Monday, April 22, 2013

Pain and Your Brain

As a personal injury attorney, I have spent 32 years learning about pain and how to document it and help my clients to recover damages for their pain.  I have read countless reports written by expert medical witnesses hired to downplay or even dispute the pain of my clients, and I have taken countless depositions of those expert medical witnesses as they testify to downplay or even dispute the pain of my clients. 

This happens almost invariably in cases where there is no objective evidence (MRIs, x-rays, EMGs and other diagnostic tests) to corroborate the patient’s complaints of pain. Sometimes the treating physician can document muscle spasms; sometimes they do not. When there is no objective evidence, this provides the insurance companies who handle these claims with all sorts of ammunition to attempt to refute what is called subjective pain.   

Anyone who has known pain, knows you cannot see it...or can you?  The video link provided here is a fascinating new claim by scientists that they can see and measure pain on brain scans.  If only it were that easy. Even they admit that the scan is not to be used as a lie detector test. Still, it would help many cases if the pain could be somehow documented in cases where there is no objective evidence to corroborate the patient’s claim of pain.

You have rights....
I will protect them.  
Call 215-752-3732  for a free consultation

Wednesday, February 13, 2013

Do you have a Personal Injury Case?

Personal Injury:


There are so many ways you can be seriously injured by the negligence of another party. If you feel that is the case, you should call me to see if you have an action to pursue. This includes slip and falls, dog bites, construction accidents and any accident where you feel someone else caused your injuries by their negligence. Don't try to deal with insurance companies by yourself. Their goal is to reduce their losses, not to pay out on claims.

Even though you are careful, you can't control the behavior of others. Sometimes, the negligence of others can cause injuries. This can result in lost income and pain and suffering. This may be from an automobile accident, a slip and fall, medical malpractice or a product defect. Whatever the negligence, we will aggressively pursue your rights against the negligent party or parties. We will make sure that the necessary experts are consulted and the appropriate investigations are pursued.   

   The Elements of a Personal Injury Case

   To win a personal injury claim, you must be able to establish by the evidence that the defendant (negligent party) is responsible for your injuries.  The basic elements of negligence are as follows:

   Duty of care – First, the person must have a duty of care. The person, by their actions or inactions, must meet a certain standard of care established by law.

   Breach of duty – A breach of this duty happens when the person fails to meet the standard of care. Depending upon the facts of the case, this could mean a failure to warn the plaintiff of a danger, a failure to follow a statute, or a creating a danger for plaintiff.

   Causation – The defendant's action or inaction must be the direct or what is called the proximate cause of the plaintiff’s injuries.

  Damages in a Personal Injury Case

Damages are meant to compensate the injured plaintiff in an effort to make him or her whole.  There is no way to do this other than awarding money damages. They are considered compensatory in nature. In Pennsylvania different types of damages include pain and suffering, both physical and emotional, loss of wages, past and future, medical treatment, past and future, medical expenses, past and future, loss of consortium, loss of quality of life, embarrassment and humiliation and disfigurement.

In some cases, punitive damages are allowed where the defendant is being punished for misconduct, which must be shocking or grossly negligent, or sometime intentional.

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Monday, January 21, 2013

Finding the right personal injury attorney

If your or a loved one has been injured due to the fault of another person it is important to seek out legal assistance to know your rights to be fairly compensated. A Pennsylvania personal injury attorney can help someone that has been injured due to negligence of another person or establishment. A personal injury attorney can help relieve the stress of the legal battle which may be ahead if you need to sue someone to help pay for medical bills or for general compensation if you are entitled to that money.

To find the best auto accident attorney Pennsylvania has to offer you must do a little research. Be sure to find someone who has a history dealing with similar auto accidents as the one that you or your loved one has been through. The best car accident attorney Pennsylvania has to offer will help guide you through your legal options when trying to get awarded the funds you deserve from whoever is at fault in your accident. There are hundreds of car accidents every day, and many drivers at fault are not insured or else it may be difficult to determine fault in the accident.

An auto accident attorney can lay out your options for you when taking legal action. Our office does not charge unless we recover for you, and will just take a percentage of the winnings after the case is over. Try to find an attorney who has a history of settling cases out of court and has the ability to receive a fair award for his or her clients, but who is not afraid to go to court if that is what is necessary. Feel free to call me with any questions you may have at 215-752-3732.

 "I will come to you if you are injured."