Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

Perna and Abracht is a full service law firm helping clients in the areas of Business law, Family law, Divorce, Personal Injury, Estate Planning and Administration, Workman's Compensation and Real Estate.

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Sunday, November 28, 2021

Proving Fault in a Motorcycle Accident

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One of the most important elements of any personal injury claim is proving who was at fault. In motorcycle accident cases, this can be challenging. Insurance companies often try to paint motorcyclists as irresponsible or reckless in order to deny claims. The best accident attorneys know how to refute these claims and put together evidence to create solid arguments that prove who was at fault. 

Evidence that Helps Prove Fault in Motorcycle Accident Cases
Proving fault in a motorcycle accident case is much like fitting the pieces of a puzzle together. It’s not just one piece of evidence that tells a story, but a combination of factors that build a strong case. Collecting relevant evidence in a timely manner is crucial, so if you are able to do this at the scene of the accident, you should. 

Vital evidence that can help prove fault includes:
Photos and damaged motorcycle gear. Take photos of the scene, damage to vehicles, and your injuries. If there are any skid marks or traffic signs and signals, make sure to get those in the pictures. It’s also important to take pictures of your helmet, the gear you were wearing, and your damaged bike. Make sure to keep these items, unaltered, in a safe place after the accident. A local injury attorney may use an accident reconstructionist to help prove fault in motorcycle claims. Photos and physical evidence like damaged gear can be valuable tools that help them determine how a crash occurred.  

Police reports. Always call 911 or local law enforcement after a motorcycle accident to ensure you get the medical care you need and to document what happened. Stay at the scene and speak to the police. If you can get a copy of the police report right there, make sure to do so. The report may contain important information such as statements from the other driver, witness statements, and the officer’s observations. Your attorney may also have responding officers testify in court if your case goes to trial. 

Camera footage. Surveillance and traffic cameras can provide valuable proof of how an accident happened and who was at fault. Time is of the essence, as many businesses record over surveillance footage within a week or even a few days. Top car accident lawyers will take action to obtain this footage as soon as possible to help prove your case. 

Witness statements.  A person who witnessed an accident can help substantiate claims of who was at fault. Witness statements are often powerful pieces of evidence, so make sure to collect contact information at the scene, and if possible, ask for a written or recorded statement while the incident is fresh in their minds.  

Your own journal. A diary can offer important details that may help prove your case. Pennsylvania personal injury lawyers often advise clients to keep a journal of the events that happened the day of the accident and document how they feel afterward. Try to write in your journal daily and keep track of your physical and mental condition, any pain you experience, how your injuries have affected your life, and keep track of medical appointments.  

If you or someone you love has been hurt in a motorcycle accident, contact our accident lawyers in Delaware County, PA  to learn more about how to protect your rights and interests.

Sunday, November 21, 2021

Spouse Emptied Your Bank Account? Know Your Rights

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Many married couples use joint bank accounts to pay bills, living expenses, entertainment, and incidentals. Typically, each spouse may make deposits and withdrawals, and joint bank accounts usually work well when a marriage is stable. However, if separation or divorce is on the horizon, things can get messy. One spouse may attempt to withdraw some or all of the funds in an account to ensure they have cash or to spite their partner. Even if you believe you can handle a split with your spouse on your own, finding an affordable divorce attorney can protect your rights.

Are Bank Accounts Considered Marital Property?
Property division laws vary from state to state. In Pennsylvania, both individual and joint bank accounts may be considered marital property. Even if a spouse has his/her own individual account, funds may be considered marital unless if they came from an inheritance or belonged to the person before the marriage. 

What Happens if My Spouse Withdraws Money from Our Bank Accounts?
Unless you and your spouse come to a mutual divorce settlement agreement outside of the courts, a judge will review all marital property and determine how to divide your assets. Although Pennsylvania is an equitable distribution state, this does not necessarily mean everything will be split 50/50. If one spouse withdrew a significant amount of money and was not authorized to do so, they may be penalized by the court. A judge may order them to:

Return the funds to the bank account
Give the other spouse property of equal or greater value
Pay legal fees, fines, and other sanctions
Reduce the percentage they receive when determining how marital assets are distributed

Family law attorneys sometimes request that the court place an order prohibiting either spouse from removing joint funds. If you and your spouse share a mortgage, car payments, or other joint debts, the court may allow them to be paid from a joint account. If your spouse takes all or a significant amount of money from your bank accounts, top divorce lawyers in Chester County, PA can help protect your rights. However, if you fail to contact an attorney right away, your spouse could easily spend the money and make it very difficult to recoup.

What if One Spouse Needs Money to Move Out?
If you believe it is best to leave the family home, it is important to keep records of any money you take and how it is spent. Withdrawing more than 50% of the money in a joint bank account will be scrutinized by the court. Keep track of rent payments and other living expenses so you have proof to show the court where the funds went. Some other factors that will be taken into consideration are child support payments, alimony payments, and any other financial issues specific to your case. Your Divorce attorney can advise you of the most effective course of action to protect your interests.

Our experienced divorce lawyers fight to protect your rights and help you understand the divorce process. If you are going through a divorce and need to update your estate plan, our top Divorce lawyers and Support attorneys can assist you with those issues as well.

Sunday, November 14, 2021

Thinking About Divorce? This Divorce Preparation Checklist Can Help

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Ending a marriage isn’t usually a pleasant thing to contemplate, but it’s critical to be properly prepared. Top divorce lawyers in Chester County, PA advise clients to collect certain information and important documents to help make the process more expedient and less stressful. 

Divorce Checklist
Being methodical and organized when gathering information is vital. There are many different issues to consider, and following this checklist can help you make quick work of them. The more information you have in writing, the better.

Marriage Documents
The first items you’ll want to gather are marriage documents such as:

Marriage license – Find your marriage license and put it in a safe place. If you’re unable to locate it, request an official copy from the jurisdiction in which you were married.  

Agreements – Collect any pre-or post-nuptial agreements and estate planning documents such as wills, trusts, powers of attorney, and advance directives. If you can’t find these documents, contact your estate planning attorney to request copies.

Life insurance policies – If you and/or your spouse have any life insurance policies, gather them and put them in your file.  

Financial Documents
Money is often a point of contention, so it’s important to gather as much financial documentation as possible before you file for divorce. Some important items include:

Income-related documents such as both spouses’ paystubs from the past year, W-2s, and several years of individual and joint tax returns. If you or your spouse is self-employed, include bank statements, paid invoices, canceled checks, financial statements, profit and loss statements, and any other relevant documentation regarding income. 

Financial account information should include checking and savings accounts, investment accounts, retirement accounts, bank statements, savings certificates, CDs, security deposit boxes, and any other financial documentation. To ensure marital property is properly divided, all accounts and assets must be disclosed, whether they are held jointly or separately. 

Real estate documents like mortgage statements, proof of mortgage payments, refinancing documents, home equity loan information, deeds, real estate purchase documents, and property tax assessments and payments can be useful when it comes to the division of marital property. 

Documentation of other property you and your spouse own individually and jointly is also critical. Gather vehicle titles, registration, and proof of any outstanding debt on the vehicles. Make a list of other assets such as jewelry, household items, furniture, intellectual property, collectibles, and any other valuable items. Include their valuation if possible. If you received any inheritance individually, make sure to include evidence of that as well.

Proof of individual and marital debt such as credit cards, loans, and medical bills can help to ensure, that division of property and debt is fair. Download a copy of your credit report and put it in your file 

Think About Custody Arrangements
If you have children, it’s important to consider how your divorce will affect them and to come up with a plan that keeps their best interests in mind. Talk to a family custody attorney about creating a proposed custody plan that includes information about regular custody schedules, vacations, holidays, and important issues such as education, religion and health care. Your lawyer can also help you understand how child support works in your state. 

Being prepared for divorce can be daunting, but you don’t have to go it alone. Our affordable divorce attorneys have your back every step of the way. If you need assistance with creating a new will, our top probate lawyers can assist you with an estate plan as well. 

Monday, November 1, 2021

Types of Injuries Sustained in Car Accidents

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It can be easy to brush-off injuries sustained in a car accident, especially when it is a seemingly minor crash like a fender bender. However, an accident does not have to be catastrophic for motorists and passengers to suffer serious injury. Understanding how common injuries can affect your health and quality of life may help you make informed choices about how to proceed after a crash. Discussing your case with a car accident attorney won’t cost you anything, and can help you determine whether or not you have a viable claim and protect your rights and interests. 

Common Car Accident Injuries
Whiplash – This is the most common injury that occurs when someone is involved in a car accident. Whiplash is especially common in rear-end collisions, as occupants of a vehicle are usually taken by surprise and do not have time to brace themselves or hold onto anything. When a vehicle hits you from behind, your head suddenly jerks forward then backward. This may strain the muscles, ligaments, and tendons of the neck, upper back and shoulders. This jerking motion can also affect your spine. Symptoms of neck and back injuries like whiplash include headaches, blurred vision, decreased range of motion, and severe and/or chronic pain in the neck, shoulders and back.  

Back and spine injuries – These types of injuries can range from mild sprains and strains to life-changing catastrophic injuries that may leave an injured victim permanently paralyzed. Herniated discs, fractures, and other spinal injuries are often painful and can have a serious short- and long-term impact on your overall health and mobility. 

Head injuries – Severe blows to the head can cause concussion and traumatic brain injury (TBI). Chronic headaches, reduced ability to concentrate, changes in mood, and reduced cognitive function are just a few repercussions that can occur due to a serious brain injury. If you or someone you love is suffering from a head, neck, or spine injury after a crash, seeking the counsel of an experienced accident lawyer who can assess your case and advise you of your options is critical to protecting your health and financial security. 

Lacerations – Broken glass, airbags, and hard or sharp edges inside or outside of a vehicle can cause serious cuts and wounds that may require surgery, a long healing process, and leave permanent scarring.  The after-effects of these injuries can be emotionally challenging as well, especially if a victim has been disfigured. 

Fractures – Broken bones are often the result of high-speed impact crashes. Depending on the severity of the accident, the victim may suffer serious compound fractures, crushed bones, and broken ribs. These injuries can also lead to life-threatening internal bleeding and require immediate medical care. 

Always Seek Medical Attention After an Accident
Even if you believe you are not seriously injured, Pennsylvania personal injury lawyers recommend that you seek medical attention as soon as you can after an accident. Some symptoms may not appear until days or even weeks later. The sooner you get checked-out by a doctor the better – early detection and treatment of injuries may improve your chances of a full recovery. 

Dealing with the physical, emotional, and financial consequences of being injured in an accident is challenging, but you don’t have to go it alone. Contact our accident lawyers in Chester County, PA  to find how they can obtain the justice you deserve.

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