Brodsky Smith has represented, and continues to represent, many individuals in serious personal injury matters. The firm has successfully litigated trial verdicts and has achieved millions of dollars for their clients in cases involving nursing home neglect, vehicular accidents, wrongful death, workman’s compensation and premises (slip and fall) accidents. We are experienced in dealing with insurance companies and protecting our clients’ rights.
We have handled many cases involving automobile accidents. These cases range from automobile accidents involving modest injuries to those in which death has occurred. We also represent clients in actions against their own insurance companies, uninsured and underinsured motorist cases, when the responsible party either has no insurance or not enough insurance to pay for the damages caused.
In handling many slip and fall cases we have experience in cases that involve steps, tile floors, wood floors, sidewalks and other surfaces. A slip and fall is a generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting or even a hidden hazard such as a gap or hard to see hole in the ground. Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. These conditions may be obvious, such as ice or snow on a sidewalk, or hidden, such as a hole in a lawn that may be obscured by grass. In general, an owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs.
Brodsky Smith handles workers’ compensation claims on behalf of its clients. The Pennsylvania Workers’ Compensation Act provides benefits to workers injured on the job or having an occupational disease regardless of who was at fault or of 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. These benefits do not include any 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 certain circumstances.
In addition, the firm is proud to have changed the law in Pennsylvania regarding the liability of medical and nursing home facilities when they are found to have violated either the Omnibus Budget Reconciliation Act (OBRA) or the Older Adult Protective Services Act (OAPSA). Specifically, in McCain v. Beverly Enterprises, Inc. CV-02-657, Judge Ludwig reversed the prevailing case law in the Eastern District of Pennsylvania, and other jurisdictions, and held that while a private right of action did not exist for plaintiffs against medical facilities for violations of these statutes, plaintiffs were still entitled to bring a claim for damages under a negligence per se theory. This holding in essence lowered the burden of proof for injured plaintiffs when the defendants have been held in violation of these statutes by a state or federal agency. Since this decision, courts around the country have cited this case to expand the law for Plaintiffs in other jurisdictions.
If you or anyone you know sustained a personal injury, please contact us via phone at toll free 877-LEGAL-90 (877-534-2590), or by email at clients@brodsky-smith.com.