Philadelphia Top Injury Lawyer Blog

In a settlement approved by Philadelphia Common Please Judge Marlene Lachman earlier this month, a New Jersey carpenter was awarded $7.9 million in compensation for life-altering injuries suffered during a construction accident. Contingencies could push the award up to $8.1 million.

While working on exterior trim during construction of a multi-story residential retirement community in Delaware County, carpenter Victor Tavares fell three stories when a guardrail gave way. The fall left the 46-year-old man paralyzed from the lower back down. Tavares' legs were so severely disfigured in the construction accident that he had to undergo 12 surgeries in attempts to repair the most grievous damage to his limbs.

Philadelphia personal injury attorneys sued a group of defendants for nearly $7.2 million on behalf of Tavares and his family. Two rounds of settlement talks, the second mediated by Judge Lachman, led to a last-minute agreement between the parties just hours before jury selection was scheduled to begin.

Philadelphia personal injury construction accidents are complex to litigate. Construction site activities are managed and populated by myriad parties, including site owners, contractors, subcontractors, material suppliers and workers. When Philadelphia construction accidents occur, more than one party at the site often bears responsibility for conditions, materials or negligence that contributed to the accident.

Sorting out the level of responsibility of each party and coming to terms with each party's insurance carrier is a complicated and lengthy process. Considerable investigation may need to be performed to uncover critical facts about the accident. Industry, medical and accident reconstruction experts may need to be consulted. Insurance companies for each involved party have to be dealt with.

\When serious accidents occur on job sites, Philadelphia construction injury attorneys can pursue the accident victim's right to just compensation, allowing the accident victim to concentrate on recovery.

A popular Jamaican resort has settled a fatal personal injury accident case, agreeing to pay the family of Jarred Smith $6.5 million. Smith of Erie, Pennsylvania was killed in July 2006 while playing on an Aqua Jump water trampoline at the Beaches Sandy Bay hotel in Negril, Jamaica. Smith and his family were at the hotel to attend a wedding.

According to Ceola Smith, the young man's mother, Jarred was jumping on the water trampoline when he dove headfirst into the surrounding water. Although Aqua Jump instructions require 10 feet of water for safe use, the resort had situated the water trampoline in water that was only four to five feet deep. Jarred struck his head on the bottom of the seafloor which rendered him quadriplegic. Unable to move, the young man drowned.

Personal injury attorneys arguing wrongful death on behalf of Jarred's family argued that the resort had been negligent in failing to locate the water trampoline in accordance with safety instructions, failing to provide written instructions to guests concerning safe use of the water trampoline and failing to provide an appropriate flotation device which Jarred's mother believed would have saved her son's life. Attorneys for Sandals Resorts International countered by questioning whether the young man had actually struck his head on the seafloor and arguing that the trampoline was designed defectively.

This case points out the complex arguments involved when serious personal injury accidents occur and responsibility for horrendous injuries or death must be assigned. Striving to decrease their client's liability, attorneys for the resort questioned whether the young man's injuries and subsequent death were indeed caused by his dive off the trampoline. They also sought to defuse liability by charging the maker of the trampoline with defective design.

Personal injury accidents demand experienced and aggressive representation by skilled Philadelphia personal injury attorneys to ensure that personal injury accident victims and their families are compensated for their losses.

A jury awarded a New Jersey man $14.2 million in a motorcycle accident that killed his wife. In April 2007, George Elenbark, 40, and his wife Mary, 44, were cruising on their motorcycle when they collided with a car driven by 21-year-old Steven Evans. Evans, who has been celebrating his 21st birthday, turned directly into the motorcycle's path as he exited the parking lot of Rack's Bar and Grill on Route 30 in Alco, NJ. Evans fled the accident scene but was soon stopped by police. His blood alcohol level registered 0.10.

Both Elenbarks suffered severe personal injuries in the motorcycle accident. George had to undergo six surgeries to repair 13 fractures to his right foot, ankle and leg which were unsuccessful in fully repairing his crushed leg, leaving him partially disabled. Mary's suffered traumatic head injuries in the accident from which she died a week later. Personal injury attorneys for George and his wife's estate sued the drunken driver of the car and the bar and grill that served him alcohol to recover damages.

The New Jersey jury awarded damages for medical bills, damages for George's loss of function, damages for Mary's lost wages as the family's breadwinner and lost household services to her husband and child, and damages for the emotional suffering George was subjected to in witnessing the injury and suffering of his wife.

Because motorcyclists have a reputation for reckless driving and speeding, Philadelphia motorcycle accidents can be challenging to litigate. Experienced Philadelphia personal injury lawyers often call on accident reconstruction experts to demonstrate that the motorcyclist was driving safely and obeying traffic laws. If you are in a motorcycle accident, an expert Philadelphia personal injury attorney can protect your rights and work to obtain the compensation you are entitled to.

In a Pennsylvania medical malpractice suit, the family of a man who died of an esophageal rupture recovered $1.08 million. Michael Scarpa arrived at the Tyler Memorial Hospital emergency room in Wyoming County, Pennsylvania near Scranton with chest pains and severe vomiting. In the ER, the 55-year-old man was tested for infrapulmonary effusion, or fluid in the pulmonary cavity. ER physician Dr. Daniel Costner judged the tests negative and sent Scarpa home. Two days later, Scarpa collapsed and died. After Scarpa's death, investigation found that a second doctor had reviewed Scarpa's test results and believed they did show infrapulmonary effusion. The delayed diagnosis cost Scarpa his life.

Personal injury attorneys for the Scarpa family sued the hospital and doctors on a medical malpractice claim. Attorneys argued that Scarpa might have lived had physicians followed hospital policy on reading x-rays and inquired about Scarpa's previous esophageal surgery.

At the conclusion of the Pennsylvania medical malpractice trial, a jury found for the Scarpa family, awarding them $1.2 million. The court found the hospital and two doctors 90$ liable for Scarpa's death and Scarpa 10% liable for failing to reveal his prior esophageal surgery, reducing the award to $1.08 million.

Patients and their families suffer when doctors and hospitals fail to correctly diagnose diseases or injuries. In Philadelphia's backyard, the Scarpa family lost a father and husband because doctors failed to confer properly, delaying correct diagnosis until it was too late. Philadelphia medical malpractice suits are complex. Success can hang on easily overlooked critical information or testimony by trained medical experts. Philadelphia medical malpractice claims require expert investigation and evaluation by experienced Philadelphia personal injury attorneys who specialize in medical malpractice cases.