Tag Archive for: Brookville Lawyers

The Importance of Estate Planning in Pennsylvania

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Estate planning — and finding the right estate planning attorney for you — is essential to ensure your assets are distributed as you wish, while minimizing legal and tax complications and providing peace of mind for you and your family.  In Pennsylvania, state-specific laws on inheritance, probate, and taxes make a well-crafted estate plan particularly important.  This blog post highlights why estate planning matters for Pennsylvania residents and key steps to get started.

Why Estate Planning Matters

Control Over Your Legacy

Without a will, Pennsylvania’s intestacy laws dictate how your assets are distributed, which may not reflect your preferences.  For example, if you’re unmarried with no children, your estate could pass to distant relatives or the state.  A will allows you to name beneficiaries, ensuring your assets go to the people or causes you value.

Streamlining the Probate Process

In Pennsylvania, probate is managed by the county Register of Wills and can be time-consuming and costly without proper planning.  A clear estate plan, including a well-drafted will, can simplify the process, reducing delays and expenses for your heirs.

Navigating Pennsylvania Inheritance Tax

Pennsylvania levies an inheritance tax on most estates, with rates based on the beneficiary’s relationship to you:

  • 0% for spouses and charities
  • 4.5% for direct descendants and lineal heirs (children, grandchildren)
  • 12% for siblings
  • 15% for other heirs

Strategic estate planning, such as gifting during your lifetime or charitable bequests, can help reduce this tax burden, preserving more of your estate for your loved ones.

Protecting Your Family

Estate planning goes beyond finances – it is about caring for those you love.  In Pennsylvania, you can designate guardians for minor children or include provisions for dependents with special needs.  These steps ensure your family is supported according to your wishes.

Preparing for Incapacity

Estate planning also addresses potential incapacity.  Pennsylvania recognizes advance directives, such as:

These documents ensure your wishes are followed and ease the burden on your family during challenging times.

Key Considerations for Pennsylvania Residents

Understanding State Laws

Pennsylvania has specific estate planning rules.  For example, holographic (handwritten) wills are only valid if they meet strict criteria.  Consulting an attorneyat ZwickLaw ensures your plan complies with state law and is legally enforceable.

Keeping Your Plan Current

Life events – like marriage, divorce, or the birth of a child – likely require updates to your estate plan.  Pennsylvania law may automatically adjust certain provisions (e.g., revoking bequests to an ex-spouse post-divorce), but relying on these defaults can lead to unintended results. Regularly review your plan to keep it aligned with your goals.

Including Digital Assets

Your estate plan should account for digital assets like online accounts or cryptocurrencies. Pennsylvania’s Revised Uniform Fiduciary Access to Digital Assets Act allows you to grant fiduciaries access to these assets, but you must explicitly include them in your plan.

Supporting Charitable Causes

If giving back is important to you, Pennsylvania’s tax exemptions for charitable bequests can maximize your impact.  Including charitable gifts in your plan can support your favorite causes while reducing your estate’s tax liability.

Getting Started

Estate planning may feel overwhelming, but it’s a proactive way to secure your legacy.  Follow these steps to begin:

  1. List Your Assets: Include real estate, bank accounts, investments, and personal property.
  2. Set Your Goals: Decide who should inherit your assets, how to minimize taxes, and any special provisions for loved ones.
  3. Work with an Estate Planning Attorney: An attorney familiar with Pennsylvania law can help you create a tailored will and other essential documents.
  4. Communicate Your Wishes: Share your plans with your family to ensure clarity and avoid surprises.

Get Answers to All of Your Questions – Contact Zwick Law

Estate planning is an important, proactive measure to preserve your legacy and ensure your assets stay with and benefit your family after you are gone. When you are ready to create or update your estate plan, consulting with an estate planning and estate administration attorney is highly beneficial.  The trusted estate planning attorneys at ZwickLaw are available to help you determine the best ways to distribute your estate and protect your assets long into the future.

For questions relating to your estate planning needs, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

The Importance of Medicaid Planning in Pennsylvania

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Understanding Medical Assistance in PA

In Pennsylvania, Medicaid is known as Medical Assistance (MA), a critical program that covers long-term care costs, such as nursing homes and assisted living, for eligible individuals.  With rising healthcare expenses, Medical Assistance can be a lifeline, but strict eligibility rules and the Pennsylvania Estate Recovery Program require careful planning to protect your assets.  Without a strategy, you risk depleting your savings to qualify, leaving little for your spouse or heirs.

Why Plan for Medical Assistance?

Pennsylvania’s Medical Assistance program has stringent income and asset limits.  For 2025, the asset limit for a single applicant is $2,000, excluding certain exempt assets like your primary home (up to $713,000 in equity).  Non-exempt assets, such as savings accounts, stocks, bonds, or secondary properties, must be spent down to meet this threshold unless protected through strategic planning.  This spend-down process can erode your financial legacy, forcing you to liquidate investments or deplete retirement funds that could have supported your spouse or been passed to your heirs.  For couples, the Community Spouse Resource Allowance (CSRA) allows the non-applicant spouse to retain up to $154,140 in assets (as of 2025), but careful planning is still needed to avoid impoverishing both spouses.

Pennsylvania’s Estate Recovery Program

The Pennsylvania Estate Recovery Program, mandated by federal law under Act 49 of 1994, seeks to recover Medical Assistance payments for long-term care services (e.g., nursing facilities, home and community-based services, and related hospital or prescription costs) provided to individuals aged 55 or older after August 15, 1994.  After the recipient’s death, the state can claim reimbursement from their probate estate—assets like homes, savings, or life insurance payable to the estate—if the estate exceeds $2,400.  This often involves selling the home, a significant asset for many, which can disrupt plans to pass it to heirs.  However, non-probate assets, such as jointly owned property with rights of survivorship or accounts with designated beneficiaries, are generally exempt from recovery in Pennsylvania, as the state operates a “probate-only” program.

Interrelation with Medical Assistance Planning

Medical Assistance planning is closely tied to the Estate Recovery Program, as it aims to protect your assets from both eligibility spend-down requirements and post-death recovery claims.  By proactively managing your estate, you can structure assets to meet Medical Assistance eligibility while minimizing the probate estate subject to recovery.  Strategies like transferring assets strategically or leveraging exemptions can reduce your countable resources and preserve wealth for your heirs.  Planning also ensures compliance with rules, such as the five-year look-back period, to avoid penalties that could delay care.  Effective planning safeguards your financial legacy and ensures access to necessary care without sacrificing your estate.

Key Strategies for Asset Protection

Effective tools include purchasing exempt assets, such as a vehicle, home repairs, or accessibility modifications, which are not counted toward Medical Assistance eligibility.  Strategic gifting to family members, when done within Pennsylvania’s five-year look-back period rules, can reduce countable assets, though improper gifts may incur penalties.  Converting non-exempt assets into income-producing vehicles, like Medicaid-compliant annuities, provides income for the community spouse while lowering countable resources.  Prepaying funeral expenses through an irrevocable funeral trust is another strategy, as these funds are exempt and reduce your asset total.  Additionally, establishing a life estate for the primary home allows the applicant to retain a residence while transferring future interest to heirs, which when done properly can potentially shield it from recovery.

The Role of Professional Guidance – Contact ZwickLaw

Navigating Pennsylvania’s Medical Assistance and Estate Recovery rules is complex, with pitfalls like improper transfers triggering penalties or recovery claims.  Consulting an attorney at ZwickLaw who is familiar with Pennsylvania’s regulations helps ensure compliance and maximizes asset protection.  Don’t wait for a health crisis to plan for Medical Assistance. By starting now, you can secure your financial future, access quality care, protect your assets from the Estate Recovery Program, and preserve your legacy for loved ones in Pennsylvania.

For questions relating to your Medical Assistance planning and asset protection, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

Contact Us Today for a Free Consultation

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

HOW TO PROPERLY HANDLE A PERSONAL INJURY CLAIM

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The period right after an accident causing an injury can be very stressful and overwhelming. Lost wages, mounting medical debt, and the pain of an injury often combine, leaving a person desperate for a resolution. Settling an injury claim quickly may seem like the easiest way to resolve problems caused by an accident, but being overly eager can leave an accident victim in an even worse predicament. Knowing the steps to properly handle an injury claim can help you avoid crucial mistakes and obtain the compensation you deserve.

Should you comply with all of the insurance claims adjuster’s requests?

The adjuster handling your claim often presents themselves as a friend or ally looking out for your best interests. During the initial investigation, the claims adjuster will make various requests, such as asking you to sign authorizations for the release of confidential medical and employment information, provide recorded statements, and other documentation related to your accident and injuries (e.g., videos, pictures, witness information, etc.). Although adjusters may advise that the requested information is always required to assess and settle your claims, this is not always true.

The claims adjuster will attempt to use the information you provide to minimize or dismiss your claim. In certain situations, you may need to provide some information and cooperate with the insurer’s investigation; however, this is not always required. Selectively and strategically providing information does not mean you will lose your claim. Instead, taking a strategic and methodical approach usually increases your chances of obtaining the compensation you deserve.

What happens if you miss medical appointments?

A person with no medical insurance or limited sick time from work may decide to stop going to follow-up doctor appointments before fully recovering or the treating physicians have officially released them from treatment. Fear of lost wages and large medical bills can lead to a premature return to work, which can seriously impact your claim. The medical appointments you attend will illustrate the extent of your injuries and establish a medical treatment pattern that shows the potential need for long-term care. Missing scheduled and necessary medical appointments will likely lead to your claims adjuster dismissing or diminishing the severity of your injuries, significantly reducing the value and settlement of your case.

Should you question or challenge an adjuster’s valuation of your claim?

Claims adjusters working directly with an injured party may arbitrarily deny a claim without reviewing or receiving relevant claim-related documentation. If this happens, too many people simply give up on the claim and do not pursue the compensation they deserve. A person with little or no experience handling a personal injury, workers’ compensation, or medical malpractice claim will not know what steps to take to challenge or appeal the decision. Insurance companies are experienced and manipulative, and they expect accident victims to walk away from valid (and valuable) claims—saving the insurance company hundreds of thousands of dollars.

Do not stand alone – Zwick Law is here for you.

Even the most straightforward injury claim can quickly devolve into a nightmare if not properly handled from the very early stages. Remember, claims adjusters have years of experience negotiating claims, while the average person only deals with one or two injury claims in a lifetime. The experienced personal injury and medical malpractice attorneys at Zwick Law understand how vital quality representation is to your claim. We are prepared to review your situation and take over the time-consuming and stressful task of negotiating with the insurance company.

For questions relating to an injury claim, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or e-mail, to schedule a legal consultation and free case analysis. At Zwick Law, we’re always here for you.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

Common Estate Planning Mistakes & How To Avoid The Pitfalls

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Creating an Estate Plan

Creating an estate plan is the best way to pass property and other assets to your loved ones in a manner that suits you and your family. Unfortunately, most adults in the United States do not have a will, and those who do often make serious mistakes that render the will invalid or impractical. To ensure your final wishes are executed properly, spend time creating and updating an estate plan with an experienced attorney who can provide accurate and reliable legal advice. Attempting to create and implement such an important legal document without proper assistance increases your chances of making one of these common estate planning mistakes.

Review Your Estate Plan to Ensure It Is Up to Date

Most people who invest time and money to create a last will and testament and other estate planning instruments do not properly review their estate plan to ensure it is up to date and applicable to changed situations and circumstances. Major life events and changes in circumstances may be overlooked, creating problems for your loved ones after you are gone. Those who neglect to update their estate plans throughout their lifetimes often accidentally omit after-born children and/or grandchildren, name people who predecease them, and/or choose a personal representative they no longer trust. The mere passage of time is reason enough to review your estate planning documents to ensure they remain applicable and coincide with your current intentions.

Your Will Does Not Impact Non-Probate Assets, Such as Life Insurance Policies

Life insurance policies ordinarily designate a primary beneficiary or beneficiaries – the person or persons who will receive all or some of a specified sum of money after the policyholder passes away – and a secondary beneficiary – in the event that the primary designee(s) predeceases the policyholder. Typically, beneficiaries to these policies are spouses, children, siblings, and/or parents. A person who has recently gotten divorced or who is estranged from a relative may no longer wish for that person to receive any part of a life insurance policy. Instead of updating the beneficiary designations with the life insurance company, a policyholder sometimes names a recipient of the policy proceeds in their will. Life insurance companies are required to pay proceeds to the named beneficiary in the policy, even if the designation is contrary to the directives in one’s will. So, while you need to update and review your last will and testament, you also need to review all non-probate assets, such as life insurance policies, annuities, and retirement accounts, to ensure your beneficiary designations remain applicable and coincide with your current intentions.

Keep a Detailed List of Your Assets with Your Important Estate Planning Documents

Leaving assets to family members and loved ones is thoughtful, but if your loved ones do not know where these assets are located or how to find them, receiving an inheritance may turn into a nightmare. Without a detailed list of information on your accounts, real and personal property, and other assets, your personal representative and beneficiaries will have to conduct their own search. Searching for assets is very time-consuming and frustrating, and some assets may go undiscovered for years. Keep a detailed list of your assets with your important estate planning documents to ensure all your assets are passed on to your loved ones.

Name a Trustworthy and Reliable Personal Representative of Your Estate

The personal representative of your estate is responsible for paying your debts, filing your inheritance tax return, and distributing your assets to your named beneficiaries. Being named an executor or executrix is considered an honor, but it is also a serious position that can be unbelievably time-consuming. Naming a child or relative simply because they are oldest or perhaps the favorite is not always the best idea. If the person you name as the personal representative of your estate is disliked, not capable of doing the job, or not trusted by your beneficiaries and other loved ones, your family could seek to have them removed from the position. This is not only time-consuming and expensive, but it can also take its toll on your family for many years to come.

Get Answers to All of Your Questions – Contact Zwick Law

Estate planning is an important, proactive measure to preserve your legacy and ensure your assets stay with and benefit your family after you are gone. When you are ready to create or update your estate plan, consulting with an estate planning and estate administration attorney is highly beneficial. The trusted attorneys at Zwick Law are available to help you determine the best ways to distribute your estate and protect your assets long into the future.

For questions relating to your estate planning needs, contact either C.J. Zwick or Matthew R. Zwick at (814) 371-6400.  At Zwick Law, we’re always here for you!

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

Common Complaints Made Against the Executor of an Estate

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In the probate process when going through the estate administration process, the role of the executor of an estate is one of complete trust and supreme responsibility.  Whomever you choose to serve in this capacity will oversee your final wishes to ensure that the terms outlined in your estate plan are followed. In theory, the person who is the executor of your estate will have few problems with your beneficiaries. In reality, however, it is not unusual for your executor to be at odd with your heirs for a variety of reasons. Being aware of common complaints made against an executor will help you when the time comes to choose someone for that role and help that person prepare to manage your estate.

Conflict of Interest

A person with a small estate and limited beneficiaries will often name a person to execute his or her will, and that person also is commonly named as a beneficiary.  Typically, that is not an issue and the other heirs will understand that being named in a will does not automatically mean that you will not be a fair executor. There are times when an executor has abused that position of trust and your other heirs may grow concerned, if they believe that your executor is focusing on his or her own best interest at the expense of their interests and those of the estate.  Lack of trust may lead to claims of a conflict of interest, in an effort to disqualify your executor from continuing to operate in that capacity.

Mismanaging Funds of Estate

The assets of an estate must be managed properly during the probate process.  Securing all assets is one of the most important roles of the position and is vital if the estate has many assets or outstanding debts.  Transactions must be recorded throughout the process of paying debts, filing tax returns, and distributing bequests using the funds or property available.  Sometimes, heirs will believe that the executor is not properly managing the assets of the estate and may file a complaint out of concern for the security of what they expect to inherit.  While an executor is compensated for his or her time, the amount of compensation may seem nominal in comparison to the value of the estate, leading to unease from heirs who believe the executor will find other ways to be compensated.

Lack of Communication

One of the most time-consuming aspects of serving as an executor is communicating with everyone associated with the estate.  Contacting creditors, keeping the courts informed, and talking to the beneficiaries is not always easy.  Unfortunately, some beneficiaries may not be satisfied with the level of communication they are receiving from an executor.  If they believe that they have not been contacted on a regular basis regarding the status of the estate, then they may initiate a complaint or attempt to get your executor removed.

Talk to an Experienced Attorney a Zwick Law

Choosing an executor is just one of the many things that you must do in order to secure your legacy for your loved ones.  A qualified estate attorney at Zwick Law can guide you through the entire probate process, and help you decide who is best suited to manage your estate while seeing to your final wishes.  The attorneys at Zwick Law are here to provide you with the legal advice and peace of mind that you need and deserve.  Contact us today at 814-371-6400 to schedule an initial consultation.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

In Pennsylvania, Your Doctor Must Personally Obtain Your Informed Consent: Doctor Hospital Lawsuit

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Doctor Hospital Lawsuit

What is “informed consent?”

Informed consent means a physician must inform the patient of all material risks, complications, facts, and benefits involved in any proposed, non-emergency surgical treatment. This allows the patient to make an informed decision about whether to undergo surgical intervention.

Recent PA Supreme Court Decision

The Supreme Court of Pennsylvania recently decided that doctors in Pennsylvania have an affirmative duty to obtain their patients’ informed consent. This duty is non-delegable and only discharged when the physician personally obtains the patient’s consent. The Supreme Court issued this ruling in Shinal v Toms, 162 A.3d 429 (Pa. 2017).

PA Law on Informed Consent in Medical Malpractice Lawsuits

Under Pennsylvania law, before a physician conducts any proposed, non-emergent treatment on a patient, the patient must receive information about the nature of the proposed procedure, as well as the expected and possibly unexpected risks and results. Generally, in Pennsylvania, similar to the majority of other jurisdictions, a physician has an affirmative duty to advise a patient of the facts, risks, complications, and alternatives to a procedure. This duty is required under Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act. With this information, a patient can make an educated or “informed” decision regarding the available options and/or alternatives to medical procedures.

Supreme Court’s Majority Opinion

According to the majority opinion of the Supreme Court in Shinal, the physician must personally give the aforesaid information and obtain the patient’s consent. In other words, unless the treating physician provides the procedure-related information to a patient, the duty to adequately inform is not discharged.

Background of Case

Mrs. Shinal and her husband sued the defendant, Dr. Toms, and Geisinger Clinic in a medical malpractice suit. Mrs. Shinal, who had been diagnosed with a recurrent non-malignant tumor around her brain, alleged that Dr. Toms failed to properly inform her of the risks associated with a surgery to remove the tumor.

Dr. Toms denied breaching his duty to inform Mrs. Shinal. He countered that in a consultation with the Shinals on November 26, 2007, he had explained the risks of the different approaches to the surgery. These risks included possible damage or injury to Mrs. Shinal’s carotid artery and optic nerve.

Dr. Toms felt that Mrs. Shinal had understood the risks and wanted him to try and totally remove the tumor, which, though risky, would give her a better shot at long-term survival. Besides, Mrs. Shinal had a telephone conversation with Dr. Toms’ physician assistant (PA) on December 19, 2007, and the PA had gone through the risks of the procedure with her again at that time.

On January 31, 2008, Mrs. Shinal had an operation to remove the tumor, during which Dr. Toms perforated her carotid artery. As a result of the perforation, Mrs. Shinal sustained a hemorrhage, stroke, brain injury, and partial blindness. This medical malpractice lawsuit ensued shortly thereafter.

Jury Instruction: Informed Consent

The Supreme Court was invited to overrule the decisions of the trial court and the Superior Court, both of which exonerated the Defendant. The reasoning at the lower court and Superior Court had been that the Defendant was not obligated to personally inform the Plaintiff of all the facts, risks, and complications of the procedure. The Superior Court further ruled that the Defendant doctor could be assisted in this duty by his PA.

The trial court judge, before the finding of the jury, directed that the jury could consider any information provided to Mrs. Shinal by “any qualified person” working as an assistant to Dr. Toms.

However, the Supreme Court, with a majority of four justices concurring, held that a doctor was personally obligated to inform a patient of the risks and benefits of the procedure, as well as obtain her informed consent to proceed with the proposed treatment. The case was, therefore, ordered to be retried because, in the opinion of the Supreme Court, the trial court judge was wrong in his instructions to the jury.

Legal Assistance for Doctor Hospital Lawsuit

For questions relating to an medical malpractice issue, contact Matthew R Zwick, partner of Zwick Law, at (814) 371-6400 or mrz@zwick-law.com, to schedule a legal consultation and free case analysis.  At Zwick Law, we’re always here for you.

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

Auto Insurance: Increase in UIM Policy Limit Considered a ‘Purchase’ Requiring New Stacking Waiver

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Federal Court Ruling on Under Insured Motorist (UIM) Benefits

On February 5, 2018, the federal District Court for the Eastern District of Pennsylvania ruled that increasing Under Insured Motorist (UIM) benefits counts as a new purchase of insurance coverage. Therefore, automobile insurance carriers must obtain a new waiver of stacked benefits under the auto insurance policy.

Stacked Benefits in UIM Coverage

Stacked benefits in UIM coverage mean that a person who buys automobile insurance for more than one vehicle under the same policy can choose to purchase up to double the UIM insurance coverage. The Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) requires insurance carriers to offer stacked benefits to every policyholder who buys insurance. If the policyholder decides not to take advantage of the stacked benefits, the insurer must obtain a written waiver of those benefits.

Example of Stacked Benefits

If you insure two cars for $20,000 each, you are eligible for stacking benefits that allow you to claim up to $40,000 on each vehicle. The MVFRL requires the insurer to offer this option to every insured. If the insured declines, the insurer must obtain an express written waiver of the option to purchase stacked benefits.

Court Case: Barnard v Travelers

According to the Pennsylvania Eastern District Court in Barnard v Travelers, No. 17-00290, whenever an insured chooses to increase the amount of coverage under their UIM policy, the insurance carrier must obtain a new written waiver of stacked benefits as required by the MVFRL.

Background of the Case

Michelle Barnard, the Plaintiff, held a UIM policy with The Travelers Home and Marine Insurance Company, the Defendant, since 2007. When she initially secured the policy, she had UIM coverage limits of $50,000 for each of her two vehicles 6. At the time of purchasing the initial insurance coverage, she signed a written waiver of stacked benefits under that policy, waiving her right to stack UIM benefits under her policy. With that, the maximum amount of UIM benefits she could claim under her policy was $50,000.

In May 2009, Ms. Barnard increased her third-party liability coverage limits under the policy from $50,000 to $100,000 on each insured vehicle. This meant she would have been entitled to claim up to $200,000 on each car, as per her allowable stacked benefits. Notably, Ms. Barnard did not sign any written waiver of her stacked benefits upon this increase in coverage.

When Ms. Barnard was injured in a car accident on June 17, 2016, she submitted a UIM claim under her policy with Travelers Insurance. Travelers tendered $100,000 in UIM benefits to Ms. Barnard, assuming she had waived her option to stack her UIM benefits in 2007. Ms. Barnard rejected this tender and sued Travelers, claiming she was entitled to more than was tendered.

Increase in UIM Limit is a “Purchase”

Travelers argued before the Eastern District Court that it had no duty to obtain a new waiver of stacked benefits under the policy, even after Ms. Barnard increased her liability insurance coverage limits in 2009. Travelers claimed the initial 2007 waiver was still in operation and effective, despite the increased coverage purchased by Ms. Barnard in 2009.

The federal district court rejected Travelers’ argument. Judge Gerald McHugh held that the language of the MVFRL requires a renewed waiver of stacked benefits when liability coverage limits are increased or purchased. According to Judge McHugh, because an increase in coverage under an existing policy requires an insured to pay a higher premium, an increase in coverage limits qualifies as a “purchase” as defined by the MVFRL. As a result, the court ruled that Travelers should have obtained a new waiver of UIM stacked benefits in 2009 when Ms. Barnard increased her liability insurance limits. Pursuant to the district court’s ruling, Travelers was responsible for paying Ms. Barnard up to $200,000 in UIM benefits under her policy.

Contact Zwick Law

For questions relating to the MVFRL and Pennsylvania auto insurance coverages, please contact Matthew R. Zwick, partner of Zwick Law, at (814) 371-6400 or by e-mail, to schedule a legal consultation. At Zwick Law, we’re always here for you

*The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

LEVEL THE PLAYING FIELD – TACTICS USED TO REDUCE OR DENY PERSONAL INJURY CLAIMS

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After the occurrence of an accident, which results in personal injuries to you or a loved one, it is not unusual for a claims adjuster from a liability insurance carrier to contact you to express sympathy and offer assistance in a time of need.  While the adjuster’s friendliness and solicitude may seem legitimate, the insurance adjuster’s primary function is to save his employer (i.e., the liability insurance company) money by reducing or greatly diminishing the settlement of your claim.  The tricks and tactics that insurance adjusters use to reduce or deny claims have affected hundreds of people throughout the years—which is why it is very important that all accident victims learn to recognize some of the most commonly utilized methods employed by insurance carriers and claims adjusters.

Becoming fully aware of commonly known tricks and tactics may help you or your loved ones avoid making an error that could prove extremely damaging to a personal injury claim.

Take it Slow – Don’t Rush into a Personal Injury Settlement

In many instances, accident victims require numerous doctor visits, medical and psychological treatment and extended time off of work before the scope and extent of their injuries are fully recognized and appreciated.  As the scope and extent of medical care and treatment increase, so does the potential settlement value of your case.  The first trick that many claims adjusters may utilize to reduce the payout on your case, is to rush the settlement process in order to close your claim before you receive all of the medical care that you need and deserve.

Ensure that You Receive Full Compensation – Don’t Accept Deliberate Underpayments

A claims adjuster also may intentionally send you less insurance money than your injuries and necessary treatment warrant.  In the overwhelming majority of cases, receiving and accepting payment from a liability insurance company means that you intend to enter a full and final settlement of your claims.  In other words, payment from an insurance company for injuries caused by its insured, often times represents full and complete payment on your injury claim.  After you have deposited or cashed the check, you will not be able to request additional compensation in the future—even if you later discover the amount you received is not enough to cover your medical bills and other accident-related expenses.

Take it Slow, But Not too Slow – When is the Right Time to Settle?

Many claims adjusters know that being out of work, while simultaneously accumulating medical debt, can be very stressful and intimidating.  Adjusters often develop various methods to stall the claims process, knowing—or at least hoping—that the longer the process takes, the more likely you are to accept a lesser amount of money to settle your claim.  In other cases, an adjuster also may hope that stalling or delaying a claim will cause an injured party to overlook a statute of limitation deadline, which could have the legal effect of barring a monetary recovery on your injury claim forever.

Level the Playing Field – Contact Zwick Law

Almost all insurance companies and adjusters want injured parties to avoid consulting with an experienced personal injury attorney—an attorney who will recognize their deceiving tricks and tactics.  The primary objective of a claims adjuster is to settle claims as inexpensively as possible, or even deny the claim in its entirety.  Throughout the settlement process, many adjusters will discourage you from consulting with an attorney, all while providing you with hope that they will work with you to settle the situation fairly (and, untimely, at a value much lower than you deserve).

If you or someone close to you is involved in an accident, the best thing to do is to contact a personal injury attorney immediately.  An experienced attorney, who is dedicated to being your advocate, will ensure that your claim is handled professionally, fully and fairly throughout the entire process – from injury to absolute compensation.  At Zwick Law, our experienced team takes pride in representing our clients diligently and aggressively through every stage of a claim.

With offices conveniently located in DuBois, Pennsylvania, we are standing by to provide you with the peace of mind you deserve.  For questions concerning a personal injury claim, contact Matthew R. Zwick at (814) 371-6400 or mrz@zwick-law.com, to schedule a free legal consultation and case analysis.  At Zwick Law, we’re always here for you.[1]

**The use of the Internet, Facebook and/or any other form of social media communication with the firm or any individual member of the firm does not establish an attorney-client relationship.  Time-sensitive information should be directed immediately to the office of Zwick Law at (814) 371-6400.

 

TOP THREE ESTATE PLANNING MISTAKES

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Last Will and Testament

Protecting your loved ones by creating an estate plan is very important — it gives those closest to you clear instructions on how to carry out your final wishes. Unfortunately, even a small estate planning mistake can cause months or years of probate-related confusion. To avoid difficult and expensive problems, not only should you consult with any attorney to create or edit your estate plan, but you also should discuss your wishes with those closest to you. Being aware of these three common estate planning errors can help you better protect your beneficiaries and secure the legacy you have left to your heirs.

No Records

The records you leave behind are a vital part of administering your estate. Without proper documentation, it becomes difficult for your executor and heirs to locate property, recover assets, and verify the estate’s outstanding debts. In some well-known cases, the family was not even able to locate the will that was created, causing numerous problems for everyone involved. When working on your estate plan, be sure to include detailed information and records that explain the location of your bank accounts, life insurance policies, tax information, etc.  It also is vital that your family knows where your will and important documents are stored.

Choosing the Wrong Executor

An executor is someone who should be trustworthy and reliable — after all, your executor is responsible for distributing your assets and adhering to your final wishes as outlined in your estate plan. However, no matter how thorough you feel your estate plan is, being an executer is still hard work and extremely time consuming. You must choose an executor who has the ability to dedicate him or herself to the long process of managing your affairs. Your executor will need to work alongside your attorney; remain in contact with your beneficiaries; care for your assets; file your final tax return; and more. If you choose someone who does not have time to communicate with your beneficiaries; has a conflict of interest; or otherwise cannot perform the duties, then the probate process could turn into a disaster for your heirs.

Establishing a Trust Incorrectly

Establishing a trust is one way to pass assets on to your heirs without incurring large tax penalties or jeopardizing any government benefits that your heirs receive. However, if a trust is established incorrectly, then it could cause the same financial harm that it was intended to avoid. Even if the trust itself seems to be established with no problems, other issues such as appointing the wrong trustee; not designating your beneficiaries correctly; and not updating the trust on a regular basis, can cause problems for those you were planning to help.

Contacting Zwick Law to Review Your Estate Plan

Regardless of the size of your estate, contacting an estate planning and estate administration attorney is highly recommended. At Zwick Law, we are able to make suggestions based on your unique situation, to help you create the best estate plan for your circumstances. Our team is dedicated to providing clients with the assistance that they need. We understand that estate planning is a sensitive topic for most families — but it is necessary to protect your family and future.  Contact us at one of our conveniently located offices in DuBois and Brookville, Pennsylvania, to schedule a legal consultation. At Zwick Law, we’re always here for you.[1]

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