Search Results

Many of us here at Fiffik Law Group are parents. As you’d expect from any parent, we take our children’s safety seriously. When we think about protecting our kids, we often envision securing their future through savings accounts, health insurance, and life insurance policies. However, one of the most critical, yet frequently overlooked, elements of family protection is auto insurance. When we get in the car with our kids, we want to make sure we’re protecting them while driving as well.  One way to do that is to make sure we have the best auto insurance coverage for our family. Here, we'll delve into the importance of auto insurance, the types available, and valuable tips to ensure your coverage effectively protects your family. Is Being “Legal For Less” Enough Coverage? You may recognize that tag line from an auto insurance TV ad, suggesting that buying just enough insurance to meet state minimum “legal” coverages is good enough.   You might even think you have “full coverage.”  Most people don’t really know what that means. They also don’t know that so-called “full coverage” isn’t going to cut it when it comes to protecting your family. So, let’s talk minimum coverage, full coverage, and then what else you can do to make sure your family is protected in the event of a car accident . Minimum Auto Insurance Coverage Being legal in Pennsylvania for auto insurance purposes requires very little.  To stay on the road, you must have at least the following minimum insurance: Bodily Injury Liability Coverage Bodily injury liability (BIL) coverage will only cover the other  person’s injuries and property damage if you cause an accident .  It provides no benefit to you for your injuries.  You need to have a minimum of $15,000 worth of bodily injury liability coverage per accident in Pennsylvania and $30,000 per accident.  Again, if you cause an accident, its not difficult to believe that the costs of repairs and injuries to the other person will exceed this minimum coverage, exposing your assets to claims for uninsured damages. Property Damage Liability Coverage Property damage liability (PDL) coverage compensates victims dealing with vehicle and personal property damages after a collision. You need to have a minimum of $5,000 worth of property damage liability coverage to stay on the road in Pennsylvania. First-Party Benefits “First-party benefits” is a special type of coverage that provides a variety of medical benefits to you if you’re injured in an accident. You must have at least $5,000 worth of first-party benefits as a driver in Pennsylvania.  With the high cost of healthcare, minimum coverage does not go very far and its very likely that you’ll end up with uncovered medical expenses as a result of an car accident. Optional Auto Coverages There are additional types of car insurance you may decide to opt into if you hope to protect yourself against accusations of liability. Some of the most common auto insurance options include: Underinsured motorist (UIM) coverage , which covers you, your family and the passengers in your vehicle if you are hit by a driver who does not have enough auto insurance coverage – which would be any driver who has the minimum coverage required by law. Uninsured motorist (UM) coverage covers you and your passengers if you are hit by a driver who does not have auto insurance.  The number of uninsured drivers on the roads is steadily increasing.   About 1 in 7 drivers has no insurance. UM or UIM stacking which allows you to multiply your UIM and UM coverage based on the number of vehicles on your policy. Loss of income which covers a portion of your lost wages if you are involved in a car accident, without regard to fault. Funeral benefits, which compensate your surviving family members for your funeral arrangements and burial costs. Comprehensive, which covers damage to your vehicle from vandalism, hitting a wild animal (like those pesky deer that seem to be everywhere), floods, fires, or vehicle theft. Collision, which covers vehicle repair costs in the event of a car accident. Rental car reimbursement coverage which covers the costs of your rental car after an accident. Extraordinary medical benefits which provide a maximum of $1 million in coverage for medical expenses that exceed your policy’s bodily injury liability limits.  This could be the cheapest health insurance you could purchase.  Accidental death benefits in the event of a car accident fatality These are only a few examples of the types of auto insurance coverage that you may want to consider purchasing if you hope to protect your family from the financially devasting effects of a car accident. Tips for Choosing the Right Auto Insurance Opt out of “Limited Tort” coverage You may be asked to waive your rights under the in return for a small discount on your auto insurance rates.  It’s not worth it.  There are other ways you can cut your insurance costs AND get the best coverage. Limited Tort Coverage:  Not Worth It Assess Your Needs Analyze your family's lifestyle and driving habits. Do you have young children? Are you often on the road for long distances? Understanding your unique circumstances will help you choose a policy that meets your specific needs. Shop Around Don’t settle for the first quote you receive. Comparing rates from multiple insurance providers can save you money and provide better coverage options. Consider Bundling Insurance Policies Many companies offer discounts for bundling auto insurance with other policies like homeowners or renters insurance. This can result in substantial savings. Review Your Coverage Annually Life changes—like a new driver in the household, moving to a new location, or purchasing a new vehicle—can necessitate adjustments to your coverage. Make it a point to review your policy regularly. Understand Your Policy Limits Ensure that your policy limits align with your family's financial situation. Opting for higher limits can provide better protection and prevent you from facing personal liability if an accident results in significant costs. 5 Insider Tips for Reducing Your Auto Insurance Bill Auto insurance is more than just a regulatory obligation; it is a vital part of your family's financial security. By understanding the various coverage options, making informed choices, and fostering safe driving habits, you can ensure that you are effectively protecting your loved ones on the road. Remember, proactive measures today can make all the difference in safeguarding your family's future. If you have specific questions about auto insurance or are seeking guidance on how to best protect your family with the right policy, don't hesitate to reach out. By approaching your auto insurance needs with diligence and care, you can drive with confidence knowing you’ve taken the necessary steps to protect your family.

The loss of a spouse is an emotionally challenging and overwhelming experience. In addition to the grief that accompanies such a loss, surviving spouses often face significant financial and legal complexities regarding their deceased partner's estate. One of the most pressing questions that may arise is: What are the rights of a surviving spouse to their deceased partner’s estate? The Importance of Marriage in Estate Planning In Pennsylvania, marriage fundamentally alters the dynamic of estate planning. A spouse can hold significant rights to inherit from the estate of a partner. The nature of those rights depend on whether the partner had a Will and if they did, when that Will was prepared in relation to the date of the marriage.  When Your Deceased Spouse Has No Will: Intestate Laws When a person dies without a will , they are said to have died "intestate." What this means is that the person elected to “waive” their right to create a plan to take care of their spouse and family after they are gone.  Pennsylvania has established a set of rules regarding how a deceased person's assets will be distributed in such cases. These rules fall under the intestacy laws of the state, which prioritize family members according to their relationship to the deceased. For a surviving spouse, the laws are particularly favorable: If there are surviving children : If the deceased spouse has children, the surviving spouse will inherit the first $30,000 of the estate, plus half of the remaining balance. This means that as a surviving spouse, you are entitled to a significant portion of your deceased spouse’s assets, even if there are children involved. If there are no surviving children : If the deceased spouse does not have any children, the surviving spouse is entitled to the entire estate. This ensures that the surviving spouse is fully supported, even in the absence of a will. When Your Deceased Spouse has a Will Prepared During the Marriage It may come as a surprise but there’s nothing unlawful about someone excluding their spouse from their Will or Living Trust.  That can come about for a variety of reasons: It’s Planned: In second marriages , it’s not unusual for spouses to partially or completely exclude one another from their Wills so that their children from prior relationships are not disinherited.  This might also occur in anticipation of senior care costs to preserve assets for one spouse while increasing the possibility that the other qualifies for government benefits to pay for expensive nursing home care. It’s a Surprise: It’s certainly shocking for spouses to find out they’ve been disinherited.  Sometimes this happens because of addiction or spending problems; others because of unforgiven problems in the marriage. Not Surprising at All: Some people who have long since been separated remain married for a variety of reasons. It is not at all unusual for them to prepare new Wills or Living Trusts making other provisions for their estates.      Pennsylvania’s elective share law allows a surviving spouse to choose between what is left to them by the deceased spouse or to choose an elective share of the decedent spouse’s property. Sometimes referred to as the “forced” share, the elective share means that, despite what the decedent spouse may have left to the surviving spouse, the surviving spouse can choose to take an elective share of the estate instead. This, of course, is chosen when the surviving spouse would receive a larger inheritance under the elective share than what the decedent spouse left to them. How Much is the Elective Share? The elective share is one-third of the decedent spouse’s estate. Not all property will be included in the elective share calculation. Life insurance policy proceeds of the decedent, for instance, will not be included. Retirement and deferred compensation plans that are controlled by a valid beneficiary designation also fall outside the purview of the elective share. It is also important to note that a surviving spouse who chooses the elective share waives the right to pursue other items to which they might otherwise be entitled. When a Partner has a Will Prepared Before the Date of Marriage In Pennsylvania, if someone dies with a Will that was executed before marriage, that Will is still valid unless it was revoked or amended prior to the date of death.  However, the law provides protections for surviving spouses by modifying the terms of the Will.  If the testator marries after making a Will, the surviving spouse receives the share of the estate to which they would have been entitled had the testator died intestate, unless the Will shall give the surviving spouse a greater share or unless it appears from the Will that the Will was made in contemplation of marriage to the surviving spouse. What to do if Your Spouse Passes Away When your spouse passes away, depending on whether they have a Will or not, it’s possible for a legal dispute to arise, especially if your spouse had children to prior relationships. Depending on the circumstances, this can lead to lengthy court battles, so it’s essential to consider all legal avenues: Determine if Your Spouse Has a Valid Will: For most couples, this will not be a problem. Many couples work together to have their estate plans prepared.  However, as we mentioned above, this is not always the case. Understanding the Will: If your spouse did have a Will, the first step for a surviving spouse is to examine the exact language of the Will. If the deceased did not revoke or update the will following the marriage, it might not accurately reflect the deceased’s intentions regarding the surviving spouse. Understand How Your Surviving Spouse’s Assets are Titled: Your deceased spouse’s assets may pass to you regardless of whether they had a Will or not.  Assets titled jointly or those that pass by virtue of a beneficiary form are going to pass regardless of what the Will says or the laws of intestate succession for decedent’s dying without a Will. Filing for Elective Share: To claim an elective share, the surviving spouse must file a petition with the court, typically within six months of the deceased spouse's passing. It's critical to act quickly due to the time-sensitive nature of these claims. Consulting an Attorney: Considering the overlapping complexity of estate law and family law , it is wise for surviving spouses to consult with an attorney experienced in these matters. An attorney can guide individuals through the process, help protect their rights, and devise a legal strategy tailored to their situation. Other Considerations It is worth noting that Wills, Living Trusts and beneficiary forms (for most accounts) can be updated or revoked at any time, and couples often choose to create new estate plans after marriage to better reflect their current circumstances and intentions. Therefore, it’s advisable for couples to review their estate plans regularly, especially after significant life events like marriage. Navigating the death of a spouse is difficult enough without the added complexities of Wills, Living Trusts and estate matters. Surviving spouses in Pennsylvania should be aware of their rights, particularly when a Will was created before marriage. By understanding the options available and seeking appropriate legal counsel, surviving spouses can ensure they are protected and can honor their loved ones' legacy while navigating the journey ahead. If you find yourself in this situation or want to learn more about your estate planning options, please feel free to reach out to Fiffik Law Group for a consultation. Our experienced estate planning and administration attorneys are here to support you through this challenging time.

As small business owners, you wear many hats — from finance manager to customer service representative. However, in today’s digital age, there’s one critical role you cannot afford to overlook: that of a cybersecurity advocate. With increasing reliance on technology and the internet, cyber threats pose a significant risk that can derail your hard work and investment.   Why Cybersecurity Matters   In Pennsylvania, nearly 99% of businesses fall into the small business category. While small businesses may think they’re too insignificant to be targets for cybercriminals, this couldn't be further from the truth. Here are some sobering statistics concerning the cybersecurity threat for small businesses owners:   Accenture’s Cybercrime study reveals that nearly 43% of cyber-attacks on small businesses. Only 14% of these accounted SMBs are prepared to face such an attack. On average, SMBs spend between $826 and $653,587 on cybersecurity incidents. 95% of cybersecurity breaches are attributed to human error. ( World Economic Forum ) The next five years are due to see a 15% increase in cybercrime costs reaching 10.5 trillion by 2025.   These attacks can lead to devastating data breaches, financial loss, and reputational damage. Protecting your business is not just about securing your digital assets; it’s about safeguarding your customers, employees, and bottom line.   Five Key Strategies to Enhance Cybersecurity in 2025   1. Regular Security Audits  Conduct regular security audits to identify vulnerabilities in your systems and networks. Perform penetration testing to assess your infrastructure’s resilience against cyber-attacks. Regularly update and patch software to prevent exploitation of known vulnerabilities. By proactively assessing your security measures, you can address any weaknesses and implement necessary improvements.   2. Data Encryption  Implement robust data encryption methods to protect sensitive information. Encrypting data ensures that even if it’s intercepted, it remains unreadable to unauthorized parties. Utilize encryption tools for emails, file transfers, and storage. Additionally, consider using full-disk encryption on all devices to protect against physical theft or loss.   3. Implement Multi-Factor Authentication (MFA)  One of the simplest yet most effective ways to protect your business is to implement Multi-Factor Authentication (MFA) on all accounts that hold sensitive information. MFA requires users to provide two or more verification factors to access an account, making it significantly tougher for unauthorized individuals to gain entry. In 2025, consider using MFA across all your platforms — from email accounts to financial systems. Not only will this bolster your security, but it also instills confidence in your clients that their information is safe with you.   4. Conduct Regular Security Training & Awareness Programs  A significant portion of cyber breaches results from human error. To combat this, regular cybersecurity training should be an integral component of your business operations. In 2025, make it a priority to educate your employees on the latest phishing scams, password management, and safe browsing habits. Consider hosting quarterly training sessions or bringing in external experts to keep your team informed about emerging threats. An informed employee is often your first line of defense against cyber threats.   5. Strengthen Your Data Backup and Recovery Plan  Cyber threats, such as ransomware attacks, can paralyze your business if you don’t have a robust data backup and recovery plan. In 2025, ensure that your data backup processes are reliable and regularly updated. Utilize a combination of local and cloud-based backup solutions to store critical business information securely. Regularly test your recovery procedures to ensure that, in the event of a cyber incident, you can quickly restore operations with minimal downtime. Remember, it’s not just about preventing attacks — it’s also about being prepared for when they happen. Don’t Wait Until You’re a Victim   The digital landscape continues to evolve, and so do the threats that come with it. As we move into 2025, small businesses in Pennsylvania must prioritize cybersecurity to protect their assets , clients, and reputation. By implementing Multi-Factor Authentication, conducting regular employee training, and establishing a solid data backup and recovery plan, you can significantly enhance your business’s cybersecurity posture.   Remember, cybersecurity isn’t just an IT issue; it’s a fundamental aspect of your business strategy. Stay informed, stay vigilant, and ensure that your small business is not just a statistic in the growing number of cybercrime victims. If you have further questions or need assistance establishing these best practices, don’t hesitate to reach out to a legal professional specializing in cybersecurity . Your business deserves the best protection possible!

Business owners and real estate investors often consider the option of transferring ownership of their properties into a Limited Liability Company (LLC). This decision is not merely a straightforward transaction; it carries significant legal and financial implications. Let’s guide you through the key pros and cons of this option. The Pros of Transferring Real Estate to an LLC 1. Liability Protection One of the most compelling reasons to form an LLC is the protection it offers against personal liability . When you hold real estate in an LLC, your personal assets (like your home, car, or savings) are generally shielded from lawsuits, debts, or other claims arising out of the real estate because it’s in the LLC.  Examples of claims include falling accidents, claims from tenants, vendors suing for unpaid bills, etc.  A claimant would need to sue the LLC because it owns the real estate, and not you.  This separation can offer peace of mind for property owners, especially those with multiple investment properties. 2. Tax Flexibility  LLCs often provide more favorable tax treatment than traditional corporate structures. By default, an LLC is treated as a "pass-through" entity for tax purposes, where profits and losses are reported on your personal tax return. This structure avoids the double taxation associated with corporations, potentially leading to tax savings.  3. Ownership and Management Flexibility LLCs also make it far easier for you to share ownership interests in the real estate without giving up control.  LLCs can have limited and general partners-type members and you can agree to share revenues and profits from the real estate through the LLC structure that would not be possible by owning the property in one or more individuals’ names.  The LLC agreement can also address important topics like how and when owners make contributions of cash for property expenses, who has which management responsibilities, who can make decisions regarding the property and how co-owners will decide to sell the property and split the profits. 4. Easier Transfer of Ownership Should you decide to sell or otherwise transfer your interest in the property, doing so through an LLC may streamline the process. Transferring membership interests in the LLC can be simpler and less costly than transferring individual pieces of real estate, avoiding the need for title searches and deeds. 5. Estate Planning Advantages An LLC can help facilitate smoother transitions of property upon death. The LLC agreement can include provisions requiring that a deceased owner’s interest be bought out, thus ensuring cash to your beneficiaries. It can also include a formula for valuing your ownership interest, and potentially reduce death taxes as a result.  By structuring your estate correctly, you can transfer membership interests without triggering estate taxes or undergoing the probate process , potentially saving your heirs time and money. The Cons of Transferring Real Estate to an LLC 1. Transfer Taxes and Fees In Pennsylvania, transferring property into an LLC may incur realty transfer taxes and additional fees. Those taxes will be at least 2% of the current fair market value of the property.  This is, by far, the biggest downside for most business owners.  It’s crucial to estimate these costs and factor them into your decision-making process to avoid unexpected financial burdens. 2. Loss of Homestead Exemption If you own your primary residence and decide to transfer it into an LLC, you may lose the benefit of the homestead exemption , which can result in higher property taxes. Homeowners need to assess this potential impact carefully. 3. Increased Complexity and Costs Establishing and maintaining an LLC comes with legal and administrative requirements. This includes filing documents with the state, maintaining records, and possibly hiring legal or accounting professionals. These ongoing costs and complexities can outweigh the benefits for some individuals. 4. Increased Borrowing Costs If you plan to refinance or secure new mortgage financing after transferring the property to an LLC, you may encounter challenges. Lenders may require you to obtain a commercial, rather than residential mortgage.  Commercial loans have higher interest rates, higher down payments, shorter loan terms, and therefore, higher monthly payments. Many lenders prefer working with individual borrowers rather than businesses, and the terms of financing may change. 5. Due-on-Sale Clause Issues Most mortgages include a due-on-sale clause, also known as an acceleration clause. This clause typically stipulates that the full outstanding balance of the mortgage becomes due and payable upon the transfer of ownership or any change in title to the property.  If you have a mortgage on the property you ware transferring into and LLC, the transfer may trigger the lender's right to demand immediate repayment. Transferring real estate ownership into a Limited Liability Company can provide several advantages, particularly regarding liability protection and tax flexibility. However, it also presents challenges, including costs and potential complications with financing. Before making any decisions, we recommend consulting with your CPA and one of our experienced business and real estate attorneys. They can help analyze your unique situation, discuss your overall investment strategy, and ensure that any move you make aligns with your long-term goals. Contact us today to schedule a consultation and take the next step toward securing your real estate investments!

By Michael Fiffik, Esquire   As a lawyer who helps launch hundreds of companies annually , I am often asked whether forming a limited liability company (LLC) will truly shield a company’s owner(s) from the risk of incurring personal liability. Very often, our clients are surprised to find out that the answer is “no” – forming an LLC only serves to limit personal liability with respect to the business in a few very specific, although important, ways. LLCs Protect Owners from Most Business Debts Although LLCs get their name from the fact that an owner’s personal liability is limited with respect to the business, that limitation applies mainly to liability for business obligations. For example, it’s true that the owner of an LLC will generally not be liable for the company’s debts or contractual obligations beyond the amount of their investment in the company. If the company fails altogether or defaults on a specific obligation, creditors will not usually be able to reach the business owner’s personal assets. That’s not to say creditors will not try to get at an owners assets. Forming an LLC does not mean that LLC owners will not get sued personally for business debts. They should be able to defeat those claims depending on whether they managed the company properly. In this sense, forming an LLC is often a good partial strategy for managing the most fundamental risk associated with owning a business – that it could ultimately fail. Some Risks Remain with the Business Owner Business owners should be aware that forming an LLC will not necessarily protect the owner from liability related to personal injury or other harms caused by business activities. Although ownership by itself generally will not render the LLC’s owner(s) personally liable for these harms, the mere fact that the LLC exists does not always shield the owner from personal liability if the owner is personally involved with the activity that causes injury. For example: if the owner of an LLC drives a company car to a business meeting and negligently causes an accident along the way, both the business and the owner are likely to be liable. The owner will not be able to claim that the LLC’s existence absolves them from personal liability because the owner was personally negligent in their operation of the company car. The injured party will likely sue both the company and LLC owner for damages. This is one reason why we caution entrepreneurs whose business is almost entirely delivered by the owner’s personal efforts. The limited liability aspect of an LLC offers little protection to owners personally deliver the services their business sells. A contractor who causes damage to a home will not be protected; an Uber driver who causes an accident will not be protected. As such, it’s important for an entrepreneur to thoroughly consider what risks are inherent to his or her business as well as what his or her personal relationship to those activities will be. Even if the owner plans to have no direct involvement with business activities that carry obvious risks of injury to others, there will still likely be some residual risk of personal liability, particularly for start-ups that often rely on its owners to wear many different hats. How to Mitigate Residual Risks There are a number of ways that these residual risks can be mitigated. Two that often prove useful are for the company to maintain adequate liability insurance and contractual provisions that limit damages claims. If there are multiple owners of the LLC, it’s a good idea to ensure that the company’s operating agreement adequately addresses when and how the company will indemnify owners for personal liability incurred in the course of business. Each business has a unique risk profile and it can often be helpful to work through these issues with an experienced attorney in order to ensure that the company’s governing documents include appropriate safeguards regarding the apportionment of liability. The experienced business attorneys at Fiffik Law Group regularly help entrepreneurs and start-up companies navigate the complex legal issues that arise during a company’s formation and early growth stages. If you would like to speak with one of our attorneys, please contact us today.

Pennsylvania is known for having severe winter weather, often resulting in treacherous road conditions for motorists. Winter weather can affect vehicle performance and driver visibility, sometimes resulting in serious accidents. Here are some of the most common weather conditions that contribute to car accidents in the Pennsylvania area. Car Accidents Caused by Snow The Pennsylvania area receives about 20 inches of snow accumulation annually, enough to expect several days per year when local drivers must contend with snow-covered streets and highways. The PennDOT winter travel guide offers good advice about the precautions drivers should take in winter conditions. Any of the following driving behaviors on a snow-covered road could constitute negligence and may lead to accidents: Following too close to the car ahead Making sudden stops and starts Using cruise control Failing to remove snow from windshields, windows, and mirrors Failing to remove snow from car surfaces, such that it flies off and blinds other drivers Car Accidents Caused by Ice Like snow, ice is another winter weather driving condition in Pennsylvania that can lead to catastrophic accidents. In fact, ice may present even more dangers than snow because drivers may sometimes have difficulty spotting it. Roadways that look wet but are actually frozen - a condition commonly called black ice - results in some of the worst accidents on local roads. Anyone who has ever hit a patch of black ice knows it’s scary. Even at low speed, a driver can lose control of a car. When black ice contributes to a motor vehicle accident, the question to ask is whether he or she was ignoring the danger of icy roads altogether and driving on a black ice-covered street as if it’s just a little wet. Whenever temperatures hover around freezing and roads are wet, ice is a concern. A driver who fails to exercise extreme caution in those conditions may be acting negligently. Tips for Winter Driving Ice on the roads brings unique challenges for all drivers. Black ice in particular can be extremely dangerous, as it’s basically invisible so you won’t know you’re driving on it until you hit it. While avoiding driving on icy roads altogether is generally recommended, there are a few things to keep in mind should you get stuck out there during a winter storm: Stay calm. Panicking when you’re driving in dangerous conditions is not going to help your situation. Try to keep your cool, take a few deep breaths, and keep your eyes open and your hands on the wheel. Properly prep your vehicle. Before driving in winter weather, make sure to clear your vehicle of any snow and ice so you can see out of every window. Keep your gas tank at least half full, and bring along proper winter gear including gloves, a hat, and a blanket in case of any emergencies. Pump your brakes. Try to avoid sudden movements when you hit an icy spot, and this includes accelerating and/or jamming on the brakes. Hitting the brakes too forcefully will cause the car to slide, and you can easily lose control of the vehicle when that happens. Turn into a slide. Sometimes sliding on icy roads is unavoidable. If you feel your vehicle sliding or fishtailing, slow down by gently reducing your speed as mentioned above. Turn the wheel in the direction the rear of the car is sliding, keeping your eyes on where you want the car to go so your hands on the wheel follow them. Avoid hills and bridges. Plan your route accordingly by avoiding dangerous areas like hills and bridges. There will be no way to stop yourself from sliding down an icy hill, as gravity will be working against you in this case! Also, remember that bridges and overpasses tend to freeze faster than other roads, even when they’ve been treated with salt. Be cautious of other drivers. You might feel confident enough to drive on icy roads, but others out there may not. Always stay alert and aware of those around you, keeping a safe distance away from other vehicles at all times. Filing a Car Accident Lawsuit After a Bad Weather Car Accident When these accidents are the result of driver carelessness or negligence, victims may be able to recover by filing a personal injury lawsuit against the person or party responsible for their injuries. Proving negligence in a car accident case that occurs in bad weather can be a complicated issue, so it is advisable for those considering bringing a personal injury claim to consult with an experienced Pennsylvania personal injury attorney as soon as possible after an accident. Schedule a free consultation today to get your personal injury case started.

In many states, social hosts can be held liable for serving alcohol to people who ultimately injure or kill others due to their intoxication. Pennsylvania’s law on this issue is more complicated. Under Pennsylvania’s alcohol laws, only establishments licensed to serve alcohol, like most bars and many restaurants, are responsible for the actions of patrons who go on to hurt other people. Even in those cases, liability is restricted. Injured parties may be able to secure compensation, but only if they can prove that the licensed establishment continued serving alcohol to a “visibly-intoxicated” person. Social Host Liability Private social hosts ( that’s you if you are hosting a party in your home ) can only be held accountable for injuries caused by people under the age of 21, Pennsylvania’s legal drinking age. To date, the state’s courts have been unwilling to pass liability on to social hosts who serve alcohol to people over 21, even when they were visibly intoxicated at the time. One exception to this general rule is if the host is providing alcohol for a price - charging a fee or asking for a monetary donation could dramatically increase your host liability ( as well as violate a variety of liquor license laws prohibiting the sale of alcoholic beverages .) Social Host Liability Requires “Knowing” Service But Pennsylvania’s social host laws are even more limited than that. Social hosts can only be held accountable if they knowingly furnish alcohol to a minor. Let’s say you have a party one night, and your 19-year-old son is present. If he takes some of the alcohol that you are serving without your knowledge and then gets into a car accident later on, it is highly unlikely that you would be held accountable for any injuries, no matter how severe. If you handed him a beer, on the other hand, you could be on the hook for his actions. You may be inclined to allow your underage children to host friends and serve them alcohol thinking that it is safer if you at least know where they are. Although we cannot encourage underage drinking, you are still “hosting” the party, so you will need to be aware of whether your child is knowingly furnishing alcohol to a minor. The test for determining whether a social host is civilly liable for injuries sustained by a minor as a result of consuming alcohol is whether the host intentionally rendered substantial assistance to the minor in his or her consumption of the alcohol, not whether the host actually and physically served the alcohol to the minor. Plan for Guests’ Safety The primary risk of danger that arises from hosting a party is that a guest drinks, drives and causes an accident. On average, driving accidents rise during the holidays, so it is crucial that your guests have a safe ride on a night when so many people are out and about. You will want to be sure that your guests who have been drinking get a ride from a designated sober driver or call an Uber. You might even consider hiring a driver for the evening to provide people a way to get home. Make a Plan With Your Kids Set a reasonable curfew with your kids for their New Year’s Eve festivities. If they are old enough to drive, be sure they understand the dangers of driving on the holiday. Encourage them to stay in one location instead of hopping from party to party. Fiffik Law Group represents victims of drunk driving accidents. Our attorneys are dedicated to providing clients and their families with passionate representation in court. We use every available resource at our disposal to get maximum compensation for our clients at trial or in a settlement. Nothing is more important to us than our clients. From the moment you contact our office, you are treated with the personal attention and respect you deserve. Contact us for a free consultation about your case.

Grandparents often play a vital role in a child’s life. As the fabric of the modern family unit continues to change, many grandparents find themselves in the position of wanting to maintain a meaningful relationship with their grandchildren amidst custody disputes or separations involving their parents. The Legal Framework In Pennsylvania, grandparents do not have an automatic right to visitation with their grandchildren . However, the state does recognize that maintaining a relationship with grandparents can be in the best interest of children. Therefore, the law provides a pathway for grandparents to seek visitation under certain circumstances. The relevant statute is found in 23 Pa.C.S.A. § 5324, which outlines the conditions under which a grandparent can petition for visitation: If the parents are divorced or separated: Grandparents can seek visitation if their child (the child's parent) is divorced from or has separated from their spouse. If one parent has died: In situations where one parent has passed away, the surviving grandparent can petition for visitation. If the child has been removed from the home: If the child is currently living with someone other than a parent due to neglect, abuse, or other family issues, grandparents may seek visitation. If the child’s parents are not married or have a broken relationship: Grandparents can petition to maintain contact even if the parents' relationship has deteriorated. Factors Considered by the Court Following is a list of factors that courts have considered when deciding whether to grant requests for custody and requests for visitation rights.  This list shows the sort of details that grandparents should mention in a custody complaint or petition. The quality of the relationship between the child and each parent, grandparent, or person seeking custody; The present relationship of the parents or grandparents with their own families, and the child’s relationship with those relatives; The educational and employment backgrounds of the grandparents and parents; The parents’ history as a couple and the reasons why they separated; The role each parent and grandparent played in raising the child while the parents lived together and the role each plays now that they are separated; The mental, emotional, and physical health of each parent and grandparent and any treatment rendered to them by professional health care providers; The religious training and practices of each parent and grandparent, and their views of the same with respect to the child; Each parent and grandparent’s personal relationships with other significant adults, the stability of those relationships, and how those persons relate to the child; The stability and quality of the existing or proposed living arrangements, neighborhood, and schooling; The child’s school performance history; The child’s relationships with other siblings or step-siblings; The child’s extracurricular activities; The child’s present friendships or the potential for developing friendships in a new environment; The child’s present physical, emotional, and mental health and any treatment rendered to the child; The expressed preference of the age-appropriate child. The Legal Process to Enforce Your Visitation Rights If you find yourself in a situation where you wish to pursue visitation rights, understanding the process can help set realistic expectations: Visitation: The journey begins with filing a petition in the appropriate county court (where the child/ren reside). In your filing, you will need to demonstrate your relationship with the grandchild and outline the reasons why visitation is in the child's best interests. Best Interests of the Child: The court will evaluate the petition based on the "best interests of the child" standard. This can include factors like the emotional bonds between the grandparent and the child, how the child has been affected by the parents' situation, and the overall health and well-being of the child. Mediation: Often, courts will encourage mediation between the parties involved. This step aims to facilitate a resolution outside of formal court proceedings, which can be less adversarial and more amicable. Court Hearing: If mediation fails, the court will hold a hearing. Both parties may present evidence and witness testimony. It is essential to prepare thoroughly—gather documentation, photographs, and any other supporting information that illustrates your relationship with the child. Court Decision: After considering all evidence, the judge will make a decision regarding your petition. If visitation is granted, the court will outline the specifics of the visitation schedule. Challenges and Considerations While many grandparents successfully obtain visitation, it’s important to understand that the process can be complex and emotionally charged. The psychological impacts on family members, the financial implications of legal proceedings, and the potential for increased tension between family members can be significant. Moreover, parents have the right to challenge the petition, and if they can convincingly argue that visitation would not be in the child's best interest, the court may deny the request.   Navigating grandparents’ visitation rights in Pennsylvania can be challenging, but understanding the legal framework and process is the first step in advocating for your relationship with your grandchildren. If you find yourself needing to explore these rights, consider consulting a family law attorney experienced in Pennsylvania law to guide you through the process. Remember, the goal is not just to gain visitation rights but to foster a loving, supportive bond with your grandchildren that enriches their lives. If you have questions or would like personalized advice, feel free to reach out to Fiffik Law Group to discuss your situation in greater detail. Your ability to maintain a close relationship with your grandchild could hinge on understanding your rights and taking the appropriate legal steps to enforce them.

Sexual harassment in the workplace remains a critical issue that can impact employee morale, mental well-being, and overall workplace culture. There are many different ways in which sexual harassment can manifest in the workplace and it doesn’t always need to be overtly sexual in nature. Some ways may be obvious and direct which can cause a hostile work environment while other times an offender can be oblivious to the impact their behavior has on other people.    What is Sexual Harassment?   According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.   The conduct also needs to be severe or pervasive in order to be considered harassment. While the behavior doesn’t always need to be sexual in nature, it often is.  However, there are incidents of sexual harassment where the harasser’s behavior can be outright offensive or off putting without indicating a desire for sexual interaction. An example of this would be a harasser making an offensive comment about a woman and her attire.   Common Examples of Sexual Harassment in the Workplace   1. Verbal Harassment For example, inappropriate sexual jokes that make a  co-worker uncomfortable  can be sexual harassment. Additional forms of verbal sexual harassment can include: Sexual comments about an employee's clothes, hair, complexion, or physique Referring to an adult as a girl, stud, sugar, hunk, doll, babe, honey, or any other unprofessional term of endearment Whistling or catcalling someone Asking about sexual fantasies, preferences, or history Making sexual comments or innuendos Repeatedly asking an uninterested person out on a date Turning work discussions into sexual topics Telling sexual jokes or stories Telling lies or spreading rumors about a person's personal sex life Asking personal questions about social or sexual life Making kissing sounds, howling, and smacking lips Sharing explicit pictures or videos     2. Physical Harassment Generally, any unwanted physical contact that makes a co-worker uncomfortable can potentially be considered sexual harassment. It's common knowledge that most professional settings have very few instances where physical contact with a co-worker is necessary. Handshakes, high fives, first-aid, or a light tap on the shoulder are fairly innocuous and difficult to consider sexual. Unwanted Touching: Any unwanted physical contact, such as hugging, backrubs, pinching, patting, or brushing up against someone’s body, can be deemed harassment. This behavior often crosses the line, regardless of intent. Obscene Gestures: Making sexually charged gestures, such as lewd hand signals or mimicking sexual acts, is inappropriate and can constitute harassment.   3. Digital Harassment With the integration of digital communication into almost every aspect of our lives, we’ve seen a huge increase in sexual harassment and cyberbullying via digital communications. Digital messaging: Sending flirtatious or explicit messages and images through text, email, social media, or workplace messaging platforms can also qualify as harassment when unsolicited. Cyberstalking: Persistently sending unwanted messages or engaging in harassing behavior via digital channels, even after being asked to stop. Cyber flashing:   Sending unsolicited explicit images or videos to individuals without their consent, often via messaging apps or social media platforms. Revenge-porn:   Non-consensual sharing of intimate images, commonly referred to as revenge porn, involves the distribution of sexually explicit images or videos without the subject's consent. This can occur as a form of harassment, retaliation, or exploitation, and can have devastating consequences for the victim's privacy, reputation, and mental well-being.   4. Non-Verbal Harassment Non-verbal gestures and behavior can cross the line of professional conduct into sexual harassment.  Examples include: Giving personal (intimate) gifts Looking at a person up and down Staring at someone Blocking a person's path Making facial expressions such as winking, throwing kisses, or licking lips Following the person Displaying sexually suggestive visuals Making sexual gestures with hands or through body movements Leaving someone notes with sexual messages or pictures Removal of clothing in front of someone Suggestively touching oneself   Why Recognizing Sexual Harassment Matters   For victims, understanding these examples is crucial in recognizing that they may not have to endure the behavior. Moreover, a well-informed workforce can help in creating a culture of respect and accountability. Employers in Pennsylvania are legally obligated to take all complaints seriously and investigate them thoroughly to maintain a safe workplace environment.   What Should You Do If You Experience or Witness Sexual Harassment?   If you feel uncomfortable or targeted by any of the behaviors described above, consider taking the following steps:   Tell the harasser to stop: If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome. Document the Incident: Keep a detailed record of dates, times, locations, what was said or done, and any witnesses or evidence.  Do not delete digital messages that include proof of unwanted messages or images. Record incidents:  If it’s possible, make a digital recording of any offensive interactions while they are happening. Report the Behavior: Follow your company’s harassment policy and report the incident to HR or a trusted supervisor.   If you know someone in whom you can confide, share the information with them as well.  It’s always good to have a witness.  Seek Medical or Mental Help: Seek assistance from a medical or mental health care professional if you have been physically or emotionally harmed by the harassment. Seek Legal Counsel: Consult with a Fiffik Law Group attorney experienced in employment law if your employer fails to take appropriate action or if you feel further steps are necessary. Sexual harassment has no place in the workplace, and understanding its various forms is vital for employees and employers alike. By recognizing these behaviors, we can foster a safe and respectful working environment. If you find yourself or someone you know dealing with workplace harassment, do not hesitate to contact Fiffik Law Group and know that you have the right to speak up.

As the cost of living continues to rise, many homeowners are seeking innovative strategies to manage their finances. Thankfully, with some foresight and planning, it is possible to significantly reduce the costs associated with homeownership . Here are five practical tips to help you save money and empower your financial health in 2025 and beyond.   1.  Apply for the Homestead Exemption for Your Home   The Homestead/Farmstead Exclusion (Act 50) provides for a reduced property tax assessment on qualifying owner-occupied properties for county tax purposes only.   Only your primary residence is eligible for the exclusions.  If approved, the first $18,000 of your assessed value are excluded from tax.   Applications must be received by March 1.  Once you apply and are granted, there’s no need to apply again.  You can obtain the application by calling your county assessment office .   2.  File a Tax Assessment Appeal   Many municipalities and counties are considering tax increases in 2025.  You should consider filing an appeal if your tax assessment is out of line. It ensures fairness in property valuation.  Reasons to consider a tax appeal include a recent increase in the millage rate for your local or county taxing authority, the description of your property with the assessment office is inaccurate and your property is over-valued due to outdated assessment techniques or changes in area property values.  You can talk with one of Fiffik Law Group’s experienced tax assessment attorneys for advice on whether an appeal might be a good idea for you. Assessment Appeal Questionnaire   3.  Request Cancellation of Private Mortgage Insurance   You have the right to remove  PMI  for many mortgages, once you have paid down your mortgage to a specified point. Ending PMI reduces your monthly costs.  The cost of private mortgage insurance, or PMI, is about 0.5 to 1.5% of the loan amount per year. This annual premium is broken into monthly installments, which are added to your monthly mortgage payment. So a $300,000 loan would cost around $1,500 to $4,500 annually — or $125 to $375 per month.   You have the right to ask your  servicer  to cancel PMI on the date the  principal balance  of your mortgage is scheduled to fall to 80 percent of the original value of your home. The first date you can make the request should appear on your PMI disclosure form, which you received along with your mortgage. If you can't find the disclosure form, contact your servicer.  You can ask to cancel PMI ahead of the scheduled date, if you have made additional payments that reduce the principal balance of your mortgage to 80 percent of the original value of your home.  You can also have your home appraised and it’s possible that it’s increased in value and, as a result, your current mortgage balance is at 80 percent of the original value of your home.     4.  Reduce your Homeowners Insurance Premiums   If you want to hunt down the  best value for your insurance dollar , comparison shopping is a good way to start. Companies’ judgments of you and your property won’t be identical, so you may get a more favorable price from one company than from another. Just make sure you’re comparing coverage apples to apples.  Other tactics include bundling your homeowner’s insurance with auto coverage.   You could ask your agent whether increasing your deductible will result in premium reductions. You might also clean up your credit score.  Poor credit scores can generate premiums twice as high as those for customers with good credit.  If you installed a new roof or made other repairs to your property, ask if these will help with costs.   5.  Cut Utility Costs   Embracing energy-efficient habits, such as turning off the lights when you leave a room, can help reduce monthly utility bills.  Unplug devices when they’re not being used.  The United States Department of Energy reports that homeowners can save anywhere between $100 and $200 each year by unplugging devices not in use.  Seal poorly sealed windows and doors.  Install a programmable thermostat to lower the temperature in your house at night or when you aren’t at home.  Consider lowering the temperature of your water heater as well.  Most properties don’t need water heaters set higher than 130 degrees Fahrenheit. You could also use a water heater blanket and hot water pipe insulation to conserve energy throughout the home.   Final Thoughts   Homeownership is a major financial responsibility — but it shouldn’t be a continuous monetary burden.  We’re all looking to make our money stretch even further in 2025.  We hope these tips are helpful to you.

Bankruptcy can seem like a daunting decision for many individuals and businesses facing financial challenges. However, when managed appropriately, it can serve as a vital tool for regaining financial stability. If you're residing in Pennsylvania and are considering this route, you may be wondering what benefits bankruptcy can provide. Here are the top five reasons to file for bankruptcy:   1.  A Bankruptcy Filing Stops in Their Tracks Foreclosures, Evictions, Repossessions, Garnishments, and Other Creditor Actions   Filing for bankruptcy automatically triggers an "automatic stay," which temporarily halts most collection actions against you. This means that creditors can no longer contact you, garnish your wages, or pursue lawsuits to collect debts. You cannot be evicted from your home.  Nobody can repossess your car or your belongings.  The automatic stay provides crucial breathing room, allowing you to focus on your situation without the pressure of continuous harassment from creditors, lenders and landlords.  In circumstances where you are facing foreclosure , the automatic stay can even provide you with the time needed to catch up on missed payments or negotiate alternatives with your lender.   2.  A Bankruptcy Can Stop Utility Terminations and Even Restore Terminated Service   A bankruptcy filing stops any threatened utility terminations and restores terminated service, at least for 20 days. To keep utility service beyond 20 days after the bankruptcy filing, a security deposit (usually equal to approximately twice the average monthly bill) must be paid and the consumer must keep current on new post-bankruptcy utility charges but need not pay the past-due charges incurred before the bankruptcy was filed. Often the consumer can take 60 days to pay the deposit and some utilities may not require a deposit.   3.  Debt Relief   The primary purpose of bankruptcy is to provide relief from overwhelming debt. Whether it's medical bills, credit card debt, or personal loans, filing for bankruptcy can lead to a discharge of your unsecured debts. This means that once your bankruptcy is finalized, you're no longer legally obligated to pay these debts, allowing you a fresh start financially.   Certain debts may not be discharged, such as most taxes, alimony, child support, and debts incurred after the bankruptcy case was started. Federal student loans can be discharged only if repayment will be an undue hardship on the consumer’s family. Certain private student loans can be discharged in bankruptcy.   In Pennsylvania, individuals typically consider either Chapter 7 or Chapter 13 bankruptcy, both of which offer different paths to debt relief. While Chapter 7 may liquidate certain assets to pay off creditors, Chapter 13 allows for the reorganization of debts and repayment plans over time.   4. Opportunity for a Fresh Start   Declaring bankruptcy can give you an opportunity for a fresh financial start, particularly for individuals who find themselves trapped in a cycle of debt that feels insurmountable. By discharging your debts, you can emerge from bankruptcy with just a clean slate, which can allow you to rebuild your financial life more effectively.   While filing for bankruptcy may initially impact your credit score, it doesn't have to spell long-term financial doom. In fact, many people find that they can start to rebuild their credit within a few short years of filing. After debts are discharged, your debt-to-income ratio improves, making it easier to qualify for credit products in the future.   Additionally, responsible use of credit after bankruptcy—including secured credit cards and small loans—can help you demonstrate creditworthiness. With time and prudent financial management, many individuals see their credit scores rise, enabling them to make significant purchases, such as homes or vehicles, again.   5. Protecting Your Assets   Many Pennsylvania residents may believe that filing for bankruptcy will result in losing all their possessions. However, Pennsylvania law offers various exemptions that can protect essential assets. For example, your primary home (up to a certain equity limit), personal belongings, retirement accounts and a vehicle (up to a certain value) may all be exempt from liquidation during bankruptcy proceedings.   Working with an experienced attorney can help you navigate the exemptions available to maximize your protection and minimize the impact on your assets.   Is Bankruptcy Right for You?   Deciding whether to file for bankruptcy is a deeply personal decision that requires careful consideration. It's essential to evaluate your financial situation fully and seek professional guidance from a qualified attorney. If you’re grappling with insurmountable debt, the benefits of bankruptcy may provide the relief you need to regain control of your financial future.   Fiffik Law Group has experienced bankruptcy attorneys who are dedicated to helping individuals navigate financial hardships. We encourage anyone uncertain about their options to reach out for a consultation. Together, we can explore whether bankruptcy might be the right solution for your unique situation, helping you embark on a path toward financial recovery.

Losing a partner is an incredibly painful experience, filled with emotional challenges and complex life considerations. One pressing question that often arises during this difficult time is: “Can I continue living in my partner’s home after their death?” The answer largely depends on several factors, including ownership of the property, your relationship with your partner, and whether there are any surviving heirs or mortgage obligations. Let’s explore these aspects to provide clarity on this sensitive issue.   1. Understanding Property Ownership   The first question to answer is determining how the property is owned:   Sole Ownership If your partner solely owned the home and did not leave a will , the property may go through Pennsylvania's intestacy laws. As an unmarried partner, you have no right to any portion of the home under the intestacy laws.  Pennsylvania does not currently recognize common law marriage for unions formed after January 1, 2005. However, its possible that common law marriages that were established before that date could be recognized.  You may end up in litigation with your partner’s heirs trying to prove your common law marriage.  Another possibility might  be proving you had an equitable interest in the home, such as having contributed to the mortgage or improvements made to the property.  Neither is a good or economical option.   Joint Ownership If you and your partner owned the home together, whether as joint tenants with right of survivorship or tenants in common, your rights may be different. You’ll need to review the deed and see what is states about why kind of joint ownership you have.  In the case of joint tenancy with right of survivorship, the surviving partner automatically inherits the deceased partner’s share of the property, allowing you to continue living there without disruption. However, in a tenancy in common scenario, the deceased partner's share may pass to their heirs, which could complicate things.  You’ll own your half of the property but you may have to buy your partners’ heirs out of the other half of the property.   Tips for Unmarried Couples Buying a Home Together   2. Tenancy Rights   If you were renting the home together and your partner has passed away, Pennsylvania law provides certain protections for surviving tenants. Typically, tenants also have the right to continue living in the property as per the original lease. However, you should notify the landlord of your partner’s death, as the lease may require updates or changes based on the tenancy agreement. It’s advisable to review this document carefully and consult an attorney if you’re unsure of your rights.   3. Living Arrangements and Legal Considerations   Continuing to live in the home may also depend on other considerations:   Co-Habitation Agreements We highly recommend that unmarried couples living in a home that one of them owns have a co-habitation agreement.   These agreements cover not just the death of a partner but also break-ups, extended disability and other events of life.  They can provide for an orderly transition out of the home, repayment of expenses each partner put into the home, sale of the home and division of the proceeds.    Estate Administration If your partner had a will or trust, they could give you the right to continue living in the property even if they do not convey ownership to you.  This might be as simple as giving you a specific time period to transition to a new residence. It could also allow you to remain indefinitely so long as you continue paying the bills.    Mortgage Obligations If there is an outstanding mortgage on the property, determine if you will need to assume responsibility for payments. This is particularly important if you want to continue living in the home. Discuss with the mortgage lender about your options, as some lenders may allow you to take over the mortgage, while others may require the estate to be settled first. Navigating life after the loss of a partner is profoundly challenging, and the legalities surrounding property ownership can add to the confusion. Understanding your rights in Pennsylvania regarding the continuation of living in your partner’s home is vital to making informed decisions during this difficult time.   If you find yourself in this situation, it’s advisable to consult with Fiffik Law Group’s experienced real estate and estate planning attorneys . We can provide tailored guidance based on the specifics of your situation and help you explore your options, ensuring you have the support you need as you move forward.