Personal Injury Law

Schmidt, Kirifides & Rassias Attorneys

Philadelphia and Delaware County Personal Injury Lawyers Representing Victims of Negligence

Injuries can occur when we least expect them. We are at risk when we hurry into work, drive our children to soccer practice or pick up our dry cleaning. Sometimes accidents are just that: accidents. But many times injuries are the result of another party’s carelessness or recklessness. A person, business or government agency has acted negligently when that person or entity has failed to exercise reasonable care toward another, resulting in injury. Injuries caused by negligence often lead to physical, emotional and financial hardship.

A simple but unfortunate fact of life is that injuries –sometimes extremely serious or fatal injuries – can happen to anyone at any time. Thankfully, accidents and serious injuries are generally a rare event, but the fact remains that any person can experience a life-altering accident at any time. When other people are negligent, act recklessly, or engage in other dangerous actions the likelihood of a potentially serious accident increases significantly.

There are many kinds of negligence that may result in serious injury and lead to litigation. Some of these are nursing home negligence, medical negligence, manufacturer negligence, and landlord negligence. To prove that another party is legally responsible for causing harm, the injured party must show that:

  • The defendant or defendants owed him or her a legal duty of care;
  • Acted or failed to act in a certain way, thereby breaching that duty of care; and
  • Thus caused injury to the plaintiff, including financial or other harm.
  • Injured parties may seek a variety of damages from those responsible for their injuries. These damages may include lost wages, medical expenses, pain and suffering, and mental anguish. In some cases, an injured party’s loved ones may also seek compensation for damages such as loss of society and companionship.

 

Damages an Injury Victim Can Recover in a Pennsylvania Personal Injury Claim

Following an injury, most victims are looking to recover their damages and account for potential future losses. While all cases and circumstances are different, damages that may be available include:

  • Hospital or doctor bills
  • Bills for past or expected future physical therapy and rehabilitative treatment
  • Pain and suffering
  • Lost wages
  • Lost earning capacity
  • Emotional distress
  • Loss of consortium
  • Punitive damages

While many of the damages listed above are available more often than not, punitive damages are an exception. Generally, punitive damages are reserved to send a message that particularly egregious conduct is not acceptable. We can help you assess your damages so that you do not subsidize the reckless, careless, or negligent behavior of another person.

 

Contact Our Experienced Personal Injury Attorneys in Philadelphia, PA and Delaware County, PA

If you have been injured as a result of someone else’s negligence, please do not hesitate to contact the experienced Media, PA personal injury attorneys of Schmidt, Kirifides & Rassias. Our compassionate attorneys understand the physical, emotional and financial toll that such trauma takes on an individual and their loved ones. With the legal support of a Delaware County personal injury attorney, we can help you determine who may be responsible for your injuries. We can also assist you by choosing the best venue in which to file your lawsuit; presenting your case in a way that will maximize your recovery; negotiating a settlement; or taking your case to trial and handling any appeals that may follow.

The hardworking Delaware County personal injury attorneys at Schmidt, Kirifides & Rassias provide courteous, ethical representation. We strive to exceed your expectations. Your lawyer will always take the time to answer your questions, discuss your concerns and personally return your phone calls. If you have been injured, it is important to act quickly to protect your rights. Please do not hesitate to contact us.

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Auto Accidents

The majority of personal injury lawsuits filed in Pennsylvania, and all over the United States, involve motor vehicle accident claims. Every 10 seconds, U.S. drivers are involved in a vehicle crash that results in injuries, according to the National Highway Traffic Safety Administration. Vehicle travel puts drivers, passengers, pedestrians and cyclists in danger every day. When individuals sustain serious injuries as a result of motor vehicle accidents in the Philadelphia area, they need the advice of our experienced personal injury attorneys.

LET OUR PHILADELPHIA AND DELAWARE COUNTY CAR ACCIDENT LAWYERS GET YOU COMPENSATION FOR INJURIES SUFFERED IN A CAR ACCIDENT

The Media, Pennsylvania accident attorneys of Schmidt, Kirifides & Rassias understand that car accident victims suffer emotional as well as physical and financial repercussions. If you or a family member has been injured in a car, commercial truck, or motorcycle accident as a result of someone else’s carelessness or recklessness in the Philadelphia area, you may be entitled to compensation for your losses. Our experienced, compassionate personal injury attorneys are here to help you get your life back on track in Chester, Delaware, Bucks, Berks counties, or in any Pennsylvania county. We will assess your case and pursue all the damages to which you may be entitled.

Auto insurance companies have a team of investigators, adjusters, agents and legal help to protect them. As the accident victim, you need your own team of legal experts to protect you. Although negligence is sometimes difficult to prove, our Philadelphia-area investigators will interview witnesses to the accident, and prepare all the documentation necessary to meet the criteria for a Pennsylvania negligence verdict. The hardworking attorneys at Schmidt, Kirifides & Rassias provide courteous, ethical representation, and will determine if a settlement offer from a car insurance company is in your best interests or whether you can recover a larger verdict by litigating your case in the courtroom.

The majority of personal injury lawsuits filed in Pennsylvania, and all over the United States, involve motor vehicle accident claims. Every 10 seconds, U.S. drivers are involved in a vehicle crash that results in injuries, according to the National Highway Traffic Safety Administration. Vehicle travel puts drivers, passengers, pedestrians and cyclists in danger every day. When individuals sustain serious injuries as a result of motor vehicle accidents in the Philadelphia area, they need the advice of our experienced personal injury attorneys.

LET OUR PHILADELPHIA AND DELAWARE COUNTY CAR ACCIDENT LAWYERS GET YOU COMPENSATION FOR INJURIES SUFFERED IN A CAR ACCIDENT

The Media, Pennsylvania accident attorneys of Schmidt, Kirifides & Rassias understand that car accident victims suffer emotional as well as physical and financial repercussions. If you or a family member has been injured in a car, commercial truck, or motorcycle accident as a result of someone else’s carelessness or recklessness in the Philadelphia area, you may be entitled to compensation for your losses. Our experienced, compassionate personal injury attorneys are here to help you get your life back on track in Chester, Delaware, Bucks, Berks counties, or in any Pennsylvania county. We will assess your case and pursue all the damages to which you may be entitled.

Auto insurance companies have a team of investigators, adjusters, agents and legal help to protect them. As the accident victim, you need your own team of legal experts to protect you. Although negligence is sometimes difficult to prove, our Philadelphia-area investigators will interview witnesses to the accident, and prepare all the documentation necessary to meet the criteria for a Pennsylvania negligence verdict. The hardworking attorneys at Schmidt, Kirifides & Rassias provide courteous, ethical representation, and will determine if a settlement offer from a car insurance company is in your best interests or whether you can recover a larger verdict by litigating your case in the courtroom.

Birth Injuries

The birth of a new baby should be a joyous and exciting time for a Philadelphia family. Fortunately in most cases, it is just that. However, not all birth go as planned. In some cases, a bad medical outcome was the product of defects in the gestation process. However, in other instances, the birth of an injured baby or a child with a birth defect is because of mistakes made during the birthing and delivery process.

In approximately 6 out of every 1,000 births, a newborn will suffer a significant injury. A birth injury is an injury to a baby that occurs during the delivery process. Such traumatic injuries may be caused by a physician’s improper use of forceps resulting in a fracture or brain injury, a failure to perform a caesarian section resulting in a damaging oxygen deprivation, a failure to recognize the warning signs of a difficult delivery, improper administration of anesthesia, or other medical errors. The most common birth injuries are Cerebral Palsy and Erbs Palsy. These are disorders that may permanently affect a child’s brain function and movement.

Birth defects, which are problems that arise prior to delivery, may also be the result of a health care provider’s negligence. For example, a physician might for prescribe a drug that causes injury to the baby before it is born. Wrongly prescribed dietary supplements may injure an unborn child, and cause a life-altering birth defect. There may have been a prenatal condition that was not properly diagnosed or treated. An expectant mother might be exposed to chemical hazards in a Philadelphia workplace that results in a birth defect to the child while in utero.

While not all birth injuries or defects are avoidable, those that are caused by another party’s negligence are particularly traumatic and the negligent party should be held accountable. These types of injuries may entitle a child and his or her parents to compensation for their losses. A baby that suffers permanent injury might be awarded damages for future loss of income and lifetime care expenses such as therapy, medical equipment and special attention your child may need. Whether you live in Berks, Bucks, Delaware, Chester counties or in any other county of Pennsylvania, the birth injury and birth defects attorneys of Schmidt, Kirifides & Rassias, headquartered in Media, Pennsylvania, can help you protect his or her future.

WHY SHOULD PARENTS OF AN INJURED BABY SEEK DAMAGES?

Many parents are hesitant to sue the doctor or hospital where the injury occurred. While there are many reasons why a parent might be hesitant to pursue legal action, there are highly compelling reasons to pursue this type of action.

Foremost is the fact that a child born with Cerebral palsy or Erb’s palsy will need more medical and developmental support than other children. This can include many, many trips to the doctor or specialists’ office to ensure that you child’s medical needs are being met. It can also include significant expenses to support your child’s social and intellectual development. Essentially, a birth injury lawsuit can provide the resources you need to provide your child with the resources he or she needs to reach his or her full potential.

CEREBRAL PALSY AND ERB’S PALS ARE COMMON BIRTH INJURIES IN PENNSYLVANIA

A birth injury will occur in, roughly, six in 1,000 births. While birth injuries are generally rare, when they do occur two common injuries are Cerebral Palsy and Erb’s Palsy.

Cerebral palsy is a group of disorders that will impact a person’s ability to ambulate. Cerebral palsy can also cause difficulties in a person’s visual, learning, speech, and hearing. Some individuals with Cerebral palsy may also suffer from epileptic seizures.

Erb’s palsy is a type of obstetric brachial plexus disorder that can be inflicted at birth. The injury occurs when damage is inflicted to a baby’s nerves in the upper arm. Damage to these nerves can cause an array of problems. Children impacted by this injury can suffer from an inability to move their impacted shoulder or arm. However, some individuals may retain slight movement in their fingers. In more severe cases, the injury can affect the spinal column itself resulting in paralysis of larger areas of the body.

HOW DO CEREBRAL PALSY AND ERB’S PALSY INJURIES OCCUR?

There are generally, two main ways that a cerebral palsy injury can occur as part of a birth injury legal action. The first is that some action taken by the doctor or another medical professional during the delivery process caused an injury. For instance, excessive or inappropriate use of forceps or a vacuum extraction injury can lead to cerebral palsy. Alternatively, labor that is allowed to last for longer than 18 hours can also increase the odds of this injury. The second main way cerebral palsy injuries occur is through depriving a newborn of oxygen for too long.

Erb’s Palsy is also a birth injury and therefore it also occurs during or slightly after the birthing process. This type of injury is inflicted when a doctor or other medical professional makes one of three mistakes:

  • The doctor fails to detect that the baby is entering the birth canal at an awkward angle leading to the head and arm being pulled in opposite directions
  • When a baby is delivered face-first, there is also a higher than likely chance of pressure and pulling on the shoulders. This type of pressure can also cause damage to the nerves
  • A breach birth can also result in the baby’s arms being pulled back as he or she passes through the birth canal leading to nerve damage.
  • Generally, both cerebral palsy and Erb’s palsy are avoidable injuries that occur through medical mistakes at or near to the time of birth

OUR PHILADELPHIA AND DELAWARE COUNTY BIRTH INJURY ATTORNEYS CAN HELP

Our caring Philadelphia birth injuries attorneys represent injured children and their families with understanding and compassion. We will work hard to assess your case, consult with a medical expert, and obtain the certificate of merit necessary in Pennsylvania to proceed with your claim. The Pennsylvania birth injury and birth defect lawyers at Schmidt, Kirifides & Rassias will secure your child’s financial future so that you may concentrate on moving forward with your lives. Our personal injury lawyers will always take the time to answer your questions, discuss your concerns and personally return your phone calls. If you believe that your child was injured as a result of medical negligence, please do not hesitate to contact us. We are here, in nearby Media, Pennsylvania, eager to help restore your family’s well being. Whether you live in Bucks, Berks, Chester, Delaware County or any other Pennsylvania community, please call (610) 892-9300 for your free legal consultation.

Construction Accidents

Workers in Pennsylvania are fortunate to be protected by a robust and expansive workers’ compensation system. In this state, nearly all workers receive workers’ compensation coverage. Workers who do not receive coverage under the state system typically qualify for coverage under a federal workers’ compensation plan. However, most workers – including most construction workers – are covered by the workers’ compensation insurance regime if they are hurt on the job and can no longer work temporarily or permanently.

If you have been hurt on a construction job site or while working in the construction industry, the workers’ compensation lawyers of Schmidt, Kirifides & Rassias may be able to fight for you. We approach all matters strategically and founding partner, Mark Schmidt, is “certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.” To contact our Pennsylvania workers’ compensation law firm, please call (610) 892-9300 and schedule a free consultation.

CONSTRUCTION IS ONE OF THE MOST DANGEROUS OCCUPATIONS IN PENNSYLVANIA

While most builders, roofers, HVAC installers, plumbers, carpenters, and other construction workers take daily challenges and workplace risks in stride, the truth is a worker in the construction industry is far more likely than average to suffer an injury or fatal injury.

According to the Bureau of Labor Statistics, in the entire state of Pennsylvania, there were 179 fatal workplace fatalities in 2014 and 173 fatalities in 2015. In both years, the construction industry accounted for 20-percent or greater of all workplace deaths that occurred in the state. Once again, one-fifth of all workplace deaths are attributed to this single industry.

When one further breaks down the statistics, it is clear that the vast majority of construction injuries occur during the construction of buildings versus the construction of bridges or other structures. However, this statistic may simply reflect the fact that buildings are the most commonly constructed structure. Fatalities are also clustered in “specialty trade work” with 46 percent of fatalities affecting these workers. Specialty trade work includes construction workers like:

  • Masonry workers
  • Foundation, structure, and building exterior contractors
  • Roofing contractors
  • Building equipment contractors
  • Electrical contractors and other wiring installation contractors
  • Site preparation contractors
  • Carpenters

Workers in these occupations are more likely to suffer a fatal injury. However, even if the unthinkable does occur, family members should be able to rely on the benefits provided through the state’s worker’ compensation system.

WHAT ARE THE MOST COMMON REASONS FOR ACCIDENTS AND FATAL INJURIES IN THE CONSTRUCTION INDUSTRY?

Men are most at risk of suffering a workplace fatality. In fact, men accounted for 92-percent of all fatal work injuries. Younger workers are also more likely to suffer a fatal injury since workers aged from 25 to 54 years of age accounted for 60 percent of the state’s work-related fatalities in 2015. Outside of demographic risk factors falls, slips, and trips were the most frequent fatal event in the construction sector. Accidents involving slip and falls caused 17 worker deaths in 2015.

Other common reasons for injuries on construction work sites include:

Contact with objects or equipment – Workers on job sites frequently work near or next to large, powerful machines and equipment. Workers can become caught on, under, or between pieces of equipment. This scenario can lead to serious crushing injuries.

Negligence by other workers – While all construction workers try to do their best, there are certain days where a person feels detached from the world around them. Distracted or disengaged workers are more likely to make mistakes or otherwise engage in negligence that causes death or injury.

Electrocution injury – When structures are being built, extreme care must be taken to lock-out and avoid live wires or electrical systems coming into contact with other conductors.

Falling object injuries – When roofers perform their work or a multiple story structure is being built, objects can fall onto individuals working below. These objects can pick up a tremendous amount of speed as they plummet to the ground. When these objects strike construction workers, injuries can be severe or fatal.

Regardless of how you may have suffered a constructing accident at work, there is a strong likelihood that you are covered for wage loss and other benefits. If you have lost the use of an arm, leg, or another body part you may also qualify for specific loss benefits. A workers’ compensation lawyer can help you determine the full extent of your benefits claim.

WORK WITH OUR CONSTRUCTION INJURY ATTORNEYS OF PHILADELPHIA AND DELAWARE COUNTY

The personal injury attorneys of Schmidt, Kirifides & Rassias approach all matters strategically. To schedule a free and confidential consultation at one of our Pennsylvania law offices, please call (610) 892-9300 today.

Medical Malpractice

MEDICAL MALPRACTICE COMPENSATION

Doctors, nurses and other healthcare professionals rely on their training and experience, and we expect them to make proper diagnoses, render appropriate treatment and provide adequate follow-up care to procedures. Sometimes a medical outcome is not what we were expecting, however, and incidents of negligence may warrant a medical malpractice lawsuit. The Pennsylvania medical malpractice lawyers at Schmidt, Kirifides & Rassias handle injury cases that develop from incorrect diagnoses, mistakes during routine procedures, or careless errors in complex surgeries in Berks, Bucks, Chester and Delaware Counties and all other counties in Pennsylvania.

At our firm based in Media, Pennsylvania, medical malpractice lawyers successfully advocate for victims of medical negligence that can involve birth injuries including cerebral palsy, misdiagnosed or late-diagnosed cancer, medication errors, post-operative infections, gastric bypass surgery, anesthesia, ARDS (acute respiratory distress syndrome), emergency room delays and mistakes, radiation overdoses, fertility injuries, surgical staple complications and wrong-site surgeries.

While there are always risks of negative outcomes or side effects from medical procedures and treatments, an unsuccessful result could also be due to medical malpractice. When a physician or other health care provider commits malpractice, he or she has failed to meet the standard of care to which health care providers with similar training and experience are held. When a patient is injured or killed as a result of such a failure, the patient and/or his or her loved ones may be entitled to compensation for their losses.

Medical negligence occurs when an individual in the medical profession does not fulfill his or her duties to take care of a patient in a standard manner. Catastrophic injuries or fatalities can occur because of common emergency room mistakes, prescription drug errors, incorrect treatment, or a misdiagnosed heart attack, blood clot, or breast cancer. Other cases where patients have suffered needlessly arise out of nursing home neglect, elder abuse, and treatment administered without informed consent. If you have been witness to or afflicted by any form of medical negligence, contact the experienced Philadelphia medical malpractice attorneys at Schmidt, Kirifides & Rassias.

While it may seem like it would be simple to show that a medical error caused an injury, medical malpractice is actually an extremely complex area of the law. Attorneys who handle medical malpractice matters must have a great deal of knowledge about the medical field and must know how to successfully argue their clients’ cases. The Pennsylvania medical malpractice attorneys of Schmidt, Kirifides & Rassias are prepared to evaluate your medical malpractice claim and help you determine how best to proceed. We have the experience to take your case to trial, including securing the appropriate experts to help you achieve the best possible results.

Our caring, compassionate attorneys are here to help you get your life back on track, whether you live in Bucks, Berks, Chester or Delaware County, Pennsylvania. We strive to provide courteous and ethical representation that will exceed your expectations. Your medical negligence lawyer will take the time to answer your questions, discuss your concerns and personally return your phone calls. If you believe that you have been injured due to a health care provider’s negligence, you have a limited amount of time in which to file your claim. Please contact us immediately. We are here to assess your injury, calculate the damages you could seek including financial losses, and help restore your physical, emotional and financial well-being.

Have you been injured due to medical error or flaws in the healthcare system? Contact the medical malpractice lawyers at Schmidt, Kirifides & Rassias headquartered in Media, PA via (610) 892-9300 and we will advise you of your medical rights and legal options.

Product Liability

PRODUCT LIABILITY COMPENSATION

Each year, millions of consumers are injured and thousands are killed as a result of defective products—items that are hazardous because of a design flaw or manufacturing defect. Unfortunately, products that we rely on every day in our homes, at work and in our travels have the potential to cause serious injury and even death. Pennsylvania products liability laws are intended to protect consumers who have been injured by unreasonably dangerous items such as medications, household appliances, workplace equipment and children’s toys. When a worker or consumer loses a hand, finger or limb, or is otherwise injured or by a product that did not work as it was supposed to, that person and/or their loved ones may be entitled to compensation for pain and suffering, medical expenses, lost wages and other hardships. In some cases, punitive damages may be awarded to deter the manufacturer or seller of the product from future harmful conduct.

Some types of defective products that have resulted in multi-million dollar verdicts include:

  • Unsafe Motorcycle helmets
  • Automobile defects, including airbags, parking brakes, lap belts
  • Defective BB guns
  • Construction equipment, such as cranes, forklifts, bulldozers, and backhoes
  • Dangerous toys
  • China-made products
  • Hip replacements
  • Defective pharmaceuticals

At the defective product law firm of Schmidt, Kirifides & Rassias, headquartered in Media, Pennsylvania, our product liability lawyers understand that victims of unsafe products suffer physical, emotional and financial trauma. If you or a family member has been injured by a defective consumer good, our experienced, compassionate attorneys can help you seek the compensation, whether in a settlement or through a jury verdict, to which you may be entitled. Our hardworking Delaware County personal injury attorneys provide courteous and ethical representation to victims in Bucks, Berks, Chester, Delaware or any other county in Pennsylvania.

Your Pennsylvania defective products lawyer at Schmidt, Kirifides & Rassias will take the time to answer your questions, evaluate your case, discuss your concerns and personally return your phone calls. If you or a family member has been injured as a result of a faulty product or a workplace safety issue, it is important to act quickly to protect your rights. Please immediately contact the products liability attorneys at the Media, Pennsylvania law firm of Schmidt, Kirifides & Rassias at (610) 892-9300 or fill out our online contact form. We are here to help restore your physical, emotional and financial well-being.

Slip and Fall

“Slip & Fall” cases involve slips, trips, stumbles or other missteps, with or without an actual fall. An injury can occur as a result of falling and striking the ground or another object, or simply by twisting and turning to “catch” yourself to prevent a fall. Injuries can involve parts of one’s body that strike the ground or other object; or joints, muscles and ligaments twisted to try to stop the fall.

Frequently seen injuries in a Slip & Fall accident include feet or foot, ankles, knees, hips, back, neck, hands, wrists, elbows, shoulders and head; and can include anything from mild scrapes, cuts, contusions and bruises to fractures, torn ligaments, spinal disc injuries and even concussions and traumatic brain injuries. These accidents can occur indoors or outdoors; on private residential property, commercial, business or Government owned property; anywhere from the sidewalk, street or parking lot to store aisles, hallways, steps and stairways. A Slip and Fall accident can occur while at work, walking the dog, shopping, attending an event, or just visiting a friend.

Slip and fall accidents can affect all individuals. However, certain populations are more at risk of suffering this type of accident than others. In particular, slips, trips, and falls disproportionately affect senior citizens and older Americans. In fact, according to one CDC study, in just one year older Americans experienced 29 million falls that caused seven million injuries.

PROVING LIABILITY IN A SLIP & FALL LAWSUIT IN PENNSYLVANIA

A Slip & Fall lawsuit, also known as a Trip & Fall case, has very specific facts that must be proven before the injured person may recover compensation.

Condition of Property

First, there must be sufficient evidence to prove a dangerous or defective condition of or on the property or land. Such conditions may include inadequate, broken or burned out lights and lighting; broken, bumpy, warped or uneven surface; objects or items on the surface, such as trash, water, oil, grease, toys or other “things”; worn out, torn, or improper floor covering, carpets or mats; and even snow, ice or rain water that has not been timely and/or properly addressed by the property owner. For a Slip & Fall case to be successful, the condition of the property or what “caused” the fall must be able to be proven.

Notice to Property Owner

Simply proving the dangerous or defective condition of the property is not enough to prove the land or property owner was negligent in a Slip and Fall case. There must also be evidence to prove that the property owner knew or should have known of the dangerous or defective condition of the property and that there was sufficient time for them to have had it fixed, removed or place warnings. Actual notice is not always available, nor always required. “Constructive notice” can be established by proving how long the dangerous or defective condition was present and allowed to remain – so that in the normal course of events the property owner “should have” discovered the problem, and had an opportunity to fix, repair, remove or warn about the condition.

Contributory Negligence

In order to be able to recover compensation for injuries resulting from a Slip & Fall accident, an injured party must also prove that he or she was not at fault for causing or contributing to the injuries. The law requires every person to act reasonably for their own protection – in other words, you must watch where you are going. If a dangerous or defective condition is so open and obvious that any reasonable person would have been able to see and avoid it, a person’s own negligence may limit or even prevent that person from recovering compensation. Contributory or Comparative Negligence is a defense the property owner may assert, claiming that the injured person’s own conduct is the reason they were hurt.

Other Responsible Parties

In general, the property owner is typically responsible for the condition of the property. There are many situations however where someone other than the property owner may be responsible for the condition, maintenance or repair of the land or property. The responsible party can be a person, company, group, agency, or Governmental unit. Some examples of a “possessor in control of property” include: a tenant instead of the Landlord; a maintenance, landscape or snow removal company hired by a property owner; a construction company working on land owned by someone else; a Public Utility Company whose pipes, wires or other objects cross or lie on land owned by another. There may also be situations where a third-party person or entity directly caused the dangerous or defective condition to occur or exist in the first place.

Duty of Care

Different “classes” of property owners have a different level of care required to avoid harm to others who may use, cross or be present on their property. Similarly, the status of the injured person may also affect the level of care required. There are significant differences in the responsibility of care owed to a residential invitee, a business invitee, a member of the general public and or a trespasser. There are even some circumstances where a property owner may be “immune” from liability for injuries, such as certain Governmental entities.

Working with an experienced lawyer can increase the likelihood that you are able to present evidence that meets the legal proofs required. Additionally, working with an attorney increases the likelihood that your complaint filed in the matter will include all relevant causes of action making it less likely that your matter will be dismissed or that you will face an adverse summary judgment.

WHAT TYPES OF INJURIES ARE COMMON IN SLIP AND FALL CASES IN PENNSYLVANIA?

Falls are a leading cause of injury and death for older Americans. In this population, slips and trips account for the vast majority of serious injuries like broken bones, bone fractures, and traumatic brain injuries. Because every fall is different and different people will try to brace themselves in different ways, injuries resulting from a fall can occur in both the arms, legs, and extremities and also in the body’s core.

However, falls can produce serious injuries in any person. Aside from the common serious injuries described above, more minor wounds like cuts, scrapes, and bruises can also be inflicted. If you have fallen, it is wise to seek medical attention because a seemingly minor injury could actually be a sign of a more serious condition.

CALL THE SLIP & FALL ATTORNEYS OF SCHMIDT, KIRIFIDES & RASSIAS IN PHILADELPHIA AND DELAWARE COUNTY, PENNSYLVANIA

Slip & Fall cases are some of the most complex cases in the field of Personal Injury Law. The trial attorneys at Schmidt, Kirifides & Rassias have the skill and experience necessary to obtain the maximum compensation available. With offices in Philadelphia and Media, Pennsylvania, our slip & fall attorneys are available to provide legal representation for clients throughout Southeast Pennsylvania including Delaware County, Montgomery County, Chester County, Berks County and Bucks County. For a free consultation, call us at (610) 892-9300 or contact us online

Third Party Liability

WHAT IS THIRD-PARTY LIABILITY?

Most individuals that are hurt in a work accident believe that Workers’ Compensation is the only available means of seeking financial recovery for their losses while they recover from their injuries. This is not always true. If you have been injured in a work accident that was caused by the negligence of someone other than your employer or co-worker, you may have a basis to seek compensation through a third-party liability claim. In addition, if you were injured by a defective or dangerous product, you may have a foundation to pursue compensation through a products liability claim. This compensation would be in addition to your Workers’ Compensation benefits.

Third-party liability occurs when you suffer an injury at work that is caused by the negligence of a party other than yourself or your employer – that is, a “third party”. The third party’s negligence is responsible, in whole or part, for your workplace accident. It is important to know that a third-party liability claim does not replace a Workers’ Compensation claim. Instead, these two claims are filed in conjunction with one another. Workers’ Compensation claims allow injured victims to receive compensation for medical benefits and lost wage benefits; however, they do not provide compensation for pain and suffering or for all of your financial losses. A third-party claim may be the only option for achieving a full recovery for your injuries. Therefore, it is imperative that you seek the assistance of an injury law firm with accident attorneys experienced in both Workers’ Compensation claims and personal injury lawsuits.

Examples of those who may be potentially responsible in a third-party liability lawsuit could include:

  • Companies or individuals who are working at a construction site that involves numerous trades working at the same time
  • Manufacturers or sellers of defective tools or workplace equipment
  • Business or property owners where workers visit while performing their jobs
  • Drivers of cars or trucks that cause auto accidents resulting in injuries to workers while on the job

Third-party liability is a complicated area of the law that requires an experienced injury lawyer knowledgeable in the intricacies of pursuing a third-party personal injury lawsuit in conjunction with a Workers’ Compensation claim. Determining who should be held accountable for a workplace accident can be a complex process that requires the legal expertise of a qualified Delaware County Workers’ Compensation attorney. It is also critical to understand that there is a Statute of Limitations or time limit as to when a third-party claim can be filed. Therefore, a prompt and thorough investigation needs to be conducted.

Workplace accident and third-party claims require the expertise and skill of a team of knowledgeable accident attorneys. At the Delaware County injury law firm of Schmidt, Kirifides & Rassias, you get a team of attorneys in one single office, working together, to ensure the maximum recovery for the injured worker – as compared to separate law firms seeking only to maximize their individual part of the case, sometimes causing negative effects to another part of the claim.

OUR INJURY ATTORNEYS IN PHILADELPHIA AND DELAWARE COUNTY FIGHT TO MAXIMIZE COMPENSATION FOR INJURED WORKERS

The dedicated Delaware County injury attorneys at Schmidt, Kirifides & Rassias have established themselves as a reputable full-service injury law firm that assists clients involved in a wide range of injury matters, including Workers’ Compensation claims, personal injury lawsuits and Social Security Disability claims. When you are injured in any type of accident or disabled for any reason, our injury attorneys can help you maximize your compensation, holding negligent parties liable for the injuries they have caused you and helping you obtain the full and fair compensation you are entitled to receive under Pennsylvania law.

If you have been injured while performing your job and believe that you may have a third-party claim, it is important for you to contact an experienced personal injury attorney as soon as possible to determine if you have a valid case. We encourage you to contact us immediately upon sustaining a workplace injury so we can investigate the details of your accident and advise you of your legal options. Our injury lawyers in Media and Philadelphia, Pennsylvania, have handled numerous third party claims securing favorable settlements and verdicts for our clients. Call us today for a free consultation at (610) 892-9300.

Wrongful Death

The loss of a loved one is one of the most traumatic experiences any family will endure. When a loved one’s death is caused by preventable circumstances such as someone else’s negligent or intentional acts, carelessness or aggression, a surviving spouse or other family members may experience anger and confusion in addition to immense grief.

Unfortunately, during such difficult times a deceased individual’s family must also think about pursuing their legal rights to restore justice through money damages. Pennsylvania wrongful death laws provide only a short period of time in which a grieving widow or family may bring a wrongful death claim against whomever is responsible for the death of their loved one. Failure to take prompt action could jeopardize a potential wrongful death claim.

WHAT TYPES OF DAMAGES CAN BE AWARDED IN A PENNSYLVANIA WRONGFUL DEATH SUIT?

Recoverable damages in wrongful death suits can include the financial support that the deceased family member would have contributed to the household. Other damages our experienced Philadelphia wrongful death attorneys may seek to include:

  • Direct costs such as medical bills and funeral expenses
  • Loss of pension or retirement benefits the deceased would have received but for the wrongful death
  • Loss of future earnings the deceased would have earned
  • Compensation for the mental pain and suffering of the survivors, also known as loss of companionship
  • Punitive damages that a jury might assess the defendant for his or her action that resulted in the death

HOW IS THE AMOUNT OF A DAMAGE AWARD DETERMINED?

In a Pennsylvania wrongful death case, a jury may award damages that it finds fair and just in relation to the injury to the deceased’s loved ones. However, the calculation of the damages you should seek is a complicated process that can best be achieved with the assistance of a skilled wrongful death attorney at Schmidt, Kirifides & Rassias. Headquartered in Media, Pa., we handle wrongful death actions throughout Pennsylvania, including Berks County, Bucks County, Chester County and Delaware County, and we will help you sort through the meaning of terms like “present value,” “future losses,” “life expectancy tables,” “reasonable interest rate,” or “discounted value.” We can explain how wrongful death damages are distributed in cases with more than one beneficiary under Pennsylvania law.

HOW DO I KNOW IF I HAVE A WRONGFUL DEATH CLAIM IN PHILADELPHIA OR DELAWARE COUNTY?

Wrongful death claims may arise out of a number of circumstances such as medical mistakes, motor vehicle accidents, workplace hazards and defective products. Because compensation for the wrongful death of a loved one is based in large part on his or her financial contribution to the family, as well as how survivors have been affected emotionally, it is important to enlist the help of an experienced attorney when considering a Pennsylvania wrongful death action.

The Media wrongful death attorneys of Schmidt, Kirifides & Rassias are skilled in handling these difficult matters. We represent the families of victims in Berks, Bucks, Chester and Delaware Counties with understanding and compassion. Your attorney will work hard to secure your financial future so that you may concentrate on caring for your family as you cope with your loss. Your lawyer will always take the time to answer your questions, discuss your concerns and personally return your phone calls.

If you believe that you have a wrongful death claim, please do not hesitate to contact us here at our Media offices. We are here to help restore your physical, emotional and financial wellbeing. It is important to act promptly so that evidence can be preserved, investigation of the accident can start immediately, and a lawsuit can be filed prior to expiration of the Pennsylvania wrongful death statute of limitations.

The death of a family member, whether in a workplace accident or as the result of an illness caused by occupational hazards, is one of the most horrific events a family can face. No amount of money will ever come close to compensating your family for the loss of a loved one due to a fatal accident at work. The pain and loss associated with a sudden death after an injury at work can leave a family feeling lost, angry and confused. A Workers’ Compensation claim is one way a family can seek assistance from the deceased family member’s employer.

The Media, PA Workers’ Compensation attorneys at Schmidt, Kirifides & Rassias represent families in fatal work accident claims against employers. Our lawyers can help secure benefits and money damages to replace a loved one’s lost income and secure your financial future. In some cases the actual employer is not at fault for a fatal accident on the job, but the employee’s death happens at work because of defective equipment manufactured or installed by a third party. Whether or not an employer is at fault, family members may still be entitled to Workers’ Compensation survivor benefits.

OUR ATTORNEYS WILL PROTECT YOUR FAMILY’S INTERESTS IN THIS TIME OF TRAGEDY

Our Media PA Workers’ Compensation lawyers at Schmidt, Kirifides & Rassias have the best interests of the grieving family in mind, and we will protect your rights in obtaining the money damages to which you are entitled. We represent the families of those who were tragically killed in work-related accidents or as the result of occupational disease. While nothing can ever bring back a lost family member, hiring an experienced Pennsylvania Workers’ Compensation attorney can help you obtain the monetary compensation that your family needs and deserves.

Our Delaware County attorneys blend substantial legal experience with a unique perspective of the insurance industry to provide confident representation to people dealing with the loss of a loved one, whether in Delaware County, Bucks County, Berks County, Montgomery County, Philadelphia County, Chester County, or anywhere across the state. Call today for a free consultation with an experienced Workers’ Compensation attorney at (610) 892-9300 or contact us online.

Nothing can replace your loss, but at the Delaware County personal injury law firm of Schmidt, Kirifides & Rassias we will support you in enduring this tragedy, and we will pursue financial compensation for your loved one’s surviving dependents.

Contact Us

44 E Front Street, Media,PA 19063

(610) 892-9300

info@skr.legal

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