Spouse Emptied Your Bank Account? Know Your Rights

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.

This blog was originally posted on https://pa4law.com/spouse-emptied-your-bank-account-know-your-rights/

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Thinking About Divorce? This Divorce Preparation Checklist Can Help

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. 

This blog was originally posted on https://pa4law.com/thinking-about-divorce-this-divorce-preparation-checklist-can-help/

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Types of Injuries Sustained in Car Accidents

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.

This blog was originally posted on https://pa4law.com/types-of-injuries-sustained-in-car-accidents/

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Standard of Care in Medicine: What It is and Why it Matters in Medical Malpractice Claims

Patients often have an expectation that their physician is looking out for their best interests and will provide the best care they possibly can. Sometimes, however, health care providers and hospitals make mistakes or fail to provide proper care, which can lead to serious injury, illness, and even death. Top medical malpractice attorneys help clients understand the standard of care in medicine and how it applies in different types of claims. 

What Is The Standard Of Care? 

Standard of care is defined as the level and type of care a sensible health care provider with similar education, experience, and training would provide under comparable circumstances, typically in the same community. Simply put, standards of medical care are common ‘best practices’ and protocols widely accepted by health care professionals in the same field and in the same geographic region.

In some cases, if a practitioner followed a different course of treatment than other professionals in the same purview, there is a rule called the Respectable Minority Rule, which may show that the difficult course of treatment is recognized by a respectable minority of physicians. However, before starting treatment with such a different course of treatment, a patient should be informed that the treatment recommended to them is not widely accepted by the majority of professionals in the same area of medicine. 

Why Is Standard Of Care In Medicine Important In Malpractice Cases?

The standard of care is a significant piece of the puzzle when proving whether a health care provider may be liable for a patient’s injuries. The main elements that must be demonstrated in most medical malpractice cases include:  

• The established standard of medical care that the provider owed to the injured party under the circumstances

• The health care provider is breach of that standard of care

• Injury or harm to the patient

• A causal connection between the health care provider’s negligence and the patient’s injury

The Right Expert Witness Testimony Is Essential

The standard of care in a specific case usually rests on the expert testimony of professionals in the field of medicine in which the physician in question is currently practicing. Determining the standard of care is often challenging. It may take multiple expert witnesses to show whether or not a patient was harmed by the action or inaction of a medical provider. 

First, an expert witness must establish what the standard of care is for a particular medical field. Then, the expert must testify as to how the patient’s course of treatment failed to meet that standard. Finally, the testimony should establish how the patient was harmed by treatment that did not meet the standard of care. 

This is why it is critical to hire the best personal injury lawyer who has a track record of success in winning complex medical malpractice cases.  Attorneys with a wide range of experience in this area of the law often have working relationships with widely-respected medical professionals who lend credibility to medical malpractice claims. After all, just as one would not ask their family doctor to perform brain surgery, too they should not hire a car wreck attorney to handle a medical malpractice case.

Establishing standard of medical care is just one facet of a possible medical malpractice claim. For a complimentary case evaluation, contact our medical malpractice lawyers in Chester County, PA.

This blog was originally posted on https://www.pa4law.com/standard-of-care-in-medicine-what-it-is-and-why-it-matters-in-medical-malpractice-claims/

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How Medication Errors can have Serious Consequences

Medications are amazing tools that can enhance one’s physical and mental health, ease pain, and even save lives. Patients rely on physicians, nurses, hospitals, pharmacies and other health care professionals to dispense medication in a safe manner. Unfortunately, medication errors occur more often than they should, and can result in serious injury or death. The best medical malpractice attorneys understand that the consequences of medication errors can be life-changing. Filing a medical malpractice claim can help injured patients and their families hold the negligent parties accountable. 

Common Types of Medication Errors

From the initial prescription written by a health care professional to the pharmacy that fills it, medication errors can happen at any level. These errors also occur in hospitals, where nurses are typically responsible for administering medications.  

Common medication errors include:

• Prescribing the wrong medication

• Prescribing an incorrect dosage

• Failing to ask about a patient’s medical history and current medications before prescribing a medication

• Prescribing medications with dangerous interactions

• Prescribing medication to a patient who is allergic to it

• Administering medicine to the wrong patient in a hospital

• Administering an incorrect dose of medication

• Forgetting to administer a dose of a critical medication

• Failing to inform a patient of the risks of a medication

• Prescribing a drug for off-label use (to treat a condition for which the drug is not approved by the FDA) 

• Dispensing errors in pharmacies

Repercussions of Medication Errors

Depending on the circumstances, these mistakes can do great harm to patients and their families.  Medication errors can also destroy a medical provider’s and facility’s reputation, lead to medical malpractice claims, and result in criminal charges in some cases. 

A range of complications for patients can result from medication errors, including permanent injury or death. For example, if a nurse forgets to administer blood pressure medication to a patient in the hospital and they have a stroke, they can suffer permanent disabilities such as paralysis, memory loss, speech and language problems, weakness, or death. 

An avoidable error such as prescribing an incorrect dose of an antibiotic can cause someone with an infection to develop a life-threatening condition like sepsis. Most medication errors are avoidable, which makes it even more frustrating if one is injured or coping with the injury or wrongful death of a loved one due to a health care professional’s mistake. 

Recovering Compensation for Medication Errors

If you have been harmed by a medication error, you have the right to seek compensation for your injuries. There are countless scenarios in which medication errors may occur, and the best personal injury lawyers have seen it all. It can be challenging to know whether you have a medical malpractice claim, so it is vital to speak with an attorney. Not only can a lawyer help you recover the compensation you deserve, but by holding health care providers and facilities accountable for their actions youmay save someone else’s life in the future.  

When you trust a doctor or hospital to provide the care you need, being injured or losing a loved one because of a medication error can be devastating. Our medical malpractice lawyers in Chester County, PA can provide a free case evaluation and advise you of your options.

This blog was originally posted on https://www.pa4law.com/how-medication-errors-can-have-serious-consequences/

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How Do Pre-existing Conditions Affect Personal Injury Claims?

Many people suffer from illnesses and injuries throughout their lifetimes, and pre-existing conditions can play a major role in some personal injury cases. Typically, an injured victim cannot recover compensation for underlying conditions that were not caused by an accident, but they are entitled to compensation if those pre-existing conditions were made worse by the accident. The best accident attorneys always advise clients to disclose any pre-existing conditions to ensure they have all the information they need to build a solid personal injury case. 

Why Your Attorney Needs To Know About Pre-Existing Conditions

Informing your attorney of any pre-existing physical injuries or mental health conditions such as anxiety, PTSD, or depression is critical to establishing whether or not an accident caused the conditions to worsen. When you file a personal injury claim, insurance companies will scrutinize your medical history for the purpose of blaming your current injuries on a pre-existing injury or medical issue, regardless of how minor the pre-existing condition may be. A good injury lawyer will establish the degree to which an accident aggravated a pre-existing problem and/or caused new and distinct injuries. This is a critical element when determining the amount of compensation you may be able to pursue in a personal injury claim. 

Failing to Disclose a Pre-Existing Condition Can Jeopardize Your Claim

When discussing your medical history with your lawyer, it is essential not to hold anything back. For example, you may consider a childhood injury like a broken wrist irrelevant. It may not be – leave it up to your attorney to determine how it could affect your claim. 

Detailed medical records documenting your pre-existing health issues are critical to establishing their severity and how they affected your life before, and how the injuries you sustained recently have made these pre-existing issues worse.. Seeking medical care as soon as possible after an accident can actually help prove how recent injuries may have worsened an old injury or condition. 

Forgetting or deliberately failing to disclose a pre-existing condition could hurt your credibility, affect your chances of recovering compensation, and may even result in an insurer taking legal action against you if an omission is discovered later.  

A Pre-Existing Condition Won’t Always Prevent You from Recovering Compensation

Some victims who are already living with an injury may be hesitant to file an accident claim because they think their pre-existing condition will prevent them from recovering any compensation. This is simply untrue – again, leave it up to an experienced attorney to determine whether or not a claim is worth pursuing. Even if your pre-existing condition means you may not recover as much compensation as you would have without it, if someone else was responsible for causing new injuries or worsening old injuries, you deserve to be compensated for your damages. 

Scheduling a case evaluation with a personal injury lawyer can’t hurt – your initial consultation is free. Top car accident lawyers will thoroughly assess your case, review your complete medical history, and advise you of all the options that may be available to you.

Personal injury claims are complex, and pre-existing conditions can make it even more difficult to recover the full and fair compensation you need. Contact a personal injury attorney today to learn more. 

This blog was originally posted on https://www.pa4law.com/how-do-pre-existing-conditions-affect-personal-injury-claims/

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3 Elements of Product Liability Claims

Whether it’s their vehicle or headache medicine, most consumers typically assume that the products they use are safe. Unfortunately, this is not always the case. When someone suffers an injury caused by a product, they may have recourse for recovering compensation for any damages caused. If you or a loved one has been hurt by a product you’ve used, talking with a good injury lawyer is critical to understanding your options. 

Factors Considered in Product Liability Claims

Negligence is a major element in any personal injury claim. However, there are three specific factors that are usually considered in product liability claims, including:

• Manufacturing defects

• Design defects

• Failure to warn

Manufacturing Defects

When a product is improperly manufactured and causes harm, manufacturers may be held liable. Sadly, manufacturers sometimes put cost and speed of production above safety. Incorrect assembly, faulty installation of wiring and circuitry, and use of wrong materials to construct a product are just a few examples of manufacturing defects. Top car accident lawyers have litigated many cases involving manufacturing defects such as brake failure, unintended acceleration, and improperly deployed airbags. 

Design Defects

Design defects typically happen during the development of a product. Design defects can involve a product causing harm when being used correctly, or when harmful materials are utilized to make a product. Examples include designing top-heavy SUVs that increase the risk of rollover when making sharp turns at high speeds, or creating children’s toys that pose a choking hazard. 

Failure to Warn

Products that have the potential to be dangerous must have adequate warnings to help consumers use them properly and avoid being injured. For instance, a tool such as a chainsaw should have instructions for proper use and warnings about any potential hazards. Even if hazards are evident, consumers should be informed that failure to use a product as it is intended could lead to serious harm.  If there is no warning included and someone gets hurt, the manufacturer may be liable. 

Proving Product Liability Claims

For a viable product liability claim, it is not enough to simply demonstrate that a product is defective. Your attorney must prove that you were injured due to the defect while using the product as intended. If you were using it in an inappropriate way when injured, you may not be entitled to compensation. You also must demonstrate that you suffered losses due to your injuries, such as medical bills, wage loss, pain and suffering, and other damages. 

Sufficient Evidence is Key

Product liability claims can be extremely complex, especially when they involve products such as pharmaceuticals or dangerous chemicals. To prove product liability, the best accident lawyers utilize evidence such as:

• The actual defective product

• Product design plans

• Evidence of designer or manufacturer knowledge of the defect, which may include notes, designs, emails, and other internal or external correspondence

• Medical records

• Medical bills 

• Proof of income, such as pay stubs and W-2s

• Photos of  the defects and consequent injuries

• Accident reports

• Witness testimony

• Expert witness testimony

• Labels, instructions, and warnings

• Marketing materials 

Your lawyer also will collect any other relevant evidence and put it all together to demonstrate that you were harmed by a defective product, and that you suffered injuries and loses. 

Contact a personal injury attorney to learn more about product liability claims.

This blog was originally posted on https://www.pa4law.com/3-elements-of-product-liability-claims/

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