Fender-Bender to Lifetime Pain: Why ‘Minor’ Crashes Still Lead to Major Pennsylvania Injury Claims

A dented bumper. A cracked taillight. Maybe a few scratches on the paint.

It looks minor. The insurance adjuster calls it “low impact.” The other driver says, “It’s no big deal.”

But weeks later, you’re waking up with neck stiffness. Headaches won’t go away. Your lower back feels like it’s on fire after sitting at your desk. Suddenly, that “minor” crash isn’t minor at all.

At Cooper Schall & Levy, P.C., we’ve seen it over and over again: so-called fender-benders that turn into serious, life-altering injury claims across Pennsylvania and New Jersey.

Here’s why.

Low Property Damage Does NOT Mean Low Injury Risk

Insurance companies love to argue: “If the car isn’t badly damaged, you can’t be badly hurt.”

That’s simply not true.

Modern vehicles are designed to absorb impact and reduce visible damage. Bumpers flex. Crumple zones distribute force. But your spine? Your brain? Your soft tissue?

They don’t have steel reinforcement.

Even collisions at speeds under 15 mph can cause:

  • Whiplash and cervical spine injuries 
  • Herniated or bulging discs 
  • Concussions and mild traumatic brain injuries 
  • Shoulder and knee injuries from bracing for impact 

Soft tissue and spinal injuries often don’t appear on X-rays. That doesn’t make them any less real—or any less painful.

Symptoms Often Show Up Days Later

Right after a crash, adrenaline masks pain. You feel “okay.” Maybe just shaken up.

Then 24–72 hours later:

  • Neck stiffness sets in 
  • Headaches intensify 
  • Numbness or tingling travels down your arms 
  • Lower back pain makes it hard to sit or sleep 

By that time, insurance carriers are already preparing to argue that your injuries weren’t caused by the accident.

The gap between the crash and treatment becomes a weapon against you.

Pennsylvania’s Limited Tort Rules Complicate “Minor” Cases

Pennsylvania drivers often select limited tort insurance to lower premiums. That decision can dramatically affect your ability to recover compensation for pain and suffering.

To pursue full non-economic damages under limited tort, you must show a “serious injury” as defined under Pennsylvania law.

Here’s the catch:

A crash that looks minor can still cause:

  • Permanent spinal damage 
  • Chronic pain requiring injections or surgery 
  • Long-term neurological symptoms 

What starts as “just a sore neck” can become years of treatment, missed work, and reduced quality of life.

Proper medical documentation—and experienced legal guidance—can make the difference between a denied claim and meaningful recovery.

Insurance Companies Devalue These Claims Automatically

There is an internal bias inside many insurance companies:

Low vehicle damage = low settlement offer.

They rely heavily on:

  • Repair estimates 
  • Photographs of minimal bumper damage 
  • Pre-existing condition arguments 
  • Claims that treatment is “excessive” 

Without aggressive advocacy, many legitimate injury victims receive settlement offers that don’t come close to covering medical costs—let alone future care and lost earning capacity.

“Minor” Crashes Can Lead to Major Financial Consequences

The real cost of a fender-bender isn’t the body shop bill. It’s:

  • Physical therapy for months 
  • MRI imaging and specialist visits 
  • Pain management injections 
  • Lost wages 
  • Long-term limitations 

For some victims, what begins as a rear-end tap becomes chronic pain that changes how they work, exercise, sleep, and live.

That’s not minor.

Protecting Yourself After a Seemingly Small Crash

If you’ve been in a crash—even one that looks minor—take it seriously:

  1. Seek medical evaluation promptly. 
  2. Follow all treatment recommendations. 
  3. Document your symptoms daily. 
  4. Avoid giving recorded statements without legal advice. 
  5. Speak with an experienced personal injury attorney early. 

At Cooper Schall & Levy, P.C., our attorneys understand how to prove the true impact of these injuries—especially when insurance companies try to minimize them.

We work directly with medical experts, analyze diagnostic imaging, and build cases that reflect the real long-term consequences our clients face.

Because a dented bumper shouldn’t dictate the value of your health.

When a Child Is Injured: How Pennsylvania Handles School, Playground, and Sports Injury Claims

When you send your child to school, the playground, or practice, you expect adults to keep them reasonably safe. When that doesn’t happen and your child is seriously hurt, Pennsylvania law does give families options — but the rules are not straightforward, especially when schools or public property are involved.

This brief guide explains the basics of how Pennsylvania handles these claims and why it’s important to talk to an attorney quickly.

Who Can Be Held Responsible?

Public schools and school districts
Public schools and districts in Pennsylvania are protected by strong “governmental immunity” laws. In simple terms, you usually can’t sue them unless your case fits into specific exceptions — most commonly, dangerous conditions of the school building or grounds (like broken steps, unsafe flooring, or defective playground equipment) or the negligent operation of a school bus.

If your child was hurt because of poor supervision alone, that may not be enough against a public district. One of the first things a lawyer does is analyze whether your case falls into one of the allowed exceptions.

Private schools, daycares, and programs
Private schools, daycares, and many afterschool or sports programs don’t get the same immunity. They can often be held liable under ordinary negligence rules when they:

  • Fail to supervise children reasonably

  • Ignore known hazards on the property

  • Use unsafe or poorly maintained equipment

  • Hire or keep unqualified staff or coaches

Parks, playgrounds, and sports fields
Playgrounds and fields may be owned by a town, school, or private organization. If land is open to the public for free recreation, Pennsylvania’s recreational use law can limit the owner’s liability for simple negligence. That doesn’t automatically kill a case—but it changes the legal analysis and makes it even more important to identify who owns, controls, and maintains the property.

Sports Injuries: What’s “Part of the Game” vs. Negligence?

Sports come with obvious risks. Pennsylvania recognizes that kids (and parents) accept some of those risks when they choose to play. But there are still situations where a claim may exist, including:

  • Unsafe or defective playing surfaces or equipment

  • Missing or inadequate safety gear

  • Reckless coaching (pushing a child to play through clear injury)

  • Conduct that goes beyond normal contact for that sport

The key question is whether your child was hurt by the normal risks of play, or by someone else’s careless or reckless behavior.

Time Limits and Fault Rules in Pennsylvania

Statute of limitations for minors
In most Pennsylvania injury cases, adults have two years from the date of injury to file a lawsuit. For minors, that two-year clock is usually paused until the child turns 18, then runs until their 20th birthday.

However:

  • A parent’s own claim (for medical bills they paid, for example) may still be limited to the normal two-year period.

  • Claims involving public entities (like a school district) can have extra notice requirements and damages limits.

  • Medical malpractice involving a child has its own special timing rules.

Because these rules are technical, you don’t want to assume you “have plenty of time” without legal advice.

Comparative negligence
Pennsylvania uses a modified comparative negligence rule. If a jury finds the injured person more than 50% at fault, they recover nothing. If they’re 50% or less at fault, their compensation is reduced by their percentage of fault. For children, age and maturity factor into how “fault” is judged.

What Parents Should Do After a School, Playground, or Sports Injury

If your child is hurt:

  1. Get medical care immediately
    Have your child evaluated and follow all treatment recommendations. This protects their health and documents the injury.

  2. Report the incident in writing
    Notify the school, league, daycare, or property owner as soon as possible and ask for a copy of any incident report.

  3. Preserve evidence
    Take photos of the scene, the equipment, and your child’s injuries. Keep damaged clothing, shoes, or gear.

  4. Get witness information
    Collect names and contact details for staff, parents, or others who saw what happened.

  5. Don’t sign anything yet
    Avoid signing waivers, releases, or accepting quick offers from insurance companies before you understand your rights.

  6. Talk to a Pennsylvania child injury lawyer
    These cases often turn on details: who owns the property, whether immunity applies, what deadlines control, and how serious the injury is. An experienced attorney can sort out those issues and protect your child’s claim from day one.

How Cooper Schall & Levy Can Help

At Cooper Schall & Levy, we represent children and families across Philadelphia and throughout Pennsylvania in cases involving:

  • School and playground injuries

  • Youth sports and recreation injuries

  • Dangerous property conditions

  • Pediatric and medical negligence

We investigate how the injury happened, identify every potentially responsible party, and work with medical and financial experts to understand your child’s long-term needs.

If your child was hurt at school, on a playground, during a game, or in any supervised activity, you don’t have to navigate Pennsylvania’s rules alone. Contact Cooper Schall & Levy today for a free consultation to discuss what happened and learn your legal options.

Social Media Mistakes That Can Destroy Your Personal Injury or Malpractice Claim

Social media can quietly wreck your personal injury or medical malpractice case. Insurance companies and defense lawyers routinely look at Facebook, Instagram, TikTok, and more for anything they can use against you.

Here are the biggest mistakes to avoid:

1. Posting About the Accident or Your Care

Anything you say about how it happened, how you feel, or what doctors told you can be twisted to argue you’re at fault or “not that hurt.”
Rule: Don’t post about the accident, your injuries, your treatment, or the lawsuit. At all.

2. “I’m Fine” Photos and Check-Ins

Gym selfies, party pics, vacations, or smiling group shots can be used to claim you’re not in pain or limited the way you say you are.
Rule: No activity photos, trips, or “feeling better!” updates while your case is active.

3. Ranting About the Doctor, Hospital, or Other Driver

Angry posts can make you look biased, inconsistent, or just out for revenge.
Rule: Don’t argue your case online. Let your lawyer handle the story.

4. Accepting New Friend Requests or DMs

Strangers trying to connect could be fishing for more access to your posts.
Rule: Ignore new friend/follow requests and keep your circle tight.

5. Deleting Old Posts on Your Own

Once a claim is underway, deleting posts can create a “you’re hiding something” problem.
Rule: Don’t delete or clean up anything without talking to your attorney first.

Smart Social Media Habits During a Case

  • Stay off social media as much as possible.

  • Never post about the accident, injuries, or your case.

  • Ask friends and family not to tag or post about you.

  • Call your lawyer before you post anything you’re unsure about.

How Cooper Schall & Levy Can Help

Cooper Schall & Levy represents personal injury and medical malpractice clients in Philadelphia, the surrounding counties, and New Jersey. The firm can guide you on what to avoid online, respond when the defense tries to misuse your posts, and build your case on real evidence — not social media snapshots.

If you’ve been injured or harmed by medical negligence, contact Cooper Schall & Levy for a free consultation before you share anything else online.

The Importance of Seeking Immediate Medical Attention After an Accident

Bicycling has become a popular mode of transportation, but when accidents occur, they can lead to severe injuries. Understanding liability in bicycle accidents involving vehicles is essential for pursuing compensation.

Common Causes of Bicycle Accidents

Some common causes of vehicle-related bicycle accidents include:

  • Failure to Yield: Drivers may overlook bicyclists at intersections or during lane changes.
  • Distracted Driving: Drivers who are texting or otherwise distracted can miss seeing bicyclists.
  • Dooring Incidents: Opening a car door in a bicyclist’s path is a frequent cause of injuries in urban areas.

Determining Liability

In most bicycle-vehicle accidents, liability rests with the driver, especially when negligence is evident. However, there may be shared liability if the bicyclist failed to follow traffic laws, such as stopping at red lights or riding in designated bike lanes.

Types of Compensation Available

Injured bicyclists may be entitled to various forms of compensation:

  • Medical Costs: For immediate and long-term medical needs.
  • Lost Wages: Compensation for time off work or lost earning potential.
  • Pain and Suffering: For the physical and emotional trauma experienced due to the accident.

Steps to Take After a Bicycle Accident

If you’re involved in a bicycle accident with a vehicle, follow these steps:

  1. Seek Immediate Medical Attention: Documenting injuries right away is crucial.
  2. Collect Evidence: Take photos of the accident scene, obtain witness information, and secure a police report.
  3. Consult an Attorney: An experienced attorney can help establish liability and advocate for fair compensation.

 

Bicycle accidents involving vehicles can result in serious injuries, and understanding liability is key to securing compensation. At Cooper Schall & Levy, P.C., we have extensive experience helping bicyclists recover damages after accidents. Contact us today for a consultation to protect your rights and explore your options.

Understanding the Statute of Limitations in Personal Injury Cases

When pursuing a personal injury claim, understanding the statute of limitations is crucial. This legal time limit affects how long you have to file a lawsuit after an injury occurs. Missing this deadline can result in losing your right to seek compensation.

What is the Statute of Limitations?

The statute of limitations is a state-specific law that sets the maximum time after an event within which legal proceedings may be initiated. In Pennsylvania, the statute of limitations for personal injury cases is typically two years from the date of the injury. This means you have two years to file a lawsuit, or you may forfeit your right to legal recourse.

Why It Matters

Adhering to the statute of limitations is essential because:

  • Legal Rights: Failing to file within the allowed time frame can prevent you from recovering damages.
  • Evidence Preservation: Filing promptly helps preserve evidence and provide your attorney with more time to ensure all of the appropriate parties are included in the lawsuit.

Exceptions to the Rule

While the standard period is two years, there are exceptions:

  • Discovery Rule: If the injury wasn’t immediately apparent, the clock starts when the injury is discovered or should have been discovered.
  • Minors: If the injured party is a minor, the statute of limitations may be extended until they reach 18 years of age.
  • Mental Incapacity: If the injured person is mentally incapacitated, the statute of limitations may be tolled until they regain capacity.

Steps to Take

To ensure you file your claim within the statute of limitations:

  1. Consult an Attorney: Seek legal advice as soon as possible after your injury.
  2. Gather Evidence: Collect all necessary documentation, including medical records and accident reports.
  3. File Promptly: Do not delay in initiating legal proceedings.

Conclusion

Understanding and adhering to the statute of limitations is vital in personal injury cases. It ensures that you retain your right to seek compensation for your injuries.

At Cooper Schall & Levy, P.C. our experienced attorneys can help you navigate the complexities of personal injury claims and ensure you meet all legal deadlines. Contact us today for a free consultation.

The Legal Implications of Anesthesia Errors

Anesthesia is a critical component of many medical procedures, ensuring patients remain pain-free and unconscious during surgery. However, when anesthesia errors occur, they can have severe and lasting consequences for patients. Understanding the common types of anesthesia errors, their potential impacts, and the legal strategies for addressing these errors is essential for affected patients.

Common Types of Anesthesia Errors

Anesthesia errors can occur in various forms, each with potentially serious outcomes. Some common types include:

  • Dosage Errors: Administering too much or too little anesthesia can lead to complications, including prolonged unconsciousness or awareness during surgery.
  • Delayed Delivery: Failure to administer anesthesia in a timely manner can cause unnecessary pain and distress for the patient.
  • Equipment Malfunctions: Faulty equipment can result in inadequate delivery of anesthesia, leading to complications.
  • Failure to Monitor: Inadequate monitoring of the patient’s vital signs during surgery can result in adverse reactions going unnoticed.
  • Allergic Reactions: Not recognizing or appropriately responding to a patient’s allergy to anesthesia can have life-threatening consequences.

Consequences of Anesthesia Errors

The consequences of anesthesia errors can be severe and wide-ranging, including:

  • Brain Damage: Insufficient oxygen supply due to anesthesia errors can result in permanent brain damage.
  • Nerve Damage: Incorrect administration can cause nerve damage, leading to chronic pain or loss of function.
  • Awareness During Surgery: Patients may experience awareness during surgery, leading to psychological trauma.
  • Cardiovascular Complications: Errors can cause heart attacks, strokes, or other cardiovascular issues.
  • Death: In the most severe cases, anesthesia errors can be fatal.

Legal Strategies for Affected Patients

If you have been affected by an anesthesia error, several legal strategies can help you seek justice and compensation:

  • Document Everything: Keep detailed records of your medical treatments, symptoms, and any communications with healthcare providers.
  • Seek Expert Opinions: Expert witnesses, such as anesthesiologists, can provide crucial opinions on the standard of care and how it was breached.
  • File a Medical Malpractice Claim: Work with an experienced attorney to file a claim, seeking compensation for medical expenses, pain and suffering, and lost wages.
  • Negotiate or Litigate: Be prepared to negotiate a settlement or take your case to court, if necessary.

Conclusion

Anesthesia errors can have devastating effects on patients and their families. If you or a loved one has suffered due to an anesthesia error, it’s crucial to seek legal assistance.

At Cooper Schall & Levy, P.C. our skilled attorneys have extensive experience in handling medical malpractice cases, including those involving anesthesia errors. We are dedicated to helping you navigate the legal process and obtain the compensation you deserve. Contact us today for a free consultation and let us support you in this challenging time.

Navigating Emotional Distress Claims in Personal Injury Cases

When people think of personal injury claims, they often focus on physical injuries like broken bones or whiplash. However, emotional distress can be just as debilitating and deserving of compensation. Navigating the complexities of emotional distress claims in personal injury cases requires understanding what constitutes emotional distress, the evidence needed to support such claims, and the legal avenues available.

Understanding Emotional Distress

Emotional distress refers to mental suffering or anguish induced by an incident, often an accident, that was caused by someone else’s negligence. It can manifest as anxiety, depression, insomnia, or other psychological impacts that significantly affect one’s quality of life.

Types of Emotional Distress

There are generally two types of emotional distress in personal injury cases:

  1. Negligent Infliction of Emotional Distress (NIED): This occurs when the defendant’s negligent actions cause emotional harm. For example, witnessing a loved one being injured in a car accident can result in NIED.
  2. Intentional Infliction of Emotional Distress (IIED): This occurs when the defendant’s intentional or reckless actions cause severe emotional trauma. An example could be bullying or harassment leading to emotional distress.

Proving Emotional Distress

Proving emotional distress in a court of law can be challenging. Here are key elements that must be demonstrated:

  • Causation: There must be a clear link between the defendant’s actions and the emotional distress experienced by the plaintiff.
  • Severity: The emotional distress must be significant enough to impact the plaintiff’s daily life. This can be evidenced through medical records, therapy sessions, and expert testimony.
  • Physical Manifestations: Although not always necessary, physical symptoms such as headaches, stomach problems, or other stress-induced ailments can strengthen the case.

Evidence to Support Claims

Gathering comprehensive evidence is crucial for a successful emotional distress claim. Important types of evidence include:

  • Medical Records: Documentation from psychologists, psychiatrists, or primary care physicians that detail the emotional and physical symptoms experienced.
  • Therapy Notes: Notes from counseling sessions that reflect the emotional trauma and progress of the plaintiff.
  • Expert Testimony: Statements from mental health professionals that explain the impact of the incident on the plaintiff’s mental health.
  • Personal Journals: Daily records kept by the plaintiff detailing their emotional state, struggles, and how the incident has affected their life.
  • Witness Statements: Testimony from friends, family, or colleagues who have observed the changes in the plaintiff’s behavior and emotional state.

Legal Support and Compensation

The process of claiming emotional distress is complex and requires a thorough understanding of personal injury law. Compensation for emotional distress can cover medical expenses, therapy costs, lost wages due to an inability to work, and pain and suffering.

Conclusion

Emotional distress is a serious and often overlooked aspect of personal injury cases. If you or a loved one has suffered emotional trauma due to someone else’s negligence or intentional actions, it’s important to seek legal guidance.

At Cooper Schall & Levy, P.C. our experienced attorneys understand the intricacies of emotional distress claims. We are committed to helping you navigate the legal process to ensure you receive the compensation you deserve. Contact us today for a free consultation and let us support you through this challenging time.

SEPTA commuter train

Getting Compensation After a SEPTA Train or Trolley Accident

Southeastern Pennsylvania Transportation Authority (SEPTA)  train accidents in Philadelphia can result in severe injuries and significant disruptions to one’s life. Victims of these accidents may be entitled to compensation for their injuries, lost wages, and other damages. The process of obtaining compensation involves navigating complex legal and regulatory frameworks, often requiring the assistance of an experienced attorney. Those affected by SEPTA train accidents must understand their rights and the procedures for filing claims to ensure they receive the compensation they deserve.

Pennsylvania Laws for Public Transportation Accidents

Suppose you have been involved in a SEPTA train or trolley accident in Philadelphia. In that case, it  is necessary to be knowledgeable about the unique legal and procedural rules that apply to accidents involving public transportation systems and to take the following steps: 

  • Understanding Your Rights: It is essential to understand that as a passenger, pedestrian, or party injured due to a SEPTA vehicle, you have the right to seek compensation for your injuries, including medical expenses, lost wages, pain and suffering, and more. However, claims against public entities like SEPTA have specific requirements and limitations.
  • Reporting the Accident: Immediately following the accident, report the incident to SEPTA authorities and the police. Documenting the event accurately and promptly can be crucial for your claim. Get a copy of the accident report, as it will be an essential piece of evidence.
  • Seeking Medical Attention: Even if your injuries seem minor, it is crucial to get medical attention immediately. Some injuries may not be immediately apparent, and having a medical record right after the accident can significantly support your claim.
  • Documenting Your Case: Collect as much evidence as possible, including photographs of the scene, your injuries, witness contact information, and any personal accounts of the incident. Keep all receipts and records of expenses related to the incident, including medical bills and any other costs incurred due to the accident.
  • Understanding SEPTA’s Sovereign Immunity and Notice Requirements: SEPTA, as a state-affiliated entity, enjoys certain protections under Pennsylvania law, including sovereign immunity. There are strict limitations and procedures for filing a claim. Notably, you must file a notice of intent to sue the city of Philadelphia within six months of the accident. This notice must contain specific information, and failing to comply with these requirements can result in the dismissal of your claim.
  • Dealing with SEPTA’s Insurance: SEPTA’s insurance company may contact you after reporting the accident. Be cautious when dealing with insurance adjusters, as their primary goal is to minimize the company’s liability. It is usually advisable to consult with an attorney before signing anything or providing a recorded statement.
  • Hiring an Attorney: Navigating the complexities of a claim against SEPTA can be challenging. An attorney experienced in SEPTA accidents can provide invaluable assistance. They can help ensure that all procedural requirements are met, assist with collecting evidence, and negotiate with insurance companies on your behalf.
  • Filing a Lawsuit: If you cannot reach a fair settlement through insurance negotiations, it may be necessary to file a lawsuit. Pennsylvania’s statute of limitations for personal injury claims is generally two years. However, due to the sovereign immunity and notice requirements for claims against SEPTA, the actual timeframe for action can be much shorter.
  • Compensation and Damages: If your claim is successful, you could be entitled to various forms of compensation, including medical expenses, lost wages, and damages for pain and suffering. However, awards against government entities like SEPTA may be subject to caps under state law.

Takeaway

Compensation after a SEPTA train or trolley accident involves navigating a complex legal landscape with specific rules and limitations. Prompt action, thorough documentation, and legal representation are critical elements for a successful claim. Cooper Schall & Levy have experienced personal injury attorneys who can advise you based on the specifics of your situation. Contact our office for a complimentary initial consultation.

Red rose on a marble grave stone

Can You Seek Civil Liability for a Wrongful Death Due to a Violent Crime?

When an individual is injured because of the negligent or intentional acts of others, he or she can bring a personal injury claim. But when the injury results in the victim’s death, certain eligible survivors can file a wrongful death lawsuit. These claims cover a variety of wrongful actions, including those that involve violent crimes. The Philadelphia wrongful death attorneys of Cooper Schall & Levy are here to seek justice for you and your family.

Negligent Security and Violent Crime

Pennsylvania law requires that residential and commercial property owners provide reasonable security measures to keep their guests and visitors safe. When they fail to do so, and someone becomes the victim of a violent crime, that individual can pursue a premises liability case against the owner of the property and potentially other parties. If the victim dies as a result of the crime, survivors may be able to file a wrongful death claim.

No property owner can absolutely guarantee that a visitor or guest will not be the victim of a violent crime on their property. Even with the strongest security protocols imaginable, violent crime can still claim the life of someone. However, property owners are obligated to adopt preventive measures against reasonably foreseeable hazards. Among such hazards are the risks associated with violent crime.

An example of a violent crime that may fall into the above category includes a shooting at a restaurant, a fight that turns deadly at a bar, or an invasion resulting in death at a hotel. Cases such as these can be complex, and a number of factors must be examined to determine whether the property owner or manager knew, or should have known, of the risk of such violent crime but failed to do anything about it.

Examples of Property Owner Negligence

If someone dies from a violent crime, an attorney will need to investigate the circumstances surrounding it to determine if the owner or manager of the property was somehow negligent. The following examples are evidence of such negligence:

  • Broken or malfunctioning security equipment such as locks and alarm systems
  • Poor lighting, especially in common areas like hallways and parking lots
  • Failure to adopt safety and security measures after a criminal incident has been reported
  • Refusal to expel guests who are posing a threat to others
  • Improper training of security staff, especially where they are hired to provide security for specific events

An attorney will review internal property records, police reports, surveillance camera footage, statements from witnesses, and other evidence to determine the nature of the owner’s negligence.

Negligent Security and Wrongful Death

Wrongful death claims cover situations in which a property owner, due to negligent acts or omissions, allowed a reasonably foreseeable hazard to harm and kill someone else. These lawsuits may cover a variety of property conditions that result in the demise of someone else, including those which arise from negligent security. In other words, if someone dies because of inadequate security measures, surviving family members may be able to take legal action against the owner or manager of the property.

The personal representative of the deceased victim’s estate must file the wrongful death lawsuit. But if this individual fails to do so within six months of the victim’s death, immediate family members (spouse, children, or parents of the deceased) can file the lawsuit. Potential damages include:

  • The victim’s funeral expenses
  • Medical expenses the victim incurred before death
  • Estate administration costs
  • Lost income and benefits, including what the deceased victim would reasonably have been expected to earn if he or she had lived
  • Loss of the deceased victim’s services and companionship

Explore Your Legal Options With Us Today

If your loved one died in a preventable violent crime, Cooper Schall & Levy wants to help you seek justice. We are committed to demanding the maximum amount of wrongful death damages available under the law. Reach out to us today to get started.

Man's foot next to a pallet jack tire

Common Causes of Crush Injuries

Excessive force or pressure applied to the body, or part of the body, can result in a crush injury. These injuries are painful, and debilitating, and can cause the victim to incur significant medical bills, lost time from work, and other damages. When someone suffers a crush injury due to another party’s negligence, the victim has the right to pursue a personal injury claim against the at-fault party. It starts with understanding some of the common reasons these accidents happen. With Cooper Schall & Levy by your side, you can present a strong case for the damages you deserve.

Why Do Crush Injuries Happen?

When a person’s body, or part of it, gets caught between two objects and pressure is applied, a crush injury may result. These are sometimes called caught-in/between injuries. They occur in a variety of contexts such as automobile wrecks, pedestrian accidents, and workplace accidents. In nearly every case, they are the result of someone’s negligent or intentional conduct.

Even if the accident involves only an appendage (such as a finger) as opposed to the torso, it is imperative that the victim seek medical attention and consider filing a personal injury claim against the wrongful party. To file a lawsuit, the burden is on the victim to explain exactly how the crush injury happened. It therefore helps to understand some of the most common causes, including:

Irresponsible Driving

Because many crush injuries are the result of car and truck wrecks, responsibility typically points to some negligent act or omission on the part of the driver. This may include anything from speeding and reckless driving to driving under the influence of alcohol and distracted driving. A serious enough accident can pin the victim in the car and crush bones and vital organs.

Falling Objects

This risk is especially prevalent at construction sites. These sites should be secured and may even require rerouting nearby sidewalks to keep pedestrians safe. But in some cases, irresponsible construction workers may drop things that fall and crush a person. Falling objects can prove fatal if they fall from a significant height.

Defective Equipment and Machinery

Perhaps you have purchased heavy machinery for personal or commercial use. This equipment should come with ample instructions that tell the user how to safely operate it. There should also be safety guards and devices installed, for instance, to prevent someone’s hand from getting caught in the machine. Without either or both of these measures, the machinery may be defective and cause a crush injury.

Structural Collapse

A partial or total collapse of a building, due to negligent construction or design, can harm several people depending on the circumstances. A person’s entire body could be crushed or a limb (e.g. leg) could suffer damage. Either way, these are potentially life-threatening events that in most cases are avoidable.

Slips, Trips, and Falls

Slip and fall accidents, and those that involve tripping, are among the most common reasons victims file premises liability lawsuits. Property owners are required to keep their premises reasonably safe to avoid hazardous conditions that can cause these accidents. Otherwise, a victim can fall and crush body parts as a result.

Workplace Accidents

Crush injuries can happen on construction sites, at industrial plants, in factories, and in many other workplaces. Although the victim may have the right to pursue a workers’ compensation claim against the employer, there are cases in which other parties may be held accountable in a separate personal injury lawsuit.

Advocating for Crush Injury Victims in Philadelphia

Were you hurt in a crush injury accident because of someone else’s negligent conduct? Would you like to know more about the potential damages that may be available to you? Reach out to Cooper Schall & Levy. We can schedule your consultation and explain the legal process for recovering compensation.