November 2014 - Rizio Hamilton & Kane P.C.

Personal Injury Lawyer Philadelphia – How to Find the Right Fit?

Posted on November 25, 2014 by Alexandra Kane

When you’ve been injured in an accident and you are looking for an attorney, how do you know which attorney to pick? The following is a list of criteria that can help you find the right attorney for your case.

• The attorney must be bar certified in the area in which the accident took place or in the area in which you will file suit.
• The lead attorney should have years of experience as a personal injury lawyer Philadelphia.
• The attorney should have a proven track record or a list of results, which indicates settlements and cases that have tried to verdict.
• The attorney should return phone calls promptly and should make him or herself available to discuss your case with you, and should keep you apprised of the status of your case.
• The attorney should be working on a contingent fee basis. This means that, at the end of the case, if the attorney wins money for you, he or she will take a percentage of the money as payment for legal services.
• The attorney should also front the money for your case, so that you should not have any out-of-pocket costs on your case until the case settles or tries to verdict.

A personal injury lawyer Philadelphia should possess the above qualities. If you or a loved one has been injured in an accident, call us. Our attorneys will give you a FREE consultation and an honest assessment of your case. Find out if we have a personal injury lawyer Philadelphia to fit your case!

Fatal Tractor Trailer Accident in Berks County

Posted on November 19, 2014 by Alexandra Kane

Early this morning, a tractor trailer was involved in a fatal multiple vehicle accident. The accident took place on Route 222 in Maidencreek Township in Berks County. It is known that two people have been killed and nine others have been injured.

The tractor trailer rammed into stopped cars, which were in front of it. It is believed that up to six vehicles are involved. The amount of damage to the passenger cars is massive. Most are crushed and one was resting on its roof. News coverage of the crash can be found at the following link.

Berks County Tragic Tractor Trailer Accident Coverage

This tragic tractor trailer accident in Berks County is a reminder to us all that these massive trucks can cause enormous injury on the road. Drivers of these potentially lethal weapons often have been traveling on the road for too long, are too tired and overworked. The government imposes strict standards for tractor trailers and their drivers involving maintenance and driving hours, which plaintiffs often can use to their advantage.

Some ways to avoid these tractor trailer accidents, especially during these plunging temperatures and around the holiday season . . .

• Make sure to leave adequate distance between you and the driver in front of you in case of a sudden need to stop – tractor trailers need additional time to come to a full stop. This simple tip can help reduce the risk of being rear ended by a tractor trailer.

• Do not change lanes in front of a tractor trailer unless there is adequate space to do so.

• Remember that if you cannot see the driver of a tractor trailer, he cannot see you either.

• If a road offers a car only lane, take advantage of it!

• Review your insurance policy to make sure that you are full tort in Pennsylvania and that you carry uninsured and under insured motorist coverage. Protect yourself and your family members in case of an accident!

If you or a loved one has been injured in a tractor trailer accident, call one of our experienced tractor trailer accident attorneys. They will give you a FREE legal consultation and an honest assessment of your case.

Victim of Police Brutality – Injury Lawyer in Philadelphia

Posted on November 13, 2014 by Alexandra Kane

Earlier this year, a high school student was walking with his teammates on his way to a basketball game, when police approached him. The student was patted down by a female officer so violently, that she ruptured his testicle. The student was required to undergo emergency surgery at Children’s Hospital of Philadelphia.

The student’s mother was told by his doctor to press charges against the officer who physically assaulted her son. The Philadelphia police actually pressed charges against the student, citing resisting arrest and aggravated assault. This scenario is the classic he-said-she-said story of police brutality. Stories like this one were thrust into the media’s glare after Rodney King and Michael Brown. The ACLU reports that police brutality is a serious problem in this country.

In Philadelphia, we certainly have our share of police brutality. Countless complaints of officers being too aggressive and causing injury to those they are sworn to protect. It is a problem that needs attention and needs ramification. You can help. If you have been the victim of police brutality, and you need an injury lawyer in Philadelphia, call us. One of our injury lawyers in Philadelphia will give you a free consultation.

Medical Malpractice Lawyer in Philadelphia

Posted on November 13, 2014February 9, 2015 by Alexandra Kane

Joan River’s tragedy has brought medical malpractice into light in recent months. Rivers went into an endoscopy clinic for evaluation and treatment of vocal changes in connection with acid reflux. Her procedure was meant to be routine, however, it wound up being anything but that. She was administered a sedation drug called propofol (the same drug linked to Michael Jackson’s death) during a laryngoscopy. During the procedure, she went into cardiac arrest and it was eventually determined that she had low blood oxygen. Rivers was rushed to the hospital, where she remained on life support until she died a week later.

A federal agency, Centers for Medicare & Medicaid Services (CMS), investigated and found that the clinic where Rivers underwent the procedure failed to notice a deterioration in her vital signs. Amongst a list of violations, the CMS found that the clinic failed to obtain her informed consent, and failed to document her weight accurately, which would have a direct relationship to how much propofol to administer to her.

Rivers’ situation is all too common. Medical malpractice happens. Doctors are human, and they make mistakes. But people are very hesitant to sue them. One issue that personal injury attorneys face is that the legal threshold to file a medical malpractice lawsuit is tremendous. A medical malpractice lawyer in Philadelphia must file a certificate of merit in addition to the complaint. The certificate of merit must include an opinion by a medical professional (a medical expert) which states that the plaintiff’s doctor or other medical personnel breached the standard of care owed to the plaintiff. This requirement has forced personal injury lawyers to shy away from filing malpractice lawsuits unless the case is a “slam dunk”.

Another issue faced by medical malpractice lawyers in Philadelphia is the sympathy factor. Doctors can be sympathetic. Juries don’t want to seemingly bankrupt doctors. But, juries may not know that an award in favor of the plaintiff is not paid out of the pocket of the defendant doctor, but out of the pocket of his insurance company.

At Rizio, Hamilton & Kane, we know the ins and outs of medical malpractice litigation, and we are not afraid to fight insurance companies for medical malpractice victims and their families. If you have been the victim of medical malpractice, and are looking for a medical malpractice lawyer in Philadelphia, call us for a free consultation.

Insurance Issues: Philadelphia Truck Accident Lawyer

Posted on November 5, 2014November 25, 2014 by Alexandra Kane

Truck accidents involve a myriad of insurance issues for all injured parties. Often times, with tractor trailer accidents, the truck and the trailer are owned separately. Quite frequently, the driver owns the tractor while a different company owns the trailer and cargo. This scenario can lead to the question, is the driver an employee of the cargo company or an independent contractor? Who holds the insurance – the driver or the cargo company? Our Philadelphia truck accident lawyers can help you find the answers.

It has been our experience that arrangements like the above are usually purposeful, aimed to create confusion and serve as a basis for insurance companies to deny liability. A careful lawyer will make sure all parties are named in a lawsuit.

Additionally, truck owners and operators are required to carry higher limit insurance policies. These higher policies help compensate those who have been injured in the truck accident and offset the risk of the truck on the road … the bigger the vehicle, the more risk of injury it can cause.

Truckers are further required to follow state and federal regulations concerning cargo limits, truck maintenance and the length of time a driver can be behind the wheel. Violations of these regulations can prove helpful for a plaintiff’s case.

If you have been injured in a truck accident, call our Philadelphia truck accident lawyers. Truck accidents can have devastating effects on the lives of the injured and their families. Our experienced Philadelphia truck accident lawyers can help guide you on your road to recovery.

Texting and Driving: Philadelphia Car Accident Lawyer

Posted on November 5, 2014November 5, 2014 by Alexandra Kane

A recent AT&T survey indicated that nearly all drivers who own cell phones understand that texting while driving is dangerous, yet almost 75 percent of them continue to text and drive anyway. It is well known that we have a serious problem across this country when it comes to texting and driving. Pennsylvania enacted a law, along with many other states, that bans texting and emailing while driving. But, is the law really working? As Philadelphia car accident lawyers, we see countless texting and driving accidents.

Despite our state enacted laws, many people are still injured and killed every day as a result of texting and driving. AT&T’s DriveMode application was designed to help lessen the number of texting and driving accidents. The free app silences text alerts while driving, and automatically replies to texts. The app even turns on automatically when the vehicle is moving.

AT&T has further designed a feature that allows parents to receive alerts when their child’s DriveMode is turned off, when the auto-mode is disabled or when a new speed dial number is added.

The app is available for various smart phones, such as iPhones and Androids.

We can all do our part to stop texting and driving. No text is worth it!

If you have been injured as a result of someone texting and driving, and you need a Philadelphia car accident lawyer, call our office today. As Philadelphia car accident lawyers, we will help you through your journey to recovery. Sometimes, car accidents can create complex medical, financial and insurance issues. If that sounds familiar, call our Philadelphia car accident lawyers for help!

Month: November 2014