Archive for February, 2008

Slips and Falls on Ice and Snow - The “Hills and Ridges” Rule

Friday, February 22nd, 2008

Slips and falls on ice or snow can result in Negligence claims by the injured party against the owner or person in control of the property where the injury occurred.  However, Pennsylvania law provides a defense for property owners called the “Hills and Ridges” Rule, which protects them from liability for injuries caused by recent snow or ice […]

Your Fault, Not Mine - The Comparative Negligence Defense

Thursday, February 21st, 2008

The primary defense in a Personal Injury negligence case, like a car accident or slip and fall case, is that the injured person contributed to causing the accident.  In Pennsylvania, this is called Comparative Negligence.  The defense, if proven in court, can reduce the compensation owed to a victim of an accident, or completely eliminate […]

Negligence - When Does an Accident Lead to Legal Liability?

Thursday, February 21st, 2008

Sometimes accidents just happen - car crashes, slips and falls, bad outcomes from medical treatment and other mishaps.  Not all accidents create legal liability. How do you know when someone is legally responsible for an accident?  A legal concept called “Negligence” determines when an accident can result in a legitmate lawsuit.
There are four elements which […]

A Lawyer’s Guide to Purchasing Automobile Insurance - Part Four - Uninsured and Underinsured Motorist Coverage

Wednesday, February 20th, 2008

Having already addressed issues involving choosing Liability Coverage and First Party Coverage, as well as making the Full Tort or Linited Tort election, I will now discuss my last automobile insurance topic in this four part series:  Uninsured and Underinsured Motorist Coverage. 
Since there are countless vehicles traveling the Pennsylvania roads every day with either no Liability […]

A Lawyer’s Guide to Purchasing Automobile Insurance - Part Three - Full Tort Versus Limited Tort

Wednesday, February 20th, 2008

In the first two parts of this four part series on purchasing automobile insurance, I discussed Liability and First Party Coverage.  In this part, I explain the critical selection of a Tort Option, Full Tort or Limited Tort.
Pennsylvania’s Motor Vehicle Financial Responsibility Law provides that consumers purchasing automobile insurance must make a choice of Tort Options […]

A Lawyer’s Guide to Purchasing Automobile Insurance - Part Two - First Party Coverage

Wednesday, February 20th, 2008

In my practice, I find that it is common for my clients to have only a limited understanding of what their automobile insurance covers until they have actually been involved in an accident.  Frequently, my clients are not happy about their coverage but, by then, it’s too late to help them because the accident has […]

A Lawyer’s Guide to Purchasing Automobile Insurance - Part One - Liability Coverage

Tuesday, February 19th, 2008

You are driving through an intersection when, suddenly, you hear the screech of tires and feel another car crash into yours.  Whether the accident was your fault or the other driver’s fault, the decisions which you made when you purchased or renewed your automobile insurance months before will significantly impact how the accident will effect […]

Anatomy of a Lawsuit - Part Two

Monday, February 18th, 2008

In Part One, I described the pre-trial stages of a Lawsuit, including Pleadings, Discovery and Motion for Summary Judgment.  In Part Two, you will learn about both the Arbitration and Trial Stages of a Lawsuit. 
Arbitration
In Pennsylvania, if the plaintiff is seeking money damages of less than $50,000, the Lawsuit proceeds to mandatory Arbitration, rather than […]

Anatomy of a Lawsuit - Part One

Saturday, February 16th, 2008

Hopefully, you have been fortunate to avoid having to pursue or defend a lawsuit and will not have to do so in the future.  However, in the event that you do find yourself entangled in civil litigation, the following is a brief description of the process- the Anatomy of a Lawsuit - which consists of […]