A SUMMARY OF AUTOMOBILE ACCIDENTS AND FALL-DOWN CASES:

Automobile accidents and fall-down cases are collectively known as personal injury cases. This is another area in which the firm of George & Joseph concentrates its practice. These types of cases are handled on a contingent fee basis. In other words, unless the client receives a monetary recovery there are no legal fees charged. Accordingly, if you believe that you have a valid claim, please feel free to give us a call.

Unfortunately, many people have given up their right to bring lawsuits in automobile accident cases because they have decided to purchase limited tort automobile insurance. Please refer to the LEGAL TIPS section of this Web site to read about limited tort automobile insurance and why you should not have that type of insurance. However, even if you do have limited tort automobile insurance, there still are certain exceptions that may permit you to bring a lawsuit against somebody that has injured you in an automobile accident. Again, this matter is more fully discussed in this Web site under the area titled LEGAL TIPS.

It is important to keep in mind that in any type of personal injury case you must have your injuries documented through competent medical treatment. In an automobile accident case, your own automobile insurance will pay your medical bills up to the limits of medical coverage that you have purchased. After that, those bills will be paid by your own healthcare carrier. It is not the responsibility of the person who caused the accident to pay your medical bills. The person who caused the accident is, however, responsible for paying pain and suffering damages to you.

Pain and suffering is a somewhat vague term that encompasses the kind of secondary problems that you have had as a result of the automobile accident. Some examples of these secondary problems are: frequent pain and discomfort, inability to engage in certain daily and routine activities and inconveniences that you have suffered. It is extremely important to consult with a law firm which concentrates its practice in personal injury claims so as to obtain appropriate legal advice on how to make a pain and suffering claim.

If you have been injured in an automobile accident or a fall-down accident, please do not hesitate to consult us by way of letter or telephone. Our staff will be happy to make an appointment for you for an initial consultation which will be free of charge. Remember, there is no fee in a personal injury case unless we obtain a monetary recovery for you.

SOME COMMON AREAS OF MISUNDERSTANDING IN CRIMINAL LAW

I. When is an arresting police officer required to give the person arrested his or her Miranda warnings?

This is probably one of the most commonly misunderstood requirements. A police officer making an arrest is not required to give what is commonly known as Miranda warnings when making an arrest unless the police officer takes a statement either written or oral from the person being arrested. In other words, if a police officer simply arrests someone for a crime and does not attempt to take a statement from that person; the police officer does not have to give the Miranda warnings.

The purpose of the Miranda warnings is simply to advise persons being arrested that they have the following rights:

• That they do not have to give any statement whatsoever;
• That they have the right to an attorney;
• That if they cannot afford an attorney, the court will appoint one for them; and
• That anything they say can and will be used against them.

Additionally, even if a police officer intends to take a statement from a person, the police officer does not have to give Miranda warnings unless that person is in custody. Therefore, if a police officer simply happens upon the scene of a crime and begins questioning people about what had occurred, those people are not entitled to Miranda warnings unless they are placed in custody.

In the event that a police officer has arrested someone, and they are in custody, and he then takes a statement from that person without first giving the Miranda warnings, that person has a right to ask the court to keep out of the evidence which can be admitted to trial the statement that they gave to the police officer.

Please remember, there is absolutely no requirement for a person who is being arrested to give either an oral or a written statement to the police. A person has the absolute right to remain silent. The fact that you remain silent cannot later be used against you.

II. There is no right of a person arrested to make one phone call.

This is a television generated myth. Generally, out of courtesy, the police will permit people who have been arrested to make a phone call to either a family member or to their attorney.

III. If you are stopped for driving under the influence of alcohol and asked to submit to a chemical test of your blood to determine alcohol content, you do not have the right to consult with an attorney prior to making a decision as to whether or not to submit to the test.

Any delay on your part in unequivocally agreeing to take the test will be considered to be a refusal and you will lose your operator's license in the State of Pennsylvania for a period of one (1) year. The general rule is that it would be in your best interest to submit to a chemical test to determine your blood alcohol content when you are asked to do so by a police officer that has stopped you for driving under the influence of alcohol. Keep in mind there are always exceptions to this general rule. Remember, you do not have the right to select what type of test you will submit to. The arresting officer is the one who decides whether the test will be a blood test, a breath test or a urine test.

If you do not submit to a test when requested to by a police officer, and the police officer had cause to suspect that you were operating your vehicle under the influence of alcohol, you will lose your license for a period of one (1) year. If you should drive your automobile during that one year period of suspension, you will receive a mandatory jail sentence of 90 days, and a mandatory $1000.00 fine. Additionally, if you are subsequently found guilty of drunk driving, you will lose your license for an additional one (1) year for the drunk driving conviction.

IV. Always keep in mind that you never have to talk to a police officer or give consent to a police officer to search your person, your car or your home.

You should never interfere with a police officer who is conducting a search, but you have no obligation to consent to the search. If a police officer conducts a search and finds incriminating evidence, you will have the right to ask that the court not permit that evidence at the time of trial. However, if it was an illegal search but you consented to it, then that illegally obtained evidence will be admitted into court against you. It is the general rule that under no circumstances should you give a police officer consent to search your person, vehicle or home. Additionally, at no time should you make any statements to a police officer after being stopped, other than providing the police officer with the necessary information concerning your name, address, registration and license. At all times however, you should be polite and courteous with the arresting officer.

The firm of George & Joseph concentrates extensively in the area of criminal law defense. Our office handles the defense of all criminal charges. We have a multi-county practice and do significant defense work in the areas of drunk driving, robbery, drugs, rape and homicide, as well as all other criminal charges. Our office does not charge for an initial consultation. This firm is happy to be able to provide to Internet users commentaries on the criminal law. Should you have any questions, please feel free to call or write our office. We will endeavor to keep this information updated.

A SUMMARY OF THE MEDICAL MALPRACTICE CASE

The firm of George & Joseph represents clients in their claims against doctors and/or hospitals for medical negligence.

Legal fees for medical malpractice cases are contingent on a recovery. What this means is that if there is not a recovery, the lawyer will charge no fee. Medical malpractice cases are some of the most difficult and time consuming cases that a lawyer handles. If you have what you believe to be a medical malpractice case, you should first make sure that the lawyer who you have contacted, concentrates his or her practice in the area of medical malpractice.

Medical malpractice is a fancy word for negligence. In other words, the person who is bringing the lawsuit is alleging that either the doctor or the hospital, or both, have been negligent in the treatment that was given. However, in order to successfully prosecute a medical malpractice case, there has to be more than just negligence. The person bringing the case must prove that the negligence caused damages. What this means is if the doctor or hospital made a mistake, but no injury or damage resulted from that mistake, then you could not bring a successful medical malpractice action.

You should remember that you only have two (2) years from the date of your injury in which to bring your action. This is known as a statute of limitations. Unfortunately, many people wait too long to decide whether or not to bring a law suit against the doctor or hospital or both, and consequently lose valuable rights.

If you believe that you have a medical malpractice claim, please feel free to contact us by telephone. Our staff will be happy to make an appointment for you for an initial consultation which will be free of charge. Remember, there is no fee in a medical malpractice case unless a monetary recovery is obtained for you.

A SUMMARY OF THE WORKERS' COMPENSATION CASE

The firm of George & Joseph represents injured employees in Workers' Compensation matters.

In Pennsylvania, a person who is injured while in the course of their employment, and within the scope of that employment, has a right to Workers' Compensation benefits. Recoverable benefits include, wage loss benefits and payment of medical bills.

If you have been injured on the job, you should immediately notify your supervisor in writing of the injury and how it occurred. If your employer refuses to pay you compensation benefits, or seeks to terminate, modify or suspend compensation benefits that you are already receiving, you should immediately contact an attorney who handles workers' compensation cases.

In the event that your employer refuses to honor your workers' compensation benefits, you must file a Petition for Workers' Compensation Benefits. A hearing will ultimately be scheduled before a workers' compensation judge. It is important to remember that in a workers' compensation case, it is necessary to have competent medical evidence to substantiate your injury and resulting disability. Without medical evidence to substantiate the fact that you were injured on the job and continue to be disabled, you will not be successful.

The most important thing to remember if you have a workers' compensation problem is to consult your lawyer. Lawyers do not charge a fee on workers' compensation cases unless they obtain a recovery for you. Generally, the fee is 20% of the recovery obtained.

If you believe that you have a workers' compensation claim, please feel free to contact us by way of letter, or telephone. Our staff will be happy to make an appointment for you for an initial consultation which will be free of charge. Remember, there is no fee in a workers' compensation case unless a monetary recovery is obtained for you.