Personal Injury Lawyer Blog

Posts Tagged ‘personal injury’

Parents make civil rights claims after random school drug testing

Tuesday, March 27th, 2012

The parents of a middle school girl in Lancaster, Pennsylvania are teaming up with the American Civil Liberties Union (ACLU) to bring forth a civil rights claims lawsuit over the school's policy that mandated she participate in a random drug test.

The student, who is only identified by her initials, M.M., was told by school administrators that she needs to submit to a urine drug test to participate in school programs like choir and orchestra. Her parents did not consent to the test.

The parents of the Swift Middle School sixth-grader claimed that the drug test violates their daughter's right to privacy and are looking to prevent the school district from enforcing the policy.

''Not only are these policies a violation of students' right to privacy, numerous studies have shown they do not reduce student drug use," said ACLU of Pennsylvania Executive Director Reggie Shuford.

In addition to privacy violation, the ACLU is claiming the randomized drug tests violate a 2003 Pennsylvania Supreme Court ruling that demands evidence that there is widespread drug use among students before randomly testing students.

School officials have not commented on the lawsuit.

If you or someone you know has been a victim of a civil rights violation, such as invasion of privacy, personal injury lawfirms in the Philadelphia area can help you assess and discuss your claim. Your lawyer may also be able to try your case in a court of law, if necessary.

Workers Compensation

Tuesday, July 12th, 2011

When you are injured at the workplace you may be entitled to workers compensation, but you may have additional claims that may be worth much more than your workers compensation claim.

Example 1: You work on a construction site and you are using a nail gun. While you are using the nail gun, the gun misfires and sends the nail backwards through the back of the gun. The nail hits you in the eye and you are permanently disabled and cannot ever work again.

In example 1, you obviously have a workers compensation claim against your employer because you were injured while on the job, but you also have a products liability case where you can sue the manufacturer of the nail gun because the product was defective.

Example 2: You work as a delivery person. You deliver bread to grocery stores. You exit your delivery truck, retrieve your bread from the rear of the truck. You begin to walk into the grocery store and you slip and fall on ice right outside of the main entrance of the grocery store. Due to the injury, you are permanently disabled and can no longer work.

In example 2, you obviously have a workers compensation claim against your employer, but you also have a slip and fall case grounded in a general negligence theory against the owner of the grocery store.

The point of these examples is that an experienced lawyer, like the attorneys at the Philadelphia, PA personal injury law firm of Levin & Zeiger LLP can help you navigate through any of the murky waters that may arise in your workers compensation case. Contact us now to get started for a free consultation at 215.825.5183.

Am I Limited Tort or Full Tort?

Saturday, June 26th, 2010

The answer to this question is very important. Many times your tort status will determine if you can recover for injuries sustained in a car accident. In Pennsylvania drivers must choose between limited tort and full tort options when auto insurance policies are purchased. The full tort option allows the insured (and the members of the insured’s household) to collect for damages related to pain and suffering in automobile accidents. This is true irrespective of the seriousness of the injury.

If you select the limited tort option you give up your right to sue for pain and suffering unless you suffer a “serious injury.” Under the Pennsylvania Motor Vehicle Financial Responsibility Law, a “serious injury” is defined as a “Personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.”

When choosing coverage I always recommend to people that they purchase full tort. The difference in price is nominal in comparison to the value of the right you are giving up by electing for limited tort.car accident Am I Limited Tort or Full Tort?

car accident 300x224 Am I Limited Tort or Full Tort?

Limited Tort or Full Tort?