Car Accidents Blog Page 40 of 58

Demand Justice If a Drugged Driver Killed Your Family Member

Posted on behalf of Schmidt Kramer on February 27, 2014 in Car Accidents

It’s not a good thing to be cynical, but sometimes it’s hard not to despair over the human capacity to do stupid things. A case in point: recent scientific data shows that there is a trend—a very slight trend, mind you, but a real one—away from drunk driving on America’s roads. This positive development has […]

How to Recognize a Drunk or Drugged Driver on the Road

Posted on behalf of Schmidt Kramer on February 26, 2014 in Car Accidents

It’s a trick question—an intoxicated driver looks like any other driver on the road. Drivers who are impaired by drugs or alcohol cover the entire ranges of race, age, gender, and social status. Sure, statistics show that younger male drivers—in their teens and twenties—are more likely than other segments of the driving public to be […]

How to Get Full Medical Bill Coverage From the Insurance Company

Posted on behalf of Schmidt Kramer on February 16, 2014 in Car Accidents

In the aftermath of a Pennsylvania car accident, you are forced to deal with the conflicting agendas of many different people. The hospital, your doctors, and your pharmacist all want to be paid their fees in a timely manner. Your health insurance company doesn’t want to spend more money than it’s required to. And, under […]

Hire a Lawyer Even If You Plan to Settle Your Car Accident Case

Posted on behalf of Schmidt Kramer on February 10, 2014 in Car Accidents

Here’s something we’ve heard a lot over the years: “No, I don’t want to hire a lawyer. I’m determined to settle this case out of court. Now, if I handle this on my own, I get to keep all the settlement money. If I hire a law firm to help with the settlement, I have […]

Why Can Delay Damages Now Be Added To Future Medical Expenses In PA?

Posted on behalf of Schmidt Kramer on February 10, 2014 in Car Accidents

Last Friday, February 7, 2014, the Pennsylvania Superior Court opinion in Roth v. Erie, — A.3d — (Pa. Super. Ct. Feb. 7, 2014) involving the issue of delay damages and future medical expenses was released. The trial court held that delay damages only apply to damages for pain and suffering and not the amount of $20,000 […]

A Fair Settlement for a Pennsylvania Car Crash: Is it Possible?

Posted on behalf of Schmidt Kramer on February 08, 2014 in Car Accidents

The bottom line is this: you want a fair settlement for your car accident case. An essential question is what do you mean by “fair”? If you have been victimized in a Pennsylvania traffic accident due to someone else’s actions, defining “fair” is pretty straightforward. You want to be restored as closely as possible to […]

Which Two Pennsylvania Laws Do Most Drivers Forget To Follow In Winter?

Posted on behalf of Schmidt Kramer on January 22, 2014 in Car Accidents

Winter drivers in Pennsylvania have enough to deal with between snow and ice. Also, they have to navigate traffic. However, there are 2 important Pennsylvania laws which many forget to follow. It is important to follow them to avoid serious injury and car accidents. Clearing Off Your Vehicle In the winter it is important to […]

Court Denies Class Certification In Case Involving PA Car Accident

Posted on behalf of Schmidt Kramer on January 17, 2014 in Car Accidents

The Middle District of Pennsylvania memorandum and order in Webb v. Discovery Prop. & Cas. Ins. Co., 2014 WL 105608 (M.D. Pa. Jan. 9, 2014) (mem.) denies a motion for class certification in a case involving the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL). The court previously held that the insurer’s underinsured motorist (UIM) rejection […]

New Ruling On PA Injury Car Accident And UM/UIM Arbitration/Venue

Posted on behalf of Schmidt Kramer on January 15, 2014 in Car Accidents

Below is the link to McAteer v. State Farm Mut. Auto. Ins. Co., No. 1428 EDA 2013 (Pa.Super. Jan. 7, 2014) (mem.) where a panel of the Superior Court in a memorandum opinion finds that the appellant/McAteer failed to address the dispositive issue of venue, i.e., that when an arbitration clause calls for arbitration in […]

Can Health Insurance Leins Pay for Car Crash Recovery?

Posted on behalf of Schmidt Kramer on January 14, 2014 in Car Accidents

Not everyone is charged the same in the U.S. health care system. Health care insurance companies negotiate for discounts from medical providers—hospitals, physicians, surgeons, and even pharmacies. The provider is usually willing to cut back the price significantly in order to get the assurance of quick and reliable payment. Medicare and Medicaid, two large government-run […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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Testimonials

Dear Scott,
Hello there! I’m a little late to the game here, but I wanted to be certain I wrote to you. Oops—sorry for the typo! As you’ve probably gathered, I am writing you from a typewriter. Do you still use these in the office? Back on topic, I wanted to take a moment to express my deep gratitude for your guidance and support throughout the entire legal process for my accident. Can you believe it’s been five years?? Your attention to detail, professionalism, and delicate handling of my case made an incredibly difficult time more manageable for me and my family. We’re forever grateful.
From the moment you stepped foot in that hospital room with me, I felt relieved to have someone in my corner like you and your team. You took the time not only to explain each legal step in a way that made sense but also to acknowledge the emotional weight of what I was going through. That delicate balance—handling the intricacies of my case with precision while also being sensitive to my well-being—is something I will always be grateful for. In many ways, the outcome of the case reflected your dedication, but what has stayed with me even more is how you treated me throughout the process—with patience, respect, and compassion. You listened to my concerns and reassured me in moments of uncertainty. And even now, I feel your compassion each year on my birthday when I receive a text from you!
Thank you, not just for the outcome, but for the way you handled each moment. You are an incredible lawyer, but more importantly, an incredible person, and I was fortunate to have you in my corner.
With heartfelt gratitude,
Ricky D
Definitely were people of their word. Certainly helped me through my whole case
The legal team was very professional and met my needs I would highly recommend them
Monte cargile
Very great experience working with you guys continue the great service timely response communication well understand
jackie duffus
Schmidt Kramer is simply definition of hardworking, they are trustworthy and get best claim you could never think of.