OUR PHILADELPHIA LAW FIRM PRACTICES IN THE FOLLOWING AREAS:
PERSONAL INJURY
My Civil Attorney, Kramen Law LLC represents clients with Personal Injury Matters as well as Criminal Defense cases. The following page provides general information about specific areas of Personal Injury Law that our firm practices in. Since each case is unique, it is wise to contact a lawyer in order to get accurate answers regarding your personal injury or criminal matter. (215) 469-3307
Have you been injured in PA workplace accident? Are you out of work due to a work related injury?
If the answer to either of these questions is YES, we can help you!
Workers' compensation, also referred to as workers comp or workmans comp, provides benefits to workers injured on the job or having occupational disease regardless of 1) who was at fault or 2) the previous physical condition of the employee.
Basic benefits include:
Weekly compensation to the disabled worker,
Reasonable, necessary and related hospital, surgical and medical expenses, and
Death benefits and burial expenses to a deceased worker's dependents if applicable.
These benefits DO NOT include recovery for pain and suffering.
The law applies to all injuries or occupational diseases occurring in Pennsylvania regardless of where the worker was hired and may cover injuries or occupational diseases occurring outside of Pennsylvania under specific circumstances.
In the majority of cases, there will be multiple hearings. The general procedure is that the claimant (you) and any of your witnesses will testify at the first hearing followed by depositions (testimony taken outside the hearing room) of your doctor and the employer's doctor. At a later hearing, your employer may present non-medical witnesses to testify on their behalf.
It is not necessary for you to attend any hearing unless advised to do so by your lawyer. The Judge solely decides when the hearings are scheduled.
After all evidence has been presented and the case is closed, the Judge prepares a written decision, which will be mailed to you and a copy to your attorney. Because all Judges are different, this may take several weeks or several months. The Judge's decision can be appealed if an error of law is made. However, the Judge is the final finder of fact and factual issues cannot be overturned on appeal.
Workers Compensation Laws & Settlement in Pennsylvania
Filing a claim for workers compensation can be extremely frustrating, and overwhelming. Allow us to help you through the process, use our knowledge of workers comp laws in Pennsylvania, and ease your burden of filing a worker compensation lawsuit. Our goal for every client is to provide high quality legal representation so that a settlement may be possible, in turn getting them the compensation they deserve for the accident or injury in the workplace.
Pennsylvania Workers' Compensation Act
All employers, including non-profit organizations, must issue workers compensation insurance for all employees. This includes full-time employees, part-time employees, and seasonal employees (but not contractors). Time plays a large role in filing a Pennsylvania Workers’ Compensation claim. Illnesses that occur from exposure to certain hazardous chemicals and materials such as asbestos or benzenes are covered under the PA Worker's Compensation Act. Exposure to hazardous chemicals can lead to a lifetime disability or even death. Under the PA Worker's Compensation Act, work-loss benefit and medical benefits may be covered. Death benefits are usually paid to the dependent survivors given that death occurred from a work- related accident, injury or illness. Dealing with a work related illness can be a traumatic experience especially when a work related injury leaves a person permanently disabled. We fight for worker’s rights so you can focus on regaining your health!
Achieve the settlement you deserve for your workers compensation claim. Our Philadelphia law firm wants to help clients receive the monetary compensation for their work-related injury or illness.
If you or a loved one has been injured on-the-job or sustained injury in the course of doing your job, please contact our office so we can get you the compensation you deserve.
(215) 469-3307
DOG BITE
Dogs are predators by nature and almost always attack with their teeth. Teeth and jaws of a large dog can be extremely strong, exerting up to 450 pounds of pressure psi.Ten times the amount of pressure a human hand can apply to an area. So it is no surprise that dog bites can cause flesh wounds, scarring, broken bones, and permanent nerve and muscle damage.
Children are frequent victims of dog bites.For a child, the injuries may be a matter of life and death depending on where the bite is located. When a dog has "latched on" to its victim, often it turns its head violently and tears flesh creating a more severe injury. This may cause victims to lose large chunks of flesh, sometimes entire limbs, and large amounts of blood -- life-threatening and permanently disfiguring injuries. Cuts and abrasions can also lead to permanent scarring, affecting social lives and mental health. Wounds that limit the victims' mobility may be detrimental to their income or even take away their livelihood.
Puncture wounds are the most common type of dog bite wound. Any dog bite puncture wound brings a risk of infection and disease. Because of their poor circulation, hands that have been bitten run a particularly high risk of becoming infected. Studies have shown that infections happen in 15 to 20 percent of dog bite wounds and that risk increases if the victim has a prior chronic health condition.
Owner Liability for Dog Bites
If a dog bites you, you have responsibilities if you wish to recover for your injury. First you must determine who the owner of the dog is. In most states, the owner of a dog may be held liable for the injuries it causes, provided that the owner knew (or had reason to know based on the animal’s history) that the dog had "dangerous propensities." Determining whether an owner knew of an animal's "dangerous propensities" can be difficult. Most courts have ruled that an animal owner is responsible for knowing both the particular and general potential for his animal to cause harm. Therefore, even if the owner of a pit bull had never seen his pit bull act viciously or violently, he/she might still be held responsible for an attack by the dog because of “the propensity of pit bulls in general” to be aggressive dogs. In this situation, the owner has "constructive notice" of the dog's vicious propensities. Viscious propensities may also be inferred from the circumstances surrounding the attack.
Some states have what is known as "strict liability" for dog owners whose dogs bite or attack others causing serious injury. Under this theory, an owner is legally responsible, or liable, for an animal bite, regardless of whether the owner did anything wrong with respect to protecting others. Under strict liability, even if the owner had no reason to know that his or her animal was dangerous, if the animal bites someone, the owner is still liable for the injury caused by the dog.
About 2/3 of the states follow a “one bite rule” according to statute. Dog owners may be held civilly or criminally liable for the actions of a dog with a prior history of violence. Violations of leash laws and similar laws also render an owner liable for their animal's actions.
Pennsylvania Dog Bite Owner Liability
Pennsylvania and a handful of other states may require only that the dog had violent tendencies that the owner should have known about before the dog bite attack in order for liability to attach. With proper safety precautions, owners with prior knowledge of their dog's violence can prevent further injury. Muzzles, special leashes, mouthguards, and shock collars are available to control a dog's unruly behavior.
In Pennsylvania, compensation from an owner of a dog that had no bite history is based on the degree or severity of the injury that the dog inflicted. Severely injured victims, or injury victims who have had bones broken or have disfiguring lacerations that require either multiple stitches or sutures, or cosmetic surgery from a dog bite attack are entitled to recovery for medical expenses, other losses incurred, as well as legal damages. It must be proven that the dog inflicted the injury (1)without provocation and (2)the owner is the actual owner of the dog. Non-severely injured parties are entitled only to medical expenses incurred from the dog bite attack.
Potential Defenses in Dog Bite Cases
If the dog owner adequately warned others that the dog was dangerous, and took measures to keep the dog away from people, a person who ignored those warnings and was injured by the dog might not be able to successfully sue the owner. In this situation, the injured person’s behavior under the circumstances was "contributory negligence" or "assumption of the risk."In other words, he or she failed to exercise the degree of care for his or her safety that an ordinarily prudent person would exercise under similar circumstances. If the owner can show that the person bitten by his or her dog had actual knowledge of the risk of injury from the animal, but voluntarily exposed him or herself to that risk of injury anyway, a court can bar the injured person from recovering damages. If the dog owner is claiming either "assumption of risk" or "contributory negligence," the dog owner has the burden of convincing the jury.
An animal owner may also argue that the injured person provoked the animal, and this may be a way for the owner to avoid liability for the bite injury.
Relationship Between Victim and Dog Owner
If a victim is an invitee on the dog owner’s property and is injured without the owner warning of the potential danger of the dog, he/she can be held responsible.If a person is a trespasser on the dog owner’s property, the dog owner will most likely escape liability for the dog bites inflicted upon the trespasser.
Third Party Liability in Dog Bite Cases
Parents of Minors: Although some dog owners may be under 18 years of age, in many states, an injured person can bring a claim against the minor's parents, even if the parents had no involvement with the dog.
Landlords: If a landlord knew or should have known that a tenant owned a dangerous dog, the landlord may also be liable for animal bite injuries.
If you or a loved one have been the victim of a dog bite or dog attack, please contact us as soon as possible to discuss your case.
(215) 469-3307
SLIP/FALL
Philadelphia Lawyer who represents seriously injured slip and fall victims in the greater Philadelphia area
A slip and fall accident usually refers to a situation in which a person slips, falls or trips and due to a dangerous condition on someone else's property and sustains injury as a result of that unsafe condition. These cases are categorized under "premises liability" cases, which refer to situations where an individual is injured on the property or premises owned or maintained by someone else and the owner or possessor of the property is held liable for the injury due to the condition that caused the injury.
A slip and fall accident can happen in a wide variety of areas and involve various dangerous conditions. Slip and fall accidents are the #1 cause of injuries in hotels, restaurants and public buildings; 70% of them occur on flat and level surfaces. Slips and falls can lead to serious injuries, including traumatic brain injury, broken bones, chronic pain and even paralysis. Some people have died from serious enough slip/fall injuries.
The National Safety Council's injury statistics estimate that over 17,000 Americans die from falls each year. It has been approximated that 50 percent of these falls or 8,500 falls take place on level or near level surfaces. Many of these fatalities occur to individuals who are 75 years or older.
If you have a Slip or Fall injury claim you can help your case if you act immediately
Our Philadelphia law firm wants to emphasize the importance of preserving evidence as to the exact condition of the premises at the time of an accident. Over time conditions may change naturally or be altered. We need to look at floor materials and finishes, shoe bottom materials and possible floor surface contaminants. An injury victim should always try to obtain or have someone obtain photographs of the scene immediately after the fall. It is also important to obtain a sample of the material that the injury victim slipped on. While you may try to get a sample directly off the floor surface, such sample usually appears on the injury victim's clothing or shoes. Do not wash the victims clothes. You should put the victim's clothes and shoes in a sealed plastic bag as soon as possible after the fall. While precautions cannot guarantee that the victim will prevail such information provides valuable evidence in an investigation.
Slip and Fall injury due to product defects
Since the 1960’s, manufacturers have been building bathtubs with slip resistant surfaces. Over time, however, the slip resistance on a tub’s surface deteriorates from use of abrasive cleaning products and general use. There is an established minimum friction standard for bathtubs.
If a bathtub or shower is slippery, the failure to have grab bars or rails could be a dangerous condition. If you or a family member suffer a severe injury or death, please contact a Philadelphia lawyer at My Civil Attorney, as soon as possible so we can make arrangements to determine whether the bathtub or shower meets the minimum standards before the property owner changes the bathtub or shower.
Weather related slip and fall accidents
A dangerous condition may also exist on sidewalks or in a parking lot where the snow and ice have not been removed days after the storm. Winter weather in the northeast can create treacherous snowy and icy conditions. If property owners do not take care of their property and expose you to danger, they may be liable for your injuries.
If you have suffered a slip and fall on someone else's property, or if you have experienced other premises liability injury in Philadelphia or the surrounding counties of Bucks, Chester, Delaware, or Montgomery, contact us and get the compensation you deserve for your pain. Don't assume the accident was entirely your fault.
(215) 469-3307
BAR FIGHTS
Bars and nightclubs are great places to hang out. However, there may be people who cannot handle the responsibility of drinking alcohol or people who become aggressive and violent when drinking. If you have been assaulted in a bar, nightclub or restaurant, recovery may be available to you through premises liability law.
An employer is generally held liable for the acts of his/her employees as long as those acts occur within the scope of employment. A bar fight is not an unusual occurrence. Often alcohol can impair judgment, verbal arguments ensue and words escalate to punches, kicks, stomps and striking with bottles.
Bar Owner Responsibility
Assaults by third parties (patrons of the bar/restaurant) are generally not viewed as the bar owner's responsibility unless it can be proven that they should have known the attack would happen (i.e. the person was intoxicated and making threats or had a known propensity for violent and unruly behavior) and failed to take steps to prevent it from happening. The bar owner is responsible for monitoring the intoxication level of patrons and cutting off service to individuals who appear intoxicated in order to avoid dangerous situations. The bar owner is also responsible for running an orderly establishment and intervening as quickly as signs of disorder appear.
Bar Fight Injury
Often times victims of assaults in bars or night clubs have multiple injuries that require medical attention, medication and/or surgery. Injuries may be catastrophic or permanent in nature in brawl types of altercations. The majority of bars and night clubs have video surveillance systems that record the activity in the building. If you have been assaulted in a bar you should contact the police immediately and request that the detective obtain a copy of the video surveillance for the time you were a patron at the bar. These videos, which can be powerful at trial, must be obtained in a timely fashion as most surveillance programs overwrite old video after a number of days.
If you or a loved one has been the victim of an assault in a bar, night club or restaurant in Pennsylvania or New Jersey, please do not hesitate to contact a lawyer at My Civil Attorney.
This website provides general information about cases represented by My Civil Attorney. My Civil Attorney will only provide legal advice after having entered into an attorney-client relationship. Use of this site does not constitute an attorney-client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. If you are in need of legal assistance contact a lawyer at My Civil Attorney directly.
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