Proving Damage Claims

Real Property Exception Gets a Boost

Real Property Exception Gets a Boost

The Pennsylvania Supreme Court, in Brewington v. City of Philadelphia, clarified and gave a boost to the real property exception to governmental immunity. The Court upheld the Commonwealth Court’s reversal of a grant of summary judgment in a case involving the absence of padding in a school gymnasium. A student ran into the wall during a relay rac…

Novel Virus Leads to Novel Tsunami of Litigation

Novel Virus Leads to Novel Tsunami of Litigation

COVID-related losses have spawned a wave of litigation as consumers and injured parties seek compensation for their damages. Among the most frequent claims are consumer class actions against:

1. Gyms and sporting clubs that continue charging monthly dues and membership fees even though their doors are closed, and

2. Ski and other resorts…

The 10 Worst Litigation Mistakes

The 10 Worst Litigation Mistakes

1. Don’t try to make your case better than it is. If your injuries have healed to the point where you can go back, go back to work. Juries like people who want to work, even through pain. Juries don’t like malingerers or people who try to milk the system.

2. Don’t lie to anyone. That includes your lawyer, your doctor or the opposing lawyer or doctor.

Amtrak Derailment Disaster – Aidman Files Lawsuit

Click here for the story of the lawsuit I filed against…

Rick, The Ethical Ambulance Chaser?

Rick, The Ethical Ambulance Chaser?

I was approached this week by a man who had arrived at an accident scene before the police and the paramedics.  Let’s call him Rick Chaser.  Was Rick running cases to lawyers for money?  No.  He had a different and perfectly legal angle, albeit one that may strike you as just a bit edgy.

Rick has for the last 30 years made a living by documenting…

A Dram Shop Lawyer Success Story

Publisher: Philadelphia Daily News
Author: Not Given
Date: Thursday, January 30, 2003
Headline: $1.5M awarded to family of slain man Killed in 2000 by bartender at speakeasy

The family of a North Philadelphia man who was shot and killed inside a neighborhood speakeasy – the type of illegal establishment known for violence – has won a $1.5 million judgment against the bartender who killed…

Personal Injury Claims from Pit Bull Attacks

Dog bites frequently generate personal injury claims. In most states it is unlawful for an owner to fail to keep a dog confined on the owner’s premises or firmly secured by means of a collar and chain. Violation of the law resulting in a dog bite is strong evidence of negligence. In this situation, it is likely the plaintiff can recover damages from the dog’s owner or handler. In most cases,…

Personal Injury Claims for Intentional Action

Injuries that result from intentional action are litigated quite differently from those involving negligent conduct. Assaults (threats or uses of force that cause fear of harm) and batteries (using physical force to cause harm) are the most common intentional injuries. Auto accidents sometimes result from intentional conduct. The most important differences between negligence actions and lawsuits…

New Jersey Deemer Statute and the Lawsuit Threshold

Don’t Drive in New Jersey.

When you cross the bridge into New Jersey you may be giving up certain legal rights that you have paid for. I am referring to the unfettered right to sue for personal injuries. Even if you paid an extra premium to your auto insurer, when you cross into the Garden State, you most likely lose the coverage you paid for.

To illustrate, in Pennsylvania, when you…

Loss of Earning Capacity in Personal Injury Litigation

Perhaps a couple of examples will help to illustrate how rapidly economic losses can add up in personal injury litigation.

Example: John suffered a herniated disc in his neck and was laid off from his job due to his disability. He was 35 years old at the time of the accident. Even though he immediately found another position, he claimed losses in excess of $500,000. He arrived at his claim…

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