Ask the Lawyer - Injury Law
Please let me know what you think about the "Ask The Injury Lawyer" questions we write each week. It usually runs in the Trib on Monday after the Steeler game in the back of the sports section. Below are questions that ran in the Pittsburgh Tribune-Review. For those of you that don't get the Pittsburgh Tribune-Review you can view the questions and answers here on our website.
Also check out our Ask the Lawyer - Criminal Law section!
Keep checking our newsletter section for current updates.
05.14.12
Q: Attorney Tully, can you bring a Wrongful Death claim against a bar when the death occurs at the bar?
A: Yes. For example, recently a bar was held liable for over $6 million for a student's death due to a fall on very narrow steps at the bar. The bar violated a consumer protection statute by not getting a building permit for the steps. Further, the bar avoided complying with the building code laws for over 20 years and the stairs were a safety hazard. We handle all Wrongful Death and Medical Malpractice cases. Call me. No Recovery/No Fee.
05.07.12
Q: Attorney Tully, in a Wrongful Death/Medical Malpractice case, what do you the attorney look to in picking a malpractice expert doctor to testify on our behalf at trial?
A: Excellent question. Fancy medical words mean nothing to a jury. The biggest factor we use in selecting a malpractice expert is how well the doctor can "teach" the jury. How well can the expert explain in everyday language what happened to the client? Also, we consider how well the expert can explain his conclusions in a way that an average juror can understand. Call me. No recovery/no fee.
04.30.12
Q: Attorney Tully, what if a person with sleep apnea dies in the hospital after being over medicated with drugs. Who is responsible in a Wrongful Death/Medical Malpractice case - the doctor or the hospital?
A: Each case is different. Does this example help? A Pennsylvania jury awarded over $800,000 to the estate of a man who had obstructive sleep apnea and was given too much Dilaudid while in the hospital. The over-medication caused cardiac arrest and death. The jury found the hospital 65% at fault and the doctor 35% at fault. No recovery/no fee. Call me.
04.23.12
Q: Attorney Tully, how do I know whether there is medical malpractice in a case where my Dad died during heart surgery at a hospital? Is that a basis for a Wrongful Death action?
A: You raise an important point. Just because a person dies during a surgical procedure, does not mean the surgeon or the hospital is at fault. Most surgeries or deaths at hospitals do not result in Medical Malpractice lawsuits. However, if you are getting the run around about why your Dad died at the hospital, call us. We can help. No recovery/no fee.
04.16.12
Q: Attorney Tully, I still don't get the difference between a Wrongful Death claim and a survival action in a Medical Malpractice case. Help!
A: A survival action is brought on behalf of the deceased person's estate to recover for things like pain and suffering, medical bills and loss of income of the deceased. A Wrongful Death claim asks for money for the family's loss of comfort, society services and financial support of the deceased. Wrongful Death claims are brought on behalf of the parents, spouse or children of the deceased. Call me. No recovery/no fee.
04.02.12
Q: Attorney Tully, in a Tractor Trailer (Trucking)/Auto Fatality case, how do you prove liability against the trucking company?
A: You must prove that the truck driver did something careless and that carelessness caused the death of another person. For example, if the truck driver changed lanes without signaling or rear ended the auto or was speeding and not paying attention, you have a strong case. There are also several ways to calculate damages (money) in a Wrongful Death/Truck Fatality case. Each case is different. Please call me to discuss this. No recovery/no fee.
03.26.12
Q: Attorney Tully, can you go after the bar/tavern that served an intoxicated customer? If the drunk then gets into his car and kills someone, is the bar responsible?
A: Yes. Bars cannot legally serve alcohol to visibly intoxicated persons. The bar can be responsible if a drunk then proceeds to kill someone in an auto accident fatality. In 2010, a Pennsylvania jury awarded over $1 million in damages in a Wrongful Death/Survival Action under similar facts. We do tavern Wrongful Death cases on a no recovery/no fee basis. Call me.
03.19.12
Q: Attorney Tully, how can big jury verdicts in Wrongful Death/Work Place Injury cases help society?
A: A Texas jury recently awarded $82.5 million in a gas plant explosion case. A worker there was killed when he tried to start a heater and it exploded. The worker died the next day. Safety standards were ignored and cost cutting was a priority. Huge verdicts force companies to protect employees for fear of similar verdicts against them in the future. We handle Wrongful Death/Work Place Fatality cases. No recovery/no fee. Call me.
03.12.12
Q: Attorney Tully, in a truck driving/auto accident fatality, before I hire a wrongful death attorney should I first wait to see what the insurance company offers us?
A: You can, but what if the offer is too low? Then six months later, you are starting the football game behind 28-0! Immediately after a tractor trailer/auto accident fatality occurs, the insurance company is often at the scene collecting evidence, measuring skid marks and getting witness statements about the collision. You need someone to do the same. Call me. No Recovery/No Fee. We can help.
03.05.12
Q: Attorney Tully, can you bring a Wrongful Death/Medical Malpractice claim based on what happens to the victim after the surgery?
A: Yes. Last year the estate of a woman who went in for a routine hysterectomy won a $7 million award against her surgeon and the hospital. The surgeon and hospital failed to care for the deceased patient after the surgery. The doctors missed obvious signs of infection after clear warning signs became apparent. Call me. No recovery/no fee.
02.27.12
Q: Attorney Tully, can you get punitive damages in a Wrongful Death case based on the driver using a cell phone when the fatality occurred?
A: Punitive damages involve punishing a Defendant financially for outrageous conduct. Punitive damages seek money beyond general damages for one's actions. A Court recently ruled that using a cell phone while driving in itself is not enough to award punitive damages in addition to general damages. But if we can show the driver was using a cell phone and drinking, we can make a punitive damage claim. No recovery/no fee. Call me.
02.20.12
Q: Attorney Tully, do huge jury verdicts and settlements only occur in Wrongful Death/Medical Malpractice and Survivor cases?
A: No. Each case is different. But if we can prove objectively that you have suffered a permanent injury, the value of the case can be quite high. Liability is another issue to deal with. Other cases, where the victim was hurt but the injuries are soft tissue in nature, usually do not result in such a high offer or verdict. We handle all injury cases on a no recovery/no fee basis. Call me.
02.13.12
Q: Attorney Tully, what are some of the common situations where a Wrongful Death case occurs?
A: One of the most common situations where a Wrongful Death occurs involves medical malpractice cases. If a loved one dies due to the carelessness of another, whether it is a doctor or a hospital, there is a potential Wrongful Death claim. Another common situation is a trucking accident fatality where a person dies because of the careless driving or conduct of the trucking company. We handle both cases on a No Recovery/No Fee basis. Call me.
02.06.12
Q: Attorney Tully, in your opinion, what drives big jury verdicts in Wrongful Death/Nursing Home Abuse cases?
A: Often it involves juries being upset with the way a company treated the deceased victim. A Florida jury recently awarded $200 million to the estate of a 92 year old woman in a Nursing Home/Wrongful Death case. The poor woman died after falling down a staircase while strapped in her wheelchair thru neglect and under-staffing at the nursing home. I will review your Wrongful Death case on a No Recovery/No Fee basis. Call me.
01.29.12
Q: Attorney Tully, can a person be convicted based upon a victim identifying the wrong person at trial?
A: Yes. We have a very good criminal justice system in America but not a perfect one. Scientific research over the last decade has shown that eyewitness identification is one of the least reliable forms of evidence at trial. The U.S. Supreme Court recently reaffirmed that unless there is some showing of police misconduct, that it is solely up to the jury to decide if the victim's identification of the Defendant is correct or not. Call me.
01.16.12
Q: Attorney Tully, can the fiancee of a decedent bring a Wrongful Death action against a nursing home?
A: It's unlikely. A fiancee tried to recently and the case was dismissed. The Wrongful Death Statute (42PaCS§8301) spells out who may bring a claim on behalf of a deceased person. A suit may only be brought by the personal representative of the deceased. Only the decedent's spouse, children or parents are recognized as beneficiaries in a Wrongful Death action. Any money recovered in the case would go to them. We can help.Call me. No recovery/no fee.
01.09.12
Q: Attorney Tully, in a tractor trailer/wrongful death lawsuit, can you get into the hiring and training practices of the negligent trucking company?
A: Yes. A jury recently awarded $7 million over a tractor trailer crash that killed a man. In that case, it was alleged the truck driver wasn't properly trained to drive the rig, was overtired, unqualified and had two previous license revocations. Also, the truck driver who caused the auto fatality had already driven too many hours that day according to Federal guidelines. We can help. No recovery/no fee. Call me.
01.02.12
Q: Attorney Tully, I read in a Wrongful Death/Survivor case that the first jury awarded $0 in damages for the survivor action. Then the case was retried and a different jury awarded $10 million for the survivor claim. How can that be?
A: Juries vary. 12 jurors see the value of a Wrongful Death/Survivor claim at one number. 12 different jurors hear similar facts and arrive at a completely different number. Who is right? The answer is they both are. They just view the facts very differently. Call me. No recovery/no fee.
12.26.11
Q: Attorney Tully, in a Wrongful Death case what effect would prior violations of a similar condition have on the death claim?
A: It could have an enormous effect. Recently a woman died when she stepped on the elevator in a 25 story building. The elevator doors suddenly closed on her. The poor woman died when the elevator quickly shot upward while she was trapped in the doors! The building inspector had issued 56 prior violations to the building. Several involved the elevator doors. Call me. No recovery/no fee.
Merry Christmas to all our Readers!
12.19.11
Q: Attorney Tully, in a Wrongful Death case, if the son is unmarried with no children, can his parents make a Wrongful Death claim?
A: Yes. The Wrongful Death damages are not just limited to the "loss of services" the son would have provided his parents had he lived. The parents are also entitled to the money a jury awards based upon the psychological and emotional loss of the child to the parents. Wrongful Death money is small consolation in this case, but it's all the law can give. Call me. No recovery/no fee.
12.12.11
Q: Attorney Tully, can you go after a car manufacturer for a Wrongful Death fatality?
A:Yes. A jury recently hit Ford with a $73 million verdict in a rollover crash fatality. The rollover killed or severely injured several victims. A recalled tire blew out causing the deaths. Ford apparently made limited efforts to help in the tire recall effort. We handle rollover fatality cases on a no recovery/no fee basis. You do not repay us anything (not even costs) if we do not get you money. Call me.
12.05.11
Q: Attorney Tully, in a Wrongful Death case can you bring a claim against the driver's parents for letting their child drive their car, when it was the child who caused the auto accident death?
A: Yes. Legally it's called Negligent Entrustment. Did the parents know their child was an incompetent driver and let him use the car anyway? If the parents knew the child had many prior accidents, used his cell phone to text while driving and had prior speeding tickets that would likely be enough. Call me. No recovery/no fee.
11.28.11
Q: Attorney Tully, do most medical malpractice/wrongful death trials result in money for the family of the deceased?
A: Most jury verdicts in medical malpractice cases are in favor of the doctor/surgeon and the hospital. This means the family recovers no money in the case. Some Courts have gone years without a single verdict against a doctor or hospital. When there is a medical malpractice verdict, it's usually huge since the damages might involve the death of the patient or patient paralysis. Call me. No recovery/no fee.
11.21.11
Q: Attorney Tully, are the amounts of the biggest jury verdicts going up or down?
A: The top ten jury verdicts in the United States are on the rise. The average size of those monster jury awards in 2010 was about $15 million. These included verdicts in cases ranging from medical malpractice claims, drunk driving fatalities, trucking collisions, breast cancer and pharmacy errors, workers compensation and insurance bad faith, van rollovers, tobacco deaths and gas explosion verdicts. Please understand that most jury awards are very conservative (low). Call me. No recovery/no fee.
11.14.11
Q: Attorney Tully, who is responsible when a coal train derails resulting in someone's death?
A: Usually it's the railroad company. Recently a coal train derailment caused the death of a 15 year old boy. A Wrongful Death claim followed which resulted in a multi-million dollar settlement. The railroad company used an unqualified engineer to descend a mountain curve. The train derailed on the curve resulting in the child's death. The engineer was not certified to operate the coal train resulting in the fatality. Call me. No recovery/no fee.
11.07.11
Q: Attorney Tully, legally, what is the likely outcome of the recent deadly outburst of contaminated cantaloupes?
A: According to the Centers for Disease Control there are at least 25 deaths and over 120 serious illnesses from Jensen Farms contaminated cantaloupes. The 25 deaths will probably result in separate Wrongful Death claims or possibly even a Class Action lawsuit. If any family is the victim of this tragic situation, they should contact an attorney. No one should die from deadly bacteria in today's society. We handle cases on a No Recovery/No Fee basis.
10.31.11
Q: Attorney Tully, can you bring a Wrongful Death claim against a trucking company based on the company's negligence that is unrelated to driving on the highway?
A: Yes. A jury recently awarded over $3.4 million to the family of a deceased air brake repairman for a non-driving related death. The repairman was killed because a trucking company employee moved the truck forward while the repairman was under the truck testing the brakes. The repairman died from the employee's negligence, so the company was responsible. Call me. No recovery/no fee.
10.24.11
Q: Attorney Tully, can you bring a Wrongful Death claim against a hospital and its doctors for their failure to properly monitor a child's breathing while at the hospital?
A: Yes. In fact, a jury returned a $5.3 million verdict in a similar case. That jury decided the hospital staff was negligent in failing to properly manage a 12 year old girl's airway at the hospital. The child died in the hospital. The family filed a Wrongful Death case against the hospital and its doctors. No recovery/no fee. Call me about this.
10.17.11
Q: Attorney Tully, if a truck driver is using a cell phone and the driver's inattention leads to a fatality, what legal options are available to the family of the deceased?
A: You may consider filing a Wrongful Death and Survival action against the truck driver's company. Unfortunately, this tragedy is all too common. Truckers use cell phones frequently. For example, last year a truck accident fatality that killed 11 people was likely caused by the truck driver using his cell phone while driving. 11 Deaths! Call me. No recovery/no fee.
10.10.11
Q: Attorney Tully, can you bring a Wrongful Death claim based on the hospital emergency room doctors releasing a patient too early from the hospital?
A: Yes. The length of time from when the deceased left the E.R. and when she died is crucial in Wrongful Death claims. Recently a jury awarded over $4 million to the family of a deceased woman under similar facts. The jury thought a more thorough emergency room exam would have shown warning signs of a pending fatal heart attack! No recovery/no fee! Call me.
10.03.11
Q: Attorney Tully, can Wrongful Death lawsuits be filed to achieve social good?
A: Yes. Sometimes Wrongful Death cases are filed mainly to hold companies publicly responsible for their negligence in causing someone's death. For example, a Wrongful Death lawsuit was recently settled on behalf of a passenger on the 9/11 plane that crashed into the World Trade Center. The settlement of the Wrongful Death claim required the airline to file a detailed public report outlining the company's lax security in allowing five terrorists to board the flight at the airport. No Recovery/ No Fee.
09.26.11
Q: Attorney Tully, can a Wrongful Death claim be brought against a hospital emergency room and its doctors for substandard care to the deceased victim?
A: Yes. A Pennsylvania jury recently awarded $3 million to the estate of a student who died at a hospital emergency room due to a rare heart defect. The hospital doctors breached the standard of care required under the law for patient care. Wrongful Death cases like these require a thorough investigation into what caused the death. No recovery/no fee. We can help. Call me!
09.19.11
Q: Attorney Tully, can one bring a Wrongful Death claim against the hospital and doctors based upon a family member getting fatal sepsis at the hospital and dying?
A: Yes. The key is often convincing the jury that the actions of the hospital or doctors increased the risk of harm to the patient. Sepsis is an illness in which the bloodstream is overwhelmed by bacteria. "Septic Shock" can result in death. You need to find out what the hospital or doctors did to fight the deadly sepsis. Call me. No recovery/no fee.
09.12.11
Q: Attorney Tully, can I bring a Wrongful Death claim against a drug rehabilitation center where my daughter died while getting treatment?
A: Yes. In fact a mother recently filed a Wrongful Death claim against a drug rehabilitation center under similar circumstances. That lawsuit alleged that overcrowding and under staffing at the drug rehabilitation center led to her daughter's death. The Wrongful Death claim also alleged the staff's failure to quickly and properly administer an antibiotic contributed to the daughter's death. Call me for a free evaluation. No recovery/no fee.
09.05.11
Q: Attorney Tully, how is a wrongful death claim different than other types of personal injury cases? I want to sue a business where my brother died and I need some advice asap.
A: The wrongful death lawsuit would claim that the victim (your brother) was killed because of the carelessness or negligence of another person or entity (here the business). The claim would be brought on behalf of your brother's estate. This is different from other types of lawsuits where the actual person injured files the lawsuit. No recovery/no fee.
08.29.11
Q: Attorney Tully, I want to file a wrongful death claim against the hospital my sister was in before she died. She died from the hospital's negligence. Do all wrongful death cases go to trial?
A: No. Many wrongful death claims settle if the hospital or doctor's malpractice is clear. Insurance companies want to settle those death claims quickly. However, many other wrongful death cases become hotly contested by the insurance companies. I am available to talk to you about what caused your sister's death. The call is free!
08.22.11
Q: Attorney Tully, what is the Statute of Limitations on bringing a wrongful death medical malpractice claim on behalf of a deceased child?
A: The Statute of Limitations places a time limit on when you can bring a wrongful death claim on behalf of a child. Recently a Pennsylvania Court ruled that a lawsuit filed within 2 years after the death of the child is timely. That medical malpractice claim involved a doctor's failure to properly administer a drug to the deceased child's mother years earlier. Please call me about this!
08.15.11
Q: Attorney Tully, can I sue the Housing Authority for the wrongful death of my mother? She fell from the roof there. They left the door to the roof unlocked.
A: No. A Pennsylvania Court recently ruled the Authority wasn't responsible for a fatality just by letting a door to the roof unlocked. Not all wrongful deaths result in damages. Many wrongful deaths do, but you need to prove negligence or carelessness to recover money. You need to show something else that they did to recover. Call me.
08.08.11
Q: Attorney Tully, my mother died in a nursing home because of neglect. She had huge bed sores on her body when she died. Can I bring a wrongful death claim on her behalf?
A: Yes. Unfortunately nursing home abuse is on the rise in the United States. Chronic under-staffing at nursing homes is one reason for this. Recently a Court allowed an elder abuse lawsuit to proceed based upon allegations of under-staffing at the nursing home, inadequate care to the residents and violations of state and federal laws. Call me.
08.01.11
Q: Attorney Tully, I was rear ended in a car accident. It was a violent collision. I believe my fibromyalgia is from the auto accident. How can I prove it?
A: Fibromyalgia involves long term body wide pain in your joints and muscles including the back and neck. Your doctors are the key here. Having your doctor take your medical history, conduct a physical and neurological exam of you and testify regarding literature that links trauma and fibromyalgia, can help to make the legal connection needed! Call me!
07.25.11
Q: Attorney Tully, Why don't I hear about the medical malpractice crisis anymore?
A: The PA Supreme Court did a remarkable job of dealing with the alleged medical malpractice "crisis" years ago. They initiated a requirement that before a medical malpractice lawsuit could be filed, an expert needed to write a report saying there is a basis for bringing a medical malpractice claim. This greatly reduced the number of baseless lawsuits being filed against doctors. Medical malpractice still occurs daily, but at least doctors are protected against frivolous claims.
07.18.11
Q: Attorney Tully, my brother was killed in an auto accident by a drunk driver. The other side admitted they are at fault. Can we get into evidence how much the guy drank that night?
A: Yes. But to do so, you better allege punitive (or punishment) damages and general damages in your pleadings. A recent Pennsylvania Superior Court decision limits evidence of alcohol consumption prior to the fatality when the other side admits he caused the accident (liability). Punitive damages involve outrageous conduct by another. Call me to discuss this.
07.11.11
Q: Attorney Tully, I was rear ended in a trucking accident and needed low back surgery. The insurance company for the truck driver wants to get my pre-accident mental health records. Are they allowed to?
A: A Court has ruled that the answer depends on whether your complaint alleges "anxiety" as opposed to ordinary claims of shock, mental anguish, and humiliation. Since anxiety is a recognized mental health disorder, they would be entitled to get your records, but if you allege shock and humiliation they wouldn't. Interesting, huh? Call me.
07.04.11
Q: Attorney Tully, I read about the heart doctors who unnecessarily implanted coronary stents in patients at the Westmoreland Hospital. I am shocked. If I get a letter about this, what should I do?
A: Call our office as soon as possible. A heart stent is a small wire mesh device that keeps clogged arteries in the heart open. If you received an unnecessary stent, you can be at serious risk of a heart attack, blood clots or other serious medical problems. You really need legal help NOW!
06.27.11
Q: Attorney Tully, I had a prior attorney for my slip and fall back surgery case. Is what we talked about confidential?
A: You are in luck! The Pennsylvania Supreme Court ruled in the Gillard case that the attorney-client privilege is a two way street. This means that confidential client to attorney and attorney to client communications made for the purpose of getting or receiving professional legal advice is privileged. The other side cannot find out confidential advice your prior attorney told you or vice versa. You are covered. Call me.
06.20.11
Q: Attorney Tully, I had leg surgery from an intersection auto accident. The insurance company is having me examined by their doctor. They call it an "independent medical exam". Is their exam really "independent"?
A: Are you kidding? Some orthopedic surgeons are paid several hundred thousand ($)dollars a year by the insurance companies just to examine persons hurt in auto accidents. Their "examination" usually lasts less than ten minutes. How do you think the vast majority of their reports are going to turn out? For you or against you?
06.13.11
Q: Attorney Tully, I was rear ended in a car accident and needed a hip replacement due to the collision. Do I even need an attorney for a rear end auto accident?
A: Ask the person who recently got a defense ($0) verdict under similar circumstances. How? Because the jury must find not only that the other guy was at fault, but that your hip replacement was due to the auto accident. Unless you prove both elements, you cannot get money for your injuries! Call me to talk about your claim!
06.06.11
Q: Attorney Tully, I am a salesman who was injured on the job. I hurt my back and neck. I am still disabled. I then got convicted of a crime and my employer fired me. Can I still collect Workers Compensation?
A: Yes. A recent Pennsylvania Court case decided that as long as a doctor says you cannot work because of your injury, you can still collect Workers Compensation until you recover from your injuries. Your conviction has no legal effect on your Workers Compensation status.
05.30.11
Q: Attorney Tully, I was rear-ended in an auto accident during a snowfall. I hurt my back and neck. The other driver is claiming a "sudden emergency" caused the accident, not her driving. What is that?
A: The "Sudden Emergency" Rule applies when a person "suddenly and unexpectedly" finds herself in a hazardous situation which permits a driver little or no chance to react. If a jury finds a real sudden emergency existed, you can't get any money for your injuries. There are many ways to fight this defense. Call me!
05.23.11
Q: Attorney Tully, can you tell the jury how much money we want for my shoulder surgery injury?
A: No. We also can't tell the jury how much the insurance company has offered to settle your claim. In fact, we can't even tell the jury that the wrongdoer has insurance! The law relies on the jury's common sense to award a fair number. Unfortunately, many jurors fear that by giving an injured person money, their insurance rates are going to go up. This is simply not true. Call me!
05.16.11
Q: Attorney Tully, I was rear-ended by another driver. I fractured my pelvis and later needed wrist surgery from the collision. What is this "Assured Clear Distance" rule I keep hearing about?
A: It's a safe driving law. The "Assured Clear Distance" rule requires a driver to control the speed of his car so that he can safely stop before hitting the car in front of him. By violating this rule, the other driver becomes the legal cause of your auto accident.
05.09.11
Q: Attorney Tully, I was rear-ended by a drunk driver. I needed elbow and heel surgery due to the accident. What effect will the DUI conviction have on my case?
A: It will help immensely. Here's why. The burden of proof is higher in a criminal case than in a civil one (pain and suffering). A criminal conviction bars him from denying his criminal actions (drunk driving) in your civil (pain and suffering) case. It is unlikely a drunk driver will get much sympathy from a civil jury! Call me.
05.02.11
Q: Attorney Tully, I am a denture wearer. Why am I hearing my denture cream, Fixodent®, is unsafe?
A: A recent study has found that long term use of denture adhesives containing zinc can cause neurological injuries. Between 1996 and 2010, zinc was used in the manufacture of Fixodent® and Poligrip®. Symptoms include numbness and tingling of the feet and legs and/or difficulty in walking. Because these claims are subject to time limitations, it is important to call an attorney as soon as possible about your claim.
04.25.11
Q: Attorney Tully, what damages are recoverable under the Wrongful Death Act? My dad died due to medical malpractice.
A: Hospital, nursing, medical and funeral expenses, and administration expenses, incurred by reason of the injuries causing death, are recoverable damages in a Wrongful Death action. We feel it's important to call an attorney immediately in Wrongful Death cases. Why? Because there are strict time limitations on bringing a claim. We handle Wrongful Death cases on a no recovery/no fee basis. Call me.
04.18.11
Q: Attorney Tully, I selected Limited Tort on my auto insurance and was rear-ended in an auto accident. I had wrist surgery. Can I recover money for my pain and suffering?
A: Probably. When you pick Limited Tort on your insurance and do not meet one of the exceptions (like being hit by a drunk driver), you can only get money for pain and suffering if you can prove that your injuries are "serious" as defined by the law. I represent surgery victims in accidents. Call me.
04.11.11
Q: Attorney Tully, I was rear-ended in an auto accident in 2008. I had to have back and neck surgery from it. Can I still pursue this claim?
A: Probably not. The general rule in Pennsylvania concerning personal injury cases is you only have 2 years from the date of the accident to file an action. There is a very limited exception to this rule called the "Discovery Rule". Unfortunately, your case confirms why it is crucial to immediately call an attorney when you are injured in an accident.
04.04.11
Q: Attorney Tully, I was hurt at work and needed hip surgery. Now I can't do my job as a construction worker. Can I get a commutation of my case?
A: Possibly. A commutation involves getting all your workers compensation money immediately, rather than receiving weekly workers compensation payment checks. Commutations work best if you have another job or another line of work available to you. Sometimes we can have your medicals left open for future medical treatments. This involves negotiating with the insurance company. Call me.
03.28.11
Q: Attorney Tully, I was a pedestrian crossing the street when I got hit by a car. I had hip surgery, a concussion and elbow surgery from the accident. Should I give a statement to their insurance company?
A: No. We advise against it. Why? Because the insurance company is going to use what you say in the statement against you if the case goes to trial. They will often say you weren't paying attention or were distracted and that is why you got hit. Call me.
03.21.11
Q: Attorney Tully, I had hand and foot surgery from my auto accident. What is to prevent the insurance company from delaying the case and then making me a low offer to settle the case?
A: Delay Damages. Delay damages act as an incentive to get insurance companies to make reasonable offers in injury cases. If the jury verdict is 125% higher than the top offer, you get the jury award plus extra money (delay damages) from the insurance company for not making a reasonable offer to you. Call me.
03.14.11
Q: Attorney Tully, I read about the heart doctors who unnecessarily implanted coronary stents in patients at the Westmoreland Hospital. I am shocked. If I get a letter about this, what should I do?
A: Call our office as soon as possible. A heart stent is a small wire mesh device that keeps clogged arteries in the heart open. If you received an unnecessary stent, you can be at serious risk of a heart attack, blood clots or other serious medical problems. You really need legal help NOW!
03.07.11
Q: Attorney Tully, what is your view on medical malpractice reforms like putting a cap on all pain and suffering at $250,000?
A: Suppose you were the victim of medical malpractice and were paralyzed for life, because of your surgeon or hospital's error. How would you feel about being given $250,000 and told that's all you can ever recover for their mistakes? How much is a lifetime of nursing care going to cost you? What about future surgeries and your loss of income? Medical Malpractice caps are a mistake.
02.28.11
Q: Attorney Tully, I have a medical malpractice claim based on a botched back operation. Now I can't walk right. The surgeon didn't tell me about some of the risks of the surgery. Do I need an expert to prove my case?
A: Yes. To prove lack of informed consent, expert testimony is needed to show the risks of the surgery and the likelihood of those risks. The surgeon must tell the patient all risks that a reasonable person would consider important in deciding whether to undergo the surgery. Call me.
02.21.11
Q: Attorney Tully, I was rear-ended in an auto accident. I had knee surgery from the accident. The insurance adjuster says I don't need a lawyer. Do I?
A: Not if you want ripped off. The insurance adjuster wants to pay you the least amount possible. He is not on your side. Ask yourself why the insurance company doesn't want you to get a lawyer? The answer is obvious. Is it a good deal for you to get all of a small number or possibly a large part of a much bigger number?
02.14.11
Q: Attorney Tully, I tripped at a gas station, near the pumps, because of the uneven surface there. I needed wrist surgery and ankle surgery due to the fall. My hospital bills are over $50,000. The insurance company says the defect I tripped on was so small I can't get a recovery. Are they right?
A: I don't think so. The Pennsylvania Superior Court in a 2009 Memorandum Opinion ruled that even a one inch high walkway defect may create liability when the defect spans multiple feet. Call me.
02.07.11
Q: Attorney Tully, I had a slip and fall on ice and had to have ankle surgery. My medical bills are over $60,000. The insurance company wants mediation. Should I agree?
A: Definitely. Mediation involves both sides meeting together and trying to settle the case without a trial. Mediation attempts to get both sides to agree to a settlement of the claim. On significant cases, we have been presenting a "Day In The Life" video of our injured clients to show how the injuries have affected their lives. Mediation works!
02.07.11
Q: Attorney Tully, I had a slip and fall on ice and had to have ankle surgery. My medical bills are over $60,000. The insurance company wants mediation. Should I agree?
A: Definitely. Mediation involves both sides meeting together and trying to settle the case without a trial. Mediation attempts to get both sides to agree to a settlement of the claim. On significant cases, we have been presenting a "Day In The Life" video of our injured clients to show how the injuries have affected their lives. Mediation works!
01.31.11
Q: Attorney Tully, a drunk driver, riding his motorcycle, collided with my car. I suffered a broken hip, a concussion and had knee surgery. I am furious. Can I sue the drunk for punitive damages, in addition to pain and suffering?
A: Yes. Recently a Common Pleas judge ruled that the combination of a defendant's driving a motorcycle while intoxicated late at night is so outrageous as to allow a claim for not only pain and suffering, but also for additional punishment (punitive) damages!!
01.24.11
Q: Attorney Tully, I had back and leg surgery due to an auto accident. The insurance company offered $100,000.00 to settle my case. Should I go to trial since the jury has to give me at least $100,000.00, right?
A: Wrong - The jury is never told what the insurance company has offered you. That is the risk involved in jury trials. You can go to trial and get more than the $100,000.00. However, the jury can also give you much less than that amount. You have to decide whether you want to take that chance. Good Luck!
01.17.11
Q: Attorney Tully, why are jury verdicts in auto accident cases much lower than they were in the past?
A: Who knows? Some jurors believe accident victims exaggerate their injuries. Others believe their auto insurance rates will go up by giving high awards to injury victims. A final reason could be the publics reaction to million dollar verdicts for spilled coffee (like the McDonald's case). Picking the right attorney to represent you is really important. Call me for a free consultation.
01.10.11
Q: Attorney Tully, in a Wrongful Death case against Penn DOT, is there a duty to widen the highway shoulder, in case a car goes out of control and hits a guardrail?
A: Penn Dot has no duty to make the shoulder wider in anticipation of an out of control car. The condition of the highway shoulder is not a dangerous condition of the highway itself. That is an important legal point. It is challenging, but not impossible, to successfully sue Penn DOT.
01.03.11
Q: Attorney Tully, my son died as a result of a wrongful death shooting. His father had no real involvement in my son's life. Is he entitled to part of the wrongful death money?
A: Maybe. The law considers whether the father had a "family relation" under the Wrongful Death Act. Courts also look to the parent's contribution to the development of the child while he was living, in deciding whether a parent can recover damages under the Wrongful Death statute.
12.27.10
Q: Attorney Tully, you represent families in wrongful death cases. Why is it important to immediately retain a wrongful death lawyer in accident cases?
A: Because we can level the playing field. The other side's insurance company is gathering evidence, talking to the police and witnesses, and taking pictures of the accident scene almost immediately after the accident. This is especially true in tractor trailer truck deaths. You need someone to do the same and protect your interests in wrongful death cases!!
12.20.10
Q: Attorney Tully, My minor son died in a wrongful death auto fatality. My husband (his father) and I are divorced. Will our divorce affect the settlement of the case?
A: It may not affect any settlement of the death claim but it will probably complicate how the settlement is distributed between you and your ex-husband. The Court may also have to decide the proper allocation between the wrongful death and the survival action. You need an attorney to protect your interests in this situation.
12.13.10
Q: Attorney Tully, I understand that Wrongful Death is a death that is caused by the wrongful act of another. But where can a wrongful death claim occur?
A: A wrongful death can occur anywhere, including from an auto accident fatality, a tractor trailer/auto death, medical malpractice, a motorcycle fatality, a work site construction death, a defective product fatality, a dram shop (bar owners) claim, a boating fatality or a slip & fall death at a business.
12.06.10
Q: Attorney Tully, in personal injury law, what is a wrongful death claim?
A: Wrongful death means a fatality or death that is caused by the wrongful act of another. When a loved one dies as a result of the negligence or carelessness of another person or company, the estate of the deceased may bring a wrongful death claim against the person or company who caused the death to occur.
Wrongful death claims are a special area of personal injury law.
11.29.10
Q: Attorney Tully, I had knee surgery from an auto accident. I don't want to go to trial. What should I do?
A: You may be in luck. Mediation provides an opportunity for both parties to meet before trial and try to settle the case. Mediation is much cheaper than a trial and takes away the stress related to trial because you are in control of the process. No one cross- examines you or makes you feel uncomfortable. Mediation works!!
11.22.10
Q: Attorney Tully, where do your personal injury clients come from? I fell at work and had back surgery.
A: Mostly thru word of mouth. When a client is satisfied with an attorney they will often refer friends and family to their attorney. It is hard to satisfy everyone, but we have about 4800 (hopefully) satisfied clients that we keep in contact with via a free monthly Newsletter.
11.15.10
Q: Attorney Tully, my hand got stuck in a machine at work and I lost two fingers. Can I sue the maker of the machine?
A: Yes. You can collect your wages and medicals from your employer and still go after the manufacturer for damages. Legally it's called a product liability case. Call me today for a free consultation about what to do next!
11.08.10
Q: Attorney Tully, what do you do when you aren't practicing law?
A: If you knew how boring my life is, you would probably hire me as your lawyer out of sympathy. On weekends my wife and I usually read at Borders. Sometimes we go out to dinner or see a movie. We do like to travel. Church is big to us. Other than that, we like to stay at home and chill out!
11.01.10
Q: Attorney Tully, how can I increase my chances of getting a big jury award for my knee and back surgeries?
A: Be likeable. Pretty deep huh? Yet it's true. If the jury feels you are not exaggerating your injuries and are for real, you will get more money than if they think you are trying to pull one over on them. Call me. No recovery/no fee!
10.25.10
Q: Attorney Tully, can we trust the lawyer for the guy who caused me to have neck surgery?
A: This will shock you but in my 30 years as an attorney I have never had an attorney knowingly lie to me or go back on his word. In the law, word and reputation are everything. They will do their best to minimize your injuries but yes in my opinion, we can trust opposing counsel.
10.17.10
Q: Attorney Tully, why is it so hard to sue Penn DOT, the City and other government units?
A: Because the government has immunity from lawsuits unless your case falls within certain narrow exceptions. You also must provide them notice within a certain period (usually 6 months) of your intent to pursue a claim. You can see why it is real important to immediately call a lawyer to discuss your situation. Good Luck!
10.11.10
Q: Attorney Tully, what does Placing My Case "At Issue" mean? I had shoulder surgery and neck surgery from my auto accident.
A: Placing your Case "At Issue" tells the Court you are ready to have your case heard by a jury. It's a very important step in the legal process because your case could go to trial within 3 months of telling the Court you are ready to go to trial. Call me for a free consultation. No Recovery/No Fee. Good Luck!
9.27.10
Q: Attorney Tully, in plain English what is a Tortfeasor?
A: It is the person whose actions, that is negligence, caused your injuries. If you are rear-ended in an auto collision, the tortfeasor is the person who hit you from behind. In order to collect money for your injuries, we must show that it was the tortfeasors actions that caused your injuries. Call me for a free consultation.
9.20.10
Q: Attorney Tully, I had knee surgery from my slip and fall accident. Why is it hard to get an attorney to help me?
A: In a word "risk". In a slip and fall case, the other side has a built-in defense that you were not watching where you were walking. If the jury believes this defense, you will lose your case and the attorney will likely receive no money for all the time invested in the case. Call me for a free consultation.
9.13.10
Q: Attorney Tully, what does your Contingency Fee mean in Injury Cases?
A: It means you do not pay me any money unless I get you money. My fee depends on getting you a recovery for your injuries. The term often used for most contingency cases is "no recovery/no fee". My law office may not even charge you money for our costs if we do not get you money. If we get you money, we will receive a portion of your pain and suffering recovery only. Call me for a free consult. Good Luck!
9.03.10
Q: I was rear-ended in an auto accident and I had to have neck & ankle surgery. What is my case worth?
A: It depends. Did you miss work, did you undergo physical therapy, did you have prior neck & ankle problems, do you have outstanding medical bills or liens, who is the insurance company and did your injury happen during work time? An experienced attorney is usually able to give you a range of value that similar cases like yours settled for. Call me for a free consultation. You never pay me any money unless I get you money.
8.26.10
Q: Can my attorney tell the jury I want $75,000 for my pain and suffering in my injury case?
A: No, in Pennsylvania your attorney is absolutely forbidden from asking for a specific amount of money for your pain and suffering. Your attorney cannot even tell the jury if the person who caused your injuries has insurance. These are some of the reasons going to trial is a risky proposition. My law office regularly handles accident cases and we only are paid money if we get you money.
