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The following information is prepared by the Office of the United States Bankruptcy Trustee and is required reading for all persons who file for bankruptcy. If you would like further information about any chapter of Bankruptcy, please do not hesitate to schedule an appointment with Attorney Pealer by telephoning (570) 784-1460. Attorney Pealer is always glad to help you with any of your legal needs.

 STATEMENT OF INFORMATION REQUIRED BY 11 U.S.C.  341

INTRODUCTION:

Pursuant to the Bankruptcy Reform Act of 1994, the office of the United States Trustee, United States Department of Justice, has prepared this information sheet to help you understand some of the possible consequences of filing a bankruptcy petition under Chapter 7 of the Bankruptcy Code.  This information is intended to make you aware of---

(1)        the potential consequences of seeking a discharge in bankruptcy, including the effects on credit history;

(2)        the effect of receiving a discharge of debts;

(3)        the effect of reaffirming a debt; and

(4)        your ability to file a petition under a different chapter of the Bankruptcy Code.

There are many other provisions of the Bankruptcy Code that may affect your situation.  This information sheet contains only general principals of law and is not a substitute for legal advice.  If you have questions or need further information as to how the bankruptcy laws apply to your specific case, you should consult with your lawyer.

WHAT IS A DISCHARGE?

The filing of a Chapter 7 petition is designed to result in a discharge of most of the debts you listed on your bankruptcy schedules.  A discharge is a court order that says you do not have to repay your debts, but there are a number of exceptions.  Debts which may not be discharged in your Chapter 7 case include, for example, most taxes, child support, alimony, and student loans; court-ordered fines and restitution; debts obtained through fraud or deception; and personal injury debts caused by driving while intoxicated or taking drugs.  Your discharge may be denied entirely if you, for example destroy or conceal property; destroy, conceal or falsify records; or make a false oath.  Creditors cannot ask you to pay any debts which have been discharged.  You can only receive a Chapter 7 discharge once every six (6) years.

WHAT ARE THE POTENTIAL EFFECTS OF A DISCHARGE?

The fact that you filed bankruptcy can appear on your credit report for as long as 10 years.  Thus, filing a bankruptcy petition may affect your ability to obtain credit in the future.  Also, you may not be excused from repaying any debts that were not listed on your bankruptcy schedules or that you incurred after you filed bankruptcy.

WHAT ARE THE EFFECTS OF REAFFIRMING A DEBT?

After you file your petition, a creditor may ask you to reaffirm a certain debt or you may seek to do so on your own.  Reaffirming a debt means that you sign and file with the court a legally enforceable document, which states that you promise to repay all or a portion of the debt that my otherwise have been discharged in your bankruptcy case.  Reaffirmation agreements must generally be filed with the court within 60 days after the first meeting of creditors.

Reaffirmation agreements are strictly voluntary-- they are not required by the Bankruptcy Code or other state or federal law.  You can voluntarily repay any debt instead of signing a reaffirmation agreement, but there may be valid reasons for wanting to reaffirm a particular debt.

Reaffirmation agreements must not impose an undue burden on you or your dependents and must be in your best interest.  If you decide to sign a reaffirmation agreement, you may cancel it at any time before the court issues your discharge order or within sixty (60) days after the reaffirmation agreement was filed with the court, whichever is later. If you reaffirm a debt and fail to make the payments required in the reaffirmation agreement, the creditor can take action against you to recover any property that was given as security for the loan and you may remain personally liable for any remaining debt.

OTHER BANKRUPTCY OPTIONS.                    

You have a choice in deciding what chapter of the Bankruptcy Code will best suit your needs. Even if you have already filed for relief under Chapter 7, you may be eligible to convert your case to a different chapter.

CHAPTER 7 is the liquidation chapter of the  Bankruptcy Code.  Under Chapter 7, a trustee is appointed to collect and sell, if economically feasible, all property you own that is not exempt from these actions.

CHAPTER 11 is the reorganization chapter most commonly used by businesses, but it is also available to individuals. Creditors vote on whether to accept or reject a plan, which also must be approved by the court.  While the debtor normally remains in control of the assets, the court can order the appointment of a trustee to take possession and control of the business.

CHAPTER 12 offers bankruptcy relief to those who qualify as family farmers. Family farmers must propose a plan to repay their creditors over a three-to-five year period and it must be approved by the court. Plan payments are made through a Chapter 12 trustee, who also monitors the debtors' farming operations during the pendency of the plan.

Finally, CHAPTER 13 generally permits individuals to keep their property by repaying creditors out of their future income.  Each Chapter 13 debtor writes a plan which must be approved by the bankruptcy court.  The debtor must pay the Chapter 13 trustee the amounts set forth in their plan.  Debtors receive a discharge after they complete their Chapter 13 repayment plan.  Chapter 13 is only available to individuals with regular income whose debts do not exceed $1,000,000. ($250,000 in unsecured debts and $750,000. in secured debts).

AGAIN, PLEASE SPEAK TO YOUR ATTORNEY IF YOU NEED FURTHER INFORMATION OR EXPLANATION, INCLUDING HOW THE BANKRUPTCY LAWS RELATE TO YOUR SPECIFIC CASE.

Attorneys are often consulted by people who have read self-help books or materials on estate planning, making wills, and/or avoiding probate.  These self-help materials often suggest "living trusts" to get around probate and/or inheritance taxes. These materials sometimes include sample forms for living trusts, will or other documents. People also sometimes obtain such information from seminars or courses on the subject. 

Laws vary significantly from state to state. A tool which may simplify one's affairs in one state, may increase tax or probate liabilities, or create other needless complications, in another state.  For these reasons, the unique circumstances of the individual determine whether or not a particular estate planning tool is advantageous.  No tool is for everyone.

            In Pennsylvania probate fees are nominal. For example, in Columbia County, the probate fee on a one-million dollar estate is $411.00.  The fee is even smaller for estates of less value.  For that reason, it is rarely advisable for Pennsylvania residents to incur significant expenses just to avoid probate. In Pennsylvania, the larger expense is through Inheritance Tax which is frequently imposed on trusts as well as estates. A typical "living trust" does not avoid Pennsylvania Inheritance Tax and may not fully protect assets in the event that nursing home care becomes necessary. In order to avoid Pennsylvania Inheritance Taxes or to shield assets from nursing home expenses a trust must be irrevocable; that is, the assets cannot ever be removed from the trust. Similarly, in Pennsylvania, the amount of paperwork involved in settling an estate and a trust is comparable. For this reason, the existence of a trust seldom results in a significant reduction in legal fees.

            A "one size fits all" approach is very dangerous in this situation.  Advice tailored to the individual is essential. While self-help materials can be excellent sources of educational information as to estate planning options, the safe implementation of those options requires the prior advice of a qualified professional.

            Frequently, self-help materials such as "living trusts" are sold at a substantial price. Sometimes these packets charge more for "one size fits all" documents than the individual would pay to have the documents tailor-made. 

Everyone should consult with their own attorney and/or accountant before purchasing expensive "living trust" packets or implementing self-help measures. In the consultation, you should ask exactly what estate planning documents are needed in your particular case.  Your should also obtain an estimate for the custom preparation of those necessary estate planning documents. Quite often, an hour's consultation with a qualified professional can avoid unnecessary expense and needless heartache. Attorney Pealer will gladly meet with you to discuss these matters.

A pre-nuptial agreement, or pre-nupt, is a written agreement signed before marriage that establishes the legal rights of a couple in the event of their later divorce, or upon the death of a spouse. A pre-nupt should be seriously considered anytime that one or both of the future spouses bring real estate or other assets to the marriage, or where either future spouse has children from a previous relationship. Wills, deeds and other companion documents are often prepared along with the pre-nupt. Such documents can provide for the surviving spouse, children, parents or other heirs, business partners, etc., upon the death of either spouse.

When the couple negotiates a pre-nupt prior to the wedding, it is always possible to cancel the wedding if no agreement can be reached. Out of concern that people might sign a pre-nupt under duress, Pennsylvania's Legislature has considered requiring that pre-nupts be signed at least 90 days before the wedding; however, that law has not yet been passed. If a similar document is signed after the people are already married, then it is known as a post-nuptial agreement or post-nupt.

  In order for a pre-nupt (or post-nupt) to be legally binding, the law requires a full disclosure of assets and liabilities—that is, a full list of all of the assets and liabilities of both future spouses must actually be part of the document itself. It is highly recommended that each future spouse review the pre-nupt with their own separate attorney prior to signing the document. Normally each person will need to meet with his/her own attorney at least two or three times. The process of preparing documents and circulating them for review and signature normally takes a few weeks. The cost of a pre-nupt usually varies with the number of documents prepared and the amount of legal work involved.

Attorney Pealer recommends that the pre-nupt process be started several months before the wedding, in order to avoid a later legal challenge that the agreement was signed under duress, and in order to allow ample time to get all the paperwork done properly. The first step in this process is to schedule an appointment.

If you wish to make an appointment with Attorney Pealer, please telephone (570) 784-1460 to set up a convenient time to meet with her. Attorney Pealer will gladly assist you with this or any other legal concern.

A divorce action is a suit in a Court of Law, through which the marriage between two spouses is ended and each of the former spouses becomes legally able to remarry. Pennsylvania Law also requires that all other legal and economic rights of the parties be decided as part of the divorce case. A person who does not seek all other rights as part of the divorce case can lose their ability to claim a number of those rights after the divorce has been granted.

In order to get a divorce, one spouse, must institute a divorce action with the Court in the county where one of the spouses resides. The other spouse may then claim certain legal rights or contest the divorce is that spouse chooses to do so.

Before 1980, the only way that Pennsylvanians could obtain a divorce was by proving fault. One spouse was required to participate in a court hearing to prove that the other spouse had committed fault grounds and that the spouse seeking the divorce was the innocent and injured spouse. While such grounds still exist under the law today, they are rarely used. Since 1980, Pennsylvania Law also permits spouses to get what is commonly known as a "Mutual Consent" or "No Fault" divorce. In order to obtain a No Fault divorce, the spouses must wait at least ninety days after the divorce action was first started with the Court; however, the divorce never becomes final automatically. At any time after ninety days, the parties can end their marriage by simply signing documents, known as Affidavits of Consent, which are then presented to the Judge (who signs the final divorce decree). Where the spouses have continuously been separated due to marital difficulty for more than one year, either spouse can obtain what is known as a Unilateral No Fault Divorce. A Unilateral No Fault Divorce is obtained by suing for divorce in court and then giving legal notice to the other spouse of the intent to proceed with the divorce, after which the appropriate final paperwork is filed with the Court.

At the present time, nearly all divorces are eventually ended or decreed as No Fault divorces. Where divorces are contested, they are most frequently contested over entitlement to some other legal rights, and not over the question of whether or not the marriage should be ended. Quite often a spouse will refuse to sign the Affidavit of Consent until he or she is satisfied with the settlement of other rights. Many times, the spouses are ultimately able to settle all of their differences in an out of court settlement. Final settlement papers are then drawn up in legal language, signed, and submitted to the Judge with the Affidavits of Consent. If the spouses cannot agree to the settlement of all of their rights, then the Court will hold a trial or hearing and decide the disputed rights or issues.

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WHAT ARE MY RIGHTS TO PROPERTY?

The Pennsylvania Divorce Code of 1980, as amended, provides for Equitable Distribution of Marital Property. According to Black's Law Dictionary, EQUITABLE means "just"; it does not necessarily mean “equal”. After trial or hearing, Courts weigh the evidence (using a list of thirteen factors required by the Divorce Code) and arrive at a percentage split of the marital property. The Pennsylvania Divorce Code specifically provides that fault is not a factor in equitable distribution. The split can be 50-50% or it can be 70-30%, 60-40%, 55-45% or any other split that the Court determines to be equitable. The law generally defines MARITAL PROPERTY as all property (real, personal, tangible or intangible) which has been acquired (by either spouse) during the marriage, regardless of how it may be titled. Property which either spouse owned before marriage is referred to as EXEMPT PROPERTY. Inheritances and Gifts to one spouse (from persons other than the other spouse) are also exempt property. Property which would otherwise be exempt property becomes marital property if is titled in joint names after the marriage. If the exempt property increases in value or equity during the marriage, then the item itself remains exempt but the amount or the increase is marital property.

In deciding cases of equitable distribution of marital property, courts first compile a list of all marital property and the value of each item, after deduction for any liens or encumbrances. The court then assigns a percentage of the total estate to each spouse. Next the court awards the items on the list, in-kind, to one spouse or the other, after which the court directs a cash payment to exactly balance the split. Courts also have the power to direct that property be sold and the proceeds divided; however, this seldom happens unless the spouses agree that the property is to be sold.

* * *

CAN I GET MY SPOUSE TO PAY PART OF MY LEGAL FEES AND COURT COSTS?

Under certain circumstances, a needy spouse can get help from the other spouse in paying legal fees and court costs. Spousal support or alimony pendente lite (see the separate article on Support in this webpage) is intended, in part, to help the recipient spouse to pay their court costs and attorney's fees. Courts only award additional help where requesting spouse has little or no income and where there is very little marital property to be divided. Sometimes when a spouse violates a court order or commits contempt of court, the court will direct that the guilty spouse pay the innocent spouse's court costs and lawyer's fees.

* * *

CAN ONE SPOUSE MAKE THE OTHER SPOUSE ATTEND COUNSELING?

The Divorce Code sets forth a procedure through which either spouse can get a court order requiring both spouses to attend up to three sessions of marriage counseling. Spouses sometimes request such counseling in order to help the couple to end their divorce more amicably or to improve their cooperation concerning the welfare of their children, in addition to requesting counseling a part of a reconciliation attempt. Sometimes, counseling for parents and children can also be obtained in custody case.

Attorney Pealer will be glad to answer all your questions regarding a divorce. Please telephone (570) 784-1460 to make an appointment.

KNOW YOUR CUSTODY RIGHTS

The word "CUSTODY" has two separate meanings under the law.

1. LEGAL CUSTODY - means legal guardianship, that is, the right to sign report cards and other important papers and to make major decisions concerning the child. Courts usually prefer to have both parents retain joint legal custody where the parents are able to set aside their differences and work together for the best interests of the child. Where the parents cannot cooperate with each other, or where other circumstances, such as geography, make such cooperation impractical, then courts will award sole legal custody to one parent.

2. PHYSICAL CUSTODY - means actually having the child with you. Each parent has physical custody of the child when the child is with that parent.

A. PRIMARY PHYSICAL CUSTODY - The parent with whom the child resides is said to have primary physical custody.

B. PARTIAL PHYSICAL CUSTODY AND/OR VISITATION - This term refers to the parent with whom the child does not reside.

C. SHARED PHYSICAL CUSTODY - When the children spend an equal amount of time with each parent, the parents have been awarded shared physical custody. Where neither parent's fitness is in question, the schedules of parents and children, and the geographical distance between the parents' residences, often determines the division of time between parents.

The law provides that custody and visitation of minor children are to be determined according to the best interests of the child. In deciding custody cases, courts always look at what the judge finds to be in the child's best interest. In order to win a contested custody case, a parent must convince the court that that parent can best provide for the child. Assuming that neither parent poses any serious danger to the child, courts take the approach that it is in the child's best interest to have a significant amount of quality time with both parents. For that reason (while courts will sometimes place strict conditions on visits) courts rarely refuse to give a parent any visitation. No custody decision is ever so final that it cannot be changed when the best interests of the child warrant a change. The law presumes, however, that a happy and well adjusted child should not be disrupted without very good reason; and for that reason, it is much harder to change an existing custody order, than it is to win a case the first time around. When a child reaches the age of 14, courts will usually listen to the child's preference with regard to custody and visitation. While the Court will usually seek the child's opinion, the court is not bound by the child's preference. The child's maturity determines the weight that the Court gives to the child's preferences.

Attorney Pealer will be glad to answer your more specific questions about a custody case. Please feel free to telephone her office at (570) 784-1460 to make an appointment.

Tenants are not normally covered on their landlord's property and casualty insurance. All too frequently, tenants learn this after losing belongings in a burglary, fire, or other disaster. Similarly, a landlord's insurance policy does not usually protect a tenant from liability if someone is injured on the premises of if the tenant accidentally causes a fire or other disaster. A policy of tenant's insurance can usually be purchased through a homeowners' insurance company for a relatively small cost—often $100-$200 per year.

 Sometimes (but not always) college students who live in on-campus housing are covered under their parents' homeowners' insurance. It is unusual for a parents' policy of homeowners' insurance to cover a child who lives off-campus. It is never safe to rely on whether or not a student will be covered on the parents' homeowners' insurance.  The student or parent should always check with the parents' insurance agent to determine if the student is covered by the insurance.

If you do not understand any insurance policy, Attorney Pealer will gladly explain it to you.  Insurance policies differ considerably and no attorney can answer your specific questions without reading the actual document.  Please telephone Attorney Pealer's office at (570) 784-1460 to set up an appointment with her. Attorney Pealer will gladly answer all your questions and assist you with all your legal concerns.

Accidents can and do happen to all of us. Very few people can live an entire lifetime without suffering an accidental injury.  Many times, injuries may prove to be more serious or persistent than they first appear, or serious complications may set in later.  Sometimes another person is responsible (or partly responsible) for that injury.  It is important to know your rights and to protect them. Even if you feel that your injuries are minor, you should still take steps to protect your legal rights--just in case your hangnail gets infected and you end up losing your arm!

In most instances, people other than just the injured person may be entitled to compensation. Your spouse can also bring a loss of consortium action seeking compensation for the loss of your services. Dependent relatives can sue for the loss of support of a deceased breadwinner.  An estate can sue for the deceased person’s pain and suffering. Sometimes family members who witness a grizzly accident can sue for emotional distress. Parents can seek expenses incurred in caring for an injured child.

The law contains deadlines in which lawsuits must be started, which are known as statutes of limitations. If you fail to start your lawsuit before the expiration or running of the statute of limitations, then, you lose your right to sue.  Different statutes of limitations apply to different types of cases.  Some statutes of limitations can be as little as a few months and others can be two years or more. As soon as you are injured, you should learn the statute of limitations in your particular case. This is especially important if you are uncertain as to whether or not you may choose to bring a lawsuit, as you need to know how much time you have in which to make that important decision.

            Very few injury cases actually go to trial. Most cases settle before trial.  Some cases settle before it is necessary to start a lawsuit. Other cases settle after a lawsuit is started and before the case goes to trial. Insurance companies will often try to settle cases very early on (before you may have had time to experience complications). It is always advisable for you to consult with an attorney before accepting a settlement.

Attorneys often take injury cases on a contingent fee basis, where the attorney does not get paid a legal fee until the case is settled or won.  The attorney then receives a percentage of the verdict or settlement.  The percentage that the attorney receives may vary from case to case depending on the amount of work involved. Because of strict legal requirements, regardless whether you win or lose your case, you will normally be responsible for the out of pocket expenses of your case. Typical out of pocket expenses that you would pay are as court filing fees, expert witness fees, deposition transcripts, photocopying costs, postage, long-distance telephone calls, etc. Some attorneys will ask you to pay these expenses as they arise. Other attorneys will pay them and ask to be reimbursed later (sometimes at the end of your case).  Pennsylvania law requires attorneys to have written fee agreements with clients in almost all types of cases. Written fee agreements are always required in contingent fee cases.

WORK INJURIES

            In Pennsylvania, work-related injuries are covered by Workers’ Compensation.  You cannot sue your employer separately.  In order to be paid for a work-related injury you must file a Workers’ Compensation claim with your employer. If your employer does not pay you fully, then you must bring your action through the Bureau of Workers’ Compensation.  You have a right to be represented by an attorney of your choosing in a Workers’ Compensation action. When you win your case, the Workers’ Compensation Judge will give your attorney a percentage of your award (usually 20%) as attorney’s fees. Before your attorney can be paid in a Workers’ Compensation case, both you and the Judge must approve the payment.

VEHICLE ACCIDENTS

            Pennsylvania’s law regarding motor vehicle accidents is quite complicated. Pennsylvania law requires all vehicles to be insured.  If you are injured in a vehicle accident, your own insurance pays for your injuries (up to the limits of that insurance), through what is called first party benefits. Your own insurance pays your medical bills regardless of whether the accident is your fault or the fault of someone else.  Even if you were a passenger, you still submit your medical bills to your own automobile insurance company first.

Assuming that you have not limited your right to sue (this is discussed below), you may bring an action against the responsible driver(s) for any damages which were not covered by your own insurance. In order to win a lawsuit against another driver, you must prove that the other driver was negligent and that his or her negligence caused the accident that resulted in your injuries. Frequently, accidents can be the result of the negligence of more than one driver.  You can collect from the other driver even if you were partially responsible for the accident, so long as the accident was less than 50% your fault. Passengers are seldom responsible for an accident.  In the action against the other driver(s), you can ask for payment of past and future economic damages, including: Medical and chiropractic expenses that were not covered by your own insurance, uncompensated lost wages, replacement services (such as housekeeping, baby-sitting, lawn care), etc. You can also seek compensation for non-economic damages, such as: Past and future pain and suffering, emotional distress, and disfigurement

            In Pennsylvania, the type of vehicle insurance selected by you determines when and how you may sue.  If you select the Full Tort option, then you may sue for any injury (no matter how small).  If you select the cheaper Limited Tort option, then, you may only sue for non-economic damages when your injury is serious. The law defines Serious Injury as, "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement."  Courts will let the jury decide whether the injury is serious. Many injuries, such as broken bones, may be very painful and disabling yet they may not be commonly considered serious. A significant number of Limited Tort cases have proceeded all the way through trial, only to have the jury dismiss the case with a finding that the injury is not serious. For this reason, many attorneys refuse to take Limited Tort cases.    The saving for electing the Limited Tort option is quite small and, Full Tort coverage is always preferable. Uninsured and Underinsured Motorist pay non-economic damages when the other driver has little or no insurance and are definitely worth including on your policy. Savings can be obtained, with much less risk, by raising your collision deductible or by dropping your towing coverage instead of by skipping these important coverages.

OTHER INJURIES

            Injuries can occur in numerous other ways.  People slip on icy sidewalks or slippery supermarket floors. They are often injured by faulty products or malfunctioning equipment. Animals can injure people. Sometimes, people are injured by other people. Most injuries are unfortunate accidents; however, injuries can sometimes be intentional. The ways in which such injuries can occur are endless and your legal rights are different in each situation. This article cannot attempt to discuss your rights in all instances. The information set forth in the block should be helpful to you in most injury situations:

ACTIONS TO TAKE WHEN INJURED

SEEK PROMPT ATTENTION FOR INJURIES. Of course, with any injury, the most important priority is always to seek appropriate emergency care for the injury. In the case of a serious or potentially life-threatening injury, all other matters can and should wait until your condition is stabilized. Any time that you sustain an injury (even a minor injury) at work or as the result of the fault of another person, you should always seek prompt professional attention. This documents the injury.  If you need more attention later, you will have much less difficulty getting your bills paid when the injury was documented at the time it occurred. Continue with appropriate attention until your injuries are fully healed.  Follow all doctors’ orders, keep all appointments, take prescribed medicines, observe your doctor’s restrictions. Not only will this advice maximize your recovery; it will also improve your chances in court. Insurance companies love to argue that you made your own condition worse by not taking proper care of the injury.

REPORT THE INJURY IMMEDIATELY. If you are injured at work, immediately report the injury to your employer.  If you are injured on another person’s property, immediately report the injury to the owner of the premises and obtain the owner’s insurance information.  If you are injured in a motor vehicle accident, report the accident to the police before you leave the accident scene and before you remove the vehicles from the scene. Be certain that the police officer files a report of the accident and that you know how to obtain a copy of the police report. Unless you are very seriously injured and transported by ambulance, do not leave the accident scene without obtaining the name, address and insurance and vehicle information for the other driver(s).  As soon as the police have finished their investigation of the accident and as soon as you have received appropriate emergency care, report the vehicle accident to your own insurance company. Most insurance policies (of all varieties) contain provisions that the company does not need to pay claims that are reported late. Be certain to report the claim within the time provided by your own policy.

DOCUMENT EVENTS AND PRESERVE EVIDENCE.   Cases of all varieties often take several years to get to court. Memories can fade and evidence can be lost.  Photograph any visible cuts, bruises, scrapes, etc., and continue to take periodic photographs throughout the healing process. Get names, addresses and written statements from eyewitnesses. Keep a daily diary, which includes a record both your physical condition and limitations, dates of doctor’s appointments, time missed from work, etc. Keep all insurance forms, medical and repair bills, and receipts. Get photographs of your vehicle before it is repaired. If possible, get photographs of the other vehicle(s) as well. Obtain copies of police reports and newspaper articles. Photographs should also be taken of the accident scene, showing important things such as skid marks, location of lights or stop signs, damage to fences or trees, etc.  If you suspect that your injury could be the result of a mechanical malfunction, defective product, poorly designed highway, etc., it is very important to have the defective item examined by an expert immediately. Engineers, accident reconstruction experts, and other such experts can work more effectively if they see the evidence promptly. In such a situation, do not dispose of the faulty vehicle or equipment until your own attorney tells you that you may do so.

SEEK LEGAL ADVICE QUICKLY. Even if you do not think that you want to sue, know all your legal rights. Remember the infected hangnail? Serious complications could change your mind about taking further action.  Get an individual consultation with an attorney before you sign any statements or releases or accept any settlement. Unfortunately, overzealous insurance adjusters will sometimes try to get you to sign documents that are not properly explained to you. By signing such documents, you could be giving up all future rights in your case.  Be sure you fully understand the contents and possible implications of anything that you are signing. Do not leave your lawyer’s office without knowing the statute of limitations for your case. Attorney Pealer would be glad to meet with you to discuss your injury case.