Philadelphia Injury Attorney Blog

Over the past 33 years as a catastrophic injury and wrongful death attorney, I have represented countless families who lost loved ones as a result of a catastrophic product failure, product defect, medical malpractice, amusement park accident, or motor vehicle accident.

What all of these cases have in common is that the victim has left behind a surviving family, family member, or friend who wants to make sure that this event never happens to anyone else and that the victim’s death was not in vain.

While many portray trial lawyers and their clients as greedy and concerned only about the money, the truth of the matter is trial lawyers are the unsung heroes and policeman of society. Unfortunately, many industries are improperly regulated or governed by a patchwork of regulations and the pursuit of a trial lawyer to seek justice is truth in action.

Although death may be irrevocable, if it is caused by the wrong of another or corporate entities, we act as the protector. Wisdom establishes the rule of right and honesty and the pursuit of justice in the name of one who died wrongfully shall always be held in the highest expediency. The revelation of truth behind the actions of wrongdoers serves to strengthen and improve the safety of dangerous products in the marketplace and regulate the dangerous actions of others.

Our goal as trial lawyers is to ensure that safety never is trumped by profitability and that even during difficult times of recession, powerful interests with the wrong agenda do not shortchange the lives and safety of others. We remain committed to improving the lives and safety of others through the pursuit of truth and justice and remain committed and fortunate to use our skills as trial lawyers to help those less fortunate and protect them from the actions of others that lead to the loss of their loved ones.

I have been actively practicing law since 1979 and yet many times when I meet colleagues who are trial lawyers they cannot help but tell me how much they hate the profession and can’t wait to get out. Many of my colleagues drink to forget and eliminate the stresses of the profession. On the other hand, there are many lawyers such as myself and my partners who love to practice law and feel blessed to have the opportunity to represent so many wonderful clients in need of our services. The practice regularly gives us energy as rise to new and different legal and interpersonal client challenges.

Since 1979, I have vigorously represented clients who have been catastrophically injured or wrongfully killed due to the negligence of another or due to a defectively designed or defectively manufactured product. I have always been amazed at how insurance companies and their “hired gun" defense attorneys attempt to minimize the value of a life changing injury, disfigurement, loss of reputation, impairment of mental and physical capacity, frustration, humiliation, degradation and an non-inclusive list of other factors when these same people will purchase pieces of art at prices in the millions or hundreds of millions of dollars. I have often asked myself why is a piece of art worth more than the value of a lost life or worth more than the injuries sustained by one whose life has been catastrophically changed due to the negligence of profit seeking motives of another. I have understood that as an experienced Philadelphia trial lawyer, I deal with situations on a daily basis where we must face the value of our client’s lost hope or dreams and yes, while many of the cases involve some of the most depressing facts that one could conceive, I still believe that in representing seriously injured clients, the loss of their dreams is much more important than the intangible value of a piece of art and have always given of myself 110% percent to help my injured clients and their families recover compensatory damages necessary to keep their dreams and hopes alive. Being a lawyer defines my life and I look forward every day to giving the best counsel possible to my clients. I understand that the greatest use of a life is to spend your time doing something that will outlast it and I know that the finest trial lawyers that I work with love what they do and understand that the pursuit of justice is truth in action. We understand that every individual and corporate entity has a responsibility for injustice anywhere in life and everywhere in the community.

I was recently at an outdoor sporting event squeezing my way through people seated in the bleachers when I almost tripped and fell through one of the large gap openings. Although my wife many times tells me that I can be a “klutz", on this evening I saw many other people fall forward as their legs and feet almost slipped through the large gaps. What immediately came to mind, particularly as a Philadelphia premise liability and slip and fall injury lawyer, was that there was a significant risk of harm to innocent and unknowing visitors at the game. Yes, similar types of bleachers are used for sporting events, graduation ceremonies, parades, and other activities and often are constructed very quickly without giving a thought to proper guardrails, violations of building codes, and more importantly proper lighting which would illuminate or warn potential victims of a danger. Many of the bleachers in use today are not required to comply with building codes. However, it is important for the operator of the event, and owner of the bleachers to provide a safe sitting and walking arrangement to all who occupy the bleachers with an emphasis on slip and fall protection.

The U.S. Consumer Product Safety Commission takes this so seriously that they recommend retrofitting measures for many bleachers currently in use. The CPSC retrofitting measures recommends details for proper placement and arrangement of railings to prevent falls.

If you or a loved one has sustained an injury or fallen from a bleacher, it is best to immediately contact an experienced premise liability and slip and fall attorney who will work with experienced architects, civil engineers, as well as warning, illumination, and product defect analysis experts to determine who should be held accountable for resulting injuries. As always, the experienced Pennsylvania slip and fall accident and premise liability lawyers of Reiff and Bily offer a free, no obligation consultation. If we are successful in a recovery, you don’t owe us a dime. For over three decades we have successfully represented victims and their families in Pennsylvania and throughout the country jointly with co-counsel assuring that justice is served. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

I recently resolved a case for a confidentially significant amount of money for a young woman who sustained permanent injuries and severe scarring when she was struck by a heavy self closing corridor door in her school hallway. The young lady was walking with friends through the school hallway and a heavy glass paned corridor door closed quickly on her. She put up her hand to protect herself whereupon her hand broke through one of the “safety door" glass panes.

The experienced Pennsylvania premise liability and product defect lawyers of Reiff and Bily hired an engineer and architect to examine and analyze the circumstances of the glass failure and the results of the inspection and analysis were more concerning and alarming then one would believe. Each one of the “safety" doors had 15 rectangular glass panes with exposed areas of panes approximately 8" x 14". I remember being in school when doorway and window glass panes were a wired glass and hexagonal chicken wire pattern yet these doors were just clear unlaminated plate glass. Not only that, the doors were old, heavy doors with failing hydraulic closers mounted at the top that were leaking oil or fluid creating excessive force. Architecturally, there is a difference between safety glass and fire rated glass. Safety glass is intended to reduce the likelihood of severe cuts to people as well as resist breaking in the first place. Wired glass is not safety glass but many times individuals operate under the common misconception that it is. When the school doors were analyzed, they failed a closing speed and closing force test in that they closed in approximately two seconds versus the suggested five second minimum. Obviously, anyone attempting to prevent the door from closing on them would naturally put their hand in the air and the combination of the force of the door closing and the lack of safety glass presented a hazardous and grave danger of high magnitude to innocent and unknowing students. Of course, it is reasonably foreseeable for a student to instinctively put her hand up to block a door closing. Many times, doors have push plates which are fastened to doors for the purpose of providing a spot for pedestrians to place their hands to push a door open. In crowded conditions the chance of missing the plate inadvertently is great and not all students, especially younger ones, understand to use the plate.

Our case was successfully settled against the building owner and school who was determined to be responsible for safety and maintenance and should have noticed non-safety glass used on these doors and should have foreseen that a grave accident such as that caused to our young client. Our skilled premise liability and glass accident lawyers were able to prove violations of applicable property maintenance codes including those of BOCA, ICC, and City codes. The hazardous conditions were easily correctable at a minimal cost. Failure to take action fell below the duty of care owed by institutional facilities such as the school to students attending the school and their parents. Our skilled school accident lawyers were able to prove that the hazards and engineering and architectural failures created a grave danger to students resulting in a substantial confidential resolution prior to trial. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over thirty years, I have worked closely with the medical community in my capacity as a lawyer investigating and litigating cases involving closed head traumas and mild to severe brain injuries, as well as intracranial hemorrhages. Many times individuals who do not possess proper medical insurance do not receive adequate or proper screening after an accident or violent impact to their head. Left untreated, a mild TBI or intracranial hemorrhage can have a considerable impact in the reduction of one’s quality of life and can many times lead to death if improperly diagnosed.

Studies and statistics have indicated that African-American and Hispanic children are less likely than Caucasian children to receive cranial CT scans in emergency departments following minor head trauma according to a study presented at the 2011 American Academy of Pediatrics national conference. Many physicians that I have discussed this situation with claim that those who sustain a minor head trauma “are probably at low risk anyway" for a clinically important brain injury. However, one’s socioeconomic status or lack of insurance or ignorance of the insurance and billing systems should not stand in the way of a proper diagnosis and the safe practice of medicine. Many times an impact to the head is the result of a car accident, product defect, or other type of negligence, and third party’s and third party insurance companies may be responsible for medical bills and resulting financial, emotional, and payment of medical bills. Simply stated, I have noted that many individuals contact our office with symptoms of traumatic brain injury and closed head trauma and have not received proper medical treatment because they were afraid that they would be responsible for paying the bills and did not have adequate personal medical insurance. In fact, many hospitals and physicians will not treat these people unless there is a letter of protection from a lawyer representing them or the lawyer’s office has done the ground work to secure funding for the diagnostic testing. What we do know is that individuals with a moderate or severe traumatic brain injury have a much lower health-related quality of life at times compared to others. It is important to immediately diagnose and effectively treat a brain injury.

Continue reading "Why Is It That Mild Traumatic Brain Injuries and Intracranial Hemorrhages Are Not So Readily Diagnosed. Is It A Patient Or Medical Issue?" »

Over the years, as an experienced catastrophic accident attorney , I have represented a number of clients who were injured at a gym, or on a ski slope and the business owner or operator attempted to deny coverage or liability due to an exculpatory clause in the contract, membership agreement, or lift ticket that stated that the facility waived any liability in the event of an accident.

Pennsylvania law provides that an exculpatory clause or a clause waiving liability is valid if it does not violate any policy of the law, the contract is between persons relating entirely to their own affairs and each party is a “free bargaining agent", and is not in effect a contract or adhesion whereby one party simply adheres to a document which is powerless to alter having no alternative than to reject the transaction entirely. Even if a clause in a contract is determined to be exculpatory, the Supreme Court has established standards that must be met before it will relieve one from liability that the law would otherwise impose.

1) It must be strictly construed since it is not favorite of the law.

2) It must spell out the contention of the parties the greatest particularity so as to show an intent to release from liability beyond a reasonable doubt by express stipulation, no inference from words or general import can establish it.

3) It must be construed against the parties seeking immunity.

4) The burden to establish immunity is upon the party who asserts it.

Obviously if you or a loved one has suffered a catastrophic injury or wrongful death at a business entity, property or recreational facility of another, a clause attempting to limit or extinguish their liability may not necessarily release the offending party from their responsibility for injuries and accidents. Many individuals and lawyers pay heed to the chilling effect of these clauses and do not understand that such communication must be understandable without ambiguity or deception and may often call for the involvement of an experienced catastrophic injury or wrongful death lawyer.

For over three decades, the experienced Pennsylvania personal injury and Philadelphia premise liability lawyers of Reiff & Bily have successfully tackled some of the nation’s toughest defendants and largest corporations on a no recovery, no fee basis representing the interests of consumers. We believe that safety and not profitability should be priority one, and our skilled catastrophic injury attorneys have a successful track record holding wrongdoers accountable. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

If you watch television or listen to the radio, there will be many advertisements boasting of successful outcomes with the newest fad diet. Many of us have tried these diets and bounced from one to the other only to recognize that you should not believe everything you read or hear. The truth of the matter is that the selection of the proper diet for oneself, like the selection of a lawyer, requires careful research and discipline. As I watch TV, I see many ads from lawyers, many who are even out of state, promising to recover “tons of money" and fight hard. Yet many of these people have never personally handled a case or litigated a case and are mostly engaged in marketing opportunities where the case could possibly be referred to another law firm for a percentage of the fee (known as a referral fee) or given to younger and inexperienced lawyers in their firm.

Choosing a lawyer, unlike choosing a diet, may be one of the most important decisions that a catastrophically injured person or the family or an injured or wrongfully killed person may make in their lifetime. Many victims who are catastrophically injured will sustain immeasurable economic, financial difficulties and loss, costs of medical rehabilitation, as well as emotional loss. Obviously this is where the experience of your lawyer counts. You should be careful in your selection of a lawyer to represent your all important legal interests making sure that he or she is actually in your state, that he or she will actually participate in the investigation or prosecution of your case, and that he or she will be available to answer your questions or concerns 24/7. Don’t be afraid to ask the lawyer how many cases like yours he and his law firm have handled, and inquire into the attorney’s disciplinary history and whether or not he had ever been sanctioned or received discipline. It is also not a bad idea to check independent and valid rating systems. Is your lawyer a Super Lawyer? Has your lawyer been highly ranked by Avvo? Has your lawyer been ranked independently by Martindale Hubbell with the highest possible ratings? Do you feel comfortable with your lawyer and his staff? Is this lawyer someone I can trust? Can you relate, is this someone you feel has the heart, soul, and mental capacity to successfully prosecute your claim? What does your “gut" tell you. Can he or she be trusted? Ask for references. Has your lawyer achieved a preeminent rating or been selected as one of the top attorneys in the state? Unlike a diet which people will quickly give up on or change after not seeing the promised results. When you select a lawyer, it is not so easy to change. Do your homework and research in the beginning before engaging in one of the most important journeys of your lifetime.

The City of Philadelphia is currently dealing with an EMS crisis where lives are being put at risk due to the fact that EMS units are still arriving late to calls nearly 40% of the time. It is an excepted standard that EMS units should arrive at the scene of an emergency in less than 9 minutes. Several years ago, City of Philadelphia audits indicated that EMS units were only achieving the standard 60% of the time. City Controller, Alan Butkovitz, stated “The City is putting lives at risk by failing to do all that it can to have EMS units arrive on time. The response time is still well below the 90% industry benchmark." Butkovitz stated that a major factor contributing to EMS inability to arrive on time is the overwhelming demand on the EMS system along with an inadequate number of paramedics. The City Controller made a number of recommendations to address this situation. However, of paramount concern is that the City of Philadelphia and Fire Department must take all necessary and reasonable steps to improve EMS response time and to increase the number of paramedics available to staff EMS vehicles.

The law firm of Reiff & Bily has joined forces with the Beasley Firm and together the Beasley Reiff Law Group now offers for free “My Lawyer - Travels With Me" iPhone and Android application to help Pennsylvania residents who are involved in a catastrophic accident.

The law firm of Reiff & Bily and the Beasley Firm are two nationally recognized law firms dedicated to serving those who have been catastrophically injured or wrongful death due to defective products, medical malpractice, premise liability, and amusement park or water park accidents. Together our lawyers have been awarded over $2 billion dollars in verdicts and settlements since the mid-1950's.

Our new “My Lawyer - Travels With Me" application will provide all of the tools to those injured in an accident to take timely and lawful action in order to protect their legal interests and financial future.

I received a call from an acquaintance whose elderly mother sustained a fractured hip and rapidly went into a severe physical and emotional decline requiring permanent assisted care and nursing support as a result of a slip and fall accident at a supermarket. The slip and fall took place at a retail store, and unfortunately, more than six months passed before the victim who has now entered a state of dementia as a result of the injuries, decided to contact a lawyer. A preliminary investigation revealed that surveillance films no longer existed, and it was impossible to secure independent witnesses or the identity of parties that caused the accident. In fact, it became extraordinarily difficult to even begin the basics of a proper accident reconstruction.

There is an important lesson to be learned here. When a victim’s life has been seriously altered due to a serious slip and fall or premise liability accident, it is important to immediately consult a serious premises liability and slip and fall injury lawyer who has a reputation for honesty and excellence that can honestly provide answers to questions. The proper preparation of a slip and fall or premise liability case requires immediate attention by experienced investigators, attorneys, and perhaps engineers. Premise liability injuries that occur on another’s person property often cause some of the most devastating injuries. Slip and fall or premise liability accidents are hard fought by insurance companies as they involve complex and difficult statements of facts and quirks in the law. Every case is unique with facts that must be applied to fact specific laws, and therefore, it is important to act immediately to get an independent evaluation by an experienced premise liability and slip and fall lawyer if you wish to properly protect your legal interests.

The experienced Philadelphia premise liability and slip and fall lawyers of Reiff & Bily have over 30 years of experience on their side and have had many multi-million dollar slip and fall and premise liability recoveries on behalf of their clients. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently a jury awarded $826,000 to a 60-year old woman who tripped and fell over a broken section of curb that she did not see due to the failure of a flood light which did not illuminate the area of the fall. The fall victim sued the apartment complex alleging that a broken curb and non-operational floodlight created hazards on the premise and that the defendant failed to properly maintain the premises and repair the broken curb and light. There was no claim made for future medical expenses or lost earnings. The defense made an argument that the victim should have been able to see the curb defect without an existing light and that she tripped and fell on her own due to the fact that she was wearing high heeled shoes and her dog had twisted their leashes around her legs.

Slip and fall cases are always vigorously defended. The owner and occupiers of the land or premise where the slip and fall accident occurs have different degrees of responsibility to victims according to the status of the person who was injured. Slip and fall victims are classified as invitees, licensees, or trespassers. Slip and fall injuries that occur on another person’s property are very common and often result in serious or catastrophic injuries and many times in cases of the elderly with a broken hip can lead to life threatening situations.

The experienced Philadelphia slip and fall and premise liability lawyers of Reiff & Bily have recovered millions of dollars in settlement for victims and their families. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As a Philadelphia car accident and catastrophic injury lawyer who has been representing catastrophically injured victims, and their families, for more then three decades, I worry that internet and television marketing by many lawyers has led to a high number of victims and their families receiving what many would consider to be improper and inadequate legal representation. Many lawyers just look for an “Easy A". Too many times attorneys hoping to earn a quick and easy referral fee will spend tens of thousands of dollars even hundreds of thousands of dollars a month designing websites or TV advertising that inaccurately portrays their abilities. It is the goal of these attorneys to make perspective clients believe they are hiring experienced attorneys, who have recovered multi-million dollar verdicts, and are amongst the top car accident lawyers, truck accident lawyers, S.U.V. van rollover lawyers, medical malpractice lawyers, and Products liability lawyers in the field.

Lately I have received an alarming number of phone calls from seriously injured car and truck accident victims who were mislead by what I call a “parasite lawyer". A “parasite lawyer" is a lawyer who oftentimes lacks experience but attempts to conceal this by purchasing “black hat" internet links and creating embellished website content to make prospective clients believe they are hiring an experienced lawyer or law firm to represent their legal interests when in reality they are hiring a lawyer who simply thereafter refers their case to another attorney for a fee. I call this the “Easy A" system whereby an inexperienced attorney, or an attorney who has no interest in representing you or your loved ones, tacks a fee onto your recovery for doing nothing more then referring your case to another attorney. Frequently many of these marketing attorneys operate their websites from out of state and have creative advertising joint and cooperative ventures with other lawyers and law firms creating the illusion that they are something more then they really are. Always pay attention to the disclaimers and small print at the bottom or end of the advertisement as it quickly passes you by.

If you or a loved one has been injured in a car accident, truck accident, tractor trailer accident, bus accident, boat accident, S.U.V roll over accident, 15 passenger van rollover accident, amusement park accidents, premise liability accident, slip and fall accident, burned in a fire, bitten or attacked by a dog, the victim of inadequate security, falsely imprisoned, sexually assaulted, injured on a cruise ship, injured on a plane, in a construction accident or injured as a result of a defective product or medical malpractice you may be eligible to recover for your injuries.

As an experienced and highly rated Pennsylvania Super Lawyer with decades of experience, whose law firm has handled and collected hundreds of millions of dollars in recoveries for catastrophically injured victims, and their families, as well as those who have sustained wrongful deaths, I strongly advise that you personally interview the attorney who will be handling your legal case. Do not be afraid to ask for references. Make sure that he or she is regularly available to meet and speak with you about your case as it develops. Make sure your case is not being handed over to a paralegal or newly graduated lawyer who might lack the required experience. Inquire whether or not the lawyer has ever had any disciplinary issues or is even licensed to practice law in your state. Inquire about independent and non biased reviews of your lawyer from third party ranking or rating organization. Check the attorney's ranking on Avvo or the Martindale-Hubble record of standing. Never be afraid to get a second opinion from another lawyer if you don't like what you are hearing or don't feel comfortable as the case develops.

After all you only get one bite at the apple, and the selection of your lawyer may be one of the most important lifetime decisions that you will ever make.
Chance will always favor the prepared mind.