COVID-19 And Other Vaccinations: What Happens When the Parents Disagree?

 

Most parents want what is best for their children, especially when it comes to medical decisions. In recent years, vaccinations have become a controversial subject. So what happens when parents have disagreements about vaccinations? A good child custody lawyer can help you understand your rights and responsibilities as a parent and provide the legal counsel you need to protect your child’s health and interests.

Pennsylvania Rules about Child Vaccinations

Pennsylvania public health rules require children who attend school to be vaccinated against polio, tetanus, diphtheria, whooping cough, measles, mumps, rubella, hepatitis B, and chickenpox. In addition, the meningococcal conjugate vaccine is required for middle-school and high-school-aged children. However, exceptions are allowed for religious, medical, or philosophical reasons. A COVID-19 vaccine is not available for children yet, so it is unclear whether it will be required by the Commonwealth.

How Are Vaccination Disagreements Resolved?

Ideally, coming to an agreement about vaccinating your children would happen outside of a courtroom and be included in a parenting plan. However, if separated or divorced parents cannot resolve the issue on their own, the court will have to become involved. Generally, courts make their decisions based on the child’s best interests. One factor that can affect the amount of say you have in whether your child is immunized depends on the type of custody you have.

When parents have joint legal custody of their children, each parent has an equal voice when making decisions that affect their child’s health, education, religious upbringing, and other important decisions. Typically, if you have sole legal custody, whether you have your child immunized is up to you. However, if one co-parent strongly disagrees with the other about vaccinations, he/she can file a petition with the court. Regardless of which side of the issue you are on, it is critical to have your divorce lawyer advise you on the best way to proceed to safeguard your child’s rights.

Options for Settling Vaccination Disagreements

Judges prefer not to make these kinds of decisions, but in some cases, it is the only way to resolve a dispute. A judge will take different factors into consideration, and may ask for input from a child’s pediatrician. If one parent has sole legal custody of a child, the judge will definitely look at how that decision came to be and why the other parent is barred from making these types of important decisions.

Although compromise may seem impossible, mediation is another way to find common ground before filing a petition with the court. The best custody and child support lawyers are skilled negotiators who may be able to persuade parents to see things in a different light. For example, if you want your child to have all childhood vaccinations, but your co-parent does not, a good compromise could be to agree to a vaccination schedule that is spread-out over a longer period of time instead of vaccinations being given according to a traditional administration schedule.

Another option you may choose to settle a dispute is to go to binding arbitration. In this type of proceeding, a qualified professional such as a family law attorney hears each party’s evidence and arguments and then reaches a final decision by whicht both parties must abide. Unlike a mediator, an arbitrator does not facilitate negotiations. Both parents are responsible for paying the costs of binding arbitration.

If you are concerned about vaccinations or other medical treatment for your child, an experienced Pennsylvania family lawyer can help you fight aggressively to protect his/her rights. Contact here.

This blog was originally posted on https://www.pa4law.com/covid-19-and-other-vaccinations-what-happens-when-the-parents-disagree/

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Who Pays for Damages and Injuries After a Rental Car Accident?

Sorting out who will pay for your medical care and property damage after a car accident can be difficult, but when a crash occurs in a rental car it may be even more challenging. Most rental car companies offer supplemental insurance, but you may be able to recover compensation from your own auto insurer as well. Each situation is unique, and there is no way to know exactly how it will all shake out. A car wreck attorney can evaluate your case and determine who may be responsible for your medical bills, loss of income, pain and suffering, and other damages. 

Types of Rental Car Insurance Coverage

There are multiple ways to ensure you have enough coverage on a rental car, including:

Personal car insurance—Typically, your own auto insurance company will cover property damage and any injuries you or your passengers sustain in a rental car accident. However, you should read your policy or contact your insurance company before assuming that you are covered when renting a car.  

Pennsylvania drivers are required to have minimum Personal Injury Protection (PIP) coverage of $5,000 for medical benefits, $15,000 for bodily injury liability per person, and $5,000 for property damage. Most accident lawyers recommend that you purchase more PIP coverage, as the minimum amounts may barely be enough to cover a portion of your medical bills and other damages. 

Credit card coverage—Many financial institutions offer protection if you use their credit card when renting a car. If any of your cards offer this coverage, make sure to use one of them.

Rental car company— Doing your research before you book a rental car can help you save a lot of money. Most rental car companies push consumers to add on insurance at the time of the rental. Reviewing your own policy and the benefits you may have through the credit card you use to rent the car may provide plenty of coverage. 

When Someone Else is Responsible for an Accident

How liability is assigned in a car accident depends on the specific circumstances. If an accident in a rental car was caused by another motorist’s negligence, you will most likely need to file a claim with their auto insurance company. Depending on their levels of coverage or whether your claim is denied, you may end up using your own PIP policy as well. Consulting a Pennsylvania personal injury attorney who is well-versed in handling accident claims that involve multiple insurance companies is the best way to make sure all possible avenues of compensation are pursued to your benefit. A lawyer can investigate your case, determine who is at fault, and help you seek maximum compensation to protect your health and financial future. 

If you need assistance figuring-out who may be liable for damages after a rental car accident, contact a local injury attorney today.

This blog was originally posted on https://www.pa4law.com/who-pays-for-damages-and-injuries-after-a-rental-car-accident/

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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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