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The Philadelphia, Pennsylvania Civil Litigation Attorneys of Brooks, Bradley & Kenney Practice Areas and Legal DefinitionsWhile types of insurance vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. Each individual pays a "premium" into a pool, from which losses are paid out. Regardless of whether the particular individual suffers the loss or not, the premium is not returnable. However, insurance companies can become victims of unjust litigation through bad faith issues and unfounded claims. In the area of business litigation, the Philadelphia corporate litigation lawyers of Brooks, Bradley & Kenney are committed to handling all of your legal needs in a prompt and efficient manner. Brooks, Bradley & Kenney handle all forms of dispute resolution including mediation, arbitration and administrative hearings. Their business litigation cases range from employment disputes and errors and omissions concerns, to contract negotiations and document preparation, to litigation of claims involving breach of contract, misrepresentation and other forms of unlawful business conduct. Regardless of your litigation needs, you can be assured that the Pennsylvania business lawyers of Brooks, Bradley & Kenney are committed to serving you in an aggressive, professional manner that sets them apart from other firms. Real Estate Law includes preparation and review of offers, counter-offers, purchase agreements, leases, deeds and other real estate documents, and civil lawsuits involving related real estate legal issues. In major financial transactions, especially those involving real estate properties, it's important to have a knowledgeable negotiator working for you; one who knows the law and whose loyalty to you is undivided. Real estate brokers and agents depend on sales commissions for their livelihood. If the sale does not occur, they receive nothing for their time and energy and this can create a conflict of interest. You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected. Probate Law includes estate planning and the preparation of Wills, Trusts, and other documents, and the litigation of probate disputes. Probate is simply the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered, applied to pay debts, taxes and expenses of administration and distributed to those designated as beneficiaries in your Will. The executor or personal representative named in the Will is in charge of this process, and probate provides an orderly method for administration of the estate. If you or a loved one has suffered a personal injury due to the negligence of another, need business or real estate litigation advice, require the services of an experienced estate planning attorney, or have questions and want legal counsel on any of the information provided within, please contact the Philadelphia, Pennsylvania litigation attorneys of Brooks, Bradley & Kenney today, at (610) 565-4800, or use the contact form provided on this site to schedule your free consultation with an experienced and trusted Philadelphia civil litigation lawyer. Pennsylvania Vehicle Accidents: Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:
The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant. Pennsylvania Automobile Accidents: The Philadelphia personal injury attorneys of Brooks, Bradley & Kenney have years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. Brooks, Bradley & Kenney works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The Philadelphia car accident lawyers of the Firm possess a detailed comprehension of Pennsylvania's automobile insurance and liability laws and understand the different sources of recovery available to car accident victims and their families. Pennsylvania Aviation Accidents: Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash. Typically, the National Transportation and Safety Board (NTSB) will conduct an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility. Pennsylvania Bicycle Accidents: According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles. Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case, and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost income. Damages awarded in a bicycle injury claim can include:
Pennsylvania Boating Accidents: Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft to be involved in boating accidents, although sailboats can be involved in accidents as well. The most frequent sources of injuries are caused from propeller accidents and collisions. Because personal watercraft such as jet skis can't be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency. Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning. Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence. Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages. The cruise ship industry restricts when and where a personal injury claim can be filed. For example, many tickets make a stipulation that an injured passenger must file a claim within one year of the cruise ship accident, and that claims must be made in a certain state. Because of these limitations, it is important to consult with experienced legal counsel before (and during) filing a cruise ship personal injury claim. Pennsylvania Motorcycle Accidents: Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident. The Pennsylvania motorcycle accident attorneys of Brooks, Bradley & Kenney can advise injured riders of their legal rights and discuss the litigation options that are available. Train accidents can result in personal injury such as sprains and fractures, catastrophic injury such as head trauma, brain damage and paralysis and loss of lives or property. Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents, or accidents due to mechanical failure. It is the railroad's responsibility to ensure there are appropriate signals and gates at every railroad crossing for safety precautions. If the railroad fails to take such precautions, they are liable for any injury or death that ensues. Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity. Although SUV rollovers do not occur as often as other automobile accidents, when they do occur they have a higher chance of resulting in serious injury or death, and are considered to be the most fatal type of vehicle accident on national roadways. According to the Federal Highway Administration, SUV rollover accidents account for more than side and rear fatal vehicle crashes combined, and are three times more likely than the average passenger car rollover. Although SUV's were designed primarily for the purpose of off-roading, manufacturers have since discovered their immense popularity as family vehicles, and have begun removing roll bars in current models. SUV seat structures are not designed to keep occupants in place during a rollover (regardless if seatbelts are worn), and vehicle roofs, windshields and side windows easily collapse, increasing the risk of occupant head, brain, spinal cord and back injuries. While the body of an SUV remains the same as it would if used for off-roading, the removal of the roll bars, combined with the high center of gravity due to multiple passengers, make rollover accidents, and occupant ejection, that much more fatal. Pennsylvania Burn Injuries: People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation. Pennsylvania Construction/ On-the-Job Accidents: Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.
Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury Attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases. Defamation (libel & slander): A form of personal injury that does no physical harm but can be extremely harmful to a person's reputation or character is called defamation. Defamation is false and unprivileged spoken words or written publication which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation. For additional information related to Defamation, contact the Pennsylvania personal injury lawyers of Brooks, Bradley & Kenney today. Pennsylvania Dog/Animal Bites: Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the Commonwealth of Pennsylvania, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring. Defective Products: Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty. Pennsylvania Medical Malpractice: Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians. Examples of Medical Malpractice include:
Pennsylvania Nursing Home Abuse & Neglect: Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss. Pennsylvania Slip and Fall/Premises Liability: Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions. Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. Pennsylvania Spinal Cord Injury: Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured. Pennsylvania Traumatic Brain Injury: Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems. Pennsylvania Wrongful Death: A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Pennsylvania, the following elements must be present:
The general rule in Pennsylvania in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support. |
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