Ken Fulginiti
Ken’s practice is wholly dedicated to helping individuals and families who are victims of catastrophic injury. He is grateful to have been involved in the resolution of many seven and eight-figure cases that provide his clients with financial security after tragedy has struck. In 2018, Ken secured the largest general liability settlement for a minor in Pennsylvania history.
He actively assists the victims of accidents by not only aggressively pursuing cases against national and international companies, their insurance carriers, and law firms, but also effecting change in operations, policy and procedure of entities whenever possible, so as to prevent future injuries.
Ken's primary focus within his practice includes handling cases involving personal and catastrophic injury caused by motor vehicle and trucking accidents; construction accidents; products liability/defects; premises liability; negligent security; medical malpractice; clergy sexual abuse; boating accidents, explosions/burn injuries and athletic injuries.
The complexity of some of the cases he handles is compounded by the often obstructive positions taken by the defense in these larger matters. No matter how intense of an effort taken by the defense or how many attorneys are representing the other side, Ken's hands-on approach, from accident scene analysis, electronic data review, engineering research, and forensic evaluation and testing, provides invaluable insight during discovery and trial. Or, as he often says, “We will not be outworked.” Ken carries an OSHA 10 certification in occupational and workplace safety.
He has represented dozens of athletes in matters involving sports and athletic injuries: football players, jockeys, cyclists, skiers, and, in a 2022 case filing that garnered national attention, a lawsuit against Little League Baseball, Inc. on behalf of the family of a 13-year-old player who suffered a head injury after falling out of a bunk bed at the 2022 Little League World Series.
A recognized leader in the industry, Ken is included annually on the list of Pennsylvania Super Lawyers, has been given the highest possible ranking by Martindale-Hubbell, an attorney ratings service that evaluates lawyers based on reviews by their peers in the industry, and in 2022 was named the “Lawyer of the Year” for Plaintiffs Personal Injury Litigation in Philadelphia by The Best Lawyers in America. He served as president of the Philadelphia Trial Lawyers Association, the oldest trial lawyer organization in Pennsylvania, for the 2022-2023 term, and in 2022 co-chaired the Pennsylvania Association for Justice Presidents’ Council.
While he is proud of the professional distinctions he has received, he considers one of his greatest honors the steady stream of catastrophic injury cases referred by his peers in other Philadelphia firms. To those colleagues, he is committed to sharing legal resources, educational information, and legislative updates through articles and publications of interest, seminars and continuing legal educational programs he conducts throughout the calendar year.
Education
- University of Delaware (B.S.B.A.)
- Villanova University School of Law (J.D.)
Admissions
- Pennsylvania
- New Jersey
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
- United States Court of Appeals for the Third Circuit
Awards and Honors
- The Best Lawyers in America (2014-Present), Sole 2022 attorney named “Lawyer of the Year” for Plaintiffs Personal Injury Litigation in Philadelphia
- Martindale-Hubbell “AV” (Preeminent) Rating
- Pennsylvania Super Lawyers (2005-Present), Top 100 in Pennsylvania (2018-Present), Top 100 in Philadelphia (2018-Present)
- VerdictSearch Top Pennsylvania Verdicts of 2018
- The Legal Intelligencer PaLaw Largest Awards and Settlements of 2018
- VerdictSearch Top Pennsylvania Verdicts of 2017
- VerdictSearch Top Pennsylvania Verdicts of 2016
- VerdictSearch Top Pennsylvania Verdicts of 2015 (noted as the single largest Premises Liability settlement in the Commonwealth of Pennsylvania in all of 2015)
- The Legal Intelligencer PaLaw Largest Awards and Settlements of 2014
- Philadelphia Business Journal Largest Legal Judgements of 2013
- VerdictSearch Top Pennsylvania Verdicts of 2013
- VerdictSearch Top Pennsylvania Verdicts of 2012
- VerdictSearch Top Pennsylvania Verdicts of 2010
- Philadelphia Business Journal Largest Legal Judgments of 2010
- Philadelphia Business Journal Largest Legal Judgments of 2008
- The Legal Intelligencer PaLaw Largest Awards and Settlements of 2008
- Pennsylvania Law Weekly Top Cases of 2007
Memberships
- Association of Trial Lawyers of America
- American Association for Justice
- Million Dollar Advocates Forum
- Pennsylvania Association for Justice (Co-chair, Presidents’ Council, 2022)
- Pennsylvania Bar Association
- Pennsylvania Trial Lawyers Association (Vice President, 2020; President Elect, 2021; President, 2022)
- Philadelphia Association for Justice
- Philadelphia Bar Association
- New Jersey State Bar Association
- Philadelphia Trial Lawyers Association (Board of Directors)
- Adam Taliaferro Foundation (Board of Directors)
Speaking Engagements
- “Ten Strategies for Artful Settlement Negotiations," Philadelphia Bar Association Bench Bar and Annual Conference (September, 2023)
- “Personal Injury Litigation: From Intake to Trial and Everything in Between." Duffy+ Fulginiti CLE and Networking Event (April, 2023)
- “Trucking Litigation: What We Need to Know," Pennsylvania Association for Justice Spring Member Meeting (April, 2023)
- “Killer Depositions," New Jersey Association of Justice Boardwalk Seminar (April, 2023)
- “The Defense Perspective, From Intake to Trial," Philadelphia Trial Lawyers Association (November, 2021)
- “Investigating, Pleading and Proving Damages in a Catastrophic Injury Case," CLE and Networking Event (July, 2021)
- “What Juries Need to See and Hear to Win a Big Verdict," Pennsylvania Association for Justice Annual Summer Retreat (July, 2021)
- “Handling the Traumatic Brain Injury Case.” Philadelphia Trial Lawyers Association (October, 2019)
- "Establishing Liability, Damages and Deep Pockets in Med/Mal, Construction & Products Cases." CLE and Networking Event (December, 2019)
- “Ethical Considerations in Discovery & Pretrial Prep.” CLE and Networking Event (May, 2019)
- “The Making of a Grand Slam $160,000,000 Settlement.” Duffy+ Fulginiti CLE and Networking Event (September, 2018)
- “Personal Injury Litigation: From Intake to Trial and Everything in Between.” Duffy + Fulginiti CLE and Networking Event (November, 2016)
- Trial Lawyers Roundtable, Villanova University, Charles Widger School of Law (September 2016)
- “Getting it Done: Wrongful Death, Survival Claims and Minor’s Compromise,” Philadelphia Trial Lawyers Association (October 2015)
- “Auto & Trucking Litigation: Accident Scene to Trial,” Phoenixville, PA (August 2014)
- “What’s It Worth? Evaluating & Settling Personal Injury Cases” Pennsylvania Association for Justice (March 2013)
- “Accident Investigation and Reconstruction for Lawyers” Pennsylvania Bar Institute (July 2012)
Articles and Publications
- “Amazon - To Sue or Not to Sue.” The Verdict, April, 2022
- “Construction Accidents and Handling the OSHA Investigation.” The Legal Intelligencer, August, 2020
- "Construction Injury Litigation: Paving the Road Through Discovery,” The Legal Intelligencer, August 22, 2017
- "Minimizing the Costs of Obtaining Medical Records," The Verdict, June, 2017
- “Conducting Discovery in Your Products Liability Case,” The Legal Intelligencer, January 26, 2016
- “If and When Surveillance is Discoverable.” The Legal Intelligencer, November 25, 2014
- "The Use of Technology in Your Auto Case.” The Legal Intelligencer, June 17, 2014; The New Jersey Law Journal, June 23, 2014
- “Trucking Accident Litigation - Not Just Another Auto Case.” The Legal Intelligencer, June 18, 2013
- “Trial Techniques,” Nursing Malpractice, Lawyers & Judges Publishing Company, Inc. (2011)