Seeking Wrongful Death Damages after an Accident

 

Losing a loved one in an accident is one of the most difficult experiences a family can face. In addition to grieving and coping with emotional trauma, survivors may have to deal with financial and practical repercussions as well. Although no amount of money can bring a loved one back, if someone else’s negligence caused their death, you may be able to find recourse and hold them accountable by filing a wrongful death claim. A local injury lawyer can help you understand how wrongful death actions work in Pennsylvania and determine whether or not you have a potential claim.

What Is Wrongful Death?

Pennsylvania law defines a wrongful death as one that is "caused by the wrongful act or neglect or unlawful violence or negligence of another." Even If a person who caused a wrongful death is not criminally charged or convicted, you can still file a civil case for damages against them.

Who Can File A Wrongful Death Claim In Pennsylvania?

Navigating the laws surrounding wrongful death in Pennsylvania is challenging. A civil wrongful death claim can only be filed by the personal representative of a decedent’s estate. The executor of the will or a personal representative appointed by the court brings the claim on behalf of the beneficiaries of the estate. If a claim is not filed within six months of the person’s death, a beneficiary is entitled to file a claim on behalf of all beneficiaries of an estate. Whether you are the personal representative of a loved one’s estate or a beneficiary who is filing a claim, it is vital to have a lawyer guide you through the process.

Common Types of Damages in Wrongful Death Cases

Wrongful death is often the result of a car accident, motorcycle crash, bicycle or pedestrian collision, or an accident involving a tractor trailer or drunk driver. Depending on the circumstances, multiple parties may be liable for damages. For example, if a faulty truck part causes brake failure that leads to an accident, the parts manufacturer, trucking company, truck driver, or even a mechanic or maintenance company may be liable for injuries and losses stemming from the crash.

Damages in wrongful death claims often include:

• Medical expenses

• Funeral and burial costs

• Estate administration expenses

• Loss of income and benefits, including income that a deceased person would have reasonably earned and contributed to their family’s support over the course of their remaining work life.

• Compensation for the loss of comfort, society, and household services

• Loss of love, affection, and consortium

• Loss of moral guidance and support

• Pain and suffering

• Punitive damages

• Other applicable damages

Loss of companionship, support, moral guidance, and pain and suffering are meant to compensate surviving loved ones such as a spouse, children, or parents. Punitive damages are not awarded to compensate the deceased person’s loved ones, but to punish the defendant if their actions were particularly egregious or willfully harmful. Calculating damages in a wrongful death claim is a complex process that often requires the input of professionals such as forensic accountants and economists.

Determining Whether You Have a Wrongful Death Claim

These types of cases require extensive investigation and the knowledge of car accident attorneys who are well-versed in handling wrongful death claims. The statute of limitations for bringing a wrongful death or personal injury claim in Pennsylvania is typically two years from the date of death, Although it could be earlier, so the sooner you speak to a lawyer, the better. The best accident attorneys offer a free initial consultation, so you can ask questions and find out your options at no cost to you.

This blog was originally posted on https://www.pa4law.com/seeking-wrongful-death-damages-after-an-accident/

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Dog Bites and Personal Injury Law In Pennsylvania

Most dog lovers consider their canines part of the family. However, even the best-behaved dog can become aggressive and cause injury to others. If you or someone you love has been the victim of a dog bite, it is important to understand the nuances of Pennsylvania law and how it may apply in your case.

Pennsylvania Dog Bite Law

Hiring a skilled injury lawyer is vital if you are pursuing a dog bite claim. These types of cases often involve complex legal issues and may require extensive investigation.

Pennsylvania law requires owners and caretakers to retain reasonable control over their dogs at all times. This means that owners should confine their dogs on their premises and take extra precautions to prevent them from escaping. Even if there is no leash law in a particular town or area, if an unleashed dog causes injury or damage, the owner is typically liable.

In any personal injury claim, a plaintiff must prove that the defendant’s negligence caused their injuries. An injured victim may be able to recover compensation by proving that a dog owner violated Pennsylvania’s dog confinement or dangerous dog statute, but most dog bite claims can be considered what is known as a common law negligence claim. In these types of cases, the following elements must be proven by the plaintiff:

• The defendant had a duty of care to follow a certain legal standard of conduct to protect others from unreasonable risks

• The defendant failed to conform to the required standard

• The defendant’s actions (or inaction) resulted in the plaintiff being injured

• The plaintiff suffered damages or losses

Recovering Compensation in a Pennsylvania Dog Bite Case

Even if your dog bite case seems straightforward, seeking the counsel of a Pennsylvania personal injury attorney who understands how to prove negligence in a dog bite case can help to ensure you recover the full and fair compensation to which you may be entitled. Many homeowners and renters insurance policies cover damages for dog bites and other animal attacks, but insurers do everything they can to offer minimal settlements or to deny claims.

An insurance adjuster or attorney may attempt to blame the dog bite on the victim and claim that the injured person was hurt because they “provoked” the dog. There are all kinds of underhanded tactics they may use to avoid liability. Some policies have exclusions that do not cover injuries caused by certain breeds of dogs, such as pit bulls and rottweilers. In these types of cases, you may have to sue the dog owner directly instead of filing a claim with their insurance company.

An Attorney Will Accurately Value Your Dog Bite Claim

Dog attacks can result in long-term physical injuries and mental conditions. Victims who suffer from scarring, disfigurement, or chronic pain often deal with conditions such as PTSD, depression, and anxiety as well, which can have a significant impact on their quality of life. Treatment for these types of injuries often comes at a high financial and emotional cost. The best accident attorneys know how to calculate these damages correctly. If you attempt to go it alone, you may find that the settlement you receive is not enough to cover the cost of medical care and loss of income, let alone provide compensation for damages like pain and suffering or emotional distress.

If you or a loved one has been injured in a dog attack, contacting an experienced personal injury lawyer can help you understand your rights and maximize your recovery.

This blog was originally posted on https://www.pa4law.com/dog-bites-and-personal-injury-law-in-pennsylvania/

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Steps to Take If You Find Yourself in the Middle of A Custody Battle

Being involved in a child custody battle can be emotionally and financially draining. When things get heated, it is easy to lose sight of your objectives. Our custody attorneys advise clients on what to do and what not to do amidst a custody dispute. These tips can help you deal with tense situations and increase your chances of gaining custody while keeping your children’s best interests at the forefront. 

Note, if you are located in Southeastern PA or Northern Delaware, and looking for legal help with your custody issues, you can contact the law firm of Perna & Abracht here.

Hire A Child Custody Lawyer

In a contentious custody battle, it is not a good idea to go it alone. Family law in Pennsylvania is complex, and the best divorce lawyers are also skilled at dealing with child custody issues and matters, including child support. An attorney can evaluate your case, help you form a strategy, and guide you through the process every step of the way. Having a skilled lawyer in your corner can help to ensure that your rights and your children’s well-being are protected. 

Be Objective

There is no doubt that emotions run high when it comes to issues involving children. Try not to get wrapped-up in the drama of the situation – practicing compassion and putting yourself in the other parent’s shoes can go a long way in resolving custody issues. It is also important to ask yourself what your motivations are. Are you doing what is best for your children? Sometimes the answers to these questions can be hard to swallow, but can also make things easier and more pleasant for everyone in the long run. Because your attorney is not emotionally attached to the situation, he or she can provide an objective perspective that may help you see things in a different light. 

Gather Evidence and Documentation

It is vital to have evidence that supports your case. This can be anything from keeping a record of your co-parent’s involvement in school or other activities, their interactions with you and your children, and even witness testimony. The more you know about your children, the better. Make sure you are up on what is going on in their lives, whether it is knowing the names of their teachers, the subjects they like studying, any hobbies or sports they enjoy, or more serious matters such as their medical needs. Do not attempt to stretch the truth or fabricate evidence in your favor. Honesty is always the best policy, even if you fear that a custody agreement will not turn out exactly as you wish. 

Try Alternative Dispute Resolution First

Settling a custody dispute out of court can help save you time, money, and aggravation. Not only that, it is better for your children as well. Even if you are angry with your co-parent, being flexible can help you come to a reasonable agreement in a more timely manner. If you and your co-parent have a hard time with civil communication, your attorney can handle negotiations and act as your advocate.  

Present a Positive Image

When you’re going through a child custody battle, your image and behavior are under a microscope. Your role as a parent and attentiveness to your children will be scrutinized, so it is important to conduct yourself with dignity. Do not badmouth your co-parent to your children or anyone else. It can have a negative impact on your kids, and you never know when your words may come back to bite you. Avoid using social media if you can. Do not post anything about your divorce or custody case. It is also important to refrain from posting pictures that show you consuming alcohol or drugs. Even an innocent photo of you enjoying a glass of wine after work can be misrepresented as a problem. 

Whether you are in mediation or a courtroom, always dress conservatively, be polite, and be on time. These seemingly-little things can make a significant impression on judges, social workers, and others who may be involved in your case. 

Even in the best of circumstances, issues surrounding child custody can arise. A child custody lawyer in Pennsylvania can assist you with your case, improve your chances of a successful resolution, and take some of the burden off your shoulders during challenging times. 

This blog was originally posted on https://www.pa4law.com/steps-to-take-if-you-find-yourself-in-the-middle-of-a-custody-battle/

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Questions to Ask When Looking for a Divorce Attorney

Finding a divorce attorney who is right for you can be daunting. Ending a marriage can be emotionally and financially draining as it is, so it is important to hire an attorney who has your best interests in mind.  Arming yourself with knowledge before you begin your search can help you feel more confident about your decisions and help you understand the divorce process. Asking some questions can also prepare you for what lies ahead and help you find a divorce lawyer who meets your needs and meshes with your communication style. 

Do you know that the Perna & Abracht legal team is always available to answer your divorce questions here, without any obligation?

Experience & Qualifications

There are a few questions to ask that can give you an idea of whether or not a lawyer is experienced in handling divorce cases, including:

• How long have you been practicing family law? 

• Is divorce your specialty?

• How many divorce cases have you handled? How many were settled out of court?

• Are you familiar with local family court judges, lawyers, and other officers of the court?

• Do you have experience handling cases that involve child support, alimony, business valuation, and significant assets? (This question will depend on your specific circumstances)

• Are you skilled in alternative dispute resolution such as mediation or collaborative divorce?

• How many of those cases were you able to settle out of court?

Strategy

• Do you think it is better to mediate and negotiate than go to trial?

• Will you ask my opinion before planning a strategy?

• What is your strategy for my case?

• Will I be able to negotiate directly with my spouse?

• How long do you think it will take to resolve my case?

• Based on the circumstances, what do you think the best possible outcome could be for my case? The worst?

Availability

• Will you or another attorney handle my case? If someone else is handling it, what is their experience?

• Can I meet others from the firm who will be involved in my case?

• Will you be readily available via phone, email, or text? 

• What is the best way to contact you if I need help with an urgent matter? What do you consider an emergency?

• Will I be kept informed of all developments in my case?

Legal and Tax Implications

• How are marital assets divided in my state? 

• Am I entitled to spousal support or alimony or will I have to pay?

• How do you ensure you are getting accurate financial information from my spouse?

• What are the tax implications of my financial decisions surrounding the divorce?

Custody & Child Support 

• How are child custody and support determined in my state?

• What are your recommendations for custody and child support based on my circumstances? 

• How can I increase my chances of gaining custody? 

• Will I have to pay child support or will I be entitled to child support? 

Fees & Costs

• Do you charge an hourly rate or a fixed fee?

• If hourly, what is your rate? 

• How much do you require for a retainer?

• What are the rates for the services of paralegals and other professionals in your office?

• Will I be charged for phone calls?

• Do you anticipate additional costs such as hiring a private investigator or other professionals? 

• What can I do to help keep costs down?

Find an Attorney Who Always Puts Your Interests First

Asking these questions can help you get a feel for an attorney’s style and whether they will be a good fit with your personality. Do not hesitate to ask any additional questions you may have as well. Talking with a skilled, compassionate Pennsylvania divorce lawyer can help put your mind at ease and make the process less stressful.

This blog was originally posted on https://www.pa4law.com/questions-to-ask-when-looking-for-a-divorce-attorney/

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How Does Domestic Violence Affect Divorce Cases?

Although there are laws in place that are designed to protect victims of domestic violence, millions of Americans still suffer abuse at the hands of loved ones each year. Domestic violence is a factor that is taken into consideration in some divorce cases, but it can be challenging to understand how the law works and how these factors may influence your divorce. Your divorce attorney can explain how domestic violence may affect your case and help you find ways to protect yourself if you are still dealing with a violent or threatening partner. It is also critical to have an attorney represent your interests if you have been accused of domestic violence.

Note: If you are located in the Southeast PA or Northern Delaware, get legal representation from the area's leading divorce attorneys here.

Types of Divorce in PA 

The majority of divorces in Pennsylvania and other states are no-fault, which means that both parties have mutually agreed to separate or one party has waited the required amount of time to divorce without the other party’s consent. Divorce on fault grounds requires one party to show that their spouse committed an act such as abandonment, adultery, cruel and barbarous treatment, bigamy or other acts. Depending on the specific circumstances, physical and mental abuse may be considered cruel and barbarous treatment, so it can have a significant impact on your divorce if you file on fault grounds. 

How Domestic Violence may Affect Division of Marital Property and Alimony

Pennsylvania is an equitable distribution state, but this does not mean that assets are always split 50/50. A judge may decide to award a larger share of a marital estate to a spouse who has been a victim of domestic violence, especially if the abuser’s behavior had an impact on the couple’s finances. For example, if an abuser’s actions prevented their spouse from holding a job, the victim may be awarded a larger portion of marital assets. Domestic abuse may also be a factor when determining alimony amounts, particularly if an abused spouse was financially dependent on the other or the abuser caused them financial harm. A spousal support attorney can determine what you may be entitled to and work to ensure you receive a fair settlement and alimony, if applicable. 

Domestic Abuse & Child Custody

In matters surrounding child custody, the court’s priority is the child’s best interest. If it can be shown that one spouse was abusive to another, the abuser is usually less likely to obtain custody of the children, even if the children were unaware of the abuse. If your spouse has been abusive, the court may prohibit overnight visits, require supervised visitation, and order that all exchanges of the children are conducted in a public place like a police station. If the abuse is extreme or your spouse also abused the children, a judge may not allow any visitation at all. If you believe your children are at risk, it is vital to have a good child custody lawyer who is well-versed in the law and who will fight to protect your children’s safety. Your lawyer can also help you file for a Protection from Abuse order (PFA) for you and your children if necessary. 

Settling a Divorce Out of Court

Proof of domestic abuse can also give you leverage if an abusive spouse wants to keep their behavior from coming to light in a courtroom. A skilled Pennsylvania divorce attorney may be able to negotiate an advantageous settlement without ever having to take your case to trial.

How an Attorney Can Help

If you are divorcing an abusive spouse, it is important to have someone to act as your staunch advocate. A seasoned divorce lawyer can assess your case and advise you on the best course of action to stay safe, develop a strategy to hold your spouse accountable, and protect your rights. 

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-violence-affect-divorce-cases/

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What is the Probate Process in Pennsylvania?

Probate is the legal process used to administer and settle an estate in Pennsylvania. Knowing how the probate process works is vital if you are the executor of a will or a relative of someone who has passed away without a will. If you are creating an estate plan, an attorney can help you understand the basics of probate and help you craft a plan that meets your needs and protects your loved ones’ interests. 

The Purpose of Probate

The aim of probate is to collect an estate’s assets, settle any final debts, pay any tax due, and ensure that the remaining property is distributed to the decedent’s beneficiaries or heirs. When there is no will, the court appoints an administrator for the estate and their assets are distributed according to the laws of intestacy, which determine who will inherit the decedent's assets. 

Depending on the circumstances, probate can be a complex process. Although some estates can be wrapped-up in a few months, if there is no will or it is contested, settling an estate can take more than a year.  If you are unfamiliar with probate or anticipate problems or conflict surrounding a loved one’s estate, having an experienced attorney assist you with probate is vital to help the process run more smoothly and avoid errors.

Steps Involved in the Probate Process

Validating the Will

First, the executor of the will or personal representative of the estate is required to take the will, a certified copy of the death certificate, and a petition for Letters Testamentary to the Register of Wills in the county where the decedent resided. After it is determined whether the will is valid, the Letters Testamentary are issued and a fee is paid. The personal representative must also file a petition for probate, which asks the local probate court to open the case. If there is no will, Letters of Administration will be issued to the administrator by the probate court. The administrator is usually the next of kin, but it can be anyone depending on the particular circumstances. These documents give the executor or personal representative (i.e., the Administrator) authority to gather assets and act on behalf of the estate. 

Estate Administration

All of the assets of the estate are identified, located and gathered by the personal representative or executor. They also must publish a legal notice in at least one local newspaper and one legal reporter or newspaper of general circulation, which informs the public, heirs, beneficiaries and creditors that probate is beginning. Certification of these notices must also be filed with the court. After inventorying estate assets, the administrator pays all debts and taxes. If any estate property needs to be sold, the personal representative is permitted to do so, but must file periodic status reports with the court. A discount of 5% is given if Pennsylvania inheritance taxes are paid within three months of the date of death. The final tax return is due nine months from the date of death. 

Final Accounting and Distribution of Assets

When all matters have been resolved, a final accounting of the estate administration is prepared, and the remaining assets are distributed to heirs or beneficiaries. If there are any disputes by creditors or beneficiaries, or if there are any inconsistencies in the accounting, a formal accounting to the court may be required. A skilled probate attorney will oversee all aspects of probate, and can help you deal with any issues or conflicts that may arise. 

Whether you are creating an estate plan or need assistance with probate and estate administration, seeking the counsel of an experienced attorney in Pennsylvania can give you peace of mind and refine the process. 

This blog was originally posted on https://www.pa4law.com/what-is-the-probate-process-in-pennsylvania/

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Child Support for Children with Special Needs

Hashing-out child support issues can be challenging. They can be especially stressful when you have a special needs child who needs extra care or services. Many special needs children require help beyond the age of majority (typically 18), and parents often wonder how their child will be taken care of should they become unable to do so. Special needs children and adults are often eligible for government assistance, so if you are in the middle of a child support battle, it is important to hire the best child support lawyer you can find. An attorney should understand how child support payments can impact the benefits that a person with special needs receives from government programs, and ensure that a child support order does not put their eligibility at risk. 

Child Support Determinations

Many different things are taken into consideration when determining who will pay child support and in what amounts. Child custody arrangements, both parents’ income and earning potential, and other factors impact the amount a child receives. However, in cases involving special needs children, there may be additional expenses to consider, such as educational needs, at-home care, medical treatment, equipment, and medications. It is critical for your attorney to bring these issues to light during the initial support determinations to ensure the cost of your child’s care is fully covered.   

Modifications to Child Support Orders

Circumstances change, so it may be necessary to ask the court for a modification to your child support order. It is important to save all of your child’s medical and education records, receipts for treatment and care, and any other documentation of your child’s needs, such as reports from doctors, physical and occupational therapists, mental health professionals, and educators.  

Special Needs Trusts

Typically, child support payments stop when a child turns 18. In cases involving special needs children, courts may order that support continue into adulthood. Children and adults with special needs may receive Medicaid, SSI or SSDI, housing, and other government benefits, so making sure that child support amounts do not affect these benefits is vital. One way to do this is to create a special needs trust. 

What Is A Special Needs Trust?

There are two types of special needs trusts. A first-party trust holds assets that belong to the beneficiary, including child-support payments, damages awarded in a personal injury claim, and gifts made directly to the child. A third-party special needs trust holds assets that do not belong to the beneficiary, but are used for their benefit by the trustee. If you have a family estate planning attorney, you may want to consult with him or heer about which type of trust will best protect your child’s interests should you pass away or become incapacitated.  

It is important to note that Medicaid payback provisions apply to first-party trusts, and child support payments that exceed income amounts for SSI may jeopardize your child’s eligibility for these benefits. Funds in a third-party trust are not subject to these provisions, but may only be used for certain things to ensure the child is still eligible for benefits. Setting up a special needs trust the right way can allow parents to provide for a child while protecting the child’s ability to receive government benefits. 

How an Attorney Can Help

If you are considering divorce or need help with matters involving financial support for a special needs child, avoiding these potential pitfalls is essential. Reach-out to our experienced divorce attorneys here. We can help you understand your options and ensure that the final support agreement is written in a way that protects your child’s interests and any government benefits to which your child may be entitled.

This blog was originally posted on https://www.pa4law.com/child-support-for-children-with-special-needs/

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