O’Malley & Perry Law Truck Accident Lawyers, Ready to Fight FOR YOU

Scranton Truck Accident Lawyers

As a Scranton truck accident lawyer, O’Malley & Perry Law, will fight for your rights and won’t stop until they’ve secured the compensation you deserve for your pain and suffering. Auto collisions usually result from human error, mechanical failure, drunk driving, or where the company has failed to maintain its vehicles to current inspection standards. Unfortunately, the fault of the collision has to be proven and that’s the duty of the legal team at O’Malley & Perry Law.

It is important to understand that trucking companies have attorneys on staff ready to jump at a moment’s notice to protect the company from liability and expense. That means pushing as much fault away from their driver as possible – as quickly as possible.

Decades of Experience with Truck Accident Cases, Fighting In Your Favor

When deciding on a truck accident lawyer for your case you need to consider the time the firm has been in business as well as the number of years the firm’s lawyers have been practicing. Experience handling these matters is extremely important. The most experienced lawyers know the legal system and can navigate you through the complex truck accident case.

Our firm has over 75 years of combined legal experience.

We understand that you’re looking for a successful representation of clients. It doesn’t matter how long the firm’s been around if it can’t properly represent its clients.

Be sure to read the firm’s reviews and look at third-party sites for the most objective reviews from clients so that you rest assured that you have a law firm that is focused on YOU. You need a firm that returns phone calls, stays in communication with you, ensure your unpaid medical are getting paid, that you’re getting compensation for lost wages, that you aren’t buried in paperwork and who is fighting, in YOUR favor.

“I went to O’Malley & Perry Law after sustaining injuries in an auto accident. I was represented by Matt Perry, who was professional, polite, and kept my best interest in the forefront throughout the experience. Great communication was key as I always felt a part of the process and is if my opinion mattered. My case was complex; yet settled in a very timely and satisfactory manner. Attorney Perry and his highly competent partners are highly recommended.” – Thomas Twardowski

Finding The Right Truck Accident Attorney to Protect Your Rights

The trucking company that employs the at-fault driver has a dedicated team of lawyers working for them. This is exactly why you need an experienced truck accident lawyer working for you. Hiring an experienced law firm will afford you peace of mind as you navigate an extremely difficult process. 

With regard to settlement offers, what may seem like a fair offer to you, is most likely only a fraction of what you’d get by working with an experienced attorney. Remember, the trucking company is going to protect itself from as much liability as possible. You are in a position where you need to fight for your rights. Let our experienced semi-truck accident attorney take step in and fight in your favor.

Our legal team will NOT let you be taken advantage of. We will fight to get you the settlement that you deserve. You are the victim here, so don’t become a victim a second time by letting the truck company’s lawyer take advantage of you.

How do you prove negligence in a truck accident case?

Although companies are required to follow Federal Motor Carrier Safety Regulations (FMCSA) concerning their equipment and their drivers’ hours of service, driver fatigue continues to be one of the most common reasons for these tragedies. Don’t let their mistake get twisted into yours.

After an accident, it’s often necessary to act quickly to preserve evidence. If you are unsure of what to do, you may lose much-needed information. If you hire a truck accident attorney soon after the accident, you will have a much better chance of locating and saving all necessary evidence.

Our Investigation Includes:

  • Determining the level of truck maintenance
  • Drug and alcohol tests
  • A review to confirm adequate insurance coverage
  • A full examination of truck safety markings
  • Weight restriction compliance
  • Adherence with loading procedures
  • Ensuring the company fulfilled safety inspection requirements
  • Accident reconstruction

When our semi-truck accident attorney files a lawsuit against a trucking company, we know that we will need to present evidence that proves negligence. The key to helping you seek justice for the physical pain and emotional duress caused by an accident includes our proving reckless conduct by the driver and/or trucking company.

What should I do after a Semi-Truck Accident in Pennsylvania?

Like in a car accident, it is important to check for injuries immediately after an accident, both your own and those of anyone else involved in the accident such as your passenger or the other drivers involved. If anyone is hurt, call for an ambulance. Afterwards, you should contact the police to report the accident.

Even more than with ordinary car accidents, it’s also important to gather as much information as you can. Exchange information with the other driver, including names, driver’s license information, and the trucker’s company name and contact information. You will also want to get the license plate information and the truck’s DOT number, insurance information, and the information on the truck itself such as it’s make, model and year.

If there are any witnesses, you will want to get their names and contact information. Take pictures of anything involving the scene of the accident you can. The truck. Your vehicle. Skid marks on the road. Any other debris or damage on the road that might have caused – or been caused by – the accident.

How do I know who is liable for a Truck Accident in Pennsylvania?

While most car accidents are straightforward as to who might be liable in an accident, the liability for a truck accident can be a much more complicated affair. Outside of the truck driver themselves, who may be responsible for driving inattentively, in an unsafe manner, or while drowsy or under the influence, there are many others who may hold at least partial liability for a trucking related accident.

The Trucking company itself may be liable if the truck driver was involved in an accident while on the job, if they failed to properly inspect the vehicle, or had pushed the driver to exceed the legal limits on driving speed or time to meet an unreasonable deadline.

The owner of the truck, if it was neither the driver or the company, the manufacturer, if an accident was caused due to defective parts, and loaders who failed to properly inspect or secure cargo may also be partially liable for an accident caused by the results of their failure to properly ensure that an accident would not be caused.

How long do I have to file a lawsuit for a Semi-Truck Accident?

The Statue of limitations for filing a claim for personal injuries in Pennsylvania is two years for this type of lawsuit.

While this may seem like a long time it is important that you contact an attorney right away when you’ve been in a truck or auto accident. More than in many other types of accidents, evidence about accidents involving large trucks has a tendency to disappear if it is not immediately collected.

An Attorney specializing in these kinds of cases will know which kinds of evidence you will need to find or request to support you in your case, and will help you to acquire them in a timely manner before they are lost.

How are Semi-Truck Accidents different than normal car accidents?

The most obvious difference between accidents with large trucks and other vehicles is the sheer scale. Injuries and damages from accidents involving Semi-Trucks tend to be significantly greater than when only smaller vehicles are involved, based on the sheer size and weight of the trucks and their cargo. During normal car accidents, the vehicles are usually pretty close in size, so your car can offer a degree of protection it just can’t against a much larger vehicle.

There are also additional complications towards investigating the accident. A trucking company is obligated to keep logs of the state of their vehicles and their use, but these logs are often only kept for a few weeks. If an immediate investigation or request to preserve that information is not made, it can be potentially lost forever, making investigating the accident much more difficult.

What are the most common causes of Semi-Truck accidents?

A great deal of Semi-Truck related accidents are caused by driver error. This includes poor decision making such as speeding, following other vehicles too closely, or failing to pay sufficient attention to their surroundings because of fatigue or distractions. Other common factors of accidents with large trucks include mechanical problems, like errors with the brakes, and unexpected traffic flow interruptions or the need for a sudden stop.

Many accidents are also caused when a driver is unfamiliar with the area they are driving in. A mistake that could be recovered from with an ordinary vehicle can often result in a devastating accident when a large truck is involved.

How much are truck accident cases worth?

Though individual cases vary widely, the scale of truck accidents often leading to devastating injuries and significant damage have caused them to often be much larger than other cases.

Though there are often relatively small cases when an accident was not caused primarily through the fault of the truck driver or trucking company, many claims relating to large trucks have often reached settlements approaching or significantly passing $1,000,000.

What kind of injuries do people usually get from Semi-Truck Accidents?

Due to the sheer size and weight of the vehicles involved, accidents involving Semi-Trucks often result in devastating injuries.

Disfigurement, brain injuries, broken bones, spinal cord injuries and significant muscle and soft-tissue injuries are all possible injuries from an accident involving a Semi-Truck, if the victim manages to survive. Tragic fatal injuries are also not uncommon in more severe accidents.

Accidents involving a semi-truck are among the most serious and most deadly in the United States. An experienced Scranton based semi truck accident lawyer has a thorough understanding of commercial vehicle regulations on both the federal and state level for Pennsylvania.

You may not have considered this, however hundreds, of truck accidents, occur in the greater Scranton area. 

Whether you commute every day on the Scranton Expressway or leave for a weekend in the country by taking Interstate 81, it is highly likely you have encountered numerous commercial or semi-trucks along your drive.

Have you or a loved one been hurt in a Truck Accident?

Experienced semi-truck accident lawyers will represent your interests fully so that you can focus on your important recovery needs. Additionally, they will help you get the compensation you deserve, in your favor, whether you’re the victim or a surviving family member.

Since trucks are so much heavier than passenger vehicles, they can cause more damage during accidents. Truck accident injuries are often severe or even disabling. For victims, it’s essential to obtain adequate compensation to cover short-term medical expenses and long-term losses. These could include lost earnings and ongoing healthcare costs that an experienced truck accident attorney knows how to negotiate for you.

The insurance company providing coverage to the trucking company may be eager to settle your claim quickly for a relatively small amount. An attorney can help you understand the types of compensation available. Plus, he or she can evaluate all of your losses – now and in the future. Together, you can then determine what kind of settlement would be appropriate.

A Truck Accident Lawyer Brings Peace of Mind

The firm proudly provides excellent customer service that sets them apart from other personal injury lawyers, medical malpractice lawyers, and truck accident attorneys.

Call us today to schedule a free, no-obligation consultation with our offices to discuss your options and start the claim process. In the aftermath of a truck accident, an aggressive lawyer like the ones from O’Malley & Perry protect your interests fiercely. You can reach us at 570-348-3711 for a free consultation and speak with a dedicated car accident, motorcycle accident, and truck accident attorney.

As experienced attorneys, we can help you evaluate the facts, assess your options, and manage the legal challenges. We help you recover damages for your loss, in your favor, so that you can focus on your recovery.



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Trucking Accidents Statistics and Common Causes

A loaded 18-wheeler truck can weigh upwards of 80,000 pounds as it is rolling down the road. Given the dramatic difference in size and weight between an 18-wheeler and a car, passengers in a motor vehicle will likely experience catastrophic injury or death when an 18-wheeler collides with a car, even at speeds far slower than would normally be expected. This is because of the basic principle that force equals mass times acceleration. The mass of an 18-wheeler is far greater than that of a car and its passenger, and the forces applied by an 18-wheeler even at lower speeds often have devastating consequences. The Northeast Pennsylvania truck accident lawyers of O’Malley & Perry Law, are experienced in 18 wheeler accident cases and can pursue damages on your behalf. Unlike other injury attorneys, we are prepared to go to trial if you’ve been injured as a result of a truck driver’s carelessness in the event that a fair settlement cannot be reached on your behalf. The Federal Motor Carrier Administration reported 78, 268 crashes involving large trucks in 2019, with 2,148 of those crashes resulting in fatalities.

Source: FMCSA – Crash Statistics.

Regarding the cause of large truck wrecks, The Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration identified the following top common 10 factors in large truck accidents involving injury or death: brake problems; traffic flow interruption (congestion, previous crash); prescription drug use; traveling too fast for conditions; unfamiliarity with roadway; roadway problems; required to stop before crash; over the counter drug use; inadequate surveillance; and fatigue.

Source: FMCSA – The Large Truck Crash Causation Study – Analysis Brief.

At O’Malley & Perry Law, our Northeastern Pennsylvania truck accident attorneys and legal staff have significant experience in handling truck accidents and obtaining results for our clients. Trucking accidents are often complex, and it takes hard work from start to finish to prevail. From the outset, our team will hire the necessary expert witnesses to properly document the scene and the vehicles involved. Expert witnesses will also pull the “black box” data and obtain all other available electronic information available.

Additionally, our attorneys and legal staff aggressively pursue all responsible parties on our client’s behalf. Often times, the list of responsible parties for a trucking accident is quite long, as trucking companies often enter into complex business arrangements with other companies who can be responsible for maintaining the trucks, dispatching the trucks, auditing the drivers, and monitoring the locations of the trucks as they travel across the country. Depending on the cause of the accident, these entities can be responsible for the damages caused in a trucking accident alongside the truck driver and the truck driver’s employer. Were the tires on the truck improperly maintained? Were the driver’s logs incomplete? Had the dispatcher failed to properly monitor how long the driver had been on the road? Was the load improperly positioned on the trailer?

For these reasons and many others, it is important to hire experienced truck wreck lawyers serving the Scranton – Wilkes- Barre area, and O’Malley & Perry has the experience. If you or a loved one has been seriously injured or killed due to a trucking accident involving an 18-wheeler or large construction vehicle, contact the Northeast, Pennsylvania, law firm of O’Malley & Perry Law. We can evaluate your case represent you through litigation and trial. We are experienced trucking accident attorneys who represent injured people in Lackawanna, Luzerne, Monroe, Carbon, Wyoming Counties and many other counties throughout the Commonwealth of Pennsylvania.



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Pennsylvania Medical Malpractice Statute of Limitations

If you have been injured as a result of the negligence of a healthcare treatment provider you are likely asking yourself the following important question: “How Long Do I Have To File A Medical Malpractice Lawsuit in Pennsylvania?”

Most states have statutes of limitations that define the amount of time during which an individual can file a lawsuit claiming injury related to medical malpractice, negligence or other personal injury. In Pennsylvania, the statute of limitations on most medical malpractice, negligence or personal injury claims is 2 years.

There are circumstances that change the limitation period for filing a lawsuit, including claims where the victim is a child or minor (Minors Tolling Statute) or when the injured party is unaware in spite of reasonable investigation that their injury was caused by malpractice or negligence (The Discovery Rule.)

The attorneys of O’Malley & Perry have been practicing law in Pennsylvania for over 70 years so we have a lot of experience in identifying and determining how the statute of limitations affects your medical malpractice or personal injury claim.

Pennsylvania Minors Tolling Statute

If a child is injured by medical malpractice before the age of 18, the two-year statute of limitations does not begin to run until the child reaches 18. Thus, a claim for damages related to an injury to a child can typically be filed any time before the individual reaches the age of 20 years.

The Discovery Rule

The Discovery Rule may extend the amount of time in which you have to file a claim in cases of medical negligence or malpractice. If a person is unable despite reasonable diligence to learn that they are injured or that their injury may have been caused by the negligence of a health care provider, the Discovery Rule may apply.

Depending on the amount of time that has passed, The Discovery Rule may allow for the recovery of damages, even if the two-year statute of limitations has already expired.



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Most Car Accident Fatalities By State

The leading cause of death in the United States as of 2019 is car accidents. Many states differ in what type of crashes were the leading cause of death in their areas. Here are some car-related accidents that are most common in each state: side-impact, single-vehicle, multiple-vehicle, and head-on. Despite this, on the other hand, there are also similar causes to these fatal car accidents occurring. Those reasons include speeding, intoxication, distracted driving, auto defects, and bad weather.

The 5 states with the most deaths per 100,000 people were:

  1. Mississippi (22.2)
  2. South Carolina (20.4)
  3. Alabama (19.5) 
  4. Wyoming (19.2)
  5. New Mexico (18.7)

Pennsylvania’s Motor Vehicle Accident Statistics are as follows:

Deaths: 1,190

Fatal Crashes: 1,103

Deaths per 100 Million Miles: 1.17

Total Vehicle Miles: 102109

The source of the above information is https://worldpopulationreview.com/state-rankings/fatal-car-accidents-by-state. Click the link to check out additional motor vehicle accident statistics!



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5 Tips to Help Avoid a Car or Truck Accident

Every time we get behind the wheel of a motor vehicle, each of us has a responsibility to protect ourselves, our passengers, and other motorists by doing all we can to prevent a car accident from happening. Whether you are driving along the Pennsylvania back-roads or on one of the Commonwealth’s many interstate highways, there are driving tips that you should follow in order to help you prevent an car or truck accident:

Limit distractions.

There are numerous distractions in our lives these days, especially in our motor vehicles. Using your cell phone, texting, and fiddling with the radio or GPS should all be done when you are at a complete stop or avoided altogether. Give 100% of your attention to the road. The text message can wait!

Keep a proper lookout for others.

Make certain that your mirrors are in the correct position. Also, take some time to turn around and look before changing lanes or entering the highway to make certain that you are not about to pull out in front of someone. Also, try to avoid the blind spots of other drivers, especially semi-trucks. If you can, limit the length of time that you have to be in their blind spot.

Limit nighttime driving.

No matter how good your eyes are, night driving is still more difficult and comes with a higher risk of accidents. Not only is your visibility reduced when it’s dark out, but also drunk drivers tend to be out on the roads much more during this time. If you have to drive after midnight, make sure you stay extra alert for reckless drivers.

Drive Defensively.

Never just assume that a driver is going to stop or turn. It’s better to assume they may not! For example, when going through a red light, still look both ways to check if anyone is going to run the light. Not only do drunk drivers often run red lights, but so do distracted drivers. Remember, it may be an accident that their turn signal is even on. Better to drive cautiously.

Keep your vehicle in good condition.

Always stay up-to-date with car checkups by taking it to an experienced mechanic in your area. Also, don’t drive on old tires that could blowout at any moment, potentially causing a wreck. Get any odd noises checked out before getting on the highway. Take pride in your vehicle and do all you can to make sure it is running properly.

Unfortunately, the fact remains that sometimes no matter how cautious you are, an accident can still happen. However, by putting these tips into practice you can certainly better your chances of avoiding a car or truck accident.



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7 Common Types of Truck Accidents

Although heavy commercial trucks make up less than 5 percent of all registered vehicles nationwide, the Federal Motor Carrier Safety Administration (FMCSA) reports that more than 13 percent of all fatal crashes on U.S. roadways involved at least one large commercial truck or bus. According to recent data published by the FMCSA there were 273,602,100 registered vehicles in the United States, including 13,233,910 large commercial trucks.
Of all the individuals killed in large truck crashes on American roads, more than 7 in 10 were the occupants of other vehicles – not the large truck. While there’s no denying that we need these multi-ton rigs to keep modern society moving, it’s obvious that they have the potential to be very dangerous.

Below, O’Malley and Perry Law discuss which types of tractor-trailer accident cases we see most frequently and why they occur. If you’ve been injured in a Pennsylvania truck accident, call us or contact us online for a free consultation.

Truck Rollovers

A truck rollover accident is one of the most catastrophic and terrifying wrecks imaginable. Tractor-trailers and other large commercial trucks have a much higher center of gravity than standard passenger cars. Truck drivers must be very careful when going around tight turns or making sudden swerves.

If drivers take turns too sharply or drive too fast for conditions, the trailer may flip and roll the entire truck over onto one side, creating a dangerous and deadly hazard for everyone on the road.

In some cases, rollover accidents happen because truck drivers are behaving recklessly or negligently by speeding, driving while distracted or fatigued, or under the influence of intoxicating substances. In other cases, a truck rollover accident may occur even when truck operators are driving safely and responsibly.

For example, a trailer that was overloaded or improperly loaded by a cargo crew may sway dangerously as it makes its way through a turn. Many rollover accidents happen because of tire blowouts, which may result from improper maintenance of tires or due to design or manufacturing defects.

Rear-End Collisions

In rear-end truck accidents, the enormous difference in size and weight between a large commercial truck and a standard car can easily lead to passenger vehicles being crushed upon impact. Tractor-trailers are heavy and slow to maneuver, so truck drivers need much more time and distance to slow down, avoid road hazards, or come to a safe stop behind other vehicles.

When truck drivers are distracted, speeding, or tailgating, their negligence can lead to devastating rear-end accidents with other vehicles. Impaired driving and driver fatigue are also common causes of rear-end accidents. Inexperienced truck drivers – or those in a hurry – who fail to observe the FMCSA-recommended following distances also create hazards when they do not leave themselves enough time and space to slow or stop.

Head-On Collisions

When drivers are reckless, negligent, or simply lose control of their vehicles, they can drift out of their lane and straight into the flow of oncoming traffic. Head-on collisions may also happen at red lights, stop signs, or other intersections when drivers fail to observe the proper right-of-way.
A truck may collide head-first with another vehicle for a variety of reasons. The truck driver may be fatigued from long hours trying to meet demanding quotas and slowly gravitate into opposing lanes as they nod off. Operators may also be driving under the influence of alcohol or illegal drugs. They may experience a mental crash following excessive OTC stimulant use and drift toward oncoming traffic by accident. Tire blowouts that commonly lead to rollover accidents may also cause drivers to lose control and swerve unexpectedly into other lanes, increasing the likelihood of a head-on wreck.

Jackknife Accidents

Jackknife accidents occur when large trucks with articulated joints between the tractor and its attached trailer make improper turns or braking maneuvers, and the resulting force causes the trailer to swing wide around its pivot point to create a shape like a folding jackknife. This type of wreck is especially dangerous due to the sheer unpredictability of a skidding trailer, which may strike nearby vehicles and carry them along as the truck bulldozes its way through traffic.

The most common cause of jackknife accidents is truck drivers braking improperly. When truck drivers brake too quickly or too hard in inclement weather conditions, the tractor can slow down faster than the trailer it is towing. This can result in a fishtailing motion by the trailer. The back of the trailer may then skid out to one side and cause a jackknife.

Taking turns too quickly can lead to similar situations. Even if a jackknifed trailer manages to avoid colliding with other vehicles before it comes to a stop, incoming traffic may still crash into the resulting road obstacle and cause multi-car pileups.

T-Bone Accidents

T-bone accidents, also known as side-impact or broadside crashes, occur most frequently at intersections. Tractor-trailers and other large trucks traveling through intersections at perpendicular angles sometimes run red lights, ignore stop signs, or otherwise violate the proper right-of-way and end up colliding with the sides of other cars, creating a “T” shape.

These wrecks tend to be especially devastating for drivers or passengers located on the side of the vehicle that absorbs the impact of a T-bone crash. Truck drivers who are speeding, distracted, drowsy, or intoxicated may illegally run through intersections and cause T-bone wrecks. A T-bone crash can also happen when a truck driver makes an improper turn across one or more lanes of traffic, causing other vehicles to slam into the side of the cab or trailer.

Sideswipe Accidents

A sideswipe truck accident is similar to a T-bone collision, except cars that collide in sideswipe accidents are generally traveling side-by-side in the same direction when they crash. In many cases, sideswipe accidents between trucks and passenger cars occur when commercial drivers fail to adequately check their many blind spots before changing lanes or merging into traffic.

In other cases, truck drivers may lose control of their vehicles because of tire blowouts, road obstacles, intense wind, or other inclement weather. Distracted, drunk, drugged, or fatigued drivers may also simply lose focus on the road and drift into nearby cars in adjacent lanes.
These accidents are particularly dangerous because a sideswiped car may be forced sideways into other lanes of parallel traffic, causing multi-vehicle pileups and even more damage.

Wide Turn Accidents

Right-hand turns are usually tighter than left-hand turns, so truck drivers must navigate these maneuvers with special caution. Sometimes, truck operators attempt to make right-hand turns by first swinging their cabs wide to the left, then circling through a right-hand turn to avoid the “right turn squeeze” that occurs when trailers do not have enough space to make proper right turns. However, this creates a dangerous situation for vehicles in neighboring lanes, which may crash into the trailer or even get caught underneath the truck as it swings left.

Instead of veering left, the FMCSA recommends that truck drivers should instead travel straight through to the farthest lane of the road onto which they’re turning, then complete the turn by maneuvering rightward into the closest available lane. This kind of turn still requires drivers to safely judge the amount of time and clearance they have but is generally much safer. Truck drivers who neglect to follow this safety advice, or otherwise make unsafe wide turns because they are distracted, drowsy, or intoxicated, may cause severe injuries in wide turn accidents with other vehicles.

Contact a Pennsylvania Semi-Truck Accident Attorney Today

No matter which kind of truck accident caused your injuries, you shouldn’t be held financially responsible for damages that occurred through no fault of your own. With the help of an experienced Scranton truck accident attorney, you can pursue the compensation you deserve in a truck accident insurance claim or lawsuit.

At O’Malley & Perry, our relentless team is exclusively focused on helping Pennsylvania residents whose lives have been upended by catastrophic personal injuries. We understand that an unexpected injury from a commercial vehicle accident can affect your entire world for as long as you live, so we’re happy to provide full-service assistance to all of our clients. Whether you need strong representation in court, basic legal advice, or even some help finding a doctor who will treat your injuries, the team at O’Malley & Perry is here to assist you.

We never charge legal fees unless and until we win compensation for you, so you assume no risk whatsoever in seeking our help. Feel free to call or text us anytime, even after normal business hours to start your free, no-obligation consultation.



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3 Main Causes of Neglect in Nursing Homes

Negligent Hiring

Sometimes nursing homes hire caretakers who present a higher risk of abusing or neglecting the elderly.
Nursing homes should follow a thorough screening process to check an applicant’s criminal background and certifications. If they don’t, they may end up hiring people with a track record of abusing or neglecting seniors.


When a nursing facility does not have enough staff, each resident receives less attention, increasing the risk of neglect. Federal studies and data from 2018 found that most U.S. assisted living facilities are understaffed.

Inadequate Training

Nursing home staff members who are not properly trained for their roles can slip into patterns of neglect and abuse.
Undertrained caregivers and aides are more likely to make mistakes with medications, mishandle elderly residents, and create other problems that harm older adults.

Call O’Malley & Perry Law with questions about a nursing home abuse and/or neglect case.



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7 Warning Signs of Nursing Home Neglect

Nursing home abuse and neglect is a common issue in Pennsylvania, specifically Northeastern Pennsylvania.
Those concerned about a nursing home’s quality of care can look for red flags that may mean neglect is occurring.
There are seven warning signs of nursing home neglect:

Loss or Lack of Mobility

Good nursing homes have programs and policies to keep residents physically active and mobile.
Neglectful nursing homes may leave residents sitting in their beds or wheelchairs for long periods of time, causing them to develop mobility issues.

Bed Sores/Pressure Ulcers

Neglect at a nursing home can result in nasty bed sores for you or your loved one. If your loved one is complaining about a bed sore you should make a complaint to their nurses and the nursing home administration immediately. If the issue persists contact a nursing home abuse attorney immediately.

Poor Resident Hygiene

Many elderly people need help with personal health care, such as brushing their teeth and bathing. Nursing homes without enough staff members often fail to keep residents clean and healthy.

Psychological Issues

Neglect may lead to emotional issues, such as fear of caregivers, a reluctance to open up to staff, or anger and resentment.
Constant neglect can cause anxiety or depression, and some residents may distance themselves from friends and family members as a result.

Signs of Inadequate Nutrition

Many residents in neglectful nursing homes suffer from malnutrition and dehydration because they are not getting enough food or water.
Loved ones should look for signs of malnutrition, such as tiredness or irritability, complaints of being cold, hair loss, and papery skin.

Unexplained Injuries

Nursing homes with staffing issues are less likely to prevent nursing home residents from accidentally — or intentionally — harming themselves or others. Residents may suffer from serious injuries like broken bones, cuts, and scrapes as a result. Furthermore, staff members may not report nursing home injuries in a timely manner or even know how a resident was injured.

Unsanitary Living Conditions

A nursing home should provide clean clothing, bedding, and living areas. Facilities should also be free from pests and mold. If a nursing home is often dirty, your loved one may be at a higher risk of neglect.

Contact O’Malley & Perry Law regarding your nursing home abuse case today if you see any of these warning signs present with your loved one.



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What are Common Types of Personal Injury Cases?

Motor Vehicle Accident. Each year millions of people are injured, sometimes fatally, in motor vehicle accidents. Millions of people are injured each year in accidents involving cars, trucks, motorcycles, pedestrians, and bike riders. If you have been injured in a motor vehicle accident, either as a driver, a passenger, or a pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. An experienced car and truck accident attorney will protect your rights throughout the legal process.

Medical Malpractice. The negligence of doctors, nurses, hospitals, and other medical professionals can cause serious injuries. There are many different types of medical malpractice, including misdiagnosis, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injury (errors committed during the delivery of a child), and failure to diagnose cancer or other serious health conditions. Medical malpractice cases are complex and require the expertise of a medical malpractice attorney. If you have been injured or lost a loved at the hands of a medical professional, it crucial to retain an experienced attorney who can promptly evaluate the potential malpractice and, if necessary, aggressively pursue legal action to compensate your for your injuries and loss.

Wrongful Death. As its name implies, the term “wrongful death” describes a type of lawsuit that may be brought when someone has been killed due to someone else’s carelessness. Most wrongful death suits arise out of car and truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of a defective or dangerous product. At O’Malley & Perry Law we have over 60 years of experience handling personal injury and wrongful death claims.

Workplace Accident. When someone is injured or killed while working for their employer, they generally are not allowed to bring a personal injury lawsuit against their employer. Instead, the injured employee must institute a claim under the Pennsylvania Workers’ Compensation Act, which requires employers to provide various benefits to their injured workers. These include medical treatment, “temporary total disability” (i.e., wages), and a lump-sum payment, otherwise known as “permanent partial disability,” to compensate the injured worker for his or her injuries. Workers’ compensation law varies from state to state and has many potential obstacles and pitfalls. An experienced Workers’ Compensation attorney will guide you through the process and ensure your rights are protected.

Premises Liability. “Premises liability” refers to accidents caused by a dangerous or defective condition on someone’s land. These accidents can occur almost anywhere, from commercial properties such as grocery stores, restaurants, gas stations, malls and retail stores, to a neighbor’s home or a public or private swimming pool. A wide range of defective or dangerous conditions can give rise to a “premises liability” claim, ranging from falling down a staircase because of a missing handrail, to tripping over an obstacle or slipping on a spill in a walkway or aisle, to getting bitten by a dog, among many others. It is critical to document the dangerous or defective condition as soon after the accident as possible. A personal injury attorney will help you do this and protect your rights throughout the legal process.

Products Liability. Dangerous and defective products can cause serious injury in the home, in public places, and at work. Improper warnings and operation manuals can also lead to injuries. Examples of harmful products include dangerous drugs, food, consumer products, and children’s’ products; defective vehicle parts and medical devices; and toxic materials and chemicals. Responsible parties can be individuals, businesses, or government entities who sold, designed, manufactured, or marketed a dangerous or defective product. If you have been injured by an unsafe product, it is important to contact an experienced attorney to evaluate the harmful product, identify the responsible parties, and ensure that you receive maximum compensation for your injuries.

Other Types of Personal Injury Cases. These include nursing home abuse or neglect; aviation and boating accidents; animal and dog bites; brain, birth, burn and spinal cord injuries; other catastrophic accidents and injuries; food poisoning; asbestos exposure and mesothelioma; legal malpractice.



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Is Medical Malpractice Common?

At O’Malley & Perry Law we have over 40 years of experience handling medical malpractice or medical negligence cases.

If you have been injured due to the substandard or unethical care of a doctor, health care professional or hospital, you may be entitled to compensation for your injuries. At O’Malley & Perry Law, we believe that healthcare providers who fail to live up to the ethical standards of their practice and cause harm to a patient must be held accountable under the law.

You may think that medical errors are uncommon but a study from Johns Hopkins in 2016 found that medical errors were the 3rd leading cause of death in the United States. When a doctor fails to abide by established care in the diagnosis, treatment, testing, and follow-up of a patient, it can lead to injuries, complications, and even death.

Many different behaviors by healthcare providers can be considered negligence under the law, and consequently, malpractice:

  • Misdiagnosis
  • Failure to recognize symptoms
  • Failure to treat complications
  • Failure to make a specialist referral
  • Misreading or ignoring lab reports
  • Surgical errors
  • Prescribing the wrong medications or dosages
  • Premature discharge
  • Failure to perform follow-up care
  • Birth Injury

Proving Malpractice

A patient has the right to expect a level of care that is ethical, qualified, and to the standards of care of the provider’s particular field. When this doesn’t happen, a medical malpractice claim can be brought to prove that the health care provider did not perform to those standards and did not act in a way that was reasonable for a professional of their training and experience.

In order to prove medical malpractice under PA Law it is necessary to establish that the healthcare provider failed to exercise that degree of care, skill, and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.

There is also a requirement that the substandard care and/or treatment was a proximate cause of the injury, this is also known as “causation” in the legal world. The law places the burden of proof on the injured party to prove that negligence was a factor in their injuries. If you have been injured by the negligence of a doctor or other health care provider, it is critical to have the assistance of a skilled medical malpractice lawyer offering professional legal guidance.



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