back was hurting. As the day went on, her neck and right arm pain increased. On the morning of the 19th, the pain in her neck and arm had worsened. As the day continued, she remained in bed and found that her whole lower back was throbbing. She went to see her primary doctor, Dr. Wood, complaining at that time of pain in the left buttocks, left arch, right arm and right side of the neck. She had lower back pain and spasm with forward flexion. Dr. Wood prescribed physical therapy.

During the following week, Ms. Hoffman took medication but suffered from bouts of pain in her right arm and hand, right and left arches, and lower back. She began physical therapy on January 25, 2005 and was given home exercises. The most significant problems for the remainder of the month were her arches, right hip/pelvis, right arm and lower back. Through February, March and April, my client suffered pain and/or sensitivity in the lower back, right arm/shoulder, neck, left and right arches and right hip/leg. She experienced numbness and tingling in the right foot and leg. She also experienced great discomfort with sitting and lying down. Standing brought some relief. Ms. Hoffman received physical therapy from January 25 to March 21, 2005.

I will contact you shortly to discuss settlement.

For more information about Evan Aidman, a Philadelphia, PA Injury Attorney and his work with clients with serious injuries click here: Philadelphia, PA Injury Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Philadelphia Personal Injury Attorneys

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Workplace Fire Hazards

While workplaces dealing with construction and manufacturing may seem the most likely to be plagued by risks to employee well being, any sort of work environment can contain serious hazards. One hazard that does not discriminate based on the nature of the workplace is the possibility of fire. Fires can be caused by anything from oil leaking from a machine on an assembly line to a short circuited wire in a fax machine. Employers are responsible for making sure that the places in which their employees work are free from serious fire hazards.

To help protect workers, all workplaces should have set regulations for limiting fire hazards, as well as set plans for the event that a fire does start. The OSHA small business handbook provides some important advice for avoiding a devastating fire in workplace environments. The tips are presented as a list of questions for business owners to ask themselves. Examples include, "If you have a fire alarm system, is it certified as required and tested annually?" and "Are automatic sprinkler system water control valves, air and water pressure checked periodically as required?" Evacuation maps and procedures should also be clearly posted near all entrances and exits.

Employees should help take fire safety into their own hands. Even between safety training sessions, they should take the time to go over evacuation routes, fire extinguisher use, and ways to keep the workplace safe for their coworkers. In workplaces where fire is a necessary factor, such as metal manufacturing plants or areas with exposed flame cooking surfaces, workers must be particularly careful and correctly utilize all required protective gear.

The consequences of a serious fire can truly be catastrophic. Just like a house fire, a fire in the work place creates risk for smoke inhalation, severe burns, roof collapses, and even death. A serious burn can land an individual in the hospital for days or weeks, and leave them unable to work while the recover. This can put extreme financial strain on a family, particularly if they were struggling to get by before the accident. The combination of missing work and steep medical bills can be crippling in many circumstances. If you have been injured in a workplace fire and feel that your employer's negligence is to blame, you may want to consider filing for workers' compensation.

For more information about workplace hazard and workers' compensation, visit the website of Philadelphia workers' compensation attorneys Lowenthal & Abrams, P.C.

Joseph Devine

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Office Injuries

Yes, it happens. Many people believe that since offices lack many of the physically stressing tasks of most places, it is a place of comfort and little stress. Those who have worked in an office, however, know about the stresses involved and know that working under stressful conditions alongside unsafe conditions at work can spell disaster, even in a corporate environment.

Those who have experienced a traumatic accident at work may be eligible for compensation by their employer. Employers must be held liable in cases where employees have been injured due to poor workplace management. Employees may find it difficult to approach their employers about liability claims and working conditions. These people should seek legal attention immediately.

Attorneys are able to help individuals who are not fully aware of the rights available to them. An experienced lawyer should be able to compensate a victim of an office injury accident for any and all damages that resulted at work.

Some of the most common types of accidents of an office are:

-Sprains due to heavy lifting: Employees must be trained in the procedures involved in lifting and should not be expected to lift more than they are physically capable of.

-Soreness and sprains due to excessive sitting: Employees must be allowed to stretch and walk during any prolonged sitting. Injuries may increase without proper back support.

-Slips or falls: If a surface area is wet or cluttered, a person may trip and fracture a bone or worse. Any ill-fitted carpets or poorly placed furniture may also cause a trip or fall. When an area is poorly lit an employee may also be unable to know the path he or she is taking.

-Burns: Employees who encounter exposed wiring may become burned by electrical arcs. Employees who also are not informed of safety routes and procedures during a fire may also face burns or worse.

-Strains due to equipment use: If the chairs, tables, and equipment of an office are not ergonomically sound, a person may strain himself or herself while performing his or her office duties.

-Injuries due to lack of signage: You cannot avoid an accident that you have little or no information about. Signs help warn individuals about troubles ahead, what to do, and what not to do in order to avoid an accident.

For additional resources on office injuries and compensation available to victims of office injuries, contact the Philadelphia workers' compensation attorneys of Lowenthal & Abrams, P.C.

Joseph Devine

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Philadelphia Child Injury Lawyer Talks about Child Injuries

The Internet is a powerful tool to help in the
representation of children who have suffered injuries
caused by the negligence of another. Let's review a
piece of litigation involving a child who was killed

tragically when he was run over by an
18-wheeler. I was able, via the Internet, to
find out an amazing amount of information
about the truck driver and his company. You
can do this too. And the estate of the child
was the beneficiary.

In many states, you can gain access to driving
records. I decided to invest a few dollars on a
driving record search and may just have struck
gold. I learned that the driver of this tractor-
trailer has four speeding violations and two
separate careless driving violations, all in the
last six years! This doesn't even count the
accident involving my client.

Notwithstanding this disgraceful record, his
employer permitted him to drive the streets
with a loaded weapon. We are pursuing
punitive damages against this employer for
negligent hiring, negligent retention
and negligent entrustment of the truck.

The employer's representative informed me that
they were not aware of his driving record.
Unfortunately for them, federal regulations
require that the employer keep a copy of each
driver's driving record in the employee's file.
Ignorance of the law is no excuse.

The Internet is a powerful force in leveling
the litigation playing field. A knowledgeable
layperson can access information that once
was the sole domain of large law firms and
corporations. It is an amazing boon to the
small law firm and solo attorney as well.

For more information about Evan Aidman's work with clients with child's injuries click here: Child Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Child Injury Attorneys

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Scaffolding Safety Tips

Many people who work in construction are aware of the dangers posed by scaffolds and their parts. Since about 20% of fatal falls involve scaffolds, it helps for workers to know about the safety procedures that revolve around these construction cornerstones. If an employer does not give proper procedure or training an accident may occur and injure or kill an employee or more employees.

Just as instruction is key to preventing falls and other related accidents so is the construction of the mechanism itself. If a scaffolding is not properly constructed during manufacturing or during assembly, a manufacturer or employer may be liable for any accidents that occur as a result.

No employee deserves to live with the hardship of an injury, and no employee's family deserves to live with the hardship of an injury or loss of a loved one due to an accident. Employees or families of employees should seek legal assistance in the event someone becomes injured or dies during an accident at work when the worker was not at fault. An experienced lawyer should be able to help a family receive compensation for resulted damages.

Construction accidents are the most dangerous accidents that a worker can face. If an employee or employer would like to reduce the chances of being involved in a scaffolding-related accident, he or she should follow certain safety procedures before and during the use of a scaffold. Here are a few things that can keep you and other workers safe when working with a scaffold:

-Make sure it was constructed by a qualified individual

-Make sure it can withstand a great amount of weight

-Make sure it is properly inspected before each use

-Make sure to stay clear from power lines and other electrical sources

-Make sure not to perform any job duties under severe temperatures or weather

-Make sure an alternative exit route exists once on a scaffold such as a ladder or hoist

-Make sure the scaffold is level at all times

-Make sure to stay hydrated and well-rested

-Make sure to use only a scaffold with guardrails

-Make sure to use counterweights in order to minimize movement

-Make sure you are properly trained to operate and work with a scaffold

For more information regarding scaffolding safety and rights for employees who have been the victim of accidents involving scaffolding, contact the Philadelphia personal injury attorneys of Lowenthal & Abrams, P.C.

Joseph Devine

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A Philadelphia Lawyer Referral Service Lawyer Talks About Changing Phila Personal Injury Lawyers

Frank called a while back and asked about firing his lawyer. He complained that his lawyer "wasn't doing anything". I frequently receive this kind of call, but rarely do I take the case. It is no pleasure generally to be the second lawyer in on a personal injury case. You must get it right the first time. Here's why I usually turn these cases down.

The most frequent reason is that the case isn't very strong, either in terms of liability, damages or both. In other words, it's a bad case. Lawyers, especially overworked lawyers, tend to neglect bad cases. So the first thing that pops into my head when I get a phone call complaining that a lawyer is neglecting a client is that there are major problems with the case.

The next most frequent problem is the client. Most clients are wonderful to work with. But some are unreasonable in their expectations, discourteous, overly demanding, etc. Lawyers tend to react badly to such clients. The lawyer may neglect the file simply because he dislikes the client. If I sense that the client is going to be impossible to satisfy, I am not going to take the case. Whenever I am approached by a client who wants me to take a case over, I consider this possibility.

Another issue is that I will have to pay the first lawyer out of my fee for the time he spent on the case. The case therefore needs to be quite strong on both liability and damages. If there's "not enough to go around", I may make a business judgment not to take the case. That leaves the client with an upset first lawyer and a case in legal limbo. And the client is left with little choice but to continue lawyer shopping. That's the risk you run when you pick the wrong lawyer.

Finally, especially if the first lawyer is not a PI specialist, the file may not have been well handled. Picking up the pieces is not always so easy. Some mistakes are irreparable.

Treat your selection of a personal injury lawyer the way you would any matter of importance in your life. It is crucial to make the right choice in selecting an attorney, the first time.

Insurance companies react to a change in lawyers in various ways. They may view the switch as a sign that the case and/or the client is in trouble. This can result in increased reluctance to settle and a stepped up investigation into the merits of the case. On the other hand, the new lawyer may breathe needed energy into the case, causing the insurance company to seriously consider settlement.

The reputation of the new lawyer for ethics, credibility and dependability are key to the insurance company's reaction to a switch in lawyers. Whether you are choosing your first lawyer or pondering a switch, you must pick a lawyer you can trust. You have the right to competent, reliable representation and courteous treatment by a lawyer in whom you have confidence.

For more information about Evan Aidman, a Philadelphia, PA Lawyer Referral Service Injury Attorney and his work with clients with serious injuries click here: Philadelphia, PA Injury Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Philadelphia Personal Injury Attorneys

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Manhattan and Philadelphia Asbestos Attorneys Your Rights

www.lockslaw.com - It takes a skilled team of asbestos attorneys in Manhattan, Philadelphia, and New Jersey to litigate asbestos cases. Because these cases are complicated and the statute of limitations is different from other personal injury cases, it is important to contact our asbestos attorneys soon after you learn you have had prolonged exposure to asbestos or after you are diagnosed with mesothelioma or another type of cancer caused by asbestos. Visit http for more information.You may contact our attorneys at: The Locks Law Firm Philadelphia The Curtis Center 601 Walnut Street, Suite 720 East Philadelphia, PA 19106 Toll-free: 1.866.298.9934 New Jersey 457 Haddonfield Road, Suite 500 Cherry Hill, NJ 08002 Toll-free: 1.866.298.9934 New York 110 E 55th Street New York, NY 10022 Toll-free: 1.866.298.9934 Website: www.lockslaw.com



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Premises Liability Attorney - Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, PC

Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, PC was founded to provide aggressive legal representation to those who have suffered serious injury or death as the result of another partys negligence or wrongdoing. With 200 years combined experience, our highly qualified trial attorneys represent clients vigorously against the largest corporations in the world in complex catastrophic injury cases. Our legal expertise and skill in the courtroom has earned us a reputation among the foremost personal injury attorneys in Pennsylvania and New Jersey and as one of the most successful and talented plaintiffs firm in the nation. The qualified attorneys at our firm go to trial for our clients and never settle for anything less than one hundred percent justice. Our renowned reputation as aggressive legal advocates has earned us the respect of referral lawyers throughout the country and they have full faith and trust for us to handle their clients cases. Our distinguished attorneys have successfully resolved hundreds of cases with record breaking multi-million dollar verdicts. Some of our verdicts include a $101 million recovery for injured construction workers, $15 million for a child with kidney disease, $11.2 million for a severely brain damaged woman, $8 million for a family who lost a child in a minivan accident, $6.5 million for a child with spinal cord injuries, $6 million for a woman injured in an SUV rollover accident, $5 million for a child with developmental delays and ...



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Philadelphia Personal Injury Lawyer Talks About Handling Philadelphia Personal Injury Cases Yourself

Can You Handle Your Case Without a Lawyer?

There are certain types of cases which should not be settled without using the services of an attorney, and others which you may be able to handle yourself. The advantage of using an attorney is that he or she is experienced at obtaining a full settlement from an insurance company or defendant, and should know how much your claim is worth. The disadvantage is that the attorney's fee can be as much as half of your award after costs and other fees are added.

Simple cases, where the injury is minor and the fault clear, can often be settled quickly with the insurance company without hiring an attorney. Even if the company balks at paying, you can often get a good settlement by filing a small claims case, since the insurance company's expense of going to court is often higher than the cost of settling. Complicated cases, such as with serious medical malpractice or an accident causing death, should be handled by an attorney who can analyze the value of the case and let the other side know that you are serious about your claim.

As a personal injury attorney I have seen people who have made the mistake of settling their case without adequate legal advice. It is my firm belief that almost all personal injury litigants should seek counsel. But the purpose of this and my other articles is to give you the information you need to handle your case with or without a lawyer.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

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Montgomery County - Pennsylvania Personal Injury Attorney On Montgomery County - PA Personal Injury

Injuries suffered on leased premises present certain difficulties for plaintiffs. "The law is clear that a landlord out of possession is generally not liable for bodily harm sustained on his property by his tenant and those on the premises under his tenant's right when he is entirely out of possession and control. Craig v. Ryan, 191 A.2d 711, 713 (Pa. Super. 1963)(emphasis added).

Whether a landlord is out of possession or in possession is a fact specific issue. For example, one factor is whether the landlord makes repairs to the property. See Henze v. Texaco, Inc., 508 A.2d 1200 (Pa. Super. 1986); Pierce v. Philadelphia Housing Authority, 486 A.2d 1004, 1005, (Pa. Super. 1985). In Pierce, the fact that PHA took care of maintenance and collecting rent created an inference not only of possession and/or control by PHA, but also of responsibility to keep the stairways of the property in good repair.

In all of the cases where the court has determined that the landlord was "out of possession", there was a lease between the parties. The Superior Court likens a lease to a sale, with responsibility for defects passing to the tenant unless otherwise provided for in lease. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986).
Where a contract is silent as to the subject of maintenance of the leased premises, and where the defendant performed needed maintenance during the period of the lease, there arises a "necessary implication" that the defendant had a duty to maintain the premises in good repair and reasonably safe for use by the tenants. McDevitt v. Terminal Warehouse Company, 450 A.2d 991, 998 (Pa. Super. 1982). How much moreso is this true in the case where there is no evidence of a lease at all.

Further, even if it were determined that the landlords were "out of possession", there are several exceptions to the rule that attach liability to an out of possession landlord. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986). For example, liability will attach to an out of possession landlord where the landlord conceals or fails to disclose to the tenant a condition that involves unreasonable risk of physical harm to persons on the property. Id.

For more information about Evan Aidman, a Montgomery County Personal Injury Lawyer and his work with clients with serious injuries click here: Montgomery County Attorney, PA

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Montgomery County, PA Attorney

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Philadelphia PA Lawyer Talks About The Crime Victims Compensation Fund

A vastly underused source of funds is available for crime victims and their families, perhaps at the time when it is needed most. Many states have a Crime Victims Compensation Fund.

The Pennsylvania fund may cover medical expenses, loss of earnings, loss of support, funeral expenses, money stolen or defrauded from individuals on a fixed income, such as Social Security or pension, counseling expenses, relocation expenses, childcare/home health care expenses and crime-scene clean up. The program does not cover pain and suffering or stolen or damaged property, except replacement of stolen or damaged medical devices.

The claim must be filed within two years of the date of the crime. A longer period applies if the victim is a child. In certain circumstances, family members of the crime victim may be eligible for compensation.

The crime must be reported to the proper authorities within three days. You must cooperate with law enforcement authorities investigating the crime, the courts and the Victims Compensation Assistance Program in processing the claim.

The Crime Victims Compensation fund is regarded as a payer of last resort. Payment will be reduced by the amount of any other source, including, but not limited to: health or life insurance, awards for civil lawsuits or insurance, Medical Assistance, Medicare, disability insurance, Workers' Compensation, or Social Security.

Most claims are processed within three months, but can take longer if the claim is complex.

The Pennsylvania Crime Victims Compensation Act became law in 1976. This fund consists of fines and penalties assessed against persons convicted of crimes. No general tax revenues of the state are used.

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For more information about Evan Aidman go to http://www.legalaidman.com/aidmanbio.aspx

Click Here for Personal Injury Lawyer In Philadelphia

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Mr. Aidman began his legal career as a law clerk for the Honorable Samuel M. Lehrer of the Philadelphia Court of Common Pleas. After five years as an associate in various law firms, Mr. Aidman hung out his own shingle. He has been happily practicing as a trial lawyer ever since.

Click Here for Attorney Aidman's website: Personal Injury Lawyer In PA

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Work Site Injuries Cost Billions Each Year

Most Americans between the ages of 22 and 65 spend almost 50% of their waking hours at work, and every year millions of Americans suffer injuries and thousands die as a result of workplace injuries and accidents. The total direct and indirect costs associated with these injuries were estimated to be $155.5 billion or nearly 3% of the gross domestic product (GDP). Direct costs included medical expenses for hospitals, doctors, medications as well as health administration costs. Indirect costs include loss of wages, cost of fringe benefits and employer retraining and workplace disruption costs.

Workers' Compensation covers roughly 27% of all these costs and taxpayers paid approximately 18% of these costs through contributions to Medicare, Social Security and Medicaid.

Workplace deaths and injuries may be decreasing according to recent statistics published by the United States Department of Labor and Industries; however, when workplace accidents do occur, the injuries are usually serious and sometimes fatal. Construction workers, especially, are in a high-risk industry, and more work for construction companies means more pressure on construction workers to produce.

Injury rates are high in the building trades, in natural resource extraction and in some manufacturing industries. According to Leonard Smith, a spokesman for the Teamsters union local headquartered in Seattle, Washington, some employers are just not making safety a priority. According to the U.S. Bureau of Labor Statistics, it is estimated that 1,200 American construction workers die in falls on the job each year. While the construction industry only employs about 7 percent of the nation's workforce, construction sites accounted for 21 percent of workplace deaths.

One of the possible solutions offered to help decrease the number of construction work site injuries is to increase the inspectors-per-worker ratio in the states that do not have enough inspectors for the size of the state. For example, Idaho has just nine accident investigators covering the entire state whereas Washington just hired 11 additional inspectors for the state assigned solely to examine and certify cranes.

If other states would follow Washington's lead and hire more inspectors, the number of work site injuries and deaths may decrease in time. In the meantime, industry workers must continue to be very careful at their work sites and be aware of the hazards that surround them.

If you or a loved one has suffered or died due to a worksite accident in Philadelphia or anywhere in Pennsylvania, please contact the Work Site Accident Injury Lawyers at Pomerantz Perlberger & Lewis LLP.

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