Amputations FAQs
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What qualifies as a catastrophic amputation?
An amputation is catastrophic when the injury permanently removes all or part of a limb or digit, with lasting impacts on mobility, self-care, and employment.
Common levels (plain-English):
- Upper limb: finger(s), thumb, hand, below-elbow, above-elbow, shoulder level
- Lower limb: toe(s), foot (partial/complete), below-knee (transtibial), above-knee (transfemoral), hip level
Traumatic vs. surgical:
Surgical amputations occur later due to non-salvageable damage, infection, or vascular compromise after the incident.
Traumatic amputations occur at the scene (e.g., machine entanglement, truck crash).
Do I have a case if this happened at work?
Often yes, third-party claims (against contractors, manufacturers, property owners, etc.) may be available in addition to workersâ compensation. Weâll identify all liable entities.
How is the value of an amputation case calculated?
By linking liability to lifelong needs: medical care, prosthetics and replacements, home modifications, lost earning capacity, and non-economic harms. Each case is unique.
What is a life-care plan and why does it matter?
Itâs a detailed projection of lifetime needs (prosthetics and replacements, surgeries, therapy, home/vehicle modifications, attendant care, supplies). It anchors future-damage claims.
Are pain (including phantom limb pain) and PTSD compensable?
Typically yes, when supported by medical evidence. We include physical and psychological harms in the damages model.
Are punitive damages available?
Sometimesâonly where permitted and supported by evidence of egregious conduct. We evaluate this early.
Birth & Neonatal Injury FAQs
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What qualifies as a birth injury?
A birth injury is harm sustained by a newborn during pregnancy, labor, delivery, or shortly after birth due to medical negligence, errors, or failure to provide appropriate care. Common examples include cerebral palsy, brachial plexus injuries, hypoxic brain injury, and fractures caused by improper delivery techniques.
How do I know if my childâs injury was caused by medical malpractice?
Not every birth complication is malpractice, but if your childâs injury was preventable with proper care, it may be. Warning signs include delays in ordering a C-section, failure to monitor fetal distress, improper use of forceps or vacuum extractors, or ignoring high-risk pregnancy conditions. An experienced birth injury lawyer can review medical records and consult experts to determine whether negligence occurred.
What compensation can families recover in a birth injury lawsuit?
Compensation may include the costs of lifelong medical care, therapies, assistive equipment, lost future earnings, and pain and suffering. In cases of extreme negligence, punitive damages may also apply. Every case is different, and damages depend on the severity of the injury and its long-term impact.
How long do I have to file a birth injury claim?
The statute of limitations varies by state. Some states allow claims within two years of the injury, while others extend the timeline until after the childâs 18th birthday. Because these rules are complex and exceptions exist, itâs important to speak with an attorney as soon as possible.
Who can be held responsible for a birth injury?
Potentially liable parties include doctors, nurses, hospitals, or other medical professionals involved in prenatal care, labor, or delivery. In some cases, multiple providers share responsibility. Your attorney will investigate all possible sources of negligence.
Will a birth injury lawsuit affect my childâs medical care?
No. Filing a lawsuit does not interfere with your childâs ongoing treatment. Your legal claim is separate from the medical care your child continues to receive. In fact, successful litigation can help secure resources for better long-term care.
How long does a birth injury case take?
These cases are complex and often require extensive investigation, medical expert testimony, and negotiations with insurance companies. Some cases resolve in settlement within a year, while others may take several years if they proceed to trial.
What are the most common types of birth injury?
Head injuries are the most common type of birth injury in hospitals today. Of course, head injuries can range from mild scratches and bruising, to serious injuries like bleeding on the brain. Some of the common head injuries seen in infants are:
- Swelling, bruising or scratching of the scalp
- Bleeding outside of the skull bones
- Cephalhematoma
- Intracranial hemorrhage
- Fracture of the skull bones
What causes birth injuries?
Any birth can result in an injury to the infant. But birth injuries most commonly occur because of a babyâs position during labor, or the size of the baby. The longer and more difficult labor is for the mother, the more likely a birth injury is to occur. Some common conditions which may lead to birth injuries include:
- Large babies – babies born over 8 pounds, 13 ounces are more prone to cause long and difficult labor, leading to a higher rate of birth injuries.
- Premature infants – Babies born before 37 weeks are more fragile, and thus more prone to injury during labor.
- Cephalopelvic disproportion – If the size of the mother’s pelvis is not adequate for the baby to be born vaginally, this can lead to prolonged labor.
- Maternal obesity – This can lead to a greater risk for preeclampsia and fetal distress during labor.
- Abnormal birthing presentation – Breech babies, or other abnormal birth presentations, such as sunny side up, can lead to prolonged labor.
- Shoulder dystocia – When the shoulder becomes stuck during labor, this can lead to fetal distress and birth injuries.
What Should Doctors Do to Minimize the Risk of Shoulder Dystocia?
The most important steps that can be taken to minimize the risk of negative outcomes related to shoulder dystocia are often those that can be identified during pregnancy. Doctors should:
- Have a thorough understanding of the motherâs medical history, including episodes of shoulder dystocia in prior deliveries
- Properly manage gestational diabetes, hypertension, excessive maternal weight gain or other health risk factors during pregnancy
- Plan for a cesarean delivery in cases of large fetus and small mother
If your doctor failed to take steps to minimize the risks associated with shoulder dystocia, you may have standing to file a claim of negligence against them.
What are some common examples of medical malpractice resulting in cerebral palsy?
Around 10,000 infants every year are born with cerebral palsy in the United States. Though not all are caused by medical malpractice during the birthing process, many instances of cerebral palsy are avoidable if not for the negligence of physicians and other healthcare providers.
Medical malpractice can lead to cerebral palsy in a variety of ways, including:
- Failure to recognize that the baby is in the breech position prior to delivery.
- Failure to diagnose a substantial differentiation between the size of the babyâs head and the motherâs pelvis.
- Failure to diagnose and treat jaundice after birth.
- Failure to properly monitor the health and condition of the baby and mother during childbirth.
- Failure to properly use a vacuum extractor or forceps.
- Delaying the delivery of a baby who is distressed due to oxygen deprivation
- Neonatal Birth Injury
A neonatal birth injury is any type of impairment that affects a newbornâs body function that can be attributed to an adverse event during, or following, labor and delivery. Birth injuries of this kind can range from mild, which heal quickly on their own, to more serious injuries that cause severe and permanent damage to the newborn. Specific neonatal birth injuries include:
- Cardiac Arrest
- Encephalitis
- Infection and Meningitis
- Mispositioned Central Catheter
- Neonatal Hypoglycemia (Low Blood Sugar)
- Stroke During/Near the Time of Delivery
- Kernicterus and Severe Hyperbilirubinemia
- Seizures
- Preeclampsia
- Placental Abruption
- Cephalohematoma
How do I prove negligence was responsible for my child’s birth injury?
Of course, not every birth injury occurs due to negligence. Giving birth can be wildly unpredictable, and not every birth injury is preventable, even with all the medical knowledge we have today. But when negligence does occur, it can often lead to serious birth injuries, ones that may cause months or years of hardships for you and your family.
When this happens, you need someone on your side to help you navigate the complicated legality of filing a medical negligence claim, to help compensate you for your losses, and to help prevent this type of error from happening to someone else.
Breast Implant Lawsuits FAQs
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What Are the Odds of Developing BIA-ALCL Due to a Breast Implant?
There have now been around 800 reports of BIA-ALCL occurring worldwide, with 457 of those cases occurring in the United States. This means the chances that a woman will develop BIA-ALCL due to a breast implant is between 1 in 3,000 or 1 in 30,000. Experts say that BIA-ALCL typically occurs about a decade after the implant was first inserted.
Exactly why these implants have led to increased risk of BIA-ALCL is not completely clear. One theory is that the increased surface area on the textured implant can offer more of a foothold for bacteria that is introduced during surgery, leading to long-term inflammation and disease. Other theories state that particulates in the tissue that forms around the implant, particularly silicone particles, could be to blame.
How Can a Doctor Detect BIA-ALCL?
Typically, this happens when patients begin noticing symptoms like fluid buildup. Doctors collect samples of this fluid for testing â and the test results reveal the presence of malignant T-cells. More generally, doctors may use a number of different tests to diagnose non-Hodgkinâs lymphoma, such as:
- Ultrasound imaging tests
- Positron emission tomography (PET) scans
- Physical exams
- Biopsies
- Chest X-rays
- Computed tomography (CT) scans
- Magnetic resonance imaging (MRI) scans
What Breast Implants Have Been Recalled?
The following implants have been recalled as of July 24 2019:
- Allergan Natrelle BIOCELL Textured Products:
- Allergan Natrelle Saline-Filled Textured Breast Implants
- Allergan Natrelle Silicone-Filled Textured Breast Implants
- Allergan NatrelleÂź 410 Highly Cohesive Anatomically Shaped Silicone- Filled Textured Breast Implants
- Allergan Natrelle 133 Plus Tissue Expander
- Allergan Natrelle 133 Tissue Expander with Suture Tabs
The recall affects implants that were manufactured between July 2014 and June 2019, and affects nearly 250,000 devices in the United States alone. The FDA classifies this as a Class 1 recall, indicating that the use of these devices may result in serious injury or death.
The FDA states that the risk of BIA-ALCL with the Allergan BIOCELL textured implants is approximately 6 times the risk of BIA-ALCL compared with other textured implants marketed in the United States, and 12 deaths have already been reported. Allergan has also announced that it will cover the costs of new implants for women with Biocell implants who wish to replace them up until July 24, 2021, however, they will not pay for the cost of surgery.
Can Textured Tissue Expanders Also Cause Cancer?
Tissue expanders are used to stretch the skin before a breast reconstruction surgery, or for scar revision. They are temporary implants, intended to be replaced with a standard implant in time.
Unfortunately, the FDA believes that tissue expanders with certain types of textured surfaces may also pose a risk to consumers. Since tissue expanders are only to be used for 6 months, there is no firm data to say whether this limited exposure could increase the risk of cancer in users. However, there are many tissue expanders on the market that do not use a textured surface, and it is recommended that they be used instead.
Who Is Liable for a Defective Breast Implant?
You may have questions about who should be held liable if you have a defective breast implant. This will depend on the particulars of your case, and how exactly you have been affected by the faulty implant.
In a case against the manufacturer, you may wish to file a claim of strict liability, failure to warn, or fraud. This can mean proving that the manufacturer knowingly sold the implant to you in a dangerous condition, or failed to warn consumers about risks that they knew their product posed to someoneâs health.
If the issues stemming from your breast implant arose because of negligence on the part of the plastic surgeon who implanted them, then that would likely fall under the category of medical malpractice. Surgeons do not typically qualify to be distributors of a product, and therefore any fault with the product itself would have to lie with the manufacturer. Ultimately, speaking with a skilled attorney can help you determine who is at fault, and how you can prove negligence or malpractice.
Do I Qualify to File a BIA-ALCL Lawsuit?
You may have a breast implant ALCL cancer lawsuit if you:
- Developed the rare BIA-ALCL form of lymphoma, even if your diagnosis occurred many years after getting implants
- Underwent a breast augmentation surgery, regardless of whether it was reconstructive or cosmetic, and
Careers FAQs
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What types of roles do you hire for?
We regularly hire trial attorneys, paralegals, investigators, intake specialists, and litigation support team members, as well as professionals in operations, marketing, and IT. Open roles are always listed on our Careers page.
Where are your offices? Do you offer hybrid work?
We are headquartered in the greater Philadelphia area and serve clients throughout Pennsylvania and beyond. Many roles are hybrid with in-office days aligned to team and client needs. Some positions (e.g., client intake, investigations, trial teams) may require more onâsite work and inâperson court appearances.
What practice areas does the firm focus on?
We focus on catastrophic injury and wrongful death matters, including medical malpractice, trucking and commercial vehicle crashes, product liability, premises liability, and workplace/industrial accidents.
Do you hire for remote roles outside Pennsylvania?
Select roles may be open to fully remote candidates depending on responsibilities, licensure, and team coverage. Any location requirements will be noted in the job posting.
Do you provide visa sponsorship?
Sponsorship is considered caseâbyâcase based on role requirements and timing. Please review the posting and apply; you can indicate your work authorization status on the application.
Do you work with external recruiters?
We partner with approved agencies on certain searches. Unsolicited submissions are treated as direct applications and do not create placement fee obligations.
What bar admissions are required?
For litigation roles, Pennsylvania bar admission (or eligibility to waive in/sit for the exam) is typically required. Admission in additional jurisdictions (e.g., NJ, NY, DC, TX, NM, AZ, CO, MA) is a plus where client work demands it.
What does success look like for trial attorneys at the firm?
We value client outcomes, preparation quality, ethical advocacy, collaboration, and business development. We look beyond hours aloneârecognizing courtroom results, case strategy, mentorship, and thought leadership.
Do you offer law clerk or summer programs?
Yes. We host law clerks during the academic year and summer. Clerks work closely with trial teams on research, drafting, discovery, and hearing/trial prep.
Case Process FAQs
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Accident Report
Official write-up by police or other authorities describing an incident. It often includes who was involved, witness info, diagrams, and preliminary fault assessments.
Actionable Negligence
Negligence that meets all required legal elements (duty, breach, causation, and damages) and can support a lawsuit.
Adjuster (Claims Adjuster)
Insurance employee (or contractor) who investigates claims and proposes settlement values. They work for the insurerânot for you.
Ad Damnum
The amount of money damages requested in a complaint or pleading.
Affidavit
A written statement sworn under oath or affirmed to be true, often used to support motions or establish facts.
Arbitration
Private dispute process where a neutral arbitrator hears evidence and issues a decision. It can be binding or non-binding, and is typically faster than a court trial.
Assumption of Risk
A defense claiming the injured person knowingly accepted a specific danger, which can reduce or bar recovery depending on state law.
Bad Faith (Insurance)
When an insurer unfairly delays, underpays, or denies a valid claim, or fails to reasonably settle within policy limits when liability is clear.
Burden of Proof
The level of evidence a party must present to win. In most civil cases itâs âpreponderance of the evidenceâ (more likely than not).
Causation
The link between the defendantâs conduct and the plaintiffâs injuries. Includes actual cause (âbut forâ) and proximate cause (legal cause close enough to impose liability).
Certificate of Merit
Expert attestation required in some states before filing certain professional negligence suits (e.g., medical malpractice) to certify the claim has merit.
Claim
A demand for compensation made to an insurer or at-fault party for losses caused by an incident.
Comparative Negligence / Comparative Fault
A rule that reduces damages by the plaintiffâs percentage of fault. In some states, recovery is barred above certain thresholds (e.g., 50% or 51%).
Complaint
The document that starts a lawsuit and lays out the factual allegations and legal claims against the defendant(s).
Contingency Fee
An arrangement where the attorney is paid a percentage of the recovery. If thereâs no recovery, there is no fee.
Collateral Source Rule
In many states, payments from other sources (like health insurance) cannot reduce the defendantâs liability or be shown to the jury, subject to state-specific exceptions.
Damages
Money awarded for losses caused by the defendantâs conduct. Categories commonly include:
- Economic: Medical bills, lost wages, future care, and other out-of-pocket costs.
- Non-Economic: Pain, suffering, loss of lifeâs pleasures, disfigurement.
- Punitive: To punish and deter extreme or reckless misconduct (available only in limited circumstances).
Demand Letter
A detailed settlement request that summarizes liability, injuries, medical treatment, and damages, and proposes a monetary amount to resolve the claim.
Deposition
Sworn, recorded testimony taken before trial. Lawyers ask questions; a court reporter transcribes the answers for later use in court.
Discovery
Formal evidence-gathering before trial, including interrogatories, requests for documents, depositions, and medical or site inspections.
Dram Shop Liability
Claims against bars, restaurants, or servers for serving visibly intoxicated or underage patrons who later cause harm (e.g., drunk-driving crashes). Standards vary by state.
Duty of Care
A legal obligation to act as a reasonably prudent person would under similar circumstances to avoid harming others.
EDR (Event Data Recorder)
Vehicle âblack boxâ that records crash data such as speed, braking, throttle, and seatbelt use; often preserved and analyzed in serious collisions.
Expert Witness
A qualified specialist (e.g., physician, accident reconstructionist, economist) who offers opinions to help the judge or jury understand technical issues.
First-Party Benefits
Insurance benefits you claim under your own policy (e.g., PIP/MedPay), regardless of who was at fault, depending on your state and coverage.
Foreseeability
Whether a reasonable person could anticipate the risk of harm from certain conduct; a key concept in duty and proximate cause analyses.
Gross Negligence
Conduct that shows reckless disregard or a gross deviation from reasonable careâmore serious than ordinary negligence.
HIPAA Authorization
Client consent that allows the release of medical records and bills to authorized recipients (e.g., your attorneys, experts, or insurers).
Hold (Litigation Hold / Evidence Hold)
An instruction to preserve all potentially relevant evidence (documents, emails, EDR data, surveillance video, etc.) once litigation is reasonably anticipated.
IME (Independent Medical Examination)
A medical exam requested by the defense or insurer to evaluate injuries, causation, and treatment. Despite the name, the examiner is chosen by the opposing side.
Interrogatories
Written questions from one party to another that must be answered under oath during discovery, typically within a set deadline.
Insurable Limits (Policy Limits)
The maximum amount an insurer will pay on a covered claim under a particular policy; settlements above this may require other sources or personal assets.
Joint and Several Liability
A rule (varies by state) under which any one of multiple defendants may be responsible for the full judgment, leaving defendants to sort out contributions among themselves.
Jurisdiction
A courtâs legal authority to hear a caseâboth over the subject matter and the parties involved.
Lien (Medical / ERISA / Lienholder)
A legal right to be repaid from settlement or verdict proceeds for amounts previously paid (e.g., hospital balances, health plans). Liens must be resolved at settlement.
Loss of Consortium
Damages for harm to the marital or close family relationship caused by an injury or death (loss of companionship, services, affection).
Liability
Legal responsibility for causing harm. Establishing liability typically requires proof of duty, breach, causation, and damages.
Mediation
A confidential, facilitated negotiation with a neutral mediator who helps the parties explore settlement but does not decide the case.
Medical Malpractice
Professional negligence by a healthcare provider that deviates from the accepted standard of care and causes injury or death to a patient.
MMI (Maximum Medical Improvement)
The point at which a condition is stable and unlikely to improve substantially with further treatment; often used to value future damages.
Motion in Limine
A pretrial request asking the court to admit or exclude certain evidence so the jury never hears improper or unfairly prejudicial material.
Negligence
Failure to use reasonable care under the circumstances, resulting in harm to another person.
Negligent Entrustment / Hiring / Retention / Supervision
Claims that a company acted unreasonably with unsafe vehicles or employeesâe.g., entrusting a truck to an unfit driver or failing to screen/supervise properly.
Open Policy Limits
When the value of a claim exceeds the at-fault partyâs insurance limits, potentially exposing the insuredâs personal assets if not settled within limits.
Pain and Suffering
Non-economic damages for physical pain, emotional distress, and loss of lifeâs pleasures caused by an injury.
PIP / MedPay (First-Party Medical Benefits)
No-fault benefits (varies by state) that pay medical expensesâand sometimes lost wagesâafter a crash, regardless of who caused it.
Premises Liability
Claims arising from unsafe property conditions (e.g., slips, trips, inadequate security) that the owner or occupier failed to correct or warn about.
Preservation (Spoliation) Letter
Notice requiring parties to preserve relevant evidence (e.g., emails, logs, vehicle EDR data, surveillance). Destroying evidence can lead to court sanctions.
Product Liability
Claims involving defective or unreasonably dangerous productsâdesign, manufacturing, or failure-to-warn defects.
Proximate Cause
Legal cause closely enough connected to the harm to impose liability; limits liability to harms that are within the scope of the risk.
Qualified Immunity (limited PI relevance)
Doctrine shielding certain government officials from civil liability in specific contexts unless they violated clearly established rights.
Release
Settlement document where the injured party agrees to give up the right to sue in exchange for payment.
Respondeat Superior (Vicarious Liability)
Employer liability for employees acting within the scope of their employment.
Rollover Coverage (UM/UIM)
Uninsured/Underinsured Motorist coverage that can pay when the at-fault driver lacks insurance or has limits too low to cover the losses.
Settlement
An agreed resolution of a claim before or during litigationâoften after negotiation or mediationâin exchange for a release.
Spoliation
Destruction, alteration, or failure to preserve evidence. Courts may sanction the party or instruct the jury to presume the evidence was unfavorable.
Statute of Limitations
Legal deadline to file a lawsuit. Missing it usually bars the claim, subject to limited exceptions.
Structured Settlement
Settlement paid out over time through an annuity rather than a lump sum; can offer tax and budgeting advantages.
Subrogation
The right of an insurer or health plan to be reimbursed from the plaintiffâs recovery for benefits it paid related to the injury.
Summary Judgment
Court ruling that no trial is needed because thereâs no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
Survival Action
Claim brought by an estate for the decedentâs damages suffered before death (e.g., pain and suffering, medical bills).
Tort
A civil wrong (other than breach of contract) that causes harm and can be remedied with damages.
Tortfeasor
The person or entity that committed the tort (the wrongdoer).
Venue
The proper geographic location for a lawsuit, typically tied to where parties live or where the events occurred.
Voir Dire
Jury selection process where attorneys and the judge question potential jurors about biases and ability to be fair.
Vicarious Liability (see Respondeat Superior)
Liability imposed through a legal relationship (e.g., employerâemployee), not because the party personally committed the wrongful act.
Wrongful Death
Claim brought by eligible family members for losses caused by a loved oneâs death due to anotherâs negligence or misconduct (e.g., loss of support and companionship).
Civil Rights Attorneys FAQs
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What qualifies as a civil rights case involving catastrophic injury or wrongful death?
Civil rights cases arise when government officials, law enforcement, or institutions violate constitutional protections, resulting in severe injury or loss of life. Examples include police shootings, excessive force, denial of medical care in custody, or deaths caused by prison neglect.
How is a civil rights case different from a typical personal injury or wrongful death claim?
While personal injury cases usually involve negligence, civil rights claims focus on violations of constitutional or statutory rights. These cases often involve government actors, require proof of constitutional violations, and may be filed under federal laws such as Section 1983.
What type of civil rights violations can lead to wrongful death lawsuits?
Common violations include unlawful police shootings, excessive force, deliberate indifference to serious medical needs in prisons or jails, fatal injuries caused by police misconduct, and deaths resulting from government negligence or discrimination.
Who can file a civil rights wrongful death lawsuit?
Typically, surviving family members or the personal representative of the deceasedâs estate can bring a claim. Each state has specific rules on who may file and what damages may be recovered.
What damages are available in catastrophic injury and wrongful death civil rights cases?
Damages may include medical expenses, lost income, pain and suffering, funeral costs, and compensation for loss of companionship. In some cases, punitive damages may also be awarded to punish egregious misconduct.
How long do I have to file a civil rights lawsuit?
Civil rights claims are subject to strict statutes of limitations, which vary by state and by the type of violation. Because deadlines can be very short, itâs important to contact an attorney as soon as possible.
Can civil rights cases be brought against both individuals and government agencies?
Yes. Claims can be brought against individual officers or officials who violated rights, as well as against municipalities, correctional facilities, or agencies if their policies or failures contributed to the harm.
What evidence is needed to pursue a civil rights claim?
Evidence may include witness statements, video or bodycam footage, medical records, police reports, jail records, and expert testimony. An experienced attorney can help preserve and gather critical evidence quickly.
Are civil rights cases difficult to win?
These cases are often complex and challenging, especially because they involve constitutional law and powerful government entities. Success requires thorough investigation, expert analysis, and a law firm experienced in handling high-stakes civil rights litigation.
How much does it cost to hire a civil rights attorney?
Many civil rights firms, including ours, handle catastrophic injury and wrongful death cases on a contingency fee basis. This means clients pay no upfront fees, and attorneys are only paid if the case is successful.
How do you hold civil rights violators liable?
When your rights are violated, there are several legal avenues to seek justice. Our attorneys begin by thoroughly reviewing the facts of your case to determine whether the conduct gives rise to civil claims, criminal charges, or both.
- Civil lawsuits allow victims to pursue monetary damages and other relief directly against the wrongdoer.
- Criminal prosecutions are brought by government prosecutors. In some cases, victims may also be entitled to restitution, punitive damages, attorneyâs fees, and other remedies.
Pursuing a lawsuit is a serious process that requires time, evidence, and close collaboration with your legal team. Our role is to guide you through each step, explain your options clearly, and aggressively pursue the remedies available under the law.
Complex Regional Pain Syndrome (CRPS) FAQs
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What is CRPS?
Complex Regional Pain Syndrome is a chronic, often disproportional pain condition that usually affects an arm or leg after an injury or surgery. It may include sensory, autonomic, and motor/trophic changes.
How is CRPS diagnosed?
Clinicians use the Budapest criteria – requiring disproportionate pain, symptoms across categories (sensory, vasomotor, sudomotor/edema, motor/trophic), confirmed signs on exam, and exclusion of better explanations.
Is CRPS permanent?
Some people improve with early, multidisciplinary treatment; others have persistent symptoms. Regardless of duration, CRPS can be profoundly disabling and compensable when caused by negligence.
What type of compensation could I receive?
It varies case by case, but common types of compensation include:
- Pain management (procedures, medications, infusions) and care from pain specialists.
- Physical/occupational therapy and desensitization programs.
- Psychological support for anxiety, depression, PTSD, and pain coping.
- Assistive devices, mobility aids, and adaptive technology.
- Home/vehicle modifications and transportation needs.
- Lost wages, reduced earning capacity, and loss of household/benefit contributions.
- Nonâeconomic harms: pain, suffering, loss of lifeâs pleasures, and loss of consortium.
What is the key medical framework used in the Budapest criteria?
- Continuing pain, disproportionate to any inciting event.
- Symptoms in â„3 of 4 categories (sensory, vasomotor, sudomotor/edema, motor/trophic).
- Signs on exam in â„2 categories (e.g., allodynia/hyperalgesia; temperature/color asymmetry; edema/sweating changes; decreased ROM, tremor, dystonia, hair/skin/nail changes).
Construction & Workplace Injuries FAQs
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What is a third-party claim, and how is it different from workersâ compensation?
Workersâ compensation is typically your remedy against your direct employer. A third-party claim targets othersâlike property owners, GCs/subs, architects/engineers, or equipment manufacturersâwhose negligence or defective products contributed to your injury. These cases can provide damages in addition to workersâ comp (pain and suffering, full wage loss, etc.).
Who can be held liable on a construction site?
Depending on control and fault: property owners, site architects, general contractors, subcontractors, and equipment manufacturers may be responsible. Liability often turns on whether they enforced safety standards, communicated job rules, warned about hazards, and hired/supervised responsibly.
What safety rules are most often involved?
Recurring problem areas include fall protection, ladders, scaffolding, powered industrial trucks, respiratory protection, lockout/tagout, machine guarding, and eye/face protectionâall frequently cited OSHA standards. We use these rules to prove notice, feasibility, and causation.
Can I pursue a third-party case if Iâm already getting workersâ comp?
Yes. Many clients have both: workersâ comp for employer-related benefits and a separate lawsuit against negligent third parties or product manufacturers. Coordinating the cases helps maximize overall recovery.
What evidence should I preserve after a jobsite incident?
Photos/video of the scene and equipment, names of witnesses and companies on site, copies of daily reports/JHAs, your medical records, and any OSHA or internal safety findings. We send preservation notices immediately and, when needed, seek court orders for inspections.
Do I need an OSHA citation to win my case?
No. OSHA findings can help, but theyâre not required. We prove negligence and defect through industry standards, expert analysis, and the site partiesâ own documents and training records.
Crush Injuries & Compartment Syndrome FAQs
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What is âcrush syndromeâ?
A systemic condition after prolonged compression causing muscle breakdown (rhabdomyolysis) with risks of hyperkalemia and acute kidney injury. Requires rapid medical management.
What is acute compartment syndrome?
A dangerous rise in pressure within a muscle compartment that cuts off blood flow and nerve functionâmost often after trauma. It is a medical emergency. Once diagnosed, urgent fasciotomy is typically required.
Can delayed diagnosis of compartment syndrome be malpractice?
Potentially. When the standard of care (serial exams, timely pressure checks when indicated, prompt fasciotomy) is breached and causes harm. We review triage-to-OR timing, documentation, and the adequacy of decompression.
What should I do if I suspect compartment syndrome after an accident?
Go to the ER now. Document symptoms and timelines, keep discharge instructions, and contact a lawyer once youâre safe to preserve evidence and deadlines.
FELA & Railroad FAQs
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What is FELA and who qualifies?
FELA is a federal law that lets railroad employees injured on the job recover damages when the railroadâs negligence played any part in causing the injury. Itâs different from no-fault workersâ compensation: you must prove negligence, but available damages are broader.
How is a FELA claim different from workersâ comp?
Workersâ comp is generally no-fault but limits benefits. FELA is fault-based and allows a jury to award full tort damages (medical bills, wage loss, pain and suffering), reduced only by any comparative negligence attributed to the worker.
What is the deadline to file an FELA claim?
Most FELA claims must be filed within three years of when the injury accrued. Donât wait! Evidence in rail cases disappears quickly.
I was injured as a passenger on a train (Amtrak/SEPTA). Do FELA rules apply to me?
FELA applies to employees. Injured passengers generally bring negligence claims under state law. If the defendant is a Commonwealth entity like SEPTA, the case may be subject to sovereign-immunity exceptions and statutory damage caps.
Where can an FELA case be filed?
FELA allows concurrent state/federal jurisdiction, but modern Supreme Court precedent restricts personal jurisdiction. Venue/jurisdiction typically must connect to where the injury occurred or where the railroad is âat home.â We map the best, proper forum for your case.
What damages can railroad workers recover under FELA?
Medical expenses, future care, wage loss and diminished earning capacity, pain and suffering, and in death cases, survivor damages. Amounts are determined by a jury and can be reduced for comparative fault.
Should I talk to a railroad or insurance claims agent?
Not before you talk to counsel. Statements can be used to minimize your claim. We handle communications and protect your rights from the outset.
Fire & Explosions FAQs
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What should I do after a fire or explosion?
Prioritize medical care. If safe, preserve photos/videos of the scene, names of witnesses, and any notices from fire officials or utilities. Do not discard damaged items – potentially defective products and components are critical evidence. Contact an attorney quickly so we can send preservation notices and coordinate a joint inspection.
Who can be held liable?
Depending on the facts: property owners/landlords, management companies, utilities and pipeline operators, general and subcontractors, product manufacturers/sellers, alarm/sprinkler contractors, and maintenance vendors. We identify every responsible party to avoid insurance finger-pointing.
The fire marshal closed the investigation. Do I still have a case?
Yes. Official reports are important, but they donât control civil liability. Our experts frequently uncover causes and responsible parties beyond the scope of an initial agency inquiry.
Should I speak to the insurer or sign anything?
Not before youâve spoken with counsel. Seemingly routine forms and recorded statements can limit your rights or shift blame. We handle communications and protect your claim.
How soon should I contact a lawyer?
Immediately. Evidence degrades quickly, and statutes of limitation can be as short as two years (varying by state). Early involvement lets us preserve the scene, coordinate inspections, and prevent spoliation.
Do you handle factory explosions such as steel mills?
Yes. We represent workers, contractors, and bystanders injured in factory and steel mill explosions, including events tied to furnace operations (EAF/BOF), ladle or slag handling, gas systems, or hot-work activities. We coordinate with cause-and-origin experts and industrial safety specialists to determine fault, preserve evidence, and pursue full compensation.
Internal Organ Damage / Failure FAQs
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What qualifies as a âcatastrophicâ internal organ injury?
Injuries that permanently impair organ function (e.g., dialysis-level kidney failure, chronic liver disease after laceration/ischemia), require major surgery (resection, transplant, ostomy), or cause lasting respiratory or cardiovascular compromise.
I felt âfineâ after the crash but worsened later, do I still have a case?
Often, yes. Internal injuries can be delayed or initially subtle. If negligence caused the harm and medical proof links the deterioration to the incident, you may have a viable claim.
How is the value of an organ injury case calculated?
By linking liability to lifelong needsâsurgeries, dialysis/transplant evaluation, ICU admissions, rehospitalizations, medications, therapy, home modifications, lost earning capacity, and non-economic harms. Every case is fact-specific.
Is sepsis after surgery or a leak always malpractice?
Not automatically. We investigate whether standards of care were met, including timely recognition of infection, appropriate imaging/labs, antibiotics, and re-operation when indicated.
What are common internal organ injuries?
- Abdominal solid organs: liver and spleen lacerations/hematomas, pancreatic injury
- Hollow viscus/mesentery: bowel perforation, mesenteric tears, ischemic bowel
- Thoracic organs: pulmonary contusion, pneumothorax/hemothorax, cardiac contusion, aortic injury
- Renal/urinary: renal laceration, acute kidney injury leading to dialysis
- Hepatobiliary: bile duct transection/stricture, cholangitis, liver failure
- Systemic: sepsis, ARDS, DIC, multi-organ failure
What type of damages could I pursue?
Medical expenses (past/future), rehabilitation and long-term care, prosthetics/medical equipment, home/vehicle modifications, lost wages and earning capacity, loss of household services, and pain, suffering, disfigurement, and loss of lifeâs pleasures. Where the facts support it, we evaluate punitive damages early.
Major Nerve Injuries FAQs
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What is a âmajorâ nerve injury?
A nerve injury that permanently impairs function, sensation, or causes chronic pain, often requiring surgery and long-term care.
How are nerve injuries diagnosed and proved in court?
Through clinical exams, EMG/NCS, advanced imaging (e.g., MR neurography), operative findings, and consistent functional testing; we align these with mechanism and timing.
What symptoms suggest a major nerve injury versus a minor one?
Marked weakness or paralysis, loss of sensation, severe âelectric/burningâ pain, muscle wasting, or autonomic changes (color/temperature/sweating). If you notice any of these, get evaluated promptly.
How soon should I see a nerve specialist?
As early as possible. Some repairs and decompressions are time sensitive. We help you get to a peripheral nerve or neurosurgical consult quickly.
When are EMG/NCS or MR neurography useful?
EMG/NCS can help confirm injury and reinnervation; theyâre most informative a few weeks after injury. MR neurography can visualize nerve inflammation or discontinuity. We coordinate testing and interpret it with retained experts.
What should I avoid doing after a nerve injury?
Donât give recorded statements or broad medical authorizations to insurers, donât post about your activity on social media, and donât miss appointments or create gaps in care. These are routinely used to attack your claim.
Medical Malpractice FAQs
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What is medical malpractice?
Medical malpractice occurs when a healthcare providerâsuch as a doctor, nurse, hospital, or technicianâfails to provide care that meets the accepted standard, resulting in harm to the patient. This can include mistakes in diagnosis, treatment, surgery, medication, or aftercare.
Do I have a medical malpractice case?
You may have a case if: (1) a provider owed you a duty of care, (2) they breached that duty by acting negligently, (3) you suffered harm as a result, and (4) you experienced damages (physical, emotional, financial). We offer free consultations to evaluate your situation.
What are common examples of medical malpractice?
– Misdiagnosis or delayed diagnosis
– Surgical errors
– Anesthesia mistakes
– Birth injuries
– Medication or pharmacy errors
– Failure to treat
– Hospital or nursing negligence
– Dental or chiropractic malpractice
How long do I have to file a medical malpractice lawsuit?
This depends on your stateâs statute of limitationsâtypically 1 to 3 years from the date of the injury or discovery. Exceptions may apply in cases involving minors or delayed symptoms. Consult an attorney promptly.
How much does it cost to hire a medical malpractice lawyer?
Most medical malpractice lawyers, including our team, work on a contingency fee basisâmeaning you pay nothing upfront. We only get paid if we win or settle your case. Initial consultations are always free.
What kind of compensation can I receive?
Compensation may include:
– Medical expenses (past and future)
– Lost wages
– Pain and suffering
– Disability or disfigurement
– Emotional distress
– Wrongful death damages
How do you prove medical malpractice?
We work with experienced medical experts to determine: (1) the standard of care, (2) how it was breached, and (3) how that breach caused your injury. Solid expert testimony and medical records are key.
Can I sue a hospital as well as the doctor?
Yes. Hospitals and healthcare facilities may be liable if their systems, staff, or policies contributed to your injuryâsuch as through poor training, lack of oversight, or administrative failures.
What should I do if I think Iâm a victim of medical malpractice?
– Get a second opinion or follow-up care
– Request your medical records
– Document symptoms, treatments, and communication
– Contact a medical malpractice attorney right away
How long does a medical malpractice case take?
These cases can be complex and may take months to several years, depending on the facts, expert review, and whether the case settles or goes to trial. We guide clients through each phase with transparency and support.
Who can file a wrongful death lawsuit in Pennsylvania?
Be aware that only certain individuals are eligible to file a lawsuit involving the wrongful death of a loved one. In Pennsylvania, the claim is originally to be filed by an officially chosen descendant or a legally appointed personal representative of the victimâs estate should the descendant also be deceased. They are not filing for the money themselves but on behalf of the victimâs beneficiaries, who unless otherwise stated are the âreal parties of interestâ and include spouses, children and parents only.
After six months, if the personal representative has not filed, it falls to other beneficiaries. If the PA medical malpractice claim is not made within two years of the death of the victim, beneficiaries and all other parties forfeit the right to file a wrongful death claim.
Nursing Home Abuse & Neglect FAQs
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What are common signs of nursing home abuse or neglect?
Watch for bedsores/pressure wounds, dehydration or weight loss, bruises or unexplained injuries, recurrent infections (including sepsis), unpaid bills or sudden financial changes, and overall decline without explanation. If something feels off, it often is – document concerns and contact counsel promptly.
Who can be held liable? Just the facility or others too?
Responsibility can extend to the facility owner/operator, management company, on-site medical providers, outside pharmacies, transportation vendors, and staffing agencies. We investigate each link in the chain of care to identify every accountable party.
What kinds of errors lead to liability?
Preventable failures such as missed fall precautions; inadequate turning/repositioning leading to pressure injuries; poor nutrition/hydration; medication errors; delayed diagnosis/treatment of infections (including sepsis); insufficient supervision leading to elopement/wandering; and unsafe transport practices.
How soon should we call a lawyer?
Immediately. Early action helps preserve records, interview witnesses, and secure critical evidence. Legal deadlines vary by state and claim type and can be as short as two years, so acting quickly protects your rights.
What if the facility says the injury was unavoidable because of age or dementia?
âUnavoidableâ injuries are often preventable with proper staffing, assessments, and protocols (e.g., fall prevention, pressure-injury prevention, prompt infection care). We compare what should have been done with what actually happened to show negligence.
What compensation is available?
Depending on the case, damages may include medical bills, future care needs, pain and suffering, and in wrongful death – funeral costs and support for surviving family members.
How do good nursing homes guard against preventable injury?
A well-run nursing facility will have instituted preventative protocols, which are tied into periodic assessments of special resident conditions and risks. These protocols may cover the following:
Staff training and education: All staff should be aware of high-risk residents, signs of increased injury risks and preventative strategies.
Adequate staffing: Key to injury prevention is adequate monitoring, which is hard to accomplish when a facility is understaffed.
Fall-proofing the facility: Changes within the nursing home can make it easier for residents to get around safely. Such changes include the generous installation of grab bars, raised toilet seats, lowered beds and handrails in the hallways.
Exercise programs: These help to improve residentsâ strength and mobility.
Working with residents on anti-injury strategies: Residents without cognitive impairments may benefit from help in planning for scenarios where injuries are more likely.
Room checks: The more frequently staff check in with high-risk residents, the less likely they will be to attempt to use the bathroom or do difficult tasks on their own.
Premises Liability, Negligent Security & Dram Shop FAQs
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What is premises liability?
In personal injury law, premises liability cases deal with incidents caused by an unsafe or defective condition on someoneâs property.
Premises liability cases depend on two factors â the negligence of the owner and/or renter of the space where the injury occurred, and a lack of fault in the plaintiff. Proprietors, landlords and homeowners have a duty to keep their property free from serious hazards. If they fail to do so and someone gets hurt while exercising reasonable diligence, the site operator may be held responsible.
What is negligent security?
Negligent security applies to both commercial and residential properties. While it falls under liability law, it generally holds a property owner liable for negligence in cases of injury or damages that occur due to lack of sufficient security or safety measures. These security oversights can result in injury.
Locations most often liable include but are not limited to:
- Theaters
- Airports
- Amusement Parks
- Apartment buildings
- Concert venues
- Grocery stores
- Hospitals/Nursing Homes
- Office buildings
- Parking garages
- Schools/Universities
- Shopping malls/centers
- Sporting stadiums
What is a dram shop case?
A civil claim against a business that sells/serves alcohol (e.g., bar, restaurant, liquor store) for harm caused by an intoxicated or underage patron whom they unlawfully served. Most jurisdictions focus on injuries to third parties; some allow claims by the intoxicated person, too.
What makes premises, negligent security, and dram shop cases different from standard injury claims?
These cases often involve corporate defendants, multiple insurers, complex evidentiary issues (like surveillance retention and POS data), and specialized standards for security and alcohol service. Experience and early evidence preservation are critical.
Who can be held responsible?
Depending on the facts: the property owner, property manager, commercial tenant, thirdâparty security company, maintenance contractors, franchisor/franchisee, and alcoholâserving establishments that overserved an intoxicated patron or served a minor.
What if the property or bar says it’s not their fault?
Insurers and corporations often deny or shift blame. We perform a thorough investigation, retain the right experts, and pursue every responsible party to maximize accountability and recovery.
Does a DUI charge/conviction automatically make the bar liable?
No. A criminal DUI is separate. Civil liability usually requires proof the vendor served a minor or someone visibly intoxicated at the time of service, plus causation.
Are social hosts (private parties) ever liable?
Varies by state. Pennsylvania: No civil liability for serving adults (Klein v. Raysinger), but hosts can be liable for furnishing alcohol to minors (Congini v. Portersville Valve Co.). For broader state patterns on social-host laws, see NCSLâs 50-state resource.
What causes premises liability cases?
A property owner is held to two expectations within their âduty of careâ â first, they must undertake reasonable measures to ensure their property is safe, and second, they should foresee any harm that may occur from the conditions on their property.
Premises liability cases are often caused by:
- A hidden defect on a walking surface, like a broken stair
- Snow, ice or water left on walkways
- Defective electrical wiring
- Poor construction using cheap materials
- Building code violations
- Slippery floors
- Lack of maintenance
- Lack of signage
- Messy and poorly-lit areas
- Uneven, broken sidewalks
- Design flaws on the property
What damages are recoverable in a premises liability case?
The value of a premises liability claim depends on the extent of the injuries suffered, provided that the plaintiff has done everything in their power to mitigate their injuries. The losses aimed for in a settlement will cover both accident-related expenses and non-economic losses, including:
- Current and future medical bills
- Current and future lost wages from missed work
- Physical therapy
- Pain and suffering
- Wrongful death (in the event of losing a loved one)
What is considered negligent security?
Property owners are responsible for taking necessary actions to ensure that visitors and tenants have minimal risk while on the premises. If inadequate action is taken and injuries occur as a result, the property owners can be at fault.
Understanding if you are a victim of negligent security where property owners may be held liable can be beneficial to you and your law team. Here are some of the most common:Faulty Access Control: If the property has broken or malfunctioning locks, gates, fencing or security access systems. Property owners can be held liable if unauthorized individuals are able to gain access, resulting in harm to authorized patrons. These cases most often involved apartment complexes, gated communities, and office buildings.
Missing or Inadequate Security Systems: Property owners are responsible for proper and regular maintenance of security systems. If they are not adequately monitored, maintained, or are missing from an area deemed high-risk and an incident occurred, property owners can be held liable if the system fails to provide evidence.
Inadequate Lighting: Broken, missing or insufficient lighting can create an environment where assaults and robberies are more likely to occur. Property owners should ensure that all walkways and key access points are well-lit and regularly maintained.
Lack or Inadequate Security Personnel: Property owners are responsible for ensuring that they have adequately staffed and trained security personnel. Patrons expect that security staff on properties are trained to manage a variety of potential situations, not just act as a deterrent. Additionally, there should be adequate security staffing to safely manage the entire property.
Negligent Hiring: In some cases, property owners may be negligent by not performing adequate background checks that lead to harmful behaviors by staff that they have hired.
Products Liability FAQs
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What is a products liability case?
A civil claim arising when a defective or unreasonably dangerous product causes injury or death. Liability can be based on design, manufacturing, or failure-to-warn defects.
Who can be held responsible?
Any entity in the chain of distribution – manufacturers, component suppliers, distributors, and retailers – may be liable. You do not have to choose only one; claims can reach multiple responsible parties.
Do I need to prove the company was ânegligentâ?
Not always. Many claims proceed under strict liability, which focuses on the defective condition and its causal link to your injury. Others proceed under negligence or breach of warranty.
What should I do with the product and packaging?
Preserve everythingâthe product (even if broken), packaging, instructions, receipts, and any remaining parts. Photograph the scene and injuries. Contact us so we can arrange proper evidence preservation and expert inspection.
Is a recall required to bring a case?
No. A recall can help establish notice, but itâs not required. The core question is whether the product was defective and caused harm.
Referrals FAQs
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What kinds of cases do you accept from referring counsel?
Catastrophic injury and wrongful death matters, including trucking and commercial vehicle crashes, medical malpractice, product liability, premises liability, workplace/industrial incidents, and complex third-party liability claims. If youâre unsure, send the facts and weâll review.
Do you pay referral fees?
Yes, where permitted by applicable rules. Referral fees are paid from our attorneyâs fee (never the clientâs recovery) and memorialized in a written agreement with the clientâs informed, written consent, consistent with Rule 1.5(e) (or your jurisdictionâs equivalent).
How are referral fees calculated?
Typically as a percentage of the contingency fee and tailored to jurisdictional rules and your level of ongoing involvement (pure referral vs. joint responsibility/co-counsel). Weâll propose the split in writing upfront so there are no surprises.
Can I stay involved as co-counsel?
Absolutely. We regularly structure matters as co-counsel when you want continued involvement. Roles, responsibilities, and the fee split are defined in a joint representation agreement and approved by the client.
Iâm in another state; can I refer cases to you?
Yes. We handle matters all across the nation and, when needed, associate with trusted local counsel elsewhere. Weâll ensure compliance with pro hac vice and local-rule requirements.
How quickly will you evaluate a referral?
We aim to provide a preliminary assessment within 24â72 hours of receiving core materials. If time is truly of the essence (e.g., preservation issues), note that in your submission and weâll prioritize.
Respiratory Injuries FAQs
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What qualifies as a catastrophic respiratory injury?
An injury that permanently impairs breathing or oxygenation, requires long-term treatment (oxygen, ventilator, rehab), or significantly restricts work and daily life, such as severe smoke/chemical inhalation, ARDS, or permanent airway damage.
What are common causes?
Building fires, CO leaks, industrial/transport chemical releases, defective products (battery fires, appliances), unsafe renovations, hospital airway/ventilator errors, and prolonged occupational exposures.
What if I have asthma or COPD already?
Pre-existing conditions donât bar recovery. The law allows compensation when negligent conduct aggravates or accelerates an existing condition. We document your baseline and the change.
Who may be liable for a carbon monoxide injury?
Property owners/managers, HVAC or appliance installers/servicers, device manufacturers, hotels/short-term rentals, and others who failed to prevent, detect, or warn about CO hazards.
What is ARDS and why does it matter legally?
Acute Respiratory Distress Syndrome is a severe form of lung injury that impairs oxygenation, often after smoke/chemical inhalation, sepsis, or trauma. It supports high future-care damages and long-term disability when tied to negligence.
Can families bring a wrongful death claim for fatal inhalation injuries?
Yes. Eligible beneficiaries may pursue wrongful death and survival actions for economic and non-economic losses. We explain who may file and how damages are allocated under the governing state law..
Severe Burns FAQs
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What is considered a catastrophic burn injury?
Burns that cause permanent functional loss, deepâpartial or fullâthickness involvement, significant %TBSA (percent of total body surface area), inhalation injury, or require multiple surgeries/reconstruction and longâterm care.
How are burns classified?
By depth (superficial, partialâthickness, fullâthickness) and by total body surface area (%TBSA – percent of total body surface area). Some clinicians still reference first/second/third/fourth degree; modern practice emphasizes thickness.
What is an inhalation injury and why does it matter?
Smoke and toxic gases (carbon monoxide, hydrogen cyanide) can damage the airway and organs, increasing ICU stays, complications, and mortality, even when skin burns are limited.
Who might be liable for a severe burn?
Depending on the facts: property owners/managers, utilities, contractors, manufacturers and distributors of defective products, employersâ third parties, transportation companies, and negligent individuals.
What compensation can a burn survivor pursue?
Medical expenses (past/future), rehabilitation and longâterm care, home/vehicle modifications, lost wages and earning capacity, scarring and disfigurement, pain and suffering, and loss of lifeâs pleasures. Where warranted, we evaluate punitive damages early.
If my loved one died in a fire, can the family bring a claim?
Yes. Eligible family members can pursue a wrongful death and survival action. We move quickly to investigate origin and cause, preserve evidence, and identify all responsible parties.
Severe Facial Trauma & Disfigurement FAQs
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What counts as severe facial trauma?
Injuries that permanently impair function (vision, breathing, chewing, speech), require major surgery (ORIF, grafts, flaps, revisions), or cause lasting scarring/disfigurement that affects appearance or expression.
What are common facial injuries after a crash or fall?
Midface (Le Fort) and zygomatic fractures, orbital blowouts, mandibular fractures, nasal fractures, dental avulsions/fractures, facial nerve injuries, eyelid/lip lacerations, ocular trauma, and significant scarring or contractures.
Who can be held responsible?
Depending on the facts: drivers and motor carriers, property owners/managers, product manufacturers and retailers, employers/third parties on worksites, security contractors, medical and dental providers, and event or rental operators.
How do you value the psychological impact of facial disfigurement?
Through expert evaluation (psychology/psychiatry), counseling records, and client/lay witness testimony about anxiety, avoidance, depression, or career effects, paired with visuals that show the real-world change over time.
Severe Orthopedic Trauma (Polytrauma) FAQs
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What qualifies as severe orthopedic trauma or polytrauma?
Injuries that permanently impair function or require staged reconstruction such as multiple longâbone fractures, pelvic/acetabular injuries, open fractures, crush injuries with softâtissue loss, limbâthreatening vascular damage, or amputation.
If I felt âokayâ after a crash but worsened later, do I still have a case?
Often, yes. Some fractures and softâtissue injuries are initially subtle or masked by adrenaline. If negligence caused the harm and medical proof links the deterioration to the incident, you may have a viable claim.
How do you calculate the value of a polytrauma case?
By connecting liability to lifelong needs: surgeries, infection management, rehabilitation, durable medical equipment, home/vehicle modifications, vocational losses, lifeâcare planning, and nonâeconomic harms. Every case is factâspecific.
What is compartment syndrome and why is it so serious?
Itâs dangerous pressure buildup within muscle compartments after trauma. Without prompt recognition and fasciotomy, it can cause nerve/muscle death, infection, and amputation. Delays can form the basis for a malpractice claim where standards of care were not met.
My fracture didnât heal right (malunion/nonunion). Is that malpractice?
Not automatically. We investigate whether the standard of care was metâappropriate imaging, reduction/fixation method, infection control, weightâbearing instructions, and timely revision when healing stalled.
Can infections after fracture surgery support a claim?
Sometimes. We examine sterile technique, antibiotic use, hardware selection, softâtissue coverage, and timing of debridement or revision. A poor outcome alone is not proof of negligence.
What if a defective product made my injuries worse?
We pursue product liability claims for design/manufacturing defects and failure to warn -covering items like vehicle components, safety equipment, ladders, lifts, and power tools.
Can you take my case if I live outside Pennsylvania?
Yes. We handle cases nationwide with local counsel where required and advise on the best venue considering defendants, witnesses, and evidence.
Spinal Cord Injury FAQs
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What qualifies as a catastrophic spinal cord injury?
Injuries that permanently impair motor/sensory function or autonomic control, require major surgery or longâterm assistive care, and significantly limit independence (e.g., injuries resulting in quadriplegia or paraplegia).
Whatâs the difference between complete and incomplete spinal cord injury (SCI)?
A complete SCI eliminates motor and sensory function below the level of injury; an incomplete SCI preserves some function. The classification informs rehabilitation options and damages analysis.
I felt okay after the crash but worsened later. Do I still have a case?
Often, yes. Spinal injuries can be delayed, evolve with swelling/bleeding, or be missed initially. If negligence caused the incident and medical proof links your deterioration, you may have a viable claim.
How are spinal cord injury cases valued?
By linking liability to lifelong needsâsurgeries and followâup care, medications and supplies, inpatient/outpatient rehab, attendant care, mobility devices and technology, home/vehicle modifications, lost earnings/benefits, and nonâeconomic harms. Every case is factâspecific.
What if I had prior back or neck problems?
Preâexisting conditions do not invalidate a claim. The question is whether negligent conduct aggravated or accelerated your condition. We use comparative imaging and expert analysis to establish causation and incremental harm.
What if the atâfault party has minimal insurance?
We look for all coverage sources: multiple defendants, commercial policies, employer liability, product liability, and your own UM/UIM and medâpay benefits. We also address hospital and insurer liens early to protect your net recovery.
What happens when the spinal cord is injured?
A spinal cord injury is damage to the spinal cord that often results in a loss of function, mobility, or even paralysis. Damage to the vertebra (the bones protecting the spinal cord) can occur without there being a spinal cord injury. The outcome of any injury to the spinal cord depends upon the level at which the injury occurs in the neck or back, and the amount of axons (nerve fiber that protects a nerve cell) and cells that survive in the injured region. The more axons and cells that survive in the injured region, the greater the amount of function recovery.
A sudden blow to the spine can fracture or dislocate a vertebrae in a manner that can displace bone fragments, disc material, or ligaments, and bruise or tear spinal cord tissue.
What other symptoms are there in spinal cord injuries?
People who survive a spinal cord injury often have medical complications resulting in bladder, bowel, and sexual dysfunction. They may also develop chronic pain, autonomic dysfunction, and spasticity (increased tone in and contractions of muscles of the arms and legs). Higher levels of injury (in the upper back and neck) may have an increased susceptibility to respiratory and heart problems. Here are a few common symptoms seen in spinal cord injuries:
- Spasticity and muscle tone
- Autonomic dysreflexia
- Bladder and bowel problems
- Breathing
- Circulatory problems
- Depression
- Neurogenic pain
- Pneumonia
- Pressure sores/ulcers
- Sexual function
What are the four key principles of spinal cord repair?
- Neuroprotection â protecting surviving nerve cells from further damage
- Regeneration â stimulating the regrowth of axons and targeting their connections appropriately
- Cell replacement â replacing damaged nerve cells
- Retraining central nervous system circuits to restore body functions
What is the cost of treating a spinal cord injury?
The average lifetime cost of treating a spinal cord injury is more than $1 million in health care costs and living expenses. The first year of treatment alone can range from $300,000 to $1 million depending on the severity of the injury. Each subsequent year of treatment ranges in cost from $40,000 to $200,000. These figures do not include indirect costs, such as lost wages, that average approximately $70,000 per year.
Supply Chain Cases FAQs
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What makes supply chain injury cases different from other workplace or vehicle cases?
They typically involve multiple companies (warehouse owners, 3PLs, carriers, staffing agencies, equipment manufacturers) and overlapping insurance policies and safety rules. That complexity demands fast evidence preservation and a coordinated legal strategy.
Who can be held liable in supply chain cases?
Potentially: warehouse or facility owners/tenants, third-party logistics providers, motor carriers and delivery contractors, staffing agencies, equipment manufacturers and maintenance vendors, and property management companiesâplus any negligent drivers involved in yard or roadway incidents.
If Iâm an employee receiving workersâ compensation, can I still have a case?
Often, yes. Workersâ comp may bar claims against your direct employer, but third-party claims can exist against other negligent companies (e.g., a 3PL, trucker, equipment manufacturer, or premises owner). We evaluate all avenues.
What evidence should be preserved after a forklift or dock incident?
Incident reports, CCTV, telematics, maintenance logs, pre-shift checklists, dock controls data, load diagrams, staffing/dispatch records, training certifications, contractor agreements, and the equipment itself (without alteration). We send preservation (spoliation) notices immediately.
How are delivery-vehicle cases within the supply chain unique?
Coverage can shift based on contractor status, whether the driver was on an active route, and layered corporate policies. Establishing control and supervision (not just labels like âindependent contractorâ) is critical to reach the right insurers.
What damages can victims and families recover in supply chain injury cases?
Medical expenses, future care and rehab, lost wages and earning capacity, pain and suffering, scarring/disfigurement, and, in wrongful death cases, funeral expenses and loss of support/companionship.
Toxic Chemical Exposure FAQs
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What counts as a toxic exposure case?
Any harmful contact with a hazardous chemical or contaminant – by inhalation, ingestion, or skin/eye absorption – that causes injury, disease, or death. Cases include workplace exposures, industrial/community releases, and contaminated products or water.
What should I do right after a suspected exposure?
Get medical care, describe the exposure to your provider, document symptoms, photograph the scene/equipment, preserve clothing if relevant, and contact counsel quickly so evidence and notices go out immediately.
How do you prove exposure and causation?
We combine environmental data (sampling, historical releases, SDS/permits) with medical evidence (diagnoses, differential, biomarkers) and expert testimony (toxicology, industrial hygiene, epidemiology).
Can multiple companies be responsible?
Yes. We often pursue manufacturers, premises owners, contractors, and others whose combined failures created the exposure.
What damages can I recover?
Medical costs (past/future), lost wages and earning capacity, home/vehicle modifications, life-care needs, and non-economic harms (pain, suffering, loss of lifeâs pleasures). In egregious cases, we evaluate punitive damages.
What if my exposure happened years ago?
Many toxic injuries have long latencies. We investigate historical records, employer/plant archives, and environmental databases to build a timeline.
Toxic Tort & Industrial Exposure FAQs
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What is a âtoxic tortâ case?
Itâs a civil claim alleging injury or death from exposure to a harmful substanceâat work, at home, or through a product or environment. These cases use medical and scientific evidence to connect the exposure to the resulting disease.
Why are toxic tort cases challenging?
Two hurdles dominate: (1) proving causation (linking exposure to disease, sometimes decades later) and (2) proving the responsible partyâs role in the exposure, especially when products were marketed widely over many years.
What diseases are commonly associated with chemical exposures?
Asbestosis, mesothelioma, leukemia, lung disease, Hodgkinâs disease, aplastic anemia, and silicosis are among the conditions linked to industrial and chemical exposures.
Who can be held liable?
Depending on the facts: product manufacturers, suppliers, contractors, property owners/landlords, employers (where permitted), maintenance companies, and others in the chain who controlled, supplied, installed, or failed to warn about the hazard.
What are the most common diseases associated with chemical exposure?
Chemical and industrial exposure can make itself known over the course of a lifetime â many times, people affected by these exposures no longer work at the companies responsible or live in the homes or areas affected. The fact that the diseases which result are uniformly serious worsens their predicament.
The following diseases are all linked to such exposures:
- Silicosis
- Asbestosis
- Mesothelioma
- Leukemia
- Lung disease
- Hodgkinâs disease
- Aplastic anemia
Traumatic Brain Injury (TBI) FAQs
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What is a traumatic brain injury?
A TBI is an injury that affects how the brain works, caused by a bump, blow, or jolt to the head or a penetrating head injury. TBIs range from mild (concussion) to severe.
Do I have a case if my CT/MRI was normal?
Possibly. Many concussions and diffuse injuries donât appear on routine imaging. Proof often comes from clinical history, neuropsychological testing, balance/vestibular and neuro-optometric exams, and advanced imaging (e.g., DTI) when appropriate.
What about medical malpractice related to a missed brain bleed?
PAâs general two-year limitation period applies, but timing can run from when the injury was (or should have been) discovered. The MCARE Actâs 7-year statute of repose was held unconstitutional by the Pennsylvania Supreme Court in Yanakos v. UPMC (2019), which significantly changed repose-based defenses. These issues are highly fact-specific.
What damages can I pursue in a TBI case?
Medical expenses (past/future), rehab and therapies, home/vehicle modifications, lost wages and earning capacity, household services, and pain, suffering, disfigurement, and loss of lifeâs pleasures. Punitive damages may be evaluated where facts support them.
How do you prove a mild TBI to a jury or insurer?
Through consistent symptom documentation, treating provider notes, targeted specialty exams (vestibular/vision), neuropsych testing, work records, third-party observations, andâwhen warrantedâadvanced imaging and biomechanical analysis.
Are TBIs really that common?
Yes – 69,000+ TBI-related deaths occurred in 2021, and 223,050 hospitalizations in 2018. Many more are treated in EDs or outpatient settings and never hospitalized.
What are the most common traumatic brain injuries?
Our skulls are remarkably resilient, but thereâs so much we still donât know about brain injuries. Some people can withstand severe head trauma without it affecting their brains, while others sustain mild repeated damage with consequences that show up later in life.
The following are the most prevalent types of TBI:
- Penetrating brain injury: Such injuries occur when an object or piece of skull enters the brain. Patients with a penetrating brain injury will need immediate emergency medical treatment.
- Coup or contrecoup: A coup injury occurs under the site of impact on the skull, whereas a contrecoup injury occurs on the side opposite the area that was hit. They can occur individually, or simultaneously, and are usually associated with cerebral contusions.
- Cerebral contusions: These are a type of TBI in which the brain is bruised. They are often caused by blows to the head, and occur in up to 30% of all serious brain injuries. Contusions can cause a decline in mental function, as well as causing the brain to squeeze past parts of the skull, which is a life threatening condition.
- Concussion: Concussions are TBIs which can affect cognitive functioning. Symptoms of a concussion may begin immediately after head trauma, but will often not show up until days after the injury.
- Diffuse axonal: This injury is the result of severed connections in the brainâs nerve fibers, which may lead to coma and permanent injury.
- Hemorrhage: Hemorrhages refer to bleeding in the brain.
- Swelling on the brain: This is caused by fluid collecting in the brain, which increases pressure and may be life threatening.
- Skull fracture: Skull fractures may or may not cause brain damage, but patients with skull fractures should always be evaluated for possible brain injury.
What are the symptoms of a brain injury?
Many of the typical symptoms of âmildâ to âmoderateâ TBIs are difficult to notice, even in the emergency room. It is important to know that because brain injuries are often difficult to detect, many victims rarely receive prompt treatment for their physical and cognitive impairments. In fact, health practitioners often misdiagnose a brain injury, or fail to diagnose them all together.
If you suspect a brain injury has occurred, you need to look for symptoms, which can include:
- Headaches
- Inability to process information at pre-injury rates of speed
- Lack of clear judgment
- Lack of memory and recall
- Reduced level of comprehension including basic information
- Reduced sense of taste and smell
- Slurred speech and incoherent sentences
- Progressive social isolation and alienation, even from immediate family and friends
- Violent behavior
Remember that these symptoms may not always show up immediately. Many people who suffer a concussion will not begin to notice symptoms for several days, and often feel completely fine â until the moment they suddenly donât. Anyone who has suffered an injury to their head should be carefully monitored by another adult, and a physician may recommend that you be woken up every 2-3 hours from sleep to check on your cognitive functioning.
What causes brain injuries in children?
Brain injury in children is most often caused by a fall or by assault. This is commonly referred to as âshaken baby syndromeâ. The other common causes of brain injury in young children are:
- Assault
- Being struck by something
- Motor vehicle accidents
What are the symptoms of a brain injury in young children?
Symptoms in young children can be similar to those seen in adults, but there are few extra details that parents and caregivers should be on the lookout for after any sort of trauma to the head.
Since children often canât talk about whatâs wrong with them, caregivers should watch to see if the child has a dazed appearance or becomes listless and easily tired. Irritability, excessive crying, a change in eating or sleeping patterns, or a loss of balance are also other key warning signs. If a child has a large head bump or bruise on any area other than their forehead, they should seek immediate medical attention. This is especially true for infants under a year old.
Who is most susceptible to brain injuries?
Although anyone can suffer from a brain injury, young children are the most susceptible to brain injuries. Many of the most common birth injuries are caused by brain injury. These injuries often donât require any trauma to occur â a lack of oxygen to the brain, known as hypoxic ischemic encephalopathy, can cause irreversible damage within minutes.
Hypoxic Ischemic Encephalopathy, or HIE can be caused by a variety of factors, including:
- Blocked airway in the infant
- Long or difficult delivery
- Delayed C-Section
- The placenta separating too soon from the womb
- When the mother has too little oxygen
- Umbilical cord issues
- Serious infections in the mother or baby
- High or low blood pressure in the mother
Trucking, Commercial Vehicle & Rideshare FAQs
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What makes trucking, commercial vehicle, and rideshare accidents different from regular car crashes?
These cases are often more complex because they involve corporate defendants, multiple insurance carriers, federal and state regulations, and unique liability issues. Trucking companies, rideshare corporations, and commercial fleet operators have teams of lawyers and insurers working to minimize payouts, which makes having experienced legal representation essential.
Who can be held liable after a trucking, commercial vehicle, or rideshare accident?
Liability can extend beyond the driver to include trucking companies, rideshare corporations (Uber, Lyft), vehicle maintenance providers, cargo loaders, and even manufacturers if defective equipment contributed to the crash. Our attorneys investigate every angle to ensure all responsible parties are held accountable.
What types of damages can victims and families recover?
Compensation may include medical expenses, future care needs, lost wages, diminished earning capacity, pain and suffering, and loss of companionship. In wrongful death cases, families may also pursue funeral costs and financial support for dependents.
How is insurance coverage different in rideshare cases?
Uber and Lyft carry layered insurance policies that apply differently depending on whether the driver was logged in, waiting for a ride, or transporting a passenger. These shifting coverages often complicate claims, and insurance companies frequently attempt to deny or undervalue payouts.
Why are catastrophic injury and wrongful death cases especially challenging?
Because the damages are so severe, corporations and insurers fight aggressively to limit liability. Proving the full extent of future medical needs, lost earning potential, and the immeasurable impact of wrongful death requires experienced attorneys with access to medical experts, accident reconstructionist, and financial specialists.
How long do I have to file a lawsuit after a trucking or rideshare accident?
Deadlines (statutes of limitations) vary by state, but they can be as short as two years. Itâs critical to act quickly so evidence is preserved, and your legal rights are protected.
How much does it cost to hire McEldrew Purtell for these cases?
We work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we successfully recover compensation for you.
What should I do if I lost a loved one in a trucking, rideshare, or commercial vehicle crash?
First, take the time you need to care for your family. When youâre ready, reach out to us. We will guide you through the legal process, protect your rights, and work tirelessly to hold those responsible accountable while securing the financial stability your family deserves.
Vision or Hearing Loss FAQs
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What qualifies as a catastrophic vision or hearing injury?
Injuries that permanently impair function (e.g., legal blindness in one/both eyes; profound sensorineural loss requiring hearing aids or cochlear implantation), require major surgery, or cause lasting disability in daily living and work.
I felt fine after the crash but later noticed blurred vision or ringing. Do I still have a case?
Often, yes. Sensory injuries can be delayed or initially subtle. If negligence caused the harm and medical proof links the deterioration to the incident, you may have a viable claim.
What medical proof helps establish my case?
For vision: visual acuity/field testing, OCT, fundus/optic-nerve imaging. For hearing: audiograms, tympanometry, ABR, otoacoustic emissions. Neuroimaging, operative notes, medication records, and before/after employment/vision/hearing records are also critical.
Are tinnitus and hyperacusis compensable?
Yes, when caused by negligence, these conditions can support damages for medical care, devices/therapy, lost earning capacity, and pain and suffering.
What about injuries from medications or medical care?
We investigate prescribing/monitoring, informed consent, and whether accepted standards were met. Product-liability and medical-negligence theories may both apply.
Can childrenâs claims differ?
Yes. Pediatric standards, developmental impact, special education services, and lifetime care modeling are central for minors.
What if I lost a loved one due to vision/hearing-loss complications?
We bring wrongful-death and survival claims to hold every responsible party accountable and secure the financial stability your family deserves.
Wrongful Death FAQs
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What is a wrongful death case?
A civil claim alleging a death was caused by someone elseâs negligent, reckless, or intentional conduct. It seeks accountability and compensation for the familyâs losses.
Who can file and who receives the recovery?
Rules vary by state. Typically, a personal representative files on behalf of statutory beneficiaries (e.g., spouse, children, parents); distribution follows statute or court approval.
Whatâs the difference between a wrongful death action and a survival action?
Wrongful death compensates family losses (support, guidance, consortium, services). A survival action belongs to the estate and seeks damages the decedent could have claimed had they lived (conscious pain, medical bills, lost earnings to death).
How long do we have to file?
Deadlines vary by jurisdiction and can be shorter for government entities (notice-of-claim rules). Prompt legal counsel is critical to preserve rights and evidence.
What damages can we recover?
Common categories include funeral/burial costs, loss of financial support and benefits, loss of household services, loss of companionship/guidance, andâin a survival claimâconscious pain and suffering. Punitive damages may apply where conduct was egregious.
Do we need to open an estate?
In most jurisdictions, yes. A court-appointed personal representative (or administrator) is usually required to prosecute survival claims and approve distributions.
What if there’s also a criminal case?
Civil and criminal cases are separate. A criminal outcome doesnât control the civil claim, but investigations and testimony can inform liability and damages.
