What Can You Expect to Recover in a Wrongful Death Lawsuit?

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What If You Were Partially at Fault for Your Injuries?

How Does Pennsylvania View Contributory and Comparative Negligence?

Wrongful Death LawsuitWhen your loved one dies because of the wrongful act of another person, your losses can be many. The deceased may have been the primary breadwinner for your family, or may have been a source of comfort and guidance in your life. No amount of money can bring them back or make you whole again, but you do have the right to hold them accountable. You may be uncertain, however, just what losses you can seek compensation for in a wrongful death action.

The Types of Damages Available in a Pennsylvania Wrongful Death Lawsuit

As we discussed in an earlier blog, a wrongful death claim must be brought by the personal representative of the estate of the deceased. Parties who can seek damages in a wrongful death action include the surviving spouse, children and parents of the victim.

In a wrongful death action in Pennsylvania, qualified family members may receive compensation for:

  • Unreimbursed medical expenses—This includes the cost of all medical and hospital care required as a result of the accident
  • Loss of financial support—Anyone who can prove reliance on the financial support of the deceased can recover compensation for that lost support.
  • Loss of household services, society and comfort, including moral guidance and loss of companionship/consortium
  • Compensation for pain and suffering
  • Estate administration expenses
  • Funeral and burial expenses

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Can You Sue for Wrongful Death?

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Who Can Bring a Lawsuit for Damages after an Accidental Death in Pennsylvania?

Wrongful DeathWhen someone dies in an accident caused by the carelessness or negligence of another person, it can have far-reaching consequences. While immediate family members may suffer because of the loss of financial support, guidance or companionship, friends and others may feel a tremendous emotional loss as well.

In the aftermath of an accidental or wrongful death, the law provides a mechanism to hold the wrongdoer accountable—a wrongful death lawsuit. But how broad is the scope of a wrongful death action? Can anyone who experienced a loss seek compensation in court?

Standing in a Wrongful Death Action in Pennsylvania

In Pennsylvania, as in other states, a person must have legal “standing” to sue for any type of loss. To have the necessary standing, you must be considered a “real party in interest,” someone with a real and actual loss, as well as the right to enforce a claim for that loss.

Under Pennsylvania law, a wrongful death claim must be filed by the personal representative or executor of the deceased’s estate. Typically, that person will be named in the will, but the court may appoint a personal representative if there is no will. The personal representative, however, acts only on behalf of the beneficiaries of the estate. Those beneficiaries are the ones who are considered to be real parties in interest. According to the Pennsylvania Wrongful Death Act, the only individuals considered to be real parties in interest are the spouse, the children and the parents of the victim. Siblings, cousins, nieces, nephews and other family members generally have no right to compensation through a wrongful death lawsuit.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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A Driver’s Responsibility in Pennsylvania — The Removal of Snow and Ice

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driver cleaning ice off windshield

The Potential Consequences of Failing to Clear Snow and Ice from Your Car

In Pennsylvania, as in other states, the failure to remove snow and ice from your vehicle can be the basis for liability in a personal injury lawsuit. It can also result in a traffic citation. Here’s how it works.

In most personal injury claims (such as a motor vehicle accident lawsuit), the legal theory supporting financial recovery is negligence. To prove negligence, an injured person must first show that the defendant (person alleged to have caused the harm) failed to meet the accepted standard of care. As the law of personal injury has evolved over centuries, it has been premised on the expectation that all persons will exercise reasonable care in all activities, so as not to pose an unreasonable risk of injury to others. The duty to use reasonable care applies to maintaining one’s home, manufacturing and marketing a product and driving a motor vehicle. The question that would be posed, in a motor vehicle accident claim, is whether it was reasonable to expect that the driver would remove snow and ice from the vehicle. If it was, and if the failure to do so caused or contributed to the accident that caused the injury, the driver may be liable.

In 2006, the Pennsylvania legislature passed a law that also made the failure to remove snow and ice a criminal violation. Enacted in response to the death of a woman after a huge chunk of ice flew off a semi and shattered her windshield, the law imposes a fine of up to $1,000 on any person who has snow or ice fall from his or her car and cause injury to another driver, a passenger or a pedestrian.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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What If You Were Partially at Fault for Your Injuries?

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How Does Pennsylvania View Contributory and Comparative Negligence?

Fault for Your InjuriesThe laws governing personal injury in Pennsylvania and other jurisdictions are fundamentally based on the concept of fault, or liability. In a personal injury claim based on negligence, a jury will look at the actions of omissions of a person—the defendant—and ask whether they “caused” an accident that led to an injury. It’s not uncommon for there to be more than one defendant, and for the jury to allocate liability or fault to more than one party. But what happens if the injured person engaged in some careless act that contributed to the injury or made it worse?

Under the law as it existed until about a century ago, an injured person who committed any act or omission that contributed to an accident or injury could not recover anything. This doctrine, known as “contributory negligence,” ruled the day for centuries, but ultimately came to be perceived as unduly harsh and unfair. Defense attorneys would look for any act, material or insignificant, to avoid responsibility. Grossly negligent defendants often escaped liability entirely because an injured party made a minor mistake.

The doctrine of contributory negligence has been replaced in most jurisdictions, including Pennsylvania, with the concept of “comparative negligence.” As a general rule, comparative negligence looks at the total amount of losses suffered, allocates a percentage of liability to each party, and reduces the damage award by the percentage to which the injured party was responsible.

There are two different approaches to comparative negligence. Under the concept of “pure comparative negligence,” an injured party will always receive something, unless the jury finds him entirely responsible for his own injuries. For example, if a person is hurt in a motor vehicle accident and suffers $100,000 in losses, but the jury finds him 60% responsible, he will only collect $40,000.This does not apply in Pennsylvania.

Under the alternative approach, known as “modified comparative negligence,” an injured party’s responsibility must fall below a certain threshold, which is 51% in Pennsylvania, in order for that person to recover anything. Under this rule, if the damages are $100,000, but the injured party is 60% responsible, he will recover nothing. If, on the other hand, he is only 40% responsible, he will recover $60,000.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology

Happy Thanksgiving

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Happy Thanksgiving 2018

We give thanks, today and every day, for you and the trust you place in us. We are committed to building strong relationships with our clients because we understand that strong relationships lead to better results.

We hope that this holiday allows you to spend time with loved ones, to rest, reflect, and give thanks. Happy Thanksgiving!

Bicycling: Protect Yourself and Others

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Bicycle accidents

In Pennsylvania, biking can be a healthy form of exercise and a smart way to travel but all cycling comes with a certain level of risk. In order to avoid collisions, protect one’s self while on the road, and know when your rights have been infringed upon, it is important to be up-to-date on Pennsylvania’s bicycling laws.

A Bicycle is a Car?

The first, and most important, law to note is that in Pennsylvania, bicycles are considered to be a form of vehicle and that every person riding a bicycle on a roadway is subject to all of the rights and responsibilities applicable to the driver of an automotive vehicle (75 Pa. Cons. Stat. §§102 (2016)). Meaning, that while on a bicycle, you have the same rights as someone driving a car or truck and are subject to the same traffic laws. Therefore, cyclists must stop at stop signs and red lights, signal when turning and travel in the same direction as traffic.

Passing:

Motor vehicles are allowed to overtake bicycles but they must maintain a distance of four feet from the cyclist when doing so at a careful and judicious speed. Maintaining this four-foot distance is the responsibility of the motorist, not that of the cyclist. Motor vehicles may also overtake bicycles in a no-passing zone in order to avoid excessive delays, but, this must be done with care while maintaining a four-foot distance.

The same amount caution must be taken when moving back in front of a bicycle after passing so as not to cut off the cyclist and cause a collision. Motor vehicles must also exercise caution when parked and opening doors. The door to a motor vehicle can only be opened four feet from the path of a cyclist. Cyclists should also keep at least a four-foot distance when traveling alongside parked cars so as to avoid being “doored,” which can cause serious injury.

Where Can I Ride?

Bicycles are allowed on sidewalks in Pennsylvania but pedestrians have the right-of-way on both sidewalks and bicycle paths. In order to pass a pedestrian, cyclists must give an audible signal as they approach. In addition, there are certain instances when bikes are not allowed on sidewalks. These instances include busy business districts and when there are bicycle-only lanes present. The parking of a bicycle is allowed on a sidewalk and at the curb or edge of the road as long as the bike does not block pedestrian traffic or other vehicles.

While travelling the same direction as the flow of traffic in the street, it is recommended that cyclists ride close to or on the shoulder of the road; however, this is not required by law. Bicyclists in PA may also ride on the right half of the roadway on two-lane roads and in the right travel lane on multi-lane roads. Cyclists may move from the right-hand side of the road when overtaking another vehicle travelling in the same direction, when preparing to make a left turn, and when an obstruction exists that makes it necessary to change lanes or cross the centerline. In addition to these right-side rules, cyclists cannot ride more than two abreast unless paths or lanes are set aside for the exclusive use of bicycles. It should be noted that changing position in a lane quickly can cause an accident. Cars should always be conscious of cyclists, but the same goes for riders when they know they will need to move over.

Equipment:

Helmets are encouraged but not required in the Commonwealth of Pennsylvania for anyone over the age of 12. If you are not wearing a helmet, it cannot be used against you in a civil suit and you cannot be considered to be contributorily negligent. For those younger than 12, a helmet must be worn when riding a bicycle! This applies for children riding as passengers or riding in attached seats or trailers.

If you are riding a bike between sunset and sunrise, it must be equipped with a front lamp and both rear and side reflectors that are visible from at least 500 feet. In addition, the use of bells or horns is required in certain PA municipalities.

Earphones and headphones are prohibited. No one shall ride a bicycle “while wearing or using one or more headphones or earphones” (75 Pa. Cons. Stat. §§ 3314). While there is a lot of controversy over this point, the basic logic behind the law is that by using headphones, cyclists cannot safely hear the calls of other cyclists or the approach of passing cars. In order to ride safely you must be able to use all of your senses unobscured.

Takeaways:

To allow bicycling to be a fun and convenient means of transportation both drivers and cyclists must adhere to the rules of the road. While on a bike, cyclists should act in a predictable manner with no weaving or running traffic lights. Cars should also then allow bikes the proper amount of space and respect they are due. A failure to adhere to proper safety laws on either operator’s part could result in an irreparable accident.

Premises Liability When You Are Injured on Leased Property

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An old home

In Pennsylvania, as in other states, when you have been injured as a result of dangerous conditions on someone else’s property, you have a right to seek damages for all your losses. That’s because there’s a duty to maintain the premises in such a way that they don’t pose an unreasonable risk of injury to anyone legally on the property. But who is responsible when the person or business actually using the premises is not the owner, but merely a tenant?

As a practical matter, you’ll want to take legal action against both parties—the landlord and the tenant. Ultimately, the insurance companies or the courts will make a determination as to whether one or both parties have liability. There are, however, some general guidelines that courts tend to follow:

  • Residential property — As a general rule, the person responsible for maintaining the area where the injury occurred will be liable. Accordingly, if your injury occurs inside an apartment or rental unit, the tenant will be responsible (unless the injury was caused by a defect in the building, such as a broken step or stairway and the landlord knew of the existence of the dangerous condition). If the injury occurs outside of the residence, allocation of liability will typically depend on the type of property. If it’s a multiple unit where the landlord customarily maintains the property, the landlord will have responsibility. However, if it’s a house or single unit, where the tenant has responsibility for all outdoor maintenance (mowing, shoveling, watering, etc.), the tenant will have liability.
  • Commercial property — In principle, the rules are the same for commercial premises. Injuries sustained as a result of dangerous conditions inside a business structure are typically the responsibility of the tenant. Injuries suffered outside the building are usually attributed to the landlord. There are exceptions, however—if the tenant’s business involves outdoor displays of merchandise or the landlord is aware of dangerous conditions involving fixtures or permanent structures inside the building.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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How the Actions of the Injured Party Affect the Outcome of a Personal Injury Lawsuit

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Outcome-of-a-Personal-Injury-Lawsuit

When you’ve been injured in any type of an accident, one of the first and most important things you’ll need to do is establish who all the potentially responsible parties are. That entails identifying exactly what caused your losses and whose actions contributed to your injuries. What if you were partially at fault for the accident? Are there ways that your actions, as the injured person, can have an impact on your right to recover for all your losses?

Contributory Negligence

The legal doctrine of contributory negligence looks at the extent to which your own actions contributed to your losses. As the law of personal injury evolved over centuries, the doctrine of contributory negligence held that, should there be any degree to which the injured party caused or contributed to his or her own losses, there could be no recovery of any kind. Perceiving this to be overly harsh (and responding to defense attorneys who argued that even the slightest degree of negligence precluded an injured party from any recovery), the modern trend has been toward the concept of comparative negligence.

Comparative Negligence

Under the principle of comparative negligence, the court looks at the total losses suffered by the injured party and reduces that amount by the percentage of liability allocated to the plaintiff. For example, if the total losses were $100,000 and the jury determines that the plaintiff was 25% responsible, the damage award will be reduced to $75,000.

There are two approaches, however, to comparative negligence. Under the “pure comparative negligence” rule, the plaintiff is always entitled to something, even if he or she was primarily responsible. Under the modified comparative negligence standard, a plaintiff will only recover compensation if his or her negligence falls below a specific degree—typically 50 percent.

Failure to Mitigate Damages

There’s another way an injured person’s actions can have a negative impact on a damage award—if the plaintiff fails to act reasonably to mitigate (or minimize) the actual damages. For example, if a person injured in a motor vehicle accident fails to seek medical treatment or refuses to follow the doctor’s prescribed regimen, that person may not be able to recover compensation for damages that would reasonably have been avoided otherwise.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology