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.
Paul was a college student at Temple University. (Name changed for privacy.) Paul excelled in his studies, his service work, and his social life. Others on campus viewed Paul as a popular, good-looking young man teeming with potential. But two years ago, his life was turned upside down.
After meeting another college student, Paul had a consensual sexual relationship with that newly-met, female college student. But after the relationship, the female college student reported the encounter as rape and sexual assault.
The police assigned a detective. Even though the detective failed to speak with important witnesses, visit the scene, or conduct other important investigation, the detective obtained an arrest warrant for Paul. When the detective called Paul, who was in class at the time, Paul’s initial thought was that it was a SPAM or prank phone call. Unfortunately, this was the start of Paul’s nightmarish reality. Paul and his family have lived in terror knowing the potential jeopardy Paul faced due to these accusations.
Sadly, sexual violence, sexual assault, and sexual misconduct are rampant on university and college campuses. See, for example, Sexual Misconduct survey results released for all Penn State campuses showing 19.6% of undergraduates and 7.7% of graduate/professional students at University Park reported being the victim of at least one instance or attempt of sexual assault. Similar numbers are reported on campuses throughout Pennsylvania. These numbers are startling and terrible.
While such assaults are tragic when they occur, another horrible reality is that sometimes there are false reports of sexual assault. That is, also sadly, false accusations of rape and sexual assault also occur. Statistics vary on the prevalence of false reports of sexual abuse (some studies estimate as low as 2% to 10%) but those numbers are much more difficult to determine. Unfortunately, such a false report was exactly what occurred in Paul’s case.
Paul’s family was paralyzed with the news, and Paul suffered all sorts of collateral consequences from the accusation while he waited almost two years for his trial. Paul’s family needed help.
Paul hired ThePhillyLawyers to defend him against the accusations. ThePhillyLawyers, attorney Emmett Madden and attorney Andrew Alston, thoroughly prepared and investigated pre-trial and then vigorously defended Paul at his jury trial. After cross-examining the prosecution’s witnesses, we presented extensive fact and character witnesses. We showed the jury what the police and prosecution had not. We investigated. While it is not the defense’s burden to prove innocence, by the conclusion of the trial, we had, in fact, proven Paul’s innocence.
The jury returned a verdict. Not guilty of all charges. Paul is now a free man without having living in terror at the thought that his freedom may be snatched away from him. With the jury’s verdict, he and his family could finally start to heal. We were able to achieve justice so Paul and his family can finally start to heal.
The following was written by an observer who watched the trial. She posted the following five-star review on our Google page. We’re proud to share her feedback:
I had the privilege of sitting in on a 3-day criminal case and saw first hand how brilliantly both Emmett and Andrew fought for the rights of my close family friend, ultimately resulting in a deserved “not guilty” verdict. Particularly, I was impressed with Emmett’s relentless cross examination of the plaintiff, resulting in her finally admitting truth she was withholding. Andrew was also extremely skilled in cross-examination and delivered a very passionate and well-planned closing argument that tied together the most crucial nuances in the case for the jury to more easily result in a “not guilty” verdict. These attorneys treated their client as their own family member, and fought for his rights as if he was. His case was taken seriously from beginning to end and I highly recommend these two attorneys.
In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
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.
Emmett Madden was invited by the Pennsylvania Bar Institute—which is recognized by The Legal Intelligencer as the award-winning continuing legal education provider in Pennsylvania—to serve as a panelist and lecturer on criminal defense practice.
The 5 County Criminal Practice legal educational program is the popular annual program that focuses on how to defend successfully a criminal case in the 5 County area—Montgomery, Philadelphia, Bucks, Delaware, and Chester Counties.
The course planners invite five of the region’s highly respected criminal defense lawyers to teach other lawyers the ins and outs of each county’s criminal justice system. Mr. Madden was selected by the course planners of the Pennsylvania Bar Institute to present on criminal procedure and criminal defense in Montgomery County. After developing real-work experience, insight, and skills over many years, Mr. Madden is proud to be recognized as a criminal defense specialist, and he is happy to help educate our next generation of lawyers. Thanks to the Pennsylvania Bar Institute for this opportunity.
If you, or your family member, has been arrested, call ThePhillyLawyers today at (215) 884-9300. We fight to protect your rights and your freedom with personal attention and aggressive representation.
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.
In the past, for a conviction of any offense under a Federal, Pennsylvania State, or other state’s-controlled substances law, in addition to any other penalty, e.g., jail, probation, etc., a person would also suffer the additional penalty of a driver’s license suspension.
That is, after a person with a drug-related offense was prosecuted in criminal court, Pennsylvania’s Department of Transportation (PENNDOT) would then impose a mandatory minimum 6-month driver’s license suspension.
Often, in those circumstances, individuals were not even made aware of that additional civil penalty—the driver’s license suspension—until after being later cited for driving without a license (that they did not know was even suspended). That state of the law created reentry barriers and added hidden civil consequences to criminal prosecutions.
The law, Section 1532, which is found in Title 75—Pennsylvania’s Vehicle Code—was changed in 2019 to eliminate driver’s license suspensions for drug convictions. This month, Section 1532 changed again when the Governor signed, on November 3, 2022, a new version of the law. The new version of Section 1532 eliminates the drug-related driver’s license suspensions retroactively.
This means that for old drug conviction-related driver’s license suspensions that are still pending, now those are to be adjusted as if the driver’s license suspension penalty was canceled. The result is no driver’s license suspensions for new, and old, drug convictions. This is great news for countless drivers! If you need assistance with drug-related, or any other criminal charges, call us to learn how ThePhillyLawyers can help you at 215-884-9300.
Andrew Alston was invited by the Advocacy Program at the Temple Beasley School of Law to serve as a visiting lawyer to deliver a lecture to law students.
His recent lecture was an interactive presentation with a show-and-tell style on the creative use of visuals at trial. He discussed impactful visual technology for lawyers, and he provided an interactive demonstration of sample uses from our real practice. The feedback from attendees shared through the Program Director was that the students loved it.
After developing skills over the years, Andrew is happy to share insight with, and mentor our next generation of lawyers. Thanks to Temple Law and ThePhillyLawyers for this opportunity.
Andrew Alston, of ThePhillyLawyers, is thrilled to have been recently appointed as faculty to the National Institute of Trial Advocacy (NITA).
NITA’s Mission Statement reads “NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial system.”
Andrew has served as an instructor with NITA’s programs over the past three years, and he is proud to now be appointed as faculty. Andrew applies his recognized trial skills to clients at ThePhillyLawyers.
