”Ambulance Chaser” seems like the ultimate insult for a Personal Injury Lawyer. Desperate for business, the Lawyer chases ambulances to find injured clients.

So, as a Personal Injury Lawyer, why would I enjoy being called an “Ambulance Chaser”?

I recently had an accident case that I handled along with co-counsel from another firm. The case involve negligent and arguably reckless conduct of a Defendant that resulted in the death of our client who was the mother of two young children.

When we made a legal claim against the Defendant, we found out that, unfortunately, he did not have enough insurance to compensate the children and family for our client’s tragic death. Although the insurance company wanted to settle and pay its insurance policy limits, we refused, insisting that any settlement would require a contribution from the personal assets of the Defendant.

It’s rare to be able to collect more than the insurance policy limits. Most of the time the Defendant will not have assets that can be pursued, or is married or holds assets jointly with others so that they cannot be collected at the end of a civil lawsuit.

In this case, however, my co-counsel and I refused to settle without a personal contribution from the Defendant. We pressed on with the lawsuit by hiring experts and preparing for trial.

Ultimately, the Defendant caved just a few weeks before trial. The Defendant produced proof of his limited assets and income and agreed to make a substantial personal contribution to be added to the policy limits of his insurance company.

When the Defendant paid his portion of the settlement, thinking he was clever or funny he wrote in the Memo section of his check “Ambulance Chaser.”

When I saw the check and the term “Ambulance Chaser”, I was amused not annoyed. The Defendant was so delusional that he saw himself as the victim in this case, and the attorneys as the villains. His negligent and reckless conduct killed our client and took a mother away from her children, but in his twisted mind, we were the bad guys.

In the end, I considered the “Ambulance Chaser” jab as badge of honor rather than an insult. If fighting for an innocent victim and her family and holding a Defendant personally accountable is being an “Ambulance Chaser”, then I’ll own that title any day of the week.

Tim Rayne is a Personal Injury Lawyer with the Pennsylvania law firm MacElree Harvey, Ltd. For nearly 30 years, Tim Rayne has been helping accident victims receive fair treatment from insurance companies. Tim has law offices in Kennett Square and West Chester Pennsylvania. Tim can be reached at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

If you Slip and Fall on snow or ice on a sidewalk, then you may or may not have a legal claim to be compensated for your injuries.

Property owners have a responsibility to keep their property reasonably safe. However, the law recognizes that particularly during Winter, it’s impossible to keep sidewalks clear, dry and safe at all times.

Property owners are given a reasonable period of time after a snowstorm ends to shovel, salt and make the sidewalk safe for pedestrian travel.

If a property owner ignores the duty and allows the snow and ice to remain on the sidewalk and form “hills and ridges” which would obstruct pedestrian travel and someone falls and is injured, a valid legal claim exists.

So, whether you have a claim or not depends on the timing of the fall and the actions of the property owner.

Tim Rayne is a Pennsylvania Personal Injury Lawyer who helps accident victims, including people who Slip and Fall on Snow or Ice, receive fair treatment from insurance companies. You can contact Tim Rayne at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

When you think of the McDonald’s Hot Coffee Lawsuit you probably think of a woman who recklessly spilled hot coffee on herself and got millions of dollars.

In reality, the true facts of the Hot Coffee Case are a portrait of corporate stupidity and arrogance rather than one of a greedy accident victim and a jury run amuck.

The victim was a 79 year-old woman who purchased coffee in a drive-through. Her grandson was driving and when she put the coffee in her lap to add cream and sugar, it accidentally spilled and caused second and third-degree burns resulting in an eight day hospitalization and over $10,000 in medical expenses.

The victim offered to settle for just $20,000 but McDonald’s refused.

During the trial, several very harmful facts came out which supported a huge jury verdict:

• McDonald’s had a franchise wide policy of serving coffee at 185°F

• Coffee at home is served at about 140

• Coffee at 185 is not fit for human consumption because it will burn the mouth and throat on contact

• Coffee at 185°F will cost thirddegree burn after 2 to 3 seconds of skin exposure

• In a 10 year period, McDonald’s received more than 700 complaints of injuries from its Hot Coffee, but it would not reduce its mandated high serving temperature

After hearing this evidence, the jury awarded the victim $200,000 in compensatory damages and $2.7 million of punitive damages, which was equal to two days of McDonald’s coffee sales.

The Jury Verdict was reduced by 20% because the jury found the victim 20% responsible for her injuries for putting the coffee cup in her lap to add cream and sugar.

The trial judge reduced the Verdict further to $640,000.

In the end, I think the McDonald’s jury verdict was a good example of a jury punishing an arrogant corporation for dangerous behavior rather than one of a frivolous lawsuit and ridiculous verdict.

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the Chester County Law Firm MacElree Harvey, Ltd. For nearly 30 years, Tim has been helping injured accident victims understand their legal rights and receive fair treatment from insurance companies. Tim Rayne has law offices in Kennett Square and West Chester and can be reached at 610-840-0124 or trayne@macelree.com or you can check out his website at www.TimRayneLaw.com.

Pennsylvania Medical Malpractice Cases result is some of the largest Verdicts of any Personal Injuries because of the Serious Injuries or Death which can result from a medical mistake. However, at the same time, Pennsylvania Medical Malpractice cases are often hard to win.

Why?

One of the primary reasons is that it takes a Violation of the Standard of Care that causes Injury or Death to have a valid case. Just a bad result or a complication causing injury are not enough.

What is an Example of a Violation of the Standard of Care?

All doctors must follow the Standard of Care – possess the knowledge and skill and exercise the care that another practitioner in his or her specialty would exercise in the same situation.

For example, a surgeon is required to keep track of and account for all surgical supplies and tools during surgery and, if a foreign body such as a sponge or tool is left inside the patient and then the surgical site is closed, then the surgeon has likely violated the Standard of Care and could be successfully sued for Medical Malpractice.

Mere Bad Results or Recognized Complications Are Not Malpractice

Conversely, the mere occurrence of an injury or death during medical care or the happening of a recognized complication, like infection, is likely not Malpractice. Doctors and other medical providers cannot guarantee recovery or prevent all complications from occurring.

Seek Professional Advice

If you or a loved one believe that you may have been the victim of Medical Malpractice, then it’s important to seek Legal Advice as soon as possible. A skilled and experienced Pennsylvania Malpractice Lawyer can evaluate your claim and help you seek justice if you have a valid case.