The police investigated the accident and worked to find the fleeing driver. Law enforcement did not have much evidence to work with because no surveillance or other methods or recording captured the accident. They also did not find any witnesses to the collision. 

A hit-and-run accident occurs when a vehicle hits another vehicle, object or person, and the automobile leaves the collision scene. Under Pennsylvania law, a driver in a motor vehicle accident that results in property damages, bodily injury or death must stop immediately and remain at the accident location. The driver must also provide aid to anyone injured in the crash. If the driver cannot help, they must contact emergency responders.

Failure to stop at the scene after having a motor vehicle accident is a third-degree misdemeanor in Pennsylvania. The driver faces a felony charge if the victim has a bodily injury or dies. For failure to stop involving bodily injury, the defendant is guilty of a third-degree felony and a minimum of 90 days imprisonment and at least a $1,000 fine. A hit-and-run accident resulting in death is a second-degree felony with at least a three-year imprisonment and a $2,500 fine. 

In a hit-and-run crash, the injured party may not have the assistance and aid of the at-fault driver or bystanders near the accident. The individual’s injuries may worsen if they do not receive immediate medical care. 

When the driver leaves the scene, finding them requires more time and resources, and an investigation still may not locate the person. As a result, the victim cannot seek compensation from the driver who fled the crash site.

What To Do After a Hit-and-Run Accident

After a hit-and-run accident, the injured person may be unsure of the steps to take. The victim should do the following:

• Stay at the accident scene.
• Report the accident to the police.
• Obtain the names and contact information of any witnesses to the accident.
• Find out as much information as possible about the at-fault driver, including license plate number, the vehicle’s direction after the crash, description of the car and description of the driver.
• Seek medical care for treatment of any known or unknown injuries received from the collision.
• Keep all documents relating to the crash, including but not limited to the accident report, notes, witnesses information, medical records, healthcare bills, medical excuses, and vehicle repair or replacement information.

Without information about the driver, the victim may have to file a claim with their insurance to receive compensation. Pennsylvania law requires all vehicles registered in the state to have insurance coverage. The automobile insurance policy must contain first-party benefits and third-party liability coverage.

In a hit-and-run accident, the victim files a first-party claim with their insurance provider. If the insured party dies, the personal representative of their estate may receive accidental death and funeral benefits. 

When the at-fault driver is uninsured, their third-party liability insurance covers the damages and injuries. However, the hit-and-run victim may not have the driver’s insurance information and cannot make a third-party claim with the fleeing driver’s insurance provider. Therefore, the victim must file an uninsured motorist claim with their own insurance carrier.

Uninsured motorist insurance is additional and optional coverage in Pennsylvania. The accident is eligible for an uninsured motorist claim if the driver’s identity is unknown or the at-fault driver does not have insurance. The coverage provides compensation for the victim’s damages and other losses from the collision. 

Know Your Rights After a Vehicle Crash

If you or someone you love has been involved in a Philadelphia car accident, contact the attorneys at MyPhillyLawyer. Our attorneys understand how to challenge insurance companies and fight for the compensation you deserve.

Call MyPhillyLawyer today to discuss your auto accident case. Know your rights after an auto accident — call 215-227-2727 or toll-free 800-461-3741 to talk to our attorneys about your legal rights and options. Your initial consultation is free.

No recovery… no fees or costs… guaranteed.

After arriving at the emergency room, the man died from his injuries. The incident is under investigation by the Occupational Safety and Health Administration (OSHA). The agency states that the company has no history of accidents. 

Construction sites contain many hazards that result in workplace accidents and death every year. The industry ranks among the most dangerous industries. In 2019, over 5,000 fatal work injuries occurred in the United States. The same year in Pennsylvania, construction had the highest number of fatalities.

In the workplace, certain types of accidents are common regardless of the nature of the employment. They include:

• Slips
• Trips 
• Falls
• Strain or overexertion
• Falling objects
• Accidents by crushing or squeezing
• Collisions 

The outcome of workplace or work-related accidents differs based on the nature and severity of the accident, such as:

• Loss of function of a body part 
• Loss of a body part
• Infection 
• Inflammation
• Broken bones
• Crash injuries 
• Death 

Injuries and deaths arising from employment-related accidents are subject to Pennsylvania workers’ compensation laws. Under state law, the exclusive remedy for a work-related accident is workers’ compensation. After a work-related accident, the injured employee may file a claim with the employer. To be eligible for benefits, the employer must receive actual notice of the accident within 120 days from the date the employee knew of the injury or the date it occurred. 

Workers’ compensation is no-fault insurance coverage that provides compensation for an employee’s job-related injuries or death. Under Pennsylvania law, employers must have workers’ compensation insurance. Employers have the option to have insurance coverage with the State Workmen’s Insurance Fund, a private insurance company, or an association or company with the authorization for workers’ compensation insurance. An employer also has the option to have self-insurance. 

Self-insurance is workers’ compensation insurance coverage funded by the employer. The Pennsylvania Department’s Bureau of Workers’ Compensation must approve the employer to carry self-insurance. The Bureau must determine whether the employer has the financial ability to cover and maintain self-insurance. 

When an employer receives a workers’ compensation claim, it must notify the insurance provider. The insurance carrier reviews the employee’s petition and decides whether to approve or deny the claim. If the insurer agrees with the claim, the employee may receive wage compensation while out of work. They also get medical care and possibly disability benefits. 

Failure of an employer to have any form of workers’ compensation insurance coverage may face civil and criminal penalties, including fines and imprisonment. State law criminally charges the employer for each day that it does not have the required insurance. 

Contact a Philly Work Accident Attorney

Protect your right to recover damages for your workplace injury. Contact us to learn more about your rights under Pennsylvania workers’ compensation law and how we can help you and your family face the future with hope. Call 215-227-2727

No recovery… no fees or costs… guaranteed.

His co-driver drove the rig off I-80 in Nevada and totaled the truck. Mr. Davis, who was sleeping in the berth, was ejected and sustained severe injuries involving significant disc herniations in his lumbar and cervical spine. He endured significant pain and suffering and was permanently disabled from his injuries and four spinal surgeries.

MyPhillyLawyer attorneys Dean Weitzman and John Lord obtained a $1.75 million settlement for Mr. Davis – an amount that would provide him with financial security for the rest of this life. 

MyPhillyLawyer truck accident attorneys filed a lawsuit on behalf of Mr. Davis against the driver, Andriy Prionyk, and the owner of the car hauler, AY Trucking. We had to prove negligence issues and that Mr. Davis’ medical care was necessary and reasonable. Additionally, we needed to determine if Mr. Davis was an independent contractor or an employee of AY Trucking as it related to immunity from a lawsuit under the Pennsylvania Workers’ Compensation Act.

MyPhillyLawyer hired credible, skilled experts who could testify that Mr. Davis was permanently disabled and that his treatments, past and future, were required for his life-altering injuries. Part of our strategy was to determine the qualifications of the lead driver, Mr. Prionyk, since he and AY Trucking had a contract stating he was an independent contractor. There were no contracts between Mr. Davis, AY Trucking, and Mr. Prionyk.

MyPhillyLawyer also hired a trucking industry expert to assess the work situation of Mr. Davis in this case. The expert concluded that even though the driver, Mr. Prionyk, was an independent contractor, AY Trucking, the car hauler owner, was liable for the accident under the Federal Motor Carrier Safety Act (FMCSA), which squarely places the responsibility on the carrier for the actions of their drivers, whether they are independent contractors or designated workers.

Just before jury selection, on the steps of the courthouse, the defendant’s lawyer and MyPhillyLawyer reached a settlement agreement of $1.75 million. 

If you or a loved one has been injured in a Philadelphia truck accident, you may be entitled to significant compensation. Our skilled team of Philadelphia trial attorneys aggressively pursues favorable settlement offers when possible but will not hesitate to take a case to trial if necessary. 

To learn more about how we can help you recover compensation for the injuries you have sustained in vehicle accidents call 215-227-2727, or toll-free 866-920-0352. We do not bill you for our services unless we can help you recover from your injuries.

Paraquat is a popular grass and weed killer, still in use in the United States. It is typically used as a spray and has been known to cause illness or death via direct ingestion and accidental exposure. This toxic and deadly pesticide is banned in many countries, including the European Union, China and Brazil. As of October 2020, the U.S. Environmental Protection Agency (EPA) refused to ban it.

Where Paraquat is Commonly Used

U.S. farmers currently use more than 8 million pounds of Paraquat every year on various crops such as strawberries, grapes, sweet potatoes, wheat, soy, corn, peanuts, citrus, almonds, artichokes, garlic and pears. 

Paraquat is used across the nation, but in some states, the use of the herbicide is higher. The states where the use of Paraquat is prevalent include: 

• Alabama
• California
• Florida
• Georgia
• Illinois
• Kansas
• Kentucky
• Missouri
• North Carolina
• South Carolina
• Tennessee
• Texas

Exposure to Paraquat

Long-term exposure to Paraquat has been associated with contracting Parkinson’s disease. If you are a gardener, landscaper, farmer, groundskeeper, picker, grower, licensed applicator or another agricultural worker you likely have had contact with Paraquat. Over the last few years, Paraquat has been replacing Roundup, another heavily toxic herbicide.

The largest Paraquat manufacturers include Helm Agro, Drexel Chemical Company, Syngenta, Chevron Chemical Company. In the United States, Paraquat brands include Firestone, Helmquat, Gramoxone, Bonfire Herbicide and Cyclone.

Parkinson’s and Paraquat

Parkinson’s disease is a central nervous system disorder that affects movement. It can cause a loss of balance, tremors and stiffness. Parkinson’s has no cure, but some medications can control it. 

Paraquat lawsuits claim the herbicide causes people to develop Parkinson’s disease and that the chemical makers knew about the risks associated with it but did not warn the public. Numerous studies have shown that exposure to Paraquat is linked to Parkinson’s disease. 

A 2011 study by the National Institutes of Health found that people exposed to Paraquat are 2.5 times more likely to develop Parkinson’s disease. The Michael J. Fox Foundation for Parkinson’s Research expressed concern about this link between Paraquat and Parkinson’s disease. One study examining the link between Paraquat and Parkinson’s disease found “a 200 percent increased risk in farmers who applied or mixed Paraquat.” 

Possible Paraquat Lawsuits

Chemical herbicide manufacturers are obligated to bring products to market that do not pose an unreasonable danger and are defect-free. When a product has risks known to its manufacturer, warning labels must be provided, or products must be recalled. When companies fail to protect consumers and take preventative actions, they need to be held fully accountable.

Paraquat lawsuits started in 2017. In those lawsuits, the named defendants included Syngenta, Chevron Chemical Company and Growmark, Inc. To date, there have been no settlement or jury verdicts. Should the number of litigants grow, the cases may be consolidated in multidistrict litigation.

Compensation for Harm Done by Paraquat

If you have developed Parkinson’s disease after long-term Paraquat use or exposure, you may be eligible for compensation. Consider contacting an experienced attorney if you used Paraquat, worked for an employer who used Paraquat or were exposed to it. You may be eligible to receive compensation that could include:

• Past, present and future medical expenses
• Lost wages
• Payment for physical pain and suffering
• Payment for emotional distress and lost quality of life
• Funeral expenses for those who have died because of exposure

Join the Paraquat Parkinson’s Disease Lawsuit

If you or a loved one were diagnosed with Parkinson’s disease or believe you are experiencing the onset of Parkinson’s disease symptoms after exposure to Paraquat, you may qualify to join this Paraquat injury lawsuit.

If you or a loved one were injury by Paraquat or have developed Parkinson’s disease, reach out to one of our attorneys at MyPhillyLawyer. At MyPhillyLawyer, our main priority is providing high-quality legal representation. Our personal injury lawyers keep you informed and go the extra mile to get the compensation you need and deserve. We fight for clients, seeking the maximum compensation possible for your pain and loss. Call us today at 215.254.6391 or toll-free at 866.907.2231.

What’s your plan? Are you registered? Voting by mail? Not sure how to get started? We have the experts, and the answers on Court Radio. 

So, of course, with all those people working from home instead of their normal offices, accidents can and still do happen. If a worker is hurt in their normal workplace and misses work due to a wide range of injuries, they can submit a claim for workers’ compensation to recover about two-thirds of their gross weekly wages.

For employees who are working from home under COVID-19 restrictions, those same workers’ compensation benefits are available if they are injured in their homes while performing their work duties.

That can include falls due to tripping on a step, an outstretched electrical cord or anything else that can cause a debilitating or serious injury in a home through no fault of their own.

Perhaps an employee is working from home and must walk to another room to get a page of text from a printer. Maybe that printer is on a different floor of the house. As the employee goes to the machine to retrieve the printed page, they trip over a child’s toy on the floor or they miss a step and fall, suffering a serious injury and now can’t sit in a chair to perform their job due to severe pain.

Because the worker is doing their job from home, they can’t sure anyone because they are injured at home. But like in their office, if they are injured at home while doing their work they can file a workers’ comp claim to help them financially during their recovery from their injuries.

In the office, these kinds of injuries happen all the time. And in the home, they can happen as well and are still covered by the same workers’ comp that protects employees in their workplaces. That’s why workers’ comp is there.

At the end of April, six weeks after the COVID-19 shutdown began in Pennsylvania, a client was working in his son’s home and fell down the stairs as he went to another floor to get a document off a printer. In the fall, he was seriously injured with a concussion, a brain bleed, and ACL tear and other injuries. He was taken by ambulance to a hospital and underwent surgeries and other treatments for his injuries. The man had been told by his employer to work from home when the fall occurred.

After being away from work for two weeks following his injuries, the man made a workers’ compensation claim and is on the long road to recover after his fall.

Incidents where workers are hurt on the job is the reason that workers’ compensation programs exist. We’re not talking about paper cuts or very minor injuries. We are talking about serious injuries that keep you from being able to perform your job wherever you are working.

Workers’ compensation is mandated by state law and every state has it. It is paid to injured workers by private insurance companies.

And therein lies the complication.

Because these benefits are paid for by insurance companies, claimants will often find that their legitimate injury claims are denied for a myriad of ridiculous reasons. Insurance companies make money by collecting insurance premiums. They lose money by paying those premium payments out as benefit payments. They are in it for the money, not for paying your legitimate claims.

And that’s why law firms like MyPhillyLawyer are here – to help injured workers file and fight for their injury claims even when the big insurance companies are trying to hold on to premium payments and deny your claims.

We can help you get the insurance money to cover your injury expenses and a significant portion of your normal salary.

If you are seriously injured while you are working from home, then you first need to notify your supervisor as soon as possible. That means you should contact them as soon as you receive treatment and are able to call them or have a relative call them. The law says you have 120 days to notify your employer of your injuries while working, but it really needs to be done quickly.

A workers’ comp claim can be filed by a worker after they have been unable to work at least two weeks following their injuries. Workers’ comp pays two-thirds of an employee’s gross average weekly wage before taxes, as well as all of their medical expenses, without any deductibles.

Any worker who is injured on the job should be able to get workers’ compensation by right after a serious injury, but frequently a lawyer is needed to make it happen due to the combative and uncaring nature of insurance companies.

In the recent case of our client, his claim is pending. The workers’ comp insurance company is saying they have no knowledge of what he was doing working from home, which is outrageous.

The only way for insurance companies to make money is to deny legitimate claims and then go to court to fight claimants at each step.

Many worker’s compensation claimants get an initial claim denial and walk away. But that’s not fair. If an insurance company denies your workers’ compensation claim, then it’s time for you to find a lawyer to help you.

It can’t hurt to file a claim. If you don’t assert your rights, then nobody is going to do it for you. And the longer you wait, the harder it is to make the claim.

Workers’ compensation is designed to provide damages to workers injured during the course of their employment. From paying medical bills to covering lost wages, the system exists to ensure that every employer provides sufficient insurance to cover injuries suffered on the job.

Since many on-the-job injuries are either serious in nature or chronic, and can affect your ability to continue in your chosen profession, it is vital that you receive the workers’ compensation benefits to which you are entitled.

Legal cases like these occur around the nation every day and are examples of similar kinds of workers’ compensation cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a workers’ compensation attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of workplace injury, slip and fall, wrongful death or car crash in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk with a Philadelphia workers’ compensation attorney at MyPhillyLawyer in a free consultation by calling 215-914-5471 or toll-free at 1-866-920-0352 anytime. Our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The victim, Megan Keefe, was 20 years old when she was with friends in the former Spirit’s Bar in Cleveland’s Warehouse District on St. Patrick’s Day in 2017 and suddenly vanished from the group, according to a July 14 story by Cleveland.com in partnership with The (Cleveland) Plain Dealer newspaper.

Keefe, who was a nursing student at the time of the incident, was dancing with a friend near a second-floor balcony railing “when the friend said she briefly turned her back to Keefe, and when she turned around Keefe was gone,” the story reported.

“Customers on the bar’s first floor said that they looked up after Keefe fell and saw a panel in the middle of the railings had swung open directly above where she struck the granite counter and then landed on the floor,” according to the story. A bartender then dragged the woman’s limp body outside to the street, while other bar employees wiped her blood from the floor and reattached the swinging railing panel on the second floor, the story reported.

“None of the bar’s employees or owners told police investigating Keefe’s fall about the panel swinging open, a sergeant said in a sworn deposition,” the report continued. “A Cleveland Fire Department battalion chief who responded that afternoon to inspect the area where Keefe fell said an employee came up to him and told him about the panel, and that several panels on the railing had a history of swinging open.”

The actions by the bar employees who cleaned up the victim’s blood and placed the swinging panel back into place before police arrived amounted to a cover-up of the tragedy, according to the victim’s lawyers.

Keefe’s fall from the second floor caused massive head injuries from striking the granite counter as she tumbled, the story said. In addition to a traumatic brain injury, she was in a coma for an extended period and had bleeding on her brain. Her injuries required intubation and time on a ventilator, according to court documents. She was later diagnosed with a seizure disorder caused by the fall. She also had a stroke, is anemic and requires regular blood transfusions, the story reported. After the incident she was placed in a nursing home for care and now lives in her family’s house again after it was modified so they could provide the 24-hour care she requires since the fall.

In a lawsuit filed in June 2017, Keefe’s family sued the bar, the building’s owner, WD Downtown, and the property manager, Dalad Realty. The bar has since closed.

An investigation of the incident by attorneys for the Keefe family found that the bar never had or applied for an occupancy permit, the story reported. A restaurant that was previously in the location had an occupancy permit which “expressly said that the bar was to not allow anyone upstairs due to the unsafe railing,” the report continued.

Dalad Realty paid $20 million of the settlement, while the former bar and the property manager each paid $1 million to the family.

Legal cases like this one occur around the nation every day and are examples of similar kinds of slip and fall accident cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a slip and fall attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of slip and fall, workplace injury, wrongful death or car crash in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia slip and fall attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

Judith Garris, who was 55 years old at the time of the June 17, 2017 crash, turned her vehicle onto an on-ramp to I-80 near Beckwith Avenue and Lewis Street in Paterson when the car struck a damaged, protruding guardrail, according to a recent story by Law.com.

The guardrail was damaged in a previous accident but was not immediately repaired. It protruded into the roadway and sliced into Garris’ car as she attempted to enter the highway ramp, the story reported.

Garris’ lawsuit alleged that “a nearby resident had repeatedly notified government authorities of the dangerous guardrail, but the issue was not addressed,” the story continued. Her lawsuit originally included the New Jersey Department of Transportation, Passaic County and the city of Paterson, but later dropped the state DOT and county when it was determined that the area where the guardrail was protruding was the responsibility of the city.

Garris suffered spinal, shoulder and knee injuries in the crash and underwent two-level fusion procedures at the cervical and lumbar level, according to the story. She continues to have mobility issues due to her severe injuries and will likely require further surgery.

The settlement includes a $545,000 payment from the City of Paterson and $3,005,000 from its excess insurance carrier, Lloyd’s of London.

About $1.2 million of the settlement will cover medical bills Garris has incurred so far, according to a story by NorthJersey.com.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car crash lawyer, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The victim, Jennifer Brashears, was aboard a boat as it was being lifted out of the Hudson River on a hoist at Edgewater Marina in Edgewater, N.J., on July 22, 2014, and she fell as she tried to climb down a ladder from the boat, according to a story by NJ.com. Brashears “fell after placing one of her feet on the top step of the ladder,” and then she “somersaulted down and hit her head on the pavement,” the story reported.

After the 10-foot fall, Brashears, 48, was taken to Hackensack University Medical Center, where she underwent emergency surgery to remove a portion of her skull and damaged brain tissue, according to the report. She later underwent five additional surgeries to treat bleeding on her brain.

Brashears fell from off the 54-foot-long recreational boat as it was being removed from the river for repairs using a Marine Travelift hoist, the report states. The boat was owned by Dean Borghi, who climbed down the boat ladder to safety just before Brashears fell to the pavement.

The negligence lawsuit filed on behalf of Brashears stated that “safety warnings on the crane and marina policies state no one should be on board while the boat is being hoisted,” the story reported. Borghi had just maneuvered the boat from its slip to a service area where it was to be lifted from the water and repaired.

Since her injury six years ago, Brashears has not been able to go back to work, according to her attorneys. A special needs trust was created by the victim’s mother to provide care for Brashear, whose cognitive and physical abilities are permanently limited, according to the story.

The Travelift used to remove the boat from the Hudson River is owned by the Edgewater Marina and Edgewater Borough, where the incident occurred. The borough paid $3 million of the settlement, while Borghi paid the remaining $700,000, the story reported.

Legal cases like this one occur around the nation every day and are examples of similar kinds of personal injury cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a personal injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of injury, slip and fall, pedestrian injury, workplace injury, car crash or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia personal injury attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The driver, Peter Feld, had stopped on Siloam Road in Freehold, N.J., on Jan. 28, 2017, when he came upon the deer in the road, according to a June 19 story by The New Jersey Law Journal and Law.com. As Feld waited for the deer to move, an ambulance owned by Quality Medical Transport and being driven by employee Lawrence Sears struck the rear of Feld’s stopped car, causing serious back injuries, the story reported.

Feld, now 53, suffered several herniated discs in the crash and has complained of daily pain and discomfort since the incident, the report stated. He has undergone many treatments for his injuries, including a three-level cervical fusion, according to his attorney. His doctor told the court that Feld may still require additional surgeries due to his injuries.

The case went to mediation before retired New Jersey Judge Dennis O’Brien in proceedings that were held virtually due to the COVID-19 pandemic.  

The defendant Quality Medical Transport agreed to pay $650,000 to settle the plaintiff’s claims after one day of mediation discussions.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

So what does the settlement fund mean for existing Roundup cancer plaintiffs and for victims who have not yet filed their cases?

To help clients learn what they need to know, we here at MyPhillyLawyer are providing this guide to what they need to do as soon as possible if they think they are victims of cancers caused by Roundup.

The $10.9 billion fund was established by chemical and pharmaceutical giant Bayer, which has owned Roundup since acquiring Monsanto, the original makers of the product line, in June of 2018. The fund is being created to attempt to resolve major outstanding litigation surrounding Roundup over many years.   

In its June 24 announcement, Bayer said it hopes to bring closure to about 75% of the current Roundup litigation cases, which involve some 125,000 filed and unfiled overall claims. The fund “also puts in place a mechanism to resolve potential future claims efficiently,” the company said.

Up to $9.6 billion will be paid by Bayer to resolve current Roundup litigation, including an allowance the company expects will cover unresolved claims, and another $1.25 billion to support a separate class agreement to address potential future litigation.

The agreements contain no admission of liability or wrongdoing on behalf of Bayer.

So what does all of this legal jockeying mean for victims who have suffered cancers due to their past uses of Roundup?

What it means is this – if you or someone in your family has been diagnosed with cancer that is related to your direct exposure to and long-term use of Roundup weed killer, then you need to step forward now and talk to an attorney to move ahead with a case.

The money in the settlement fund is a finite amount, and once it is gone, it is gone. If you want to file a case, it’s literally now or never.

If you or a family member is a potential victim of this company’s negligence, you must come forward now to be included in the settlement proposal. You must right away allow the lawyers who will represent the injured parties to make you a part of the distribution of those settlement funds.

Werner Baumann, the CEO of Bayer, said in a statement that the settlement resolves most current claims and puts in place a mechanism to manage risks of potential future litigation.

By resolving the Roundup litigation, Bayer can now “return the conversation about the safety and utility of glyphosate-based herbicides to the scientific and regulatory arena and to the full body of science,” said Baumann.

Kenneth R. Feinberg, the court-appointed mediator for the Bayer settlement talks, said the Roundup agreements “are designed as a constructive and reasonable resolution to a unique litigation.”

He called the separate, independent settlements of the current claims “unique.”

Under the terms of the settlements, participating plaintiffs will be required to dismiss their cases or agree not to file. The range of $8.8 billion to $9.6 billion covers both the agreements already signed and those that are still under negotiation, according to Bayer.

Three cases that have already gone to trial – Johnson, Hardeman and Pilliod – will continue through the appeals process and are not covered by the settlement, according to Bayer.

“Potential future cases will be governed by a class agreement which is subject to court approval,” the company stated. “The agreement includes the establishment of a class of potential future plaintiffs and the creation of an independent Class Science Panel. The Class Science Panel will determine whether Roundup can cause non-Hodgkin’s lymphoma (NHL), and if so, at what minimum exposure levels.”

The Bayer settlement deal is among the largest settlements ever in U.S. civil litigation, according to a June 24 story by The New York Times. The proceedings led to separate agreements with 25 lead law firms whose clients will receive varying amounts from the fund. Bayer inherited the litigation when it bought for $63 billion in 2018. The company maintains that Roundup is safe and it has not added warning labels to the products, the story reported.

A host of dangerous products are involved in lawsuits from consumers in recent years, including Roundup, Zantac, talcum powder and pelvic mesh fabric. In each case, manufacturers have for years been attempting to ignore victims who are suffering from cancers and other serious medical complications due to dangerous products that have been killing and maiming people behind the scenes.

Enough is enough.

The common theme of these products continues to be that they are potentially dangerous and that their hazards have been hidden by their manufacturers from the public.

And that’s why we’re seeing multi-million dollar verdicts from juries that are hearing these cases.  

These companies should have laid their cards on the table and let victims make their own decisions about whether they would have stopped using the products once they learned of their inherent dangers.

If the companies would have told consumers, ‘OK, you’ve got a 1% chance of getting cancer if you continue to use this product,’ those consumers could have decided on their own what they wanted to do. They would have been allowed to make their own decisions. That’s what these companies took away from victims and that’s why these lawsuits are being filed.

And here’s the legal rub – MyPhillyLawyer and other law firms are finding out that these companies hid important information from people who need to make life and death decisions about their lives and futures.

We here at MyPhillyLawyer are here to help you or a member of your family if you have been diagnosed with cancers that could have been caused by using Roundup in the past.

It all starts with a phone call to MyPhillyLawyer, where we can ask you a series of questions about your illnesses and medical situation. We’ll ask you about when and how you were using Roundup. We’ll ask about your cancer diagnosis and when it occurred. We’ll ask if you were a smoker at the time or since. Together, we will go over your situation and see where you might stand in the Roundup litigation.

There is no charge for the phone consultation, and there are no up-front costs to people whose cases we take on in the Roundup legal fight. We will get paid only if you win your case. There is no monetary risk to you or to your family.

I invite you to contact us so we can review and evaluate your potential case in connection with your use of Roundup weed killer.

We believe these cases are worth pursuing for victims who have suffered due to the use of Roundup. There’s no reason not to call and we are here to answer your questions and concerns.

When you need a Roundup lawsuit attorney, we here at MyPhillyLawyer stand ready to assist you. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

Talk to a Philadelphia Roundup lawsuit attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

The FDA order includes all prescription and over-the-counter (OTC) forms of the drug, which is known by its generic name as ranitidine. In September of 2019, the FDA announced that low levels of an environmental contaminant known as N-Nitrosodimethylamine (NDMA) were found in ranitidine medications, which included Zantac.

“The agency has determined that the impurity in some ranitidine products increases over time and when stored at higher than room temperatures and may result in consumer exposure to unacceptable levels of this impurity,” the FDA reported. 

Here’s why the FDA pulled Zantac from store shelves – that NDMA is a probable human carcinogen and can cause cancer. Normally, NDMA is found in a wide range of foods and water that are ingested by humans, but those are typically found at low levels which don’t cause harm or lead to expected increases of cancers, says the FDA.

But sustained higher levels of exposure may increase the risk of cancer in humans, and that’s where the FDA testing found problems with ranitidine. Elevated levels of NDMA have been found in ranitidine, especially when those samples are stored at higher temperatures, including temperatures the product may be exposed to during distribution and handling by consumers, according to the FDA. “The testing also showed that the older a ranitidine product is, or the longer the length of time since it was manufactured, the greater the level of NDMA. These conditions may raise the level of NDMA in the ranitidine product above the acceptable daily intake limit.”

With these findings, the FDA also began advising consumers to stop taking OTC ranitidine and to talk with their doctors immediately if they were taking prescription medication to evaluate their treatment options with other medications. “To date, the FDA’s testing has not found NDMA in famotidine (Pepcid), cimetidine (Tagamet), esomeprazole (Nexium), lansoprazole (Prevacid) or omeprazole (Prilosec),” according to the agency.

This situation infuriates me because all too often drug companies have hidden negative consequences from their drugs for monetary gain instead of being honest and open with consumers when problems or concerns crop up.

A host of dangerous products are involved in lawsuits from consumers in recent years, including Zantac, Roundup, talcum powder and pelvic mesh fabric. In each case, manufacturers have for years been attempting to ignore victims who are suffering from cancers and other serious medical complications due to dangerous products that have been killing and maiming people behind the scenes.

Enough is enough.

The common theme of these products continues to be that they are potentially dangerous and that those dangers have been hidden by their manufacturers from the public.

And that’s why we’re seeing multi-million dollar verdicts from juries that are hearing these cases.  

These companies should have laid their cards on the table and let victims make their own decisions about whether they would have stopped using the products once they learned of their inherent dangers.

If the companies would have told consumers, ‘OK, you’ve got a 1% chance of getting cancer if you continue to use this product,’ those consumers could have decided on their own what they wanted to do. They would have been allowed to make their own decisions. That’s what these companies took away from victims and that’s why these lawsuits are being filed.

And here’s the legal rub – MyPhillyLawyer and other law firms are finding out that these companies hid important information from people who need to make life and death decisions about their lives and futures.

We here at MyPhillyLawyer are here to help you or a member of your family if you have been diagnosed with cancers that could have been caused by taking Zantac in the past.

It all starts with a phone call to MyPhillyLawyer, where we can ask you a series of questions about your illnesses and medical situation. We’ll ask you if you were taking Zantac or a generic form of the drug, as well as when you took it. We’ll ask about your cancer diagnosis and when it occurred. We’ll ask if you were a smoker at the time or since. Together, we will go over your situation and see where you might stand in the Zantac litigation.

There is no charge for the phone consultation, and there are no up-front costs to people whose cases we take on in the Zantac legal fight. We will get paid only if you win your case. There is no monetary risk to you or to your family.

I invite you to contact us so we can review and evaluate your potential case in connection with your use of Zantac.

We believe these cases are worth pursuing for victims who have suffered due to Zantac and its generic equivalents. There’s no reason not to call and we are here to answer your questions and concerns.

When you need a Zantac lawsuit attorney, we here at MyPhillyLawyer stand ready to assist you. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

Talk to a Philadelphia Zantac lawsuit attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Many Philadelphia businesses purchased business interruption insurance to protect them from this very situation. When applicable, business interruption insurance provides coverage that replaces a business’ lost income in the event of a disaster. All types of disasters can be considered a qualifying event, including wind damage, hail damage and fire damage. In these instances, A business owner can file a claim with their insurance carrier, seeking to recover the income that they would have earned had the business remained open. Business interruption insurance can also cover certain business expenses such as employee wages, taxes, installment loan payments, as well as the cost of temporarily relocating a business. Typically, business interruption insurance is not sold as a separate policy, but is included in a comprehensive business insurance policy or as a rider on an existing policy.

The unfortunate reality for many Philly-based businesses is that insurance companies have almost uniformly denied this coverage as it pertains to any COVID-19-related losses. Insurance companies base their denials on the fact that, despite the seriousness of the COVID-19 pandemic, the virus (as well as the government’s response to it) do not cause any physical damage to the property. According to the policy language contained in most business insurance policies, business interruption insurance kicks in when there is some type of physical damage to the business structures that prevent the business from operating. Thus, insurance companies are taking the position that, because the novel coronavirus does not cause “physical damage” to business property, the business interruption coverage is not implicated.

That said, Pennsylvania lawmakers have recently acted to help Pennsylvania businesses obtain the benefits they thought they already had by proposing legislation that would define certain key terms in business insurance policies.

Pennsylvania House Bill 2372 was the first Pennsylvania bill that would require insurance companies provide coverage to business owners who employ fewer than 100 employees. Specifically, Pennsylvania HB 2372 states:

Notwithstanding any other law, rule or regulation, an insurance policy that insures against loss or damage to property, which includes the loss of use and occupancy and business interruption, in force in this Commonwealth on March 6, 2020, which is the date of the Proclamation of Disaster Emergency concerning the coronavirus pandemic, shall be construed to include among the covered perils under the insurance policy coverage for business interruption due to global virus transmission or pandemic.

Pennsylvania Senate Bill 1114 was proposed shortly after House Bill 2372, and provides similar relief for business owners; however, it goes a further than the House Bill. The text of the bill provides:

Notwithstanding any other law, rule or regulation, a policy of insurance insuring against a loss related to property damage, including the loss of use and occupancy and business interruption, shall be construed to include among the covered perils coverage for loss or property damage due to COVID-19 and coverage for loss due to a civil authority order related to the declared disaster emergency and exigencies caused by the COVID-19 disease pandemic.

Not long after SB 1114 was proposed, Senator Iovino proposed Senate Bill 1127. SB 1127 creates several rules of construction when it comes to Pennsylvania business interruption insurance policies. For example, the following are terms that would be defined by the bill:

• Property damage (within a structure): The bill provides that “if a person positively identified as having been infected with COVID-19 has been present” in a building, “that area of business activity shall be deemed to have experienced property damage.”
• Property damage (within a municipality): The bill also explains that “Buildings, offices, retail spaces, structures, plants, facilities, commercial establishments and other areas of business activity … are deemed to have sustained property damage” if they are located in a city where there has been at least one person diagnosed with COVID-19 or the existence of COVID-19 has been documented.

These bills would define the “rules of the game” as it pertains to Philadelphia business interruption insurance. Of course, insurance companies are opposed to any legislation that would require the company pay out on claims they believe are not covered under their policy. While the future of this legislation is uncertain, it could provide business owners a major relief in the post-COVID-19 world.

That said, the very fact that state lawmakers feel legislation is necessary to address these claims may indicate lawmakers’ belief that the insurance companies’ interpretation of the policies as they are currently written is correct. This could be a bad sign for business owners, should the legislation fail to become law. Regardless, Philadelphia business owners who have a business interruption claim denied should reach out to a dedicated Philadelphia insurance dispute attorney to discuss their case and review their policy. Every insurance policy contains different language, and there may be a stronger argument for coverage under some policies.

Consult with a Knowledgeable Business Insurance Attorney Today

Insurance companies can be notoriously difficult to work with. While Philadelphia business owners may have done everything they thought possible to protect their business from the effect of something such as the COVID-19 pandemic, insurance companies may still deny a claim. The Philly insurance dispute attorneys at MyPhillyLawyer have extensive experience enforcing business owners’ rights under their insurance policies. MyPhillyLawyer attorneys have decades of collective experience holding insurance companies to their obligations, and standing up for the rights of businesses as well as individuals who have been injured in all types of personal injury accidents. Business owners interested in learning more can contact MyPhillyLawyer at 215-254-6391 locally, or toll-free at 866-907-2231. The attorneys at MyPhillylawyer can also be reached through the firm’s online form.

The victim, Amber Nicole Castle of Norwich, was hurt as she drove her Toyota Corolla on Interstate 395 on Jan. 12, 2019, about 7:30 p.m., according to a May 19 story in The (New London) Day newspaper. Another motorist, John Adams, 85, was driving in the opposite direction on the highway in a Buick Lucerne when Adams’ vehicle jumped the median and smashed into Castle’s car, the story reported. Adams and his wife, Joan, 79, who was riding in the Buick with him, were both killed in the crash. The occupants of a third car involved in the crash were not hurt.

Castle was taken from the scene to the Backus Hospital in Norwich and later transferred by medical helicopter to Hartford Hospital, where she underwent emergency surgery for her injuries, the story reported. She suffered fractures to her right leg, facial bones and right arm which required the insertion of rods, pins and orthopedic hardware.

At the time of the crash, Castle was employed as a waitress in a local casino and part-time as a massage therapist, the story reported.

A police report said that John Adams was driving southbound when his car veered into the right shoulder of the highway, then back across both travel lanes and into the median, the story states. The Buick then struck a metal beam guard rail and crossed over into northbound traffic, crashing into Castle’s car. The crash occurred near the Troop E state police barracks.

Once in the northbound lanes, the Buick then rolled to its side, where it was then struck by a Toyota Sienna. Police said it was not clear why Adams’ car crossed the highway’s median and smashed into Castle’s vehicle.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

Business interruption insurance is a type of business insurance coverage that replaces a business’ lost income in the event of a sudden and unexpected disaster. The classic example of a business interruption claim is when there is a fire that requires a business temporarily shut their doors. In such cases, a business owner could file a claim with their insurance company, seeking to recover the income that they would have earned had the business remained open. Business interruption insurance can also cover certain business expenses such as employee wages, taxes, installment loan payments, as well as the cost of temporarily relocating a business.

Typically, business interruption insurance is not sold as a separate policy, but is included in a comprehensive business insurance policy or as a rider on an existing policy. That said, many Philadelphia business carry business interruption insurance, even if they do not realize that to be the case.

However, as is too often the case when dealing with an insurance company, many business owners are not getting what they thought they paid for. Business interruption insurance claims, like all insurance claims, are governed by the specific policy language in the insurance contract. Thus, when a business owner files a business interruption claim, the insurance company will refer to the policy to determine if the claim should be approved. Of course, insurance companies operate to generate a profit and, to do so, they must take in more in insurance premiums than they pay out in claims. Not surprisingly, insurance companies routinely look for ways to deny claims. This is especially the case in situations like the COVID-19 pandemic, where there may be a significant number of claims.

In the case of COVID-19 related claims, insurance companies are looking to language in the insurance policy stating that a covered claim is one in which a business must shut its doors due to some loss of property or damage to property. To most insurance companies, the spread of the COVID-19 virus, as well as the government’s response in shutting down large portions of the economy, does not constitute loss of property or damage to property. Thus, almost universally, insurance companies in the Commonwealth and across the country have been denying these claims. This leaves many Philly business owners wondering what they have been paying for and whether there is anything they can do to obtain the benefits they thought they already had.

One argument that many Philly-area businesses are making is that their losses are not related to the virus itself, but instead due to the government’s response to the virus. This distinction, businesses claim, should trigger a policy based on the policy language that covers unforeseeable losses caused by the action of a civil authority. Of course, insurance companies are prepared for this argument, and respond that, while the losses may have been triggered by government action, the government action was due to the virus, rather than some other physical threat to property.

Pennsylvania lawmakers have been hearing pleas from business owners since the beginning of the pandemic, and have proposed several pieces of legislation that would require insurance companies to prove coverage to businesses affected by COVID-19. To do this, the proposed bills would define key terms in Pennsylvania business insurance policies. For example, Senate Bill 1127 provides that “if a person positively identified as having been infected with COVID-19 has been present” in a building, “that area of business activity shall be deemed to have experienced property damage.” This would negate an insurance company’s ability to deny a claim based on the lack of actual property damage.

Of course, insurance companies are opposed to any legislation that would require they pay out on claims they would rather deny. Not surprisingly, a representative of the American Property Casualty Insurance Association said in a statement last month that any legal action or legislation requiring insurance companies to retroactively cover viruses “would immediately subject insurers to claim payment liability that threatens [their] solvency.” Others question the validity of this claim, and note that, absent such coverage, some small businesses across the state will undoubtedly be forced to close down permanently.

Currently, the situation facing Philly small businesses is uncertain when it comes to business interruption insurance claims. However, many businesses – large and small – across the state have filed claims against insurance companies that have denied their claims. Some have pushed for courts to consolidate and expedite these cases, urging that they are of critical importance. Regardless, businesses will likely be in for a fight when it comes to getting the benefits they thought they have been paying for, and may need to go up against the insurance company – and their lawyers – in court.

Consult with a Knowledgeable Business Insurance Attorney Today

Insurance companies can be notoriously difficult to work with. While Philadelphia business owners may have done everything they thought possible to protect their business from the effect of something such as the COVID-19 pandemic, insurance companies may still deny a claim. The Philly insurance dispute attorneys at MyPhillyLawyer have extensive experience enforcing business owners’ rights under their insurance policies. MyPhillyLawyer attorneys have decades of collective experience holding insurance companies to their obligations, and standing up for the rights of businesses as well as individuals who have been injured in all types of personal injury accidents. Business owners interested in learning more can contact MyPhillyLawyer at 215-254-6391 locally, or toll-free at 866-907-2231. The attorneys at MyPhillylawyer can also be reached through the firm’s online form.

The situation has also been difficult for retail and professional businesses that were forced to close unless they were deemed “essential,” which includes grocery stores, gas stations, hardware stores and vehicle repair operations. Millions of workers have been laid-off, furloughed or fired due to the closures.

For business owners, the aftermath has been incredibly difficult as they work to figure out how to survive until things eventually return to normal, and they can once again have customers and employees back in their stores.

For those business leaders, many have been thankful for their business insurance policies, which they thought would help them whenever an emergency struck.

Well, the emergency sure did strike as COVID-19 continues to unleash its massive damage to people and businesses, but business owners have been striking out when they’ve contacted their business insurance companies to try to file claims against their policies.   

And that’s just not fair.

Here at MyPhillyLawyer, we have a growing number of clients who have been contacting us to ask for help when their business interruption insurance claims are being brushed off by insurance agents. Worse, the agents aren’t even writing such claims and filling out the paperwork. They are just summarily telling policyholders that such claims are not covered under their policies, without even a review process.

One MyPhillyLawyer client owns a bridal shop that specializes in dresses for brides and for proms. She’s been down and out now for the last 3 months. This time of year is her season, her time to make lots of sales and bring in needed profits for her company.

But she hasn’t been open since the March shutdowns were ordered. Her bridal shop isn’t shut down due to the virus, though. It’s closed because the government said she is not allowed to open.

We reviewed her general liability and business insurance policy and its contract language. If you own a business, you have something similar, and that policy typically includes business interruption coverage.

That means if you have a fire, flood or other disaster that harms your business, shutting it down for months or more, that you can file a claim and recover damages for lost sales and profits, physical damage, on-going rent or mortgage payments and more while you get things back into order for a reopening.

But today, as COVID-19 keeps many businesses shuttered, the insurance companies are already trying to weasel their way out of helping policyholders by arguing that they don’t have to pay coronavirus business disruption claims because there has been no physical damage due to the closures.

What the insurance companies uniformly continue to argue, is that businesses must have some sort of event that would close their operations to be eligible for coverage.  

Except their policies don’t actually say that in those words. Instead, that’s how they are trying to interpret their policies to their advantage. It’s like a car crash claim that they don’t want to pay. They just come up with reasons to reject it.

In contracts, ambiguity is interpreted by the courts against the person who wrote it. That’s the way the law is written. Ambiguity is seen by the courts in favor of the insured plaintiffs, in the case of business interruption insurance. 

Unless an insurance company drafts a policy contract specifically expecting this coronavirus scenario, then the contract should be interpreted against them.

And while some insurance policies have specific exclusions for viruses, they don’t apply in these cases. Businesses have not shut down on their own due to the virus but were instead ordered to shut down by the government. Had the governments not shut them down, they could have kept their doors open to potential sales.

If the contract is written by an insurance company that only says viruses are not covered, then I’d say that’s ambiguous. These businesses were shut down because of governmental actions, not the coronavirus itself.

In these cases, we think we will be successful in battling for our clients.

For the insurance companies, this is a huge problem. For them, the COVID-19 crisis could be compared to everyone in the United States having car accidents at the same time, causing a huge tide of cases, payouts and chaos.

That’s likely why insurance companies are giving our clients and plaintiffs around the nation such a hard time over their business interruption claims today.

They know that if they have to pay out all of the business interruption claims that are starting to come into their offices that this will end up being the largest insurance claim event in the history of the country and will likely apply to almost every single business.

I suspect that the insurance companies will ask the government for assistance once they realize that they’re going to have to pay these claims, and that will eventually be heard by the courts through multidistrict litigation which will set national rules and standards for such cases. I wouldn’t be surprised if there is an eventual government bailout to help the insurance companies through this.

But even as some business are starting to reopen around our area and around the country, many more are continuing to stay closed due to concerns about having too many people packed together too tightly, which could continue to spread the virus. That includes restaurants, retail stores and more. Many of these businesses remain closed until Pennsylvania goes to green on the coronavirus warning scale set by the commonwealth.

That’s why business owners need to be moving right now to speak with their attorneys about filing business interruption claims against their insurance policies so they can work to get the money they need to sustain their businesses through this crisis.

MyPhillyLawyer is taking these cases on a contingency basis, which means there are no upfront costs or fees to our clients unless we make a recovery from their insurance companies.

Insurance companies are doing what they always do – attempting to get out of paying legitimate claims for their policyholders. Insurance companies are all about profits and not about making claims payments to the people who are paying their insurance premiums.

The insurance companies should be talking to their policyholders, taking their claims and going through the process, instead of just telling them such claims won’t be covered and refusing to even fill out the paperwork. 

They’ve instead told business owners that they shouldn’t even make such claims because they won’t pay them. That’s ridiculous, unfair, and spitting in the face of paying policyholders.

I’m telling our clients to keep filing their claims until they force their insurance companies to accept such claims, which will also create a chain of evidence to establish their claims histories.

MyPhillyLawyer is in this fight, and if you need our help, we are here. If you have filed or attempted to file a business interruption claim with your insurance company during the pandemic and are getting nowhere, the attorneys at MyPhillyLawyer have extensive experience enforcing business owners’ rights under their insurance policies. We have decades of collective experience holding insurance companies to their obligations, and standing up for the rights of businesses as well as individuals who have been injured in all types of personal injury accidents. To learn more, call 215-227-2727 locally or toll-free at 866-907-2231. You can also fill out our online form and an experienced attorney will reach out to you as soon as possible.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The victim, Joshua Reeves, was driving his car westbound in Interstate 8 just after 7 a.m. on Feb. 23, 2017, when a city dump truck crashed into the back of his vehicle, according to a May 13 story by The San Diego Union-Tribune.

The 2008 International Durastar dump truck “suddenly, violently and recklessly” crashed into Reeves’ car as it was being operated at an “unreasonable speed for the conditions,” according to the lawsuit filed by the plaintiff in 2018.

Reeves suffered back and head injuries in the crash, according to the story. The settlement covers past and future medical expenses, as well as damages for pain and suffering. The city worker driving the dump truck was operating it as part of his work responsibilities, the story continued.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The victim, Melissa Ann O’Donnell, 30, was hurt when her Nissan Sentra was struck by another car being driven by Ross Keblish in Fairfield, Connecticut, according to an April 20 story on Law.com.

O’Donnell suffered injuries to her left hip and left eye socket in the crash and her car, as well as the other car, were destroyed in the wreck. She had to be extricated from her car by emergency workers and underwent surgery to her dislocated left hip and to the base of her left eye socket due to her injuries.

At first, O’Donnell’s attorney learned from Keblish’s statement to police after the crash that he had difficulty seeing other vehicles due to fogged-up windows in his vehicle, the story reported.

That was interesting to the attorney, so he asked for and received a recorded statement from the defendant that was taken by his insurance company. Also provided was a written transcript of the statement.

In the statement and transcript, however, the attorney heard and read no mention of the fogged-up windows being given by the defendant to his insurance company.

That recording helped cement the $1.2 million settlement for O’Donnell, the story reported. The plaintiff’s lawsuit was filed in Bridgeport Superior Court against Keblish and his father, Paul Keblish, who owned the vehicle.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

Matilda Pruitt was driving in the county on Dec. 26, 2017, when she was rear-ended by a municipal work truck as she was making a left turn from Meridian Street onto 60^th Street, according to a May 13 story by The Wichita Eagle and Kansas.com. The Metropolitan Area Building and Construction Department truck struck her vehicle so hard that it pushed her head-on into another vehicle, the story reported. That collision caused her car to spin and strike a third vehicle after the initial rear-end crash.

The work truck was being driven by municipal employee, Jarrod Truman, when he “negligently, carelessly and recklessly” failed to stop behind Pruitt’s vehicle as she made her turn, according to the lawsuit Pruitt filed in the case. Pruitt sued Truman and the county for negligence in the lawsuit. She suffered head, neck, back and other injuries in the crash, the story reported.

“Truman told the investigating law enforcement officer that ‘he was looking down on the floor of his vehicle when he collided’” with Pruitt’s car, according to the story.

In approving the $310,000 settlement, the Sedgwick County Commission stated it “respects the legal process and had admitted liability in this case as our driver rear-ended Ms. Pruitt as she was waiting to make a left turn.,” the story reported.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a car accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The victim, Jacquelyn Mendoza, 26, slipped on a loose floor tile, which caused her to fall and fracture her ankle in the hallway of her Newark, N.J., apartment building on Dec. 10, 2015, according to a March 27 story on Law.com.

Mendoza, who was working as a bank teller when she was injured, sued the owner of the property, Mt. Prospect Holdings Inc. and its related entities, 445-449 Mt. Prospect Holding Inc., FD Realty Group and FDG Management, in a lawsuit filed in Essex County. She alleged that the defendants were negligent for allowing a dangerous condition to exist in her apartment building’s hallway.

“Mendoza claimed that she exited her apartment and began walking in the hallway, when her foot slipped on a loose tile, causing her to fall,” the story reported. “She claimed Mt. Prospect failed to properly secure the tile flooring to the subfloor and failed to perform periodic inspections of the floor.”

The victim suffered a comminuted fracture of her right tibia and a right bimalleolar fracture, which required open reduction surgery and internal fixation that included the implantation of plates and screws. An abscess and infection occurred at the surgical site during her physical therapy, which required antibiotic treatment.

She had to undergo a second surgery to remove some of the hardware that had been installed to repair her ankle break. She later suffered post-traumatic arthritis in her right ankle as a result of the injury. In her lawsuit, she alleged that the injury “claimed that her loss of range of motion in her right ankle resulted in a club foot, which disrupted her gait and left her unable to walk long distances or climb stairs,” the story reported. She also claimed in her lawsuit that she can no longer exercise or perform other activities and that has difficulty caring for her five children due to the injury.

On Jan. 20, AmTrust Financial Services Inc., Mt. Prospect’s insurer, agreed to settle Mendoza’s case for $640,000. The landlord had a policy with $1 million of coverage.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a personal injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of injury, slip and fall, pedestrian injury, workplace injury, car crash or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia personal injury attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.

The boy, whose identity is being withheld because he is a minor, was in the back seat of a pickup truck that was also occupied by his uncle and aunt when the crash occurred on Route 896 in Glasgow, Delaware, on Aug. 19, 2016, according to a March 27 story by Law.com. As the pickup waited after stopping for a red light, it was rear-ended by a tractor-trailer, causing the pickup to burst into flames with its passengers inside, the story reported.

The child, who is now 9 years old and is identified in the lawsuit as N.P., N.P. suffered second- and third-degree burns over 26% of his body, including his back, buttocks and legs which required skin graft surgeries. The boy, who lives with his parents in Neptune, N.J., also suffers from post-traumatic stress disorder due to the crash.

The tractor-trailer, which was being driven by Charles Bolton, who worked for Tristate Trucking of Baltimore, failed to stop behind traffic waiting at the red light before smashing into the pickup, according to the story. The crash was recorded on a traffic camera located at the intersection, which provided evidence in the case.

The family’s lawsuit was filed in Middlesex County, N.J., against Bolton, Tristate and Tristate’s principal owner, James Lighty, the story reported. The suit also names office supply vendor W.B. Mason of Brockton, Massachusetts, whose merchandise was being goods were shipped in the truck at the time of the crash, and A. Duie Pyle Inc. of West Chester, Pennsylvania, which had arranged the delivery.

The jury reached its $5 million verdict jointly against Bolton, Tristate and Lighty following a three-day trial before Middlesex County Superior Court Judge Lisa Vignuolo. Unfortunately for the plaintiffs, because the Tristate trucking company has only $740,000 in insurance coverage, it is uncertain if the full amount of the verdict can ever be recovered, the story reported. A separate insurance coverage action involving the trailer portion of Tristate’s truck is still pending, one of the attorneys in the case said.

The family had already reached separate, earlier settlements with W.B. Mason for $450,000 and with A. Duie Pyle for $1.25 million, bringing the total recovery in the case to about $6.7 million, the story reported.

Legal cases like this one occur around the nation every day and are examples of similar kinds of car crash cases that MyPhillyLawyer attorneys regularly work on tirelessly for our own clients. Often, we are not able to discuss the cases we are actively working on due to confidentiality requirements, so we discuss other relevant cases in the news such as this one to illustrate the legal situations people find themselves in every day.

When you need a truck accident injury attorney, we here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in any kind of truck or car crash, slip and fall, pedestrian injury, workplace injury or wrongful death in Philadelphia or anywhere in the United States. We pledge to make sure that you and your family get the compassionate, dogged and experienced legal representation that you deserve and expect from a professional legal team which works hard to uncover every fact to bolster your case and maximize your damage award.

We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Talk to a Philadelphia car crash attorney at MyPhillyLawyer by calling 215-914-5471 or toll-free at 1-866-907-2231 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

Listen to Court Radio every Sunday at 7 a.m. with me, attorney Dean Weitzman of MyPhillyLawyer, on Philadelphia’s Old School 100.3 WRNB, Boom 103.9 or on Classix 107.9 WPPZ FM. Listen to Court Radio online or on the radio every week for the latest on legal topics and to get answers to your legal questions. In addition to addressing the topical issues of the day, we’ll answer caller questions on a wide range of legal issues.