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.

Michael Enfield

Asbestos Attorney Ohio

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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