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Personal Injury / Medical Malpractice

Personal injury is physical or emotional damage due to another's acts, and may entitle the victim to monetary damages. Personal injury claims typically involve motor vehicle accidents, injuries caused by dangerous conditions on property (for example, a fall due to slippery conditions), and other injuries resulting from another's negligence or unreasonable conduct.

Most states impose strict time deadlines on personal injury actions, so if you fail to act in a timely manner, you may be barred from ever pursuing your right to recovery. Any claim should be investigated promptly and evidence gathered as quickly as possible.

One type of personal injury case is medical malpractice. Despite the fact that anywhere from 44,000 to 98,000 Americans die each year from medical errors, not every medical error qualifies as malpractice. Generally speaking, medical malpractice is a negligent act by a physician that is contrary to the "accepted standard of care" in that specific area of medicine. The standard of care is what the medical industry as a whole has determined to be acceptable protocols and procedures for treatment of patients, conducting tests, and analyzing the results of those tests.

The attorneys at Badey, Sloan & DiGenova provide free, no obligation initial consultations. Most of our personal injury cases are handled on a contingent fee basis, which means that there is no attorney fee due unless a financial recovery is made.

“The laws have been trending in favor of the insurance companies for the last 20 years, and dramatically so for the last ten – more restrictive legislation has filtered down from the Supreme Court to the lower courts – even affecting many state courts. And here in Pennsylvania we have a limited tort regime, which many people buy – because it carries the cheapest premium – without realizing how little it covers and how much they’re giving up. So then when they are injured – even through no fault of their own -- they realize too late that they don’t have a case. Remember that insurance companies make their money by selling policies; not by paying claims!”

-- Mike DiGenova