Personal injuries are not always accidents. Negligence may be involved when someone has been injured or even killed. Many times, victims of personal injuries need assistance. Someone who suffers a slip and fall injury will build a different case with their lawyer than someone hurt in a car accident or injured as a result of medical malpractice. Those injured should consult with the Philadelphia personal injury lawyers at McCann & Wall, LLC as soon as possible to determine the most appropriate course of action.
We are a firm of experienced trial lawyers dedicated to providing legal representation to individuals or families who have been injured in an accident. We are not afraid to take powerful opponents to trial in order to recover the most favorable outcome possible. While also assisting whistleblowers in federal cases, we bring a unique perspective to our clients’ personal injury cases, and we have obtained numerous multi-million-dollar settlements and verdicts on behalf of our clients.
Birth injuries occur when a doctor or midwife uses too much force or improper tools during labor and delivery. The baby could be permanently disabled or disfigured because of the techniques used, and the mother could also be injured during the process. These children might grow up without the means to care for themselves, or they may have major obstacles to overcome as they hope to lead normal lives. A personal injury lawyer should investigate the case and determine if the doctor or midwife was negligent. Medical experts might also be called in to testify to the efficacy of the methods used during the birth.
When someone has been injured in a car accident that they did not cause, they can sue the at-fault driver for damages. The at-fault driver might have caused damage to personal property, destroyed the victim’s car, and injured other drivers or passengers. Medical bills will pile up when someone has been seriously injured in a car crash, and the at-fault driver must be held accountable. Drivers and/or passengers should try to collect as much evidence at the scene as possible. Pictures of the accident scene and eyewitness testimony will make quite a difference when the case is filed. In addition to the at-fault driver, a car accident lawyer will determine if any other entities are liable, including the manufacturer of the vehicle, its parts, or the owner/manager of a commercial truck.
Although children can fall and hurt themselves as they play, there are instances in which a child’s injuries are compensable. Schools, churches, daycare centers, and school systems that do not properly maintain playground equipment can be held liable for a child’s injuries. Children who are playing on an icy blacktop that has not been properly treated or cleared can be seriously injured, and those injuries are also compensable.
If a facility that serves children throughout the day is moldy or unsafe, prolonged exposure could cause severe health problems for these children. Parents must contact a personal injury lawyer as soon as possible so that their child’s medical expenses, rehabilitation, and pain and suffering can be covered.
Accidents involving construction workers are covered under the employer’s Workers’ Compensation insurance. Someone who is passing by a construction site or working as a subcontractor is likely not covered by Workers’ Compensation. Construction debris, parts, and tools could cause injuries as people pass by the worksite. Additionally, construction sites might leave little to no room for passage for pedestrians. A lawyer should review each case to determine who caused the construction accident.
Something as simple as dust from a worksite could cause pedestrians to slip and fall. These accidents can be quite serious, and the injuries could cost hundreds of thousands of dollars to treat. Moreover, construction sites have machines and vehicles that are driven on and off the site throughout the day. If one of these machines or vehicles is involved in an accident, the construction company or operator can be held liable for those damages.
The Federal Employer’s Liability Act (FELA) was enacted in 1908 to protect railroad workers who were injured on the job. This law is unique because it provides compensation for injured workers while also allowing those workers to sue their employers for negligence.
The law uses comparative negligence. This means that a worker’s monetary reward drops if they are found to be partially at-fault for their injuries. If any negligence is found on the part of the railroad, the worker can sue the railroad for that negligent behavior. FELA covers more than just injuries sustained while on the job. The law also provides compensation for workers exposed to asbestos or those who experienced long-term exposure to any other type of dangerous chemical. Cumulative trauma and even repetitive motion injuries are also covered under FELA.
Workers should reach out to a lawyer experienced in FELA cases if negligence played a part in a recent accident or injury. The railroad and their insurance company have lawyers ready to protect their interests, and the same should be true for injured workers. Families also need to know if their loved ones are covered under FELA in the event of a railroad worker’s untimely death.
The Marcellus Shale field is one the largest oil and gas finds in the world. The field stretches from Tennessee to New York with untapped reserves of oil and gas. Crews in Pennsylvania have been working around the Marcellus Shale field while handling hydraulic fracking, drilling in search of flammable gases, refining, and construction. Businesses operating in the area might not use the appropriate safety precautions, or they may not understand how to properly outfit their workers. A new safety law may need to be written because of a severe injury that occurs. Even so, a victim deserves to be compensated for their pain and suffering.
New machines that have been designed to work in the Marcellus Shale field could turn out to be faulty, and workers might not know how to remain safe because the operation is relatively new. In short, work around the Marcellus Shale is not commonplace, has not been perfected, and could cause injuries at any time.
Workers in this area could be hurt by machines used for fracking, or they might be injured when driving vehicles as part of the operation. Employees might be hurt in and around refinery operations, just like anyone else who is on the job. Slip and fall accidents are common, and vehicle accidents could occur as shipments enter and exit the facility.
Explosions occur on these worksites because hydraulic fracking involves high-pressure gas that is stored underground, along with dangerous machines used during the process. Someone who is drilling for flammable gas could cause an explosion, or materials used to manage machines on site could explode while sitting in storage. These workers, as well as residents in the area, might also be exposed to toxic chemicals or contaminated water. Working with a lawyer will help the family, employee, or residents understand how to file a claim for damages.
Medical malpractice involves any level of wrongdoing on the part of a medical professional. Doctors or nurses might dismiss patients who complain of symptoms or the doctor might miss an obvious diagnosis that could have been confirmed with a simple test. Hospitals or medical facilities might use substandard protocols to care for their patients, or the pharmacy might dispense the wrong medication to a patient. Doctors might write prescriptions for the wrong medications, or an improper course of treatment might be ordered. When it is obvious that a medical professional is not acting in the best interests of the patient, they can be sued for medical malpractice. A personal injury lawyer can review the patient’s records and determine how to proceed.
Nursing home abuse is often hidden because victims are not supervised by friends and family daily. Nursing home abuse could be something as simple as leaving a resident in bed without checking the sheets or bed pan. A resident might not be fed properly, or they might be financially abused by someone who has access to their personal information.
In the most troubling cases, those in nursing homes could be physically or sexually abused by the very workers who were asked to look after them. Someone who has been abused is often embarrassed and does not want to talk about it. If staff inside the facility are covering up the abuse, the resident may believe there is nothing they can do.
Families might spot nursing home abuse when a their loved one withdraws from normal activities, suddenly cannot take visitors, or their finances do not seem to be in order. Families are urged to reach out to a personal injury lawyer immediately. It is always better to be proactive when protecting vulnerable loved ones.
Personal injury claims involve any accident or injury that was not the fault of the victim. In most of these cases, someone or some entity was responsible for the injury. Personal injuries often fall into common categories, such as slip and fall accidents, car accidents, or products liability.
Victims, however, should look deeper to determine who caused these accidents. Someone who manages or owns the property where the victim was hurt can be held liable if the property was not maintained appropriately. A manufacturer that creates and sells a defective product can be held liable for its negligence. A construction company can be held liable when trash or debris from the worksite injures an innocent bystander.
Premises liability becomes an issue when the owner or manager of a facility or property has not maintained the space and caused an injury. Office buildings that do not clean their sidewalks could cause slip and fall accidents. Businesses that do not offer safe passage around the property could be liable when someone suffers an injury. Homeowners are also liable if they have not properly maintained their homes.
Public parks and buildings are not immune to premises liability. If someone enters the local courthouse to challenge a traffic ticket and is hurt on the premises, they have grounds to sue for damages. Although these injuries may sound minor, most people who fall could hit their head on the ground; break a bone while bracing for the fall; or suffer severe cuts, lacerations, and even partial disfigurement. A lawyer should review the case as soon as possible.
Products liability refers to defects and malfunctions that occur when a product has not been made properly. Manufacturers are supposed to recall anything that could be hazardous, but these companies do not always know that there is a problem. If someone is injured because of a defective product, they can file a claim against the manufacturer.
A company that made the parts for the product could also be sued for negligence. Everything from a car to a toy could be defective, cause an injury, and force the victim to seek medical attention. A personal injury lawyer should review the injuries and the product to determine who is liable.
Truck accidents are unique and potentially deadly. Someone who is involved in an accident involving a large truck is far more likely to be injured or killed due to the size difference. Truck accidents often occur because truck drivers have been driving too much, have not inspected their vehicles, or have not surveyed the road before making any maneuvers. Trucking companies could be liable for damages if their vehicles are not repaired or serviced properly. Additionally, a truck leasing company could be guilty of mismanagement.
For example, truck drivers cannot drive more than 14 hours a day, and that is only after 10 hours off duty. In addition, the trucking company might have forced its drivers to drive too far. A truck driver who fears for their job could easily cause an accident because they will do almost anything to get to their destination on time.
Passenger vehicle drivers are advised to steer clear of large trucks and allow them to pass whenever possible. Drivers should not ride the brakes in front of a large truck because their vehicles do not have the stopping power to make quick maneuvers. Drivers should also pull over and call 911 to report dangerous conditions involving a large truck. A lawyer can be contacted in the aftermath of a preventable accident.
Whistleblowers help the government recover funds and stop wrongdoing. However, these whistleblowers may be afraid to come forward or even fear for their lives. Although whistleblowers are legally protected from retaliation and termination, there is no guarantee that an employer that may have broken the law will act in good faith.
A lawyer is also needed if the whistleblower wishes to shield their identity while the case is under investigation or in court. Whistleblowers can ask a lawyer to keep their name out of the press, and their lawyers can coordinate with prosecutors to ensure that the whistleblower and their family does not become the subject of media coverage. This may include keeping court records under seal or potentially reporting wrongdoing under a pseudonym.
Whistleblowers are also entitled to a percentage of the money that is recovered. Because of the sensitive nature of a case such as this, a whistleblower often needs a lawyer to support them throughout the process. A lawyer will help the whistleblower understand how to deal with the government, when they must appear in court, and how they can secure their compensation.
Workers’ Compensation is different from a traditional personal injury case in that the employer cannot be sued for liability. Workers’ Compensation is a no-fault system that provides coverage to the injured worker in return for the inability to sue the employer.
Because an insurance company typically handles these claims, the insurance carrier can be held liable if they have not paid out benefits, improperly stopped benefits, or improperly denied the claim. Insurance companies might also try to settle these cases without a formal claim. The employee should not speak to anyone other than their lawyer.
Third parties, such as tool manufacturers and negligent co-workers, can also be sued if it is found that they played a part in the accident. A lawyer should review the case as soon as possible to determine how the worker should be compensated.
A wrongful death lawsuit is a personal injury lawsuit that could have been filed had the victim survived their injuries. When the family of the deceased believes that negligence played a part in their loved one’s death, they have two years to file a lawsuit on behalf of the deceased’s estate. A lawyer experienced in wrongful death lawsuits can carefully review the case to determine the merits of the claim.
Damages in a personal injury case can accumulate as the case is constructed. A personal injury lawyer must review the case and determine the damages incurred by the victims and their families. Most personal injury cases will include damages for the following:
Although a lawyer cannot guarantee a certain monetary award, they will fight for the compensation that the victim and their family deserve. Additionally, a lawyer is willing to ether negotiate a settlement or go to court, depending on the situation.
Reach out to the Philadelphia personal injury lawyers at McCann & Wall, LLC if you were involved in an accident or require assistance with a legal matter. We will review the case, let our clients know what can be done, and fight vigorously for every client’s right to compensation. Call us today at 215-569-8488 or contact us online for a free consultation. Located in Wilmington, Abington, and Media, Pennsylvania; Wilmington, Delaware; and Haddonfield, New Jersey, we serve clients throughout the surrounding areas.
$200 Million in Verdicts/Settlements over the last 15 years
We aggressively pursue personal injury and wrongful death claims on behalf of our clients, to hold corporations accountable for ignoring safety measures in order to turn a quick profit. We have extensive experience taking on powerful interests, including the oil and natural gas companies that have become more prominent in our region in recent years
Verdict for a union painter seriously injured at a construction site
Settlement for family of union boilermaker killed at an industrial site
Verdict for man who died and another man who was injured due to the negligence of a highway construction company
Settlement for the family of a man who was killed when his motorcycle was struck by a commercial truck
Structured settlement against a physician for failure to timely diagnose cancer and for surgical malpractice
Union boilermaker injured in construction accident in Philadelphia
Verdict against Pathmark for a man who suffered fatal injuries from a fall
Verdict on behalf of a man who sustained a traumatic brain injury in a tractor trailer accident
Settlement on behalf of a man injured in a motorcycle accident with a commercial vehicle
Settlement on behalf of a man who fell 10 feet from a ladder and injured both feetand ankles
Verdict on behalf of a man who sustained multiple fractures and required surgery after being struck by a drunk driver
Settlement of premises claim against a regional supermarket chain for serious neck and back injuries suffered in a fall
Settlement for a minor who was seriously burned by a fireplace at a regional hotel
Settlement for a medical malpractice victim
Settlement for individual who was seriously injured when a large tree fell on his work vehicle
Verdict against a site excavation contractor for injuries sustained by a construction worker in a fall
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