Pennsylvania Recent Legal Answers from Lawyers

I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete medical records from the hospital and EMS provider in writing. They’re required to give them to you. Once you have the records, schedule an appointment with an independent neurologist or spinal specialist to evaluate the pain you describe. Their exam and imaging can confirm whether the original care fell below the accepted standard and caused lasting harm. If that evaluation supports what you’ve experienced, bring the records and new findings to a medical malpractice attorney as soon as possible. In the meantime, you can also consider filing a written complaint with the hospital’s patient advocate office. Taking these steps will create a clear paper trail, help safeguard your health going forward, and provide a malpractice lawyer with the necessary information to assess your claim.... Read Answer

You may want to begin by finding your husband by using a private investigator, such as Information Network Associates (INA) in Harrisburg, PA. Once he is found, it will be a much easier process to file a divorce complaint and start a support case.  If you choose to retain an attorney first, it may cost you more money as the attorney will still need to attempt to find him.  If he cannot be found, an attorney will file a petition to serve by publication and attach a report from a private investigator concluding that he could not be located despite due diligence to find him as well as an affidavit signed by you as to what you did to try to locate him.  If a judge determines that there is nothing more that can be done to locate him, then permission will be granted to serve him by publication, and you will be required to publish notice of the proceedings in local newspapers in the area of his last known address. However, unless he is actually located, it will be very challenging (and expensive) to pursue any monetary claims against him.... Read Answer

Yes, what you’ve described could potentially be considered medical negligence or even grounds for a medical malpractice claim. Informed consent is a fundamental part of medical care. Patients have the legal right to know what procedures will be performed on them, the risks involved, and the alternatives, unless it's a true emergency situation. If a retina specialist performed surgery without explaining what was being done and then failed to disclose complications like infections or the need for emergency follow-up procedures, that could violate both legal and ethical standards. Medical malpractice claims typically require showing that the doctor breached the standard of care and that this caused harm. A lack of informed consent, undisclosed infections, and refusal to explain the care provided could all support that argument. It would be wise to contact a medical malpractice attorney as soon as you can. They can review your medical records, assess whether the doctor’s conduct violated your rights, and help determine if you have a case.... Read Answer

Unless your ex intended the use of a phone on his plan to be a gift you may be legally obligated to pay him back...if he chooses to treat it as a contract between him and you he probably has a good case to force you to pay him back.  You paying him the part of the bill on any regular basais may be enough to form a contract whether or not anything was ever put in writing.  So, the short version is:  yes, he may be able to sue to collect the bills he paid for you so the ball is in his court so to speak.... Read Answer

This is not an uncommon situation.  I have helped people with this very situation.  In fact, in one case not only had the Executor died but so did the original estate attorney.  What you will need to do is to Petition the Register of Wills/Clerk of Orphans Court in the county where probate occurred to be appointed successor to the now deceased Executor.  If successful you will be granted what are called Letters of Administration d.b.n. and that will prove to NJDUP that you areentitled to act on behalf of the estate.  Caution:  by collecting these funds you could trigger an additional probate fee plus additional PA Inheritance Tax.  There are a lot of moving parts to these situations - you probably want to find a probate attorney in your area.  Either search the Find a Lawyer section here on Lawyers.com or contact your county bar association.... Read Answer

Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being didtributed to Beneficiaries.  Let me begin by stating that I do not represent Beneficiaries or Heirs on a contingency basis, only hourly.  I am not aware that a contingency fee would be prohibited so it is possible there are attorneys who do so.  I suggest using the Find a Lawyer section of this website or the Daupjin County Bar Association referral service to find a Probate lawyer.  You will then hear from attorneys like me who practice in this area of law who can advise what to do and how fees are structured.... Read Answer

Yes, you may have a case against the store for negligence and a case against the Dog owner for strict liability. If your daughter is under the age of 18, any settlement would have to be placed into a child's annuity to be disbursed upon her reaching the age of 18. Reach out to one of us to discuss possible contingency fee, which means you pay nothing unless you win the case.    ... Read Answer

As with many legal issues the short answer to your question is:  It depends.  Whether the landlord can take property in your leased space to satisfy an obligation for unpaid rent depends upon the terms of your lease.  So, a review of the lease would be necessary to determine if the taking was permissible or not.  If the lamdlord took the tablesfor nonpayment of your daughter's rent that seems less likely to be legal but, again, would require a review of both leases - maybe you guaranteed the payment of her rent in your lease and did not realize it.... Read Answer

The key issue in the transfer of your business to your son is whether or not you are giving it to him or he is buying it from you.  If he is giving it to you then you need to be careful of the possibility of the transfer resulting in the assessment of a gift tax on the transaction.  Gift tax is a tax many people are not even aware of.  Ifthe business is worth more than $17,000 then you may owe gift tax on the transfer.  $17,000 or less is currently exempt from the tax.  You can also structure the transaction to avoid the tax in certain circumstances.  You will also need to ensure that any licenses to operate the business are transferred to your son.  I have represented dozens of business buyers and sellers over the past 20 years so my advice - get an experienced business transactions attorney to help you do this the right way.... Read Answer

By accepting your money and failing to properly complete the title transfer the seller essentially breached the contract you had to trade your money for the car.  By keeping your money and not completing the paperwork to finish the title transfer an argument can be made that the seller breached a contract or is otherwise obligated to return your money.  If you went to court with it,  he could likely be forced to fix the transfer paperwork or return the money.... Read Answer

From the summary you've provided it sounds as if the Court may have terminated the case without ruling on certain Preliminary Objections which were still pending.  You mention a lengthy delay - it is possible that during the delay the Court ordered you as Plaintiff through your attorney to move the case forward or face dismissal.  Cases which sit idle with no activity by either party are often dismissed for lack of activity.  To answer with any more certainty would require a thorough review of the court docket.... Read Answer

I changed the category of your post from Collections to Property Tax Appeals because you did not state that you have been given any collection demands regarding the property tax, only that your escrow for taxes apparently went up.  Your best course of action is probably to appeal the assessment of your property unless there was a general increase in the property tax rates in your area.  If there was a general rate increase that is not really a legal matter but a matter that would have been implemented by your local county commission or school board.  Contesting the assessment is essentially your opportunity to show the appeals board why the value they've placed on your property is too high.  If you prevail the assessed value would be reduced thus reducing the amount of tax and then lowering your escrow payment.... Read Answer

Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You will need to report both the speeding ticket (if the fine was for more than $500) and shoplifhting in your citizenship application. As to whether it will affect your application, I recommend talking to an immigration attorney because they will need to review your criminal records to answer accurately.    Disclaimer:This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read Answer

Inheritance is expressly excluded from the marital estate.  However, non marital assets are relevant to determine how much of the estate each party will receive.  That is the nature of equitable distribution based upon need, separate assets, and earning potential. I trust this answers your question but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The quick answer is, yes.  There are only 3 methods of postponing a tax sale 1) a payment arrangement 2) a successful motion to postpone 3) a bankruptcy. I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The rule of thumb is that USCIS will usually backdate the green card one year from the day of issuance in an asylum based green card therefore allowing naturalization at the end of four years instead of five. Since the date on the green card is already backdated one year in most cases, I imagine that the date that you can apply for citizenship is 2026 unless USCIS failed to do the backdating. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If your neighbor damaged your car I would suggest reporting the damage to your insurance company and letting their claims adjuster do the investigating into who is responsible.  If the inverstigator finds that your neighbor caused the damage then the two insurance companies will fight it out over who must pay.  You could also report it to the local police to investigate.  Letting someone else do the sleuthing might save you a lot of time and trouble.  If you take things into your own hands and do it wrong you might give yourself unexpected problems and unnecessary costs.  If the damage is minimal you might just ask the neighbor if he or she saw anything that might help.  You can just pretend you don't know it was them and see if they admit it.  This could lead to a better relationship with the neighbor than accusing them.... Read Answer

Ensure that you are looking at your direct Green Card for the date. Five years is required before one can apply for U.S. Citizenship so if based off the date you have provided then July 2026 on that date will make it five years. General note: If you have left the contry a lot, note the number of days outside of the United States will/may count against you. Have a legal strategy session with an immigration attorney to ensure that you have no potential issues.... Read Answer

Yes, you definitely should seek counsel. You will get your charges once your blood work comes back, which can take about a month. So get ahead of it! There are things that you can and should be doing now, which will put you in a position to completely fix this later if you start now. You will be charged, so don't waste the enxt month doing nothing for this. Whenever I have a client get to me early like this, I provide them with a roadmap of exactly what needs to be done, who to contact, and how to do it. The Court and prosecutors love the proactivity down the road and you will put yourself in a position to fix you case. Timing is everything with these cases!... Read Answer