Other Practice Areas
At the law offices of Timothy P. O’Brien, we handle various other lawsuits related to civil and employee rights. The information provided within is only a brief outline of those other types of lawsuits that we handle.
In personal injury actions against a state or federal government (or governmental unit, local agency or political subdivision), there are various exhaustion and notice requirements that, if not completed, may preclude your filing a lawsuit in court. There may also be time constraints in these types of lawsuits that may not otherwise be applicable in “typical” personal injury lawsuits. We are intimately familiar with each of these areas of the law.
We also handle personal injury actions arising out of automobile and slip and fall accidents.
If you believe that you are the subject of one of these types of lawsuits, please call, e-mail or submit an inquiry to us today for a free consultation.
The FTCA is a federal statute that allows individuals to sue the United States in federal court for various torts committed by persons acting on behalf of the United States. Generally speaking, individuals who are injured (including injury to property) by the wrongful or negligent acts or omissions of a federal employee acting in the scope of his/her official duties may have a federal claim. The FTCA requires that the wrongful or negligent act or omission proximately cause the injury (or damage to property). If you believe you were injured by such an act of a person acting on behalf of the United States, you may have a case under the FTCA.
The Sovereign Immunity Act is a state statute that allows limited types of lawsuits to be brought against a Commonwealth party. A Commonwealth party is defined as a “Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment.” In those limited instances, liability may be imposed upon a Commonwealth party for damages arising out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action. In any case, the cause of your injury must fit into one of the following categories: (1) vehicle liability; (2) medical-professional liability; (3) care, custody or control of personal property; (4) commonwealth real estate, highways and sidewalks; (5) potholes and other dangerous conditions; (6) care, custody or control of animals; (7) liquor store sale; (8) national guard activities; and, (9) toxoids and vaccines. If you believe you were injured by a Commonwealth Party, and that your injury was caused by one of the previously mentioned categories, you may have a case under the Sovereign Immunity Act.
The PSTCA is a state statute that allows limited types of lawsuits to be brought against a government unit other than the Commonwealth government. A government unit other than Commonwealth government is generally referred to as a local agency or political subdivision. A local agency or political subdivision is defined as a government unit other than the Commonwealth government. Liability may be imposed upon a local agency or political subdivision in limited instances where the damages would be recoverable under common law or statute creating a cause of action, and the injury was caused by the negligent acts of the local agency or an employee thereof acting within the scope of his office or duties. In any case, the cause of your injury must fit into one of the following categories: (1) vehicle liability; (2) care, custody or control of personal property; (3) real property; (4) trees, traffic controls and street lighting; (5) utility service facilities; (6) streets; (7) sidewalks; and, (8) care, custody or control of animals. If you believe you were injured by a local agency or political subdivision, and that your injury was caused by one of the previously mentioned categories, you may have a case under the PSTCA.
The WDA defines a wrongful death as one that is “caused by the wrongful act or neglect or unlawful violence or negligence of another.” Generally speaking, the types of claims supporting a personal injury may also support a claim under the WDA. A lawsuit under the WDA must be filed by a personal representative of the decedent’s estate or the beneficiaries of the decedent’s estate (under certain circumstances). In these types of cases, surviving family members may also have a claim for, among other things, loss of comfort, companionship and the like. If you believe a deceased family member’s death was caused by the wrongful act or neglect or another, you may have a cause under the WDA.
Pennsylvania Unfair Trade Practices and Consumer Protection Law (the “UTPCPL”) authorizes a private cause of action to recover damages caused by another’s deceptive act or practice that relates to a consumer’s personal, family or household purpose. There are 21 iterations under which the UTPCPL expressly declares an act to be deceptive or unlawful. The most important of them is the “catchall” phrase, which declares unlawful “any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding.” Significantly, the UTPCPL provides for the recovery of treble damages, or 3x the amount of the initial recovery.
The Fair Credit Extension Uniformity Act (the “FCEUA”) is similar to the UTPCPL (described above. Under the FCEUA, a creditor may not use any false, deceptive or misleading representations or means in connection with the collection of any debt. Significantly, the FCEUA provides for the recovery of treble damages, or 3x the amount of the initial recovery.