The show hosts, Patrick T. Doherty, Esq. and professional radio host Joe Dougherty, enjoyed a lively discussion with Mr. Alston. The program discusses unique aspects of ThePhillyLawyers and our legal team—Emmett Madden, Andrew Alston, Megan Harkins, and Mindy Torjman.
Enjoy a listen here to get a sense of how ThePhillyLawyers is different from other law firms.
ThePhillyLawyers brings a personalized approach to client representation. We really get to know our clients. We learn about our clients’ individual, human stories. While our representation is typically sought out after an individual suffers an extreme life event, we dig deeper to understand that one event is not the full story. Our holistic approach means that we walk in the shoes of our clients. We invest time and energy in learning about our clients—their backgrounds, their present conditions, and their future aspirations. What barriers exist and how can we reduce the barriers to get our clients to where they wish to be. We get to know their families, their suffering, their conditions, and we come up with creative ways to help make their lives better. Each of our clients brings a human story. We listen, we ask questions, we investigate. And then we bring our clients’ human story alive through our dynamic and creative representation.
We use our personalized approach to win the highest possible settlements or trial judgments in civil personal injury cases. Similarly, we use this personalized approach to secure justice for our criminally charged clients.
With our client-centered approach, not only do our clients feel seen and understood, but our understanding helps affect the best possible outcomes for our clients. When we think about doctors, we frequently talk about the doctors’ bedside manner. How does the doctor interact with their patients? Does the doctor rush in, do a cursory examination, and then rush to a judgment without ever really listening to his/her patient and learning their history? Does the doctor miss issues or give incorrect diagnoses? Certainly, no patient who wants the best medical outcome should work with a doctor with a poor bedside manner. Similarly, in our legal representation, ThePhillyLawyers prides ourselves on having the best bedside manners. We are relatable and compassionate. We are accessible and trustworthy strategists. We earn our clients’ trust from the beginning, and, after the legal issue is resolved, we have earned our clients’ praise.
ThePhillyLawyers brings persuasive, cutting-edge use of visuals to our client representation. Mr. Alston was also asked to talk about ThePhillyLawyers unique use of visuals in the courtroom. We are the forefront of the persuasive use of visuals. In fact, Mr. Alston is frequently invited to lecture on these topics at legal advocacy programs—such as the National Institute of Trial Advocacy—and various continuing legal education programs and law school trial advocacy programs.
ThePhillyLawyers brings its unique approach of thorough preparation and top-level advocacy to client representation. Another topic explored during the radio program was how clients will do best to hire the most talented and most persuasive attorney rather than the most (paid-for) advertised. The bought-and-paid-for billboard and television advertisements by certain law firms claiming to be the most aggressive or the largest or some other superlatives about the biggest cash recoveries for other clients are ridiculous claims. That is, such claims have nothing to do with helping the individual clients suffering catastrophic personal injuries.
When an injured person is trying to find “the right lawyer” it is very difficult for injured people bombarded by over-advertised personal injury attorneys/firms to really find the right lawyer for them. As the program discusses, an injured person should pause and consider what they really need. That is, what will best serve your individual client interests? A big billboard or television commercial will do nothing to get you what you need. Rather, what a seriously injured client needs is to hire the law firm that will best-know each individual client’s life story and apply the appropriate skills to win the best outcome. The skills needed are high-level legal representation based in thorough preparation, top-quality writing, talented oral advocacy, and persuasive visuals. That intelligent recipe is exactly what ThePhillyLawyers, as a boutique firm, consistently brings to our clients.
Check out our 5-star reviews on Google to get a sense of our satisfied clients. If you, or your family member needs our services, call ThePhillyLawyers today at (215) 884-9300.
Bicycling is my sanctuary. Fifteen years ago, when both my parents fell ill, I asked their neurologist what I could do to stave off illness. Her answer: stay active, stay fit.
Cycling has brought me so much more than physical fitness. It has brought balance to my stressful and busy life. Cycling has helped me clear my mind through meditative, cardiovascular activity. I take pride in my progress as a cyclist, and I have become part of a positive, eccentric, and diverse community of fellow cyclists. But it feels increasingly dangerous on the roads.
In the last month, cars killed two cyclists in my community: one up the street from my home, as I was blocks away on my bike:
Bicyclist fatally struck by a car in Jenkintown.
And another on Henry Avenue by Roxborough:
Kevin Saint Clair died after being hit while riding his bike
Kevin was a long-time member of my team, Guy’s Racing Club, and an active racer.
On November 19th, the Bicycle Club of Philadelphia organized a World Day of Remembrance 2023, an annual event to honor people who have lost their lives to traffic accidents in the Philadelphia area. I was proud to take part.
I understand the risks of getting killed by a driver. Motorists, I implore you to please drive safer. Safer roads benefit drivers, pedestrians, and cyclists. Here are my requests for motorists:
Be Present
From work to family life, being present and in the moment makes you better. No matter if it is night or day, bike lane or no bike lane, cyclist and pedestrians have equal rights on the road. Think about that fact next time you are driving and are forced to change your behavior to safely pass a cyclist. A good driver expects the unexpected, observes what is on the road and makes calm, safe decisions. Be present and not angry. Be present and react safely to fellow humans walking, riding, or driving. You will be a better driver, happier, and safer, if you accept the fact that we all have equal possession of the roadways. Give cyclists space when you pass them—it is the law—and please don’t pass cyclists by recklessly driving into oncoming traffic. Your lack of patience does not justify endangering everyone else.
Calm down
My observation is that too many car drivers drive with a heighten sense of urgency. The idea of waiting a few seconds, and safely passing a cyclist, appears to be an offensive suggestion to many motorists. When you get in your car to go somewhere, please calm down. The sacrifice and inconvenience of passing a cyclist without risking your life, their life, or the life of other drivers, is well worth those seconds. Share the road means respecting other’s right to exist on the road.
Slow down
If you are speeding, you have less time to react to emergencies and less time to avoid an accident.
Phone down
Do not use your phone while driving. Not worth the risk, please.
Please keep the above in mind and make our roads safer for all users. I promise to be an advocate to make the roads safer for cyclists and I ask you to please join me.
Lauren was stopped at a red traffic light when another driver slammed into the rear of her car. Lauren unfortunately waited nearly two years before contacting us. Because she waited so long, she nearly missed her opportunity for compensation for her injuries.
In Pennsylvania, you have two years from the date of an accident to take legal action against the negligent person or business. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. This is called the statute of limitations period.
The driver who hit her also did not carry sufficient insurance coverage. Unfortunately, in Pennsylvania, the state-required minimum insurance coverage is extremely low; therefore, carrying sufficient Uninsured and Underinsured Motorist (UM/UIM) insurance coverage is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without sufficient UM/UIM coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing. UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
With the very short window afforded to protect Lauren’s rights, we immediately filed suit against the other driver and against Lauren’s own insurance company.
We determined that the defendant driver caused the accident and was distracted and on her cell phone. We added punitive damages to our lawsuit and argued that such outrageous, reckless conduct by the other driver causing the accident, constituted a disregard for the safety of others warranting punitive damages. Courts award punitive damages to punish a defendant deterring similar conduct in the future.
Due to COVID-related limitations in healthcare, Lauren did not treat as extensively as she required. Since she did not get sufficient medical care, her injuries did not resolve.
Because we aggressively advocate for our clients so that the true severity of their injuries is known and quantified, we have a full array of doctors, nurses, and experts who work with our attorneys so that injuries are understood and explained. This helps ensure that they receive the best financial compensation. In Lauren’s case, since the less invasive medical providers had been unable to understand and treat the full extent of her injuries, we encouraged her to consult with a spine surgeon. The spine surgeon was able to properly diagnose and care for her injuries.
Prior to this accident, Lauren was a hardworking nurse, but because of her accident injuries and the demands on her schedule to attend treatment, Lauren was out of work and ultimately lost her job.
When Lauren was out of work, it put significant financial strain on her family. Even though she diligently tried to return to work, the accident and injuries simply would not allow her to work.
We prepare every case as if we were going to a jury trial—sparing no effort or expense—making sure Lauren would get the compensation she needed, deserved, and was entitled to under the law.
The other driver’s insurance defense lawyer and Lauren’s own insurance company understood we were well-prepared and very serious about securing justice for Lauren. Because of our approach, ultimately, we were able to achieve a substantial six-figure settlement for Lauren.
We feel fulfilled when we secure fair compensation for our clients and are proud of this result. That is because when Lauren came to us, she was nearly out-of-time to bring any claim. She was not receiving proper medical care, and the defendant had insufficient insurance coverage. After Lauren hired us, we protected her rights, helped her access the specialists she needed, and earned her a substantial pre-trial settlement. If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, the other driver’s insurance company, and your own insurance company accountable to achieve justice and proper compensation for you.
ThePhillyLawyers is composed of lawyers who are former public defenders, and Emmett Madden is Of Counsel at Kilkenny Law, a municipal law practice. We respect and understand public interest lawyers. We are also familiar to their blind spot in identifying personal injury cases.
Public interest lawyers use their legal skills to fight for important causes and on behalf of marginalized clients. At the city, state, and federal levels, public defenders and prosecutors are vital to our criminal justice system. Similarly, our civil justice system relies on a wide range of public interest lawyers including, but not limited to, legal aid, deputy attorney generals, city solicitors, municipal attorneys, civil rights, and social justice attorneys.
While public interest lawyers are doing important work in their legal specialties, it is also vital that these lawyers do not miss opportunities to help their clients get financially compensated. A prosecutor may handle a DUI-related matter in which the victim was injured by a person who was over-served by a bar. The prosecutor’s client is the victim and may be seriously injured. The prosecutor focuses on obtaining a conviction. To help make the victim whole, the victim should also be referred to a trustworthy civil litigator who can bring a civil motor vehicle and “dram shop” claim for damages against those responsible, the driver and the bar.
For a public defender, the same analysis applies in DUI, assault, or any matters where someone is injured at the hands of another. The public defender’s focus is obtaining an acquittal or negotiating a favorable plea bargain and mitigated sentence. However, if your DUI client was injured due to being overserved alcohol, or served alcohol after being intoxicated, they should be referred to a trustworthy civil litigator who can evaluate whether your client can bring a civil “dram shop” claim for damages against the business that sold alcohol to an intoxicated person. Such a suit can help your client with his/her injuries and life challenges following the accident, by getting them a large cash settlement.
Similarly, for public defenders, if your client was injured or died while at a drug and alcohol facility, based on unsafe conditions, inadequate security, negligence, or malpractice, your client has a civil lawsuit against the facility. To hold the facility accountable and cover the damages, your client, or their family should be referred to a lawyer with experience in these types of cases. This holds true anytime one person is injured due to action or inaction of another.
For municipal attorneys assisting government employees, the attorney should not lose sight of any potential third-party liability cases. A Third Party case means that injuries are someone else’s fault. The municipal attorney should consider referring their injured client to an experienced personal injury attorney to evaluate and assist with any claims, ensuring that their client receives all the money to which they are legally entitled.
There are countless instances of how public interest lawyers can truly help their clients by referring them to an aggressive, compassionate personal injury lawyer. These lawyers secure life-changing money for your client. It does not help your client to miss opportunities for justice simply because it is outside of your practice area. To help your client’s access justice and financial compensation, it is important to keep your eyes open for potential referrals.
A good doctor refers their patient to an appropriate specialist. In fact, that is the doctor’s duty of care. A good lawyer should always do the same.
Rules of Professional Conduct encourages lawyer referrals and receiving referral fees. For instance, Rule 1.1 Competence (namely the Comment to the Rule) discusses referral or consultation with another lawyer when novel/specialized legal issues present. The rules of ethics encourage referrals and importantly, these rules encourage that you, the referring attorney, are paid a referral fee. Your sacrifices as a public interest lawyer do not mean you miss out on the benefits of referral fees.
You, as the referring attorney, are entitled to a referral fee when you refer injured clients and witnesses to honest and respected civil litigators who can recover on behalf of your client. (Some offices do have specific rules relating to referral fees, so be sure to check with your public interest law office’s management if you need information on that.) But even if your office is one that precludes you from receiving a referral fee, you will still benefit your client by making such a referral since it may help your client secure life-changing justice when they are severely injured. When these types of matters hit your radar, call us at (215) 884-9300 to learn how ThePhillyLawyers can help.
On average, every year there are 6 million car accidents in the United States. (About 16,500 accidents every day). And out of these, approximately 3 million people are injured every year. In fact, the NHTSA reports that the average driver in the United States will be involved in 3 to 4 crashes in their lifetime.
Apart from obvious preventative measures—such as wearing a seatbelt, not driving under the influence, not texting while driving, not speeding, and obeying the traffic laws—there are some other important areas that are worth considering:
Does the type of car insurance coverage that I have really matter?
Yes. Car insurance policies and companies vary widely. Some policies—even though they satisfy the minimum insurance requirements in Pennsylvania—are grossly insufficient. And some companies—even when it is your own insurance company who had a duty to treat you in good faith—can be very difficult to deal with when you are in an accident.
You should not select a policy just based on the price of the policy. Rather, you need to select a policy based on what coverage the policy actually provides.
Unfortunately, what many injured individuals have found out, too late, is that the lowest priced policies often provide inadequate insurance coverage for the extent of the car accident injuries that occurred. A cheap policy may really have insufficient coverage, which may put you, or your loved ones, is a bad position following a car accident.
Often, the price difference between a policy that provides sufficient coverage versus a policy that is grossly insufficient is not even a big price difference in the premiums. You can get significantly more coverage by paying a little more and by selecting the right policy. This is the pay now and save later approach.
We have found that most people who select inadequate policies have done so not because of the price difference, but because they just did not know any better. They fell for the aggressive insurance companies’ marketing of how much they can save you on car insurance. But you get what you pay for, so that less expensive policy in the short-term may end up costing you much more in the long-term when the coverage is insufficient.
Below, we discuss more details about car insurance coverage so that you will understand key concepts.
What is the difference between Full Tort versus Limited Tort insurance coverage?
In Pennsylvania, if you selected limited tort, you pay a lower premium for your insurance. But with limited tort coverage, you may only recover money for your pain and suffering if you have sustained what the law defines as a “serious bodily injury.” A serious bodily injury is generally considered to be a life-changing, permanent injury.
If you choose limited tort and are unsure if you have sufficient injuries, you should consult an attorney.
In Pennsylvania, drivers pay a higher premium for full tort insurance coverage. But with full tort coverage, you have better coverage, and you may recover money for your pain and suffering.
If you select full tort coverage, you will have a much better policy that will protect you more. Unfortunately, insurance companies rarely explain coverage options.
What does Uninsured and Underinsured Motorist (UM/UIM) insurance coverage mean?
This is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without uninsured/underinsured motorist (UM/UIM) coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing.
UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
Please check your policy to ensure that you have selected that your policy includes these important UM/UIM coverage options.
Again, unfortunately, insurance companies rarely explain coverage options. If you would like to talk to an experienced personal injury attorney about your insurance options to make sure your auto insurance includes good coverage, please call us at ThePhillyLawyers.
What should I do if I get into a car accident?
There are several things you can do to protect yourself if you are in a car accident. If you are able:
1. Call the police.
2. Never admit fault.
3. Get all the following information from the other driver: driver’s name and address, owner of the car, license plate number, and insurance information.
4. Take pictures of all the cars, the damage, and the surrounding area—including the street, any skid marks, and any signs or obstructions.
5. Promptly seek medical treatment at the hospital or doctor.
6. Inform your doctor of all your pain and injuries; provide as many details as you can.
7. If your pain continues or increases, keep your doctor updated and informed.
8. Follow up on all treatment recommendations.
9. Call us immediately at 215-884-9300, even while at the accident scene, and we will help you further.
Do I need a lawyer after my car accident?
After a car accident, here are some of the many reasons why having a lawyer is in your best interests:
Insurance companies are large, profitable businesses who train their adjusters to save the company money. Other parties’ insurers often use tactics designed to avoid or deny that their insured driver was actually at fault. They will pressure you to accept fault. They will even try to get a recorded interview from you. You need a lawyer who preserves your rights. You need a lawyer to help you with your own insurance company and to protect you from the other parties’ insurers.
In many accidents, there is often a question of who was at fault. For these disputed liability cases, you need an experienced lawyer who can investigate the issues, who can resolve liability questions, and who has the experience and willingness to take cases to trial.
After an accident, pain and suffering frequently worsens. The effect on your life, your work, and your family can be life-altering. The right personal injury lawyer will ensure that these real life-impacts are considered and valued at settlement discussions and at trial.
Also, the laws and billing practices in Pennsylvania regarding payment for medical treatment can be confusing for people. A car accident attorney can help ensure that your medical bills get paid in by the right parties. Without a lawyer, your bills may go unpaid and become your responsibility.
Additionally, as part of your personal injury claim, the right lawyer for your claim will also look at your future medical expenses, past and future lost wages, and property damage. Because the rules are confusing and insurance companies are often unhelpful, you will need an experienced lawyer to guide you through the process.
After an accident, you will receive many phone calls—the person who hit you, their insurance company, the hospital, the doctors, your insurance company, and more. With a personal injury lawyer, you will have help with all of this. Because we become your representative to handle those calls and inform those parties of what they need to know, ThePhillyLawyers lowers your stress level. That gives you the time and energy to focus on your healing. Call us today at 215-884-9300 and we will be glad to answer your questions. For additional information, please view our car accident page.
John stopped at a stop sign on his drive home from work. Another driver slammed into the rear of his car.
Prior to this accident, John was a hardworking, skilled tradesperson who had worked for over two-decades in his trade. But because of his accident injuries, he was out of work for months.
When John was out of work, it put significant financial strain on his family. Even though he diligently tried to return to work, the accident-related injuries simply would not allow it—he physically could not do what he could do before.
To help John and his family, we aggressively pursued John’s personal injury claim. We investigated the accident. We also made sure he received the best medical treatment and that all his bills were paid.
From the start, we prepared our case as if we were going to a jury trial—sparing no effort or expense—to make sure John would get the relief that he needed.
We gathered all medical records, and we retained the best experts to prepare reports that accompanied our organized and persuasive pre-trial settlement packages.
Our settlement packages are unlike other lawyers’ settlement packages in that we put significant work in at this early stage. We use persuasive images, medical art, and expert reports with our settlement packages. And in John’s case, we even used professional videographers to create a ‘day in the life’ video to capture how the accident injuries changed John’s life.
While our unique approach would have achieved a settlement in most cases, John’s case had two particularly tough sticking points that caused the defendant’s insurance company to persistently refuse to compensate John, even though we had proven that John was entitled to a substantial settlement.
As we got closer to trial, we continued investing time, effort, and resources to prepare John’s case. What became clear is that the defendant’s lawyer, and the defendant’s insurance company, understood we were well-prepared, were serious about securing justice for John, and that we would not give up.
Because of our approach, we ultimately achieved a substantial six-figure settlement for John and his family. Such a substantial award—whether through settlement or trial—is uncommon in Bucks County personal injury cases.
The way we practice—as we share through John’s story—is the way to win a large pre-trial settlement, i.e., show your opponent you are prepared for a jury trial and just keep working until justice is secured.
If you have been severely injured by a careless driver, you need a lawyer with experience who will invest the time, energy, and resources necessary to hold the other driver, and the other driver’s insurance company, accountable to achieve justice and proper compensation for you.
Emmett Madden and ThePhillyLawyers partners with Kilkenny Law to chair their newly founded personal injury and civil litigation division.
R. Emmett Madden, Esq., owner and founder of ThePhillyLawyers—the Delaware Valley’s premier Personal Injury and Criminal Defense litigation firm—is excited to announce our partnership with Kilkenny Law.
Mr. Madden will be chairing Kilkenny Law’s newly incorporated Personal Injury Department. Kilkenny Law, which was founded by former Justice Advocate General Officer and current Montgomery County Sheriff, Sean Kilkenny, was traditionally focused on Municipal Law, Zoning, and Land Use litigation. But now, to offer the best representation to injured victims, these two firms are combining their resources and experience.
If you suffered an injury from a large corporation, a trucking accident, a car accident, or professional negligence, call us. We will provide you strong and aggressive representation to maximize your financial award.
Our client was driving her dog to the veterinarian when a tractor trailer turned into her lane of travel, resulting in a serious accident. She was rushed into surgery with two burst vertebrae, a concussion, and various other injuries. Early in process she contacted ThePhillyLawyers. We made sure she received the best medical treatment and that all her bills were paid. For her case, we hired medical, traffic, and engineering experts, leaving nothing to chance. The truck driver plead guilty in Traffic Court to making an illegal left turn.
After over a year of rehabilitation and treatment, she wanted the entire ordeal behind her. We hired experts proving liability and illustrating the large financial, emotional, and physical impact the crash had on her and her family. The defendants agreed to an early mediation.
Mediation is a process used to settle a lawsuit without costly time-consuming litigation. Jury trials are expensive and emotionally draining. In mediation, the two sides agree to a respected lawyer who acts as a mediator and evaluates all the evidence. The mediator reviews all treatment records, lost wage records, as well as expert reports on future medical expenses, future lost wages and future medical and physical problems.
At mediation, we presented our case as if we were in front of the jury. Overwhelmed and impressed, the defendant’s lawyer and the mediator understood we were serious and made an offer normally only made on the eve of a trial. Experience teaches that the best way to get a large pre-trial settlement is to show your opponent you are prepared for a jury trial.
If you have been severely injured by a careless truck driver, call or text Emmett Madden and ThePhillyLawyers today.
