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Pennsylvania Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I was bitten by a client that has no information about them having a history.

I want to sue for emotional distress & Pain and suffering for this incident. I’m a CNA but I had no idea this person would attack me.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

You are a CNA, if a mental patient attacked and bit you they may have no liability. But just being a CNA does not mean that you assume the risk of being bitten as a part of your job function. The Biter may be personally liable to you for assault, battery or infliction of emotional distress, and... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.

Is this possible I wanted to get advice on how to approach this

Timothy Belt
Timothy Belt answered on Jul 5, 2020

I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »

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1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I received a settlement from an injury, is my wife entitled to any of the settlement ?
Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 21, 2020

If you were married at the time of the injury she would have a consortium claim. She has a legal right to compensation for her claim.

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I am 1 of 5 members of a board. Can I sue a member of the board for mental anguish?
Tim Akpinar
Tim Akpinar answered on Jun 14, 2020

A Pennsylvania attorney could advise best, but your post remains open for a week. As a general premise, mental anguish could possibly be an element of a claim that involves substantial physical injuries. Additionally, there is the tort of intentional infliction of emotional distress. However, keep... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Should I sign a waiver that says including, but in no way limited to, claims of negligence?

HEREBY DO RELEASE (Company) its officers, directors, employees, volunteers, agents, representatives and

insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including,

but in no way limited to, claims of negligence, which I, my heirs,... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

You should consult a lawyer in your home state to answer this question. The answer depends on a number of factors and the following list is not exhaustive: (1) does the offer fairly compensate you; (2) have you considered whether you will need future care and will you incur other medical expenses... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I was sexually assaulted 2 and a half years ago. Is a police report needed to sue for emotional distress?

I never filed a police report, but was preyed on by my friend's friend, having made it known I was not interested in sexual contact multiple times before going to sleep. He waited until I was asleep in my own bed, to "make his move." I suffer from PTSD and am seeing a therapist now,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you were under 18 you have until your 20th birthday.

However, if the person has no money, even if a suit were possible you would have nothing to collect on.

File a police report now. I would contact a womens shelter who can put you in touch with a group in the county where it...
Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: do i have to pay for an answer?
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Not on this website.

If it's in regard to an injury case, call me at 1-800-367-5298 and you can get a free consultation!

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Pennsylvania on
Q: How do I go about filing claim against Purdue Pharma. Before they claim bankruptcy?

I was prescribed 12 - 80mg. OxyContin per day for years and I actually got my script mailed to me each month through a uninsured program.

Tim Akpinar
Tim Akpinar answered on May 4, 2020

Reach out to attorneys who handle pharmaceutical/product liability cases. They tend to be the larger firms that handle class action and multi-district injury litigation. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury for Pennsylvania on
Q: We have a Wall and Driveway on our property. If a Child on Bike trespasses and falls off, are we responsible? Thank you.

The Wall and Driveway were added about 30 years ago with the approval of our Upper Providence zoning officials. The Wall is about 6 ' tall and if a Child fell off, they could be badly injured. How can our legal responsibility be determined ?

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 16, 2020

Yes if this is a dangerous condition and you know children are climbing on the wall you could be liable. You should post signs to warn of any danger.

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3 Answers | Asked in Criminal Law, Immigration Law and Personal Injury for Pennsylvania on
Q: Hi, i recently got assaulted by my ex's new man. Can a person with DACA sue that person? Can i get in trouble?

I have text messages of him getting upset that i was texting my ex. I wanted my shirt back of that she had and he was saying to stop texting her if not he can go about it another way. I texted him saying I'm not here to take her back or anything i just wanted to ask her a question about... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 14, 2020

If you have an unsure immigration status, it's always risky to contact the police. I'm not an immigration attorney, and do not know about the nuances of your DACA status. You should speak to an immigration attorney about that.

In general, however, it sounds like this is not...
Read more »

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Q: Settled, incident 3+yrs ago. Lawyer never contacts us & refused itemized. Over 2x more $ and now being told out of cntry

Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... Read more »

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1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Dear Justia Lawyers!I was inured on the premise of a studio I worked at in 2014.

I still suffer with the injury consequences until this day. Since then the owners split up. Please advise me if there is anything I can do.

Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

I'm sorry about your injuries. A Pennsylvania attorney would really need to answer your question, as it would involve state law regarding statutes of limitations. But your question remains open for two weeks. Contact a Pennsylvania attorney to discuss these, but I'm afraid that in most... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Cancer patient up for transplant was delayed transplant over 3 mos. because there was a more urgent patient.

While waiting with no explanation, transplant became impossible and was told without treatment life expectancy is 6 months to less than a year. Only when asked why the transplant was being delayed, office staff had no answer and doctors were not available for weeks.

Tim Akpinar
Tim Akpinar answered on Dec 15, 2019

I'm sorry for your ordeal. Because of patient confidentiality issues, it is possible you may not be given reasons. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Is it considered assult if a teacher grabs a student and causes bodily injury?

My son was grabbed by a teacher and pulled to another seat, when he was pulled his finger was cut. He is 8 years old.

Tim Akpinar
Tim Akpinar answered on Dec 8, 2019

A Pennsylvania attorney could best answer your question, as it could be defined under state law. As a general point, public entities such as school districts could have short notice of claim requirements. Good luck

Tim Akpinar

7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Pennsylvania on
Q: Would it be considered negligent for a vehicle inspector to not catch worn break lines and nonfunctional emergency brake

I had my vehicle inspected and days later my brakes gave out and the emergency brakes did not work either. This resulted in my spouse crashing the vehicle and sustaining some serious injuries.

Mark Scoblionko
Mark Scoblionko answered on Nov 27, 2019

It very well could be. However, you would need an independent expert to offer an opinion that these conditions existed at the time of the inspection, were within the scope of work undertaken by the initial inspector, and ought to have been discovered.

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1 Answer | Asked in Personal Injury for Pennsylvania on
Q: i fell in a grocery store should i open a liability claim

i fell because there was water on the floor i hurt my knee and hip it happened oct 2nd it still hurts

Tim Akpinar
Tim Akpinar answered on Oct 15, 2019

A Pennsylvania attorney could advise you in the best manner, but your question remains open for a week. You're the one who must decide whether you choose to open a claim. Whether your claim has strong merit is something you could better determine by consulting with an injury attorney in... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I received a writ of summons in Pennsylvania and it says jury trial demanded. What does that mean?
Mark Scoblionko
Mark Scoblionko answered on Sep 28, 2019

It means that you have been sued and that the person suing you has asked for a trial by jury. You should contact a lawyer to represent you.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Pennsylvania on
Q: I was on vacation on a 7 day cruise. Took off and returned in Miami Florida. The last night I was assaulted. I reported

I reported this to the security on the cruise ship and they told me that they had no cameras in anywhere. I was punched by a man on deck 10 of the ship. I have a huge black eye from this. I live in Pennsylvania. Is there a way I Can I still pursue this

Gary Kollin
Gary Kollin answered on Sep 1, 2019

Did you contact the police?

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: My son was playing outside and a neighbor took a door out to the garage that had a window in it. My son kicked the

Window and caused him to have 10-15 stitches is my neighbor liable

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

If your son went on the neighbors property then the neighbor doesn't have an obligation to know your son will engage in vandalism. If your son is young how did he get to the neighbors yard? Who was watching him?

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