Author Archives: Brad Pinzur
Pennsylvania Commonwealth Court Affirms Death Benefits for Common-Law Spouse of Fatally Injured Worker
Under the Pennsylvania Workers’ Compensation Act, relatives of a fatally injured worker may receive death benefits. These benefits serve to compensate surviving spouses, children, and other dependent family members for the loss of financial support. But sometimes legal issues arise concerning the relationship between the dependents and the deceased worker. Common-Law Law Firm A… Read More »
Pennsylvania Appellate Court Upholds Insurer’s Ability to Limit Automobile Accident Defense to Named Driver On Insurance Policy
Loaning out your car to a friend or relative may seem like a natural thing to do to help them out during a move or an emergency. One thing to keep in mind before a vehicle is loaned or borrowed is asking whether or not your auto insurance policy covers other drivers or other… Read More »
Pennsylvania Superior Court Reverses Ruling Requiring Alleged At-Fault Physician to Disclose His Alcohol Treatment Records
In all Pennsylvania personal injury suits, the allegedly at-fault party must owe a duty to the injured person. If the defendant fails to uphold his or her duty under the law, and an injury results because of the failure, the injured person can receive compensation for the expenses incurred, which include lost wages and… Read More »
Pennsylvania Appellate Decision Reviews Home Insurers’ Right to Disclaim Liability in Teenage Auto Accident Case
Teenage Auto Accidents As a Pennsylvania driver or home owner, it is important to know what you should expect from your insurance policy if an accident happens. When you sign up for insurance, you likely understand that you can file a claim with the insurance company and receive compensation if the accident or incident… Read More »
Superior Court of Pennsylvania Upholds Deceased’s Estate’s Right to File Wrongful Death Suit Over Arbitration
In Pennsylvania, when parties enter into an agreement with one another, part of that agreement may include a requirement to arbitrate a claim in lieu of filing a lawsuit through the Commonwealth’s court system. Arbitration operates similarly to the judicial system, with an arbitrator deciding the case rather than an elected judge or jury…. Read More »
Pennsylvania Superior Court Allows Disabled Coal-Miner to Pursue Suit Against Insurance Companies
A disabled coal miner was recently allowed the opportunity to pursue damages against an insurance company that provided policies for life and disability insurance as an extension of an auto loan and home mortgage. The policies defined “total disability” as the inability to perform work during the initial 12-month period of any disability covered… Read More »
Third Circuit Court of Appeals Case Reviews Medical Proof Necessary to File a Claim for Diet Drug Benefits
Under Pennsylvania law, a manufacturer or supplier is liable for any harm caused by a defect, if the defect was a substantial factor in bringing about the harm. The product is defective if it lacks any element necessary that would make it safe for intended use, which includes reasonably foreseeable use or misuse of… Read More »
Pennsylvania Superior Court Affirms Award of $85,000 to Driver Injured In Intersection
Pennsylvania created the Motor Vehicle Financial Responsibility Law (MVFRL) to limit personal injury litigation and reduce costs for the insurers and the insured. The insured pays a smaller premium but is limited to the amount of damages he or she may receive if injured in a car accident. The MVFRL states that the insured… Read More »
Pennsylvania Child With Severe Birth Defects Granted New Trial in Personal Injury Case
Experienced litigators are crucial in order to effectively try a personal injury lawsuit. The majority of suits do not go to trial and are often settled before the trial date is reached. However, for those that do go to trial, knowledge of the law and what’s permitted by the civil rules of procedure is… Read More »
Pennsylvania Superior Court Case Reviews Whether Award of Damages Was Proper in Auto Accident Case
In most Pennsylvania automobile accident cases, four elements must be shown in order to recover damages, or monies spent as a result of the car accident to be in better health: 1) duty to the injured person, 2) failure to uphold that duty, 3) injury as a result of the failure, and 4) the… Read More »
