Q. What is the effect of my choice of auto insurance options? A: Most people only consider the options available in automobile insurance, and the consequences of their choices, after they are involved in an automobile accident. Obviously, it is too late by that time! Regrettably, most people only order the insurance coverage which carries the lowest premium. One option is whether you purchase "Limited Tort" or "Full Tort" coverage. If you choose Limited Tort, you save slightly in premiums, but, if you are injured in an accident which is the fault of another driver, you, or your estate, cannot recover for your pain and suffering unless you suffer serious impairment of a body function, permanent serious disfigurement or death. You may also save slightly by waiving underinsured motorist coverage and uninsured motorist coverage. If you do, you will have no protection if the driver who injures you is uninsured, underinsured or penniless. Your uninsured and underinsured motorist coverage, and protection, is compounded by the number of vehicles you own if you choose the "Stacking" option. You must weigh the extent of protection you want from your own insurance and order that coverage from your agent accordingly. At Derr, Pursel, Luschas & Norton, LLP, we represent persons who are seriously injured in automobile accidents. We also want to ensure that you have the insurance coverage you need to protect you and your family if you are involved in an accident. Call us at (570)784-4654 and one of our experienced personal injury attorneys will assist you in resolving a claim which you may have as a result of an automobile accident. Q: What should I do if I am involved in an automobile accident? A: An auto accident is a painful, frightening and confusing experience for any person. If you or a friend or family member have been in an accident, your first action should be to notify emergency personnel if there are injuries. You should then immediately notify the police. Be careful in relating the events to the police, to ensure an accurate, sequential account and do not admit liability. From either the police or the other persons involved, you should gather the names, addresses, phone numbers, driver's license numbers, vehicle makes/models, license number, and insurance information of the persons involved in the accident. If someone other than the owner was driving the car, be sure to get the above information for the owner as well. If there were any witnesses to the accident, ask for their names, addresses and phone numbers. If they are not willing to give you that information, write down their license plate number and car model, make and color. If you are injured, obtain the necessary medical treatment as soon as possible, but remember that everything you say is subject to being written down by hospital personnel and it may be used against you at a later date. As soon as possible, call one of the attorneys at Derr, Pursel, Luschas & Norton, LLP for assistance and guidance at a time at which you need it the most. We are an experienced, highly skilled, local firm, accessible to you and your family, and we care about you! Q: Why do I need an Attorney? A: From real estate transactions to business formations and acquisitions, an attorney can guide you in the beginning stages of the formation of your contract, to ensure that the transaction that you agree to complete is designed to protect your liability and tax interests. In drafting Wills, we can advise you on the types of estate taxes which exist and the methods for minimizing those taxes. We also are sensitive to your desires in providing for your family in your Will and will advise you of the simplest, safest and most inexpensive ways to distribute your estate. If you have been seriously injured and it was caused by another person's actions, if you do not have an attorney, a lawsuit against a giant corporation, the government, or a large insurance company would be beyond the expertise of most non-lawyers, and those large adversaries know that. The only chance of standing up successfully against large institutions is having an attorney who is willing to work for you to level the playing field. In short, an Attorney is there to protect your interests and the fees you pay are most often a fraction of the amounts you stand to loose if you embark upon a complex situation or transaction without an Attorney. Derr, Pursel, Luschas & Norton, LLP have been taking care of their clients in Bloomsburg and Columbia County for nearly 50 years. Q: Does it cost more for me to use an Attorney in buying or refinancing a house, or do I save money by going to an Abstract Company? A: On a home purchase or a refinance, we at Derr, Pursel, Luschas & Norton, LLP do not charge Attorney Fees for the title search or settlement and we charge the same document preparation fees as the Abstract Companies. We are compensated on the transaction in the same way that Abstract Companies are: on a percentage of the title insurance premium. Title insurance premiums are a highly regulated cost, and it is a criminal offense to charge more or less than the premiums which are approved by the Pennsylvania Insurance Commission. Therefore, the premiums charged by Abstract Companies and Attorneys are required to be the same. Given these facts, we like to tell people that, in essence, you are getting a lawyer to go over your file, set up and conduct the Settlement for free, since there is no additional charge for that service over Abstract Companies. Abstract Companies are not law firms and are not lawyers. Wouldn’t you feel more comfortable with an attorney involved for you in the transaction, especially at the same cost? Q: Should I have a Living Trust? A: Although trusts have their places, generally, a Living Trust will not be beneficial if an individual has a well planned Will and Power of Attorney. Several costs are at stake in the probate process, such as Probate Fees, Pennsylvania Inheritance Taxes, Federal Estate and Gift Taxes, Executors’ Fees and Attorneys’ Fees. Generally because a Living Trust is revokable, the assets in the trust will still be subject to Pennsylvania Inheritance Taxes and Federal Estate and Gift Taxes to the same extent that would exist if you simply keep the assets in your individual name. Probate Fees in Pennsylvania are reduced, but Probate Fees are relatively inexpensive: As of November 1, 2002, in Pennsylvania, if you have a $600,000.00 Probate Estate without a Living Trust, the Probate Fee will be $271.00, but if you reduce your Probate Estate to $25,000 through the use of a Living Trust, your Probate Fees only go down to $61.00. This savings of $210.00 should be compared with the initial cost of a Living Trust Package, which often is in excess of $2,500.00. The Executors’ Fee is avoided, but, in its place if a Trustees’ Fee, so nothing is saved on that account. Finally, the job performed by an attorney to assist in the closing out of a Living Trust after you pass away (paying debts, getting property appraised, assisting in the sale of property, doing tax returns and making distributions to the heirs) is the same as that which is performed to settle and estate, therefore, there is no saving in Attorneys’ Fees, and the need for an attorney’s assistance in these technical matters is the same. Q: If I am about to get divorced, do I need my own lawyer or should I just get one of those no-fault divorces they advertise in the paper? A: A divorce can be a very difficult period in a persons life. It is not the time to make quick decisions. It is important to understand your legal rights and obligations before you obtain a divorce. There are services that will help you obtain a no-fault divorce. However, these same services do not assist you with the economic issues that result from dissolving a marriage. There are numerous financial issues which can arise during a divorce. It is important to understand what rights you may have if you are involved in a divorce. Derr, Pursel, Luschas, and Norton, LLP, has helped many people through the divorce process. Feel free to call us if you would like to consult with one of our attorneys about any family law matter. Disclaimer: Material contained in the Derr, Pursel, Luschas & Norton, LLP web site is for general information only and does not constitute legal advice, contractual promises or solicitation of legal services. Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Derr, Pursel, Luschas & Norton, LLP and the reader.