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Stroudsburg Personal Injury Law Blog

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Who pays when you get into a crash in a chauffeured vehicle?

As a Pennsylvanian who has been involved in an accident while in a chauffeured vehicle, it leaves you in a bit of a complex situation. You may also be wondering exactly who will be picking up the tab in the event that someone is injured, whether that person is you or someone else in the other vehicle.

Fortune relates a story in which one passenger was in a vehicle driven by a company driver when that driver hit another car. Though no injuries were reported, there was significant damage done to the other vehicle. In this situation, the passenger wondered if they would be involved in the insurance proceedings. The passenger was not, and you shouldn't be either due to the fact that you aren't driving the vehicle, nor do you own it.

3rd Circuit Finds Duty of Compelled Decryption Despite 5th Amendment

harddisk-3-1540583-640x428.jpgJudge Thomas Vanaskie, writing for a panel of the 3rd Circuit, ruled on Monday that a criminal defendant must reveal the passwords to his encrypted hard drives despite his 5th Amendment right against self-incrimination.

What are future damages?

As a resident in Pennsylvania who has lost a loved one in a car accident, you may be wondering how you will continue to handle financial matters on your own in the future. Those of us at Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C. will explain how it will be possible for you to keep supporting yourself.

Outside of the devastating emotional loss and pain that the death of a loved one can cause, there are often also financial matters to take into consideration. Your life can be severely impacted by a loved one's death in a financial way if they were the primary bread-winner of the household, leaving you struggling suddenly to keep up with the income level that you had before. This can lead to a lower quality of life, which is an additional stress that you shouldn't have to experience during a period of grief.

Losing Attorney/Client Privilege by Uploading Unencrypted Docs to "Box"

computer-keyboard-2-1498487-640x480.jpgThis is a warning for attorneys practicing in a paperless environment. Posting unencrypted documents to cloud-based storage systems such as Box, Google Drive, and Dropbox might cause a waiver of attorney-client privilege.

What does a living will cover?

Living wills are not just for your grandparents. In fact, younger residents in Pennsylvania just like you may want to consider the usefulness of having a living will, even if you aren't among any of the higher risk groups such as the infirmed or elderly.

The American Bar Association states that a living will essentially covers everything you would need taken care of in the event that you are no longer able to make decisions for yourself. You might automatically think of this as occuring much later in life. However, situations in which you lose the ability to make decisions can include sudden and unexpected accidents, or illnesses that cause rapid deterioration in the patient.

Is it still dangerous to drive if your BAC is below .08?

Pennsylvanian drivers are aware of the illegality of driving after drinking, particularly if your blood alcohol level (BAC) is .08 or higher. But what if your BAC is lower than that? Is it safe for you to drive just because you couldn't be charged with a DUI?

The first thing to note is that, according to the Pennsylvania Department of Transportation, the legal alcohol limit was lowered from .10 to .08 in 2003. However, anything below .08 is still technically not punishable, as all charges and consequences correspond with a BAC of .08 or higher.

What's the difference between executors and administrators?

As a Pennsylvanian resident dealing with estate administration issues for the first time, there are likely terms you will come across that you have never heard before. For example, executors and administrators: you may have been named as one, but what do they mean? What are the differences between the two?

As it turns out, the differences are not in the job description, but rather in where the titles come from. According to the Free Dictionary, both executors and administrators are both representatives of the deceased and officers of the court. This means that it's your duty to act both on behalf of the court itself, and on behalf of the deceased person in question. It's a lot of responsibility, as estate management is entirely up to you under either title.

Is bankruptcy a good thing?

Pennsylvanian residents like you may have grown up understanding bankruptcy to be "bad". It has a certain stigma that, while fading in recent years, is still very much alive and well. We here at Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C. wish to help dispel the reputation that bankruptcy is a bad thing.

Naturally, being in enough debt to consider filing for bankruptcy is less than desirable. However, bankruptcy itself can be an exceedingly helpful tool when used in the right way. It is common for people like you to grow up thinking that needing to file for bankruptcy is some sort of defeat or humiliation. You may even feel ashamed to take the aid, but bankruptcy can sometimes be the only way to dig yourself out of debt. 

Does an heir have to be a blood relative?

As a Pennsylvanian resident who is looking into drafting your will, you may be wondering more about the details and legal definitions of an heir. For example, one of the most frequently asked questions is: does your selected heir have to be related to you by blood?

Though this used to be the case in distant times passed, there is no legal statute saying that it is necessary. In fact, only allowing property to be passed through the hands of blood relatives is generally abolished by statute in the modern day. According to the Legal Dictionary, an heir related to you by blood is called an "heir of the body", meaning they were either conceived by or born of you. Children of these people can also be considered an heir of the body.

Why do motorcyclists face extra danger?

As a motorcyclist in Pennsylvania, you may have heard that the crash statistics for bikers like you are usually higher or more dangerous than for other types of drivers. We here at Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C., will lay out exactly why that is.

The first thing you should know is that the body of a vehicle can simultaneously be a danger to a driver, but more often protects them. While they risk being trapped inside if the cage crumples, the cage itself is also incredibly sturdy and meant to bear the force of large impacts. This means that a driver can be rolled around, bashed, or crashed, and they will likely not make contact with the ground.

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Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C.
712 Monroe Street
Stroudsburg, PA 18360

Phone: 570-234-0344
Toll Free: 800-506-0191
Fax: 570-424-9739
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