Carroll & Carroll, P.C. Library
On the page below you can find links to documents, reports, publications and discussions provided by Carroll & Carroll, P.C..
The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.
Contact us for a consultation today.
Personal Injury
- Compliance with Industry Standards Not Admissible in Defective Product Strict Liability Action
Description: In Defective products litigation, the defense cannot introduce at trial compliance with industry standards to escape liability. - 5 Rules to Succeed in Filing an Insurance Claim
Description: This article describes 5 things you should do when dealing with insurance companies in general and specifically when filing a claim on your policy. Most of the advice in this article applies to both minor property damage claims caused by an auto accident or damage to your home due to weather conditions, etc. But these rules also apply to serious injuries caused by someone's negligence where you are dealing with an insurance company or insurance adjuster. As always, the most important rule is to first talk to an experienced personal injury lawyer BEFORE speaking with anyone at the insurance company. - Tort Wars
Description: This article describes the efforts by the business and insurance communities to restrict average Americans' access to the Civil Justice System. - Firestone Tires Still Claiming Lives [PDF]
Description: This article discusses the fact that despite a tire recall almost 8 years ago, Firstone Tires are still claiming lives. - Tax Court Case on Confidentiality Clauses in Personal Injury Settlements [PDF]
Description: The little known tax court decision of Amos v. Commissioner, T.C. Memo 2003-329 (December 1, 2003), is a cautionary tale for Plaintiff's counsel when dealing with confidenatiality clauses in personal injury settlements.
Counsel must be cautious during settlement negotiations and insist on striking such confidentiality provisions from personal injury settlements that fall within the purview of IRC Sec. 104(a)(2). If confidentiality is non-negotiable, any such clause should be drafted so as to contain express language that confidentiality is mutually beneficial to both parties and that no consideration is being paid or intended for that purpose. - Defective Toys That Cause Injuries [PDF]
Description: This is an article by Carrie Frank who is a lawyer in Boulder, Colorado. I received the article through the Product Liability Section of AAJ. The article summarizes the defective toys that are sold to us and our children use. It explains how the toy industry is monitored. It also discusses the various dangers including swallowed magnets, lead, choking/suffocation, entrapment/strangulation and the use of toxic chemicals. Every year, hundreds of children are needlessly hurt by dangerous toys. One of the main lines of defenses against the toy industry and lack of regulation are trial lawyers. - What is Arbitration? Mediation?
Description: This article explains arbitration and mediation as used in personal injury cases. I often use mediation to help settle claims before they go to trial. It is a good technique to have an objective, third person review the case and give his or her opinion on liability issues and the amount of damages. Also, it helps to have an experienced mediator to put an unreasonable defendant or insurance adjuster in their place. - Ten Tips to Maximize Your Recovery Part III
Description: This article provides 10 tips to maximize a successful outcome in your personal injury case. - What is an Independent Medical Examination?
Description: This article describes the term "Independent Medical Examination" or "IME" as used in injury, workers' compensation or disability cases. As pointed out in the article, these examiantions are not really independent but are merely examinations performed by a doctor with a relationship with the insurance company or insurance industry. Here at Carroll & Carroll, P.C., we call them exactly what they are, Defense Medical Examinations, or "DME."
Please refer to another library item regarding "What to do at a DME." This is a standard letter that we send to all of our clients who have to attend a defense medical examination. These are when the insurance company hires a doctor to exam the plaintiff and render an opinion that the defense will use. These exams are more commonly referred to as IME's or Independent Medical Exams, but we and C&C Law think there's nothing independant abou them. The exams are for the defense so let's just call them that-- Defense Medical Exams. Usually, the doctor conducting the exam is well known with the insurance industry and makes hundreds of thousands of dollars a year conducting exams for the insurance industry. I ask you...how independant is that!?!?
The attached document are good rules to follow when you have to attend one of these exams. - Catastrophic Injuries: Paralysis, Amputation, Burns
Description: This article describes some the serious injuries our clients suffer from due to others' negligence. - New York's Client's "Bill of Rights"
Description: New York's Client's "Bill of Rights." If you have a New York lawsuit, see if your attorney is following these rules. - Ten tips to maximize your recovery - Part II
Description: This article provides 10 tips for maximizing a settlement in a personal injury lawsuit. - Ten tips to maximize your recovery ' Part IV
Description: This article provides 10 tips for maximizing a settlement in a personal injury lawsuit. - Unsafe Products - What Are Your Rights?
Description: This article describes the area of law known as Product Liability. It describes what manufacturers of product must do in order to protect the safety of consumers. - Ten tips to maximize your recovery - Part I
Description: This article provides 10 tips for maximizing a settlement in a personal injury lawsuit. - FDA Issues Chantix Public Heatlh Advisory
Description: This article addresses the concern over the medication Chantix which is prescribed to help people stop smoking. There is a concern that the drug may cause suicidal behavior and tendencies. - Government Institutes Largest Crib Recall in US History
Description: This article discusses the major crib recall and how the company has responded. - Lawyer Advertising That Doesn't Make a Bit of Difference
Description: This article describes some of the stupid tricks lawyers use in their advertising to get cases. - Eight Things You Should Know About Pursuing An Injury Claim
Description: This article explains 8 tips you should know about filing a personal injury claim and litigation. - Filing a Wrongful Death Lawsuit in Pennsylvania and New Jersey
Description: This article describes the details of filing a Wrongful Death lawsuit in Pennsylvania. - Lead Poisoning Threatens Pregnant Women
Description: This article discusses the dangers of lead exposure and preganancy. - Schizophrenia and Traumatic Brain Injury
Description: This is article is about the relation of traumatic brain injury and schizophrenia. - Health Plan Sues Accident Victim to Recover Entire Settlement Recovery
Description: This article describes the how some employers and insurance companies are using a Federal law called ERISA to take all or most of personal injury settlements from plaintiffs. - Secrets Kept From Juries In Personal Injury Cases
Description: This is an article describing some of the facts of a personal injury trial that are kept from the jury. - Boating and Personal Watercraft Accidents
Description: Boarting and Personal Watercraft Accidents causing personal injuries. - How the insurance industry shortchanges accident victims to earn billions more in profits
Description: How the insurance industry shortchanges accident victims to earn billions more in profits - Questions The Insurance Adjustors Don't Want You To Ask
- Insurance Industry Settlement Tactics
- Letter to The Editor on Corporate Responsibility
Premises Liability: The Slip and Fall
- Slip and Fall Cases in Pennsylvania and New York [PDF]
Description: This document is a brief in opposition to a Summary Judgment Motion in a slip and fall case. The plaintiff slipped on ice in a grocery store parking lot. The issues in the motion pertain to whether the "Hills and Ridges" doctrine applies as well as if the patch of ice was "open and obvious" thus precluding recovery by the plaintiff. This brief provides a good summary of the law on both of these issues. - Premises Liability: Legal Definitions for your Premises LawSuit
Description: This article defines some legal terms used in Premise Liability or Slip and Fall cases. We handle a lot of these cases at C&C Law. These cases range from tripping on uneven sidewalks to slipping or tripping on something in a grocery store. I am often surprised by the level of serious injuries that can occur when someone falls. These injuries range from broken bones in arms and wrists to back injuries requiring surgery to repair herniated discs. - Slip and Fall Case Makes it to Supreme Court
Description: This is an interesting article about how a simple slip and fall case made it all the way to the Supreme Court. - Supermarkets Especially Prone to Slip and Fall Injuries
Description: Many of the slip and fall cases we handle at Carroll & Carroll, P.C. involve grocery stores. Often times falls are caused by spilled products that are not cleaned by the store in a timely manner or by items on the floor. And, customers naturally are not looking where they are walking. Customers are doing exactly what the supermarket wants them to-- looking at the merchandise on the shelves and buying stuff. Therefore, it is imperative that store employees are constantly diligent in cleaning up spills and making sure the isles are clear of clutter.
This article gives a nice summary of slip and fall accidents in supermarkets and grocery stores.
Workers' Compensation
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases [PDF]
Description: This article explains the law on the issue of when you can be reimbursed for mileage when travelling to your treating doctor in a Pennsylvania Workers' Compensation case. - Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Description: Here is a flow chart that describes the Pennsylvania workers' compensation claim documents that are most commonly seen in cases that are NOT in litigation. Just scroll over the document title for a description of what that form is used for. This is helpful if you receive a form or document in the mail and you are not sure of its purpose. Of course, you should always call your attorney (if you have one) for an explanation. - Construction Site Accidents and Injuries
Description: This article summarizes construction site injuries and accidents along with a description of some legal issues when dealing with this type of case. - Work Injuries Due to Inadequate Machine Guarding
Description: This article describes the dangers of inadequate guarding on industrial machines and the types of injuries that can be caused. It also discusses what can be done above and beyond a workers' compensation case against a company that manufactured a machine that lacked the proper guards to make it safe. - Former Welder's $1 Million Verdict Will Stand
Description: This article describes the case of a welder who won a $1 million dollar verdict in Illinois for injuries caused be welding fumes. It's an example of the various injuries welders can suffer while at work. - Employment Accidents -- An Overview
Description: The article details the Federal agencies that are responsible for worker safety and accidents. - Filing Your Mesothelioma Law Suit - Frequently Asked Questions
Description: This is an article describing the steps and issues involved in litigating a Mesothelioma law suit. - Dangers Associated with the Welding Profession
Description: Dangers Associated with the Welding Profession - Asbestos: A Cautionary Tale from South Africa
Description: Asbestos lawsuits - Construction Site Accidents Are Often Serious or Fatal
Description: Construction Site Accidents Are Often Serious or Fatal - Plaintiff awarded wage-loss benefits for depression that resulted from work injury [PDF]
Description: On July 10, in Bartholetti v. WCAB, the Commonwealth Court of Pennsylvania ruled a plaintiff was entitled to wage-loss benefits for a period of depression where her psychologist clearly opined that the depression was a result of plaintiff’s injury at work.
Tara Bartholetti was an elementary school teacher who was punched and bit by a student when she attempted to stop a fight. She filed a claim petition alleging she suffered severe anxiety and depression from abnormal work conditions arising from the incident. After Bartholetti’s psychologist testified she suffered symptoms of post-traumatic stress syndrome as a result of the altercation, the WCJ awarded her wage-loss benefits. The WCAB, however, reversed this award, finding Bartholetti failed to prove the disabling nature of her work injuries.
On appeal, the Commonwealth Court found the WCJ’s findings rest on the competent evidence presented by Bartholetti’s psychologist and must not be disturbed. Accordingly, the denial of wage-loss benefits was reversed. - Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
Description: Here is an excellent article by Attorney Dan Siegel re. whether an injured employee really has to treat with the company doctor. I often tell my clients that it is not necessary and they can treat with whomever they want. Seriously, wouldn't you be more comfortable treating with your family physician or receiving a referral to a specialist from your family physician? 9 out of 10 times the employer's doctor has the employer's best interest in mind instead of the patient.
Dan is an attorney in the Philly area. Check out his other websites if you get a chance. - Flow of a Pennsylvania Workers' Compensation Claim [PDF]
Description: This is a nice little form from the Workers' Compensation Bureau that describes the flow of the basic workers' compensation case. We have a printed version of this form in our lobby. It's a good summary of what's done and can be a good visual explanation of why these cases, sometimes, take a long time. Of course, every case is different so your particular case may not follow this example exactly.
Vehicle and Automobile Accidents
- Unsafe Drivers of Truck Tractor Trailers and Commercial Buses in Pennsylvania and New York
- Think Long and Hard Before You Give a Recorded Statement to the Opposing Insurance Company
Description: Should you give a recorded statement to the other driver's insurance company adjuster before talking to you a lawyer? Think Long and Hard Before You Give a Recorded Statement to the Opposing Insurance Company. - 7 Misconceptions that Can Wreck your Accident Case
Description: This article describes 7 misconceptions that people have about Pennsylvania and New York automobile accidents and what rights and benefits are allowed. - Roof Crush Standard Delayed
Description: This article describes the status of new roof crush standards for automobiles. - Roof Strength in Rollover Crashes [PDF]
Description: This is the study from the Insurance Institute For Highway Safety on automobile roof strength in rollover crashes. - 5 Steps to take at the Scene of an Accident to Ensure a Fair Settlement
Description: This article provides some helpful tips of things to do after you're in an automobile accident. Doing these things will help your lawyer best prepare your injury case and make sure you receive fair compensation for your injuries. - Your Children Must Always Be in Car Seats
Description: This article describes the importance of using child safety seats when driving with children. The worst kind of case to handle is when a child is seriously injured or killed in an automobile accident because his/her parents did not use a car seat or did not use it properly. - Principles of Vehicle Crashworthiness
Description: This is an article about the concept of crashworthiness in automobiles. In some instances, auto manufacturers design vehicles unsafely and defective. These design defects can cause serious injuries during auto accidents that would not have occurred if the car was made safer. - Should You Handle Your Car Accident Case Without an Attorney? 3 Things You Should Know
Description: Most of the time, we counsel our clients to not handle their car or truck or motorcycle accident case without having an attorney represent them. If you have an attorney, 99% of the time you will have a better outcome. However, there are small cases where you may not want to have an attorney represent you. This article provides some helpful hints in dealing with the insurance adjuster when you have a small case and want to handle it yourself without an attorney. - Get Me Compensation
Description: This is a general article explaining how to obtain the most compensation for your auto accident claim. One interesting point of this article explains the concept of "liability." Merely because a defendant is negligent, it doesn't mean they are responsible or liable for your injuries. A good plaintiff's attorney must prove negligence AS WELL AS causation to get liability. This means that the negligent act must have caused the injury or, at the very least, aggravated a pre-existing injury. - Insurance Coverage for Auto Accidents
Description: This article provides a general summary of the types of insurance and types of coverage available when you are involved in an automobile accident. - The Road Biker's Nightmare - What you should know before and after you are hit by a car.
Description: This article explains what to do if you are struck by a car while riding a bicycle. No matter how careful cyclists are, these accidents happen every day. When a bicycle comes in contact with a car, even low speed impacts can cause serious injuries to the riders. The lawyers at Carroll & Carroll, P.C. are experienced in handling bicycle and pedestrian accidents. Contact us with any questions. - America's Blindspot: Backup Car Accidents
Description: This article describes the seriousness of back up collisions and how they can be prevented. - Get The Facts About Drunk Driving Fatalities
Description: This article summarizes the fatalities related to automobile accidents that are caused by drunk drivers. It points out the importance of efforts to stop driving while drunk. - Motorcycle Accidents & Injuries
Description: This article is full of interesting facts and helpful tips regarding safely riding a motorcycle and motorcycle insurance information. - Talking With An Insurance Adjustor: Do's & Don'ts
Description: This article provides some do's and do not's when talking to an insurance adjuster after you've been involved in a automobile accident or any kind of injury. - Discover How Insurance Companies Hammer a Stake Through the Heart of Your Accident Case
Description: This is a a list of arguments that insurance adjusters use to try to deny benefits. - Ways To Protect Yourself After A Car Accident - And One Thing To Do Before An Accident
Description: This is a helpful article of things to do after you're involved in a vehicle accident. - Insurance Tip: Why Uninsured Motorist Coverage Is A Good Idea
Description: This article discusses the importance of purchasing Uninsurance and Underinsurance coverage on your automobile policy. - Automobile Accidents and Traumatic Brain Injury
Description: This article describes some of the symptoms associated with traumatic brain injuries that were caused by automobile accidents. - Drinking Too Much: Are You the Victim of a Pennsylvania Drunk Driver Accidents
Description: This article describes the danger of drunk drivers and what can be done if you've been hurt in a Pennsylvania drunk driving accident. - Whiplash Injuries Are Difficult To Prove In Court
Description: This is an article about the difficulties of taking "whiplash" injury cases to trial. Although it's difficult, if you do the right things and make the right arguments, a jury can award significant money in these types of cases. - The Common Causes of Truck Accidents
Description: The Common Causes of Truck Accidents - Crashworthiness: A Legal Doctrine
Description: crashworthiness - School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design
Description: School Bus Accidents and Injuries Can Be Prevented by Safety Training and Parking Lot Design - A Basic Understanding Of Car Accident Cases
Description: Although insurance companies and many lawyers consider auto accident claims routine, that just isn't true. Every car accident and every individual injured in an auto accident is unique. - Traumatic Brain Injuries Associated With Motorcycle Accidents
Description: Traumatic Brain Injuries Associated With Motorcycle Accidents - Common Insurance Company Arguments
Description: If you have been injured in a car accident insurance companies may try to defeat or diminish the value of your claim with a laundry list of arguments. - Drivers Strikes Mother and Daughter in School Crossing Zone
Description: A woman and her daughter were struck by a car while crossing the street in Lansdale, PA. The vehicle was stopped but lurched forward as the two crossed. - Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
Description: An Allentown man is responsible for a multiple car accident in Bethlehem, PA. A passenger was hospitalized and the driver faces DUI charges. The man was driving with a suspended license and was also brought in for public intoxication the day of his release. - One Man is Injured, Will Likely Face Charges after Accident in Tioga County, PA
Description: Two Tioga men are involved in accident that leads to possible traffic charges and one hospitalization. - Police in New York Crack Down On Cell Phone Use While Driving
Description: Cell phone use in New York is illegal yet many drives continue to use hand-held phones. Officers in Steuben County set out to catch and cite drivers using their cell phones while driving. The crack down highlights tragic cases where distracted drivers were involved. - Multi-Truck Accident in Susquehanna County Results in Hospitalization
Description: Trucking accident in Susquehanna County sends one driver to the hospital and highlights the importance of safety among commercial drivers. - Man Responsible for Rollover Accident in Van Buren, NY Faces Multiple Charges
Description: Man flips his jeep as sobriety checkpoints are spread across New York in an effort to save lives this holiday weekend. - Many cars don’t protect against whiplash injuries
Description: How to save your neck in a Pennsylvania or New York Rear-End Crash - What To Do After An Auto Accident
Newsletters
General
- Attorney Carrie L. Carroll, Esquire Honored [PDF]
Description: Attorney Carrie L. Carroll, Esquire is honored by Cambridge Who's Who. This is a nice award. Congrats to Carrie! - Most Common FLSA Violations
Description: This article describes the most common violations of the Fair Labor Standards Act. - Fact Paper On Federal Preemption of Personal Injury Cases [PDF]
Description: The U.S. Supreme Court’s ruling in Riegel v. Medtronic, Inc. is one more example of how “tort reformers” are using federal preemption to trump states rights, shut down courthouse doors, and make corporate wrongdoers unaccountable for their negligence. The preemption creep has adversely affected our safety in many ways. The Pennsylvania Association For Justice has issued this Fact Paper on federal preemption. - Facts on Maternity Care In Pennsylvania [PDF]
Description: Moms and their babies in our state and across the nation are facing a problem as OB/GYN clinics are closing down. Experts agree that the main issue is low Medicaid reimbursement rates. But rather than focusing on the real problems behind the shortages and closures, the so-called “tort reformers” are exploiting the issue in an attempt to close the courthouse doors. To assist you in talking to policy makers and friends, PaAJ has developed a new fact paper that addresses the real culprit of decreasing Medicaid reimbursement rates. - The State of Pennsylvania Civil Justice 2008 [PDF]
Description: From the President on down, January is the month for public officials and others to report on “the state of.” We, at the Pennsylvania Association for Justice, are providing you our first annual state of the state’s civil justice system, with special emphasis on health care. Compared to other states, civil justice in Pennsylvania is robust, efficient and fair to consumers—the courthouse doors remain open. - Lawyer TV Ad States Insurance Company Settled At Mere Mention of Lawyer's Name
Description: This is an article about some of the midleading tactics lawyers use in advertising for personal injury cases. - What To Do at the Defense Medical Examination [PDF]
Description: This is a standard letter that we send to all of our clients who have to attend a defense medical examination. These are when the insurance company hires a doctor to exam the plaintiff and render an opinion that the defense will use. These exams are more commonly referred to as IME's or Independent Medical Exams, but we and C&C Law think there's nothing independant abou them. The exams are for the defense so let's just call them that-- Defense Medical Exams. Usually, the doctor conducting the exam is well known with the insurance industry and makes hundreds of thousands of dollars a year conducting exams for the insurance industry. I ask you...how independant is that!?!?
The attached document are good rules to follow when you have to attend one of these exams. - Traumatic Brain Injury and Hearing
Description: Traumatic brain injuries can affect your hearing. - Defective Child Safety Seats
Description: Defective Child Safety Seats - STOP Collection Harassment
Description: Stop debt collection harassment. - Alarming Increase of Unsafe Products Prompts Action from Congress
Description: Increase of Unsafe Products Prompts Action from Congress - Second-Hand Asbestos
Description: Second Hand Asbestos Exposure - The Truth Behind Some Cheesy Lawyer TV Ads
Description: The Truth Behind Some Cheesy Lawyer TV Ads - Diabetes Drug Avandia Now Linked to Heart Attacks, Congestive Heart Failure and Bone Fracture
Description: Diabetes Drug Avandia Now Linked to Heart Attacks, Congestive Heart Failure and Bone Fracture - Consumer Protection and the Role of Class Action Lawsuits
Description: Consumer Protection and the Role of Class Action Lawsuits - 12 Steps of a Class Action Lawsuit
Description: 12 Steps of a Class Action Lawsuit - Case Study: Nursing Home Injury to Alzheimer’s Resident
Description: Case Study: Nursing Home Injury to Alzheimer’s Resident - How To Find And Hire A Battle-Hardened Personal Injury Attorney
Description: This article reveals the types of personal injury lawyers and firms behind extravagant advertising campaigns. It is a description of the type of service one can expect from advertising law firms and the reasons that consumers should avoid choosing a lawyer based solely on advertising. Finally, the article describes the practices of dedicated trial attorneys who receive most of their clients by referral and how consumers can find such lawyers. - 10 easy ways to trim costs on everything from physicals to surgeries.
Description: How to save thousands on your health care. 10 easy ways to trim costs on everything from physicals to surgeries. - A Guide to Legal Issues for Pennsylvania Senior Citizens [PDF]
Description: The PBA Senior Lawyers Committee has updated its publication, A Guide to Legal Issues for Pennsylvania Senior Citizens. The publication covers a wide range of issues, including financial planning, estate planning, housing assistance, Medicare, long-term care and consumer protection. Download the 2007-2008 issue. - Tips to Effectively Battle Your Insurance Company
Description: This is an article from CNN.com regarding tips to effectively battle your health insurance company.
The article gives crucial tips you need to battle your health insurance company when they refuse to pay medical bills. The tips come from a family who lived through a nightmare when their health insurance company denied hundreds of thousands of dollars in medical bills. Through their tough, hard work they were able to get most of the bills paid. This article shares the lessons that they learned along the way.
I hope you will read this article very carefully to arm yourself with the information you need if you ever find yourself with medical bills and lots of insurance company denials.
If you are having difficulty with medical bills related to injuries sustained in either a car accident or at work, use the tips in this article to make sure the insurance company treats you fairly.
As always, you can give us a call or send me an email and we will work together to fight for the benefits you deserve. - Fact Paper: Health Courts [PDF]
Description: This is a fact paper from the Pennsylvania Trial Lawyer's Association on the Health Courts that you've heard a lot about in the news. - Fact Paper: The Big Lie on Caps [PDF]
Description: This is a Fact Paper created by the Pennsylvania Trial Lawyer's Association which discusses the insurance industry's advance of caps on damages in personal injury litigation. This paper presents the facts on this issue; something that insurance companies don't want you to know. - Fact Paper: The Big Lie on Frivolous Lawsuits [PDF]
Description: This is a Fact Paper from the Pennsylvania Trial Lawyer's Association addressing the issue of "frivolous lawsuits." That term is often thrown around by politicians who are in the pocket of the insurance industry and the chamber of commerce. This blanket phrase is used to cover most lawsuits. This paper will give you the facts of lawsuits and actually how many of them are truly frivolous or truly meritorious. The insurance industry and chambers of commerce don't want you to know these facts.