April 27, 2023
Drivers and insurers treat ‘jaywalking’ as a case-closing word. Pennsylvania law doesn’t. Crossing outside a crosswalk is a comparative-fault factor — weighed against the driver’s speed, attention, and ability to...
November 10, 2022
A policy limits settlement (also known as a settlement at the policy limits) represents the settlement of a case at the maximum bodily injury limit available under...
March 4, 2022
Eye Surgery Malpractice: When Vision Loss Wasn’t the Risk You Accepted
Eye surgery trades on precision and consent: procedures measured in microns, risks disclosed in forms. Malpractice lives where the outcome traces not to disclosed risk but to negligence — wrong...
February 21, 2022
A neurologist is a physician that is trained to investigate, diagnose, and treat neurological disorders. This is a medical specialty dealing with disorders of the nervous systems.
February 19, 2022
Are Injury Settlements Taxable? The General Rule and Its Traps
The good news arrives first: compensation for physical injuries is generally excluded from federal income tax — the settlement that makes you whole isn’t treated as income. The traps live...
February 16, 2022
Texting-While-Driving Crashes: Provable, and Getting More So
Texting while driving is quickly becoming one of the most prevalent causes of motor vehicle accidents. In 2009, it was reported that 5474 people were killed in...
February 7, 2022
Some anxiety disorders are considered as disabilities by the Social Security Administration for the purposes of granting benefits under the Social Security Disability Insurance program. The anxiety disorders covered include...
February 2, 2022
Contributory Negligence — the Rule That Barred Imperfect Victims
Contributory negligence is legal history worth knowing because insurers still argue in its spirit: under the old rule, a victim even slightly at fault recovered nothing — 1% contribution, total...
February 2, 2022
Vicarious Liability: The Doctrine That Finds the Deeper Pocket
The driver who hit you earns $40,000 a year; the company whose route he was running carries millions in coverage. Vicarious liability — respondeat superior, ‘let the master answer’ —...
February 2, 2022
Ordinary negligence is failing reasonable care; gross negligence is failing it flagrantly — a want of even scant care, the near-indifference zone. The label sounds rhetorical; legally, it’s a key...
February 2, 2022
Pennsylvania decided long ago that crashes are rarely one person’s doing — and built its recovery rule around percentages. The doctrine is called modified comparative negligence, and its two moving...
February 2, 2022
The Medical Malpractice Statute of Limitations in Pennsylvania
Malpractice deadlines look simple — two years — and mislead constantly, because the real question is two years from when. Pennsylvania’s answer involves a discovery rule, an outer limit, and...