Updated weekly, this blog will comment on current issues and events related to personal injury law, with an emphasis on happenings in Pennsylvania and New Jersey. We will also provide insight into the particulars of personal injury claims, as well as advice, including choosing the right tort option and what to do when you’re in a car or truck accident. Being involved in any accident – whether it be an automobile accident or a slip and fall – can be a traumatic experience. It can also be a confusing experience that may require the advice and counsel of a personal injury attorney.
DiSandro and Malloy’s boutique atmosphere allows us to give each of our clients individualized attention. With over 50 years of combined experience, we have secured six and seven figure verdicts and settlements throughout the entire Tri-State region, and we have done so while showing our clients the utmost respect and sensitivity.
Call us today to make an appointment for a free legal consultation.
From the mid-1990s until the present, Sport Utility Vehicles (SUVs) have made their presence known in the motor vehicle world. Almost every major car company has manufactured at least one SUV to be sold alongside their cars. Safety and quality have always been advertised as an SUV’s most valuable assets, yet the rate of SUV rollover accidents remains high.
Because of their top-heavy design and narrow wheel track, the National Highway Traffic Safety Administration declares that SUVs are three times more likely than other vehicles to rollover in a motor vehicle accident. Passengers are generally Continue reading
Feeling the wind flowing through your hair and the sun shining on your back as you ride down the open road on a motorcycle is an idyllic experience for many Americans. Regretfully, this peaceful experience is sometimes short-lived when an unsuspecting motorcyclist is involved in an accident with another vehicle whose driver fails to see the approaching motorcycle.
Motorcyclists—High Risk of Serious Injury
Motorcycles are inherently more dangerous to their riders than cars, especially in the event of an accident. If two cars collide, there is an outer shell (the car) that protects each driver from the road as well as the other vehicle. When a motorcycle collides with a car, however, the rider has no protection.
Even when a motorcyclist strictly adheres to the driving laws, wears a helmet, and proceeds with caution, they always have a higher risk of injury or death than drivers of other vehicles. There are many common Continue reading
What is a personal injury lawsuit?
When another individual’s negligence is responsible for your injuries in an accident, you may be able to file a personal injury lawsuit. These lawsuits are governed by tort law.
What is a tort?
Torts are civil wrongs resulting in injury or damages. They are punishable by law to both compensate victims and to deter others from committing similar wrongs. Be sure to consult a personal injury lawyer to pursue a lawsuit since tort law varies from state to state.
What are the most common types of personal injury lawsuits?
- Medical malpractice (surgical errors, failure to diagnose, birth injuries, etc.)
- Workplace accidents/construction accidents
- Motor vehicle accidents (car, truck, SUV, motorcycle)
- Slip and fall accidents
For each of these and many other types of personal injury lawsuits, victims may be eligible for compensation for their injuries. Consulting an experienced personal injury lawyer is your best Continue reading
By law, employers are not permitted to deny employment to potential employees or job-related benefits, promotions, or raises to current employees on the basis of age, race/color, religion, gender, sexual orientation, nationality, pregnancy, genetic information, or disability. If an employer chooses to break this law, they may face an employment discrimination lawsuit.
In the United States, there are several major discriminatory practices affecting our workforce. Among them, gender-based and age discrimination in employment affect a great majority of potential and current employees.
Gender, or Sex-Based, Discrimination
If an individual is denied employment or benefits from employment based on their gender, this falls under sex-based discrimination. Treating someone unfairly if they are connected with an organization that generally associates with people of a specific gender is also unlawful and is included in sex-based discrimination.
The United States is not the only country where sex-based discrimination is an issue. In fact, Secretary of State Hillary Rodham Clinton released a short statement in October 2010 recognizing the UN Human Rights Council for their efforts in reducing discrimination against women in business. They have been working diligently to eliminate laws that do not recognize the inherent human rights of women.
After reaching the age of 40, individuals are protected from age discrimination in employment. These laws prevent employers from treating individuals less Continue reading
As an employee, you are entitled to certain rights under employment law. Among them is the right to a legal, legitimate reason for termination from your employer. If you are terminated and believe the reasons are illegal, you may be eligible to file a lawsuit against your employer for compensation.
The relationship between employer and employee is governed by state and federal laws. Because of this, wrongful termination cases can be very complex and difficult to prove. Those who believe they were wrongfully terminated should consult an experienced employment lawyer to discuss their cases. However, a labor employment attorney will tell you that in order to qualify as wrongful termination, your employer will have had to:
- Be in violation of federal and state anti-discrimination or whistleblower employment laws
- Use the termination as a form of sexual harassment or retaliation
- Violate oral or written employment agreements
- Violate of labor laws, including collective bargaining laws and workers’ compensation laws
If you believe that your termination circumstances qualify as having been wrongful, you may be entitled to compensation from your former employer.
Contact Our Wrongful Termination Lawyers
Railroad crossing accidents are unforgettable images. A 125-250 ton train crashing into a motor vehicle may cause catastrophic damage and severe injuries or death to the passengers of the vehicle. Victims of train accidents need to seek out the legal advice of an experienced railroad accident lawyer to determine if their case warrants legal action against a railroad company.
After a railroad crossing accident has occurred, railroad companies may complicate the case by placing the blame for the accident on inattentive drivers. Our railroad crossing lawyers at DiSandro & Malloy will investigate the circumstances of your accident to check whether or not the railroad company was negligent in their duties to maintain any of the railroad crossing signals, signs, flashing lights, or gates that may have prevented your accident from occurring. If negligence can be shown, you may have a claim against the railroad company.
Train Accident Causes
In 2009, the Federal Railroad Administration Office of Safety Analysis reported Continue reading
Truck drivers are held to strict rules and regulations to ensure the safety of the driver and other motorists on the road. Unfortunately, some big rig drivers fail to meet these regulations in order to make delivery deadlines; their actions sometimes result in catastrophic accidents.
There are many causes of truck accidents, and, regardless of the reason, each accident has the potential for traumatic injuries, death, and damage to other drivers. Some of the most common causes of truck accidents include:
- Driver fatigue/driver distraction
- Drunk driving/drug use
- Aggressive driving/speeding
- Unsecured load/overloading
- Poor truck maintenance/
Those motorists who have survived the accidents commonly report severe injuries such as head, neck, and spinal injuries. These victims and the families of those who have died in truck Continue reading
Doctors have been administering prescription drugs to their patients for years in order to treat illnesses, reduce pain, and ease suffering. For the majority of the time, the drugs work as they should and patients continue leading happy, healthy lives. However, some drugs create more harm than good, and many people are injured or killed from harmful reactions and unexpected side effects.
Clinical trials are required before a drug is able to be brought before the Food and Drug Administration (FDA) for approval. However, most drug trials are not extensive enough to determine the risks for rare diseases or for the multitude of combinations in which the drug could be included. Drug manufacturers are ultimately responsible for any injuries or deaths caused by their products.
Individuals who have taken prescription drugs shown to be harmful and have sustained serious injuries need to seek out an experienced drug litigation lawyer well-versed in prescription drug/product liability law to determine if a case exists and to fight for any and all compensation.
Contact Our Pharmaceutical Drug Litigation Attorneys
If a harmful prescription drug has caused you or a loved one serious injury, you may be able to file a drug litigation suit against the manufacturer. Our New Jersey/Pennsylvania pharmaceutical litigation lawyers at DiSandro & Malloy have the experience and skill necessary to fight for the compensation you deserve from injuries sustained Continue reading
The United States Department of Labor Statistics’ 2009 survey of fatal work injuries shows a total of 4,340 fatal work injuries. Of that total, 816 were due to construction accidents with 1 out of every 4 being construction laborers. Although construction is a hazardous occupation, negligent managers, general contractors or co-workers and faulty equipment leave otherwise safe workers seriously injured, out of work, or dead.
There are many commonly reported types of construction accidents including:
- Unsafe working conditions
- Falls from construction sites
- Vehicular accidents
- Faulty equipment/machinery
- Falling debris
- Getting caught between machinery
- Exposure to hazardous material/chemicals
- Refinery explosions
While this is only a few of the possible circumstances of Continue reading