Category: Personal Injury

wrongful death claim

How to File a Wrongful Death Claim

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While the nuances of the definition can vary slightly from state to state, most, Pennsylvania included, define a wrongful death as a death resulting from the wrongful act or negligence or another. In addition to being a real tragedy and a palpable loss for a family and loved ones, a victim in a wrongful death action can leave behind a deep sense of emotional loss as well as have a profound impact on the finances of a family. This is particularly true when the victim was the breadwinner or primary earner in a family. The law provides a way for those who have suffered as a result of the victim’s death by allowing them to bring a wrongful death claim.

How to File a Wrongful Death Claim

The first thing to talk about when discussing how to file a wrongful death claim in Pennsylvania is who is actually authorized to file a wrongful death claim in Pennsylvania. Pennsylvania law requires the personal representative of the decedent’s estate to file a wrongful death lawsuit. The personal representative of the estate is most often named in the will of the decedent. In the event, however, that the decedent died without a will, otherwise referred to as dying “intestate,” the court is authorized to appoint a personal representative if no one volunteers to take over the responsibility. Should the personal representative of the decedent’s estate fail to file a wrongful death suit within six months of the decedent’s death, any beneficiary of the decedent’s estate is permitted to file the wrongful death suit on behalf of all of the estate beneficiaries.

Pennsylvania has a statute of limitations in place that establishes a time limit allowed for filing a wrongful death lawsuit. It is two years. This means that a wrongful death claim must be filed within two years of the date of the person’s death. Failure to file a wrongful death claim within the two-year time frame means that a court is likely to deny hearing the case at all.

While the personal representative is the authorized person to bring a wrongful death lawsuit, the lawsuit itself is actually filed on behalf of the beneficiaries of the decedent’s estate. There are a variety of damages that are available in a wrongful death claim, including:

  • Final medical expenses of the decedent
  • Funeral and burial costs
  • Expenses related to the administration of the decedent’s estate
  • Lost wages and benefits the decedent could have reasonably been expected to earn should he or she had lived to support the family
  • Pain and suffering

A wrongful death claim may also pursue compensation for loss of comfort and companionship. These kinds of damages, however, are intended to compensate surviving family members for loss related to the wrongful death. Because of this, damages for loss of comfort and companionship are only available if the decedent has a surviving spouse, children, or parents.

Philadelphia Personal Injury Attorneys

Have you lost a loved one due to the wrongful act or negligence of another? You can trust the team at Cooper, Schall & Levy to work tirelessly to pursue a wrongful death claim that can provide you with critical financial support in the wake of losing a loved one. Contact us today.

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Seniors, Stay Safe Out On the Road

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We face unique challenges as we age. As our age increases so do our chances of experiencing a decline in our mental and physical health. Our vision, hearing, and reaction time can be impacted by advanced age and all of this can lead to serious safety concerns for our senior drivers. This is even more so true when you consider the fact that the Insurance Institute for Highway Safety (IIHS) reports that the number of drivers aged 70 or older is growing. More older people are on the road than ever before as people are keeping their licenses longer. Now is the time to confront those safety issues that can come with driving in advanced years of age and manage them accordingly.

Seniors, Stay Safe Out on the Road

With a decline in physical abilities such as reaction time and vision, seniors need to be mindful of the fact that, if they want to continue driving safely, there needs to be some parameters put in place. According to the IIHS, several studies reveal that increased impairment in a person’s physical, cognitive, or visual functions is associated with increased crash risk. What can be done to help keep seniors safe out on the road? There are a few things that have been shown to be effective in accomplishing this.

Senior drivers can reduce the hours they permit themselves to drive. Many older drivers choose not to drive at night. It can be difficult to see at night and heightened reaction times can often be necessary in order to avoid a crash. Furthermore, there are more likely to be people driving under the influence at night which can make driving conditions much more dangerous. Senior drivers can also reduce the length of distances they travel in order to help them stay safe on the road. Less distance traveled can understandably correlate to a reduced chance of accident involvement.

It is also common for seniors to be taking medications. Many medications, whether over the counter or prescribed, can impair a person’s ability to safely operate a vehicle. Labels on the medications should reflect this danger. Seniors should always be aware of the potential side effects of medications as well as whether the medications state that they should refrain from operating heavy machinery, such as operating a motor vehicle, after consumption.

In addition to these safety steps seniors can take, it is also important that seniors have vehicles with updated safety features. Did you know that seat belts on older cars tend to be less effective at safely restraining older vehicle occupants than the modern safety belts with pre-tensioners and load limiters? It’s true! Older vehicles can often be retrofitted with the newer seat belt models. You can contact your car manufacturers to see if this is a possibility.

Philadelphia Personal Injury Attorneys

We can all do our part to keep everyone as safe as possible on the road. If someone has failed to take proper safety precautions on the road and you have been injured as a result, do not hesitate to reach out to the dedicated personal injury team at Cooper, Schall & Levy. Contact us today.

Aging and Driving Safety

Aging and Driving Safety

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Let’s face it, as we age, there are certain changes that many of us will go through. Our physical abilities may change and it is important to recognize this. Getting older will often mean that we have to be aware of the changes we are experiencing so that we can help keep ourselves and others safe. For instance, our driving abilities are likely to change as we get older. Recognizing this and taking precautionary steps accordingly can save lives!

Aging and Driving Safety

The Insurance Institute for Highway Safety (IIHS) reports that there is an increase in the number of people aged 70 out there on the roads. This is likely a combination of the fact that older people make up a larger part of the population than they used to and people are keeping their licenses longer. With the chance of physical and cognitive abilities declining with age, it can be a safety issue for seniors to continue to drive. 

Consider the fact, for instance, that such functional impairments can exacerbate already stressful roadway conditions. Many driving situations require quick mental and physical responses such as changing lanes, merging, and making left turns without interfering with the flow of traffic. IIHS reports that physical and mental impairments among older drivers are associated with increased crash risk.

In addition to a decline in cognitive and physical abilities, older drivers are also more likely to be taking medications. Although medications do not always interfere with driving abilities, many medications do. It is important to always check medication instructions and warnings because of this.

This is all not to say that older people should not be driving, but it is supposed to make you and your loved ones aware that driving abilities change over the course of our lives. Making changes to your driving habits accordingly can keep everyone safer out on the roads. For instance, restricting the number of miles an older person drives can help. Also, many older people choose not to drive at night, which can also be much safer.

It may also bring you peace of mind to know that vehicle safety features have been found to be effective at reducing the chance of serious injury to older drivers. The IIHS reports, in fact, that side airbags with head and torso protection have reduced fatalities among front-seat occupants aged 70 and older by approximately 45%! Furthermore, modern seat belts that feature load limiters and pre-tensioners have been found equally effective for adults at any age, as have frontal airbags. It may also be important to note that some older cars with older-style seatbelts can have seatbelts updated. Just contact the vehicle manufacturer to check on this option.

Other modern vehicle safety features have also proved effective at preventing injuries across the population and varying ages. Such features include:

  • Blindspot detection
  • Front crash prevention systems
  • Lane departure warning
  • Rear parking sensors
  • Rearview cameras

Philadelphia Personal Injury Attorneys

If you have a loved one who is getting older and experiencing some difficulty associated with driving, it can be difficult to talk with them about this. Driving, of course, represents freedom to many seniors and the prospect of restricting it can be anxiety-inducing. Nonetheless, it is important to have such talks. We want everyone to be as safe as possible out there! If you have been injured in an accident, do not hesitate to reach out to the personal injury team at Cooper, Schall & Levy. Contact us today.

Man yawning in car

Drowsy Driving is Dangerous Driving

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Thousands of people each year are killed or seriously injured due to drowsy drivers. Unfortunately, the unyielding demands of society have played a key role in accepting this dangerous driving behavior. In a world that does not allow for much pause, we are busier than ever. Being tired and making the long commute to work or school or various activities seems to not only be acceptable but seems to be the norm. As a result, we risk and lose thousands of lives each year at the hands of drowsy drivers. Clearly, something needs to be done, but what?

Drowsy Driving is Dangerous Driving

People are not getting the sleep they need. Whether it is the demands of work, kids, or just life in general, we are sacrificing our sleep as a result. Unfortunately, lack of proper sleep can have serious and lasting health consequences. Furthermore, it risks lives when a person engages in drowsy driving. What will really be most effective at combatting the drowsy driving problem that plagues the U.S. is for us to rethink our attitudes about drowsy driving. We need to not consider it as a necessary evil, but as a problem that needs to be addressed.

To avoid driving while drowsy, make sleep a priority. Your body will thank you. Other drivers will thank you. Experts recommend getting seven to eight hours of sleep per night. So, turn off your show a bit earlier, save your reading for another day, and get to bed in time to get the full amount of sleep your body needs and craves. If you have teens in your household, persist in making sure they are getting enough sleep as well. Did you know that the biology of teenagers demands more sleep? It’s true. Teenagers need more sleep and this places them at an increased risk of drowsy driving. Talk to your teens about avoiding driving unless they are well-rested.

Also, be aware of how other things you put into your body can exacerbate your drowsiness. Alcohol, for instance, can interact with sleepiness to increase drowsiness and impairment of your ability to safely operate a vehicle. Both prescription and over-the-counter medications can also cause drowsiness. Be sure to check the medication’s label to see if this is a potential side effect. If so, avoid driving after you take the medication. It can also be important to be aware of the body’s circadian rhythm. Did you know that there is a natural dip in the body’s circadian rhythm, the internal clock tasked with sleep regulation, between midnight and 6 a.m. as well as in the late afternoon? If you can avoid driving at these times, you may also be able to decrease your chances of drowsy driving.

Philadelphia Personal Injury Attorneys

The safety and well-being of ourselves and others needs to be a priority. We are all in this together. If you have been injured in an accident caused by someone else’s negligence, you deserve to be fully and fairly compensated. The dedicated personal injury team at Cooper, Schall & Levy is here to see to that. Contact us today.

person buckling up seatbelt

Seat Belts—Why They are Necessary

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The development of the modern seat belt, complete with lap and chest restraint, has been one of the biggest safety developments of modern times. Buckling up when you get in a vehicle is one of the best things you can do to keep yourself safe. Did you know that, according to the National Highway Traffic Safety Administration (NHTSA), seat belts saved approximately 14,955 lives in 2017 alone? So, take the time to buckle up if you are a driver or passenger in a vehicle. It just might end up saving your life. 

Seat Belts—Why They are Necessary

Most Americans have been trained in practicing the good habit of seat belt use. In fact, the NHTSA reports that, in 2020, the national seat belt use rate sat at 90.3%. We are seeing more and more how critical seat belt use is to remain safe in a vehicle. Without seat belt use, vehicle drivers and passengers put themselves at needless risk of awful consequences such as being ejected from a vehicle upon impact with another car or object, a more likely than a non-fatal event. Wearing your seat belt can help keep you safe and secure inside a vehicle in the event of a crash.

In order to help ensure you are maximizing the effectiveness of a seat belt as a safety feature, proper fit and placement of a seat belt is key. The lap belt portion should be secured across the pelvis, running along your hips as opposed to your stomach. The shoulder belt portion should run across your rib cage, across the middle of your chest, away from your neck. Do not loop your arm through so that the shoulder belt portion of your seat belt rests behind your back or under your arm. This not only makes the seatbelt ineffective, but can pose its own unique dangers as well.

The fit of your seat belt also matters and, considering how important of a safety feature a properly fitting seat belt is, you should be sure to investigate seat belt fit whenever looking to buy a new vehicle. Talk to the auto dealer about seat belt fit and the options for seat belt adjustment. Should you need a roomier belt, ask if seat belt extenders are available from the manufacturer. Should you be in the market for an older or classic car model, you may find it only comes with a lap belt. Look into the option of having the vehicle retrofitted with the much safer seat belts that feature both a lap and shoulder restraint.

It really is amazing what safety features vehicles are equipped with these days. The airbag, for instance, has developed over time to be a great line of defense in the event of an auto collision. It is still important, however, to use your seat belt. In fact, did you know that airbags are specifically designed to work in tandem with seat belts? Airbags without seat belt use can not only be ineffective as a safety feature, but can also prove to be dangerous. The force of impact of an airbag can cause serious, and even fatal, injury to someone who is not using their seat belt.

Philadelphia Personal Injury Attorneys

Philadelphia, buckle up. The team of personal injury attorneys at Cooper, Schall & Levy want you to be safe at there. We have seen far too many tragic consequences for those who have been involved in auto accidents. Contact us today.

Car driving at night in a city.

Driving Under the Influence of Drugs

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It is illegal in every state to operate a vehicle while under the influence of drugs. This does not just mean it is illegal to operate a vehicle while impaired by illegal drugs, but it also includes those for which you have a valid prescription or even those sold over the counter. If you are impaired by a substance, you are putting yourself and everyone else on the road at risk. That is why it is illegal. It is time to have a frank discussion about driving under the influence of drugs, the danger it poses, and the misconceptions that seem to follow this topic.

Driving Under the Influence of Drugs

Because drugs can have a variety of side effects, each drug can pose different dangers should a person under the influence of the substance choose to get behind the wheel of a vehicle. For instance, some prescription and over-the-counter medications can cause extreme dizziness or drowsiness in a person. Reviewing warning labels on the packages of these medications will even state that operating heavy machinery, including driving, should be avoided after use. Cocaine and methamphetamines have been found to make drivers more aggressive and reckless in their actions and maneuvers.

One of the biggest dangers comes from the lack of awareness a person can have regarding the impact a drug is having on them. It is a dangerous truth that impaired drivers are unable to accurately assess their level of impairment. To help keep everyone safe, the National Highway Traffic Safety Administration (NHTSA) recommends living by the standard that if you feel different, you drive differently and should, therefore, avoid driving until you return to a more normal state of feeling.

We want to emphasize the point that even the use of legal drugs can still be illegal if it impairs your ability to drive safely and can still put yourself and others at risk should you choose to drive while under the influence. That means, despite marijuana being legalized in more and more states, driving while impaired by marijuana use is still illegal and still a risky driving behavior. Despite the seemingly persistent rumors that marijuana can make a person a better driver, several scientific studies reveal that this could not be further from the truth. Marijuana can impair motor skills and lane tracking as well as other cognitive functions.

The NHTSA reports that, between October and December of 2020, 56% of drivers who were involved in serious injury or fatal crashes tested positive for at least one drug. Help save lives and make the choice to avoid driving after drug use of any kind. Should use of a vehicle after drug use be unavoidable, find someone else to drive. Intervene when others attempt to operate a vehicle under the influence of drugs or alcohol and always remember to wear a seatbelt.

Philadelphia Personal Injury Attorneys

Have you or a loved one been injured by an impaired driver? The team of dedicated personal injury attorneys at Cooper, Schall & Levy are here to fight for you and your right to full and fair compensation. Contact us today.

Dangerous Driving Behaviors of Teens

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If you have a teen in your life, you know that, as they are on the cusp of full-blown adulthood, their actions can run a wide range from devastatingly immature to wise beyond their years. The fluctuation in choices that teens are notorious for can make even the most laid-back parent or loved one fear for their teen’s well-being on the road. It is true that there are a number of dangerous driving behaviors associated with teens. These behaviors can lead to serious crashes, some fatal. To help us all stay safer on the roads, let’s take a look at some of the dangerous driving behaviors of teens and what can be done about them.

Dangerous Driving Behaviors of Teens

It may be no surprise to anyone, but one of the most dangerous and most common driving behaviors of teens is texting while driving. Texting takes a person’s attention and vision off of the road which can be an extremely dangerous combination. Despite texting while driving being a violation of the law in many states, the dangerous driving behavior persists, especially among the teen demographic. Teen drivers, put down your phone when you are driving. This could help you and everyone riding with you in your vehicle arrive safely at your destination.

It is a sad truth that teen passengers who feel unsafe in a vehicle with a driver who is not alert, such as one texting while driving, may not speak up about feeling unsafe. In fact, a significant portion of teens even feels unsafe riding with a parent behind the wheel. Teens, use your voice. If you are unsafe, let the driver know what they are doing to cause your unease. If you know one of your friends is not a trustworthy driver, do not get in the vehicle. It is not worth the tragic consequences that could occur.

To make matters worse, teen drivers frequently skip the use of seat belts. The importance of seatbelts really cannot be understated. Seatbelts are simply devices that cause minimal inconvenience at worst and will save a life at best. Teens, take a moment to properly fasten your seatbelt and make sure all of your passengers have done the same before heading out on the road.

Teens are also prone to packing in the passengers. Unfortunately, more passengers mean more distractions for the teen driver. There are more people to talk to and more people to look at. There are more excuses for taking eyes and focusing off of the road. All of this will increase the likelihood of a crash occurring. So, keep the passengers at a minimum. When you have passengers, speak up if they are being too distracting.

Speeding, driving under the influence of alcohol, and driving at night are also dangerous driving behaviors commonly engaged in by teens and are also leading causes of accidents for teen drivers. Follow posted speed limits. Never drink and drive. If you can avoid driving at night, do so. At the end of the day, it is just not worth the risk.

Philadelphia Personal Injury Attorneys

At Cooper, Schall & Levy, our attorneys have handled tragic cases with teen drivers involved. We want you and your loved ones of any age to stay safe out there on the road. Should anyone ever be injured in a motor vehicle accident, we are here for you in your time of need. Contact us today.

Pedestrian Safety Tips

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Walking is the oldest form of transportation! In the midst of rising gas prices, lack of exercise, and minimal time out in the fresh air, walking comes with many benefits. Pedestrians, however, must remain vigilant out there. When you are a pedestrian, there are no airbags. There is no strong metal structure surrounding you like there is in a car. Should you be hit by a vehicle, there is a high risk that you will sustain a serious injury that could even prove fatal. So, pedestrians, stay safe out there. Here are some tips on how to do just that.

Pedestrian Safety Tips

As a pedestrian, visibility is an asset you cannot afford to do without. You are already much smaller than so many other things drivers have to pay attention to. You are less visible than other vehicles, motorcycles, bicycles, and most inanimate objects a driver will be trying to pay attention to. Making yourself as visible as possible to the driver will help you stay safe. This means you should do things such as cross in well-marked crosswalks. In recent years, many crosswalks have added flashing lights in a further attempt to bring driver awareness to a crossing pedestrian.

Furthermore, pedestrians should consider wearing bright clothing. This is especially important if you are walking at night. While walking at night is one of the most dangerous times to be a pedestrian due to low visibility, among other factors, bright clothing can help reduce some of the danger involved. Reflective clothing may be even better at increasing visibility. Furthermore, pedestrians should never make the assumption that a vehicle sees them. Remaining cautious, even in crosswalks, could save your life or save you from serious injury. 

Pedestrians should also remain attentive to their surroundings. It can be so easy to get distracted. Our phones alone draw us into our own world with our heads down and our attention elsewhere. In the meantime, we are unaware of what is going on around us and this is dangerous. When pedestrians are not paying attention, the risk of injury exponentially increases. Hazards on the sidewalk are not minded. Oncoming vehicles are not anticipated. Other pedestrians and bike riders zoom by perilously close. Pedestrians, remain aware of your surroundings. It is one of the best ways for you to stay as safe as possible out there.

Philadelphia Personal Injury Attorneys

With Philadelphia being such a big city, we have our fair share of pedestrians. Stay safe out there in the hustle and bustle of city life. Being vigilant and remaining aware of your surroundings are some of the surest bets to staying safe as a pedestrian. If you have been involved in a pedestrian accident, it is likely that you have sustained serious injuries. Let the team of trusted personal injury attorneys at Cooper, Schall & Levy take on the legal burden for you so you can focus on recovering your health. We fight the big insurance companies to get you the monetary compensation you deserve. Contact us today.

U Drive. U Text. U Pay. NHTSA’s Campaign Against Distracted Driving

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Pennsylvania’s distracted driving law prohibits any driver from using a phone or other device to send, read, or write a text-based communication while his or her vehicle is in motion. It is a primary offense which means that law enforcement can pull someone over if there is a reasonable suspicion that the driver has been texting while driving. Other states list texting and driving as a secondary offense meaning they can only be ticketed for the offense if pulled over for a different traffic violation. There is a $50 fine, plus court costs and other fees, imposed in Pennsylvania for those convicted of distracted driving.

Despite 48 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands all passing legislation that makes it illegal to text while driving, the problem persists. People are dying or suffering serious injury as a result. We seem entangled in our phones at a level that we cannot somehow unravel ourselves from their hold on us. The National Highway Traffic Safety Administration (NHTSA), however, has not given up. It has launched the U Drive. U Text. U Pay. Campaign in an effort to combat the persistent threat posed by texting while driving.

U Drive. U Text. U Pay. NHTSA’s Campaign Against Distracted Driving

According to the NHTSA, it is estimated that over 26,000 people died in crashes involving distracted drivers from 2012 to 2019. In 2019 alone, there were 4,142 fatalities in distracted driver crashes. That means that 9% of the fatal crashes in 2019 involved distracted drivers.

Distracted driving can actually mean a variety of things, although texting has come to be the most notorious form it takes. Distracted driving can be anything that takes your attention away from the road and the task of driving. Talking, eating, applying makeup, maneuvering your navigation system, or even changing your radio station can all be seen as engaging in distracted driving. Texting while driving has been singled out as a particularly dangerous form of distracted driving due to the fact that it can take a driver’s eyes away from the road for such a significant amount of time, it takes the drivers mental attention and focus away from driving, and it is a habit that so many Americans seem unable to break.

While drivers from 16 to 24 years of age seem to be more likely to be distracted by electronic devices while driving, it seems as though many more of us are at risk of falling into this dangerous driving behavior and we are putting ourselves and others in danger on the roads as a result. To help combat the dangers of distracted driving, the NHTSA recommends some different safety tips. For instance, it is recommended that if a text needs your immediate attention, either to read or to send, then you should first pull over to a safe location and park your vehicle. Alternatively, you could have a passenger act as your “designated texter” and be tasked with handling all of your texting needs while you are driving. Should none of these arrangements work for you and you find yourself unable to resist the urge to look at your phone while driving, consider keeping your phone in your trunk for the ride.

Philadelphia Personal Injury Attorneys

Have you been injured by a distracted driver? Do not hesitate to get in touch with the trusted personal injury attorneys at Cooper, Schall & Levy. Contact us today.

Winter Road Accidents

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Well, Pennsylvania, our winter season remains in full swing. Those of us who grew up here are more than familiar with how treacherous the roads can get this time of year. The ice, snow, and sleet make visibility difficult and wheel traction difficult to come by. The influx of holiday traffic can add to the hazards, especially when you consider how many visitors to the state may not be as familiar with icy winter driving as our residents usually are. Regardless of whether you have lived in Pennsylvania your whole life, are a newer transplant in the state, or will be coming for a family holiday here this winter, being aware and prepared for the dangers of winter driving that can lead to devastating accidents can help keep you and everyone else safe this winter season.

Winter Road Accidents

With ice and sleet commonly in the winter forecast, it is important to be aware of just how much your visibility on the road can be impaired by these conditions. Snow can stick to your windshield and make it difficult to see your surroundings as well. To help, always check to see that your wipers are in good condition and are fully operational. The defogger in your car should also be checked for functionality as should your headlights. This is all safety equipment that can help you see your surroundings and increase your own visibility to other cars out on the winter roads.

Icy and slippery roads are also a common occurrence in the wintertime. Snow tires and tire chains can help increase traction on these types of roads so prepare your vehicle tires accordingly. Should your car lose traction, you may end up hydroplaning. This can be extremely scary, but it is also important to keep a cool head about you. We know, easier said than done. That being said, staying calm and reacting accordingly can prevent things like your vehicle from rolling over. If you begin to hydroplane, turn into it as opposed to away from it. Do not slam down on your brakes right away. This is especially important if you do not have anti-lock brakes on your vehicle because it could cause your brakes to lock up. Once the vehicle is slowing down a bit, you may pump your brakes.

With hazardous road conditions on the horizon for the winter months, be mindful that one of the best things you can do is to avoid driving if inclement weather is in the forecast. Should driving be unavailable, plan out your route before you leave. Let someone know about what route you are taking so that they know where to look should you be stranded for any reason. You should also keep your gas tank full and your cell phone fully charged as well as keeping a winter emergency kit in your car.

Philadelphia Personal Injury Attorneys

Philadelphia, stay vigilant and stay safe on the roads this winter. Should you be injured in a winter car accident, the personal injury team at Cooper, Schall & Levy is here to assist. Contact us today.