Newman Williams, P.C.Newman Williams, P.C.2026-08-12T18:46:27Zhttps://www.newmanwilliams.com/feed/atom/WordPress/wp-content/uploads/sites/1404881/2019/12/cropped-favicon-min-32x32.jpgOn Behalf of Newman Williams, P.C.<![CDATA[Is breach of contract a tort?]]>https://www.newmanwilliams.com/?p=538172026-08-12T18:46:27Z2026-08-12T08:05:46ZWhat is a breach of contract?
A breach of contract occurs when one party fails to perform the obligations outlined in a legally binding agreement. Pennsylvania recognizes contracts as enforceable promises between parties. When those promises are broken without legal justification, the injured party may seek remedies through the courts.
Types of contract breaches
Pennsylvania law recognizes four categories of contract breaches:
Material breach: A serious failure that defeats the main purpose of the contract. The non-breaching party may then have legal grounds to stop their own performance.
Minor or partial breach: A less significant failure where the overall contract is mostly completed. However, one party did not fully meet all terms.
Anticipatory breach: When one party signals in advance that they will not perform. This gives the non-breaching party legal grounds to address the situation before the breach occurs.
Actual breach: A failure to perform when performance is due, or defective performance according to the contract terms
The type of breach matters because it directly affects what remedies are available. Pennsylvania courts look closely at the nature of the breach when determining how to resolve a dispute.
What is a tort?
A tort is a wrongful act or omission that results in harm or loss to another person. Tort law does not require an agreement between the parties. Instead, the law itself imposes duties on all individuals and businesses. When someone violates one of those duties and causes harm, the injured party may have the right to file a tort claim. In Pennsylvania, injured parties must file most tort claims within two years.
Common types of torts
Pennsylvania tort law covers a wide range of harmful conduct. While many situations fall under tort, most claims fit into one of three main categories.
Negligence: Failing to act with reasonable care, which results in harm to another person
Intentional torts: Deliberate harmful acts, such as fraud, defamation or assault
Strict liability: Liability that applies regardless of fault or intent, often in cases involving dangerous products or activities
Each category carries its own legal standards and requirements for proof. The category your claim falls under will shape how your case is built and what compensation may be available to you.
Breach of contract vs. tort: Key differences
Source of legal duty
In a contract claim, the duties come from what the parties agreed to. In a tort claim, the law imposes those duties on everyone. No prior agreement is required.
Nature of harm
Breach of contract cases typically center on financial or economic losses. For example, a contractor who abandons a project causes the property owner a measurable financial loss. Tort cases often involve personal injury, property damage or other harm that goes beyond the terms of any agreement.
Available damages
In breach of contract cases, courts generally limit damages to losses that were foreseeable when the parties formed the contract. Tort law allows for broader compensation, including damages for pain and suffering. In certain cases, Pennsylvania courts may also award punitive damages for especially harmful or reckless conduct.
Burden of proof and legal standards
Both types of claims require proof of duty, causation and damages. In tort cases, the plaintiff must show that the defendant owed a legal duty, violated it and caused measurable harm as a result. In contract cases, the focus stays on the terms of the agreement and whether a party failed to meet those terms.
Can a breach of contract also be a tort?
Yes, certain conduct can give rise to both a breach of contract claim and a tort claim at the same time. Pennsylvania courts apply what is known as the "gist of the action" doctrine. This prevents a party from simply relabeling a contract dispute as a tort to access wider damages. For a tort claim to stand alongside a contract claim, the tort must rely on a duty that exists independently of the contract itself.
When to speak with a contract lawyer
Cases involving both contract and tort claims require careful legal analysis. Misclassifying a claim can affect what damages a court may award and the overall direction of your case. A breach of contract is typically not a tort. However, overlap does exist in certain situations.
If your situation involves a contract dispute or conduct that may also qualify as a tort, speaking with a Pennsylvania contract lawyer can provide clarity. Contact our firm today to schedule a consultation.]]>On Behalf of Newman Williams, P.C.<![CDATA[Are wrongful death settlements taxable in Pennsylvania?]]>https://www.newmanwilliams.com/?p=538062026-06-11T12:56:35Z2026-06-02T13:48:23ZLosing a family member due to someone else's negligence is one of the hardest things a family can face. On top of the grief, financial questions start piling up fast. If your family expects a wrongful death settlement, you may wonder whether taxes will take a portion of it. Most wrongful death settlements are not taxable in Pennsylvania, though some exceptions may apply.
Understanding wrongful death settlements in Pennsylvania
Pennsylvania's Wrongful Death Act gives certain family members the right to seek compensation after a loved one dies due to someone else's negligence. A spouse, children or parents of the deceased may qualify to file a claim. These claims typically cover:
Medical expenses: The cost of care your loved one received before they passed
Funeral and burial costs: The expenses your family paid to lay your loved one to rest
Lost income and financial support: The wages your loved one would have contributed to the family over time
Loss of companionship: The love, guidance and support your family will no longer have
Understanding what these damages cover makes it easier to see how taxes might apply to each one.
Are wrongful death settlements taxable under federal law?
The IRS generally does not count wrongful death settlement funds as taxable income. A federal tax rule — Internal Revenue Code § 104(a)(2) — says that money paid for physical injuries or death is not taxable. These payments exist to replace what your family lost, not to create extra income. Pennsylvania follows this same approach. Wrongful death payments also typically go directly to family members rather than passing through the deceased's estate.
Exceptions: When portions of a settlement may be taxable in Pennsylvania
Some parts of a wrongful death settlement may still carry a tax obligation, so it helps to know what to watch for.
Punitive damages
Punitive damages punish the at-fault party rather than compensate your family for a specific loss. The IRS treats this type of payment as taxable income, even when the rest of the settlement is not.
Interest on the settlement
If a settlement builds up interest before it gets paid out, that interest counts as taxable income at both the federal and state level.
Emotional distress not tied to physical injury
Money awarded for emotional distress may be taxable if it does not connect directly to a physical injury or the death itself.
Previously deducted medical expenses
If your family previously claimed certain medical expenses as a tax deduction and the settlement reimburses those same costs, that money may be taxable.
Do you have to pay Pennsylvania inheritance tax after a wrongful death?
Wrongful death proceeds typically avoid Pennsylvania's inheritance tax because the money goes straight to the family rather than through the estate. Survival action proceeds, or funds that cover damages the deceased could have claimed had they survived, may face inheritance tax. Pennsylvania exempts surviving spouses from this tax entirely. Children under 21 also pay nothing. Other beneficiaries may face varying rates depending on their relationship to the deceased.
How settlement structure can affect taxes
The way a settlement breaks down the money can significantly affect how much your family owes in taxes. Clearly separating compensatory damages from punitive damages within the settlement leaves less room for confusion. A vague lump-sum payment without a clear breakdown can lead to unnecessary tax complications. Structuring the settlement to maximize compensatory damages may help your family keep more of what it receives.
How to minimize taxes on a Pennsylvania wrongful death settlement
Taking careful steps after reaching a wrongful death settlement could help your family hold onto more of what it receives. A few deliberate steps during the settlement process could go a long way toward reducing your family's tax burden:
Make sure the settlement clearly spells out what each payment covers as vague agreements can create tax problems down the road
Avoid accepting a lump-sum payment without a clear breakdown of what the money represents
Plan ahead for any parts of the settlement that may carry a tax obligation so your family is not caught off guard
Consider working with both a personal injury attorney and a tax professional to make sure your family's money stays protected
Getting these details right from the start could mean the difference between keeping and losing a meaningful portion of your compensation.
When to speak with a Pennsylvania wrongful death attorney
Managing a wrongful death claim while carrying the weight of grief is a tremendous burden for any family. The right legal guidance could help your family maximize compensation, structure the settlement wisely and avoid costly tax mistakes along the way.A wrongful death settlement may offer your family a real path toward financial stability after an unimaginable loss. Understanding what you may owe in taxes and planning ahead for it could protect your finances for years to come. It's a good idea to contact a wrongful death lawyer to help you understand your options.
]]>On Behalf of Newman Williams, P.C.<![CDATA[What is an advance health care directive?]]>https://www.newmanwilliams.com/?p=537712026-04-30T20:06:20Z2026-04-30T20:06:20ZTypes of advance health care directives in Pennsylvania?
There are two types of health care directives people often use in Pennsylvania. They include:
Living wills: Also known as a physician's directive, a living will provides specific instructions regarding life-sustaining treatment. It can also outline medical care preferences in the event you suffer a terminal condition or permanent unconscious state.
Health care power of attorneys: Also known as a health care agent, a health care POA can let you appoint a trusted individual to make medical decisions on your behalf. While similar to a living will, a health care power of attorney can offer broader decision-making power.
In Pennsylvania, combining these documents into a single, comprehensive directive can provide thorough coverage of your health care and medical preferences.
What's included in an advance health care directive?
Most health care directives have several important components. Those components can include:
A designated health care agent: This is typically an individual you appoint to make medical decisions on your behalf if you become incapacitated.
Medical treatment preferences: These preferences can provide instructions regarding specific life-sustaining treatments that you would or would not want, such as ventilators or feeding tubes.
Pain management and comfort care: This can allow you to state your preferences for comfort care, even if it may shorten your life.
Organ donation and other wishes: This can include preferences for organ donation, funeral arrangements and other personal matters upon your death.
HIPAA authorization: This can grant your health care agent access to your private medical information. That way, they have the information they need to make informed decisions on your behalf.
No matter which of these elements you choose to include, having a tailored health care directive can help you make sure your medical wishes and instructions can get carried out by people you trust.
Living wills and plans for medical emergencies – make sure your wishes are followed
At [nap_names id="FIRM-NAME-2"], our attorneys assist clients throughout Pennsylvania in creating advance health care directives that are tailored to their needs and wishes. We take into account family dynamics and existing health care conditions.
If you wish to prepare for the future and any emergencies that could arise, please contact our Stroudsburg law offices today for a free consultation. Call us at [nap_phone id="LOCAL-CT-NUMBER-3"].
Our lawyers take the time to sit down with each client and craft a health care directive that addresses all types of emergencies and potential end-of-life scenarios. Living wills are often accompanied by establishing a power of attorney. This allows the individual to grant one person the authority to make medical decisions on his or her behalf in case of incapacity. The power of attorney must abide by the details of the health care directive or living will.
These vehicles are essential components of a comprehensive estate plan. No matter what your situation or your estate, it is important that you have a legal plan in place that will protect your interests and your family. We are committed to providing you with the legal representation you need during the planning process.]]>On Behalf of Newman Williams, P.C.<![CDATA[What is Chapter 7 bankruptcy?]]>https://www.newmanwilliams.com/?p=537542026-04-30T19:47:27Z2026-04-30T19:42:33ZWhat is Chapter 7 bankruptcy and is it right for uou?
Today, there are two common forms of bankruptcy relief, Chapter 7 and Chapter 13. Chapter 13 is sometimes called wage-earner bankruptcy. It seeks to stretch out payments so that they are achievable. Chapter 7 is often referred to as liquidation bankruptcy. It is for people who are simply unable to pay their debt, no matter how the payments might be rescheduled.
Chapter 7 can be appealing for people with significant unsecured debts, such as medical or credit card debt. Very often, people seeking Chapter 7 protection have experienced downturns due to the economy, health problems or divorce.
Those who meet qualifications for Chapter 7 can often discharge these debts without owing any more to creditors. People can typically complete the process within six months.
Will you lose your property in a Chapter 7 bankruptcy?
You may worry about having to liquidate certain assets when filing Chapter 7 bankruptcy. However, there are ways to protect your assets through certain exemptions. Here is how it can work:
Exemptions: In Pennsylvania, you have the option to choose between state and federal bankruptcy exemptions. These exemptions can determine which of your assets you can shield from creditors. Our lawyers can help you decide which set of exemptions offers the most protection for your specific situation.
Keeping your home: While Pennsylvania doesn’t have a state homestead exemption, you can use federal homestead exemptions to protect a portion of your home's equity. Additionally, if you own your home as "tenants by the entirety" with your spouse, it may have protections against individual creditors.
Protecting your vehicle: You can use both state and federal exemptions to protect your vehicle equity. If your vehicle equity is covered by an exemption, you can typically keep it.
Retirement accounts: Retirement accounts such as 401(k)s and IRAs can typically receive protections under both state and federal exemptions.
Nonexempt property: If you have property that exceeds the exemption limits, that may be risky. However, many people find that their essential assets are protected.
If you want to know which exemption options may be effective for you, work with one of our seasoned bankruptcy attorneys today. They can provide you with the knowledge and reassurance you need to navigate the process effectively.
How can Chapter 7 bankruptcy help you?
Filing for Chapter 7 bankruptcy can provide several tangible benefits that can offer relief and peace of mind for individuals facing financial difficulties. Here’s how it can help:
Immediate relief with an automatic stay: With Chapter 7 bankruptcy, an automatic stay can go into effect immediately. An automatic stay can put a stop to all collection and garnishment efforts so you can focus on getting your finances in order.
Stop creditor harassment: If you are dealing with financial hardship, chances are you are facing harassing letters and phone calls. Chapter 7 bankruptcy can stop creditors from harassing you for a certain period through an automatic stay.
Prevent wage garnishment and bank levies: Chapter 7 bankruptcy can also stop creditors from taking wages out of your paycheck or gaining control of your bank accounts. That way, you can utilize the money you have to provide for yourself while you reconfigure your financial picture.
Peace of mind: Filing Chapter 7 bankruptcy can offer peace of mind. When you know that you have a path to financial recovery, you can pursue a fresh start without the overwhelming burden of unsecured debt.
If you have any additional questions about whether Chapter 7 bankruptcy is right for you, please do not hesitate to reach out.
Contact our office to discuss discharging your unpayable debt in a free consultation
Contact our office today to discuss your bankruptcy questions with a Stroudsburg, Pennsylvania, Chapter 7 bankruptcy attorney. We are available between 9 a.m. and 5 p.m. Monday through Friday and by appointment at other times.
You can reach our attorneys by phone at [nap_phone id="LOCAL-CT-NUMBER-3"] or via email to schedule a free initial consultation with a lawyer.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.]]>On Behalf of Newman Williams, P.C.<![CDATA[What is Chapter 13 bankruptcy?]]>https://www.newmanwilliams.com/?p=537502026-04-30T19:46:43Z2026-04-30T19:38:15ZThe difference between Chapter 7 And Chapter 13 bankruptcy
Many people think that bankruptcy means discharging all debt and wiping the slate clean. While Chapter 7 bankruptcy may look that way, Chapter 13, or “wage-earner’s bankruptcy,” allows debtors to repay much of their debt over three to five years. The inner workings of Chapter 13 bankruptcy are foreign to most people who have not been through the process themselves. Read on to learn more about how Chapter 13 works, what the process is like and what kind of results you can expect.
Here is a breakdown of what they are similar to and different:
Like Chapter 7, Chapter 13 triggers an instant automatic stay – a warning from the courts that you have filed for Chapter 13 and that no efforts may be made to collect on your debts while your case is in process.
Like Chapter 7, Chapter 13 allows for the discharge of some unsecured debt, such as medical expenses and credit cards.
Unlike Chapter 7, Chapter 13 has the power to stop foreclosure in its tracks, provided it is invoked prior to the sale of your home.
Unlike Chapter 7, Chapter 13 does not relieve you of responsibility for paying your secured debts. You will have to make monthly payments to your trustee for three to five years. You may have to pay back a portion of your unsecured debt as well.
There are many differences between the two chapters, along with the unique features and requirements of Chapter 13. Our lawyers will lay out a course of action for you, will do most of the application work for you and will keep you up to date as your case progresses.
The Chapter 13 bankruptcy process
While it is possible to file bankruptcy on your own, it is in your best interests to work with an attorney who can guide you through the process and advocate on your behalf.
To file Chapter 13, you will need several documents, including:
Your most recent federal tax return
A list of your creditors and the amount owed to each
A list of properties you own
An accounting of your living expenses
Your income and its source
After your initial filing, you and your attorney will propose a repayment plan that will repay as much of your debt as possible over three to five years. Once the court approves a repayment plan, you will make regular payments to a court-appointed bankruptcy trustee. The trustee distributes the payment to your creditors in accordance with your plan.
At the end of the term outlined in your repayment plan, your remaining unsecured debts are wiped clean.
What are the benefits of Chapter 13 bankruptcy?
This process has many benefits for debtors, including:
Individual creditors may not contact you directly but must go through your trustee.
You can typically keep property like a home or car while paying off your debts.
A Chapter 13 repayment plan can help protect your home if you are at risk of foreclosure.
If you have further questions about Chapter 13 bankruptcy and whether it's the right option for you, do not hesitate to reach out.
Contact our office to discuss an affordable payment reschedule in a free consultation
Contact our office today to discuss your bankruptcy issues with our experienced Stroudsburg Chapter 13 bankruptcy lawyers. We are available from 9 a.m. to 5 p.m. weekdays and by appointment on weekends. Call us at [nap_phone id="LOCAL-CT-NUMBER-3"] or communicate via email to schedule a free initial explanatory consultation with an attorney.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.]]>On Behalf of Newman Williams, P.C.<![CDATA[Is workers’ compensation mandatory in Pennsylvania?]]>https://www.newmanwilliams.com/?p=537162026-04-06T14:02:08Z2026-04-06T14:02:08ZPennsylvania Workers' Compensation Act, this system exists to provide a balanced safety net. It ensures that injured employees receive medical support and wage replacement while protecting employers from costly personal injury litigation.
What is workers’ compensation insurance?
This is a "no-fault" insurance system, meaning an injured worker does not need to prove employer negligence to receive benefits. Standard benefits provided to covered employees include:
Medical expenses: Full coverage for reasonable surgical and medical services.
Wage replacement: Payments usually calculated at two-thirds of the worker's average weekly wage.
Disability benefits: Financial compensation for total or partial loss of earning power.
Death benefits: Support for surviving dependents in fatal workplace accidents.
These benefits are the exclusive remedy for most workplace injuries, preventing employees from suing their employers for pain and suffering in exchange for guaranteed medical and wage support.
Which employers must carry workers’ compensation insurance?
Pennsylvania law requires nearly every employer to carry coverage if they have at least one employee. This mandate applies regardless of whether the staff is full-time, part-time, or seasonal. Under state law, the burden of providing this insurance rests entirely on the employer.
Are there any exceptions to workers’ compensation requirements?
While the law is broad, a few specific exemptions exist:
Sole proprietors: Individuals with zero employees are not required to cover themselves.
Independent contractors: Genuine contractors are exempt, though "misclassification" remains a frequent subject of legal disputes.
Casual laborers: Those whose employment is occasional and not in the regular course of the employer's business.
Religious exemptions: Specific groups, such as the Old Order Amish, may qualify for waivers.
The Department of Labor and Industry monitors these exemptions closely to ensure that employers do not improperly label employees as contractors to avoid paying premiums.
What happens if an employer does not have workers’ compensation insurance?
Criminal charges: Intentional failure to insure is classified as a third-degree felony.
Fines: Administrative penalties of up to $2,500 per day of non-compliance.
Civil liability: Employers lose their immunity and can be sued in civil court for full damages.
Legal intervention is vital if an employer claims you are an "independent contractor" to avoid paying, or if a valid claim is denied.
When to speak with a Pennsylvania workers' compensation attorney
Navigating the state's bureaucracy requires technical expertise, especially when an employer is non-compliant or disputes the severity of an injury. Legal guidance is essential in the following situations:
Denied claims: If an insurer or employer refuses to acknowledge a legitimate workplace injury.
Benefit disputes: When payments do not reflect your true average weekly wage or medical treatments are unfairly restricted.
Misclassification: If your boss claims you are an "independent contractor" to avoid providing mandatory coverage.
If you have been hurt at work, do not navigate these complex legal waters alone. Talking with an attorney can protect your long-term recovery and ensure you receive the full compensation allowed by law.
]]>On Behalf of Newman Williams, P.C.<![CDATA[Attorney Geiger to Present on AI in Legal Practice at Carbon County Bar Association Bench Bar Conference]]>https://www.newmanwilliams.com/?p=537112026-03-25T10:19:37Z2026-03-25T10:17:18Z
On April 24, 2026, NW Shareholder, Gerard J. Geiger, will be presenting at the Carbon County Bar Association Bench Bar Conference, sharing his insights on the transformative role of artificial intelligence in the legal field.
Jerry’s presentation, titled “AI in Your Practice: From Ethical Minefield to Competitive Edge,” will address how AI is changing the practice of law, the potential pitfalls for lawyers using it, and why understanding this technology is essential for modern legal practitioners.
He will also highlight the ways in which AI can significantly benefit both lawyers and their clients, positioning it as a powerful competitive advantage for those who take the time to understand and use it effectively. This session promises to provide valuable insights for attorneys and judges in Carbon County as they navigate the rapidly evolving landscape of legal practice enhanced by AI.
Jerry regularly appears in both state and federal courts and has significant experience defending civil rights claims in federal and state courts in eastern and central Pennsylvania. He frequently presents on emerging issues affecting the practice of law, including the impact of technology and artificial intelligence and has an active mediation practice.]]>On Behalf of Newman Williams, P.C.<![CDATA[You Have the Right to Remain Informed: Commemorating 60 Years of Miranda v. Arizona]]>https://www.newmanwilliams.com/?p=537092026-03-25T08:37:50Z2026-03-25T08:37:11ZOn Behalf of Newman Williams, P.C.<![CDATA[Alex Marek for Monroe County Judge]]>https://www.newmanwilliams.com/?p=535382025-10-16T06:40:39Z2025-10-16T06:40:39Z
]]>On Behalf of Newman Williams, P.C.<![CDATA[Partner Gerard J. Geiger Presents on Mediation at Monroe County Bench/Bar Conference]]>https://www.newmanwilliams.com/?p=535392025-10-16T06:39:04Z2025-10-16T06:39:04Z
On April 24, 2026, NW Shareholder, Gerard J. Geiger, will be presenting at the Carbon County Bar Association Bench Bar Conference, sharing his insights on the transformative role of artificial intelligence in the legal field.
Jerry’s presentation, titled “AI in Your Practice: From Ethical Minefield to Competitive Edge,” will address how AI is changing the practice of law, the potential pitfalls for lawyers using it, and why understanding this technology is essential for modern legal practitioners.
He will also highlight the ways in which AI can significantly benefit both lawyers and their clients, positioning it as a powerful competitive advantage for those who take the time to understand and use it effectively. This session promises to provide valuable insights for attorneys and judges in Carbon County as they navigate the rapidly evolving landscape of legal practice enhanced by AI.
Jerry regularly appears in both state and federal courts and has significant experience defending civil rights claims in federal and state courts in eastern and central Pennsylvania. He frequently presents on emerging issues affecting the practice of law, including the impact of technology and artificial intelligence and has an active mediation practice.]]>