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Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
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General
Premises Liability: The Slip and Fall
Worker who lost leg in construction accident receives $13M
A construction worker whose leg had to be amputated after it was crushed by falling beams recovered a $13 million settlement.In 2005, Timothy McGuire was standing near an 80-foot I-beam on the Harrah's casino construction site in Chester when an aerial boom operator hit the beam, causing a chain reaction of falling beams. They landed on McGuire's right leg, crushing it. After 16 surgeries, his leg ultimately had to be amputated above-the-knee.
McGuire and his wife blamed general contractor T.N. Ward and subcontractors Samuel Grossi & Sons and E&R Erectors, arguing that they failed to ensure workers' safety. The plaintiffs also alleged the beams were improperly stored. Lawsuits against Harrah's Entertainment and Chester Downs were dismissed after the other parties agreed to the settlement. The case was filed in Philadelphia County.
To see the full report on this case, go to VerdictSearch.com.
At C&C Law, we have handled many construction site accidents in both Pennsylvania and New York. See more information on the website relating to construction site accidents here and here.
Boy blinded in ATV rollover gets $6M settlement
A 9-year-old boy blinded in an ATV (all terrain vehicle) accident received a $6 million settlement from his grandfather and his grandfather's businesses.In 2005, Thomas Richard Stewart V was operating an adult-size ATV on a hunting preserve owned by his grandfather, Thomas Richard Stewart III, when the boy became startled and lost control of the vehicle. It flipped over and its handlebar lodged into Thomas' left eye, blinding him in both eyes.
Thomas and his mother sued Stewart and his businesses, claiming they should not have allowed the boy to operate an ATV unsupervised. The defendants contended they weren't liable and argued that Thomas' father was responsible for the ATV at the time of the accident. The settlement was reached through mediation. The case was out of Fayette County which is south of Pittsburgh.
The see the entire report on this case, go to VerdictSearch.com.
I've blogged about ATV accidents many times before. See here and here. If not careful, these "toys" can be very dangerous.
Vehicle and Automobile Accidents
Defendants agree to pay $2.9M for driver struck in intersection
Pennsylvania - Motor Vehicle Collision
A van driver who sustained multiple fractures in an intersection crash with a Mack truck received $2.9 million in court-appointed mediation. Joel Aponte, then 22, was struck by Francis Hacker who ran a red light. Aponte fractured his pelvis, femurs and C6 vertebra. He also suffered significant internal injuries that required stomach and bowel reconstruction. The settlement consisted of $1.9 million of Hacker's $2 million insurance policy and the $1 million limits of an underinsured motorist policy applicable to the van Aponte was driving.
To purchase the full report on this case, go to VerdictSearch.com.
Workers' Compensation
Surprising change in Workers Compensation Medicare Set Aside practice and procedures
There's a new post at the Pa Work Injury blog about a surprising change in Medicare's set aside policy for the settlement of workers' compensation cases for people who are also on social security disability.It involves the immediate elimination of the claimant's ability to terminate or cash in a set aside account that is no longer needed.
Check it out.
General
Study finds settling is better than going to trial
The following link is to a New York Times article regarding a comprehensive study of civil lawsuits that has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer. The study was co-authored by Randall Kiser, who is an analyst at DecisionSet which is a consulting firm that advises clients on litigation decisions. When measuring how much money was recovered, 61% of the plaintiffs were wrong in deciding to not take a settlement and go to trial. However, defendants made the wrong decision by proceeding to trial only 24% of the time.
Approximately 80-92% of cases settle before they go to trial, however. The study was based upon a review of 2,054 cases that went to trial from 2002 to 2005.
Significantly, however, for plaintiffs who made the wrong decision and went to trial, it cost them about $43,000.00 on average. But, the defendants who made the wrong decision about going to trial were hit in a much greater amount, on average of 1.1 million dollars. Therefore, the errors that the defendants make are much more costly, despite the fact that the errors are made less often.
Also, the study indicated that factors such as rank of a lawyer’s law school and the size of a law firm were not dispositive in determining whether or not the lawyer and/or client made a mistake in going to trial. Therefore, as per the study, it does not really matter if you come from a big city firm or a small local firm, the same mistakes can be made.
Because we are experienced trial lawyers here at C&C Law, I immediately spotted a few defects with the study. First, the study stated that 15% of the cases the plaintiff received more than what was offered by the defendant, but less than what was demanded by the plaintiff before trial. This points out a fallacy in the ‘study’. A demand is a number to be worked from to reach an agreement. The fact that a plaintiff received less than their demand means NOTHING, if that demand did not represent what a client would accept as settlement, i.e., I demand $100,000.00 on a case I wish to settle for $50,000.00. After the trial, a jury awards met $57,000.00. I may have received $43K less than my ‘demand’, but I still resolved the case for what I thought was ‘full value’.
Also, a study like this, which gets printed in the NY Times is dangerous as it misinforms clients and potential clients and suggests that the problem is that the attorney is operating under a contingency fee agreement. (This has been a new ground for attack by tort (d)eformers; if they can’t prevent lawsuits and/or cap damages, then they will try to get limitations on contingency fee agreements, so people without money, who can’t pay hourly for an attorney, won’t be able to find an attorney because contingency fees have been curtailed or limited such that the claim is not worth the attorney risking his time and costs to prosecute.)
To see the entire article, go here.
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FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
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