December 2009 Archives

December 30, 2009

Philadelphians Should Beware Risk of Personal Injury Head Trauma Accidents on Ski Slopes

With just a few precious days of school vacation left, many Philadelphia families are headed for one of several excellent Pennsylvania ski areas located just a few hours' drive from Philadelphia. Exhilarating and fun, skiing and snowboarding can also be dangerous, sometimes fatal. Philadelphia residents should be aware that skiing and snowboarding accidents result in serious personal injury accidents every winter and should take appropriate precautions to protect themselves and their children.

The world was shocked last winter when British actress Natasha Richardson died from what appeared to be a minor head injury suffered when she fell during a ski lesson on the beginner's slope at a Quebec ski resort. Initially, Richardson appeared to be fine, joked about her fall and declined the ski patrol's recommendation that she see a doctor. Only an hour later Richardson began to feel unwell and was rushed to the local hospital where her health deteriorated rapidly. She was transferred to a major Canadian hospital, then flown to New York City's Lenox Hill Hospital where she died just two days after being injured. Survived by husband, actor Liam Neeson, and their two boys, aged 12 and 13, Richardson was just 45.

Although ruled a freak accident, head blows, even those too mild to cause a concussion, can result in serious internal trauma, say Philadelphia experts. Richardson died from an epidural hematoma caused when she bumped her head during her fall. Richardson was not wearing a ski helmet when she fell although the resort is now considering requiring helmets to prevent personal injury. Richardson's tragic death should serve as a warning to Philadelphia parents headed to the slopes this weekend. Even head traumas that appear to be mild can have life threatening consequences. If you or your child is injured skiing or snowboarding, an experienced Philadelphia personal injury attorney can determine if you are entitled to compensation.

December 28, 2009

Philadelphia Defective Product Suit Can Help Remove Dangerous Toys from Shelves

Los Angeles toy importer OKK Trading Inc. has recalled 22,000 toy dart-gun sets following the tragic choking death of an 8-year-old boy in Texas. The young boy died in November 2007 when one of the darts became lodged in his throat. The Consumer Product Safety Commission recently warned parents that children can choke on the soft plastic darts included with the Action Team toy dart gun. Philadelphia parents who may have purchased the Action Team toy dart gun as a holiday gift for their child should remove it from the child's reach immediately and consult the Consumer Product Safety Commission website.

Death and personal injury caused by defective toys make for tragic Philadelphia news headlines every year. The sheer volume of toys given and opened during the December holidays makes it more likely that defects in toy products will be discovered by playing children this month. It is particularly tragic that despite American consumer product laws specifically directed at protecting our children from dangerous toys, every year poorly constructed toys endanger Philadelphia children.

Part of the problem is the length of time it takes to identify and remove dangerous toys from Philadelphia store shelves. For example, the 8-year-old Texas boy choked to death on an Action Team toy dart in November 2007, but it took two more years for the Consumer Product Safety Commission to issue a warning and for the import firm to recall the toy. How many more children were placed at risk in those two years? Too often the injury or death of a child is the impetus that removes an unsafe product from store shelves or keeps dangerous toys out of the innocent hands of Philadelphia children. It is when parents of an injured child hire Philadelphia personal injury lawyers to bring a defective product suit that manufacturers and importers are forced to remove defective products from the market.

December 25, 2009

Philadelphia Truck Accident Kills Young Girl

Just before Christmas a 12-year-old girl was killed when the car she was riding in was rear-ended by a box truck in Port Richmond. The force of the crash ejected the girl from the car and she died instantly. The other occupants of the car, the girls' parents and 4-year-old brother, were taken to the hospital with injuries that were not life threatening. The truck driver was not injuried.

So often, that's the tragic result when a small car and heavy-duty truck collide in Philadelphia. Passenger cars designed to crumple to protect their occupants are no match for the force, weight and stronger construction of larger trucks. Unfortunately, designs that are efficient for hauling cargo can create dangerous conditions when inattention, weather issues, unpredictable drivers or unexpected circumstances pit trucks against cars. Truck designs may obscure the Philadelphia truck driver's visibility. Greater weight, higher center of gravity, taller bumpers and a host of other factors can affect not only the truck's stability and maneuverability, but the driver's ability to control the vehicle in an accident situation.

In a Philadelphia truck accident last January, a tractor-trailer with faulty brakes rear-ended a car on the Schuylkill Expressway killing the car's driver and seriously injuring a passenger. Just recently resolved in court, the Philadelphia truck owner in that case pleaded guilty to vehicular homicide, admitting gross negligence in placing a faulty vehicle on the road. Expert investigation led authorities to also charge both the truck driver and truck mechanic for their parts in failing to properly inspect and report maintainance problems with the vehicle. All three Philadelphia men now await sentencing that can include up to 7 years in jail and serious fines.

Expert investigation, knowledge of the trucking industry and legal tenacity are often required to discover the truth in personal injury cases involving Philadelphia truck accidents.

December 23, 2009

Snow Storm Increases Risk of Philadelphia Slip and Fall Injuries

In a single day last weekend, a whole winter's worth of snow fell on Philadelphia. The early winter storm that howled up the East Coast dumped 22.5 inches of snow on Philadelphia, beating the city's 20-inch average winter snowfall total. Still digging out of the drifts, the city is in the path of a new storm that could make driving and walking in Philadelphia even more treacherous. Meteorologists are predicting a wet Christmas Eve storm that could begin as early as tonight, coating roads and sidewalks with ice and turning Philadelphia into a slip and fall obstacle course.

Philadelphia pedestrians are already dodging icy runoff trickling across parking lots from melting stacks of snow. Roof melt flowing through downspouts and across sidewalks and driveways is also creating dangerous slip and fall hazards at Philadelphia businesses and homes. Called "black ice," these thin sheens of nearly invisible ice can make parking lots and sidewalks dangerously treacherous for pedestrians. A single wrong step and your feet can fly out from under you, sending you crashing to the ground. It's the kind of Philadelphia slip and fall accident that can result in a broken leg, broken wrist, broken hip or much worse.

Winter storms can turn Philadelphia's sidewalks and parking areas into a veritable obstacle course of slip and fall hazards. Philadelphia personal injury lawyers are bracing for another batch of slip and fall accident cases if the predicted storm hits as shoppers hurry to get ready for Christmas. Philadelphia personal injury attorneys warn that property owners may not be liable for slip and fall injuries. Investigation must prove that the condition that caused the injury was actually dangerous. Property owner awareness of the hazard and whether the accident could have been avoided are also factors. Philadelphia personal injury lawyers recommend that slip and fall victims immediately report the incident to the property owner and contact a Philadelphia personal injury lawyer about their rights.

December 21, 2009

Philadelphia Car Accidents Increase in Path of Fierce Winter Storm

Philadelphia residents are still digging their way out of the record-breaking snowfall that blanketed the Eastern Seaboard from the Carolina's into New England this past weekend. Meteorologists report that 23.2 inches of snow fell on Philadelphia. With meteorologists predicting a Christmas Day rainstorm, already treacherous Philadelphia roadway conditions are expected to become even more hazardous. Worsening road conditions could expose Philadelphia residents to an even greater risk of personal injury related car accidents and truck accidents.

The 30-hour winter storm caused whiteout conditions on many roadways as winds gusted up to 60 mph. Motorists were sent skidding across roadways and car accidents were numerous in the Philadelphia area, Motorists in Virginia were stranded for hours on snow-choked highways before emergency crews arrived to dig them out. Seven people in three states died as a result of the storm, including a snowmobiler who crashed head-first into a horse-drawn buggy in Pennsylvania's Amish country west of Philadelphia.

As the Philadelphia region digs out today, slippery road conditions and black ice from melting snow will make driving conditions extremely dangerous. Many Philadelphia streets were still unplowed this morning. Philadelphia motorists are being urged to exercise extreme caution and expect traffic delays.

When severe weather is a factor in serious Philadelphia car accidents and truck accidents, the facts of the accident can be obscured by slow response times by overworked emergency crews coupled with the physical difficulty of reaching snowed-in accident scenes. A thorough investigation may have to be conducted by a skilled Philadelphia personal injury lawyer to uncover the facts and determine an event timeline for the car or truck accident. Serious personal injuries like bone fractures, spinal injuries and head trauma can have life-changing consequences. A Philadelphia personal injury attorney has the legal knowledge and professional expertise to pursue your claim and obtain the largest settlement possible

December 18, 2009

Families Visiting Philadelphia Nursing Homes Should Watch for Signs of Abuse

Few American families live near each other any more. Jobs and opportunities often spread family members from coast to coast. In another era an aged family member who became ill, disabled or unable to care for herself would move in with another family member in the neighborhood. Today's far-flung families simply don't make that a viable option for many Philadelphia families. Complicating matters may be the older person's desire to remain in Philadelphia. As people age, they find comfort in familiar places and old friends. For many aged adults and their families, Philadelphia nursing homes provide the most acceptable care option.

Nursing home patient advocates have found that Philadelphia nursing home patients who are visited regularly by family members receive the best nursing home care. Regular visits allow family members to monitor patient care issues, notice changes in care or behavior and advocate for their family member when necessary. While many family members do not live close enough to regularly visit their relatives in Philadelphia nursing homes, even the most far-flung families generally gather for the holidays. Holiday visits offer an excellent opportunity to check up on family members living in nursing homes and ensure that they are receiving quality care.

Behavioral changes, bruises, bed sores, broken bones, reports of falls, weight changes, confusion, complaints or fear of staff can be signs of serious nursing home abuse, patient advocates warn. Since some of these changes can also be a normal part of the aging process or signs of developing dementia or Alzheimer's disease, thorough investigation by a Philadelphia personal injury lawyer experienced in nursing home abuse may be necessary to determine whether nursing home abuse has occurred and the extent of possible abuse. For more detailed information on signs of Philadelphia nursing home abuse to watch for, click here.

December 16, 2009

How Do Accident Victims Pay for Philadelphia Personal Injury Lawyer?

If you're the victim of a Philadelphia accident or injury, your first priority is dealing with your medical condition and the changes and issues it is creating in your life. Victims of serious Philadelphia accidents -- whether caused by a car accident, slip and fall in a store parking lot or the result of a work-related construction accident -- must focus first on the critical or debilitating personal health issues they face. As they recover in a hospital Philadelphia accident victims worry about their families: How will we pay the bills? Can we still make the mortgage payment? Who is taking care of the children? When will I be able to go back to work? Will I still be able to do my job? How will I pay my medical bills?

As a Philadelphia accident victim moves through recovery and often lengthy rehabilitation, he is consumed with regaining his strength and mobility, retraining his body, reassuring his family, finding a way to pay medical and household bills, and keeping his job. In the first critical days of an injury when it is vital to investigate the cause of the accident and gather important information and witness testimony while it is fresh, the accident victim has neither time nor energy to cope with the important legal affairs that can potentially impact both his physical and financial recovery.

Philadelphia personal injury lawyers are dedicated to helping accident victims. An experienced Philadelphia personal injury attorney will conduct the necessary investigations and witness interviews to ascertain the details surrounding your accident. A skilled Philadelphia personal injury lawyer will prepare to take your claim to trial to ensure that you receive the largest settlement possible, assuring your family's financial security after your accident. Philadelphia personal injury lawyers are reimbursed through a contingency fee if recovery is made. You pay no out-of-pocket fees which allows you to concentrate your resources on your recovery.

December 14, 2009

Philadelphia Jury Finds Against Drug Maker in Medical Malpractice Suit

Since introducing the antidepressant Paxil in 1993, British drug maker GlaxoSmithKline has paid nearly $1 billion to settle lawsuits, including $390 million for 450 suicides or suicide attempts connected to the drug and $200 million for Paxil addiction and birth defect cases. In October a Philadelphia jury awarded $2.5 million to Lyam Kilker's family. The 3-year-old boy was born with a heart defect caused when his mother took Paxil during her pregnancy. The Philadelphia personal injury verdict is expected to provoke additional Philadelphia medical malpractice birth defect suits against the beleaguered drug giant. Drug industry watchers have reported that mounting legal fees and award costs have forced GlaxoSmithKline to reduce its insurance coverage and shoulder greater liability for future legal suits in an attempt to contain costs.

Paxil is unusual in that it exhibits three significant medical problems -- suicide, birth defects and addiction. During its peak use in 2002, Paxil sales in the U.S. were $2.12 billion. Sales of Paxil have plummeted as personal injury cases have increased. U.S. sales of Paxil this year have been only $52 million through September. So far Paxil has settled 10 birth defect suits like the Philadelphia medical malpractice case. While GlaxoSmithKline has repeatedly denied or minimized its liability, the drug company has paid to settle numerous personal injury and medical malpractice law suits spurred by the adverse affects of Paxil. In 2005, the company agreed to add a suicide risk warning to Paxil medication boxes.

While Paxil may be unique in the breadth of its medical complications, it is only one of a growing number of new drugs that appear to pass initial testing protocols but over years of use are found to cause severe and often life-threatening medical problems. An experienced Philadelphia medical malpractice attorney has the expertise and knowledge to research Philadelphia personal injury claims that result from prescription and over-the-counter drug use and determine whether medical malpractice has occurred.

December 11, 2009

Investigation by Philadelphia Medical Malpractice Lawyer Key to Successful Litigation

The Western Pennsylvania woman never expected her 20th birthday celebration to end with the partial amputation of both her legs. It's a story to give you nightmares. Too much partying caused a young Uniontown, PA woman to drink herself unconscious while celebrating her 20th birthday with friends. The woman passed out with her legs tucked under her for some hours. She was taken to a Pittsburg hospital emergency room where doctors amputated both legs at the knee. Press reports said the woman has filed a malpractice suit against the hospital charging that her condition was not properly diagnosed and that hospital staff failed to make sufficient effort to restore circulation to her legs before amputating them. The hospital has declined to speak to the press.

This incident points out the potential difficulties of litigating medical malpractice claims in Pittsburgh, Philadelphia or any city in Pennsylvania. You can certainly identify with the young woman's anguish and anger at suffering such a horrific life-altering change, especially at such a young age. Proving whether or not medical malpractice occurred, however, takes astute investigation by an experienced Philadelphia medical malpractice attorney and his expert investigative staff.

Philadelphia medical malpractice occurs when a patient is injured as a result of a doctor's incorrect diagnosis or improper treatment of that patient's medical condition. Failure by Philadelphia physicians, Philadelphia hospitals or Philadelphia medical personnel to perform specific tests in order to make a complete and thorough patient evaluation, failure to prescribe a certain type of medication or failure to perform certain medical procedures are some of the issues that must be investigated to determine whether medical malpractice has occurred. Not every Philadelphia patient injury is the result of medical malpractice. Sometimes medical error is clearly evident, but in most cases complex medical issues must be carefully evaluated by Philadelphia personal injury lawyers with an expertise in Philadelphia medical malpractice litigation before it is possible to determine whether medical malpractice occurred.

December 9, 2009

Rise in Personal Injury Accidents Expected as Philadelphia Braces for Fierce Winter Storm

It should be a pleasantly balmy, if breezy, 54 degrees in Philadelphia today. Enjoy it now because tonight the full force of winter will blow into Philadelphia as the fierce winter storm that has hammered the nation blankets the city. Daytime Philadelphia temperatures are expected to drop nearly 20 degrees by tomorrow morning with overnight temps below freezing for the next week. Rain mixed with snow and sleet could make driving conditions around Philadelphia extremely dangerous. Powerful wind gusts over 40 mph could make walking on rain and ice-slicked pavements extremely treacherous and lead to numerous slip and fall accidents.

The storm that's about to descend on Philadelphia has wrought havoc and hundreds of personal injury accidents across the country. Torrential rains caused mud slides in California. Winds over 100 mph ripped roofs off buildings in New Mexico. Fifteen-foot snow drifts immobilized Iowa and Illinois. Southern states are bracing for flooding and tornadoes. Downed power lines, subzero wind chills, power outages, flight delays, falling tree limbs, jackknifed trucks and hundreds of car accidents litter the storm's aftermath. At least four deaths have been attributed to the storm.

When winter storms bring freezing rain, ice and snow to Philadelphia, personal injury accidents and car accidents rise. Unshoveled walks and iced over parking lot puddles create dangerous slip and fall hazards for Philadelphia pedestrians. Black ice on snowy roadways can cause trucks to jackknife and cars to lose control increasing car accidents and truck accidents. When temperatures drop, defective heating products can cause fires in Philadelphia homes. A Philadelphia personal injury lawyer can assist you if you slip and fall. Philadelphia accident lawyers can protect your rights in a car accident. A Philadelphia personal injury attorney experienced in fire and defective product claims can assist you if heating equipment fails. If you become a victim of the coming storm, seek the advice of an experienced Philadelphia personal injury attorney immediately.

December 7, 2009

Philadelphia Accident Attorney Can Help Construction Accident Victims

If you work in Philadelphia's construction industry, you could have a one in 10 annual chance of suffering an accident that results in a serious injury. More than 135,350 construction-related accidents were reported to the National Institute for Occupational Safety & Health (NIOSH) in 2007, 1,178 of them fatal. The majority of injured workers were in their prime earning years between the ages of 25 and 34. The bulk of the construction injuries reported were to the back or truck with leg and arm injuries being the next most numerous. The average length of time injured Philadelphia construction workers were off the job was a minimum of 31 days. The greatest number of injuries resulted from falls or injurious contact with construction equipment.

Despite safety rules and regulations, construction work is among the most dangerous jobs. Hundreds of Philadelphia construction workers are injured every year and, tragically, some die each year in Philadelphia construction accidents. Workers' compensation and insurance benefits can be complex and take time to collect. Often cause and responsibility for the accident affect who pays. Decisions about who pays for an accident can get bogged down in complicated job contracts and subcontracts, leaving the ailing construction worker and his family without the resources they need to pay medical and household bills. When Philadelphia construction accidents result in disability or loss of life, benefits may not begin to cover the individual or his family's loss.

A Philadelphia personal injury lawyer experienced in investigating construction accident claims may be the only way to protect yourself and your family. A highly experienced and knowledgeable Philadelphia construction accident attorney with years of practical experience in Philadelphia courts has the best opportunity of discovering information vital to your case.

December 4, 2009

Philadelphia Personal Injury Attorney Can Protect Your Rights in a Car Accident

What happens when a serious car accident tears apart your family's life as it did for the Philadelphia families of the young teens critically injured on their way home from school last week (see our December 2 post)? While you wait in the emergency room while doctors work to save your child's life, while you sit miserably by your child's bedside praying that he'll recover, while you worry about the mounting hospital bills, your job and your other children waiting at home, who picks up the pieces and makes sure your rights and your injured child's rights are protected? That is the job of Philadelphia personal injury lawyers and experienced Philadelphia accident attorneys.

Even when Philadelphia car accidents receive a lot of press attention and the liability seems clear as it does in last week's horrific Philadelphia car accident, proving legal fault in a personal injury claim can be problematic. Inaccurate or incomplete police reports and conflicting witness statements can complicate car accident cases. A skilled Philadelphia personal injury attorney will hire investigators to take photographs of the car accident site and damage, interview and obtain statements from witnesses and may even retain engineering experts to reconstruct the accident.

Whether you purchased full tort or limited tort auto insurance and uninsured or under insured motorists can further complicate the Philadelphia personal injury claims process. While you are worrying about your child's survival and the difficulties of recovery and rehabilitation, insurance companies' demands for proof of fault or other issues may prevent the payout of funds you are counting on to pay medical bills and help your child through recovery. An experienced Philadelphia accident lawyer can attend to these issues for you so that you can focus on what's most important -- your child.

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December 2, 2009

Philadelphia Car Accident Leaves 3 Teens Fighting for Life

It was a tragic start to what should have been a carefree holiday. Three Philadelphia teens were waiting with their friends to cross the street outside their school last Wednesday. On their way home to begin the Thanksgiving holiday, the teens were joshing with their buddies one minute and bleeding on the pavement the next. A speeding car driven by Philadelphia woman Dawn Snell ran a red light on Marshall Road. Snell lost control of her car, plowing into a group of boys and hitting three of them before careening into a parked car. The force of the impact pushed the parked car 15 feet.

One of the boys was knocked out of his shoes. Another boy's body smashed the car's windshield. All three teenagers were rushed to Philadelphia hospitals in "extremely critical" condition where they remain today. All of the boys are suffering from serious head wounds, multiple facial fractures and pelvic injuries. One young man suffered a serious wound to one lung. Two boys have had surgery to relieve pressure on their brains. One teen with a fractured skill and lacerated pancreas remains in a medically induced coma and is on a respirator.

The long-term consequences of the auto accident may be severe, even tragic. Traumatic head injuries can cause permanent brain damage and at least one of the young men may not survive his injuries. Upper Darby Police Superintendent Michael Chitwood told reporters, the boys "are going to be in the hospital for a long time."

Snell was arrested and is being held in the Delaware County Jail on $1 million bail. Witnesses told police Snell had tried to leave the scene after the Philadelphia auto accident. The Philadelphia woman was charged with aggravated assault, assault, reckless driving, leaving the scene of an accident and multiple other traffic violations.

If you or someone you love are the victim of a Philadelphia car accident, seek the help of an experienced Philadelphia accident lawyer.