Category

Proving Damage Claims

Initial Battles After the Filing of a Personal Injury Lawsuit

POST-FILING BATTLES

Now that the lawsuit has been filed, what happens next? Sometimes the insurance company immediately makes a settlement offer. The lawsuit papers may be just the thing to get the insurance company’s attention. Often the case has not settled simply because the insurance company just has not gotten around to evaluating the case. Once it is served with the suit papers, it w…

Personal Injury Litigation and Correcting Erroneous Medical Reports

Some doctors are not very receptive to changing their records. They may take offense that a lawyer or litigant is asking them to change a record. As long as you are not asking the doctor to say something that is not true, there is nothing wrong with asking a doctor to amend a report. But the doctor may not see it that way. If the doctor will not amend the report, you are going to have to approac…

Personal Injury Litigation and Insurance Company Strategy

Insurance Company’s Strategy

The insurance companies often have a big bargaining advantage over you. The money rests in the company’s bank account or investments drawing interest throughout the case. Your lawyer needs to push the firm to release its grip on some of that money. You, on the other hand, may badly need the money to pay your bills and live your life. Or worse, your lawyer may need…

Settlement Demand Letters and Personal Injury Litigation

At the time you send the settlement demand letter, the insurance company is operating with incomplete information. You have selectively presented them with only the strongest aspects of your case. For example, if you were in an accident just a year before the accident case you are trying to currently settle, you might choose not to admit that fact in your settlement demand letter. You are not…

Increasing the Value of a Personal Injury Case

Medical Records and Treatment

Perhaps the best way to convince a judge, jury, or arbitration panel that an accident caused the injury is through proof of the plaintiffs condition before the accident. Although the plaintiffs own testimony that he or she was feeling fine before the accident is helpful, prior medical records are even more persuasive. Thus, if the plaintiffs medical records…

Food Poisoning Lawyer Discusses Food Poisoning Litigation

FOOD POISONING CASES

Food poisoning cases are difficult to pursue and usually settle for no more than nuisance value, a relatively small amount of money. Many personal injury lawyers refuse to take them. Because the lawyer is compensated only upon settlement, the relatively low value of most of these cases, along with the problems of proof, make them generally a poor investment of t…

Winning Your Personal Injury Claim-Best of Philadelphia

My book, Winning Your Personal Injury Claim is written for people who would represent themselves in injury litigation.  It is also for  people who would like to be better able to monitor their lawyer’s performance.  Call me at 610 642 7676 if you would like a free copy.  Here is an overview.
Overview of Winning Your Personal Injury Claim-4th Edition
The litigation of a personal injury claim…

Collecting Damages from an Uninsured Defendant

The operation was successful, but the patient died.  This is how a litigant feels after obtaining a judgment against an uninsured defendant from whom it is impossible to collect. When settling a personal injury claim with an insured defendant or a self-insured entity, such as a government entity or a wealthy company, the plaintiff usually receives the settlement check within two or thr…

Dram Shop Injury Lawyer Discusses Punitive Damages

 

Pennsylvania permits recovery of punitive damages by persons injured in automobile crashes.  Focht v. Rabada, 268 A.2d 157 (Pa. Super. 1970); McIntire v. Szczyrbak, 39 Pa.D&C.4th 190 (Pa.Com.Pl. 1998); Shelter v. Zeger, 4 Pa.D&C.4th 564 (Pa.Com.Pl. 1988); Long v. Ohler, 1 Pa.D&C.4th 102 (Pa.Com.Pl. 1988).  In Focht, the Superior Court held that “driving while under t…

A Pit Bull Lawyer Discusses Defenses to Dog Bite Claims

Defenses to Dog Bite Claims

The first line of defense is that the owner or handler had reasonable control of the dog. That is all the law requires. Recovery of damages will be a challenge if the owner had control.

Another common defense in dog bite cases is that the plaintiff harassed the dog in some way, provoking the attack. If, for example, a group of teenage boys were taunting and…

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