Brent Wieand

Brent Wieand

Wieand Law Firm
  • Personal Injury, Nursing Home Abuse, Medical Malpractice ...
  • New Jersey, Pennsylvania
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Brent Wieand is based in Philadelphia and represents plaintiffs in serious personal injury and wrongful death cases throughout Pennsylvania and New Jersey. He is known as a tenacious fighter for the rights of injury victims. Mr. Wieand has been named as a Super Lawyers "Rising Star" in 2013, 2014 and 2015. If you have questions about a case or your rights following an accident, call him today for a free consultation.

Pennsylvania State University
B.S. | Business Management and minor in Natural Science
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Emory University School of Law
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Rising Stars
Super Lawyers
Professional Associations
Philadelphia Bar Association
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The American Association for Justice
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Pennsylvania Association for Justice
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Philadelphia Trial Lawyers Association
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Jurisdictions Admitted to Practice
New Jersey
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Practice Areas
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Nursing Home Abuse
Medical Malpractice
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Products Liability
Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
Legal Malpractice
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Additional Practice Areas
  • Car Accidents
  • Insurance Bad Faith
  • SEPTA accidents
  • Auto Accidents
  • Motorcycle Accidents
Legal Answers
Q. What is the Pennsylvania rule on contributory / comparative negligence?
A: Hello, I wrote a brief summary of this on my blog, which I will copy and paste for your below; however, if you would like further explanation, feel free to contact me.

The general rule is that to recover damages for negligence resulting in death or injury to person, the fact that the plaintiff may have committed contributory negligence does not stop him/her from recovering where such negligence was not greater than the negligence of the defendant(s). Instead, any damages sustained by the plaintiff will be reduced in proportion to the amount of negligence attributed to the plaintiff.

What does this mean? In Pennsylvania, if you are injured in an accident, you can recover monetary damages from a defendant as long as you are found to be no more than 50% liable for damages. If a plaintiff is found to be 50% (or less) liable, each defendant shall be liable for their proportionate total dollar amount awarded as damages.

Currently, Pennsylvania upholds joint and several liability. Under joint and several liability, an injured party may collect the entire award against any party found to be responsible for the accident. It then becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. However, this aspect of the Pennsylvania civil justice system (and injury victim's civil rights) is currently under attack. Republicans in the State Legislature are trying to pass legislation (titled the "Fair Share" Act) that would do away with joint and several liability. If this happens, defendants in many lawsuits only would pay the percentage of damages for which they are found liable - leaving innocent victims of their accidents high and dry - while saving insurance companies money.

If you have been injured, and have questions about how the comparative fault system works in Pennsylvania, you should consult an experienced personal injury attorney to advise you on how these laws will impact your own individual and unique case.
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Websites & Blogs
PA / NJ Personal Injury Lawyer
Nursing Home Injury Lawyer
Brent Wieand Esquire Personal Injury Blog
Contact & Map
230 S. Broad St
Ste 602
Philadelphia, PA 19102
Telephone: (215) 666-7777
150 N. Radnor Chester Rd.
Suite F-200 #819
Radnor, PA 19087
Telephone: (484) 369-5619
Plymouth Meeting
600 W Germantown Pike
Suite 400 #109
Plymouth Meeting, PA 19462
Telephone: (267) 443-8487
101 Lindenwood Drive
Suite 225 #603
Malvern, PA 19355
Telephone: (484) 263-9947