Philadelphia Personal Injury Lawyer Blog

Philadelphia Accident Lawyer, Michael Mednick, and his client have reached a settlement with Allstate Insurance Company in a Chester County motor vehicle accident case shortly before trial for $665,000. The client was a UPS delivery worker. He was driving in stop and go traffic when he was struck in the rear by another vehicle. He subsequently developed neck pain and knee pain. The pain persisted and the client underwent a fusion surgery in his neck and a meniscus repair surgery in his knee. Thankfully the surgeries went well.

We were about to start trial when the case settled. We had already taken the video deposition of Dr. DerKrikorian, plaintiff's neurosurgeon. The defendant had taken their physician's video deposition. These depositions were going to be shown to the jury had the case not settled. Following the deposition of Dr. DerKrikorian, a substantial offer was made. We were then able to negotiate a favorable settlement for the client.

The client and his family expressed extreme gratitude towards the Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo. The client, his wife and son have moved to Iowa where the client now works as a corrections officer.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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The higher the gas prices go, the less chance you have of being killed in a car accident, says a recent study by Harvard Medical School.

Professors Michael Morrisey of the University of Alabama at Birmingham and David Grabowski of Harvard Medical School have found that for every 10 percent increase in gas prices there was a 2.3 percent decline in auto deaths. Their study examined automobile fatalities from 1985 to 2006, when gas prices reached about $2.50 a gallon (what a bargain!). With gas now averaging more than $4 a gallon, Morrisey said he expects to see much greater drop — about 1,000 deaths a month, or 12,000 deaths per year.

So, what is the reason for the decreased in deaths. It could be (1) less people driving (2) smaller, lighter cars, (3) slower driving (hypermiling is in vogue now!) (4) safer cars or, most likely a combination of all of these factors.

As a Philadelphia Personal Injury Lawyer, I represent many individuals seriously injured in automobile accidents. While I am in favor of increased automobile safety, I am not pleased by these gas prices!

Related Web Resources:

phillyBurbs.com: Study: As gas prices go up, auto deaths decline

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Legal News

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Yesterday, in center city Philadelphia, three SEPTA Trolleys crashed underground injuring at least ten people. The passengers injured on the SEPTA trolley were taken to Thomas Jefferson University Hospital and the Hospital of the University of Pennsylvania for treatment.

The SEPTA trolley accident occurred when the Route 13 Trolley and the Route 36 Green Line trolley were sitting idle after unloading passengers when a third SEPTA trolley crashed into the two stopped trolleys. It is unclear why or how this could have occurred.

SEPTA spokesman, Francis Kelly, attempted to downplay the incident, telling reporters "Let's say a minor banging incident of the trolley in front." Despite this attempt to minimize the trolley accident, Kelly admitted that he could not confirm the speed of the incoming trolley. We know the trolley accident was hard enough to send multiple people to the hospital, including all three SEPTA trolley operators.

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo regularly represents individuals injured in SEPTA bus and SEPTA trolley accidents. Contact us for a free consultation where we can explain to you how we can help you obtain a recovery for your pain and suffering.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Legal News , SEPTA Accidents

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As a Philadelphia Accident and Personal Injury Lawyer, I am frequently faced with questions from clients who were recently injured in a automobile accident. One of the most frequent questions I receive is: "Will My Insurance Premiums Go Up If I Make a Claim?"

The answer is No, not necessarily. If you make a claim under your automobile insurance policy your insurance premium cannot be increased unless you are determined to be at fault in contributing to the accident giving rise to the claim.

Let's say, for instance, you are a passenger in my car and we get struck by another car. Pennsylvania Law says that your own personal automobile insurance policy (assuming you have such a policy) must pay your medical bills. It is not my automobile policy (even though you were in my car) nor is it the other person's automobile policy (even though they may have been at fault), it is your own that pays your medical bills (see my previous blog "Pa. Car Accident, Who Pays My Medical Bills"). In this scenario, which happens quite frequently, your insurance premiums cannot be increased by your insurance company.

The same holds true for other types of coverages under your policy. For instance, Uninsured Motorist Coverage, Underinsured Motorist Coverage, Collision Coverage, Wage Loss Coverage, Medical Coverage, etc. If you make a claim under any of these coverages, your insurance company cannot raise your insurance rates simply because you made the claim. They may only raise your rates if it is determined that the insured was at fault in contribution to the accident.

The actual Pennsylvania Statute (75 Pa.C.S.A. Section 1793 (a)(1)) reads:

"An insurer shall not increase the premium rate of an owner of a policy of insurance subject to this chapter solely because one or more of the insureds under the policy made a claim under the policy and was paid thereon unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim."

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo, represents individuals injured in car accidents, truck accidents, SEPTA bus and SEPTA trolley accidents, pedestrian accidents, etc. Contact us for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance , Insurance Claims , SEPTA Accidents

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Pennsylvania truck drivers are part of the twelve states that compiled more than one-half of the 7.3 million federal medical rule violations, according to a study by the Associated Press, in their recent article, Medically Unfit Truck Drivers Still on Roads.The article revealed that hundreds of thousands of tractor trailer and bus drivers carry commercial driver's licenses despite qualifying for full federal disability payments. Some of those disabilities include seizures, heart attacks, unconscious spells as well as a prosthetic leg. The article explained that the organization responsible for monitoring and "cracking down" on the violators, the Federal Motor Carrier Safety Administation, has yet to complete any of 8 recommendations by U.S Safety Regulators, given in 2001.

This article made me think back to driving with my grandmother as a passenger, who always closed her eyes and said a prayer when we passed a truck. We use to laugh at her and tell her she was silly to be so scared. Maybe she knew more than we thought. Our Philadelphia Personal Injury Lawfirm has handled numerous trucking and bus accidents, and would be happy to consult with you regarding yours.

Related Web Resources:

Philly.com: Deadly Tolls: Sick truckers causing fatal wrecks

Posted by Jill Mezyk | Permalink | Email This Post

Posted In: Truck Accidents

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As a Pennsylvania Automobile Accident Lawyer, I represent individuals who are injured in an automobile accident at the hands of DUI drivers. But, this story is beyond comprehension.

On the 4th of July, a Montgomery County man, Jeff Burke, thought he was doing the responsible thing. He knew he was going to have some beers at a party so he rode his bicycle. On his way back home, he was involved in a bicycle accident when a car crashed into the rear of his bicycle. Burke was taken to the hospital where he was diagnosed with a fractured tailbone. At the hospital, a blood test was performed which revealed his blood-alcohol level was 0.155. The legal limit in Pennsylvania is 0.08. So, Montgomery County assistant district attorney, charged Burke with DUI - driving while intoxicated. Burke has been sentenced to 30 days in jail and 22 months probation. He had a prior DUI conviction.

This case irritates me. Here we have a Pennsylvania citizen who learned and was rehabilitated from his prior mistake - a DUI while operating an automobile. So, he acts responsibly and takes his bicycle because he knows he is going to be drinking. He gets rear ended and ends up getting jail time, probation, fined $1500 and losing his license for 18 months. This is simply absurd. The ADA should have shown some discretion here. This does not encourage others to ride their bikes when they are going to drink which, to me, sounds like a great idea.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Bicycle Injuries , Legal News

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As a Philadelphia Accident Lawyer, I represent individuals injured and killed in automobile accidents. In a recent blog, I took offense to a study by Allstate Insurance Company which listed Philadelphia drivers among the worst in the United States, i.e, they are involved in the most car accidents. Well, maybe I should rethink my criticism. In the last week alone, Philadelphia car accidents caused by drunk drivers or drivers on drugs has either killed or injured seven people.

Since last Friday, we have had a fatal accident on I-95 due to an apparent drunken driver who was speeding out of control, a fatal accident due to an apparent drunk driver when the driver struck two pedestrians, killing one, after a Phillies game and a 19th District cop injured when a drunk driver crashed into his police car in Overbrook.

Since last year, the number of DUI arrests are up by more than 700 compared with the same time period last year, according to Officer Jeffrey Hannan, of the city's Accident Investigations Division. Nationwide, In 2006, an estimated 17,602 people died in alcohol-related car accidents.

Despite the educational attempts to make people more aware of the dangers of driving while intoxicated (DUI)and despite our vehicular homicide laws, it seems the problem of drunk driving in Philadelphia is on the rise.

Our Philadelphia Personal Injury Law Firm represents individuals injured or families of individuals killed in automobile accidents. For a free consultation, contact our firm.

Related Web Resources:

Mothers Against Drunk Driving: MADD

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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As a Philadelphia Personal Injury Lawyer, I represent individuals who suffer injuries from a fire as well as families who have lost loved ones in a Philadelphia fire. Many times family members do not escape a house fire. Today, I have the opportunity to report on a fortunate family from Willingboro who were able to escape serious injuries or death from a house fire.

The fire trapped a mother and her three children in the two story home. The entire house was engulfed in flames. There was no way out. Fortunately, neighbors gathered quickly around the house pleading with the mother to throw her children out of a second floor window and into their waiting arms. The mom took their advise and first dropped her baby and then a second young child into the neighbor's awaiting arms. The mom then jumped herself. Her 14 year old son was trapped in a different upstairs bedroom and he jumped as well. It was reported that the teenager was taken to the hospital for injuries which were not life threatening.

We deserve to give a hero's applause to the Houseley family and other neighbors that were critical in saving this family and preventing further injuries.

Related Web Resources:

Philadelphia Inquirer: Mother throws two children to safety from burning home

6 ABC News: Neighbors Help Mom Rescue Babies

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Fire Injuries

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As a Philadelphia Medical Malpractice Lawyer, I am sometimes asked by a perspective client, "What should I expect? What is the process like?" The following is being presented to explain a roadmap to a medical malpractice claim. (This example presuces a Wrongful Death Claims is being presented)

In order to present a Pennsylvania Medical Malpractice Claim, the following steps must be adhered to:

1. First, An Estate must be opened with the Court. Usually a family member is appointed as the legal representative of the "estate".

2. After the Estate is opened, the legal representative signs authorizations for the medical records of the deceased. The Pennsylvania Medical Malpractice Lawyer will request the complete medical record from hospitals or doctors involved in the potential claim.

3. Upon receipt of the medical records, the Pennsylvania Medical Malpractice Lawyer will review the records to get an understanding of the case.

4. The Pennsylvania Medical Malpractice Lawyer will then hire a medical expert, usually in the medical specialty involved in the malpractice, to evaluate the hospital record (or physician records) from a medical standpoint. The attorney will ask the medical expert whether he can support a case for malpractice. In other words, in the medical expert's opinion, were there departures from good medical practices and were those departures from good care practices a factual cause in the injuries or death of the decedent.

5. Once the medical expert has confirmed each of those necessary elements, then the Pennsylvania Medical Malpractice Lawyer will notify the family that he or she intends on proceeding with their case.

6. Shortly after filing a lawsuit, the plaintiff's attorney must file a "certificate of merit" with the Court. This certificate of merit must be signed by the expert who verifies that based on the information then presented to the expert, the expert feels that the hospital/doctor committed medical malpractice, i.e. deviated from good medical practices.

If you have questions about medical malpractice lawsuits in Pennsylvania, contact the law firm of Mednick, Mezyk & Kredo, for a free confidential consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Medical Malpractice

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The unthinkable occurred. In Kings County Hospital, a psychiatric patient died in the emergency room waiting area while being totally ignored by hospital personnel. The patient was sent to the emergency room to wait for an in-patient bed. She had been sent to the same emergency room the day before with someone to escort her. An outrageous surveillance video of the hospital emergency room waiting area shows the patient falling off of her chair and lying on the floor for about an hour before anyone from the hospital even notices her.

Surely a medical malpractice case will be filed against the Hospital and Hospital personnel. In order to prove negligence, the plaintiff will ultimately have to prove that the Hospital and its personnel deviated from good medical care and that their deviations were a factual cause in causing the death of the plaintiff. Watch the video and judge for yourself.

At Mednick, Mezyk & Kredo, our Philadelphia Medical Malpractice Attorneys represent individuals involved in medical malpractice claims against hospitals and physicians. If you or someone you love has a claim they would like to discuss, contact us for a free consultation.

Related Web Resources:

ABC News: Ignored Psych Patient Dies on Hospital Floor

NY Post: Patient Ignored To Death

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Medical Malpractice

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As a Philadelphia Dog Bite Lawyer I represent individuals involved in dog bite attacks. According to a recent study released by the Insurance Information Institute, dog bite claims accounted for one-third of all homeowners insurance liability claims paid in 2007. The average dog bite claim totaled more than $24,000 and, as a whole, cost the insurance industry more than $350 million.

According to the Centers for Disease Control and Prevention (CDC), more than 4.7 million people per year are victims of a dog bite attack, resulting in an estimated 800,000 injuries that require medical attention. With more than 50 percent of dog bite attacks occurring on the dog owner's property, the insurance industry is crying foul. While the cost of these claims to the insurance industry is astounding, what is equally astounding is the record profits these insurance companies continue to rake in year after year. The insurance industry is not who we should feel bad for. Rather we should feel compassion towards the victims of these dog bite attacks. Most of the dog bite attacks are unprovoked and many cause serious life long injuries or scarring.

As a Philadelphia Dog Bite Lawyer, I fight for every dollar of compensation a dog bite victim deserves. As a person who has been the victim of a dog bite attack in the past, I understand the effects of these attacks on my clients. I was fortunate enough not to have real serious injuries, however, many of my clients are not so lucky. If you or a loved one was the victim of a dog bite attack, contact me for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Dog Bite , Insurance Claims , Legal News

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According to the EPA (Environmental Protection Agency), the value of a person's life is $6.9 million. This value is down almost a million from 1993 when the EPA valued a life at $7.8 million. The figure is not based on a person's earning capacity, or their potential contributions to society, or how much they are loved and needed by their friends and family — some of the factors used in insurance claims and wrongful-death lawsuits. Instead, the value is drawn from payroll statistics and on what people are willing to avoid certain risks.

Although this may seem as an inconsequential figure, the value the EPA places on a life has real consequences when it comes to analyzing whether to enact a proposed rule or So, what is the EPA statistics used for? Though it may seem like a harmless bureaucratic recalculation, the devaluation has real consequences. For example, the statistic may be used by governmental agencies when they do a cost benefit analysis on a new rule. The less that a life is worth, the less the need for a life saving rule or regulation. For example, assume a regulation costs $7.5 billion to enforce but will prevent 1000 lives. If a life is valued at $6.9 million, the rule may not make sense on a cost/savings analysis. However at $7.8 million, the rule could get passed.

The ultimate goal for the public should be safety and saving lives but it does not always work that way with the government. As a Pennsylvania Personal Injury Lawyer, I have occasion to consider the cost of life through the Wrongful Death Statutes of Pennsylvania. Interestingly, the value of a life can change dramatically depending on the County in Pennsylvania where your case is venued.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Legal News

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