How are Personal Injury Damages Calculated in Philadelphia?

How are Personal Injury Damages Calculated in Philadelphia?

If someone we negligent in an accident and you ended up getting hut, you deserve to be rewarded. Speak with an experienced personal injury attorney to help you get a lawsuit file so you can get the compensation you deserve.

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Proving Sexual Abuse at Schools & How to Make Your Case

Proving Sexual Abuse at Schools & How to Make Your Case

Unfortunately, sexual abuse happens and sometimes it happens at the one place where children should always feel safe, schools. Proving sexual abuse at a school and making a case can be a difficult situation to go through, but with the right legal representation, you can get the help you need.

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What to Do If You Need a School Bullying Lawyer in Philadelphia

What to Do If You Need a School Bullying Lawyer in Philadelphia

Unfortunately, school bullying is more prevalent than ever, mainly due to the rise in technology and social media. It may even get so bad that you might need to seek legal representation, and when you do, you need to know what to do and how we can help.

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Factors Affecting Settlement in a Personal Injury Lawsuit

What factors affect injury settlements? A former University of Pennsylvania student who was paralyzed from an accident at an off-campus residence has reached an $11.6 million settlement for her injury claims, The Philadelphia Inquirer reports. Lorna Bernhoft’s injury occurred while she was at a student gathering at the residence. She fell through a raised skylight from the fourth floor, which happened to only be covered by flex board and carpet.

For Bernhoft’s case and others, what are some factors that affect an injury settlement?


  • The extent of the injuries.If the injuries in the case are not that severe, the parties may consider settlement as opposed to taking an injury claim to trial. For example, if the medical bills and compensation a plaintiff is seeking for his or her injuries add up to an amount that is far less than the cost of trial preparation, then settling may be a more practical choice.

  • Potential damages if the case went to trial.There are many factors to consider with regard to your potential damages if your case actually goes to trial. Depending on the evidence and strength of your case, you will have to consider what your actual net recovery will be after you pay your attorney fees. In addition, settlement may be more attractive than court-awarded damages, as the latter may be tied up in appeal. This is especially important for victims who need money soon.

  • Publicity concerns.Unfavorable publicity is something that both sides of a lawsuit often consider. Civil court trials are open to the public, and this includes the media. If the parties would much rather have the matter be resolved privately, then settlement becomes a much more ideal option.

  • ADR recommendations.Many injury settlements arise from Alternative Dispute Desolution (ADR) processes such as arbitration and mediation. A mediator or arbitrator may help all parties reach a negotiated settlement in a manner much quicker and more cheaply than pursuing litigation would.

Most personal injury lawsuits do not see the inside of a courtroom because of the time and money associated with litigation. However, there are still many factors one should keep in mind when negotiating a settlement for their lawsuit. Make sure that you consider all your options by contacting an experienced personal injury attorney at Edelstein Law, LLP. (215) 893-9311.

Bike Accident Due to Road Conditions

Who is responsible for your injuries while riding a bike on the Philadelphia Streets when the road condition itself causes your injury?

Usually the City of Philadelphia is not responsible for your injury and even if they are, you must prove a permanent injury as a result of the defect to recover against the city.  There are instances when other companies caused the defect and can be held responsible.

The streets of Philadelphia are maintained and governed by the Philadelphia Street Department.  It is important for all defects to be reported to the Philadelphia Street Department.  The Street Department itself separates the kind of road defects into three categories: potholes, cave-ins and ditches.

A pothole is a hole in the asphalt of the road.  They are usually caused when water trapped under the roads surface freezes and then thaws, causing the asphalt to weaken.  They can also occur when temporary road fixes shift or crack.  Cave-ins and sinkholes are actual cavities in that penetrate through both the asphalt and concrete base of the road.  A ditch, usually rectangular in nature, is an excavation in the roadway.  These are usually created by plumbing or utility companies who work on underground lines. 

Take caution while riding.  Report all defects to the Streets Department.  If you are injured, be sure to take photographs of the area, the actual defect and any utility companies working in the area.  If you were injured while riding your bike, it is best to consult a lawyer to determine if you have a case.  Schedule your free consultation with the attorneys at Edelstein Law today!

No Fault System in PA


Pennsylvania is one of a dozen states (plus the District of Columbia) that uses a “no-fault” system when it comes to financial responsibility for injuries one sustains in a car accident. In a no-fault state, a driver usually turns to his or her own insurance policy to get compensation for injuries up to the Personal Injury Protection (PIP) limit, regardless of who was at fault for the accident. 

Another wrinkle in Pennsylvania is that drivers have the option of choosing between no-fault insurance and traditional insurance coverage. Going the traditional coverage route means that all options are on the table after a car accident. You can sue the at-fault driver, but by doing so you are opening yourself up to a lawsuit if you are to blame for the accident.

If a driver chooses no-fault, a liability claim or lawsuit against the other driver can still proceed, but only if the accident involved a “serious injury” under Pennsylvania state law, which usually means something more than soft tissue injury. A “serious injury” in Pennsylvania typically requires serious impairment of a body function or permanent and serious disfigurement,

Keep in mind that the no-fault rules only apply to personal injury. If you have suffered property damage as a result of the accident, the at-fault driver can still be on the financial hook for those losses.

For more information on how Pennsylvania No-Fault law operates, call the experienced attorneys at Edelstein Law: (215) 893-9311.