Posts Tagged ‘Brian J. Walsh’

Attorneys Brian J. Walsh, Patrick E. Dougherty and James M. Wetter recently settled a tractor trailer/automobile accident case for 1.75 Million Dollars. The initial offer in the case was $50,000. After litigating the matter, the case resolved at a settlement conference with the Trial Judge from the Court of Common Pleas of Lackawanna County, Pennsylvania.

The Plaintiff asserted a claim for compensatory damages to recover for his pain and suffering, past medical bills and loss of wages and earning capacity into the future. The Plaintiff also had a viable claim for punitive damages based upon the conduct of the tractor trailer driver and the companies who employed him. This case highlights the importance of retaining attorneys who not only have experience in personal injury cases, but who also have specialized experience in tractor trailer litigation. Attorneys Walsh, Dougherty and Wetter are members of the Association of Plaintiff Interstate Trucking Lawyers of America, have handled numerous tractor trailer cases and have traveled the country attending various tractor trailer litigation seminars. If you have been involved in a tractor trailer accident, please feel free to contact DLP for a free consultation. It is extremely important to obtain counsel as soon as possible after the accident to ensure that all evidence is preserved and that your rights are protected.

A 30 year old woman was injured in an automobile accident when the Defendant rear-ended her vehicle as it was parked in a lot. As a result of the accident, the Plaintiff suffered terribly from the impact. After several months, it was confirmed that the Plaintiff had a congenital malformation of her skull which was aggravated by the impact.

With the automobile insurance carrier of the Defendant denying compensation, the Plaintiff came to DLP where she was represented by Attorneys James Wetter and Brian J. Walsh. At trial, Attorney Walsh cross-examined the Defendant’s neurosurgeon. One day after the cross-examination, the insurance carrier for the Defendant tendered the policy limits to the Plaintiff. Attorney Wetter had previously secured the policy limits for the Plaintiff in her underinsured motorist claim.

A 57 year old paraplegic who sustained right shoulder injuries while staying at the Holiday Inn Express secured a settlement of $750,000.00 based on the negligence of the defendant. The plaintiff, who was represented by Personal injury Attorneys Patrick Dougherty and Brian J Walsh of the DLP Law Firm, suffered a torn bicep tendon, as well as a torn rotator cuff when the safety bar detached from the wall while the plaintiff was alighting from the commode.

As a result of the incident, the plaintiff underwent arthroscopic surgery for his torn rotator cuff. At the time of the incident, the plaintiff was employed by the paralyzed veteran’s association as a wheelchair repair person. Due to the incident, the claimant was deemed totally disabled and was unable to continue his employment.

DLP pursued a theory of liability that the safety rail was inappropriately secured to the bathroom wall. In addition, the complaint filed by DLP alleged that the defendant was negligent for failing to have appropriate inspection measures in place to ensure that the safety rails were properly attached to the wall.

The case settled prior to trial with the plaintiff securing a settlement in the amount of $750,000.00 to compensate for future loss of earning capacity and plaintiff’s pain and suffering.

Personal Injury Attorney, Brian J. Walsh, Esquire of Dougherty, Leventhal & Price, LLP recently obtained board certification through the National Board of Trial Advocacy. Brian is the son of Donald and MaryAnn Walsh and currently resides in Scranton with his wife, Lori, and 2 year old son. Brian obtained his Bachelor of Science Degree from the Pennsylvania State University in 1995 as well as his Juris Doctorate Degree from the Dickinson School of Law in 1998. Brian has been associated with Dougherty, Leventhal & Price, one of the areas largest personal injury law firms, for the past 5 years where his practice focuses exclusively on representing injured persons in automobile accidents, tractor trailer cases, product liability matters and slip and fall accidents. Brian sees clients at his Moosic and Kingston offices.

Recently, Pennsylvania Personal Injury Attorneys Brian G. Price & Brian J. Walsh of the law firm of Dougherty, Leventhal & Price, L.L.P. scored a major victory for car accident victims in the Pennsylvania Superior Court.  DLP’s latest victory will have a direct effect on motor vehicle victims’ cases throughout the Commonwealth and assist thousands of victims to receive the compensation they deserve.

In April of 2001, the Plaintiff, Thomas Vaxmonsky, was seriously injured in a motor vehicle accident near Scranton, Pennsylvania.  Mr. Vaxmonsky retained the professional legal services of Dougherty, Leventhal & Price, (DLP law).  Attorney Brian Price immediately collected off of the person who caused the accident and simultaneously looked to American International Insurance Company to secure Thomas Vaxmonsky’s underinsured motorist coverage (UIM) which protected him on the date of the accident.

American International Insurance Company advised Attorney Price that Thomas Vaxmonsky had rejected UIM coverage.  Attorney Price requested proof of the rejection.  Attorney Price analyzed the paperwork and discovered that American International Insurance Company had not followed the very strict laws of Pennsylvania as it relates to an insured properly rejecting UIM coverage.  Thomas Vaxmonsky’s proposed UIM rejection form was missing one word.

Attorney Price advised American International Insurance Company of their error.  The insurance company refused to accept responsibility and would not pay Thomas Vaxmonsky his UIM benefits.  Attorney Price fought the insurance company in Luzerne County and all the way up to the Pennsylvania Superior Court.

Ultimately, in American International Insurance Company v. Vaxmonsky 2006 Pa. Super. 373, the Pennsylvania Superior Court agreed with Attorney Price and ruled that because AIIC’s proposed rejection of Uninsured Motorist Coverage was missing one word; it did not comply with 75 Pa.C.S.A. §1731.  Hence, Thomas Vaxmonsky was afforded the $400,000.00 worth of underinsured motorist coverage which DLP argued protected him on the date of the motor vehicle accident at issue.

Thomas Vaxmonsky received his money and now thousands throughout Pennsylvania are able to receive the underinsured motorist coverage that many did not even know they rejected.  Another example of why it is so important to hire a lawyer to fight for your rights after a motor vehicle accident.

Respectfully submitted,
Attorney Brian G. Price
DLP law
Toll Free 1-877-357-9700