Car Accident Legal Updates | Schmidt Kramer, P.C. Blog

During Holidays, Parking Lots Are Accident Risks for Young Pedestrians

Posted on behalf of Schmidt Kramer on December 04, 2013 in Car Accidents

Related Links: Seven Ways a Harrisburg Injury Attorney Is Vital After Your Car Accident It’s commonplace to say that Christmas is for children. For many of us, some of our fondest memories is the special joy of the winter holidays—spending extra time with family and friends, rejoicing in the first real snowfall of the season, […]

Insurance and Your Car Accident Doctor: Allies or Enemies?

Posted on behalf of Schmidt Kramer on November 28, 2013 in Car Accidents

If you have been a hurt in a Pennsylvania car accident, it’s important that you develop a strong working relationship with your doctor as well as with your attorney. Your physician, surgeon, and other specialists who handle your medical recovery can be of immense value as you prepare for a legal battle against an insurance […]

Tell Your Attorney Early on About Your Previous Car Accident Record

Posted on behalf of Schmidt Kramer on November 26, 2013 in Car Accidents

“Maybe I Should Have Told You This Before We Had a Jury…” Lawyers hate surprises. We hate to be surprised by an inconvenient fact in the middle of a case. When we represent a client in the settlement conference room or in the courtroom, we like to believe that we know everything that is essential […]

Limited Tort Exceptions After a Dauphin County Auto Crash

Posted on behalf of Schmidt Kramer on November 10, 2013 in Car Accidents

Pennsylvania car owners and drivers have a critical option when buying insurance. Auto insurance agents sell policies in two different packages: as full tort and limited tort insurance. Full tort coverage allows the policyholder to make claims for all injuries if he has been hurt in a Pennsylvania car accident through someone else’s fault. Limited […]

Understanding Limited Tort Insurance in Pennsylvania

Posted on behalf of Schmidt Kramer on November 08, 2013 in Car Accidents

Since 1990, the Motor Vehicle Financial Responsibility Law has been the primary legislation governing car insurance in Pennsylvania. The law set up a no-fault insurance system, which means that your own insurance will have the primary responsibility for paying for your losses after any incident. In order to make sure that everyone is protected against […]

See Why Daylight Savings Time Can Lead To A Pennsylvania Car Accident

Posted on behalf of Schmidt Kramer on November 05, 2013 in Car Accidents

Posted on Nov 05, 2013 Many people do not realize that traffic fatalities spike during different periods of the year. For instance, the change in weather may cause an increase in accidents. Also, the change in the timing of the clocks may increase Pennsylvania car accidents. In 2011 July had the most crash fatalities, February […]

Pennsylvania Traffic Crash Injuries: Ruptured Spleen

Posted on behalf of Schmidt Kramer on October 22, 2013 in Car Accidents

The most important thing to know about the spleen is this: a ruptured spleen is a greater threat to life than living without a spleen. The spleen is a soft, spongy organ located on the left side of the body at the division between the chest and abdominal cavities. It’s connected to the circulatory and […]

Car Accident In Washington Twp. Franklin County Kills 5 People

Posted on behalf of Schmidt Kramer on October 21, 2013 in Car Accidents

According to Washington Township police in Franklin County, Pennsylvania, a multi-vehicle accident has left five people dead. The accident occurred this past Saturday just before 2 p.m. in the 13000 block of Fort Ritchie Access Road in Franklin County, Pennsylvania. Authorities say 68-year-old Marjorie Smith crossed the center line on the 13000 block of Fort Richie Access […]

Watch for Lung Injuries From Broken Ribs After a Crash

Posted on behalf of Schmidt Kramer on October 20, 2013 in Car Accidents

Related Links: After a Serious Harrisburg Auto Accident, Who Can Help Me With My Claim? Five Mistakes to Avoid After a York Car Crash During a Pennsylvania traffic accident, the physical impact or speed changes can compress and squeeze the bodies of everyone involved. This blunt force trauma causes a variety of injuries that are […]

Berwick Township, Pa. Car Accident In Adams County Injures 4

Posted on behalf of Schmidt Kramer on October 10, 2013 in Car Accidents

Posted on Oct 10, 2013 According to the Pennsylvania State Police, four people were sent to York Hospital after a crash in Berwick Township on last night. None of the injuries sustained in the accident on Abbottstown Pike outside One Stop Motors looked “life-threatening at this point,” Trooper Christopher Pasquale said. One person was flown […]

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$10,043,952.13 Personal Injury
Schmidt Kramer, P.C.partner Gerard C. Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.
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$4,034,000.00 Personal Injury
Yesterday a Judge in Union County (Lewisburg, PA) awarded a couple from New Berlin, Pennsylvania, over $4,000,000 because the husband was shot while turkey hunting.You might ask yourself, how does a turkey hunting accident end up with that type of verdict? In order to understand the verdict you would have to know our clients. They are good people who had their life wrecked. Plus, you would have to know the defendant, who should not have been hunting with a gun because he was prohibited after a previous criminal conviction.It is a good verdict, because the Judge was able to do two things with his decision. First, he communicated to two very good people that their losses were something that those of us on the outside could appreciate and value. Mike Hobbins (our client) is a 51 year old guy who lost his sight because a convicted felon --who should not have even possessed a gun-- went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger. The Judge accepted the financial loss Mr. Hobbins' suffered, but listened closely to the evidence of less tangible losses. When Mike broke down on the stand, because his daughter would end up walking him down the aisle at her wedding, as opposed to how it was supposed to go, the Judge was listening. When Mike could not keep it together, because of how emasculating it was for him not to be able to provide financially for his family, the Judge was listening. It was facts like these that the Judge cited to support the $2,000,000 award for non-economic damages. Second, the Judge wanted to send a message. Union County is a hunting county. Many of the residents hunt there, and people from outside the area come to Union County to hunt. It was my impression, from the Judge's statements as he rendered his decision, that he wanted to send a message to the people in Union County to protect them in their sport. The rules in place to restrict people convicted of crimes not to have a gun are not to be broken. Hunting is serious and you have to identify your target before you shoot. When you turn your back on the rules that are set to provide safety in a sport, you risk being an example. Here, the $1,000,000 punitive damage award sends that message loud and clear.When it really comes down to brass tacks, the right action was taken against a Defendant who may never truly appreciate what kind of impact his reckless choices caused.At Schmidt Kramer, we are injury lawyers. That means we work with people who were hurt in car accidents, who were hurt by the neglect of nursing homes, or those that were seriously injured because of the reckless, thoughtless acts of others. If you or a loved one have been injured in Pennsylvania, we may be able to help. While the verdict yesterday is not one that is representative of every case we do, it does show that serious and dedicated representation can bring good results.Joe ChapmanJanuary 18, 2013
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$2,200,000.00 Auto Accidents
On Monday, January 6, 2014, Schmidt Kramer accident lawyer Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a fiery crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.Kamilah Claxton won summary judgment in November after the defendants, Sukhwinder Singh and the trucking company for which he worked, failed to file a brief in opposition to Claxton's motion, which was made in September. The verdict in Claxton v. Singh was issued after the court held a non-jury assessment of damages earlier this month."Mr. Sukhchan Singh, the employer, is liable on the basis of respondent superior, but was also grossly negligent in failing to maintain his vehicle in compliance with state and federal law, particularly with regard to having required safety inspections and correcting defects in its braking equipment," said U.S. District Judge William W. Caldwell of the Middle District of Pennsylvania in his opinion accompanying the verdict."He was also grossly negligent in entrusting his vehicle to Sukhwinder Singh, an inexperienced truck driver who had failed the written test and driving test multiple times before finally earning his commercial driving license," Caldwell said.
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$1,200,000.00 Personal Injury
A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.2012-06-26 10:00:00 AMDate of Verdict: June 19. 2012Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MMJudge: Scott EvansType of Action: Medical malpracticeInjuries: Anoxic brain injuryPlaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, HarrisburgPlaintiffs Experts: Dr. Anna H. Messner, liability; Lucille Packer, Pediatric Otolaryngology, Palo Alto, Calif.; Terry P. Leslie, vocations and earning capacity, Lancaster; Dr. Hilary B. Berlin, pediatric psychiatry, Great Neck, N.Y.Defense Counsel: Andrew H. Foulkrod, Darlene K. King, Foulkrod Ellis, Camp Hill, PADefense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DEComment: A Dauphin County jury has awarded a $1.2 million verdict to the parents of a 5-year-old who had an anoxic brain injury and stopped breathing after he had a tonsillectomy.The entire verdict came against Dr. Andrew M. Shapiro, the doctor who plaintiffs Reginald Graham and Tykeisha Metz alleged chose to have the boy monitored at a pediatric ward. The plaintiffs argued Shapiro failed to tell nurses caring for the baby about, and how to care for, the boy's enhanced risk for respiratory failure.The jury came back on June 19 and awarded Reginald Graham and Tykeisha Mets $500,000 in non-economic damages and $686,170 in loss of future earning capacity, according to the plaintiffs counsel.According to the statement, the baby's mother brought him to Shapiro because she was "'afraid that he might stop breathing during his sleep,'" the plaintiffs' pretrial statement said. Shapiro performed a sleep study and observed the baby's Apnea Hypopnea Index to be 43 — four times higher than what's considered severe. A tonsillectomy and adenoidectomy were performed.According to the plaintiffs, the baby's sleep study results put him at an increased risk for post-operative respiratory complications. Despite this, they argued in the statement, Shapiro ordered the pediatric nurses at the Harrisburg Hospital general pediatric ward to observe the boy as they would any other patients — about once every four hours.The pretrial statement said that one in four children who have an AHI in the 40s and oxygen desaturation below 80 have some type of respiratory problem. The younger the child, the greater the risk of a respiratory problem, the statement said.According to the statement, Shapiro took off the child's pulse oximeter, the finger-mounted device used to measure blood oxygen, and ordered a heart and respiratory rate monitor. The child was 11 months old at the time.The plaintiffs pled that the baby was last seen at 4 a.m. There was no record of his oxygen saturation for the next hour and 45 minutes. He stopped breathing a 6:40 a.m., and his brain was without oxygen long enough to cause demonstrable injury on an MRI."Immediately prior to his surgery, [the child] was a normal child, who could say mama, eat finger foods, and was just on the verge of walking," the statement said. "After his code, [he] was like a newborn. He could not lift his head or sit up. He could not talk. He could not move."In his pretrial statement, Shapiro argued that he recognized the child's pre-operative sleep study showed he was driven to breath by decreased blood oxygen saturation, which he said was typical in patients with obstructive sleep apnea.He argued the American Academy of Otolaryngology dictates that admission to the intensive care unit is not the standard of care. In the statement, he said nurses did not observe signs of respiratory distress. No alarms sounded until the child arrested, the statement said.He said the baby likely arrested as a result of hypoglycemia and/or an acute aspiration, which he argued would not have been identified by blood oxygen saturation.— Ben Present, of the Law Weekly
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$1,024,040.80 Auto Accidents
Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.
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Testimonials

Very caring and compassionate
Debra Zervanos
Gerry and his team were very caring and compassionate. Gerry was always very responsive to me whether it be phone calls or emails. He kept me updated every single step of the way. His team and himself worked tirelessly to get me the best possible outcome to my situation. He was able to wrap everything up within two years with a nice bow on it. I will forever be grateful and will recommend him to everyone.
Dakota Cravener
Solid, trustworthy and lucky to have on your side! Dennis Kergick represented me and I was very impressed. Finally a down to earth and easy to talk to attorney . When the time came he was a junk yard dog and I could see the opposing counsel was intimidated. All while maintaining a professional level of respect and courtesy. Would recommend to friends and family. Keep up the good work!!
It’s hard to believe it’s been four years already, but I’m still deeply thankful for my experience with Dennis. Now living in Illinois, I’ve had some similar encounters, and people here are often surprised — and even a bit shocked — when they hear my story. They always end up admitting just how good Dennis truly was. It’s something I didn’t fully realize at the time, but the more I share, the more it’s confirmed to me. God bless, and thank you I came back stronger than ever.
I wanted you to know that I'm so glad that I switched to Schmidt Kramer and that you are my Attorney. I think you are doing a great job for me, and wanted you to know that, A+++Thank you againKen