In the case of Kirkpatrick v. Geico Casualty Company the US District Court for the Western District of Pennsylvania, allowed the question of damages related to the plaintiff’s destruction of earning capacity claim to be submitted to the jury, despite the fact that the plaintiff could not show any loss in business income. The case involves a first party claim for underinsured…[...]

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Last month I gave warnings to injured persons as to why it was never too late to hire an attorney. So, what is good for the goose is good for the gander. This month I intend on warning attorneys about a potential danger in their job. I hope to warn attorneys on the perils of using social media. Several cautionary…[...]

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Voir dire is actually an old French phrase. Roughly translated, it means “to speak the truth.” It is used to describe the process of questioning potential jurors to see if they are harboring any bias, prejudice or interest that would disqualify them from serving. In most states, the judge decides how the voir dire questions will be asked. For example,…[...]

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The insurance industry and their corporate partners have spent a tremendous amount of money over the past two decades putting out propaganda to convince people that standing up for your own rights by seeking justice in a court of law makes you a bad person. If you file a lawsuit, you are bad. Many of my new clients who have been severely…[...]

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On Sunday, February 24, 2019, most of us in the Eastern United States experienced severe winds. This was predicted, and I was hoping that our power would hold out, but I wasn’t so lucky. It came as no surprise when it went out Sunday morning and we became one of the 4800 plus customers without power in Marshall County. The…[...]

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Each year millions of youths in schools and communities across the country hurt themselves or others through verbal, physical and digital means. The 2017 CDC’s Youth Risk Behavior Study found that 21% of high school student are bullied on school property each year in Pennsylvania. That same study found that 17.3% of high school students are electronically bullied each year in Pennsylvania. These…[...]

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Advances in modern equipment have increased the importance of what is now known as “End of Life Decision Making.” Our wishes about how we would like to be treated in the event we are in a coma, unable to make decisions for ourselves, or terminally ill, need to be made carefully and with great understanding of the potential consequences. If…[...]

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Recently, the United States District Court for the Middle District of Pennsylvania, in the case of Phillips v. State Farm Mut. Auto. Ins. Co., dismissed a plaintiff’s insurance bad faith claim, holding it was reasonable for an insurance company to refuse to pay some of its insured’s claims upon its own medical expert’s opinion rather than the plaintiff’s treating physician. Phillips…[...]

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If you own a car in WV, OH or PA, state law requires that you carry liability insurance in certain minimum coverage limits. Most folks are aware of that fact. What folks often forget, however, are the other coverages that frequently appear in their auto insurance policies. One such often-overlooked coverage is medical payments, or “med pay” coverage. Simply put,…[...]

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Whether we like it or not – it is a well-known fact that the legal profession generally does not have a great reputation among the public. A quick google search will turn up hundreds of “lawyer jokes” that can be used at any time. When we think about why lawyers get such a bad rep there are a multitude of…[...]

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