Anthony J. Baratta

• LaSalle University, B.A., Named to Who's Who in American Colleges and Universities, 1986

• Co-Champion of Moot Court Honor Society's Polsky Moot Court Competition
• AV Preeminent* from Martindale Hubbell
• Millions Dollar Advocate - Trial Lawyers who have demonstrated exceptional skill, experience and excellence in advocacy by achieving trial verdicts and settlements in excess of 1 million dollars., Member, Million Dollar Advocates Forum

• Awarded Philadelphia VIP Volunteer of the Month for August 2010 for representing indigent motor vehicle owner at trial in a personal injury case. , 2010
• Recipient of the First Judicial District Pro Bono Award for the Civil Trial Division in Philadelphia., 2018

• Previous Board Member - Brain Injury Association of PA, 2019

• Erie Insurance Exchange vs. Christiana Montesano, Anthony Montesano and Donna Montesano The court found in favor of the defendants, concluding that Christiana qualifies as an insured under the Erie policy and that the Erie is liable for $200,000.00 representing the full amount of the policy limits., 2020
• Public Safety Change Obtained in addition to monetary settlement - pedestrian struck by motor vehicle caused by a sight obstruction created by a Northeast Philadelphia business, demanded as part of settlement that the sight obstruction be eliminated.  When it was not, Motions to Enforce that portion of the settlement were filed and won to ensure the safety of others. 

• Anthony Baratta, Esquire discusses the importance of preserving evidence after a serious accident., Why Preserving Evidence after a Serious Accident is Extremely Important, 2021
• Anthony Baratta, Esquire explains when use of a product causes severe injury and legal steps that can be taken., When Use of a Product Causes Severe Injury, 2020
• Anthony Baratta, Esquire explains the importance of staying connected to friends after a TBI, The Importance of Staying connected to Friends after a TBI, 2020
• Anthony Baratta, Esquire explains how he makes the invisible brain injury "visible" to a jury., Making the Invisible Brain Injury "Visible", 2020
• Anthony Baratta, Esquire explains the three categories of traumatic brain injury symptoms., 3 Categories of TBI Symptoms, 2020
• Anthony Baratta, Esquire explains what happens to the brain when there is a physical impact., What happens to the Brain when there is a Physical Impact, 2020

• Board Member - Brain Injury Association of PA, 2021
• Traumatic Brain Injury Litigation Group
• Montgomery County Bar Association
• Pennsylvania Association for Justice
• Bucks County Bar Association
• Philadelphia Trial Lawyers Association
• Philadelphia Bar Association

• Fast & Furious movie fans will remember that actor Paul Walker survived the violence of a crash in his Porsche but burned to death in the fire that followed.  Actress Anne Heche also died in a crash that she survived, only to die in the fire which followed.   Most fire injuries occur because of manufacturing issues and are not the victim’s fault.  Very rarely is the cause of the fire the actual crash.  Fires following crashes occur often because of a release of fuel.  A post-collision fuel fed fire often occurs due to a defect in the vehicle.Fuel Fed FiresPost-collision fuel fed fires are the number 1 cause of car crash deaths.  There were 174,000 highway vehicle fires in 2021.  This is down from 456,000 in 1980.  Federal Motor Vehicle Safety Standard 301, the purpose of which is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after crashes, was first in effect in 1968 and requires vehicles to withstand certain specified impact tests ranging from 20-30 mph without leaking fuel in excess of 1 ounce per minute.   But merely complying with this guideline does not make the vehicle safe for its intended uses.  The Consumer Product Safety Commission suggests as “best practices” that the manufacturer consider foreseeable consumer use and misuse of the vehicle. Also, there are many vehicles in use, ATVs, side by sides, snowmobiles, wave runners, boats, to list a few, that are not governed by the Motor Vehicle Safety Standards, and governed only by standards established by their own industry developed and run organizations.  Burn InjuriesPersons burned in post-collision fuel fed fires typically suffer 3rd and 4th degree burns resulting in the need for extensive skin grafting and permanent scarring.  Burn injuries are devastating, life altering, require lengthy painful treatment and a lifetime of physical and mental scarring.  Ther costs of medical treatment can be in the millions of dollars.  The loss of income can be permanent and life-long.  The loss of self esteem due to disfiguring burns can be the worst injury of all.  Burns range from 1st degree, like a bad sunburn, are rarely permanent and easily treated with over-the-counter salves, to 4th degree burns, which damage every layer of skin and muscles, nerves and bones below.  Can I recover my damages caused by a fuel fed fire?               Yes.  The law requires that all products be safe for their intended and foreseeable uses.  A company has a duty to design, manufacture, distribute, lease or sell products that are not defective.  Even if the company took all possible care in design and manufacture, such as following industry or Federal guidelines, if the danger is unknowable and unacceptable to the average customer, then the product is defective If a jury determines that the product is defective and that the defect caused the fire which caused the injuries, the jury will decide what amount of money fairly compensates you for your past and future medical costs, your past and future lost wages, and most significantly, your physical pain and emotional distress.  Can Baratta Law help?               Yes.  Baratta Law has represented a number of clients against major vehicle manufacturers and suppliers.  These cases require immediate investigation and preservation of evidence.  These manufacturers, as soon as they learn about a fuel fed fire incident, immediately hire investigators, fire experts and lawyers to protect them.  If you don’t hire a capable lawyer, who is experienced in the prosecution of these cases and has the ability to fund the great expense of the fight, you may not be able to properly hold accountable the companies responsible for the defective product. Baratta Law works thousands of hours and pays the hundreds of thousands of dollars to fight for you and you pay nothing unless the fight is won.   , author, Post-Collision Fuel Fed Fires are Not Your Fault, General population, 2024
• Burn injuries are devastating, life altering, require lengthy painful treatment and a lifetime of physical and mental scarring.  Ther costs of medical treatment can be in the millions of dollars.  The loss of income can be permanent and life-long.  The loss of self esteem due to disfiguring burns can be the worst injury of all.   Burns range from 1st degree, like a bad sunburn, are rarely permanent and easily treated with over the counter salves, to 4th degree burns, which damage every layer of skin and muscles, nerves and bones below.  Persons burned in post-collision fuel fed fires typically suffer 3rd and 4th degree burns resulting in the need for extensive skin grafting and permanent scarring.  Fuel-Fed Fires in Crashes:                Post-collision fuel fed fires are the number 1 cause of car crash deaths.  There were 174,000 highway vehicle fires in 2021.  This is down from 456,000 in 1980.  Federal Motor Vehicle Safety Standard 301, the purpose of which is to reduce deaths and injuries occurring from fires that result from fuel spillage during and after crashes, was first in effect in 1968 and requires vehicles to withstand certain specified impact tests ranging from 20-30 mph without leaking fuel in excess of 1 ounce per minute.   But merely complying with this guideline does not make the vehicle safe for its intended uses.  The Consumer Product Safety Commission suggests as “best practices” that the manufacturer consider foreseeable consumer use and misuse of the vehicle., Author, Motor Vehicle Post-Collision Fuel Fed Fires Are Not Your Fault, 2023
• Under civil laws, accidents that cause death or serious injury to a person make the party at fault liable for economic and non-economic damages. The injured party or the family of the deceased has the right to seek damages and compensation from the person at fault in the accident. But not every civil wrong, tort, or wrongful death case goes according to plan. It’s one thing to get seriously injured or to experience the loss of a loved one because of the fault of another. But proving it in court is a different ball game. The victims or their families must prove that the injury or wrongful death was indeed the result of another person’s deliberate or negligent acts. That’s where the importance of having evidence comes in. If the victims or their families are equipped with the evidence to prove the civil wrong, they have a higher chance of recovering compensation and damages from the party at fault.   Preserving Evidence After a Serious Accident: A Case Study After a serious accident, the first thing a victim should do is to seek medical attention. Afterward, they should take photos of the accident scene, get the information of the other party involved in the accident, and identify key witnesses, among others. All forms of evidence that can serve as proof of the accident should be preserved as much as possible. This is also where having an attorney becomes important, as experts know what to do and how to preserve the evidence of the accident for the court. Take for example a motor vehicle collision, one of the most common causes of accidents resulting in injuries and death. A motor vehicle driver, for example, is driving under the influence and blows through a red light, which causes a car crash. The car that was hit is set on fire. In this instance, the responsible or at-fault party is the drunk driver. However, they do not have enough liability insurance to properly and fairly compensate the victim for the injuries caused. Now, it’s the lawyer’s job to preserve evidence, i.e. the car belonging to the victim. An attorney will then ask crucial questions to determine how and why it caught on fire. Was it because of a ruptured fuel tank? Did something burst and create a fire situation? If so, it’s not only the drunk driver who can be held liable for the damages. The victim can also sue the vehicle manufacturer for the breach of their obligation to anticipate the accident or injuries caused by regular and customary use of the product. If the lawyer did not preserve the vehicle that burst into flames as evidence, the victim or injured party may forever lose the right and opportunity to have that vehicle preserved, inspected, and evaluated. Without this piece of evidence, it will be nearly impossible for the injured party to make a solid case.   Why Is It Important to Preserve Evidence? It’s vitally important that all evidence of a serious accident is preserved and maintained for later inspection by the appropriate experts. Preserving evidence not only helps gather the proof needed to create a solid case, but it also protects the injured party from losing incredibly valuable rights and allowing them to recover the compensation and damages that they deserve., Author, Why Preserving Evidence After a Serious Accident is Extremely Important, 2022
• Every day, we use products to help us accomplish our tasks and fulfill our obligations. When we buy something, we are in fact, relying on the manufacturer of those products and putting our safety and security in their hands. We trust that their products are safe for our use. If you are using products in the way they are intended, yet become seriously injured because of it, you can have a potential claim against the manufacturer. This is called product liability., Author, When Use of a Product Causes Severe Injury, Baratta, Russell & Baratta blog, 2020
• Driving to and from work every day may seem like a normal occurrence. Because we do it all the time, we start getting too confident in our safety. But no matter how religiously you follow traffic rules, there is no assurance that other motorists are doing the same. Car accidents happen every day, many times per day. And the results are devastating not only for the drivers but for their families. Lawyers encounter cases all the time when clients suffer serious injuries due to auto accidents, yet are faced with the frustration of not being able to recover enough compensation even to cover the medical bills. Therein lies the importance of having an auto insurance policy, particularly an Under-Insured Motorist Insurance or UIM., Author, The Importance of Under-Insured Motorist (UIM) Insurance, Baratta, Russell & Baratta blog, 2020
• Speaker at a Philadelphia Trial Lawyer CLE function in which a verdict of over 4 million dollars achieved in a Philadelphia County trial regarding the failure to treat a bile leak following a laprascopic cholecystectomy was discussed., Speaker, How to Win Impossible Cases, Philadelphia Trial Lawyers
• As discussed in my previous blogs, a Mild Traumatic Brain Injury (MTBI) most likely cannot be seen on any x-ray type studies.  Since symptoms may take a long time to manifest and there exist alternative causes for the symptoms, proving a causal connection between the traumatic event and the brain injury requires a vigorous advocate with experience handling brain injury cases.  Cases can be lost even when a wrongdoer has been clearly negligent if such a lawyer is not retained. There are 3 main ways I work with my clients to ensure that I can prove the injury was caused by the trauma., 3 Successful Ways I Prove Mild Traumatic Brain Injury (MTBI), barattarussell.com blog, 2015
• "When a Patient Commits Suicide, Who is to Blame?", American Journal of Psychiatry
•  According to the CDC, head injury results in 138 deaths daily and close to 3 million emergency department visits annually.   Falls are the leading cause of brain injuries, about 40%.  Other causes include being hit in the head unintentionally with an object (15%), motor vehicle crashes (14%) and physical assaults (10%).        Those who suffer a brain injury due to the carelessness of another need an attorney who understands these very difficult to diagnose and treat injuries.  The character of Jordan Belfour in the movie, The Wolf of Wall Street said: “If you think it’s expensive to hire a professional to do the job, wait until you hire an amateur.”   I am passionate about understanding and educating others about brain injuries., Hiring the Right Lawyer for Brain Injury, 2015
• The Assessment of Decision-making Capacity after Acquired Brain Injury: Legal and Neuropsychological Perspectives – Determining decision-making capacity after acquired brain injury is a challenging task even for the most experienced clinician. In this presentation, we present the medico-legal issues and process related to determining capacity, the research and recommendations regarding the components of a capacity evaluation, and clinical case examples outlining the process of assessment., Speaker, Brain Injury Association of Pennsylvania Annual Conference, 2015
• In 2017 the lawyers of Baratta, Russell and Baratta achieved life changing results for many clients.  Below are some of the highlights of 2017. These clients, these heroes, all had one thing in common: a careless actor had changed their life. , 2017 - A Year in Review, 2018
• Go find your automobile insurance policy and look at the Declarations Page. Let’s make sure you have enough coverage to protect yourself and your loved ones. We are going to focus on two areas of auto insurance that people tend to overlook., 2 Reasons Why You Need to Look at Your Auto Insurance Policy – IMMEDIATELY, 2018
• You followed the rules and did everything carefully but someone else didn’t, and now you are suffering the consequences of pain, lost time from work, mounting medical costs and the fear that the life as you knew it has been stolen from you.  Meanwhile the careless person gets to live their life as if nothing happened.Why are you the one suffering all the consequences when you did everything the right way?  Why does the person who caused the harm suffer nothing?  What can you do?, Our 10 Rules for Success in YOUR Personal Injury Claim, 2018
• CLE Presentation at the Crystal Tea room on 3/29/2018, Speaker, CLE- Effective Ethical Negotiation, 2018
• A trial lawyer and forensic psychiatrist explain how to prove physician negligence can cause or fail to prevent suicide, Co-Author, When a Patient Commits Suicide, Who is the Blame?, American Journal of Forensic Psychiatry, Volume 27, Issue 2, 2006

• Board Certified Civil Trial Advocate Pennsylvania, 2024
• Board Certified Civil Trial Advocate by the National Board of Trial Advocacy, 2007

• $900,000 Settlement / Company Policy Change AccomplishedWrongful Death of Wheelchair Bound Passenger in Medical Transportation Van Montgomery County  Our 89-year-old client, with end stage renal disease and a pre-existing cervical fracture, was a wheelchair bound passenger in a medical transportation van on his way to dialysis.  The driver of the medical transport van failed to secure him, and the wheelchair fell backward to the floor of the van while in transit.  The driver stopped the vehicle and proceeded to pull him back up without supporting his head or neck.   What happened next is what caused his death.   Following the incident, the Bux-Mont driver stops the vehicle on the side of the road and enters the passenger area using the right-side door. The driver does not call EMS or headquarters to find out what to do. Instead, the driver immediately begins to upright our client and his wheelchair by grasping the wheelchair and pulling him up providing no support or control of our client’s head or neck.  He did this without evaluating and without even asking whether our client was injured. .  The driver then dropped our client off at dialysis without reporting anything had happened. Once arriving to dialysis, it was clear that our client was injured, and the nurses contacted 911 to summon an ambulance. Bux-Mont’s failure to train its drivers the necessary and required steps to safely handle any passenger injury caused a delay of more than 33 minutes to safely secure our client’s cervical spine.   Our client died 4 days later of complications from the neck injury.   Bux-Mont had offered No Training to its drivers how to handle this foreseeable incident other than to call Dispatch immediately.  The driver admitted he did not do this.   Because the driver had not been trained not to, he picked up the passenger with a possible head or neck injury aggravating the pre-existing underlying cervical spine fracture that led to a phrenic nerve injury which led to respiratory compromise and death 4 days later.  If the driver had simply left the passenger on the floor of the van and called 911 and not moved him, that aggravation injury could have been avoided.    This case settled for $900,000 - As part of the settlement, Baratta Law made Bux-Mont Transportation Inc. agree to adopt a training policy which requires training of drivers to not move a passenger with a head or neck injury and contact 911.   , 2024
• $450,000 SettlementPassenger Injured in Single Car Accident on Roosevelt Boulevard Prevails against PennDOT and Contractor for Clear Zone ViolationPhiladelphia CountyOur client was the injured passenger in a speeding car which crashed into a two feet high tree stump located four feet off the edge of Roosevelt Blvd. where PennDOT failed to remove the tree from the “clear zone” and the contractor failed to cut the tree down to 2 inches or less from the ground.   A row of 11 Sycamore trees had been planted twenty-five feet apart and four feet from the edge of the roadway on Roosevelt Boulevard near 5th St.  PennDOT had determined that the tree required removal because it was dead.  It therefore hired a contractor to cut the tree down.  The contract required that the contractor cut the tree to a height of no more than 2 inches from the ground. The contract also required the contractor to comply with PennDOT Publication 23, Chapter 13, which specifically addresses duties related to the clear zone concept, and specifically, the duty to create a space free of woody vegetation for vehicles to leave the roadway and safely recover.  The contractor left behind a huge stump, 24 inches in  height and 30 inches in diameter.   By not enforcing the contract, PennDOT violated the clear space concept.      The crash occurred at 2AM.  The driver had been speeding and left the roadway striking the large stump.  Our client, a 30-year-old man, suffered lower extremity fractures that required surgical repair.  , 2024
• $750,000 Settlement - Car Wreck Involving Truck - Philadelphia County, 2023
• $372,500 Settlement - Slip & Fall Case requiring multiple surgeries, 2022
• $ 6 figure Settlement -  Motor vehicle accident, 2021
• $495,000 Settlement - Night time Collision into Unmarked Parked Flatbed Trailer, 2021
• Settlement - $750,000 in a Fatal Hit & Run , 2020
• Confidential Multi-Million Dollar Settlement  - Truck Accident causing TBI and Foot Fractures, 2020
• Confidential 7 Figure Medical Malpractice Settlement - Wrongful Death Due to a Brain Bleed , 2020
• Settlement - $425,000  - Bicyclist knocked down by Dog causing Brain Injury , 2020
• Jury Verdict - $400,000 in Bucks County Fall Down Case., 2019
• Settlement $1MM-motorcycle accident, Settlement $550,000-Uninsured Motorist, Settlement $565,000 -mild traumatic brain injury in a motor vahicle accident Confidential Settlement $over 5MM - a young man who had lost both legs above his knees trying to help a motorist who had suffered a flat tire.This case involved 9 years of litigation against 4 defendants. Confidential Settlement high six figures  - slip and fall due to a wet floor in a bathroom and died due to the head injuries suffered, Confidential Settlement high six figures -  medical malpractice vs orthopedic surgeon, Verdict $625,000 - medical malpractice vs OB/Gyn, Settlement $675,000 - traumatic brain injury in SUV vs. tractor tanker wreck, Settlement $ 315,000 - Motor Vehicle Accident caused by motorist fleeing police, Settlement $350,000 - ankle fracture - slip on ice, Settlement $500,000 - Party bus accident causing mild traumatic brain injury,  Settlement $450,000 - Sexual assault case vs. defendant Church, Verdict $4 Million -  failure to treat bile leak post laparoscopic cholecystectomy, Settlement $3.8 Million - burn victim death following energy plant explosion, Verdict $1.6 Million - herniated discs in low back and neck and knee injury leading to knee replacement in fall down case, Settlement $1,775,000 - pedestrian hit by vehicle suffers brain injury,  Settlement $750,000  - failure to diagnose skin cancer resulting in death, Settlement $600,000 - foot fractures in 30 year old woman caused by MVA), Settlement $500,000  - herniated discs in low back caused by MVA, Settlement $275,000  - post-concussion syndrome suffered in slip and fall, Settlement $250,000  - nerve lacerated during surgical fixation of fracture humerous, Settlement $575,000 - wrongful death case for an inmate at the Philadelphia Federal Detention Center - failure to timely treat deep vein thrombosis leading to a pulmonary embolus and death, 2018

• Brain Injury Association Of PA

“Simply the best in his field”

“I have had the pleasure of working on several matters with Anthony and have been impressed by his attention to detail and his dedication to do what is right for his clients. He is an effective communicator who will dig to the center of the earth to find the truth on behalf of his client. On top of all of that he is a great person who is always willing to lend a helping hand.”