Frequently Asked Questions

Answers to common legal questions:

My wife caught her foot in a hole in a mall parking lot and suffered a broken leg. Is she entitled to recover money damages for the injuries?
I was injured by an uninsured driver. Is there any way that I can recover for my injuries?
I was injured in a motor vehicle accident while in the course and scope of my employment. The motor vehicle accident was caused by another driver who crossed a double yellow line, entering my lane of traffic. I received workers’ compensation benefits to cover my wages and medical bills. Can I collect workers’ compensation benefits and also sue the responsible party?
My husband suffered very serious injuries when a drunk driver crossed the double yellow line on Frankford Avenue, causing a head-on collision. The intoxicated motorist had been drinking for many hours in a local tavern. Are drinking establishments responsible for the negligent conduct of intoxicated patrons?
I injured my neck and arm in a serious motor vehicle accident. The driver who hit me was clearly at fault, but he only has $15,000 of liability insurance. What are my legal options?
My wife is suffering from a disease that was not diagnosed by her doctors. How do I know if I have a medical malpractice claim?

My wife caught her foot in a hole in a mall parking lot and suffered a broken leg. Is she entitled to recover money damages for the injuries?
Most likely, yes. First, it must be determined who was responsible for maintaining the parking lot. The mall owner or a mall tenant may be responsible. Also, the mall owner may have contracted with a maintenance company, etc. Further, it must be determined whether the responsible party either knew of the hazard or reasonably should have known of the hazard that caused your wife to fall. Pictures should be taken of the hole. The amount of money damages that your wife would be entitled to receive depends on the nature and extent of your wife’s injuries, and whether she has a complete physical recovery.

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I was injured by an uninsured driver. Is there any way that I can recover for my injuries?
Hopefully, you elected uninsured motorist coverage with your own insurance company. Statistics show that over 30% of the vehicles in the Philadelphia area are uninsured, so your chances of being hit by an uninsured motorist are high. To protect yourself, you should carry uninsured motorist coverage. If you have such coverage, then a claim can be brought with your own insurance company to obtain compensation for your injuries, pain and suffering. Before we submit a claim, we would, of course, obtain all of your medical reports with respect to the diagnosis of your injuries and the prognosis for your recovery.

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I was injured in a motor vehicle accident while in the course and scope of my employment. The motor vehicle accident was caused by another driver who crossed a double yellow line, entering my lane of traffic. I received workers’ compensation benefits to cover my wages and medical bills. Can I collect workers’ compensation benefits and also sue the responsible party?
You may collect workers’ compensation benefits in the form of wages and medical bills while also pursuing a personal injury claim against the party responsible for the motor vehicle accident. Keep in mind, however, that under Pennsylvania law, if you recover monetary damages from the responsible party, you may have to reimburse the workers’ compensation insurance company for benefits which it paid to you. This is a fairly complicated legal area and you should consult an experienced personal injury attorney to sort out these issues.

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My husband suffered very serious injuries when a drunk driver crossed the double yellow line on Frankford Avenue, causing a head-on collision. The intoxicated motorist had been drinking for many hours in a local tavern. Are drinking establishments responsible for the negligent conduct of intoxicated patrons?
Pennsylvania’s Dram Shop Act is a law that imposes liability on drinking establishments for any injuries that result from serving alcohol to visibly intoxicated persons. “Dram Shop” means a drinking establishment or a place where you can buy alcohol and drink it in the premises, such as a bar, tavern, saloon or restaurant. Under the Dram Shop Act, your husband may be able to recover monetary damages from the drinking establishment where the drunk driver was served if there is evidence that the tavern owners/managers served the drunk driver while he was visibly intoxicated. In such cases, visible intoxication is often proved through eyewitness testimony as well as expert testimony from toxicologists.

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I injured my neck and arm in a serious motor vehicle accident. The driver who hit me was clearly at fault, but he only has $15,000 of liability insurance. What are my legal options?
The value of your claim may be substantially more than the $15,000 of available liability insurance. If so, the other driver’s insurance company should pay you his $15,000 policy limits, and you could then proceed against your own insurance company, provided you have underinsured motorist coverage as part of your policy. Warning: Do not complete the settlement with the negligent driver’s insurance company and sign any releases until you have notified your own insurance company and obtained their consent to settle. You should seek the help of an experienced personal injury attorney.

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My wife is suffering from a disease that was not diagnosed by her doctors. How do I know if I have a medical malpractice claim?
Your wife’s medical records and history would have to be reviewed by other doctors to determine if your wife’s illness should have been diagnosed by her own doctors using the reasonable standard of care in your community. If her doctors failed to properly diagnose her illness and such failure led to further complications, then she may indeed have a valid medical malpractice claim. When we handle medical malpractice claims, we engage medical professionals as experts to review the medical records and give us an expert opinion as to the alleged breach of care and the resulting consequences of such breach.

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