The Philadelphia Car Accident Lawyers of Heiligman & Mogul
Practice Areas and Legal
Definitions
Wrongful Death:
A wrongful death occurs when a person is killed due to the
negligence or misconduct of another individual, company or
organization. A legal action for wrongful death belongs to the
decedent's immediate family members, usually a surviving spouse and
children, and sometimes parents. Under certain circumstances,
unrelated minor children living with and supported by the decedent
may also bring a claim for wrongful death. In order to bring a
successful wrongful death cause of action in Pennsylvania, the
following elements must be present:
- The death of a human being
- Caused by another's negligent or intentional conduct
- The survival of family members who are suffering the loss of
financial support, love, care, comfort, supervision, guidance,
household assistance and general society previously provided by the
deceased
The general rule in Pennsylvania in wrongful death cases is that
one is entitled to recover both economic and non-economic damages
which are suffered as a result of the loss of a loved one. Economic
damages in a wrongful death case include an award for the financial
contributions which the decedent would have made to his wife,
children and/or parents had he or she survived. It also includes
the recovery for funeral services in memory of the decedent and for
burial costs. Non-economic damages include loss of love,
companionship, comfort, affection, society, solace or moral
support.
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Spinal
Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the
spinal canal are damaged. Most SCI's are caused by trauma to the
vertebral column, affecting the spinal cord's ability to send and
receive messages between the brain and the body's systems that
control sensory, motor and autonomic function. Motor vehicle
accidents are the leading cause of SCI, followed by acts of
violence, falls, sports injuries and diseases such as polio, spina
bifida and Friedreich’s Ataxia. The spinal cord does not have to be
severed in order for a loss of functioning to occur; it only has to
be fractured.
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Traumatic Brain
Injury:
Traumatic brain injury (TBI) is a medical phrase used to
describe the damage to the brain suffered by sudden impact or
physical force to the head. Essentially, the human brain floats in
a fluid substance called cerebrospinal fluid. TBI can result when
the force of momentum causes the brain to impact against the skull.
This type of injury, often the result of hitting your head on the
windshield, pavement or object, is frequently referred to as a
"closed head injury." Whiplash can also cause TBI. These closed
head injuries can result in lasting physical and mental
problems.
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Burn
Injuries:
People who have suffered and survived the agony of second, third
and even fourth degree burns describe the pain they experienced as
among the most severe of all traumatic injuries. Personal injuries
involving severe burns commonly result from explosions, premises
fires, defective products, motor vehicle collisions or electric
shock, as well as accidental exposure to harmful chemicals and
radiation.
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Vehicle
Accidents:
Legal claims that arise from vehicle accidents are typically
governed by the law of negligence. Any individual who negligently
operates a motor vehicle may be required to pay damages to an
injured victim. A personal injury case involving a vehicle accident
may become formalized through civil court proceedings, or may be
resolved through an informal settlement before a lawsuit is filed.
Vehicle accidents can include car accidents, boating accidents,
bicycle accidents, motorcycle accidents, plane accidents, semi
tractor trailer accidents, school bus accidents and truck
accidents, to name a few. Surviving family members of a fatality
accident victim may be able to bring wrongful death charges against
the defendant.
The Pennsylvania car accident lawyers of Heiligman & Mogul, P.C. have years of
experience and a successful track record representing clients who
have suffered significant injuries in automobile accidents. The
Philadelphia injury attorneys of the Firm work closely with doctors
and other health care providers to discuss the short and long-term
medical consequences of an injury. The Pennsylvania truck accident
attorneys of Heiligman & Mogul, P.C. possess a detailed
comprehension of Pennsylvania’s automobile insurance and liability
laws and understand the different sources of recovery available to
car accident victims and their families.
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Slip and Fall/ Premises
Liability:
Slip and fall accidents can happen anywhere and can cause
serious personal injury. Most slip and falls happen in commercial
settings, including grocery stores, drug stores, office buildings,
construction sites, and even gas stations and malls. These
accidents may also happen on private property. Either way, there
exist duties on the part of the property owners to maintain the
property responsibly and avoid the existence of dangerous
conditions.
Dangerous or defective conditions may be large or small,
temporary or permanent. Therefore, investigation of the claim is
essential to a successful case. Temporary conditions such as water
on the floor of a grocery store or snow and ice on the stairs of a
restaurant need to be investigated quickly. If a claim is against a
town or the Commonwealth of Pennsylvania, then notices are required
within a few months of the injury. For more information, please
contact the Philadelphia, Pennsylvania personal injury lawyers of
Heiligman & Mogul, P.C..
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Defective
Products:
Products liability refers to a manufacturer or seller being held
liable for placing a defective product into the hands of a
consumer. Products liability cases may include defective or poorly
designed machinery, tools, motor vehicle defects, recreational
products, pharmaceuticals, and other defective products and
equipment. A person injured by a defective or dangerous product may
be eligible to file a lawsuit for products liability, and recover
damages under one of the following categories: strict products
liability, negligence or breach of warranty.
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Medical Malpractice:
Medical malpractice is the failure of a health care provider to
follow the accepted standards of practice of his or her profession
in the community where the service is rendered. If a physician was
careless, lacked proper skills, or disregarded standardized rules
resulting in injury to a patient, a jury may find the health care
provider liable for negligence. Hospitals can also be held liable
for the negligence of their employees, including staff nurses and
technicians.
Examples of Medical Malpractice include:
- Failing to diagnose a tumor while reading an x-ray
- Puncturing a nearby organ or tissue during surgery
- Failing to order necessary and appropriate medical tests
- Failing to diagnose a condition in time to treat it
properly
- Failing to refer a case to a medical specialist
- Prescribing incorrect medication
- Brain Injury
- Failing to properly administer
anesthesia
- Birth Injury
- Cerebral Palsy
- Incorrect diagnosis that results in a failure to treat a
medical condition
- Emergency room negligence
- Dental Malpractice
- Cosmetic Surgery Malpractice
- Anesthesia
Negligence:
Medical malpractice injuries can occur when anesthesia is
improperly given or not given in a timely manner to a patient
during a surgical procedure. If the failure of the anesthesiologist
is the cause of injury or death to a patient, damages may be
recoverable under the laws of medical malpractice.
- Birth
Injury:
Birth injury malpractice is the failure of an obstetrician to
properly perform his or her duties; i.e. failure to administer
blood tests to detect abnormalities that can result in death or
serious injury to both the mother and fetus. If you have been
injured because of improper medical care, you may have a claim
against the obstetrician/gynecologist who treated you. However,
statutes of limitations bar the filing of claims after a certain
period of time following the negligent act.
- Cerebral
Palsy:
Cerebral palsy is permanent brain injuries that affect an infant in
the womb, during birth, or in the months following birth and is one
of the most common birth injuries in the United States. Cerebral
palsy patients are subject to limited motor skills, speech
difficulties and learning disabilities. When cerebral palsy occurs
as the result of medical malpractice, the responsible party
inflicting said injuries can be held legally responsible. Examples
of medical malpractice during delivery include leaving the baby in
the birth canal too long resulting in oxygen deprivation, and/or
failing to perform or delaying a necessary C-section.
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Nursing Home Abuse & Neglect:
Americans are living longer than ever before. The fastest
growing segment in the United States is the elderly population. As
a result of this demographic shift, many elderly Americans have
become residents of nursing homes during their final years. As many
of these nursing homes are under-funded and understaffed, a
disturbing incidence of neglect and abuse is being reported.
Injuries sustained by nursing home residents due to neglect and
abuse often involve the inappropriate use of physical restraints,
joint contractors, overuse of sedatives, unnecessary use of urinary
catheters, loss of mobility, pressure sores and lack of nutrition
with weight loss.
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Insurance
Claims:
Insurance claims are a notice for reimbursement from an
insurance company when the insured has suffered a loss that is
covered under the insurance policy. Under Pennsylvania law,
insurance companies cannot refuse to pay a customer's claim without
"reasonable justification." This means that an insurance company
must engage in a reasonable investigation and pay legitimate claims
in a timely manner. If an insurance company fails to handle its
customer's claim properly, it may be held accountable for resulting
economic losses, including lost wages, interest on money the
insured borrowed to cover expenses while insurance benefits were
wrongfully withheld, and loss due to damaged credit.
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Dog/Animal
Bites:
Every year, millions of Americans are bitten by animals. Being
attacked by a dog is an extremely stressful event. Many dog bite
injuries leave scars and have lasting emotional effects. In the
Commonwealth of Pennsylvania, the owner or keeper of a dog is
strictly liable for his or her dog, even if it is the first time
the dog has injured someone. As long as the injured victim was not
trespassing, teasing or tormenting the dog, the keeper or owner of
the dog is liable for any injuries sustained. Compensation for a
dog bite can include payment for medical bills, pain &
suffering, mental anxiety, fear and scarring.
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Construction/
On the Job Accidents:
Construction labor makes up one of the three most dangerous
occupations in the United States today; each year producing
thousands of debilitating injuries and wrongful deaths. Factors
that contribute to construction accidents include workers lifting
loads with worn and weathered cables, working on elevated platforms
without fall protection or wearing defective safety harnesses and
lanyards, and/or working in trenches with improper benching and
using outdated tools and equipment. Farming and manufacturing
accidents, as well as the oil and gas industry can also cause
serious injury and toxic exposure.
- Toxic Exposure:
Due to the tremendous growth of corporate industry in the United
States over the past fifty years, the number of dangerous, toxic
substances in the environment has grown significantly. Some toxic
substances are shown to cause substantial injury to people; i.e.
lead-based paint linked to brain damage, especially in children;
asbestos linked to lung cancer and restrictive lung disease; dry
cleaning and other solvents linked to brain damage and major organ
damage; pesticides such as dioxin and DDT linked birth injuries and
toxic landfill waste linked to leukemia.
Construction site personal injury law is not practiced nor
understood by many personal injury attorneys. As a result, many
personal injury construction claims are often subject to mediocre
representation and minimal financial compensation due to improper
legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in
a variety of construction techniques and has successfully litigated
numerous construction site personal injury cases.
If you or someone you know in Philadelphia or within the
surrounding areas of Pennsylvania, New Jersey, Delaware or Florida
needs the assistance or trusted legal advice of an experienced
Philadelphia car accident lawyer, please call Heiligman & Mogul, P.C.
today at (866) 626-3073, or complete the contact form
provided on this site to begin your free consultation.
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