Posts Tagged ‘Evan Aidman’

A Philadelphia Personal Injury Attorney Discusses Traumatic Brain Injury and Traumatic Head Injury

January 25th, 2010



TBI can cause a wide range of changes affecting thinking, sensation, language, and/or emotions. It can cause epilepsy and increase the risk for Alzheimer’s disease, Parkinson’s disease, and other brain disorders.

TBI is more than twice as likely in males. The highest incidence is among persons 15 to 24 years of age and 75 years and older. Given the large toll of TBI and absence of a cure, prevention is of paramount importance.

Available evidence supports the use of certain cognitive and behavioral rehabilitation strategies for individuals with TBI. Increased understanding of the mechanisms of TBI and recovery hold promise for new treatments. People with TBI, their families, and significant others are integral to the implementation of the rehabilitation process and research. Rehabilitation services, matched to the needs of persons with TBI, and community-based non-medical services are needed to optimize outcomes over the course of recovery.

What are the long-term consequences of traumatic brain injury? Individuals with brain injury often experience problems with both vision and hearing loss.

According to The Centers for Disease Control and Prevention, at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living because of traumatic brain injury.

To obtain full compensation for TBI, you must retain an attorney that is willing to work with your doctor, neurologist, neuro-psychologist, occupational therapist, and rehabilitation specialist. Only then can your legal/medical team fully appreciate the impact of the injury upon you and your family. The best way to find such a lawyer is by getting the recommendation of a trusted friend or family member.

By: Evan Aidman

Montgomery County Personal Injury Attorney Talks About Philadelphia Personal Injury Proximate Cause

December 28th, 2009



Proximate cause must be shown in every personal injury claim. Proximate cause exists if a wrongful act was a substantial factor in bringing about the plaintiff’s harm. Dudley v. USX Corp., 606 A. 2d 916 (Pa. Super. 1992). Defendant’s negligence need not have been the sole cause of the damage, only a substantial factor. Shippen Tp. v. Portage Tp., 575 A. 2d 157 (Pa. Cmwlth. 1990). Defendant will be liable in negligence for the full amount of damages if defendant’s negligence was a substantial factor in producing the injury even though concurrent causes might have contributed to the injury. Monzo v. Com. Dept. of Transportation, 556 A. 2d 493 (Pa. Cmwlth. 1989).

Once plaintiff produces facts which lead one to reasonably conclude that defendant’s actions were a substantial factor in bringing about the harm, the fact that some other cause concurs with the defendant’s negligence in producing the injury does not relieve defendant from liability unless he can show that the other cause would have produced the injury independently of his negligence. City of Philadelphia v. Massantonio, 533 A. 2d 1127 (Pa. Cmwlth. 1987). Defendant’s negligence is not a substantial factor if the harm would have been sustained even if the defendant had not been negligent. Henry v. McCrudden, 575 A. 2d 66 (Pa. Cmwlth. 1990).

Probable cause does not exist if it is “highly extraordinary” that the defendant’s act brought about the harm. White v. Rosenberry, 271 A. 2d 341, 343 (Pa. 1970); Bell v. Irace, 619 A.2d 365, 367 (Pa. Super. 1993). The cutoff for liability comes at “the point in the causal chain when the consequence of the negligent act is no longer reasonably foreseeable”. Id.

By: Evan Aidman


A Philadelphia Personal Injury Attorney Talks About Depositions and Philadelphia Personal Injury

December 18th, 2009



The discovery deposition is one of the most important stages in the litigation of a personal injury lawsuit. It is during the discovery deposition that the insurance company’s lawyer gets the opportunity to question the accident victim in person about the accident and the injuries suffered. Similarly, at the defendant’s deposition, your lawyer is able to discover much about the insurance company’s version of the accident. See Form 11 of Winning Your Personal Injury Claim for a sample list of deposition questions. Success on deposition day vastly improves the chance of a prompt and fair settlement.

Discovery depositions give the attorneys the chance to pick the mind of the individual that is being deposed. Depositions are usually held in the office of one of the lawyers. The testimony is taken under oath and is recorded by a stenographer. Thus, extreme care must be taken to accurately describe the accident and resulting injuries. By confronting an individual at trial with clearly erroneous deposition testimony, an attorney can devastate that individual’s credibility in the eyes of the judge, jury or arbitration panel. That is why thorough preparation prior to deposition day is a necessity.

Perhaps the most important advice your lawyer can give you during preparation for the deposition is to tell the truth. Even the craftiest lawyer has trouble tripping up an individual who speaks the truth and sticks to it. Clients sometimes think they can outsmart the other lawyer by bending the truth in their favor. More often than not, the other lawyer can figure out when this is happening and can expose the lie. An otherwise meritorious case can be lost by a small lie. Juries, judges, and arbitration panels have no sympathy for liars, even injured ones.

By: Evan Aidman