Should you Hire an Accident Attorney or Handle the Claim Yourself?

When you have been hurt in an accident and you are focused on your recovery, you may feel overwhelmed and unsure of the next steps to take. If someone else’s negligence caused your injury, you might be entitled to damages, but is it wise to handle the claim on your own or should you hire a personal injury lawyer? Considering these factors can enable you to make an informed decision about hiring an attorney. 

1. Personal Injury Law is Complex

If you are only dealing with property damage, you most likely will not need an attorney. But if you or a loved one has been injured; it is important to know how tort law may apply to your case. The best accident lawyers will give you an honest assessment of your claim. Most offer a free initial consultation and case evaluation, so you have nothing to lose if you decide to consult with an attorney. 

2. You May Underestimate the Value of Your Claim

Attempting to pursue an accident claim on your own is usually a losing proposition. It can be easy to underestimate the cost of future medical bills and loss of income, especially if it is not clear how your injuries will affect your health and quality of life in the future. Whether you were hurt in a slip and fall accident or motor vehicle collision, a seasoned personal injury attorney will know how to accurately value your damages and fight to help you recover the maximum compensation you need and deserve. 

3. Dealing with Insurance Companies can be Challenging

After an accident, speaking with insurance adjusters and negotiating a settlement may be the last thing on your mind. Insurance companies are in the business of making money—even your own insurance company may not have your best interests in mind. Insurers have teams of lawyers and adjusters whose job is to find ways to minimize or deny personal injury claims. Skilled Pennsylvania personal injury lawyers are familiar with these blame-shifting tactics and will negotiate aggressively on your behalf so you can focus on what is important –healing and getting on with your life. 

4. Personal Injury Lawyers Know How to Prove Liability

For a personal injury claim to be successful, you must prove that your injuries and losses are the other party’s fault. Although medical records, photos of the scene and your injuries, witness testimony, surveillance camera footage and police reports are valuable evidence, it takes the experienced eye of an accident attorney to put them all together and build a case to prove negligence. In addition, personal injury law firms often have experts such as accident reconstructionists, investigators and medical experts who can help to explain the extent of your injuries and why a party may be liable.  

Do you or a loved one need assistance with an accident claim? Our personal injury lawyers in Chester County, PA can assess your case and advise you of your rights and options.

This blog was originally posted on https://www.pa4law.com/should-you-hire-an-accident-attorney-or-handle-the-claim-yourself/

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Common Estate Planning Errors that May Have Unintended Consequences

Having a solid estate plan in place is important to ensuring that your wishes are carried out and your family is taken care of. Regardless of the size of your estate, attempting to create an estate plan on your own can lead to costly mistakes down the road. Being aware of these common estate planning mistakes, and seeking the counsel of an experienced Pennsylvania estate planning attorney, can help to ensure all of you are well prepared for whatever may come your way.   

Only Having a Will

A last Will and testament is not a complete estate plan. It is critical to consult an estate planning lawyer to find out how to best protect your interests and your beneficiaries. The best estate attorneys will do a comprehensive review of your assets and finances, talk with you about planning for incapacity, ascertain your family circumstances, and advise you on whether trusts would provide any benefit to you or your loved ones.  

Failing to Create Powers of Attorney for Finances and Health Care

Many people have the misconception that creating a general durable Power of Attorney [POA] will give your agent control over your health care decisions and financial matters. Being as specific as possible in a POA can help to ensure your rights are protected and your desires are carried-out as you intended if you become incapacitated. 

A Durable Power of Attorney for Health Care, also referred-to as a Health Care Directive, allows your designated agent to make medical decisions on your behalf, and also enables you to specify your wishes for end-of-life decisions if you are unable to make them yourself. A Durable Power of Attorney for Finances gives your agent the ability to handle your finances in the event of incapacity. While most people choose the same person for both types of POA, some prefer to name separate trusted individuals to manage their health care decisions and finances. Attorneys who specialize in Wills are knowledgeable about how Powers of Attorney should be drafted. 

Misunderstanding the Implications of How your Assets are Distributed

Even if you have a Will, some assets like life insurance and retirement accounts are not typically controlled by your Will and do not have to pass through probate. This can lead to problems if you fail to update beneficiaries after major life changes like divorce or the death of a spouse. In addition, understanding which assets may be subject to estate and income taxes can help your beneficiaries keep more of their inheritance in the long run. 

Other actions that you may think are beneficial, such as adding your adult child to the title of your home or other property, attempting to plan your estate around specific assets, or failing to create trusts for minor children and loved ones who are not good at managing money can have disastrous unintended consequences. A probate lawyer can help you understand how certain estate planning documents like trusts can be effective ways to simplify things and reduce the amount of time and money your beneficiaries spend on settling your estate.  

These are just a few common estate planning mistakes that can throw a wrench into even the best-laid plans. An experienced attorney can help you sort it all out and create a solid estate plan that gives you peace of mind.

This blog was originally posted on https://www.pa4law.com/common-estate-planning-errors-that-may-have-unintended-consequences/

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4 Things to Consider when Creating Your Will

Regardless of your age or income, it is essential to have a properly drafted Will. Although thinking about and discussing death is not pleasant for anyone, having a Last Will and Testament in place at the time of your death can relieve your loved ones from a heavy emotional and financial burden. Hiring an attorney for will preparation helps to ensure it is prepared correctly the first time, and gives you and your family peace of mind. Taking these four issues into consideration is vital when writing your Will. 

1. Take Stock of Your Property and Assets

Before meeting with an estate planning lawyer, sit down and make a list of all your assets and property. This includes your home, vehicles, jewelry, and any other items of value. Write down the amounts of all your bank accounts, investments, stocks and other financial assets. Keep in mind that certain assets such as retirement accounts, proceeds from life insurance, and property owned in joint tenancy typically fall outside the scope of a Will, so make sure all beneficiaries are up to date. Although some people prefer to keep their Will fairly general, if you have certain items or family heirlooms that you want to pass on to specific people, include a comprehensive list of who gets what. An experienced probate lawyer can help you understand which assets may avoid probate and how proper estate planning can help make the process easier and less time-consuming for your loved ones.  

2. Think about who to Choose for Vital Roles

Choosing the right executor for your Will can be daunting. Of course, you should choose someone you trust to take care of your affairs and settle your estate according to your wishes. Picking legal guardians for minor children and pets can also be overwhelming. If you are setting-up trusts for your children, it may be best to choose someone else as trustee. It can be tough to put aside your emotions when making these important decisions. Discussing your family dynamics and other issues with your estate attorney is always a good idea. Your lawyer can provide an objective perspective that may help you see things more clearly. 

3. Consider all Beneficiaries

If you are married, typically your estate will pass on to your spouse, but what happens if you both pass at the same time? Think about the family, friends, and charities you would like to include as beneficiaries. If you want to leave money or assets to a loved one who isn’t great at handling their finances, talk with your attorney about setting-up a trust whose assets will be controlled by someone else. If you wish to provide for a loved one with special needs, your attorney can help you set up a trust for them as well. If you have children from multiple marriages or a blended family, make sure to discuss your wishes with your attorney so they are laid out specifically in your Will. 

4. Do Not Go it Alone

Although estate planning websites make it look easy, attempting to draft a Will on your own can lead to serious mistakes that can have disastrous financial and emotional consequences for your beneficiaries.  If you are concerned about the expense, keep in mind that the cost of having a lawyer draft your Will is probably not as much as you think. 

Do you need assistance with creating a Will or estate plan? Contact a Pennsylvania estate planning lawyer today. 

This blog was originally posted on https://www.pa4law.com/4-things-to-consider-when-creating-your-will/

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What to Do if You're the Victim of a Hit and Run

Being injured in a car accident is often a traumatic experience. It can be especially challenging when you or a loved one is the victim of a hit-and -run driver. Many people who are hurt in hit-and-run accidents do not know where to turn or what to do to find the driver or to recover compensation for medical bills and other damages. Following a crash with a hit-and-run driver, it is vital to act fast to protect your health and finances.

Hit-and-Run Accidents Are on the Rise

According to the AAA Foundation for Traffic Safety, the number of hit-and-run crashes in the United States is rising at an alarming pace. In 2016, there were a total of 1,980 fatal hit-and-run accidents, which resulted in 2,049 deaths. Leaving the scene of an accident is a crime in Pennsylvania. If a hit-and-run driver seriously injures or kills someone, it can be charged as a felony.

Steps to Take Following an Accident

If you are involved in a crash with someone who leaves the scene of the accident, call 911 immediately. The sooner you can give police a description of the vehicle, driver, and license plate (if possible), the better. Ask any witnesses for their contact information and write down everything you remember about how the accident occurred. Take photos of the scene, damage to your vehicle, and any injuries. Some injuries do not show symptoms right away, so it is best to get checked-out at the ER or physician’s office.

Taking these steps helps preserve valuable evidence that can lead to finding the negligent driver and provides proof of the accident and your injuries to your insurance company.

How to Recover Compensation When a Driver Cannot Be Found

Even if the hit-and-run driver is not found, your own auto insurance company may provide compensation through your PIP (personal injury protection) and uninsured motorist coverage (UM). Adding adequate amounts of this coverage to your car insurance policy is well worth the cost to protect yourself in the event of an accident. Your medical insurance may also cover all or some of your medical expenses.

When you call your insurance company, it is important to keep in mind that it is not looking-out for your best interests. Whether you are seeking coverage from your own policy or the at-fault driver’s insurance policy, most insurance companies try to pay minimal settlement amounts, and they may deny your claim. This is just one reason why contacting a car accident attorney is a good idea if you have been the victim of a hit and run.

Contact an Auto Accident Attorney

Dealing with insurance adjusters can be frustrating, especially when you are hurt and trying to heal. An auto accident attorney can handle all communications with your insurance company and negotiate aggressively to help you recover the maximum amount of compensation to which you may be entitled. Your accident lawyer will also ensure that all relevant evidence is collected and presented to support your claim.

Traffic camera footage, eyewitness accounts, vehicle and driver descriptions, and license plate numbers can help law enforcement find a hit-and-run driver. If police hit a dead end, your attorney may enlist the help of private investigators to track-down the negligent motorist.

If the hit-and-run driver is found, you may bring a lawsuit against him or her to recover compensation for your medical expenses, past and future loss of income, property damage, pain and suffering, and other damages. If the driver was intoxicated or acting in a reckless manner, you may be entitled to punitive damages as well. The best personal injury lawyers pursue all possible sources of compensation to help you get the care you need and to protect your financial future.

This blog was originally posted on https://www.pa4law.com/what-to-do-if-youre-the-victim-of-a-hit-and-run/

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Steps to Take After a Slip and Fall Accident

 

Property and business owners have a legal obligation to keep their premises safe, which includes outdoor areas such as sidewalks, stairs, and parking lots as well. Being hurt in a slip and fall accident can have serious repercussions. Injured victims often wonder how they will pay their medical bills, make up for lost time off work, and care for their families. If you have been hurt in a slip and fall accident that was due to someone else’s negligence, it is important to take certain steps to protect your rights.

Seek Medical Attention

After any accident, it is critical to receive medical treatment as soon as possible. Even if you believe you are not seriously injured, symptoms of a condition may not appear until days or weeks later. Visiting the emergency room or seeing a doctor soon after your injury can help to ensure you get the care you need, and provide valuable evidence that a good injury lawyer can use to back up your claim down the road. Keep all bills and receipts for any treatment and medications you receive, transportation to and from appointments, and any other accident-related expenses.

Take Photographs or Video

Photos and video of the premises provide concrete evidence of dangerous conditions. Take photos of the area in which you fell and any hazards that may have caused you to slip, trip, or fall. It is also a good idea to take pictures of your injuries. If you are unable to take photos yourself, ask a bystander or someone with you to snap a few pictures.

Jot Down or Dictate Notes

Write down everything you remember about how the incident happened while it is still fresh in your mind. If you do not have a pen and paper handy, use the recorder on your phone to document what happened.

Gather Contact Information from Witnesses

Ask any potential witnesses for their names and phone numbers. Even if a person did not see you fall, he or she may have seen the negligent act or dangerous condition that caused your injury. For example, if you are shopping in a grocery store and slip on water from a cooler that is leaking onto the floor, other customers and workers may have seen the water there before you fell and became injured.

Make an Incident Report

Ask to make an incident report with the manager or owner of the business or property. Provide only factual information on the report. Do not say anything that could be construed as a fault on your part. Make sure to obtain a copy of the report before you leave. If a manager or owner is not available, ask for their name and phone number.

Do Not Give a Statement or Sign Anything from an Insurance Adjuster

It is vital to remember that insurance companies do not have your best interests at heart. They will do almost anything to pay as little as possible or deny claims altogether. If an insurance adjuster contacts you, do not speak to them, sign anything, or accept a settlement before contacting a Pennsylvania personal injury lawyer.

Contact an Accident Attorney

An accident lawyer can evaluate your case and advise you of the most effective course of action to recover compensation. He or she will gather evidence to support your claim and handle all negotiations with the insurance company. Your lawyer will act as your staunch advocate and fight to help you get the maximum compensation you need and deserve. Personal injury attorneys offer free consultations, so you do not have to worry about incurring any up-front costs, even if you do not move forward with your claim.

This blog was originally posted on https://www.pa4law.com/steps-to-take-after-a-slip-and-fall-accident/

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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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