The Winter Driving Guide is a list of "common sense" items that many of us do not utilize when driving in the winter months. The few minutes it would take to stock your vehicle or that of a loved one, could make the difference. We at Mednick, Mezyk & Kredo, P.C., wish you and yours a wonderful holiday, and safe traveling!
]]>I would hope that Pennsylvania's legislature would see the benefit of reducing traffic accidents by a significant amount if the laws prohibit the use of cell phones and wireless devices. All too often you see that driver who fails to proceed through the light when it turns green, or fails to move in traffic when it opens up, only to realize that they are busy texting or dialing a number.
Should you become the unfortunate victim of one of these traffic accidents, and would like to discuss your legal rights, please contact Mednick, Mezyk & Kredo, P.C., for a free consultation.
AIG Insurance Company has been bailed out by the Federal Government yet their executives are living it up. First there was the $440,000 American Insurance Group Inc. spent entertaining executives days after receiving an $85 billion lifeline from the Federal Reserve, now it’s $86,000 for a hunting trip in England as the faltering company reaped another $37.8 billion in taxpayer funded loans.
Lawmakers investigating AIG’s meltdown said they were enraged that executives of AIG’s main U.S. life insurance subsidiary spent a lavish amount on the retreat, complete with spa treatments, banquets and golf outings. Last week, White House Press Secretary Dana Perino called the event “despicable.”
It is time to stand up to the insurance industry and let them know this behavior is not acceptable. Write to your congressman. Support legislation which prevents the executives of publicly traded companies to act in this fashion. Choose where you spend your money for insurance wisely. Show up for jury duty so that your fellow citizens can get fair trials. Do whatever you can to let the insurance company know that their behavior is not okay with you!
So, why are some hospitals not as safe as others? Blame is placed on everything from exhausted doctors and staff to antibiotic-resistant microbes. Some blame should also be given to more competent doctors at the better hospitals.
It has been estimated that between 44,000 to 98,000 Americans die in hospitals each year as the result of medical errors. Just the lower estimate would make medical errors the eighth leading cause of death at the time (more than motor vehicle accidents, breast cancer or AIDS).Among the leading mistakes: misdiagnoses, equipment failure and infections.
The Philadelphia Personal Injury Law firm of Mednick, Mezyk & Kredo will provide a free, no obligation consultation and review of your Medical Malpractice Case involving a medical mistake, misdiagnosis, incorrect procedure, etc. Contact MMK law for a free consultation.
]]>The child was a little more than four years old. He was playing on a corkscrew climber at an elementary school playground. The child fell off of the climber and fractured his left arm. There were numerous allegations of negligence. One involved improper supervision. It was alleged that a teacher and aide provided passive supervision rather than active supervision. In other words, instead of actively spotting the four children on the playground, the supervisors watched from a nearby park bench. Clearly, the supervisors would not be able to prevent an injury like the one which occurred from a nearby park bench. A second theory was the equipment was not age appropriate. The equipment was geared to students age 5 to 12 and not appropriate for a four year old. A third theory revolved around an improper depth of ground cover. It was alleged that the wood chips provided for protection did not meet the playground industry standards of care due to nsufficient depth. An appropriate expert was retained who supported these theories of liability. The case recently settled.
Playground injuries are common among young children. If your child is injured while using playground equipment, contact attorney Michael Mednick for a free consultation to discuss the claim.
]]>Allstate Insurance Company calls its new pilot program "InSight". The program has been developed by Posit Science and the game will be able to track the total number of hours these drivers play. The group's accident rates will be compared to a control group of people who do not play the games.
The games are not all specific to driving. They're designed to reverse age-related cognitive decline and improve visual alertness. Allstate recommends that drivers complete at least 10 hours of training. It's being given as a free option to the 100,000 Pennsylvania drivers, and Allstate plans to decide next year whether to roll it out in other states.
Tom Warden, an assistant vice president at Allstate, said the company chose Posit's technology because it is based on nine years of research into how older drivers' brain fitness might be improved. Allstate claims this may lead to lower insurance rates for older driver's but this remains to be seen.
As a Philadelphia Personal Injury Lawyer, I often differ in my opinions with Allstate Insurance Company. However, in this scenario, I have to give Allstate their just due. If the roadways become safer because older Pennsylvanians improve their cognitive thinking and visual awareness and Allstate Insurance Company foots the bill for the program, this is a win-win situation for all Pennsylvanians.
]]>I previously wrote a blog titled Pennsylvania Motor Cycle Head Injuries On The Rise in which a University of Pittsburgh study showed a 32 percent increase in motorcycle related head injury deaths and a 42 percent increase in motorcycle related head injury hospitalizations since the repeal of Pennsylvania's Helmet Law.
However, upon further research, the issue is not as easy as just buying a helmet. Motorcycle helmets are so complex. For instance, if a helmet is too stiff it can be less able to prevent brain injury in the kinds of crashes you're most likely to have. And if it's too soft, it might not protect you in a violent, high-energy crash.
So, how does a motorcycle helmet work? A motorcycle helmet has two major parts: the outer shell and the energy-absorbing inner liner. The inner lining is made of expanded polystyrene, the same stuff used in foam coffee cups.
The shell is there for a number of reasons. First, it's supposed to protect against pointy things trying to penetrate the inner lining. Second, the shell protects against abrasions, which is a good thing when you're sliding down the roadway.
The part of the helmet that absorbs most of the energy in a crash is actually the inner liner.
When the helmet hits the road or a curb, the outer shell stops instantly. Inside, your head keeps going until it collides with the liner. When this happens, the liner's job is to bring the head to a gentle stop.
It is recommended by the CDC that all motorcycle riders wear approved helmets. In my Personal Injury Law Firm, I have seen many motorcycle riders sustain serious head injuries due to the need to feel "free", i.e. not wearing a helmet. There is no way to know whether this recent Philadelphia Motorcycle rider would have survived this crash, however, statistics show he has a much better chance with an appropriate helmet.
]]>Clearly, the prosecutors will seek serious jail time for this lunatic. However, as a Personal Injury Lawyer, I look at how these victims can recover against Daley in a civil way. The only civil recourse under our laws is a claim for monetary damages. Many times victims of crimes do not file civil claims associated with their loss. However, these victims should. It appears Daley owns at least twelve apartments in three buildings. Maybe they are paid off - it looks like he may have equity in them for at least 20 years. Maybe this man has assets in other places.
Victims of criminal activity should always contact an experienced personal injury lawyer to explore their civil options. Personal injury is not always an injury to the body. However, in this case, knowing you have been watched and filmed can certainly cause emotional injuries.
]]>As a Philadelphia Slip and Fall Lawyer, I urge my clients to be reasonable when considering a settlement offer. This week, one of my clients agreed to settle her slip and fall case. The client was walking through Franklin Mills Mall when she slipped and fell on water on the floor. Through hard work during the litigation of the case, we were able to get a very fair settlement offer.
As a Personal Injury Lawyer, I believe a client (in this case a woman) should have as much information about her case as possible so that she can make an informed decision concerning settlement of her case. The following is an excerpt from my letter to the client explaining about the proof issues in her case:
I would like you to understand that this is a slip and fall case on water in a mall. In order to prove liability on the management company of the mall, we must prove that they had notice of the dangerous condition that caused you to fall (the water). Notice can be "actual" or "constructive". Actual is almost never proven in these cases. They will never admit that they had actual notice of water being on the floor and did nothing about it. So, the proof we will need to show is "constructive notice". That means that we must show that they "should have known" of the condition and that the time that they "should have known of the condition" was long enough for them to take reasonable action. So, if the water was there for a minute, then we would lose. If it was there for 60 minutes, well I think this is constructive notice.
So, how do we go about doing this? We look for testimony from other individuals to help us with the case. In this case, we have your daughter who was with you who has said that the puddle looked dirty and had dried foot tracks coming out of it. This is one way to try to show the water was there for a long enough period of time to prove constructive notice.
Assuming we could prove "constructive notice", we have to deal with whether you were negligent for not seeing the puddle. So, if the puddle was dirty and had foot tracks from it, then a jury could conclude you should have seen it as well and charge you with some liability for your own fall. If the jury found you 50% liable, your recovery would be reduced by 50%. If the jury found you 25% liable, then your recovery would be reduced by 25%. And so on. However, if the jury felt you were more than 50% (51% or more) liable, then your recovery is completely barred under Pennsylvania Law.
I hope this explained a bit about Pennsylvania's Slip and Fall Law. Please feel free to contact Slip and Fall Lawyer, Michael Mednick, if you have any questions about your case.
]]> ]]>Although I would have hated this bill when I was 16, knowing how I drove when I first obtained my license, and how my friends drove, reinforces my belief that these additional hours would be beneficial. Moreover, the prohibition of cell phones, blackberries and text messaging devices should be on all drivers, and not just teen drivers age 16-17. I have driven with many adults, who feel the need to respond to an e-mail, via blackberry, while traveling on I76.
Should you ever be in need of legal services, our Philadelphia Law Firm, Mednick, Mezyk & Kredo, P.C., would be happy to provide a free consultation.
]]>First, doctors stress to us to lose weight. Excess weight stresses hips, knees and other joints; every pound lost reduces the load exerted on the knee for each step by 4 pounds.
Second, doctors stress exercise. Exercise strengthens the muscles around joints, which can prevent cartilage from wearing down.
Third, posture is important in protecting the joints.
Fourth, stay active, don't sit too long or sit still. Switching positions can decrease joint and muscle stiffness.
Fifth, be careful lifting. You are not as young as you once were. When lifting, use your legs and not just your back.
Finally, don't overdo it. Get help for big jobs and be careful to remember you are not as young as you used to be.
Following these tips will help you prevent further pain and injuries.
]]>It is suspected, but not known for sure yet, that that the engineer of a Los Angeles Metrolink commuter train may have been text messaging when the train ran a stop signal, crashing into an oncoming freight engine.When last checked, of the 225 passengers on board the train, the death toll was at least 25. That total did not consider the 135 people injured, 40 of which were in critical condition.
While my generation is not of the "texting" type, the younger generations are text crazy. It is this group of drivers which we must educate as to the dangers of texting while driving.
Since car accidents are the leading cause of death among 15- to 20-year olds, education is the only way to try to stop this dangerous trend of texting while driving. As a Philadelphia Accident Lawyer, I have seen my fair share of families forever affected by serious injuries in car accidents. I urge us all to plead with our family members about the dangers of texting while operating a motor vehicle.
Three hours earlier, another Philadelphia SEPTA bus accident occurred when the bus driver struck a man who was crossing 8th and Girard in his wheelchair. The Bus was in the process of turning at the time of the accident. The footrest of the wheelchair got caught under the bus' left front tire and dragged the victim about10 feet. The victim was within the crosswalk . His leg was crushed under the bus. SEPTA has acknowledged that the wheelchair victim had the right of way.
SEPTA needs to stress to its drivers the rules of the road. This is not a hard concept to grasp. Pedestrians within a crosswalk have the right of way.
As a Philadelphia Personal Injury Lawyer, I represent many individuals injured in a SEPTA bus and SEPTA trolley accidents. If you or a loved one is the unfortunate victim of a SEPTA accident, contact me for a free consultation.
As a Philadelphia Personal Injury Lawyer, I have represented individuals injured on school buses, exiting school buses and crossing to or away from school buses. When I receive a call from a parent, I always explain the law regarding a personal injury bus recovery. The first question I ask is whether the school bus is owned by the school district or is it a private bus company. This can make all the difference in the world. A school district is often afforded immunities under the law while a private bus company is not afforded any immunity.
In most situations, if your son or daughter is struck by a school district school bus, the applicable immunity statutes require, at the very least, your child to prove that he or she sustained a permanent loss of bodily function.
If the bus company is a private bus company, then there are no immunities attached and you simply must prove that the bus company was at fault (to some degree) and that your son or daughter was injured.
The laws involving school buses and immunities are very complicated. It would be wise to seek advice from an experienced personal injury lawyer before making a decision about your case.
]]>M.I.S.T. is a acronym that stands for Minor Impact Soft-Tissue. The theory behind this policy was that it was virtually impossible to sustain a permanent or serious injury in a low damage car accident. The crux of the defense of these claims is in the photographs which often show little to no car damage. The question is, whether the insurance companies are right about the M.I.S.T. defense or whether they have simply influenced jurors into believing that a person cannot sustain a serious injury in an accident which results in minor property damage?
The M.I.S.T. defense began in the 1990's with early studies suggesting that the g-forces involved in low damage crashes were comparable to those commonly seen with normal everyday activities of daily living. Reports suggested that whiplash was a short lived and self-limited condition that didn’t require more than supportive care. In addition, other similar reports suggested that whiplash didn’t exist in countries where there is no legal system to recover damages. Based on this information, it seemed reasonable that insurers were quick to adopt the M.I.S.T. policy. Of course, let's not kid ourselves that the driving force behind the defense was saving money on claims, many of which were valid.
But, it appears there is no support for the M.I.S.T. policy after all. Our advancement in technology has provided an opportunity to study the relationship between real world delta V as measured by “Black Boxes” installed inside many vehicles and chronic injuries.What was found was that chronic injury rates at delta V’s of 5-10 km/h were twice that of 10-15 km/h and chronic injury rates at 15-20 km/h were twice the rates seen at 20-25 km/h delta V’s. These rates likely relate to the stiffness and elasticity of the vehicle and the complex interplay of seat design, occupant mass, occupant position, and vehicle dynamics.
Recent medical literature also reported on simulated low speed rear end collisions which demonstrated facet joint spearing in the cervical spine as well as significant ligament stretch injury to the anterior longitudinal ligament and facet joint capsules. These findings have been confirmed in live volunteers in simulated low speed crash tests.
Studies also showed several hundred patients who sought specialist care for a rear end crash were compared to several thousand people not exposed to such a crash. Seven years after the crash, there was a 160%-370% increased risk for headache, thoracic and low back pain, as well as for fatigue, sleep disturbances and ill health. The same type of investigation found a 300% increase for neck and shoulder pain seven years after a rear end crash exposure.
So, is M.I.S.T. Still Scientifically Viable? The answer is NO. While many authors have published studies that would seem to support the M.I.S.T. hypothesis, the vast majority of work published in the last 10 years would not support M.I.S.T.
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