Category

Brain Injury Attorney

Suing Over COVID-19

Politicians debate granting legal immunity to businesses where COVID-19 spreads. In the absence of statutory immunity, a business is liable for damages it causes through its negligence. That is a very low standard of care. It means if there is carelessness, there is liability. Certainly, if the business owner knowingly allows an infected person to come back to work, and that person infects…

Supreme Court Expands LGBTQ Rights

You may be wondering why Neil Gorsuch, a Conservative Supreme Court justice, wrote the majority opinion in this week’s landmark ruling for LGBTQ rights. The Supreme Court has rules that dictate which justice writes for the majority. The most senior justice voting in the majority makes the assignment, and can assign the responsibility to him- or herself. If the chief justice (Justice Roberts)…

Sovereign Immunity

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong.

Not until 1946 did Congress begin carving out exceptions to this rule as it pertains to injury claims. The Tort Claims Act waived sovereign immunity for certain categories of injuries caused by the United States or Federa…

The Law of Defamation

Negotiating Those Pesky Health Insurance Liens

NEGOTIATING STRATEGIES TO LIEN ON
When it comes to negotiating those pesky health insurance liens, don’t despair. Rejoice! These liens add value to your case. And handled properly, you can maximize both your fee and your client’s bottom line. Timing and tactics are the keys to unlocking this knotty task.

When is the best time to start the negotiation with the lien holder/collection…

Insurance Adjusters are People Too

An adjuster suggested that my case was worth only “nuisance value”. That means, he was willing to pay the cost to defend the case (maybe $5,000), but no more. I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife. The adjuster chuckled.

I try to approach my communications with insurance companies and their…

Distracted Driving and the Philadelphia Amtrak Train Derailment

Distracted Driving and the Philadelphia Amtrak Train Derailment

In what might be described as the ultimate distracted driving case, eight people lost their lives and nearly 200 more were injured as a result of the worst American rail disaster in decades. The Amtrak train that derailed in Philadelphia on May 12, 2015 carried 258 people, including eight Amtrak employees. The train, including a…

U.S. House to Vote Tomorrow on Capping Non-Economic Damages and Limiting Contingency Fees

The so-called “Protecting Access to Care Act of 2017” is coming to a floor vote tomorrow. I am asking my readers to contact their congressperson and ask that they vote “NO” to this legislation.

If this bill becomes law, it would limit damages for pain and suffering to $250,000 for anyone who receives medical care “provided in whole or in part via a federal program, subsidy or tax…

Donald Trump and Tort Reform

Check out my latest…

Surveillance Cameras in Personal Injury Litigation

Southeastern Pennsylvania Transportation Authority is crediting new cameras on its vehicles for dramatically reducing its lawsuit payouts. It claims these videos have produced $26 million in unbudgeted savings.

This video evidence undoubtedly refutes bogus injury claims. A teenage girl claimed that a SEPTA driver injured her while ejecting her and her bike from a SEPTA trolley. I contacted…

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