What constitutes pain and suffering in a personal injury lawsuit?

In a bodily injury settlement, pain and suffering or “general damages” is a negotiated amount of money to cover the person’s inconvenience, pain, suffering, permanent disability, disfigurement, loss of earning capacity, and future medical expenses. This amount is over and above the claimant’s incurred medical expenses and wage loss, which are called “special damages”.

The settlement is a combination of general damages and special damages and is intended to compensate the claimant to “make him whole”. One cannot literally return a person to how he or she was prior to the accident, so a monetary settlement is awarded to compensate for the loss of quality of life endured.

While pain and suffering has a lot to do with dollars and cents, it’s not just about dollars and cents at the Pisanchyn Law Firm, we care for you the person while also representing you the client.  Our staff, lawyers, paralegals, and other professionals, are specially trained to guide you and help you through each step of your injury case.

If you or a loved one has suffered an injury due to the negligence of another please, call our personal injury lawyers for a free consultation and no win no fee representation.

We do not want to be your attorney only for this case; we want to be your attorney for the rest of your life. Should you honor us by trusting our team of personal injury lawyers to represent you or a loved one’s interest, we will do our very best to never let you down.

Bicycle Accident Prevention

Bicycling is growing more and more popular as gas prices continue to increase and the push for a healthier lifestyle gains more followers. While bicycling has many advantages, both economically and physical, it sadly can be very dangerous. Every year thousands of people are seriously injured or lose their life due to a bicycle accidents.

Follow these tips, and always pay attention to your surroundings to enjoy safe bicycling.

If you or your loved is a bicycle accident victim, you may could receive compensation for pain, suffering, lost wages, medical bills, permanent disability, and other damages. This area of law is very complicated; there are exceptions and technicalities that if you do not know the law can cost you hundreds of thousands of dollars. This is why it is imperative you contact our experienced bike accident attorneys to guide you through this difficult time.
Please, visit our website or call  toll free at 1-800-444-5309.

Summer Travel Tips

During the summer months, families plan summer vacations and travel often, especially "down the shore." It is very important that travelers be very careful during summer vacations.

To help keep you safe this summer driving season, here are a few tips to ensure that your next road trip is a safe one.

1. Check your tires to stay safe and save money. Well-maintained tires provide protection against avoidable breakdowns and crashes, improved vehicle handling, better fuel economy, and increased tire life. Keeping tire pressure at the manufacturer’s recommended level increases fuel efficiency by one mile per gallon of gas — something that’s even more important in the summer when gas prices rise. To check if your tires need to be replaced, insert a quarter into the tire’s tread, with Washington’s head toward the tire. If no portion of his head is covered, the tread is below 1/8 of an inch and you should consider replacing your tires.
2. When packing for a trip, don’t exceed your car’s payload capacity. Your owner’s manual has information about the maximum weight of all cargo and passengers your vehicle can safely carry. Before heading out, also double check that you can clearly see out of all your windows.
3. Manage glare and heat. Keep sunglasses handy and use a sun shield beneath your windshield when parked to keep your car’s interior heat down. Never leave a child or a pet unattended in a vehicle. The summer sun can also dehydrate you during long roads trips so always travel with plenty of water.
4. Summer storms — and even sun showers — require extreme caution. Roads become very slippery in the first few minutes of rainfall because the rain mixes with the oil and dirt on the road. It takes about 30 minutes of steady rain to wash the oil and dirt off the road.
5. Share the road. Warm weather means more bicycles and motorcycles on the road and a spike in road work. The AARP Smart Driver curriculum recommends these tips for avoiding collisions:

• Never share lanes with motorcycles, as they also have use of the complete traffic lane.
• Increase your following distance to four seconds or more when behind motorcycles.
• Constantly scan the roadway in front, to the rear, and to the sides of your vehicle for motorcyclists and bicyclists.
• When going through construction zones, use extreme caution, follow all road signs and look out for pedestrians or workers.

If you are involved in an auto accident while visiting Pennsylvania or New Jersey this summer, contact our office right away for legal help. We have a proven track record of successfully representing auto accident victims. 1-800-444-5309, pisanchynlawfirm.com.

Where will you be traveling this summer? Let us know your favorite summertime destinations and your best advice for getting there safely.

First car crash caused by Pokémon Go

Given the popularity of the new Pokémon Go game and multiple reports of the dangers players may get themselves into we felt it important to share this article posted by Business Insider yesterday.

A 28-year-old driver in Auburn, New York, crashed into a tree on Tuesday night. He was playing "Pokémon Go," the wildly popular new mobile game where players track and catch Pokémon in the real world using their phone's GPS.

This is seemingly the first major car crash caused by a person playing "Pokémon Go." Here's what the car looks like:

Thankfully, the driver is alive and well; according to Auburn's newspaper, The Citizen, "Auburn Police Chief Shawn Butler said the driver suffered cuts to both legs and was disoriented, but was not seriously injured."

According to the Auburn Police Department's statement, the driver "admitted to actively playing the game" while driving, causing him to become distracted and run off the roadway into a tree.
The Auburn Police Department and the New York Department of Motor Vehicles issued reminders about the dangers of playing "Pokémon Go." They are:

• Do not use the application when you are operating a motor vehicle or bicycle.
• Do not trespass on private property when trying to "catch" a Pokémon.
• Be aware of your surroundings when walking and do not stare down at your phone not knowing hazards around you, like roadways, drop-offs, waterways, etc.
• Use caution when sharing your location as strangers can see your location information.
• Travel in groups in public/well-lit locations.

Makes sense!

Given the widespread popularity of "Pokémon Go," criminal incidents have already been tied to the game. Police in Missouri arrested four people suspected of tracking and robbing "Pokémon Go" players. The Philadelphia Police Department issued a warning regarding suspects in robberies involving "Pokémon Go." In one instance, a woman in Wyoming stumbled upon a dead body while hunting for water Pokémon.
 
The game's loading screen specifically says to be mindful of surroundings while playing. Unfortunately for the driver in Auburn, the warning doesn't also say, "And obviously, seriously, don't play the game while driving."

Be safe out there, folks.

Distracted driving, and walking, can cause serious harm to you or others. Please be mindful of your surroundings and pay attention when operating a vehicle or crossing the street. Happy gaming!

$1.5 Million Motorcycle Accident Settlement

A recent Pennsylvania Jury Verdict Review & Analysis summarized the Pisanchyn Law Firm's $1.5 Million Motorcycle Accident recovery.

1,5000,0000 Recover - Motor Vehicle Negligence - Negligent Lane Change - Motorcycle/Truck Collision - Alleged Wrongful Hiring and Retention of Truck Driver - Wrongful Death at Age 65

Lackawanna County, PA
The plaintiff's decedent was a 65-year-old retired male who was operating a motorcycle when he was involved in a fatal collision with one of the defendant trucking company's tractor trailers. The plaintiff alleged that the defendant's truck driver negligently entered the decedent's travel lane and caused the collision. The plaintiff contended that the truck driver was negligently hired and retained by the defendant trucking company. The defendant denied the allegations made by the plaintiff and disputed the amount of the damages allegedly caused by his death.

The decedent was driving a Harley Davidson motorcycle on the Pennsylvania Turnpike in Carbon County October 3, 2013, towards Philadelphia at the time of the accident. The plaintiff claimed that the defendant's tractor tailer encroached on the decedent's lane and pushed it into the concrete barrier. The decedent died shortly after the collision as a result of the injuries sustained. He and his wife were in the process of adopting their grandchild at the time of his death.

The plaintiff argued that, within ten minutes of the fatal collision, the defendant trucking company sent its attorney and insurance adjuster to the scene. When the State Policed requested that the defendant's driver take a drug and alcohol test, the driver refused. The plaintiff alleged that the defendant allowed its drivers to avoid mandatory drug tests and continued to employ the driver in question, despite a poor driving record. including prior driving violations, collisions, and a history of drug use.

The case was settled prior to trail for a total of $1,500,000.00.

REFERENCE
Burke vs. Defendant Trucking Company, Case no. 2013-01206; Judge n/a, 03-25-16.

Attorney for plaintiff: Michael J. Pisanchyn Jr., of the Pisanchyn Law Firm in Scranton, PA.

COMMENTARY
A callus picture of the defendant's behavior in this motorcycle/truck collision case was painted by the plaintiff's counsel. It was claimed, that while the decedent's body laid on the highway with a tarp over it, the defendant trucking company and insurance company could only think about getting to the scene as quickly as possible to minimize its financial exposure. It was also emphasized that the truck driver refused to submit to an alcohol/drug test at the scene.

The plaintiff's position was assisted by a video statement given by the truck driver's then-girlfriend. This witness stated that the truck driver out of "habit" always used drugs while driving the 20,000 pound vehicle. Further, the former girlfriend claimed that the defendant trucking company knew of this and told its drivers in advance when a random drug test would be coming so the driver could prepare to overcome it.

The statements made by the former girlfriend, along with the truck driver's record including several collisions, eight pages of driving violations and a criminal history of drug use, could have proven insurmountable for the defense had the case reached trail. In addition, the plaintiff had evidence of at least one drug test which stated that the truck driver's urine was "Diluted." Thus, the case was concluded by way of a $1,5000,000 settlement.

What are common misconceptions about lawyers?

Are any of the common misconceptions about lawyers true?

Being lawyers, we know and understand the stereotypes against us from the general population. Some of you may have actually met the select few lawyers who fit those stereotypes of being dishonest, scheming, and money hungry. For that, we apologize for the bad taste they have left in your mouth. The lawyers here want to change your perceptions and show you that we really do care for you the person, while representing you the client.

Chances are, if you need to consult with an attorney your circumstances are not good; you have been injured, victimized, and/or wronged in some way. We understand that you are already in a vulnerable state and reaching out for help in that condition is difficult; the last thing you need is what the general population perceives a lawyer to be.

Here’s what you do need; a person aggressive, driven, and passionate enough to fight for you or your loved ones rights. That’s where representing you the client comes in. Being in a legal battle is not easy. It’s time consuming, demanding, and can sometimes strip you of your privacy and normal way of life. In the area of personal injury law, insurance adjusters will call you nonstop, hounding you to settle, bullying you into answering questions that, by law, you are not required to answer. It is a lawyer’s job, once you have selected them to represent you, to protect you and take all that pressure and stress away from you so you can get your life back in order after whatever event has placed you in this circumstance.

Of course, we do make a profit, but that’s another part of representing you the client. The Pisanchyn Law Firm works on a contingency fee, meaning that if we win your case, we will get a portion of the settlement, if we do not win your case, we get paid nothing. Technically speaking, our services in the area of personal injury are completely free to you, because you never have to pay out of pocket for our services. As you can see, the interests of you the client and us the attorneys are aligned, so you know that we will stop at nothing to get you what you deserve.

What you also need is a support system; a group of caring individuals that know you’re going through a difficult time and only want to make it easier for you. That’s where caring for you the person comes in. Sometimes it’s hard to turn to family or friends when going through a legal ordeal. Though you shouldn’t, it’s normal to feel ashamed, embarrassed, or even at a loss for words or emotions. A lot of times victims of personal injury cases lose their faith in people to a certain degree because of how horrible they are treated by the negligent doer, the insurance adjusters, and depending on the circumstances of the incident, people who were once friendly to them. We deal with these emotions and feelings with all of our clients, you don’t need to tell us, we understand.

The Pisanchyn Law Firm has made it a priority that all our clients are treated with respect, care, and are welcomed into a friendly environment. Our staff, paralegals, and attorneys all want to help you in any way we can. We’re here 24/7, seven days a week to listen to whatever you have to say, even if you just want to chat. We want to be your lawyer for the rest of your life, not just for this case and we know that to accomplish this task a personal relationship based on trust must be made. This takes time, time that we enjoy devoting to getting to know you and time that we also devote to defending you and getting you what you deserve.

We believe that this attitude is the attitude of a true lawyer, the kind of lawyer you should base your perceptions off of. We urge you to get to know us, ask us questions, look through our website, give us suggestions, call or stop by our offices to see what a real law firm is all about; whatever you need to separate us from the ill-fitting stereotype we have been given. For more truths behind the myths of attorneys and personal injury lawsuits, visit the Myths section of our website.

Can a Lawyer provide remote "Legal Advice" via phone across state lines?

Can a Lawyer provide remote "Legal Advice" via phone across state lines? What are the limitations of the legal advice?

The answer to this question depends on the nature of the call and what type of legal advice is being asked.  A lawyer can only provide advice for jurisdictions in which the lawyer is licensed.  So, if you are in California and asking a Pisanchyn Law Firm attorney questions on an incident that occurred in Pennsylvania or about Pennsylvanialaw via telephone, that is fine, because we are licensed in Pennsylvania and can provide legal advice pertaining to Pennsylvania law.  If you are asking our attorneys questions that are about California and California law, we have a couple of general responses:

1. This is how it would work in PA but we don’t know the laws of California and are not licensed to practice there.
2. These are the general legal concepts involved, but its California and we are not licensed or familiar with the laws.

Without a license in that state or a special one time admission, no lawyer will appear in Court in that state.  That would be practicing law without a license.

Often times the Pisanchyn Law Firm can refer your case to a local attorney if we are not able to represent you.

Lastly, the Pisanchyn Law Firm has attorneys licensed in both Pennsylvania and New Jersey so we are able to represent you should an accident or injury occur across state lines. The Pisanchyn Law Firm will meet you in any City, Town, or State should they decide to accept your case making it convenient for you. You can reach our injury attorneys via our website or toll free at 1-800-444-5309. We're here for you no matter the time of day, day of the week, and are even available to your on holidays.