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I’ve been injured.  How do I know if I have a claim?

We’ve all heard or read articles about our “lawsuit happy” culture.  The fact is that persons injured have had the right to bring a claim for compensation since colonial times.  The law has evolved since then, but the fundamental principal that a party injured by someone else’s carelessness has a legal right to be made whole hasn’t. 

How do you know if you have a case?

Only a qualified and experienced personal injury attorney can evaluate the specific facts of your case and determine whether a case can successfully be brought. Our attorneys have successfully represented hundreds of clients who have been injured in motor vehicle accidents, slip and fall accidents, sports related accidents, dog bite incidents, and injuries which resulted from dangerous and defective products.    

How long do I have to sue?

You might be familiar with the term “statute of limitations”.  Each state sets time limits within which claims must be brought.  In Pennsylvania and New Jersey, the time limit applicable to claims for injuries is two years.  Failure to file within that two year time period will result in a claim being permanently time barred. 

Can I still win a personal injury claim, even though I was partially at fault?

Yes.  In Pennsylvania, so long as you are not more than 50% at fault, you can still be compensated for your injuries.  Your compensation is reduced by the percentage of fault attributed to you.  As an example, assume you are injured in a car accident and the jury finds that you should be awarded damages in the amount of $100,000.  If the jury also finds that you were partially at fault for the accident, say 30%, the damage award will be reduced by 30%.  In this example, you would recover $70,000 ($100,000 - $30,000). 

If I was injured on the job, can I still file a personal injury claim? 

If you were injured on the job, in addition to filing a Workers’ Compensation claim, you can also file a personal injury claim if a party other than your employer was at fault for your injuries.  For example, imagine you are injured when, while operating a punch press, the mechanism activates while your fingers are in the way.  You may not bring a claim against your employer, but you may bring a claim against the manufacturer of the punch press if your injury resulted from a defect in its design or manufacture.  Another example: Suppose you are a salesperson and you spend a lot of time in your car traveling from sales call to sales call.  On the way from one call to the next, your vehicle is struck in the rear by a negligent driver.  You can file a personal injury claim against that negligent driver.   In each of these examples, as an employee acting within the scope of your employment, you can be compensated for your injuries through Workers’ Compensation and also file a personal injury claim against the party at fault for your injuries. 

What is consortium?

The law recognizes that when one spouse is physically injured, the non-injured spouse is also affected.  These effects range from intimate relationships to changes in personality making the injured spouse grumpy; testy; short-tempered; to extra work imposed on the non-injured spouse because his or her partner is no longer able to help with the children, the household chores, or maintenance.     

Who pays for my medical bills in a personal injury case? 

If you were injured as a result of an automobile accident, your own automobile insurance carrier pays for your medical bills up to the limits under your policy.  After your automobile insurance policy limits have been exhausted, any remaining medical bills are paid by your private health insurance carrier.  If you qualify for Medicare or Medicaid, those programs also pay for medical expenses after any applicable insurance under your automobile policy is exhausted.  

If you were injured in an accident other than an automobile accident, your medical bills are paid by your private health insurance carrier or Medicare or Medicaid as applicable. 

Is there an obligation to reimburse my insurance carriers for the medical bills they pay for my treatment?

Yes, depending upon which insurance carrier pays. 

If you were injured as a result of an automobile accident, and your bills are paid by your automobile insurance policy, there is no repayment obligation.  If your private health insurance carrier paid some or all of the bills, there may be a repayment obligation depending upon whether you are a participant in a group plan offered through your employer.  If Medicare, Medicaid or Workers’ Compensation paid any portion of the medical bills, they must be reimbursed. 

If your injuries are not the result of a motor vehicle accident, you are obligated to reimburse your private health insurance carrier, Medicare, Medicaid and Workers’ Compensation, if any of your expenses are paid by them. 

Keep in mind, however, that the amount you are obligated to pay in reimbursement is a part of the claim presented against the negligent party.  A damages award will include these amounts, as well as compensation due to you for any out of pocket loss you sustain (such as co-pays and deductibles), any lost wages and the pain, suffering and trauma you’ve suffered.

For more information about our Business & Finance services, contact:


 

 

 As companies grow, so does their need to manage financial, legal and operational challenges.  Creating sustainable growth requires hard work, planning and a sound stragety, this is where AMM's business team can help.

Our business clients range from high-growth, early-stage companies and regional community banks to mature, closely-held manufacturing and licensing enterprises, as well as service companies and health care providers.  We create long-term relationships with our clients as they rely on our integrity, capabilities and responsiveness to their questions and concerns.  Our legal team anticipates the needs of clients as those needs evolve over the life cycle of the business.

 

Our Practice Focus:  

Industries Served:  

  • Manufacturing & Industrial
  • Professional Service Providers, Including Accounting, Legal, Engineering,
    Medical & Financial Advisory Services
  • Biotech & Pharma
  • Technology/Software
  • Real Estate Developers                                                                                                                                                
  • Nonprofit Organizations
  • Restaurants & Hospitality
  • Healthcare Providers

Banking law covers a wide variety of topics relating to the regulation of banks, bank officials, and non-bank institutions that offer bank services. Antheil Maslow & MacMinn’s Business & Finance Practice Group attorneys understand the challenges financial institutions face on a daily basis.

From simple loan documents to complex land development deals, Antheil, Maslow & MacMinn attorneys help in balancing the need to make intelligent lending decisions with the desire to establish and maintain strong customer relationships. We understand the needs of a company and the requirements of lenders, bringing a depth of experience to the legal needs of the Greater Philadelphia area including Bucks County and Montgomery County for the following services:

  • Documentation for loan workouts, receiverships, assignments, restructuring/reorganizations, repossessions, bankruptcies and foreclosures
  • Negotiable instruments (e.g., bill of exchange, promissory note)
  • Commercial asset-based and unsecured financing
  • Real estate secured and unsecured financing
  • Construction financing
  • Commercial leasing
  • Sales of loan and lease portfolios
  • Creditor’s rights
  • Defense of Fair Credit Reporting Act claims
  • Defense of lender liability claims
  • Defense of Fair Debt Collection Practices Act claims

 

Starting a business can be an exciting and challenging time.  There are complex legal issues to take into consideration, but the rewards are often worth the trouble.  The Corporate practice group at Antheil Maslow & MacMinn, LLP understands that it is important to construct a solid foundation as you begin to build your business enterprise, and there are fundamental decisions that a business owner must make. 

To make your business’s start easier, better organized, and more cost effective, our practice offers new small business owners bundled entity formation services which include the following:

1.    Formation Documents – Our office will prepare and file the appropriate formation
       documents for your new business, including:
       a.  Corporations: Articles of Incorporation, Bylaws, Stock Certificates, Waiver Agreement and preparation of
             legal publications*
       b.  LLCs: Certificates of Organization, Operating Agreement

2.    Tax – Our office will ensure that your new business has filed and made the appropriate tax
       filings and elections at the direction of your accountant:
       a.  SS4/EIN application
       b.  S-Election/Check-the-box

3.    Our office will provide you with a detailed instruction letter along with the organizational
       documents to make sure that you and your business do not have a rough start.

Fee Structure:

Fixed Fee for Corporations of $1,000 (includes all filing fees & minute book)*

Fixed Fee for LLCs of  $750 (includes all filing fees & minute book)

*Legal publication fees are not included.

Antheil Maslow & MacMinn attorneys devise strategies to ensure compliance with local, state and federal tax laws by monitoring changing tax regulations, interpreting new developments, and staying ahead of any issues that might arise for clients in the Greater Philadelphia area including Bucks County and Montgomery County.

Almost every business decision carries tax implications. The emphasis of our Tax Law Practice Group is not on just "doing the deal," but making sure the deal is structured most advantageously from an income and estate tax standpoint. We provide a full range of services for tax planning, consulting, and legal representation in the following areas:

  • Analysis of new tax laws and regulatory impact
  • Structuring and planning for acquisitions and dispositions of businesses
  • Executive compensation, including stock options
  • Tax planning for real estate purchases, exchanges, or sales
  • Buy-sell and other succession agreements for businesses
  • Sophisticated tax planning strategies for disposition of publicly-traded stocks
  • Advanced pension and retirement strategies
  • Advice regarding structure of new ventures
  • Quarterly and year-end tax planning
  • Detailed projections which permit analysis of different planning options
   
   


Complex Mergers and Acquisitions:


Few matters are more complex or have greater importance to our business clients than mergers and acquisitions. AMM attorneys are experienced in developing and implementing creative strategies to position our clients, helping to maximize value whether they are a buyer, a seller, a lender, or an intermediary. Our attorneys are highly skilled deal makers with the knowledge and insight to guide you through the twists and turns and complexity of a high stakes business merger or acquisition.
Working closely with businesses of all sizes, from small entrepreneurial companies to mature entities, our team crafts custom solutions for every facet of your transaction. We take the time to understand your strategic objectives and bring years of practical business savvy to bear to ensure that the finance, tax, employment and intellectual property requirements of your deal are aligned to achieve your goals.


Our seasoned business attorneys regularly provide counsel in planning, structuring, negotiating, and consummating a varied range of relationships and transactions including:

• Transaction structuring
• Negotiating and preparing non-disclosure agreements and letters of intent
• Due diligence
• Negotiation of financing documents
• Negotiation and development of definitive agreements
• Assistance with post-closing matters, including earn-out, working capital, escrow, and seller financing issues

Our business clients know that their attorney is a dedicated partner who understands their needs, goals, and the stakes involved in this meaningful phase of the life cycle and evolution of their businesses.

 

Representative Deals:

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