The similarities to the recent, tragic shooting of Walter Wallace, Jr. are striking. Both men had a history of battling serious mental illness, both come from loving families, both are good people who made poor decisions in a time of severe, personal mental crisis.
A month earlier, my client was admitted to an inpatient mental health hospital. Anyone with mental health experience knows that a psychiatric hospital only accepts a person inpatient in dire situations. The patient must be an immediate danger to themselves or others, a high burden. Insurance companies take full advantage of this high burden and deny payment and discharge patients at the earliest moment. When payment is declined by insurance, the patient is returned to our streets. This is about money and not anyone’s safety.
They sent this young man home, despite being mentally unstable and volatile. But being mentally unstable and volatile does not keep one in the hospital. The situation, unsurprisingly, deteriorated quickly. He became manic and suicidal. He began causing a scene on his block, and the police and ambulance were called. He was outside banging on the front window of his house, box cutter in hand, when a single, white, female officer responded. She pulled her weapon, and the gentleman charged her. His mother told the officer he was suicidal and urged her to run. She ran, but he overtook her, tackling her to the ground.
What happened next is why no one knows either of their names.
He pulled the box cutter and held it to her throat. The officer unholstered her weapon and shot him one time in the leg. He released his grip and rolled onto his back. The officer immediately applied a tourniquet to his injured leg, saving his life for a second time in ten minutes.
My client and his family are eternally grateful for the quick and compassionate choices this officer made. She is safe; the community is safe, and we are trying to get him the treatment he needs. Charges were filed against him. His case is going through the criminal justice system. Most importantly, both the police officer and my client are safe, healthy, and arguably better for this experience. The difference here is that this officer recognized this young man as a person whose life had value, and she purposely did not kill him. She acted with intelligence and empathy—attributes we hope every police officer are taught.
My hope is our city and society learn lessons from this lesser known story—a story with a much better ending than Mr. Wallace.
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.
Can I still bring a personal injury claim during COVID-19?
Answer: Yes.
If you are injured in an accident due to someone else’s negligence, you only have a limited amount of time after the accident to hold the other party responsible. This is called a statute of limitations period, which is a state law. In Pennsylvania, you typically have two years from the date of the 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.
So even during the pandemic, it is very important to meet the time limitations period. ThePhillyLawyers is here for you to begin the claims process today.
Can I talk with a lawyer during COVID-19?
Answer: Yes.
Our staff is working remotely, and you can contact us:
Call (215) 884-9300
Text (215) 884-9300
Can I meet with a lawyer during COVID-19?
Answer: Yes.
We are available to take calls as usual and lots of our communication occurs over the phone—just as it did before the pandemic.
We also use video conferencing since it can be comforting to “see” your lawyer while helping you navigate your personal injury case process. In fact, we have found that some of our clients prefer that option.
We also use secure email and file-sharing applications to avoid having to physically handoff documents. That way, documents that are scanned or photographed can be efficiently shared between lawyer and client.
When face-to-face contact is necessary, we take appropriate social distancing precautions and use the CDC guidelines to protect both you and our staff.
So while ThePhillyLawyers recognizes the seriousness of the COVID-19 pandemic, we are also dedicated to working for our clients and providing the best possible attorney-client experience.
Are courts open during COVID-19?
Answer: Partially—see below.
Since the onset of the pandemic and the beginning of reopening, unfortunately health safety information is evolving and at times contradictory. Here are some general, current guidelines. When possible, some courts are using advanced communication technology to reduce in-person appearances. And, if in-person appearances are required, courts are generally staggering times to help maintain social distancing protocols. For more specific guidelines to each court’s operations, it’s best to consult the court’s website. Here are court website links for COVID-19 updates for the Five County area:
And as always, to best serve our clients, ThePhillyLawyers maintains close contact and professional relationships with the local courts. Our communication with the courts allows us to stay current on what court operations are running and what are still delayed. We still can electronically file time-sensitive motions, and we are in contact with the courts regarding rescheduling court dates that have been postponed.
The United States is dealing with a widespread opioid addiction. This epidemic wreaks havoc on families regardless of their economic status, education, or geography.
Often, those suffering from addiction, whether it be opioids, drugs and alcohol, or a combination, seek treatment in inpatient drug rehabilitation centers. Some are court ordered stays, others are paid through private insurance or government assistance. Despite addiction problems or a criminal record, you still have all the same rights to quality medical treatment.
Inpatient drug facilities are medical treatment centers. They are regulated by the Department of Health and must provide a level of care consistent with both written guidelines and community standards. If you or your loved one is injured or dies while receiving inpatient drug treatment, you do not need to suffer in silence. You need a strong advocate who holds mental health and drug rehabilitation centers responsible for their negligence and misconduct.
ThePhillyLawyers has vast experience investigating and prosecuting cases against mental health and inpatient drug rehabilitation centers. If you or someone you know has been severely injured or died due to another’s mistreatment, we can help. Call us today for a free consultation.
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.
If you have gone to court in Pennsylvania and succeeded in obtaining a money judgment against an individual, you are known as a “judgment creditor,” and you are faced with the challenge of trying to collect on the money that the law says you are owed.
One of the ways that judgment creditors may try to get paid is to use their judgment to require that the employer of the person who owes them the money pay them some of that person’s wages. This process is known as “wage attachment,” and it is often one of the first methods that judgment creditors will consider because it requires relatively little investigation. It is usually much easier to know where the person who owes you money works than it is to know, for example, where he or she does his or her banking. It is also usually much easier for a person to change their bank account than it is to change his or her employer.
Unfortunately, wage attachment can only be used in very limited situations in Pennsylvania.
Pennsylvania statutory law states that an individual’s wages, salaries, and commissions are generally exempt from attachment—that is, they generally cannot be claimed or seized by a judgment creditor—while the funds remain in the hands of the employer, except where a few specific exceptions apply.
The first category of exceptions relate to judgments and orders for child support, spousal support, and other divorce-related obligations.
The second category of exceptions is for judgments for monies owed under residential leases (such as claims for unpaid rent or damage to rented property), and judgments for monies owed due to you providing up to four weeks’ worth of “board” to the judgment debtor while he or she was staying on your property (such as meals, laundry, and housekeeping), whether or not you did so under a lease.
The third category of exceptions is for judgments relating to student loan collection by state agencies.
The fourth category of exceptions is for judgments for the payment of restitution to crime victims or for the payment of other costs, fines or bail judgments related to a criminal proceeding.
Thus, unless the money judgment that you obtained against an individual relates to divorce proceedings, residential lease or boarding situations, or monies owed to you as a result of a criminal proceeding, you will not be able to order the employer of the judgment debtor to pay a portion of the debtor’s wages to you as the judgment creditor.
Judgment creditors who do not have the option of wage attachment can consider several other ways of attempting to collect on their judgment, such as:
Judgment collection is a specialized process that involves many considerations. We recommend that any person or company that is involved in collecting a judgment, or who is thinking about beginning to collect a judgment, consult with a well-qualified attorney who is experienced in litigating judgment collection proceedings.
If you co-own one or more parcels of real estate in Pennsylvania with other people who are not your spouse, and you’re ready to part ways with them, the law does provide a method for splitting up your property and recovering your investment. This method is called a legal claim for “partition.”
A partition action, if successful, results in some form of division of the property, which can take the form of:
Partition claims are often brought by people who inherit a partial interest in a property, people who have purchased a property as an investment with others (but did not create a separate legal entity in the process of doing so), and people who purchased property together in the context of a personal relationship or a family relationship other than marriage. However, partition claims do not require any specific form of relationship among the co-owners, and they can be brought by anyone who owns a property jointly with someone else who is not his or her spouse.
In a partition claim, a court determines whether the co-owners of a property can divide that property and, if so, what each person is entitled to receive. A claimant for partition starts the action by filing a complaint with the court in the county in which the property is located. The complaint identifies the property at issue, the claimant, the nature of his or her ownership interest in that property, and all the other people who also have interests in the same property. Presuming that everything is in order procedurally, the court then generally enters an order that directs the property to be divided among its co-owners in some way.
Once the partition order is entered, the court directs the parties or their lawyers to participate in a mandatory preliminary conference to consider how the property should be partitioned, whether the parties can agree on a plan to partition the property, and whether the court should appoint an experienced person called a “master” to supervise the partition. Most cases that do not settle at this stage have a master appointed.
Once appointed, a master has many powers, including the ability to investigate the facts relating to the property, conduct hearings to resolve any disputed facts, and hire experts like title agents and real estate appraisers. The master’s fees are paid by all the parties to the action, as are the fees of any experts that are hired by the master. Those fees can be paid while the litigation is ongoing, at the end of the case, or some combination of the two.
The master is obligated to prepare a report to the Court that includes his or her recommendations for how to partition the property, and what each party should receive from the division of the property. The law obligates the court (or the master, if appointed) to give preference to physically dividing the property, but that if that is not possible, then enabling a transaction among the co‑owners, if possible, such as a buy‑out. If the co-owners are unable to divide the property among themselves, however, then the property can be sold to third parties, whether at a public auction or through a private sale.
Because a partition proceeding is equitable in nature, the court (and the master, if any) can consider many issues of fairness when trying to determine the value of each person’s interest in the property, including, among other things:
Eventually, once the necessary issues are addressed by the master or by the court, a court order is entered that directs how the partition of the property is to be completed. There are several opportunities for the parties to object to the process, both before that order is entered and after. Because partition is a court-ordered proceeding, the court’s approval is required before any transactions are finalized.
Partition of real estate is a specialized proceeding that involves many considerations. We strongly recommend that any person who is involved in a partition proceeding, or who is thinking about starting a partition proceeding, consult with a well-qualified attorney who is experienced in litigating these kinds of real estate disputes.
