We are pleased to announce that Emmett Madden of ThePhillyLawyers has been selected to the 2020 Pennsylvania Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in Pennsylvania.
Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.
The annual selections are made using a patented multiphase process that includes:
The objective of the Super Lawyers lists is to create a credible, comprehensive, and diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
ThePhillyLawyers is grateful for this honor.
Prior to the outbreak of Covid-19, 2020 has been a banner year for ThePhillyLawyers where we achieved over $1.5 million in personal injury settlements. We continue to maintain offices in Philadelphia and Montgomery County, practicing both criminal defense and plaintiff personal injury.
In addition, in 2019, Margeaux Cigainero joined the law firm. Margeaux has a long history of working for such esteemed attorneys as the late Nori Gellman. Margeaux specializes in appellate criminal actions, P.C.R.A. Petitions, and other state and federal litigation. Margeaux is bilingual, as is attorney Emmett Madden.
Other exciting news for 2020 include: ThePhillyLawyers is expanding its outreach into the Spanish-speaking communities of Pennsylvania. As a bilingual and bicultural law firm, our attorneys understand not only the Spanish language, but the needs of Spanish-speaking people throughout Pennsylvania. Whether they have a car accident, immigration problem, criminal defense concern, or any other issues faced by Latinos in Philadelphia area, ThePhillyLawyers has a long history of understanding and appreciating the nuanced issues faced by Latinos and helping advocate for them like no other firm in Pennsylvania. Se hablo Espanol is more than just a statement that our attorneys speak Spanish, it is a commitment to justice for Latinos.
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…)
Any car accident is a horrific experience. This nightmare can be made worse when the person who injures you is intoxicated on drugs or alcohol. People who are driving while under the influence are often going too fast and acting erratically at the scene of the accident. If a drunk driver injures you, it is important to know your rights. (more…)
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.
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.
Can I still bring a premises liability personal injury claim during COVID-19?
Answer: Yes.
Premises liability occurs when your injury was caused by an unsafe or defective condition on someone else’s property that the owner knew or should have known presented a risk of injury to you. Generally, a business/property owner owes a duty of care to all visitors on its property.
If you are injured at a property or business due to the owner’s or employees’ negligence, usually you can hold the establishment responsible.
For a premises liability claim, as the plaintiff you would need to show that: (1) the business/property owner had a duty of care to you; (2) the business or someone acting on its behalf breached that duty of care to you; and (3) the breach of duty of care to you caused your injury.
So while a business/property owner need not guarantee a visitor’s safety in every single respect, it has a duty to exercise reasonable care to keep the premises in a reasonably safe condition.
If I contracted COVID-19 at a business, can I hold that business responsible with a personal injury claim?
Answer: Too early to know.
Businesses have a duty to exercise “reasonable care,” which requires they take steps to reduce the spread of COVID-19. The business should assess risks and observe safety protocols to reduce risks of COVID-19 transmission. These measures may include checking employees and visitors for symptoms, using masks and gloves, sanitizing surfaces, handwashing and using sanitizer, posting warnings encouraging people to follow CDC-recommended 6-foot distances between people.
A claim for liability against a business relating to injuries or death sustained from COVID-19 transmission would be fact-specific and can’t be answered here.
Even though it may feel that the onset of the pandemic and the reopening was ages ago, it is too early to know how the law will address these issues.
In some circumstances, there is even immunity from COVID-19 claims. For example, in an executive order signed by Governor Wolf, limited immunity is granted to individuals licensed or certified to provide healthcare services, emergency services, or disaster services in response to COVID-19. And there are several competing bills covering a wider scope of immunity that are still pending.
Also, while congressional negotiations have been stalled, there have been ongoing discussions about granting civil liability immunity from these types of claims.
Conclusion
The ongoing COVID-19 pandemic raises many questions about safety and liability in public and private spaces.
Keep in mind with any premises liability personal injury claim, in Pennsylvania, you typically have two years from the accident to take legal action against the negligent business/property owner. If you wait longer than two years, it is likely that you will not be permitted to bring your claim. Even during the pandemic, it is important to meet the time limitations period.
If you were injured at a business, restaurant, or property owned by another person or company, ThePhillyLawyers can help. These types of claims could be accidents and injuries from slip-and-falls, dog bites, falling objects or debris, security negligence leading to assaults or attacks, and more.
Our staff is working during COVID-19, and you can contact us to begin the claims process today.
Call or text us at (215) 884-9300.
