Pennsylvania Personal Injury Lawyer

For a free consultation, contact Edelstein Martin & Nelson Attorneys. In Pennsylvania, we handle all types of personal injury lawsuits. Call 888-208-1810 for the maximum compensation you deserve.

Personal injuries happen anytime someone gets hurt due to the negligence or otherwise reckless behavior of another person or business. A car accident, dog bite, slip and fall, or workplace injury could all fall under the umbrella of personal injury law. When your injury was caused by someone else, you have the right under Pennsylvania law to seek compensation for the expenses and damages you have incurred.

At the Law Office of Edelstein Martin & Nelson, we proudly offer the best legal support and representation possible at our Philadelphia personal injury law firm. Our dedicated Pennsylvania personal injury attorneys have extensive experience handling personal injury claims, including car accidents, medical negligence, slip and falls, wrongful deaths, and much more.

Our attorneys are committed to helping those suffering injustices obtain justice, using our knowledge and resources to fight for them. Our proven track record of winning millions of dollars in verdicts and settlements proves our “client-first” approach to legal representation. We have achieved many favorable outcomes for clients in the Greater Philadelphia region.

Our Philadelphia personal injury lawyers understand the many complexities of personal injury law. We are prepared to guide and protect your rights at every stage. We are here to fight to get you the full and fair compensation needed for your recovery.

We have secured six-figure and multi-million dollar settlements and verdicts for our clients in the following practice areas:

Product Liability

Product liability is an area of personal injury law that holds manufacturers, suppliers, and sellers accountable for injuries or damage caused by a defective product. The National Safety Council cites over 11.5 million ER visits in 2021 resulted from consumer products. The top culprits for these incidents include stairs, mattresses, and chairs.

The most common injuries caused by products are cuts and bruises, followed by strains and sprains, fractures, and burns. According to the Insurance Information Institute, the average jury award for a product liability lawsuit is $3.9 million to $7 million.

When you know the legalities surrounding faulty products, you can take informed action and safeguard yourself from being taken advantage of by manufacturers, distributors, or retailers. This legal process can involve exploring remedies such as filing a product liability lawsuit, seeking a settlement, or engaging in alternative dispute resolution methods.

What Are the Different Types of Product Liability Injury Cases?

  • Manufacturing Defects: This occurs when a product has a flaw due to faulty manufacturing, making it unfit for use. Examples of manufacturing defects include defective brakes in a car or a contaminated batch of medication.
  • Design Defects: A product can be dangerous by design even if it is manufactured correctly. Examples of this defect include a car prone to rolling over, or a toy with small pieces that are a choking hazard for children.
  • Failure to Warn: A product can be dangerous when used in specific ways. When this is the case, the manufacturer must provide adequate instructions or warnings to protect consumers. In many cases, failure to warn involves products such as prescription medication. For example, a lack of information on side effects or drug interaction could cause serious health complications.

Understanding Product Liability Law

Pennsylvania’s leading theories of liability are negligence, strict liability, and breach of warranty. Knowledge of these concepts can help accident victims identify who may be responsible for their injuries and what legal recourse they have for pursuing full and fair compensation.

  • Negligence: To prove negligence, an injured party must demonstrate the manufacturer, seller, or distributor failed to use reasonable care when designing, producing, or distributing the product. As a result, this failure led to a serious injury.

Here’s an example: A person purchases a hair dryer from a store. If a hair dryer explodes while it’s being used and causes burns due to substandard materials and a manufacturer’s lack of proper safety tests, the injured person could file a product liability lawsuit against the manufacturer for negligence.

  • Strict liability: Manufacturers and sellers are liable for injuries caused by their products, regardless of their intention or negligence. The legal focus is on the defective product, and the plaintiff needs to show that the defect caused their injury without proving the manufacturer or seller’s fault or negligence.

Here’s an example: A person buys a new lawn mower and uses it for the first time. While using the lawn mower, a piece of metal flies off the mower and cuts the person’s leg. If the lawn mower was defective and caused the injury, the manufacturer or seller could be held strictly liable for damages, regardless of their actions in the manufacturing and selling process.

  • Breach of warranty: The injured party must prove that the seller or manufacturer breached an express or implied warranty, such as guaranteeing that the product is suitable for a specific use or is free of defects.

Here’s an example: a person purchases a new bicycle from a sporting goods store. The bicycle has an express warranty from the manufacturer that it is safe to ride and free from defects. However, during the first ride, the handlebars suddenly detach from the frame, causing the rider to fall and suffer a broken arm.

More about Defective Products

Defective products are capable of causing serious injuries and even death, affecting lives affected in unimaginable manners. As a result, product recalls have become a common practice. The most frequent recalls involve clothing, sports equipment, food products, and consumer electronics. For instance, the Food Safety and Inspection Services reported that companies recalled roughly 27 million pounds of food items in 2022.

Understanding Pennsylvania Defective Product Laws

In Pennsylvania, the legal system takes defective product cases seriously with a strict liability standard. In other words, manufacturers or sellers of products can be held responsible for any harm caused, regardless of whether they were at fault during production or distribution. This standard applies to various cases, such as design flaws, failure to warn, or manufacturing defects.

However, it’s important to note that Pennsylvania also follows a modified comparative negligence rule. This legal concept means that if you were partially at fault for the accident, a judge or jury could lower your award accordingly.

If the court finds you are more than 50 percent responsible for the incident, you may not be able to receive maximum compensation for damages. Seek guidance from a knowledgeable Pennsylvania defective products lawyer to determine the most appropriate legal action for your case.

What To Do If a Defective Product Injures You

If you suffer a personal injury as a result of a defective product, follow these steps:

  1. Seek medical care: Seeking medical attention immediately after the accident is your top priority. Even if the injury seems minor, get a medical evaluation to determine the extent of the injury and to receive prompt treatment. Also, your medical records document the extent and severity of the injury and can serve as evidence in a personal injury lawsuit.
  2. Save the product, packaging, and documentation: These items prove that the product was defective and caused you physical harm. The product itself is the primary evidence in a product liability case. Keeping the defective product allows an expert to examine it and determine what caused the defect. The packaging and documentation can also provide important information about the product’s manufacture, design, warnings, and safety instructions.
  3. Photograph the accident scene: By taking photographs or videos of the accident scene, you can capture vital information such as the condition of the product, the location of the incident, and any injuries or damages caused by the defective product. This evidence can support a claim against the manufacturer or seller, showing that the product was defective and caused your injury.
  4. Consult a lawyer: An attorney can be your best advocate, especially when dealing with an insurance company or large corporation. A Pennsylvania product liability lawyer with experience helps you make sense of the legal process while protecting your rights and recovering the maximum payout you deserve.
  5. Maintain a record of your injuries: Include any costs related to the injury, such as medical expenses, lost wages, or damaged property. This information helps determine your claim’s worth.

Car Accidents

The Pennsylvania Turnpike, a toll highway that spans over 550 miles, is one of the oldest and longest toll roads in the United States. That long stretch of roadway is ripe for car collisions, from minor scrapes and dents to life-threatening accidents. According to the Pennsylvania Department of Transportation, there were over 119,000 reported traffic crashes in Pennsylvania in 2021. These crashes resulted in 1,230 deaths and 76,153 injuries. Here’s what you need to know about these roadway hazards.

Car Accident Collisions and the Injuries They Cause

  • Rear-end Collisions: These accidents happen when a vehicle collides into the rear of another. This is often caused by tailgating and distracted driving. Rear-end accidents can cause whiplash, brain injury, and back injuries.
  • Head-on Collisions: Head-on collisions involve two cars colliding directly with each other. They are the most serious type of car accident and can be fatal. These accidents can cause catastrophic injuries or deaths and are often caused by distracted driving or impaired driving.
  • T-Bone Accidents: Also called side-impact collisions or T-bones, these collisions occur when one vehicle collides with the side of another. These accidents can cause serious injuries, especially for passengers who are on the side that is affected. The most common causes are failure to yield and running red lights.
  • Hit-and-Run Accidents: A hit-and-run accident occurs when the driver at fault flees without giving any information or rendering assistance. Accident victims can struggle to determine the at-fault driver and obtain maximum compensation.

Understanding Pennsylvania Car Accident Laws

Pennsylvania has a no-fault insurance system. This means that your insurance will cover any medical costs and lost wages you incur after an accident, regardless of who is at fault. You can also file a claim if your injuries are serious or incur high medical costs.

Additionally, Pennsylvania has a modified comparative negligence rule. This means that if your accident is found to have been partially your fault, you may see a reduction in compensation. If you are found to be more than half responsible, damages cannot be recovered at all.

Here’s an example: Suppose a car accident occurred on Liberty Street, and the court determined that the total damages incurred were $100,000. The court found that the plaintiff (the person who filed the lawsuit) was 20 percent at fault for the accident because they were not wearing a seatbelt, while the defendant was 80 percent at fault for running a red light.

Under Pennsylvania’s modified comparative negligence rule, the plaintiff’s damages award would be reduced by 20 percent to account for their fault. So, the plaintiff could recover $80,000 in damages from the defendant ($100,000 minus 20 percent).

If the plaintiff were found to be 51 percent or more at fault, however, they would not be able to recover any damages from the defendant under Pennsylvania’s modified comparative negligence rule.

Steps to Take Following a Pennsylvania Car Accident

  1. Seek medical care immediately: Car accidents can cause physical injuries ranging from minor cuts and bruises to more serious injuries like broken bones, head trauma, or spinal cord damage. Sometimes, these injuries show symptoms right away and can worsen if left untreated. A medical professional can assess your condition, recommend necessary treatments, and document your injuries for insurance and legal purposes.
  2. Report the accident: Reporting a car accident is usually required and has several benefits. It ensures that injured parties receive medical attention, creates a record of the incident for legal purposes, and can facilitate the insurance claims process. Contact your local police station to file a report.
  3. Gather evidence. Collect all the information you can, including photos and videos of the accident site, your injuries, and any property damage. Collect the contact details of witnesses or fellow drivers at the scene.
  4. Contact a lawyer: A Pennsylvania personal injury lawyer can protect your legal rights and help you get maximum compensation for your injuries or damages from the accident. They can guide you through the legal system, file claims, and pursue your lawsuit. They investigate the accident, gather evidence, and interview witnesses to build a strong case. They can negotiate with insurance companies for a fair settlement for medical expenses, lost wages, and pain and suffering. Additionally, they can fight legal disputes over liability, insurance coverage, or the extent of injuries.
  5. Keep a list of all your expenses: A car accident can result in a wide range of expenses, from medical bills and car repairs to lost wages and other damages. Keeping a detailed list of all your expenses can help a Pennsylvania car accident lawyer accurately calculate the full extent of your losses and seek the appropriate compensation from the at-fault driver’s insurance company or through a personal injury lawsuit.

Catastrophic Injuries

A catastrophic injury is a severe injury that results in long-term or permanent disability, impairment, or disfigurement. A TBI is one of the most severe catastrophic accidents. The Pennsylvania Secretary of Health established the Traumatic Brain Injury (TBI) Advisory Board in August 2001. The 26-member Board offers advice and expert opinions to the Department of Health regarding the service and support needs of individuals with TBI.

Its mission also involves implementing services to aid these individuals and their families, who all face many challenges. The Board strives to ensure that the most effective and compassionate care is available to those with TBI, with the goal of improving their quality of life.

Here’s a closer look at TBIs and other life-changing injuries that can result from someone else’s negligence. A Pennsylvania catastrophic injury lawyer can represent you if you or someone close you has suffered the following:

Catastrophic Injury Cases

  • Traumatic Brain Injuries: TBIs can result from accidents like motor vehicle collisions and bad falls. TBIs occur when there is a sudden impact on the head, causing damage to the brain tissue. The severity of the injury depends on several factors, including the force of the impact and the location of the injury. Symptoms can range from headaches and dizziness to memory loss, difficulty concentrating, and impaired movement.
  • Spinal Cord Injury: Accidents causing damage to the spine can lead to partial or total paralysis. These injuries require extensive medical care, rehabilitation, and assistive devices. The cost of medical care and ongoing rehabilitation can add up quickly, and the emotional burden of adjusting to a new way of life can be immense. These changes can be difficult for accident victims and their family members.
  • Amputations: Accidents like workplace injuries, car crashes, or medical malpractice can cause amputations. Amputations can have a major impact on the ability of a person to work or engage in their daily activities. Amputees require ongoing medical attention and support, often over an extended period. Medical care, rehabilitation, and prosthetic devices can be costly, and the journey to recovery can be a physical and emotional drain.
  • Burns: Various incidents, including fires, explosions, or contact with toxic materials, can cause severe burns. Burn injuries can cause scarring and disfigurement depending on their severity and require multiple surgeries. Burn injuries are categorized based on severity, with first-degree burns being the mildest and third-degree burns being the most severe. Fourth-degree burns may also occur, affecting the muscles and bones beneath the skin.
  • Multiple Fractures: A serious accident can result in fractures or crushed bones. These can be debilitating and may require extensive surgery and rehabilitation. In some cases, fractures or crushed bones can lead to permanent damage, chronic pain, or loss of function.

Trucking Accidents

A trucking accident involves a large commercial truck, such as a semi-truck or tractor-trailer, and another vehicle or object. These types of accidents can be extremely dangerous and often result in serious injuries or fatalities due to the size and weight of the trucks involved.

A fully-loaded semi-truck weighs 80,000 pounds, while the average car weighs between 2,500 and 4,200 pounds. This weight difference results in devastating car accidents, often resulting in serious injuries or even fatalities.

Additionally, the National Highway Traffic Safety Administration reports close to 5,000 individuals lost their lives in Pennsylvania due to large truck accidents in 2020. Over 75 percent of these fatal accidents occur during the weekdays between 6 a.m. and 6 p.m. If you’re injured in a semi-truck crash, A Pennsylvania trucking accident lawyer can help victims of commercial truck accidents get compensation for severe injuries and financial losses.

Different Types of Trucking Accident Injury Cases

  • Jackknife Accidents: A jackknife accident occurs when a truck trailer folds at a sharp angle and resembles a pocket knife. Accidents often occur due to sudden braking, equipment failure, or poor road conditions. The results are catastrophic for everyone involved.
  • Rollovers: These accidents occur when the truck’s center of gravity shifts and causes it to overturn. Speeding, sharp turning, and uneven road surfaces cause these devastating accidents.
  • Underride Accidents: A vehicle lodged under a truck’s trailer can cause serious injuries or even fatalities. These accidents can be caused by poor visibility, insufficient underride guards, or sudden stops.
  • Blind Spot Accidents: Due to their size, trucks have large blind spots where smaller vehicles are not visible. These dangerous areas are often the cause of collisions that can be devastating to unaware motorists.
  • Tire Blowouts: Tire blowouts can cause chaos on the road, leading to multi-vehicle accidents and serious injuries for innocent individuals.

Construction Accidents

Pennsylvania is home to several significant ongoing construction projects, such as the Pennsylvania Turnpike and the Liberty Bridge, a vital connection between the downtown area and the southern neighborhoods of Pittsburgh. Additionally, the state is known for its expertise in the construction of bridges, with many firms specializing in the design and construction of unique and complex bridge structures.

In terms of construction employment, Pennsylvania employed approximately 214,610 construction workers in May 2021, according to data from the Bureau of Labor Statistics. The construction industry continues to face high rates of fatal and nonfatal injuries and accidents among its workers. For example, roughly 20 percent of worker deaths in the US are in construction, but construction workers comprise only 6 percent of the US labor force. The most fatal accidents in the construction industry include the following:

Types of Construction Accident Injury Cases

  • Falling from Heights: Falls that defy gravity from ladders, scaffolding, or other elevated surfaces may cause severe injuries, including spinal cord damage, broken bones, and traumatic brain injury.
  • Trench Collapses: Workers are buried under a torrential flow of dirt and debris when unstable excavation sites give in. This incident can cause asphyxiation or crush injuries.
  • Electrocutions: Encounters with electrical currents that are live can cause electrocutions. This accident could result in severe burns or cardiac arrest. It may even lead to death for construction workers.
  • Machine Accidents: Heavy equipment, such as cranes and forklifts, can cause serious injuries or even death if not maintained or operated properly.
  • Struck by Objects: Falling materials, tools, or equipment can strike with devastating force and cause head injuries, lacerations, and fractures.
  • Fires and Explosions: The conflagration of fires and explosions on construction sites can stem from a myriad of sources, such as gas leaks or volatile chemicals. These harrowing ordeals can result in burns, respiratory damage, and post-traumatic stress disorder.

Employers and contractors are bound by stringent regulations, such as the Occupational Safety and Health Act (OSHA), which mandates a secure and healthful work environment. Breaching these obligations can render them liable for damages. If this occurs, a Pennsylvania construction accident lawyer should be consulted immediately to recover maximum compensation for anyone affected.

Medical Malpractice

Medical malpractice refers to situations where healthcare professionals or facilities fail to provide an acceptable standard of care, resulting in harming patients. Medical malpractice claims can take many forms, with some of the most common claims involving misdiagnosis, medication errors, surgical errors, and birth injuries. However, claims can also include issues such as failure to obtain informed consent or inadequate supervision of medical staff.

Factors that Give Rise to Medical Malpractice

Medical malpractice is a broad term encompassing many errors and oversights made by healthcare professionals. These categories describe the different types of medical negligence accidents that can lead to a personal injury suit:

  • A Misdiagnosis, or a Delayed Diagnosis: This is when a healthcare provider fails to diagnose a condition or identifies it incorrectly. This can cause the patient pain and even lead to death.
  • Surgical Errors: Mistakes made during surgery can lead to disastrous outcomes, including operating on the incorrect body part or leaving an object in the patient.
  • Anesthesia Mistakes: An anesthesiologist’s mistake can cause debilitating neurological damage or, in the worst case, death.
  • Medication Errors: Prescription or administration of incorrect medication, dosage, or drug combinations can lead to a variety of harmful side effects and even result in the death of a patient.
  • Injuries During Childbirth: Negligence in prenatal care and delivery can cause irreparable damage to a mother or newborn, leading to life-altering conditions like cerebral Palsy or even maternal mortality.
  • Inadequate Follow-up Care: Inadequate follow-up care increases the risk of medical errors and complications, contributing to medical malpractice. Patients may not receive necessary treatments or interventions without proper follow-up care, leading to worsening conditions or undiagnosed issues. For instance, patients with chronic conditions like diabetes or hypertension may experience complications like heart disease or stroke if they don’t receive adequate follow-up care.

Post-treatment care is a core element of the healing process. Failure to provide appropriate follow-up care or disregarding patients’ concerns can worsen existing conditions and spawn new complications. It can also open the door for a Pennsylvania medical malpractice lawyer to pursue litigation against the at-fault parties.

Certificate of Merit Requirement in Pennsylvania Medical Malpractice Cases

To prove medical negligence, your Pennsylvania personal injury lawyer must demonstrate that the medical professional breached their duty of care and that this breach directly caused your injury. In Pennsylvania, a “certificate of merit” is required to validate the legitimacy of your claim, bolstering your case with expert testimony.

A certificate of merit is a legal document that must be filed by the plaintiff (the injured party) in a medical malpractice case in Pennsylvania. The certificate of merit is a sworn statement from a qualified medical professional, such as a doctor or nurse, stating that they have reviewed the plaintiff’s medical records and believe that the defendant (the healthcare provider) deviated from the accepted standard of care and that this deviation caused the plaintiff’s injuries.

In other words, the certificate of merit is intended to prevent frivolous medical malpractice lawsuits from being filed by requiring plaintiffs to obtain an expert medical opinion before filing a lawsuit. The certificate of merit requirement is intended to ensure that there is a good faith basis for the lawsuit and that it is not being filed solely to harass the defendant or for some other improper purpose.

Under Pennsylvania law, a medical malpractice lawsuit cannot proceed without a certificate of merit. Failure to file a certificate of merit within the required timeframe can result in the dismissal of the lawsuit.

Nursing Home Abuse

Nursing home abuse is the mistreatment or harm inflicted upon a nursing home or long-term care facility resident. The reality of nursing home abuse is harsh and unfortunate. Such heinous negligence and crimes in Pennsylvania have physical, emotional, and psychological consequences for victims and families. The National Center on Elder Abuse states, “By type, the pooled prevalence rates reflected the following percentages: psychological abuse (11.8%), physical abuse (1.9%), financial abuse (3.8%), neglect (4.1%), and sexual abuse (2.2%).

Nursing Home Abuse: The Many Faces of Negligence

Nursing home abuse can take various forms, exposing vulnerable residents to harmful experiences. These categories highlight nursing home abuse accidents that could warrant a personal injury lawsuit.

  • Physical Abuse: Physical abuse is hitting, slapping, or pushing residents. This can lead to injury, pain, or impairment.
  • Emotional Abuse: Verbal and nonverbal acts inflicting emotional pain, distress, or anguish, such as insulting, isolating, or manipulating residents.
  • Sexual Abuse: Non-consensual contact with a nursing facility resident is a grave violation of dignity and rights.
  • Financial Exploitation: Caregivers can deceive residents or force them to give up control over their finances or property.
  • Neglect: A caregiver’s negligence in providing residents with essential services such as food, shelter, or basic grooming assistance or medical care.

Notable Legal Standards for Elderly Abuse

In the twilight of life, our elderly loved ones deserve solace, care, and respect within the confines of a nursing home. Yet, the bitter truth is that abuse can lurk in even the most seemingly idyllic havens. A Pennsylvania nursing home abuse lawyer will consider the following factors when pursuing justice if your loved one suffered harm in a nursing home.

  • Statutes of limitations: Victims who have suffered abuse in a nursing home have two years to file a suit from when the injury occurred.
  • Mandatory reporting: Pennsylvania law requires healthcare providers, nursing home employees, and administrators to report suspected abuse to Protective Services at the Department of Aging or local law enforcement within 24 hours.
  • Resident rights: The Pennsylvania Code outlines a comprehensive list of rights for adult residential licensing personal care homes. These conditions include the right not to be subjected to abuse, neglect, or exploitation.
  • Corporate negligence: A nursing facility may be held responsible for corporate negligence if they fail to provide adequate staffing or training to residents or enforce policies that ensure their safety and well-being.

Wrongful Death Personal Injury Claims

Data from the Centers for Disease Control and Prevention cites 224,935 deaths from unintentional injuries in the United States in 2021. The tragic specter that is wrongful death casts a dark shadow on the lives of those left behind. Such devastating events in Pennsylvania can cause emotional distress and financial instability. You deserve justice and reparation as a family member of the deceased or representative of the individual who met an untimely death if it was due to someone else’s negligence.

With the help of a Pennsylvania personal injury lawyer, you can receive the support you need when facing the most prevalent causes of wrongful death.

The Most Common Wrongful Death Causes

The term wrongful death is used to describe a variety of incidents that cause irreversible harm and distress to the surviving family members. These categories describe the different wrongful death situations that can lead to a lawsuit.

  • Motor Vehicle Collisions: Fatal accidents involving automobiles, trucks, bikes, motorbikes, and pedestrians can usually be attributed to negligence or recklessness.
  • Medical malpractice: Poor care or mistakes made by healthcare providers, such as misdiagnosis, surgical errors, or medication errors, can cause the death of a patient.
  • Workplace accidents: Poor safety measures, inadequate training, or employer negligence can lead to fatal workplace incidents.
  • Product liability: A defective product, such as a malfunctioning device or a dangerous pharmaceutical, can cause the death of a consumer, thereby implicating the manufacturer and distributor.
  • Premises liability: A property owner’s negligence in maintaining a secure environment can lead to fatal accidents, such as drowning or a slip and fall.

A Pennsylvania wrongful death lawyer can help the victim’s family pursue a wrongful death lawsuit against the responsible party. This lawsuit seeks to hold the responsible party accountable for the victim’s death in a financial capacity and recover damages to compensate the family for their loss.

Wrongful Death Lawsuits

In Pennsylvania, if someone dies due to a wrongful act, specific people related to the deceased person can file a lawsuit to seek compensation for their loss. Usually, the person who can file the lawsuit is the personal representative of the deceased’s estate. This representative is either named in the will or appointed by the court if there is no will.

The personal representative files the lawsuit on behalf of the beneficiaries, usually the surviving family members. In Pennsylvania, the family members who may be eligible for compensation include:

  • Spouse: The surviving spouse may receive compensation, especially if they relied financially on the deceased.
  • Children: The deceased’s biological, adopted, or stepchildren may also receive compensation. This scenario is particularly true if they relied on the deceased financially or lost their guidance and support.
  • Parents: In some cases, the deceased’s parents may receive compensation. This situation typically occurs when the deceased is unmarried or has no children, and the parents rely on their child financially.

Wrongful Death Damages

In a wrongful death lawsuit, the surviving family members may be eligible to receive various types of damages as compensation for their loss. These damages can be categorized as economic and non-economic.

Economic Damages

These damages cover the financial losses experienced due to the death of a family member. This may include:

  • Medical Expenses: These damages include any medical bills incurred before the deceased’s death due to the injury or illness that caused their death.
  • Funeral and Burial Expenses: This includes the cost of funeral and burial services, such as casket expenses, cemetery fees, and funeral home costs.
  • Loss of Income: This includes the income the deceased would have earned had they not died, as well as any future earning potential.
  • Loss of Benefits: This includes the loss of any benefits the deceased would have received, such as retirement, health insurance, or pension benefits.
  • Loss of Inheritance: This includes the loss of any inheritance the surviving family members would have received from the deceased had they not died.

Non-Economic Damages

These damages compensate for the emotional and psychological suffering caused by the loss. Non-economic damages may include:

  • Loss of Companionship: This refers to the emotional and psychological losses suffered by surviving family members due to losing their loved one.
  • Pain and Suffering: This refers to the physical and emotional pain and suffering endured by the deceased person before their death and the emotional pain and suffering experienced by surviving family members.
  • Loss of Consortium: This damage refers to the loss of intimacy and companionship between the deceased person and their spouse or partner.
  • Loss of Guidance and Support: This refers to the loss of guidance and support that the deceased person would have provided to their children or other dependents.
  • Mental Anguish: This refers to the emotional distress and trauma experienced by surviving family members due to the death.
  • Punitive Damages: These damages are designed to punish the responsible party for their wrongful conduct and deter similar conduct in the future. These are only able to be claimed under certain extenuating circumstances.

Lack of Informed Consent

A lack of informed consent occurs when a medical professional doesn’t provide enough information about a treatment or procedure, including its risks, benefits, and alternatives, before the patient agrees. Informed consent is essential because patients have the right to understand their treatment options and make informed decisions about their healthcare.

According to the AMA Journal of Ethics, informed consent forms may be written at a level that is too high for the average patient to understand or may use medical jargon that is unfamiliar to patients. This can make it difficult for patients to fully comprehend the risks and benefits of a treatment or procedure and can increase the risk of inadequate informed consent.

A lack of informed consent can be the basis for medical malpractice claims in complex personal injury cases. If a patient suffers harm because they weren’t given adequate information to make an informed decision about their treatment, they may be able to sue the medical professional for damages.

To win such a serious injury case, however, the patient must prove that the medical professional needed to provide more information and that if they had been fully informed, they would not have agreed to the treatment, resulting in a different outcome.

Lack of Informed Consent Scenarios

Vulnerable patients can be exposed to harm in various situations due to a lack of informed consent. Many accidents resulting from a lack of informed consent can lead to a personal injury suit.

  • Surgical procedures: Surgeons must inform patients of certain surgeries’ risks, benefits, or alternative treatments.
  • Experimental treatments: Healthcare providers need to inform patients about the potential risks or complications of treatment. They also need to inform the patient that the treatment is experimental and could lead to unexpected reactions or complications.
  • Diagnostic tests: Physicians can neglect to discuss diagnostic procedures’ potential risks and benefits. This may lead to unintended harm. For example, Emma underwent a CT scan recommended by her doctor to investigate her frequent headaches. Despite feeling hesitant, she agreed to the procedure without being fully informed of the risks of radiation exposure and allergic reactions to contrast dye. Emma suffered an allergic reaction during the scan, causing anaphylactic shock, and she required emergency medical attention.
  • Medication Regimens: Doctors and pharmacists may fail to inform their patients of potential side effects, drug interactions, or dosage instructions. This can lead to adverse reactions or a worsening of a medical condition.

Lack of Informed Consent Law

Pennsylvania’s lack of informed consent law protects patients’ rights to make informed decisions about their medical treatments and procedures. Under this law, medical professionals must disclose vital information about proposed treatments, including the risks, benefits, and any available alternatives so that patients can make educated choices about their healthcare.

A lack of informed consent can be the foundation for a medical malpractice lawsuit in Pennsylvania. To successfully pursue such a case, the patient must establish the following:

  • Duty to Inform: The medical professional must provide the patient with sufficient information about the treatment or procedure.
  • Breach of Duty: The medical professional failed to adequately disclose the necessary information, such as risks, benefits, and alternatives to the proposed treatment.
  • Causation: The patient would have chosen a different treatment or declined the procedure altogether if they had been fully informed, and as a result, they suffered harm.

Based on their investigation, a Pennsylvania lack of informed consent lawyer can help the injury victim craft a powerful legal strategy to prove that the medical professional failed to provide proper informed consent and that this failure directly resulted in the victim’s injuries. The lawyer can then seek compensation for their client through negotiations with the responsible party or by taking the case to court.

Cerebral Palsy Birth Injury

According to the Centers for Disease Control and Prevention, cerebral palsy is the most common motor disability in childhood, with estimates ranging from 1 to nearly 4 per 1,000 live births. According to the CDC, an average of 1 in 345 children in the U.S. have cerebral palsy.

A cerebral palsy birth injury is a medical condition that affects a child’s muscle coordination, movement, and balance. It is caused by brain damage during pregnancy, childbirth, or shortly after birth. This condition can permanently affect a child’s physical abilities and require ongoing medical care and support.

A birth injury causing cerebral palsy can occur due to medical mistakes or improper care. When a healthcare professional fails to provide proper care during pregnancy, labor, or delivery, the negligence sometimes leads to the child developing cerebral palsy. In that case, the family may have a valid personal injury claim.

Different Types of Cerebral Palsy Birth Injury Cases

  1. Medical Negligence – Medical negligence is a leading cause of cerebral palsy. It occurs when healthcare providers do not adhere to medical standards and cause harm that could have been prevented. Misdiagnosis, incorrect medication, and delayed treatment are examples.
  2. Oxygen Deprivation – Another common cause of cerebral paralysis is asphyxia. It can happen during delivery or labor and cause irreparable damage to the baby’s brain—factors like umbilical cord complications or placental abruption cause oxygen deprivation. Determining liability in personal injury cases requires conducting a thorough investigation with the help of an experienced attorney.
  3. Traumatic Birth Injuries – Unfortunately, cerebral palsy can be caused by birth trauma. These injuries may be caused by the improper use of vacuum or forceps, aggressive handling of a newborn, or failure of a cesarean. A cerebral palsy lawyer can provide the expertise to determine the best action for traumatic birth injuries.
  4. Infections During Pregnancy – Maternal infections can cause cerebral palsy during pregnancy. Inadequate prenatal care, or failure to diagnose and treat maternal infections, can harm the developing fetus. Toxoplasmosis or cytomegalovirus are examples of these disorders. In these situations, pursuing legal action may be an option.

A Pennsylvania cerebral palsy birth injury lawyer can help gather and review medical records and other evidence related to the injury to construct a compelling legal position. This may involve consulting with medical experts and other professionals to understand the full extent of the injury and its impact on the victim’s life.

Slip-and-Fall Accident

A slip and fall injury is a type of personal injury that occurs when someone falls on another’s property due to a dangerous condition. Slip and fall accidents can be painful, frustrating, and life-altering, and they are not a welcome interruption to one’s routine. While the circumstances can vary, negligence or poor maintenance is usually present.

Slip and fall accidents are significant safety concerns in the workplace and daily life. According to Injury Facts, 211,640 workers were injured badly enough to require days off due to slip and fall accidents in 2020, and 805 workers died in falls that year.

In Pennsylvania, slip and fall accidents are regulated by premises liability laws. Here are the primary factors behind slip and fall accidents:

Slippery Surfaces on Wet Surfaces

These incidents are the most common type of slip-and-fall accident. They occur when liquids or snow create slippery conditions. Property owners are responsible for keeping their premises safe, whether a spilled drink in a supermarket or an icy walkway. In Pennsylvania, strict protocols determine the steps necessary to remove snow and ice within a reasonable time, depending on where you are.

Uneven Surfaces

Uneven surfaces are a less obvious danger. They can take many forms, including cracked sidewalks or potholes. These defects are often hidden and pose a serious risk to pedestrians. Property owners should correct hazards or at least provide adequate warning.

Obstructed Walkways

Impeded pathways can be a minefield of danger for unwary accident victims. Obstructions in pathways, whether due to misplaced items, debris, or merchandise, can cause catastrophic falls. The property owner is responsible for maintaining a safe environment in these situations.

Areas with Poor Lighting

Dim lighting can obscure hazards, increasing the chance of a slip-and-fall accident. A lack of lighting in areas such as stairwells or parking lots can cause serious injuries. Property owners should ensure that the site is well-lit to prevent these accidents.

Defective Staircases

Slip and fall injuries are all dangerous, but they are even more dangerous when they involve staircase accidents. Pennsylvania law requires that property owners maintain stairs safely to protect individuals from harm.

A Pennsylvania slip and fall lawyer can assist people who were hurt due to hazardous property conditions. They investigate, determine responsibility, and gather evidence to craft a well-supported claim case. They work with an insurance company or defend victims during court proceedings to secure compensation for their injuries. Additionally, they support and ensure their client’s rights are protected throughout the legal process.

Pedestrian Accident

Lancaster, Pennsylvania, has been named one of the country’s top 10 most pedestrian-friendly cities. Plus, in 2020, Philadelphia launched a “Slow Streets” program, which closed certain streets to vehicle traffic to encourage walking and biking during the COVID-19 pandemic. Pennsylvania is a haven for those who enjoy walking. Unfortunately, even a leisurely walk can lead to a life-shattering incident.

A pedestrian accident is when a person walking, running, or using a mobility aid is hit by a motor vehicle or bicycle. This can happen on the road, on a sidewalk, or in a parking lot. Pedestrian accidents can result in serious injuries or even death, and they can be caused by various factors such as distracted driving, speeding, or failure to yield to pedestrians. Both drivers and pedestrians need to be aware of their surroundings and follow safety guidelines to help prevent pedestrian accidents.

Pedestrian accident cases are a subset of personal injury law that can be just as devastating as any other kind of accident. Here are some causes of pedestrian injuries:

Vehicle Collisions

The most common type of pedestrian accident is undoubtedly a vehicle collision. These accidents account for a large portion of all personal injury claims. These accidents can involve cars, trucks, buses, and motorcycles. They are often caused by driver negligence, such as speeding, distraction, or failure to yield. In this situation, the injured party is responsible for proving the driver’s fault.

Bicycle Accidents

As cycling becomes more popular, accidents involving pedestrians and bicycles are becoming more common. These incidents are often caused by negligent behavior, such as disregarding pedestrian walkways or traffic signals. Cyclists and pedestrians should adhere to road rules to ensure everyone’s safety.

Hit-and-Run Incidents

Hit-and-run accidents are a particularly horrifying form of a pedestrian accident. In these cases, a driver strikes a pedestrian before fleeing. These criminal acts exacerbate the emotional trauma experienced by the victim and make it challenging to identify and hold the guilty party accountable. A Pennsylvania personal injury lawyer can help pursue justice.

Parking Lot Accidents

Parking lots are a common place for pedestrian accidents. Accidents caused by drivers backing out of parking spots, speeding, or failing to yield can be devastating, and poor lighting or bad signs may be the fault of property owners.

School Zone Accidents

School zones, with their crowds of children and frantic activity, present a unique risk for pedestrian accidents. In these zones, drivers are subject to strict regulations that include reduced speed limits and following crossing guard instructions. These rules are strictly enforced, and can have catastrophic consequences when they are not followed.

Motorcycle Accident

Pennsylvania offers numerous scenic routes for motorcyclists, such as the Grand Army of the Republic Highway (US Route 6), which spans the entire state from east to west. The state’s diverse landscape, including rolling hills, farmland, forests, and historic sites provides an engaging backdrop for motorcycle rides.

Additionally, the state of Pennsylvania promotes safety with its free motorcycle safety courses through the Pennsylvania Motorcycle Safety Program (PAMSP). These courses cater to both beginners and experienced riders, aiming to promote safe motorcycle riding practices.

So what are the different kinds of motorcycle accidents? It could be a collision between a motorcyclist and another vehicle, a stationary object, or even with a pedestrian. Injuries ranging from minor scrapes to serious, life-altering injuries or even death. Here are the leading causes of motorcycle crashes:

Collisions With Other Vehicles

Collisions with other vehicles commonly cause motorcycle accidents involving personal injury claims. These accidents are often caused by driver negligence, such as distracted driving or speeding.

Single-Vehicle Accidents

A single-vehicle accident occurs when a motorcyclist crashes without any direct involvement by another vehicle. Poor road conditions, mechanical failure, or an animal darting in the motorcyclist’s path can cause these incidents. In such personal injury cases, determining liability can be complex and requires the assistance of an experienced Pennsylvania motorcycle accident attorney.

Left-Turn Accidents

A left-turn accident occurs when a vehicle turns to the left, crossing over the path of a motorcyclist, leading to a collision. These accidents are often caused by driver negligence or poor judgment. In personal injury cases, the driver will be sued for compensation for the other person’s injuries.

Lane-Splitting Accidents

Riding your motorcycle between lanes with slow-moving traffic or stopped traffic presents a unique set of risks. Lane-splitting is not prohibited in Pennsylvania, but can be used to determine fault in motorcycle accidents.

Defective Motorcycle Parts

Defective parts or faulty designs can also cause motorcycle accidents. In such cases, motorcycle manufacturers, suppliers of parts, or maintenance providers may be held liable for the injuries suffered. To pursue maximum compensation, you must thoroughly understand product liability laws. It is best to have an experienced motorcycle accident attorney.

Rideshare Accident

Ridesharing has revolutionized transportation, bringing convenience and accessibility to many users. Ridesharing has grown in popularity across the United States, and Pennsylvania is no exception. Pennsylvania passed Act 164 in 2016, establishing statewide regulations for ridesharing companies like Uber and Lyft. This legislation set specific rules for driver background checks, vehicle safety, and insurance requirements to ensure passenger safety.

Additionally, in response to the growing popularity of ridesharing services, some Pennsylvania cities, including Pittsburgh and Philadelphia, have designated specific rideshare zones for pick-ups and drop-offs. These zones aim to improve traffic flow and enhance overall safety.

Despite the state’s best efforts, rideshare users can end up in vehicular accidents. When a driver of a rideshare vehicle, such as Uber, Lyft, or Sidecar, is involved in a collision that results in injury or death, it’s called a rideshare accident. With all its benefits, ridesharing has introduced a new category of personal injury claims: rideshare accident cases.

Here are various scenarios you might see with rideshare cases:

Rideshare Driver at Fault

If the rideshare driver is responsible for an accident, injured parties can seek compensation from the driver’s or rideshare company’s own insurance company. Uber and Lyft have substantial insurance policies that may cover the rideshare driver if their insurance is inadequate. This coverage depends on the driver’s status at the time of the accident, i.e., whether or not the app was running and if a passenger was in the vehicle.

Another Driver at Fault

The injured party could claim compensation from the insurance policy of the driver at fault if the other driver were found to be responsible for the accident. This includes passengers, pedestrians, and rideshare drivers. If the negligent driver has insufficient insurance or is uninsured, the rideshare company may be able to provide additional coverage.

Vehicle Defects or Maintenance Issues

Defective parts of vehicles or insufficient maintenance can also cause accidents involving rideshares. In these personal injury cases, the vehicle maker, parts supplier, or maintenance provider could be liable for any injuries.

Pedestrian and Cyclist Accidents

In rideshare accidents, cyclists and pedestrians are especially vulnerable because they do not have the protection of a vehicle. Injured pedestrians and cyclists, whether hit by a rideshare driver, another motorist, or both, can claim compensation through the insurance of the party at fault or the rideshare’s policy, depending on the circumstances.


Do I Need an Attorney for a Personal Injury Case?

While it is possible to handle a personal injury case without an attorney, it is generally not advisable. Personal injury cases can be complex, and an attorney can provide helpful counsel and protect your rights throughout the legal proceedings. An attorney can also assist with insurance paperwork, broker a fair settlement, and, if necessary, argue your case in court.

Additionally, an attorney can help you obtain full and fair compensation for your injuries, including medical bills, wage loss, and pain and suffering. Overall, it is highly recommended that you consult with a personal injury attorney to ensure that your case is handled to maximize your chances of winning your case. Without an attorney, the liable party may try to deny you altogether or only offer a very small settlement.

How Much Will It Cost To Hire a Personal Injury Lawyer?

The cost of hiring a personal injury lawyer can vary depending on several factors, such as the complexity of the case, the location, and the lawyer’s experience. Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Their fee is usually a percentage of the settlement or judgment.

The percentage can range from 25 to 40 percent of the final award, depending on the case and the agreement between the lawyer and the client. Some lawyers may also charge an hourly or flat fee, which is less common in personal injury cases.

Do I Need To Go to Court for My Personal Injury Case?

Whether or not you need to go to an actual trial for your personal injury case will depend on the circumstances of your case. Personal injury claims can often be settled out of court through negotiations between your lawyer and the defendant’s insurance company. However, if a settlement cannot be reached or the defendant denies liability, it may be necessary to go to court and litigate the case.

How Long Will It Take To Resolve My Case?

The time it takes to resolve a personal injury case can vary widely depending on the case’s complexity, the injuries’ severity, and the court’s schedule. In some cases, a settlement can be reached quickly, while in other cases, it may take several months or even years to resolve the case.

Your Pennsylvania personal injury lawyer can give you a better idea of how long your case might take based on the specific circumstances of your case. It’s important to be patient and work with your lawyer to ensure you receive the best possible outcome for your case.

Contact the Personal Injury Attorneys at the Law Office of Edelstein Martin & Nelson Today

Regain control of your life and alleviate financial and emotional burdens from your accident. Edelstein Martin & Nelson, a skilled and empathetic team of lawyers with decades of experience, will completely manage your case, allowing you to focus on recovery without stressing over legal filings and mounting medical bills. Our attorneys are ready to represent you throughout Pennsylvania.

Contact our personal injury attorneys at (888-208-1810) for a free consultation to see how we can help you get the maximum compensation you are due under the law as a result of what you have suffered through.

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