Pittsburgh Personal Injury Attorney

Q. Tell us about yourself and your practice.

A. I was born and raised in the Pittsburgh area and never left this locality. I attended Duquesne University for both college and law school. I am married and have 2 daughters 71/2 (that ½ year is still very important to her) and 6. I began my career as a prosecutor with the Allegheny County District Attorney’s Office. I have been in private practice since 1995. I have handled many different types of cases including construction disputes and criminal matters, but my practice has always concentrated on representing injured people and their families. Primarily my firm represents victims of medical malpractice or medical negligence.   

Q. What are your practice hours and locations?

A.    My firm’s office is in the U.S. Steel Tower on Grant Street in Downtown, Pittsburgh. Our regular staff hours are 9 to 5 but with the work we do, we often have to accommodate our clients’ schedules, disabilities and lifestyles.

Q. What is Statute of Limitation under Pittsburgh law?

A.    In general, in all personal injury matters (car accidents, medical malpractice, claims etc.) there is a 2 year statute of limitations in Pennsylvania. This means a lawsuit must be filed within 2 years of the date of the alleged negligence or recovery may be barred.  There are two relatively common exceptions to the 2 year statute of limitations. They are the Minor’s Tolling Rule and the Discovery Rule.

      The Minor’s Tolling Rule allows a suit brought on behalf of a child injured before age 18 to be filed anytime before the child’s 20^th birthday.

      The Discovery Rule acknowledges that one does not always immediately know that they have been injured by someone else’s negligence and permits recovery so long as suit was brought within 2 years of the date injured person should have known or discovered her injury was caused by another’s wrongdoing. Perhaps the easiest way to understand the Discovery Rule is by example. As generally recommended a 40 year-old woman undergoes mammogram screening for breast cancer detection. If after undergoing screening, Mammogram recommendations state that the findings are normal- no evidence of disease- and to repeat a mammogram in 2 years and she does. She is then told the latest mammogram is suspicious for breast cancer and further evaluation is needed. She promptly follows all recommendations for follow-up care and is unfortunately diagnosed to be positive for cancer. She is told that her initial mammogram done more than 2 years earlier was also suspicious for cancer and that she should have had a complete diagnostic work-up then.   The Discovery Rule would likely permit recovery for any damages resulting from the failure to earlier diagnose this woman’s breast cancer. 

Q. How important is filing a suit as soon as possible?

A.    In spite of the 2 year period which may seem like a long time and even with the exceptions to the 2 year statute of limitations anyone who believes they may have a claim for personal injury should contact a lawyer as soon as possible. First, you do not want to rely on any exception to the 2 year rule. There is always the possibility that a judge or jury could rule against you as to whether the exception should apply. You would then be denied any recovery, no matter the extent to which you are injured or how egregious the conduct of the person who harmed you. Also the gathering of the necessary evidence to file suit and the process of filing suit take time. In a medical malpractice matter, it can take months to obtain medical records and even more time to hire a qualified medical expert to review these records to determine if there was negligence.  Finally, early action by you allows your attorney to act when memories are fresher and when it is more likely that necessary evidence is still available.  In some cases 911 dispatch tapes or photos of a scene may not be available unless you acted quickly. The bottom line is the sooner you contact a lawyer, the better the chance the lawyer will be able to successfully represent your interests.           

Q.   What should one do in case of an accident?

A.    At my firm’s website you can find information regarding what to do, if you are in a car accident along with a checklist you might want to keep in your vehicle to guide you. But the most important steps are (a) check on the physical well-being of everyone involved (b) do not move your vehicle unless you must (c) in nearly all incidents call the police and (d) write down the license plate number make and model of the other vehicles and require the driver of each of the other vehicles to provide you with his insurance registration and driver’s license information. If anyone refuses or for any reason cannot and you have not already called for the police call for the police and unless there is a medical emergency wait for them to arrive. If you are suffering any injury no matter how slight you believe it to be, seek medical attention. Steps you may want to take later are to photograph the scene and any vehicle involved.   If injured or if you have any reason to believe a dispute may arise as to who was at fault contact a lawyer.

Q. In case of surgical accidents what documents should one have at hand?

A.    If you believe you or a loved one has been the victim of a surgical error or any medical negligence, ask questions. Ask your doctor what happened and why. Ask if the poor result or outcome could have been prevented and how. Make sure you understand the answers you are given. The topic may be so routine and familiar to the doctor that he does not explain it to you, in a way you can understand. Do not feel intimidated or stupid. A doctor can be a very good teacher. But some must be forced to explain medical terms and concepts so that we non-doctors can understand. Ask for a copy of the operative report and any other medical report that will help you understand.  Demand the records if necessary. Under Pennsylvania law you have an absolute right to access to your medical records and often the records of a child, spouse or parent.  For a reasonable fee such as copying charges you should be given a copy of such records.

Q. What kind of monetary compensation will one get from a personal injury settlement?

A.    There is no simple answer to this question. The monetary compensation received in a personal injury claim depends on many factors, including the lifestyle of the person injured, the nature and extent of the injuries, the pain and suffering caused by the injuries, the monetary losses sustained by the injured and the obviousness and egregiousness of the negligence. The insurance coverage applicable and the financial ability of the wrongdoer to compensate his victim are also important.  In Pennsylvania it is ‘legal’ to carry as little as $15,000 in automobile insurance. This means that in some instances where a driver has bought insurance keeping him ‘legal for less’ no matter the seriousness of the of injuries suffered $15,000 may be the most ever recovered.  Doctors and hospitals in Pennsylvania are currently required to have insurance coverage totaling $1,000,000 per occurrence.  

Q. What must a plaintiff prove to recover for an assault or battery?

A.    A civil assault should not to be confused with the criminal charge of assault, which is an intentional attempt or threat to cause injury to another. To recover for an assault you must prove that the person appeared to have the present ability to commit the harm and that the plaintiff was in reasonable fear or apprehension of the harm or offensive contact. A battery is the actual harmful or offensive touching. For a battery you do not have to prove fear or apprehension or even that the person was aware of the touching. Battery may apply in a medical negligence case, where a doctor performs a surgery or certain procedures without the patient’s consent.

Q. Do most cases go to trial to recover damages?

A.    Most personal injury matters resolve without trial. Many cases are resolved by an amicably reached settlement between the parties. Mediation is also a common tool used to resolve claims without trial. In a mediation, a neutral third party usually a lawyer or former judge meets with all parties to encourage a settlement. Whether in mediation or negotiation for settlement where a settlement offer has been made, the plaintiff often has great discretion and authority. Based on the advice of his or her attorney, the plaintiff is free to accept or reject any offer of settlement, thereby determining whether trial will be necessary.