Slipping and falling can happen unexpectedly, leaving you with injuries that disrupt your life. If you've been injured in a slip and fall accident, understanding your rights and next steps is crucial to securing the compensation you deserve. This comprehensive guide draws from over 30 years of experience handling personal injury cases at Schuster Law Personal Injury Attorneys with 30+ Years Experience, helping victims navigate these challenging situations effectively.

Understanding Slip and Fall Accidents

Slip and fall accidents occur when a person loses footing due to hazardous conditions, resulting in injuries ranging from minor bruises to severe fractures or head trauma. These incidents often take place in public spaces, stores, workplaces, or private properties where property owners or managers fail to maintain safe environments. Common causes include wet floors without warning signs, uneven surfaces, poor lighting, cluttered walkways, or icy patches during winter. According to insights from seasoned personal injury practices, negligence by the property owner or occupier is the key factor determining liability.

Negligence in these cases means failing to take reasonable steps to prevent foreseeable harm. For instance, if a store spills liquid on the floor and does not clean it up or post signs promptly, it may be held responsible. Property owners have a duty of care to visitors, which includes regular inspections, timely repairs, and adequate warnings. When this duty is breached, victims can pursue claims for damages. Our team at Schuster Law, with extensive experience in personal injury claims, knows that proving this breach requires gathering evidence such as photos of the hazard, witness statements, and incident reports taken right after the fall.

These accidents affect people of all ages, but they pose greater risks to the elderly, children, and those with mobility issues. Statistics from legal practices handling such cases show that slip-and-fall incidents account for a significant share of personal injury lawsuits, often resulting in medical bills, lost wages, and long-term pain. Recognizing the immediate impact helps victims act swiftly to protect their interests.

Common Injuries from Slip and Fall Accidents

Injuries sustained in slip-and-fall accidents can be devastating and life-altering. Broken bones, such as hips, wrists, and ankles, are among the most frequent, requiring surgery, casts, and extended rehabilitation. Head injuries, including concussions and traumatic brain injuries, demand urgent medical attention and may result in cognitive impairments, memory loss, or chronic headaches. Soft-tissue injuries, such as sprains, strains, and torn ligaments, can cause ongoing pain and limit daily activities.

Spinal cord injuries represent some of the most severe outcomes, potentially leading to partial or full paralysis, nerve damage, and permanent disability. Back injuries, including herniated discs and fractures, often necessitate physical therapy or invasive procedures. Cuts, lacerations, and burns from sharp objects or hot surfaces add to the trauma, sometimes requiring stitches or skin grafts. Emotional injuries, such as anxiety, depression, and post-traumatic stress, are also common, stemming from the fear and helplessness of the incident.

In our practice at Schuster Law, we've seen cases where victims suffered multiple injuries simultaneously, compounding recovery challenges. For example, a simple slip might cause a fractured hip alongside a concussion, doubling medical costs and recovery time. Long-term effects include chronic pain, reduced mobility, and inability to work, underscoring the need for comprehensive compensation that covers all aspects of harm.

Immediate Steps to Take After a Slip and Fall Injury

If you've been injured in a slip-and-fall accident, your actions in the first moments can significantly impact the outcome of your case. First, prioritize your safety and seek medical attention immediately, even if injuries seem minor. Adrenaline can mask pain, and delayed symptoms like internal bleeding or fractures could worsen without prompt care. Document the scene thoroughly: take photos or videos of the hazard, your injuries, and surrounding conditions, noting the time, weather, and any witnesses.

Report the incident to the on-site property owner or manager, and obtain a written incident report if possible. Avoid giving detailed statements to insurance representatives without legal advice, as they may use your words against you. Preserve evidence like torn clothing or shoes stained by the hazard. Contact a personal injury attorney experienced in these claims, such as those at Schuster Law's Dedicated Personal Injury Practice Areas, to guide you through the process.

Follow up with all recommended medical treatments and keep meticulous records of bills, prescriptions, and doctor visits. Notify your health insurer if applicable, but understand that pursuing a liability claim against the at-fault party is separate. These steps establish a strong foundation for proving negligence and calculating damages.

Proving Liability in Slip and Fall Cases

Proving liability hinges on demonstrating four elements: duty of care, breach of that duty, causation, and damages. Property owners owe a duty to keep premises reasonably safe for invitees, licensees, and trespassers, with higher standards for business visitors. A breach occurs when they fail to address known hazards or those they should have discovered through reasonable inspection.

Causation links the breach directly to your injury, showing you wouldn't have fallen but for the hazardous condition. Damages encompass economic losses, such as medical expenses and lost income, as well as non-economic losses, such as pain and suffering. Evidence is critical: surveillance footage, maintenance logs, prior complaints, and expert testimony on safety standards bolster claims.

In complex cases, defenses like comparative negligence may arise if the victim contributed to the fall, such as by not watching their step. Experienced attorneys counter this by emphasizing the owner's primary responsibility. Schuster Law's team, with over 30 years in personal injury, excels at building airtight cases using these strategies.

Types of Compensation Available

Victims of slip-and-fall accidents can seek various forms of compensation. Economic damages cover tangible losses: past and future medical bills, rehabilitation costs, lost wages, and diminished earning capacity. For someone unable to work for months, this includes foregone salary, benefits, and bonuses.

Non-economic damages address intangible harms, such as physical pain, emotional distress, loss of enjoyment of life, and disfigurement. Punitive damages, though rare, punish egregious negligence. Wrongful death claims arise if the fall proves fatal, compensating the surviving family for funeral costs, loss of companionship, and financial support.

Settlement values vary widely based on injury severity, liability clarity, and policy limits. Our firm has secured favorable verdicts and settlements in personal injury matters, ensuring clients receive what they deserve beyond standard workers' comp, if applicable. For more on related claims, explore Schuster Law Workers' Compensation for Injury Victims.

The Claims Process Explained Step-by-Step

Filing a slip and fall claim begins with investigation: gathering evidence, identifying liable parties, and valuing damages. Your attorney sends a demand letter to the insurer outlining the claim. Negotiations follow, where most cases settle without court. If stalled, a lawsuit is filed, entering discovery with depositions, interrogatories, and expert reports.

Motions may precede trial, and if unresolved, a jury decides liability and award amounts. Appeals can extend timelines. Throughout, adhere to statutes of limitations, typically two years from injury. Schuster Law's attorneys handle every phase, from initial consults to verdicts, maximizing outcomes.

Understanding timelines helps manage expectations: simple claims resolve in months, complex ones in years. Patience and persistence pay off, as insurers often lowball initially.

Why Hiring an Experienced Personal Injury Attorney Matters

Insurance companies employ adjusters trained to minimize payouts, using tactics like disputing liability or undervaluing claims. Without representation, victims risk accepting inadequate settlements. An attorney levels the field, negotiating aggressively and litigating if needed.

Benefits include expertise in evidence collection, damage assessment, deadline management, and access to investigators and experts. No upfront fees via contingency arrangements mean you pay only if you succeed. Schuster Law's over 30 years of representing injury victims ensures personalized service and proven results in personal injury law.

Challenges and Defenses in Slip and Fall Cases

Defendants often argue open and obvious hazards, assuming victims should have seen and avoided them. Contributory negligence claims reduce awards proportionally. "Staircase rule" defenses apply to familiar properties. Open/closed door distinctions affect licensee duties.

Overcoming these requires nuanced legal knowledge. Attorneys use case law, safety codes, and reconstructions to refute defenses. Weather-related slips demand proof of failure to mitigate known risks.

Preventing Slip and Fall Accidents

Prevention starts with awareness: watch for hazards, wear appropriate footwear, and report issues. Property owners should implement mats, signs, lighting, handrails, and regular maintenance. Non-slip surfaces and prompt spill responses save lives and liability.

Long-Term Recovery and Support

Recovery involves medical care, therapy, vocational rehab, and counseling. Financial planning aids while awaiting settlements. Support groups offer emotional relief. Comprehensive plans restore quality of life.

Frequently Asked Questions

What should I do immediately after a slip-and-fall accident?

After a slip-and-fall, seek medical care promptly to document injuries and begin treatment. Take photos of the scene, the hazard, and your injuries, and collect witness contact information. Report to property management for an incident report, but avoid signing anything or admitting fault. Preserve clothing and shoes as evidence. Contact an experienced personal injury attorney to evaluate your claim. These steps preserve evidence crucial for proving negligence and securing compensation. Delaying medical attention can weaken your case, as insurers argue injuries aren't accident-related. Thorough documentation counters defenses like comparative negligence. With over 30 years of experience handling such cases, firms like Schuster Law guide clients through initial chaos to strong claims. Medical records link injuries to the fall, supporting damage calculations for bills, lost wages, and pain. Witnesses corroborate your account against insurer disputes. Acting fast within statutes of limitations protects rights. Professional advice ensures you don't settle for less than you deserve.

How do I prove the property owner was negligent?

Proving negligence requires showing duty, breach, causation, and damages. Duty exists for safe premises; breach via the failure to address hazards. Evidence includes photos, videos, reports, logs, footage, and testimony. Experts testify on standards. Attorneys investigate promptly before evidence vanishes. Insurers demand proof burdens; skilled lawyers shift it effectively. Case law supports claims against open hazards if unmarked. Maintenance records reveal prior knowledge. Witness statements detail conditions. Medical causation links fall to injuries via records. Comprehensive proof maximizes settlements. Schuster Law's experience builds compelling narratives overcoming defenses.

What types of injuries are common in slip and fall cases?

Common injuries include fractures (hips, wrists, ankles), head trauma (concussions, TBIs), spinal damage, soft tissue strains, cuts, and emotional distress. Severity varies; severe cases cause disability. Multiple injuries compound costs. Long-term effects like arthritis or PTSD demand future projections. Medical experts quantify impacts. Claims cover all documented harms. Thorough evaluations ensure full compensation.

Can I file a claim if I was partially at fault?

Yes, under comparative negligence, awards are reduced by the percentage of fault. Pure systems bar recovery over 50%; modified allows partial. Evidence minimizes your share. Courts apportion based on facts. Strong cases preserve substantial recoveries. Attorneys negotiate fault allocations favorably.

How much is my slip and fall claim worth?

Value depends on medical costs, lost income, pain, liability, and policies. Multipliers apply to specials for generals. Experts project futures. Settlements average thousands to millions. No exact formula; cases are unique. Professional valuations secure maximums.

What is the statute of limitations for slip and fall claims?

Typically, two years from injury, varying by jurisdiction. Discovery rules toll for latent injuries. Minors extend. Deadlines are strict; miss them, and you lose your rights. Calendar all steps. Attorneys track diligently.

Do I need a lawyer for a slip-and-fall claim?

Yes, insurers lowball without. Lawyers negotiate, litigate, and calculate accurately. Contingency fees are risk-free. Expertise saves more than costs. Complexities demand pros.

How long does a slip and fall case take?

Months for settlements, years for trials. Factors: injury complexity, cooperation, and disputes. Investigations first, then negotiations. Most settle pre-trial. Patience key.

Will my medical bills be covered?

Claims seek reimbursement from at-fault parties. Health insurance pays interim, subrogates. PIP in autos applies sometimes. Full recovery includes all bills.

What if the accident happened at work?

Workers' comp covers initially; third-party suits possible for negligence. Separate benefits; personal injury adds pain, punitives. Dual pursuits maximize. Experts navigate overlaps.

Conclusion

Being injured in a slip-and-fall accident demands swift, informed action to protect your future. By following these steps and partnering with trusted personal injury professionals, you can pursue the justice and compensation owed. Reach out for guidance tailored to your situation.

Trying to find the best car accident chiropractor in North Wales Pa for whiplash is extremely important. Dr. Allen Conrad of Montgomery County Chiropractic Center in North Wales, PA is ready to help. Car accidents can cause severe physical and emotional problems. Injuries resulting from these incidents often include whiplash and neck and back pain, among others. If you were rear-ended in an auto accident, you need to get an examination right away.

The Montgomery County Chiropractic Center in North Wales, PA, has experience in treating auto-related personal injury cases. Dr. Allen Conrad offers a comprehensive approach to car accident injury management. He can assist in your recovery and help alleviate your pain.

Do I have any Car Accident Injuries?

The Montgomery County Chiropractic Center understands that each car accident injury is unique and requires our personal attention. Their team of experienced chiropractors specializes in treating whiplash neck and back pain. Many symptoms may not show up resulting from rear-end collisions until later, so early detection is essential. By conducting a thorough examination, including X-rays and MRI scans, they can accurately diagnose your condition. They will explain your treatment plan and explain your treatment options.

What is Whiplash Treatment?

Whiplash is a common injury that occurs when the head is rapidly pushed forward and backward during an auto accident. Symptoms may include neck pain, stiffness, migraines, headaches, and even dizziness. If you had neck pain and headaches before your car crash, your injury may be made worse by whiplash. The doctors at Montgomery County Chiropractic Center have over 23 years of experience in providing effective whiplash treatment. Through gentle spinal adjustments, soft tissue therapy, and rehabilitation exercises, they can help restore mobility. This will help reduce pain and promote healing to injured areas.

Neck and Back Pain Treatment

Neck and back pain are often the result of the impact caused during a car accident. These injuries can significantly limit your daily activities and quality of life. The chiropractors at Montgomery County Chiropractic Center are skilled in relieving such pain. Their treatments include massage therapy, chiropractic adjustments, spinal decompression therapy, stretching and other non-invasive techniques. Their goal is to alleviate your discomfort, restore proper spinal alignment, and enhance your overall well-being.

Referrals for other doctors

In most cases, car accident injuries may require additional medical attention. We can refer you for a neurologist consultation or electromyography (EMG) testing. The Montgomery County Chiropractic Center maintains strong collaborative relationships with trusted healthcare professionals in North Wales, PA. Our experience in whiplash injuries can provide you with appropriate referrals for testing and examinations. They understand the importance of a multidisciplinary approach to your recovery. As a result, they work closely with other specialists to ensure you receive the comprehensive care you need.

Do I need an attorney for a car accident in Pennsylvania?

If you suffered a personal injury following a car accident, it is important to consult a lawyer to understand your rights. The Montgomery County Chiropractic Center understands the importance of this documentation and can assist you by providing comprehensive records to your attorney. These records can be used as evidence to support your case. Their team is dedicated to helping you navigate the legal aspects of your personal injury claim.

Conclusion

If you have recently been involved in a car accident and are experiencing whiplash, neck, or back pain, visit the Montgomery County Chiropractic Center in North Wales, PA. Their experienced chiropractors will provide you with a complete examination. If you are injured from being rear-ended, they will develop a care plan of Chiropractic care, physical therapy exercises, and massage therapy to help with pain relief. They will also help you improve strength and range of motion once ready. 

By incorporating other healthcare professionals and assisting with personal injury documentation, they ensure you receive comprehensive care.  Contact Montgomery County Chiropractic Center at 215-628-2529 to schedule an appointment and begin your path toward healing today. You can also read more about them on their website or on their blog.

 

Montgomery County Chiropractic Center

Dr. Allen Conrad, BS, DC, CSCS

1120 Welsh Rd #110, North Wales, Pa, 19454

215 628-2529

 

https://montcochiro.com/lansdale-chiropractor-auto-accidents-rear-ended-whiplash-treatment/

https://montcochiro.com/auto-accident-north-wales-pa/

 

More than eight million people are impacted by carpal tunnel syndrome each year. What exactly is this syndrome, what causes it, and how is it treated?

Carpal Tunnel Syndrome: The Facts

Carpal tunnel syndrome is also known as median nerve compression. The median nerve runs the entire length of the arm and controls sensation and movement in the thumb and first three fingers (not the "pinky" finger). At the wrist, the median nerve runs through a small space known as the carpal tunnel.

The carpal tunnel is aptly named, as in the wrist exists a "tunnel" created by tissues including ligaments, muscles, and bone. It is through this tunnel that the median nerve reaches through into the palm of the hand and extends into the fingers. A number of situations can cause this space or tunnel to narrow, putting pressure on the median nerve and causing patients to experience a number of uncomfortable symptoms.

Carpal tunnel syndrome is the result of repetitive motion that causes the tissue around the median nerve to become inflamed. This can be from a number of activities but is commonly seen in people who do a lot of typing or other work that requires the use of their hands.

Symptoms of Carpal Tunnel Syndrome

Common symptoms of carpal tunnel syndrome include:

• Numbness or tingling in hands and/or fingers
• Pain on the underside of the wrist (where the Carpal Tunnel is located)
• Burning sensations in hands/wrist, often "phantom" (without an actual source of heat to cause them)
• Weak hands or fingers, particularly when gripping objects

These sensations could be just in the hand or could travel up the entire length of the arm. Additionally, many people suffering from Carpal Tunnel Syndrome report that symptoms are worse at night.

What Causes Carpal Tunnel?

There are many causes of carpal tunnel syndrome, including:

• Rheumatoid Arthritis
• Hypothyroidism (or other thyroid problems)
• Diabetes
• Repetitive motions (overuse of hands and wrists)
• Pregnancy (due to increased fluid retention)
• Trauma to the wrist, such as fractures or sprains, can cause swelling in the area

As you can see above, there is no single cause of carpal tunnel. Furthermore, carpal tunnel syndrome is often the result of a combination of factors rather than just one. For example, someone who has diabetes may be more likely to develop carpal tunnel syndrome if they also have a job that requires them to do repetitive motions with their hands.

Broadly speaking, a substantial number of CTS cases in Pennsylvania are caused by the repetitive motions that are performed daily by dedicated and hard-working employees. Unfortunately, most of these individuals are unaware that their jobs can leave them with painful carpal tunnel.

Industries Where Workers Are Commonly Diagnosed With Carpal Tunnel

Industries where workers are frequently diagnosed with carpal tunnel include:

• Manufacturing
• Assembly line work
• Meatpacking
• Construction
• Computer/keyboard-based industries
• Sewing
• Cashiers
• Laundry & Dry Cleaning

The symptoms that are associated with carpal tunnel syndrome can severely impact an employee’s ability to do their job, both temporarily and permanently.

How Is Carpal Tunnel Treated?

The treatment for carpal tunnel syndrome varies from patient to patient and may include:

• Medication: Anti-inflammatories and steroids are common medications prescribed for this condition.
• Physical Therapy: Exercises and stretches can help to alleviate the symptoms.
• Immobilization: A splint or brace may be issued to a patient.
• Surgery: In some cases, surgery may be required.

Ultimately, lifestyle and career changes could be required.

If you are struggling to recover compensation through workers' comp for carpal tunnel syndrome, it could be time to seek a consultation with an experienced workers' compensation attorney.

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The attorneys at Schuster Law like to share trusted resources within the local community.

In this blog post, we'd like to introduce Dr. Allen Conrad, BS, DC, CSCS of the Montgomery County Chiropractic Center.

Dr. Allen Conrad is the owner of Montgomery County Chiropractic Center, located at Gwynedd Corporate Center, 1120 Welsh Road, Suite 110, North Wales, PA 19454.  His office has been helping the Philadelphia, Montgomery and Bucks County areas for over 21 years with chiropractic care, massage therapy, and treatment of auto accident injuries including whiplash.

Dr. Conrad is a graduate of Palmer College of Chiropractic, and was the Rehabilitation and Sports Injury Intern of the year at graduation. He is a former college rugby player and is also the Team Chiropractor for the Blackthorn Rugby Team. He has taken numerous post-graduate classes in whiplash and auto accident rehabilitation and has been on numerous health expert panels for injury and health related topics. Dr. Conrad was recently featured in the Philadelphia Inquirer’s health section on ways to improve computer ergonomics with chiropractic care.

Montgomery County Chiropractic Center helps patients with whiplash injuries using chiropractic techniques including Gonstead, Thompson Drop, Activator, Diversified, and spinal decompression therapy for herniated and bulging discs. He will place you on a treatment program to improve flexibility, strength, and will discuss home exercise recommendations as well.

If you have been in a car accident, give Dr. Allen Conrad a call to schedule a whiplash assessment examination.

Montgomery County Chiropractic Center
Gwynedd Corporate Center
1120 Welsh Road, Suite 110, North Wales, PA 19454
215 628-2529

You can also schedule through his website directly: https://montcochiro.com/whiplash/

On February 27th, 2020, dozens of parents received a phone call that no parent ever expects or wants to get. An accident had occurred at their child's daycare center, sending several children to the hospital.

Woman Crashes Car Into Daycare Center

At around 1:30 p.m. in Upper Southampton Township, 17 children were taking their afternoon nap in a classroom at the Children of America daycare center. Then the unthinkable happened. A car, being driven by a woman in her 50's, smashed through the front of the building, into the classroom, traveling until it hit a back wall.

Five of the children were taken to the hospital, one in serious condition. Although specific details regarding the injuries sustained have not been released, one of the children was hospitalized for an extended period of time.

The woman whose car hit the building was also taken to the hospital to be treated for injuries. Local authorities have reported that she was at the daycare center to make a delivery. An investigation into the crash is ongoing and criminal charges have not yet been filed.

Can Parents Take Legal Action If Their Child Has Been Hurt?

Yes. If a child is hurt because of negligence their parents can take legal action against the responsible party.

For example, if a family is driving on the highway and their car is hit by a drunk driver, causing the children in the car to be injured, the parents can file a car accident lawsuit against the drunk driver. This lawsuit is not related to any criminal charges and is known as a civil lawsuit.

Civil lawsuits give the plaintiffs the chance to recover compensation for the losses they have sustained. Losses could be monetary such as medical expenses and lost wages or non-monetary, such as physical and emotional trauma. The total amount that can be recovered does vary in each case and depends upon the actual losses sustained by the plaintiffs.

Do Criminal Charges Need To Be Filed In Order To File A Civil Lawsuit?

No, criminal charges do not need to be filed in order for plaintiffs to file a civil lawsuit. Criminal and civil cases are totally separate.

An Overview Of The Legal Process

Here is a brief description of the legal process:

1. The Pleadings: During this stage, the plaintiffs file paperwork known as the complaint. This paperwork begins the court case and is provided to the defendant, who is given the opportunity to file a response to the complaint.
2. Discovery: During discovery, both sides seek information that could be used for their argument.
3. Negotiations: Often, both sides will meet to try and see if a settlement can be agreed upon. If a settlement can be reached, then a trial will be avoided.
4. Trial: If a settlement can't be arranged, the case will go to court and all arguments will be presented to a judge and jury.

At Schuster Law, our personal injury attorneys have provided the legal support that thousands of clients have needed. We prepare each case from the beginning as though it will end up in court, including preparing our clients for the courtroom experience.

That being said, the majority of cases do settle out of court.

Settlements Or Verdict: Which Is The Better Option?

There is no straightforward answer to this question. If a settlement offer is made, our lawyers review it with the client and discuss the pros and cons of accepting that offer. In some cases, the offer is appropriate and an agreement can be reached. However, offers to settle aren't always made and often the offer made isn't enough to cover the client's losses. In those cases, it may be a better option to fight for maximum compensation in court.

The bottom line is that each client is different and each client will have to decide what they feel is right. Our lawyers are happy to answer any questions that you and your loved ones may have when the time comes.

Schuster Law: Protecting The Rights Of Children And Their Families

After an accident that hurts your child, you may feel like you are unable to even consider taking legal action as you focus on providing your child with the care they need. Our legal team can help by handling all of the legal paperwork, hunting down the evidence, and then fighting for justice on your behalf.

The Occupational Safety & Health Administration has issued citations to several construction companies, including the interstate homebuilder Toll Brothers, Inc. after investigating a deadly fall on a Media, PA job site. 

Pennsylvania Man Dies After Falling 20 Feet 

In 2019, construction workers at a job site in Media, PA were working on framing a building when one of the workers slipped and fell. His fall was a total of 20 feet and he sustained several serious injuries. He was rushed to a nearby hospital where he succumbed to those injuries. 

As they do with all fatal work accidents, OSHA shut down the worksite and performed an investigation. The outcome of that investigation has resulted in numerous citations being issued to those in charge of the job site where the fatal accident took place. 

Toll Brothers Faces Nearly $75,000 In Fines Issued By OSHA 

The first set of citations was issued against Toll Brothers, Inc., with citation paperwork stating that the company had violated the Occupational Safety and Health Act of 1970. The specific citation was listed as a “Repeat” violation and stated that the company had allowed employees to work at heights of 6 feet or more without guardrail protection, a safety net system, or another fall preventative measure. 

According to OSHA officials, the company had previously been cited for this violation on 01/22/2019 in Meridian, ID and on 09/18/2018 in Middleton, ID. 

The proposed penalty fine for the repeat violation is $74,217.00.

OSHA Alleges CLF Construction Willfully Violated Construction Safety Laws 

The second set of citations issued relating to this fatal accident are filed against CLF Construction, Inc., the contractor who had employed the worker who died. 

According to their findings, OSHA has stated that the construction company also violated the Occupational Safety and Health Act of 1970 and as a result, the administration issued three citations, one “Serious” and two“Willful”. 

The serious citation alleges that the company did not have an accident prevention program in place to assist employees in identifying and avoiding hazardous conditions while working in residential construction zones. 

The second and third citations claim that the company did not provide safety equipment that prevented workers from falling through holes while engaged in framing activities and that has a result, employees were exposed to dangerous conditions that could have (and ultimately did) result in a fall of 20 feet. 

The total proposed fines for CLF Construction, Inc. are $170,560.

How Do Fines Help After A Fatal Accident? 

The harsh truth is that fines issued by OSHA won’t help accident victims or their loved ones. These fines, however, are intended to deter employers from failing to protect their employees from preventable workplace accidents. 

Although fines may do nothing to help the accident victims, there are other ways that injured workers and their loved ones can fight for justice and for compensation after a work accident. 

Workers’ Compensation Claims & Personal Injury Lawsuits: The Facts 

The majority of American workers are eligible to apply for workers’ compensation when they are hurt on the job and the law requires all employers to have this type of insurance coverage. Workers’ compensation should pay for all medical expenses relating to the work injury or illness and a fraction of lost wages if the injured worker is unable to return to work. 

The problem is that insurance companies focus more on their bottom line than the health of injured workers and train adjusters to look for reasons to deny a claim. At Schuster Law, our attorneys have seen claims denied for a simple mistake made on the claim form. 

Denials can be appealed but the appeals process is difficult and requires a lot of research and attention, time and energy that many injured workers’ do not have. 

Our lawyers fight aggressively to ensure that injured workers get the compensation that they need. When an injured worker comes to us for a workers’ compensation review, we also determine if they could file an additional legal claim called a personal injury lawsuit. 

A personal injury lawsuit cannot be filed against an employer, however, it can be filed against a third party whose actions contributed to the cause of the accident. This legal complaint can provide additional compensation for the plaintiff, including compensation for medical treatments, lost wages, physical pain, and emotional trauma. 

Can Workers’ Compensation Claims And Personal Injury Lawsuits Be Filed At The Same Time? 

Yes, these two claims can be filed at the same time. Our lawyers will handle all of the necessary paperwork and will work to obtain the evidence that is needed to support the claims. 

What Type Of Evidence Is Need To Support Legal Claims? 

When fighting for justice and compensation through a workers’ comp claim or personal injury lawsuit it’s important to keep anything that may relate to the accident or your injuries. This could include: 

• Photographs: This may include photographs of the scene of the accident or the resulting injuries. 
• Witness Information: If anyone saw the accident it’s important to obtain their contact information as they could make a powerful statement in the future. 
• Insurance Paperwork: Keep copies of anything that you submit to or receive from the insurance company. 
• Medical Records: Keep a copy of any medical records from any treating physicians. 

It may also be helpful to keep a journal detailing conversations and physical pain throughout the healing process. 

If you are a construction worker who was hurt on the job, our legal team is ready to fight for you. Don’t wait - call our law office today.

The National Transportation Safety Board (NTSB) has published its preliminary findings regarding the deadly bus crash that occurred on January 5th, 2020 on the Pennsylvania Turnpike.

Investigation Into PA Turnpike Bus Crash Continues

In the report released by the NTSB, investigators have provided the following details:

• the bus was traveling through a 70 mph zone, however, a sign prior to the curve where the accident took place indicated the speed should be dropped to 55 mph;
• there were 62 people on the bus, one 58-year-old driver and 61 passengers;
• although investigators are still trying to determine what caused the driver of the bus to lose control, it is clear that the accident began with the bus;
• the bus drifted onto the left shoulder then, when the driver tried to correct the path, veered across all lanes of traffic, hit the embankment on the other side of the highway, and rolled;
• after rolling, the bus stopped on its passenger side, stretched across all westbound lanes of traffic;
• a FedEx Ground truck, a UPS truck, a second UPS truck, and Mercedes-Benz were unable to stop in time to avoid collision with the bus.

Five people, including a 9-year-old girl, were killed in the collision. This includes the driver of the bus and two passengers and both of the UPS drivers. Another 60 were taken to the hospital with a wide variety of injuries.

The NTSB is continuing to investigate the commercial drivers involved in the accident, the condition and performance of vehicles involved, and the Turnpike's condition, specifically relating to snow and ice.

What Are The Common Causes Of Bus Accidents?

Bus accidents occur for many reasons, the most common of which include:

1. Driver Fatigue: Bus drivers have to sit for long hours and often are required to make trips in the early morning or late at night.
2. Bad Weather: Buses are expected to operate all year round through all types of weather. Rain, ice, and snow can all create dangerous conditions that could cause a crash.
3. Speeding: Even with proper training and licensing, many bus drivers are put under extreme pressure by their employers to ensure that stops are made on time.
4. Poor Maintenance: Bus, like every other vehicle on the road, must be checked regularly to determine if any safety issues exist that cause the bus to break down.
5. Driver Negligence: Despite knowing the risks, many drivers take their eyes off the road to text, talk on the phone, eat, drink, or groom. When a driver's eyes are no longer on the road, accidents happen.
6. Bus Company Negligence: Bus companies need to keep detailed records on any maintenance performed on the buses in their fleet, the hours worked by each employee, and the licensing and training provided to each employee.
7. Part Defect: Manufacturers are responsible for designing and creating parts that will act as expected. Even with proper care, a defect in a part could cause it to break and result in a crash.

When a cause is determined those who were injured by the negligent party have the right to explore their legal options and may be eligible to file a personal injury lawsuit against the responsible party.

What Type Of Injury Qualifies A Victim For A Personal Injury Lawsuit?

Any time that an injury causes extreme financial, physical, and emotional distress, the victim can pursue legal action to fight for the compensation that will cover those losses. Common injuries that are noted in many personal injury lawsuits include:

• broken bones;
• traumatic brain injury;
• spinal cord damage;
• nerve damage;
• amputations;
• crush injuries.

How Much Is An Auto Accident Lawsuit Worth?

Whenever a plaintiff is awarded compensation through a successful auto accident verdict or through a settlement, that amount is intended to cover all of their losses. Since no two people will have the exact same losses, the amount obtained will vary from case to case. The experienced attorneys at Schuster Law can review a case and discuss how much a case may be worth.

The Bus Company Has Offered A Settlement - Should I Take It?

It doesn't matter if it's the insurance company, the bus company, or another negligent party, if you are offered a check or asked to sign paperwork, don't do so until you've had your attorney review it. You could be signing away your legal rights or accepting payment for much less than what you both need and deserve.

Schuster Law provides free consultations for bus, truck, and car accident victims. Call today to learn more about the legal process and how our legal team can help.

Lima, PA residents who have been injured because of someone else's negligence may want to consider seeking a consultation with a chiropractor. This article, which goes over the history of chiropractic care, the benefits of this type of medical treatment, and local chiropractors, is brought to you by the Lima personal injury attorneys at Schuster Law.

Chiropractic Care: The Beginning

For as long as physicians have been treating patients, there has been an understanding that a misalignment in the spine or another part of the musculoskeletal system can impact a patient's quality of life. To fix this, medical practitioners have worked to properly align a perceived misalignment.

Modern chiropractic care, however, was founded by Daniel David Palmer. Palmer, who originally practiced magnetic healing, made his first spinal adjustment on his janitor. The janitor explained to Palmer that years before, he had been lifting an object when he felt a pop in his spine. Ever since that moment, the janitor had experienced discomfort and felt a knot in his back.

Palmer offered to try and straighten the man's spine and he agreed. After the adjustment, the janitor reported feeling immediate relief from his pain.

Two years after this chance encounter, Palmer opened the Palmer School of Chiropractic. Soon, states began to recognize chiropractic care as a legitimate form of medical treatment and required practitioners to obtain a license.

Today, more than 7,000 chiropractors are licensed in the United States.

How Does Chiropractic Care Help A Patient?

There are many benefits to chiropractic care, including:

• pain reduction;
• improved sleep;
• improved range of motion;
• increased mobility.

Chiropractors can treat many injuries including but not limited to:

• knee injuries like an ACL tear or patella luxation;
• elbow injuries
• shoulder injuries like a rotator cuff tear;
• back injuries;
• sciatica;
• neck injuries.

If you are wondering if your injury can be treated by a chiropractor the best thing to do is contact a reputable chiropractor in your area and schedule a consultation. Chiropractors do work with other physicians to provide a well-rounded treatment plan for their patients since they do not prescribe medications or perform surgery.

Chiropractors In And Near Lima, PA

Justin T. Ohm, DC
327 Middletown Rd,
Media, PA 19063
(610) 565-8823

Assured Health Chiropractic & Wellness Center
1020 N Providence Rd,
Media, PA 19063
(610) 565-9426

Discover Health Chiropractic
401 W Front St,
Media, PA 19063
(610) 566-3137

McCarrin Chiropractic & Physical Therapy Center
438 E Baltimore Ave,
Media, PA 19063
(610) 566-7424

Accident victims who would like additional information on their legal rights should consider contacting an experienced Lima personal injury attorney. 

Are you a Fitler Square, Philadelphia resident who sustained serious injuries in an accident? Are you now seeking relief from the pain you are experiencing? You may want to consider seeking a consultation with a chiropractor. The Fitler Square workers' compensation attorneys at Schuster Law have seen many clients obtain relief from chiropractic care and have provided this article so that you and your loved ones can learn more about this type of medical treatment.

What Is Chiropractic Care?

When a patient undergoes a chiropractic adjustment, their doctor uses pressure and movement to realign parts of the musculoskeletal system. This alignment helps to reduce pain, increase range of motion, improve mobility, improve sleep, and may help to improve fine motor skills.

The exact type of treatment and alignment that a chiropractor will use depends on the injury that is being treated and a patient's medical history.

Chiropractors do not perform surgeries and do not prescribe medications. They do, however, work together with other treating physicians to create the best overall treatment plan for each patient.

Who Invented Chiropractic Care?

Daniel David Palmer is recognized as the founding father of chiropractic care. Although physicians have been using alignment techniques and massage to help patients for centuries, it was Palmer who created the name chiropractic and who opened the Palmer School Of Chiropractic in 1887.

Palmer was inspired to switch from magnetic healing to chiropractic care after helping a janitor properly align his spine. After the adjustment, the janitor reported that his back pain disappeared and that his previously diminished hearing had improved. This fascinated Palmer who began to study the musculoskeletal system and the connections in the body.

What Types Of Injuries To Chiropractors Treat?

Injuries that are commonly treated by chiropractors include:

• elbow injury
• shoulder injury
• muscle strain
• patella luxation
• ACL tear
• back injury
• spinal cord injury

To determine if chiropractic care is right for you, consider obtaining a consultation with a doctor.

Is Chiropractic Care Expensive?

The short answer to this question is, yes, it can be. However, workers' compensation insurance should cover the cost of Fitler Square residents who were injured on the job.

Chiropractors In Or Near Fitler Square, Philadelphia

Rhodes Family Chiropractic
2409 Waverly St,
Philadelphia, PA 19146
(215) 546-1977

Spruce Chiropractic Health Center
255 S 17th St #1700,
Philadelphia, PA 19103
(215) 735-2997

Advanced Chiropractic of Philadelphia
1518 Walnut St #1206,
Philadelphia, PA 19102
(215) 545-5117

Balance Chiropractic Health Center & Spa
112 S 20th St,
Philadelphia, PA 19103
(215) 751-0344

Our Fitler Square workers' comp law firm wishes you a speedy recovery from your workplace injuries.

A Philadelphia man has been killed in an industrial accident at a New Jersey processing plant with a history of serious safety violations. 

Philadelphia Man Killed By Machinery 

Felipe Rodriguez-Tzon, a 28-year-old man from Philadelphia, was killed at work on Saturday, January 18th, at around 12:30 a.m. 

Although details have not been provided, responding officers stated that Rodriguez-Tzon was extracted from machinery at Safeway Fresh Foods in the refrigerated section. First responders worked to save his life but he died on the scene. 

The facility, which provides packaging for fresh and frozen foods for local stores, has not issued a statement regarding the deadly accident. 

Safeway Fresh Foods: A History Of Serious Violations 

When a facility is inspected by a representative from the Occupational Safety and Health Administration (OSHA), violations are recorded. According to OSHA records, Safeway Fresh Foods has been issued numerous violations in the past, violations that are deemed “serious”. Past violations from 2013 and 2018 had to do with issues such as handling materials, general requirements for machines, abrasive wheel machinery, bloodborne pathogens and medical services and first aid. 

When a facility has serious violations that are left uncorrected, workers are put at risk. To determine if a violation resulted in the accident that claimed the life of Rodriguez-Tzon, OSHA will be conducting an investigation. 

What Steps Does OSHA Take If Workplace Violations Are Found? 

When violations are discovered during an OSHA violation, the administration can issue fines and stop-work orders. For serious violations, the maximum fine is $13,494 per violation. If an organization fails to correct the issue that they are being fined for and willfully puts workers in harm’s way, OSHA can fine up to $134,937 per violation. 

In addition to this, a stop-work order can be issued. Stop-work orders can be partial, meaning only a section of a job site is shut down, or full, meaning the entire job site is shut down. A stop-work order can be reversed when the person or company in charge of the site shows the issue has been corrected. 

I Believe My Workplace Is Unsafe - Can I Contact OSHA? 

Absolutely. If you have reason to believe that the safety of employees at your company is at risk you can make an official complaint in several ways. First, you can submit through the OSHA Online Complaint Form. Alternatively, you can call your local OSHA office or mail the office a PDF copy of the complaint form. 

What Legal Options Do Injured Workers Or Their Loved Ones Have? 

If you’ve been seriously injured at work or your loved one has been killed on the job, you may have several legal options. First, a workers’ compensation claim can be filed. This claim can provide coverage for medical treatments and a fraction of lost wages. Death benefits are also available through workers’ compensation. 

Depending on the circumstances, a work injury lawsuit may also be an option. This lawsuit is filed against a third-party whose negligence resulted in the accident. For example, if a worker is injured or killed because of a defect in machinery, the designer, manufacturer, or person responsible for maintaining that machinery can be held legally responsible. 

This civil lawsuit is filed in addition to a workers’ compensation claim and can provide additional compensation for medical bills, lost wages, physical pain, emotional suffering, and death benefits. 

If I File A Lawsuit Does This Mean I Am Suing My Employer? 

No, typically workers are legally prevented from filing a personal injury lawsuit against their employer if provided with workers’ compensation coverage. 

Schuster Law: Protecting Workers In Philadelphia 

If you would like an experienced workers’ compensation and personal injury attorney to review your case, contact Schuster Law. Our attorneys have worked with local residents for decades and our legal team fights aggressively to ensure that our clients get the maximum compensation possible. 

Call our local law office today to learn more about your legal options, our legal team, and how much you may be owed.

Five people have died and at least 55 others have been injured in a massive accident on the Pennsylvania Turnpike that involved a tour bus and several other vehicles. 

Early Morning Bus Crash Kills Five Passengers 

The accident occurred at around 3:40 a.m. on Sunday, January 5th, 2020. The bus, which was carrying 52 passengers, was in Mt. Pleasant on the Pennsylvania Turnpike and traveling downhill on a curve when the front end of the bus hit an embankment and flipped. 

Several other vehicles, including three tractor-trailers and a passenger vehicle, were either hit or unable to stop to avoid the overturned bus. Due to the size, speed, and power of the involved vehicles, the damage was catastrophic and immediately claimed the lives of five of those involved. 

The driver of the bus, two bus passengers, and two men in a tractor-trailer owned by UPS were all killed in the crash. First responders spent hours working to free those that survived from the twisted metal, most of whom were rushed to the hospital to be treated for their injuries. In fact, the number of wounded was so high that the victims had to be transported to four different hospitals.  Nine of the injured were children. 

Experts Are Investigating The Accident 

Following the accident, the National Transportation Safety Board announced that a team of 20 specialists has been sent to begin an investigation into the cause of the accident.  This team consists of experts in roadway design, driver performance, motor carrier compliance, mechanical aspects, survival factors, accident reconstruction and staff from the NTSB’s family assistance team. The investigation will be ongoing and may take as long as two years. 

The victims and the families of the deceased, however, do not have to wait for this report to take legal action. 

Bus, Truck, And Car Accident Lawsuits: The Facts 

When an accident occurs, that accident typically occurs because of negligence. There are many forms of negligence when it comes to automobile accidents. A few examples include: 

• Driving while drunk;
• Grooming while driving;
• Talking on the phone behind the wheel;

It’s not always the driver of the vehicle that is negligent. In some cases, a mechanic who has failed to properly fix a vehicle or the designer and manufacturer of a faulty auto part can also be considered negligent. 

Those who have sustained losses because of the negligence that caused the accident have the right to seek compensation by filing an auto accident lawsuit. 

This civil lawsuit could provide a plaintiff with the compensation that is needed to pay for medical bills, lost wages, funeral expenses, physical pain, and emotional suffering. The total amount that can be recovered depends upon the losses that have actually been experienced by the plaintiff. 

There are strict time limits that must be followed when taking legal action, which is why it is vitally important for auto accident victims to speak with an attorney as quickly as possible. 

Schuster Law: Standing Strong Beside Auto Accident Victims

At Schuster Law, our experienced auto accident attorneys have helped thousands of car, bus, and truck accident victims recover the maximum compensation possible. We focus on providing the legal support needed so that our clients do not feel stress throughout the legal process, allowing them to focus on healing. Our philosophy is that excellent communication creates a strong client-attorney relationship and so we are always available to answer questions and regularly update our clients on the status of their legal complaint. 

Contact our local law office today to learn more about our legal team and how we can assist you.

A Philadelphia family has agreed to a $10.5 million dollar settlement after filing a wrongful death lawsuit against the construction company that was in charge of the site at the time of his death.

Construction Worker Killed At Pier 78 Rehab Project

On a cold January night in 2016, John Johnson was working as a laborer on the Pier 78 Rehabilitation Project. His shift was a newly formed one and lasted from 2 pm to midnight.

At around 7:30 pm, coworkers realized that they hadn't seen him for nearly an hour. At first, it was assumed that he had left without notifying anyone and so they began to call his cell phone. But a short time later, one of the men noticed Johnson's hard hat floating on the water. Unable to see him anywhere, they called 911.

Divers found Johnson's body in the water just a short time later, under the pier. It is believed that he fell through a hole that was cut into the deck of the pier, a hole that the construction company was supposed to cover in order to protect workers on the site. Not only did the company fail to cover the hole, but the lighting around the are was inadequate.

A forensic pathologist who reviewed the case spoke about the pain and terror that Johnson must have experienced before he died, saying that he likely experienced the painful symptoms of hypothermia as well as the knowledge of his potential death for at least 15 minutes before losing consciousness and drowning.

Sadly, Johnson wasn't the only construction worker to suffer at the site, with another worker dying and a third losing his hand, all due to the alleged negligence of the construction company that was overseeing the project, Agate Construction Company, Inc. Knowing this, Johnson's family decided to seek justice for their loved ones and took legal action.

Why Do Families File Wrongful Death Lawsuits?

There are several reasons that a family may choose to file a wrongful death lawsuit. First, this civil lawsuit sends a message to those responsible, letting them know that they must face the consequences if they are going to act negligently and put others at risk. Second, through a settlement or successful verdict, compensation can be obtained that will ensure the family is able to financially survive the loss of their loved one's income and benefits.

Who Is Eligible To File A Wrongful Death Lawsuit?

Those who are typically eligible to file a wrongful death lawsuit include the parents, spouse, and/or children of the deceased. However, if another family member was dependant upon the victim, they may also be eligible.

How Is Negligence Determined?

Although it may sound silly, it's not always clear that negligence has occurred which is why it's important to consult an attorney if something doesn't seem quite right.

Generally, negligence occurs when one person or group fails to behave in a reasonable manner and others are put at risk as a result. On construction sites, this can mean many different things. For example, an electrician may leave wires exposed with an electrical current still running and as a result, another worker is electrocuted. Or perhaps a contractor orders an unqualified worker to operate a crane and a crane accident occurs.

In many cases, the negligent party isn't even part of the construction project. Auto accidents are a common cause of workplace injuries and the negligent driver could be someone who had a few too many alcoholic drinks and got behind the wheel of their vehicle, putting everyone else on the road at risk.

Schuster Law: Proudly Representing Injured Workers & Their Families In Philadelphia

If you or a loved one have been seriously injured at work, our legal team can help. In addition to assisting with a workers' compensation claim or appeal, our legal team will review your case and determine if you are also eligible to receive compensation through other legal claims, such as a civil lawsuit.

Call our local law office today to learn more.

When someone is hurt on the job it can take weeks, months, or even years to recover. In many cases, an injured worker can benefit from the care that a chiropractor can provide. The workers’ comp lawyers at Schuster Law have seen thousands of clients benefit from chiropractic care and are excited to share this post, discussing the history of the field, the benefits this type of care can have, and the types of injuries that are commonly treated. 

What Is Chiropractic Care? 

Chiropractic care is a field of medicine that focuses on the structure of the body and the connections between the skeleton, the muscles, and the nerves. Spinal manipulation and other adjustments are made to improve these connections and the overall health of a patient. 

Who Was The First Chiropractor? 

Although physicians have been using physical manipulation and strengthening techniques, the founder of modern chiropractic care was Daniel David Palmer. In 1895, Palmer did an adjustment on a janitor who complained that years before he had heard a “pop” while bending and his hearing had diminished after. Palmer noted a displaced vertebra on the janitor’s spine and manipulated it back into place. 

Later the janitor told Palmer that his hearing had improved. 

In 1897, Palmer opened the Palmer School of Chiropractic and began to teach others. About 20 years later, Kansas became the first state to recognize chiropractic care as a field of medicine. Licensing soon became mandatory. 

Today, there are nearly 7,000 licensed chiropractors in the United States, offering their services to reduce the pain and suffering of patients. 

What Are The Benefits Of Being Treated By A Chiropractor? 

There are many benefits to being treated by a chiropractor, including: 

• Increased joint mobility
• Strengthening the immune system 
• Loosens muscles
• Relieves pain
• Improves sleep quality
• Speeds up recovery time
• Prepared the body to recover faster if other medical treatments, such as surgery, are required

How Long Does A Patient Need To See A Chiropractor For? 

The time that each patient needs to spend with a chiropractor depends on their overall health, their injury and or illness that is being treated, and the other treatments that they are undergoing. 

Injuries That Chiropractors Often Treat

A few of the common injuries that chiropractors treat include: 

• Slipped Disc
• Muscle Strain 
• ACL Tear
• Rotator Cuff Injury
• Dislocations 
• Achilles Tendon Injury
• Knee Injury

How To Choose A Chiropractor 

Asking a trusted doctor for a referral to a chiropractor is a good place to start. Even with a referral, it’s important to ask questions when consulting a chiropractor. Questions might include:

1. Can you provide references? 
2. How long have you been practicing? 
3. Have you treated injuries similar to mine in the past? 
4. What treatment plan do you recommend? 
5. How often will I need to be adjusted? 

 

When being treated by any medical professional it is important to be comfortable with the person providing care. 

Chiropractors In Or Near Chinatown, Philadelphia

Reboot Integrative Wellness Center - Chinatown
924 Cherry St #100,
Philadelphia, PA 19107
(267) 909-8877

Joseph J. Wang, DC
933 Spring St,
Philadelphia, PA 19107
(215) 574-9388

Cherry Street Chiropractic
1531 Cherry St #5,
Philadelphia, PA 19102
(267) 671-7932

Mitchell C. Harding, DC
1425 Arch St,
Philadelphia, PA 19102
(215) 557-9090

The workers' comp law firm of Schuster Law hopes that this article has provided helpful information.

Police and a bomb squad were dispatched to the 400 block of N. 53rd after 911 calls reported that a sanitation worker had been injured in an explosion.

What Caused An Explosion In The Back Of A Philadelphia Trash Truck?

After the victim of the explosion was transported to Penn Presbyterian Medical Center for treatment, the bomb squad began their investigation. Thankfully, the explosion was the result of a blade in the truck hitting a box that contained an oxygen tank, paint thinner, and other combustible materials that shouldn't have been disposed of in such a manner. Although authorities are happy that the explosion wasn't the result of an organized attack, the accident does highlight the serious dangers that sanitation workers face every single day.

Common Accidents That Injure And Kill Sanitation Workers

Sanitation workers don't just have dirty jobs, they have dangerous jobs. Just a few of the accidents that regularly occur include:

1. Explosions: Just like this latest accident, explosions occur n the back of garbage trucks all too often. This is typically caused by materials that shouldn't be compressed due to the pressure of the container. When an explosion occurs, the trash around it can become projectile missiles and fires can break out.
2. Poisoning: Exposure to toxic chemicals can cause damage to the skin, eyes, and lungs.
3. Auto Accidents: Almost everyone has seen a sanitation worker riding around on the side of the garbage truck. This is done to increase the speed at which trash can be collected, but it also puts the worker at risk. Both the driver of the garbage truck and other negligent drivers could cause an accident that would result in serious injuries to those involved.
4. Illness Exposure: If not properly disposed of, medical waste can transmit disease, causing a worker to become seriously ill.
5. Exposure To Weather: Trash must be collected in all types of weather, including extreme heat and cold. Without the right gear, injuries and illnesses can occur.
6. Lifting Injuries: It's not always obvious how heavy a bag of trash is and back, neck, shoulder, and knee injuries are common in the sanitation industry.

The bottom line is that being a trash collector is dangerous work. In 2018, within the first ten days of the new year, seven sanitation workers were killed on the job and that is sadly a regular occurrence.

Workers' Compensation - When Can A Sanitation Worker Collect Benefits?

Workers' compensation exists to help those who have been hurt on the job. The benefits that can be claimed include payments for medical treatments that directly related to the injuries or illness sustained at work and if the injured worker cannot return to work for an extended period of time, a fraction of their lost wages.

Unfortunately, denials are common. Reasons for denials typically include mistakes made on a claim form, an employer dispute, or a lack of sufficient evidence. Once a denial has been issued and appeal can be made, however, the appeals process is even more complicated than the initial claim.

With the right workers' comp lawyer fighting for coverage, injured workers have a much higher chance of having their initial claim approved or having a denial overturned.

Schuster Law: Decades Of Experience Fighting For Injured Workers

The attorneys at Schuster Law are proud to help injured workers get the benefits that they deserve. In addition to handling your workers' compensation claims, our legal team will review your case to determine if there are other legal avenues through which our client can recover compensation.

Call today for your free consultation. Keep in mind that workers' compensation claims must be filed within a specific period of time, as must appeals, so time is of the essence.

This article on the top theaters in the city is brought to you by the best workers comp attorneys in Philadelphia - the team at Schuster Law.

Center City Philadelphia is a metropolitan hub that is known for many things including its historic buildings, great restaurants, hospitals, best workplaces, and of course, public parks. The city is also home to some of the best performance centers in the nation, a couple of which we bring to you on this page. Keep scrolling to read them all!

The Walnut Street Theatre

Founded in 1809 and located at 825 Walnut St, the Walnut Street Theatre is the United States' oldest theater. It has also been crowned at the official theater of the State of Pennsylvania, as well as being recognized as a historic landmark. The Theatre also boasts another record; with fifty thousands season ticket owners, it is also the theater with the most subscribed visitors in the entire world.

The Theatre can be reached by bus, car, walking, or SEPTA and whichever way you choose, it is easily accessible due to its convenient location in Center city Philadelphia as well as nearby public parking lots and train stations.

Those looking to purchase tickets to the Walnut Street Theatre can visit the Box office on Mondays through Saturday from 10AM to 6PM, though the hours can vary if there is a performance on the date or not. In this modern day and age, tickets may also be ordered via their website, as well as by phone.

Most interestingly, those wishing to get a glimpse of the inside without making the trip can visit their online site and do a virtual tour. It's similar to using google Maps, except it's inside the theater. A pretty cool and progressive feature for the oldest Threatre in the country!

The Wilma Theater

A much younger establishment than our previous feature, the Wilma Theater, located at 265 S Broad Street, was estbalished in 1973.

From the beginning the mission of the Wilma was to create original productions and develop, as well as put on display, the local talent that the city of Philly had to offer. What better stage to do so than the heart of the capital, Center City Philadelphia?

More involved than a regular theater, the Wilma Theater also offers either free or cheap discussions after the productions are over. Through these, the participants are able to openly discuss and explore the concepts and themes relevant to the the production that they were just witness to. For those that already have a deep appreciation for the arts, as well as those who are just starting to get in touch, this is undoubtedly an entertaining opportunity.

The Wilma also offers programs they call Wilma Education, which include pre-show workshops, backstage tours, and classroom residencies, all of which include plenty of exposure to the performers themselves. Indeed, through these educational initiatives and through their performances, the Theater hopes to nurture the audience, pushing them to reflect on modern life and experience.

Naturally, tickets for Wilma Theater productions can be purchased online, though no public information mentions a box office. Nevertheless, their online platform is rather intuitive and easy to use, encouraging all to visit at least once and get a taste for the exciting shows that Philadelphia's home-grown entertainers can provide.

What's Next?

Now that you've gotten a taste for what Center City Philadelphia's theater selection looks like, make sure to check them out yourself. Whether you're a local or in town for the first time, either one of the highlighted theaters, both of which are favorites of the Schuster Law team, the best workers comp attorneys in Philadelphia.

 

This article on the top-rated chiropractors in Center City Philadelphia is brought to you by the Philly worker's comp lawyers of Schuster Law.

Known colloquially as the city of brotherly love, the capital of Pennsylvania is also home to some of the best chiropractors in the nation. We've previous discussed the largest employers in Center City Philly, and today we're covering one of the classes of health providers which often go unmentioned. Nevertheless, only those who have visited a chiropractor or other type of pain management specialist really understand how much relief they can bring.

Whether the pain is caused by a workplace injury, or maybe it came with the onset age, the following chiropractors of the county of Philadelphia will surely be able to help.

Advanced Chiropractic of Philadelphia

The Advanced Chiropractic of Philadelphia center City location is renowned for resolving the aches and pains that their clients come in with as quickly as possible. In fact, the practitioners of Advanced Chiropractic as a whole believe that their patients should spend as little time as possible with them. Not because they don't enjoy their company and healing their ailments, but because any time a client is not with their doctor, then it is likely that their pain and suffering has resolved!

Some of the conditions that the specialists at the ACoP treat include vertigo, shoulder/arm pain, leg pains, RLS, headaches, and fibromyalgia, among others. To treat these, the team employs multiple chirpractic techniques which include gonstead, SOT, activator, the Thompson drop table, spinal decomps, massging of deep tissue, the Graston Technique, and many others.

Perhaps most important for those looking for a top-rated chiropractic in Philly is the fact that ACoP sees every single one of their walk in patients immediately; this is to say, those experiencing pain and in need of urgent treatment don't have to wait days or weeks for an appointment.

Advanced Chiropractic of Phila is located at 1518 Walnut St though they also offer office and home visits for those individuals who are in Center City or Old City Philadelphia.

Dr. Paul Rubin's Chiropractic & Wellness Center

Dr. Paul Rubin is the main health provider at Philadelphia Chiropractic, which can be found at 1420 Walnut Street Suite #1404. Dr. Rubin's passion for easing pain and rehabilitating patients is one he has nurtured since he was a child, and which has led him to achieve much success as a chiropractor.

He tells of how he was fascinated by the mind-body connection as well as the material he garnered in anatomy and physiology courses. In turn, this fascination led him down the healthcare path, and directly to Center City Philly where he sees a multitude of patients every day. Dr. Rubin obtained a BS in Psychology at SUNY Stonybrook, after which he studied chiropractic in Georgia, where he would achieve his Doctor of Chiropractic certification.

On a day-to-day basis, Dr. Rubin has expressed how much fulfillment he finds in caring for people with his own two hands, and how grateful he is that patients put in him the trust to make them feel better. Perhaps most notable in this modern age of advanced treatments a medications, Dr. Rubin emphasizes his holistic approach that involves more natural healing methods that avoid prescriptions pills or surgery whenever possible.

Those suffering from work injuries, auto accident pains, or even sports-related ailments can call Dr. Rubin's office to make an appointment. Walk-ins are also permitted though as one can imagine, one may have to wait a significant amount if many other patients are also present for visits.

Our Location

As is the case with Dr. Rubin, an individual who encountered a fascination and pursued it tirelessly, so too have the Philly worker's comp lawyers at the legal offices of Schuster Law. Any individuals dealing with medical bills after a workplace injury should contact the team at Schuster Law to receive a no-obligation, 100% free legal consultation.

 

A Pennsylvania judge has reduced the amount that Johnson & Johnson will have to pay out to a medical malpractice plaintiff who alleges that she will be in pain for the rest of their life because of the company's transvaginal mesh implant.

Johnson & Johnson Faces Thousands Of Medical Malpractice Lawsuits Regarding Transvaginal Mesh

In the United States, thousands of female patients are diagnosed with pelvic organ prolapse and stress urinary incontinence each year. There are many different types of treatments for these conditions, including estrogen treatments, physical treatments, silicone implants, and various types of surgery. One of the common types of surgical treatment is the implantation of transvaginal mesh.

Transvaginal mesh is supposed to help stabilize the pelvic and bladder tissues. Due to the similarities to hernia mesh, the FDA allowed this mesh to be approved under the FDA 501k(k) which does not require any clinical testing, even though the mesh is inserted vaginally instead of through abdominal surgery.

Over the years doctors have reported numerous serious issues with the transvaginal mesh implants, including:

• Organ Perforation
• Erosion Through The Vaginal Wall
• Infection
• Nerve Damage
• Vaginal Shrinkage
• Difficulty Urinating
• Incontinence
• Pain When Walking, Sitting, Or Having Intercourse

In many instances, the patients had to undergo more than one revision surgery in order to remove the mesh and are forced to live with lifelong pain. This is why so many women have made the choice to take legal action against the manufacturing companies who make the mesh, alleging that they had a duty to provide patients with a safe product but failed to do the testing necessary to do so. The plaintiffs also allege that the manufacturers failed to warn patients about potential complications and injuries.

PA Judge Reduces Verdict Based On Plaintiff's Location

In 2013, a New Jersey woman filed a lawsuit against Johnson & Johnson in a Philadelphia court due to the fact that she had undergone surgery to implant the mesh in Philadelphia. The surgery took place on June 14th,  2007 to treat her stress urinary incontinence.

Within a month of her operation, the plaintiff began to experience severe vaginal pain and her incontinence returned. By September 2007, her doctor performed a second surgery to remove a portion of the mesh which was exposed in her vagina. Despite this, her vaginal pain continued and her incontinence worsened. She was referred to another surgeon who performed a third surgery to remove another section of the mesh but her symptoms only worsened and a fourth surgery was required to remove the remaining mesh.

She continues to experience incontinence, a feeling of urgency, chronic vaginal pain, and sexual dysfunction.

The case went to trial in 2017 and a jury awarded the plaintiff both compensatory and punitive damages for a total of $20 million.

Johnson & Johnson tried to appeal the decision by claiming that the plaintiff had not filed her lawsuit within the legal deadline. A state Superior Court disagreed with this claim, however, they did agree that the verdict should be cut because of the plaintiff's residence. In New Jersey, the law states that any punitive damages cannot exceed five times a compensatory award. In this case, the compensatory damages that were awarded were $2.5 million and so the original $17.5 million punitive damages must be reduced to $12.5 million.

What Are Punitive Damages?

Punitive damages are awarded when the court wants to send a message to a defendant that their actions or lack of action is unacceptable. Essentially, this is the court punishing the defendant. Punitive damages are not available in all cases.

Medical Malpractice: Do You Have A Case?

Although many medical malpractice cases do involve defective products such as transvaginal mesh, this isn't the only type of medical malpractice that can result in a lawsuit. Medical malpractice lawsuits often involve:

• Misdiagnosis
• Surgical Error
• Medication Error
• Birth Injury
• Anesthesia Error

It's not always clear when a medical mistake is made. If you suspect that a medical professional has made a mistake that caused you serious harm, it's important to have an experienced medical malpractice attorney review your case. The attorneys at Schuster Law have helped thousands of clients fight against medical negligence and offer free consultations. Call now to learn more about your legal rights.

 

Distracted driving is a serious problem that poses a danger to all drivers on the road. With the goal of mitigating distracted driving accidents, the Department of Transportation of the State of Pennsylvania has made it illegal to text while driving, noting that phones are one of the biggest causes of such auto accidents.

Unfortunately, accidents caused by distracted drivers, whether due to texting or other, can result in serious injuries or even death for the victims. In the aftermath of such an incident, it's only natural for the victims and their families to wonder when they can take legal action.

According to the National Highway Traffic Safety Administration, in 2020, distracted driving claimed the lives of more than 3,142 people. That is not just thousands of people who died much earlier than they should have; it's thousands of families and loved ones who have been left to mourn and to suffer.

Distracted Driving: The Causes & Consequences

Distracted driving is a dangerous behavior that can have serious consequences. While most people recognize that texting and driving is a form of distracted driving, there are many other distractions that can take a driver's attention away from the road. These distractions can include:

• talking on the phone
• adjusting the radio
• talking to others in the vehicle
• reading
• grooming
• "rubber-necking"

Regardless of the source of the distraction, the result is the same: drivers cannot see or react to changes in the road ahead.

The effects of a distracted driving accident can be devastating for victims and their families. The physical injuries can be severe, ranging from broken bones and lacerations to traumatic brain injuries and spinal cord damage. Emotional trauma can also be significant, with victims experiencing anxiety, depression, and post-traumatic stress disorder (PTSD). In addition, the financial costs of medical treatment and rehabilitation can quickly add up, causing significant financial stress for victims and their families.

What Is Being Done To Stop Distracted Driving?

It's essential to recognize the dangers of distracted driving and take steps to prevent it.

In addition to spreading awareness about the issue and teaching new drivers about the dangers of distracted driving, some states are taking action and using new methods to catch distracted drivers, including the use of technology. For example, some states are using devices that detect the use of cell phones while driving and automatically send a warning message to the driver. There are also apps that can be downloaded onto a driver's phone, which will automatically disable the phone's texting and calling capabilities while the car is in motion.

Another way states are trying to stop distracted driving is by implementing stricter laws and harsher penalties for those caught driving while distracted. For example, many states have banned the use of hand-held cell phones while driving, and some have even made it illegal to use hands-free devices while driving.

In addition, some states have implemented a graduated licensing system for new drivers, which limits their ability to use electronic devices while driving. This includes restrictions on the number of passengers new drivers can have in their car, as well as a ban on the use of electronic devices, including cell phones, while driving.

Ohio Police Take To The Sky To Stop Distracted Drivers

Police officers in Ohio are tracking driver's speed and the distance between cars from the air, then radioing down to officers waiting on the ground with a description of the vehicle so that a traffic stop can be initiated. Video from the sky can later be used as evidence.

Maine Increases Fines For Drivers Using Cell Phones

According to the laws in Portland, Maine, drivers who are caught using a cell phone while driving can be fined between $50 and $250.

Despite increased action by state officials and police officers, distracted driving will continue to wreak havoc on the lives of the innocent. This is why the law allows the victims of these accidents to take legal action, providing them with a chance to recover the compensation they will need to get back on their feet.

Distracted Driving Accident Lawsuits Provide Victims With A Way To Fight For Compensation

It doesn't matter if an accident involves a car, bus, truck, or motorcycle. Distracted driving is a form of negligence, and drivers who engage in this behavior have a legal duty to exercise reasonable care while driving. If their failure to do so causes an accident and resulting injuries, they can be held liable for any damages that result.

Filing a civil lawsuit can help you recover compensation for your injuries, medical bills, lost wages, and other damages. The compensation you receive will depend on the specific circumstances of your case, such as the severity of your injuries and the extent of your damages.

If you are unsure about whether you should file a lawsuit, it's a good idea to consult with an experienced auto accident attorney. They can help you understand your legal rights, evaluate the strength of your case, and guide you through the legal process. It's vital to act quickly, as there are statutes of limitations that limit the time you have to file a lawsuit.

Ultimately, if you have been the victim of a distracted driving accident, you don't have to suffer alone. Filing a lawsuit can help you get the compensation you need to move forward with your life and hold the responsible party accountable for their actions. An experienced attorney can provide the support and guidance you need during this difficult time.

How Distracted Driving Lawsuits Proceed

The first step for a victim of distracted driving is to determine who is liable for the accident. In most cases, the liable party is the driver who was distracted at the time of the accident. However, there may be other parties who are also liable, such as the driver's employer, if they were using a company vehicle or the manufacturer of a defective product that caused the distraction.

Once the liable party has been identified, the victim can file a personal injury lawsuit against them. In these cases, the victim will need to prove that the liable party was negligent in their actions and that this negligence caused the victim's injuries. This can be done through the use of evidence such as witness statements, accident reports, and expert testimony.

It's important to note that there are statutes of limitations for personal injury lawsuits. These laws limit the amount of time that a victim has to file a lawsuit after an accident. It's important to act quickly in order to ensure that the case can be properly heard in court.

In addition to a personal injury lawsuit, the victim may also be able to pursue a wrongful death lawsuit if the accident resulted in the death of a loved one. These lawsuits are similar to personal injury lawsuits, but they are brought by the surviving family members of the deceased victim.

Why Contact An Experienced Distracted Driving Auto Accident Attorney?

When it comes to distracted driving accidents, contacting an experienced auto accident attorney is crucial. The legal process can be complex and stressful, and dealing with the aftermath of an accident is already difficult enough. An experienced attorney can help alleviate some of that stress by guiding you through the legal process and fighting for your rights.

One of the key benefits of working with an experienced attorney is that they can help preserve crucial evidence that can be used to support your case. This includes gathering witness statements, obtaining accident reports, and collecting other important information that can help prove liability. Additionally, an attorney can handle the legal paperwork, speak with insurance companies on your behalf, and prepare you for court if necessary.

At Schuster Law, we understand how devastating a distracted driving accident can be, and we are committed to fighting for the maximum recovery possible for each client. Our team of attorneys has helped thousands of car accident victims over the past three decades, and we use our passion for the law and our extensive knowledge to provide the best possible representation for our clients.

If you are considering filing a lawsuit after a distracted driving accident, we offer a free consultation where you can learn more about your legal options and our past successes. Contact our law office to schedule your consultation and take the first step toward getting the compensation you deserve.

There are literally thousands of different types of accidents that can occur and that can cause serious harm to the victims that are involved. While many injuries can impact a victim’s quality of life, one of the most debilitating is a traumatic brain injury (TBI).

Facts About Traumatic Brain Injuries

According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries are a leading cause of disability and death in the United States.

In a basic sense, a traumatic brain injury is any injury to the brain that disrupts the normal function of the brain. In some cases, patients are able to regain full function and in others, the damage is permanent.

Symptoms of a TBI can include:

• Memory Loss
• Headaches
• Issues With Motor Functions
• Paralysis
• Personality Changes
• Loss Of Senses (Vision, Hearing, Taste, Touch)

Even if the damage is in the exact same area, a TBI can impact two different patients in a completely different way.

What Are The Leading Causes Of Traumatic Brain Injuries?

The following are the most common causes of traumatic brain injury:

Falls

A slip-and-fall accident might not seem like that big of a deal, but if the head is struck during the fall, the brain can strike the inside of the skull.

Falling Objects

Being struck by a falling object is serious, despite what you may have seen Larry, Moe, and Curly do. Each year, thousands of people are hit by falling objects and must be rushed to the hospital.

Auto Accidents

Car, truck, bus, or motorcycle accidents frequently cause serious traumatic brain injuries.

Assaults

Assaults, including domestic violence and gun violence, are significant causes of TBIs.

Blast Injuries

Blast injuries, which are often sustained by military personnel, can cause TBIs.

The Cost Of Treatment For A TBI

TBIs can range in severity from mild (concussion) to severe and can have long-term physbical, cognitive, and emotional effects. It is essential to seek medical attention immediately if one has sustained a head injury, as prompt treatment can improve the chances of a full recovery. Generally speaking, and depending on the symptoms and the severity of the brain injury, the average lifetime cost of care for a patient with a TBI is between $600,000 and $2,000,000.

That’s more money than the average American has to pay for medical care. Even with the best insurance, the out-of-pocket expenses are still financially disabling, especially if the brain injury prevents the patient from returning to work.

Although a large percentage of accident victims don’t realize it, in many cases, a brain injury lawsuit can be filed, which could help them to recover significant compensation, compensation that will help them to pay their medical bills and stay financially safe.

How A Personal Injury Lawsuit Can Help

A traumatic brain injury (TBI), also known as head trauma, can have serious and long-term effects on a person's physical and cognitive abilities. If you or a loved one sustained a TBI as a result of another person's negligence, you might be able to seek compensation through a personal injury lawsuit. Here's how a personal injury lawsuit can assist you in recovering from a head injury.

• Medical treatment: One of the most important ways a personal injury lawsuit can assist in recovering from head trauma is by providing financial assistance for medical treatment. Hospitalizations, surgeries, physical therapy, and other specialized medical care may be included.
• Lost wages: If victims of TBIs are unable to work as a result of their head trauma, a personal injury lawsuit can assist in recouping lost wages. This can assist families to maintain financial stability while victims focus on their recovery.
• Pain and suffering: A personal injury lawsuit can compensate those suffering from a TBI for their pain and suffering; This is in addition to medical expenses and lost wages. Physical pain, emotional distress, and loss of enjoyment of life are all examples of this.
• Long-term care: If a head injury resulting from negligence necessitates long-term care, such as rehabilitation or home health care, a personal injury lawsuit can assist in covering these costs. This allows any victims to receive the care they require without having to worry about the cost.
• Holding the responsible party accountable: A personal injury lawsuit can hold the responsible party accountable for their actions in addition to seeking compensation. This can help prevent similar accidents in the future and give the victim and their family a sense of justice.

What Victims Of TBIs Need To Know

A personal injury lawsuit is a civil lawsuit filed against the person or party whose negligence caused the plaintiff harm. The purpose of a personal injury lawsuit is to hold the responsible party accountable for their actions and to compensate the victim for the damages they have incurred. For example, if the plaintiff sustained a TBI in a car accident that was caused by another driver who was texting while behind the wheel, the texting driver would be considered negligent.

To succeed in a personal injury lawsuit, victims must be able to prove that the responsible party acted negligently or recklessly and that this negligence or recklessness caused their head injury. This may involve presenting evidence such as medical records, eyewitness testimony, expert testimony, and more.

Compensation that can be recovered through these lawsuits comes in the form of a settlement or verdict and is intended to pay for a plaintiff’s medical bills, lost wages, physical pain, and emotional turmoil. In cases where the victim has died from a brain injury, their family can file on their behalf and obtain additional compensation for funeral and burial expenses.

The legal process does take time and consists of:

1. The Pleadings: This is when the initial paperwork is filed with the court and the defendants are informed of the lawsuit.
2. Discovery: During this phase, both sides collect evidence to support their claims.
3. Settlement Negotiation: This may or may not take place depending on the circumstances. Additionally, even if negotiations begin, it does not guarantee that the lawsuit will end in a settlement.
4. Trial: If the case cannot be settled then it will go to trial.

The legal process is complicated and stressful, which is why plaintiffs need a strong legal team by their side. And while a personal injury lawsuit cannot reverse the damage caused by a head injury, it can help victims recover the financial resources they need to pay for medical treatment and support themselves and their families while they recover. It can also provide a sense of justice and closure for victims and their loved ones.

After years of fighting for justice, a Pennsylvania family will finally be receiving the $41 million that they were awarded in 2016. 

$41 Million Awarded To Family Of Child With Brain Injury 

The initial lawsuit was filed after the parents of a newborn boy discovered that the actions his doctor took during his birth caused him permanent harm. 

The legal complaint alleged that in February 2012, the mother of the child went into labor. She went to Keystone Women’s Health Center in Harrisburg to deliver her child and Dr. Thomas Orndorf was her doctor. During the delivery, Dr. Orndorf made the decision to use forceps.

At this point during the delivery, there was no real need to use forceps because the mother was only a short time into labor. She had only felt the need to “push” once and the baby was not in distress. However, Dr. Orndorf used the forceps and applied an extreme amount of force, aggressively pulling the child from his mother's womb. 

The force applied by the doctor caused the babies skull to fracture and his cerebellum was damaged. 

Today, at age 6, the child is unable to express himself, read, write, and will likely need to be confined to a motorized wheelchair as he ages. His doctors have told his parents that by age 22 he will likely need to be institutionalized because of his aggressive outbursts. He will never be able to care for himself. 

The initial ruling was intended to provide the family with the monetary compensation needed to pay for the required care the child will need throughout his life. However, the hospital appealed the verdict and the fight continued for several more years.

Thankfully, in April, U.S. District Judge Sylvia H. Rambo sided with the family and ordered the federal government, which runs the hospital, to pay. 

Traumatic Brain Injury Common During Birth 

Our lawyers would love to say that the situation this family experienced isn’t a common one, however, traumatic brain injuries occur with shocking frequency during labor and delivery. These injuries typically occur for two reasons: 

1. Forceps, vacuums, or other tools are used inappropriately. 
2. The child is deprived of oxygen. 

A brain injury can alter an otherwise healthy child’s future entirely. Over a lifetime, medical care may cost millions of dollars - money that most families simply do not have. This is why the law allows the parents of a child with a birth injury to take legal action against those responsible. 

Common Birth Injuries 

Brain injuries aren't the only common birth injuries. Newborns are often diagnosed with: 

• Erb’s Palsy 
• Broken Bones 
• Brachial Plexus Injuries 
• Lacerations 

When your child has been hurt because of another person’s carelessness it’s normal to want to seek justice. With Schuster Law by your side, you can do just that. 

Medical Malpractice Lawyers Serving Pennsvylania

If you suspect that a medical professional made a mistake which resulted in harm to you or a loved one, contact our legal team for a free consultation. We will review your case, determine who was at fault and explain all legal options available to you. 

Our goal is to recover the maximum amount possible in each case so that our clients can use this amount to build a brighter and happier future. Our lawyers are prepared to do this through either a careful negotiation and a settlement or through fighting aggressively in court for a successful verdict. 

Throughout the legal process, we strive to make sure our clients are happy with the services they are receiving and we provide regular updates. 

Contact us today to learn more about our team, our past successes, and how we can assist you during this difficult time.

When a family chooses a nursing home for their loved one to live in, they trust that the staff with treat the resident with care. The last thing that anyone would anticipate is that nude photos of their elderly loved one would be circulated on social media. Yet that is exactly what one family is claiming happened. 

Lawsuit Alleges Nursing Home Staff Shared Nude Photos Of Resident 

A family is suing the Paramount Senior Living Facility, alleging that an anonymous tip let them know that their 83-year-old loved one was being used as a cruel joke on social media. Per their legal complaint, a picture of the patient, who is an elderly female with dementia, showed her naked from the waist down and the text on it saying “Winter Fail”. 

An investigation was launched. It became clear that several certified nursing assistants were involved and that although the dementia patient can no longer communicate, she knew something was wrong. She tried to cover up her genitals in the pictures taken. 

The picture was circulated on social media on New Year's Eve. 

The senior living facility has stated that those involved have had their employment terminated. 

How Can A Nursing Home Lawsuit Help Abused Residents? 

As disgusting as the concept is of sexually abusing nursing home residents is, this is hardly the first time that an elderly patient has experienced this trauma. Throughout the country, thousands of residents are physically and emotionally abused by those who are supposed to take care of them. 

A civil lawsuit, filed against those whose actions caused harm or whose negligence allowed the harm to happen can help families make sure their loved ones don’t suffer further. Compensation that could be obtained through a lawsuit can pay for medical bills, physical trauma, and emotional pain. 

Nursing homes, however, make it difficult for plaintiffs to prove that abuse or neglect occurred. In many cases, once the nursing home realizes that legal action will be taken, crucial evidence is “lost” or “misplaced”. The best way to ensure that a case is fully investigated and that all evidence is collected is to contact a nursing home attorney. 

How To Choose The Right Nursing Home Attorney 

Once you’ve decided to take legal action you have to choose a lawyer. But how do you know which attorney is the right fit? At Schuster Law, we encourage all of our potential clients to ask any questions that they may have about our legal team or the legal process. This way, they can make the best decision for them and their loved ones. Important questions include: 

1. How long have you been practicing law? 
2. Do you have experience working on nursing home lawsuits? 
3. Can you provide me with references?
4. How are your fees collected and when? 
5. What are your fees? 
6. Who else will be working on my case?
7. Do you regularly work with industry experts? 
8. What is the best method to contact you and how quickly to you respond? 
9. How often will you update me on my case?
10. Can you show me examples of previous successful verdicts and settlements? 

Don’t be afraid to ask tough questions. If something doesn’t seem right, then it probably isn’t. 

Schuster Law Offers Free Consultations 

If you’ve discovered that your loved one isn’t getting the care that they need, contact the experienced nursing home abuse and neglect lawyers at Schuster Law. Our legal team offers free consultations during which review your case and then provide you with your legal options. 

We understand how upsetting this time is and we do everything we can to support our clients throughout the legal process. Call now to learn more about our experience, our past cases, and how we can help you.

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There has been a construction boom in Philadelphia and construction workers are in high demand. Unfortunately, this also means that there will likely be a rise in the number of construction accidents. Where can injured construction workers obtain the compensation they will need to pay for medical bills and lost wages?

Why Should I Sue When Workers' Comp Exists? 

As many construction workers know, workers compensation insurance is required by law for most employees. Insurance coverage works two ways. First, it should provide the injured worker with coverage of their medical bills relating to the injury and a fraction of lost wages if they are unable to return to work. In return, a claim protects an employer because it prevents construction accident lawsuits from being filed against the employer.

While workers’ compensation is incredibly important, even the maximum payout through workers’ compensation won’t ever fully compensate an injured worker. This is why many construction accident victims choose to file a construction accident lawsuit.

Who Is A Construction Accident Lawsuit Filed Against?

While construction accident lawsuits typically can’t be filed against an employer, they can be filed against a third party whose negligence resulted in the accident.

Negligence occurs when someone fails to take reasonable precaution to keep others safe. On construction sites, this usually means that a third-party hasn't ensured that safety standards were properly put into place or a hazard was left uncorrected.

It’s not always obvious that a third party has been negligent which is why every accident victim should consult with an attorney. For example, product defects are common causes of construction accidents, particularly defects in power tools and heavy machinery. In these cases, the designer or manufacturer responsible could be sued. 

What Is The Lawsuit Process?

If you choose to pursue a civil lawsuit, our legal team will walk you through the legal process step by step, including:

Pleadings

The initial complaint is filed by the plaintiff, informing the defendant and court why they are taking legal action. The defendant then responds with an answer or counterclaim as to why the plaintiff is wrong.

Discovery

Discovery is the longest part of the legal process. During this time, each side collects evidence to support their argument. Demands can be made, requesting information from either side and depositions are often taken.

Motions

Prior to trial, either side can ask the court to make a decision or ruling on a particular aspect of the case.

Trial

If the dispute cannot be settled outside of the courtroom, the case will go to trial where both sides will have the opportunity to present their arguments.

The attorneys as Schuster Law understand how stressful taking legal action can be which is why we are always happy to answer any questions that you may have.

How Much Is A Construction Accident Lawsuit Worth?

Construction accident settlements and lawsuits vary from case to case simply because no two plaintiffs suffer the same losses. We cannot provide you or a loved one with an estimate of how much your case may be worth until we review your case.

Why Should I Choose Schuster Law?

Choosing an attorney is an incredibly personal decision and an important one. Working with a law firm that has a long history of success with cases similar to yours is a good choice. Don't just pick the first result after Googling "workers comp lawyer near me" or "construction accident attorney near me".  Be sure to ask for examples of past settlements and verdicts, references, and how the law firm collects its fees.

Schuster Law has been defending injured construction workers for decades. Our goal is client satisfaction and we combine our years of experience with a passion for the law to fight for the maximum amount possible in each case.  Contact our local law firm to learn more.

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A 25-year-old man from Warrington, Pennsylvania has been arrested after a fatal six-car crash on Bustleton Ave. Shekhroz Mamaatkulov has been charged with homicide by vehicle, involuntary manslaughter, aggravated assault by vehicle, and recklessly endangering another person.

Married Couple Killed In Multiple Car Crash

On April 20th, 2019, Mamaatkulov was traveling at high speeds and crashed into a Lexus that was at a red light. He then tried to flee the scene of that accident and slammed into a Mitsubishi, causing a chain reaction accident that involved an additional three cars.

Mamaatkulov then got out of his car and ran on foot. Another driver picked him up at one point in a Lexus and helped him to flee.

A married couple, a 50-year-old man and his 48-year-old wife, were in the Mitsubishi. They died from the injuries they sustained in the crash, leaving behind a daughter. Five others involved in the crash also sustained injuries.

Police tracked Mamaatkulov to a hospital in Camden, New Jersey where he was taken into custody.

After A Fatal Accident, The Surviving Loved Ones Can Take Legal Action

Although criminal charges have been filed and the man responsible will likely pay for the crimes he has committed, there are additional legal options for the surviving loved ones of the deceased victims.

A wrongful death lawsuit can be filed which will not only help their loved ones seek justice, it may also provide them with compensation that can help to pay for:

• Funeral and Burial Expenses
• Lost Wages
• Lost Inheritance
• Emotional Trauma

This lawsuit is in addition to the criminal charges filed and is independent of these charges.

How Much Is My Lawsuit Worth?

The compensation that is obtained through a civil lawsuit comes through either a settlement or a successful court verdict. The total amount awarded depends upon the actual losses sustained by the plaintiffs, which means that no two plaintiffs will recover the same amount.

Schuster Law always aggressively fights for the maximum amount in each case.

Should I Settle Or Go To Court?

The only person who can determine if it’s better to settle or go to court is the client. Although the majority of civil cases settle outside of court, sometimes fighting for justice in front of a judge and jury is the better option - or, if no offer to settle is made, the only option.

At Schuster Law, all options are presented to a client and the pros and cons of each are discussed so that each client can decide which course of action is best for them and their loved ones.

Is A Civil Lawsuit Always Filed Against Another Person?

No. In fact, many civil lawsuits are filed against companies or groups. For example, in 2018, the family of two small children was awarded more than $240 million after they sued Toyota for a design defect. The family alleged that a front seat defect caused their children to be harmed when their car was rear-ended.

Companies and the government must be held responsible for any negligent acts that are committed just like individuals. However, keeping this in mind, it’s important to pick a law firm, like Schuster Law, that has the resources needed to take on a larger corporation or government entity.

Schuster Law: Ready To Help You Seek Justice

For more than 30 years the attorneys as Schuster Law have been serving clients in Philadelphia, Delaware County, Chester County, and the surrounding areas. The legal team has secured numerous high dollar awards on behalf of clients and fully understands that communication is the basis for an excellent client/attorney relationship. Call today to learn more about past cases, the law firm, and the legal team.

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A Brooklyn man has been arrested and brought back to Pennsylvania to face charges that have been filed against him regarding an accident he allegedly caused last April.

Truck Carrying Watermelons Crashes, 1 Killed & 1 Injured

On April 28th, 2018, Leytong Peralta-Olivo was driving a large tractor-trailer full of watermelons. He attempted to take exit 19 off of I-95 but he lost control of the vehicle. The semi overturned on the ramp.

The watermelons came out of the back of the truck and went bouncing around the highway. Pieces of the truck also broke away, and debris rained down over the overpass and onto the southbound lanes below. Unfortunately for two people, the debris fell on top of their moving vehicle, smashing the roof in, injuring them, and trapping them in their car.

Emergency responders rushed to the scene and used the jaws of life to cut the crash victims out of their vehicle. They were taken to the hospital where the 61-year-old passenger succumbed to his severe injuries. The driver survived but required extensive medical care.

The driver of the semi did not sustain any injuries in the accident and cooperated with police. Now, almost a year after the accident, he has been arrested and charged with homicide by vehicle and driving while under the influence.

How Do Criminal Charges Help Truck Accident Victims?

Although it can be very relieving to know that the person who caused you harm has been punished by the law, the harsh reality is that knowing justice has been served won’t help to pay for the losses that have been sustained or the pain that has been suffered.

This is why car, truck, and bus accident victims have the legal right to file a civil lawsuit against the party responsible.

How Can A Truck Accident Lawsuit Help?

If you or a loved one has been seriously injured in a car accident, you may be wondering if pursuing legal action is worth your time and energy.  While we can’t answer that question for you, what we can tell you is that this civil lawsuit could be the only way for you to recover compensation.

Through a verdict or a settlement, the victims of a car crash can recover compensation that will pay for their:

• Medical Treatments
• Lost Earnings
• Physical Pain
• Emotional Trauma

The total amount that can be recovered will change from case to case.

Can A Lawsuit Be Filed For Someone Who Died?

Yes, if the victim of an auto accident died because of the injuries caused by the crash, a lawsuit can be filed by their surviving loved ones. Typically the family members that are eligible to file a wrongful death lawsuit include the parents, spouses, or children of the deceased.

A wrongful death lawsuit can provide additional compensation for plaintiffs including:

• Funeral and Burial Costs
• Lost Inheritance
• Lost Benefits

At Schuster Law, we know how painful it is to unexpectedly lose a loved one. Our goal is to make sure that you and your loved ones can focus on grieving while we handle the legal aspects of your case.

Why Do I Need To Contact An Attorney ASAP After A Truck Accident?

There are several reasons why you should contact an attorney as quickly as possible after being involved in an accident with a tractor-trailer.

First, each case has a statute of limitations which applies. This means that the victims only have a short period of time during which they can make their legal claim.

Second, evidence that could help to prove your allegations disappears quickly. For example, did you know that most tractor-trailers carry a black box - much like the black boxes found on airplanes? This box can record information such as the speed at which the accident occurred if the brakes were applied prior to the collision, and more. But trucking companies know that this information could put them at risk so often these boxes and their recordings are “lost”.

Let Schuster Law take the steps that are needed to preserve the evidence. Call our local law offices today to get started.

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You’ve been injured in a slip and fall accident on someone else’s property and now you have realized that you may not be able to afford the medical care you require. You may not have previously considered filing a slip and fall lawsuit, you may feel like it’s an extreme step to take, but legal action may be the only way that you can recover the compensation that you need.

However, slip and fall lawsuits are complex and depending on the circumstances, you may not be able to pursue legal action.

Do I Have A Slip & Fall Case?

How do you know when you can pursue a slip and fall lawsuit? What aspects of the case can impact your ability to sue?

In order to determine if you have a case, our legal team has to determine if negligence occurred. Under the law, negligence occurs when one party fails to do what they should and another party is injured as a result. When it comes to slip and fall accidents, the following must occur in order for a victim have a valid claim:

The Accident Must Have Been Reasonably Foreseeable

There are some situations where a visitor to a property should know that they need to proceed with caution. For example, if you decide to take a hike on a path through the woods that isn’t paved and is covered with roots, rocks, and uneven areas, this is considered an open and obvious hazard.

However, if you are walking around a store, looking at merchandise instead of the floor and you slip on a spilled liquid, you could have a case. This is because a spilled liquid is a foreseeable hazard and one that should have been cleaned up in a reasonable amount of time.

Timing: How Can Time Impact A Slip & Fall Case?

According to the law, property owners and managers must have had a reasonable amount of time to discover and clean or fix the hazard which caused you harm.

What is considered reasonable will vary from property to property since no two are exactly alike.

Serious Injuries That Are Commonly Caused By A Slip & Fall Accident

When a child falls, adults tend to tell them to “brush it off” and “get back up”. While some people do just get up after a fall and go about their business, others aren’t so lucky. Injuries that are commonly sustained in a slip and fall accident include:

Broken Bones

Even just a simple fracture of a bone will take weeks to heal. In severe cases, the patient may require surgery to correct and stabilize the fracture. If the broken pieces of bone move, the surrounding tissue, muscle, and nerves may also be damaged. Patients may require months or even years of physical therapy.

Traumatic Brain Injuries

The brain is incredibly delicate and even though it is protected by the skull, a blow to the head can cause the brain to hit the inside of the skull. A brain injury can impact a patients ability to speak, see, move, and may result in a vegetative state. Over a lifetime, the medical treatments required by brain injury patients can cost more than $3 million.

Spinal Trauma

Bruising and bleeding around the spinal cord, a severed spinal cord, or fractured vertebrae can all cause partial or total paralysis. This can end a career and forever change the quality of a person’s life.

These are just a few of the injuries that a slip and fall victim can be diagnosed with - injuries that will cause financial strain.

What Steps Should I Take To Protect Myself After A Slip & Fall?

Steps that every slip and fall victim should take after their accident include:

1. Seek Medical Attention: Even if you aren’t sure that you sustained an injury, it’s wise to visit a doctor. Some injuries, like those involving the spine and brain, don’t surface until much later.
2. Take Photographs: If possible, take pictures of the area where the fall occurred, including pictures of the hazard that caused the accident
3. Talk To Witnesses: Speak with those who witnessed the accident. If possible, collect their contact information.
4. Speak With An Owner Or Manager: Let them know that you fell, what caused the fall, and request a copy of their insurance information.
5. Speak With A Lawyer: Contact our legal team as quickly as possible so that we can start building your case.

The legal team at Schuster Law has been assisting slip and fall accident victims for more than 30 years. Call our law office today to learn more about how we can help.

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The Pennsylvania Supreme Court ruled on Sept. 21 that a woman who was in a same-sex, unmarried relationship with the biological mother of a boy conceived through artificial insemination is not legally the boy’s parent and is not entitled to partial child custody.

The ruling, set forth in an opinion written by Justice Sallie Updyke Mundy, is based upon the parties’ unique circumstances. It leaves open the possibility that under a different factual scenario the court might expand the meaning of parentage under Pennsylvania’s child custody statute so as not to limit it to the biological or adopted parents of a child.

Parental Role

In C.G. v. J.H., the women were living together in Florida when J.H. paid for artificial insemination herself and gave birth to a son in 2006. After the couple separated in February 2012, J.H. moved to Pennsylvania with the boy, who was then 6 years old. In 2015, C.G. filed a lawsuit in Pennsylvania seeking partial custody.

During the litigation, the ex-partners fiercely disputed C.G.’s role in the child’s life. J.H. maintained that the decision to have a child was hers alone and that she alone acted as his parental caretaker. C.G. claimed the two agreed to have a child together, she considered the boy to be her son, and that she played an active role as co-parent.

The trial court found that prior to the couple’s separation C.G. did not act as a co-parent, and the Superior Court of Pennsylvania affirmed that ruling.

Pennsylvania Supreme Court Decision

On appeal, C.G. argued for expanding the meaning of legal parentage under Pennsylvania’s child custody statute, Pa.C.S. §5324(1). C.G. urged that in addition to traditional concepts of parentage by biology and adoption, legal parentage should also include: “those who intend to bring a child into the world with the use of assistive reproductive technology and then co-parent the child subsequently born through that process.”

In rejecting C.G.’s argument, the high court reasoned that C.G.’s case did not provide a factual basis upon which to expand the definition of “parent.” Note that the statute does not explicitly define the term “parent” and thus under Pennsylvania case law the term is presumed to go by its popular and everyday meaning.

In ruling against broadening the meaning of “parent” the high court reasoned:

The instant case is not one where a statutory presumption would be bestowed on a similarly-situated male based on cohabitation in the absence of marriage, and as highlighted throughout, the factual findings of the trial court determined that C.G. did not jointly participate in Child’s conception and hold him out as her own.

The Takeaway

Although C.G. did not prevail, the Supreme Court seemed open to adopting a parentage by intent standard under the right set of circumstances when a child is conceived via assistive reproductive technology. As Justice Mundy wrote:

The jurisprudence in this Commonwealth has declined to void contracts involving surrogacy and/or the donation of sperm or ova recognizing a separate mechanism by which legal parentage may be obtained (or relinquished). The facts of C.G.’s case do not place her into this narrow class of cases where legal parent rights and responsibilities have been relinquished or assumed via contract.

We will keep you posted of future developments in this emerging area of law.

For more than 30 years, the family law lawyers at Schuster Law have been handling a wide range of cases ― from typical divorces to complicated child custody and support arrangements.

 

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