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Common questions about the law.
- Questions about automobile insurance
- Questions about personal injury
- Questions about bankruptcy law
- Questions about workers' compensation
- Questions about Social Secuity Disability or Supplemental Security Income
- Questions about wills and estate planning
- Questions about small business planning
- Questions about employment law
- Questions about real estate
- Questions about domestic law
Automobile Insurance
1. Q: If I am injured due to other driver’s carelessness, what should I do and what can I recoup?
A: First and foremost notify your insurance carrier immediately and request a claim number and then contact Casale & Bonner, P.C.. The Pennsylvania automobile insurance system requires your own insurance company to pay your medical and prescription expenses up to the limit of your policy. This is usually $5,000.00 or $10,000.00. Thereafter, your health insurance, if you are covered, is responsible for all expenses.
As for loss of income, the first five (5) days are the responsibility of the other driver’s insurance. After five (5) days, the coverage, if any, under your own policy begins to cover this loss. Any amount over your own policy limit is the responsibility of the other driver’s insurance coverage.
Medical and lost income are known as first party items of loss or economic losses. Non-economic losses, i.e., pain and suffering claims are determined by the type of coverage you have chosen in your insurance policy.
2. Q: How is my right to claim non-economic damages, i.e., pain and suffering determined?
A: When you purchase insurance for your vehicles you choose between ?full tort? and ?limited tort? coverage. A better description is full right to claim all damages caused to me and a very limited right to so do.
If you have chosen “limited tort”, your right to claim non-economic loss is determined by whether or not you have suffered an injury classified as a serious impairment of a bodily function.
Although this may mean one thing to you, the injured party; unfortunately, the appellate courts of Pennsylvania, have a very limited meaning to this classification. A recent decision held that an injured passenger who suffered permanent nerve damage and constant pain, by choosing “limited tort” had given up all claims for pain and suffering and could not recover any monies from the responsible driver’s insurance company.
3. Q: How could this occur, I thought I could always claim compensation for legitimate injuries caused by an irresponsible driver?
A: The Pennsylvania lawmakers, in order to reign in the ever increasing cost of automobile insurance, passed a law allowing you to give up your rights. Certainly, most people who contact the attorneys at Casale & Bonner, P.C. after an accident are completely unaware that their decision, made when they purchased insurance, meant they gave up important rights. A large majority of potential clients of our firm are therefore, understandably, very dismayed when we have to advise them that they have surrendered important rights and have lost potentially thousands or tens of thousands of dollars in justifiable claims.
There do exist very restrictive exceptions to this situation; i.e. a drunk driver. You should contact Casale & Bonner, P.C. even if you have unwittingly chosen “limited tort” for a full explanation of your rights.
4. Q: If I have reviewed my policy and discovered I have chosen “limited tort” what should I do?
A: We advise all clients, orally and through our quarterly newsletter to immediately contact their insurance agent and change their policy to “full tort” coverage.
This change will result in the liability premium of your policy increasing approximately 20%. This normally will result in an approximate overall premium increase of $80.00.
Statistics show that a vast majority of citizens, near 85%, will be involved in at least one automobile accident in their lifetime. When this happens, Casale & Bonner, P.C. want all of their clients to have the right to be fully compensated for all damages and injuries sustained. All readers of this web site are encouraged to have “full tort” coverage on their automobile policies.
5. Q: Hiring attorneys to represent me is a very costly proposition. If I am injured in an automobile accident and unable to work, how can I afford to hire an attorney?
A: At Casale & Bonner, P.C. we do not charge any hourly fees in automobile claims against irresponsible third-party drivers. All such claims are handled on a contingent fee basis. This means, unless we successfully recover monies for our client, there is no fee due to Casale & Bonner, P.C.
At Casale & Bonner, P.C. we believe it is a public service to meet with injured potential clients and inform them of their rights and responsibilities. Our attorneys will typically aid clients in claiming first-party benefits, i.e., medical expenses and loss wage claims, without charging any fee.
Casale & Bonner, P.C. desires to serve you as a client, in the most professional and economical way possible. If you have been injured in an automobile accident, please contact us immediately for a free consultation. You have the right to be fully informed of your responsibilities and justifiable claims. Casale & Bonner, P.C. wants to provide this service to all potential clients.
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Personal Injury
1. Q: How much do you charge to review a case?
A: An initial consultation to discuss the facts of any potential case is free. In those cases where it appears that the claim is meritorious, Casale & Bonner, P.C. will advance costs necessary to investigate and prosecute the claim. In the event Casale & Bonner, P.C. undertakes formal representation, all costs advanced by Casale & Bonner, P.C. are reimbursed at the time your settlement is disbursed, assuming we are successful in making a recovery on your behalf. Additionally, Casale & Bonner, P.C. will charge a contingency fee, which is paid at the conclusion of your case.
2. Q: What is a Contingency Fee?
A: A Contingency Fee is a legal fee that is dependent upon the successful outcome of your claim. Most attorneys who specialize in personal injury utilize a Contingency Fee Agreement because injured clients often have difficulty paying their bills and cannot afford to pay an attorney for professional services rendered on an hourly basis. Casale & Bonner, P.C. will agree to a certain percentage for an attorney’s fee. If there is no recovery, Casale & Bonner, P.C. receives no fee. By law, Contingent Fee Agreements must be in writing, signed by both the client and the attorney.
3. Q: What is the time limit or Statute of Limitations for me to make a claim for injuries?
A. Different Statutes of Limitation govern different types of cases. In general, under Pennsylvania Law, a personal injury claim must be brought within two (2) years from the date of the accident. However, if the claim is against the Government, notice to the Government must be made in a much shorter time period. As a result, we urge clients to contact us as soon as possible so that we can assure that all rights are protected.
4. Q: Will my case go to Trial?
A: Statistically, the vast majority of claims are settled before reaching Trial. In Pennsylvania, approximately three (3%) percent of all civil claims actually go to Trial. However, it is impossible to predict whether or not a case will settle without Trial. As a result, we prepare all of our cases in the same way, assuming that if a reasonable and fair settlement cannot be reached, we are properly prepared to take the matter to Trial for the client.
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Bankruptcy Law
1. Q: How will the new Bankruptcy law affect me?
A: The new Bankruptcy Law became effective October 17, 2005. One of the purposes of the new law is to compel more people who file for bankruptcy to enter into repayment plans. This will require you to make monthly payments to a Bankruptcy Trustee for distribution to your creditors. As with all new legislation, especially one as complex as the new Bankruptcy Law, it is hard to predict how the Courts will interpret the new law. You can be assured that the members of Casale & Bonner, P.C. will keep their client’s informed of the changes in the law.
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Workers’ Compensation
2. Q: If I am injured at work, what should I do?
A: You should immediately notify your employer of the work related injury. If the employer has a policy for reporting injuries, you should follow it. Otherwise, the notification should describe how the injury occurred, when it occurred, and the injury you suffered. If the employer has a list of approved health care providers, you must be treated with them for the first (90) days. The employers’ workers’ compensation carrier has (21) days to accept or reject the claim. You should contact Casale & Bonner, P.C. for a full explanation of your rights.
3. Q: If I am receiving Workers’ Compensation benefits, can the insurance carrier stop my benefits?
A: If you are receiving wage loss benefits and have not returned to work, the insurance carrier generally cannot stop your benefits without first filing a Petition and after a hearing receiving permission of a workers’ compensation judge. If you have returned to work at the same rate of pay, the carrier may then stop your wage loss benefits upon notice to you. In the event there may be a change in your benefits, you should contact Casale & Bonner, P.C. in order to review your rights.
4. Q: Can I receive both Workers’ Compensation and Social Security Disability?
A: If, as a result of a work injury, you are unable to both return to your time of injury job and are disabled from performing any other type of job, you may receive both workers’ compensation and social security disability. There is an offset (reduction) of the social security disability benefit, as the combination of benefits cannot exceed 80% of your pre-injury wages with workers’ compensation being primary, or approximately two-thirds of the wage loss up to the statutory maximum.
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Social Security Disability (SSD) or Supplemental Security Income (SSI)
1. Q: Should I apply for SSD or SSI or both?
A: In order to qualify for either Social Security Disability or Supplemental Security Income, you must be disabled from all employment as a result of a medical impairment for a period of at least 12 months. The disability requirement for each is the same. The difference is that Supplemental Security Income is need based. Therefore, family income and resources (assets) are used to determine your eligibility. With Social Security Disability, if you meet the disability criteria, you are entitled to benefits provided you have a sufficient work record and are insured for disability benefits. Generally, you have met this requirement if you have worked for 40 quarters. If you are a younger individual, the 40-quarter requirement is lower.
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Wills & Estate Planning
1. Q: Why do I need a Will?
A: First and foremost, you want to assure that the people you want to receive your estate do receive it as opposed to the statutory heirs whoever they may be. Second, it is a much more efficient process to have a Will and a named Executor as compared to an estate without a Will (intestacy). Finally, a properly drawn Will can be more tax efficient than an intestacy, and your assets can be protected by way of a trust for those heirs who may need financial guidance.
2. Q: What about Power of Attorneys, Living Wills and Trust?
A. Casale & Bonner, P.C. provides comprehensive advice in any estate planning consultation which can include drafting of those types of documents. However, this firm prides itself on providing only necessary services, and those documents are not needed in all cases.
3. Q: Do Trusts avoid nursing home costs and/or inheritance taxes?
A: In some cases, and Casale & Bonner, P.C. is well experienced in drafting such documents and providing elder law advice. However, Casale & Bonner, P.C. is also mindful of some pitfalls relating to such documents and is very careful to point out some adverse consequences of trusts, especially for our elderly clients.
4. Q: What about life insurance and annuities?
A: Just as with trusts, Casale & Bonner, P.C. has extensive experience in providing clients with advice involving insurance and annuities, but also is experienced in how these investment products can be abused and cautions clients that there are certain circumstances which make those products an inappropriate planning tool.
5. Q: Isn’t estate planning only for the wealthy?
A: Absolutely not. In fact, in some cases, planning for the middle income client can result in a much higher percentage of tax savings than for the wealthy client, who can afford to shelter much of their estate in methods that are not appropriate for those considered not wealthy. Casale & Bonner, P.C. provides services to a wide cross section of clients at fees that are affordable.
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Small Business Planning
1. Q: Should my business own real estate?
A: There are circumstances in which businesses own real estate, but there are often many alternatives to explore with respect to individual ownership and leasing of real estate for both tax purposes and liability purposes. Casale & Bonner, P.C. can provide advice regarding these alternatives.
2. Q: Is a corporation the only kind of business I can create?
A: There are many forms of business operations including: sole proprietor, partnership, limited liability company and corporation. Each entity provides different benefits. Casale & Bonner, P.C. can help you establish your business in the safest and most cost-efficient method.
3. Q: If I am just running a small business, why do I need to incorporate?
A: Regardless of the size of your business, certain activities can create risks that can result in significant financial problems. In order to protect your personal assets, such as bank accounts and your home, you should consult Casale & Bonner, P.C.for the insight into establishing your small business.
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Employment Law
1. Q: Am I protected from job termination?
A: Pennsylvania is an at-will employment state. This means that an employee is free to quit his/her job at any time. Also, an employer is free to terminate an employee at anytime without cause. Union contracts and written employment contracts can modify the at-will status.
2. Q: If I am terminated what are my unemployment rights?
A: Upon termination you should immediately file for these benefits. There is a one week waiting period. These benefits can be denied if you were terminated for willful misconduct as defined by the Pennsylvania Unemployment Act.
3. Q: Does an employee have certain protected rights?
A: Yes, certain constitutional and statutory rights give protection to employees. Usually, jurisdiction over these matters rests with either or both the Pennsylvania Human Relations Commission or the EEOC. There exist limited time periods in which to bring a claim.
4. Q: Are non-complete and non-disclosure agreements enforceable?
A: Generally the answer is yes. However, certain mandatory requirements must be met, i.e. consideration, reasonable restrictions, written evidence, etc.
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Real Estate
1. Q: If I am considering purchasing residential or commercial real estate, should I consult your office prior to executing the Agreement of Sale?
A: We advise all clients to immediately contact Casale & Bonner, P. C. to review the Agreement of Sale. We will make sure you understand the terms of the Agreement, review the inspections to be ordered and determine any special contingencies in order to finalize your purchase.
2. Q: Why should I choose Casale & Bonner, P. C. for my closing over a settlement agent?
A: Casale & Bonner, P. C. will provide you with a licensed attorney who will advise you of your legal rights and issue title insurance from their reputable title insurance company. Settlement agents can provide title insurance, but cannot provide legal advice or solve legal problems that may arise at the closing table.
3. Q: Is it true that my fees and costs will be more expensive if I use Casale & Bonner, P.C. rather than a settlement agent?
A: No. Title insurance issued by Casale & Bonner, P. C. will be at the same all-inclusive premium as that issued by a settlement agent. Title insurance is based upon a percentage of the amount you are borrowing or a percentage of your purchase price. Casale & Bonner, P. C. would have no additional fees unless issues arise requiring additional legal advice or documentation required by your lender.
4. Q: What about commercial real estate?
A: Attorneys at Casale & Bonner, P.C. have both personal experience as well as professional with respect to all aspects of commercial real estate from planning and development to financing and technical title insurance issues. Be certain to inquire as to your real estate counsel’s commercial experience since it is an area of the law that can be completely different from purchasing your residence.
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Domestic Law - Divorce Questions
1. Q: Am I protected from job termination?
A: Pennsylvania is an at-will employment state. This means that an employee is free to quit his/her job at any time. Also, an employer is free to terminate an employee at anytime without cause. Union contracts and written employment contracts can modify the at-will status.
1. Q: My spouse and I have agreed we should divorce; can we both use the same attorney?
A: Assuming all attempts at reconciliation, counseling, and other efforts to maintain the marital relationship have failed and a divorce is imminent, parties to a divorce action are encouraged to work out a plan that moves toward an agreement on a division of property, support, and custody. Although, the parties may reach an agreement between themselves, they both cannot be represented by the same attorney. An attorney can represent only one party in family law litigation. It is, however, possible for only one party to hire an attorney. That attorney then prepares the agreements that set forth the terms the parties reached. This attorney can only give advise to the party that has retained the attorney’s services. The unrepresented spouse would act at their own peril.
2. Q. Can we just get a legal separation?
A: Pennsylvania technically does not have any such status between parties recognized as a “legal separation”. Separation between divorcing spouses occurs when one spouse conveys to the other their intent that they no longer wish to remain married. The intent not to be married may be conveyed through the actual filing of a divorce complaint, by the spouse vacating the marital residence, or, in some cases, the parties can be separate and apart within the same household. If it is the intent of spouses to live separate and apart under the same household, that intent should be conveyed to the other in writing.
3. Q. What should I do prior to separating?
A: Prior to any physical separation, you should secure and/or copy all important documents contained within the household. Including, but not limited to, deeds, mortgages, bank account statements, 401K, IRA, pension statements, social security benefit statements, business records, tax returns, stock certificates, bonds, etc. An inventory of the personal property in the marital residence should be taken, but most importantly, the parties should consult with a qualified family law attorney prior to separation.
4. Q. I do not want to attend counseling, can the court order me to attend?
A: Yes. Pennsylvania law provides that upon request of either party, the court may require up to three counseling sessions with a qualified counselor. Generally, the requesting party is responsible for payment of the counselor.
5. Q. Why must I wait two years to get divorced?
A: It is not necessary to be separate and apart for two years to obtain a divorce. However, under Pennsylvania law, parties may divorce based upon fault, no-fault, or a two year period of separation. Under a fault based divorce, the party alleging fault must show that they have suffered indignities from the other spouse. A no-fault divorce requires no such finding of fault or grounds for indignities but, rather, the consent of both parties. Each party may consent after the required 90 day “cooling off” period. If, however, either of the two spouses refuses to consent to a no-fault divorce, and, there are no-fault based indignities to obtain a fault divorce, the only other method by which the parties may divorce in Pennsylvania is a two year period of separation. Prior to any divorce filing, you should consult with a qualified family law attorney to determine which counts of divorce are most appropriate.
6. Q. What should I do if I am served with a divorce complaint?
A: You should immediately contact an attorney. If you fail to do so, and you do not respond to the divorce complaint, a decree of divorce may be entered, even without your consent and you may lose certain legal rights to which you are otherwise entitled.
7. Q. Can the other party be forced to pay my attorney’s fees?
A: If you have received a divorce complaint, or have filed one against your spouse, you may see a claim that the opposing spouse pay your attorney’s fees. Courts have the power to order one party to pay the other parties attorney’s fees in divorce cases. However, the actual number of instances in which the court awards attorney’s fees is relatively low. Absent a substantial difference in the parties incomes, and/or assets, the court is unlikely to award a payment of fees to the other spouse.
Other than a disparity of income, a second reason for an award of attorney’s fees could be based upon misconduct or contempt by one party against the other. If one party fails to do something he should do, or does something he shouldn’t do, the other party can seek enforcement and sanctions including an award of attorney’s fees. The count seeking attorney’s fees as part of the divorce complaint is generally raised to preserve the issue if circumstances ultimately warrant such a claim.
8. Q. What is equitable distribution?
A: Equitable distribution is the manner by which parties, who cannot agree upon division of their marital estate, have their property divided. At the time of a hearing, a master/judge, after hearing evidence of marital assets and debts will enter an order dividing the marital estate between the parties. The court considers 17 different factors prior to entering an order of equitable distribution. You should discuss with your attorney, the factors the court considers, and how they relate to your particular circumstances prior to moving forward with either settlement or litigation.
9. Q. What should I do if I am a victim of domestic violence?
A: If you, or someone you know, are a victim of spousal abuse, you should immediately contact your local law enforcement agency. They will be able to advise you how to obtain an emergency protection from abuse (PFA) order. You may also wish to contact a local domestic abuse shelter or crisis hotline.
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Domestic Law - Custody And Support Questions
1. Q. What is the best way to obtain support for myself?
A. In Pennsylvania, if you are an economically dependent spouse, that is to say, if your income is less than your spouse, you may be entitled to receive spousal support. Spousal support is a payment made from an economically independent spouse to a dependent spouse when the parties are separate and apart from each other and the dependent spouse is not at fault. However, if the dependent spouse cannot meet the criteria for spousal support, the dependent spouse may qualify for alimony pendente lite. Alimony pendente lite, otherwise known as APL, can be paid from the economically independent spouse to the dependent spouse once a divorce complaint if filed. This payment is made regardless of fault and is calculated based upon a percentage difference between the parties monthly net incomes. Finally, Pennsylvania provides a third type of support called alimony. Alimony is paid in cases where economic justice cannot be achieved through division of the marital assets at the time of equitable distribution. You should consult a qualified family law attorney regarding your rights to any monthly support payments as a result of dissolution of your marriage.
2. Q. I am currently separating from the father of my child, how will custody be determined?
A: Generally speaking, on a recent separation, the court will approve any agreement that the parties can reach regarding custody. At Casale & Bonner, P.C., we emphasize stability for the sake of the child or children. Both parents, absent any allegations of abuse, should maximize the time that they spend with the children. Accordingly, factors such as work schedules, school schedules, extra curricular activities, and distance of travel are taken into consideration to set a schedule that is best suited to maximize the parents time with the children, while providing consistency.
If, however, as is sometimes the case between divorcing parents, an initial agreement cannot be reached, the court will set a temporary order providing time to each parent pending a custody trial. At the trial, the parties will be permitted to present testimony and evidence as to who is best suited to be the child’s primary custodial parent. The court will make that determination in the best interest of the child.
3. Q. What is a psychological examination?
A: Often, if the parties are unable to reach an agreement between themselves as to the best interest of their child, an independent psychologist is consulted to meet with both parties and any significant individuals in the child’s life, including, step-parents, grandparents, etc. The psychologist, upon completing his evaluation, will make recommendations to the court as to factors the court should consider in determining the placement of the child with either parent. Accordingly, the psychologist provides more detailed information to the court. The court will make the ultimate decision as to which party should be the primary custodial parent.
4. Q. I have primary custody of my child, can I move out of state?
A: A primary custodial parent in Pennsylvania seeking to relocate a significant distance should first seek court approval for the move. A hearing will be held, at which time, the party seeking to relocate has to demonstrate the following:
1. That the proposed move will substantially enhance the quality of life of the child.
2. That the party seeking to relocate has pure motives for the relocation.
3. That suitable substitute visitation can be achieved for the non-custodial parent.
If, you are seeking to relocate a significant distance from the non-custodial parent, you should first consult an attorney prior to your pending move.
5. Q. How do I obtain support for my children?
A: A person seeking child support, must file a complaint for support with the court. Most County Domestic Relation Offices (DRO) has forms for primary custodial parents to complete and file seeking to establish their right to collect support. Absent the filing of a complaint for support, there is no legal obligation upon the other party to pay. Accordingly, unless an agreement otherwise has been reached between the parties for payment, one of the first steps for a primary custodial parent to take after separation is to seek support through their county’s domestic relations office.
6. Q. The mother of my child does not permit me to see the child; do I still owe a duty of support?
A: Yes. The person paying support must comply with a support order even if the custodial parent is not complying with the custody order. The remedy for the non-custodial parent, who is paying the support, is to file either a petition seeking to specifically outline the periods of partial custody to which they are entitled, or, if an order is in existence, to file contempt against the party failing to abide by the custody order. The obligation for support is separate and apart from custody.
7. Q. I know the mother of my children is not spending the support on the children, can I stop paying?
A: No. The Pennsylvania Child Support Guidelines establish the level of support a non-custodial parent owes the custodial parent based upon the party’s incomes and the number of children. It is not required that the custodial parent actually spend the support directly upon the children, nor, can the payor spouse request receipts proving how the support was utilized. The law presumes that the support is used to help provide all things that the child needs, including housing, food, clothing, increased utilities, activities, etc.
8. Q. If I quit my job, do I still owe child support?
A: Yes. The courts do not recognize a voluntary quit as a circumstance that would limit an obligation of child support. To the contrary, if an individual voluntarily quits their job, they will continue to be assessed a child support obligation equal to the amount they would have owed had they not quit their job. The same is true for those who are terminated or otherwise fired from their employment. However, in the instance of an involuntary loss of employment through lay off or other downsizing, the individual’s earnings may be reduced to lessen their child support obligation. If, after a period of time, no new employment is found, the courts can assess an earning capacity to the individual who has an obligation to pay support.
9. Q. What is earning capacity?
A: An earning capacity is a monthly income assessed to an individual even though they do not actually earn the income. For instance, an individual who graduates from college with a degree in education that chooses not to teach, but rather take a minimum wage job could be assessed an earning capacity as a starting teacher. Earning capacities are based upon the individual’s education, training, and experience. Monthly support obligations are then based upon that individual’s capacity to earn rather than their actual wages.
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