Accident Attorney Law Blog

Lehigh County Boy Victim of Pedestrian Accident

2011-06-21T09:42:00.001-04:00

Early this June, a six year old boy was hit while trying to cross the street in Lower Macungie Township. Residents have cited the lack of a much-needed traffic light, as well as signs designating the area as a school zone, large reasons why the accident has occurred. Bicyclists also do not seem to be following the rules of the road in that area, leading to unnecessary accidents and confusion.

Unfortunately, pedestrian accidents are not as uncommon as you might think, especially in the summer when children and their families are spending much more time outside. The warm weather and longer days also lead to an increase in reckless and distracted driving, which can result in many more motor vehicle accidents. If you or a family member has been injured as a result of a pedestrian accident and would like a free consultation with Attorney Stoehr, please contact our law office.

Many PA Trucks and Drivers Placed Out of Service Due to Safety Initiative

2011-06-20T09:43:00.000-04:00

A recent press release by the Pennsylvania State Police reported on the results of Operation SAFE—a statewide police task force assigned to examine seat belt use and driver fatigue in commercial truck drivers over a single day in early June. The research resulted in the removal of over 100 trucks and the suspension of over 70 drivers due to safety issues. Additionally, an overwhelming 51% of trucks failed inspection of federal motor carrier safety regulations. Many of the drivers removed from service by the state police were done so because of their driving logs, which showed an overload of hours prohibited by federal and state standards. This overload of hours leads to driver fatigue, a significant cause of accidents on PA highways.

Driver fatigue is one of the major causes of truck accidents on PA’s major highways. Fatigue often leads to distractibility, an inability to focus, and a lack of alertness that leads to serious and potentially deadly accidents with lasting injuries. If you feel that you have been wrongly injured due to a truck accident, please contact our law office for a consultation at no cost to you. Attorney Doug Stoehr would be happy to meet with you to discuss legal action pertaining to your truck accident.

Distracted Driving Bill Passes

2011-06-17T09:40:00.000-04:00

Early this week, a bill passed in the Pennsylvania State Senate that banned the practice of texting on a cell phone while driving. Texting while driving will now be considered a primary offense that comes with a fine of $100. Additionally, talking on your cell phone and driving is also banned; however, this will not be considered a primary offense. The use of hands-free devices, such as Bluetooth, is allowed for experienced drivers, but not those who hold a learner’s permit or a junior driver’s license.

Distracted driving is one of the major causes of motor vehicle accidents, especially with young and inexperienced drivers. Distracted drivers may also swerve off the road, hitting stop signs, telephone poles, and most seriously, other people walking or biking. If you feel that you have been wrongly injured due to an accident with a distracted driver, please contact our law office for a consultation at no cost to you.

Pennsylvania Ranks #6 In Dog Attacks

2011-06-15T09:10:00.000-04:00

A recent press release by State Farm Insurance ranks Pennsylvania number 6 in the country for the number of dog attack claims in 2010, with 155 claims. The press released also stated that roughly 60% of the claims were against children under the age of 12; children also accounted for 20 of 33 total fatalities handled by State Farm. In 2009, it was estimated that insurers paid $412 million as a result of dog bite claims.

This law office has handled several dog bite claims in the Altoona area, mostly for child victims. Unfortunately, children are more susceptible to dog attacks because they are more likely to approach a dog that adults may deem unsafe. They are also smaller, so the same size dog does significantly more damage on a child that cannot protect him or herself than they might do to an average adult. In addition to significant physical damage, dog attacks can lead to lasting and pervasive psychological stress, especially in very young children. Children may become scared by other animals in the future, including their previously loved household pets. They may also have difficulty sleeping, working in school, interacting with friends and family, and may become withdrawn and anxious.

Some cities and housing developments have banned certain breeds of dogs from residing on their premises, including pit bulls and rottweilers, or make the owners of the pets put up higher fences, purchase additional liability insurance, or muzzle the dog in public. Currently, the city of Altoona has no law against having certain dog breeds as pets.

If you feel that you or a family member have been wrongly hurt as a result of a dog attack, please contact our office for a consultation at no cost to you. We will be happy to review your claim.

Changes Affecting Teenage Drivers in PA

2011-06-14T09:18:00.000-04:00

The Pennsylvania House of Representatives recently passed a bill that would result in changes to how Pennsylvania teenagers use their learning permits and would increase the requirements to receive a junior license. Currently, a PA driving permit requires 50 practice hours; this bill increased that number to 65 hours, with 10 hours of nighttime driving and 5 hours of driving in inclement weather. In addition to an increase in driving hours, this bill would also make not wearing your seatbelt a primary offense. This means that junior drivers can be pulled over for not wearing their seatbelt, even if no other offense has occurred (such as running a red light, speeding, or running a stop sign). This is also likely helping to promote Pennsylvania’s “Click it or Ticket” campaign, encouraging drivers to wear their seatbelts on the road or face additional fines if pulled over for another offense while not wearing their seatbelt. This bill has passed and will now move on to the state senate for consideration.

Inexperienced driving is a major component in many motor vehicle accidents. Teenage drivers are arguably the most likely group to cause a car accident, due to a lack of experience, a tendency to talk on their cell phones and text while driving, and distractibility by other friends in their vehicle. Our law office hopes that the additional practice hours for permit holders will lead to a decrease in accidents and will result in more responsible and experienced teenage drivers.

If you feel that you have been wrongly hurt in a motor vehicle accident, please contact our office for a consultation at no cost to you. We will be happy to review your claim.

Beware Fatigued Drivers!

2011-06-13T14:15:00.000-04:00

Fatigued drivers are becoming an increasingly common problem on major highways and interstates. A recent article by the Pittsburgh Tribune-Review highlighted a problem with Pennsylvania charter bus companies shuttling passengers on day or overnight trips. The article stated that many drivers are driving over the legal cap of 10 hours, and are not taking 8 hours off between driving sessions. Unfortunately, these drivers become fatigued and can cause fatal accidents, injuring or killing themselves and their passengers. This is also a common problem among semi-truck drivers. According to the Washington, DC-based Advocates for Highway Safety, semi-truck drivers are involved in multi-vehicle crashes at almost two times the rate of passenger vehicles. Many times, truck drivers feel pressured to make deadlines and rack up as many miles as possible to increase their paycheck, and their focus on the road suffers as a result.

Our law firm has seen several serious accidents involving truck drivers colliding with cars as a result of driver fatigue, leading to severe injuries. While you may be responsible, safe, and focused on the road, this does not mean that everyone you are sharing the road with is as well. Defensive driving is especially important on truck-heavy roads and highways. If you have been in a truck accident caused by a semi-truck or charter bus driver and have suffered significant personal injuries, please contact our office for a free consultation.

June is Elder Abuse Awareness Month

2011-06-10T14:12:00.000-04:00

Elder abuse is a topic that should be addressed throughout the year, but June is an especially important month to remember and work to prevent elder abuse. Many people do not fully understand what elder abuse is, and limit it to physical abuse or neglect, but elder abuse can actually take many different forms. This type of abuse can include physical harm, such as striking another person, neglecting to feed or give proper medication, or not aiding in mobility to prevent injury, such as bedsores. It can also include emotional abuse, such as threatening, taunting, belittling, or humiliating, and sexual abuse. Another common form of elder abuse is financial exploitation. The elderly are one of the most susceptible groups to be financially taken advantage of, such as by use of their personal checks, credit cards, and bank accounts without knowledge, forging their signature, or by identity theft. Common signs of elder abuse include unexplained bruising or injury, bedsores, unusual bank transactions, unsanitary living conditions, and noticeable tension between the caregiver and the patient. For more information on elder abuse, please contact our law office or visit the National Center for Elder Abuse.

Attorney Stoehr deals with elder abuse in both nursing homes and hospitals. If you suspect that your loved one has been mistreated or neglected by caregivers in a hospital or a nursing home, please contact our law office for a consultation to discuss possible action on your claim.

Sharing the Road: Hazards for Summertime Recreation

2011-06-09T09:51:00.000-04:00

Recently, two bicyclists in downtown Pittsburgh were struck by an SUV that hit the two men and continued driving. The two Children’s Hospital doctors suffered serious injuries, including a concussion, facial fractures, and a broken leg, hip, shoulder, and arm. This accident is an example of what can happen when bicyclists and vehicles do not share the road in a responsible and safe manner.

As the summer begins and the weather improves, many people will gravitate outside to run, bike, walk, and spend time with their families. Although this can provide an excellent outlet for fun and recreation, it can also lead to potential bicycle and pedestrian accidents. When driving this summer, be alert for pedestrians and bicyclists on the road, especially small children that may not be easily seen. By being alert and considerate and sharing the road, you will avoid serious injuries and complications to those around you. If you plan to bike or run this summer, wear bright colors and make sure that you give appropriate and clear turning signals with your arms so that drivers know when and where you intend to turn.

Attorney Douglas V. Stoehr works with clients who have been injured in pedestrian and bicycle accidents. If you would like a consultation regarding your personal injury, please contact our law office.

Helmet Laws May Change in Coming Months

2011-06-08T10:36:00.000-04:00

A n ew piece of legislation by State Representative Dan Frankel (D) is working to reverse a 2003 law that allows motorcycle riders over 21 to ride without a helmet, given that they completed an official motorcycle safety course sanctioned by the state. This new piece of legislation would require that all riders, regardless of age, be required to wear a helmet while riding their motorcycle. In addition to this bill, two other bills relating to motorcycle use were also addressed—one proposing that motorcyclists who do not wear a helmet will have to purchase additional insurance, and another that would require different license plates for motorcycle riders under 21 years old. The Pennsylvania State House of Representatives will be reconvening in June to discuss new legislation, and this piece will most likely be discussed among the other bills.

Wearing a helmet is a common safety procedure that this law office feels should be followed at all times to protect yourself, whether you are on a bicycle or a motorcycle. However, we recognize that, at this time, mandatory helmet laws for those over 21 are not yet in effect. We also strongly feel that motorcyclists, cars, and bicyclists should share the road in a responsible and respectful manner. If you are a motorcyclist who has been wrongfully injured in a motor vehicle accident and may suffer from a spinal cord, brain, or other serious injury, please contact our law office for a consultation at no cost to you.

Bill To Protect PA Residents Against Dependent-Care Abuse

2011-06-07T09:55:00.000-04:00

A recent bill successfully passed in Pennsylvania’s House of Representatives that would act to amend PA’s Crime Code to include protection from abuse by caretakers of care-dependent citizens. This bill works to explain what caregiver abuse would consist of, including failure to provide goods, services, and treatments, as well as actual physical or mental abuse. The law as it stands now only protects against physical harm. The bill will now move on to the State Senate to be voted on in the coming weeks. Bill 1053 was drafted as a result of a series of elder abuse incidents involving personal care homes in Palmyra, PA.

Care-dependent citizens, such as the elderly and mentally disabled, have been subject to an increasing amount of abuse and neglect in the past years. Sadly, abuse and neglect can occur for weeks, months, or years before family members or friends really comprehend or realize what is happening. This new bill will hopefully prevent some of these instances from occurring, and work to clearly define what caregiver abuse consists of and what the punishments will be for that offense.

Attorney Stoehr has successfully negotiated claims involving elder abuse and neglect, most often in nursing homes. If you would like to set up a consultation at no cost to you to discuss your possible claim, please contact his office.

Hope For Those With Severe Spinal Cord Injuries

2011-06-06T09:44:00.004-04:00

Disabled people who suffer from severe spinal cord injuries that make them incapable of breathing on their own may see a big development in medical technology coming their way. Doctors at Thomas Jefferson University Hospital have successfully tested and implemented a new implant that will allow quadriplegic patients to breathe without the assistance of a ventilator. The doctors in charge of this new development liken the new implant to a pacemaker, which stimulates muscle activity in the diaphragm. This new device is also expected to reduce the risk of infection, such as ventilator-associated pneumonia (VAP), which was a significant problem with ventilators.

Researchers across the country are also developing treatments to rehabilitate paralyzed patients and, hopefully, help them walk again. The Wall Street Journal recently reported on collaborative research with universities and foundations across America that resulted in a paralyzed man regaining some movement and feeling in previously immobile parts of his body. By combining the use of electrical stimulation from an implant on his spinal cord and large amounts of physical therapy, the patient can now stand and move parts of his legs after only a few days of the treatment. This exciting new development will hopefully continue to aid in fully rehabilitating some forms of paralysis.

Unfortunately, significant brain and spinal cord injuries are not uncommon as a result of a motor vehicle accident, pedestrian accident, bicycle accident, or a slip-and-fall accident. Brain and spinal cord injuries are often complicated to treat and diagnose, and are unarguably frightening and difficult to deal with from the patient’s perspective. If the injury occurred due to the negligence of another, it is also difficult to find a lawyer with both knowledge and compassion about significant neurological injuries. Attorney Stoehr has experiencing handling cases involving these types of injuries and has received favorable outcomes. If you are looking for more information regarding a claim pertaining to spinal cord or brain injuries or would like to schedule a consultation, please contact our law office.

Elder Abuse on the Rise in Pennsylvania

2011-06-03T09:57:00.003-04:00

Two recent occurrences across the state have put the spotlight on elder neglect and abuse in Pennsylvania. Unfortunately, this is an issue that Attorney Stoehr faces frequently with his clients and their families in the aftermath of serious injury or neglect in nursing homes and hospitals.

Quadrangle, a Delaware County nursing home, has recently lost its operating license after three workers were arrested for abusing and taunting a 78-year-old patient suffering from dementia. This is not the first time that this particular nursing home has had complaints of neglect; past occurrences have included paint ingestion by a patient in the dementia unit, as well as ingestion of an antibacterial product by another patient. Quadrangle may continue to work while it faces the appeals process. As unbelievable as this situation sounds, these kinds of situations are not uncommon in nursing homes that are understaffed or whose workers lack proper training or knowledge of emergency procedures.

Franklin County also has its share of elder abuse issues; they have reported a fourfold increase in elder abuse complaints within the last four years alone. Franklin County Area Agency on Aging has stated that they handled about 40 cases in 2007; contrast that number with their 2010 report of more than 120 cases and it’s easy to see how prevalent the problem is becoming. The agency has three broad categories in which it investigates cases—financial exploitation, abuse (physical, mental, and sexual), and neglect—which also extends to situations in nursing homes.

Pennsylvania ranks high among states for the percentage of elderly population, which is why it is so important to advocate for the rights of the elderly in situations of injury or neglect. Attorney Stoehr is familiar with, and has successfully resolved claims involving nursing home abuse and neglect. If you believe that you or a loved one has been a victim of nursing home abuse or neglect, please contact our law office for a consultation.

Pennsylvania Considering No-Texting Legislation

2011-06-02T09:27:00.001-04:00

An increase in motor vehicle accidents due to texting while driving is prompting Pennsylvania politicians to introduce legislature that would make the practice illegal and possibly a primary offense. If texting while driving is made a primary offense, this allows police officers to stop a vehicle and ticket the driver if he or she is seen texting, even if no other offense has occurred (such as speeding or running a stop sign). If Pennsylvania makes this practice illegal, it will join 32 other states that have done the same, including 13 within the past year.

When this possible ban reached the House floor, an amendment was passed to include cell phone usage while driving as another primary offense. Due to this amendment, the bill was sent back to the Appropriations Committee, where it will be reviewed until it is ready to be readmitted to the House floor for voting. The PA Turnpike reported that 200 accidents were caused in 2010 by texting while driving, a significant number that many fear will rise if this bill does not pass.

At the Law Offices of Attorney Douglas Stoehr, we feel strongly that texting while driving creates distracted, unfocused drivers that are a potential danger to all other vehicles that share the road with them. Texting while driving is a significant cause of motor vehicle accidents. Further, although cell phone usage is presently not in violation of the Motor Vehicle Code, a defendant driver may still be negligent and therefore be responsible for your civil damages.

Although cell phone usage while driving is more understandable in certain circumstances, we encourage drivers to be completely focused on the road and only use their cell phone when absolutely necessary. If possible, stopping by the side of the road or in a parking lot while using your phone is a much safer and more responsible option than dialing and talking to another person while driving.

If you feel that you have been injured due to a distracted driver that was on their cell phone or texting while driving, please contact our office for a consultation.

Safe Driving Over Holiday Weekends

2011-06-01T10:34:00.005-04:00

A recent news article by the Pittsburgh Post-Gazette reported that there were a large number of accidents on Pennsylvania highways over Memorial Day weekend, killing 13 people and injuring 294 others. In addition to the increase in accidents and injuries, there were 357 DUI arrests and 7,934 speeding tickets.

We cannot stress to you enough how important it is to remain safe and alert while driving during periods of increased motor activity, especially summer holiday periods like Memorial Day, 4^th of July, and Labor Day. Motor vehicle accidents, bicycle accidents, and pedestrian accidents can be easily prevented with a few simple, common-sense tips:

1) BE ALERT. Do not drive while fatigued.

2) BE FOCUSED. Do not be distracted by others in the car, do not use your cell phone while driving, and especially do not text while driving.

3) BE DEFENSIVE. While you may be a responsible and respectful driver, this does not mean that everyone you are sharing the road with is also a good driver. Be alert for aggressive drivers, those who frequently switch lanes or swerve, or those who are tailgating others.

4) BE SAFE. Always wear your seatbelt. In 5 of the 13 deaths recorded this weekend, the victim was not wearing their seatbelt. Additionally, do not consume alcohol before driving or get into a car with a driver who has been drinking. 83 of the 808 crashes this weekend involved alcohol.

Douglas V. Stoehr works with clients who have been injured in motor vehicle, pedestrian, and bicycle accidents. If you feel that you have been wrongly hurt in an accident, please contact our office for a free consultation. Safe driving and here’s to the start of long-overdue warm weather and a great summer!

Pain Management for Back Pain

2010-02-05T09:56:00.005-05:00

It is very likely that you or someone you know has suffered from back pain. There are many causes of back pain including traumatic injuries. Douglas V. Stoehr represents individuals who have suffered back injuries through the fault or carelessness of another individual. Back pain can develop because of car accidents, pedestrian accidents, construction accidents, and slip and falls. In fact, I have represented several people who have sustained back injuries while residing in a nursing home.

Back pain does not necessarily mean you need back surgery. There are a variety of techniques known as "interventional pain management techniques" which can provide effective and minimally invasive relief for these back injuries.

The type of treatment any given patient receives depends upon several factors including the location of pain, chronicity and age of patient. The following are some of the better-known intervention methods for treatment of back pain:

Trigger Point and Facet Injections: Trigger point injections are singular injections into painful muscles and facet joint injections involves an injection into the actual facet joint which can be done in the lower back and, at times, the shoulder blades.

Medial Branch Nerve Blocks: This is an injection of sorts which is typically done if the facet joint injection is unsuccessful. This injection temporarily blocks the nerve and is a diagnostic tool for the physician to determine the exact location of your pain.
Radiofrequency Ablation: The end of the nerve in the low back is literally burned away to prevent it from sending pain signals to the brain.

Epidural Steroid Injections: These injections use an anesthetic and steroid medication which is injected into the epidural space (you may receive this type of injection if you suffer from sciatica).

Intradiscal Electrothermal Therapy: This involves heating up a disc when the disc itself is causing pain. That is, the pain is not caused by the disc compressing a nerve but, rather, the disc itself is causing pain.

Percutaneous Vertebroplasty: This treatment focuses on the fracture that can be a warning sign of osteoporosis. The doctor injects cement into the central vertebral body so that it won’t move and cause pain any more. This procedure can help eliminate the need for back surgery.

Spinal Cord Stimulation: This is one of the last stops for someone suffering from back pain who has not experienced any relief from other treatments. The goal is to send electrical impulses to block pain from being perceived in the brain. Technically, this is a surgical procedure because the stimulator needs to be implanted in the body. However, there is no surgery done to any of the lumbar discs.

Douglas V. Stoehr works with physicians who provide interventional pain management treatment. Contact our office if you would like a referral or simply want to discuss your chronic pain symptoms. We wish you much relief from your back pain!

Attorney Doug Stoehr

COVERAGE CONFUSION> underinsured and Uninsured Motorist's Coverage

2010-01-20T15:53:00.008-05:00

One of the most important yet confusing coverage decisions that one must make in deciding what might be the most beneficial automobile insurance coverage to purchase in Pennsylvania involves the issues of how much underinsured and uninsured motorist coverages should be purchased to protect you and your family. Remember that most importantly, uninsured and underinsured motorists coverages serve to protect you and your family if injured by the carelessness of another driver. These coverages, as their names indicate, come into play when the at-fault driver is uninsured or underinsured such that their liability coverage is not sufficient to compensate you for your full recoverable wage loss, medical expenses, pain and suffering and loss of enjoyment of life's pleasures. Unfortunately, some people drive without insurance coverage in Pennsylvania and others drive with only the minimum required liabilty coverage of $15,000.00 per person, $30,000.00 per accident. Should you become seriously injured as a result of the carelessness of someone uninsured or underinsured with minimal or inadequate limits of liability insurance, your injuries and losses could go uncompensated unless you have first adequately protected yourself through the purchase of substantial uninsured and underinsured motorists coverages. These coverages are relatively inexpensive compared to the cost of liability coverage, and there are ways to balance out the cost of purchasing sufficient liability coverage to protect others with the cost of uninsured and underinsured motorists coverages that you purchase in order to protect yourself. The lack of appropriate uninsured and underinsured motorist coverages can have a very catastrophic and regrettable impact upon your financial welfare and security if you find yourself seriously injured in a car collision and inadequately insured with these types of coverages. Should you wish to discuss your automobile coverage limits with knowledgable and experienced attorneys who have nothing to gain other than your thanks from suggesting that you may not be adequately protected, please feel free to contact Doug Stoehr.

WHAT IS A PATIENT NAVIGATOR

2009-12-17T16:18:00.004-05:00

Patient Navigators are specially trained healthcare workers who provide services and support for the ill and aging. This concept was originally created to assist with the poor, uninsured, and those with low literacy levels. It is my understanding that it then developed to assist those suffering from cancer. Now Patient Navigators can help anyone.

Patient Navigators help people "navigate" the maze of doctor's visits, diagnostic testing, visits to the hospital, outpatient centers, insurance and payment issues, and other components of healthcare. For example, a patient navigator may coordinate your doctors' visits, maintain telephone contact between you and your physicians, arrange for transportation and assist with insurance paperwork. Patient Navigators are former nurses, social workers, or community health workers.

Admittedly, I only recently learned of this service. However, it makes sense: conceivably millions of people are not adept at all of the issues one faces in today's healthcare world. For example, one may be undaunted at arranging his or her medical appointments, but becomes easily flustered dealing with insurance or Medicare paperwork. Another individual may be in a nursing home and needs transportation. Yet many others do not know what to ask their doctor during a visit and even become embarrassed, feeling that they are taking up too much time of their physician.

If you feel that this type of service can help you, but do not know where to turn, I would simply Google the phrase "Patient Navigator" to learn more. I also became aware of a particular website which may be helpful: http://www.patientnavigator.com/. While I cannot vouch for this website, it may be a good place to start.

Attorney Doug Stoehr is interested in healthcare problems and is concerned about individuals who become injured through no fault of their own. Contact our office if you should have any questions or concerns.

Attorney Doug Stoehr

What is a problem with tort reform in the medical malpractice arena? Part II

2009-12-12T00:06:00.005-05:00

In an op-ed in the New York Daily News (12/5), New York State Bar Association President Michael Getnick wrote, "Lawyers and lawsuits have been attacked politically for years, but in reality, civil lawsuits shine a spotlight on wrongdoing, call the offenders to account, deter future misbehavior and provide justice for people who have been hurt. Repeated studies have shown that approximately 100,000 people die each year due to medical malpractice in our nation's hospitals." Getnick argues, "Anyone who wants to reduce the number of lawsuits should focus on reducing the type of negligent behavior that harms people and causes them to sue".

Attorney Douglas V. Stoehr seeks justice for our injured clients, not political correctness according to some insurance companies idea of that concept. In doing so, we professionally and diligently represent honest individuals in their unfortunate injury claims resulting from the careless acts of others. When you come to us for help, you can expect integrity on our part, respect and dedication to your cause.

What is a problem with tort reform in the medical malpractice arena?

2009-12-11T23:39:00.008-05:00

In a December 6 article in the St. Louis Post-Dispatch, it was reported that "Next month, the Missouri Supreme Court will hear arguments" in a case challenging the state's cap on jury damage awards. "There and in Illinois' highest court, judges ultimately will rule on an issue that pits doctors and businesses against lawyers and advocates for victims." Medical malpractice attorneys say that the state's $350,000 cap is "bad for consumers...because it means that people...will have a hard time finding a lawyer willing to take their cases".
-Placing caps on jury damage awards merely injures the victim a second time.
-Attorney Douglas V. Stoehr believes that the best way to control medical malpractice is to develop medical practices that reduce or prevent medical errors and malpractice that carelessly cost tens of thousands of lives each year.

Pain Management Resources

2009-12-04T08:38:00.002-05:00

Recently I posted a blog about suffering from chronic pain. I have located some pain management resources which I would like to share with you. These are pain advocacy and support groups. They are as follows:

American Diabetes Association - www.diabetes.org

American Fibromyalgia Syndrome Association - www.afsafund.org

American Geriatrics Society - www.americangeriatricssociety.org

American RSDHope - www.RSDHope.org

American Society of Law, Medicine and Ethics - www.aslme.org

Amputee Coalition of America - www.amputee-coalition.org

Arthritis Foundation - www.arthritis.org

Association of Oncology Social Work - www.aosw.org

Band Against MS-Clay Walker - www.bandagainstms.org

Consortium for Citizens with Disabilities - www.c-c-d.org

Dia de la Mujer Latina, Inc. - www.diadelmujerlatina.org

Disability Advocates of America - www.disability-advocate.com

Disabled American Veterans - www.dav.org

Ehler-Danlos National Foundation (connective tissue disorder) - www.ednf.org

For Grace - www.forgrace.org

Lupus Foundation of America, Inc. - www.lupus.org

Myasthenia Gravis Foundation of America - www.myasthenia.org

National Fibromyalgia Association - www.fmaware.org

National Association of Area Agencies on Aging - www.n4a.org

National Headache Association - www.headaches.org

The National Migraine Association - www.migraines.org

National Multiple Sclerosis Society - www.nationalmssociety.org

National Organization for Rare Disorders - www.rarediseases.org

National Palliative Care Research Center - www.nprc.org

National Stroke Association - www.stroke.org

National Womens Health Resource Center - www.healthywomen;org

Patient Advocate Foundation - www.patientadvocate.org

Reflex Sympathetic Dystrophy Syndrome Association - www.rsds.org

Sickle Cell Disease - www.sicklecelldisease.org

United States Bone and Joint Decade - www.usbjd.org

At Stoehr & Smith, LLC, we are interested in issues regarding pain and pain management. Feel free to contact our office if you would like to discuss any pain problem brought about because of an accident or injury.

Attorney Doug Stoehr

WARNING: SOCIAL NETWORKING CAN BE HARMFUL TO YOUR CLAIM

2009-11-24T14:35:00.013-05:00

IN EARLY OCTOBER of this year, CareerBuilder.com published an article written by Editor Kate Lorenz entitled "Warning: Social Networking Can Be Harmful to Your Job Search". This article started out with the following anecdote and statistics pertaining to careless social networking posts:

That cute, affable guy who brags of his drunken exploits on FaceBook.com may be meeting a lot of other partiers online, but he's probably not getting added to the "friends" lists of many corporate recruiters. A recent study by the executive search firm ExecuNet found that 77 percent of recruiters run searches of candidates on the Web to screen applicants; 35 percent of these same recruiters say they've eliminated a candidate based on the information they uncovered.

This same warning applies as seriously and with as potentially dangerous consequences to personal injury claims. Over the course of the last few years, numerous insurance adjusters to whom I have spoken have come up with information on individuals involved in some capacity on injury claims (usually parties or witnesses) that I would have never expected them to know in the past and which has prompted me to ask "HOW IN THE WORLD DO YOU KNOW THAT?". Increasingly I discover that they have found out information that discredits someone's story or potentially lessens their credibility from public posts that are found on social networks such as My Space, Facebook, Twitter and the numerous other sites where we can be lulled into a false sense of privacy or security. I am now CONVINCED that most if not all insurance companies are scanning social network posts in order to see whether there might be something available to use in discrediting (often times unfairly) someone who is asserting a personal injury claim. NOW is the recommended time to recognize that everything placed on these social networking sites is really PUBLIC.

EVEN IF you try to protect your sites from what my kids call "creepers" (those persons trying to look into your site content for the purpose of either being nosey or to possibly use the content against you) by setting the security on private so that only your "friends" can see everything, please remember that any so-called friend can use what you have made private to turn it into something public for the world to see. Therefore, for example, innocent comments made on a social network by someone who has been injured that pertain to involvement or participation in physical endeavors, even if you are innocently watching, can be taken out of context and used to give rise to questions about whether the speaker has in fact been injured to the extent claimed or whether their injuries really prevent them from doing what they are actually unable to do. I believe that most injured people would prefer to put a positive spin on things and let on to their acquaintances that they are doing better than how they are actually doing. It is human nature for most people to not want to be perceived as a whiner, so one with a "tough it out attitude" might instead err on overstating what they are able to do or not accurately detailing all of what they are not able to do. I am not being critical of a "tough it out attitude"; instead I am only waiving a big warning about how this attitude can get an injured victim in trouble if he publishes an overly favorable account of his condition on a social network post.

BEST PRACTICE: keep the facts of your claim and your medical condition off of the internet and out of social network posts. KEEP YOUR INJURY CLAIM PRIVATE AMONG ONLY YOU AND YOUR DOCTORS, ATTORNEY AND TRUSTED LOVED ONES....no one else. Too much can be twisted and distorted too easily when it comes to the use of social networking posts, thereby making social networking about your personal injury claim or about your endeavors during the pendency of your personal injury claim as dangerous as the indiscriminate job searcher who posts things that are most distasteful to future employers.

At Stoehr & Smith, LLC, it is our pledge to protect your privacy WHILE PROTECTING YOUR RIGHTS WHEN REPRESENTING YOU IN A PERSONAL INJURY CLAIM, so as to work toward concluding your claim in A MOST FAVORABLE MANNER that gives credit to the truth and accuracy of the consequences of your injuries and damages!

Attorney Nat Smith natsmith@stoehrsmithlaw.com

What can I say to the therapist or nurse if my case is in litigation?

2009-11-16T14:59:00.004-05:00

When you treat for your accident-related injuries the nurse at your doctor's office will often meet with you before you see the physician or physician assistant. Typically the nurse is acquiring updated information from you regarding your limitations and restrictions and pain level from the injury. The same is also true for the physical therapist. In fact, you are probably seeing the therapist 2-3 times per week if this is what your doctor has prescribed. It is easy to become friendly with the nurse and, in particular, the physical therapist. After all, they chose careers in the healthcare field so that we can assume that they do care about your medical condition.

Despite the above, you must be careful how you choose your words. For example, you were hurt in an automobile accident 5 months ago. Recently you experienced a weekend of less pain than typical. However, you know that you are far from being healed. Yet the therapist asks you on Monday morning about your weekend. You said that you felt better with less pain, merely being forthright and trying to keep a positive attitude. However, the therapist records in your notes "Patient improved, less pain, reports that his weekend went well. Will continue with modalities. Expect full improvement." Obviously you did say you were feeling better but you were only making a comparison of the past weekend to the previous five months. You certainly did not mean to imply that all was better with your injury. However, someone reading this note could certainly infer this, especially a claims adjuster or insurance defense attorney.

Here are some tips if you are treating regularly for your accident-related injuries:

1. Always be HONEST. Never exaggerate any complaints of pain yet do not minimize your complaints, either. For example, if you say something such as "Oh, I guess I am doing better," this will be interpreted to mean that you are literally improving. In reality, you may be hurting more than ever but you do not want to be a complainer. Go ahead and complain but, just do not exaggerate.

2. Be careful of developing a friendship with your therapist or nurse. This may cause you to become too comfortable with what you say. For example, you may casually say that you watched the football game on Sunday with some friends and had a couple of beers. However, it is likely that your medical record will state "Patient reports no change in her condition. Drank beer over the weekend." Although there may be nothing wrong with enjoying a brew, do you really want this in your medical records?

3. The goal of the healthcare professional is to help you improve. This is admirable, we want this from our healthcare professionals. However, an overzealous healthcare professional may use any opportunity to increase his batting average. Thus, unless you truly are improving and have no doubt that you will be 100%, do not give anyone ammunition to state in your records you are healed if this is not accurate.

Simply put, it may be better to state "I see some improvement but not enough" or "I still hurt a lot but the last couple of days seem somewhat better," if this is actually the case. Remember, your words will be recorded literally and, at times, stated inaccurately. Thus, like all of life's situations, be careful what you say and how you say it. If you are careful, you will not have to worry about something being taken out of its proper context. Attorney Doug Stoehr

Who is the most important person in health care reform: YOU!

2009-11-10T09:52:00.005-05:00

You should not be surprised that YOU are the most important person in the debate on health care reform. However, I am also one of the most important persons, along with my neighbors, the persons with whom I work, the students in my children's schools and their parents, teachers and professors, the individuals who go to work to earn a living, the people who cannot work, the brave persons who fight for our country abroad and the people who should be appreciated for protecting us and providing services to us in our home towns. We are all the persons who could due to one quick and unexpected mishap or as a result of illness become patients requiring medical care from medical providers whom we hope are skilled, concerned, experienced and unimpaired in any manner. While the insurance companies and other big business interests, and those that represent them such as the Chamber of Commerce and other interest groups are definitely voices in the debate, they seem to be focused more on profits than people. We need to let our legislators know that WE are the most important persons in the debate on health care reform; many of them do not seem to understand that truth. Please click on the purple link to watch the following video of Congressman Bruce Brawley of Iowa as he discusses "the most critical aspect of true medical health care reform" which is STANDING UP FOR PATIENTS!
At Stoehr and Smith,LLC. we can provide free advice and help if you believe that a family member or acquaintance has been the victim of carelessness or negligence while a patient in a nursing home facility; please feel free to give us a CALL today.
Attorney Nat Smith

Helping the Chronically Ill Patient

2009-11-06T09:07:00.002-05:00

Many of us know someone who suffers from chronic pain. Chronic pain can be the result of a serious work-related injury, an automobile accident, or simply the aging process. For example, you may have a loved one who presently resides in a nursing home.

Although I am relatively young (51) I know the affects of chronic pain. I am a chronic pain sufferer. Unfortunately, this means that a part of my life is consumed by a medication schedule, visits to the doctor, therapy or another surgery.

Therefore, if you know someone who suffers from chronic pain, please improve your relationship by communicating better and being patient. Here are some ways to better understand the chronically ill patient:

1. When you take a moment to ask the sufferer how she is doing, find out how she is doing emotionally, not just physically. This makes the sufferer feel that you really do care. Somehow it makes the day more bearable.

2. Remember what it is like to suffer pain for a few days, even one day. Then think about the person who you know that suffers each and every day, if only for part of the day.

3. Remember the adage, do not criticize or be judgmental unless you have walked a mile in the other's shoes. If you keep this in mind and become patient, the sufferer really appreciates your interest and concern. However, be sincere. Those suffering with chronic pain can see through an insincere remark or gesture in a heartbeat.

4. Remember: The chronic sufferer did not choose to be in this position. The sufferer has been dealt a bad hand, so to speak. Chronic pain can be depressing, and at times, debilitating. At the very least, it is challenging. Therefore, take the time to better understand the condition or illness that the other suffers so you will better understand treatment options, therapies, and medications.

5. Speaking of medications, the chronically ill person is not an addict. Do not be judgmental or critical if the sufferer shares with you the types of medications she is taking. Remember, the medications, if properly prescribed, are helping the sufferer cope and get through the day.

6. Do not be embarrassed to ask, "Can I pray for you?" The sufferer will be very thankful for your offer, and it may be the first time someone has ever offered to pray for her.

Coping with chronic pain is very difficult. Do you best to understand, be patient, and learn more about the sufferer's condition. To learn more about the types of injuries for which we represent people at Stoehr & Smith, LLC, see our website at www.stoehrsmithlaw.com.

Attorney Doug Stoehr

PROTECT THOSE WHO CANNOT PROTECT THEMSELVES

2009-10-30T09:36:00.003-04:00

Our children are our greatest treasures. Of course, the younger they are the more they are dependant upon us for most everything. While the caring of parents never really ends, it usually requires the most detail and attention during the tender years of birth through preschool. Children at very young ages develop quickly from a state of helplessness to one of great curiosity. Fingers, feet and heads seem to have a tendency to find themselves in awkward and sometimes risky places. If you are planning on starting a family or if you are a grandparent with young children heading back into your care, please take the time to protect your infants and children from the household hazards that are a danger to them. A good reference to start learning about childproofing or child protecting or to refresh your past knowledge is found in the brochure produced by the Consumer Product Safety Commission that you can reference by clicking on the following link: http://www.cpsc.gov/cpscpub/pubs/252.pdf

Don't take shortcuts and don't make the mistake of favoring your convenience over your child's safety. Play it safe and protect your greatest treasures!
Nat Smith

The most famous case in American History---it might be the McDonald's coffee spill case

2009-10-28T11:36:00.010-04:00

The McDonald's coffee spill verdict caused quite a stir (no pun intended). The punitive damage verdict of almost $3,000,000, later reduced to $480,000, was fodder for the media and corporate america to distort the facts for the purpose of attacking our civil justice system. This case was used and continues to be used for a political agenda to prevent access to the court system and immunize corporations from civil liability. A new movie in production will expose the motivations of those big business and insurance interests who manipulated the media using the McDonald's coffee spill case. For now, you can watch a three minute trailer for a preview of the feature documentary film "HOT COFFEE: Is Justice being Served?" at the film producers blog at http://hotcoffeethemovie.com/trailer/ Please take a look at the trailer for some brief illumination of the types of unfair manuevering that big business and insurance interests will perform in order to protect their own interests and consequently harm your individual rights and access to the courts.

Do you want to know the real facts of the McDonald's coffee case? For now, please take a look at the fact sheet compiled by the American Association for Justice (formerly known as the American Trial Lawyers Association) as found set forth below. Otherwise, keep you eye out for the eventual release of "HOT COFFEE: Is Justice being Served?".

My point today is that we can't allow ourselves to believe and be mislead by the prevalent attacks on the civil justice system and Plaintiff -victims that we read and hear through the media. We need to step back and investigate to make certain that the facts which form the basis of any campaign against the civil justice system are true and accurate. We owe that to ourselves in order to do our best to make sure that justice is not being attacked by fiction but instead is being preserved by truth.

FYI: Here are the real facts of the McDonald's coffee case:

There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story. Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee inFebruary 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilledinto her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.During discovery, McDonalds produced documents showing more than 700claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. Thish istory documented McDonalds' knowledge about the extent and nature ofthis hazard. McDonalds also said during discovery that, based on a consultantsadvice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sellcoffee at substantially lower temperatures, and coffee served at home isgenerally 135 to 140 degrees.Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.Plaintiffs' expert, a scholar in thermodynamics applied to human skinburns, testified that liquids, at 180 degrees, will cause a fullthickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.McDonalds asserted that customers buy coffee on their way to work orhome, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving. McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee andthat a statement on the side of the cup was not a "warning" but a"reminder" since the location of the writing would not warn customers of the hazard.The jury awarded Liebeck $200,000 in compensatory damages. This amountwas reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million inpunitive damages, which equals about two days of McDonalds' coffeesales. Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit. The trial court subsequently reduced the punitive award to $480,000 --or three times compensatory damages -- even though the judge calledMcDonalds' conduct reckless, callous and willful.No one will ever know the final ending to this case.The parties eventually entered into a secret settlement which has neverbeen revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.-----excerpted from ATLA fact sheet. © 1995,

Nat Smith

Are you prepared for an accident?

2009-10-22T09:51:00.003-04:00

My college age daughter called recently and said that she had just been tapped into by another car. She got the offending driver's name and address, but no insurance info. After I "calmly" explained why she needed to to do more, it struck me that most people are probably unaware of what they should do when involved in an accident. I would suggest that you print the list below and keep in your glove box.

1. Call the police in any instance if there is bodily injury, severe damage to your car, or the other driver refuses to show you their driver's license and insurance card, or is uninsured.

2. Definitely call the police and your insurance company if involved in a hit-and-run or if you are forced off the road by a vehicle or animal.

3.Keep an inexpensive camera in your car; a cell phone with a camera will do. Just remember to take the photos.

4.Secure the name and phone number of any witnesses, if possible.

5. Obviously exchange contact info with the other driver if no police investigation. Again, have the other driver show you their insurance card and driver's license. If they refuse, call the police.

6. Stress and adrenaline usually kick in. Thus, while you may not feel that you are injured, do not refuse medical treatment at the scene if available. Go to the emergency room if anything feels wrong. Do not be surprised if you do not perceive any injuries while at the scene but you experience pain once you get home or the next few days.

7. Check your car(s) NOW to make sure that you have your own insurance and registration info handy. Do not assume that you have a pen and paper in the car, place it there NOW.

Attorney Doug Stoehr

Insurance tip for the week

2009-10-19T10:59:00.003-04:00

We receive calls about automobile accidents. Our staff is instructed to ask whether the caller has full or limited tort. Frequently the caller says: "Yes, I have "full coverage", meaning collision and comprehensive. This has nothing to do with the full tort option. Briefly, limited tort allows a policyholder to save money (usually no more than 15 %) but lose the legal right to make a claim for injuries unless the injury is "serious". Unfortunately the Pennsylvania courts and insurance companies interpret "serious" to be chronic, if not permanent. Thus, if you elect limited tort, you trade slight savings for fair compensation of your injuries.
TIP: discuss this thoroughly with your agent. Do not assume that the agent will cover this in detail and, remember, the agent works for the insurance company, not you. If you already have limited tort, it is not too late to change. Merely call your agent and ask that a form be sent to you. Call us if you have any questions. we are here to help even if you do not have an injury claim right now. Remember, our attorneys used to work for the "other side". Let Stoehr & Smith work for you now. Attorney Doug Stoehr

Winter is just around the bend....maybe tonight

2009-10-15T09:45:00.004-04:00

Heading out for work this morning in the chilly rain after hearing weather forecasts of potential evening snow fall throughout north central Pennsylvania prompts real time thoughts of winter's arrival. When winter arrives, safety concerns abound for which we need to be prepared. Without careful planning and prevention, the winter brings hazards that can catch us off guard and vulnerable to injury. Ice, snow and cold result in road hazards, pedestrian hazards, home hazards and work hazards. Now is the time to learn or refresh our knowledge of ways in which we can protect ourselves to prevent most of the hazards of winter from getting the best of us.

Here are some great internet resources that you can read in order to get ready for what will quickly be upon us- the beautiful, but sometimes treacherous months of winter:

www.bt.cdc.gov/disasters/winter/pdf/cold_guide.pdf
and
http://www.bt.cdc.gov/disasters/winter/guide.asp
U.S. Department of Health And Human Services
Centers for Disease Control and Prevention

www.osha.gov/SLTC/emergencypreparedness/guides/winterstorms.html
U.S. Department of Labor

www.kidsource.com/safety/winter.safety.cold.html
Kidsource Online

http://www.aap.org/advocacy/releases/decwintertips.cfm
American Academy of Pediatrics

These resources discuss winter safety for young and old, at home and away, and at work and at play. Please prepare NOW so that you increase your chances of making it through the winter safely. While we are here at Stoehr & Smith, LLC, to help you when home, work, on the road and on foot accidents cause harm to you and your family, we would first prefer that your safety is protected as much as possible throughout the upcoming winter months.

Wishing you warm and safe travels!

Nat Smith

REASONS TO HIRE A LOCAL ATTORNEY

2009-10-14T12:42:00.013-04:00

People will often ask, “Should I hire a local attorney?” There’s a temptation to hire an attorney based on advertising, even though that lawyer may be based in a distant city.
We strongly believe that hiring a local attorney is almost always better – IF there is a good local attorney experienced with your type of case.

Why do we think this? The most immediate reasons are as follows:

-We are much more convenient to meet/more accessible.
-We know the local judges and lawyers.
-We are familiar with local court personnel and the quirks of getting things done in local courts.
-We know the insurance adjusters who handle cases in your area.
-We are familiar with area doctors and their medical staff – from whom cooperation is critically important.
-We know the local police and investigators who can be crucial to an accident investigation.
-We understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist us in understanding your case.
-We are NOT “in cahoots” with opposing counsel or insurance adjusters. We are in business to get as much money for our clients as possible. By doing so, we also benefit since we are paid on the basis of what we recover for you.

We feel our knowledge of local opponents (and their knowledge of us) helps us do BETTER for our clients. We know who can be trusted, and who shouldn’t be. In other words, the local knowledge HELPS.

We feel that accessibility to your attorney is the most important aspect of the connection that you should have with your attorney. Over the years, we have spoken with so many people who complain that they are never able to get in touch with their attorney. While you may not be able to contact your attorney at the moment each time you call his or her office, it is not unreasonable to expect that your attorney will attempt to respond to your call as immediately as when they are able to do so. It is also favorable at times to be able to see your attorney in person without having to wait for an out of town attorney to find a free day to travel to see you or to require that you travel a long distance to come to see them.

With all that said, we encourage you to stay local and contact STOEHR & SMITH, LLC., first when you or someone you know needs any of our available free legal advice and/or representation from a personal injury attorney.
Nat Smith

Welcome

2009-10-13T16:39:00.000-04:00

Welcome to our new personal injury blog. Please visit our website for more information on Pennsylvania personal injury.