Archive for Uncategorized
May 24, 2013
In February New Jersey Democratic gubernatorial candidate, Barbara Buono, suffered minor injuries when her car was involved in an accident. She was leaving an event and being driven home by an assistant when her driver attempted to turn and collided with an oncoming car. The 59-year-old senator suffered a minor injury to her forehead.
Buono’s injury sheds light on the fact that car accidents and injuries occur in all walks of life. While Senator Buono likely had a team tasked with ensuring her safety, accidents are sometimes unavoidable. This is why you need a car accident lawyer who understands negligence, product liability, and more when dealing with personal injury cases.
Consider this: Automobile accidents continue to be the leading cause of injury and death in the United States, according to the National Highway Traffic Safety Administration. In 2008 alone, more than 34,000 deaths occurred. Many more were injured. A qualified personal injury lawyer can help you through these troubling times.
In some cases the accident may be caused by negligence. Sometimes that negligence falls on those responsible with maintaining safe and drivable roads. Other times the injury or death may be the result of a vehicle defect, which opens the door to product liability lawsuits. In the worst cases there may even be the option for wrongful death lawsuits.
If injuries occurred, you may need an experienced car accident lawyer to recoup medical expenses, loss of past and future income, mental trauma, pain and suffering, and more. Edith Pearce and her team offer just that. We will examine the situation, look at the facts, consult expert witnesses, and review paperwork, all on your behalf. The bottom line is that Edith Pearce and her team at Te Pearce Law Firm provide you with dedicated representation. We will fight for the financial compensation you deserve. The goal is to relieve you of the legal burdens so you can focus on healing.
Don’t wait. Call a Pearce Law Firm, p.c. lawyer today for more information or to schedule an appointment. The sooner you call, the faster we can get working on your case. Schedule your consultation today.
Posted in: Accidents & Injuries, Automobile Injury Law, Car Accidents, Uncategorized
January 15, 2013
On September 23, a Lancaster County college sophomore, Paul Zeigler was killed while riding his bicycle near the campus of McPherson College in McPherson, Kansas. Paul, 20 was a member of the school’s tennis team and worked in the school’s sports information office.
According to local police who just released additional information on the accident, Zeigler was struck around 1 p.m. when a truck veered across the centerline and struck him. The 17-year old driver was distracted by something on the front seat. Edith Pearce noted that in 2009, 630 people were killed and over 51,000 injured in crashes with motor vehicles in the U.S. according to the National Highway Traffic Safety Administration.
Pennsylvania residents need to know that bicycle riders do not always get the respect and right of way they are entitled to under the law. Cars and trucks tend to overlook or just ignore cyclist’s rights on the roadway. Unfortunately when a car or truck collides with a bicycle, the cyclist tends to suffer more severe injuries than in a regular car accident.
Family and friends of the young Paul Zeigler are devastated by the death of this extraordinary young man, and even though alcohol and drugs are not considered contributing factors to the crash, the driver is still at fault.
A bicycle accident lawyer can help victims or victim’s families with expert representation to successfully litigate these cases. These cases require specialized knowledge because of the extent of investigation and costs often associated with the serious injuries that are often the result of these accidents.
Damages that can be awarded to victims in a bicycle accident include medical expenses (doctor, hospitals and treatments), loss of current and future wages, and compensation for future disabilities ranging from scars to loss of mobility or limbs. An experienced bicycle accident lawyer can help victims and families ensure that they have the resources to care for their families moving forward. It’s important to contact a lawyer as soon as possible while information is still clear and witnesses are available.
Posted in: Uncategorized
September 5, 2012
On February 12, lawyers representing Abebe Isaac reached a settlement agreement with the city of Philadelphia following his fatal shooting by a Philadelphia police officer. The shooting occurred while the police officer was in hot pursuit of a man who was considered armed and dangerous. After the man entered a home in East Germantown and pointed a gun at police, the officers opened fire, discharging 11 bullets. Stray bullets entered the home and injured three people. Mr. Isaac later died of his wounds. A Pearcelawfirm.com attorney, who represented Mr. Isaac’s family in the matter, stated that he hopes the $1.8 million settlement will be used to support Mr. Isaac’s three children who were left fatherless.
When the beneficiaries of such a settlement are minors, The Pearce Law Firm lawyers should be aware that both the Common Pleas Court and Orphans’ Court must approve the settlement. According to the Orphans’ Court website, it “serves to protect the personal and property rights of all persons and entities that may not be otherwise capable of handling their own affairs.” This group is not limited to orphaned children, but also includes incapacitated persons, decedents’ estates, nonprofits and trusts. Orphans’ Court is charged with acting in the “best interest” of the children or incapacitated individual or other entities under its jurisdiction and couch its approval with several conditions on the distribution of the settlement award. The Pennsylvania Rules of Civil Procedure guide the allocation of settlement funds to minors. If the net proceeds are less than $10,000, the defendant may make a direct payment to the minor or his guardian. In the case of Mr. Isaac’s family, the settlement will likely be deposited into a savings account in the minor’s name. Unless authorized by the court, no withdrawals on the account are allowed until the minor reaches the age of 18, at which point he receives all proceeds of the settlement award.
Posted in: Philadelphia Lawyer Commentary, Uncategorized
March 31, 2011
Last week, the U.S. Food and Drug Administration has announced that Terumo Cardiovascular Systems Corporation (TCVS) has just signed a consent decree of permanent injunction. Two of the company’s officers, Mark A. Sutter, president and CEO Mark Lincoln Vice President of Quality Assurance and Operations have had to personally sign the decree.
According to reports, the consent decree is being filed in the U.S. District Court for the Eastern District of Michigan and the Department of Justice, Office of Consumer Litigation, and the United Sates Attorney’s Office. The consent decree will prohibit the manufacturing, sale, and distributing of two heart-lung bypass systems and other cardiovascular devices to new customers.
During an FDA inspection that spanned from January through March 2010, numerous cGMP and MDR violations at the company’s Ann Arbor manufacturing facility were revealed. These violations could cause serious injuries to patients in the Philadelphia area and across the country. Violations included deficiencies in processes for corrective and preventive action, nonconforming product, complaints, purchasing, process validation, design controls, and adverse event reporting.
The company that made the devices, TCVS has previously profited $35 million for the sales of the devices. This amount will now be paid to the federal government as part of the legal action taken by the FDA. Additional disgorgement amounts will be charged should it fail to comply with the provisions of the consent decree in a timely manner.
This decree is meant to protect residents of Philadelphia and hospital patients across the country. If you or a loved one has suffered injury due to a faulty medical device or has been the victim of medical malpractice, contact a Pearce Law lawyer today.
Posted in: Uncategorized
March 15, 2011
In the wake of a horrendous weekend bus crash that killed 15 in New York, a tour bus en route to Philadelphia crashed just after 9 p.m. last night taking the lives of two men, a passenger from Royersford, Pennsylvania and the bus driver. The Pennsylvania tour bus was carrying 43 people including 3 children when it crashed on the New Jersey Turnpike near East Brunswick, ejecting the driver through the front window and instantly killing him. The other man was partially ejected through a side window and died of his wounds in the emergency room. Five additional passengers suffered serious personal injuries and were hospitalized. Numerous other bus passengers were treated at area hospitals for minor injuries.
Operated by Super Luxury Tours Inc. of Wilkes-Barre, Pennsylvania, the bus was traveling from New York City’s Chinatown to Philadelphia when it hit a guard rail and concrete abutment which sent it careening across two lanes of traffic before it crashed. Police impounded the bus and are inspecting it for possible mechanical and electrical defects. This is the second injury accident for Super Luxury Tours in the past 2 years. The bus company has been previously cited for unsafe driving, fatigued driving and driver fitness,
Last night’s fatal bus accident comes on the heels of the horrendous weekend tour bus crash on I-95 in New York that killed 15 people and injured another 20, hospitalizing 8 with critical injuries. In that accident, the bus scraped a guardrail before falling on its side and colliding with a utility pole that peeled back the roof of the bus, leaving bodies strewn across the highway.
Initial investigations into the New York bus crash have revealed that the driver of the World Wide Tour’s bus was a convicted felon with several outstanding traffic violations including a suspended license which should have made him ineligible for a commercial driver’s license. Click here.
Next time: Victim’s rights
Posted in: Bus Accidents, Uncategorized
May 30, 2008
Many times clients involved in a potential Philadelphia personal injury lawsuit cannot wait many years for a case to go to a Philadelphia jury verdict and then be fought on appeal. The Pearce Law Firm, a well-known personal injury and trial attorney firm in Philadelphia and recently again named a Pennsylvania Super Lawyer by Philadelphia Magazinein its June 2008 issue, sometimes recommends sending a case to mediation.
This happened in a recent personal injury case headed to trial in Philadelphia. The result of the mediation was a total settlement for Plaintiff of over a million dollars. Learn more here. The Philadelphia personal injury lawsuit arose out of severe personal injuries suffered by a minor at the time of the incident, when his hand was pulled into a defective machine. There were numerous parties and many issues which may have taken many years before going to trial in Philadelphia and many years thereafter on appeal to the Pennsylvania Appellate Courts. The main issues involved which of the parties was in control of the defective equipment and factory at the time and whether the personal injury lawsuit was barred in Philadelphia because of the Pennsylvania Workers’ Compensation Act formerly known as the Workman’s Compensation Act. Lastly, as often occurs in these type cases, the defendants argued that the Plaintiff was at fault for negligently having his hand too close to the machine. This defense, known as contributory negligence has been discussed in detail in a former article.
Philadelphia injury lawyer Edith Pearce decided to recommend mediation so that her client, who was in college at the time, could obtain a quick and speedy recovery and not fight the case on appeal for years. As highlighted on the Philadelphia personal injury attorney website of the firm, Edith Pearce‘s motto is “Working Towards Settlement While Aggressively Preparing for Trial.” Edith believes that some cases are appropriate to submit to mediation. As noted by the Dispute Resolution Institute, mediation consistently saves the parties significant time and litigation costs in a Philadelphia personal injury lawsuit without reducing their ability to effectively present their case. Through the submission of medical and other expert reports instead of live testimony in front of a jury, there are significant trial cost savings of $25,000 or more which are common in a Philadelphia jury trial. Cases referred to mediation are usually resolved within a couple months from the date the parties agree to submit their case. Also, once the case is settled, there will be no appeals which will further delay recovery. Also, unlike litigation where parties have minimal, if any, participation in selecting the judge and/or jury deciding their case, parties to a mediation proceeding jointly select their mediator. Many times the arbitrator or mediator may be a former judge who is now retired.
In summary, Edith was able to negotiate a million dollar settlement through mediation, and her client was able to receive the money immediately to pay for his college tuition and put money away for savings. While it may sound impressive when one reads that a lawyer obtained a jury verdict in a Philadelphia personal injury case of millions of dollars, the Plaintiff may never receive this money for years. In most cases, the defendant has the right to appeal the verdict and need not pay the Plaintiff any money while the case is on appeal. Thus, mediation might be a good alternative to trial in many cases. If you have any questions about your Pennsylvanian or New Jersey injury claim being submitted to mediation, please contact us or visit us at http://thepearcelawfirm.com so we can discuss all of your choices.
Posted in: Uncategorized
May 26, 2008
Philadelphia Personal Injury Lawyer Edith Pearce has once again been named in Philadelphia Magazine as a “Super Lawyer” in its June 2008 issue. This is the third time Edith has received this honor being voted by her peers as one of the top attorneys in Philadelphia and Pennsylvania. Edith is one of a select few women solo practitioners selected for this honor in Pennsylvania. In also being a member of MENSA and having received an AV rating by Martindale Hubbell, the highest rating for a lawyer by another independent rating service, Edith’s clients can feel confident they have working for them one of the most highly ranked, smartest and best personal injury lawyers in Philadelphia, Pennsylvania, and New Jersey.
The selection of Pennsylvania’s Super Lawyers was conducted by Law and Politics, the publisher of Philadelphia Magazine. Law and Politics recently published its list of Pennsylvania Super Lawyers and described the process as follows:
Law & Politics strictly adheres to a rigorous selection process directed at casting as wide a net as possible, evaluating quality in the most objective possible terms and verifying and validating all data. Different attorney practice areas are separated out, including: civil rights, first amendment, class actions, mass torts, construction accident litigation, employment law, personal injury defense, personal injury law plaintiff, personal injury general, medical malpractice, products liability, workers’ compensation and many others.
The only way a lawyer can be listed in Super Lawyers and Philadelphia Magazine is through this selection process. The determination of whether a lawyer will be placed on the Super Lawyers list is independent of advertising or any other payments. No other legal publisher identifies qualified candidates by using a multi-step evaluation process that incorporates peer recognition and professional achievement. Law & Politics uses a system of nominations, peer evaluation and internal research, which acts as a system of checks and balances. The resulting product is a diverse and comprehensive listing of outstanding lawyers.
In selecting Edith Pearce as one of the top Pennsylvania and Philadelphia attorneys, Law & Politics invited more than 38,000 Pennsylvania lawyers to participate in the nomination process. Lawyers were asked to nominate the best attorneys they’ve personally observed in action. After the vote was tallied, Law & Politics’ research department also searched for outstanding Pennsylvania lawyers by reviewing national and local periodicals as well as legal trade journals, searching professional databases and online sources, and conducting in-person and telephonic meetings with law firms. Then Law & Politics’ research department examined the background and experience of the attorneys, evaluating indicators of peer recognition and professional achievement. The factors considered in evaluating candidates were large verdicts and settlements, bar and/or other professional activity, representative clients, pro bono and community service, experience, scholarly lectures and writings, honors and awards, education and employment background, special licenses and certifications, and other outstanding achievements. Law & Politics divided candidates according to their firm size: large, medium and small (size categories vary from jurisdiction to jurisdiction), and selected those with the highest point totals from each category. Only 5 percent of the total lawyers in Pennsylvania are listed in Super Lawyers.
While this may not be the only way to choose an attorney, it certainly provides a method for consumers to feel comfortable in selecting a Philadelphia injury attorney such as Edith Pearce and The Pearce Law Firm for their case.
Posted in: Uncategorized