Estate Planning: Here is How to Get Started!

It is easy to put off estate planning for another day (or month or year). Perhaps you aren’t sure how to get started. The following are five simple steps that will move you in the right direction.

1.    Create a deadline. Everyone responds more quickly when there is a deadline. Set a deadline for when you will have your estate planning in place. Choose a date not too far out, but also allow for time to gather the information you will need to create a will, confer with your attorney, and have the plan completed. Three months from now would be reasonable.

2.    Collect financial information. This is a task that begs for a spreadsheet. List all your assets and investments, showing their current market values, debts against them, and net values. Show how they are titled (you alone, jointly with your spouse?). Start a physical file where you place deeds and current statements, so you can show them to your attorney.

Here’s a checklist of what to include:

•    Your home

•    Any other real estate

•    Autos, boat, other titled property

•    Bank accounts

•    Retirement savings 

•    Business and partnership interests

•    Life insurance policies and annuities

•    Items of special value

•    Other debts (credit cards, personal loans, unsecured lines of credit)

3.    Who will inherit from you? Decide who will be your heirs – and this often is not as simple as you might think. Yes, there is your spouse and your children. What about siblings, a life partner to whom you aren’t married, stepchildren, nieces and nephews, grandchildren, special friends, a pet? Then there are institutions (schools, churches) and charitable organizations. Create this master list, and gather the information your executor will need, such as full legal names, dates of birth, current addresses, how they are related to you. Then decide how much they will inherit, and how it will be distributed. For instance, you may not want a young person to receive a large lump sum, but installment payments over time. If you have minor children, you may need to create a child’s trust in your will. These are matters to discuss with your estate planning attorney.

4.    Your executor. Choosing an executor deserves some thought, according to lawyers that handle wills.  Let’s say you decide to appoint your eldest child – but your children have a history of disagreeing with one another. This will only add fuel to the fire. Sometimes it’s best to choose someone outside of the family, such as a professional (lawyer, accountant). The executor should be someone you trust, whose judgment you respect, and who will carry out your wishes.

5.    Select your attorney. Estate planning is too important to “go it alone.” It’s best to find an estate attorney who will counsel you through a number of additional issues, such as a health care directive (also called a living will). Your attorney will also make sure documents are drafted properly according to your state laws. He or she will also make sure language is structured in a way that makes your wishes clear to your executor and heirs.

Don’t hesitate to contact an experienced estate planning attorney at Perna & Abracht, LLC, who will ensure that you start and complete the estate planning process with ease.

This blog was originally posted on https://www.pa4law.com/estate-planning-here-is-how-to-get-started/

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Considering a Will? 5 Things You Should Know

If you don’t have a will, you are not alone. It is estimated that one-half to two-thirds of U.S. adults don’t have a will. Yet in this case, it is not good to be in the majority. A will is an important legal document that every adult can and should put in place. Fortunately, for an estate planning attorney, it is a straightforward process to create a will.

1.    Not just for the wealthy. A will is not just for wealthy people with complex personal and business holdings. Even if you are a person of average means, you have personal property and assets (money, real estate, etc.). A will determines what happens to those after you die. Ask yourself the following:

Does it matter to you who receives your property after you die?

Does it matter to you who receives your money after you die?

Does it matter to you who will take care of your children if you die before the children become adults?

Nearly everyone will answer “yes” to one or more of these questions. A will is a legal directive that resolves these concerns. Another benefit is that in your will, you name an executor. This is an individual who will ensure that your wishes are carried out as you have directed. 

2.    If you won’t, a court will. What happens if you die without a will? A court will make decisions regarding your property and money. There is a process called probate, which is lengthy and likely stressful for your loved ones, according to top probate lawyers. A will is the best way to protect your loved ones from these problems, especially if you die unexpectedly in an accident or sudden illness.

3.    How to get started. The first two steps are to designate a guardian of your minor children and appoint an executor of your will. Next, for anyone you intend to mention in your will, gather basic information such as names, addresses, and birth dates.

Your executor will need information about your debts and assets. Gather records of mortgages, loans (auto, school, business) and credit card accounts. Your executor also needs details about real estate, bank accounts, investments, retirement accounts, and insurance policies and annuities.

4.    Why you need a lawyer. It’s possible to go online and create your own will, but there is a simple question to ask yourself: “How do I know it is done right, for the state I live in?” Truthfully, you can’t know this unless you are a lawyer yourself. This is an important legal document that must stand on its own as your wishes after you are gone. It may name beneficiaries that are not immediate heirs, such as stepchildren, godchildren, friends, and charities. An experienced attorney will make sure you address all the issues that may concern your loved ones, and ensure this important document is properly drafted so all questions are answered. Hiring an experienced attorney to ensure your wishes are fulfilled after you are gone is both a wise and sound investment.

5.    A living document. One thing is for certain, that is your life will change. Over time it is advisable to review your will with your attorney and make sure it reflects your wishes at the present time. Be sure to inform your executor where your will is kept so he or she can locate it, register it at the appropriate time, and execute it.

Wondering whether you need a Will? Now is the time to schedule a consultation with attorneys who specialize in wills. Your loved ones will thank you for it.

This blog was originally posted on https://www.pa4law.com/considering-a-will-5-things-you-should-know/

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Joint Custody Agreement: How to Make it Work for You and Your Child

The facts are clear regarding child custody arrangements: children benefit from substantial and frequent contact with both parents. For this reason, the courts favor joint custody arrangements as long as there aren’t any factors that present a threat of harm to the child (such as substance abuse, child abuse or domestic violence).

To be clear, joint custody refers to both parents sharing the physical care of the child. Each parent will have his or her own household, and the child will travel from one household to the other in a schedule the parents have agreed upon.

Good child custody lawyers point out that the phrase “agreed upon,” is important to keep in mind when living with joint custody. You may not enjoy the interaction with your ex, and you may not be entirely happy with every detail of the agreement, but it is very important to abide by the agreement. A parent who habitually ignores the terms of the agreement is putting himself or herself at risk for a modification to the agreement that curtails or even removes joint custody.

What makes joint custody work? This is generally when both parents:

•    Agree it is in the best interest of the child;

•    Cooperate with each other and can make decisions together;

•    Live fairly near one another to minimize travel time and effort for the whole family;

•    Want to be involved in the day-to-day lives of the child.

Often, the most difficult step is coming up with a schedule that works for both parents. Depending on your work schedules, and your child’s school and activities schedule, you might consider custody schedules such alternating weeks, two weeks each, or every weekend (child lives with one parent during the week and the other parent on weekends). Older children may be included in the decision about what works best for them.

There are more complex shared schedules which may be easier to accomplish with young children and are found to be more psychologically beneficial for them:

2-2-3 is when the child lives with one parent for two days, the other parent for two days, and then alternates a 3-day weekend.

2-2-5-5 is when the child lives with one parent for two days, the other parent for two days, then five days with each parent.

3-4-4-3 is when the child lives with one parent for three days, the other parent for four days, and then spends four days with one parent and three days with the other.

Whatever schedule is agreed upon, your family custody attorney and other experts say the following tips will make it work better for your child.

1.    Do not criticize or belittle the other parent in front of the child.

2.    Remember that the child loves both of you as parents and needs the involvement of both parents.

3.    Any inconveniences that you may experience should not be blamed on the ex or on the child.

4.    Keep the custody arrangement separate from child support issues, good child support lawyers say.

5.    Cherish the time you spend with the child rather than regard it as something you have “won” in a fight with your ex.

6.    If you feel a change in the schedule would benefit the child, set aside any resentments you have with your ex, and discuss the change as a positive for the child.

In any issues regarding divorce or child custody, it’s best to sit down with an experienced Perna & Abracht LLC attorney as soon as concerns arise.

This blog was originally posted on https://www.pa4law.com/joint-custody-agreement-how-to-make-it-work-for-you-and-your-child/

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Child Custody Modification: What You Should Know Before Agreeing

We live in a society in which people’s living and work arrangements change often, so it is no surprise that court orders regarding custody may need to be modified at some point in a child’s life. However, a change in the child custody arrangement can have long-term effects on the child and on the relationship between the child and parent. Top child custody lawyers will say it is important for parents to understand their child custody rights before agreeing to a change in the custody arrangement.

There are two broad categories of custody, physical and legal. Usually, both biological parents of the child have legal custody, whether he or she has been awarded physical custody. Legal custody means the parent has the right to make important decisions for the child, such as education, health care, and religious upbringing.

Physical custody of a child is where modifications are more likely to be requested. The courts prefer that parents work out the custody arrangements themselves. These might include joint custody, sole or primary custody, or Bird’s Nest custody.

An important point for both parents to remember is that it is always in their best interest to abide by the child custody and child support agreements the court has ordered. This includes a courteous and cooperative attitude toward the other parent. Top-rated divorce attorneys say that open hostility by one parent toward the other may result in a request for modification of the custody arrangement.

What are other reasons to petition the court for a change in the child custody agreement?  Typically, there has been a significant change since the court finalized the order, such as:

1.    One parent doesn’t follow the terms of the existing court order;

2.    Evidence of domestic violence or child abuse;

3.    A parent has relocated to another state;

4.    A parent can no longer provide adequate care for the child;

5.    The child’s needs are different now;

6.    The existing court order is no longer in the child’s best interests.

Child’s Best Interest Standard

Most court decisions regarding child custody are made in the child’s best interests. This standard has evolved over time and is very important for parents to understand.

First, the courts will consider the child’s gender, age, and health. Children with special needs or disabilities receive particular attention to whether the home environment continues to meet those special needs.

If the child is 12 years old or older, the court may consider the child’s preferences in the custody arrangement. It is not a simple matter of the child choosing the living arrangement. The court is obligated to consider other factors, such as:

•    The quality of education in the school district and the safety of the neighborhood;

•    The proximity of after-school activities that are important to the child;

•    The physical and mental health of each parent;

•    The ability of the parent to provide a stable and healthy home environment;

•    Each parent’s work schedule, with particular attention to overnight travel away from the home;

•    Whether other relatives (half-siblings, grandparents) live in the home with the child;

•    Each parent’s effort to encourage a positive relationship between the child and the other parent.

The court is more likely to grant a modification if the parents have already agreed to it. In some states, there is a waiting period, but if the court receives evidence the child is in danger, an immediate modification may be granted.

If you are facing a modification of child custody, it’s important to schedule a consultation now with an experienced family law attorney

This blog was originally posted on https://www.pa4law.com/child-custody-modification-what-you-should-know-before-agreeing/

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For Mothers: What are your Child Custody Rights?

For many years in the past, family courts gave preference to the mother when awarding custody, but this is no longer the case. Mothers have rights in child custody, but today the laws are gender-neutral, which by and large means they are the same as the father’s custody rights.

There are differences in how the courts may perceive parents who were married when the child was born versus unwed parents. If the parents were married, the court assumes the husband is the biological father of the child. The court will determine custody based on the best interest of the child (see below).

If the parents were not wed, the court most often awards custody to the unwed mother. The unwed father may petition for custody, but he first must prove he is the biological father of the child. According to top child custody lawyers, these custody cases can become complex.

Determining Which Parent Receives Custody

Family courts determine custody on the Child’s Best Interests Standard. This standard considers many factors when determining which parent should receive custody of the child, such as:

•    What is the child’s physical and emotional health?

•    How strong is each parent’s relationship with the child?

•    How stable is each parent’s home environment?

•    Has each parent paid child support?

•    Are both the parents equally willing to parent the child?

•    Is there any evidence of abuse or neglect?

•    What are the child’s wishes (if he or she is old enough)?

Physical Custody

It’s helpful for the mother to understand there are two kinds of custody: physical custody and legal custody. Physical custody means that is where the child resides, and that parent is the primary caretaker of the child. This parent has the authority to make all the daily parenting decisions for the child, such as:

•    Who may see the child and for how long

•    Where the child lives and goes to school

•    Medical decisions (as long as they are in the child’s interest)

•    Receiving food assistance or other benefits on behalf of the child

•    Decisions about extracurricular activities, travel, and so on

Sometimes a court grants joint physical custody, and the parents will trade the parenting responsibility when the child is in their physical care. Decisions regarding child support will be based on physical custody arrangements and the income of each parent.

Legal Custody

Legal custody is a parent’s right to make important decisions, like where and how the child will be educated, healthcare decisions, religious practice, and so forth. Typically, both biological parents share legal custody regardless of who has physical custody.

Custody in Case of Same-Sex Marriages

In the case of same-sex marriages when there are two mothers, the law is not as settled as it is in heterosexual marriages. One mother may be the biological mother, and her rights may supersede those of the other mother, even if the biological mother was not the child’s primary caretaker.  If the other mother has adopted the child, this may clarify the case somewhat.

Custody in Case of Adoptive Parents

Adoptive parents (whether heterosexual or homosexual) have legal rights similar to biological parents. If a couple has adopted a child in the course of their marriage, both adoptive parents are afforded the rights of biological parents. The court then makes a determination based on the best interest of the child.

Do you have more questions about the child custody rights of mothers? It’s time to contact an experienced family law attorney to discuss your concerns.

This blog was originally posted on https://www.pa4law.com/for-mothers-what-are-your-child-custody-rights/

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Things You Should do Before You File for Child Custody

Divorce is stressful and emotional for everyone who goes through it, but child custody disputes can take the high stress and negative emotion to a whole new level. There are actions you can and should take before filing for child custody that will enable you to cope better, and assist even the best child custody lawyer to achieve the outcome you desire.

Immediately hire a child custody lawyer

Every child custody case is a mountain of paperwork, court dates, and visitation schedules. The stakes are very high if you miss anything at all, and it is easy for this to happen. Hire a family law attorney before even sticking your toe into these muddy legal waters. Not only does your attorney argue on your behalf in court, but he or she will also organize all the details so nothing is missed.

Keep a custody journal

When you go before a judge, you will need clear and reliable records to back up any assertions about the other parent. Make sure you date every entry; also, write notes about every encounter with the other parent. This is doubly important if you believe he or she has done something that you think is unhealthy for or harmful to the child. Take photos and write down the names of any possible witnesses. Use the journal to record your activities with the child, and your efforts to cooperate with the other parent.

Cooperate with the other parent

Keep an open and courteous dialogue with your ex, even if you are unhappy with the overall situation. Appearing to be unreasonable can work against you in court. If communicating with the other parent is too challenging, ask your divorce lawyer to handle communication or give you advice about how to manage the situation.

Enable visitation for the other parent

Even though you believe you can provide a better environment for the child, do not withhold visitation from the other parent. The court will look more favorably on your case if you cannot be portrayed as spiteful or uncooperative by your spouse’s attorney. Of course, if you suspect an imminent threat to the safety of the child, consult with your attorney about the next best steps.

Be careful in front of the children

Always respect that the children will be very upset if you place them “in the middle” by openly criticizing your ex-spouse or partner. Take the high road, stay calm, and protect the children from negative comments. This is truly the best for the children, and the court will be looking for evidence that you do put their welfare ahead of your own emotional state.

Curtail social media interaction

It is a mistake to use social media to belittle your ex or complain about the custody arrangement you would like to change. Social media is a public space and anything you post there may find its way to the courtroom. Along with refraining from criticism of the other parent, make sure social media does not show you behaving irresponsibly by being drunk or using illegal drugs. Your child support lawyer will tell you that even posting something positive like a new car or dining out can be used against you. You may post wholesome family activities on social media, but in general, it is safest to stay off social media as much as possible.

Are you planning to file for child custody? Call an experienced attorney at Perna & Abracht, LLC. 

This blog was originally posted on https://www.pa4law.com/things-you-should-do-before-you-file-for-child-custody/

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Child Custody Rights for Grandparents: What to Expect

Although it is often assumed that a child custody dispute is between parents, this is not always true. Grandparents may have very close relationships with grandchildren and may seek visitation rights or even custody of a child. Good child custody lawyers will tell you that this is a change in family law, as state laws granting rights to grandparents didn’t occur prior to the 1960s or 1970s.

Grandparents’ rights to visitation and child custody differ from state to state. In Pennsylvania, a family court may give visitation to a grandparent if:

•    One or both parents of the child has died, or

•    The parents have been divorced or separated for more than six months, or

•    The child has resided with the grandparent for more than a year.

When a Pennsylvania family court considers grandparent visitation, it is obligated to consider whether the visits are in the best interest of the child and whether the visits would undermine the parent-child relationship. In adoption, the grandparents’ visitation rights are ended, unless the adoption is to a stepparent or the grandparent.

Visitation Rights of Grandparents

The underlying concept of grandparents’ visitation rights is that the contact between grandparents and grandchildren is good for the children. As long as the parents agree with this, visitation can be arranged informally and no court decision is needed. If a parent objects and does not have a reason considered valid (see below), states have laws that protect the rights of grandparents, and may even extend to other family members (called “third party” or “nonparent” rights).

Federal law requires courts in each state to recognize nonparental visitation orders from family courts in other states. There is one US Supreme Court ruling that asserts the Washington state nonparental visitation portion of the state statute violates parents’ rights to raise their kids.

Family courts are obligated to ask the following questions when determining visitation rights for grandparents:

•    What is the relationship between the child and the grandparent?

•    What is the relationship between the parents and the grandparents?

•    How recently have the child and the grandparent been in contact?

•    How might the visitation affect the relationship between the child and his or her parents? The American Bar Association recently reasserted the rights of children and parents to have family unity.

•    Will grandparent visits negatively impact the child’s time spent with his or her parents?

•    Is there any evidence or history of grandparent abuse or neglect of the child?

Custody Rights of Grandparents

Granting custody to grandparents is less common than visitation, and the laws which govern granting custody to grandparents tend to be less specific. In a few states, the law considers grandparents as custodians if both parents have died. 

How would grandparents gain custody if a parent is alive and objects to the grandparents’ custody? The grandparents must prove to a family court that the parent is unfit and the child or children would have a better life with them. Good child support lawyers will tell you this cannot be a simple matter of economics (i.e., the grandparent is wealthy and the parent is not), but more of a safety concern for the child such as parental abuse of alcohol or drugs, or parental abuse or neglect of the child.

You may learn more about grandparents’ rights to visitation and custody by sitting down with an experienced family law attorney.

This blog was originally posted on https://www.pa4law.com/child-custody-rights-for-grandparents-what-to-expect/

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5 Things You Must Do to Prepare for a Contested Divorce

Divorce is never easy to go through, but when you know it will be contested, you should take particular actions to protect yourself and to help your divorce lawyer. If prepared in the following way, you will have made an important contribution to a favorable outcome.

1.    Collect your financial documents

Even before your first divorce attorney consultation, collect three years’ worth of tax returns and a recent pay stub for you and your spouse. If you do not have these records on file, you can obtain copies of tax returns by filling out this IRS form: https://www.irs.gov/pub/irs-pdf/f4506t.pdf. The Social Security Administration can show you your income history: https://www.socialsecurity.gov/mystatement/. This information will be considered when determining support obligations.

2.    Learn about your assets

In a number of marriages, one partner takes the lead on financial matters, and this likely includes knowing about all the jointly-owned assets. If you are this partner, then you will have an easier time putting together the information your divorce attorney will need to protect your interests, such as:

•    Bank accounts and current balances

•    Mortgage payment amount and current balance

•    Investments, retirement accounts, and life insurance policies

•    Deeds and titles to any paid-off property

If you have not been handling these matters, it is time to educate yourself. Find out where this information is stored, then begin to copy statements going back 12 months if you can find them. You may have to play detective in the home office or wherever the records may be.

3.    Collect information about all the debt

You may have to do some sleuthing to find the records that pertain to marital debt. Look for and copy:

•    Loan amounts, including auto and personal debt, and current balances

•    Credit card statements and current balances

Obtain your personal credit report and share it with your attorney. This does not reveal your spouse’s credit history or any debt that exists only in the spouse’s name, but it does give your attorney a snapshot of what may come to light in a contested divorce.

4.    Stay organized

It’s best to keep copies for yourself of all the documents pertaining to income, assets, and debt. Also, make a list of jobs held and degrees attained during the marriage, and in what years they occurred. Place all of this in a binder or folder that you keep in a safe, private place. If your attorney has a question, you can find the answers quickly. 

5.    Create a custody journal

If the divorce is contested, it’s likely that custody of minor children will be dragged into it. These are very emotional discussions, so you need to have facts to share with your child custody attorney. Write down the parenting tasks and activities you are handling and those your spouse is handling. Record if your spouse is prompt when picking up or dropping off children. Make notes of any concerns you have about the safety of your children or situations they may be exposed to. Always place dates on your journal entries.

Protect your interests by involving an experienced Perna & Abracht LLC divorce attorney as early as possible in the divorce process.

This blog was originally posted on https://www.pa4law.com/5-things-you-must-do-to-prepare-for-a-contested-divorce/

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Getting Compensation for Premises Liability in Slip & Fall Accidents

Sometimes in movies and TV shows, actors are shown to fake a slip and fall accident in order to collect monetary damages from a business owner. In truth, it is difficult to fake an accident like this because both sides will investigate the claim, and true negligence is more challenging to prove than you might think.

If you have been legitimately injured on another person’s property, your personal injury attorney will still have to establish that the owner of the property is liable for an unsafe situation that caused your injuries. If your attorney has evidence to prove this, he or she may be able to reach a settlement with the property owner’s insurance company. If a settlement is not reached, your case may go to trial and a judge or jury will make the final determination.

What if the owner of the business was nowhere near the premises when you were injured, but an employee or agent of the property owner was present? Then this person’s actions (or lack of preventive action) could make the owner liable for your injuries.

The best accident attorneys will investigate these questions:

1.    Who are all the parties who may be liable for your injuries?

2.    Did actions by these parties cause your injuries?

3.    Did actions the parties failed to take cause your injuries?

Your attorney will need to be prepared to counter a defense that asserts your actions or carelessness caused the injuries.

Understanding liability and negligence

Suppose you were injured when you stumbled due to an uneven walking surface when attempting to enter a business. The property owner could be held liable for the injuries if a reasonable person would have realized this was an unsafe condition, and the property owner had enough time to fix the unsafe condition

If both of these conditions are met, the property owner could be considered to be negligent, and thus liable for monetary damages to the injured person. It seems simple, but it is not always so straightforward. Suppose also that the uneven surface was not easy to recognize, or perhaps the condition causing the uneven surface happened just last night. These questions will arise when determining liability.

Another issue that will be raised is whether you caused the injury through your own behavior. If the property owner or employee posted a warning sign saying the surface was uneven, and you ignored the sign and walked on the surface anyway, you may be accused of causing your own injuries.

According to the American Bar Association, states have varying rules that say how long you can wait to file your personal injury claim. For instance, Pennsylvania has a two-year “statute of limitations.”

If you have been injured in a slip and fall accident, you should:

•    Take photos of the area where you were injured, showing the hazards that caused your injuries

•    Do not describe your injuries to an insurance representative or the property owner until after you have been examined by a doctor

As quickly as you can after the accident, contact experienced PI attorneys like those at Perna & Abracht LLC, who will advise you about the next steps to take in obtaining compensation for your injuries.

This blog was originally posted on https://www.pa4law.com/getting-compensation-for-premises-liability-in-slip-fall-accidents/

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5 Steps You Should Take if You Are Injured in a Motorcycle Accident

Emotions run high after any motor vehicle accident, and these emotions are not your friend. If you are injured in a motorcycle accident, it is important to remain as calm as possible and act logically to call for help, document what happened, and gather information from the other parties involved in the accident. Be sure to stay focused on these tasks and do not make any comments or have conversations that could be interpreted as admissions of fault. Following are five steps to take to assist your personal injury attorney in achieving a successful outcome for your claim of personal injury.

1.    Check for injuries. It may be apparent that you are injured, or perhaps not, as you may be stunned and overcome with emotion. Carefully check yourself for the type and severity of injuries, and then check to see if others have been injured in the accident.

2.    Documentation. Everyone carries a mobile phone these days, and if yours is handy (and you are able), it is a good idea to take photos immediately (before any vehicles are moved).  The best car accident lawyers would suggest taking photos of the vehicles involved and the surroundings. Remember that the aftermath of an accident can be dangerous, so do not risk further injury to yourself or to others in an attempt to take the photos.

3.    Make the scene as safe as you can until help arrives. This would include moving your motorcycle off the road when it is safe for you to do this. Drivers of oncoming vehicles do not know there has been an accident, and having vehicles and debris on the roadway could cause more accidents and injuries. According to the American Bar Association, this could be considered negligence and you could be held responsible.

4.    Call 911 right away. Making the 911 call is not considered to be an admission of fault or guilt. If you have called 911, a police officer will arrive and collect information for a police report. This is likely to be an important document in your personal injury claim. Speak with the police officer, get his or her name and badge number, and find out where the police report can be obtained. Report the injuries you have observed or that have been reported to you. Also gather information about the other driver(s), passengers and witnesses, ideally including:

•    Names, phone numbers and email addresses

•    Make and model of involved vehicles, their license plate numbers and vehicle identification (VIN) numbers

•    Names and contact information for insurance companies

5.    Inform your insurance agent. This should happen as soon as possible after the accident. Be prepared to share the documentation and information that you gathered. The best accident attorneys will advise you to avoid describing your injuries or the damages to your motorcycle at this time. Tell the insurance agent you will report your injuries after being examined by a doctor, and damages to your motorcycle after a mechanic has looked at it. The extent of injuries and damages often are not immediately apparent.

What are the reasons you may need an attorney after you have been injured in a motorcycle accident? Maybe your injuries are severe and/or will have long-lasting effects on your health and your ability to work. Perhaps you were not at fault and the other involved parties claim it was your fault. Your insurance company might deny your claim. All of these are reasons to contact the experienced personal injury attorneys at Perna & Abracht, LLC who will assist you in achieving the best possible outcome.

This blog was originally posted on https://www.pa4law.com/5-steps-you-should-take-if-you-are-injured-in-a-motorcycle-accident/

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When Do You Need to Hire a Motor Vehicle Accident Lawyer?

Motor vehicle accidents are a common occurrence. If the accident you are involved in is minor (a so-called “fender bender”) and no person is injured, you can likely handle filing the insurance claims yourself. However, a more serious accident can have far-reaching effects on your health, career and entire household.

If you or another person is injured, there is potential for these consequences. You should hire a car accident lawyer as soon after the accident as possible. In every state, there are differing deadlines for filing a personal injury claim. Also, good legal advice will help you to avoid making mistakes that could be costly to you and your loved ones.

Motor vehicle accidents are the most common reason for a claim of personal injury in the U.S. That does not make filing these claims easy or simple. When personal injuries have occurred, you need a top rated personal injury lawyer to help you with the huge amounts of documentation and interaction with insurance companies. An experienced attorney will also ensure that you are fairly compensated for medical bills and other losses that occur now, and which may continue to affect you for many years or the rest of your life.

If the worst has happened, and a loved one has been killed in a motor vehicle accident, an experienced attorney is your family’s most important ally, particularly if the driver was impaired due to alcohol or drug use or was driving recklessly.

How to choose a motor vehicle accident attorney

The best accident attorneys are well-versed in handling the array of issues caused by personal injury, wrongful death, destruction of property, and liability determinations.

The outcome of your case will depend on your attorney’s knowledge of state and national transportation laws, experience in dealing with insurers and medical care companies, and proven ability to prepare and settle a personal injury claim. Here are six questions to ask a car accident lawyer:

1.    How much of your law practice is focused on motor vehicle cases?

2.    Please describe your experience in handling cases with this type of injury.

3.    In your experience, what is a typical settlement for a case like mine?

4.    Will you handle my car accident case yourself?

5.    What is your fee structure for this type of case?

6.    Do I have to pay for expenses you incur on my behalf?

Always check your lawyer’s background and references to make sure he or she has the track record and experience to handle a case like yours.

Legal fees

An attorney experienced in car accident cases will only accept your case if he or she believes that monetary damages are likely to be recovered. The usual fee arrangement is a contingency basis, which means the attorney only gets paid if he or she wins monetary damages on your behalf.

According to American Bar Association, the typical fees of an accident lawyer will be about 30 to 40 percent of your total compensation. Be aware that costs incurred on your behalf are not the same as attorney’s fees. You may be required to pay for some expenses out of your own pocket (clarify this with your attorney).

If you or another person has been injured in a motor vehicle accident, don’t delay in contacting Perna & Abracht, LLC to connect with an experienced car accident attorney.

This blog was originally posted on https://www.pa4law.com/when-do-you-need-to-hire-a-motor-vehicle-accident-lawyer/

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Personal Injury Lawsuits: 13 Things You Should Know

It’s often traumatic to suffer an accident or injury, and the consequences can be life-changing. If another party is liable, you have grounds for a personal injury lawsuit. Here are 13 things you should know that could help your case.

1.    Document the injury from the very moment it happens, before you even meet with your attorney. Take photos and/or videos (even if you must ask someone at the scene to help you).

2.    Write down everything you can remember about the incident – before, during and after - and obtain names and contact information of any potential witnesses (this is especially important if you were in a car accident.)

3.    Contact Perna & Abracht LLC at (610) 444-0933 to consult with an experienced personal injury attorney who will guide you and protect your interests every step of the way.

4.    Your personal injury attorney will also need documented evidence proving the extent of your injuries. Be sure to include not only physical injuries, but mental and emotional as well.

5.    Keep records of all your treatments and record any impact on your work and personal life. You may want to consider keeping a daily – or even an hourly journal -- to assist your accident lawyer in building your case.

6.    If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured. Also, keep all packaging, instructions and receipts that accompanied the product.

7.    In all cases, visual evidence is helpful to your attorney, as are expert testimonies from professionals who can collaborate your story. Your attorney will guide you in gathering evidence to build your case.

8.    Your attorney will take your case through civil court proceedings and will try to contact the other party to reach a settlement (filing an official lawsuit may not be necessary).

9.    Settlements may occur before, during or after any lawsuit is filed.  It is almost always best to seek this course first as it the fastest and easiest way to reach an acceptable conclusion for both parties. Negotiations will take place between personal injury lawyers who will then present the proposed settlement terms to both parties.

10.    You, the plaintiff, will agree to cease any legal action towards the defendant for an agreed-upon monetary amount. Special cases may require further action beyond monetary compensation.

11.    If both parties agree to the terms, then the personal injury lawyers can settle the case without ever taking it to civil court. For your own protection, be sure to consult with your Perna & Abracht LLC attorney before agreeing to any settlement, because insurance companies are notorious for trying to entice injuries claimants into settling the case for less than the claimant is entitled.

12.    Settling a personal injury lawsuit out of court can be beneficial. It spares you the duress of what could be a nasty and exhausting trial. Additionally, you can structure the settlement to meet your disability needs or to take advantage of tax benefits. Your attorney will be able to recommend the best settlement structure for you.

13.    If your case is strong enough, you may be able to obtain a larger settlement via court proceedings. Your attorney will want you to consider your future needs. What if your injuries later present future problems that presently, you haven’t even begun to consider? Not to mention simple changes in the economy that could render the settlement amount insufficient.

It’s important that you sit down as soon as possible with your personal injury lawyers at Perna & Abracht LLC to discuss your injuries and the circumstances of your case. Your attorney can help determine the best course of action for you.

This blog was originally posted on https://www.pa4law.com/personal-injury-lawsuits-13-things-you-should-know/

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8 Reasons You Should Hire an Attorney for a Bicycle or Pedestrian Accident

If you are injured while riding a bicycle or as a pedestrian, you should hire a personal injury lawyer as soon as possible after the accident. There are eight good reasons why it’s important to act quickly to hire an experienced attorney in these cases:

1.    Injuries are more severe. Because, as a cyclist or a pedestrian, you are totally exposed to the vehicle that hit you as well as to the ground, road surface or sidewalk. It’s possible you were “pinned” between them, and this produces greater trauma than if you had the protection of a vehicle around you. As a pedestrian, severe injuries can occur if the car is going as slowly as 10 miles per hour; pedestrian fatalities can occur when the car is traveling just 30 miles per hour

2.    At first, you may not know how badly you are hurt. If you are injured as a cyclist or pedestrian, and are conscious or even walking after the accident, you are likely to just be glad you survived. In your relief, you may not realize how badly you are injured. An experienced attorney knows that there may be serious injuries and long-term adverse ramifications that you do not grasp at the moment.

3.    You are not thinking clearly.  No matter if your injuries are minor or severe, you will be traumatized by the unexpected impact of a motor vehicle. This trauma will have an immediate effect on your ability to think clearly and act on your own best behalf. A personal injury attorney can take charge in a clear-headed and experienced manner.

4.    Insurance companies are not your friend. As with any type of accident, you should not have a conversation with an insurance company representative before speaking with your attorney. Good car accident lawyers know that insurance companies are not looking out for your best interest. Insurance companies usually are looking to minimize the amount of compensation they will have to pay. Do not say anything about your injuries, how you are feeling, or what actions you might be taking in the future before consulting with your attorney.

5.    You must be checked out professionally. The only way to know the extent of your injuries is to be checked thoroughly by medical professionals. This may include medical testing to determine if you have internal injuries or some hidden issue that could impair you in the future. Your attorney will ensure that you are checked-out thoroughly by credentialed medical professionals.

6.    Who pays for medical bills upfront? This is a good question, and your attorney will know the answer. States have differing laws on this; in some states, the driver’s insurance company is required to pay the medical bills for a cyclist or pedestrian the driver may have hit. As noted earlier, it’s likely for a cyclist or pedestrian to have more severe injuries, and the question of who will pay for immediate medical bills is a very important one.

7.    Recovering losses: your bike. For a person who is not a cyclist, it’s easy to consider your bicycle to be “just a bike.” Yet any experienced cyclist knows that bikes come in a wide range of price tags. Insurance adjusters usually are not well-versed in bicycle valuations and may drastically downgrade the amount of your loss. It’s even worse if the adjuster recommends repairing your bike, as bicycles involved in a car accident generally cannot be restored to their previous condition. Your attorney will take action to ensure that you receive fair compensation for the loss of your bike.

8.    Recovering losses for injuries and long-term ramifications. It’s very difficult to calculate a fair compensation for injuries suffered, particularly those with long-term ramifications. An experienced accident lawyer will protect your interests by professionally valuing your claim and by seeking fair compensation for a cyclist or pedestrian.

If you have been injured in a bicycle or pedestrian accident, contact Perna & Abracht LLC for a thorough evaluation of your case and your best next steps.

This blog was originally posted on https://www.pa4law.com/8-reasons-you-should-hire-an-attorney-for-a-bicycle-or-pedestrian-accident/

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Car Accidents Involving 18-Wheelers and Commercial Vehicles: What To Do

Because of the sheer size of 18-wheelers (as much as 80,0000 lbs.) and other commercial vehicles, accidents involving these vehicles often result in serious injuries or death. These accidents are less likely to occur on back roads, at night or on weekends. According to the Federal Motor Carrier Safety Administration, many crashes of these kinds occur on interstate highways, and three out of four occur on weekdays between the hours of 6 a.m. and 6 p.m.

Top rated personal injury lawyers will tell you that the best course of action following such an accident will differ from an accident between two passenger cars. If you are involved in an accident with an 18-wheeler or commercial vehicle, you should know there are differences in:

•    Insurance liability coverage

•    Complexity of investigation

•    Standards for owners of commercial vehicles

•    Standards for drivers of commercial vehicles

Insurance liability coverage

Operators of personal vehicles typically have insurance coverage ranging from $30,000 to $250,000. The amount you might receive following an accident between passenger cars generally will be constrained by the amount of liability coverage held by the owners of the automobiles.

Businesses obtain much higher amounts of liability coverage so that the business is protected from any large claim. Trucking companies will have a minimum coverage of $1 million, and often are insured for multi-millions. A driver or passenger of a car involved in an accident with a semi-truck or 18-wheeler will be pursuing these larger damages.

Complexity of investigation

Investigating an accident with an 18-wheeler or commercial vehicle is nearly always more complex than investigating an accident between passenger cars. There may be several cars involved in an accident with these huge vehicles. The accident might have been caused by cargo falling off the truck, or by an issue with the truck itself that should have been discovered during inspection or maintenance. Authorities will have more potential witnesses to interview and technical inspections to conduct, and so will top accident attorneys.

Standards for owners of commercial vehicles

Businesses operating commercial vehicles are required to keep safety and maintenance records for every vehicle. Semi-trucks are subject to daily inspections before each shift. These higher standards are in place because a defect in a huge vehicle may result in greater damages and injuries on the highway than a personal passenger car. Businesses also are required to provide training to drivers, and to keep records that show whether drivers are following rules for commercial drivers.

Standards for drivers of commercial vehicles

Your car accident lawyer knows that many truck drivers drive long hours, and this raises the risk of truck drivers falling asleep at the wheel and causing a serious accident. That is why there are rules about how many hours a truck driver may drive in a day. Truck drivers are also required to keep a log book of their driving hours.

There is a lot to know about how to handle a personal injury case between a car and a commercial vehicle. Your first course of action is to contact an experienced attorney at Perna & Abracht LLC, who will take all the steps necessary to protect your rights and seek fair compensation for your injuries.

This blog was originally posted on https://www.pa4law.com/car-accidents-involving-18-wheelers-and-commercial-vehicles-what-to-do/

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Fathers: 3 Things You Should Know About Your Child Custody Rights

For many years, fathers who sought physical and legal custody of their child had an uphill battle, as courts favored the mother retaining custody. However, times have changed, and biological fathers are viewed as having the same parental rights as biological mothers.

Courts are compelled to make decisions in the best interest of the child. Generally, it is considered that joint custody between the biological parents is in the best interest of the child, but every child custody case is unique. There are three important areas that can affect your individual child custody case:

1.    How Paternity is Established

If the parents were married at the time the child was born, establishing paternity usually is straightforward. The court will assume the child is the product of the marriage, and the husband is the biological father. If the parents were not married at the time the child was born, you must prove that you are the biological father in order to gain rights to child custody.

The simplest solution is for the mother and you to both sign and file an acknowledgement of paternity with the court including the child’s birth certificate with you as the named father. The best divorce lawyers will tell you the simplest solution is not always possible.

If paternity is disputed, be prepared to undergo DNA testing to prove your biological paternity. If you are an unwed father who has not established biological paternity you will not have legal rights to child custody.

2.    Types of Custody

Overall, there are two types of child custody:

1.    Physical custody. This mainly has to do with where the child lives, and which parent cares for the child.

2.    Legal custody. This gives you the right to make important decisions on behalf of the child, such as medical, educational and/or religious decisions.

Today, in practice, there are several ways that child custody may be arranged:

•    Joint custody is when the child lives a portion of the time with the mother and a portion of the time with the father. This is granted if the court is convinced that both parents are able to care for the child when the child is residing with him/her. The active participation of both parents in the child’s life is now considered to be in the best interest of the child.

•    Sole custody is granted if the court is convinced that only one parent is able to care for the child. The other parent may retain partial custody rights as allowed by the court.

•    Primary physical custody is when the child resides primarily with one parent only, and the other parent has partial physical custody.

•    Bird’s Nest custody is when the child resides full-time in the family home, and the parents take turns living in the home and caring for the child.

3.    Factors Considered by the Court

You may wonder what factors the court may consider when awarding physical custody.  The court may deny any physical custody if you cannot provide a safe home, if there is evidence you have abused the child, if the you abuse drugs or alcohol, or if you have been absent from the child’s life for an appreciable amount of time.

It’s important to reach out to Perna & Abracht LLC for consultation on a child custody case, as well as related issues such as child support.

This blog was originally posted on https://www.pa4law.com/fathers-3-things-you-should-know-about-your-child-custody-rights/

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No Contest Divorce in Pennsylvania: Pros and Cons

Divorce is always a challenge, no matter how much the parties appear to agree on many details of the marital property settlement and child custody. The concept of a No Contest divorce sounds very appealing to those who believe they are ending the marriage amicably. However,  the best divorce lawyers will tell you there are both pros and cons to this type of divorce.

How it works

A No Contest (or uncontested) divorce is a divorce in which both parties agree that they have no issues that need to be settled by a court. Both parties believe they can agree on division of property (real estate, retirement funds, savings accounts, investments and businesses), spousal support and/or alimony (if any), and child support, custody and visitation. Because the parties do not need a court to make decisions for them, it is possible to save money on court costs and legal fees.

The pros of No Contest divorce

We have already mentioned a major benefit of No Contest divorce, which is saving money that both parties would have to spend in a contested divorce. Even if you go before a judge and the judge returns a decision that is favorable to you, it is likely to cost you in court fees and fees paid to your attorney.

Another benefit is the time you will save in completing the divorce. A No Contest divorce usually moves more quickly because it is not tied to a court schedule.

Successfully completing an uncontested divorce may result in a more positive relationship after the divorce. If children are involved, this could be an important benefit as you and your ex learn how to parent differently.

The cons of a No Contest divorce

The first con of a No Contest divorce is that “you don’t know what you don’t know.” Navigating a divorce with little or no guidance from an experienced divorce attorney presents so many challenges, such as:

•    Understanding and complying with the Pennsylvania court system (required even in a No Contest divorce);

•    Knowing what settlement amounts are fair given your needs and circumstances;

•    Knowledge of child custody arrangements and their ramifications, which the best child custody lawyer acquires through experience in these matters.

Second, you will need to agree on everything in a No Contest divorce, and as many people have found out, this is extremely rare in a divorce. As you go down the path of a No Contest divorce, it is highly likely that the parties will disagree on some aspect of financial settlement and/or child custody, as money and children are highly emotional triggers in every relationship.

The third con is that, in an effort to move the No Contest divorce along, you may agree to something that will be detrimental to your household or financial future. You need to bear in mind that you and your spouse have certain rights and obligations under Pennsylvania law, and it is in your interest to have the best child support lawyer guiding you with the full force of his or her knowledge and experience.

If you are considering a No Contest divorce in Pennsylvania, it is important to contact Perna & Abracht LLC so they can draft settlement documents, which are complex legal agreements that will have an impact on you and your children for many years to come.

This blog was originally posted on https://www.pa4law.com/no-contest-divorce-in-pennsylvania-pros-and-cons/

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