Search Results | Schmidt Kramer

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Why is the Insurance Company’s First Settlement Offer So Low?

https://www.schmidtkramer.com/blog/why-insurers-first-offer-is-so-low.html

There are several reasons why the insurance company’s first settlement offer is likely to be far below the true value of your claim. It is important to remember these reasons if you get a lowball offer. You may be tempted to accept the settlement, but if you do you are playing right into their hands. […]

What You Need to Know About Motorcycle Bias and How it Can Affect Injury Claims

https://www.schmidtkramer.com/blog/effects-of-motorcycle-bias.html

Everyone has biases, just as everyone has opinions. Unfortunately, peoples’ biases and opinions about motorcycles and motorcycle riders often tend to lean one way. Insurance companies, juries and judges tend to view motorcycles as inherently dangerous and riders as reckless, dangerous individuals. Sometimes these biases are based on real-world experiences. For example, some people who […]

What You Need to Know About Witness Credibility in an Injury Claim

https://www.schmidtkramer.com/blog/car-crash-witness-credibility.html

One of the challenges of proving liability for a car crash is that the victim needs the insurance company and/or a jury to take his or her word against the word of the at-fault driver. Your account of the crash is certainly important, but objective evidence, such as witness statements, can go a long way […]

What if I Crash into a Fixed Object? Can I Seek Compensation?

https://www.schmidtkramer.com/blog/compensation-for-fixed-object-crashes.html

According to federal crash data, about 20 percent of traffic crash deaths in 2019 involved crashes with fixed objects. The most common objects that were hit were trees, traffic barriers and utility poles, according to the U.S. Department of Transportation’s Fatality Analysis Reporting System. Fixed-object collisions may also involve road signs, curbs, mailboxes, fences, walls, […]

Why is My Harrisburg, PA Car Accident Claim Going to Arbitration?

https://www.schmidtkramer.com/blog/arbitration-for-auto-accident-claims.html

Most Harrisburg car accident cases are settled outside the courtroom, sometimes through a process called arbitration. Both sides present evidence to an arbitrator, who decides how to resolve the claim. This is a faster, much less expensive way to settle a case. Table of Contents What is the Definition of Arbitration? How Does Arbitration Differ […]

Does Your Employer Have the Legal Authority to Require You to Get the COVID-19 Vaccine?

https://www.schmidtkramer.com/blog/can-employers-require-covid-19-vaccines.html

Elected leaders and health officials have stressed the importance of getting vaccinated against the COVID-19 virus to help society get back to normal. However, there are questions about whether it is legal to require healthcare workers to get the vaccine. Generally, employers can require workers to get a regular vaccine, said Schmidt Kramer partner Scott Cooper, […]

Reasons Why Your Car Crash Settlement May be Delayed

https://www.schmidtkramer.com/blog/delays-in-car-crash-claims.html

When you file a car insurance claim, you would like a settlement sooner rather than later. You may need money to pay for mounting medical expenses and other bills you are struggling to pay because you have missed work and lost income. Unfortunately, it can take several months or more for your attorney to reach […]

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The Schmidt Kramer Injury Lawyers focus their practice on educating the community on how they can help injured victims after a serious Pennsylvania accident. Let them help you navigate the complicated world of a personal injury claim, including the next actions to take immediately after an accident. Our trusted Harrisburg law firm is deeply committed […]

Delayed Injury Symptoms That May Appear After a Car Accident

https://www.schmidtkramer.com/blog/delayed-car-crash-injury-symptoms.html

Crash victims often notice their injuries right away, particularly if they suffered broken bones, lacerations or severe head injuries. However, victims often experience a rush of adrenaline after a crash that could help to mask symptoms of other injuries. You might feel a little sore but think it is no big deal and will go […]

Judge Rules Business Interruption Insurance Must Cover COVID-19-Related Losses of Pittsburgh Tavern

https://www.schmidtkramer.com/blog/judge-grants-coverage-for-covid-19-losses.html

Most court rulings for business owners seeking insurance compensation for COVID-19-related losses have been in favor of the insurance companies. However, on Tuesday, a Pennsylvania state court judge ruled in favor of a Pittsburgh tavern that was forced to close during the pandemic. Judge Christine Ward of the Allegheny County Court of Common Pleas ruled […]

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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 Chapman January 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 AM Date of Verdict: June 19. 2012 Court and Case No.: C.P. Dauphin County No. 2009-CV-14003-MM Judge: Scott Evans Type of Action: Medical malpractice Injuries: Anoxic brain injury Plaintiffs Counsel: Terry S. Hyman, Schmidt Kramer, Harrisburg Plaintiffs 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, PA Defense Experts: James C. Reilly, Pediatric Otolaryngology, Wilmington, DE Comment: 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

One of the best decisions I ever made was choosing Schmidt-Kramer as my personal injury representative. I was given Scott Cooper's name through a family member shortly after my accident in July of 2024. After contacting the Schmidt-Kramer office, Scott came out and visited me in the hospital the very next day. From the very beginning, he was compassionate, upfront, and honest. He ALWAYS responded to my calls, texts, and/or e-mails in a timely manner and kept me up to date on developments in my case. I am very pleased with the outcome and highly recommend this law firm.
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.