On the page below you can find links to documents, reports, publications and discussions provided by The Monahan Law Practice.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

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• Sexual Assault and Abuse Claims
• Inadequate Security and Crime Victim Cases
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Sexual Assault and Abuse Claims

• Church charged with sex coverup
• 2 priests, archdiocese named in abuse suit
• Philadelphia Archdiocese John Doe 10 Complaint
• Suit to accuse Christian retreat leader of sex abuse
• Vatican seeks dismissal of Kentucky sex abuse case
  

  In response to a plaintiff’s attempts to get the Pope to testify in a clergy sexual abuse trial, the Vatican plans to argue that, as a foreign head of state, the Pope enjoys immunity from suit. The Vatican will also make the claim that bishops are not Vatican employees.

• Potential damages more than doubled in Boy Scouts abuse case
  

  The potential damages in a sexual abuse case against the Boy Scouts of America have been raised from $10 million to $25 million after documents revealed that the BSA had known about sexual abuse in its organization for decades without taking any action.

• Columnist opposes Wisconsin?s Child Victims Act
  

  A columnist wrote about the importance of keeping a statute of limitations in sexual abuse cases, and the comparative unfairness of holding the Catholic Church responsible for the misbehavior of a few priests when doing so harms the Church’s charitable mission.

• Lawsuit claims Boy Scouts failed to prevent abuse
  

  Documents have been released revealing that the Boy Scouts of America have been documenting reports of sexual abuse in their ranks for years. Lawyers for plaintiffs in sexual abuse cases point to the documents as evidence of BSA inaction, but lawyers for the Boy Scouts claim that they are evidence that the BSA has been proactive in ousting sexual offenders.

• Lawyers opposing Vatican draw line in the sand
  

  Two running cases, one in Oregon and the other in Kentucky, brought by prominent lawyers against the Catholic Church involve issues of whether the Vatican can be found liable in a U.S. court. The lawyers are pursuing two theories; one holds that sovereign immunity does not apply to the Vatican, the other holds that, as an employer (of priests), the Vatican can be liable. The courts have yet to reach a final conclusion.

• Vatican releases revised priest abuse guidelines
  

  The Vatican has revised a set of guidelines governing treatment of priests accused of sexual abuse. Although the guidelines appear to be a major step in the right direction, some claim that the Church is merely putting on a show of reform with few substantial changes.

• Pittsburgh diocese sued after molestation victim?s suicide
  

  A 39-year-old man who had been a sexual abuse victim by a priest in his youth committed suicide after the Catholic Church ceased payment of his mental health treatments.

• One man against the Vatican
  

  A Minnesota lawyer acting as the head of a concentrated team has filed thousands of lawsuits against priests and the Catholic Church on behalf of victims of clergy sexual abuse. His efforts have led directly to the downfall of multiple abusive priests, and he now seeks to find the Vatican directly liable for their actions.

• The Pope and the Sexual Abuse Scandal
  

  Pope Benedict has long been the target of people claiming that he has either done too little to stop clergy sexual abuse, or too much to cover it up. Supporters say that the Pope has merely followed Church doctrine to the letter, and he has nothing to apologize for.

• Archmere Academy settles sex abuse suit
  

  Officials at a Catholic school that employed a sexually abusive priest settled a case brought by a Navy doctor who alleged that he had been abused as a student there. The officials admitted to knowing about the priest’s history of being sexually abusive when he was hired. The Delaware law under which suit was brought is one of the strongest child abuse laws in the nation.

• Galveston-Houston Archdiocese sued over alleged priest abuse
  

  A family is suing the Galveston-Houston Archdiocese over alleged sex abuse that male and female members of the family suffered in the 1970s at the hands of a now-deceased priest. The Archdiocese claims that it never heard any complaints of abuse until the current lawsuit was filed in 2007.

• Chicago Archdiocese sued over sex abuse
  

  A priest who is already serving a five-year sentence for sexually abusing children, together with the Chicago Archdiocese, is the target in another sex abuse case brought by more of his victims. This is the fifth allegation of sexual abuse brought against Daniel McCormack.

• Catholic priest charged with sexual assault in Minnesota continues working in India
  

  A priest who was criminally charged for assaulting a 14-year-old girl in Minnesota nevertheless continues to work at his home diocese in India. Although the Vatican has been cooperative in law enforcement efforts to have the priest extradited, it has refused to disrespect his wishes in the matter; according to canon law, he will have to do no more than serve one year in monastery.

• US lawyer wants to question pope on child sex cases
  

  A plaintiff’s lawyer in a clergy sexual abuse suit in Kentucky wants to hear testimony from the Pope on his potential involvement in covering up sexual abuse by priests. The request goes back to when the Pope was Cardinal Ratzinger, in charge of investigating priest misconduct. The record is unclear as to exactly what kind of investigator the Pope was.

• Deaf students come forward about priest sexual abuse
  

  A large group of former students at a Catholic Church-run school for the deaf in Verona, Italy have come forward to accuse the clergy officials of the school of institutionalized child molestation. The bishop of the diocese and even a priest who was on track for sainthood have been named as part of the conspiracy to molest and then threaten young boys.

• Documents purport to show Ratzinger?s slow response to Arizona priest abuse
  

  The cases of two priests accused of sex abuse in Arizona are raising questions about the current Pope’s role in investigating sexual abuse claims during his time in charge of investigating priest misconduct. Documents revealed by the case suggest that, as Cardinal Ratzinger, the Pope was less than ardent in his pursuit of sexually abusive priests.

• Wisconsin priest may have continued abuses after removal from deaf children?s school
  

  Even after a priest accused of sexual abuse was forced to retire from a deaf children’s school (where it is alleged he molested dozens of children), there are fears that he has continued the abuse on his own time.

• Boy Scout executive says parents are at fault in abuse cases
  

  A Boy Scout executive has issued statements accusing parents of children molested by a scout leader of negligence. He claims that they contributed to the abuse their children suffered by allowing the children to have a sleepover at a single man’s apartment.

• Letter shows Vatican was aware of clergy abuse for decades
  

  A 50-year-old letter given to Pope Paul VI has been uncovered, revealing that the Catholic Church has known about incidences of sexual abuse by priests. The letter, sent by the head of a priestly order, recommends that abusive priests be removed from ministry.

• Lawyers say Vatican failed to remove Florida priest
  

  Records from the current Pope’s time as the Cardinal in charge of investigating priest misconduct reveal startling evidence of his inaction in the face of blatant or even confessed sexual abuse by priests.

• California suit alleges church protected abusive priest
  

  A suit brought by a man in California alleges that he was abused by a priest in his parish in the 1960s, and that this priest was then shuttled between three continents over the following decades as a means to cover up his action. However, the suit claims that in the subsequent placements, the priest continued to molest children, and that Vatican officials put the Church’s reputation ahead of the welfare of those children.

• Kentucky plaintiffs hope Vatican will “reconnect” with US victims
  

  Some see an opportunity in a recent lawsuit seeking to hold the Vatican liable for sexual abuse by American priests. They argue that this is a chance for the Vatican to reconnect with, and show solidarity to, Americans who feel betrayed by their church and may have lost faith through the recent wave of reports of sexual abuse.

• Los Angeles archdiocese sued for fraud in sex abuse case
  

  A new suit against the Archdiocese of Los Angeles is noteworthy for its inclusion of a fraud allegation, which is significant in sexual abuse cases because there is no statute of limitations for fraud. As the statute of limitations is often the single most significant factor in the success of a sexual abuse claim, this case could be part of a larger trend in the law toward increased options to victims of sexual abuse.

• Vatican seeks to block attorney’s attempt to question Pope in Kentucky sex abuse case
  

  A federal judge will decide whether to allow a request to question Pope Benedict under oath in a Kentucky sex abuse case. The main issues in whether to permit the request involve the Pope’s involvement in the day-to-day operations of Catholic bishops and the Pope’s status as a foreign head of state.

• Belgian police raid offices of church in abuse case
  

  Belgian authorities raided the headquarters of a Catholic Archbishop. The search was carried out in response to complaints of sexual abuse occurring within the territory of the archdiocese. The raid took place in the middle of a meeting of bishops, and many Church documents, especially those relating to investigations of sexual abuse, were seized.

• Burlington, VT, diocese settles 26 abuse cases for $18M
  

  The Catholic Church has decided to settle in an $18 million lawsuit brought against it by twenty-six former altar boys in Vermont on grounds of sexual abuse. This is only the latest in a string of lawsuits targeting the Church for negligent hiring.

• Indianapolis archdiocese settles abuse case for $199K
  

  The Catholic Church has reached a $199,000 settlement agreement with a man who claimed to have been sexually abused by a priest in 1977.

• Pope admits church’s guilt in abuse scandal
  

  The Vatican has not yet been held liable in any sex abuse cases in the U.S. However, Pope Benedict has issued statements apologizing for the Church’s culpability and admonishing Church officials for failing to address the needs of both forgiveness and justice. Despite his words, the Church has yet to defrock or significantly punish any of the actual perpetrators of child abuse.

• Diocese of Charlotte settles abuse case for $1M
  

  The Diocese of Charlotte has agreed to pay a $1 million settlement to a man who claims he was sexually abused by a priest when he was an altar boy.

• Cardinal Levada said to have mixed record on adjudicating abuse cases
  

  The cardinal in charge of investigating and adjudicating sex abuse within the Church has been more progressive than others in calling for inquiries into abuse and demanding accountability from Church officials. At the same time, he has remained traditional in his handling of individual cases, failing to significantly investigate or punish sexually abusive priests.

• Los Angeles Archdiocese yet to disclose allegedly abusive priests’ personnel files
  

  The Catholic Church has yet to honor a settlement agreement in which it promised to release personnel files of priests accused of sexual abuse. The documents are the only unfulfilled portion of the agreement, which also included $600 million in restitution.

• Class-action status sought for Delaware victims of alleged pedophile pediatrician
  

  Lawyers seek more possible victims of an alleged pedophile pediatrician to add on to a class-action suit.

• Laicization debated as proper response to abuse
  

  The crux of the Catholic Church sexual abuse controversy is the Church’s failure to kick out priests who are shown to be child molestors. However, the difficult process of removing a priest, according to some, may not be the right answer, as it would free these priests to pursue their perversities in private, without any hope of supervision or stopping them.

• Criminal charges against Los Angeles Catholic Archdiocese unlikely
  

  Victims of sex abuse by Catholic clergymen may not see their abusers brought to justice. Although an eight-year investigation has turned up evidence of criminal culpability, issues with the statute of limitations suggest that the Los Angeles District Attorney’s office will be unable to bring charges against the church officials who concealed the abuse.

• Pope, following church law, refused to defrock confessed abuser
  

  When Pope Benedict was Cardinal Ratzinger, he once refused to defrock a priest who had confessed to molesting children and served prison time for it. The Cardinal was following strict church law which required that a priest voluntarily submit to the punishment of defrocking. This demonstrates the willingness of church officials to let unruly priests have free reign.

• Canon law guides church’s response to clergy sexual abuse
  

  The Catholic Church has a special set of rules for the investigation and punishment of priests accused of sexual abuse; these rules are part of the Church’s “canon law.” The church follows and enforces canon law entirely independently from public law, but the rules and procedures canon law entails can sometimes cause obstructions in the pursuit of public justice. However, it is abundantly clear that punishments for guilty clergy under canon law are not nearly as severe as public law consequences.

• Former students’ abuse suit against Brooklyn high school to proceed to discovery
  

  Nine former students of Brooklyn’s Poly Prep Country Day School enjoyed a victory as their motion for discovery of essential documents and testimony to their case alleging sexual abuse was granted. The students claim that the school actively covered up sexual abuse perpetrated by one of its football coaches from 1966 to 1991.

• US backs Vatican immunity in sex abuse case
  

  The Solicitor General’s office is asking the Supreme Court to overturn a 9th Circuit decision that would allow a suit against an ex-priest to proceed with the Vatican as one of the defendants. The ruling would erode some of the Vatican’s diplomatic immunity, which it has long enjoyed as a foreign state, on U.S. soil.

• Boy Scouts lagged in efforts to protect children from molesters
  

  The Boy Scouts of America have never been particularly vigilant in rooting out adult sexual predators from their volunteers and employees. Only recent years have seen them expand efforts at enforcing background checks to protect children under their care. However, many preventive measures remain optional, and the BSA has a long way to go before it catches up to modern standards of child protection.

• Oregon man suing Portland archdiocese over abuse
  

  A man in Oregon has filed a $2.8 million lawsuit against the Archdiocese of Portland, claiming that psychological trauma he incurred as a child when he was raped by a priest is to blame for his life of misery and attempt at suicide.

• Archbishop Dolan’s role in church abuse scandal considered
  

  Timothy M. Dolan, Archbishop of New York, faces criticism for the way he defended the Church aggressively against sexual abuse lawsuits before coming to New York. Bishops and Archbishops face tremendous pressure from all sides in deciding how to address the problem of sexual abuse in the Church, and the best interests of society are not the only ones represented in that balancing act.

• Vatican to seek dismissal of Kentucky abuse suit
  

  The Vatican will argue that a lawsuit being brought against it in Kentucky over bishops allegedly allowing child-abusing priests to continue with impunity is improper. The Vatican’s case relies on an argument that a Church document requiring secrecy in church-based sex abuse trials does not constitute a cover-up.

• Sexually abused child allowed to bring law suit because Statute of Limitations Stayed during military service
  

  In sexual abuse cases that are often decades old and where the childhood victims were reluctant to come forward until after the statute of limitations had expired, one exception to the rule was utilized in Minnesota where a plaintiff who had been in the military for over 20 years was able to purse his claim. The statute of limitations is suspended often times when plaintiffs are serving in the armed forces.

• Case before Vermont Jury will not have to consider the Catholic Church’s argument that a crime victim waited too long to pursue his case
  

  In another case of sexual abuse of a minor by a Catholic Priest, a Vermont Judge has thrown out the defense that the crime victim waited too long to file the claim. Pennsylvania does not have a similar provision and limits childhood sexual victims only until age 30 to bring a civil claim. If you have questions about a similar claim in Pennsylvania CALL Dan Monahan TOLL FREE 1-866-307-3888 or 1-610-363-888 and order our FREE BOOK: CRIME VICTIM?S GUIDE TO RECOVERING DAMAGES FOR YOUR INJURIES.

• Statute of Limitations Limits Recovery for Massachusetts Victims of Clergy Sexual Abuse
  

  Gauge the ugliness and duration. Measure the fallout: drugs, divorce, hospitalizations, suicide attempts. Then ask whether the settlements against the Catholic Church for clergy sexual abuse are adequate. Often times, state statutes of limitation prevent cases from proceeding and pose obstacles to adequate compensation for victims. ORDER our FREE BOOK: CRIME VICTIM’S GUIDE TO RECOVERING DAMAGES FOR YOUR INJURIES by calling TOLL FREE 866-307-3888 or 610-363-3888.

• Survivors Network of those Abused by Priests) want the Diocese to work proactively to promote healing and prevent future incidents of sexual abuse
  

  Survivors Network of those Abused by Priests (SNAP)has published 18 non-monetary demands which include, in part: publicly releasing the names of clergy responsible for sexual abuse, posting known abusers on the diocesan web site for at least nine years, and for the bishop to visit parishes where known abusers have served, included deceased perpetrators. If you’ve been sexually abused by a priest, counselor, teacher or other person in authority, contact MONAHAN LAW PRACTICE for a FREE CONFIDENTIAL CONSULTATION AT 866-307-3888 and ORDER OUR FREE CRIME VICTIM’S GUIDE TO RECOVERING DAMAGES FOR YOUR INJURIES

• Study Reveals Prevalence of Clergy Sex Abuse of Youths [PDF]
  

  The amount of youths sexually abused by predator priests is evaluated in this study. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Retired Archbishop of Milwaukee has testified under oath that he moved abusive priests from parish to parish without revealing their past behavior
  

  How a church leader dealt with priests who molested children: Retired Archbishop Rembert Weakland has testified that he moved such priests from one parish to another without alerting parishioners or notifying police.

• Church waives Statute of Limitations Defense and Settles Sexual Abuse Claims in Arbitration Procedure
  

  The Diocese of Springfield has reached agreements with 59 men and women who came forward to speak of their past abuse by clergy and religious. Each had been invited to participate in a voluntary arbitration process. The claims of abuse date back to 1948. In addition to these financial settlements, all victims remain eligible to receive continuing counseling and assistance programs through the diocese.

• Review of Professor Marci Hamilton’s Book Entitled “Justice Denied: What America Must Do to Protect Its Children
  

  The elimination of the statute of limitations for childhood sexual abuse is the only solution to combat the triple forces of the catholic church, insurance industry, and teacher unions to prevent and eliminate protect children.

• Learn the sign and symptoms of child abuse and how to report it
  

  906,000 children per year are estimated to be victims of childhood abuse which has devastating consequences for years to come

• Author and Attorney Katherine Hine Outlines Case For Immunity for Child Abuse Reporters
  

  professionals who report child abuse, especially child sexual abuse, have been subjected to various forms of retaliation. Although the 1970s produced federal and state legislation providing ostensible immunity to those who report child abuse, strong disincentives to reporting persist and new ones have emerged. Neither the 1970s statutory mandates nor First Amendment principles have prevented a substantial backlash against mental health professionals, attorneys, documentary participants, journalists, police officers, prosecutors, judges and child advocate volunteers. The nature of the retaliation is such that only a few individuals need be targeted before large numbers of professionals are silenced.

• Advice on Child Sex Abuse from the American Academy of Child and Adolescent Psychiatry
  

  Child sexual abuse has been reported up to 80,000 times a year, but the number of unreported instances is far greater, because the children are afraid to tell anyone what has happened, and the legal procedure for validating an episode is difficult. The problem should be identified, the abuse stopped, and the child should receive professional help. The long-term emotional and psychological damage of sexual abuse can be devastating to the child.

• What is Abuse, What Damage Does it Cause, and How to Report it
  

  The warning signs of childhood sexual abuse are numerous and the public should be aware of how to report according to this article

• Article: Effects of Domestic Violence on Children and Adolescents
  

  In an article by Joseph Volpe, Ph.D., the definition of domestic violence, its prevalence in today’s society and its traumatic effects on children and adolescents are discussed

• Article: Dissociative Symptoms in Children and Adolescents [PDF]
  

  Dissociative Symptoms also known as Mutliple Personality Disorder is discussed

• Article: Post Traumatic Stress Order Study
  

  Millions of children are exposed to traumatic experiences each year. Over thirty percent of these traumatized children develop a clinical syndrome with significant emotional, behavioral, cognitive, social and physical symptoms called post-traumatic stress disorder (PTSD). The symptoms of PTSD fall into three main clusters: 1) re-enactment of the traumatic event in play, dreams or behaviors; 2) avoidance of cues associated with the event or general withdrawal and 3) physiological hyper-reactivity manifesting as hypervigilance, sleep problems, anxiety and cardiovascular reactivity. Significant physical and medical problems in childhood, adolescence and adulthood appear to be related to childhood trauma. Few treatment outcome studies exist for childhood PTSD. Current treatment approaches include post-acute psychoeducation, individual psychotherapy, pharmacotherapy and cognitive-behavioral therapy. Despite increasing attention over the last ten years, childhood PTSD remains an understudied public health problem.

• Article: Treating Abuse Victims for Substance Abuse Problems
  

  Substance abuse is a chronic and relapsing condition. It is often associated with problems in physical, psychological, emotional, spiritual, and social functioning (Brown, 1998; Landry, 1994). These problems are not likely to be the result of one specific cause but rather the result of an accumulation of factors that clients have faced in their lives (Luthar and Walsh, 1995). Risk factors associated with substance abuse disorders include histories of childhood abuse and neglect (Carlson, 1997). In fact, a recent study found that adults with histories of child abuse have an increased likelihood of heart disease, cancer, and chronic lung disease, as well as greater risk for alcoholism, drug abuse, depression, and attempted suicide (Felitti et al., 1998).

• Article: The connection between sexual abuse and dissociation
  

  OBJECTIVE: This study investigated the role of dissociation as a mediator of mental health outcomes in children with a history of sexual abuse. METHOD: The study group consisted of 114 children and adolescents (ages 10?18 years) who were wards of the Illinois Department of Children and Family Services and were living in residential treatment centers. Interviews, provider ratings, and chart reviews were used to assess the relationship of childhood abuse history, dissociative responses, and psychopathology. RESULTS: Sexual abuse history was significantly associated with dissociation, whereas a history of physical abuse was not. Both sexual abuse and dissociation were independently associated with several indicators of mental health disturbance, including risk-taking behavior (suicidality, self-mutilation, and sexual aggression). Severity of sexual abuse was not associated with dissociation or psychopathology. Analysis of covariance indicated that dissociation had an important mediating role between sexual abuse and psychiatric disturbance. These results were replicated across several assessment sources and varied perspectives.

• Pennsylvania Superior Court Considers Statute of Limitations Extension for Child Sexual Abuse Victims
  

  the Pennsylvania legislature extended the statute of limitations for victims of childhood sexual abuse in 2002 up to the age of 30. For cases of abuse that occurred before the law was changed, there is a dispute whether any victim, regardless of when the abuse took place, has until the age of 30 within which to bring a lawsuit. The Superior Court considers that issue in John Doe v. Archdiosese of Philadelphia

• When your son or daughter has been sexually abused by a teacher, you need to know your rights and what can be done about them
  

  Crime Victims of Sexual Abuse by Teachers have a variety of legal theories of liability in order to seek damages against both the teacher and school districts and administrators. Damages assessed against abusers may include compensation for past and future medical treatment including psychotherapy, loss of future income, pain and suffering, mental anguish, special housing and school.

• Victims of Clergy Sexual Abuse can bring claims under a number of causes of action
  

  Victims of crime perpetrated by clergy through sexual assault and abuse may pursue claims under various theories of liability including sexual abuse/battery as defined by the criminal codes, adult exploitation, mandatory reporting acts, violation of the penal code, failure to protect, failure to supervise or negligent retention, failure to warn, breach of fiduciary duty, fiduciary fraud, conspiracy, RICO violations, vicarious liability, and ratification.

• Constitutional Law Professor, Marci A. Hamilton, from the Benjamin N. Cardozo School of Law Sets Forth Legal Arguments Against Statutes of Limitations in New Book
  

  The Statutes of Limitations for Sexual Abuse should be eliminated altogether and a window of opportunity should be afforded victims of past abuses where the statute of limitations has already expired. Legislators would be well served to ignore the barriers set up by the insurance industry, the Catholic Church, teachers’ unions, criminal defense attorneys and an uninformed public. Ultimately, crime victims of sexual abuse will be served, and society in general will ultimately benefit from the benefits of a watchful legal community.

Inadequate Security and Crime Victim Cases

• The Brady Center Takes Alaska Gun Dealer to Court for Supplying Rifle to Fugitive Murderer
• Fatally shot club patron sues LA Club for inadequate security and negligent hiring
  

  Patron at LA nightclub where gang members frequented was shot. His estate brought claim and settled due to negligent hiring, supervision and training of employees, and failure to provide adequate security. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Failure to provide adequate security or warnings at apartment results in liability for decedent
  

  A Florida Jury in Palm Beach County awarded the estate of a man who was visiting his sister when he was shot and killed outside her apartment due to lack of security and warnings. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Several recent tragic injuries and shootings have been reported across the country involving holiday shopping
  

  An increase in violence at shopping malls and store may increase due to the worsening economy says Security Expert, Ralph Witherspoon. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Similar Shooting In Philadelphia K-Mart Example of Potential Claim against Department Store
  

  Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Where Crime Victim Injured Due to Intentional Act of Third Person, Insurance Coverage May Not be Available
  

  In lawsuits for civil damages for the criminal acts of third persons, the question of available insurance coverage is always an issue. When alleging the harm committed, crime victims need to be careful to allege negligence acts to fall within the insurance coverage since intentional acts are typically excluded from coverage. In addition, Pennsylvania appellate courts have held that restitution cannot be covered by insurance as it is against public policy and defeats the purpose of restitution as a means of rehabilitation of the convicted person. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Malls with a history of crime need to consider the security steps being taken to insure the safety of their customers
  

  Tukwila police said gang issues pose special challenges for the mall. Teenagers tend to dress alike, and “99 percent” don’t get into trouble, said Murphy, the Tukwila police spokesman.

  “How can you tell the difference between a kid who’s getting rowdy and a kid who’s there to do a shooting? You can’t,” he said. “Mall security can be accused of profiling if they start picking out people based on how they look.”

  Instead, he said, police and security guards focus on behaviors such as large groups congregating; loud and boisterous behavior; adversarial behaviors; and flashing gang signs. A shooting at the mall in March was found to be gang-related, Murphy said. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Security at shopping malls demands awareness of shoppers according to Security Expert Chris McGoey
  

  Shopping centers come in all sizes from the giant regional malls to the small strip-center with only a few stores. What they have in common is a parking lot. This is where your family is at greatest risk because of the “nature” of a shopping center parking lot. The most common violent crimes committed in the parking lot are stranger-on-stranger purse snatch and strong-arm robbery and occasionally carjackings and abductions. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Design of parking lot, history of crime, and location are keys factors in assessing parking lot safety according to security Expert Chris E. McGoey, CPP, CSP, CAM
  

  Parking lots come in all shapes and sizes from the gigantic high-rise or subterranean multi-level structures to the flat lots of a small retail strip-center with only a few stores. While parking lots provide a great service by allowing us access to retail and office centers, they sometimes create a substantial risk. What determines the relative safety of a parking are governed by three factors. They are 1) the nature of the parking lot, 2) the crime history, and 3) the location. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Six Safety Factors Guests Should be aware of when staying in a hotel or motel
  

  When traveling on business or pleasure, it may become necessary to stay overnight in a hotel or motel. Your hotel room becomes your home for the night and is your sanctuary while you sleep. It is important to give some thought about security planning. What hotel or motel are you going to select, and what room you are willing to accept? The cost of the hotel room is not always the best predictor of how safe the room will be. There are a few security rules of thumb that should apply to any hotel room you rent. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Apartment Security Expert Chris E McGoey Recommends 10 part Security Plan
  

  The truth is that providing adequate security makes good business sense. A relatively crime-free property is good for business. In some markets there is fierce competition among property owners to keep occupancy rates high while still attracting that good resident. Good residents tend to abide by the law, pay the rent on time, sign long leases, make few demands on management, and maintain their apartments in better condition. All of these attributes generate greater net-operating-income for the property owner. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Preventing Crime May be as easy as hiring a doormen or bouncer to deter crime
  

  Nightclub Bar Security

  by Chris E McGoey, CPP, CSP, CAM

  Bouncers are most visible aspect of security in a nightclub or bar is the often the huge guys working in a club. The proper application of bouncers and doormen as part of a nightclub and bar security plan are important. Inadequate security procedures could contribute to the Death of a Nightclub. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Use Deadbolt Locks For Added Security by James Monahan
  

  Installing dead bolt locks is a good starting point in protecting your home and your possessions. This is because deadbolt locks use a special kind of locking mechanism different from that used by ordinary key-operated locks. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Security Expert says design and architectural techniques improve security against crime
  

  some communities have achieved impressive results through neighborhood and architectural design techniques that reduce the opportunity for crime and the need for expensive fortification measures. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• A list of 17 different types of premises where crime victims can be injured due to inadequate security
  

  There are many premises that give rise to inadequate security cases on behalf of crime victims but 17 are the most common. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• In every negligent premises security case, there are 7 keys factors to consider in order to prove negligence
  

  There are key factors that must be considered in determining a landowner or business owner’s liability for negligence security which causes injury to crime victims, including security personnel, equipment, lighting, perimeter control, architecture, design, landscaping, and key control. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• One of the key factors in bringing a case against someone on behalf of a crime victim is the involvement, behavior and conduct of the victim himself
  

  the involvement, behavior and conduct of a crime victim is critical in determining whether a viable case exists against a potential defendant. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• crime victim of rape sues assisted living complex where father lived and receives $1 Million Verdict
  

  An 11 year old girl who was visiting her ailing father at an assisted living facility was forcibly raped by an employee. She sued the apartment complex for failing to provide adequate security and the Judge awarded $1 Million for damages. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• There are 10 key questions every tenant should ask the landlord to make sure the premises are safe and secure from crime
  

  Landlords who have a duty to protect their tenants and provide a safe place to live have liability for the criminal acts of others under a number of circumstances. But before you entered into a lease, ask at least these simple 10 questions of your landlord to make sure that the premises are safe and you won’t be attacked by criminals. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Insurance Companies Cannot Deny Coverage on Basis of Intentional Act Exclusion in Every Circumstance
  

  insurance limitations in cases involving injuries to crime victims as a result of rape, sexual assault, murder or serious personal injury are often made under the “assault and battery exclusion”. However, Pennsylvania’s Supreme Court has recently upheld a Superior Court decision required insurance company’s obligation to defend where allegations of negligence are involved. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Gun dealers alledgedly “lost” an average of 82 firearms every day in 2007
  

  Using newly released federal data, the Brady Center to Prevent Gun Violence revealed that gun dealers “lost” an average of at least 82 firearms every day last year, totaling more than 30,000 firearms unaccounted for in dealers inventory in the fiscal year 2007. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Some Businesses and Types of Premises Give Rise to Greater Number of Crime Victim Cases
  

  While it is impossible to list every type of premise that can give rise to an inadequate security case, there are certain types that give rise to a disproportionate amount of such cases. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Premises Security Experts Need to Investigate and Evaluate Key Elements in a Negligent Security Case
  

  Crime Victim Attorneys along with Premises Security Experts Need to Consider These Key Concepts in any Evaluation and Investigation of a Inadequate Security Case. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Deterrability and Preventability Common Defenses for Landowners in Inadequate Security Cases
  

  Defendants have devised new tactics to defeat crime victims’ claims by arguing that a third party criminal attack was an intervening independent cause of the injury or argues that no matter what security was provided, the criminal would have still attacked the crime victim. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Crime Victims Must Show Landowner’s Negligence in Failing to Provide Security Caused Injuries
  

  Plaintiff must show that the landowner’s negligence in failing to provide adequate security was the proximate cause of the plaintiff’s injuries. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Crime Victims Must Establish Foreseeability on the Part of Landowner in order to Establish Liability
  

  A landowner’s duty to use reasonable care to protect invitees is limited by the element of foreseeability. As a general proposition, a landowner is not the insurer of its invitees safety. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• An apartment complex and security firm agree to settle case of rape victim for $875,000
  

  A 22-year-old woman who was repeatedly raped in July 2006 has settled her lawsuit against the apartment complex where the attack took place and a security company for $875,000. Evidence revealed that the sliding door to the apartment in this complex was easily opened from the exterior. Our law firm will evaluate cases like this FREE of CHARGE and provide you with our FREE BOOK: CRIME VICTIMS GUIDE TO RECOVERING DAMAGES IN CIVIL CASES

• Security Experts Call for more awareness to prevent Shopping Mall Violence
  

  Nationwide, there were at least 18 shootings at American shopping malls between Nov. 18, 2004, and Oct. 8, 2008, according to accounts compiled by a retail trade group. Four additional shootings have been reported since Nov. 22 at malls in Seattle, Atlanta, Miami and Palm Desert, Calif. Combined, the 22 incidents left 38 people dead and 39 wounded.

• Shopping Mall Safety Tips
  

  In light of the recent shopping mall shootings across the country and the workers trampled to death in New York, these important safety tips are important to know. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Wal Mart Employee Trampled to Death
  

  The throng of Wal-Mart shoppers had been building all night, filling sidewalks and stretching across a vast parking lot at the Green Acres Mall in Valley Stream, N.Y. At 3:30 a.m., the Nassau County police had to be called in for crowd control, and an officer with a bullhorn pleaded for order. Suddenly, witnesses and the police said, the doors shattered, and the shrieking mob surged through in a blind rush for holiday bargains. One worker, Jdimytai Damour, 34, was thrown back onto the black linoleum tiles and trampled in the stampede that streamed over and around him. Others who had stood alongside Mr. Damour trying to hold the doors were also hurled back and run over, witnesses said. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Holiday Shopping Safety Tips
  

  The holiday season is a time when busy people can become careless and vulnerable to theft and other holiday crime. The following tips from the Los Angeles Police Department Crime Prevention Section can help you be more careful, prepared and aware during the holiday season. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Pennsylvania Supreme Court Rules that consent is not a defense in civil claim by 13 year old sexual abuse victim
  

  In a case of first impression involving the sexual abuse of a 13 year old who was attending a Phillies game, the Pennsylvania Supreme Court ruled that the issue of a 13 year old’s consent to sexual activity cannot be raised in a civil claim for damages on behalf of the crime victim. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

• Security Lighting May Not always Be that Safe [PDF]
  

  Security lighting while providing security may actually hide some criminal activity on premises. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

School Violence

• Pennsylvania Law Presents Formidable Hurdles for Crime Victims in School Violence Cases
  

  With the potential danger to our colleges on the rise, we need answers more than ever on how to make college life safer and how we should fairly and reasonably allocate the rights and responsibilities of students and universities. Presently university safety law does not send a clear message on how that issue should be met. While parents may view college life like it is portrayed in the college catalogs, university administrations are well aware of the potential dangers. Dan Monahan would be happy to provide you with a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and providing you in advance OUR FREE GUIDES so you?re prepared the ask the important questions about your case.

Automobile Accidents

• Dr. G’s Common Sense Tips on How Not To Die in an automobile Accident
  

  15 Vital tips on safe driving from someone who should know. Dr. Jan Garavaglia, a Florida Medical examiner who has performed numerous autopsies has written a new book, “How Not To Die” which covers many topics but includes an invaluable chapter on automobile safety.

• State Rep Kate Harper Proposes Cell Phone Ban for Teenage Drivers
  

  A new Pennsylvania bill, if adopted into law, would impose new restrictions on cell phone use while driving on 16- and 17-year-old. Should the law pass, Pennsylvania would join 18 other states and the District of Columbia in placing cell phone limits on young drivers. The bill is being sponsored by Rep. Kate Harper.

• Punitive Damages Need to be Considered in many Truck Accident Cases: Here’s Why
  

  Fatalities and serious injuries happen thousands of times across the country every year. Consideration of punitive damages in trucking accident cases need to be considered in every truck/automobile accident case.

• Driving while using a cell phone has been shown to cause accidents. One Pennsylvania legislator wants to ban their use
  

  The use of cell phones while driving can be hazardous to your health according to scientific studies. That’s why one Pennsylvania legislator wants to ban their use except in emergency situations. But anti-government politicians are once again trying to block the legislation.

• Based on years of truck driving experience, a Pennsylvania trucker with a recent close call, offers safety hints to drivers
  

  Every year thousands of motorists are killed in truck accidents. That fact alone should be a reminder to drivers to stay out of the blind spot of 18-wheelers. But Pennsylvania truck driver Nathan Bennet knows all too well about the hazards involved with truck accidents. He was involved in a similar accident years ago.

• U. S. Federal Court Predicts that State Supreme Court will permit lawsuits by uninsured directly against negligent drivers
  

  In a significant victory for uninsured drivers who are victims of accidents through no fault of their own, a federal judge has predicted that the Pennsylvania Supreme Court is poised to lift a court-imposed ban on their seeking awards of economic damages.

• New York Attorney gives practical good advice on what to do and not do if you’re stopped for a traffic violation
  

  Reading these 7 myths about traffic violations may save you money in fines and increased insurance costs. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• States, including Pennsylvania, make it a traffic violation to travel too slow in the fast lane
  

  Pennsylvania Gov. Edward Rendell, weary of having his limo slowed down by such left-lane pokies, ordered an aide to have the Pennsylvania Turnpike Commission install signs a few years ago reading “Keep Right, Pass Left. It’s the Law.” CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Snow tires are still recommended when driving in snow
  

  If you’re driving in winter climes with lots of snow, all season tires might not be enough. Those who know recommend that you use traditional snow tires. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Left Unattended in a car, children can die in less than a Minute
  

  In 2006, more than 205 children died as a result of being left unattended in a vehicle. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Male Drivers More Agressive, Causing greater number of accidents
  

  Males account for 75% of all road traffic fatalities among those under 25 years of age and are more likely to drive at excessive speeds. Teenage male drivers are at least five times more likely to be involved in a crash than drivers aged 30 years and older. In addition, young male drivers have been found to use seat-belts less frequently than other groups. There are many psychological factors that may explain the above statistics. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• The Psychology Behind Why Cell Phone Use is So Dangerous While Driving
  

  Accidents in Pennsylvania involving cell phone use increased by 36% in the past two years despite restrictions mandated in several jurisdictions on cell phone use while driving. Research confirms that multi-tasking in the form of talking and driving is not advisable. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Injuries to the spine and abdomen in motor vehicle accidents increase with ill fitting seat belts on children
  

  As a result of research conducted by Dr. Grewal and some of his colleagues, they determined that children who were secured with ill-fitting seatbelts were at a higher incidence of ?seat belt syndrome.? Seat belt syndrome is the term used to describe injuries to the spine and abdomen suffered in a motor vehicle accident when a seat belt is used. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Quiet Cars such as the Toyota Prius pose real danger to pedestrians in accidents
  

  vehicles such as the Toyota Prius and other hybrids, known as quiet cars, pose a very real danger to pedestrians. Accidents involving quiet cars and pedestrians are on the increase across the country. This is causing many organizations to push for car makers and others involved in the automotive industry to begin looking at safety issues. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Top 6 Tips On Avoiding Road Ragers, according to PA State Police
  

  The Pennsylvania State Police Butler Barracks want to educate everyone who uses Pennsylvania roads about aggressive drivers or ?Road-Rage Warriors.? Some of their behavior include: running stop signs and red lights, tailgating, weaving in and out of traffic, making hand and facial gestures, screaming, honking their horns and flashing their lights. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Insurance Institute Study shows Electronic Stability Program safety feature would reduce fatalities
  

  Electronic Stability Program (EPS) as a standard feature on automobiles would decrease fatal accidents by 43% according to Insurance Institute for Highway Safety Study by preventing or reducing skidding. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Mixture of rain and oil on the road creates dangerously slippery conditions
  

  Rainy weather does have an adverse effect on driving conditions; however, the risks actually decrease if it had rained the previous day. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Children’s Hospital of Philadelphia Study Shows Proper Use of Child Seat Restraints Reduces Injuries
  

  Use of child seat restraints in autos demonstrates reduced injuries to children according to Children’s Hospital of Philadelphia (CHOP) Study. Guide to purchasing car seats and child safety available from CHOP website. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Mandatory Seat belt use and studies for use reducing fatalities
  

  A study performed by researchers of the Department of Preventive Medicine and Public Health of the University of Granada and the Department of Statistics in Spain shows that rear seat safety belt use reduces the risk of death by 44%. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Side impact protection system for automobiles that dramatically reduces risk of injury developed by German scientists
  

  Research scientists from the Fraunhofer Institute in Germany have developed an intelligent side-impact protection system that dramatically reduces the risk of injury. This emerging technology utilizes radar sensors and cameras in the doors which can predict a lateral collision just milliseconds before the crash. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• The danger of accident while driving and text messaging demands action according to the American Medical Association
  

  (AMA) agreed to ?lobby for more state legislation banning text-messaging while driving or operating machinery.? Numerous cities and states have already passed legislation making texting while driving illegal. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Car Accident Fatalities Will Decrease 43 percent If Cars Have Electronic Stability Program as Standard Feature
  

  A 2006 study conducted by the Insurance Institute for Highway Safety concluded that fatal accidents would decrease by 43 percent if all vehicles were equipped with Electronic Stability Program (EPS) as a standard feature. As a result of this study and many others worldwide, the National Highway Traffic Safety Administration mandated that all vehicles come equipped with EPS as a standard feature by the year 2012. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Discover the Reason Why Driving While Using a Cell Phone is So Dangerous
  

  With the use of cell phones while driving has increased dramatically in Pennsylvania, research shows that this type of multi-tasking is dangerous because preparing to talk and actually speaking put far more demands on the brain than just listening. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Requiring Drivers older than 80 Reduces Automobile Deaths
  

  A Florida law requiring drivers 80 years and older to have their vision tested appears to have reduced the number of driving deaths among older people according to an article in the November 2008 issue of Archives of Ophthalmology. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Deer Season in Pennsylvania Increases Risks of Auto Accidents
  

  As the fall breeding season commences, the number of automobile/deer collisions increase which causes Pennsylvania to have the third highest number of deaths in the nation from these types of accidents. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Why the number of pedestrian and bicycle injuries has remained steady
  

  In States like New Jersey where residents love their cars, officials have been trying for years to reduce the high number of pedestrian and bicylist deaths. John Boyle, advocacy director for the Bicycle Coalition of Greater Philadelphia believes that municipalities need to implement state guide lines in order to effect a decrease in the number of accidents and fatalities. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• If Nobody Tells You that You Can drive the Car, You may not be covered by insurance
  

  Because the person who caused an accident had neither expressed nor implied permission from the owner to operate the vehicle, the insurance company had no duty to provide liability coverage for the injuries sustained. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Where Wife Witnesses Her Husband’s Fatal Auto Accident, She is Not Entitled to Payment of Medical bills
  

  Where the wife witnesses her husband’s fatal accident and then is treated for post traumatic stress disorder, the insurance company who insured their auto is not responsible for paying her medical bills because the injuries were not the result of a bodily injury. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• If you own a car without the required auto insurance, you won’t be able to collect medical and wage loss benefits even if the car you were driving is insured
  

  The Motor Vehicle Financial Responsibility Act clearly makes the owner of a registered motor vehicle ineligible to recover first party benefits when the owner fails to meet the requirements of financial responsibility. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Does Zero Mean Zero Or an you get a New Trial When the Jury Awards Nothing
  

  If a jury awards no damages for pain and suffering when the evidence clearly shows that the injured party sustained damages that cause pain and suffering and the responsible party admits that he caused the accident, you are permitted to get a new trial on appeal.CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Consumers Need to Read Auto Insurance Policies Carefully-Court Again Restricts Coverage
  

  Police Officer denied underinsured motorist benefits because accident involved non-used vehicle. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Pennsylvania Courts Have Now Defined Motor Vehicles To Include “Dirt Bikes”
  

  After years of court cases arguing about the definition of motor vehicle, the Pennsylvania Courts have defined “dirt bikes” as not being recreational vehicles, and therefore, entitling injured riders to insurance coverage. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• If Your Insurance Agent Won’t Take the Time, I Will
  

  Pennsylvania laws only require individuals to have minimal insurance coverage of $15,000 per person and $30,000 per accident. The best advice any owner of a motor vehicle can receive is to increase their insurance coverage for underinsured and uninsured drivers who inflict serious and permanent injuries on you and your family. Plus, no matter what anyone tells you, always select Full Tort. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Supreme Court Reverses Favorable Decision for Consumers of Auto Insurance
  

  Pennsylvania rules that require insurance companies to obtain “written waiver” on newly obtained vehicles in order to avoid stacking of underinsured and uninsured motorist insurance coverage. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• You Can’t Have it Both Ways: By Waiving Your Comp Lien, You may be Shortchanging Your Third Party Auto Claim
  

  In an auto accident case where an injured worker settled his workers’ compensation case and agreed to the insurance carrier’s right to collect its past payments, the worker may not be able to seek additional wage loss and medical benefits in the underinsured/uninsured motorist case. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Woman Charged After Multi-Victim Accident in West Philadelphia
  

  A driver in West Philadelphia, Pennsylvania was charged after colliding with a police van. She was reported to have had open containers of alcohol in her vehicle. Four people involved in the accident were taken to the hospital. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• UPS Truck and Cyclist Involved in Accident August, 2007
  

  On August 11, 2007 a UPS truck and bicyclist were involved in an accident. The cyclist was hospitalized due to a head injury. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Accident Involving Motorcycle and Car in Warrington, Pennsylvania
  

  An accident in Warrington, PA involving a motorcycle and car was reported on August 29th, 2007. One party was hospitalized. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Consumers Win Two Important Battles for Underinsured Motorist Benefits in recent PA Supreme Court and Federal Court Cases
  

  CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• 
  

  A social host is negligent per se in serving alcohol to the point of intoxication to a person les than 21 years of age. A defendant who knowingly allows his or her premises to be used for the purpose of serving alcohol to minors may be liable even where another provides the alcohol. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Automobile death rates for teenagers continues to increase
  

  Vehicular crashes are the leading cause of death for kids ages 15 to 20, Assuras reports. Fifteen of them die every day because of inexperience behind the wheel, excessive speed, too many passengers in the car, or alcohol.

• Easy Suggestions to Avoid Car Accidents
  

  Being involved in a car accident is not very unusual. But each one of us also knows of drivers who have never had a single accident in their entire driving careers. Wouldn’t all of us want to be like them? What is it that helps these people avoid accidents and hence serious injuries and fatalities?

• Death Rates for Infants in Motor Vehicle Crashes
  

  Despite efforts to reduce motor vehicle fatalities and injuries via restraint laws, speed limits, and alcohol awareness programs, these injuries remain one of the most frequent causes of death and disability for children.1 Although there is little doubt that use of seat belts reduces fatalities, 2,3 serious injuries, and concomitant medical costs, 3,4-11 belts can cause certain injuries, particularly in the 4-to-9 age group, in which children are too big for child safety seats and too small for adult belts.12 Injuries associated with belt use include chest and abdominal injuries,l3-16 cervical spine fractures,17 cardiac contusion,18 and rupture of the stomach.19

• What all drivers should know about Motorcycles in Traffic
  

  Riding a motorcycle in traffic is different than driving a car and motorcyclists will reduce their chances of injury by following these 13 Rules of the Road

• Kids At Higher risk for injury in front seat
  

  Children up to 14 years of age may be at risk for serious preventable injury when seated in front of a passenger air bag, and children 15 to 18 years of age seem to experience protective effects of air-bag presence and deployment. Age may be a better marker than height or weight for risk assessment regarding children and air bags.

• Harvard Center for Risk Analysis of Boston, Massachusetts Study Children, Airbags, and Auto Safety
  

  This review examines the risk that passenger airbags pose for children and discusses behavioral and technologic measures aimed at protecting children from airbag deployment. Although airbags reduce fatal crash injuries among adult drivers and passengers, this safety technology increases mortality risk among children younger than age 12. The magnitude of the risk is multiplied when children are unrestrained or restrained improperly. As new vehicles are resold to buyers who tend to be less safety-conscious than new car owners, the number of children endangered by passenger airbag deployment may increase.

• Medical Study shows Child Restraints reduces Death and affects specific anatomic injuries
  

  Although use of pediatric retraints is associated with reducing morbidity and mortality, the injury distribution for specific anatomic sites may be altered in restrained vs unrestrained children.

• Motor Scooter Enthusiasts Discusses the Safety of Motor Scooters
  

  Motor scooters, both electric scooters and gas scooters, are a style of motorcycle that have a step through frame and have become a very popular method of travel all over the world. And although they are an object of desire for many they can also be dangerous for many.

• Bicyle Safety requires common sense and following the rules of the road for bicycles, not cars
  

  Annually, about half a million bicycle related injuries occur. In addition, according to the National Highway Traffic Safety Administration, a bicyclist is killed approximately every six hours. However, most bicycle crashes are predictable and preventable by using proper precautions on the part of bicyclists and motorists.

• PENNDOT RECOGNIZES MAY AS MOTORCYCLE SAFETY AWARENESS MONTH
  

  ay is Motorcycle Safety Awareness Month and with summer just around the corner, PennDOT is reminding motorists and motorcyclists to share the road by curbing aggressive driving and operating vehicles in accordance with common sense, courtesy and the law.

• How Old Is That Child? Validating The Accuracy Of Age Assignments In Observational Surveys Of Vehicle Restraint Use
  

  Many large scale observational studies of child restraint usage require observers to estimate the ages of the vehicle occupants. The accuracy of age assignments were assessed and possible methods to improve observational accuracy in research and field studies of child restraint use were identified.

• The 4 Most Important Safety Rules for Children Riding Scooters
  

  scooters are most likely sharing the road with vehicles that significantly outweigh them and can easily overtake them. By using common sense and some very simple safety tactics, scooter riders can effectively, and safely, share the road with other vehicles.

• Rising Use of Scooters Increases Need to Legislation to Regulate Use and Provide Safety to Users
  

  With scooter retailers reporting sharply higher sales of the small, largely unregulated vehicles, some transportation experts say more regulation may be needed to keep drivers safe.

• The need and type of various helmet laws is examined in study
  

  The statistics tell the story of why motorcycle helmet laws are necessary along with a state by state summary of relevant laws.

• Author Alan Haburchak Shows how parking lot design and safety training can reduce the number of bus accidents involving children
  

  According to the National Highway Traffic Safety Administration, over 25 million students are in school with an average of 500,000 school buses on the roads. While school buses are statistically one of the safest modes of transportation, more than twice as many children are killed while getting on or off school buses than while riding in them

• Simple rules for pedestrian safety to reduce injuries
  

  In 2003, the NHTSA reported that 4,749 pedestrians were killed and 70,000 were injured in traffic-related crashes. On average, a pedestrian is killed almost every two hours and injured every 8 minutes.

• Causes of bus accidents are varied and more complex than many motor vehicle accidents.
  

  Bus accidents are more complex than many other motor vehicle collisions for several reasons. In addition to involving a larger, heavier vehicle, dozens of passengers, and safety features which vary from state to state and bus to bus, accidents involving buses must also deal with the complicated task of assigning and proving liability.

• Tire Company Lists Safety Tips for Driving in Winter Weather conditions
  

  Bridgestone/Firestone worked with IMSA and SCCA championship race car driver Peter Cunningham (also a three-time national ice driving champion), in developing these safe winter driving tips.

• Statistics for Truck and Bus Accidents including fatalities
  

  The Center for National Truck and Bus Statistics was established in 1988 to formalize the national program to collect and analyze truck accident data, which had begun with the 1980 data year. Since then the program has expanded to include a survey of bus crashes

• NHTSA Policy and FAQs on Cellular Phone Use While Driving
  

  The primary responsibility of the driver is to operate a motor vehicle safely. The task of driving requires full attention and focus. Cell phone use can distract drivers from this task, risking harm to themselves and others. Therefore, the safest course of action is to refrain from using a cell phone while driving.

• 2008 model year rollover and crash test ratings announced by National Highway Traffic Safety Administration
  

  The National Highway Traffic Safety Administration today announced the 2008 model year rollover ratings and crash test results for vans and pickup trucks (see chart below). Top scorers in the safety tests include seven vans and 15 pickup trucks.

• Pedestrians are at risk for accidents when talking on the cellphone
  

  Apparently, the first “Text Messaging” pedestrian death was noted in a police report recently, but most cell phone and text messaging industry analysts do not believe it was the first. Rather, they believe it was the first one to be documented

• National Association of Insurance Commissioners (NAIC) Cite Top Insurance Complaints for 2007
  

  According to data released by the National Association of Insurance Commissioners (NAIC), the top three reasons consumers filed formal complaints against their insurance companies in 2007 were delays, denials of claims and unsatisfactory settlement offers. Policy cancellations and premium/insurance rating issues completed the top five.

• Motorcycle Helmet Laws
  

  summary of motorcycle helmet safety laws

• Children in Car Seats Better Behaved and therefore Safer for Driving
  

  Children riding in car seats were found to have behaved much better than their unrestrained counterparts

• SUV’s show highest trends in traffic fatalities says NHTSA Study
  

  National Highway Traffic Safety Administration reports on fatality trends which shows SUVs with highest trends

• TIPS on bike safety
  

  According to Michael Bluejay ?your #1 goal should be to avoid getting hit in the first place. Plenty of cyclists are killed by cars even though they were wearing helmets.

• Bicycle Safety
  

  bicycle safety tips available through website

• Study shows Correlation between adults not wearing seatbelts and children not wearing seatbelts
  

  Studies conducted by the National Highway Transportation Safety Administration (NHTSA) show that there is a strong correlation between restraint use of the adult driver and that of young passengers in the same vehicle.

• Three point safety belt more likely to protect fetus in auto accident, study shows
  

  Crash tests are currently being performed with the first pregnant crash test dummy. The purpose of these tests was to determine the effect of various restraint conditions on the unborn fetus

• Another Study shows Hy-brids dangerous to visually impaired
  

  An ongoing study at UC Riverside has complied data that quiet running hybrid cars may pose a risk to pedestrians. However, federal traffic safety regulators state there is no evidence that a pedestrian has been killed or seriously injured by an hybrid

• Children at Risk death in Automobile backover accidents
  

  Since 2002, there have been more than 9,000 non-traffic injuries involving children. Many of these accidents involved a motor vehicle backing up and striking a child because the driver was unable to see the child. In 2006 alone, 209 children were killed in these non-traffic accidents.

• Recent Study Outlines Statistic Analysis of Accidental Deaths
  

  Accidents are the third most common cause of death among American males, but only the seventh most common cause of death among American women. More surprising is accidents were the number one cause of death of those between the ages of one and 29 in the U.S. Accidents claimed the lives of 12,752 young people between the ages of 15 and 24.

  What probably comes as little surprise is motor vehicle accidents (MVAs) are the number one type of accident, accounting for 44.3% of the deaths resulting from an accident. Falls come in a very distant second with only 17.8%.

• Stacking Insurance coverage waivers, if already signed,not necessary when acquiring new car
  

  The Pennsylvania Supreme Court in the case of Sackett II v. Nationwide Insurance Company holds that when car is added to pre-existing multi-vehicle policy, new stacking waivers are not necessary.

• Language of a release applicable to any wrongdoer prevents suits against other defendants
  

  The Court agreed and the Superior Court upheld the finding that the language of the release was unambiguous and applicable to all the tortfeasors including Ford. The releases signed discharged the driver and “all other persons, firms, or corporations.”

• In auto accident involving two separate injuries, GEICO denied exclusion for coverage
  

  coverage for the first accident on the theory that “coverage does not apply to bodily injury while occupying…a vehicle owned…by you.”

• Supreme Court of Pennsylvania to consider whether deceased son can recover under two different insurance policies even though he lived with one parent
  

  Question of whether deceased child’s estate and parents can collect under separate auto insurance policies when parents are separated and living apart, undecided by Pennsylvania Courts. Supreme Court to consider issue.

• National Highway Traffic Safety Administration Electronic Device Use Study
  

  This survey showed that hand-held cell phone use by drivers increased to 6 percent in 2007 compared to 5 percent in 2006. The 2007 rate translates into 1,005,000 vehicles on the road at any given daylight moment being driven by someone using a hand-held phone.

• Smile You’re On Candid Camera: Speed cameras reduce speeding
  

  The Insurance Institute for Highway Safety compiled data on the effectiveness of speed cameras in reducing speeding. The results were very impressive.

• Motor Vehicle Accidents Cause More Deaths than any other Injury
  

  Motor vehicle accidents (MVAs) are the number one type of accident, accounting for 44.3% of the deaths resulting from an accident. Falls come in a very distant second with only 17.8%.

• Hands Free Phone devices not as safe as you may think
  

  A study from the NHTSA conducted in September 2004 found drivers using hand held cell phones had to redial calls 18% of time whereas drivers using hands free devices had to redial more than twice as many times ? 40% of the time. Researchers suggested hands free devices ?may provide drivers with a false sense of ease.?

• http://www-nrd.nhtsa.dot.gov/Pubs/810968.PDF
  

  This report was published in June 2008 by the National Highway Traffic Safety Administration. It uses data from 1997 – 2006 with regard to pedestrian/motor vehicle collisions.

• Pennsylvania’s Motor Vehicle Financial Responsibility Law does not apply to fleet policies
  

  Although the insured never signed a waiver of stacking form, the Supreme Court agreed with PMA which denied the claim holding that Pennsylvania’s MVFRL does not apply to fleet policies and that the decedent Everhart was not a class one insured.

• Snowmobile All Terrain Vehicle is a Recreational Vehicle and not an Uninsured motor Vehicle
  

  Court held that the insurance policy exclusion of ATV’s from the definition of “uninsured motor vehicle” was permitted under the laws of Pennsylvania.

• Dirt Bikes that collide with Insured Vehicles are uninsured motor vehicles
• Risk of Eye Injury due to air bags is less than without them
  

  Of all occupants who were exposed to an air bag deployment, 3% sustained an eye injury as compared to 2% of occupants not exposed to an air bag deployment sustained an eye injury.

• Teaching Children to wear seat belts and other safe driving habits reduces risks of injury
  

  Studies found that after children completed the program their use of safety seat and/or seat belts increased approximately 22 percent. If children are taught these safety tips at an early age, it is hoped they will continue those habits throughout their lives and even help influence older family members to buckle up.

• Obtaining Underinsured Motorist Coverage for policy you did not pay for, disallowed by Superior Court
  

  When injured while driving a cab home, you cannot bring an uninsured motorist insurance claim against your personal auto insurance carrier

• Sleep before driving Just as important as Driving while Sober
  

  One study showed that driving drowsy can be just as dangerous as driving drunk.

• Slowing down while driving in wet weather may be the safest thing a driver can do
  

  many drivers underestimate the dangers that rain can pose. For this reason, more people are apt to venture out in wet weather and do not realize the need to reduce speeds when traveling on wet roads

• A Complete List by Category of the Safest Cars on the Road for 2009
  

  Every year the Insurance Institute for Highway Safety releases its list of the safest cars on the road today. Below are the cars the Institute rated as the safest cars of 2008.

• If You Think it’s Safe to Driver While Using Your Blue Tooth, Think Again
  

  The study found that using a hands free cell phone can be as dangerous as driving under the influence of alcohol. The study showed ?motorists who talked on hands-free cell phones were 18% slower in braking and took 17% longer to regain the speed they lost when they braked.?

• How tall you are may be a factor in automobile air bags providing safety in accidents
  

  One of the most important factors affecting air bag safety is the weight and, especially, the height of the vehicle?s occupants. Since height and weight are closely linked to gender, the effectiveness of air bags differs greatly for men and women.

• Vehicle Back Up Accidents Leading Cause of Fatalities Among Children
  

  One of the leading causes of non-traffic child fatalities occurs from back over accidents. Between the years of 2001 and 2006, these types of accident accounted for almost half of all non-traffic fatalities involving children.

• The Cost of Crashes and Congestion on Society
  

  The study found that both crashes and congestion take a toll in terms of costs to society; however, the cost of human life is always found to be higher. AAA concluded that if Federal, state and local leaders committed themselves to prioritizing safety on all future transportation planning, they would not only save lives and prevent injuries, but they would also reduce congestion.

• Full Tort versus Limited Tort, Is it Really an Option?
  

  The decision to select the limited tort or full tort option when purchasing Pennsylvania automobile liability insurance is one of the most important decisions a consumer will make. All Pennsylvania requires minimal insurance coverage, there are many considerations to be made when deciding to give up a consumer’s right to bring a lawsuit or claim against a negligent driver for non-economic damages or what is commonly known as pain and suffering. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

• Riding without a Motorcycle Helmet, Are You Crazy?
  

  Pennsylvania recently passed a law allowing motorcycle drivers to ride without a helmet. Before you do so, you should read this interesting article about some of the statistics for injuries involving motorcycles. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE GUIDE on 71 QUESTIONS about your AUTO ACCIDENT CASES before you HIRE A LAWYER.

Work Injuries

• Employers may file second Petition for Termination in certain Cases
  

  If first termination petition was denied by finding of continued subjective complaints of pain, a second termination petition may be filed if the employer shows that there has been a change in condition by virtue of claimant being “pain free”. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA?S WORKERS? COMPENSATION LAWS.

• In cases that are settled by Compromise & Release, if the claimant dies before a decision is rendered, the Agreement is null and void
  

  Where claimant and employer reach an agreement to settle a compensation case, and where claimant testifies before a Judge, if the claimant dies before the issuance of a formal decision, the settlement is null and void and employer is not required to pay settlement. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA?S WORKERS? COMPENSATION LAWS.

• Court in Pennsylvania holds that an employer who reimburses a DPW/Medicaid lien cannot be held responsible for amount medical providers would be entitled to under WC Act
  

  The Commonwealth Court of Pennsylvania has held that where an employer agrees to reimburse a DPW/Medicaid lien in a disputed Claim Petition for Workers’ Compensation benefits, that they cannot be held liable for the difference between that amount and the 113% of Medicare to which the healthcare providers would otherwise be entitled under the Workers’ Compensation Act. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA?S WORKERS? COMPENSATION LAWS.

• In a new case, the Pennsylvania Commonwealth Court limits the ability of claimant’s to seek expansion of definition of work injury
  

  Where claimant seeks to expand the nature of a work injury by Petition for Review and later resolves the matter, claimant is precluded from seeking further action to change the nature of the original work injury. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling 1-866-307-3888 and order OUR FREE COMPREHENSIVE GUIDE to PENNSYLVANIA?S WORKERS? COMPENSATION LAWS.

• When you’re layed off from work, you may be entitled to reinstatement of workers’ compensation depending on certain factors
  

  If you were injured on the job and later returned to work, but were then layed off in the economic downturn, you may be entitled to a resumption of your workers’ compensation benefits

• Suspension of Workers’ Compensation benefits can only be done under specific circumstances
  

  The suspension of weekly wage loss benefits is generally only possible by agreement of the parties, an order of a workers’ compensation judge, or the failure to file appropriate forms in some circumstances.

• Modification or change in the amount of workers’ compensation benefits can only be accomplished under specific circumstances
• Petition to Review an agreement for payment of compensation is used to correct mistakes
  

  When either party, employee or employer, believes that a mistake has been made with respect to an agreement for workers’ compensation benefits, they may file a Petition to Review.

• In specific circumstances where there has been certain changes, your weekly workers’ compensation wage benefits can be reinstated
  

  Under a variety of circumstances, most compensation may be reinstated with the exception of cases terminated by Compromise and Release agreements

• Most Workers’ Compensations Cases in Pennsylvania Resolved by Compromise & Release Agreement
  

  The compromise and release agreement is a mechanism to resolve all agreed to and disputed workers’ compensation claims under the Pennsylvania Workers’ Compensation Act.

• Wages and medical expenses paid by employer in lieu of workers’ compensation may be recovered by payor
  

  If a workers’ compensation claim is denied and an employer or insurance company pays wages or medical expenses before workers’ compensation is established, those payments may have to be repaid.

• Reasonable and necessary medical expenses related to work injury
  

  Employers run a risk in not paying for causally related medical expenses and have the burden of proving that medical expenses are not reasonable or necessary

• Employees required to treat with designated panel physicians in certain circumstances
  

  treatment for work injuries in the first 90 days is required to be with an employer designated physician so long as the employee receives written notice of the requirement at the time of hire and at the time of injury.

• Failure to file appropriate reporting forms has serious consequences under the workers’ compensation act
  

  Employees receiving workers’ compensation benefits are required to file appropriate forms or suffer the possible suspension of benefits or charges of fraud

• Employers are obligated to file various notices under the Pennsylvania Workers’ Compensation Act
  

  employers are required to file certain forms before permitting change in workers’ compensation benefits

• In limited circumstances where employer has presented an unreasonable contest to employee’s petition, attorneys fees may be assessed against employer
  

  The award of counsel fees for defendant’s unreasonable contest is made by the Judge based on a variety of factors. Employers can raise many issues to establish a reasonable basis for the contest.

• At employer’s request injured worker must submit to medical exam at any time after work injury
  

  Employers are entitled to periodic medical examinations of employees, usually twice per year, and failure to submit to a court ordered exam may result in a suspension of benefits.

• To assess earing power of employee, employers are entitled to vocational expert examination of the injured worker
  

  Like required medical examinations, failure to submit to a court ordered vocational exam may result in a suspension of workers’ compensation benefits.

• If requested, an employee must submit to an impairment rating evaluation after 104 weeks of compensation
  

  Impairment Rating Evaluations permit the employer to evaluate the employee after receipt of 104 weeks of total disability benefits to limit the number of additional weeks of compensation

• Employers have the burden of proof to prove that employee’s disability has ceased or that current disability not related
  

  Employers must show through medical evidence that all disability has ceased in order to obtain a termination of workers’ compensation benefits.

• Termination of death benefits in Pennsylvania is limited to specific circumstances
  

  Termination of death benefits is permissible for meretricious relationship, prostitution, remarriage, and change in dependency status

• FREE BOOK ON WORKERS’ COMP
  

  Co-employees cannot be sued in a work injury regardless of their fault

• Free Book on PA’s Confusing Workers’ Compensation Laws available
• Find out if you’re an employee or an independent contractor with these four questions
  

  The employment relationship requires certain key elements to be established under Pennsylvania law

• The definition of independent contractor precludes workers’ compensation
  

  whether someone is an independent contractor and not an employee under Pennsylvania’s workers’ Compensation Act is principally determined by assessing elements of control in the relationship

• Workers’ Compensation Act specially defines what injuries are excluded
  

  There are six statutory exclusions for the payment of Pennsylvania workers’ compensation benefits.

• Pennsylvania Law requires you to report your work injury within 120 days
  

  if you fail to provide notice of your work injury to your employer within 120 days, your claim will be barred.

• Indemnity Payments are paid depending length of disability
• Bureau of Workers’ Compensation Provides Statewide Average Weekly Wage Rates
  

  The year calculation of average weekly wage changes and you can obtain the rates from the Bureau of Labor and Industry Website for Workers’ Compensation

• Earning Loss One of Six Benefits for Work Injuries
  

  Compensability for wage loss is based on an injury that produces disability resulting in a loss of earning power.

• Death Benefits is one of six benefits for work injuries
• Added Benefits for Illegally Employed Minors One of Six Benefits for Work Injuries
  

  Employers must pay a 50% penalty for the illegal employment of minor workers.

• Standard for loss of sight is loss for all practical intents and purposes
  

  loss of sight compensation whether totally destroyed or lost for all practical intents and purposes.

• Workers’ Compensatin is Offset by Unemployment, severance, pension, and social security retirement benefits
  

  The receipt of other benefits is permitted while receiving workers’ compensation but certain offsets apply

• PA Supreme Court rles that employer that previously lost a termination petition must show change in condition before seeking termination of benefits again
  

  Once previous decisions by a Workers’ Compensation Judge recognize certain injuries, the employer bears the burden of showing a change in physical condition before being able to seek termination of benefits again.

• IObtain FREE BOOK on PA Workers’ Compensation Laws from Attorney Daniel Monahan
  

  Employer that admitted injury took place, admitted claimant missed time from work and filed Notice of Temporary Compensation Payable (NTCP) cannot later issue “qualified denial” without risking penalties and counsel fees

• Discover Your rights to Pennsylvania Workers’ Compensation Benefits in FREE BOOK authored by Trial Lawyer Daniel Monahan
  

  The employer is not entitled to a Social Security Retirement set off when the benefits being paid are in the nature of a fatal claim/death benefits.

• FREE BOOK on Pennsylvania’s Confusing Workers’ Compensation Laws available from experienced Lawyer
  

  The doctrine of joint and several liability may exist under the Pennsylvania Workers’ Compensation Act involving nominal bankrupted uninsured employee leasing firm

• Before IRE Evaluation, Evaluating Doctor Must Show Injured Worker has reached Maximum Medical Improvement
  

  The Pennsylvania Commonwealth Court found in August 2008 that for an AMA Guides physician/evaluator to provide a valid impairment rating under the Pennsylvania workers’ compensation act, he must first determine that the injured worker has reached maximum medical improvement, also known as “MMI”.

• New Rand Corporation Study commissioned by the Commonwealth of Pennsylvania Evaluates Overall Performance of Workers’ Compensation System
  

  Primary aim of study by Rand Corporation of the Pennsylvania workers’ Compensation system were to identify and explore major policy issues and to recommend options in addressing issues in the future

• Taking Your Pension and Withdrawing from the Work Force May Affect Your Weekly Compensation Benefits
  

  Taking retirement and social security retirement benefits will affect your weekly workers’ compensation benefits. Taking your pension may allow employer to argue that you have withdrawn from the work force and reduce your workers’ compensation wage loss benefits.

• Court Defines Prompt Notification Requirements of Workers’ Compensation Act
  

  In a recent Commonwealth Court case examining the insurance companies’ requirement to provide injured workers’ with Notice of Ability to Return to Work, the court held that as a condition that must be met before an Earning Power Assessment can be made, the employer is required to give workers “prompt written notice” of his release to return to work. Although the precise time is not set forth in the revised Act 57 changes to Workers’ Compensation, the court found that the criteria for reasonableness of the timely notice would be made on a case by case basis. In the case involving a registered nurse who had injured her back in 2004, the Court found that notification 5 months after a medical examination by a company designated physician was too long to wait. Without setting forth a specific time deadline, however, the Court did state that notification within one month would have been satisfactory.

  Claimant’s who are currently receiving compensation benefits can expect to receive these forms after being examined by a company physician, but also after a treating doctor gives an opinion of the ability to return to modified employment. Injured workers would be best served by contacting a competent workers’ compensation attorney to discuss these kinds of changes whenever they receive such a form.

• Beware: The Amount of Pension Offset an Employer Can Take From Workers’ Compensation Weekly Wage Loss Benefits Depends on Amount of Employer Contribution to Pension Plan
  

  The question of whether an employer is entitled to an offset after receipt of pension benefits after the effective date of the 1996 amendments to the Workers’ Compensation Act was answered by the Commonwealth Court in a recent case that allowed the credit for the percentage of employer contribution

• What You Need to Understand About Medical Benefits Under the Workers’ Compensation Act
  

  If you have completed 90 days of treatment with a company designated doctor or your company did not have a list of company designated doctors, you can treat with any doctor of your own choosing so long as they are practitioners of the healing arts

• Only when your employer or insurance company has denied that you sufferred a work injury or the extent of the injury or where your employer or insurance company is trying to stop or modify your benefits do you need to pay an attorney
  

  Most work injuries are voluntarily accepted by the insurance company and only in some situations to you need to hire and pay an attorney

• You Need to Consider the Effects of Receiving Social Security or Pension Retirement Benefits on Workers’ Compensation
  

  Once you begin receiving social security retirement benefits (known as Old Age) or company pension benefits, your continuing workers’ compensation benefits will be reduced

• Even if you have returned to work or your injury has changed, you can still seek to have your workers’ compensation benefits reviewed and reinstated
  

  If you return to work and later suffer a decrease in wages related to your original workers’ compensation injury or if your injury turns out to involve additional injuries that you didn’t know about, you can file a Petition to either Reinstate or Review your workers’ compensation benefits.

• Workers Entitled to Specific Amount of Weekly Benefits When They Lose Certain Body Parts
  

  In an attempt to award compensation benefits when a worker loses a particular body part such as a hand or a foot, the Pennsylvania Workers’ Compensation Act has a fixed schedule of benefits regardless of the number of lost weeks from work

• Even If Double Amputee is Back to Work, He Can Still Collect Total Workers’ Compensation Benefits, Says Court
  

  Court rules that double amputee who returns to work can still collect total disability benefits from worker’s compensation. For more information on Pennsylvania’s Confusing Workers’ Compensation Laws, visit our website and obtain FREE VALUABLE INFORMATION

• Settling Your Workers’ Compensation by a Compromise & Release Agreement Will Not Extinguish Employer’s Right to Reimbursement in Third Party Case
  

  To Learn about Pennsylvania’s Confusing Workers’ Compensation Laws and to know why your Attorney should understand how workers’ compensation benefits impact your third party case, ORDER your FREE BOOK ON WORKERS’ COMPENSATION by BOARD CERTIFIED TRIAL ATTORNEY DANIEL F. MONAHAN

• Traveling to and from Client’s Home May be Compensable
  

  Learn about PA’s confusing workers’ compensation laws and ORDER FREE Dan Monahan’s BOOK, THE CONSUMER’S GUIDE TO PENNSYLVANIA’S CONFUSING WORKERS’ COMPENSATION LAWS

• Navigating the Maze of Medical Reimbursement for Pennsylvania Work Injuries: What every Claimant, and Doctor, Ought to Know
  

  Pennsylvania workers’ compensation act has specific provisions for payment of medical bills related to work injury.

• Construction Worker Injured after Building Collapse
  

  A construction workers fall and injury in Philadelphia, PA, highlights the dangers associated with the construction industry.

• Solvent Spill leads to Hospitalizations, Closure of Buildings
  

  Contaminated packages were delivered to a hospital in Allentown, PA. Over a dozen people were treated at Saint Luke?s hospital.

• Supreme Court Rules that if Employers Fires You for Pre-injury Disciplinary Infraction, that’s Okay
  

  Pennsylvania employers are perfectly able to legally fire injured workers even if the disciplinary infraction occurred before the work injury.

• Injured Workers Cannot Unilaterally Avoid Subrogation Claims by Carriers
  

  Widow’s attempt to “disclaim” inheritance as a result of recovery in an third party accident case does not circumvent the subrogation rights of Pennsylvania’s workers’ compensation insurance carriers who have paid benefits for wage loss and medical benefits.

• Who Else Is Responsible for Your Injuries Besides Your Employer
  

  The Key Things Every Injured Worker Should Know About What Damages They Can Get

Firm Newsletters

• December 2008 Newsletter [PDF]
  

  Celebrate the peace and beauty of the holiday season! We wish you and yours happiness and good health

  in the coming year. We would also like to say thank you for choosing our legal services and for referring your family, neighbors, and colleagues to us.

  Monahan Law Practice, P.C.

• Pennsylvania Accident Attorney Monahan Newsletter Winter 2008 [PDF]
• Pennsylvania Accident Attorney Monahan Newsletter Summer 2008 [PDF]
• Pennsylvania Accident Attorney Monahan Crime Victim Alert Newsletter [PDF]
  

  The news bulletin for crime victims and concerned citizens who want to stay up-to-date on the latest laws, latest developments, and key court decisions affecting crime in Pennsylvania.

• Pennsylvania Accident Attorney Monahan Newsletter Spring 2007 [PDF]
• Pennsylvania Accident Attorney Monahan Newsletter May 2007 [PDF]
• Pennsylvania Accident Attorney Monahan Newsletter Fall 2006 [PDF]
  

  Read Dan Monahan’s Pennsylvania Accident Attorney Fall 2006 Newsletter

• Pennsylvania Accident Attorney Monahan Newsletter Fall 2006 Vol II [PDF]
  

  Dan Monahan’s Pennsylvania Accident Attorney Newsletter Fall 2006 Volume II

• Pennsylvania Accident Attorney Monahan Newsletter Winter 2007 [PDF]
  

  Pennsylvania Accident Attorney Dan Monahan’s Newsletter Winter 2007

• Pennsylvania Accident Attorney Monahan Newsletter Winter 2007 Volume II [PDF]
  

  Pennsylvania Accident Attorney Dan Monahan Newsletter Winter 2007 Volume II

General

• First Successful Treatment For Chronic Traumatic Brain Injury In Rats
  

  A research team led by Dr. Paul Harch, Assistant Professor of Clinical Medicine at Louisiana State University Health Sciences Center New Orleans and Director of the LSU Hyperbaric Medicine Fellowship Program, has published findings that show hyperbaric oxygen therapy (HBOT) improved spatial learning and memory in a model of chronic traumatic brain injury.

• Fluids Given To Brain Injury Patients Impact Survival Rates
  

  A landmark Australian and New Zealand intensive care study has provided vital information for the treatment of patients with brain injuries. The results of the SAFE-TBI Study, published recently in the New England Journal of Medicine, confirm that the choice of resuscitation fluids affects the chances of patients with brain injury surviving. This study confirmed that patients resuscitated with albumin-based fluids immediately following brain injury, had a higher death rate than those who received saline.

• Imaging shows structural changes in mild traumatic brain injury
  

  Researchers report that diffusion tensor imaging can identify structural changes in the white matter of the brain that correlates to cognitive deficits even in patients with mild traumatic brain injury.

• Intensive training post-spinal cord injury can stimulate repair in brain and spinal cord
  

  Intensive rehabilitation training for patients with spinal cord injuries can stimulate new branches growing from severed nerve fibers, alongside compensatory changes in the brain, say Canadian researchers. Most importantly, it could lead to restoring hand function and the ability to walk. A study recently published in the journal Brain highlights the remarkable benefits of rehabilitation training after a cervical spinal cord injury?something that has been overshadowed in recent years by the promise of cutting-edge stem cell research.

• Living with an ?invisible disability?
  

  There are about 500,000 brain injury survivors in Ontario. Acquired brain injury means damage to the brain after birth and it can result in temporary, prolonged or permanent impairments. The majority of brain injuries are caused by falls but also occur in car crashes and through strokes or aneurysms.

• Mild Head Injuries Increase Risk Of Sleep Disorders
  

  A mild head injury can increase your chance of developing a sleep disorder, according to a study published in the April 3, 2007, issue of Neurology, the scientific journal of the American Academy of Neurology. Researchers say these findings highlight the need for improved diagnosis and treatment of sleep disorders in mild traumatic brain injury patients who complain of insomnia.

• MRI May Predict Recovery After Spinal Cord Injury
  

  Using magnetic resonance imaging (MRI), radiologists can better predict the likelihood of full or partial recovery of patients with acute spinal cord injuries (SCI), according to a study published in the June issue of the journal Radiology.

• Pediatricians And Pathologists See Traumatic Brain Injury Differently
  

  Confronted with the same hypothetical scenarios of traumatic brain injuries to children, pediatricians and pathologists were unable to agree half the time whether the deaths should be investigated as potential child abuse, researchers at Indiana University School of Medicine found. Traumatic brain injury is the leading cause of abusive death in children and is especially common in abused children under the age of 4. Fifteen hundred children a year in U.S. are killed because of traumatic brain injury and those who survive are often devastated. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Researchers Report First Successful Treatment of Chronic Traumatic Brain Injury
  

  The American Association of Health Freedom and the International Hyperbaric Medical Association announced today that physician-researchers at the Baromedical Research Institute and Louisiana State University School of Medicine, New Orleans have reported the successful treatment of chronic traumatic brain injury (TBI). The findings, published in Brain Research (2007 Oct 12;1174:120-9), are purportedly the first-ever demonstration of improvement of chronic brain injury in animals. The treatment involved a new application and drug dosage of hyperbaric oxygen therapy. Hyperbaric oxygen therapy has been applied to diving injuries, carbon monoxide poisoning, ?flesh-eating bacteria,? and chronic wounds. Application to chronic brain injury is controversial. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Spinal Cord Stimulation Can Relieve Low Back Pain
  

  Careful patient selection and stimulation programming can improve management of axial low back pain with spinal cord stimulation, report researchers at the 23rd annual meeting of the American Academy of Pain Medicine in New Orleans. The researchers note that axial low back pain is a novel indication for spinal cord stimulation. Technological capabilities of the spinal cord stimulation system, particularly fractionalized current across contacts, uniquely provide the type of stimulation needed to relieve axial back pain. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Studies Cite Head Injuries As Factor in Some Social Ills
  

  Researchers studying brain injury believe they?ve found a common thread running through many cases of seemingly unrelated social problems: a long-forgotten blow to the head. They?ve found that providing therapy for an underlying brain injury often helps people with a variety of ills ranging from learning disabilities to chronic homelessness and alcoholism. If broadly verified, the findings could have a significant impact in dealing with such intractable difficulties. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Study finds moderate hypothermia a safe treatment for traumatic brain injury in kids
  

  A first-of-its-kind multi-center trial has shown that cooling the body can have positive affects on children who suffered traumatic brain injury. The study?s lead investigator, Children?s Hospital of Pittsburgh neurosurgeon P. David Adelson, MD, and fellow researchers determined that induced moderate hypothermia initiated after severe traumatic brain injury (TBI) is a safe therapeutic intervention for children.

• Surveillance for Traumatic Brain Injury Deaths — United States, 1989–1998
  

  Data indicate that approximately 50,000 U.S. residents die as a result of traumatic brain injury (TBI) annually. Survivors of TBI are often left with neuropsychologic impairments that result in disabilities affecting work or social activity. During 1979–1992, TBI-related death rates declined 22%, from 24.6 to 19.3 deaths/100,000 population. This report describes the epidemiology and trends in TBI-related mortality during 1989–1998.

• Traumatic Brain Injury (TBI)
  

  This article explains the types of TBI and the effects of TBI. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury and Schizophrenia in Members of Schizophrenia and Bipolar Disorder Pedigrees
  

  Schizophrenia following a traumatic brain injury could be a phenocopy of genetic schizophrenia or the consequence of a gene-environment interaction. Alternatively, traumatic brain injury and schizophrenia could be spuriously associated if those who are predisposed to develop schizophrenia have greater amounts of trauma for other reasons. The authors investigated the relationship between traumatic brain injury and psychiatric diagnoses in a large group of subjects from families with at least two biologically related first-degree relatives with schizophrenia, schizoaffective disorder, or bipolar disorder. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury Hastens Onset Of Alzheimer?s Disease
  

  ROCHESTER, MINN. — Does a traumatic brain injury (TBI) increase the risk of someone getting Alzheimer?s Disease later in life? Studies have been inconclusive on this question. But a recent Mayo Clinic study found evidence that Alzheimer?s begins much earlier in people who previously suffered a head injury. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury Hastens Onset Of Alzheimer?s Disease
  

  ROCHESTER, MINN. — Does a traumatic brain injury (TBI) increase the risk of someone getting Alzheimer?s Disease later in life? Studies have been inconclusive on this question. But a recent Mayo Clinic study found evidence that Alzheimer?s begins much earlier in people who previously suffered a head injury. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury Hastens Onset Of Alzheimer?s Disease
  

  ROCHESTER, MINN. — Does a traumatic brain injury (TBI) increase the risk of someone getting Alzheimer?s Disease later in life? Studies have been inconclusive on this question. But a recent Mayo Clinic study found evidence that Alzheimer?s begins much earlier in people who previously suffered a head injury. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury Hastens Onset Of Alzheimer?s Disease
  

  ROCHESTER, MINN. — Does a traumatic brain injury (TBI) increase the risk of someone getting Alzheimer?s Disease later in life? Studies have been inconclusive on this question. But a recent Mayo Clinic study found evidence that Alzheimer?s begins much earlier in people who previously suffered a head injury. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Traumatic Brain Injury: Neuroscientists Challenge Conventional Treatment
  

  The chemical lactate has gotten a bad rap. Conventional wisdom considered it to be little more than the bane of runners and other athletes, causing stiff muscles and fatigue, and the ?sour? in sour milk. It turns out that view may have been too narrow. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• UCLA Study Helps ER Physicians Identify Previously Undetectable Spinal Injuries
  

  A new national study indicates that patients with a cervical spinal injury (CSI) may harbor additional spinal damage not visible on regular x-rays. In fact, more than a third of patients who were thought to have low-risk injuries actually have additional damage that may include significant fractures with the potential to produce serious spinal problems if not detected and treated properly. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Vision restoration therapy shown to improve brain activity in brain injured patients
  

  Columbia University Medical Center researchers have demonstrated using functional magnetic resonance imaging (fMRI), that brain activity was increased in stroke and traumatic brain injury survivors who underwent Vision Restoration Therapy (VRT), a rehabilitative treatment that helps these patients recover lost vision. The data will be published online in the peer-reviewed journal Neurorehabilitation and Neural Repair. Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Brain Injury May Not Erase Long-Term Memory
  

  Research shows that brain injuries may not affect long-term memory.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• The Need For A Children’s Bill Of Courtroom Rights
  

  Very few children under the legal process. Two-thirds of public defenders and one-third of prosecuters admitted to questioning child witnesses in a manner that was designed to confuse them. The NAPSAC proposes the following legistlative initiatives to strengthens children’s rights when testifying in a legal proceeding.

• The Need For A Children’s Bill Of Courtroom Rights
  

  Very few children under the legal process. Two-thirds of public defenders and one-third of prosecuters admitted to questioning child witnesses in a manner that was designed to confuse them. The NAPSAC proposes the following legistlative initiatives to strengthens children’s rights when testifying in a legal proceeding.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Clinical Correlates of Personality Changes Associated With Traumatic Brain Injury
  

  Victims of traumatic brain injury (TBI) tend to exhibit poor decision making skills, interpersonal problems, difficulty communicating with others and an overall poor quality of life. This study details the various types of difficulties victims of TBI encounter on a daily basis.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Early Lead Exposure Impedes Recovery From Brain Injury
  

  Lead exposure early in life increases one risks of developing cancer, renal disease, hypertension and cardiovascular disease later in life. However, results from a recent study indicate that lead exposure early in life may also impede the brain’s ability to recover from brain injury.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• First Steps Towards Spinal Cord Reconstruction Following Injury Using Stem Cells
  

  A new study has identified what may be a pivotal first step towards the regeneration of nerve cells following spinal cord injury, using the body’s own stem cells.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• First Successful Treatment For Chronic Traumatic Brain Injury In Rats
  

  A research team led by Dr. Paul Harch, Assistant Professor of Clinical Medicine at Louisiana State University Health Sciences Center New Orleans and Director of the LSU Hyperbaric Medicine Fellowship Program, has published findings that show hyperbaric oxygen therapy (HBOT) improved spatial learning and memory in a model of chronic traumatic brain injury.

  Monahan Law Practice invites you to call for a FREE CONSULTATION at 866-307-3888 or 610-363-3888.

• Even though injured party was invited to a private party at a club, owner liable to person shot as a business invitee
  

  The court held that it was a question for the jury whether the plaintiff and his friends were business invitees or trespassers, and held that the testimony that they had been invited to the party was sufficient to put that question to the jury. The court also held that defendant?s awareness of shootings in the area, and the security efforts defendant made, both showed the defendant had notice of the possibility of danger to patrons. CALL Dan Monahan for a FREE CONFIDENTIAL CONSULTATION by calling TOLL FREE 1-866-307-3888 or 1-610-363-888 and order our FREE BOOK: CRIME VICTIM?S GUIDE TO RECOVERING DAMAGES FOR YOUR INJURIES

• University Study Shows Connection between Tissue damage and spinal cord injuries
  

  Acute spinal cord injury can damage spinal cord tissue and result in loss of functions such as mobility or feeling.In a study in the Journal of Clinical Investigation, University of Maryland at Baltimore researchers show that certain channels in capillaries surrounding spinal cord tissue are critical to the process that causes spinal cord tissue loss after acute cord injury, and as such are a potential target in the therapy of spinal cord injuries. If you have suffered these kinds of injuries as a result of an accident or work injury, contact me for a FREE CONSULTATION about your case at 610-363-888 or toll free at 866-307-3888.

• Night driving presents its own particular hazards
  

  All of a sudden early morning drivers?that is, people driving around 6:30 AM?are now seeing the first rays of the dawn. At the other end of the day, darkness is also arriving slightly later. But despite these developments, for many people there are a still few more months remaining in the ?night driving season??.

• As the Fourth of July approaches each year, everyone should be reminded of the accidents that can be caused by fireworks
  

  The National Council on Fireworks Safety says that each year there are over 100 injuries reported to the NEISS reporting hospitals. Based on these actual injuries, the CPSC produces an estimate of injuries on a national basis. The estimate for calendar year 2006 was approximately 9,200 injuries.

• Bikes lanes may present safety hazards of their own if you don’t know the rules
  

  Special lanes for bicyclists can cause problems to the extent that they encourage bicyclists and motorists to violate the rules of the road for drivers of vehicles. Specifically, a bike lane continued to an intersection encourages right-turning motorists to stay in the left lane, not the right (bike) lane, in violation of the rule requiring right turns to be made from the lane closest to the curb. Similarly, straight-through, or even left-turning, bicyclists are encouraged to stay right.

• Noted Author on Safety Gavin de Becker Recommends that Parents Communicate with Your Child’s School About Safety
  

  School safety is always in season, so make sure you talk with your child’s school about how they are handling this critical issue.

• Ranking Of Group Insurers Claims Payment Practices
  

  Analysis of group insurance company claims payment history and recommendations.

• Hold the Pickle, hold the lettuce, but eat and drive simultaneously at your own peril
  

  According to the National Highway Traffic Safety Administration eating on the run is one of the most distracting things drivers can do.

• If you Sue a defendant, Make sure he’s still alive when you serve his with legal papers
  

  Lesson: the silence of whoever accepted service was not sufficient to toll the statute of limitations.

• Article: New Brain Study for Traumatic Brain Injuries Done by Canadians
  

  TBI causes both localized damage through bruises or bleeds, as well as more diffuse damage through disconnection of brain cells, which ultimately causes cell death. The localized damage is easier to detect with the naked eye than diffuse damage. Yet both kinds of damage contribute to difficulties with concentration, working memory, organizing and planning (vital skills for holding a job), and mood changes often experienced by people following TBI.

• Article: Mild Brain Injuries and Sports Related Accidents
  

  In the United States, approximately 1.6% of all emergency department (ED) visits are for a head injury. Approximately 90% of these visits are for mild traumatic brain injury (MTBI), and 10% for moderate or severe TBI. (1) TBI is the leading cause of death among people less than 24 years. (2) Approximately 50% of patients who die from TBI arrive to the hospital alive; a number which can potentially be decreased with early and aggressive interventions. (3)

• Property Owners are Responsible for Injuries due Slip and Fall on Black Ice if Owner Helped Create the Condition
  

  It has long been the law in Pennsylvania that to hold a landowner responsible for falls on ice that the injured party must prove that the ice and snow had formed “hills and ridges”. However, if the owner caused the conditions that created “black ice”, you do not necessarily have to prove that according to recent court decisions.

• Discover the Causes and Treatments for Traumatic Brain Injury
  

  Learn the definition of Traumatic Brain Injury (known as TBI), the causes, and the treatments available for these types of severe brain injuries

• Adults and Children Suffer Frequent Arm Fractures that require Careful Diagnosis and Treatment
  

  A broken arm is a common injury. Counting all fractures, about one in every 20 involve the upper arm bone (humerus). Children are more likely to break the lower arm bones (radius and ulna). Falling on an outstretched hand or being in a car crash or some other type of accident is usually the cause of a broken arm. Most people know right away if their arm broke, because there may be a snap or a loud cracking sound. The broken arm may appear deformed and be swollen, bruised and bleeding.

• Care and Treatment of Torn Medial Meniscus as Explained by Philadelphia Orthopedic Surgeon Joseph Bernstein, M.D.
• Increase Use of Seat Belts and Motorcycle Helmuts Reduces Auto Accident Fatalities
  

  According to U.S. Transportation Secretary Mary E. Peters, 2007 figures show the national seat belt use rate increased to an all time high and more motorcyclists are wearing their helmets

• Unlike typical negligence cases, in premises security litigation, the most important concept concerns the duty of care required of the owner or occupier
  

  One must establish a duty of care element inorder to pursue a premises security case; without a duty owed to the crime victim there is no case

• 11 Different Therapies that don’t involve Surgery for Carpal Tunnel Syndrome from University of Maryland Medical School
  

  It is critical to begin treating early phases of carpal tunnel syndrome before the damage progresses. A conservative approach to CTS, which may include corticosteroid injections and splinting, is the first step in treating this disorder.

  Nevertheless, relapse is common, and studies suggest that surgery is a better option for severe CTS. In one study, 89% of patients who had conservative treatments suffered a recurrence of symptoms within a year. Conservative treatments work best in men under 40. They do not work as well in young women. The conservative approach is also most successful in patients with mild carpal tunnel syndrome.

• Pennsylvania Medical School Identifies Top 8 Signs of TMJ
  

  According to a University of Pennsylvania Medical Health Care System report there are 8 top signs for the diagnosis of temporomandibular joint disorder that can only be determined by proper medical examination.

• Mayfield Clinic and Spine Institute Provide Key Points about Spinal Injuries [PDF]
• Hip Dislocations Increasingly Caused by Motor Vehicle Accidents Study Shows
  

  Hip dislocations are becoming more frequent with increasing numbers of motor vehicle accidents.1 Bilateral hip dislocations are a rare injury, and simultaneous asymmetric dislocations are even more rare. Of the 20 cases described in the English literature, 16 have been sustained by occupants of motor vehicle accidents. This article presents the first case of a female with traumatic simultaneous asymmetric hip dislocations, as well as the first patient with associated asymmetric acetabular wall fractures.

• Kneecaps can be fractured by numerous causes, but here are 6 signs that you’ve fractured your knee according to Cedars-Sinai Physicians
  

  The kneecap can fracture in many ways: partially or completely or into only a few or into many pieces. Sometimes when the kneecap is fractured, the ligaments or tendons attached to it can be sprained or torn.

  Symptoms of a Kneecap Fracture

  Symptoms may include:

  Severe pain in and around the kneecap

  Swelling

  Pain when moving the knee in both directions

  Difficulty extending the leg or doing a straight-leg raise

  A deformed appearance of the knee due to the fractured pieces

  Tenderness when pressing on the kneecap

• American Association of Justice Releases New Report on How Insurance Companies Deny, Delay, Confuse and Refuse Insurance Claims by Trickery [PDF]
  

  The American Association of Justice (AAJ) has recently released a report for consumers on How the Insurance Industry uses tricks to deny, delay, confuse and refuse to pay legitimate insurance claims in an 18 page report.

• Where You Sue the Defendant Can Make a Big Difference in How Much the Jury Thinks You case is Worth
  

  The proper “venue” where you can sue a defendant depends on a number of factors. However, even if your accident takes place in one county, you may be able to sue the defendant in the county where the defendant’s registered office is located, where the principal place of business is located or where the defendant regularly conducts business

• How Accident Related Injuries Can Cause Spinal Cord Disorders
  

  spinal cord injuries to the vertebrae can induce various patterns of symptoms such as numbness, weakness, loss of sensation, loss of bowel and bladder function, and paralysis as well as back pain. Extensive loss of body functions due to spinal cord injuries can be devastating, additionally causing depression and loss of self esteem. Knowing exactly what has happened and what to expect in the near and distant future can help people to cope with the loss

• Post Traumatic Stress Disorder is often the result of Accidents, death or Senseless Acts of Violence
  

  Posttraumatic Stress Disorder is a extreme response to a stressful change in life that may result from an accident, death or senseless act of violence. Victims often fail in their attempts to avoid remembering the event, and consequently, they suffer a persistent state of anxiety, and may re-experience the traumatic event while awake through flashbacks or asleep in the form of nightmares. Crisis intervention is usually necessary in the form of an extended period of individual, group or family therapy. Treatment with anxiety reducing drugs may also be needed.

• United States Supreme Court and Pennsylvania Superior Court Continue to Limit Access to the Courts
• Report of Ten Worse Insurance Companies in America Details Tough Tactics Companies Use to Increase Profits
  

  The American Association of Justice has identified the ten worse insurance companies.

• Top Reasons Why Dan Monahan is the Best Attorney for Your Case
  

  Summary of the Services Offered By The Monahan Law Practice, P.C.

• 17 Secrets of Getting a Fair Settlement for Your Injuries
  

  Discover the 17 Secrets of Getting a Fair Settlement, 7 Common Misconceptions about Injury Cases, When You Need a Lawyer and When You Don’t, 8 Costly Mistakes to Avoid When Selecting a Personal Injury Trial Lawyer, and more.

• Holiday Warning! Serving Alchohol Could Result in Liability for Damages to Accident Victims
• August Sees Pools Closures After Water Parasite Spawns Illne
  

  Public water contamination in public pools leads to numerous illnesses in Montgomery County, PA.

• Recent Pennsylvania Court Decisions
  

  Recent Pennsylvania Court decisions affect Pennsylvania Consumers

• The Big Lie on Frivolous Lawsuits
  

  Find out the “real” statistics behind the alleged explosion of frivolous lawsuits and runaway verdicts. Insurance company’s and industry’s own studies show that these are just myths.

• Five Things You Should Ask Your Attorney Before You Hire Him
  

  Before you hire any lawyer, there are many questions you should be asking such as what qualifications and experience they have in this particular area of the law, whether they have been rated by other attorneys and organizations with respect to their legal ability and their ethical standards. These five questions are only the beginning of the process of choosing the right lawyer for your case.

• Picking the Right Pennsylvania Injury Lawyer for Your Case
  

  How to choose the right lawyer in the State of Pennsylvania and even in your immediate area for your particular injury case takes some time and some gathering of information in order to determine who is the best lawyer for your particular legal matter.