Property Damage and Loss: What you should know...

Protecting your home and personal property needs to start before a disaster strikes. Often, having an attorney on retainer to review your insurance policies and personal needs is a great first step. In order to fully manage your risk related to your personal property there are many things to consider.

Get the right insurance policy

A good insurance broker should take the time when you select your insurance policy to clearly explain your coverage’s and to make sure that you have coverage in excess of what you currently own. Many of our clients are surprised by how quickly replacement costs accumulate. You do not want to find yourself underinsured and if you are grossly underinsured you will not be able to return to the life that you had before the disaster. If you have questions about your policy make sure to contact your attorney immediately. You want to know what you are agreeing to!

All insurance policies are not created equal

From company to company and policy to policy, coverage’s often vary. Many times certain items are not covered in one type of policy that is covered in another. Often additional riders or addendums need to be purchased in addition to the basic homeowner policy to cover specific valuable items. Periodic policy evaluations and if necessary, limit increases are recommended. Also, know what the policy deduction is and make sure that it is a realistic amount of money that you can pay if needed. Flood and earthquake insurance is typically not included in most basic homeowner policies. You need to inquire about these and other riders when deciding upon your policy and often times a legal opinion on a specific policy for your unique needs may be required. In addition, there are additional liability coverage’s within many liability policies that many of our clients forget about that you may want to review with a legal advisor.

Understand your policy

An important step after a disaster is to retrieve your insurance policy and verify your policy limits and exclusions to coverage. Have a copy of your policy stored in a fire safe or safetydeposit box. It is also a good idea to keep purchase receipts from valuables, antiques,electronics, etc. in this same location. If you are facing a catastrophic or total loss, it may be a good idea to consult an attorney at this time just so the insurance company knows that you have someone available to help if necessary.

If you are not getting a fair settlement call us!

Remember that it is the insurance companies business to insure your property. In other words, it is their obligation to pay for your damaged property but it is a business hence they are in it to make money. They will pay minimums unless challenged. This is when you may need legal assistance. If you find yourself in settlement negotiation that is not going the way you think it should, contact an attorney that has experience in claims negotiation most likely bad faith claims.

Medical Malpractice in Pennsylvania

We all place a lot of faith and trust in doctors. After all, they are trained to heal us, to take care of us, to diagnose and treat us. But health care professionals are human and mistakes are always possible. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in physical injury, harm or death to a patient.

When something goes wrong, we ask questions. What happened? Why did it happen? What was done and when? Was the diagnosis correct? Could it have been prevented? Unfortunately, the answers are not always forthcoming or are not clear and understandable. You can be sure one of the first calls a doctor or hospital makes is to their insurance's attorney's office. This can be the beginning of a long, complicated and overwhelming process. One in which you need to have an attorney on your side with the experience to understand medical terminology and the determination to secure the maximum compensation for your pain and suffering. Medical Malpractice cases are complicated. Whether it involves a doctor, nurse, psychologist, therapist or other medical professional, there are four areas of negligence that must be established.

An abrogation of a duty owed by a health care provider to the patient. A legal duty exists whenever a patient enters a hospital or healthcare provider for treatment.

There was a failure to exercise the degree of care used by reasonably careful practitioners of like qualifications in the same or similar circumstances. This is known as conforming to a relevant standard of care. For a plaintiff to collect damages in a court of law, the plaintiff's attorney must show that the provider owed the patient a duty and that the provider's violation of the standards of care caused the patient's injury. There must be damages. Without damages there is no basis for a claim.

Damages may include compensatory and punitive damages. Compensatory damages are both economic and non-economic. Economic damages include financial losses such as lost wages, medical expenses and life care expenses. Non-economic damages are assessed for the injury itself: physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain and emotional distress. Medical Malpractice can occur in a doctor's office, in the hospital, in a nursing home, on a psychologist's couch, in a birthing suite, in a lab, in surgery, even in the pharmacy. When it does, it affects your entire family as you try to come to terms with knowing your loved one's death or disability could have been prevented by proper medical care.

Let us help you get the compensation - and peace of mind - you deserve. Call 570 714 HURT for a free case review today.

photo courtesy of albany.com

What constitutes negligence in a medical malpractice case?

If you or a loved one has experienced a botched surgery, poor medical treatment, or even death, you might be entitled to financial compensation as a result of medical malpractice.

You're probably wondering whether or not you have a case. In a medical malpractice case, your attorney must have one or several medical expert's testify that no reasonable health care provider would have done what your health care provider did, and that the doctor or health care provider's negligence caused or worsened your injury.

This can be difficult to prove in cases involving misdiagnoses. If a doctor fails to correctly diagnose a patient with cancer and the patient dies sixth months later, the doctor can argue that the patient experienced a terminal condition and would have died regardless of whether or not he would have been treated.

A doctor can be held liable for misdiagnosing a condition, failing to correctly treat a condition, incorrectly treating a condition (ie, administering the wrong medication), or failing to adequately warn a patient about the medical treatment they received, and failing to provide them with information about other available treatments.

One of the most difficult legal cases that exists is the medical malpractice case. In fact, very few cases are qualified to handle them, which is why they are so often overlooked or denied by law firms. At Fellerman & Ciarimboli, we take pride in our experience in taking on insurance companies, doctors, and hospitals. We have close relationships with medical experts that are readily available to look over your case. We also employ the latest courtroom techniques and technologies to ensure that your case is handled with the best care available.

photo credit: medicallaborlawreferences

What to do if you are ever in an accident

If you are ever in a vehicle collision please follow this advice from the attorneys at Fellerman & Ciarimboli:

1. Stay calm. Make sure that you and your passengers are okay. Attend to any medical needs.
2. Call for help. Call 911 and give them your location. Let them know if anyone is injured so they can call for medical assistance.
3. File a police report. Insist that a report is filed with the police, sheriff or highway patrol. Answer the questions the best you can but do not admit fault.
4. Don't talk to strangers. Talk to no one about the collision or your injuries except your doctor or the medical staff at the collision site. Do not talk to an insurance adjuster.
5. Get the details. Make sure to write down the name, address, insurance information, vehicle license plate number, and driver's license number of all persons involved in the collision. Get the basic contact information of all passengers and witnesses. If you have a camera or camera phone, photograph the scene including all vehicles involved and any obvious injuries.
6. Do not sign anything without speaking to us. Truthful statements made in an attempt to be helpful can easily be misinterpreted and turned against you.
7. Seek medical attention. Tell your physician or surgeon exactly how the injury occurred and describe all symptoms and complaints. Be sure to report memory problems, confusion or disorientation however minor these things may seem to you at the time.

Collisions are life changing experiences. It is important that you have an attorney that will handle your case with personal care and compassion while aggressively fighting for the legal and medical treatment you deserve. The attorneys at Fellerman & Ciarimboli are not intimidated by insurance companies and have extensive experience dealing with them. We fight to get you the compensation you deserve, not a penny less.

Call us 24/7 at 570. 714 - HURT (4878)

PA Personal Injury: Woman Killed by Amtrak Train

A woman was found dead after being struck by an Amtrak train, Newark police reported. The 25-year-old woman was struck at approximately 8:30am after taking a short-cut across the tracks from her work, the Eagle Diner, to a friends house. The young waittress had served at the Eagle Diner for four years before her death last week.

Many are confused as to why Ines didn't hear or see the train approaching, but eye-witnesses eating at the diner recall seeing the woman chatting on her cell phone as the train approached.

It had been 14 years since someone was a victim to a train collision in PA, and Bridget Hom
NewYorkInjuryNews.comTags: amtrak train, Injury News, legal news, personal injury attorneys

Attorney Bios

Gregory E. Fellerman

Gregory E. Fellerman earned his B.A. from King College, his MBA from Wilkes University, and his law degree from Widener School of Law. As a law student Fellerman clerked for the Luzerne County Court of Common Pleas. After being admitted to the bar, Fellerman became a member of the Luzerne County District Attorney's office where he handled criminal matters for eight years. In 2000, Fellerman established a private law practice. In 2001, he served as the Solicitor for the City of Wilkes-Barre from where he connected with and earned the respect of citizens as well as city, county, and state officials.

Attorney Fellerman possesses a passion for representing victims of automobile collisions and nisurance bad faith claims as well as injured workers. His interpersonal skills and aggressive representation consistently wins his clients the compensation need and deserve. He is a member of the Luzerne County Bar Association, the Pennsylvania Bar Association, the Pennsylvania Trial Lawyers Association, and the American Trial Lawyers Association.



Edward j. Ciarimboli

Edward J. Ciarimboli recieved a dual B.A. degree from Wilkes University in Engineering and Political Science and recieved his law degree from Duquesne University School of Law. At Duquesne University he was admitted to the Order of the Barristers for excellence in Courtroom Advocacy and was named a national semi-finalist in the American Trial Lawyers Association Moot Court Competition. Ciarimboli served as a law clerk to Luzerne County Court of Common Pleas and the U.S. District Court for the Middle District of Pennsylvania.

Attorney Ciarimboli focuses his practice on achieving justice for the injured and has successfully represented victims of automobile collisions, defective products, medical negligence, trucking catastrophes, premises liability accidents, and insurance bad faith claims. In addition to his civil practice, Attorney Ciarimboli currently serves as the Solicitor for Luzerne County for the Mental Health Mental Retardation Program. This position has afforded him the opportunity to handle hundreds of commitment hearings for those individuals suffering from mental illness.

Attorney Ciarimboli is a member of the Luzerne County Bar Association, the Pennsylvania Bar Association, the Pennsylvania Trial Lawyers Association and the American Trial Lawyers Association. He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Court for the Middle District of Pennsylvania and the United States Court of Appeals for the Third Circuit.

Fellerman and Ciriamboli in the News: Mother, Daughter Sue Over One-Man Crime Spree

Each case that is won is considered a great success. We strive to always provide the best guidance and legal aid for each and every one of our clients. Below is a feature article about a case that Fellerman & Ciariamboli were involved in earlier this year.

The following article was posted in

Mother, daughter sue over one-man crime spree Lawsuit seeks more than $400,000 in damages against Joseph Solomon.
By Sheena Delazio, The Times Leader, March 28, 2009

WILKES-BARRE – A Larksville woman and her daughter injured in a Wilkes-Barre man’s one-man crime spree are now suing the man and his mother because of their injuries. Kathryn Hall, and her daughter Sarina, filed a lawsuit in Luzerne County court Friday, stating they are seeking more than $400,000 in damages against Joseph Solomon and his mother, Deborah.

Solomon was sentenced in June to 10 to 20 years in state prison on charges including aggravated assault and robbery. In March 2007, Solomon, while driving a garbage truck, rammed a police cruiser driven by Hanover Township Sgt. Ron Jarzenbovicz. Fairview Township police officers Dennis Monk and Jack Robshaw tried to stop Solomon, when he hit their vehicle, too, as well as the cruiser of Sugar Notch Police Chief Chris Pelchar. Two days later, police stopped a vehicle driven by Solomon’s mother when police saw Solomon hiding in the back seat. Solomon jumped into the front seat and drove away. He tried stealing another car driven by Kathryn Hall, where Sarina was in the passenger seat. Solomon fired a shot into the vehicle, shattering the window and cutting Hall with glass. She thought she had been shot. Solomon tried to carjack two other vehicles, but failed. Solomon was later apprehended by City-Wide Towing owner Bob Kadluboski, who held Solomon at gunpoint until police arrived. Hall, through her attorney Edward Ciarimboli, said in the lawsuit Solomon acted negligently, recklessly and carelessly that day, and caused Hall abrasions to her face and arm; post-traumatic stress disorder; anxiety and depression. Hall said her daughter also suffers stress, anxiety and depression because of the incident. The suit says Solomon used a deadly weapon, the gun, citing his mother, Deborah, provided Solomon with access to the handgun and didn’t secure the gun while it was in her household. The suit says Deborah Solomon enabled Solomon by helping him escape and evade police. The suit also alleges Solomon recklessly used a vehicle to cause damage/injury, and that Deborah Solomon should also be held responsible for allowing her son to use the vehicle.

Please refer to the following link read this article in it's entirety:
Lawsuit seeks more than $400,000 in damages against Joseph Solomon.