FAQs
Gardner & Stevens, PC
Have a legal-related question? Gardner & Stevens, PC has the answer. Check out these FAQs and give us a call today for more information!
What should I do after a personal injury accident?
After sustaining an injury, obtain medical attention right away. Record the scene by taking photos and collecting witness contact information. Report the incident to the police or property owner, and refrain from discussing who was at fault. Reach out to a personal injury lawyer to safeguard your rights and review your legal options.
How do I know if I have a personal injury case?
If your injury resulted from someone else's negligence—such as in a car accident, slip and fall, or medical malpractice—you may have a valid claim. A lawyer can evaluate liability, damages, and possible compensation during a free consultation.
What types of compensation can I receive for my injury?
You may be eligible for compensation covering medical expenses, lost income, pain and suffering, property damage, and future medical costs. In certain cases, punitive damages may also be awarded if the defendant’s conduct was reckless or intentional.
How long do I have to file a personal injury claim?
The statute of limitations varies by state; however, in Pennsylvania, you generally have two years from the date of injury to either settle your claim or file a lawsuit. Certain claims may have shorter time limits. Failing to meet the deadline may bar you from recovering compensation. An attorney can help ensure your claim is filed within the required timeframe.
How much does a personal injury lawyer cost?
Most personal injury attorneys work on a contingency fee basis, which means you pay nothing upfront. They are only compensated if you win your case, receiving a percentage of the settlement or court award. This arrangement provides access to legal representation without financial risk.
What issues does family law cover?
Family law addresses legal issues involving family relationships, such as divorce, child custody, child support, spousal support, alimony, adoption, prenuptial agreements, postnuptial agreements, and protection from abuse orders (PFAs). A family law attorney can assist in navigating these matters and safeguarding your rights.
How is child custody determined?
Child custody decisions are made based on the best interests of the child. Courts evaluate factors such as each parent’s relationship with the child, the child’s needs, the parent's ability to provide a stable environment, and any history of abuse or neglect. Custody arrangements generally address legal custody (who has the authority to make major decisions regarding education, religion, and healthcare) and physical custody (who the child lives with and the schedule of time spent with each parent).
How is child support calculated?
Child support is generally calculated according to Pennsylvania state guidelines, taking into account factors such as each parent’s income, the number of children, healthcare and education expenses, and the custody arrangement. An attorney can help ensure the child support determination is fair and properly reflects the child’s financial needs.
How are assets divided in a divorce?
The division of assets may be resolved amicably through a postnuptial agreement or determined by court order if an agreement cannot be reached. Relevant factors include, but are not limited to, the length of the marriage, the parties’ ages, incomes, health, and individual needs. An experienced family law attorney can help ensure you are treated fairly and receive what you are entitled to under the law.
Do I need a prenuptial agreement?
A prenuptial agreement (prenup) is not only for wealthy individuals—it can protect both spouses by outlining asset division, debt responsibilities, and financial expectations in the event of a divorce. If you own a business, have substantial assets, or have children from a prior relationship, a prenup can help prevent future legal conflicts.
What is an estate plan, and why do I need one?
An estate plan is a collection of legal documents that specify how your assets will be distributed after your death and designate who will make decisions on your behalf if you become incapacitated. Having an estate plan ensures your wishes are respected and safeguards your family from legal issues. Common estate planning documents include a will and power of attorney, and some individuals may also benefit from a trust.
What happens if I die without a will?
If you die without a will, your estate will be distributed according to Pennsylvania’s intestacy laws. This means the court will determine who inherits your assets, which may not reflect your desires. Having a will allows you to designate beneficiaries and appoint an executor to handle your estate in line with your wishes.
What is the difference between a will and a trust?
A will is a legal document that specifies your wishes for asset distribution, designates an executor to manage your estate, and names guardians for minor children after your death. A trust, however, enables you to transfer assets to a trustee who manages them for your beneficiaries over time. There are many misconceptions about trusts, so consulting with a lawyer can help you understand the benefits and drawbacks of creating one.
When should I update my estate plan?
You should review and update your estate plan whenever you undergo a major life change, such as marriage, divorce, the birth of a child, a significant change in assets, or the death of a beneficiary. It’s also advised to revisit your estate plan every few years to ensure it continues to reflect your wishes and complies with current laws.
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