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Our Pennsylvania injury attorneys often see the devastating consequences of car accidents caused by uninsured or underinsured drivers. These drivers can leave innocent victims with significant injuries and financial losses, making it crucial for individuals to protect their families with the right auto insurance coverage.   While it is illegal to drive without insurance in Pennsylvania, this law doesn't stop everyone. Moreover, not all states have laws requiring drivers to carry insurance. If you get into an accident in one of these states, the risk of encountering an uninsured driver is even higher.   UM/UIM coverage provides protection in the event that you are involved in an accident with a driver who either has no insurance or insufficient insurance to cover your damages. To learn more about the basics of UM/UIM coverage, check out our previous article: Insurance that Protects You: Uninsured Driver Motor Vehicle Insurance Coverage .   Case Examples Highlighting the Importance of UM/UIM Coverage   Underinsured Driver Our client suffered a broken wrist in an accident. The at-fault driver had only $25,000 in coverage, which was insufficient to cover the medical bills. Thanks to the client’s UM coverage, they received an additional $60,000 from their own policy, ensuring full coverage of their medical expenses.   Uninsured Driver Our client was hit by an uninsured driver and sustained significant injuries . Fortunately, the client had UM coverage and was able to claim $50,000 for medical expenses. Without this coverage, the client would have received nothing, leaving them financially devastated.   Uninsured Driver – Hit and Run In hit-and-runs where the driver cannot be identified, the situation is treated as though the driver were uninsured. Our firm handled a case like this where our client’s UM coverage stepped in to cover the damages, providing crucial protection in a situation where the responsible party was never found.   Key Considerations for UM/UIM Coverage   1. Ensure You Have UM/UIM Coverage First and foremost, confirm that your policy includes UM/UIM coverage. Without it, you could be left paying out-of-pocket for medical expenses, lost wages, and other damages caused by an uninsured or underinsured driver.   2. Match Your UM/UIM Coverage to Your Bodily Injury Coverage Your UM/UIM coverage should ideally be equal to your bodily injury coverage. This ensures that in the event of an accident, the compensation available to you mirrors the protection you would have if you were the at-fault party.   3. Opt for Full Tort Over Limited Tort Choosing full tort over limited tort allows you to seek compensation for pain and suffering, which can be substantial in serious accidents. Limited tort restricts your ability to claim these damages.   4. Always Have Stacking on Your Policy Stacking UM/UIM coverage is beneficial even if you only have one vehicle. This type of cost effective coverage extends to family members who live with you, passengers in your vehicle, and non-car motor vehicles like motorcycles. Stacking can significantly increase the compensation available in the event of an accident.   5. Choosing Coverage Limits UM/UIM coverage can be purchased in increments of $15,000, $25,000, $50,000, $100,000, $250,000, and up. While the actual coverage for your vehicle is the most expensive part, ensuring coverage for yourself is relatively affordable.   For situations with underinsured drivers, your UIM policy will be added onto their policy. For example, if the other driver had the Pennsylvania state required minimum of $15,000 in coverage and you had $50,000, you would be able to collect $65,000 (if you could prove you needed it.)   Awarded amounts of coverage can also get complicated when there are multiple injured people in one car. For example, everyone in the car could individually be covered for $100,000, but the maximum coverage for the car could be $300,000. So, if four people were injured in this case, they would only get the maximum of $300,000, not $100,000 x 4 = $400,000. (Confusing situations like that are why it’s smart to consult with a personal injury attorney!)   6. Review Your Policy Regularly It’s essential to review your insurance policy regularly. We offer free policy reviews to help you identify any gaps in your coverage and make necessary adjustments before an accident occurs. Once you are in an accident, it’s too late to change your provisions.   Ensuring adequate UM/UIM coverage is crucial for protecting yourself and your family from the financial fallout of accidents involving uninsured or underinsured drivers. Don’t wait until after an accident happens, because by then it’s too late — review your policy today and make necessary adjustments. For personalized advice and a comprehensive policy review, contact the experienced attorneys at Fiffik Law Group . We are here to help you navigate the complexities of auto insurance and ensure you receive the compensation you deserve.

Americans are finally ready to go on vacation following the pandemic. Are you ready for summer driving? Read on for our top 10 summer driving safety tips. 1. Keep Children Out of the Hot Car Tragically, between Memorial Day and Labor Day, about three children die each week in hot cars. These deaths are tragic accidents that result from caregivers leaving children in hot cars or children accessing the cars on their own. Always check the back seat before exiting the car. Place an item in the back seat that you must take with you at your destination. This ensures that you always check the back seat. 2. Don’t Text and Drive Distracted drivers on America’s roads cause about 3,000 deaths and about 400,000 injuries each year. 67% of drivers continue to use cell phones while driving despite knowing the danger they pose to safe driving. What example are you setting for your kids when you text and drive. Program autoreplies to texts and calls so others know you are not responding because you are driving. Cell phones and providers have several apps and programming options to reduce the temptation to drive distracted. For example, Apple’s “Do Not Disturb While Driving” feature stops notifications and sends a preprogrammed autoreply to anyone who texts the driver while the vehicle is in motion. There are also: AT&T DriveMode®, Verizon Safely Go®, and Sprint Drive First®. Consider utilizing one of these options to stop notifications while you drive. A great message for a friend or a family member when they try to reach you when you are driving is: “Hi, I am driving right now, so it’s not safe to respond to your message. This is an autoreply to let you know that when I stop, I will get right back to you.” That way, you can tell others that you are not ignoring them. They may see how good the idea is and do the same on their phones. 3. Always Buckle Up Seat belts save lives. Wearing a seat belt can reduce the risk of getting seriously injured or dying in a crash by 60 percent. Think you don’t need a seatbelt when driving short distances? Three out of four crashes occur within 25 miles of home. Buckling up is the single most effective thing you can do to protect yourself in a crash. 4. Avoid the Dangers of Sun Glare Glare is a visual sensation caused by excessive and uncontrolled brightness. Sun glare can cause annoyance, discomfort, and even a loss of visibility. This can greatly impact your ability to safely drive a car. Avoid the dangers of sun glare while driving by taking the following steps: Clean your windshield Fix cracks and chips in your windshield Clean your dashboard and rearview mirror Wear polarized glasses 5. Maintain Your Tires Tires are essential to safe driving. In the summer, tire-related crashes are common. You should maintain your tires by doing the following: Regular inspections for excessive wear. Maintain proper tire pressure Abide by a recommended tire rotation schedule 6. Conduct a Vehicle Inspection Your tires are just one part of your vehicle. Safe summer driving requires that you inspect your entire vehicle. Before you hit the road, conduct a vehicle inspection that includes the following: Oil Brakes Windshield Wiper blades Lights 7. Pack an Emergency Supply Kit Even if you regularly inspect your vehicle, an emergency can still occur. Be prepared for an emergency by packing an emergency supply kit. 8. Prepare for Work Zones Summer drivers are encouraged to prepare for work zones before venturing out on the roads. You can prepare by using one of many free road trip planning apps . Be mindful that fines and penalties for traffic violations in work zones are usually higher than normal. 9. Practice Safe Towing Summer is a great time for recreation activities. Many summer activities involve towing trailers and other equipment. If you are towing a trailer, you are responsible for knowing the law and being safe. Check out this primer on safe towing before you hook up. 10. Always Drive Sober If you decide to cool off in the heat by sipping a refreshing cocktail, savor your summer and never drive impaired. In addition to alcohol, drugs and medication can also cause impairment. Do not drive if you are going to consume drugs, alcohol, or certain medications. Arrange for a sober driver. Experienced Pennsylvania Personal Injury Lawyers The start of summer is a great time to focus on summer driving safety. We hope the above safety tips help you stay safe on the road. Our experienced auto accident attorneys understand that a car accident can injure the most cautious individual. If another driver has injured you, it’s important that you seek experienced legal representation. Our personal injury lawyers serve clients in Pittsburgh, Philadelphia and all over Pennsylvania with the knowledge and expertise to help you gain maximum compensation for your injuries. Time is of the essence. Get in touch with our personal injury lawyers today , so we can begin pursuing significant compensation for you.

In the aftermath of a car accident , the priority is always the safety and well-being of everyone involved. However, once the immediate concerns are addressed, it’s crucial to begin preserving evidence as quickly as possible. There are steps you can take immediately at the scene, and then it's important to call an attorney who can handle further critical aspects of evidence preservation. Here's a guide on what you should do immediately and how an attorney can assist you afterward.   Immediate Steps to Preserve Evidence   Take Photographs: Scene of the Accident : Capture wide-angle shots of the accident scene from multiple angles. Include traffic signals, signs, and road conditions. Vehicles : Photograph all vehicles involved, focusing on damage, license plates, and any identifying features. Injuries : Document any visible injuries sustained by you or your passengers. Other Relevant Details : Take pictures of skid marks, debris, and any other relevant details at the scene.   You can text Fiffik Law Group the photos you take for safe keeping at 412-391-1014.   Write Down Details: Accident Timeline : Note the date, time, and exact location of the accident. Weather and Road Conditions : Record the weather, road conditions, and visibility at the time of the accident. What Happened : Write down your recollection of how the accident occurred, including what you were doing, the actions of other drivers, and any other observations. Conversations : Record any statements made by the other driver, passengers, or witnesses at the scene.   Gather Contact Information Other Drivers:  Get the contact and insurance information from all drivers involved in the accident. This includes their names, phone numbers, addresses, driver's license numbers, and insurance details. Witnesses: Collect contact details of any witnesses, including their names and phone numbers.   Preserve Physical Evidence: Damaged Items : Keep any damaged personal items, such as clothing or belongings, as they may serve as evidence.   The Role of an Attorney in Preserving Evidence   While your immediate actions are critical, engaging an attorney as soon as possible can significantly enhance the preservation of evidence. Here’s how an attorney can help:   Investigating the Accident: Witness Interviews : Attorneys can promptly interview witnesses while their memories are fresh, securing detailed statements that can support your case. Document Preservation Letters : Attorneys can send out letters to preserve crucial documents, such as maintenance records of the vehicles involved, cell phone records, and any other relevant documents that might be lost or destroyed.   Securing Surveillance Footage: Camera Checks : Attorneys can identify and request footage from nearby surveillance cameras, traffic cameras, or dashcams that may have captured the accident. Timely Requests : Surveillance footage is often overwritten after a certain period, so timely requests are essential.   Consulting Experts: Accident Reconstruction : Attorneys can work with accident reconstruction experts to analyze the scene and provide insights into how the accident occurred. Medical Experts : Attorneys can consult medical experts to assess injuries and link them to the accident, providing robust evidence for your claim.   Handling Communications: Police and Insurance Companies : Attorneys can be present on all phone calls with the police and insurance companies , ensuring that your rights are protected and that any statements made are in your best interest.   Preserving evidence after a car accident is a multi-step process that begins at the scene and continues with the help of legal professionals. By acting swiftly and enlisting the support of an attorney, you can strengthen your case and improve your chances of a favorable outcome. Remember, the quality and availability of evidence can significantly impact the success of your claim, so don’t delay in taking these essential steps. If you or a loved one has recently been in a car accident, contact the experienced attorneys at Fiffik Law Group today .

On August 20, 2024, the U.S. District Court for the Northern District of Texas held unlawful and set aside the Federal Trade Commission’s (FTC) final rule prohibiting non-competition agreements with workers.  The ruling applies to employers nationwide, although its likely to be appealed by the FTC.   The Background   The FTC published its final rule regarding non-competes on May 7, 2024. With limited exceptions , the rule would have effectively banned all non-compete agreements—and provisions that functioned as non-competes—between businesses and “workers” as “unfair method[s] of competition.” It also would have required companies to refrain from enforcing most existing non-compete agreements and notify “workers” that any non-compete obligations were now unenforceable. The rule had been scheduled to take effect on September 4, 2024.   On July 3, 2024, the U.S. District Court for the Northern District of Texas had granted a limited preliminary injunction staying enforcement of the FTC’s final rule prohibiting non-compete clauses, but only as to the parties in the case, pending a final ruling on the merits.   The Latest Developments   On August 20, 2024, the court issued a significantly broader ruling, finding that in issuing the non-compete rule, the FTC had exceeded its rulemaking authority with respect to unfair methods of competition.   “Having concluded that (i) the FTC promulgated the Non-Compete Rule in excess of its statutory authority, and (ii) the Rule is arbitrary and capricious, the Court must “hold unlawful” and “set aside” the FTC’s Rule as required under [Section] 706(2)…. As the [Fifth Circuit] put in a couple of recent cases, setting aside an agency action under [Section] 706 has a “nationwide effect,” is not “party restricted,” and “affects persons in all judicial districts equally.” [citations omitted] Thus, the Court hereby holds unlawful and sets aside the Rule.”   What Now?   Businesses that were planning to comply with the non-compete rule by rewriting agreements and preparing a notice to current and former employees regarding the rule’s effects can now put those efforts aside. The non-compete rule will no longer take effect on September 4, 2024.   The FTC will certainly appeal the U.S. district court’s ruling. It now appears doubtful that the non-compete rule will ever become effective in its current form, but it will probably be years before the issue is finally resolved. While the FTC rule is likely in the rear-view mirror, efforts to ban non-compete provisions will likely continue on the state and local level. Business owners should maintain efforts to update and implement their restrictive covenant programs so that each covenant is narrowly tailored to protect their actual business needs.

The prospect of buying a business is exciting. However, it also presents numerous traps and pitfalls for the inexperienced person. Having a purchase agreement is not everything you need to protect yourself in the event something goes sideways.  While the risks of do-it-yourself business purchases are too numerous to address here, we’ll discuss a big one below: hidden tax liens.   Unhappy Surprise for Purchaser of Pizza Shop   We’ll start with a true story of a small business purchase that went bad.  John’s dream was to own a restaurant.  He bought a pizza restaurant that was a local favorite from the owner who was tired of running it.  Included in the deal was all of the equipment and supplies you’d typically associate with a restaurant – pizza ovens, kitchen appliances, tables, chairs, etc.  Several months after he had taken over, he received a tax lien notice from the Department of Revenue advising him of a variety of unpaid taxes.  It was a shock to him because he had paid all of his taxes on time.  After calling for an explanation, he realized that the unpaid taxes predated the time when he became the owner of the business.  Making matters worse, he was advised that the taxes were liens on the assets that he purchased.  If he failed to pay the taxes, the state could sell his equipment to satisfy the debt.  The prior owner didn’t return his calls and he was stuck having to deal with the problem or lose his business.   What is a Tax Lien?   Pennsylvania businesses pay a variety of taxes, including sales, payroll and income taxes.  The failure to pay these taxes in a timely fashion can result in a lien.  A lien is defined as a charge on real or personal property owned by the business for the satisfaction of debt or duty. The Department of Revenue files a lien with the county Prothonotary Office when a business (or business owner in the event of a sole proprietorship) has unpaid delinquent taxes. When a lien is filed, it becomes a matter of public record. The lien ensures the Commonwealth of Pennsylvania is listed as a priority creditor that must be paid before other financial transactions can take place (real estate sales, business transfer, obtaining a loan, etc.). The department files liens for all types of state taxes: corporation taxes, sales & use taxes, employer withholding taxes, motor fuels taxes, realty transfer taxes and various other taxes.      Why Should Business Purchasers be Concerned About Tax Liens?   The lien attaches to the assets at the time the lien is filed.  When you buy the assets, you buy them subject to the tax lien.  The sale of the assets to you does not make the lien go away.  Even more troubling is that the lien can attach to the assets after they are purchased.  The lien attaches to the assets no matter who owns them at the time the lien is filed.  If the delinquent tax is not satisfied, the state could force a judicial sale of the assets to pay the amounts due.  So long as the tax lien remains unsatisfied, you may have difficulty selling your business or using the assets as collateral for business loans.   How to Protect Against Hidden Tax Liens   The good news is that tax liens are almost always avoidable by doing some homework prior to closing on a business purchase.  The five steps you should take include:   1. Due Diligence Due diligence is a vital step to take when buying a business. A thorough review of the target’s business finances and legal issues is critical to ensure your acquisition is a success.  Ask for copies of the company’s tax returns/reports and proof that taxes were paid. 2. Request Tax Lien Certificates You can request certificates from the Department of Revenue for prior tax periods to determine if there are any unpaid taxes of record. This will cover prior tax periods but not the periods that close after the closing date for your business.  These take 7-10 days to obtain so you should plan accordingly. 3. Docket Searches Check the dockets in the county where the business is located for any liens filed by taxing authorities. 4. Protective Provisions in Sales Agreement A buyer should make sure that the Agreement of Sale includes representations from the seller that the seller owes no Pennsylvania taxes and a full indemnity by the seller against liability for any such taxes. In addition to a provision in the Agreement of Sale for indemnification by the seller to the buyer for any tax liability, the buyer should also consider holding back money in escrow. Since a seller will most likely distribute the funds it receives from the sale of the business and dissolve the selling entity, personal guaranties of the indemnity provisions and a holdback of a portion of the purchase price should be considered.  5. Obtain a Bulk Sale Tax Clearance Certificate The Bulk Sales Law offers important protections for business buyers.  A bulk sale clearance certificate must be obtained in all transactions involving the sale of fifty-one or more percent of the assets of a business, including real estate.  It’s a two part-process.  In the first step , the Pennsylvania Department of Revenue and the Pennsylvania Department of Labor & Industry must be notified in writing 10 days prior to the transfer of 51 percent or more of the assets owned by the target business.  It is important to note, however, that buyers are only protected when they secure a Bulk Sales Clearance Certificate from the seller. The failure of a buyer to obtain a Bulk Sales Clearance Certificate makes the buyer liable for all unpaid taxes owed by the seller up to and including the date of the sale, whether or not the taxes have been settled, assessed or determined at that time.  The second step requires the seller to obtain a Bulk Sales Clearance Certificate after the closing  The seller must file an Application for Tax Clearance Certificate with both the Pennsylvania Department of Revenue and the Pennsylvania Department of Labor & Industry. The Application for Tax Clearance Certificate should set forth the date of the sale and include a copy of the Agreement of Sale and proposed Settlement Sheet. In addition, the seller must complete and file all tax reports/returns and pay all taxes (including interest, penalties, fees, charges and other liabilities) due to the Commonwealth up to and including the date of the sale.  The Department of Revenue can take a year or longer to issue a Bulk Sales Clearance Certificate.       Hidden tax liens noted above are but a few of the pitfalls faced by buyers of a business. A wise businessperson will not attempt to navigate through these potential traps without the assistance of competent legal counsel.  The experienced attorneys of Fiffik Law Group, P.C .   provide the legal assistance you need to buy or sell a business in Pennsylvania. We’ve helped many small business people buy and sell businesses over the years.  Please contact us to schedule an appointment today. You can’t afford not to.

If you or a loved one is facing a debilitating condition that hinders your ability to work, you may be considering applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Qualifying for these benefits can often feel overwhelming, but understanding the requirements and the process can empower you to take the necessary steps toward obtaining the financial support you need. What are SSDI and SSI? The Social Security Administration (SSA) oversees two primary disability programs: Social Security Disability Insurance (SSDI): This program is designed for individuals who have worked and paid Social Security taxes. Eligibility is based on your work history and the severity of your disability. Supplemental Security Income (SSI): Unlike SSDI, SSI is a need-based program that does not require a work history but considers your income and resources. The Definition of Disability The SSA has a strict definition of disability . To qualify, you must demonstrate that: You have a medical condition that is severe enough to prevent you from performing "substantial gainful activity" (SGA). Your condition is expected to last for at least 12 months or result in death. Your condition meets the SSA’s listing of impairments, or you can demonstrate that it severely limits your daily activities and your ability to work in any capacity. Steps to Qualify for SSDI or SSI 1. Gather Documentation:  The first step in your application process is to gather all pertinent medical records and documentation. This includes: Medical records from your healthcare providers Detailed treatment histories Diagnostic test results Records of any hospital stays or surgeries Comprehensive documentation supports your claim by illustrating the severity of your condition. 2. Visit Your Healthcare Provider Discuss your disability claim with your doctor. Ensure they understand the SSA’s criteria for disability and can provide you with a statement that backs your claim. An opinion from a medical professional can play a significant role in the approval of your application.   3. Complete the Application You can apply for SSDI and SSI benefits online, via phone, or in person at your local Social Security office. Be prepared to provide detailed information regarding your work history, medical conditions, and daily functioning. Accuracy and thoroughness are crucial at this stage. 4. Understanding the Five-Step Evaluation Process The SSA uses a five-step process to evaluate disability claims: Step 1: Are you working? If you are earning more than a specified amount per month (referred to as SGA), your claim may be denied. Step 2: Is your condition severe? You must show that your condition significantly limits your ability to perform basic work activities. Step 3: Does your condition meet the SSA’s list of impairments? If your condition matches or equals a listing, you may qualify at this step. Step 4: Can you perform your previous work? If not, the evaluation moves to the next step. Step 5: Can you perform any other work? This step evaluates if you can adjust to different jobs given your medical condition, age, education, and work experience. 5. Be Prepared for Potential Denials It’s crucial to understand that many initial SSDI and SSI claims are denied. If your application is denied, don’t be discouraged. You have the option to appeal the decision. The appeals process involves several levels, each requiring additional documentation and possibly a hearing. 6. Seek Legal Assistance Navigating the world of Social Security disability applications can be complex and challenging. If your initial application was denied, consider working with an attorney who specializes in disability law. They can assist you in preparing your application, gathering necessary documentation, and representing you during appeals, if needed. Qualifying for Social Security Disability benefits is an essential lifeline for many in Pennsylvania battling significant health challenges. While the process can be daunting, understanding the requirements and being prepared can improve your chances of a successful outcome. Remember, you are not alone on this journey—consider reaching out one of our experienced Social Security Disability attorneys at Fiffik Law Group for professional legal assistance to help you through the steps involved. If you or someone you know is struggling with a disability claim or seeking guidance on the application process, don’t hesitate to contact our office for a consultation. Let’s work together to secure the benefits you deserve.

In the realm of estate planning, a Durable Geneal Power of Attorney (DGPOA) for your finances is one of the most powerful tools at your disposal. It allows you to designate someone to control your finances on your behalf in the event that you become unable to do so. However, like all legal documents, a Power of Attorney is not a "set it and forget it" agreement. Circumstances change, relationships evolve, and legal standards may shift—prompting the need for an update. Here we will delve into the situations that warrant a review and potential update of your Power of Attorney, ensuring that your financial and healthcare decisions align with your current wishes.   1. Major Life Changes   One of the most common reasons to update your Power of Attorney is a significant life event. Here are some examples:   Marriage or Divorce If you get married or divorced , it's crucial to review your POA. Changes in your relationship status may warrant appointing a new agent or changing existing provisions to reflect your current wishes.   A Child is Ready for Responsibility At one time, your kids may have been too young but now they’re grown up and ready.   Death of an Agent If the person you've designated as your agent passes away, it’s essential to consider appointing a new agent.   Relocation to New State If you move to a new state, the laws could be different.  2. Issues with Your Agent   Your Agent is Too Old or Infirm They may be unreliable or possibly not able to do the job when called upon.   Death of an Agent If the person you've designated as your agent passes away, it’s essential to consider appointing a new agent.   You Had a Falling Out You don’t get along with or trust your agent any longer.  It’s time for a change.   Relocation to New State If your agent moves and is too far away to do the job, it’s a good time to take a look at your POA.   3. Digital Assets   We increasingly manage our accounts online.  We also have dozens (or more) online accounts that are important to us.  Who will manage your social media accounts (e.g. Facebook, Twitter, Instagram) when you’re unable? How about the personal emails you've sent and received? Online photo albums? The files on your laptop? Your PayPal or Venmo accounts?  Does your agent have the technical know-how to manage these accounts on your behalf. Your power of attorney should have specific provisions giving your agent access to and control over these accounts.    4. Changes in the Law   Don’t let your power of attorney become powerless.  Another reason to review your power of attorney every few years is to check for legislative changes.  As new laws are passed, additional provisions may need to be added to keep them current and prevent them from being rejected.  In Pennsylvania, for example, significant changes in the law relating to powers of attorney were passed in 2015.  If you have a power of attorney from 2015 or earlier, it’s a good idea to have it reviewed and updated.   Updating your Power of Attorney in Pennsylvania is a crucial aspect of financial and estate planning. Whether you are motivated by a life change, shifting relationships, evolving health conditions, or simply the passage of time, taking the initiative to keep this important document current will provide you with peace of mind and ensure that your wishes are honored.   If you have questions or need assistance in updating your Power of Attorney, don't hesitate to reach out to the experienced estate planning and elder law attorneys at Fiffik Law Group . It's essential to ensure that your document reflects your current life situation and preferences, allowing your designated agent to act in your best interest when the time comes.

A shakeup in the homebuying industry is taking affect this week and it could result in big changes for home buyers and sellers. We’ve been following this story and if you’re a potential buyer or seller, here’s what you need to know. Background In May, the National Association of Realtors  settled a series of class-action lawsuits alleging that its compensation rules, which forced selling agents to advertise compensation paid by sellers to buyer’s agents on listings, essentially amounted to antitrust, reducing competition and artificially inflating commission prices.  The bulk of the settlement, requiring NAR to pay over $400 million in damages, is set to go into effect on August 17th in most parts of the country.  There are three other parts to the settlement that all real estate agents must follow on future transactions.    What Happens on August 17th? There are two parts of the settlement that will result in significant changes relating to consumers. The first is that agents are required to get a signed Buyers Agency Agreement before showing a property to any prospective buyer. This has been the policy in Pennsylvania but not all states. There are options for both buyers and agents in setting up this agreement. Pennsylvania Association of Realtors (PAR) has provided all agents with updated Exclusive and Non-Exclusive Agreements to offer their prospective buyers. These forms set the groundwork for the relationship between the buyer and agent as well as establish a set, agreed upon commission that the buyer’s agent is due when the property settles. The second, and most significant to consumers, relates to agent commissions. Prior to the settlement, agents who listed properties included offers of shared commissions within their local multiple listing services (MLS) – the platforms on which most homes are listed. It's a tool real estate professionals use to view and share information regarding property listings. This led to most sellers paying about 6% of the home’s sales price, with 3% going to their agent and 3% to the eventual buyer’s agent.  Buyers did not pay a fee to their buyer’s agent. Starting on the 17th, those advertised offers of compensation are no longer allowed in an MLS. While sellers and their agents can still offer to pay a buyer’s agent's fee, that must happen via outside negotiations.  This means that the buyer agent’s commission that was paid by the seller under the old system might be shifted to the buyer.  This could increase the cost of buying a home.  For example, on a $300,000 home, the buyer agent’s commission of 3% ($9,000.00) that was previously paid by the seller would now be payable by the buyer in addition to the purchase price of the home. Advice to Buyers If you’re in the market to buy a home after August 17th, here are some suggestions for you: Interview multiple buyer agents If it’s possible that you end up paying a portion of their compensation, you’ll want to get great service.  Start by understanding what a buyer agent should be doing  for you so that you know the right questions to ask.  Do they have a website that’s up to date?  What are their online reviews? Negotiate Buyers and their agents will need to negotiate compensation directly before viewing homes, not knowing whether the homes they are considering include an offer by the seller to pay a portion or all the buyer agent compensation.  You might agree on a not-to-exceed compensation figure that fits your budget.  Make sure you can get out of an agreement at any time with no strings attached if you’re not happy with the agent’s services.  Narrow Your Choices Although commission sharing information will no longer be on the multi-list, we believe agents will find a way to share that information.  This is especially true for agents within the same brokerage or agency.  You may agree to narrow your choices to homes that will not result in you paying any of the agent’s commissions.  Negotiate with Sellers You might require your agent to include a commission sharing-proposal in your proposed sales agreements presented to sellers.  This could be a prerequisite to your obligation to pay a portion of their compensation, even if the seller refuses your proposal. Go it Alone You can go without an agent, going directly to listing agents.  This has been made easier with websites like Zillow.  There’s an increasing number of homes for sale by owner as well.  This will probably narrow your choices and it may take longer but you can save substantial money.  Work with a Real Estate Attorney Managing the transaction on your own comes with its own challenges.  How do you fill out and present a sales agreement?  Are you confident in your negotiation skills?  What happens after an agreement is signed?  How do you find a title company to handle the closing?  Using an experienced real estate attorney is an affordable option.  They have the expertise that you lack and their fees will very likely be far below the commission payable to a buyer agent. Advice to Sellers If you’re in the market to sell your home after August 17th, here are some suggestions for you: Expect to Pay Less The settlement is an opportunity for sellers to pay less to sell their homes.  The default of paying both side’s commissions should be a thing of the past.  If you’re willing to pay some of the buyer agent compensation, come up with a plan to minimize the amount you pick up. Expect to Negotiate More Sellers will have the choice whether they want to offer any compensation to the buyer’s agent – or none at all. But beware: failing to provide a fee – or offering a low one – will likely have some residual blowback.  Sellers expecting to net more on the sale of their home may be surprised that buyers will now be making offers lower than the asking price, due to factoring in the cost of paying for the buyer’s agent’s commission. You also may see a smaller buyer pool if you’re unwilling to pay a portion of the other agent’s fee, as agents may be less likely to show your home. Try For Sale by Owner Websites like Zillow, HomeLight and ForSaleByOwner make it easier than ever for homeowners to sell their homes without a realtor .  The payoff is avoiding the large commissions.  These sites may experience an increase in traffic from homebuyers in light of the August 17th changes.  You might give these a try before working with a listing agent.  Talk with Our Experienced Real Estate Attorneys If you’re in the market as a buyer or seller, before you do anything, find out what you need to know so that you can make savvy decisions.  Our experienced real estate attorneys  are ready to help you with every step. We assist homebuyers and FSBO sellers on a flat fee basis at a rate far less than the commission that you would pay a realtor.  Give us a call and take control!

Pennsylvania operates under a "no-fault" insurance system, which is designed to reduce the need for lawsuits and expedite the process of receiving medical treatment. In this system, each driver's own insurance coverage pays for their medical expenses, regardless of who was at fault in the accident. This means that when you're injured in an auto accident , your first point of contact for medical bills will usually be your own insurance company.   Personal Injury Protection (PIP)   Under Pennsylvania law, drivers are required to carry Personal Injury Protection (PIP) coverage. PIP helps cover the following expenses:   Medical Bills: Hospital stays, surgeries, rehabilitation services, and any other costs associated with your injuries. Lost Wages: If your injuries prevent you from working, PIP can provide compensation for a portion of your lost income. Other Expenses: This may include rehabilitation services or home care costs.   It's essential to review your own insurance policy to know the limits of your PIP coverage. In Pennsylvania, the minimum PIP coverage is $5,000, but many individuals opt for higher limits to ensure adequate coverage.  You are able to select up to $1.1 million in medical benefits coverage. This is some of the least expensive health insurance available. This type of coverage also has no copay or deductible.   Health Insurance   If you have health insurance, it may also come into play when determining who pays your medical bills. Once your medical benefits under your auto insurance are exhausted your health insurance will pay your bills. However, it's crucial to notify your health insurance provider about the auto accident as they may have specific procedures to follow.  It's worth noting that in some situations, your health insurance may seek reimbursement from your auto insurance if you pursue a personal injury claim later on.   If you are unable to work after a car accident, you might lose access to your employer-based health insurance. Having adequate medical benefits on your auto insurance policy is an easy way to protect your wallet AND your access to care after a serious injury.   File a Claim Against the At-Fault Driver   In cases where the injuries are severe and you exceed the limits of your PIP, or if your accident meets a specific threshold for serious injury, you may have the option to file a claim against the at-fault driver. This claim can cover additional medical expenses, pain and suffering, and other damages.   Having an experienced personal injury attorney from Fiffik Law Group can be invaluable here. We can help you navigate the complexities of Pennsylvania's insurance laws, ensuring that you receive the compensation you deserve.   The Importance of Documentation   Regardless of which avenue you pursue to pay your medical bills, thorough documentation is essential. Here’s what you should keep track of:   Medical Records: All documents related to your treatment, including bills, prescriptions, and doctor’s notes. Accident Report: Obtain a copy of the police report and any other evidence from the scene of the accident. Communications: Note any correspondence with insurance companies and health care providers.   These records will not only assist you in dealing with medical expenses but can also be critical if you decide to pursue a claim against the at-fault driver.   Consider Consulting an Attorney   Navigating the aftermath of an auto accident can be tricky, especially when it comes to understanding who pays your medical bills. Consulting with the experienced attorneys at Fiffik Law Group , who regularly help victims of auto accidents in Pennsylvania, can provide clarity. We can assist with everything from negotiating with insurers to filing a lawsuit if needed. Remember to check your policy to ensure you have Full Tort Insurance so that you can make a claim for pain and suffering should you or a family member become injured in an auto accident.

Going through a divorce can be one of the most challenging experiences in a person's life. Amidst the emotional upheaval and logistical challenges, it's easy to overlook a crucial aspect of your post-divorce life: your estate plan . Whether you are newly divorced or still working through the process, updating your estate planning documents is vital to safeguard your interests and those of your loved ones.   Here’s a  to-do list to help you effectively navigate your estate planning after divorce.   1. Update Your Powers of Attorney Power of Attorney documents grant someone the authority to make decisions on your behalf if you become unable to do so. It’s never too soon after a divorce is commenced to remove your ex-spouse as a decision maker.  This applies to financial and medical powers of attorney.    2.  Secure Digital Assets Digital assets include online financial accounts, social media, email and documents stored in the cloud.  Securing these assets helps prevent unauthorized access by your ex-spouse and safeguards your financial and personal data.  Change passwords immediately, enable two-factor authentication and consider privacy settings on social media to limit what your ex can see.   3.  Review Your Will or Trust Divorce fundamentally changes your life and priorities, which often extends to your will . Remove your ex-spouse as a beneficiary and as trustee of any bequest to your children.  It’s a great time to reassess who you want to designate as beneficiaries.    4. Modify Your Beneficiary Designations Your divorce may affect various accounts that require a beneficiary designation , including life insurance, retirement accounts and annuities.  Beneficiary designations override wills, so it’s essential to ensure that these designations align with your current wishes.  However, in most states, once either spouse files divorce papers with the court, neither party can legally change their beneficiaries without the other's permission until the divorce is final. With this in mind, you may want to consider changing your beneficiaries prior to filing divorce papers, and then post-divorce you can always change them again to reflect whatever is determined in the divorce settlement.  Consult with your attorney before making any changes.    5. Assess Your Trusts If you have established a trust , it may also need modifications, such as removing your ex as the successor trustee and beneficiary.    Consult with an Estate Planning Attorney   Divorce is a significant life event that deserves the attention of a qualified legal professional.  Consulting with one of the experienced estate planning attorneys at Fiffik Law Group can ensure your assets are protected, documents are comprehensive, legally binding, and reflective of your current desires.

If you’ve been detained by a store employee for any reason, it’s both embarrassing and annoying.  Can they do that?  Is it legal and if so, when does it become unlawful?  What are the rights of store owners when it comes to detaining suspected shoplifters?   What is Shopkeeper's Privilege?   Shopkeeper's privilege is a legal doctrine that allows store owners or their employees to detain an individual they reasonably reasonably suspect of shoplifting . This privilege is based on the idea that store owners have a reasonable interest in protecting their merchandise and property from theft.   In Pennsylvania, shopkeeper's privilege is recognized under common law, and codified in the crimes code.  Under Section 3929(d) of the PA Crimes Code , loss prevention store representatives who have probable cause to believe you engaged in a retail theft may detain you to confirm your identity and recover merchandise. Store owners must exercise this privilege within certain boundaries to avoid potential legal consequences.   Detaining Suspected Shoplifters   If a store owner or employee suspects a shopper of committing retail theft, they must have reasonable grounds for believing that shoplifting has occurred. It's important to remember that mere suspicion or a hunch is not enough to justify detaining someone. The suspicion must be based on specific observations or evidence, such as witnessing the individual concealing merchandise or attempting to leave the store without paying for items.   When detaining a suspected shoplifter, store owners must act in a reasonable manner and use only the necessary amount of force to detain the individual. Excessive force or unnecessary restraints could lead to potential legal liabilities for the store owner.   What Store Owners Can Do   If a store owner wishes to detain a suspected shoplifter, they should follow these steps:   1. Observation: The store owner or employee should observe the suspected shoplifter's actions and behaviors to gather evidence of shoplifting.   2. Approach: Approach the individual in a non-confrontational manner and inform them of the suspicion. It's essential to remain calm and professional during the interaction.   3. Detainment: If there is reasonable suspicion, the store owner can detain the individual in a reasonable and safe manner while investigating the situation.   4. Contact Authorities: Contact local law enforcement as soon as possible to report the incident and have them handle the situation. Store owners should not take matters into their own hands beyond detaining the individual.   Unlawful Detainment and Reasonableness   Like all rights, the shopkeeper’s privilege has its limits. That limit usually comes down to what is reasonable under the circumstances. If the store detains someone for a long period of time without contacting the police, a false imprisonment claim may be the result. In addition, if the store puts the person under any physical restraints or keeps them in a locked room for a significant amount of time, this can also play into the claim. The detained person still has rights, no matter what suspicions they may be under from the store and its employees, such as the right against unlawful search and seizure.   False Imprisonment Claims   To successfully collect from a false imprisonment lawsuit, the plaintiff must meet the following elements:   That the store (or an agent/employee) intended to detain the individual That you were actually detained in boundaries not of their choosing, That the person was aware that they were being detained against their will A causal link   The detainment does not necessarily need to be physical, it can be through threatening words or body language. These cases, of course, are fact specific and vary case to case. Many times, a false imprisonment claim comes down to what the individual believed at the time and whether or not their beliefs and the detainment was reasonable. If the circumstances suggest that store’s actions were not reasonable, this is when an individual should seek legal help.   Seek Legal Help   Because false imprisonment cases are so fact specific, you will probably need the help of a false imprisonment or civil rights attorney to help determine if you have a valid claim. This is especially important if you are looking to file a suit against a big corporation, as they have huge resources and hired legal help of their own. Contact the experienced attorneys at Fiffik Law Group to protect your rights and advocate for you every step of the way.

Falls are the leading cause of injury among nursing home residents, often resulting in severe consequences that impact both health and quality of life. For most people, a fall might sound like no big deal, but for an elderly person it can lead to significant health issues such as fractures, reduced mobility, and in some cases, even death. For families navigating the aftermath of a fall in a nursing home, understanding the legal implications and available recourse is crucial.   The Reality of Falls Falls are extremely common for residents in long-term care.  At least half of elderly nursing home residents experience a fall each year and that figure would be higher if many residents were not bed bound.  Good facilities study individual falls, fall rates, locations of the falls, timing of the falls, etc.  They seek to understand how to take a micro and macro approach to minimize the chance of a fall in the future.   Extrinsic Causes of Falls Falls are attributed to either extrinsic or intrinsic causes.  The most common extrinsic causes have to do with the resident’s environment.  Perhaps the furniture is in an awkward spot or there’s simply too much of it.  Taking a trip to the bathroom at 2 AM and navigating between the reclining chair, tray table and lamp can cause a moment’s unsteadiness and a fall.  A younger person would be able to right themselves but for an older person, being just a bit off-kilter will likely result in a fall.  Residents with dementia might not be able to perceive wet floors or read signs in the hallway and unwittingly walk into a dangerous spot.  The list of extrinsic causes is long.   Intrinsic Causes of Falls The first order of business is to be sure your loved one is falling and not fainting or having a seizure.  Fainting is most common in people with heart or blood pressure problems.  Low blood pressure can be caused by a wide variety of medications commonly taken by the elderly.  Dehydration is another common cause. Once fainting and seizures are eliminated, you can move on to other possibilities such as neurological disorders.  Parkinson’s disease classically affects balance and gait.  Alzheimer’s disease in its later stages results in perception, balance, gait and other behavioral issues that can cause falling.  Joint disease often leads to falls. Determining the cause can require a fair bit of sleuthing.    Nursing Homes' Duty to Prevent Falls Nursing homes have a legal duty of care  to provide a safe environment and to implement measures that prevent falls. This duty includes:   Assessing Fall Risk Nursing homes must regularly assess each resident’s risk of falling and implement personalized strategies to mitigate these risks. Providing Mobility Aids Facilities are required to ensure that residents have access to walkers, canes, and other mobility aids as needed.  If falling at night is a problem, lower beds are an option. Maintaining Safe Pathways Common areas and hallways should be kept free of obstacles, and proper lighting must be ensured to reduce fall risks. Use of Bed Rails and Physical Restraints Historically, restraints such as belts, vests, bed rails, and specialized chairs were used to prevent falls. However, recent research has shown that these restraints do not effectively prevent injury and may even increase the likelihood of injury from residents trying to escape their restraints. They may also pose additional risks such as reduced mobility and psychological distress. Alternatives to Restraints:  In nursing homes, the rules for restraints are fairly clear.  They may be used once all other reasonable alternatives have failed.  Most states require staff to foster the “highest practicable” level of independence.    Here are some modalities that you should expect your loved one’s home to try before using restraints: Increased Supervision : More frequent checks and assistance from staff. Environmental Modifications : Adjustments to the living space to make it safer, such as lower beds, non-slip mats, and adequate lighting. Assistive Devices : Ensuring mobility aids are within reach and used appropriately. Individualized Care Plans : Tailoring care plans to each resident’s needs and capabilities.   Legal Recourse When a Resident Falls When a resident falls, determining liability can be complex. The nursing home may be held liable if they fail to meet their duty of care. However, there are circumstances where liability may not be straightforward: Compliance with Safety Measures If a resident is non-compliant—for example, failing to use a walker when instructed—the nursing home must still demonstrate that reasonable measures were taken to ensure their safety. This includes regularly reminding the resident and monitoring their adherence to safety protocols.   Proof of Negligence To prove negligence , it must be shown that the nursing home failed to provide adequate care or failed to follow their own policies, resulting in the fall and subsequent injury. This includes documenting the resident’s condition, communications with the nursing home, and any deviations from established care plans.   Beyond negligence, a nursing home may also be liable for: Abuse : Physical, emotional, or sexual abuse. Violation of Residents' Rights : Failure to respect the rights of residents, including a safe environment and adequate care. Breach of Contract : Failing to meet terms outlined in a contract or agreement. Failure to Follow Regulations : Non-compliance with federal and state regulations. Medical Malpractice : Improper medical treatment or medication errors. Gross Negligence : Extreme recklessness or carelessness.   Falls in nursing homes can be serious and often indicate a lapse in care. If your loved one has suffered a fall, understanding their rights and seeking legal recourse is essential. Document everything and consult with an attorney who specializes in nursing home abuse and neglect to explore your legal options.   For more information or to discuss a potential claim, contact Fiffik Law Group today. We are committed to advocating for the rights of nursing home residents and ensuring they receive the quality care they are entitled to by law.