Showcase - Times Leader · S4 4 Saturday, September 16, 2017 Attorneys’ Showcase Times Leader It...

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Times Leader

Saturday, September 16, 2017

attorneys’ Showcase

A Focus on Personal Injury & Elder Law

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Attorneys’ Showcase Times Leader2 Saturday, September 16, 2017

Not all falls will qualify for a personal injury case. Only incidents which occur due to a property owner’s negligence will stand a chance for a settlement. The rules for what constitutes a legitimate slip and fall can sometimes be tricky, but it’s im-portant to educate yourself in case it ever happens to you.

What is a Slip and Fall Injury?

Public floors can easily become hazard-ous due to the amount of foot traffic they

Slip and Fall CasesS lipping and falling is one of the most common types of personal injury cases. The integrity of a

floor can be compromised by numerous things. If you happen to fall on someone else’s property and injure yourself, you may be entitled to a settlement to cover medical expenses.

experience. High amounts of traffic can cause a floor to become damaged to the point where the floor creates obstructions that are easily tripped over. The laws regarding legitimate slip and fall cases focus on the property owner’s reasonable efforts to clean and repair the floor. This means if an owner makes strides to repair every hazardous part of his property before there is an issue, he will be less likely to be found liable. This can be tricky as it is hard to judge how long the imperfections were there

before your incident occurred. Hire a local personal injury lawyer to find out how the property owner scored on previous safety examinations.

Things to ConsiderWhen trying to decide if a property owner has any liability over an injury you sus-tained due to a fall, consider a few factors:• Did your fall occur due to the poor con-dition of a property’s floor? Did you trip over a broken piece of ground or a bulge in the carpet?• Did your fall occur due to an item be-ing placed inconveniently in a walkway? Could this item have been stored in a safer place?• Were there warning signs near the ob-ject or obstruction that caused your fall?• Did poor lighting contribute to your incident?Answering yes to any of these questions means you should seek consultation shortly after receiving medical treatment for your injuries.Reach out to an experienced personal injury lawyer to discuss the next steps go-ing forward. A lawyer will be able to tell you the strength of your case in relation to the often-complicated slip and fall laws in your area.

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Saturday, September 16, 2017 3Times Leader Attorneys’ Showcase

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It is important to know how pain and suffer-ing affects the amount of a personal-injury settlement. Juries will sometimes use a mul-tiplier to determine how much of a settle-ment covers pain and suffering on top of the initial claim. This multiplier may reach as high as four times the amount of a claim, to cover special damages.

What is Considered Pain and Suffering?Pain and suffering is made up of two parts: physical pain and mental pain. Both types of suffering are important to consider when filing a lawsuit. Your physical pain does not stop with the pain you suffered during the original inci-dent. Your lawyer will instruct you to look to the future and consider the amount of pain you may still experience. If you suffered an injury that will cause you pain for many years to come, it is fair that you be compen-sated justly. Mental pain also can go hand in hand with physical ailments. An extremely stressful event can cause major strife to your emo-tional wellbeing. Some common side effects are:• Emotional distress;• Fear or anger;• Anxiety; and• Sleep deprivation.Be sure to inform your lawyer about any of physical or emotional disturbances you are experiencing.

Pain and SufferingYou are probably familiar with the term “pain and suffering.” However, you may not know exactly

what it means for you and a potential settlement. Pain and suffering is commonly a large factor in personal injury cases.

Long-Term EffectsPain and suffering from emotional or physi-cal pain can cause complications that may affect you for the rest of your life. Serious injuries may make it hard for you to con-tinue employment. Make sure you are being compensated for lost time at your job and future wages that you may be unable to earn.Significant mental pain may even lead you to a case of post-traumatic stress disorder. PTSD is a serious mental health problem that can develop after witnessing or experi-encing a life-threatening event.

Judgment FactorsMany factors are considered by a jury when deciding how much your pain and suffering is worth. Show the jury that you are honest and credible by sticking to the facts of the incident. It also is important to be “likable” to the jury. This can be achieved by answering questions without hesitation and being firm. Let your local attorney walk you through other tips for establishing credibility and trust with the jury.

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Word of mouth is a great way to learn about professional lawyers who keep your best interest in mind. Ask friends and colleagues about past experiences that required repre-sentation. A first-hand account of how your peers’ needs were met can comfort you before you begin the process of recovering a settle-ment.

ConsultationA credible personal injury lawyer typically offers a free consultation for new clients. Taking advantage of this will give you a good

Choosing a LawyerDon’t face a serious injury or combative debtor alone. An experienced personal injury lawyer will

give you an advantage in recovering the settlement you deserve. Deciding on the lawyer to aid you in this sometimes-time-consuming process is easy if you know what to look for.

chance to visit with several different lawyers before you commit to one to represent you. During this consultation, give a detailed ac-count of the incident and explain any contact you have had with the defendant’s insurance company. Your lawyer should be able to give you a good idea of your settlement’s worth and how your case should be handled going forward.

Questions to Ask Before your consultation, prepare a list of questions for your representative. You should

also have a list of expectations you require from his answers. Some of the very important questions you should ask include: • What is their level of expertise in personal injury? • Do they typically work for the plaintiff or defendant in personal-injury cases?• What is their track record for winning cases in personal injury?• Will they be taking on most of the case work, or will another member of their firm?It is important to find out the answers to these questions before committing. Some-times lawyers who typically represent defen-dants in personal injury cases may be known by insurance company representatives. It is in your best interest to find representation that is familiar with defending a plaintiff’s side of a lawsuit.

TrustTrusting the lawyer who you choose to represent you is crucial in a personal injury case. Gaining this trust begins with the initial consultation and should last throughout all phases of your case. During consultation, take note of how much attention the lawyer is giving your situation. Be sure they are treating you with compas-sion and not as just another case. A settlement sometimes requires constant communication with your lawyer, so be sure he can make time for you.

Contact John B. Pike400 Third Avenue Suite 205Kingston, PA 18704

Phone: 570-288-7780Fax: 570-714-2398Email: [email protected]

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Attorney John B. Pike

Criminal DefenseDefending client’s rights for more than 25 yearsIf you have been charged with a crime in Pennsylvania, you need an experienced criminal defense attorney on your side. For more than 25 years, attorney John B. Pike has been fighting to defend the rights of accused clients. He has built his reputation on getting results. Intimately familiar with all facets of the Pennsylvania criminal justice system, John Pike has the knowledge and skill to make sure you understand your legal options and to guide you through the legal process.John B. Pike, Attorney at Law in Kingston has represented clients in state and federal courts on charges ranging from minor offenses to serious felonies, including:Traffic violationsAssault and batteryDWI/DUI/OWIPossession of drugsTheft and larcenyBurglaryRobberyArsonRapeHomicide — murder/manslaughterDomestic violenceWhite collar crime

When you have charges on your record that you want eliminated, John Pike can help you get those charges sealed or expunged or represent you in appellate court.No matter what obstacle has been placed in your way, Attorney John B. Pike goes the extra mile to ensure that you get the justice you deserve. He has taken an oath to provide exemplary service, an oath that he is dedicated to honoring. Through meticulous preparation and firm attention to detail, his efforts are always focused on achieving that goal. He personally speaks with witnesses, combs through police records and thoroughly examines the alleged crime scene, if necessary. He also brings in experts who challenge the prosecution and help prepare trial strategy. Nothing is more important than your freedom. If you need a defense attorney who is dedicated to your case, contact John B. Pike, Attorney at Law today.

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We are a full servicelaW firm that isnon-conventional;no “stuffed shirt” legal types to be found here. providing honest andreal representationin all matters.

thomas J.KillinoAttorney At LAw

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As a former prosecutor and Child Custody Master, Tom can assist you with your various legal needs, whether in family law, personal injury, Social Security Disability, estate planning, criminal law, or business law. Contact us today to see how we can best represent you.

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The first step in any personal injury case is receiving medical treatment for the injuries sustained. This treatment is not only crucial to your overall wellbeing, but it provides documentation to prove that an incident occurred. Without documentation, it may be more difficult to obtain a settlement.

AttorneyHiring legal representation is the next step of the process. A lawyer can be helpful in small-claims court but is extremely important if you sustained a serious injury. You should expect a thorough interview by your lawyer. Some things you will be required to provide are a detailed account of the incident, your background, previous medical conditions and the medical treatment you required after the accident.Your lawyer will then gather the medical records and bills to determine if there is a case to be made. Gathering these important documents can sometimes take months, so be

Lawsuit Time LineA personal injury lawsuit

requires several different stages before a settlement can be made. Although each case differs and can require more or fewer steps, there is a time line you can expect. Knowing what to expect can take some of the stress of a lawsuit off your shoulders.

patient. If your lawyer doesn’t think there is enough grounds for a lawsuit, he will usu-ally be able to tell before he begins gathering documents.

Demands and NegotiationsSometimes your case can be settled even before a lawsuit is actually filed. Once your lawyer has all your medical records, he can make a demand to the other party’s attorney or insurance company. A good lawyer will not make an offer until you are at MMI, or maximum medical improve-ment. MMI means you have completed any medical treatment pertaining to your injuries and you have made a full recovery. This is another part of your case that may take some

time, depending on the seriousness of your injury.

Discovery Process and Settlement

The discovery process is when each party’s attorneys review all claims and decide which options they have for settlement. You can ex-pect this to take some time as witness claims are scrutinized during this process. After discovery, the lawyers begin discussing a settlement. If they can’t settle the case, you will be required to be present at a mediation. Typically, a settlement is decided at media-tion, but complex cases may require a court trial.

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The American Bar Association states that tort laws are designed to protect you from injuries because of someone else’s act or failure to act. These laws defend you from negligence of harmful incidents that can be out of your control.

Who is to Blame?Negligence is the main claim in a plaintiff’s personal injury case. How-ever, establishing who is responsible for the negligence can sometimes be a difficult process. An experienced personal injury lawyer can determine who is to blame and how to go about acquiring a suitable settlement for your injuries.Sometimes the person who is to blame may lack the funds to pay a large settlement. Some of these instances may include a car accident with a delivery driver or a grocery store clerk who created an unsafe area in the store. Your lawyer will be able to bring the claim up the chain, which will ultimately pay the settlement.

Tort Action Tort action is a term used to define personal injury laws. “Tort” comes from a Latin word that means

twist, wrong or harm. A tort claim is used to settle disputes involving a plaintiff seeking a settlement from an injury caused by a defendant’s negligence. These are different cases than criminal law, which require government prosecution.

Intentional TortsWhile negligence plays a large role in most personal injury cases, some-times the injuries are inflicted intentionally by another party. These intentional torts can include:• Assault and battery;• Infliction of emotional distress;• Theft or trespassing; and• False imprisonment.If you have experienced any of these situations, it is in your best interest to hire a lawyer to handle your case. Even if the individual is unable to pay for your physical and emotional distress, a lawyer can see that their wages are garnished or that you are entitled to their property.

Defective ProductsOne common tort comes from defective products, meaning injures that were caused when using a product based on its intended use. A qualified lawyer will make the claim that the manufacturer negligently designed and sold an unsafe product. Defective product torts typically become large class action lawsuits and can help others avoid the same injury.

THE LAW OFFICES OF MATTHEW kELL

a s s o c i a t e s

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C o n t a c t U sPark Office Building

400 Third Avenue Suite 205 • kingston, PA 18704Office: 570-714-1205 • Fax: 570-714-2398

YOUR PERSONAL ADVISOR, ADVOCATE AND ALLYWhen things go wrong, sometimes the first step is finding a lawyer who will take the time to listen to your story. Why hire a huge law firm that pushes

hundreds of cases through each month? Why get stuck dealing with secretaries and paralegals at what, arguably, could be the most critical time in your life. If you ever needed direct access to legal expertise, that time is probably now. Attorney Matthew Kelly is here to help you.

At The Law Offices of Matthew Kelly Associates, we are committed to your legal success and overall well-being. As a former public defender and probation officer, our family law attorney is well-rounded and possesses a wealth of experience.

WHAT IS FAMILY LAW?Any legal matter between individuals who are connected domestically falls under the umbrella of family law. This could include people who are related

by blood, by marriage, or by more casual relationships. Because of the emotional and sensitive nature of many of these relationships, legal counsel is strongly advised. Lawyers can help to provide a sense of comfort and balance, and of course, strong legal representation.

CASES WE HANDLEWe handle cases in a variety of areas including prenuptial agreements, abuse protection, adoption, paternity, child support, child custody, visitation, divorces,

separations, and alimony. In these cases, there are certain legal requirements you must meet in order to see a successful outcome. Some of them include complex legalities that are nearly impossible for the average person to figure out on their own.

For instance, in child custody and visitation cases, all parameters between parties should be declared in legal, written agreements. Without the proper counsel, you could unknowingly waive your rights or fail to properly validate certain agreements. Adoption cases can also be somewhat complex, as each party involved has their own set of specific rights and responsibilities. This includes the adoptive parents, birth parents, and the child.

There are instances, such as filing a protection from abuse order, where you are not required to have a lawyer. However, it is highly recommended that you do seek representation. Allowing an attorney to handle the important legalities during an abuse case will go a long way in reducing your stress and anxiety levels.

WHEN TO HIRE A FAMILY LAW ATTORNEYIt’s never too early to hire a family law attorney. Choosing to seek legal representation at the onset is extremely beneficial, as it gives your lawyer more

time to formulate a proper plan of action. However, attorneys are quite capable of stepping in at any point during the process to provide you with the necessary assistance.

With that said, there are several instances when you may want to consider hiring legal counsel as soon as possible. This includes domestic abuse, custody disagreements, complex financial issues, or if your estranged spouse has hired an attorney.

SCHEDULE A FREE CONSULTATION TODAYThe Law Offices of Matthew Kelly Associates offers free consultation services to all interested parties. During this time you will have an opportunity to ask

questions relevant to your current or impending case. We will also provide you with the possible legal implications of your case, as well as likely options and outcomes. Give us a call to schedule your consultation today.

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What to Expect at TrialIt’s easy to become overwhelmed by the amount of stress that comes with time spent in a

courtroom. Being subject to a trial that determines how much financial gain you will receive for a significant injury can be especially trying.

While most personal lawsuits are settled outside of the court-room, there is a chance that your case may be seen before judge and jury. This trial will give you and your personal injury lawyer a chance to argue your case to show the extent of the injury’s effect on your everyday life. Look at a trial as a way to get your side of the story to the public.

Opening StatementsA personal injury trial begins

with opening statements. Your professional lawyer will lay out the facts regarding the extent of your injury. Here, he will explain all facts about the accident and injury that you have sustained. This is your lawyer’s way of giv-ing the jury an idea of what he is intending to prove throughout the trial.

It is important to be as thor-ough as possible when initially detailing the incident with your lawyer. He will analyze every fact you have given him to build the best case for you and maximize your settlement.

Witnesses and ExaminationThis part of the trial is some-

times called “case-in-chief” and is typically the most important part to any personal injury trial. Here, representation from each side strive to lay out facts and attempt to expose weaknesses in the oth-er’s side of the story.

Witnesses to the incident will be called to the trial to verify the history of events. They will be exposed to both direct and cross-examinations. This means lawyers for and against your case will have the opportunity to question the witness.

You may notice the opposing side trying to persuade the wit-

ness into contradicting your story. Again, being completely honest with your lawyer is crucial so he can be prepared for this strategy.

FinaleOnce witnesses have been ques-

tioned and closing arguments have been made, the jury deliber-ates.

The jury weighs all the evi-dence and decides on a verdict. Depending on the complexity of the trial, a deliberation can last a few hours to several weeks. Once the jury reaches a unanimous decision, they will present their verdict in front of the judge.

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Sometimes extra steps are required to get the finances to which you are entitled. Your per-sonal injury lawyer will expend available resources to ensure that your debtors holds up to his responsibility. You should know some of the rights you have and what you can expect if a debtor

Collecting a SettlementB eing awarded a financial settlement is not always the end of your personal-injury lawsuit.

Sometimes, the debtor will refuse to follow the court order for different reasons. It is important to be persistent toward the debtor to ensure you receive your full and accurate settlement.

is holding out.

Garnishing WagesMuch like any other debt, the entitled party can garnish wages from a debtor to collect what is owed. Generally, a lawsuit against a financially stable entity will pay the settlement to

avoid any drawn-out collection processes. If you have a lawsuit against an individual, you may have a harder time collecting what is owed to you. As the entitled party to a settlement, you have the right to garnish an individ-ual’s wages. Inquire with your

lawyer to check the amount of an individual’s wages you are entitled to. Many states limit this amount to 25 percent of a debtor’s paycheck.You also might be able to gar-nish the wages of a business that owes you for a settlement. Again, the percentage may differ depending on the state you’re in. Be sure to check with your local legal representative to gain insight on your situation.

Seizing AssetsIf your debtors are unable to pay the amount they owe, you may be entitled to their valuables. With direction from your law-yer, inquire which belongings you may entitled to. Some of these may include:• Cash from register;• Machinery;• Equipment; and • Inventory.To avoid a confrontation, get the assistance of your local lawyer and law enforcement before you attempt to seize any property.

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Estate Planning – How to BeginEstate planning is a process that you use to protect your loved ones and your home and savings.

You know you should do it, but where should you begin? How are you supposed to know what estate planning documents make sense for you?Written by: The Attorneys at Marshall, Parker & Weber, LLC

It is hard to get started. Earlier in my law career in the mid- to late-1980s I was a federal judicial law clerk for the Honorable Louis C. Bechtle in Philadel-phia. Each day there was a case to review or hear that would affect a person’s liberty, involve a significant fundamental right or encompass a dispute worth mil-lions of dollars. It was challenging to begin the pro-cess of research that would lead to the ultimate court decision. Judge Bechtle would always say “the way to begin is to begin.” While simple, it was profound. Start somewhere.Here are some suggestions for how you can begin the estate planning process.

•Determine why you need an estate plan.Think of your life and your estate planning as a puzzle. Each piece of the puzzle is a question that needs to be considered or a decision that needs to be made. Below are a few examples. Do you want to:

•Decide who gets your assets when you pass away?

•Name someone to take care of your minor chil-dren when you pass away?

•Name someone to handle your finances if you cannot?

•Spell out all of your medical treatment decisions in advance?

•Name someone to make your health care deci-sions if you cannot?

•Add new children, grandchildren or other family members to your existing documents?

•Organize your digital assets, such as passwords for online bill payments and email?

•Pay for nursing home care for a parent, spouse or loved one?

•Arrange in-home care for a parent, spouse or loved one?

•Prepare to pass your business to your children?•Find out if you qualify for Veteran’s benefits?•Have help handling the estate of a loved one who

passed away?•Learn how to get the most out of your gas royal-

ties?•Make sure your pet is taken care of when you

pass away?•Make sure my child’s social security income is

not affected by an inheritance?•Protect your child with special needs?

Use an online tool such as www.paelderlaw.com/help-medecide to direct you to information about possible solutions.

•Have the conversation(s) with your loved ones.Life is full of many uncertainties, but planning ahead and talking with your family can be one of the great-est gifts you can give to those you love. It may be a conversation just with your spouse or significant other, or it could involve a conversation with your aging parent(s) and siblings. Be open about the deci-sions that have been made. Often parents are con-cerned about offending their children or becoming a burden to them. To the extent that you feel comfort-able sharing your reasoning, the more information and explanations you can give your family while you are alive, the less resentment they will feel when they learn about your choices when you are gone.Talking to your parents can be more difficult than talking to your children. They have always taken care of you, and now maybe it is time for you to help take care of them. It is important for your parents to un-derstand you are trying to do what is best for them. If they become upset or agitated, drop the conversation and try again some other time.

•Create a plan.Just like no two people are alike, no two estate plans should be identical. Below are some common legal documents that may help you achieve your goals.

•Will – Signing your Will in the best way to en-sure that everything in your estate will go where you want it to go. This is especially important if you have children from a prior marriage or relationship.

•Financial Power of Attorney – A Financial Power of Attorney will allow you to name someone to make financial decisions for you, pay your bills and write checks if you are unable to do so.

•Health Care Power of Attorney – If you were un-able to make your own health care decisions one day,

the person you name in your Health Care Power of Attorney can make decisions about your health care.

•Family Asset Protection Trust – This specific type of irrevocable trust is a “tried and true” way to protect your hard-earned assets and land from the cost of long-term care, divorce or creditors.In addition, your assets that pass by beneficiary des-ignations, such as life insurance, retirement accounts and annuity products as well as land ownership should be coordinated with your plan.

•Revisit and adjust the plan, as needed.Once you have an estate plan in place, you have cre-ated a foundation, but the plan should change as time goes on. Any significant changes in wealth, family dynamics or a death in the family are a reason to re-sume the conversation and update the plan. Remem-ber, estate planning is an ongoing process.Marshall, Parker & Weber is an elder law firm with offices in Wilkes-Barre, Scranton Jersey Shore and Williamsport. The only local law firm with three Certified Elder Law Attorneys and over 35 years in business, for more information visit www.paelderlaw.com or call 1-800-401-4552.

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