Due to COVID-19, most court functions in the state have been suspended. In addition, our office is working remotely. For assistance, please email esr@mmzlaw.com with your contact information and the legal matter you need help with and someone will be in touch. If you are seeking help regarding a Will, Financial, or Health Care Power of Attorney, every effort will be made to respond as quickly as possible.

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What is Wrongful Death, And How Do I File a Case?

Wrongful death concept image with stethoscope and law book

Unlike most legal language, the term “wrongful death” is a relatively uncomplicated description for situations in which a person or people have died due to someone else’s negligence or wrongdoing. However, determining whether you have a wrongful death case can be complicated, requiring assistance from an experienced personal injury attorney.

When you have lost a loved one due to wrongful death, you need to consider bringing a personal injury civil action against the person or company responsible. This is your right under personal injury or “tort” law, which allows you to seek compensation for your immense loss unrelated to any criminal charges that might have been filed against the wrongdoer.

Of course, there are a few more things to know about how wrongful death lawsuits work. That’s where today’s post comes in. We’re answering a few big questions our prospective clients often have in the aftermath of a tragic loss of a loved one while they try to determine what’s next.

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6 of Your Biggest Questions About Drunk Driving Accidents

Responsible driver stopping a friend from drunk driving

Because we spend so much time in our vehicles—commuting, driving kids to school and activities, traveling to visit friends and family members—one of the most common ways people are seriously injured today is in car accidents. While crashes less frequently involve drunk driving now than they did many years ago—thanks to tougher penalties for DUI (driving under the influence of alcohol or other substances) and overall better education about why it’s a bad idea to drink and drive—drunk driving accidents are still unfortunately common.

Today’s blog post answers some of the major questions that people have about drunk driving accidents, including how to protect themselves from becoming a victim in one of these tragic personal injury or wrongful death incidents. However, if you’ve already been involved in a drunk driving accident, we have essential advice for you, too. Read on for more.

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What is Probate When It Comes to Estate Planning

probate written on puzzle piece

Your Complete Guide to Estate Planning – CHAPTER 7

As we’ve established throughout earlier chapters in our Complete Guide to Estate Planning, the prospect of probating a friend or family member’s estate can be scary.

There are many steps involved in opening probate, determining whether you’ll be required to undertake the formal process (versus Pennsylvania’s simplified probate process for estates with assets totaling less than $50,000), and then moving through the appropriate version of the process itself.

Very complex estates may remain in probate for years. And while the good news is that these situations tend to be few and far between, taking a DIY approach to probating an estate of any size is not often a good idea. You can save yourself frustration and time by consulting with an experienced probate and estates attorney.

Our previous blog post outlining the phases of probate in Pennsylvania—and what you can expect as you move through this legal process—is a must-read if you’ve recently been placed in a fiduciary role as a personal representative for a friend or family member’s estate.

But how do you make even a lengthy probate process as painless as possible? Today’s post offers a few important steps you can take to survive probate with minimal frustration.

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Nursing Home Neglect: What Are Victims’ and Loved Ones’ Options?

Senior in wheelchair sitting by window

It’s a sad truth—nursing home neglect is far more common than the headlines about the worst abuse cases and tragedies would have us believe. The National Council on Aging estimates that 1 in 10 Americans who are age 60 and over have experienced some form of abuse, such as negligent nursing care, but only 1 in every 14 cases ever gets reported.

And there are many seemingly small infractions that you may not have even considered—a missed meal here or there, minor falls, a medication mistake once in a while—which can constitute nursing home negligence. These little problems and other under-the-radar abuses tend to build up and should not be ignored by loved ones of individuals living in nursing homes, assisted living/personal care facilities, and larger retirement communities.

Today’s post takes a closer look at what friends and family of nursing home residents—as well as residents themselves—should be concerned about within long-term care environments.

We’ll touch on a few things to be paying attention for that could signal neglect and abuse of a care facility resident. Additionally, we’ll tell you what to do to in response. Even if you’re not entirely sure whether something is wrong, it is wise to be overly cautious and ensure that your or your loved one’s nursing facility is following the law. One of your best resources for doing so are highly experienced personal injury attorneys.

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Estate Planning Considerations for Your Digital Assets

digital assets on wooden table

Your Complete Guide to Estate Planning – CHAPTER 6

As the digital age advances and more elements of our lives move online, a trending question in modern estate planning is how to manage an individual’s intangible, electronic assets like their web presence and contents of various online accounts once they have passed away.

It’s true that some of these so-called digital assets can pass through your last will to your family members and other heirs, but there are many more that you don’t actually own the rights to. Yet, these other types of accounts still often need to be handled in some way—archived, deactivated, deleted—so that data doesn’t end up in the wrong hands.

Today’s post highlights a few things you need to think about your digital life as you work through the entire estate planning process covered in our ongoing blog series, Your Complete Guide to Estate Planning.

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What You Need to Know About Personal Injury Law

Personal Injury Law & Gavel

What is personal injury law?

Every member of our community has a duty to exercise reasonable care to prevent harming others.  When we fail to exercise reasonable care (e.g. choosing to send text messages while driving) and as a result, another person is injured, the person who failed to exercise reasonable care is responsible for the harm caused.  Personal injury or “tort” law exists to enable those who have been hurt to seek compensation for their financial losses and pain and suffering from the persons or companies responsible for the injuries.

The object of Pennsylvania’s tort law is to modify behavior by imposing the financial risk on the party in the best position to prevent the harm. Personal injury / tort claims are part of the civil justice system, which basically means that personal injury cases are separate from any related criminal cases, and only deal with harms and losses or injuries to person or property.

Seeking compensation through personal injury law means more than just filing a lawsuit. The legal rules and the knowledge of attorneys experienced with injury law also shape the investigation of the claims and the process of settlement negotiations.

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Tips For Crafting Your Last Will & Testament in Pennsylvania

Will and Testament Document

Your Complete Guide to Estate Planning – CHAPTER 5

Though drafting your last will—the central document in estate planning—here in the Commonwealth of Pennsylvania may seem complicated at first, our home state actually has few solid requirements for what a will must look like. This doesn’t mean, of course, that you should scribble yours on a bar napkin and sign it with a purple marker you found.

Your goal should be to create a clear and unquestionably valid document that allows your loved ones to administrate your estate with ease after you’re gone—your will is essentially a gift to your friends and family in this way. And working with an experienced probate and estates attorney on all of your estate planning matters is the best way to accomplish that goal.

This chapter in our Complete Guide to Estate Planning offers a few tips that will help you write and maintain (that’s right—this document is not a “set it and forget it” kind of thing) a solid last will and testament that accomplishes your wishes while avoiding common pitfalls.

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Advance Directives and Living Wills: What’s the Difference?

Living Will

Your Complete Guide to Estate Planning – CHAPTER 4

Have you been following our ongoing estate planning post series here on the blog in recent months? If so, you’ve likely noticed that much of estate planning has to do with establishing legally valid documentation that conveys your end-of-life wishes regarding your assets and property.

Did you know that there is also specific estate planning documentation that deals with your personal health and physical body? You may have heard of these advance directives, but likely have many questions. Today’s post focuses on healthcare decision-making at times when a person cannot express their wishes, how their wishes are properly documented, and why you should seriously consider establishing these instructions as part of your unique estate plan.

This may sound relatively simple, and you’ll find that do-it-yourself forms are widely available online—after all, what’s a little bit of paperwork? However, there are many different points to consider, and even modest estates can benefit from strategizing with an experienced estate planning attorney to make sure that the right documents are prepared in the right way to accomplish your goals and support your loved ones.

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More on Trusts: Are They Right For Me?

Trust

Your Complete Guide to Estate Planning – CHAPTER 3

In discussing essential documents in Chapter 1 of our Complete Guide to Estate Planning, we took a brief look at trusts and gave some basic information about how these arrangements can be confusing or problematic. There are a vast number of different types of trusts, and unfortunately, they are often marketed and sold to individuals who do not actually need them to accomplish their estate planning goals.

Today’s post digs a little deeper into what distinguishes a few of the different types of trusts from one another so you can begin to understand whether you might want to include a trust in your unique estate plan to account for a specific financial goal. One word of caution, however—setting up trusts is not something you should attempt without guidance from a seasoned estate planning attorney. Taking a DIY approach to estate planning, and especially to establishing trusts, will likely create problems for your loved ones later, and can also easily result in greater ongoing tax expenses for the rest of your life.

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