Personal Injury Information

Few things in life are worse than suffering an injury, especially if the situation that brought on the injury was preventable. When faced with an injury caused by negligence or sheer carelessness on someone else’s part, it’s hard to fully grasp all the different ways your life will be changed. An injury can affect a person in many different ways, including physically, emotionally, and financially.  Some individuals who are injured have long recovery times and often miss work, lose their jobs, and are unable to go about their normal lives.

If you have suffered an injury and you believe someone else is responsible for causing it, you need to talk to the lawyers at Fisher and Fisher.  With over 30 years of experience helping injured victims throughout northeastern Pennsylvania, they have what it takes to provide you with effective representation during a personal injury claim or wrongful death suit.  The law offices of Fisher & Fisher will evaluate your situation to determine whether or not you have a case, and if you do will take whatever legal action is necessary to get you compensation for your injuries.

Our Pocono personal injury attorney team in Monroe county can help you with most types of personal injury and wrongful death situations. Fisher and Fisher Law Offices focuses on Pocono personal injury and wrongful death litigation.

PERSONAL INJURY

MOTOR VEHICLE (TRUCKING) ACCIDENTS

Injuries sustained in motor vehicle accidents are one of the most common forms of personal injury claims. For a successful auto accident claim, you must prove that another party was negligent or responsible for causing the accident, and also establish the amount of damages for which that other party is liable.

If you have been injured in a motor vehicle or truck accident, you may be entitled to compensation for your pain and suffering, past and future wage losses, emotional trauma, permanent disabilities, loss of enjoyment, as well as the payment of your accident-related medical bills, the damages to your vehicle and other associated expenses.

We represent injured drivers, passengers and pedestrians in a variety of claims, including:

  • Full and limited tort claims
  • Serious bodily injury claims
  • Accidents involving death
  • Head, neck, back and other personal injuries
  • Drunk driving accidents
  • Uninsured motorist claims (when the driver who injured you was not insured)
  • Underinsured motorist claims (when the driver who injured you did not have enough insurance to compensate you for all of your injuries)
  • Defective product claims, such as negligently-designed vehicles, tires and airbags

Motor vehicle accident victims may be entitled to compensation for their pain and suffering for the injuries they have sustained, including:

  • Fractures, strains and sprains
  • Neck and back injuries, including herniated and bulging disks
  • Head injuries, including concussions
  • Leg injuries
  • Arm and hand injuries
  • Spinal cord injuries
  • Psychological, psychiatric and other emotional injuries
  • Any other injuries resulting from the accident

When you purchase auto insurance in Pennsylvania, you can buy either “full tort” or “limited tort” coverage. When you purchase “full tort” coverage, you are entitled to compensation for all of the pain and suffering you experience as a result of a motor vehicle accident, regardless of the severity of your injury. However, if you buy “limited tort” coverage, you have waived your right to sue for pain and suffering, even if the other driver was negligent, unless you suffer a “serious injury,” as defined by law. A “serious injury” is usually defined as an injury that results in death, disfigurement or the serious impairment of a major bodily function. Therefore, an insured driver who has elected the “limited tort” coverage option, cannot generally receive damages for pain and suffering caused by minor or less serious injuries, such as muscle strains.

Due to the alarming frequency of motor vehicle accidents, it is important to understand your rights and legal options after a collision. Your insurance company may not always look out for your best interests to ensure that you receive the compensation you deserve. It is important, therefore, to protect your legal interests after you have been involved in an accident. At the accident scene, people are often flustered and disoriented. It is important to stay calm and properly assess the situation. It is also crucial to remain level-headed to avoid saying anything that might hurt you down the road. Apologizing or taking blame for the accident—even if it is not your fault—may be used against you in the future.

It is also important to call the police to the scene of the accident, especially when the accident involves personal injuries. The police will prepare a report about your vehicle accident. It is also imperative to gather as much information as possible at the scene of the accident. You should obtain the other driver’s name, address, driver’s license number, phone number, insurance provider’s name and policy number, the vehicle’s color, make, model, license plate and VIN number, and other details. Ask any available witnesses for their names and contact information. Document everything you remember about the auto accident. Take pictures at the scene of the accident if at all possible.

It is also important that you contact your insurance company as soon as possible. The insurer will request information about the accident, who was involved, the identity of witnesses, and other pertinent facts. In most cases, your insurance company will be in contact with the other driver’s insurance company to determine liability and handle costs. An adjuster will often investigate the extent of your losses and the damages to your vehicle. In some cases, you may forfeit all compensation if you are found even partially liable for the vehicle accident. In other cases, you may be eligible for coverage beyond your deductible. It is important to understand the benefits provided under your insurance plan.

The percentage of uninsured and underinsured motorists operating vehicles is growing at an alarming rate. There are also significant increases in the rate of hit and run accidents. Uninsured and underinsured motorist insurance protection may protect you if you are involved in a hit and run accident, or if you are in a motor vehicle accident and the other driver does not have sufficient insurance coverage to fully compensate your loss.

If you or a loved one has been injured in an accident with an individual who has no automobile insurance, and you have purchased uninsured motorist coverage, your insurance company steps in to pay for your financial losses, up to your policy coverage limits. If the other driver is underinsured, and you have purchased underinsured motorist coverage, your insurance company would then pay the difference between the other driver’s policy limits and the full value of your claim, up to your policy coverage limits.
When motor vehicle accidents result in personal injury or property damage, it is extremely beneficial to speak with a qualified attorney to protect your interests. If you feel you have not received adequate compensation for your losses, the help of an experienced attorney is paramount.

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WRONGFUL DEATH and SURVIVOR ACTIONS

Click here to read the wrongful death FAQ (Frequently Asked Questions) Article

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DEFECTIVE PRODUCTS

When you purchase a product, you would expect that it is reasonably safe for its intended use; however, when that product causes personal injury, the victim has the right to seek compensation for his or her losses in a product liability case.

Product liability cases can involve different types of defective consumer products including: industrial products, over-the-counter and prescription drugs, medical devices, toxic materials, vehicles, food, blood products, baby products, and other products intended for consumer use. A product can be considered defective if it is “unreasonably dangerous” for general use. “Unreasonably dangerous” is determined by weighing the product’s utility against its potential risks. If the risks outweigh the benefits, it is generally considered to be a defective product.

Product liability cases can be filed against any liable party in the “production chain.” This includes the product’s designer, manufacturer, wholesaler, distributor, seller or repairer. The product’s designer can be held liable when the product’s design is inherently flawed. The manufacturer can be culpable in a product liability case if the product is poorly produced or substandard materials are used. Any party in the “chain” can be held liable, depending on the specific facts of a case. A product liability attorney can evaluate your case to determine who is liable for your injuries.
There are basically three grounds on which a product liability lawsuit can be filed:

  • Negligence (failure to prevent injury or properly warn consumers about potential risks)
  • Breach of warranty (breach of an expressed or implied guarantee)
  • Strict liability (the product was defective or unreasonably dangerous)

If you or a loved one has been injured by a consumer product, you may be eligible to file a product liability lawsuit. An experienced personal injury attorney can advise you of your legal rights.

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DOG BITES

If you have been injured, or a loved one has been injured or killed as a result of a dog bite, you may be entitled to compensation for your pain and suffering, past and future wage losses, emotional trauma, permanent disabilities and loss of enjoyment, as well as payment of your medical bills.

You have a right to be compensated for your injuries by the owner of the dog that bit or attacked you. In Pennsylvania, there is no “one free bite” rule. Therefore, even if a dog has never bitten anyone before, you have the right to seek a recovery from the dog’s owner. Under Pennsylvania law, there are two different remedies for dog bite victims, depending on the severity of your injuries. A “severe injury” is “any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.” A severely injured victim can make a claim against the dog owner for medical expenses and all other losses and damages. The victim is required to prove that the dog inflicted severe injury without provocation, regardless of whether or not the dog had previously bitten a person. A “non-severely injured” victim can make a claim against the dog owner, but only for medical expenses.

Your damages will depend upon many factors, including the severity of the injuries, and whether the dog has bitten in the past. The injuries from dog attacks can be painful and life-altering, including:

  • Bite and puncture wounds
  • Blood loss
  • Crushing Injuries
  • Death
  • Disfigurement
  • Emotional trauma
  • Fractures
  • Head or brain trauma and injuries
  • Rabies
  • Scarring

If you are the victim of a dog bite, contact a knowledgeable and competent personal injury attorney to assist you in recovering the compensation that you deserve.

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PREMISES LIABILITY

If you have been injured, or a loved one has been injured or killed because of dangerous conditions on a property, you may be entitled to compensation for your pain and suffering, past and future wage losses, emotional trauma, permanent disabilities and loss of enjoyment, as well as payment of your accident-related medical bills.

Premises liability claims, caused by defective conditions existing on a property, can occur almost anywhere, such as at work, on construction sites, at public buildings, restaurants, shopping centers, schools, playgrounds, day care centers, jobsites, stores, elevators, swimming pools and amusement parks.

Determining who is responsible or liable for your injuries can be very complicated. Generally, the landowner or the person or company in possession and control of the premises has a duty to use reasonable care to keep a property in a safe condition. If you were working or performing job-related duties at the time of your injury, you may also be entitled to workers’ compensation benefits, which will pay your lost wages and medical expenses. If your accident is job-related, you must notify your employer of the accident to assure that you receive all of the benefits to which you are entitled. If your accident occurred at a commercial property or business, you should notify the manager or a worker on duty at the time. If necessary, you should ask to be taken to a local Emergency Room, or you should go to your family doctor as soon as possible.
Victims injured in premises liability cases are entitled to compensation for their pain and suffering for all of the injuries that they have suffered, including:

  • Death
  • Fractures, strains and sprains
  • Neck and back injuries, including herniated and bulging disks
  • Head injuries, including concussions
  • Leg injuries
  • Arm and hand injuries
  • Spinal cord injuries
  • Psychological, psychiatric and other emotional injuries
  • Any other injuries resulting from the accident

Determining fault in premises liability cases can be very complex. Accidents often occur because a property owner or tenant did something or failed to do something that contributed to or caused your accident. Even if you were partially at fault for the accident, you may still be entitled to compensation for your injuries. Contact a reputable personal injury lawyer as soon as possible to protect your legal right to recover compensation for your injuries.

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SLIP and FALL

Slip and fall accidents usually occur when a person slips or trips due to an unsafe or dangerous condition on a property. Construction defects, inadequate maintenance, broken steps, insufficient lighting, wet or slippery floors or walkways, snow and ice accumulations, torn or ripped carpeting, and cracked sidewalks or pavement can all cause slip and fall accidents.

Slip and fall accidents occur on all sorts of premises, including office buildings, shopping malls, apartment buildings, sports arenas, movie theaters, grocery stores, parking lots, public buildings, schools, casinos, hotels, amusement parks and restaurants. Property owners and those responsible for overseeing or maintaining the premises must ensure that no dangerous conditions exist on their property. Injured persons must generally prove that the property owner was negligent, in that the owner knew or should have known about the unsafe condition and failed to correct the condition or provide notice of its existence.

Liability might also depend on your legal status while on the property, as either a business invitee, a licensee or a trespasser. A business invitee is anyone who enters a property in connection with a business. A licensee is a person who enters a property, but not for business purposes. In the case of both business invitees and licensees, property owners are responsible for ensuring that their property is safe, and if you are harmed by their negligence, you may be able to recover damages for your injuries. However, a property owner does not generally have that same duty of care to a trespasser, one who enters another person’s property without permission and is harmed while on the premises.

Slip and fall accidents often result in serious injuries, including broken bones, fractures, strains and sprains, neck and back injuries (including herniated and bulging disks), head injuries and concussions, spinal cord injuries, arm and leg injuries, nerve damage, lacerations and bruises. As a victim of a slip and fall accident, you may have to take time off from work to recover. You may also experience long-term or permanent disabilities from the accident. If you have been injured in a slip and fall accident, you may be entitled to compensation for your pain and suffering, past and future lost wages, emotional trauma, permanent disabilities and loss of enjoyment, as well as payment of your medical bills, and other associated damages.

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MEDICAL MALPRACTICE

If you have been injured, or a loved one has been injured or killed, as a result of the negligence of a doctor, hospital or other health care provider or medical professional, you may be entitled to compensation for your pain and suffering, past and future lost wages, emotional trauma, permanent disabilities and loss of enjoyment, as well as payment of your medical bills.

Medical malpractice claims may include the following:

  • Medical errors and mistakes
  • Failing to diagnose a medical condition
  • Failing to diagnose a medical condition in a timely manner
  • Misdiagnosing a patient
  • Prescribing medication that is inappropriate for the patient’s condition
  • Surgical error
  • Birth injuries

Medical malpractice occurs when a doctor, nurse or other health care provider or medical professional is negligent, and that negligence causes injury or additional illness or death to a patient. In legal terms, malpractice occurs when a doctor or other healthcare professional violates the applicable standard of care and an injury results.

Any person who is injured as a result of negligence by a doctor, hospital, nurse or other medical professional is entitled to file a medical malpractice claim and be compensated for all of the injuries that he or she has suffered. When a child suffers a birth injury or other medical malpractice, the child’s parents or guardians have the right to seek compensation. When a person dies as a result of medical malpractice, his or her heirs or beneficiaries may be eligible to file a claim.

In Pennsylvania, when filing a medical malpractice claim, the victim must have a Certificate of Merit, which shows that an expert has reviewed the facts of the case and agrees that the defendant (the doctor or medical professional being sued) committed malpractice.

To ensure that you receive the compensation to which you may be entitled, contact an experienced personal injury attorney without delay.

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