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Pennsylvania Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Pennsylvania on
Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse

Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of... View More

Glenn Neiman
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answered on Mar 22, 2024

I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Pennsylvania on
Q: Between a landlord, an original tenant, and a sublessee, who is responsible for injury caused by mold?

sublessee moved in, and a few months later got sick. She tried to sue the landlord, but the landlord said he owed no duty to her because the original tenant was technically her "landlord"

T. Augustus Claus
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answered on Nov 16, 2023

In Pennsylvania, the landlord's responsibility for mold-related injuries depends on the case's specific circumstances. However, landlords generally must maintain their rental properties in a habitable condition. This means they must take steps to prevent mold growth and remediate any mold... View More

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2 Answers | Asked in Personal Injury for Pennsylvania on
Q: Can a defendant entity litigate an accident using a false incident report which implicates plaintiff to a crime
John Michael Frick
John Michael Frick
answered on Sep 24, 2023

Yes it can. The plaintiff will need to prove how the accident actually occurred and impeach the incident report to demonstrate that it is false and the the plaintiff did not commit a crime. This typically involves calling witnesses to the incident to testify in court and offering other relevant... View More

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1 Answer | Asked in Personal Injury for Pennsylvania on
Q: How long does someone have to hand in their home owners insurance to an attorney ?

How long does someone have to hand in their home owners insurance to an attorney ?

I Was bit by a neighbors dog and they haven’t submitted their homeowners insurance policy to my attorney yet. They were mailed 3 letters since 4/20/23. My question is how long does this go on until they are... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 5, 2023

In most states, the homeowner is not under any legal duty to provide his insurance information upon receiving a demand letter from an attorney. In addition, most homeowners policies do not cover dog bites, unless the homeowner pays for an additional “rider” to his policy. The only way that an... View More

1 Answer | Asked in Employment Law, Personal Injury and Cannabis & Marijuana Law for Pennsylvania on
Q: Discrimination at work against Asian , pesticide exposure at work
Tim Akpinar
Tim Akpinar
answered on Jul 2, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. In the brief post, it isn't clear if the pesticide exposure and discrimination are related or separate issues. You could reach out to attorneys to try to set up a free initial consult. I can't speak for... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Why is it hard suing a Dr. for Surgical Malpractice, who works with W.C.?

Was hurt at work, just some bruising, no breaks, no fractures. Plate and screws were rejecting within first hour after surgery. 2 months later, still with infected and now wide open surgical area, the hardware had to be removed or I was going to lose my foot and ankle. The plate and screws were... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Consult with experienced medical malpractice attorneys in the state where this occurred that do not handle work-comp. That way the attorneys will not be concerned with a conflict with work-comp doctors.

Medical malpractice means that a doctor violated the standard of care. A bad outcome...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Can I sue for complications of Uro-lift surgery?

Had colon surgery in 12/22 . Recently had prostate procedure with Uro-lift implant and now can't or with great pain and discomfort bowl movement. I didn't have these issues before this sury

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys in the state where this occurred.

Due to the nature of...
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1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for Pennsylvania on
Q: I have permanent scar tissue on my nose from a pair of safety glasses cutting in and ripping the skin off can I sue

I wear prescription glasses and had to wear a pair of safety glasses over top of the prescription glasses the safety glasses had a sharp edge on the bottom and kept ripping into my skin kept cutting in my skin I tried many different pairs of the safety glasses and they all did the same thing they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It sounds like you may be working in an industrial, lab, or other setting where the glasses may be part of your safety gear in the course of your employment. If that's the case, it's possible you... View More

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... View More

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1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: is this case at all solvable?

While I was riding the thread on the right upper part got loose and part of the fork shot out. The pressurized part hit firstly my face (my cheekbone was broken) and then it hit my right eye so badly that it damaged my eye completely (eye nerve was damaged, eye was broken onto 3 parts, lower eyelid... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I'm sorry for your injuries from this terrible accident. From the description, it sounds like a mechanical (thread) failure on the front end (fork) of a two-wheeled vehicle. The best way to answer your... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Misdiagnosis of psoriasis when it was skin cancer led to surgery on my scalp and significant hair loss.

The PA who treated me said I had psoriasis on my scalp and prescribed a steroid. No biopsy was done. It didn't clear up, and I went to a different practice for my next body check. That Dr. said it's not psoriasis, took a biopsy and found it to be squamous cell carcinoma. It had been... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 23, 2023

You have a potential case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may effect the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Misdiagnosis of psoriasis when it was skin cancer led to surgery on my scalp and significant hair loss.

The PA who treated me said I had psoriasis on my scalp and prescribed a steroid. No biopsy was done. It didn't clear up, and I went to a different practice for my next body check. That Dr. said it's not psoriasis, took a biopsy and found it to be squamous cell carcinoma. It had been... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends on whether the PA’s fell below the standard of care in the PA’s area of practice.

One study found PAs in a dermatology practice are more likely to order skin biopsies than dermatologists and that PAs diagnose fewer melanomas in situ, suggesting the accuracy of PAs may be...
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2 Answers | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: My lawyer have my check for about a month and won't release it to me and I keep asking but no real answer what can I do

They said they were waiting for the insurance company to send them a letter I'm writing their limitations. I emailed and asked the first emailed no response I had to emailed again and asked for a update and was told they will have a update still no update about when will my check be released... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some of the details aren't fully clear here, but it sounds like it's possible you haven't yet signed the release papers. If that's the case, insurance carriers typically want those papers in... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: My lawyer have my check for about a month and won't release it to me and I keep asking but no real answer what can I do

They said they were waiting for the insurance company to send them a letter I'm writing their limitations. I emailed and asked the first emailed no response I had to emailed again and asked for a update and was told they will have a update still no update about when will my check be released... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

Sometimes there are delays in negotiating insurance liens on your settlement recovery. Sometimes, someone went on vacation, or the papers are just sitting there on someone's desk. Putting your inquiry in writing in the form of a certified letter probably wouldn't hurt.

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1 Answer | Asked in Personal Injury, Car Accidents, Health Care Law and Insurance Bad Faith for Pennsylvania on
Q: Can a heathcare provider file a lien against my MVA settlement even though Medicare and Medicaid paid my medical bills?

I was the victim in a motor vehicle accident while enrolled in Medicare and Pennsylvania Medicaid as my health insurance. I have zero co-pays, deductibles, and out of pocket fees. I know I have to repay both Medicare and Medicaid from my settlement. Under normal circumstances, “balance billing”... View More

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If you had an attorney on the case, they would be in the best position to answer this - from the case file records, they would probably know how this medical provider billed, their arrangement for payment,... View More

1 Answer | Asked in Estate Planning, Family Law and Personal Injury for Pennsylvania on
Q: Need help. My babies were put in kinship, across state lines, with their uncle who broke fiduciary oaths..

After my fiancee was killed ($250,000 wrongful death payout cannot currently be accounted for), his brother used loopholes to take all of my family's assets, sabotage a CPS case, and then have my (1 and 3 year old babies) placed in his custody. Vehicles he sued me out of led to lost... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In Pennsylvania, there are very many judicial tricks one can pull to deprive a loved one of money, property and family. Using certain words that trigger judicial reaction based on a policy or an assumption about the public will work wonders. The simple act of filing petitions and not serving the... View More

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Can a dentist preform a procedure on a minor, after a doctor already cleared them from further procedures the day before

I signed a consent for dental procedures to be done. On 11/2/2023 a doc saw my son did X-rays applied fluoride and said he was good to go and see his private dentist in 6 months. Tje next day a different dentist saw him and said he needed a filling and did the procedure and no one called me

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

How broad was your consent? Does the consent you signed cover the "different dentist" who did the filling?

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Pennsylvania on
Q: Can I sue a hospital for continuing to employ an NURSE convicted of corruption of minors in ER HANDLING MY CHILD

The nurse that took care of my 2 yr old child in Montrose er Pennsylvania on march 27 2023 had previously been convicted in JUNE 2022 of corruption of minors and indecent assault.

I want to sue the hospital and administration for negligence n allowing my child to be in physical contact... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 4, 2023

If there was improper contact with your child there is a valid lawsuit.

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Health Care Law and Landlord - Tenant for Pennsylvania on
Q: i have injured my left knee Bad just getting out of the tub shower, EVEN after my Drs orders MONTHS before. i have proof

and i am made to feel some BAD personal Discrimination going on in my case, with the office and now maintenance said he would report me for getting upset after the floor tile cement had still not dried after 5 days, [ have picts ] and said he would report me for trying to hit him with my cane,... View More

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You mention having a pro bono attorney. These concerns may be better to bring up with your attorney than on a public forum where no one knows the details of your case. Good luck

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: I collected workers comp due to covid but the manager that disobeyed higher ups and put me in a covid inffested area

the manager and i work for different company's can i sue?

Timothy Belt
Timothy Belt
answered on Aug 1, 2023

If the manager works for a seperate company, you may have a cause of action against him and possibly his employer. I would suggest that you contact a local attorney to review your options.

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