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At Ogg, Murphy, and Perkosky, We stand up for you when you cannot stand up for yourself.
- Gary Ogg, Partner
SCHOOL BUS ACCIDENT School bus drivers and companies have a responsibility in transporting children, and for the reason, they need be held to the very highest level of safety. Many new rules have been put in place to help keep children free of injury while in the care of school bus drivers, but these rules and regulations are unfortunately not always followed and this is when preventable injuries occur.
NECK INJURIES AND BACK INJURIES FROM PERSONAL INJURY The level of severity of neck injuries and back injuries is contingent almost completely upon the nature of the personal injury accident that caused the specific injury. Regardless, however, it is extremely important to consult with a Pittsburgh personal injury attorney who understands these specific injuries so you know your options for personal injury compensation.
NERVE DAMAGE Numerous personal injury clients have suffered nerve damage as consequence a car accident, slip and fall or work accident. Symptoms of nerve damage often do occur instantaneously following a trauma, but develop over days and weeks into the future.
SCAR INJURY A scar is the end result after the skin has healed and repaired the open wound naturally. A scar can be a significant component to a personal injury claim. Personal injuries that result in scaring can often have psychological effects on the victim as well as cause people to look at the victim in a different way.
SIDEWALK ACCIDENTS In sidewalk accidents, one common question is whether the local town or the owner of the neighboring property is responsible for the sidewalk’s condition. Sidewalk personal injuries can be minor or severe enough to be life changing. Contact our team of Pittsburgh personal injury attorneys to determine if you have a case.
ELECTRICAL SHOCK INJURY AND ELECTRICAL ACCIDENTS Electrical personal injuries are a very serious issue faced by Pittsburgh residents each and every day. Electricity, whether it is natural or generated, is an important part of our every day life and can become a hazard to the persons who are exposed to it. If you have suffered a serious injury due to the fault of another person or company, contact our Pittsburgh personal injury lawyers today for a consultation on your injury case.
Types of Personal Injury Compensation in Pennsylvania Compensation for medical bills As a personal injury victim you may be entitled to compensation for your medical bills and estimated future medical bills that are directly related to your injury. It is important to document every single medical expense that you have incurred due to your personal injury.Work wages lost due to the injury It is very important for injury victim to document any lost work time directly related to the injury. If the injury victim has been disabled future work earnings may be estimated if the victim is unable to return to work as a result of the injuries sustained.
Compensation for Pain and Suffering Calculating Damages for pain and suffering is something that makes many insurance companies eager to settle the case. Financial compensation for pain and suffering can reach very high levels due to the pain incurred from a serious personal injury or accident due to the negligence of another.
Emotional Distress Emotional Distress following a personal injury from accident can be equally as difficult to deal with and in some cases may become debilitating. Some accident victims are even fearful to sit in the driver seat of the vehicle again due to the emotional stress from the experience and some cases post traumatic stress that can become life altering and even affect future employment resulting in life long lost income.
Wrongful Death Resulting From A Personal Injury If a personal injury accident results in a fatality, wrongful death cases can be pursued by a family member of the personal injury/wrongful death victim.
Car Accident Concerns for Seniors Written by Steven Sweet - http://www.natlawreview.com/article/car-accident-concerns-seniors
Sunday, March 5, 2017
As a car accident attorney who represents seniors throughout California including Los Angeles, I know that senior citizens involved in motor vehicle collisions are much likelier to suffer from serious injuries than are people who are younger. They may also be more likely to suffer from chronic and debilitating pain after their accidents. While defendants may argue that some conditions are pre-existing and were not caused by the accidents, if the accidents caused the symptoms of the conditions to worsen, the plaintiffs may still recover damages. It is also not a defense to the recovery of damages that the victim was injured solely because of his or her fragile state even if the accident would likely not have resulted in an injury if the victim was younger. An experienced California personal injury lawyer may help to build the necessary evidence to show that the accident caused the plaintiff’s injuries or the worsening of the client’s symptoms of a pre-existing condition.
How seniors may differ when they are injured in accidents
According to a study that was published in the “Annals of Emergency Medicine,” the second most common cause of injuries to seniors is car accidents. In a longitudinal study from 2011 to 2014, the researchers reviewed cases involving seniors who were ages 65 or older who presented at one of eight emergency rooms following motor vehicle accidents.
The researchers conducted follow-up interviews with the 161 patients following their discharges from the emergency departments. They used pain scales ranging from zero to 10 and assessments of 15 different body parts. Seventy-two percent of the participants reported pain that was moderate to severe at the time of their evaluations. After six months, 26 percent still reported moderate to severe pain. Seventy-three percent of those who suffered from chronic moderate-to-severe pain also demonstrated declines in their abilities to physically function. These declines were much higher than the functional declines that were demonstrated by people who did not suffer from moderate-to-severe pain. Thirty-six percent of those who did not report ongoing chronic pain suffered from functional declines by comparison.
What is an eggshell plaintiff in California?
California law incorporates a legal theory that is called the eggshell plaintiff from the common law. Under this theory, defendants must take plaintiffs as they find them. This means that the fact that an accident would not have caused the types of injuries that were caused in more fragile people is not a defense to a personal injury civil lawsuit. This means that a negligent driver who causes an accident that injures an elderly person may not escape liability simply because a less fragile, younger person would not have been injured in a similar accident.
Exacerbation of prior conditions
It is a common tactic for auto insurance companies to scour through the medical records of injured victims following car accidents. They do this to try to identify any pre-existing conditions so that they may dispute their insureds’ liability for causing them. Insurance companies may argue that the injuries were not caused by the accidents but instead already existed. While this may be a defense, it is not a complete one if the accident caused the underlying conditions to worsen. In California, if a negligent driver causes an accident that then causes a victim’s pre-existing condition to worsen, the driver may be liable to pay damages to the full extent of how much the condition has worsened.
Elderly people often have pre-existing conditions that are made worse when they are the victims of car accidents. The fact that they already had medical issues will not preclude their recovery of damages if the accidents made their conditions worse. For example, if elderly people have pre-existing back problems such as bulging discs and are then struck by another vehicle, the elderly people’s pre-existing back problems may be exacerbated. They may be left unable to walk or suffering from worsened pain after the accident. Just because they already had bulging discs in their backs does not mean that their recoveries will be barred.
How an experienced personal injury lawyer might help a senior citizen injured in California
Experienced personal injury attorneys are aware of the fact that defendants may not avoid liability because of the fragility of senior citizens or in the event that the accidents worsened pre-existing injuries or medical conditions. When lawyers have such cases, they may employ the help of medical experts. The experts may help by reviewing the clients’ medical records and opining about the impacts the accidents had on their conditions and functional abilities. The lawyers may also get the help of financial experts who might be able to give their opinions on the likely costs the victims may face because of the worsened nature of their conditions.
The Pittsburgh personal injury lawyers of the law firm Ogg, Murphy, and Perkosky have both the experience and resources to get you the compensation that you deserve. A personal injury hardship can leave an individual in a very difficult situation, and the injured person may even find themselves dealing with strong resistance when pursuing personal injury compensation. Our Pittsburgh area personal injury lawyers deal with a large variety of personal injury situations such as debilitating injuries caused by a vehicle accident, workplace injury, private property management, a hazardous product, or a variety of other things. Our Pittsburgh personal injury lawyers are the best at what they do and leave no stone un-turned when investigating a personal injury case.
When you recruit the help of a knowledgeable and experienced Pittsburgh personal injury lawyer, you will then have the ability to feel some relief that your situation is being handled at the highest standards. Personal injury lawsuits that are won or settled in the state of Pennsylvania result in financial compensation for the victim or the victim's family. A personal injury law firm that knows how to protect their clients is what victims of injury need to ensure they receive the best legal care and compensation. Below is some general information to help you understand what types of compensation may be available to personal injury victims and their families.
Personal injury damage recovery is intended to "make the plaintiff whole" after a serious personal injury has taken place. Making an injury victim whole again is not always possible, and it can be very challenging to put a financial number on damages like physical and emotional pain and suffering. The goal is to put the injured victim back in place as if the accident that caused the personal injury never even happen to begin with. Our Pittsburgh Personal Injury Attorneys focus in doing this in the most effective way possible allowable under the laws of The State of Pennsylvania. The specific damages that are able to be obtainable in an injury claim can be different from one another depending on the type of case, the specifics of the injury incurred and many other variables.
The best way to determine what kinds of personal injury compensation you may be entitled to can only be determined by an experienced injury attorney with the knowledge and expertise to understand every aspect surrounding the cause of your injury, the extent of your injury and how it will affect the rest of your personal and working life. Experienced personal injury attorneys also have another skill set that includes strategically locating expert witnesses, such as surgeons, scientists, and other professionals to give their opinions on the matter.
The Pittsburgh Personal Injury Lawyers of the law firm, Ogg, Murphy and Perkosky, focus on all major types of personal injury cases and have the incredible ability to give you the very personalized attention that large law firms are simply unable to provide. Many large personal injury law firms in Pittsburgh and across Pennsylvania may try to settle your personal injury case long before it is time. Our Pittsburgh injury attorneys never tell you to settle your personal injury case until it is perfect time for you to receive the compensation you deserve.
The most common personal injury claims happen when an individual is injured when driving or is a passenger in a automobile, bicycle, subway, plane, or bus, but can happen anywhere. Personal injury claims can also include Medical Malpractice, Product Liability, Premises Liability, and Defamation of Character. Here are some examples of personal injury practice areas that are most common.
The Law Firm of Ogg, Murphy & Perkosky represent clients throughout Pennsylvania including Allegheny County, Washington County, Westmoreland County, Fayette County, Greene County, Beaver County, Butler County, Lawrence County, Mercer County, Franklin County, Clarion County, Armstrong County, Indiana County, Somerset County, Erie County, Meadville County, & Jefferson County.
A personal injury lawyer, also known as a plaintiff lawyer or trial lawyer, is a type of civil litigator who provides legal representation to plaintiffs alleging a physical or psychological injury as a result of the negligent or careless acts of another person, entity or organization. Personal injury lawyers specialize in an area of law known as tort law which includes private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. The main goal of tort law is to make the injured party whole and to discourage others from committing the same offense. Personal injury lawyers help plaintiffs receive compensation for their losses, including loss of earnings capacity (due to an inability to work), pain and suffering, reasonable medical expenses (both present and expected), emotional distress, loss of consortium or companionship, legal costs and attorney fees. Personal injury attorneys also work to safeguard clients from being victimized by insurance companies and the legal system. Types of Personal Injury Cases Any case or claim that involves an injury to the body or mind falls under the umbrella of personal injury law. Some of the most common types of cases handled by a personal injury lawyer are: Animal Bite Injuries Auto Accidents Aviation Accidents Bicycle Accidents Boating Accidents Brain Injuries Burn Injuries Construction Accidents Defective Products Insurance/Bad Faith Medical Malpractice Motorcycle Accidents Nursing Home Abuse Pedestrian Accidents Slip and Fall Accidents Spinal Cord Injuries Wrongful Death What Does a Personal Injury Lawyer Do? Personal injury lawyers handle a case from inception through appeal and perform tasks similar to most litigators. Typical tasks include investigating claims; screening potential clients and evaluating the merits of their case; gathering evidence; formulating legal theories; researching case law; drafting pleadings, motions and discovery; interviewing and deposing witnesses; preparing for trial; advocating at trial; and counseling clients. Personal injury lawyers often juggle large case loads, tight deadlines and demanding clients. However, many lawyers find the most rewarding aspect of personal injury practice is helping injured victims and their families seek justice through the legal system. Since many personal injury lawsuits are extremely complex, personal injury lawyers may specialize in certain niche types of cases. For example, personal injury attorneys who handle medical malpractice may specialize in breach births; personal injury attorneys who routinely litigate motor vehicle accidents may specialize in ATV rollover accidents. Find the whole article at https://www.thebalance.com/what-is-a-personal-injury-lawyer-2164350
If you have been injured or have a loved one that has suffered an injury or death, there is help available. You don't need to suffer or struggle due to someone else's mistake. If you need legal aid to help make a right a personal injury case - Our lawyers are here to help you fight for what you deserve.
Why Ogg, Murphy, & Perkosky For Your Personal Injury Lawyers?
The Pittsburgh personal injury attorneys at Ogg, Murphy and Perkosky are the best at what they do. With over 30 years of experience fighting for personal injury victims who have suffered injuries due to another’s negligence, we are known for representing our clients to ensure a positive outcome. Our Pittsburgh injury attorneys will fight to get you the financial compensation that you deserve. Our experienced personal injury law firm has the resources to wage a powerful fight in court. We will never suggest that you settle your case until you are satisfied and fully compensated for the injuries sustained. Our personal injury law firm serve victims throughout the Pittsburgh area and across the state of Pennsylvania. We are the Best Pittsburgh Personal Injury Law Firm here to serve you. When you or a family member have been the victim of a personal injury because of the careless actions of another, you may be entitled to financial compensation for your personal injury, medical expenses and any related costs including the possibility of further financial compensation to cover future expenses, lost work wages and to also be compensated for the pain and suffering that were caused by the personal injury. Our Pittsburgh personal injury attorneys are the best in Pittsburgh and understand that many injury victims do not have the means to hire a personal injury attorney to fully protect their rights. Most victims of a personal injury claim in the Pittsburgh area do not have the costs that are associated with the injury calculated into their monthly budget. This is why we do not charge a fee unless you are compensated for your injury. With the addition of medical bills, lost wages, and other financial worries caused by the accident, life can become very challenging suddenly. Do not allow these obstacles caused by a personal injury prevent you from hiring an experienced personal injury lawyer to assist you in obtaining the full amount of compensation that you are entitled to under the law. Our personal injury law firm will cover all legal expenses and associated costs until the end of your case. If we are unable to recover a personal injury settlement for you, you do not owe us a fee. This is called a “contingency fee” arrangement and is common among attorneys who handle personal injury cases. The Firm offers a free initial consultation to discuss your personal injury claim. Most victims of personal injury do not have the resources to hire a personal injury law firm to protect their rights. An unexpected injury is most often not a part of your household budget. Medical bills and lost wages along with other financial concerns can greatly complicate your situation. If we are unable to recover financial compensation for you, based on your injuries, there will not be a fee for our services. This is commonly known as a “contingency fee.” Attorneys put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence and oppose the large insurance carrier law firms. The law firm that you eventually choose should be able to cover the expenses for these battles and be the best in what they do.
The Personal Injury Law Firm of Ogg, Murphy & Perkosky has the resources, the experience and the dedication to resolve your case successfully. Contact us, to schedule a free, no obligation consultation. To schedule a free initial evaluation of your case please call 844.451.0104 or visit our “Contact Us” page. All phone calls/inquiries will be answered immediately.
http://statelaws.findlaw.com/pennsylvania-law/your-pittsburgh-personal-injury-case-the-basics.html Pennsylvania's Negligence Laws: How much does "fault" matter?
In order to win your case, you must prove the defendant was negligent or "at fault" for your injuries. There are a number of different ways to prove fault. It will depend on the particular circumstances.
However, your own actions may affect your ability to recover damages. In Pennsylvania that's called "comparative negligence." Don't let the name intimidate you. It's possible that both you and the defendant were responsible for the accident. But you are barred from collecting any damages from the defendant if it is determined that you are more than 50 percent negligent/at fault. Otherwise, if you are found less than 51 percent, your final award is reduced by your percentage of fault.
Sometimes more than one person may be at fault for an accident. Under Pennsylvania's Fair Share Act, if two or more parties are found liable for a victim's injuries, the law states that each defendant is responsible for only their share of the fault.
So if you are suing two defendants, A and B, and A is 99 percent at fault and B the other 1 percent at fault, instead of both being liable for the full recovery amount, Defendant B is only liable 1 percent of the damages awarded to the victim, not the entire amount.
How long do I have to file a complaint?
The standard time limit for a personal injury claim in Pennsylvania is two years from the date of the incident causing the harm. There are some exceptions for minors, mentally impaired persons, and military. Remember, even if you have a legitimate claim you may be unable to ever receive compensation for an accident if you are late in filing.
How can I protect my rights?
Keep a journal and calendar: As soon as possible after the accident write down every important detail you can, including the harm that resulted and its effect on your daily life. Continue to keep notes as your claim progresses and keep track of dates including medical appointments.
Report the accident: Report the accident to the police, your insurance company or, in some circumstances, the person/entity you believe is responsible and get his or her name and address. If you are contacted by the insurance company which represents the responsible person, remember that it is best not to give the company a statement without first contacting a lawyer.
Preserve the evidence: Evidence is the strongest link to winning personal injury cases. Take photos or videos from all angles at the accident scene and of the damages suffered. If injured, consider taking photographs periodically of the injuries.
Obtain medical records: The federal Health Insurance Portability and Accountability Act (HIPAA) gives you the right to obtain a copy of your medical records from any medical provider.
Gather the necessary information. Obtain police reports and the identity of any witnesses (name, address, phone number).