Brain Injury Attorney

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

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…

Tort Reform and the Candidates

Donald Trump has been extremely litigious over the years, which is not surprising since he is a businessman of great public notoriety. But he has expressed no views on tort reform. One could speculate that he might favor it given the lawsuits his hotels surely face from injured plaintiffs. He states that he doesn’t settle lawsuits. Institutional defendants often make this type of statement to…

Discovery Depositions: Everything You Need To Know

The discovery deposition is one of the most important stages in personal injury litigation. During the discovery deposition, the insurance company’s lawyer has an opportunity to question the injure plaintiff in person about the incident and the injuries. Similarly, at the defendant’s deposition, you are able to discover much about the insurance company’s version of what…

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