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Personal Injury/ Catastrophic Loss
Workplace Injuries
Construction Injuries
Unsafe Products
Trucking Injuries
Medical Malpractice
Prescription Drugs
and Medical Devices
Vehicle Injuries
General Business Representation
Business Formation
Debt Collections
Trusts, Wills & Estates
Estate Planning
Estate Administration
Estate Litigation
Real Estate
Landlord and Tenant
Co-ops
Condominiums
Charter School Law
General Environmental Representation
Toxic Tort/ Environmental Defense
General Litigation
Domestic Relations
Insurance Subrogation
Creditors' Rights
Municipal
The information contained in this newsletter is not intended to be, and should not be construed as, a substitute for professional legal or financial advice. Please do not hesitate to call us at (215) 732-3255 or email hlangsam@ langsamstevens.com for further information or assistance.
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New Protections for Credit Card Holders
Credit Card Act of 2009 Goes into Effect
Earlier this year, while attention and debate was focused on the creation of the Bureau of Consumer Financial Protection under the financial reform overhaul which eventually passed Congress, other measures more immediately affecting consumer credit were already going into effect. Most of the provisions of the Credit Card Act of 2009, designed to protect consumers from the worst abuses perpetrated by credit card issuers, took effect in February and August of this year.
You may already have noticed differences in your credit card statements because of this act. Here’s a quick summary of some of changes that will have the greatest effect on the general public.
Limits on Interest Rate Increases on Existing Balances Generally, the act prohibits raising interest rates on existing credit card balances except in very limited circumstances. One of the exceptions is for those introductory “teaser” rates that issuers use to draw you in; however, the introductory period must be at least 6 months and the terms of the introductory offer must be clearly disclosed. Interest rates cannot be raised in the first year of an account, except if it is a teaser rate or falls under one of the other limited exceptions. Proving Damages One problem that confronted us in this case was that the treating surgeon felt that he did a great job in fixing our injured client up and was dismissive of any ongoing problems. He did do a good job of surgery, but that did not mean that there was a complete recovery. His attitude, however, did mean that the surgeon would not be much help in proving the full effects of the injury on our client.
How would we prove our case? We thought long and hard and found an expert podiatrist who often treats dancers from the Pennsylvania Ballet. He uses various scientific analyses to determine the effects of an injury. He was able to compare the clients gait and weight-bearing practices to samples of typical people. When this podiatrist examined our client, he was not only able to demonstrate the clients ongoing problems in a scientific way, but was able to provide orthodics, therapeutic strategies and treatments to alleviate the problem.
Some effects of the injury were permanent and irreparable, and we also engaged a functional capacity expert and a world renowned orthopedist to give objective reports on the problems.
Despite these proofs, the parties remained far apart in their views of the value of the case. The defense agreed that there was a significant injury, but valued the claim in the low-$200,000s. We valued the claim significantly higher, and there was a higher automobile policy limit than the amount that the defendant had offered.
We decided to bring suit but, in an effort to resolve the problem without the time and expense of a full trial, we arranged to have the claim mediated by a former Pennsylvania Supreme Court Justice. Mediation packets with medical bills and injury and liability analyses were presented to the mediator by both sides. With the mediator’s insight and assistance, the parties arrived at a settlement figure in the neighborhood of half a million dollars - more than double the previous settlement offer.
We work creatively and hard on these personal/injury/catastrophic loss claims. For another example, see the earlier article in this newsletter about the use of stunt people in injury actions.
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Did You Know?
PA Tax Amnesty Til 6/18 If you are delinquent in paying state taxes Pennsylvania, you may qualify for relief from all penalties and half of your accrued interest under the state's tax amnesty program. Details on the program are available on a special website at PATaxPayUp.com.
Your Right to Know
 Pennsylvania’s Right to Know Law, also sometimes called the Open Records Act, requires that government agencies share documents and records with members of the public. The law was amended in 2008 to broaden the scope of open records and to set up an agency to assist citizens who seek access to public records. The Office of Open Records has a website at http://openrecords.state.pa.us, where you can find a copy of the Act, a Citizens’ Guide to the Act, numerous forms, and additional information. You can also reach the office by telephone at (717) 346 9903
Useful Tools
eKnow-How
 Want to know how to write a sit-com script, play the piano or how to sell stuff online. A website called eHow: How to Do Just About Anything will is hear to help. How-to instructions, videos and member projects are posted in areas like business, computers, travel, entertaining, pets and many, many more. If you've also wondered how to do something – check this site out.
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