Injured as a Pedestrian

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Every day, throughout the United States, pedestrians are injured by cars, trucks, buses and other automobiles. For purposes of the discussion below, it doesn’t matter what type of vehicle hit you, nor does it matter what you were doing when you were struck (that is, whether you were running, crossing the street, walking on a sidewalk, or something else).

If you’ve been hit by a vehicle as a pedestrian, here are three things you should consider in evaluating your right to compensation.

1. Your car insurance will pay for your medical bills

First off, many people are surprised to learn that their car insurance is involved at all in an injury in which they were not in their car. But your car insurance covers you, not only when you’re driving in a car, but anytime that you are injured in a car accident.

This includes when the negligence of another driver causes your injuries, even if you were outside of the car at the time. The other party’s car insurance will be liable for some aspects of your injuries (more on that below), but your car insurance will pay your initial medical bills.

The other party’s car insurance will be liable for some aspects of your injuries (more on that below), but your car insurance will pay your initial medical bills.

hit by a vehicle a a pedestrian

That’s right. Even though you may not have been at fault at all for your injuries, your car insurance will pay the first several thousand dollars of your medical costs. Sometimes, an injury victim doesn’t like to hear this. They want to “go after the other guy” to make him pay for the injuries. But Pennsylvania law provides that everyone’s car insurance should cover the first several thousand dollars of injury coverage (and sometimes more) in order to ensure that you are able to immediately seek medical treatment.

There’s no copay associated, which means that even if you have health insurance, you should send the bills to your car insurance first, until they no longer have any coverage left for you. This type of insurance is called “Personal Injury Protection,” or “PIP.” So, make sure that your car insurance pays the first bills that you receive.

2. You’re entitled to recover for pain and suffering as well as lost wages in most cases

When you are hit by a car while walking, you are entitled to payment for your medical bills, of course, but you’re also entitled to recover from car insurance for your pain and suffering, for lost wages, and for the inconvenience that the injuries have caused you. Just paying your medical bills doesn’t make you “whole.”

After a personal injury, you will deal with the inconvenience of your life being disrupted, of being able to do daily activities such as exercise or sports you enjoy, or even shop for yourself or play with your kids. You are entitled to compensation for all of this. The car insurance should also pay for your lost wages and for other damages.

An experienced personal injury attorney can help you identify these and other types of damages you’re entitled to under the law.

3. What if I’m “Limited Tort?”

In Pennsylvania, “limited tort” insurance designations do not apply to pedestrians who are injured by a car, truck or other vehicle. This means you will be considered “full tort” by your car insurance in assessing your right to compensation.

Conclusion: You need an experienced attorney by your side to resolve your charges.

If you’ve been injured while traveling on foot, call the experienced attorneys at the Cornerstone Law Firm. We want to help you get the help you deserve and need. It’s important that you not merely take an offer provided by an insurance company for your injuries. You should have it carefully reviewed by an injury attorney who is experienced in reviewing these types of offers and in maximizing your compensation. Call us today!

You should have it carefully reviewed by an injury attorney who is experienced in reviewing these types of offers and in maximizing your compensation. Call us today!

Sued for Credit Card Debt in the MDJ

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If you’ve been served with a lawsuit by a credit card company in a Pennsylvania Magisterial District Court, it’s important for you to act fast. Credit card companies often sell their outstanding balances to investment companies, which purchase the debt and then sue the credit card holders for the debt in Magisterial District Courts in Pennsylvania.

Magisterial District Court 23-2-02
23-2-02 Magisterial District Court, West Reading

Magisterial District Courts are often in unimposing buildings, including strip malls and even old houses. But don’t let their unimposing appearances fool you. These courts are courts of law just like any other court, and they can render binding judgments against you up to the amount of $12,000.

What should you do if you’ve been sued?

First of all, it’s important that you call an attorney right away. An attorney can help you figure out if you’ve properly been served with the lawsuit as well as whether the company suing you actually has a right to proceed against you. In addition to a civil complaint that’s filed against you, you’ll also receive a summons to the Magisterial District Court for a specific date and time. This is the date of your trial in front of a Magisterial District Judge (MDJ). Accordingly, when you receive the Complaint, the clock is ticking for you to develop your defense and prepare to meet the accusations head-on.

If a judgment is obtained against you in the Magisterial District Court, you have a right to appeal within 30 days. If you don’t appeal, this judgment becomes final and binding and can be used to execute against the possessions you own, including any real estate you may own, your car, and even your bank account.

In fact, with a valid judgment in hand, a creditor can even ask a sheriff to come with them and go through your house and sell off personal possessions you own. Obviously, you don’t want any of these things to happen, and it’s extremely important that you take aggressive steps to defend yourself.

We can help.

At Cornerstone Law Firm we help clients who are dealing with credit card and other debts to figure out whether the suit against them is valid, to determine proper defenses and in some cases, even to bring a counter-suit against a credit card or investment company for invalidly pursuing a debt. Finally, bankruptcy can sometimes offer the appropriate relief from credit card debt.

Call the Cornerstone Law Firm today, and let’s discuss how we can help you with your debt situation.

What is Litigation?

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What is litigation? What does it mean when a lawyer says that he or she is a litigator?

A litigator is someone that represents individuals or companies in lawsuits. This includes the entire process from filing a lawsuit all the way through to a jury trial or a bench trial before a judge. You may be asking yourself, “Isn’t that what all lawyers do?”

“Isn’t that what all lawyers do?”

Despite this common misconception, largely gleaned from television and movies, most lawyers do not spend their days in courtrooms. In fact, the great majority of lawyers rarely make appearances in courtrooms at all.

Lawyers handle a broad variety of transactional matters including drafting wills for estate plans, reviewing and advising clients on asset purchase agreements or contracts, or negotiating business deals for their clients. The litigation process is long, and most of it has nothing to do with ending up in a courtroom.

  1. Litigation begins when someone drafts and files a complaint.
    In Pennsylvania this process can also begin by filing a “Writ of Summons.”
  2. It continues with the attorneys sending discovery to the other parties involved asking them for documents, to answer questions, and to admit whether facts are true or false.
    In addition, discovery involves taking depositions. Depositions are essentially private court appearances where a witness to a case sits before a court reporter and the attorneys involved in the case and answers various questions so that the information can be developed on the record for future use in the case.
  3. Litigation then involves the filing of various motions including what are called dispositive motions.This includes motions for summary judgment which are typically filed at the close of discovery in a case. Motions for summary judgment ask the court to rule that the other party’s case is dismissed as a matter of law or that the filing party’s motion should be granted and they should be given a judgment as a matter of law. Many cases are resolved by a judge at this stage without a jury trial.
  4. The last step in the litigation process is the trial.
    Sometimes it’s in front of a jury, sometimes it’s only in front of a judge. Regardless, the trial is the last step in the process. It’s the part of the litigation process that great television scenes are made of.

Litigation can also involve the appeal that happens after one party loses and then appeals the verdict to a higher court. Both the party and that lost and brought the appeal and the party that won will have to continue litigating against one another as the matter goes up on appeal before a new panel of judges who review the record to see if any mistakes have been made.

So, if you’ve been served with a lawsuit or wish to file your own, call the litigation attorneys at the Cornerstone Law Firm. We want to help you solve your problem today.

Passing a Stopped School Bus in Pennsylvania

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One of the most terrifying traffic tickets to receive in Pennsylvania is a traffic ticket for passing a stopped school bus with its stop sign extended. Sometimes, especially on sunny days, or on curvy roads, a motorist can drive right by a school bus with a stop sign activated without realizing they have done so until it’s too late.

In other instances, a school bus stops for an inordinately long time with its stop sign extended or merely with the red lights flashing and a motorist finally goes around the bus because nothing is happening and it appears to be a mistake. Because school bus drivers are empowered to report these violations, a ticket quickly follows. If you’ve been given a ticket for a school bus violation, here are three things you need to keep in mind.

school bus violation

1. Don’t talk to the police

Frequently, in school bus cases, the witnesses who make a report cannot positively identify the driver. Witnesses often don’t get a good look at the driver until they’ve passed, or they only saw a license plate and not the driver’s face. As with any ticket or criminal charge, if a police officer calls you and asks if you are the person who allegedly ran a school bus, you should decline to make any statement and tell them to contact your lawyer instead.

What you say to the police can always hurt you but rarely, if ever, help you. Even if police officers promise that they’ll “work with you” or make lesser charges available to you, this is unenforceable in court and is rarely followed through on.

Accordingly, you should tell the officer that he’s welcome to contact your attorney but that you don’t wish to make any other statements until he does so.

2. The law requires that the school bus stop sign be activated

First, for a ticket to be valid in Pennsylvania law for a school bus stop sign violation, the stop sign itself must have been activated. In several instances, courts have held that this “activation” is not complete until the stop sign is fully extended. This means that if someone is already in the process of passing the bus before the stop sign comes all the way out, it may not be a violation.

Of course, it’s better to play it safe than sorry as some courts may still convict someone if only the red lights were flashing. Nonetheless, this along with a number of other legal considerations, if properly presented in court, can weigh in your favor and result in a finding of “Not Guilty.”

3. Most school buses have video cameras on them

In most instances, the school buses today are equipped with forward facing video cameras which can show video of someone passing the bus. This is important to prove your identity or, more importantly, to prove that you are not the person accused of running a school bus.

You are entitled to receive a copy of this video if you are charged with the crime of passing a school bus, along with copies of the report that was made by the police and other relevant information. This right belongs to you under the Constitution and the laws of the Commonwealth of Pennsylvania.

Don’t just plead guilty!

Being convicted of, or pleading guilty to, passing a school bus carries penalties including a mandatory suspension of your license. Don’t just plead guilty even if you think the evidence against you is overwhelming. An experienced traffic attorney may be able to negotiate a more favorable outcome for you than a school bus ticket violation.

In addition to a license suspension and points, such a violation can result in a dramatic rise in your insurance premiums. You should retain an experienced defense attorney before making any decision about pleading guilty.

Conclusion:

If you’ve been charged with a school bus violation or another traffic ticket in the Commonwealth of Pennsylvania call our office for a free consultation about your case and to discuss the options in front of you. Tickets for passing a school bus stop sign can be severe, and you should have the benefit of legal counsel before making a decision about what to do in that case. Call us today.

 

Preliminary Arraignment

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Magisterial District Court 23-1-05A preliminary arraignment is the first step in the criminal procedure process in Pennsylvania. When you’ve been charged with a crime, the preliminary arraignment is the first hearing that you’ll be notified of by the Magisterial District Court.

Typically, you’ll receive a notice in the mail although, in some instances, the preliminary arraignment happens when you are picked up on an arrest warrant and taken to a judge.

What Should I Expect at My Preliminary Arraignment?

At your preliminary arraignment, the judge will ask you for your contact information including your address, your phone number, and information on where you have recently lived. This information is intended to supply the courts with the ability to contact you in the event that you’re not able to be reached through normal methods and to allow them to send police to come find you if you start missing hearings. In addition, you will need to supply your place of work, the address of the place of work, and any phone numbers and supervisor information. The courts will not contact your supervisors and will not attempt to contact you at work unless you miss a hearing.

The judge will also read you your rights. The judge will inform you that you have a right to remain silent, that you have a right to a criminal defense attorney, and that you have to be proven guilty beyond a reasonable doubt by the Commonwealth in order to be convicted. The court will also inform you of other important constitutional rights that you hold.

Finally, and perhaps most importantly, the court will set your bail. “Bail” refers to the terms upon which you can be released pending ultimate disposition of your case. Without bail, you would be forced to sit in jail until the conclusion of your case. The right to be released upon paying bail is a constitutional right, and you are permitted to be released on bail except in the most extreme of circumstances.

There are two major types of bail:

  1. Secured bail:
    In the instance of secured bail, you are required to pay to the court system the amount of money that’s set as your secured bail before you can leave and be free pending resolution of the case. For example, if your secured bail is $50,000, you will be required to pay $50,000 to the court. You will receive that money back at the end of the case, but it will be unavailable to you until then.
  2. Unsecured bail:
    In the event of unsecured bail in the amount of $50,000, you would simply be informed that if you missed a hearing or otherwise violated the terms of your bail, you would be required to pay a $50,000 fine to the court.

All of this exemplifies why it’s not smart to go to your preliminary arraignment alone. Criminal charges are serious, and understanding the court system’s complexity is not for the faint of heart.

Call us at the Cornerstone Law Firm to speak with a criminal defense attorney. We’ll help you determine how best to fight your charges and we can represent you at the preliminary arraignment. Our attorneys are experienced in arguing for favorable bail terms and insuring that your rights are protected from the very outset of the case.

Statement Under Penalty at Cabela’s in Berks County

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Since Cabela’s opened its store in Tilden Township, Berks County, it has become a virtual tourist attraction bringing people from all over the country to visit the store and check out its massive displays of merchandise, stuffed wildlife, and live fish. Unfortunately, what is meant to be an entertaining trip to an outdoors store has, for some visitors, turned into criminal charges when they attempt to purchase a gun at Cabela’s and are denied because of a past crime or episode involving a mental institution.

Many times, an individual applying does not even realize that they’ve incorrectly answered a question on a touch-screen and that by incorrectly answering that question, they are now subject to criminal charges. These charges usually come in the form of a Statement Under Penalty of Perjury under 18 Pa.C.S. § 4904, the Pennsylvania Statute that criminalizes perjury. Many would-be gun-buyers are surprised to find out that, at the end of the application for a gun, there was a statement that says, “I submit this application and all of the statements made on it under penalty of perjury.” By tapping “yes” at the end of the application and submitting it, the applicant is agreeing that they are making a sworn statement and that they can be prosecuted if it turns out not to be correct.

So, what do you do when you’ve been charged with a Statement Under Penalty at Cabela’s? The Commonwealth is very serious about prosecuting these cases, no matter how innocent your state of mind when you applied—so how can you defend yourself against these charges?

Touchscreens are unreliable

The application that most people are asked to fill out at Cabela’s is a touchscreen. As a result, the answers that are entered by tapping on the screen can sometimes be distorted. Touchscreens are not always accurate, and they don’t always accurately reflect the answers that are put down. Sometimes, defendants are surprised to find out that they’re charged, believing that they put the correct answer to the very question they’re accused of lying about.

Proving that you tapped the proper answer on a touchscreen is difficult, but not impossible. For one thing, there is video of some touchscreen terminals, and for another, the burden of proof always rests with the prosecution to prove that you did indeed touch the incorrect answer.

Were you distracted?

Many people go to Cabela’s to purchase a gun and do so in the company of friends. They may be in the process of talking to their friends, discussing the gun they’re thinking about buying, or even looking forward to lunch up at the Cabela’s café. Doing any of these things can lead to a distracted applicant.

To prove their case, the prosecution will have to prove that you intentionally lied on the application. Demonstrating that you were distracted is a partial step toward showing that you did not have the malicious intent required by the statute. For someone to be convicted of this crime, § 4904 requires the statement be one which “he does not believe to be true” when he makes it. Proving distraction can be part of a defense to this charge.

Was the underlying offense that you did not disclose on the application valid?

Courts are not going to relitigate a past criminal conviction or psychological episode. However, in unusual situations, a past conviction that was expunged or a determination of incompetency after a psychological episode that was later reversed by a court or other adjudicative body should not be the basis of a conviction for statement under penalty.

If your conviction was expunged or otherwise reversed that’s an important point to mention when you meet with an attorney.

Your previous criminal background

Someone’s prior record score – that is, the charges for which they’ve been previously convicted – has an enormous impact on dealing with someone’s criminal case. If you’re prior record score is high, it might make it more difficult to achieve a favorable deal with a prosecutor and might force you to go forward to trial.

In other instances, a relatively light criminal background will frequently allow someone to achieve a favorable plea deal that makes trial unnecessary. An experienced attorney can help to advise you on what the outcome of your case might be with your particular situation.

Conclusion: You need an experienced attorney by your side to resolve your charges.

If you’ve been charged with statement under penalty at Cabela’s, it’s imperative that you reach out to a criminal defense attorney right away. At Cornerstone Law Firm, we routinely help individuals charged with crimes resulting from their visit to Cabela’s. Give us a call today and set up a free consultation with us to discuss your options and what you can do to aggressively defend yourself against these charges.

Understanding Your Car Insurance

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Good car insurance is one of the most important assets that an individual can have.

A car accident can wreak havoc on an individual’s life—and insufficient car insurance can make it difficult or almost impossible to catch up on the medical bills that result and to seek treatment from injuries. Unfortunately, too many people don’t take a look at their car insurance coverage until after a car accident has already occurred. So, here are three things that your car insurance should cover for you after a car accident:

1. Car Insurance Protects You – Personal Injury Protection (PIP)

Personal Injury Protection (also known as “PIP”), is one of the least understood and most important aspects of comprehensive car insurance. We’ve covered PIP in more depth before, but in short, PIP coverage is your insurance provider’s obligation to pay your medical bills regardless of who’s at fault in the accident. You can be assured that your car insurance will pay your medical bills up to a certain amount. Why is this?

Sometimes cases can get bogged down into litigation for years, and the insurance companies can’t agree who’s at fault. Accordingly, PIP coverage is required to be offered by insurance companies in Pennsylvania so that, after a car accident, you have a reliable source of payment for those medical bills from your own insurance company.

2. Underinsured and Uninsured Motorist Coverage

But what happens when you’re hit by someone else, they cause injuries and their insurance doesn’t cover the extent of your injuries? What if someone is driving without any car insurance at all, and they hit you? In these cases, your own insurance may cover you under the “uninsured motorist coverage” portion of your policy. Similarly, if they don’t have sufficient insurance, underinsured coverage provides extra money for you to cover your injuries.

In Pennsylvania, you are always given the opportunity to “waive” uninsured or underinsured motorist coverage—that is, you may decline the coverage in exchange for a lower premium. This is generally a very bad idea. You should not waive this coverage, because this might be the only way that you can be covered if you’re in an accident and your damages are serious. The law only requires drivers to carry $15,000 in coverage.

If you’re in a serious car or motorcycle accident, this won’t be nearly enough to cover your medical bills, time off work and compensation for your pain and suffering. In that case, while your own insurance will have to cover your medical bills up to a certain point, after that you will be unable to obtain any additional payment for your pain and suffering or any medical bills that are in excess of that amount.

You can’t control whether other drivers are responsible, but you can insure against their irresponsibility. It’s important that you have substantial underinsured and uninsured motorist coverage in case you’re in a car accident so that you aren’t left without anyone to pay for those bills.

3. Third Party Liability

This third one is the least exciting of all insurance coverages, but it’s extremely important. Your car insurance indemnifies you in the event that you are in an accident that causes someone else harm. Hopefully, all of us try to be safe and careful drivers, but accidents do happen.

In the event that you cause a car accident and someone else is badly injured, you are personally on the hook for any injuries that you cause. This means that if you own a home, that house could even be in jeopardy if you injure someone badly enough. It doesn’t take much to be seriously injured in a car accident or a motorcycle crash.

Accordingly, you can do substantial damage that could wipe out all of your assets after a car accident. That’s why third-party liability coverage on your insurance policy is so important.

Conclusion: Car Insurance, a Social Safety Net

Car insurance plays an extremely vital role in our society, ensuring that anyone who’s injured on the road has a path to recovery. At Cornerstone Law Firm, we help people navigate the confusing world of car insurance claims after a car accident.

If you or a loved one has been injured in a motorcycle or car crash, or if you’ve been hit as a pedestrian by a vehicle, please call the personal injury attorneys at the Cornerstone Law Firm today so that we can discuss how to properly handle your insurance claim.

Wrongful Death

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When a loved one passes away because of someone else’s negligence, it can be very hard to decide what to do next. Nothing can ever replace the individual that you’ve lost in your life, but you are entitled to compensation for the enormous financial expense occasioned by someone’s sudden passing. If you have lost someone you love, here are some factors to be considered to determine if you have a valid wrongful death action.

Negligence and Recklessness

wrongful death

The first factor that needs to be weighed is whether the loved one’s death was the result of someone else’s negligence or recklessness. If someone you love was killed in a car accident because of someone else’s mistake on the road, or killed because of faulty repairs or on the premises of a business that did not take reasonable care in maintaining its premises, then these are classic examples of negligence which has caused the injury that your loved one suffered.

Negligence is defined under Pennsylvania law as failing to take the same reasonable care as the average reasonable person. Recklessness is found when one is aware of a risk but intentionally disregards the risk.

Wrongful Death v. Survival Action

There are two types of actions that the law of Pennsylvania recognizes when someone has been wrongfully killed. The first is called a “survival action,” and the second is called “wrongful death.” A survival action deals with the pain and suffering and bills that the individual accumulated during the time that they survived after the injury that ultimately led to their death. Sometimes, this can be a substantial period of time. In other instances, such as a sudden car crash, this amount of time was brief. Understanding the legal validity of this claim can help to predict the outcome of a settlement or lawsuit.

Wrongful death has to do with the loss that those left behind have incurred as a result of their relative’s death. These two distinct claims allow for different types of damages and also, by law, may be distributed to different family members.

Compassionate and Caring Lawyers Can Help You Recover

At Cornerstone Law Firm we don’t take lightly our responsibility when we’re retained to help a family grieving the loss of a loved one. We know that in this time you need compassion, care, and to be listened to. We understand that not every family wants to pursue damages to the full extent of the law. We understand that no one who is grieving wants to chase other people for money. Frequently, we’ve found that the relatives of victims of wrongful death just want closure, but simply want to know their options. We’re here to listen to you and to work to obtain the result that you want in your case.

If you’ve lost a loved one in an accident or because of someone’s reckless or deliberate act, please call the Cornerstone Law Firm so that we can discuss your rights with you in a free, no obligation consultation. If you retain us, we don’t get paid until you get paid. Call the Cornerstone Law Firm today.

 

 

When to Settle Litigation

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When you are locked in litigation with a foe, one of the most important things to determine is when the time is appropriate to settle litigation, even if it means compromising your overall claim. When you first file a complaint and start a lawsuit against someone or when you’re first sued, it’s easy to become extreme and say that you’re going to fight to the bitter end no matter the cost! Reality usually sets in fairly quickly, however, as legal bills, costs, and the emotional toll of litigation begin to make you reconsider. There are several factors that you should consider in determining how far to push your lawsuit.

Costs

One factor is the overall amount involved. In lawsuits over small amounts of money, it’s best to decide right up front how much you’re willing to walk away with without having to spend a fortune on the costs that are associated with litigating. One of the reasons this is so important is because litigation ultimately acts sort of like a poker game. The more cards that are revealed, the more you know as to whether you have a strong hand. Furthermore, at the end of the hand, you may be faced with an all-or-nothing proposition.

Will the jury buy your theory of the case, or will they buy your opponent’s? When you factor in the likelihood of winning or losing a suit, settling a case can eliminate the uncertainty and avoid much of the costs.

Emotional Strain

As noted above, the other thing to think about is the emotional strain of litigation. Is this a mere business dispute in which you’re not personally or emotionally invested? Are you part of a large corporation making business decisions and it doesn’t affect your personal life if you have to go and testify in a deposition? Or is this dispute between you and your long-time business partner that has torn your two formerly-close families apart? Would you prefer reconciliation over the money at issue?

There is a cost to litigation that goes far beyond what can be measured in dollars and cents, and it is important to take that into consideration when deciding when to settle.

Your Best Interest Matters to Us

When we represent clients in litigation, we seek to represent their best interests. This means that you are always in the driver’s seat to decide when to settle and when to push forward. It also means that we’re willing to settle early for you, even if it means we’re not going to make as much money in the case. We seek to have your best interests at heart at all times.

If you have questions about your lawsuit, whether it’s ongoing or merely one that you’re considering bringing, call the Cornerstone Law Firm today, and let us discuss with you how we can represent your best interests.

Construction Litigation

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One of the most commonly litigated issues in America is construction. Whether it’s because a construction company failed to do the work that was promised, did the work inadequately, or because of buyer’s remorse that causes a customer to be unhappy with a perfectly good job, construction disputes end up in court about as often as anything else in American law. Experienced construction lawyers will tell you that there are several issues to consider when trying to predict the outcome of a construction case.

Workman-Like Qualityconstruction lawyers

Implied in nearly every construction contract in law, is a requirement that construction be done in a “workman-like manner.” If a contractor or subcontractor shows up to do their job and installs paper mâché plumbing, obviously this would not satisfy the requirements of a contract even if the contract didn’t explicitly say what the plumbing had to be made with. The standard quality requirements of the industry will prevail.

While this may be easy to determine when it comes to paper mâché, it is much harder to determine in instances where a contractor or subcontractor simply isn’t very good at their job. Perhaps they put in cheap materials instead of those ordered, or perhaps they took shortcuts and didn’t get the work done to the standards of the general contractor.

The question that the court will ask is, “What meets the minimum standards of competency in the profession? Did the contractor’s work rise to that level?”

Contract Provisions

In most instances, a dispute with a contractor will be over fulfillment of the terms of a contract. It makes sense, then, to carefully check the contract at the beginning of a job, routinely throughout the job, and of course before the filing of suit. The contract’s provisions will largely set down the rights and obligations of each party. But anyone who’s ever done a construction job knows that things can change quickly.

A homeowner decides they want a different type of flooring throughout the house. A municipal body changes the layout of a building completely. A contractor can’t get the subcontractors originally bargained for. All too often, these become oral conversations. The parties agree that they will do something differently than laid out in the contract, but they don’t memorialize it in writing. Preferably, the parties should execute a Change Order at each stage in the process when things change.

Even without change orders in place, written documents can make it much easier to track the changes that have been made and whether all parties agreed to the changes that were made. A great deal of litigation can be traced back to change orders that weren’t properly executed.

Damages

Finally, even after you’ve worked out all of the other questions in a case, the most important thing that parties heading into construction litigation have to consider are the damages at issue. If a subcontractor didn’t hold up their end of the work, and it caused delays, is the sub on the hook for the cost of the project’s delay? Can that subcontractor be held liable for the expense and costs that a general contractor incurred waiting for that job to be completed by someone else?

We’ve covered damages in other articles on this site from time to time, but it’s sufficient to say that every case is different and that determining the proper measure of damages at the outset of a suit will help you determine whether it’s beneficial to bring a suit at all, and if it is, when it’s appropriate to settle.

Conclusion: You need an experienced construction attorney

The attorneys at the Cornerstone Law Firm have experience in all sorts of litigation. We’ve handled messy cases, simple cases, and everything in between! Call the attorneys at the Cornerstone Law Firm today to discuss your construction litigation case and let us help you figure out how to proceed.