Generated by Rank Math SEO, this is an llms.txt file designed to help LLMs better understand and index this website. # Freeburn Law: Freeburn Law is a leading accident, workers’ compensation and personal injury law firm in Harrisburg serving residents throughout Central Pennsylvania. We focus on helping injured people get the medical treatment and financial compensation they deserve after a serious accident. Freeburn Law can represent you in any type of personal injury, wrongful death, product liability or workers’ compensation matter. ## Sitemaps [XML Sitemap](https://pa-injurylawyer.com/sitemap_index.xml): Includes all crawlable and indexable pages. ## Posts - [Does Surgery Increase Workers' Comp Settlement in Pennsylvania?](https://pa-injurylawyer.com/does-surgery-increase-workers-comp-settlement/): If you have been told you need surgery after a workplace injury, one of the first questions that comes to mind is what that means for your workers' compensation case. Surgery changes the financial picture of a claim significantly, and understanding how it affects settlement value can help you make better decisions about when and whether to settle, and how to avoid leaving compensation on the table. - [What If My Employer Won't Report My Injury?](https://pa-injurylawyer.com/employer-wont-report-workplace-injury/): Reporting a workplace injury is supposed to be straightforward. You tell your supervisor what happened, and the process moves forward. For some injured workers in Pennsylvania, that is not what happens. Employers sometimes dismiss injuries as minor, question whether they happened at work, fail to file required paperwork, or pressure workers not to pursue a claim. If you are in that situation, you have rights, and your employer's refusal to cooperate does not eliminate them. - [What Happens If My Workers' Comp Claim Is Denied in Pennsylvania?](https://pa-injurylawyer.com/workers-comp-claim-denied-pennsylvania/): Getting a workers' compensation denial after a work injury is one of the most frustrating experiences an injured worker can face. You followed the process, reported your injury, and sought medical treatment, and now the insurance company is telling you that your claim has been denied. It can feel like the end of the road, but in Pennsylvania, a denial is often just the beginning of a process that can still result in the benefits you deserve. - [Pennsylvania Motorcycle Crash Statistics: The Counties Seeing the Most Serious Accidents](https://pa-injurylawyer.com/pa-motorcycle-crash-statistics-by-county/): This post breaks down Pennsylvania motorcycle crash and fatality data from 2019 through 2024, with a focus on the counties and corridors where risk is highest. If you or someone you love was hurt in a motorcycle crash, Freeburn Law's Pennsylvania motorcycle accident lawyers are ready to help. - [Who Pays Medical Bills After a Car Accident in Pennsylvania? A Step-by-Step Guide](https://pa-injurylawyer.com/medical-bills-car-accident-pennsylvania/): If you were just in a car accident and medical bills are already arriving, you are not as stuck as you might feel right now. Pennsylvania has a specific system for how these bills get paid, and while it can feel confusing in the middle of it, there is a logical order.  - [FREEBURN LAW GETS CLIENT AN ADDITIONAL $400,00.00 IN INSURANCE COVERAGE](https://pa-injurylawyer.com/freeburn-law-gets-client-an-additional-40000-00-in-insurance-coverage/): When someone suffers an injury that was not their fault, they expect the insurance companies to step up and do the right thing, right?  Unfortunately, that’s not how it works in the real world.   - [Top 5 Workers' Compensation Forms in Pennsylvania](https://pa-injurylawyer.com/workers-comp-forms-pennsylvania/): A workplace injury turns your life upside down quickly enough without the added stress of confusing paperwork. But in Pennsylvania's workers' compensation system, the forms you receive and how you respond to them can directly determine whether your benefits are approved, delayed, or denied. These documents can be confusing, but understanding what each document means before you sign anything is not just helpful. It is essential. - [Road Hazards and Poor Infrastructure in Pennsylvania](https://pa-injurylawyer.com/road-hazards-in-pennsylvania/): Road hazards are dangerous conditions on or near the roadway that increase the risk of an accident. Some hazards appear suddenly, while others develop over time because of neglect, poor planning, or lack of maintenance. In either case, they can create serious safety risks for drivers, passengers, motorcyclists, bicyclists, and pedestrians. - [Car Crash Injury Statistics for Women vs Men](https://pa-injurylawyer.com/car-crash-injury-statistics-for-women-vs-men/): Car safety has improved a lot over the years, but it hasn’t improved equally for everyone. A growing body of research shows that women face a higher risk of serious injury in crashes compared to men. That gap isn’t random, but reflects decades of design choices, testing standards, and policy decisions that didn’t account for how women’s bodies respond in collisions. - [Back Injury After a Rideshare Accident in Pennsylvania: What You Need to Know About Your Rights](https://pa-injurylawyer.com/back-injury-after-a-rideshare-accident-in-pennsylvania-what-you-need-to-know-about-your-rights/): You got in an Uber or Lyft accident and now your back hurts. Maybe the pain started at the scene. Maybe it crept in the next morning when you tried to get out of bed. Either way, you are dealing with injuries completely out of your control and trying to figure out what to do about it. Whether you can file a claim, who you can file it against, and how much your injury is actually worth are all questions that deserve real answers, not insurance company talking points. - [Who Pays After an Uber or Lyft Accident in Pennsylvania? A Plain-English Guide to Rideshare Insurance](https://pa-injurylawyer.com/who-pays-after-an-uber-or-lyft-accident-in-pennsylvania-a-plain-english-guide-to-rideshare-insurance/): If you were injured as a passenger or were driving for the rideshare company when an accident occurred, you’re likely dealing with a tangle of insurance companies, none of whom seem eager to write a check. This quickly becomes a blame game of shifting liability, meanwhile your medical bills are arriving and nobody is giving you a straight answer. - [Full Tort vs. Limited Tort in Pennsylvania: Why This Choice Matters More Than You Think](https://pa-injurylawyer.com/full-tort-vs-limited-tort-pennsylvania/): Choosing between full tort and limited tort insurance in Pennsylvania is a small decision. It’s not. - [What Is the Difference Between Wrongful Death and Survival Action?](https://pa-injurylawyer.com/what-is-the-difference-between-wrongful-death-and-survival-action/): After a fatal accident, families are often introduced to legal terms they have never heard before. Two of the most common phrases are wrongful death and survival action. These terms are frequently used together, which can make the process even more confusing, especially during a time of grief. - [Recovering Damages for Death: How a Survivorship Action Works](https://pa-injurylawyer.com/recovering-damages-for-death-how-a-survivorship-action-works/): Losing someone you love is devastating. Whether their death was from an accident, medical error, or another act of negligence, the grief is often compounded by the knowledge that they suffered before they passed. Many families quietly wonder if what their loved one went through before ultimately passing away matters under the law. - [How Catastrophic Injury Claims Work in Pennsylvania (2026 Edition)](https://pa-injurylawyer.com/how-catastrophic-injury-claims-work-in-pennsylvania-2026-edition/): When a catastrophic injury occurs, life does not simply pause while legal questions get answered. Medical bills begin immediately. Work stops. Families are forced to make long-term decisions under intense pressure, often without knowing what compensation may be available or how long the process will take. - [The Biggest Mistake Pennsylvania Victims Make After a Catastrophic Injury](https://pa-injurylawyer.com/the-biggest-mistake-pennsylvania-victims-make-after-a-catastrophic-injury/): A catastrophic injury changes everything in an instant. One moment you are living your normal life. Next, you are facing permanent physical limitations, mounting medical bills, lost income, and uncertainty about your future. In those early days and weeks after a serious accident, many Pennsylvania injury victims unknowingly make one decision that permanently damages their ability to recover full compensation…trying to negotiate with insurers on their own. - [IME Tactics That Can Undermine Your Pennsylvania Workers’ Comp Case](https://pa-injurylawyer.com/ime-tactics-that-can-undermine-your-pennsylvania-workers-comp-case/): If you have been injured at work in Pennsylvania, you may be required to attend an Independent Medical Exam, or IME. While these exams are often presented as a routine part of the workers’ compensation process, they can actually be used against you. Insurance companies hire IME doctors to provide an evaluation of your injury, but it is important to understand that these doctors are not your advocates.  - [Why Truck Rollovers Are Deadlier Than You Think – And How to Protect Yourself](https://pa-injurylawyer.com/why-truck-rollovers-are-deadlier-than-you-think-and-how-to-protect-yourself/): When you share the road with massive commercial trucks, safety is a top priority. But even the most cautious drivers may not fully grasp the dangers posed by truck rollovers. The enormous size and weight of trucks amplify the risks, putting nearby drivers and passengers in life-threatening situations within a moment’s notice. Understanding why these accidents are so deadly is the first step toward staying safe. More importantly, knowing what to do if a truck rollover impacts you or your loved ones can provide a sense of control in an otherwise chaotic situation. - [What to Do When a Car Hits You in a Crosswalk in Pennsylvania](https://pa-injurylawyer.com/what-to-do-when-a-car-hits-you-in-a-crosswalk-in-pennsylvania/): Being hit while walking or cycling in a crosswalk can be a frightening and confusing experience. Pedestrians and cyclists are some of the most vulnerable people on the road, and even a minor collision can result in serious injuries. If this happens in Pennsylvania, it is crucial to understand your rights and the steps you should take immediately after the accident.  - [Steel Mill Injuries in Pennsylvania](https://pa-injurylawyer.com/steel-mill-injuries-in-pennsylvania/): Steel production has long been a cornerstone of Pennsylvania’s economy, but the work comes with significant risks for those who keep mills running. From burns caused by molten metal to crush injuries involving heavy machinery, steel mill workers face hazards that can leave lasting physical and financial consequences. - [What to Do If You’re Hit by a Car in a Crosswalk in Pittsburgh](https://pa-injurylawyer.com/what-to-do-if-youre-hit-by-a-car-in-a-crosswalk-in-pittsburgh/): Pittsburgh is a city built around neighborhoods, bridges, and busy intersections. People walk everywhere—whether it’s crossing Forbes Avenue in Oakland, heading through Downtown during rush hour, or moving between restaurants and venues on the South Side. Unfortunately, the mix of heavy traffic, tight intersections, distracted drivers, and complicated one-way streets means pedestrian crashes happen far too often. - [Does Surgery Increase Workers' Comp Settlement in Pennsylvania?](https://pa-injurylawyer.com/does-surgery-increase-workers-comp-settlement-in-pennsylvania/): If you are a Pennsylvania worker injured on the job, you might wonder, “Does surgery increase workers' comp settlement?” Many injured employees consider surgery as part of their recovery but worry about how it affects their claim. Surgery can lead to significant time away from work, leading some workers to question if they’ll even get enough compensation for their claim to cover all that time. - [Tinnitus After Head Injury in Pennsylvania: Know Your Legal Rights](https://pa-injurylawyer.com/tinnitus-after-head-injury-in-pennsylvania-know-your-legal-rights/): If you are hearing a persistent ringing, buzzing, or humming sound after a head injury, you may be experiencing tinnitus. This condition affects thousands of people in Pennsylvania each year and can significantly impact concentration, sleep, and emotional well-being. - [Hit by an Uninsured Driver in Pennsylvania? Here’s Your Legal Guide](https://pa-injurylawyer.com/hit-by-an-uninsured-driver-in-pennsylvania-heres-your-legal-guide/): Getting into a car accident is frightening, but discovering the driver who hit you doesn’t have insurance can make a bad situation seem hopeless. - [Local & National Resources for Spinal Cord Injury](https://pa-injurylawyer.com/local-national-resources-for-spinal-cord-injury/): In continued recognition of September as Spinal Cord Injury Awareness Month, Freeburn Law highlights local and national resources that can provide support and assistance to those who have suffered a potentially life-altering Spinal Cord Injury (SCI). - [When to Report a Car Accident in Pennsylvania: What the Law Says](https://pa-injurylawyer.com/when-to-report-a-car-accident-in-pennsylvania-what-the-law-says/): If you were in a car accident in Pennsylvania, you may be unsure of your next steps. At Freeburn Law, our attorneys will walk you through the requirements for reporting an accident, who needs to be notified, and the laws surrounding Pennsylvania crashes. - [Our Guide to Construction Site Accidents](https://pa-injurylawyer.com/our-guide-to-construction-site-accidents/): Construction sites are some of the most dangerous workplaces in America. Thousands of workers are injured or killed in construction accidents every year. Many of these accidents and injuries are preventable and are caused by negligence, inexperience, or inadequate safety measures. If you are injured in a construction accident in Pennsylvania, you need to speak with an attorney to determine your legal options. - [How Long Can You Collect Workers’ Comp in Pennsylvania?](https://pa-injurylawyer.com/how-long-can-you-collect-workers-comp-in-pennsylvania/): Pennsylvania’s workforce is built on determination and grit, and every hard worker deserves the peace of mind that comes with knowing they’ll be taken care of after a workplace injury. If you’re recovering from a workplace injury, one of the biggest questions is how long your workers’ compensation benefits will last. The answer can depend on many factors, including the severity of your injury and the type of benefits you’re receiving. For Pennsylvania’s dedicated workers, understanding your rights is key to making sure you and your family get the support you need for as long as it’s available. - [Underride Truck Accidents in Pennsylvania](https://pa-injurylawyer.com/underride-truck-accidents-in-pennsylvania/): Underride truck accidents are among the most devastating types of collisions that can occur on Pennsylvania highways. These accidents happen when a smaller vehicle collides with the rear or side of a large commercial truck and becomes trapped underneath. Due to the size and design of trucks, underride accidents often result in severe injuries or fatalities for the occupants of the smaller vehicle.  - [Uber Accident Passenger: What to Do After Being Injured in a Crash](https://pa-injurylawyer.com/uber-accident-passenger-what-to-do-after-being-injured-in-a-crash/): An Uber ride is supposed to be a convenient and stress-free way to get where you need to go, but what happens when your trip is interrupted by an accident? If you’ve been injured as a passenger, questions may begin to pile up quickly. - [Workers' Comp for Carpal Tunnel: Know Your Rights in Pennsylvania](https://pa-injurylawyer.com/workers-comp-for-carpal-tunnel-know-your-rights-in-pennsylvania/): For many hardworking individuals in Pennsylvania, jobs that involve repetitive motions are just part of the daily grind. But when this kind of work starts to take a toll on your health, it’s more than just a nuisance—it’s a serious issue. Carpal tunnel syndrome can make once-simple tasks painful and frustrating, leaving you to wonder how you’ll cope with medical expenses and time away from work. If this sounds all too familiar, you may be able to seek compensation, benefits, and help available through workers' compensation. Whether you’re uncertain about eligibility, unsure how to file a claim, or overwhelmed by the process, contact Freeburn Law today, and we can help guide you through the process.  - [PA Motorcycle Insurance Laws in 2025: What Every Rider Must Know to Stay Protected](https://pa-injurylawyer.com/pa-motorcycle-insurance-laws-in-2025/): Navigating the open roads of Pennsylvania on a motorcycle offers freedom and adventure, but it comes with responsibilities, including meeting the state’s motorcycle insurance requirements. Understanding these laws and maintaining the right coverage is essential for staying compliant, protecting yourself financially, and avoiding legal trouble.  - [Can Dash Cam Footage Be Used As Evidence in a PA Car Accident Case?](https://pa-injurylawyer.com/can-dash-cam-footage-be-used-as-evidence-in-a-pa-car-accident-case/): An extra set of eyes is always beneficial, especially one that captures everything that happens on the road and offers essential evidence. With dashboard cameras becoming increasingly common, many drivers wonder if dash cam footage can be used as evidence in a personal injury case in Pennsylvania. - [Pennsylvania Rear-End Accident Lawyer: Fight for the Compensation You Deserve](https://pa-injurylawyer.com/pennsylvania-rear-end-accident-lawyer/): Rear-end accidents are among the most common types of car crashes in Pennsylvania, especially in busy areas like Harrisburg, York, and Lancaster. These collisions can cause serious injuries, expensive medical bills, and lasting pain. If you’ve been hurt in a rear-end crash, you may be entitled to compensation for your medical expenses, lost wages, and other damages. - [Understanding the 2025 Law Changes in Pennsylvania and Their Impact on Workers' Compensation](https://pa-injurylawyer.com/personal-injury-claims-2025-pa-changes/): Workers' compensation laws play a critical role in protecting Pennsylvania’s workforce, offering vital support to employees injured on the job. With new legislation taking effect in 2025, recent updates are poised to reshape the workers' compensation landscape, making it more accessible and efficient for the people who rely on it most. These updates and enhancements reflect the evolving needs of today’s workforce and aim to provide greater protection and financial security for injured employees.  - [10 Reasons to Always Report an Accident to the Police and your Insurance Carrier](https://pa-injurylawyer.com/10-reasons-to-always-report-an-accident-to-the-police-and-your-insurance-carrier/): Following an accident, it is not uncommon for the other party to admit that they were at fault and ask that you not call the police. They may also ask that you not report the accident to your insurance carrier and promise to pay for your damages out of pocket. Ten reasons why you should never listen to them.   - [Lane Splitting in Pennsylvania](https://pa-injurylawyer.com/lane-splitting-in-pennsylvania/): Lane splitting occurs when a motorcyclist drives within the same lane or between two lanes. Lane splitting is frequently used by motorcyclists to pass slower-moving vehicles or to maneuver through traffic. The practice is controversial and unlawful in some states, including Pennsylvania. If you are involved in a lane-splitting accident, you must speak to an attorney immediately. - [Think You Can Sue Anytime After an Accident? Think Again—Here’s the Deadline](https://pa-injurylawyer.com/how-long-after-car-accident-can-you-sue-pa/): Seeking justice after a car accident doesn’t always happen overnight. After a car accident, you may be unsure if you have a strong enough claim or hesitate to seek compensation. Whatever your motivation, understanding the legal timeline for filing a car accident lawsuit can affect your ability to seek justice and recover the compensation you deserve. At Freeburn Law, we can help ensure that you don’t miss the critical deadlines for taking action. Don’t allow confusion or missed timelines to jeopardize your chance for justice—get the guidance and advocacy you deserve. - [5 Common Mistakes That Could Ruin Your Car Accident Claim](https://pa-injurylawyer.com/mistakes-that-could-cost-your-accident-claim/): A car accident can turn your life upside down in a heartbeat, but the crucial actions you take following an accident can impact your life and the compensation you are entitled to. Even the smallest missteps or words spoken while you are extremely upset or injured can harm your claim and make it more challenging to receive the settlement you deserve. Understanding drivers' common mistakes after an accident can keep you from making those mistakes and protect your rights. If you or a loved one have been involved in a car accident and need legal guidance, you can count on Freeburn Law. Freeburn Law is a leading accident and personal injury firm serving communities throughout central Pennsylvania.  - [Shocking Causes of Car Accidents in 2025—Are You at Risk?](https://pa-injurylawyer.com/shocking-causes-of-car-accidents-in-2025-are-you-at-risk/): The new year brings fresh opportunities to prioritize safety on the road and avoid the devastating impacts a car accident can have on your life. Understanding the leading causes of car accidents in 2025, who might be liable for the crash, and what steps to take after an accident are vital tools and knowledge for every driver who gets behind the wheel this year. By staying informed, you can better protect yourself and your family from unnecessary pain and suffering. At Freeburn Law, we understand that no one is ever prepared for the emotional, physical, and financial toll an unexpected car accident has on your life. Contact us today to have the exceptional legal representation that you deserve. - [Understanding Car Accident Settlements in Pennsylvania](https://pa-injurylawyer.com/pennsylvania-auto-insurance-laws-regulations/): Car accidents can be a frightening experience, leaving you unsure of what to do next. If you've been in a car accident in Pennsylvania, understanding how settlements work can help alleviate some of the stress and uncertainty. Freeburn Law is here to help you discuss your options, help avoid common mistakes, and secure the compensation you deserve. - [Paul Miller’s Law in Pennsylvania: What Drivers Need to Know](https://pa-injurylawyer.com/paul-millers-law-preventing-distracted-driving-fatalities/): Paul Miller’s Law is a new distracted driving law in Pennsylvania named after Paul Miller Jr., a 21-year-old who tragically died in 2010 after a distracted truck driver crashed into his vehicle. This tragic accident inspired lawmakers to take stronger action against distracted driving, a serious problem that causes thousands of accidents and fatalities across Pennsylvania each year. - [Your Guide to Pennsylvania Snow Removal Laws](https://pa-injurylawyer.com/your-guide-to-pennsylvania-snow-removal-laws/): While the first snow of winter is magical, the first drive through snow is a test of skill and preparedness. Driving through winter comes with unique challenges and dangers, so to combat these dangers, states have put snow removal laws in place to help keep everyone on the road safe. In Pennsylvania, drivers must make reasonable efforts to remove snow and ice from their cars within 24 hours after the snowfall has stopped.  - [Tragic Semi-Truck Crash on Route 283 in Dauphin County](https://pa-injurylawyer.com/tragic-semi-truck-crash-on-route-283-in-dauphin-county/): A serious accident involving a tractor-trailer occurred on Route 283 in Dauphin County, causing significant injuries and raising questions about the circumstances leading to the crash. The collision, which happened in Londonderry Township, left five people injured and involved a vehicle fire that trapped two young children inside a car. - [PA Workers' Compensation Benefits and A Pre-existing Condition](https://pa-injurylawyer.com/works-compensation-benefits-and-pre-existing-conditions/): Navigating workers' compensation can be challenging, especially if you have a pre-existing condition. In 2025, Pennsylvania introduced significant updates to its workers' compensation laws, clarifying how benefits are calculated when a work injury exacerbates an existing condition. This post will break down these changes and provide practical advice on securing the benefits you deserve. - [Staying Chill Behind the Wheel: Winter Driving Safety Tips](https://pa-injurylawyer.com/winter-driving-safety-tips/): Every year, winter brings more car accidents than any other month. December 2013 had the most accidents, followed by November 2013 and October 2013. - [New Pennsylvania Law: Clear Your Car of Ice and Snow Before Driving](https://pa-injurylawyer.com/new-pennsylvania-law-clear-your-car-of-ice-and-snow-before-driving/): It’s the most wonderful time of the year, and while the snow glows white on the mountains in Pennsylvania, drivers are legally required to remove dangerous snow from their vehicles. If you or your loved ones have faced injuries and accidents from another driver's negligence in these snowy driving conditions, you need to contact Freeburn Law below. - [Reporting Work Injuries](https://pa-injurylawyer.com/reporting-work-injuries/): How Should I Report My Work Injuries? - [Supreme Court Limits Gun Carry for 18-Year-Olds: Potential Impact on Public Safety](https://pa-injurylawyer.com/supreme-court-limits-gun-carry-for-18-year-olds-potential-impact-on-public-safety/): Recently, the Supreme Court in Pennsylvania has changed its gun control laws for 18 to 20-year-olds. The decision states that while under a state of emergency, 18 to 20-year-olds may not carry a weapon.  - [Dacthal Exposure During Pregnancy: Health Risks & Potential Lawsuits](https://pa-injurylawyer.com/dacthal-exposure-during-pregnancy-health-risks-potential-lawsuits/): Are you concerned about potential exposure to Dacthal herbicide during your pregnancy? You're not alone. Recent scientific evidence and legal actions raise serious questions about the safety of this weedkiller, particularly for developing fetuses. This blog post from Freeburn Law, your trusted Harrisburg personal injury lawyers, explores the health risks associated with Dacthal exposure during pregnancy and potential legal options for those affected in Pennsylvania. - [Do You Know the Signs of a Traumatic Brain Injury?](https://pa-injurylawyer.com/do-you-know-the-signs-of-a-traumatic-brain-injury/): We love cheering on our teams alongside parents, students, and faculty, but are reminded of the potential risks student-athletes face every day. - [Hit and Run in Harrisburg, Pennsylvania: Protecting Your Rights After a Fleeing Driver](https://pa-injurylawyer.com/hit-and-run-in-harrisburg-pennsylvania-protecting-your-rights-after-a-fleeing-driver/): Being involved in a hit-and-run accident can be a scary and confusing experience. Pennsylvania’s legal system offers specific protections and procedures to help after such an awful experience. - [Celebrate Motorcycle Safety Month: Tips for Riders & Drivers](https://pa-injurylawyer.com/celebrate-motorcycle-safety-month-tips-for-riders-drivers/): This campaign aims to remind all drivers to share the road, respect motorcyclists, and educate riders on how to stay safe while out on the road. - [Falsely Blamed For A Motorcycle Accident In Pennsylvania? Here’s What To Do](https://pa-injurylawyer.com/falsely-blamed-for-a-motorcycle-accident-in-pennsylvania-heres-what-to-do/): Accidents on the road are inherently scary for all those involved, especially when a motorcycle is involved. A motorbike’s lack of physical protection can lead to more devastating injuries than buckled in a car or truck. Most suffer serious injuries when in an accident on their motorcycle, and then are falsely accused of the motorcycle accident as well! If you are struck on the road by a driver who didn’t check twice for motorcycles, stay calm, document what you can, and get legal representation from Freeburn Law.  - [What to Do If You Are a Subcontractor Injured on a Construction Site](https://pa-injurylawyer.com/what-to-do-if-you-are-a-subcontractor-injured-on-a-construction-site/): Working on a construction site is undeniably one of the more physically demanding and dangerous jobs in the United States. From bodily injuries, disabilities, or even fatal accidents  - [Should I Go Back to Work After an Injury on the Job?](https://pa-injurylawyer.com/should-i-go-back-to-work-after-an-injury-on-the-job/): Many people feel the pressure to return to work quickly after an accident. Unfortunately, returning to work too early can prolong your recovery and even worsen certain conditions. In order to protect yourself, it is important to know your rights after an injury on the job, including if and when you should return to work. - [Are Semi-Truck Accidents Covered Under Workers Comp?](https://pa-injurylawyer.com/are-semi-truck-accidents-covered-under-workers-comp/): Semi-truck drivers who are injured in an accident in Pennsylvania may be covered under the state’s workers’ compensation laws. - [What Is “Demonstrative Evidence” in a Car Accident Injury Claim?](https://pa-injurylawyer.com/what-is-demonstrative-evidence-in-a-car-accident-injury-claim/): If you are injured by another person’s negligence, you may need to prove your case in order to obtain compensation for your damages. In order to prove your case, you will need to rely on different kinds of evidence. One of the most influential types is demonstrative evidence that illustrates the testimony of a witness. - [10 Common Mistakes to Avoid in Workers' Compensation Claims](https://pa-injurylawyer.com/10-mistakes-to-avoid-in-workers-comp-claims/): If you have been injured at work, the last thing you want to do is have unnecessary delays in receiving your workers’ compensation benefits. Unfortunately, workers’ compensation claims are routinely denied or delayed because of routine mistakes. Working with an attorney can help you avoid these common pitfalls and ensure you receive the benefits you deserve as quickly as possible. - [Protecting Children: Pennsylvania’s New School Bus Law and Your Rights](https://pa-injurylawyer.com/new-pa-law-failure-to-stop-for-school-bus/): Ensuring the safety of our children is a top priority, especially when it comes to their commute to and from school. Pennsylvania’s updated school bus law, effective in 2024, takes significant steps to protect children by creating safer conditions around school buses. For parents, this law not only aims to prevent car accidents but also empowers families to hold negligent drivers accountable if their actions lead to harm. - [How Much Can I Earn on Social Security Disability in 2024?](https://pa-injurylawyer.com/how-much-can-i-earn-on-social-security-disability-in-2024/): Many people mistakenly believe that you can’t earn any money to get or stay on social security disability. However, this is not the case. You can earn a small amount of money and still get social security disability. - [Winter Driving Safety Tips](https://pa-injurylawyer.com/winter-driving-safety-tips-2/): Pennsylvania gets its fair share of snow, sleet, and rain in the winter months, and this often leads to more car accidents. These accidents are often preventable, and it is important to know how to be safe in the winter. Following these tips will also help ensure you are not liable or negligent in any accident that may occur. - [Most Dangerous Holidays for Driving](https://pa-injurylawyer.com/most-dangerous-holidays-for-driving/): Driving on Pennsylvania’s roadways can be dangerous at any time of the year, but certain holidays present a higher risk for injury or death compared to others. It is important to remember that holidays often bring more drivers on the roads and the potential for more people driving under the influence of alcohol or drugs. The more precautions you take, the safer you and everyone else will be on the road. - [What Happens If Insurance Denies My Claim?](https://pa-injurylawyer.com/what-happens-if-insurance-denies-my-claim/): If you have been involved in an accident, you may reach out to your insurance company or the insurer of the party that caused you harm. While you may expect to receive a fair and full settlement from the insurer, claims are routinely delayed or denied. If your insurance claim is denied, you may have legal recourse. - [6 Safety Tips For Working In Cold Weather](https://pa-injurylawyer.com/6-safety-tips-for-working-in-cold-weather/): As the weather starts to cool down, workers must anticipate colder outdoor temperatures, hazardous icy conditions, and other unsafe winter-related dangers for both their safety and the safety of those around them. Below are some common winter weather injuries as well as tips to keep yourself and others safe during cold winter conditions. - [Can I Still Sue If I Wasn’t Wearing a Helmet?](https://pa-injurylawyer.com/can-i-still-sue-if-i-wasnt-wearing-a-helmet/): A bicycle accident can cause severe injuries from which it can be difficult to recover. Not wearing a helmet can increase those injuries. However, it is not a legal requirement to wear a bicycle helmet in Pennsylvania. As such, whether or not you were wearing a helmet should have little impact on your bicycle accident case. - [What is Pennsylvania’s Cell Phone Law?](https://pa-injurylawyer.com/what-is-pennsylvanias-cell-phone-law/): Pennsylvania adopted a texting while driving ban in 2012, but the law does not stop all cell phone use while driving. If someone was on their cell phone and caused an accident, they may be liable even if they weren’t breaking the law. - [Halloween Pedestrian Accidents in PA](https://pa-injurylawyer.com/halloween-pedestrian-accidents-in-pa/): As summer winds down and the leaves begin to fall, Americans of all ages excitedly prepare for one of the most celebrated holidays - Halloween. Every year, millions of children dressed up as their favorite characters line neighborhood streets, going door to door in the excited pursuit of treats. While Halloween is a happy time for most, it also poses a serious threat of injury to children, trick-or-treaters, and pedestrians. - [Car Accidents in Pennsylvania School Zones](https://pa-injurylawyer.com/car-accidents-in-pennsylvania-school-zones/): Each year numerous car accidents occur within school zones. Drivers frustrated by slower speed limits or distracted by cell phones end up in devastating collisions that can involve other drivers, pedestrians, and bicyclists. If you are injured in a school zone accident, you should consult with an attorney. - [Who Is Liable in a Rear-End Accident?](https://pa-injurylawyer.com/who-is-liable-in-a-rear-end-accident/): As one drives through the bustling streets of Harrisburg, PA, a sudden jolt from behind is an unsettling experience many have encountered – the rear-end collision. Not only can these accidents result in vehicle damage, but they can also cause a range of injuries, from whiplash to more severe traumas. A question that frequently arises after such mishaps is: Who is truly at fault? - [More Accidents on Rural PA Roads than in Urban Areas](https://pa-injurylawyer.com/more-accidents-on-rural-pa-roads-than-in-urban-areas/): Pennsylvania's bucolic landscapes, stretching far and wide, hold more than just natural beauty. Recent statistics point to an alarming trend: rural roads in Pennsylvania are witnessing more traffic accidents compared to their urban counterparts. But why is this the case? Let's delve deeper into understanding the factors behind this concerning trend. - [Recent Fatal Accidents in Harrisburg, PA: A Summer Review](https://pa-injurylawyer.com/recent-fatal-accidents-in-harrisburg-pa-a-summer-review/): As summer enveloped Harrisburg, PA, with its warmth and vibrancy, a somber trend became increasingly evident on the city's roads. With the increase in vehicular traffic during the warmer months, a series of unfortunate fatal accidents occurred, serving as a grim reminder of the importance of road safety. - [What Is the Damage Cap for Injury Lawsuits in Pennsylvania?](https://pa-injurylawyer.com/what-is-the-damage-cap-for-injury-lawsuits-in-pennsylvania/): In Pennsylvania, personal injury law is filled with nuances and complexities. Among them are the damage caps, the limits placed on the compensation that a plaintiff can receive in certain types of lawsuits. Particularly for car accidents and workers' compensation cases, understanding these caps can be crucial to managing your expectations and building your case. As a trusted legal partner in Central Pennsylvania, Freeburn Law is here to guide you through these intricacies. - [Charter Bus Crash in Dauphin County Leaves Dozens Injured](https://pa-injurylawyer.com/charter-bus-crash-in-dauphin-county-leaves-dozens-injured/): Earlier this week, dozens of passengers aboard a 45-50-passenger charter bus were injured in an accident involving another passenger vehicle. At least three people have been killed, with other injured persons still being treated at Penn State Hershey Medical Center.  - [Is Pennsylvania a "No Fault" State?](https://pa-injurylawyer.com/is-pennsylvania-a-no-fault-state/): States either follow fault or no-fault insurance laws. While Pennsylvania is one of the dozen states that is considered a “no-fault” state, it allows motorists to opt out of their system. A driver in PA may therefore choose “limited tort” or “full tort” coverage when selecting their insurance policy. If a driver has full tort coverage, they have chosen to opt out of the no-fault system and retain the right to file a lawsuit against an at-fault driver. - [Pennsylvania's Most Dangerous Roads](https://pa-injurylawyer.com/pennsylvanias-most-dangerous-roads/): Learn more about PA's deadliest roads and most dangerous highways. Freeburn Law provides dedicated legal help for victims of auto accidents. - [Motorcycle Insurance Guide](https://pa-injurylawyer.com/motorcycle-insurance-guide/): To download a copy of our FREE guide “Before You Ride: Understanding Motorcycle Insurance & What To Do After An Accident” fill out the form below. - [Car Insurance Photo Estimates: What Insurance Companies Don’t Want You To Know](https://pa-injurylawyer.com/car-insurance-photo-estimates-what-insurance-companies-dont-want-you-to-know/): If you are involved in a car accident, it is very important from both a financial and safety standpoint that your car is completely repaired and restored to its pre-accident condition. - [Motorist Coverage - Have It, Max It, and, Stack It!](https://pa-injurylawyer.com/motorist-coverage-have-it-max-it-and-stack-it/): Having a motorcycle comes with a certain level of responsibility, much like owning any vehicle.  - [Fender Bender? Remember This!](https://pa-injurylawyer.com/fender-bender-remember-this/): If you're like most drivers, then being involved in a fender bender may be one of the last things you want to experience. Not only can they be frustrating and inconvenient, but they can also lead to serious financial and legal headaches if not handled properly. - [Motorcycle Accident vs Car Accident Injuries](https://pa-injurylawyer.com/motorcycle-accident-vs-car-accident-injuries/): Motorcyclists are significantly more likely to be injured or killed in motor vehicle accidents compared to occupants of passenger vehicles. The statistics are not only shocking, but they are also getting worse. - [What Happens If I'm Injured on Government Property?](https://pa-injurylawyer.com/what-happens-if-im-injured-on-government-property/): When you are injured on someone else’s property, knowing whether you have a right to compensation and who to pursue a claim against can be challenging. It becomes even more complicated if the injury occurred on government property. If you do suffer harm on property owned by a government agency, you need an experienced attorney to help you get the recovery you deserve. - [How to Avoid Caught-In-Between Injuries](https://pa-injurylawyer.com/how-to-avoid-caught-in-between-injuries/): Caught-in-between injuries are one of the most common hazards on the job. Construction workers are at particularly high risk for injuries related to being caught in or between objects. Most of the injuries caused by being caught-in or between objects are preventable, caused by inadequate safety measures or inexperience. - [Pennsylvania's Most Common Workplace Injuries](https://pa-injurylawyer.com/pennsylvanias-most-common-workplace-injuries/): Workplace injuries can be devastating, leaving employees with extraordinary medical bills and unable to provide for their families. While some industries are more prone to accidents than others, injuries can occur in any type of workplace. It is important to remember that you have rights if you are injured on the job and should consult with an attorney about your legal options. - [Do I Need Uninsured or Under-Insured Motorist Coverage?](https://pa-injurylawyer.com/do-i-need-uninsured-or-under-insured-motorist-coverage/): Despite most states, including Pennsylvania, requiring motorists to have auto insurance, millions of Americans fail to carry even basic coverage. An injured party is left with limited options when a driver without insurance causes a collision. Uninsured or underinsured motorist coverage can provide compensation in these situations. - [How to Sue for Psychological Injuries at Work](https://pa-injurylawyer.com/how-to-sue-for-psychological-injuries-at-work/): If you are injured while at work or survive some kind of trauma, you may have physical and mental injuries. While physical injuries are relatively easy to demonstrate, emotional and mental scars may be more difficult to prove. However, Pennsylvania does allow you to recover money for psychological injuries experienced at work. The best way to ensure that you receive full and fair compensation is by retaining an experienced attorney. - [What You Need to Know About Slip & Falls](https://pa-injurylawyer.com/what-you-need-to-know-about-slip-falls/): Falls are one of the leading causes of unintentional injuries and deaths in the United States. Slip and fall accidents can happen anywhere and affect people of all ages. If you are injured in a slip and fall accident on another person’s property, you might be entitled to compensation for your losses.  - [Can I Sue for an Exacerbated Pre-Existing Condition?](https://pa-injurylawyer.com/can-i-sue-for-an-exacerbated-pre-existing-condition/): Millions of Americans suffer from pre-existing conditions. When a workplace accident exacerbates those pre-existing conditions, you might be entitled to compensation. It is important to discuss your case with an experienced attorney so that you understand your rights and responsibilities after an injury on the job. - [Do I Have To Go To The Company Doctor For My Work Injury?](https://pa-injurylawyer.com/do-i-have-to-go-to-the-company-doctor-for-my-work-injury/): In addition, you are required to treat with someone on the list for 90 days after your initial visit.  - [Uninsured & Underinsured Motorist Coverage Explained](https://pa-injurylawyer.com/uninsured-underinsured-motorist-coverage-explained/): When purchasing automobile insurance, you are confronted with many options, including whether to purchase underinsured and uninsured motorist coverage. - [Legal Resources](https://pa-injurylawyer.com/legal-resources/): Pennsylvania Legal Resources - [How Long Do I Have to Sue for a Work Injury?](https://pa-injurylawyer.com/how-long-do-i-have-to-sue-for-a-work-injury/): Were you recently injured while at work? In Pennsylvania and across the United States, you only have a limited amount of time to file a claim for compensation. Under most circumstances, you will be entitled to workers’ compensation benefits, but you will need to act quickly, or you may lose your right to recovery. - [I Was Injured in a Company Vehicle. Who Do I Sue?](https://pa-injurylawyer.com/i-was-injured-in-a-company-vehicle-who-do-i-sue/): Being involved in an accident in a company vehicle can be stressful and overwhelming. Without the help of an experienced attorney, you may not know who to file a claim against and whether you can obtain compensation for your injuries. At Freeburn Law, our experienced legal team can help you understand your legal options after an accident in a work vehicle. We can help you file a workers’ compensation claim or file a lawsuit against a liable third party. In some cases, you may be entitled to do both. If you were injured in a company vehicle, contact our office at (717) 777-7777 for a free case review.  - [DUI Crash in South Philly Kills Two PA State Troopers](https://pa-injurylawyer.com/dui-crash-in-south-philly-kills-two-pa-state-troopers/): Pennsylvania Governor Tom Wolf has ordered that flags be flown at half-staff in honor of two state police troopers killed in the line of duty. Multiple news sources are reporting that the young officers were struck and killed by a suspected drunk driver while responding to a distress call along I-95.  - [Motorcycle Accident Statistics in Pennsylvania](https://pa-injurylawyer.com/motorcycle-accident-statistics-in-pennsylvania/): Motorcyclists are significantly more likely to be hurt or killed in traffic accidents when compared to occupants of other vehicles. Unfortunately, many drivers fail to look out for bikers or follow them too closely, resulting in dangerous or even deadly collisions. - [What Kind of Motorcycle Insurance Do I Need?](https://pa-injurylawyer.com/what-kind-of-motorcycle-insurance-do-i-need/): As with other drivers, motorcyclists are required to carry insurance. Each state sets the minimum level of liability coverage that a person needs in order to legally operate a vehicle on public roads. Operating a motorcycle is one of the great joys in life; being properly insured keeps everyone on the road protected in the event of an accident. - [Look Out! PA Among Most Dangerous States For Winter Driving](https://pa-injurylawyer.com/look-out-pa-among-most-dangerous-states-for-winter-driving/): Icy winter conditions can be dangerous for driving and cause significant damage anywhere you go. However, a recent analysis of National Highway Traffic Safety Administration (NHTSA) data from MoneyGeek revealed that some states pose more of a threat to drivers than others – and their findings may surprise you. - [Federal Motor Carrier Safety Administration is Tightening Up On Truck Safety Regulations. Here’s What You Need To Know.](https://pa-injurylawyer.com/federal-motor-carrier-safety-administration-is-tightening-up-on-truck-safety-regulations-heres-what-you-need-to-know/): Truck accidents are some of the most devastating types of collisions on the road, which warrant safety precautions and preventative measures that fit the bill. The injuries, losses, and damages one could suffer in a tractor-trailer crash can be nothing short of catastrophic – both upon impact and throughout their lifetime. Fortunately, improved truck safety regulations are underway in Pennsylvania to help mitigate these all-too-often preventable tragedies. Here is what PA motorists can expect moving forward. - [The Wake-Up Call of Drowsy Driving Accidents in PA](https://pa-injurylawyer.com/the-wake-up-call-of-drowsy-driving-accidents-in-pa/): We all know the dangers of reckless driving, such as driving under the influence and disobeying traffic signals. However, activities like drowsy driving fall into a more gray area in terms of irresponsible driving habits. When you fall asleep behind the wheel, it may be hard to tell that it’s happening – until it’s too late. ## Pages - [Donation Request](https://pa-injurylawyer.com/donation-request/) - [Terms of Service](https://pa-injurylawyer.com/terms-of-service/) - [Maryland Motor Vehicle Accidents](https://pa-injurylawyer.com/maryland-motor-vehicle-accidents/) - [Español](https://pa-injurylawyer.com/espanol/) - [Case Summaries](https://pa-injurylawyer.com/case-summaries/) - [Careers](https://pa-injurylawyer.com/careers/) - [Privacy Policy](https://pa-injurylawyer.com/privacy-policy/) - [Sitemap](https://pa-injurylawyer.com/sitemap/) - [Thank You](https://pa-injurylawyer.com/thank-you/) - [FAQs](https://pa-injurylawyer.com/faqs/) - [Submit A Review](https://pa-injurylawyer.com/submit-a-review/) - [Practice Areas](https://pa-injurylawyer.com/practice-areas/) - [Our Blog](https://pa-injurylawyer.com/blog/) - [Attorneys](https://pa-injurylawyer.com/attorney/) - [Recent Results](https://pa-injurylawyer.com/recent-results/) - [Client Reviews & Ratings](https://pa-injurylawyer.com/client-reviews-ratings/) - [Contact Us](https://pa-injurylawyer.com/contact-us/) - [About Us](https://pa-injurylawyer.com/about-us/) - [Home](https://pa-injurylawyer.com/) ## Videos - [Freeburn Fights For You | PA Premises Liability Lawyers | Personal Injury Attorneys](https://pa-injurylawyer.com/videos/freeburn-fights-for-you-pa-premises-liability-lawyers-personal-injury-attorneys/) ## Team - [Jacob Funck](https://pa-injurylawyer.com/attorney/jacob-funck/): Jacob Funck was born and raised in Lebanon, Pennsylvania and went to Northern Lebanon High School. After graduating from high school, Jacob attended Robert Morris University, where he earned a Bachelor of Social Sciences in Political Science with a minor in History. There he was a member of the Delta Tau Delta fraternity. - [Richard E. Freeburn](https://pa-injurylawyer.com/attorney/richard-e-freeburn/): Richard E. Freeburn has received an AV rating, the highest possible rating from Martindale-Hubbell, which means that he is deemed to possess pre-eminent legal ability and very high professional ethics. - [Richard A. Sadlock](https://pa-injurylawyer.com/attorney/richard-a-sadlock/): Mr. Sadlock joined Freeburn Law in 2014. He was previously associated with the law firm Angino & Rovner where he represented injury victims for over 28 years. - [Deborah L. Packer](https://pa-injurylawyer.com/attorney/deborah-l-packer/): Deborah L. Packer graduated from the Pennsylvania State University with a Bachelor of Arts in Pre-Law.  Following graduation, she received her Master of Public Administration from Penn State and worked for the Pennsylvania State Police before attending law school.  She received her Juris Doctorate from New York Law School.  Ms. Packer is admitted to practice before the Supreme Court of Pennsylvania and the U.S. District Courts for the Middle and Eastern Districts of Pennsylvania. - [Christina L. Bradley](https://pa-injurylawyer.com/attorney/christina-l-bradley/): Christina Bradley attended the United States Military Academy at West Point prior to graduating from the Pennsylvania State University with a Bachelor of Science Degree in Administration of Justice in 1999. She then attended The Pennsylvania State University Dickinson School of Law, where she graduated with a Juris Doctor in 2002. - [Stephen A. Schneider](https://pa-injurylawyer.com/attorney/stephena-schneider/): Stephen A. Schneider graduated from Lehigh University in 1989 with a bachelor of science in business and economics. Following graduation, Steve worked as a licensed Certified Public Accountant for the Auditor General of Pennsylvania from 1989 through 1993. - [Gregg S. Freeburn](https://pa-injurylawyer.com/attorney/gregg-freeburn/): Born and raised in Harrisburg, PA, Gregg S. Freeburn, Esq. graduated from Dickinson College in 2009. There, he was a four-year member of the Dickinson College Men’s Soccer team and a member of the Phi Kappa Psi fraternity. - [Jonathan R. Schnaars](https://pa-injurylawyer.com/attorney/jonathan-r-schnaars/): Jonathan R. Schnaars was raised in the Harrisburg Pennsylvania area and went to Central Dauphin High School. After graduating from high school, Jon attended East Stroudsburg University. He played on the East Stroudsburg University football team and was recognized as a consensus All-American and a two-time Academic All-American. Jon pursued his dream of playing professional football after graduating from college, but decided to go to law school. - [Ryan McDaniel](https://pa-injurylawyer.com/attorney/ryan-mcdaniel/): Ryan McDaniel was born in Pittsburgh, PA and went to high school in the Harrisburg area. He graduated from The University of Scranton in 2008 and the University of Pittsburgh School of Law in 2011. - [Megan Harmon](https://pa-injurylawyer.com/attorney/megan-e-harmon/): Megan Harmon was born and raised in Lancaster, Pennsylvania and went to Lancaster Catholic High School. After graduating from high school, Megan attended Millersville University, where she earned a Bachelor of the Arts in Sociology with minors in Government and Latino/a Studies. Megan attended law school at Widener University Commonwealth Law School, graduating in 2022, cum laude. She received CALI awards for the highest grades in Criminal Procedure and Federal Courts. ## locations - [Lebanon PA Office](https://pa-injurylawyer.com/freeburn-hamilton-lebanon-pa-office/) - [King of Prussia PA Office](https://pa-injurylawyer.com/king-of-prussia-pa-office/) - [Johnstown PA Office](https://pa-injurylawyer.com/johnstown-pa-office/) - [Areas We Serve](https://pa-injurylawyer.com/areas-we-serve/) - [Harrisburg PA Office](https://pa-injurylawyer.com/freeburn-law-hamilton-harrisburg-pa-office/) - [Kingston PA Office](https://pa-injurylawyer.com/freeburn-hamilton-kingston-pa-office/) - [Selinsgrove PA Office](https://pa-injurylawyer.com/freeburn-hamilton-selinsgrove-pa-office/) - [Lancaster PA Office](https://pa-injurylawyer.com/freeburn-hamilton-lancaster-pa-office/) - [Lewistown PA Office](https://pa-injurylawyer.com/freeburn-hamilton-lewistown-pa-office/) ## Practice Areas - [Amazon Warehouse Injuries](https://pa-injurylawyer.com/practice-areas/workers-compensation-lawyers/amazon-warehouse-injuries/) - [Factory Accident Attorney](https://pa-injurylawyer.com/practice-areas/workers-compensation-lawyers/factory-accident-attorney/) - [Distracted Driving Accidents](https://pa-injurylawyer.com/practice-areas/distracted-driving/): In the state of Pennsylvania drinking and driving is a top safety issue taking thousands of lives each year due to this selfish act. In the United States approximately 10,265 people died in 2015 due to alcohol-impaired crashes; every 51 minutes a life was taken. Those who choose to drive intoxicated are not only putting their life at risk, but all motorist lives at risk. - [Rear-End Accidents](https://pa-injurylawyer.com/practice-areas/rear-end-accidents/): A commercial vehicle is defined as a vehicle used for carrying goods or passengers – bus, train, semi-truck. Commercial vehicle accidents are among some of the worst and most severe accidents that can occur. In 2015 3,852 people died in large truck accidents – 69% of these deaths were occupants of cars and other vehicles. - [King of Prussia Rideshare Accident Lawyer](https://pa-injurylawyer.com/practice-areas/king-of-prussia-rideshare-accident-lawyer/) - [Discrimination and Harassment](https://pa-injurylawyer.com/practice-areas/employment-law/discrimination-and-harassment/) - [FMLA Claims](https://pa-injurylawyer.com/practice-areas/employment-law/fmla-claims/) - [Wrongful Termination](https://pa-injurylawyer.com/practice-areas/employment-law/wrongful-termination/) - [Employment Law](https://pa-injurylawyer.com/practice-areas/employment-law/) - [Harrisburg Catastrophic Injury Attorney](https://pa-injurylawyer.com/practice-areas/harrisburg-catastrophic-injury-attorney/):       - [Pittsburgh Wrongful Death Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-wrongful-death-attorneys/) - [Catastrophic Injury Lawyer](https://pa-injurylawyer.com/practice-areas/pittsburgh-personal-injury-lawyer/catastrophic-injury-lawyer/) - [Pittsburgh Truck Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-truck-accident-attorneys/) - [FedEx Truck Accidents](https://pa-injurylawyer.com/practice-areas/commercial-vehicle-accidents/fedex-truck-accidents/) - [Electrocution Injuries](https://pa-injurylawyer.com/practice-areas/electrocution-injuries/) - [Burn Injuries](https://pa-injurylawyer.com/practice-areas/burn-injuries/) - [Pittsburgh Rideshare Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-personal-injury-lawyer/pittsburgh-rideshare-accident-attorneys/) - [Pittsburgh Scooter Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-pedestrian-accident-attorneys/pittsburgh-scooter-accident-attorneys/) - [Pittsburgh E-Bike Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-pedestrian-accident-attorneys/pittsburgh-e-bike-accident-attorneys/) - [Pittsburgh Bike Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-pedestrian-accident-attorneys/pittsburgh-bike-accident-attorneys/) - [Pittsburgh Pedestrian Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pittsburgh-pedestrian-accident-attorneys/) - [King of Prussia Dog Bite Attorneys](https://pa-injurylawyer.com/practice-areas/king-of-prussia-dog-bite-attorneys/) - [Johnstown Dog Bite Attorneys](https://pa-injurylawyer.com/practice-areas/johnstown-dog-bite-attorneys/) - [Pittsburgh Dog Bite](https://pa-injurylawyer.com/practice-areas/pittsburgh-dog-bite/) - [Amazon Truck & Delivery Van Accidents](https://pa-injurylawyer.com/practice-areas/commercial-vehicle-accidents/amazon-truck-delivery-van-accidents/) - [UPS Truck Accidents](https://pa-injurylawyer.com/practice-areas/commercial-vehicle-accidents/ups-truck-accidents/) - [Pittsburgh Car Accident Lawyer](https://pa-injurylawyer.com/practice-areas/pittsburgh-car-accident-lawyer/) - [Johnstown Truck Accidents](https://pa-injurylawyer.com/practice-areas/johnstown-truck-accidents/) - [King of Prussia Truck Accidents](https://pa-injurylawyer.com/practice-areas/king-of-prussia-truck-accidents/) - [Pittsburgh Personal Injury Lawyer](https://pa-injurylawyer.com/practice-areas/pittsburgh-personal-injury-lawyer/) - [Pittsburgh Workers’ Compensation Attorney](https://pa-injurylawyer.com/practice-areas/pittsburgh-workers-compensation-attorney/) - [Pittsburgh Motorcycle Accident Attorney](https://pa-injurylawyer.com/practice-areas/pittsburgh-motorcycle-accident-attorney/) - [Motorcycle Accident Lawyer in Reading](https://pa-injurylawyer.com/practice-areas/motorcycle-accident-lawyer-in-reading/) - [Johnstown Workers' Compensation Lawyer](https://pa-injurylawyer.com/practice-areas/johnstown-workers-compensation-lawyer/) - [King of Prussia Workers' Compensation](https://pa-injurylawyer.com/practice-areas/king-of-prussia-workers-comp/) - [Johnstown Wrongful Death Lawyer](https://pa-injurylawyer.com/practice-areas/johnstown-wrongful-death-lawyer/) - [King of Prussia Wrongful Death](https://pa-injurylawyer.com/practice-areas/king-of-prussia-wrongful-death/) - [King of Prussia Motorcycle Accident Lawyer](https://pa-injurylawyer.com/practice-areas/king-of-prussia-motorcycle-accident-lawyer/) - [Johnstown Motorcycle Lawyer](https://pa-injurylawyer.com/practice-areas/johnstown-motorcycle-accident-lawyer/) - [Johnstown Car Accident Lawyer](https://pa-injurylawyer.com/practice-areas/johnstown-car-accident-lawyer/) - [King of Prussia Car Accident Lawyer](https://pa-injurylawyer.com/practice-areas/king-of-prussia-car-accident/) - [Motor Vehicle Accidents](https://pa-injurylawyer.com/practice-areas/motor-vehicle-accidents/): Motor vehicle accidents can drastically alter the course of your life in a matter of seconds. Whether it's a minor collision or a severe accident, the aftermath often brings emotional, physical, and financial burdens. Thousands of Pennsylvanians find themselves navigating insurance companies, medical bills, lost wages, and vehicle repairs each year. At Freeburn Law, we are dedicated to simplifying this complex process for accident victims and helping them secure the compensation they deserve. - [Car Accidents](https://pa-injurylawyer.com/practice-areas/car-accidents/): After a car crash, the emotional and physical toll it takes can be overwhelming. Dealing with the insurance company, accident reports, medical bills, the recovery process, property damage costs, and more becomes very stressful. You should never have to worry about how you’ll manage financially or deal with the legal burden that a car accident brings. - [Tractor Trailer Accidents](https://pa-injurylawyer.com/practice-areas/tractor-trailer-accidents/): Injured in a tractor-trailer crash? Freeburn Law fights for max compensation across PA. Call (717) 777-7777 for a free consultation today. - [Scars Disfigurement](https://pa-injurylawyer.com/practice-areas/scars-disfigurement/): PA Scar and Disfigurement Lawyer, Freeburn Law The Workers’ Compensation Attorneys with Freeburn Law are certified by the Pennsylvania Bar Association as specialists in workers’ compensation law. Our attorneys are committed to providing excellent legal service in pursuit of the maximum compensation permitted by law. - [Manual Labor Injuries](https://pa-injurylawyer.com/practice-areas/manual-labor-injuries/): PA Manual Labor Injuries Lawyer, Freeburn Law People who earn their living performing manual labor have especially physically demanding lifestyles. Each day they are bending, moving, and lifting heavy objects. All of this physical exertion can take its toll on the body, and can be the cause of serious injury, illness, and even death. - [Personal Injury Claims](https://pa-injurylawyer.com/practice-areas/personal-injury-claims/): Why should you hire Freeburn Law to handle your accident claim? Simply put, we will fight to get you the most money for your claim that we can. When accidents occur, it is important to hire a lawyer who is capable of standing up and fighting for you. At the law office of Freeburn Law, we represent people who have been injured because of another’s actions. - [Lancaster Motorcycle Accident Attorneys](https://pa-injurylawyer.com/practice-areas/lancaster-motorcycle-accident-attorneys/) - [York Motorcycle Accident Attorneys](https://pa-injurylawyer.com/practice-areas/york-motorcycle-accident-attorneys/) - [Workers Compensation Lawyers](https://pa-injurylawyer.com/practice-areas/workers-compensation-lawyers/) - [Rideshare Accident Attorneys](https://pa-injurylawyer.com/practice-areas/pennsylvania-rideshare-accident-attorneys/) - [Tinnitus And Hearing Loss](https://pa-injurylawyer.com/practice-areas/workers-compensation-lawyers/tinnitus-and-hearing-loss/): Ringing in Your Ears and on the Job? Pennsylvania Workers’ Comp Attorneys At Freeburn Law, we understand the constant, and often frustrating, presence of tinnitus. This ringing, buzzing, or whistling sound in the ears can significantly disrupt your daily life, and even impact your ability to work. - [Harbor Freight Jack Stand Recall](https://pa-injurylawyer.com/practice-areas/harbor-freight-jack-stand-recall/): Over 1.7 million Harbor Freight Pittsburgh 3-Ton and 6-Ton Jack Stands have been recalled due to a manufacturing defect. The defect can cause the jacks to collapse while in use and potentially result in severe injury or even death. - [E-Cigarette And Vaping Injuries](https://pa-injurylawyer.com/practice-areas/e-cigarette-and-vaping-injuries/): Despite originally being touted as a healthier alternative for smokers, electronic cigarettes have increasingly shown that they may not be healthier after all. To make matters worse, the marketing campaigns used for e-cigarettes which include young models, bright colors, and fruity flavors have generated a widespread appeal among young consumers. This appeal has led to many young people becoming addicted to these e-cigarettes without knowing the long-term effects they may have on their health. - [Zantac](https://pa-injurylawyer.com/practice-areas/zantac/): Ranitidine, commonly known by its brand name Zantac®, is one of the most frequently used medications of all time. Zantac®, which belongs to the H2 blocker class, can be obtained by prescription or over the counter and is used to treat heartburn. - [Boy Scouts of America Sexual Abuse Lawsuits](https://pa-injurylawyer.com/practice-areas/boy-scouts-of-america-sexual-abuse-lawsuits/): The Boy Scouts of America has long been considered one of the most respected safe havens and guiding lights for young men. Offering programs that boost life skills and improve confidence in boys, the time spent with scout leaders is intended to increase independence, decision-making ability, and self-esteem. - [Car Insurance Claim Lawyer](https://pa-injurylawyer.com/practice-areas/personal-auto-insurance/): Car & Truck Accidents can be very complex. Accidents can involve multiple vehicles, complex insurance and legal issues. You can trust the attorneys with Freeburn Law to have the experience and skill that you need to protect your rights. - [Products Liability](https://pa-injurylawyer.com/practice-areas/products-liability/): New products are being launched every day in order to improve the lives of millions.  But while many products may be innovative or helpful, sometimes there are those that cause serious injury, disability, or even death. These defective or dangerous products cause injuries to countless numbers of consumers annually. - [Hernia Mesh Implants](https://pa-injurylawyer.com/practice-areas/hernia-mesh-implants/): Hernia repairs are extremely common throughout the United States. Over 1 million hernia repairs are performed yearly. A majority of hernias are caused by pressure on an opening or weakness of muscle/connective tissue. - [Medical Malpractice](https://pa-injurylawyer.com/practice-areas/medical-malpractice/): We trust our doctors, nurses, and medical personnel to be experts in their field. After all, they are trained to uphold a high standard of care, to “do no harm.” Unfortunately, thousands of mistakes are made every year in hospitals, urgent care centers, and doctors’ offices, that can cause you to suffer, sometimes causing serious injuries, disability, or even death. - [Defective Surgical Staplers](https://pa-injurylawyer.com/practice-areas/defective-surgical-staplers/): Innovative medical technology has revolutionized surgery. Patients often benefit from less-invasive procedures and improved outcomes. Unfortunately, nothing is perfect. Products intended to reduce the risk of harm can often cause terrible side-effects and dangerous injuries. - [Defective 3M Combat Arms Military Earplugs](https://pa-injurylawyer.com/practice-areas/defective-3m-combat-arms-military-earplugs/): The 3M Company supplied Version 2 of the Combat Arms™ Earplugs (CAEv.2) to service members in Afghanistan and Iraq between 2003 and 2015 as standard-issue hearing protection. The U.S. Department of Justice (DOJ) recently indicated the company has settled a hearing-loss lawsuit over these defective products valued at more than $9 million. According to the allegations in the lawsuit, manufacturer Aearo Technologies, Inc. and 3M, which acquired the company, failed to inform users on how to apply and use the Combat Arms Earplugs properly. - [PA Social Security Disability Attorneys](https://pa-injurylawyer.com/practice-areas/pa-social-security-disability-attorneys/): What is Social Security Disability Insurance? The Social Security Administration makes Social Security Disability Insurance (SSDI) benefits available to citizens who are currently disabled and unable to work due to an impairment caused by illness or injury. To qualify for SSDI, an applicant’s condition must be expected to last for more than one year or to result in their death - [Defective Medical Devices](https://pa-injurylawyer.com/practice-areas/defective-medical-devices/): Millions of people depend on medical devices to assist them in their recovery from injuries or to provide them relief from an illness or disease. The problem is, medical technology progresses at a rapid rate, and safeguarding practices and testing cannot always keep pace with these advancements. The responsibility to review these advances to ensure that new medications and medical devices are safe falls on the Food & Drug Administration. Sometimes, this quality control does not happen, leaving people who desperately need these devices to suffer from the life-threatening and painful consequences of these unsafe medical devices. - [Clergy Abuse Lawyers](https://pa-injurylawyer.com/practice-areas/clergy-abuse-lawyers/) - [Train Accidents](https://pa-injurylawyer.com/practice-areas/train-accidents/) - [Commercial Vehicle Accidents](https://pa-injurylawyer.com/practice-areas/commercial-vehicle-accidents/): A commercial vehicle is defined as a vehicle used for carrying goods or passengers – bus, train, semi-truck. Commercial vehicle accidents are among some of the worst and most severe accidents that can occur. In 2015 3,852 people died in large truck accidents – 69% of these deaths were occupants of cars and other vehicles. - [Dog Bites](https://pa-injurylawyer.com/practice-areas/dog-bites/): Americans own approximately 78.2 million dogs, with at least one dog in 39 percent of U.S. households. Of the households with dogs, 37 percent have more than one. Despite the popularity of dogs and their status as “man’s best friend,” humans are hurt by these animals on a regular basis. If you or a loved one has been injured by a dog, contact Freeburn Law. - [Amputation](https://pa-injurylawyer.com/practice-areas/amputation/) - [Drunk Driving Accidents](https://pa-injurylawyer.com/practice-areas/drunk-driving-accidents/): In the state of Pennsylvania drinking and driving is a top safety issue taking thousands of lives each year due to this selfish act. In the United States approximately 10,265 people died in 2015 due to alcohol-impaired crashes; every 51 minutes a life was taken. Those who choose to drive intoxicated are not only putting their life at risk, but all motorist lives at risk. - [Paralysis](https://pa-injurylawyer.com/practice-areas/paralysis/) - [Hunting Accidents](https://pa-injurylawyer.com/practice-areas/hunting-accidents/): The Game Commission defines a hunting-related shooting incident as any occurrence in which a person is injured due to a discharge from a firearm or bow during actual hunting or fur-taking activities. Proving a hunting accident case can be complex and difficult. Homeowners’ insurance companies start working to protect their interests the minute the accident is reported. These companies will spare no expense to minimize or defeat your claim. You need an experienced Pennsylvania hunting accident attorney to work for you. - [Bicycle Accidents](https://pa-injurylawyer.com/practice-areas/bicycle-accidents/): Bicycling is fun, healthy, and good for the environment, but bicycling is also dangerous. If you are a cyclist you are always at risk of being in an accident, no matter how safe you are when you ride.To learn how you can keep yourself and your friends and family safe while bicycling visit bicycling info.org. - [Quadriplegia](https://pa-injurylawyer.com/practice-areas/quadriplegia/): Quadriplegia is defined as paralysis to all four limbs and a majority of the time is a result from a spinal cord injury affecting the neck area – 47% of spinal cord injuries are considered quadriplegic. - [Texting & Driving Accidents](https://pa-injurylawyer.com/practice-areas/texting-driving-accidents/): If you’ve been injured in a car accident caused by a distracted driver, contact Freeburn Law at (717) 777-7777. Our experienced attorneys will guide you through every step of the legal process. - [Slip Fall Accidents](https://pa-injurylawyer.com/practice-areas/slip-fall-accidents/): Have you been seriously injured because of a slip and fall on a commercial or residential property? Were you hurt because of a negligent property owner? If so, you may have a premises liability claim against the person(s) responsible for maintaining the property. The PA Slip and Fall Accident Lawyers at Freeburn Law represent people who have been seriously injured or killed in accidents that occurred on someone else’s property. - [Shoulder Injuries](https://pa-injurylawyer.com/practice-areas/shoulder-injuries/) - [Neck Injuries](https://pa-injurylawyer.com/practice-areas/neck-injuries/) - [Leg Injuries](https://pa-injurylawyer.com/practice-areas/leg-injuries/) - [Knee Injuries](https://pa-injurylawyer.com/practice-areas/knee-injuries/): The knee is the largest joint in the human body, and one of the most easily injured. Knee injuries are among the most painful and disabling that people can suffer, and the impact of these injuries can last a lifetime. - [Hip Injuries](https://pa-injurylawyer.com/practice-areas/hip-injuries/): The hip is a ball-and-socket joint, meaning that the rounded ball of the hip bone rests in the socket of the pelvis. The hip is the largest ball-and-socket joint in the body. In human anatomy, the hip flexors are a group of skeletal muscles that act to flex the femur onto the lumbopelvic complex and pull the knee upward. - [Footankle Injuries](https://pa-injurylawyer.com/practice-areas/footankle-injuries/): Foot and ankle injuries are among the most common of all workplace injuries in the United States. In part, this is due to the sheer number of bones, joints, and muscles in the foot and ankle. A lot can go wrong with the foot and ankle, because of the complex nature of these body parts. The human foot and ankle contain 26 bones, 33 joints, and more than 100 muscles, tendons and ligaments. - [Arm Injuries](https://pa-injurylawyer.com/practice-areas/arm-injuries/): Treatment for an arm injury may include first aid measures, such as using a brace, splint, or cast. Treatment may also include “setting” a broken bone or returning a dislocated joint to its normal position. After initial treatment, an arm injury may require physical therapy, medicines, and in some cases surgery. - [Traumatic Brain Injuries](https://pa-injurylawyer.com/practice-areas/traumatic-brain-injuries/) - [Injuries From Defective Products](https://pa-injurylawyer.com/practice-areas/injuries-from-defective-products/): In exchange for being able to sell a product to a consumer, a business ensures that the product is designed and manufactured correctly. When you have been injured by a product that is defective in its design or manufacture, you may have a valid product liability claim. Freeburn Law have many years representing Pennsylvania residents against defective products. Call the experienced PA Defective Product Injury Lawyer team at Freeburn Law to protect your rights. - [Catastrophic Injury Claims](https://pa-injurylawyer.com/practice-areas/catastrophic-injury-claims/) - [Bus Accidents](https://pa-injurylawyer.com/practice-areas/bus-accidents/): Injured in a Pennsylvania bus accident? Freeburn Law fights for max compensation. Call (717) 777-7777 for a free case review—get the justice you deserve. - [Pedestrian Accidents](https://pa-injurylawyer.com/practice-areas/pedestrian-accidents/): Hit while walking in PA? Freeburn Law fights for injured pedestrians. Get the compensation you deserve—call (717) 777-7777 for a free case review. - [Spinal Cord Injuries](https://pa-injurylawyer.com/practice-areas/spinal-cord-injuries/) - [Union Member Injuries](https://pa-injurylawyer.com/practice-areas/union-member-injuries/): Workers’ compensation is available to both union and non-union members who are seriously injured on the job. If you are an injured union worker, you need to trust your case to the experienced PA Union Member Injury Lawyer team at Freeburn Law. - [Wrongful Death](https://pa-injurylawyer.com/practice-areas/wrongful-death/): A wrongful death is defined as a death resulting from a wrongful act of another person including negligence, assault/battery, and vehicular manslaughter. Wrongful death is the basis of a lawsuit against the responsible party or parties. - [Repetitive Strain Injuries](https://pa-injurylawyer.com/practice-areas/repetitive-strain-injuries/) - [Police Officer Injuries](https://pa-injurylawyer.com/practice-areas/police-officer-injuries/) - [Office Injuries](https://pa-injurylawyer.com/practice-areas/office-injuries/): If you work in an office, you are just as likely to be injured at work as someone who works in a more dangerous setting, such as in construction, law enforcement, or in a factory around heavy equipment. - [Work Vehicle Accidents](https://pa-injurylawyer.com/practice-areas/work-vehicle-accidents/): Car accidents occur every day including car accidents involving work vehicles. If an individual is driving a vehicle in order to perform work duties and is involved in an accident the employer can be held liable. In this case, it’s vital that you contact the work vehicle accident injury lawyers in Pennsylvania at Freeburn Law. - [Nursing Health Care Worker Injuries](https://pa-injurylawyer.com/practice-areas/nursing-health-care-worker-injuries/) - [Dram Shop Litigation](https://pa-injurylawyer.com/practice-areas/dram-shop-litigation/): Dram shop is a legal term that refers to a bar, tavern or establishment that sells alcoholic beverages. Dram shop litigation refers to laws governing the liability of these establishments. In a drunk driving accident, the person operating the vehicle is held responsible for the crime committed, but those who serve the driver can also be held responsible. - [Motorcycle Accidents](https://pa-injurylawyer.com/practice-areas/motorcycle-accidents/) - [ATV Accident Attorney](https://pa-injurylawyer.com/practice-areas/atv-accident-attorneys/): No matter how careful you are, a day of fun riding an all-terrain vehicle (ATV) can lead to a lifetime of suffering. Injuries caused by driver error, speed, and other factors can lead to severe injuries, long-term pain and suffering, rehabilitation, and expensive medical bills. - [Construction Worker Injuries](https://pa-injurylawyer.com/practice-areas/construction-worker-injuries/) ## Case Summaries - [A Workers’ Compensation Carrier Cannot File An Action Against The Tortfeasor “On Behalf Of” An Injured Worker](https://pa-injurylawyer.com/case_summaries/a-workers-compensation-carrier-cannot-file-an-action-against-the-tortfeasor-on-behalf-of-an-injured-worker/): In Hartford Insurance Group On Behalf of Chunli Chen v. Kafumbra Kamara, et al, Pa. (November 21, 2018), the Pennsylvania Supreme Court reaffirmed the proposition that the right of action against the tortfeasor remains with the injured employee.  In addition, it clarified its prior holding in Liberty Mutual Insurance Co. v. Domtar Paper Co., 119 A.3d 1230 (Pa. 2015), by holding that a workers’ compensation carrier does not have the right to bring a third-party action against an alleged tortfeasor on behalf of an injured employee to recoup the amount it paid in workers’ compensation benefits where the employee did not independently sue the tortfeasor, did not join in the insurer’s action, and did not assign their cause of action to the workers’ compensation carrier. - [Evidence Of Authorship Needed To Authenticate Social Media Evidence Under PA R.E. 901](https://pa-injurylawyer.com/case_summaries/evidence-of-authorship-needed-to-authenticate-social-media-evidence-under-pa-r-e-901/): In a case of first impression, the Pennsylvania Superior Court ruled in Commonwealth v. Mangel, 2018 PA Super 57, 181 A.3d 1154 (Pa. Super. Ct. 2018) that the proponent of social media evidence must present direct or circumstantial evidence that tends to corroborate the identity of the author of the post or message in question, not merely that the account belongs to a particular person. - [No Duty Owed By Insurer Under Homeowners’ Policy For Assault](https://pa-injurylawyer.com/case_summaries/no-duty-owed-by-insurer-under-homeowners-policy-for-assault/): In a memorandum opinion from the U.S. District Court for the Eastern District of Pennsylvania, Judge Bartle held that an insurance company has no duty to defend or indemnify an individual convicted of assault in the victim’s subsequent lawsuit for personal injuries.  In Homesite Ins. Co. v. Neary, et al., 2018 WL 4405886 (E.D. Pa. Sept. 17, 2018), the insurer, Homesite, sought a declaratory judgment that it had no duty to defend or indemnify Michael Neary, Jr. under his parents’ policy for the traumatic brain injury sustained by Neary’s roommate when Neary physically attacked him.  The District Court granted Homesite’s motion for judgment on the pleadings after determining the attack by Neary was not an “occurrence” or accident under the policy, and therefore, was excluded from coverage. - [The Pennsylvania Supreme Court Strikes Down The Household Vehicle Exclusion](https://pa-injurylawyer.com/case_summaries/the-pennsylvania-supreme-court-strikes-down-the-household-vehicle-exclusion/): In Gallagher v. GEICO, (January 23, 2019), the Pennsylvania Supreme Court struck down the “household vehicle exclusion” contained in GEICO’s motor vehicle insurance policies. - [The PA Supreme Court Makes It Easier For Fire Fighters To Get Workers’ Comp Benefits For Cancer](https://pa-injurylawyer.com/case_summaries/the-pa-supreme-court-makes-it-easier-for-fire-fighters-to-get-workers-comp-benefits-for-cancer/): In City of Philadelphia Fire Dep’t v. Workers’ Comp. Appeal Bd. (Sladek), 13 EAP 2017, 2018 WL 5046516 (Pa. Oct. 17, 2018), the Pennsylvania Supreme Court made it easier for firefighters to get workers’ compensation benefits for cancer caused by work. In this case, the Court held that a firefighter need only show that it is possible that one of the carcinogens he or she was exposed to caused their cancer.  They need not prove that the carcinogen actually caused their cancer. - [Whether Harm Caused By An Insured Was An “Accident” For Purposes Of Coverage Under A Homeowner’s Insurance Policy Must Be Viewed From The Insured’s Perspective](https://pa-injurylawyer.com/case_summaries/whether-harm-caused-by-an-insured-was-an-accident-for-purposes-of-coverage-under-a-homeowners-insurance-policy-must-be-viewed-from-the-insureds-perspective/): In State Farm v. Motta, E.D. PA, (December 11, 2018), the United States District Court for the Eastern District of Pennsylvania held that the issue of whether harm caused by the insured was an “accident” for purposes of coverage under a homeowner’s insurance policy must be viewed from the insured’s perspective. - [Dep’t Of Labor & Indus. V. Workers’ Comp. Appeal Bd. (Lin & E. Taste), 27 EAP 2017, 2018 WL 3118537 (Pa. June 26, 2018)](https://pa-injurylawyer.com/case_summaries/dept-of-labor-indus-v-workers-comp-appeal-bd-lin-e-taste-27-eap-2017-2018-wl-3118537-pa-june-26-2018/): In Dep’t of Labor & Indus. v. Workers’ Comp. Appeal Bd. (Lin & E. Taste), the Supreme Court of Pennsylvania held that the Construction Workplace Misclassification Act (“CWMA”) only applies to construction businesses for purposes of determining whether a worker is an employee or an independent contractor.  The CWMA prohibits the “improper classification of employees” as independent contractors so as to avoid liability for workers’ compensation benefits, and provides that “an individual who performs services in the construction industry for remuneration” may be classified as an independent contractor only if certain conditions are met.  Accordingly, the Claimant, who was injured performing renovations for a restaurant, did not fall within the CWMA and, therefore, could be classified as an independent contractor. - [Pennsylvania State Police V. Workers’ Comp. Appeal Bd. (Bushta)](https://pa-injurylawyer.com/case_summaries/pennsylvania-state-police-v-workers-comp-appeal-bd-bushta/): In Pennsylvania State Police v. Workers’ Comp. Appeal Bd. (Bushta), 14 WAP 2017, 2018 WL 2408166, at *1 (Pa. May 29, 2018), the Supreme Court of Pennsylvania unanimously affirmed the Commonwealth Court’s decision that the Pennsylvania State Police (“PSP”) is not entitled to subrogation of a state trooper’s third-party settlement for benefits paid under the Heart and Lung Act.  In this discretionary appeal, the Supreme Court considered whether a self-insured public employer was entitled to subrogation for benefits payable under the Workers Compensation Act (“WCA”), when there is a concurrent obligation to provide benefits under the WCA and Health and Lung Act (“HLA”).  The Court held that benefits paid to the state trooper were entirely Heart and Lung benefits, not workers’ compensation benefits, and, as such, subrogation is prohibited under the Motor Vehicle Financial Responsibility Law. - [A Split 3 Judge Panel Of The Superior Court Reverses Twenty-One Million Dollar Bad Faith Verdict Against Nationwide](https://pa-injurylawyer.com/case_summaries/a-split-3-judge-panel-of-the-superior-court-reverses-twenty-one-million-dollar-bad-faith-verdict-against-nationwide/): In Berg v. Nationwide, 2018 WL 1702785 (April 9, 2018), a split three judge panel of the Pennsylvania Superior Court reversed a Twenty-One Million Dollar bad faith award against Nationwide and remanded the case to the trial court for judgment in favor of Nationwide.  This case arose from a 1996 crash of Daniel and Sheryl Berg’s 3-month old Jeep Grand Cherokee.  Nationwide suggested that the Bergs have their vehicle repaired at one of its direct repair program shops.  The trial court found that the repair facility determined that the vehicle was a total loss, but Nationwide disagreed, saying that it “will never recover the difference in salvage value” if it totaled the vehicle.  Therefore, the vehicle was sent to another repair facility without the Bergs’ knowledge.  The repair was then completed, and according to the trial court, Nationwide determined that it was unsafe following its inspection but returned it to the Bergs anyway.  The Bergs only found out when a technician called and told them what had happened.  A verdict was entered against Nationwide following a bench trial conducted in the Court of Common Pleas of Berks County in June 2014,. - [An Auto Insurance Carrier Must Provide Stacked Underinsured Motorist (“UIM”) Coverage Because It Failed To Obtain A Signed UIM Stacking Waiver After A New Car Was Added To The Policy By Way Of An Amended Declarations Page](https://pa-injurylawyer.com/case_summaries/an-auto-insurance-carrier-must-provide-stacked-underinsured-motorist-uim-coverage-because-it-failed-to-obtain-a-signed-uim-stacking-waiver-after-a-new-car-was-added-to-the-policy-by-way-of-an-am/): In Newhook v. Erie, No. 1917 EDA 2017 (April 25, 2018), a three judge panel of the Pennsylvania Superior Court held in an unreported case that Erie was required to provide stacked underinsured motorist benefits because it added a new car to its policy by way of an endorsement, (an amended declarations page), and failed to obtain a signed waiver of stacking form from its insured.  In this case, Newhook purchased an automobile insurance policy from Erie in August 2007, covering three cars, for which he signed a valid waiver of stacking form.  Thereafter, Newhook added and removed several vehicles from the policy for which he signed valid waiver of stacking forms.  However, the last two vehicles that he added to the policy were added by way of an amended declarations page, but no waiver of staking form was obtained. - [A Prospective Juror Who Shows Bias Must Be Disqualified, And No Deference Is Given To A Judge Who Is Absent From Voire Dire](https://pa-injurylawyer.com/case_summaries/a-prospective-juror-who-shows-bias-must-be-disqualified-and-no-deference-is-given-to-a-judge-who-is-absent-from-voire-dire/): In Triggs v. Childrens’s Hospital, 2018 WL 2192218, (Pa. Super., May 14, 2018), the Pennsylvania Superior Court found that a prospective juror’s answers to voir dire questions in this medical malpractice case demonstrated bias in favor of the medical profession, and the court gave no deference to the trial judge because the judge was absent from voir dire.  The Superior Court reversed, and remanded the case for a new trial. - [Self-Insured Employer Is Not Entitled To Subrogation Of A Workers’ Compensation Lien For Periods An Employee Is Eligible For Benefits Concurrently](https://pa-injurylawyer.com/case_summaries/self-insured-employer-is-not-entitled-to-subrogation-of-a-workers-compensation-lien-for-periods-an-employee-is-eligible-for-benefits-concurrently/): In Commonwealth v. Workers’ Comp. Appeal Bd. (Piree), 995 C.D. 2017, 2018 WL 1611532 (Pa.Cmwlth. Apr. 4, 2018), the Commonwealth Court of Pennsylvania reaffirmed that a self-insured employer is not entitled to subrogation of a workers’ compensation lien for periods an employee is eligible for benefits concurrently under the Heart and Lung Act and Workers’ Compensation Act.  Claimant, an agent for the Pennsylvania’s Office of Attorney General, sustained injuries in a work-related motor vehicle accident.  Claimant was eligible for and did receive medical benefits and payment of his full salary from the Office of Attorney General’s payroll fund pursuant to the Heart and Lung Act, 53 P.S. § 637(a).  At the same time, Employer’s third party workers compensation administrator, Inservco, reimbursed the Employer for amounts due under the workers’ compensation claim. - [Motion For Summary Judgement Granted To Uber After Determining Plaintiffs Did Not Meet Their Burden Of Proving They Were Employees Of Uber](https://pa-injurylawyer.com/case_summaries/motion-for-summary-judgement-granted-to-uber-after-determining-plaintiffs-did-not-meet-their-burden-of-proving-they-were-employees-of-uber/): In Razak v. Uber Techs., Inc., CV 16-573, 2018 WL 1744467 (E.D. Pa. Apr. 11, 2018), the District Court for the Eastern District of Pennsylvania granted Defendant, Uber Technologies, Inc.’s (“Uber”), motion for summary judgment after determining Plaintiffs did not meet their burden of proving they were employees of Uber under federal and state minimum wage and overtime laws.  The three Plaintiffs, who each owned limousine companies that drove for UberBLACK, filed a putative class action seeking, inter alia, back pay under the Fair Labor Standards Act (“FLSA”), the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law.  Based on the six-factor analysis adopted by the Third Circuit in Donovan v. DialAmerica Marketing, Inc., 757 F.2d 1376 (3d Cir. 1985), the court determined that UberBLACK drivers are independent contractors, not employees. - [A Flight Attendant Injured On A Shuttle Bus Transporting Her From The Airport To An Employee Parking Lot Is Found To Be In The Course Of Her Employment For Purposes Of Her Workers’ Compensation Claim](https://pa-injurylawyer.com/case_summaries/a-flight-attendant-injured-on-a-shuttle-bus-transporting-her-from-the-airport-to-an-employee-parking-lot-is-found-to-be-in-the-course-of-her-employment-for-purposes-of-her-workers-compensation-claim/): In US Airways v. WCAB, 2018 WL 1003596 (2/22/18), the Commonwealth Court held that a flight attendant who was injured on a shuttle bus which was transporting her from her job at the Philadelphia Airport to an employee parking lot was in the course of her employment.  The employee parking lot was owned and operated by the City of Philadelphia for use of all airport employees, not just the employees of US Airways.  US Airways did not require its workers to park in the employee parking lot, and gave no directive as to where employees could park.  In addition, US Airways exercised no control over the shuttle buses. - [Bad Things Happen To The Employee When They Don’t Notify Their Employer Of Injury](https://pa-injurylawyer.com/case_summaries/bad-things-happen-to-the-employee-when-they-dont-notify-their-employer-of-injury/): In Burch v. WCAB, 2018 WL 1102078 (Pa. Cmwlth Ct., 3/1/18), employee didn’t notify her employer of a work injury because her employer gave bonuses to all employees if the company had no work injuries for the year.  She didn’t want to be the one who caused her co-workers losing their bonuses, and stated at the time that she was, “taking one for the team.”  Instead, she fabricated a story about injuring herself at home, which she told her medical providers and supervisors.  Ultimately, the employee required a spinal fusion on her neck for which she needed ongoing treatment and was unable to return to work.  At that point, she decided to make a claim for workers’ compensation benefits, which she testified she would have done from the outset if she had known how serious her injuries were.  The workers’ compensation judge accepted employees story, but denied her right to workers’ compensation medical and income loss benefits because she failed to provide notice to her supervisor in a timely fashion.  The Commonwealth Court affirmed the decision of the workers’ compensation judge stating: - [A Confessed Judgment Filed After The Statute Of Limitations Will Be Stricken](https://pa-injurylawyer.com/case_summaries/a-confessed-judgment-filed-after-the-statute-of-limitations-will-be-stricken/): In Driscoll v. Arena, 2018 WL 823202, (Pa. Super., 2/12/18), the Superior Court affirmed the lower court’s order striking a confessed judgment because it was filed after the applicable statute of limitations.  This case arises out of three promissory notes two of which were dated March 24, 2005, and the third was dated October 27, 2009. - [An Auto Insurance Carrier Is Required To Obtain A Signed Written Waiver Of Stacking When A Policy Holder Increases Their Limit Of UM/UIM Benefits](https://pa-injurylawyer.com/case_summaries/an-auto-insurance-carrier-is-required-to-obtain-a-signed-written-waiver-of-stacking-when-a-policy-holder-increases-their-limit-of-um-uim-benefits/): In Barnard v. Travelers, E.D. Pa, Feb. 5, 2018, the Federal Court for the Eastern District of Pennsylvania held that a carrier is required to obtain a signed written waiver of stacked uninsured motorist, (“UM”), or underinsured motorist , (“UIM”), benefits when a policy holder increases their limit of such benefits.  UM/UIM coverage pays an injury victim’s damages if the at-fault party in the accident had no, (UM), or inadequate, (UIM), liability insurance.  Under the Pennsylvania Motor Vehicle Insurance Law, (“MVFRL”), an insured is entitled to stack their limits of UM and UIM benefits, meaning that they can multiply their limits by the number of vehicles insured under the policy.  However, a policy holder can waive their right to stack in return for a reduction in premium by signing a written waiver that is prescribed at 75 Pa.C.S. Section 1738 of the MVFRL. - [State Police Officer Was Immune From Suit For Intentional Torts Committed In The Course Of His Employment](https://pa-injurylawyer.com/case_summaries/state-police-officer-was-immune-from-suit-for-intentional-torts-committed-in-the-course-of-his-employment/): In Justice v. Lombardo, 2017 WL 5329370, (Pa. Cmwlth. Ct., 11/14/17), the Pennsylvania Commonwealth Court held that a State Police Officer had sovereign immunity from intentional tort claims brought by a motorist who sued for assault and battery, invasion of privacy, intentional infliction of emotional distress, false arrest, false imprisonment, and abuse of process arising from a traffic stop where the trooper handcuffed the motorist to get her off a busy highway when her vehicle was being towed.  In this case, the trooper stopped the motorist, and found that she was driving on a suspended license.  Since she could not drive from the scene, the motorist called a friend to drive her car from the scene.  While waiting, the trooper called a tow truck and ordered the motorist to exit the vehicle.  There are conflicting versions of what occurred next, but the trooper ended up handcuffing the motorist.  When the motorist’s friend arrived, the trooper removed the handcuffs and allowed her to leave.  The Commonwealth Court held that the trooper’s conduct was within the scope of his authority, and therefore he was immune from suit.  Consequently, the decision of the trial court denying the trooper’s motion for judgment JNOV was reversed, and the case was remanded with instructions to the trial court to enter judgment in favor of the trooper. - [Workers’ Compensation Death Benefits Widows And Widowers Who Were Separated At The Time Of Death Requires A Showing Of Dependency](https://pa-injurylawyer.com/case_summaries/workers-compensation-death-benefits-widows-and-widowers-who-were-separated-at-the-time-of-death-requires-a-showing-of-dependency/): In Grimm v. WCAB, Pa. Cmwlth. Ct., WL 280380, (1/4/18), claimant separated from his wife 18 months before she suffered a fatal work-related heart attack.  The record showed that decedent provided health insurance for claimant through her employer.  Otherwise, claimant was entirely self-sufficient, and in fact, provided financial aid to decedent and their children.  The test for establishing dependence for widows and widowers requires a showing of actual dependency, and that he/she received a substantial portion of support from decedent.  The workers’ compensation judge found that claimant was not living with decedent and that he was not dependent on her or receiving a substantial portion of support from her at the time of her death.  The Commonwealth Court affirmed. - [The Superior Court Reviews The Standards For Defamation Per Se And Defamation By Implication](https://pa-injurylawyer.com/case_summaries/the-superior-court-reviews-the-standards-for-defamation-per-se-and-defamation-by-implication/): In Menkowitz v. Peerless Publ’n, Inc., 2017 WL 6397649, the Superior Court granted a judgment n.o.v. to defendant newspaper with regard to plaintiff’s claims for defamation per se, and defamation by implication.  In this case, the Pottstown Mercury Newspaper published several articles reporting that plaintiff doctor “has been suspended by Pottstown Memorial Medical Center after 25 years on the hospital staff,” and that the doctor’s “sudden absence from the hospital has spawned rampant rumors” of “professional misconduct in his treatment of an older female patient.” Plaintiff sued claiming defamation per se, and defamation by implication.  A jury returned a verdict in favor of plaintiff for compensatory and punitive damages.  The trial court vacated the award of punitive damages, but affirmed the award of compensatory damages.  Both parties appealed. - [Driving For Uber After Losing One’s Regular Employment Does Not Disqualify Them For UC Benefits](https://pa-injurylawyer.com/case_summaries/driving-for-uber-after-losing-ones-regular-employment-does-not-disqualify-them-for-uc-benefits/): In Lowman v. Unemployment Compensation Board of Review, 2018 WL 521866, (January 24, 2018), the Commonwealth Court held that a person who applied for unemployment compensation, (UC), benefits did not disqualify themselves for UC benefits by becoming an Uber driver while waiting for a determination on his application for UC benefits.  In this case, claimant’s application for UC benefits was denied on the basis that he had become self-employed when he started working as an Uber driver.  The Unemployment Compensation Law requires two criteria to be satisfied for a claimant to be considered self-employed:  (1) the claimant must be free from control or direction in the performance of his service; and (2) the claimant must be customarily engaged in an independently established trade, occupation, or business.  43 P.S. Section 753(l)(2).  The Board concluded that both criteria were satisfied because claimant used his own mobile phone and vehicle; paid for the vehicle maintenance and fuel; was required to carry insurance, a driver’s license, and vehicle registration; and set his own hours.  In addition, claimant was able to accept or refuse assignments from Uber and allowed to drive for others.  In addition, the Board found that claimant’s driving history with Uber was frequent and prolonged rather than occasional and limited.  However, the Commonwealth Court concluded that the question was not whether claimant was working for Uber as an employee or an independent contractor for purposes of his entitlement to UC benefits.  The court held that that the proper question was whether claimant had taken positive steps to embark on an independent trade or business.  Relevant to this inquiry would be such things as establishing a business entity, advertising his driving services independent of Uber, listing a business telephone number, obtaining business insurance, obtaining business cards, etc.  Absent such evidence, the court held that claimant’s actions did not reflect “an entrepreneurial spirit” or “intentions of starting a new business or trade.”  Therefore the court reversed Board’s adjudication. - [The Employer’s Burden Of Proof With Respect To Petitions To Modify Benefits Based On A Labor Market Survey Is Clarified](https://pa-injurylawyer.com/case_summaries/the-employers-burden-of-proof-with-respect-to-petitions-to-modify-benefits-based-on-a-labor-market-survey-is-clarified/): In Smith v. W.C.A.B., 2018 WL 296840 (January 5, 2018), the Commonwealth Court clarified the employer’s burden of proof with respect to petitions to modify benefits based on a labor market survey.   In this case, The Workers’ Compensation Judge, (WCJ), granted the employer’s petition to modify claimant’s benefits based on a labor market survey showing five available positions within claimant’s medical restrictions with an average pay of $400.56.  Claimant testified that he applied for the five jobs and received interviews for 2 security guard positions which he did not get.  He never received any response from the other three applications.  The Workers’ Compensation Appeal Board, (W.C.A.B.), held that the employer had the burden of proving only that the five positions were open and available to claimant at the time of the labor market survey.  The vocational counselor testified that they were open, and the WCJ found no evidence in the record that they were not open at the time of claimant’s application.  Thus, the WCJ granted employer’s petition, and the Appeal Board affirmed. - [The PA Supreme Court Holds That The Statute Of Limitations In An Uninsured Motorist Action Begins On The Date That A Breach Of Contract Occurred](https://pa-injurylawyer.com/case_summaries/the-pa-supreme-court-holds-that-the-statute-of-limitations-in-an-uninsured-motorist-action-begins-on-the-date-that-a-breach-of-contract-occured/): In Erie Insurance v. Bristol, 2017 WL 5617628, (Pa., November 22, 2017), the Pennsylvania Supreme Court held that the four year statute of limitation In an uninsured motorist claim did not begin on the date that the insured learned that the adverse driver was uninsured, but rather, on the date that the uninsured motorist carrier allegedly breached a contractual duty, which in this case was either the insurer’s denial of coverage or refusal to arbitrate.  In this case, Bristol was injured in a hit-and-run accident on July 22, 2005.  Bristol had uninsured motorist coverage through an Erie policy with his employer.  The Erie policy contained an arbitration clause.  Bristol’s attorney notified Erie of an uninsured motorist claim on June 19, 2007.  Both parties then selected arbitrators, and Erie obtained Bristol’s statement under oath.  No other action was taken other than an exchange of correspondence in September 2012.  Erie then filed a declaratory judgment action on May 29, 2013, asserting that the statute of limitations began on the date of the injury when Bristol knew or should have known that the adverse vehicle was uninsured.  Bristol argued that there was no need to file suit because of Erie’s agreement to arbitrate and the selection of arbitrators.   The trial court granted Erie’s motion based on the Superior Court’s decision in Hopkins v. Erie Ins. Co., 65 A.3d 452 (Pa. Super. 2013), which required suit to be filed in order to toll the statute of limitations.  The Superior Court affirmed in an unpublished opinion.  The Pennsylvania Supreme Court reversed holding that the question of when the statute of limitations begins with respect to a contractual duty to provide uninsured motorist coverage begins on the date of the alleged breach of contractual duty, which in this case was either the insurer’s denial of coverage or refusal to arbitrate. - [The Two Year Statute Of Limitation For Wrongful Death Or Survival Commences On Date Of Death Under The MCARE Act](https://pa-injurylawyer.com/case_summaries/the-two-year-statute-of-limitation-for-wrongful-death-or-survival-commences-on-date-of-death-under-the-mcare-act/): In Dubose v. Quinlan, 2017 WL 5616235, (Pa., Nov. 22, 2017), the Pennsylvania Supreme Court affirmed the decision of the trial court and the Pennsylvania Superior Court, both of which had held that the statute of limitations for medical professional liability in the form of wrongful death or survival action is two years, commencing on the date of decedent’s death, as opposed to two years commencing on the date that the victim ascertained, or in the exercise of due diligence should have ascertained the fact of a cause of action.   The Supreme Court based its decision on the plain language contained in Medical Care Availability and Reduction of Error Act (MCARE), 40 P.S. Section 1903.513(d), which states:  “If the claim is brought or , the action must be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death.”  The Court held that this specific statute of limitations for medical professional liability negligence that results in death prevails over the general statute of limitations for personal injuries contained in 42 Pa.C.S. Section 5524(2). - [The Pennsylvania Superior Court Revisits The Standards For Nursing Home Negligence, Vicarious Liability, And Punitive Damage Claims](https://pa-injurylawyer.com/case_summaries/the-pennsylvania-superior-court-revisits-the-standards-for-nursing-home-negligence-vicarious-liability-and-punitive-damage-claims/): In Breslin v. Mountain View Nursing Home, Inc., 2017 WL 4296241, (September 28, 2017), the Pennsylvania Superior Court reversed the trial court’s order dismissing the Plaintiff’s amended complaint seeking negligence and punitive damages.  In this case, Plaintiff’s decedent developed multiple Grade III and/or Grade IV pressure ulcers.  Plaintiff filed an amended complaint alleging corporate negligence based on the breach of non-delegable duties, vicarious liability, and punitive damages. - [Employer Required To Compensate Employees For Breaks Of Short Duration](https://pa-injurylawyer.com/case_summaries/employer-required-to-compensate-employees-for-breaks-of-short-duration/): In Secretary United States Department of Labor v. American Future Systems, Inc., 873 F.3d 420 (10/13/2017), the Third Circuit held that the employer’s flexible time policy was subject to the Fair Labor Standards Act, (“FLSA”), that the Department of Labor’s interpretation of FLSA as requiring compensation for rest periods of short duration was subject to the highest level of deference, and that the District Court did not abuse its discretion in awarding liquidated damages.  In this case, the Secretary of the Department of Labor, (“DOL”), brought a wage and hour action against American Future Systems, (“AFS”), claiming that its policy of not providing paid breaks, but instead allowing employees to take breaks from work at any time, for any reason, and for any duration violated FLSA. - [Regularly Used Non-Owned Vehicle Exclusion Upheld](https://pa-injurylawyer.com/case_summaries/regularly-used-non-owned-vehicle-exclusion-upheld/): In Reeves v. Travelers, 2017 WL 4930900, (E.D. Pa., 10/31/17), the Eastern District Court upheld the “regularly used, non-owned vehicle” exclusion contained in Traveler’s automobile insurance policy.  In this case, Reeves worked in the City of Philadelphia Street Lighting Department and was injured while a passenger in a work truck.  At the time of his injury, Reeves owned a 2006 Mercury Mariner, which was insured by Travelers.  The Traveler’s policy contained a “regularly used, non-owned vehicle” exclusion that provided, - [The Pennsylvania Superior Court Revisits The Standards For Nursing Home Negligence, Vicarious Liability, And Punitive Damage Claims](https://pa-injurylawyer.com/case_summaries/the-pennsylvania-superior-court-revisits-the-standards-for-nursing-home-negligence-vicarious-liability-and-punitive-damage-claims-2/): In Breslin v. Mountain View Nursing Home, Inc., 2017 WL 4296241, (September 28, 2017), the Pennsylvania Superior Court reversed the trial court’s order dismissing the Plaintiff’s amended complaint seeking negligence and punitive damages.  In this case, Plaintiff’s decedent developed multiple Grade III and/or Grade IV pressure ulcers.  Plaintiff filed an amended complaint alleging corporate negligence based on the breach of non-delegable duties, vicarious liability, and punitive damages.  The trial court held that non-delegable duties, which are applicable in hospital negligence actions,  did not extend to Plaintiff’s allegations in this nursing home negligence action.  The theory of non-delegable duties was adopted by the Pennsylvania Supreme Court in Thompson v. Nason Hosp., 527 Pa. 330, 591 A.2d 703 (1991).  In Thompson, the Court held that the hospital owed a non-delegable duty of care toward a patient of a doctor with staff privileges.  In particular, the Court held that the hospital “owed a non-delegable duty directly to the patient to observe, supervise, or control his/her treatment approved by multiple physicians; to apply and enforce its consultation and monitoring procedures; and to ensure the patient’s safety and well-being while at the hospital.” - [Evidence Of An Insurer’s Motive Of Self-Interest Or Ill Will Is Not Required In An Insurance Bad Faith Action](https://pa-injurylawyer.com/case_summaries/evidence-of-an-insurers-motive-of-self-interest-or-ill-will-is-not-required-in-an-insurance-bad-faith-action/): In Rancosky v. Washington National Insurance Company, No. 28 WAP 2016, (September 28, 2017), the Pennsylvania Supreme Court considered for the first time the elements of a bad faith insurance claim brought pursuant to the Pennsylvania bad faith statute, 42 Pa.C.S. Section 8371.  The Court adopted a two part test earlier articulated in the Superior Court case of Terletsky v. Prudential Property & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. 1994).  This test requires a showing of clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy, and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis.  Importantly, the Court specifically held that proof of an insurance company’s motive of self-interest or ill-will is not a prerequisite to prevailing in a bad faith claim, as asserted by the carrier.  The Court found that while such evidence would be probative of the second prong of theTerletsky test, evidence of the insurer’s knowledge or recklessness as to its lack of a reasonable basis in denying policy benefits is sufficient. - [Pennsylvania Supreme Court Refuses To Accept Appeal From Superior Court’s Reversal Of Trial Court’s Grant Of Summary Judgement For Defendant Under Tincher Standard In Products Liability Case](https://pa-injurylawyer.com/case_summaries/pennsylvania-supreme-court-refuses-to-accept-appeal-from-superior-courts-reversal-of-trial-courts-grant-of-summary-judgement-for-defendant-under-tincher-standard-in-products-liability-case/): On September 25, 2017, the Pennsylvania Supreme court denied an application for allowance of appeal from the decision of the Pennsylvania Superior Court in High v. Pennsy Supply, Inc.,154 A.3d 341 (1/13/17), which reversed the decision of the Dauphin County Court of Common Pleas, which granted summary judgement for Defendant in this products liability case.  The Superior Court found that a fact issue remained as to whether an ordinary consumer would reasonably have anticipated the dangerous condition of concrete and risk of injury pursuant to the standards set forth in Tincher v. Omega Flex, 628 Pa. 296, 104 A.3d 328 (2014).   In this case, plaintiffs ordered concrete from defendant for a crawl space floor.  Due to the limited head-room in the crawl space, they ordered flowable fill concrete, which is self-leveling.  Defendant mistakenly delivered regular concrete, which did not become evident until after the concrete had been poured.  At that point, plaintiffs felt that they had no choice but to try to level it as best they could using rakes, boards, and their forearms.  After about 90 minutes, their clothes were saturated with concrete.  Plaintiffs then noticed that their skin was peeling off, and they washed the concrete from their bodies.  Unfortunately, plaintiffs suffered severe second and third degree burns due to contact with the concrete. - [Third Circuit Affirms Summary Judgement In Favor Of Football Coach And School District For Traumatic Brain Injury Based On The State Of The Law At The Time Of The Injury](https://pa-injurylawyer.com/case_summaries/third-circuit-affirms-summary-judgement-in-favor-of-football-coach-and-school-district-for-traumatic-brain-injury-based-on-the-state-of-the-law-at-the-time-of-the-injury/): In Mann v. Palmerton Area School District, 2017 WL 4172055, (9/21/17), the Third Circuit affirmed the District Court’s grant of summary judgment in favor of a high school football coach and school district.  In November, 2011, a student experienced a hard hit at football practice, and while some players thought he was suffering concussion like symptoms, his coach sent him back into the practice.  He then suffered another violent hit and was removed from practice.  He was later diagnosed with traumatic brain injury.  The school district had a handbook that required any player suffering from injury to be removed from play and sent to the trainer.  The coach testified that he was aware of the symptoms of a concussion and had been trained in how to identify one.  He also testified that he was trained to err on the side of caution when dealing with a student who may have suffered a concussion. - [WARNING! CHECK YOUR INSURANCE POLICY!](https://pa-injurylawyer.com/case_summaries/warning-check-your-insurance-policy/): Normally, automobile insurance policies insures anyone who a policy holder permits to drive their car for liability that the permitted driver may have if they negligently cause an accident.  This is called “Permissive Driver Coverage.”  However, in a case handed down on September 18, 2017, the Pennsylvania Superior Court held that an insurance carrier can exclude “Permissive Driver Coverage” if the permitted driver is not related to the policy holder, is living with the policy holder, and is not specifically listed on the policy.  This exclusion is called the “Unlisted Resident Driver Exclusion.” In this case, Safe Auto’s policy holder allowed his live-in girlfriend to drive his car.  She then caused an accident through her negligence, and was sued.  Safe Auto refused to cover her for her liability because of this exclusion.  The parties went to court on the question of whether Safe Auto owed liability insurance coverage to the policy holder’s girlfriend, and a divided three judge panel of the Pennsylvania Superior Court ruled in favor of Safe Auto.  The case is Safe Auto Insurance Company v. Oriental-Guillermo, 2017 W.L. 4124219, Opinion by Dubow, J., joined by Solano, J.  Dissenting opinion by Ford Elliott, P.J.E. - [No Case Where Generally Slippery Conditions Prevail Without Hills And Ridges.](https://pa-injurylawyer.com/case_summaries/no-case-where-generally-slippery-conditions-prevail-without-hills-and-ridges/): In Neifert v. Speedway, LLC, 2017 WL 4052264, (Pa. Super. 9/14/17), the Superior Court affirmed the grant of summary judgment by the Berks County Court of Common Pleas.  (Berks CCP, 15-3929).  In this case, Plaintiff slipped and fell on ice in the parking lot of the Speedway gas station on December 7, 2012.  Small patches of black ice were found near where Plaintiff fell from a light misty precipitation. - [The Language In A Workers’ Comp C&R Agreement Determines The Scope Of Release.](https://pa-injurylawyer.com/case_summaries/the-language-in-a-workers-comp-cr-agreement-determines-the-scope-of-release/): In Zuber v. Boscov’s, 2017 WL 3974513 (3rd Cir. 9/11/17), the Third Circuit held that the language of the release contained in a workers’ compensation Compromise and Release (C&R) agreement, did not bar the employee from suing his employer under FMLA and Pennsylvania common law employee rights theories. - [Employer Is Responsible For All Medical Expenses Related To The Acknowledged Injury In A C&R Agreement.](https://pa-injurylawyer.com/case_summaries/test/): In Haslam v. WCAB, 2017 WL 3798517, (Pa. Cmwlth. Ct., 9/1/17), the Commonwealth Court reversed the WCAB which had concluded that Employer was NOT required to pay for treatment of claimant’s RRS/CRPS condition after claimant entered into a Compromise and Release (“C&R”) Agreement which described Claimant’s injury on a standardized Labor & Industry form as “arious injuries and bodily parts including but not necessarily limited to fractured right and left feet.”  Employer did not dispute the reasonableness or necessity of the treatment for Claimant’s RSD/CRPS condition.  Instead, Employer filed a Utilization Review (“UR”) Petition arguing that it should not be responsible for the treatment because it only accepted liability for “fractured right and left feet.” - [Pennsylvania Supreme Court Refuses To Hear Appeal From Denial Of Defendant’s Motion For Summary Judgement In Products Liability Case](https://pa-injurylawyer.com/case_summaries/206982-2/): On September 25, 2017, the Pennsylvania Supreme court denied an application for allowance of appeal in High v. Pennsy Supply, Inc., 154 A.3d 341 (1/13/17).  In High, the Superior Court reversed the decision of the Dauphin County Court of Common Pleas to grant summary judgement for the Defendant.  The Superior Court found that a factual issue remained as to whether an ordinary consumer would reasonably have anticipated the dangerous condition of concrete and risk of injury pursuant to the products liability standards set forth in Tincher v. Omega Flex, 628 Pa. 296, 104 A.3d 328 (2014). - [Statute Of Limitations – Discovery Rule.](https://pa-injurylawyer.com/case_summaries/statute-of-limitations-discovery-rule/): The Pennsylvania Supreme Court granted Appellant’s Petition for Allowance of Appeal In Nicolaou v. Martin, (August 18, 2017), on the issue of the discovery rule.  In an en banc decision, the Pennsylvania Superior Court dismissed Appellant’s medical malpractice claim based on the two year statute of limitations.    The Superior Court’s opinion may be found at 153 A.2d 383, (Dec. 22, 2016), and was written by Shogan, J.  Ford Elliott, P.J.E., Bender, P.J.E., Panella, Olson, and Ott, JJ. Joined.  Lazarus dissented and filed an opinion in which Gantman, P.J.,and Bowes, J. joined. - [The Construction Workplace Misclassification Act (CWMA) May Not Be Applied Retroactively.](https://pa-injurylawyer.com/case_summaries/the-construction-workplace-misclassification-act-cwma-may-not-be-applied-retroactively/): In D&R Construction v. WCAB, 2017 WL 3254789,  (August 1, 2017), the Commonwealth Court held that the CWMA may not be applied retroactively, and that the Workers’ Compensation Appeal Board erred by referring to it as guidance with respect to whether the workers’ compensation claimant was an employee or an independent contractor.  The CWMA was enacted on October 13, 2010, effective in 120 days.  It sets forth specific criteria for determining whether a worker is an employee or an independent contractor.  The absence of a single criterion will negate the independent contractor status, and the worker will be deemed an employee.  Claimant’s injury occurred on August 28, 2010. - [A Child Support Non-Disbursement Order Must Be Honored Even If The Workers’ Compensation Settlement Is Less Than $5,000.00.](https://pa-injurylawyer.com/case_summaries/a-child-support-non-disbursement-order-must-be-honored-even-if-the-workers-compensation-settlement-is-less-than-5000-00/): In Coffman v. Kline, 2017 WL 3123867, (Pa. Super., July 24, 2017), the Lehigh County domestic relations section (DRS) filed a petition on behalf of a mother seeking to hold a workers’ compensation claim servicer in contempt for disbursing workers’ compensation settlement proceeds of less than $5,000.00 in violation of the DRS non-disbursement order.  The Lehigh County court dismissed the petition.  The Pennsylvania Superior Court held that the workers’ compensation claim servicer was required to comply with the non-disbursement order, even though the settlement amount was less than $5,000.00, and that DRS established by a preponderance of the evidence that the workers’ compensation claim servicer willfully violated the non-disbursement order with wrongful intent, and, thus, could be held in contempt.  Opinion by Bowes, J. - [Pennsylvania Supreme Court Strikes Down Major Piece Of Workers’ Compensation Act.](https://pa-injurylawyer.com/case_summaries/pennsylvania-supreme-court-strikes-down-major-piece-of-workers-compensation-act/): In Protz v. W.C.A.B., 2017 WL 2644474 (Pa Supreme Court, June 20, 2017), the Pennsylvania Supreme Court struck down Section 306 (a.2) of the Workers’ Compensation Act, (“W.C.A.”) 77 Pa.C.S. Section 511.2(1), which allowed employers to demand that a claimant undergo an Impairment Rating Evaluation, (“IRE”),  to determine their “degree of impairment” based on the most recent AMA Guides, as an unconstitutional delegation of legislative authority. - [A Panel Of The Superior Court Holds That Punitive Damages May Not Be Added After The Statute Of Limitations Has Expired.](https://pa-injurylawyer.com/case_summaries/a-panel-of-the-superior-court-holds-that-punitive-damages-may-not-be-added-after-the-statute-of-limitations-has-expired/): In Khaalid Amir Wilson, et al v. U.S. Security Associates, Inc., et al, 2017 WL 3034031, 2017 Pa. Super 226 (July 18, 2017), a three judge panel of the Pennsylvania Superior Court held that it was legally incorrect to permit the addition of a clam for punitive damages after the statute of limitations had expired.  In this case, the Plaintiff had stipulated to resolve preliminary objections to a claim for punitive damages by agreeing to dismiss the claim without prejudice.  Plaintiff then filed a motion for leave to amend to add punitive damages after the statute of limitations had expired.  The trial court granted the motion, and the Superior Court reversed the denial of JNOV as to punitive damages.  However, it must be noted that the Superior Court cited no authority whatsoever for its holding, and even quoted Hilbert v. Roth, 149 A.2d 648, 652 (Pa. 1959), where the Pennsylvania Supreme Court stated that, “The right to punitive damages is a mere incident to a cause of action – an element which the jury may consider in making its determination – and not the subject of an action in itself.”   In Hilbert the Court held that a punitive damages claim against a second tortfeasor was no longer available because the plaintiff had already settled his claim for compensatory damages with the first tortfeasor.   The Superior Court merely stated that “in full context, the actual holding in Hilbert offers scant support for Appellees’ claim in this appeal.”  The Superior Court also  held that permitting punitive damages to be added was an abuse of discretion based on a contract theory in connection with the parties’ stipulation.  (Fn. 27).  Before Dubow, J., Ransom, J. and Platt, J.  Opinion by Platt, a retired senior judge assigned to the Superior Court. - [Admissibility Of Evidence Of Intoxication.](https://pa-injurylawyer.com/case_summaries/admissibility-of-evidence-of-intoxication/): In Partlow v. Gray, 2017 WL 2590738, (June 15, 2017), the Superior Court held that intoxication evidence was admissible in a wrongful death motor vehicle accident case even though the Defendant had admitted negligence and the trial court had dismissed Plaintiff’s claim for punitive damages.  The distinguishing factors were that Defendant was still asserting a comparative negligence claim. - [No Diversity Jurisdiction Even Though Plaintiff Only Lived In PA For 11 Days.](https://pa-injurylawyer.com/case_summaries/no-diversity-jurisdiction-even-though-plaintiff-only-lived-in-pa-for-11-days/): In Corrrado v. Timber Ridge Health Care Ctr., 3:17-CV-123, 2017 WL 2288858, (M.D. Pa. May 25, 2017), the Court dismissed a suit over a nursing home death due to a lack of subject matter jurisdiction because the parties were both residents of Pennsylvania. - [A Slip And Fall In A Medical Facility Is Not Medical Negligence.](https://pa-injurylawyer.com/case_summaries/a-slip-and-fall-in-a-medical-facility-is-not-medical-negligence/): In Galeano v. Susquehanna Health Sys., 1182 MDA 2016, 2017 WL 2197007 (Pa. Super. Ct. May 17, 2017), the Superior Court reversed the trial court’s order granting summary judgement to defendants based on Plaintiff’s failure to provide medical expert testimony in a personal injury case arising from a slip and fall at the entrance to Defendant’s medical facility. - [IME Requirement In Auto Policy Of Is Void.](https://pa-injurylawyer.com/case_summaries/ime-requirement-in-auto-policy-of-is-void/): In Sayles v. Allstate, 3:16-CV-01534, 2017 WL 1928408, (M.D. Pa. May 10, 2017), District Court Judge Caputo denied Allstate’s motion to dismiss in a potential class action based on a provision in Allstate’s policy that requires insureds to submit to an IME by a physician chosen by Allstate as a condition precedent to payment of medical expenses.  §1796 of the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) permits an insurer to compel an IME only on a motion “for good cause shown.” - [Failure To Effectuate Service Within 30 Days Not Necessarily Fatal.](https://pa-injurylawyer.com/case_summaries/failure-to-effectuate-service-within-30-days-not-necessarily-fatal/): In Fernando Melendez v. The Good Samaritan Hospital et al., 1496 MDA 2015 (Pa. Super May 8, 2017), a non-precedential decision, the Pennsylvania Superior Court reversed an order from the Court of Common Pleas of Lebanon that granted the defendant’s motion for judgement on the pleadings based on defective service in a medical malpractice suit. - [Statement To State Board Of Medicine Is Immune From Defamation Suit.](https://pa-injurylawyer.com/case_summaries/statement-to-state-board-of-medicine-is-immune-from-defamation-suit/): In Greenberg v. McGraw, 161 A.3d 976, (Pa. Super. May 5, 2017), a three judge panel of the Pennsylvania Superior Court held that an allegedly false and defamatory statement to the State Board of Medicine by a medical assistant regarding a doctor’s fitness to practice medicine where part of a quasi-judicial proceeding and therefore subject to judicial privilege.   Thus, the lower court’s grant of Defendant’s preliminary objections in the nature of a demurrer was affirmed.  Opinion by Bender, P.J.E., - [The United States Supreme Court Holds That FEHBA Preempts State Anti-Subrogation Laws.](https://pa-injurylawyer.com/case_summaries/the-united-states-supreme-court-holds-that-fehba-preempts-state-anti-subrogation-laws/): On April 18, 2017, the United States Supreme Court handed down an 8 to 0 decision written by Justice Ginsburg in the case of Coventry Health Care of Missouri, Inc v. Nevils, 2017 WL 1377380, holding that the Federal Employees Health Benefits Act (FEHBA) preempts states’ anti-subrogation laws. The interesting issue in this case was whether the FEHBA could give preemptive force of law to private contracts.  The Court ruled in favor of the health insurer and permitted FEHBA subrogation, stating: - [Products Liability, Tincher Rule](https://pa-injurylawyer.com/case_summaries/products-liability-tincher-rule/): In Renninger v. A&R Machine Shop, et al, 2017 WL 1326515 (Pa. Superior Ct., 4/11/2017), a unanimous three judge panel of the Pennsylvania Superior Court handed down one of the first appellate court decisions since the law of Products liability in Pennsylvania was changed by the Pennsylvania Supreme Court in Tincher v. Omega Flex, Inc., 104 A.3rd 328 (Pa. 2014).  Tincher overruled Azzarella v. Black Brothers, 391 A.2d 1020 (Pa 1978), which required a strict separation of negligence and products liability principles. - [New UIM Stacking Waiver Required.](https://pa-injurylawyer.com/case_summaries/new-uim-stacking-waiver-required/): In Pergolese v. The Standard Fire Insurance Co. 2017 WL 1337943 (April 11, 2017), a split panel of the Pennsylvania Superior Court held that The Standard Fire Insurance Company was required to obtain a new UIM stacking waiver when its insured informed their insurer that they were purchasing a new vehicle, and the new vehicle was added to the policy before the purchase was complete. - [A Decision By A Heart & Lung Arbitrator Is Not Binding In A Workers’ Comp Proceeding.](https://pa-injurylawyer.com/case_summaries/a-decision-by-a-heart-lung-arbitrator-is-not-binding-in-a-workers-comp-proceeding/): In Merrell v. WCAB, 2017 WL 1210197 (April 3, 2017), the Pennsylvania Commonwealth Court held that a decision by a Heart & Lung  arbitrator that a claimant was disabled and thus entitled to Heart & Lung benefits was not binding on the Workers’ Compensation Judge. - [UIM Rejection Form Need Not Be Verbatim Reproduction Of Statutory Form.](https://pa-injurylawyer.com/case_summaries/uim-rejection-form-need-not-be-verbatim-reproduction-of-statutory-form/): In Ford v. American States Insurance Company, 154 A.3d 237 (Pa. Supreme Court, February 22, 2017), the Pennsylvania Supreme Court held that a rejection form for underinsured motorist (UIM) coverage was valid even though it was not a verbatim reproduction of the statutory form. ## FAQs - [Workers Compensation FAQs](https://pa-injurylawyer.com/faq/workers-compensation-faqs/) - [Defective Products FAQs](https://pa-injurylawyer.com/faq/defective-products-faq/) - [Slip & Fall FAQs](https://pa-injurylawyer.com/faq/slip-fall-faqs/) ## Hershey Practice Areas - [Hershey Dog Bite Attorneys](https://pa-injurylawyer.com/hershey-dog-bite-attorneys/) - [Hershey Wrongful Death Attorneys](https://pa-injurylawyer.com/hershey-wrongful-death-attorneys/) - [Hershey Personal Injury Attorneys](https://pa-injurylawyer.com/hershey-personal-injury-attorneys/) - [Hershey Workers Compensation Attorneys](https://pa-injurylawyer.com/hershey-workers-compensation-attorneys/) - [Hershey Slip Fall Attorneys](https://pa-injurylawyer.com/hershey-slip-fall-attorneys/) - [Hershey Truck Accident Attorneys](https://pa-injurylawyer.com/hershey-truck-accident-attorneys/) - [Hershey Car Accident Attorneys](https://pa-injurylawyer.com/hershey-car-accident-attorneys/) ## Lancaster Practice Areas - [Lancaster Rideshare Accident Attorneys](https://pa-injurylawyer.com/lancaster-rideshare-accident-lawyer/) - [Lancaster Employment Lawyers](https://pa-injurylawyer.com/lancaster-employment-lawyers-for-workplace-issues/): Employment law covers more than just one type of issue. 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At Freeburn Law, we represent employees in York and throughout York County who are dealing with unfair treatment on the job. - [York Truck Accident Attorneys](https://pa-injurylawyer.com/york-truck-accident-attorneys/) - [York Dog Bite Attorneys](https://pa-injurylawyer.com/dog-bite-injury-lawyers-in-york-pa/) - [York Personal Injury](https://pa-injurylawyer.com/york-personal-injury/) - [York Workers' Compensation Attorneys](https://pa-injurylawyer.com/york-workers-compensation-attorneys/) - [York Wrongful Death Attorneys](https://pa-injurylawyer.com/york-wrongful-death-attorneys/) - [York Slip Fall Attorneys](https://pa-injurylawyer.com/york-slip-fall-attorneys/) - [York Car Accident Attorneys](https://pa-injurylawyer.com/york-car-accident-attorneys/) ## Lebanon Practice Areas - [Lebanon Dog Bite Attorneys](https://pa-injurylawyer.com/lebanon-dog-bite-attorneys/) - [Lebanon Motorcycle Accident Attorneys](https://pa-injurylawyer.com/lebanon-motorcycle-accident-attorneys/) - [Lebanon Car Accident Attorneys](https://pa-injurylawyer.com/lebanon-car-accident-attorneys/) - [Lebanon Workers' Compensation Attorneys](https://pa-injurylawyer.com/lebanon-workers-compensation-attorneys/) - [Lebanon Wrongful Death Attorneys](https://pa-injurylawyer.com/lebanon-wrongful-death-attorneys/) - [Lebanon Personal Injury Attorneys](https://pa-injurylawyer.com/lebanon-personal-injury-attorneys/) - [Lebanon Slip Fall Attorneys](https://pa-injurylawyer.com/lebanon-slip-fall-attorneys/) - [Lebanon Truck Accident Attorneys](https://pa-injurylawyer.com/lebanon-truck-accident-attorneys/) ## Harrisburg Practice Areas - [Harrisburg Rideshare Accident Lawyer](https://pa-injurylawyer.com/harrisburg-rideshare-accident-lawyer/) - [Harrisburg Employment Attorneys](https://pa-injurylawyer.com/harrisburg-employment-lawyers/) - [Harrisburg Truck Accident Attorneys](https://pa-injurylawyer.com/harrisburg-truck-accident-attorneys/) - [Harrisburg Motorcycle Accident Lawyer](https://pa-injurylawyer.com/harrisburg-motorcycle-accident-lawyer/) - [Harrisburg Car Accident Lawyer](https://pa-injurylawyer.com/harrisburg-car-accident-attorneys/) - [Harrisburg Workers Compensation Attorneys](https://pa-injurylawyer.com/harrisburg-workers-compensation-attorneys/) - [Harrisburg Wrongful Death Attorneys](https://pa-injurylawyer.com/harrisburg-wrongful-death-attorneys/) - [Harrisburg Slip And Fall Attorneys](https://pa-injurylawyer.com/harrisburg-slip-and-fall-attorneys/) ## Kingston Practice Areas - [Kingston Truck Accident Attorney](https://pa-injurylawyer.com/kingston-truck-accident-attorney/) - [Kingston Wrongful Death Accident Attorneys](https://pa-injurylawyer.com/kingston-wrongful-death-accident-attorneys/) - [Kingston Motorcycle Accident Attorneys](https://pa-injurylawyer.com/kingston-motorcycle-accident-attorneys/) - [Kingston Dog Bite](https://pa-injurylawyer.com/kingston-dog-bite/) - [Kingston Workers’ Compensation](https://pa-injurylawyer.com/kingston-workers-compensation/) - [Kingston Personal Injury Lawyers](https://pa-injurylawyer.com/kingston-personal-injury-lawyers/): Protecting the Rights of Injury Victims in Kingston, Pennsylvania - [Kingston Car Accident Attorneys](https://pa-injurylawyer.com/wilkes-barre-scranton-car-accident-attorneys/)