People arguing over a contract

How an Attorney Can Help Resolve Contract Disputes

Business relationships can’t function without contracts. Unfortunately, having a contract does not mean disagreements can’t happen, and contract disputes can severely disrupt business operations. If a contract dispute escalates to legal action, it can take a considerable toll on all the parties involved.

At Cooper, Schall & Levy, our Philadelphia contract dispute attorneys understand the importance of resolving these disagreements quickly and effectively. While some businesses think involving a lawyer will only complicate a contract dispute, a capable attorney can help you find an agreeable solution and let you get back to work.

Common Contract Disputes in Philadelphia

There are as many contract disputes as there are types of contracts. However, some types of contract disputes tend to occur more often than others, such as:

  • Disputes over Terms and Conditions: Sometimes, the parties involved in a contract might interpret its terms and conditions differently. This can lead to disagreements over each party’s obligations and how they should fulfill those duties.
  • Failure to Deliver Goods or Services: This is a straightforward dispute that arises when one party does not deliver the promised goods or services. Failure to deliver promised goods or services can severely hamper the other party’s business operations and cause conflicts.
  • Non-Compete Agreements: Disputes sometimes arise when an employee leaves a company and starts working with a competitor or starts a similar business, potentially violating their non-compete agreement. On the other hand, employees sometimes balk at what they see as an unfair non-compete agreement that interferes with their ability to earn a living.
  • Partnership Disputes: These disputes occur between business partners or shareholders and can involve disagreements on business operations, profit sharing, or the direction of the business.
  • Contract Termination Issues: Disagreements can also occur over the proper way to end a contract, including what obligations remain and the applicability of termination clauses.

Benefits of Hiring an Experienced Contract Dispute Lawyer

Many business owners and executives pride themselves on their negotiation skills and ability to resolve disputes. These are admirable traits, but working with an experienced contract dispute attorney offers several advantages. First, businesses benefit from their attorney’s neutral perspective, which can help them better understand the issues involved in the dispute and find a path forward. Second, a lawyer can handle all the legal work in these disputes, allowing executives to focus on core business operations with a minimum of disruptions and distractions. Finally, if a contract dispute escalates to legal action, an attorney can represent the business in arbitration or litigation, using their experience and knowledge to forcefully advocate for their client.

How We Can Help You with a Contract Dispute

The Philadelphia contract dispute lawyers at Cooper, Schall & Levy have helped many businesses resolve complex disputes quickly and fairly. Here are a few ways we can help with your issue:

  • Clarifying Legal Rights and Obligations: Our attorneys can clearly explain your legal rights and obligations under the contract. This understanding is crucial for making informed decisions throughout the dispute-resolution process.
  • Negotiating on Your Behalf: Our contract dispute lawyers can engage with the other party to find a mutually acceptable solution, often without a lawsuit. This can save time and reduce stress.
  • Drafting and Reviewing Settlement Agreements: Once a resolution is in sight, we can make sure the settlement agreement is fair and includes all necessary terms to prevent future disputes.
  • Representing You in Mediation or Arbitration: Some contract disputes require mediation or arbitration to resolve. We can represent your interests in these settings and advocate for a fair outcome.
  • Litigation: If a dispute cannot be resolved through negotiation or mediation, we can file a lawsuit and represent you in court. We will prepare a robust case to support your position, aiming for a favorable judgment.
  • Enforcing Settlements: After reaching a settlement, we can help ensure that the agreement is fully enforced and that you receive what was agreed upon. If the other party does not adhere to the settlement terms, we can take further legal action on your behalf.

Contact Our Philadelphia Commercial Law Attorney Today

Our Pennsylvania contract dispute attorneys are ready to protect your business’s rights and help you find a quick resolution. Call Cooper, Schall & Levy today or complete our online contact form to schedule a consultation.

Baby girl with a cochlear implant

Cochlear Implant Failures: Proving Liability

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.

wrongful death

Who Can File a Wrongful Death Claim in Pennsylvania?

Accidents can have devastating, and sometimes fatal, consequences for those involved. Did you know that if you have lost a loved one in an accident? You may be able to receive compensation pursuant to a wrongful death claim? While no amount of compensation can ever feel the void left by a loved one gone too soon, it can be very helpful for the financial burdens left on the shoulders of grieving family members after a loved one passes. Wrongful death claims, however, can be extremely complex and must be properly handled in order to be successful. There are even limitations on who can file a wrongful death claim in Pennsylvania.

Filing a Wrongful Death Claim in Pennsylvania

Pennsylvania law defines wrongful death as a death resulting from someone else’s negligence or wrongful act. It can be helpful to think of a wrongful death claim as a personal injury suit that could have been brought by the deceased had he or she survived the accident. A wrongful death claim is a civil action to pursue damages intended to compensate grieving loved ones for the monetary losses, among other losses, incurred due to the death of a loved one.

In Pennsylvania, only the personal representative of the deceased individual’s estate can bring a wrongful death claim. The personal representative files the claim on behalf of the loved ones of the decedent. There is, however, an exception to the general mandate that only the personal representative can file a wrongful death claim. If a personal representative fails to file the wrongful death claim within six months of the decedent’s date of death, then any of the estate beneficiaries may file the wrongful death claim on behalf of all of the beneficiaries.

There are a number of damages that can be pursued in a wrongful death claim. These damages can include compensation for:

  • Cost of estate administration
  • Cost of funeral and burial
  • Medical bills incurred by the deceased after the accident
  • The deceased’s pain and suffering after the accident, prior to death
  • The amount of lost wages and benefits that could have been reasonably expected of the deceased to earn had he or she survived the accident
  • Loss of companionship, moral guidance, support, and comfort

It is important to remember that compensation for certain damages, such as loss of companionship and comfort, is only available in cases where the decedent has a surviving spouse, child, or parent. Conversely, damages such as burial and funeral expenses, the cost of estate administration, and outstanding medical bills go to the estate in order to pay for the costs related to the decedent’s death. This is why personal representatives can seek these damages even when the decedent has no surviving relatives.

Philadelphia Personal Injury Attorneys

Have you lost a loved one in an accident? Let the dedicated legal team at Cooper, Schall & Levy take over the legal fight for compensation so that you and your loved ones can focus on healing after such a devastating loss. Contact us today.

medical malpractice

Common Challenges in Medical Malpractice Claims

If you have been the victim of medical negligence, you may have incurred a significant amount of physical, mental, emotional, and financial suffering. In order to recoup at least some of what you have lost, you may do so by bringing a medical malpractice claim. Medical malpractice claims can be very difficult to successfully pursue for a number of reasons. Here, we will discuss some of the common obstacles claimants face in medical malpractice cases.

Common Challenges in Medical Malpractice Claims

One of the major barriers to succeeding in a medical malpractice claim seems to be the fact that many people will defer to a doctor’s judgment, no matter how unfavorable the results may have been for the patient. People consider a doctor’s job to be very difficult and usually give them the benefit of the doubt in decisions regarding patient care. This is a huge obstacle to overcome in a medical malpractice claim. This is because a doctor or treating medical provider is deemed to be negligent when he or she fails to exercise the requisite level of care in treating the patient.

Doctors and other medical professionals have a duty to act in a way that similarly situated and similarly located medical professionals would act under comparable circumstances. When medical professionals fail to uphold this duty, and a patient suffers as a result, a claim for medical malpractice may be substantiated. It can be difficult to prove that a doctor’s actions were a deviation from this standard of care. It will often require extensive expert testimony from other medical providers and health care experts to support the fact that the doctor or medical professional failed to treat a patient the way another medical professional would have under similar circumstances.

Another critical element that needs to be supported in order to successfully bring a medical malpractice claim is causation. It is not enough to show that a doctor was negligent. The doctor’s negligence must have been a direct cause of suffering for the patient. When a patient is already suffering from health concerns, it can be difficult to show that harm was caused by a doctor’s negligence as opposed to underlying health conditions. It can be difficult to prove that the harm suffered by the patient would not have happened even without the doctor’s negligence interfering.

Philadelphia Personal Injury Attorneys

Yes, medical malpractice claims can be difficult. However, they are often critical to give an injured patient an opportunity to recover the financial support necessary to pay for things like outstanding medical expenses, the cost of future medical care, and compensation for lost wages or loss of earning capacity. These are the fights that are worth fighting and need to be fought. In addition to getting an injured party much-needed compensation, medical malpractice claims hold health care professionals accountable for their negligence. This could help protect other patients from needlessly suffering under negligent medical care. The dedicated attorneys at Cooper Schall & Levy will tirelessly pursue your medical malpractice claim. Contact us today.

X-rays showing traumatic brain injury symptoms.

Traumatic Brain Injury Symptoms

Whether it be a car accident, a slip and fall, or some other accident caused by someone else’s negligence, the injuries you sustained can completely upturn your life. A traumatic brain injury is one such injury that can have serious and lasting consequences and often is the result of something such as an auto accident. There is a range in severity when diagnosing brain injuries. A more serious brain injury can result in physical damage to the brain such as bruising, bleeding and torn tissue. 

Your head does not even need to actually strike or be struck by anything to sustain a traumatic brain injury, although that is a common scenario. There does not need to be an open wound or a visible bruise to the skull for a brain injury to have been sustained. For instance, a car accident can exert such a force on a person as to cause the brain to internally strike the skull. The resulting damage to the brain is a serious consequence of such accidents and requires medical treatment as soon as possible. Unfortunately, symptoms relating to a traumatic brain injury can greatly vary and may not even appear until days or even weeks after an accident occurs.

Symptoms of a Traumatic Brain Injury

Be familiar with the possible symptoms of a traumatic brain injury. After an accident, take care to monitor the status of you or a loved one to make sure they are not exhibiting any symptoms relating to a traumatic brain injury. Remember that symptoms often vary depending on the severity of the injury. A victim of a traumatic brain injury may show physical symptoms such as:

  • Loss of consciousness
  • Disorientation
  • Headache
  • Nausea
  • Vomiting
  • Fatigue
  • Drowsiness
  • Dizziness
  • Loss of balance
  • Difficulties with speech
  • Weakness in fingers and toes
  • Numbness in fingers and toes
  • Loss of coordination
  • Trouble sleeping
  • Sleeping more than usual
  • Convulsions or seizures

In addition to such physical symptoms, there are potential sensory-related symptoms of a traumatic brain injury including:

  • Blurred vision
  • Ringing in the ears
  • Altered ability to smell
  • Light sensitivity
  • Sound sensitivity
  • Lingering bad taste in the mouth

In addition to all of the above potential symptoms, it is important to be aware of the potential cognitive symptoms exhibited by a person who has sustained a traumatic brain injury. Such cognitive symptoms may include:

  • Memory problems
  • Difficulty concentrating
  • Mood swings
  • Changes in mood
  • Depression
  • Anxiety
  • Slurred speech
  • Coma
  • Loss of consciousness
  • Unusual behavior
  • Agitation
  • Combativeness
  • Confusion

Again, these symptoms will not necessarily present themselves immediately after an accident. Be on the lookout for them as catching a traumatic brain injury early on can make a huge difference as far as ensuring that the injury victim receives the necessary treatment.

Pennsylvania Personal Injury Attorneys

The injuries victims in personal injury actions have endured can be, simply put, heartbreaking. To see a person suffer so due to the negligence of another is difficult, but it drives the dedicated personal injury attorneys at Cooper Schall & Levy to tirelessly fight for clients. Contact us today.