Class Action Litigation In Medical Malpractice

 

Medical malpractice claims are usually brought by individuals who have been harmed due to the negligence of a physician, nurse, hospital or other health care professional. In cases involving issues such as harmful side effects of a medication, thousands of people may be affected, and they may all pursue compensation in a class-action lawsuit. If you are unsure about whether you have an individual claim or should consider being part of a class-action lawsuit, a top medical malpractice attorney can help you understand the difference between the two and advise you of your options.

What is a Class Action Lawsuit?

Although a class action lawsuit is a civil action, unlike a medical malpractice suit or personal injury claim, it involves multiple plaintiffs who have sustained injuries or losses due to the actions of the same defendant. Examples of class action litigation that involve medical issues include those that are filed against pharmaceutical companies due to dangerous side effects of medications, and manufacturers of materials such as surgical mesh and IUDs that ended-up being defective and causing injury. These class-action lawsuits are not really considered medical malpractice claims and typically fall under the legal umbrella of product liability.

Some personal injury law firms handle all of these forms of litigation, while others focus on specific areas of tort law such as car accidents, premises liability, and product liability.

How Do Class Action Lawsuits Work?

When you contact an attorney about a medical issue that could lead to a potential class action, they will do research on whether others have been harmed in the same way. They will determine:

- Whether there is an existing lawsuit making the same allegations

- How many others have been similarly injured

- Whether the statute of limitations to file a claim has passed

- Whether the company or individual who is being sued is protected from liability due to a bankruptcy filing

They also will look at previous judicial opinions and rulings to find out if any lawsuits involving similar claims have been successful. A class-action lawsuit is a huge undertaking that requires significant resources, so it is critical for lawyers to conduct due diligence before proceeding.

Filing a Class Action Lawsuit

A class-action lawsuit can be initiated by just one individual or a small group of people. If a personal injury lawyer or medical malpractice attorney believes a class action lawsuit is appropriate, they will draft a complaint that outlines the facts of the claim and damages that are being sought. The lead plaintiff will be named in the complaint and it will also describe the potential “class” of individuals who may be eligible to participate in the lawsuit. For example, in a case involving defective surgical mesh, the “class” would be patients who had serious complications after hernia mesh surgery.

For a class action to proceed, a judge must issue a class certification ruling. Many class actions settle before going to trial. The attorneys will issue a notice to the class members informing them about the settlement or judgment and their right to opt-out of the case, with instructions on how to claim their part of the settlement.

To learn more about medical malpractice and class action lawsuits, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/class-action-litigation-in-medical-malpractice/

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Here's How You Can File For a Fault-Based Divorce

 

Although most couples choose to utilize the no-fault divorce process in Pennsylvania, in some cases divorce based on fault grounds is more appropriate. Fault-based divorce sometimes gives a person a sense of vindication if their spouse committed serious wrongdoing. In other cases, someone may choose fault-based divorce to try and get the upper hand in a divorce settlement. Regardless of the type of divorce you are filing, it is important to speak with an experienced divorce attorney who can guide you through the process.

Filing for Fault-Based Divorce in PA

To file for divorce in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint must be filed with the Court of Common Pleas in the county where you or your spouse resides. The complaint should include reasons why you are requesting a divorce, and any other matters you would like the court to address. A court filing fee must be paid at the time the Complaint is filed. Local divorce attorneys should know the specifics for filing a divorce in your jurisdiction. They can help to ensure all important information is included in your complaint and make sure it is properly filed.

Serving Your Spouse with a Divorce Complaint

Complaint documents and summons must be served on your spouse within 30 days of the date they were filed. Most divorce lawyers use professional process servers to hand-deliver the complaint and summons or in some cases serve the Complaint by Certified Mail. Your divorce can proceed once your spouse has been served with these documents.

Grounds for Fault-Based Divorce

A fault-based divorce must be brought on certain grounds. You can file for this type of divorce if your spouse has:

- Committed adultery or bigamy

- Been cruel to a degree that has made the marriage intolerable, including domestic violence

- Abandoned you without cause for at least one year

- Been convicted of a crime and imprisoned for two or more years

An attorney can evaluate your case and determine which grounds may apply. If you are getting divorced, it is also important to consult with lawyers for wills to help protect your assets and update your estate plan.

Why Should I File for Fault-Based Divorce?

Courts may not consider fault as a factor when dividing property, but it can be considered when awarding spousal support or alimony. Although fault is technically not a factor when a judge is determining custody, certain behavior may affect whether you get custody of your children. For example, if drug addiction is noted as part of the fault grounds in your spouse’s complaint, you may only be allowed supervised visitation with your children.

Some people file for divorce on fault grounds to avoid the no-fault waiting periods so they can end a marriage more quickly. If you believe that your spouse is opposed to the divorce or wants to make your life difficult by contesting the date of separation or the fact that the marriage is irretrievably broken, fault-based divorce may be a more effective option than no-fault divorce.

The dissolution of a marriage can be contentious and complex. The family law attorneys at Perna & Abracht, LLC can help you understand the process and protect your rights.

This blog was originally posted on https://www.pa4law.com/heres-how-you-can-file-for-a-fault-based-divorce/

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How to Recover Compensation in a Dram Shop Claim?

 

Under dram shop law, when bars, restaurants, nightclubs or other establishments serve alcohol to someone who is visibly intoxicated, they may be liable for any damages the intoxicated person might cause. Good car accident lawyers are well-versed in the nuances of all types of dram shop claims and can help you understand how you may be able to recover compensation if you have been injured or have lost a loved one in a drunk driving crash.

Types of Dram Shop Cases

While the majority of dram shop cases involve drunk driving accidents, a business owner may be liable if an intoxicated person assaults someone or injures themselves after leaving an establishment as well.

Most dram shop cases are third-party claims, which means that the victim of the intoxicated person’s actions is the one suing the establishment. In first-party dram shop claims, the patron who was drunk is the one bringing a claim against a bar or restaurant. Unless a first-party claim involves a minor, juries are usually hesitant to award damages to the person who was intoxicated when they were injured.

Social Host Liability

Similar to dram shop laws, social host liability laws allow injured victims to sue the host of a private function if someone who became intoxicated there causes injury or death. In many states, social host liability only applies when a host serves alcohol or drugs to a minor.

Proving Negligence in Dram Shop Claims

To recover compensation in most personal injury claims, a plaintiff must prove that the at-fault party was negligent. An accident injury lawyer may be able to demonstrate negligence by using specific elements of a dram shop statute, including:

- The person serving alcohol knew or should have known that the patron was intoxicated

- The bartender or server did not request proof of age

- An establishment served a patron after closing time

- A certain amount of alcohol was served during the time a patron was there that would have reasonably resulted in intoxication

Bartenders, servers, managers, and establishment owners have a legal obligation to ensure they do not enable intoxicated people to continue drinking, but proving negligence in dram shop claims is challenging.

Damages in Dram Shop Claims

In some states, an injured victim or the loved ones of someone who was killed in an accident may be entitled to additional damages if they can prove that the defendant acted recklessly. In other states, there are caps on the amount of damages that may be recovered in dram shop claims. Depending on the circumstances, types of damages you may recover include:

- Medical bills

- Lost wages

- Pain and suffering

- Loss of companionship and consortium

- Wrongful death damages

Contact an Attorney as Soon as Possible if You Are Considering a Dram Shop Claim

If you believe you have a viable dram shop claim, it is important to act fast. A number of states require you to give notice of your intention to bring a dram shop claim against an establishment within a certain period of time. In some cases, this time frame may only be 60 days from the date of an accident or injury.

Understanding the complexities of dram shop claims can be challenging, but you don’t have to go it alone. Contact a top-rated personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-in-a-dram-shop-claim/

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What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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How Does Domestic Abuse Affect Child Custody cases?

 

Domestic violence is a serious issue that affects millions of families in the United States. In most courts around the country, judges are required to make custody decisions that are based on the best interests of the child. So how does domestic violence affect custody issues? Each case is different and there is no easy answer to such complex matters. Whether you have been a victim of domestic violence or have been accused of it, seeking the counsel of top child custody lawyers is vital to protecting your rights and your children’s best interests.

Domestic Violence and Divorce

Domestic abuse is often a catalyst for a spouse to file for divorce or to leave a relationship. When children are involved and issues of custody arise, things can get ugly. Divorces involving abusive relationships are often contentious and require court intervention. In these cases, the court will determine who will be granted physical and legal custody, which may include either parent or even a grandparent or other guardian. As always, courts evaluate evidence and make decisions based on what is best for the children’s safety and overall well-being.

The Impact of Domestic Abuse on Custody

Whether allegations of domestic abuse are recent or long past, the court may consider all of them. Generally, courts tend to err on the side of caution when granting custody or visitation in cases involving domestic violence. If a judge determines that a parent is a danger to the child or the other parent, custody and visitation may be denied or strictly limited.

Factors Considered By the Court

Although a judge will hear a parent’s allegations of domestic violence, evidence such as a Protection From Abuse Order (PFA), police report, witness statements and other documentation may be required in a custody hearing. It is well worth finding an affordable divorce attorney who knows which type of relevant evidence may help your case.

Typically, courts will consider:

- Whether alleged occurrences of domestic violence had an impact on, or were directed at, the child

- Whether the accused abuser still poses a danger to the other parent or child

- The frequency and severity of the abuse

- Any pending criminal charges against the alleged abuser

- Physical evidence of abuse, including current injuries or photographs

- Any relevant police reports

Custody and Visitation

After the court has considered all the evidence, the judge will make a determination about custody and visitation arrangements. If one parent poses a danger to the child or the other parent, the accused abuser may not be granted visitation at all. A judge may decide to:

- Order supervised visitation

- Revise an existing visitation order, such as revoking overnight visits or requiring supervised visitation

- Order anger management, parenting classes, or domestic violence counseling

- Issue a Protection from Abuse Order (PFA)

- Although it is rare, if both parents are abusive, the court may place the child in foster care or a relative’s care

If you are dealing with domestic abuse and child custody issues, contact a child custody lawyer in Pennsylvania to learn more.

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430 or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-abuse-affect-child-custody-cases/

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Who Is Liable for a Self-Driving Vehicle Accident?

 

Also known as autonomous vehicles, self-driving cars continue to be developed by companies such as Uber, Tesla, Waymo and others. Although they are designed to eliminate driver error and reduce the incidence of accidents, some self-driving vehicles have been involved in serious, fatal crashes. If you have been hurt in a self-driving car accident, it can be tough to figure out who may be liable for your injuries and damages. A good car crash injury lawyer can determine which parties may be responsible and help you recover compensation for your medical bills, wage loss, pain and suffering, and other damages.

Automation is Intended to Reduce Driver Error

According to the National Highway Traffic Safety Administration (NHTSA), some type of human error is responsible for approximately 94 percent of all motor vehicle crashes in the United States. The economic and human costs of these crashes are innumerable. While the creation of self-driving cars seeks to significantly reduce these costs, crashes involving self-driving vehicles have led to significant questions about liability.

Who is Responsible When an Autonomous Vehicle Causes Injury or Death?

There are several elements that may be involved in any type of accident, but when an autonomous vehicle is involved, liability issues can get murky. The most common causes of car accidents include:

Human Error

Most self-driving cars still have human operators who remotely monitor the vehicle while it is on the road. If an operator is ultimately responsible for controlling a self-driving vehicle, they may be personally liable if their negligence causes a crash. For example, if a remote operator of an autonomous vehicle falls asleep and is involved in an accident, they may be responsible for any damages resulting from the collision.

Defective Design or Manufacturing

Technology fails for many different reasons, including improper design, defective parts, and vehicle malfunction. In these types of cases, the designer, parts manufacturer, auto manufacturer, and other parties may be liable if a self-driving car is involved in a crash.

Poor Regulation

Regulatory agencies are also responsible for keeping everyone safe on the road. If a government entity permits unsafe self-driving vehicles to operate, they may be responsible if testing on roadways results in harm to the public. When bringing a claim against a municipality or other government agency, there are strict procedures and deadlines that must be followed. These entities also enjoy certain liability protections that individuals and businesses do not. If you believe poor regulation of a self-driving vehicle led to an accident, it is vital to hire a personal injury lawyer who has experience handling these types of cases.

Dealing with Insurance Companies after a Self-Driving Vehicle Accident

Because several parties may be responsible for damages in a self-driving car accident, negotiating with multiple insurance adjusters can be a nightmare. In cases involving autonomous vehicles, you may have to file a claim with the insurers of:

- The company that owns the vehicle

- The vehicle operator

- Technology and parts designers and manufacturers

- Other motorists involved in the accident

- A regulatory agency

Determining exactly who is at fault in these crashes is overwhelming and confusing. Although many of these companies have high limits on their liability policies, it doesn’t mean they will offer a fair personal injury settlement from the get-go. An experienced auto accident attorney can help you sort it all out and assist you with pursuing compensation from the appropriate parties.

If you or a loved one has been injured in a self-driving vehicle accident, contact an attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/who-is-liable-for-a-self-driving-vehicle-accident/

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What Should I Do If I Am Injured In A Drunk Driving Accident?

 

Although the penalties for drunk driving are stiff, motorists still get behind the wheel while impaired. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 28 people in the United States die in drunk-driving crashes every day. Being injured in an accident caused by a drunk driver can have devastating consequences as well. Top car accident lawyers share some tips that can help protect your rights and hold responsible parties accountable.

Stay Calm and Call 911

After a crash, it is normal to feel shaken, overwhelmed, and even angry. Keeping a cool head and noticing what’s happening around you can help you remember important details that may be relevant to a car accident claim. Call 911 or local law enforcement. If you suspect that the other driver is impaired, make sure to tell officers when they arrive on the scene. If possible, get a copy of the police report at the scene – it provides vital documentation of the accident and what officers may have observed.

Seek Medical Attention

Calling 911 can also help to ensure you get the medical attention you need if you have been injured. Going to the emergency room or seeing your doctor as soon as you can is crucial not only to protect your health and well-being, but also to provide valuable evidence of your injuries. Make sure to save all medical bills and receipts for any accident-related expenses.

Gather Contact Information

Obtain insurance and contact information from any motorists involved in the crash, including their full name, phone number, email, license plate, and driver’s license info. If there are any witnesses, write down their contact information and statements as well.

Take Photos and Video

If you are able, take photos of the scene, damage to vehicles your injuries, and anything else you think may be important. A video can also provide useful visual documentation of the scene. If you are seriously injured or unable to take photos, ask a passenger or bystander to take some pictures.

Document Everything You Remember

Documenting what happened while it is fresh in your mind can help back-up the facts of your claim later. Whether you write it on a piece of paper or use the voice recorder on your smartphone, try to get the details down as soon as possible.

Contact a Car Accident Attorney

Even if you believe your injuries are not that serious, speak with a personal injury attorney after a drunk driving accident. Symptoms of some injuries may not appear right away, and the last thing you want is to be stuck with piles of medical bills down the road. If you have sustained a serious injury that keeps you from working and requires extensive medical treatment, a lawyer can evaluate your case and help you pursue the maximum compensation you need to protect your health and finances. An attorney will know how to gather the right evidence and put it all together to build a solid case. If a restaurant, bar, or individual served alcohol to a visibly-intoxicated person, they may be liable for damages as well.

Do you need assistance with a car accident claim involving a drunk driver? Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/what-should-i-do-if-i-am-injured-in-a-drunk-driving-accident/

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