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It May Be Time to Think About Refinancing Your Mortgage (Again)

July 22, 2016 By

House made of dollar bills

Due to shifts in global bond markets, the average interest rate on a 30-year fixed-rate mortgage was 3.49 percent on Monday, which is down from 4.2 percent a year ago. Therefore, it’s a good time to check the rate on your home mortgage because you might be able to save money from refinancing.

According to The New York Times, mortgage rates could even fall further in the upcoming weeks as banks begin to pass more of the savings from low rates in the bond market through to customers. Since refinancing makes sense when rates have fallen by a full percentage point, people who took out loans before 2010 or at the prevailing rates in 2013 and 2014 might see favorable economics for refinancing. Additionally, lower rates make it a good time for people to refinance if they want a different type of mortgage. In addition to talking with a mortgage broker or a banker, you can use this link to figure out whether refinancing might make sense in your situation. Unfortunately, as has always been the case, there is no way to know whether rates will pop back up or continue to drop.

Filed Under: Foreclosure, Mortgage Lending, Mortgage Refinance

Trucking Accident Yields Sizeable Settlement

June 7, 2016 By

Shaffer & Gaier was able to secure a sizeable settlement for a driver who was rear ended by a tractor trailer in NJ. Our client was traveling in NJ and was stopped in a traffic jam. The driver of an 18 wheel tractor trailer smashed into her vehicle causing her significant injuries. Although our client had neck and back injuries, her main complaint was to her hearing. Due to the deployment of her air bags, our client had constant ringing in her ears and hearing loss.

Shaffer & Gaier provided expert testimony that proved that the ringing in her ears was caused by the auto accident. As a result of this, Shaffer & Gaier secured a substantial settlement on her behalf.

Filed Under: Auto Accident, Personal Injury, Settlements, Truck Accidents, Verdicts

Dog Bite Settles for Full Policy Limit

June 6, 2016 By

Shaffer & Gaier represented a young woman who was severely injured when a dog viciously attacked her causing back injuries and a scar to her back. Plaintiff was a 23 year old woman who was working for a summer camp. As she was taking the child off the camp bus, a vicious dog broke through a screen door and attacked her. Shaffer & Gaier was able to settle this case for the full insurance policy limit of the homeowners.

Filed Under: Animal Attacks, Dog Bites, Personal Injury, Settlements, Verdicts

Improperly Programmed Medical Stimulator Results in Settlement

June 5, 2016 By

Shaffer & Gaier was able to secure a sizeable settlement for our client whose neuro-stimulator was not properly programmed. Due to the programming error, Plaintiff endured years of pain and suffering which would not have occurred if the stimulator had been programmed properly.

In June of 1993, our client was struck in the head by a tractor trailer door. He suffered serious head and neck injuries. In 1993 he had ongoing pain and was eventually implanted with a neuro stimulator in 1996. The stimulator functioned satisfactorily but it was replaced in August 2001. After the second replacement, Plaintiff had little relief from the new stimulator. He had severe limitations and was rendered totally disabled.

Over a period of 10 years the stimulator was programmed by a salesman. Unfortunately, the salesman had little or no medical training. The salesman did not have the expertise to properly program the devise and as a result Plaintiff lost total function of his right arm. Plaintiff eventually saw a new programmer who was able to program the neuro stimulator correctly. Our client had no idea that the original programmer had failed to program the stimulator correctly because the Defendant simply told him that this was ” as good as he was going to get.”

Shaffer & Gaier brought suit alleging that for 10 years the stimulator was not properly functioning due to a programmer error. Through discovery, we were able to establish that the salesmen did not have any medical training and he was in essence practicing medicine without the proper credentials. As the case was about to go to trail, the parties were able to settle the case for a sizeable but confidential settlement amount.

Filed Under: Personal Injury, Product Liability, Settlements, Verdicts

Construction fall ends in $1.2 Million Dollar Settlement Before Jury Selection

June 4, 2016 By

Shaffer & Gaier represented a union shop iron worker who was severely hurt in a construction fall. David Markowski was working at Misercorida University in Luzerne County PA. David was working on an expansion project to construct a field house for the school. The field house was designed to house various locker rooms and gym equipment inside.

The University contracted with general contractor, Sordoni Construction, to act as the general contractor and construction manager. Sordoni then hired Rise Construction to fabricate and erect steel for the field house. Rise then hired David’s employer, Mid Valley Steel, to erect the steel structure for the field house.

In January of 2012 David was assigned to work at the field house. He started working 7-10 days prior to the accident. When he came to the site, David testified that he was shown a brief training video but was never given any fall protection training. In addition, he never saw any safety personnel at the site from Rise or the general contractor, Sordoni.

On January 16, 2012, David was instructed to climb a 15 foot wall to position steel joists that were to be welded the next day. He was not given any fall protection and there were no anchor points where he was working to tie off his harness. He was in essence, walking a balance beam on a blustery January day. While he was walking the wall, David fell to the ground shattering both feet and ankles.

Shaffer & Gaier brought suit against the general contractor and sub-contractor alleging that they violated their respective safety duties. Through one of the premier construction experts in the country, Shaffer & Gaier established that both the contractor and sub contractor violated their respective duties in failing to provide a safe work environment.

Through the litigation, the general contractor filed a Motion for Summary Judgment and that Motion was originally granted by the Magistrate Judge. However, Shaffer & Gaier successfully overturned that decision and the case was prepared to go to trial. Before jury selection, the case was settled for $1.2 Million. In addition, David had a worker’s compensation lien that exceeded $300k, Shaffer & Gaier negotiated so that the lien would be totally waived. David, in essence, received a $1.5 Million dollar settlement because we were able to have the worker’s compensation lien totally waived.

Filed Under: Construction Site Accidents, Personal Injury, Settlements, Verdicts

Should I Buy or Rent A Home?

June 3, 2016 By

Mortgage calculator. House, money and document.

Deciding whether to buy a home or rent a home is a huge financial decision. Yet, some of the factors that go into this decision are difficult to account for in dollar terms.

First, for whatever reason, rental prices may skyrocket in a particular place so to avoid escalating rental prices, buying a home is a way of “locking in an affordable place to live.” If you rent, there is always a chance that the region you live in will attract a flood of people and high-paying jobs, resulting in rent increases.

Second, another factor that makes a case for buying over renting is that buying a home forces you to save money. More specifically, when someone buys a home with a standard mortgage, he or she gradually pays off the balance and as time goes on, this person will have less debt. Assuming that the value of the home is stable or rising, once the home owner hits retirement age, he or she could have a nice pile of cash savings by either renting or selling the house and moving somewhere cheaper.

Third, buying a home can give you certain tax benefits. For example, if you had plenty of cash and were deciding whether to rent or buy a home, you may be tempted to rent and invest in stocks and bonds. When you invest money in financial assets, however, you have to pay taxes on the returns that they offer. On the other hand, when you buy a home, the return it pays you (giving you a place to live, not interest or dividend payments), is tax free. Economists refer to this as “imputed rent” and it is truly a subtle yet important advantage to buying.

There are also advantages to renting over buying. For example, a fourth factor to consider is that a renter will not have to worry about the unpredictable costs of maintaining a home. A renter pays a set monthly payment covering the costs of repairs and maintenance while homeowners are faced with much more unpredictability, ranging from an urgent $2000 air-conditioning repair bill to a $15,000 roof repair. Overall, when deciding whether to buy or rent a home, it is important to weigh these factors carefully. While one should compare numerical factors such as monthly mortgage payments, closing costs, etc., it is also essential to examine these four factors that cannot necessarily be plugged into a calculator. For more information, click on this link.

Filed Under: Foreclosure, Homeownership, Renting A Home

Genetic Testing Error Leads to 750k Settlement

June 3, 2016 By

Shaffer & Gaier secured a settlement for the parents of a child who unfortunately contracted a severe and rare genetic disorder that was missed through genetic testing. The clients were residents of Sacramento, California. Before having children they sought genetic counseling. The father had a rare genetic condition called Ehlers-Danlos (EDS) Syndrome that ran in his family. EDS is a genetic disorder that causes severe vascular and connective tissue complications; EDS is often fatal.

Our clients sought genetic counseling to determine if the father was a carrier of EDS. The family wanted the genetic counseling to plan a pregnancy because if the father was a carrier they could have had a child through in vitro fertilization (IVF) which would have ensured that the gene did not pass to the child.

In 2005 the father had blood work which was sent to the Defendant’s lab in Allentown PA. The defendant’s lab informed the father that the test was negative for EDS. The parents were understandably relieved and had their children naturally. In 2012, the father developed severe complications that were similar to EDS. He had new genetic testing done and it was unfortunately confirmed that he was, in fact, a carrier for EDS. A tragic error was created because the lab misread the first test. Thereafter, the parents had their son tested and it was confirmed that their son had EDS. This tragedy could have been prevented had the initial testing been done properly.

Shaffer & Gaier secured the leading genetic experts in the country which established that the Defendants made a crucial mistake. Had the test been run properly their son would have avoided the condition because the parents could have conceived through IVF. The case was filed in Federal Court in Pennsylvania As the case was preparing for trial Shaffer & Gaier were able to negotiate the settlement that will ensure that the child has future care for his medical expenses.

Filed Under: Settlements, Verdicts

Loan Modification Jury Trial Against Well Fargo

November 19, 2015 By

I just wrapped up a jury trial in New Jersey Federal Court against Wells Fargo. The litigation was lengthy and complicated and is hard to summarize in a blog.   It was settled during closing arguments after A LOT of time and energy went into it—Wells Fargo, as usual, was represented by Reed Smith.   In 2009, my clients were current with their mortgage, but asked Wells for a refinance.  Instead they were pushed into applying for a loan modification so long as they paid an up-front fee of $2,415.  One more thing—Wells said that they’d have to be delinquent in their mortgage to qualify (I’ve heard the same thing from many of my clients).  My clients thought that sounded strange, but followed Wells’ representatives instructions. They paid the $2,415 application fee and stopped paying their loan.

Wells also told them, and then wrote to them, that the fee would be returned to them if the loan modification was denied.  Which it was a few months later—but Wells never returned the money.  Wells then confused my clients’ paperwork with others, but told my clients that they’d keep trying to get them a loan mod.  While this was happening, Wells filed a foreclosure lawsuit against my clients, but didn’t even notify them of that important event until 2 months later.  Wells eventually denied the loan modification, and then took a foreclosure judgment.  Wells was lining the home up for Sheriff Sale when my clients retained me.  I got Wells to hold up on the Sheriff Sale, and then I filed the federal court action for NJ Consumer Fraud for 1) not returning the $2,415 and 2) for foreclosing when they should’ve been working with my clients to modify their loan.

The end result was that Wells and my clients agreed to a modification and Wells agreed to pay a confidential sum of money to settle the case.

Avoid Foreclosure by Modifying Your Mortgage

When you hire us to help you with a loan modification, we will become your voice in all dealings with your lender. If we are unable to immediately get the process moving with loan or bank officers, we will work directly with attorneys for the bank to get the modification process moving forward. We have a comprehensive understanding of the programs available to help you refinance or restructure your loan and avoid foreclosure. We will carefully evaluate your circumstances to determine what programs you qualify for, and we will explain your options as well as the benefits and consequences of different strategies.

Contact Our Office

To set up an appointment, call our foreclosure hotline at 855-289-1660 or contact us online. Your first consultation is free of charge. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

 

Filed Under: Current Events, Loan Modifications, Mortgage Modification, Mortgage Refinance Tagged With: , , , , , , , ,

The Different Ways a Personal Injury Claim Can Be Resolved

October 28, 2015 By

So you have been hurt in an accident caused by the carelessness or negligence of another person. Do you have to file a lawsuit to get compensation for your losses? What are your options?

You Can Settle

This is actually the path that most personal injury claims take. Typically, you will retain an attorney, who may or may not file a lawsuit, but will immediately identify all potentially liable parties and contact legal counsel to initiate the process of obtaining a financial recovery. In cases where liability is clear, it may not be necessary to file a lawsuit. In other instances, that may be the only way to move toward a settlement. Once the parties come to an agreement on the terms of a settlement, that agreement is put in writing, signed by all parties, and becomes enforceable in a court of law.

Alternative Dispute Resolution

This broad term customarily encompasses both mediation and arbitration.

In mediation, a third party neutral becomes involved, working cooperatively with both parties to identify a mutually beneficial outcome. If the parties come to an agreement in mediation, they put that agreement in writing and it becomes an enforceable contract. The mediator, though, is not a judge and does not make a determination of liability, but only seeks to facilitate a resolution.

In arbitration, the parties present their case to a person or panel of individuals who have specialized knowledge or the legal and/or factual issues involved. The arbitrator(s) will make a decision regarding the outcome of the dispute, which may or may not be binding.

Litigation

The traditional legal process involves an adversarial proceeding before a judge and jury. The actual trial customarily takes up only a very small amount of time…a day or a few days, but the pre-trial period can be months or years. The court will typically order a period of time during which the parties can gather evidence, and will make many rulings in advance of trial, addressing such issues as the admissibility of certain evidence, what exhibits will be allowed, and how the jury will be instructed. In the actual trial, the plaintiff presents evidence first and the defense has an opportunity to challenge or refute any evidence or testimony given. It’s not unusual for the parties to enter into serious settlement discussions after the trial has begun.

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Personal Injury Tagged With: , , , , , , ,

Home Health Care Workers Not Receiving Full Wages They Are Entitled To

September 23, 2015 By

Our firm is investigating possible claims by home health workers who have not received their full wages as mandated by Federal and State Law. Many class actions have been filed in other states against their employers because the home health care workers were paid on a “fee basis” when they were entitled to hourly and overtime pay for their work .

We are interviewing potential clients from both Pennsylvania and New Jersey who may have not received their entire wage under both State and Federal law. Some of these employers include the following companies:

  • Almost Family-growth-oriented, multi-regional provider of home health care and personal care services
  • Apria Health  Care-the largest diversified provider of home health services in the United States, focused on home respiratory therapy, home medical equipment and home infusion therapy
  • Community Health  Systems-at $13 billion in annual revenue, one of the nation’s largest publicly traded hospital operators, with home health care and hospice units
  • Lincare-nationwide oxygen, respiratory, home infusion and durable medical equipment company, now based in Germany
  • LHC Group-multiregional provider of home health, hospice services and hospital and institutional services
  • National Healthcare  Corp.-publicly traded operator of long-term health care centers, with associated assisted living and home health care services
  • Rotech-Orlando-based national respiratory care company, currently under Chapter 11 bankruptcy protection
  • VITAS-a division of publicly traded Chemed, one of the largest hospice providers in the United States
  • Bayada Nurses- Mount Larel, NJ
  • American Homepatient
  • ATC Healthcare, Inc.
  • Chemed Corp.
  • CHG Healthcare Services
  • Genentech
  • Loving Care Agency
  • Matria Healthcare

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

Filed Under: Current Events, Wage and Hour Law, Wage Discrimination Tagged With: , , , , , , , , ,
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