CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

We all hear about car accidents. Sometimes we even witness the destruction caused by an accident on our way to work or the grocery store. Most of us curiously glance at the emergency scene unfolding in the roadway in front of us, thinking “it will never happen to me.” The truth is, even the most careful drivers can be injured in an auto accident through no fault of their own.

No one plans for car accidents to occur. As a result, when an accident happens it can often be overwhelming for an injured party and their family as they try to recover and return to a normal daily routine. At the Law Offices of McMahon, McMahon & Lentz we believe that if you’ve been injured in an auto accident the last thing that you need to worry about is how/if your medical bills and other damages will be paid for and whether you will receive the compensation you deserve. Since 1962, our law firm has represented accident victims in serious personal injury and wrongful death cases. In addition to dealing with the responsible insurance companies, we will sit down with you and navigate you through the entire claim process and take the hassle out of recovering full compensation for your injuries.

At McMahon, McMahon and Lentz, our clients are more than just another file number. Our lawyers are committed to frequent, personal one on one interaction with our clients to ensure that we understand your individual needs and concerns. In an age of electronic communications, our firm remains committed to traditional values and the principal that real business is not done on a computer, but with regular personal communication.

What to Do After an Accident:

1. Contact Emergency Services

  • You should NEVER leave the scene of a car accident without contacting the police.
  • Police play a critical role in preserving your right to recovery. When a police officer arrives on the scene, he or she will make observations and obtain statements from the parties involved in the accident as well as any third party that may have witnessed the accident.
  • The police officer will record all of the relevant information and will prepare a detailed report. The insurance company will review the officer’s report in evaluating your claim.
  • What the police officer records in his or her notes and reports will reduce the likelihood of inaccurate information being presented to the insurance company. Sometimes insurance claims and personal injury litigation will not be resolved until several years after the accident. Over time, people involved in an accident, as well as witnesses to the accident, will forget or inaccurately recollect important details from the accident scene. Police records can help to ensure the accuracy of information by reducing the likelihood of faulty recollections.

2. Immediately get TREATMENT for Your Injuries

  • All too often a person will avoid getting medical treatment because they think that the injuries are minor and will go away with time. However, what once seemed like a minor injury may become worse over time and require on-going medical treatment. It may not be until many months after your accident that you realize that what you once brushed off as a minor injury has worsened into a chronic condition that interferes with your daily life activities. At this point, it may be too late. An injury which doctors may have been able to effectively treat in the early stages might now be untreatable due to the deterioration caused over the months that the injury was left untreated.
  • In addition, if you wait too long to seek treatment for your claim, the responsible insurance company may seek to minimize your injuries and evaluate the value of your case at much lower dollar amount.

The Different Types of Insurance Coverage:

If you have auto insurance, the type of coverage you selected when you signed up for your insurance plan will determine how your claim for bodily injuries will be evaluated and whether you are entitled to compensation for pain and suffering. There are two major distinctions between types of Insurance Coverage Plans that affect how your claim is processed. An insured motorist may either select a Full Tort Option or a Limited Tort Option. Here are the differences between the two options:

  • A Full Tort Option: Allows you to seek compensation for non-economic claims such as pain and suffering, regardless of the severity of bodily injury that you suffered resulting from the accident.
  • A Limited Tort Option: As the name implies, under this option you are limited to recovering for only certain claims. Typically, you will not be eligible to recover for pain and suffering unless you prove that you sustained “serious bodily injury” as a result of the accident. What constitutes a “serious bodily injury” is an issue that has been the subject of much litigation. However the term “serious bodily injury” generally means a serious, protracted loss of any bodily member or function, permanent disfigurement or death.

Frequently Asked Questions:

Q: How will my medical bills be paid?

A: If you own a vehicle that is insured and you are injured while operating that vehicle, then your medical bills will be paid by your insurance carrier whether or not you are at fault.

In addition, if you own an insured vehicle and you are injured while a passenger in a vehicle owned and/or operated by someone else, then your own automobile coverage will still be responsible for paying your medical bills.

Q: When will I receive compensation for my claim?

A: Generally, how long it takes to receive compensation for your claim depends on: (1) how long you are receiving medical treatment for the injury and (2) whether the insurance company agrees to accept responsibility for the accident and fairly evaluates your claim in a timely fashion.

Q: I had to miss days from work as a result of my injuries, can I recover money for those days?

A: It depends on whether you selected Wage Loss Coverage in your insurance plan. If you selected Wage Loss Coverage, then you are entitled to receive the amount of compensation allowable in the plan for any time that you miss from work as a result of the accident. Otherwise, your lost wages may be included in your pain and suffering claim.

Q: What is negligence, and how does it relate to my case?

A: Generally, the law imposes upon every person a duty of care. A person’s legal duty is to act as an ordinary, prudent, reasonable person. The law assumes that an ordinary, prudent, reasonable person will take care to avoid creating an unreasonable risk of harm to another person. Therefore, if a defendant’s action (or inaction) creates a foreseeable and unreasonable risk of harm to persons in the injured plaintiff’s position, the defendant’s duty of care extends to the plaintiff. A defendant is negligent when he breaches this duty of care by actually creating a foreseeable and unreasonable risk of harm to the plaintiff. However in order to be entitled to recovery, the plaintiff must show that the defendant’s breach of this duty resulted in the damages claimed by the plaintiff, including personal injuries, medical expenses, wage loss, and property damage.

In order to recover on your claim that another driver was at fault and responsible for your injuries, we need to help you to prove negligence (i.e. that the other driver had a duty of care to you, that he or she breached this duty, and that your injuries/damages are a direct result of this breach).

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