Workplace Protective Equipment

It is clear that certain work environments pose hazards that require special protective gear to assure the well being of workers. Construction workers are one obvious example. Hard hats are needed to protect people from debris falling from above and steel toed safety boots are required so that there is less risk of foot injury resulting from dropped heavy equipment. In professions where there is regular exposure to hazardous chemicals, special gloves, goggles, and respirators may be necessary. Obviously, firefighters need suits that will protect them from extreme temperatures and air tanks that allow them to breathe in smoky environments. Regardless of the specifics, the point is that special jobs require special safety gear.

The Occupational Safety and Health Administration (OSHA) has established regulations regarding the personal protective equipment (PPE) responsibilities employers are required to meet. First of all, employers must analyze the work environment and determine if special safety equipment is necessary and, if it is, they must require workers to use it. This includes special training that teaches workers how to properly use, maintain, and adjust PPE. The must also teach employees to recognize when and what kind of equipment is necessary, and to know the limitations of safety gear. All of the protection equipment in the world will not protect workers who are not educated in the proper procedures for utilizing it.

While PPE is necessary in many workplaces, it should serve as a last line of defense. Employers should properly train their employees to act safely and avoid situations where safety gear is put to the test. Aside from training, scheduling, shift rotation, regular machinery maintenance, and a variety of other strategies can make sure that workers are not put in dangerous situations in the first place.

Even though employers have a legal responsibility to provide their employees with personal protective equipment when the workplace warrants it, workers must first and foremost watch out for their own safety. If you believe your employer may be neglecting their responsibility to protect their work force, report the issue to OSHA. If you have been injured due to this negligence, you may want to consider filing a lawsuit to attempt to receive compensation. An experienced legal professional can help you determine if this is a legitimate option to explore in your situation.

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

Joseph Devine

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Eighteen Wheeler Tire Blow Outs

If the tire blew out on an eighteen wheeler then it could be from improper maintenance of the vehicle or poor training of the driver. If you were injured because of an eighteen wheeler tire blowout then you may be able to pursue compensation from the negligent truck driving company responsible for the tire blow out.

When the wheel of an enormous truck like an eighteen wheeler blows out it causes the driver to lose control of the cargo the truck is hauling and the truck itself. But tire blow outs happen quite often to eighteen wheeler trucks. Here are some of the common causes of tire blow outs:

High mileage - can be a direct cause to tire blowouts. Truck drivers haul cargo all over the country and may often drive at least one hundred thousand miles a year or more. With all this driving, it causes enormous wear and tear on the tires, causing more and more blowouts.
Poor maintenance- Tires that have not been maintained by the company represent a liability on the road because they can either be under inflated or over inflated. Most truck drivers will perform a walk around to inspect the tire pressure but these scanty checks can often lead to irregular tire pressures that result in tire blow outs.
Tire recaps- are done when the tread on the tire has been worn down. The tires are simply recapped with used tires that the manufacturer has modified to extend the tire's life. Tire blowouts can cause eighteen wheelers to lose control or even flip over on the highway. These accidents can be devastating for the truck driver and everyone sharing the road with the truck. These negligent actions are the result of truck companies not taking responsibility and maintaining their equipment adequately. If you have been injured or suffered due to an eighteen wheeler tire blow out visit Philadelphia personal injury.

Joseph Devine

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Occupational Respiratory Diseases

When most people think of workplace injuries, they generally imagine the dangers posed by machinery, power tools, high heights, or falling objects. While these are all serious threats to worker safety, there are other dangers that are less obvious. One category of such clandestine hazards is the risk for developing occupational respiratory diseases. When a person works in an environment where the air is heavily contaminated, they can develop a number of serious, and potentially life-threatening, lung problems.

Jobs that expose workers to heavy amounts of dusts, fumes, gases, vapors, and mists without the proper protective safety gear can easily put the employees in harm's way. Harmful dusts can result from working around wood, silica, asbestos, cotton, talk, or even foodstuffs such as grains and coffee. Fumes from heated metals and other hazardous materials (common in jobs involving welding, furnace work, plastic production, and smelting) can also be dangerous. High-heat work environments can also result in dangerous gases such as ammonia, chlorine, and sulfur dioxide. Painters and pest control professionals will regularly encounter paint and pesticide mists that are harmful to breathe in. Of course, for those who work around fire, smoke inhalation is a serious health risk.

When an employer operates a workplace where they know that there will be the risk of lung-damaging substances in the air, it is their responsibility to provide their works with the appropriate protective gear and teach them how to use and maintain it. They must also assure that the environment meets ventilation and temperature standards. Harmful chemicals must be openly marked and the risks clearly communicated to employees. If an employer fails to do these things and their workers suffer as a result, the company may be held liable for the employees' injuries. Problems should be reported at http://www.OSHA.gov.

For an employee, the consequences of lung conditions caused by hazardous work environments can be devastating. Medical bills can push the person into debt, a situation worsened by the possibility of missing significant amounts of work. If the individual is their family's only source of income, the results can be truly devastating. Workers' compensation may provide relief to employees who have been hurt due to their employer's negligence. A legal professional can help hurt workers receive the compensation they need and deserve.

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

Joseph Devine

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Cerebral Palsy and Medical Negligence

Cerebral Palsy is often a term used to broadly cover a variety of neurological disorders affecting an individual's ability to control muscle function. Cerebral palsy is characterized as chronic and non-progressive, with assorted symptoms that differ from person to person. The United Cerebral Palsy Foundation estimates that as many as eight hundred thousand children and adults in the United States live with some form of the condition. It is also estimated that nearly ten thousand babies born in the United States will develop Cerebral Palsy. (Statistic courtesy of The Centers for Disease Control and Prevention) Although some people are able to lead completely normal lives without the need for any major assistance, others may never be able to care for themselves properly. For these people, the expense of managing their condition can be astronomical.

There are essentially three main causes of Cerebral Palsy. In general, the condition is due to abnormal brain development or a brain injury in the area that controls bodily movement. For years many physicians believed Cerebral Palsy was due to complications that occurred during labor and delivery. Today, however, there seem to more definitive causes.

The first reason Cerebral Palsy can occur is due to a congenital issue. This means the abnormal brain development happened early on in the pregnancy, or that damage occurred to the white matter of the brain in later stages of pregnancy. It can also be a result of bleeding in the brain from a fetal stroke, and/or loss of oxygen to the brain during labor and delivery.

A very small number of cases develop after the time of birth, but before the age of three. These cases generally come about because of a traumatic brain injury from an accident or abuse, or due to a severe illness such as meningitis.

The third, and most difficult cause of Cerebral Palsy to accept, is due to an issue that arose during the birthing process from medical negligence. This means that some action was taken by a member of the medical staff that could have or should have been avoided, resulting in an injury to the brain. These mistakes could have happened at some point during the pregnancy, during delivery, or even after delivery.

The symptoms can vary a great deal however there are some key warning signs that you should be aware of. These symptoms include: failure to reach key developmental milestones (such as walking or crawling), abnormal muscle tone (such as a floppy or stiff appearance), an early hand preference, or persistent reflexes. In order to be sure of whether or not your child has developed the condition a full medical exam needs to be carried out. This will be able to completely eliminate other movement disorders, or other types of medical conditions. It is important to note, there are several forms of Cerebral Palsy, as explained below.

Cerebral Palsy Spastic: Identifiable by awkward movements and stiff muscle tone. Other possible symptoms can include, trouble with speech, inability to eat, seizures, learning disabilities, weakness on one side of the body, and a "scissored gait". This type of Cerebral Palsy is the most common.

Cerebral Palsy Ataxic: The most recognizable symptoms of this form of the condition include poor coordination, poor balance, and an unusually wide gait. This is the least common form of Cerebral Palsy.

Cerebral Palsy Dyskinetic: Common symptoms include floppy muscle tone, difficulty walking, difficulty sitting, involuntary movements, difficulty eating, trouble with speech, and difficulty performing everyday tasks. These symptoms may worsen under stress, yet become completely unnoticeable while sleeping.

Mixed Cerebral Palsy: This form of the disorder can cause a mixture of symptoms including floppy and stiff muscle tone, and a wide range of dyskinetic movements.

Children who experience symptoms usually also have other issues with cognition, behavior, sensations, communication, and perception. Other medical issues such as recurrences of pneumonia and seizures are common as well.

Many infants and children who suffer with Cerebral Palsy may have to be cared for by a professional over the course of their entire lifetime. This may mean regular physical, speech, drug therapy, and surgical treatments to help improve or correct abnormalities. These individuals may also require orthotic devices such as braces, walkers, wheelchairs, and even specialized communication aids such as voice synthesizers.

If you believe your child's Cerebral Palsy was a result of medical negligence it is absolutely essential that you meet with an experienced attorney that can provide you with the assistance you need. These attorneys are a type of personal injury lawyer who know exactly how to go about obtaining the justice you deserve.

Compensation can be significant and can include: current and future medical expenses, pain and suffering, financial loss, and emotional distress. In many cases, you may be entitled to punitive damages as well.

Your attorney will be able to determine the validity of your claim and make sure it meets the basic principles for trial. This means you must be able to prove the medical professional did not act appropriately (within a reasonable standard of care) and that this failure resulted in the child developing Cerebral Palsy.

The process of filing this type of claim can be quite complicated. Your attorney knows exactly how to see the process through the system, obtain all necessary medical records, interview medical professionals, collect all needed evidence, and arrange for expert witnesses to testify. Since these attorneys typically work on a contingency basis, you pay nothing upfront.

If you are still unsure of whether or not you should contact an attorney, consider these facts: The cost of a lifetime of care for a child with Cerebral Palsy is over $920,000. This figure is in addition to the expenses of a person who does not have the condition and does not include costs for emergency room or hospital visits, residential care, and other miscellaneous expenses. (Statistic courtesy of The Centers for Disease Control and Prevention) The monetary reward you may receive cannot repair the damage that has occurred, but it can help to provide a positive future for you and your child.

For information on cerebral palsy lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com

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Abuse of the Elderly is a Tragic Reality

It is a rather sad time in the United States when we have a day set aside (June 15) called Elder Abuse Awareness Day, intended to raise awareness of abuse towards older adults. This day is recognized by healthcare professionals and support groups and organizations around the world, not just in our country. According to the National Center on Elder Abuse (NCEA), elder abuse is the term used to refer to any knowing, intentional or negligent act by a caregiver or any other person that causes harm to a vulnerable adult. Much of this abuse takes place in nursing facilities and hospitals across the nation.

Abuse of an elderly person's finances is the most common form of elder abuse; however, there are many other kinds including physical abuse, sexual abuse, emotional abuse, neglect and abandonment.

Physical Abuse

Physical abuse is the use of physical force resulting in bodily injury, physical pain or impairment. Acts of physical abuse may include striking with a hand or object, beating, pushing, shaking, slapping, kicking, and burning. Force-feeding an elder adult is also considered physical abuse as is the inappropriate use of physical restraints.

Signs of physical abuse:

· Bruises, abrasions, burns, or broken bones

· Open wounds or cuts

· Broken eyeglass and other signs of being subjected to punishment

· Sudden change in behavior

Sexual Abuse

Sexual abuse is non-consensual contact with an elderly person that can include unwanted touching, sexual assault or battery such as rape, sodomy and sexually explicit photographing.

Signs of sexual abuse:

· Bruises around breasts and genital area

· Unexplained venereal disease or infection

· Unexplained vaginal or anal bleeding

· Torn or bloody undergarments

Emotional Abuse

Emotional abuse is the infliction of pain or distress through verbal and nonverbal acts such as insults, threats, humiliation, intimidation and harassment.

Signs of emotional abuse:

· Being upset or agitated

· Being withdrawn and non-communicative

· Unusual behavior

Neglect

Neglect is the failure to fulfill any part of a person's obligations to take care of the elder.

Signs of neglect:

· Malnutrition, dehydration, bedsores, or poor hygiene

· Untreated health problems

· Unsanitary living conditions

Abandonment

Abandonment is the desertion of the elder adult by an individual who is supposed to be taking care of him or her.

Signs of abandonment:

· The elder is left at the hospital or nursing facility

· The elder is left at a public place such as a shopping mall or church

Financial Exploitation

Financial exploitation is the most common type of abuse found in older adults and is defined as the illegal or improper use of an elder's funds, property or assets. Checks may be cashed that belong to the elder adult, signatures may be forged, and possessions may be stolen.

Signs of financial exploitation:

· Sudden changes in financial situation

· Additional names found on the elder's accounts

· Unauthorized withdrawals of money

· Disappearance of possessions

· Unexplained transfers of funds

· Evidence of forged signatures

If you feel a loved one may be the victim of elder abuse, please contact the nursing facility supervisor, hospital administrator, or some other person of authority in the institution in which the elder lives.

If your elderly loved one has been abused or neglected by a healthcare professional in Philadelphia or anywhere in Pennsylvania, please contact the Nursing Home Abuse & Neglect Lawyers at Pomerantz Perlberger & Lewis LLP.

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How Much is Your Personal Injury Case Worth?

Every case is different, but there are several general rules that can be used to "evaluate" a personal injury case.

1. "Value" is ultimately determined by a jury. Whether a case ever gets to a jury trial does not change the fact that everyone involved in your case attempts to determine the value of the case through the eyes of 12 potential jurors. This includes insurance companies, your attorney, and it should also include you.

2. Determining who is that fault. Under Pennsylvania law, "negligence" is broken down in terms of percentages. This is true whether the case is tried in front of a jury or for purposes of valuing the case at any time during settlement negotiations. Starting at 100%, the jury (and also an insurance company as well as any attorneys involved in the case), must determine who is at fault and also must determine their degree or percentage of fault. The defendant may be 100% at fault or may be found to be less than 100% at fault. A plaintiff, you, may also been found to be at fault. This is typical in a situation where the plaintiff is one of the drivers in the accident and there's a dispute as to how the accident occurred, or it is also typical in a situation where the plaintiff is claiming an injury because he or she fell on someone else's property. In those types of situations the defense argues that the plaintiff was some degree of fault. So long as the plaintiff is not found to be 51% or more negligent, the plaintiff is generally entitled to "recover" or be compensated for his or her injuries. For instance, if the jury finds the injured plaintiff to have injuries that are evaluated at $1,000 but finds the plaintiff 50% at fault, the plaintiff is awarded $500 in terms of a jury verdict. As another example if the jury finds the plaintiff to have injuries that they feel should be valued at $1,000 but finds the plaintiff 10% at fault, the plaintiffs is awarded $900 in terms of the jury verdict. Both sides go through this exercise throughout the settlement negotiations.

3. Medical bills, lost wages, future lost wages, and "out-of-pocket" expenses. These items are also used to evaluate a personal-injury case. Typically unpaid medical bills are what a jury will see. Judges usually do not allow juries do see the full amount of the medical bills if some of those bills were paid by other insurance coverage. An itemization of the time you missed from work, what that cost you, as well as what might be expected in future lost wages is also an "element" of damages. In addition, any "out-of-pocket" expenses are also items for which you can seek reimbursement. Therefore it is a good idea in any personal injury case to keep receipts for any expenses that you incur during the entire time from the beginning of the case to the end of the case.

4. Of course, your injury is one of if not the most important aspect in determining "value" in a personal injury case. The more serious the injury or injuries, the higher the value of the case. You will be asked to testify about your injuries. Your testimony will take place in a "deposition" which is a pre-trial statement under oath. We will prepare you for the deposition and will, of course, attend with you. If your case goes to trial, you will testify again about your injuries. Your doctor(s) will also be asked to testify at trial. Your doctors can use their office notes and reports in your medical chart to refresh their memory about your care and treatment. Thus, it is very important that you thoroughly and completely tell your doctors about all of your ailments related to your accident case throughout the treatment period.

5. The location of where the suit is filed also has an effect on the value of your case. It is well known amongst insurance companies and attorneys that some communities are more conservative, some more liberal. Therefore, the "jury pool" from each community goes into the evaluation of the personal injury case.

For more than two decades, Philadelphia Personal-Injury Lawyer Stuart A. Carpey has worked tirelessly protecting the rights of people injured in accidents. He wrote this article to assist consumers in knowing what factors are utilized in evaluating liability and damages in the personal injury case. For more information and articles on how to protect your rights, visit the Kreithen Baron & Carpey Philadelphia Personal-Injury Lawyer website.

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A Philadelphia Personal Injury Lawyer Talks About Slip And Fall Injuries And Settlement

For a case involving injuries resulting from a slip and fall on ice, a special settlement demand letter is warranted. Here is a sample for you to use in your own case.

Dear Insurance Adjuster:

Enclosed is wage loss documentation and the complete medical specials for Nira Thomas. Ms. Thomas was severely injured on January 9, 2001 in a fall down accident for which you have accepted full liability.

Nira Thomas fell flat on her back after sliding on the ice on your insured's property. She immediately made an appointment with Dr. Jess P. Jones and was seen by him later that day. Ms. Thomas received chiropractic treatments from Dr. Jones on January 9, 11, 17, 29 and February 5, 2001. Because the pain was not abating after these treatments, Ms. Thomas requested a referral to an orthopaedist. The pain actually got worse during the first six weeks after the accident. The injury was exacerbated in the first two months by the physical and emotional stress of Ms. Thomas's work responsibilities, which as detailed below, she was unable to substantially curtail.

Dr. Leroy Hamm examined Nira Thomas on February 12, and March 14, 2001. Dr. Hamm's reports document that Ms. Thomas had been having some lower back pain just prior to this accident. The accident of January 9, 2001 exacerbated her lower back pain, causing it to radiate to her right buttock. Dr. Hamm diagnosed Ms. Thomas as having suffered a lumbo sacral strain. He prescribed medication and a lower back physical therapy program. My client took medication for several months in conjunction with physical therapy, reducing the medication as tolerable.

Ms. Thomas began receiving physical therapy on February 15, 2001 at Nova Care. She treated consistently through May 18, 2001. Ms. Thomas received additional treatment at Physical Therapy Now from May 21, 2001 to December 4, 2001. It was only this physical therapy which provided significant relief to my client.

Ms. Thomas was examined by her internist, Dr. William Schetzy in the Fall of 2001. The report he prepared for the U.S. Department of Labor is enclosed.

Note that Nira Thomas continues to this day to suffer considerable back pain and has significant limitation in her activities of daily living as the result of this accident. She takes pain medication typically on an intermittent basis, and on a daily basis when the pain is exacerbated. She does exercises at home and receives massages from her husband, Robert.

The marital strain on both of my clients, sexual, emotional and physical from the time of this accident, has been great. In addition to the daily marital and personal and work stresses Ms. Thomas has been under, the delay in pursuing her biological reproductive objectives greatly impacted and continues to impact my clients to this day. Financially, emotionally, physically and spiritually, it has been devastating.

Following the accident, Ms. Thomas's supervisor would not permit her to substantially reduce her total weekly hours or work responsibilities for many weeks, until she was determined to be qualified under FMLA. In extreme pain in January-March, 2001, Ms. Thomas alternated standing and sitting at her desk, attempting to work on the computer. She was unable to sit for more than 10-15 minutes at a time. It was only after the FMLA qualification was submitted to the Human Resources department, that her supervisor was obligated to reduced Ms. Thomas's hours and shift some of her work load to another employee. Until then, Ms. Thomas simply worked through the pain.

Another work consequence of the injury was that this supervisor did not allow Ms. Thomas to pursue professional development training programs in the Spring of 2001. My client had previously signed up for these programs but could not attend them because of her decreased hours. This loss of professional development for Ms. Thomas has impacted her earning horizons. Ms. Thomas loss in productivity after the accident was a major reason that she did not get a raise or cost of living increase during her annual review in July, 2001.

In view of the clear liability and severity of the damages sustained, settlement demand is hereby made in the amount of $85,000.00 for Nira Thomas and $10,000.00 for Robert Thomas. Please contact me after your review of this claim is complete.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer 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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Personal Injury Damages

When you or a loved one is injured in an accident and you file a personal injury lawsuit, you may be entitled to financial compensation for your injuries. This money award for your pain and injuries is known as damages. Under United States law, the defendant in a these cases is responsible for paying damages to the plaintiff, or the injured individual, if the defendant is found guilty in the case.

The most common type of damages is actual damages. Actual damages, also known as compensatory damages, are paid to compensate an individual for loss, injury, or harm incurred from another's breach of duty.

In the realm of personal injury, damages are awarded in cases in which there was a breach of tort duty. In other words, the claimant receives compensation based on the position he or she would have been in had the personal injury not happened. This is divided into two categories: general damages and special damages.

General damages compensate the injured party for the non-monetary aspects of their injuries. This may include:

Physical pain
Emotional suffering
Disfigurement
Mental of physical impairment
The plaintiff must be able to prove that these or any other result of suffering the personal injury occurred as a result of the injury and not pre-existing conditions in order to be compensated for them.

Unlike general damages, special damages compensate the injured party for his or her monetary losses suffered because of an injury. These may be awarded for any number of reasons, but the most common are:

Lost earnings
Repairing or replacing property
Compensating for irreplaceable items
Covering extra costs associated with the injury
Again, especially in the case of repairing or replacing property and compensating for irreplaceable items, the plaintiff must be able to prove that the property was damaged in the accident and not before in order to receive compensation.

As in any legal case, proving your case can be difficult, so it is important to have a personal injury lawyer by your side to help you through the process. An attorney knowledgeable in personal injury can help you get the damages you may be entitled to.

If you or a loved has suffered an injury because of another's negligent actions, contact the Philadelphia personal injury attorneys or Lowethal & Abrams, P.C. to learn more about building your case.

Michael Enfield

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Speaking to Your Boss About a Potential Hazard

You may feel intimidated or uncomfortable talking to your boss about a problem involving a potential hazard at work. You may also feel that a potential hazard may not need attention because the likelihood of an employee injuring himself or herself is low. No matter how the conditions of work are, you should always be prepared to speak your mind about an issue that could potentially injure a person, no matter the degree.

Employees count on their employers to provide proper safety equipment, procedures, and environment. When an employer fails to prevent an injury at work or is neglectful in responding to an employee's call for reform, he or she may be held liable in court. An employee who becomes injured at work may also be eligible for compensation for the injuries and damages he or she endured while at work.

The truth is, all hazards at work can be prevented. It takes a strong individual to be able to speak to his or her boss about a hazard that needs attention. If a person feels that his or her boss is not being responsive to a request or inquiry, contact an attorney and speak with your fellow employees about the issue. If your boss will not listen to you, then make sure others are aware of your complaint in the event a case comes to court.

Here are a few helpful hints to helping you confront your boss about a potential work hazard:

Speak with him or her with respect: Make your boss feel that you have him or her on an equal or higher level.
Do not seem over-alarmed about the situation: Your anxiety may make your boss also feel anxious about the problem, which may worsen the situation.
Provide alternatives to help the situation: Give your own input and let your boss know that you are willing to help with the situation.
Do not pass blame on your boss or other employees: This will more than likely keep the situation from being handled and make you seem more threatening than the hazard.
Inform your boss in the form of a question: Some people like to feel as if they recognized the problem and figured out a solution to the problem without the input of somebody else.
For more information on hazards at work and legal assistance available to victims of work-related accidents, visit the website of the Philadelphia workers' compensation attorneys of Lowenthal & Abrams, P.C.

Joseph Devine

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Wrongful Death Claim

As difficult as it is to lose a loved one, losing a loved one to a wrongful death is even more traumatic. A wrongful death is a death that occurred due to someone's negligence or "wrongful" actions.

A Wrongful death claim is legal action that is filed as a civil action against a person who is being held accountable for a death. The claim is usually filed by close family, since a dead person cannot file suit, and asserts a certain amount of negligence or wrongdoing by the person being accused (also known as the defendant). The surviving family members are considered to be beneficiaries, and are entitled to monetary damages.

Originally, there was no legal recourse for surviving family members to take wrongful death cases to common law courtrooms across the United States. Over the course of time, that began to change as more and more states began passing laws to protect survivors. Today, every state in the U.S. has laws that allow family members to file a lawsuit for monetary damages when they have lost a loved one wrongfully. The statues for filing a wrongful death suit vary a bit from state to state, however they are all very similar in nature and cover a variety of types of wrongful death categories that stem from a death occurring from personal injury.

Since the matter is usually brought before a civil court, as opposed to a criminal court, the burden of proof is a simply a predominance of the evidence, as opposed to proving the case beyond a shadow of reasonable doubt as is mandatory in the criminal court system. It is because of this difference that it is much easier for a family to seek justice for the death of their loved one in this manner than it would be to push for criminal prosecution. That being said, it is not impossible to prosecute a person criminally as well as seek civil damages. It is not uncommon for someone to seek a murder, manslaughter, or criminally negligent homicide conviction, while still suing civilly for wrongful death.

Wrongful death is usually broken down at bit to fit into one main category such as: medical malpractice, products liability, defective drugs, or toxic exposure.

A wrongful death resulting from medical malpractice is becoming increasingly common across the United States. It is estimated that over two hundred thousand people die every year because of medical malpractice. (statistic courtesy of lawyers.com). Medical malpractice can be further broken down to include: medication errors, birth injuries, general negligence, and surgical malpractice.

A wrongful death resulting from products liability means that the death occurred as a direct result of a defective product. A product can be classified as any type of consumer goods, such as prescription drugs, automobiles, equipment, and many other products. There have been numerous products liabilities claims filed against tire companies for faulty tires that resulted in deadly automotive crashes, as well as automotive companies for deaths that occurred due to equipment malfunctions or seatbelt failures.

A wrongful death as a result of defective drugs is another common case seen in courtrooms today. Many of the drugs on the market today have numerous side effects that can lead to serious complications and death. When this occurs, the manufacturer of the drug can be hit with a wrongful death lawsuit.

A wrongful death as a result of toxic exposure means that the person died as a result of being exposed to harmful materials on a regular basis. This often happens at a workplace over the course of many years. Many toxic exposure cases deal with asbestos, lead, vinyl chloride, and benzene.

Since, as previously stated, the laws vary somewhat from state to state, and every state has different time limitations for filing a wrongful death suit, it is a good idea to consult with an attorney. He or she will be able to evaluate your case and advise you on the best way to proceed.

If you do end up taking your case to court, there are a wide variety of ways your compensation can be determined. Most commonly, the damages awarded are based upon the deceased person's earnings, or potential earnings. The jury will be informed of the following: how much money the deceased earned, how much money the deceased saved, and how financially dependent the survivors were upon the deceased. The jury may also consider the medical expenses incurred, along with the funeral costs.

There are certain circumstances, however, where earnings may not be able to figured, such as in the case of a deceased housewife. In these cases, an expert may be called in to assist the jury. An attorney may also be able to calculate this number and help you to understand how the process works.

While reducing your loved one to a dollar amount may seem a bit cold, money is the only award a civil jury can hand down. Since the jury cannot replace your loved one, the law is very limited in how it can provide compensation. Money is one medium that the legal system can objectively use to help illustrate what you have lost.

There are many issues that arise during a wrongful death trial, and you will undoubtedly have numerous questions. An attorney that specializes in wrongful death can be an extremely valuable asset. He or she can help you in your time of grief, and guide you throughout the entire process. An attorney can secure all necessary records, data, and information, and ensure it is handled properly and confidentially. He or she can also make sure your claim is filed correctly, and in the period of time allotted for your particular state.

There is absolutely no way to regain what you have lost when you suffer a loss due to wrongful death. However, you can take some bit of comfort in the fact that you can get a small amount of justice through the judicial system. A wrongful death attorney will make the legal end of your ordeal flow smoothly, and help you to once again assemble the broken pieces of your life.

For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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Philadelphia Personal Injury Attorney Talks About Child Injury Settlements in Philadelphia, PA

Whenever a personal injury case is settled for a minor, the court must give its permission. Without this permission, the settlement cannot be finalized. What follows is a typical petition to the court for such permission.

The Petition of Jane Doe, a minor, by her parent and guardian, Janet Doe, and by her attorney, respectfully represents:

1. Petitioner is Jane Doe, a minor, by her parent and guardian, Janet Doe.

2. The minor was born on November 26, 2003 and her social security number is 199-80-3313.

3. The minor resides with her parent and guardian, Janet Doe at 8 Davis Circle, Meriville, PA 19053.

4. A guardian was not appointed for the minor.

5. The minor's mother is Janet Doe and her father is John Doe.

6. The defendants are Humane Society of Philadelphia and Trio Trains &

Trams, Inc.

7. On April 5, 2006, the minor sustained a thumb injury as the result of an incident that occurred on that date.

8. Attached hereto are true and copies of all of the medical reports regarding the minor's incident-related injuries.

9. These reports show a minor non-displaced fracture through the finger, for which Jane rapidly recovered full range of motion.

10. Attached is a statement under oath of the minor's parent, Janet Doe, certifying the minor's physical and/or mental condition, as well as her approval of the proposed settlement and distribution.

11. The following settlement has been proposed:

To: Jane Doe, a minor, in restricted accounts not to be withdrawn before maturity or upon prior leave of the court - $4,831.52

12. Counsel is of the professional opinion that the proposed settlement is reasonable since there is a significant liability issue in the nature of defendants' notice of the hazard that caused the injury, and the minor had only five visits with medical providers, and rapidly recovered full range of motion of the injured body part.

13. Counsel has incurred the following expenses and reimbursement is sought:

Medical Records $23.22

Prothonotary $219.50

B and R $10.00

14. No other costs have been incurred by or on behalf of the minor that must be paid from the proceeds of the settlement.

15. There are no claims or liens against the plaintiff.

16. Counsel requests a fee in the amount of $2,415.76, which is 33 1/3 percent of
the net settlement after deduction for costs. A copy of the retainer agreement is attached.

17. Counsel has not and will not receive collateral payments as counsel fees for representation involving the same matter from third parties.

18. All of the medical bills for the minors relating to this incident have been paid in full.
19. The net settlement payable to the minor after deduction of costs and
attorney's fees is $4,831.52.

WHERFORE, Petitioner requests that he be permitted to enter into the settlement recited above.

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

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Distracted Driving - Cell Phones

Cell phones have truly become an integral part of the average American's lifestyle. This is especially true for teenagers. Because this is the main form of communication for many people, drivers may choose to use their cell phones while they are driving to keep in touch with family, friends and colleagues. However, this growing trend is extremely dangerous. In fact, researchers say that talking on the phone is equivalent to drunk driving in terms of impaired functionality, alertness and reaction time.

Distracted driving is alarmingly common. A recent study found 71 percent of people between 18 and 49 admit to texting or talking on the phone while driving. As a result of this extremely high-risk driving behavior, there are 500,000 people are injured in accidents involving distracted driving every year.

By using a cell phone when driving, you are putting yourself at risk for three main forms of distraction:

Visual - taking your eyes off of the road. This is especially true when texting. For example, if it takes you 30 seconds to send a text message while you are driving at 60 miles per hour, you would be taking your eyes off of the road for half of a mile, easily enough time to get into a collision.



Manual - taking your hands off of the wheel. Without both hands on your steering wheel, you greatly increase your chances of losing control of your vehicle and getting into an accident.



Cognitive - taking your mind off of what you are doing. This is the main problem with distracted driving. Even with the use of a hands-free Bluetooth device or speakerphone, you are not paying full attention to driving, but rather an external source of stimuli. Taking your mind off of the road can have dangerous repercussions.


Even if you are an extremely safe driver, you may still be at risk for the consequences of distracted driving if others on the road are engaging in it. If you were hurt in a car accident that was the result of distracted driving, you may be entitled to financial compensation. Every state has different laws regarding this matter, so it would be beneficial to speak with an attorney to discuss your individual case and the laws that may apply to you.

If you would like more information about automobile accidents or have been injured in a car accident at the hand of a distracted driver, visit the web site of Philadelphia personal injury lawyers Lowenthal & Abrams, P.C.

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A Guide to the Different Types of Personal Injury Lawyers

The world we live in is based around control and risk assessments. Whatever happens there is always someone to blame and to hold responsible. When something goes wrong there is always someone that has to pay for the mistake, sometimes even if he was not directly responsible, and could not have foreseen the situation. This blame culture has been created thanks to the fear of being hold legally accountable, or being sued, for a mistake or problem. That is why it is so important to understand the basic facts about Personal Injury Lawyer In Philadelphia or whichever city you live in.

This short article will look into the basics of this branch of law so we can be better prepared to either face it or use it to our benefit. We will be looking at three basic questions: what requirements must a personal injury lawyer fill? What kind of qualifications must he or she have? And, what kinds of injury lawyers exist, and which should you choose?

This short article will look into three main aspects of this profession. First we will look into the requirements they must have, second the qualifications they must pass, and finally the types that exist.

Plaintiff lawyers, another name that is used to describe them, must meet high professional and ethical standards. The professional standards include providing a good service to their clients. They must be able to analyze a case, identify the legal issues that bind it, and carry out the necessary research to build a good case for his client. Ethical responsibilities include secrecy, privacy, and loyalty to the client's best interests.

They must all pass a set of exams and tests. Obviously they need a law degree, then they must pass the state bar examination. After that, some states require further examinations. A popular one is the Multi-state bar examination, which is often taken in tandem with a Professional responsibility examination.

There are a wide variety of branches of this type of law practice. They generally center on providing attention to specific types of personal damage like medical malpractice, workplace injury, wrongful death, etc.

This variety of fields of expertise makes it very important to do your research and find a lawyer that is proficient in the specific lawsuit you are planning to present. If you are looking for a Personal Injury Lawyer in Philadelphia you must spend some time finding about his record, qualifications and success rate. However, there are probably going to be other issues you need to think about, like how expensive he or she is, and how payments must be made. Sometimes lawyers will work for a percentage of the compensation the client receives from the defendant.

Discover the best Personal Injury Lawyer Philadelphia residents when you need assistance. Look for a good personal injury Philadelphia attorney can assistance you win your case. Go online today and learn more.

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Professional and Amateur Athletes and the Law of Assumption of Risk

If you have tuned into any of the events of the 2010 Winter Olympics taking place in Vancouver, you undoubtedly have seen amazing moments of both artistry and athleticism. Despite all of the understandable concerns over the weather and the lack of snow at the various sites of competition (at the same time that nearly every state in our country had snow on the ground somewhere), the Olympic Games have pressed forward. Perhaps in part due to the unpredictable impact of the weather and also simply due to the intensity of the sports being showcased, you probably also have seen a few of the injuries that have taken place on the tracks and the hills. And, of course, there was the tragic death of Georgian luger Nodar Kumaritashvili before the Games even began. These frightening instances bring up questions regarding the assumption of risk that both athletes and observers take when choosing to be a part of a sporting event.

The legal definition for "assumption of risk" is:

an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care.

When a college quarterback in Texas takes to the field on a Saturday night, he cannot sue the linebacker on Monday morning if he is sacked too many times and sustains serious injuries. Pain and broken bones are understood to be possible outcomes for those who choose to contribute their skills to a football team. Likewise, if you are in a seat along the third base line and become so engrossed in a conversation that you fail to see the foul ball that is speeding straight towards your head, you cannot bring a lawsuit against the man who runs the sound system because he did not grab the microphone and yell, "Look out!" You chose to place yourself in these potentially dangerous situations. You assumed the risk.

The idea that assumption of risk is an affirmative defense means that there is some reason to limit, excuse, or avoid criminal culpability or civil liability. If criminal charges or a request for compensation has been made, a defendant must "affirmatively" present evidence that a shared understanding of the potentially dangerous environment existed among everyone in attendance. In other words, once the notice is displayed during Detroit Red Wings games to watch out for flying pucks, the organization has met its obligation to remind spectators that they may leave the arena with fewer teeth than when they arrived. If you visit the website for campus recreation at Texas A & M University, you quickly will spot the consent form that all participants must sign before being allowed to engage in a volleyball or flag football grudge match against a rival fraternity.

Are there instances, however, when the environment in which an athlete or spectator finds himself goes beyond what should be deemed acceptable in terms of its risk? A fan of the Dallas Cowboys who chooses to attend a game at the home of division rivals Philadelphia Eagles while wearing a brand-new Tony Romo jersey may know that he will not be the most popular guy in his section. However, does he assume the risk of landing in a hospital following an altercation with five guys who thought that Michael Vick did not go far enough in teaching those dogs a lesson? And, to put the focus back on the Olympics, do these world-renowned competitors have the right to sue if officials did not display enough diligence in clearing a bobsled track for safety after two straight days of sleet and a violent collision occurs?

There are likely no athletes, whether they be a professional or a champion of the weekend battles in the backyard, who have escaped their sport of choice without an occasional physical injury. Do not expect to engage your body in voluntarily, aggressive contact with another human or an intimate object in some way propelled by human strength and leave the experience without any wear on your body. However, there may be legitimate instances in which the damage you sustain is not consistent with the risk you assumed. If you are an athlete working under a signed contract, perhaps you have a clause that offers you financial compensation in the instance that you are injured while playing in an environment or with equipment that does not meet professional standards. On the other hand, what if you face a career-ending blow from an opponent who does not play by the rules of the league in which you participate? If you believe that you have suffered in ways that extend beyond the expected assumption of risk, you should contact an experienced sports or personal injury attorney who will be able to determine the merits of your case. Professional athletes operate in a high-risk, but also highly lucrative, field. Make sure that you are protected and supported to the fullest extent of the law.

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino's practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at http://www.belolaw.com

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