BLOG

Concussion: an injury with no visible evidence

Posted on November 19th, 2018

It’s hard to explain an injury when there is no visible evidence. Despite growing awareness of concussions and mental health issues stemming from concussions, these injuries are downplayed and minimized. People can easily think you are fine.

Concussions occur when the soft tissue of the brain, cushioned by spinal fluid, is jolted or moved around in your head. A traumatic brain injury, or TBI, can cause bruising, damage to the blood vessels, and injury to the nerves. The affect of this injury on a person and their family can be devastating. TBI may affect personality, memory, and may impact family life, job, and social interactions. Symptoms may not appear until weeks after the injury. Brain injuries do not heal like other injuries and require intensive rehabilitative treatments and therapies.

Recently, a client who had suffered a mild concussion after he was jarred while riding his bicycle (without hitting his head), was later rear-ended in a car accident, and again, not actually hitting his head. The car accident caused him to be jolted back and forth resulting in two concussions in brief succession. (more…)


Drunk man receives $400,000 award after trial

Posted on November 5th, 2018

A drunk man crosses the street in dark clothes, in the middle of the night, is hit by a car, and at trial is awarded $400,000.

Why did a judge award $400,000 to a person crossing the street (not at a crosswalk), while intoxicated, in the dark, and wearing dark clothing?

The driver was driving on the highway at 60 miles per hour and claimed she never saw the pedestrian until after she hit him. She gave this statement to the police and to her insurance company immediately after the accident.

At first glance, it may seem to be the pedestrian’s fault for all the above reasons, however, as was argued at trial, a driver has a duty to always be paying attention to the road in front of her. If a driver does not see a 6-foot 2-inches drunk man in the middle of the street in front of her, then she is primarily at fault and the cause of the accident. This commonsense, albeit not necessarily intuitive, rule has been memorialized by the Pennsylvania Supreme Court in the matter of Carney vs. SEPTA, where it stated, “a wrongdoer may not avoid liability by saying he did not see what was plainly visible to him.” (more…)


Emmett Madden named Super Lawyer in Philadelphia Magazine

Posted on May 31st, 2018

In recognition of Emmett Madden’s expertise and success in personal injury and criminal defense cases, he is featured as a Super Lawyer in the most recent issue of Philadelphia Magazine (June, 2018). Every summer, the magazine highlights its annual list of the top lawyers in Pennsylvania and Delaware. Emmett has once again received the honor of being named a Philadelphia Super Lawyer. After a rigorous selection process, only the top 5% are selected as Super Lawyers.

The magazine writes as follows:

“R. Emmett Madden fights for social justice by defending those accused of crimes and representing injured individuals. For criminal defendants, he has won not guilty verdicts throughout the Delaware Valley. For injured clients, he has obtained maximum recoveries for victims of vehicle accidents, nursing home negligence, insurance abuse and building collapses, including Philadelphia’s recent record settlement of $227 million in the Salvation Army Building Collapse. Emmett is also proud of his work on behalf of the poor and disenfranchised as a volunteer at Ayuda Christian Legal Clinic in North Philadelphia and serves as a part-time Public Defender in Montgomery County.”

From the Super Lawyers website:

“Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.”

To view Emmett’s profile on Super Lawyers, please visit here.

ThePhillyLawyers is honored to receive this award once again and we look forward to continue serving those most in need.