Category: Personal Injury

Understanding the Statute of Limitations in Personal Injury Cases

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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

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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

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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

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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.

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

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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.

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Common Causes of Crush Injuries

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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.

City Do Not Walk sign illuminated

Who’s At Fault When a Pedestrian is Hit on a Do Not Walk Sign?

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When a driver strikes a pedestrian, the immediate assumption is that the driver is at fault. However, there are instances in which a pedestrian can be found liable in an accident involving a vehicle. One area in which this may arise is when a pedestrian is hit while crossing the street on a “do not walk” sign. If you are a pedestrian who has been in one of these accidents, it’s imperative that you retain a skilled Philadelphia personal injury lawyer. Cooper Schall & Levy have you covered.

Pedestrian Negligence at Crosswalks

Everyone who uses the roads, sidewalks, and crosswalks throughout our city and state owes a duty of care to everyone around them. This means conducting themselves in a reasonably safe manner, under the circumstances, so that others are not put at an unnecessary risk of injury. The duty of care extends not just to drivers but to pedestrians. Both of these groups are required to obey traffic laws designed to keep everyone safe.

Most people are familiar with what the duty of care looks like when drivers don’t follow it: some examples are disobeying traffic laws, driving while under the influence of drugs or alcohol, or failing to ensure that their vehicles are safe to drive. Not as many people understand the different ways that pedestrians can violate the duty of care. One prominent way involves illegally crossing at a crosswalk.

Pennsylvania law requires that pedestrians cross streets at designated crosswalks (when available) and obey traffic control devices. These devices include the ubiquitous “walk” and “do not walk” signs. A pedestrian who crosses the street against a traffic control signal – in other words, then the signal displays “do not walk” – could be found negligent. More generally, pedestrians should take reasonable precautions when walking through crosswalks. Deciding to enter at the last second may increase the risk that they get struck by a driver who, for whatever reason, may not see them.

How Pedestrian Negligence Affects Personal Injury Awards

If you were struck by a vehicle while crossing the street on a “do not walk” sign, you need to understand Pennsylvania’s modified comparative negligence rule. Under this rule, you can still seek damages in a personal injury case as long as you are less than 50% at fault. If your fault for the accident exceeds 50%, you can recover no damages, regardless of how bad your injuries are.

Assume that a pedestrian crossed the street while the traffic control device displayed “do not walk.” Also, assume that the driver who struck the pedestrian was speeding. A jury may determine that the pedestrian was 25% at fault and the speeding driver was 75% at fault.

In a case like this, because the pedestrian’s fault was less than 50%, he or she can still recover damages. However, those damages will be reduced by the percentage of fault. Suppose the pedestrian’s total damages are $100,000. That amount would then be reduced by 25%, or $25,000, to $75,000.

Defending Your Right to the Maximum Damages Available

If you’re a pedestrian who was hit by a vehicle during a “do not walk” sign, you can expect the automobile driver’s lawyer to argue that your damages should be reduced by the highest percentage possible. But perhaps you crossed when the signal said “walk,” meaning you shared no responsibility for the accident at all.

Either way, you need seasoned legal counsel who will zealously argue on your behalf and against any attempt by the defendant to shift blame to you or attempt to make you more responsible for the accident than you were. Give the personal injury lawyers of Cooper Schall & Levy a call today, or contact us online.

Cute baby in a car seat

Car Seat Recalls: Making Sure Your Child’s Seat is Safe

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Car seats play an essential role in keeping young children safe when driving, as standard seat belts may not offer enough protection in a crash or could hurt a child due to their smaller size. Therefore, it’s crucial for parents to make sure a child’s car seat is safe and watch out for product recalls.

Sadly, companies recall car seats with alarming frequency. In March 2023, the National Highway Traffic Safety Administration (NHTSA) recalled almost 60,000 car seats from the brands Maxi Cosi and Safety 1st. The NHTSA said the anchor components used to secure the seats could fail and allow the car seat to detach in a crash, potentially causing catastrophic injuries. And in May 2023, General Motors (GM) recalled over 650,000 SUVs because one of the components used to attach a car seat to the vehicles could fail and prevent the seat from being attached correctly.

The Philadelphia product liability lawyers at Cooper, Schall & Levy want every parent to have the information they need to keep their kids safe when driving. This blog provides helpful tips on car seat recalls and how to check your child’s car seat to make sure it’s safe.

Car Seat Safety Tips

Here are a few essential car seat safety tips for Philadelphia parents:

  • Never buy a used car seat. You don’t know where the seat came from or what it’s been through. New seats may be more expensive, but you know what you’re getting.
  • Always get a new car seat after an accident, even if the seat appears undamaged. You might not be able to see damage to internal components that could fail catastrophically in a crash.
  • Make sure the car seat meets federal safety standards. All car seats should have a sticker certifying that the device meets NHTSA safety regulations.
  • Make sure your child uses the correct car seat for their age and size. In general, children ages one to three should use a rear-facing seat, while children ages three and up can use front-facing seats. Children ages seven and onward can use booster seats if they exceed the weight or height limits for front-facing car seats.
  • Have a professional inspect your car seat to make sure it’s safe. There are many agencies that offer child seat safety inspections for free. These professionals can evaluate a car seat and look at all its components to make sure it’s safe to use.
  • Always follow manufacturer guidelines and instructions when installing a car seat. These devices only work correctly when installed properly, so make sure to read the instructions carefully.
  • Periodically check for car seat recalls. You can check the NHTSA’s website for information on the most recent car seat recalls. If you see your model on the list, get a new one immediately. In most cases, manufacturers of recalled car seats will offer a free replacement.

What to Do If Your Child’s Car Seat Fails in a Crash

Once you have sought medical attention for yourself and your child after a crash, it’s vital to take steps to protect your legal rights. Here’s what to do in these situations:

  • Don’t throw the car seat away. It’s a crucial piece of physical evidence, and experts can examine the car seat to pinpoint what went wrong and who’s to blame.
  • Save any other evidence you have from the crash scene. This includes photos or videos, eyewitness contact information, etc.
  • Get a copy of the police report. If the police responded to the crash, get a copy of the accident report or ask a lawyer to obtain it for you.
  • Do not post about the accident on social media. Insurance companies and product manufacturers can use your posts against you.
  • Talk to an experienced product liability attorney right away. They can protect your rights and explain your potential legal options.

Contact Our Philadelphia Product Liability Lawyers Now

You have the right to fair compensation if your child’s car seat failed due to a manufacturing or design defect. Call Cooper, Schall & Levy today or complete our contact form for a free consultation.

Baby girl with a cochlear implant

Cochlear Implant Failures: Proving Liability

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Cochlear implants have helped thousands of people with disabilities regain their hearing, but these devices can cause severe harm when they break or malfunction. What’s more, the emotional distress of these injuries, coupled with the sudden loss of hearing after regaining it, can have devastating effects on patients’ emotional well-being.

Unfortunately for people whose cochlear implants have failed, proving the manufacturer or another party caused the failure is often challenging. In this blog, the Philadelphia product liability attorneys at Cooper, Schall & Levy outline the challenges of these cases and explain how our team can help you recover fair compensation for your losses. Read on to learn more.

How Can Cochlear Implants Fail?

A cochlear implant typically includes two primary components: An external sound processor is implanted under the skin on the head. The implant connects to the external processor through an array of electrodes in the ear, bypassing the parts of the ear that don’t function to directly transmit sound to the brain.

When cochlear implants work as designed, they can immeasurably improve a patient’s quality of life. However, like all electronic devices, cochlear implants can fail, causing intense harm when they do. Some common ways that cochlear implants can fail include:

  • Surgical Errors: Incorrect placement or damage during surgery can cause device malfunctions, causing infections, vertigo, tinnitus, or even facial nerve damage.
  • Device Malfunction: The internal or external components of the implant can fail, leading to a loss of hearing, sudden loud noises or shocks, and a return of deafness or severe hearing impairment.
  • Faulty Design: Design flaws can result in the device not working as intended, potentially causing inconsistent sound quality, leading to difficulties in speech recognition and communication challenges.
  • Manufacturing Defects: Defects in the manufacturing process can compromise the implant’s functionality, resulting in intermittent hearing, device failure, or the need for additional surgeries to replace or repair the implant.
  • Failure to Warn: Inadequate instructions or warnings about the proper use and maintenance of the device can lead to misuse, resulting in decreased effectiveness, additional hearing loss, or injury.
  • Battery Issues: Problems with the battery or power source can lead to sudden loss of hearing, which can be particularly dangerous in situations where hearing is crucial for safety.

Who’s Responsible When a Cochlear Implant Fails?

One significant challenge in a cochlear implant failure claim is identifying who caused the issue with the device. Depending on how the failure occurred, the potentially liable parties include:

  • The implant’s manufacturer: The companies that designed and produced the cochlear implant may be responsible if the failure resulted from design flaws, manufacturing defects, or inadequate safety testing.
  • Surgeons and Medical Professionals: If the failure is related to the surgical procedure or post-operative care, the healthcare professionals involved in the implantation and follow-up care may be liable.
  • Retailers and Distributors: The companies responsible for selling or distributing the cochlear implant may be liable if they sold a defective product or failed to provide adequate warnings or instructions.
  • Designers and Engineers: If the failure is linked to the initial design or engineering of the implant, the professionals involved in these processes could be responsible.
  • Regulatory Agencies: In rare cases, regulatory bodies that approved the cochlear implant for use might be scrutinized if they did not adequately assess the device’s safety or effectiveness.

Evidence to Prove Liability in a Cochlear Implant Failure Claim

Proving a device manufacturer, doctor, or another party caused a cochlear implant to fail requires thorough evidence. An experienced product liability attorney can gather evidence to support your claim, which may include:

  • Medical Records
  • Expert Testimony
  • Implant Device Records, including Technical Specifications
  • Photographic and Video Evidence
  • FDA Reports and Recalls
  • The Device’s User Manual and Product Warnings
  • Testimonials from Other Users

Have You Sustained Injuries from a Cochlear Implant Failure? Call Our Philadelphia Injury Attorneys Today

If your cochlear implant failed and injured you, you have the right to be compensated for your injuries. The Philadelphia product liability lawyers at Cooper, Schall & Levy can find all available evidence to prove your case and represent you in your fight for justice. Call us today or complete our contact form for a free consultation.

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Can a Personal Injury Settlement Affect Social Security Disability?

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Severe accidents in Philadelphia can have lifelong effects, including leaving people unable to work. Social Security disability benefits can help people pay their bills after an accident, but what happens if someone injured in an accident wins a personal injury settlement? Can people who get a settlement retain their Social Security benefits?

At Cooper, Schall & Levy, we understand your need for answers to these critical questions. We have over 60 years of legal experience and have a deep understanding of both personal injury law and Social Security disability regulations and requirements. We can answer your questions and provide the clarity you need to take care of yourself. This blog explains everything you need to know about how a personal injury settlement affects your Social Security disability benefits.

Social Security Benefits Explained

There are three main types of Social Security benefits. In addition to retirement benefits, the Social Security Administration (SSA) provides two main types of benefits to people with disabilities or severe financial needs. Those two benefits are:

Social Security Disability Insurance (SSDI) – When people talk about Social Security disability, this is typically the program they mean. The SSDI program provides financial aid for workers with long-term or terminal injuries, provided the injured worker meets certain criteria. First, the injured worker must meet the SSA’s definition of disability. Second, the injured worker must have earned enough work credits to qualify by paying Social Security taxes on their income. What’s important to know about SSDI is that the program is not a needs-based benefit. If you qualify, you’ll get benefits, regardless of the amount of your income.

Supplemental Security Income (SSI) – The SSI program provides financial aid to people with disabilities or older adults with few or no financial resources. Unlike SSDI benefits, SSI benefits are based on the applicant’s income and other assets.

Will a Personal Injury Settlement Affect Your Social Security Disability Benefits? It Depends

Whether a personal injury settlement will affect your Social Security disability benefits depends on the type of benefits you receive. In general, a settlement should not affect SSDI benefits because that is not a needs-based program. All that matters is whether you meet the medical definition of disability and if you have earned enough work credits.

On the other hand, a personal injury settlement likely will impact your SSI benefits if you receive them. Eligibility for SSI is based on your income, and a large personal injury settlement could represent a substantial increase in your income. Depending on the size of the settlement, you could see a reduction in your SSI benefits or lose them entirely.

How Our Philadelphia Personal Injury Lawyers Can Help You

If you have not already applied for Social Security benefits or have issues with your application, we can take care of the paperwork. We can represent you in any appeals if the SSA denies your claim. Studies show that only 20 percent of Social Security disability claims are approved after the initial application, while only 29 percent of claims are approved in total once you include cases eventually approved after an appeal. Having an experienced attorney handle your claim can make a significant difference in the outcome of your application.

We can also assist you in your fight for fair compensation in a personal injury claim. We’ll handle gathering the evidence to support your claim, filing the initial paperwork, negotiating with the insurance companies, and attending any necessary court hearings. We know how insurance companies think and the tactics they use to deny or reduce the value of your claim, and we can counter these tactics with compelling arguments.

Contact Our Philadelphia Injury Attorneys Today

With Cooper, Schall & Levy by your side, you can rest assured that we’re working diligently to maximize your personal injury settlement and protect your Social Security Disability benefits. Call us today or complete our contact form for a free consultation.