How to Avoid Pool Accidents This Summer

Swimming pools are one of the ultimate luxuries. They provide great exercise and fun in the sun, and everyone loves a barbecue where they get to leap into the pool and cool down. However, it’s important to remember that you as a homeowner can be held liable for any injuries that occur in and around your swimming pool, so you should always exercise reasonable precautions. Learn the situations in which a pool owner can be legally responsible for injuries, and how you can avoid lawsuits and pool accidents, and keep your guests safe this summer.

Pool Accidents and Liability

Generally speaking, homeowner liability stems from the concept of negligence, meaning that when pool accidents occur, you didn’t take the proper precautions that a reasonable person would and should take. There are a wide variety of situations in which this could occur, and you might be surprised to know that even when someone is there without your permission, you could still end up liable for injuries.

Slip and Fall Accidents

Slip and fall accidents are some of the most common pool-related incidents there are. Make sure that you provide non-slip surfaces around your pool. This could be in the form of coating on your deck, efforts to remove and minimize standing puddles, or other means of providing and maintaining traction.

Attractive Nuisance Concept

There is a concept called “attractive nuisance.” This is more of a legal loophole than anything else, but it basically states that your pool is attractive to trespassers, especially kids. That means that you are responsible for taking every precaution to ensure they can’t get in. High fences that can’t be climbed, locked gates and essentially efforts to make the pool inaccessible unless you want it to be accessed must be in place.

Insurance Coverage

Many people are surprised to discover that most homeowner’s insurance policies don’t cover swimming pool damages unless there’s a specific add-on, and even then the coverage might not be as much as you need. Make sure that you’ve got very solid and extensive coverage against damages to your pool, or against accidents and injuries that take place around it.

If You Are Injured

If you are injured due to the negligence of another person, and you were just out to have a responsible good time, you may be entitled to damages covering your injuries and efforts to get well again. If this happens, you’ll want a qualified personal injury attorney to cover your case and make sure that you get the award you deserve. Getting compensated for injuries isn’t an easy or straightforward process, and the last thing you need while trying to get well is the extra stress of fighting insurance companies.

If you’ve been injured around a pool due to the negligence of a homeowner, we’re here to help. Check out the personal injury services we offer, and get in touch with us for a no-obligation consultation about your case today!

Work Psychological Injuries

Are Psychological Injuries Covered by Workers' Compensation?

The Pennsylvania Workers' Compensation Act covers all injuries "arising in the course and scope of employment." This includes all injuries sustained on the employer's premises as well as off-premises incurred while engaged in the furtherance of the employer's business. The Workers' Compensation Act and case law define the terms and the circumstances and facts necessary to prove a covered work injury.

In Pennsylvania, psychological injuries may be covered but particular standards must be met in order to establish a workers' compensation claim. Psychological injuries fall into different categories. The first category is the psychological injury that results from a physical work injury. Another type of psychological injury is one that results from stress in the work place. The worker must prove that the psychological injuries resulted from an "abnormal working condition" which is very difficult to establish.

If you believe that you have suffered a work injury, contact the workers' compensation attorneys at Freeburn Law. Our attorneys are certified by the Pennsylvania Bar Association as specialists in workers' compensation law. Freeburn Law provides 12 office locations in Central Pennsylvania for the convenience our clients. If you can't come to our office location, don't worry, we can meet with you at your home or hospital at a convenient time for you.

Our offices are located in Harrisburg, Lebanon, Lancaster, York, Chambersburg, Gettysburg, Carlisle, Camp Hill, Newport, Lewistown, Mifflintown and Huntingdon.

Give us a call today at the 7's, that is (717) 777-7777.

Freeburn Law
Your Workers' Compensation Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-303-8005

Workers' Compensation Wage Loss Benefits

I'm Not Working At All Due to My Work Injury. Am I Entitled to Wage Loss Benefits?

The employer/insurance company is required to pay injured workers for a percentage of their lost wages up to a maximum limit, beginning on the 8th day of wage loss. If the injured workers loses more than 14 days of work they are entitled to recover the first 7 days of wage loss benefits.

To determine your workers' compensation wage loss benefits, the Pennsylvania Bureau of Workers' Compensation uses a formula to calculate your pre-injury average weekly wage . Since, there are several different formulas that may be used to calculate your pre-injury average weekly wage: it is important to ensure that the formula that is used most accurately reflects your weekly earnings prior to your work injury.

If  you have more than one (1) employer at the time of injury, the wages from all employers are included for purposes of calculating your pre-injury average weekly wage.

Your pre-injury average weekly wage is then applied to a rate schedule established by the Bureau of Workers' Compensation, which is updated every year.

A Maximum Compensation Rate exists, and this is the maximum amount of weekly benefits that you can receive no matter how high your pre-injury average weekly wage.

If you have lost wages due to a work injury, contact Freeburn Law to discuss the amount of money you are entitled to receive from your employer/insurance company. Our workers' compensation attorneys are certified by the Pennsylvania Bar Association as Workers' Compensation Law Specialists. Our attorneys attained this certification through demonstrating sufficient years of experience and knowledge of the Pennsylvania Workers' Compensation Law by passing a rigorous exam. Call us today at the 7's, that is (717) 777-7777. Freeburn Law has 12 offices located throughout Central Pennsylvania for the convenience of our clients. Or, we can come to you. We can meet with you at a time and place of your convenience.

Freeburn Law
Your Workers' Compensation Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-303-8005

Dangers of Black Ice

Beware of Black Ice Conditions

Snow, ice, and  freezing rain makes winter driving hazardous. Before you get in your car to travel to work, shop or visit friends it is important to check the local weather and road conditions. Black ice or clear ice,  is a thin, transparent cover of ice on a road surface adds to the danger of winter driving. Black ice often forms in early morning and late evening when temperatures drop. Black ice can also be formed when there are periods of daytime warming and nighttime freezing. But black ice can be formed at anytime.

Areas prone to forming black ice are shaded areas; bridge and overpass surfaces; and the road surface under the overpass. Black ice has also been known to form on cold road surfaces from  warm car exhaust. Black ice is especially dangerous as it appears as a wet road surface to the vehicle driver.

If you should drive into an area  ice is important to remain calm. Keep your steering wheel straight. Do not hit the brakes, as this may make your car skid. Slow down by lifting your foot from the accelerator. If you can , get off the road or to an area that may have a clear road surface or an road area that will provide traction for your vehicle tires. It is most important to remain calm.

Knowing current and impending weather and road conditions; maintaining a safe driving speed; maintaining a safe distance from the vehicle ahead of you; and, maintaining the safety features of your vehicle can help to improve your driving safety.

The attorneys of Freeburn Law have many years of experience of protecting the rights of accident victims. Call us today at the 7's to learn more about how we may be able to help you.

Freeburn Law
Your Accident Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-303-8005

Pedestrian and Car Accidents

Recent Pedestrian and Car Accidents

In the past several days there have been several tragic accidents in Central Pennsylvania.

Regrettably in two separate incidents, two victims were killed when crossing a street; and,  an older man was killed when his car was rear ended by an oncoming vehicle while he was stopped waiting to exit Interstate 83. A young man and woman was injured when their horse and buggy was struck by a hit and run driver. And sadly a single vehicle accident resulted in the death of two woman and injury to 3 others when their minivan left the road and struck a tree.

Pedestrian and car accidents can have heartbreaking results. Freeburn Law can help you and your family during these very difficult times. Our attorneys are here to hold your hand; deal with insurance companies; and, make sure that you and your family are protected against further loss.

Freeburn Law has 12 offices located throughout Central Pennsylvania to better serve our clients. We can meet with you at one of our offices, at your home or hospital, at your convenience.

Call us today to learn how we can help you.

Freeburn Law
Your PA Accident Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-300-8005

Vehicle Accident

The Story of My Vehicle Accident

In 2009, I was hurt in a vehicle accident, when a man rear-ended my pickup truck on a highway in northern Pennsylvania. My shoulder's rotator cuff was torn and other related injuries from this accident prevented me from raising my arm beyond my chest height for months. I required medical attention immediately, and right off the bat, the medical bills were into the thousands of dollars, and they steadily climbed. I knew I could easily be responsible for paying the ever-increasing medical bills, unless I had legal representation protecting my interests and representing my side of the story.

Moreover, the odd circumstances of the accident bothered me, and I could not shake the feeling that something other than the other driver's simple mistake caused it. Despite the fact that Pennsylvania law automatically assigns fault in a vehicle accident to any driver who hits a vehicle from behind, it is also a fact than any circumstance can be twisted into a story placing fault, or blame, on the driver in the front. Although I was the driver in the front, minding my own business, driving the speed limit, and I was rear-ended, I did not want to take any chances with the insurance companies, who are known for looking out for their own interests first and foremost.

I knew I needed a lawyer, someone who was experienced representing those involved in a vehicle accident.

Well did I recall the fancy advertising of one of the region's biggest law firms dealing with accidents and personal injuries. They were on TV constantly, touting their record, they had billboards, and they have a large prominent office I   frequently drove past. So, I made an appointment with that firm, met with an attorney there, "Moe," read and then signed a representation agreement, and filled out a report detailing my vehicle accident, as I recalled it.

The attorney, Moe, advised me that for a number of reasons, this was not a "big case," and that I should not expect to receive much more compensation than just having my medical bills paid. Maybe at most I would receive a few thousand dollars beyond the costs incurred. That was fine with me, as I simply wanted to avoid being responsible for what I suspected would be tens of thousands of dollars of my own medical bills, let alone other costs that might arise, such as vehicle damage.

Over the following year, Moe followed standard procedure that most attorneys can practically do in their sleep. He called and wrote the other driver's insurance company, explaining our cause, and asking for a resolution that favored my interests. . The other driver's insurance company assigned an adjuster to the case, but she rarely called Moe back, and when they did speak, she was highly resistant to any settlement in my favor. In fact, she blamed me for the accident. Moe assured me that this was common practice, and that despite the adjuster's inflexibility, she would eventually relent and settle she would eventually relent and settle any case we might have brought in court against her client, the other driver.

Moe's casual cat and mouse game with the adjuster continued without anything to show for it until a month shy of the statute of limitations. Without a lawsuit, it was simple deadlock, a stand-off between the insurance companies with me in the middle. The day before the statute ran out, Moe filed a lawsuit. Right down to the wire we went, which caused me a great deal of anxiety.

Months ticked by and still nothing happened other that a formal exchange of legal notices between the parties, now that the lawsuit had been files. My medical work and rehabilitation continued unabated since the accident, and despite Moe's early assertion that this was a minor case, it turned out that my shoulder and back were not healing. Surgery was needed.

That was the final straw for me. I notified Mo that he was being terminated, and he responded with a nasty email assure me that it was the right thing from his perspective, too.

Dick Freeburn then took me on as a client, and immediately his approach was completely different. Dick was methodical, analytical, careful, and diligent. He pored over all the records, rebuilding the case from the ground up, from its beginning. Based on his reading of the circumstances of the accident, Dick decided to depose me and the other driver, something that Moe had never done.

By deposing the other driver, Dick learned that he had, in fact, deliberately caused the accident. The driver was actually defiant and proud of his reckless behavior. His attorney, believed that the statute of limitations prevented the deposition from being introduced into the lawsuit.

But Dick argued that the statute of limitations did not apply. The judge agreed with Dick, and after several months of failed appeals by the driver's attorney, the damning deposition was accepted into the record.

And because of the demonstrably, admittedly reckless behavior of the other driver, Dick was able to successfully petition the court for the addition of punitive damages. Needless to say, the once-silent adjuster was suddenly in full communication with Dick Freeburn.

After a month of back-and-forth, we settled with the other driver's insurance company. They covered all of my medical bills, well into the many tens of thousands of dollars, as well as lost time from my job, pain, and suffering, and vehicle damage. We ended up receiving many, many, many, many, many (yes that many "manys") times more money that Moe had originally predicted would be our best case scenario, years before.

Dick Freeburn did an exemplary job. He read the case facts carefully, he followed standard legal procedures, he put his client first and ahead of his own expectation of financial reward, all in contrast to the approach Moe had taken. As a result, with Dick Freeburn in charge my case was fairly settled in a matter of months, I owed no money for medical bills or vehicle damage, and justice was served. I cannot say enough how impressed I am with Mr. Freeburn.

As a personal note, I want to say that Dick Freeburn was always pleasant and friendly to deal with. He never rushed me, never made me feel like my case was insignificant, never said disparaging things about my case, and was utterly professional. He simply made me feel like I was getting the best legal representation possible, and the value of that was well beyond any money received as a result of his work.

by, Josh