David J. Cohen Law Firm, LLC

attorney AND COUNSELOR AT LAW

Personal Injury


High expenses, a long recovery, possible death and loss of income are all too frequently the result of accidents that cause personal injury to innocent victims. Winning Personal Injury cases for clients is a top priority at the David Cohen Law Firm, LLC. We work aggressively on every case, large or small, to help people win their damage claims and get back on their road to recovery.

We do whatever it takes to build the strongest possible case for your Personal Injury claims. At the David Cohen Law Firm, LLC, you are treated kindly, with dignity and respect; we know how hard being injured can be on a family. We help people with many legal matters, including Family Law and Criminal Law.

There is no reason why you should suffer financial hardship and losses because someone else was careless and your accidental injury was the result. We represent clients for other types of Personal Injury also, such as accidents that happen on private or public property and other situations addressed by state Personal Injury Law.

Torts

A Tort, is a where one deviates from the standard of care, from societies norms. It is an action that causes harm to a person or property. Torts are very similar to crimes except the remedy is compensation. Torts are civil actions. There are numerous Torts.

Personal Injury cases derive from the absence of acting reasonably, a failure of care, resulting in harm to a person and/or property, which is called Negligence.  Negligence is a subset of a Tort. The most common examples of Personal Injury cases are slip-and-falls, and car accidents. In order to prevail in Personal Injury cases one must prove all the elements of Negligence.

Negligence consists of:

  • A Duty;
  • Breach of Duty;
  • Causation; and
  • Damages.


Premises Liability


Premises Liability goes a step further for a landowner to be liable. Landowner liability depends on status. Is one an Invitee, Licensee or Trespasser. Depending one ones status depends on the duty owed by the landowner or one who is in control of the land. There is no duty to warn or make safe of open and obvious dangers.

For example, you are out grocery shopping at XYZ Grocery, one would be a business invitee which holds the XYZ Grocery with the highest duty of care, to warn and make safe of all known and unknown dangers, except no matter what the status one does not have duty to warn of open and obvious dangers.  While grocery shopping you slip and fall on a spill in the produce aisle. In order to prevail on a theory of Negligence, a theory of Premises Liability, one must prove: that the store had a duty to clean up the spill; the store breached their duty by not cleaning up the spill, they have a reasonable amount of time to clean up the spill; the injuries sustained were proximately caused from slipping on the spill; and there were damages from the slip-and-fall.  You must prove all elements of the Tort, the Negligence, Premises Liability, or your case is dismissed.

Proving all the elements is the same aspect of Criminal Law, where the Prosecutor must prove all elements of the crimes charged or the defendant’s case is dismissed, not guilty or dismissed with a motion by defense counsel, part of the reason why Torts and Crimes are similar, which both also include Causation. With auto accidents, it usual depends on what type of insurance one has. Under a limited tort option one can only receive economic losses, wage losses, medical expenses, and cannot seek recovery for pain and suffering, unless one pierces the limited tort threshold, regardless of who is at fault. Under the full tort option, one can seek recover for everything included under limited tort, which also includes pain and suffering.

The majority of Personal Injury cases settle.

If you are injured, or a loved one was killed in an accident due to negligent behavior, Attorney David Cohen is ready to fight aggressively for your rights. David has an excellent track record for winning Personal Injury cases, including those that involve injuries caused by an Auto Accident, Motorcycle Accident, Slip and Fall, and Dog Bites.

Attorney David Cohen has been licensed to practice law in New Jersey and Pennsylvania since 2008, a year after he graduated with a Juris Doctor (J.D.) law degree from Thomas M. Cooley Law School. He furthered his education with a Master’s of Law degree (LL.M) from Temple University – James E. Beasley School of Law, in 2012.

Pottstown Legal Advice & Representation
Contact the David Cohen Law Firm, LLC, in Pottstown, PA, to learn how we can help you with Personal Injury and your other legal issues. Call us now, at: 484-948-1963
.