Protecting Your Rights After a Work-related Injury in Pennsylvania

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What You Need to Do in the Immediate Aftermath of a Work Injury

Protecting Your Rights After a Work-related InjuryIn Pennsylvania, as in all states, when you have been hurt on the job, you have a right to seek benefits for lost income and medical expenses. You need to be careful, though. If you don’t take the correct steps, you might jeopardize your right to compensation. Here’s a checklist to guide you through the process.

  • Report the injury as soon as possible—Don’t worry about whether your employer believes you, questions the seriousness of the accident, or just thinks you’re a complainer. The longer you wait to report the injury, the greater the risk that some intervening accident will occur and your employer will attribute your injuries to that event. It’s a good idea to report an accident even if you don’t perceive any immediate injury. Sometimes it can take a day or two (or even longer) for an injury to fully manifest.
  • Get medical attention—Most doctors will tell you that the sooner you seek medical care, the more options you’ll have and the greater the likelihood of a full or maximum medical recovery. If the injury is serious, be willing to be transported to a hospital by ambulance. This isn’t the time to be strong in front of co-workers. Defer to the experience and knowledge of medical professionals. When you receive medical care, ask the doctor to document everything in writing. In addition, be sure to tell medical professionals about everything that’s out of the ordinary. Don’t focus on the obvious—like a broken bone—and neglect to mention the pulled muscle in your back or neck.
  • Take pictures of the accident scene, if possible—That includes everything from workplace conditions (oil or substances on the floor, debris, etc.) to your injuries.
  • Document the details—Keep notes of everything, from when you notified your employer to who was present at the time of the accident.
  • Hire an experienced attorney—The sooner you retain legal counsel, the sooner you’ll have someone gathering and preserving evidence to support your claim.

Contact Barnard, Mezzanotte, Pinnie&Seelaus

At Barnard, Mezzanotte, Pinnie&Seelaus, we have protectedthe rights of personal injury victimsinPennsylvaniasince 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Settlement Offers in a Workers’ Compensation Claim

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What Is a Workers’ Compensation Settlement? How Does It Work?

Settlement Offers in a Workers' Compensation ClaimWhen you’ve been injured on the job, you usually have the right to seek workers’ compensation benefits. In most instances, approval of your claim entitles you to regular payments for a period of time, which varies based on the seriousness of your injury and whether the injury is temporary or permanent.

In some instances, though, the workers’ compensation insurance company may offer you what’s known as a “settlement.” In Pennsylvania, workers’ compensation settlements typically are referred to as “compromise and release” agreements. In essence, a settlement requires that you permanently withdraw your workers’ compensation claim in exchange for some type of cash payment. In most instances, the offer is for a lump sum payment, but under certain circumstances the insurer may be willing to set up a “structured” settlement that’s paid out over time.

With a lump-sum payment, the insurance company determines the “present value” of the total amount of payments to which you’d be entitled if you opted for periodic payments instead of a lump sum. In other words, the insurance company assumes a rate of return on the lump sum and reduces the total amount by that rate. The calculation process can be complicated, so if you’re offered a workers’ compensation settlement, it’s important to have an experienced attorney advising you.

It’s important to understand a couple of other things about accepting a workers’ compensation settlement:

  • It typically applies only to the cash compensation to which you are entitled. If you take a lump sum, you won’t be entitled to any further payments. However, you’ll still be entitled to medical coverage through the workers’ compensation claim, unless your employer makes termination of medical benefits a condition of settlement.
  • You won’t have to return any money if you are able to go back to work. With periodic payments, you may lose some of your eligibility if you return to work. With a settlement, that’s typically not the case.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Is There a Duty in Pennsylvania to Remove Snow and Ice from Your Car?

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Can You Be Liable if You Cause an Accident Because Your Vision Is Impaired?

Is There a Duty in Pennsylvania to Remove Snow and Ice from Your CarIt may be dangerous, but it’s a common sight—motorists driving on the streets or highways of Pennsylvania with an accumulation of snow on the hood or windshield, or with small patches scraped in the ice or frost on the windows. What does Pennsylvania law say about the responsibility of a driver who causes an accident because they failed to clear snow or ice from a vehicle?

No Statutory Requirement to Remove Accumulated Snow and Ice

There is currently no written law in the state of Pennsylvania that obligates drivers to remove ice or snow from a motor vehicle before taking on the street. The legislature has seen many such bills introduced, but none have passed. There is, though, a statutory provision that can lead to fines and penalties if a driver has a sufficient accumulation of snow or ice on a vehicle such that it forms a “projectile” and causes death or serious bodily injury to another driver.

However, just because there’s no written law governing the accumulation of snow and ice doesn’t mean a driver can’t be held financially accountable for another person’s loss or injury. Under the legal theory of negligence, all persons in society are required to use reasonable care in their daily pursuits, so as not to create an unreasonable risk of injury to others. It can be argued in a court of law that a reasonable person, upon observing an accumulation of ice or snow that might impair visibility, would clean the snow and ice from places such as the windshield, hood, bumpers, top, and other areas. In determining what areas to clean, the driver should give consideration to loose snow that might blow around while driving, thereby impairing visibility.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of personal injury victims in Pennsylvania since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Happy Thanksgiving 2019

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Happy Thanksgiving 2019

“Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have.” – Catherine Pulsifer

Slips-and-falls in Pennsylvania’s Winter Weather Conditions

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The Duties of Property Owners with Respect to Snow and Ice

Slips-and-falls in Pennsylvania's Winter Weather ConditionsWinter’s just about here, and in Pennsylvania, that means lots of snow and the potential for icy conditions. According to the National Weather Service, many parts of Pennsylvania can get up to two feet of snow every year. When conditions create snow, ice often follows. Snowy and icy sidewalks and steps often contribute to slip-and-fall injuries. What are the duties of property owners in the Quaker state regarding the accumulation of snow and ice?

The Duties of Owners and Property Managers

In Pennsylvania, anyone seeking to recover damages for a slip-and-fall on an icy or snowy sidewalk or other thoroughfare must show that the owner or manager of the property knew or should have known of the potentially dangerous condition. It also must be shown that the property owner/manager failed to take reasonable steps to remove the snow/ice or warn others of the danger.

As a general rule, in Pennsylvania, a property owner has 24 hours after the end of a snowstorm either to provide a warning or remove the snow. Pennsylvania also has a unique legal doctrine, known as the “hills and ridges” doctrine, whereby the duty of property owners only arises when the accumulation of snow or ice causes the formation of “hills” or “ridges.” This rule of law has three requirements:

  • The accumulated snow or ice must be such that it unreasonably obstructs travel.
  • The property owner/manager must have actual or constructive knowledge of the hill or ridge.
  • The hill or ridge must have caused the injured person to slip or fall.

There is, however, an exception to the “hills and ridges” doctrine—it will not exculpate a property owner when dangerous conditions are created by some other type of negligence, such as improper building maintenance.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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What Is Probate?

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Do You Want to Try to Avoid It?

What Is Probate?Frequently, when you hear a discussion of or reference to probate, it’s about how to avoid it. Let’s take a look at what probate is, and then we’ll consider whether you want to avoid it. We’ll also look at some ways to do just that.

What Is Probate?

When you die, one of the necessary tasks to be handled is the transfer of property you own. Who will get the property, and how will it become their property? That’s the primary function of the probate process—to oversee the orderly distribution and transfer of your assets in accordance with your wishes. It’s also referred to as “settling your estate.”

The probate process enlists the power of the probate court to make certain all necessary legal steps are taken after your death to pass on your property according to your wishes. It’s important to understand, though, that the probate court only handles the distribution of assets you own at the time of your death. The probate process does not apply to property you give to someone else before you die. It also does not cover property you own jointly with another person at the time of your death—that property automatically transfers to the other living joint owners. Probate also doesn’t involve property that has been placed in trust.

An estate may go through the probate process, whether or not there is a valid and enforceable will. If there’s a will, you are considered to have died “testate,” and the probate court will ensure that the executor distributes your property in accordance with the provisions of your will. If you die without a will, you are considered to have died “intestate.” When that happens, the court will apply state laws of intestacy to determine how property is allocated.

Do You Want to Avoid Probate?

There are generally two reasons a person wishes to avoid probate—the length of time the process takes and the potential cost. Depending on the complexity of the estate, the probate process can take months or even years to resolve. In addition, the attorney handling the estate in probate court often takes a percentage of the value of the estate as a fee. Property that passes outside of probate can pass virtually immediately and with no loss of value.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including those with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

The Duties of an Executor in Pennsylvania

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Taking a Will through the Probate Process

The Duties of an Executor in PennsylvaniaIn Pennsylvania, as in all states, when you use a will to create an estate plan, the will names a person to act as executor (sometimes referred to as “administrator” or “personal representative.” In essence, the executor is tasked with making certain your will makes its way through the probate court, so that your estate is settled. That duty involves a number of responsibilities

The Executor Must Be Granted Legal Authority

Simply naming a person as your executor in your will is generally not sufficient to give them the legal authority to handle your estate. The executor must first submit the will to the Register of Wills, which must be done in the county where the deceased lived. Once the will has been properly filed, the Register of Wills will issue what are known as “letters testamentary,” giving the executor the power to act as representative of the estate.

The Executor Must Compile an Inventory or Accounting of All Assets of the Estate

After appointment, the executor has nine months to file an inventory of estate assets with the Register of Wills. The inventory includes all real, personal and financial assets. If there is property of uncertain value, the executor must have it appraised or find experts who can determine its value.

The Executor Must Notify All Potential Beneficiaries

Anyone specifically named in a will, or who potentially meets the qualifications to receive a bequest under the will (for example, a child of the deceased if the will leaves certain property “to my children, to be divided equally”). Typically, specific bequests are made first, based on the available assets in the estate. Bequests of a percentage or share of an estate are typically calculated after debts have been paid and specific bequests have been made.

The Executor Must Pay All Final Debts and File All Tax Returns

The estate assets will typically be used to pay final medical bills, funeral expenses, estate administration fees and reasonable debts. A state inheritance and a federal estate tax return must also be filed.

The Executor Must Distribute Assets According to the Terms of the Will

As the final step in the probate process, the executor will prepare an accounting of remaining estate assets, as well as a schedule for the distribution of the remaining estate property. Those documents are filed with the Register of Wills. Once the beneficiaries agree with the planned distribution, the assets will be conveyed as set forth. If there’s any disagreement, an audit of the estate will typically be ordered.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Protecting Yourself When Purchasing a Home in Pennsylvania

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Taking the Right Steps to Safeguard Your Investment

Protecting Yourself When Purchasing a Home in PennsylvaniaFor most individuals, the purchase of a home is the single largest transaction of their lives. Regardless of the size of the home, it’s a substantial investment and you want to take the right steps to ensure that there are no surprises.

Step #1: Hire an experienced attorney—With any real estate purchase, there will be many documents, often in complex legal language—buy-sell agreements, disclosures, mortgage, note, title commitments, easements and restrictive covenants. Your interests will be best served by having those documents carefully reviewed by a qualified lawyer, who can identify and remedy any irregularities or errors.

Step #2: Make certain the seller complies with all disclosure requirements—In Pennsylvania, a seller must inform you about the condition of the property, disclosing any “material defects,” and notifying you of :

  • The condition of all contents, such as appliances, that will be included in the sale
  • Any deed restrictions or homeowner’s association rules or fees
  • Any problems with plumbing, electrical, heating and cooling or other property systems
  • Whether the house has required smoke detectors and whether they work

Step #3: Get the house inspected—Don’t rely on the representations of the seller. Have a professional inspector examine the house, looking for:

  • Evidence of mold
  • Pest infestation, such as termites
  • Structural integrity of walls, floors, roof and foundation
  • Problems with furnace or air conditioner, plumbing, drainage and electrical systems
  • Concerns about soil settlement or erosion

Step #4: Make certain you have a purchase agreement that you understand—It’s a good idea to walk through the buy-sell agreement with your attorney, so that you know it sets forth the terms as you want them to be. Don’t be afraid to ask questions or have your lawyer explain things that are unclear.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology