Common Legal Questions About Personal Injury Claims & Estate Planning

An attorney with experience representing personal injury victims and negotiating with insurance companies can analyze your case and determine fair compensation for your losses. Medical problems caused by an accident may not be fully recognized for months or even years after the accident. Losses from medical bills, decreased earning potential, and many other problems can pile up unexpectedly. An experienced attorney can protect your rights and represent your interests in negotiation with insurance company attorneys.

Compensation for your injuries depends on several factors, including the extent of your injuries, physical and mental pain and suffering, the amount and length of medical treatment, economic hardship or financial loss, decreased earning potential, and physical impairment and/or disfigurement.

Before accepting a settlement, it is always in your best interest to consult an attorney. Adjusters work for the insurance company, not for you. Their job is to settle the matter for the lowest possible cost to the company. An attorney will work for you and ensure that a settlement results in full compensation for your injuries. If you settle and later discover that your injuries and losses were worse than you originally thought, you will not be able to recover more money.

Many injury claims can be settled for their full value through negotiation, mediation or arbitration, without you having to go to court. However, some complex cases may require a trial.

You should consult an attorney as soon as possible after being injured. In most cases there are time limits for filing claims after an injury occurs, and if this deadline passes, your claim could be dismissed. In addition, finding witnesses and gathering evidence to support your case becomes more difficult the longer you wait.

The success of personal injury attorneys is based on several factors, including education, legal skill and experience. The attorney you retain should have a proven record of winning cases similar to yours and should be willing to thoroughly explain his or her recommendations based on the specific details of your case. Your attorney should also have extensive experience settling cases through negotiation and trying cases in court. Another very important factor is for you to feel comfortable with your attorney, and confident that your interests will be a top priority.

Our firm carefully selects its personal injury cases, allowing us to focus more of our substantial resources and expertise on each client. Our attorneys offer the professionalism, integrity and compassion clients deserve. They personally will handle your case from its inception through resolution and will not turn over your case to a paralegal.

We will be happy to provide you with a free, no obligation evaluation of your prospective personal injury claim. If we take your case, you will owe us nothing unless we recover money for you. Then, our fee is a percentage of the recovery.

We accept personal injury cases on a contingency fee basis because we understand that families can be ruined, both physically and financially, when a loved one is seriously injured in an accident. Medical bills can mount quickly, and in many instances, the injured family member misses work because of the injuries, causing even greater financial hardship on the family. A contingency fee arrangement allows you and your family to receive assistance at a time you need it most, without having to spend money out of your pocket.

Remain calm. If possible, locate witnesses and get their names, addresses and telephone numbers. Exchange information, including insurance data, with the other driver. Call the police. If there is debris from the accident, think about returning and taking photos. Don't discuss the facts of the accident with anyone else, unless you're asked by the police. Tell them the truth. If you have been hurt make sure you get medical care as soon as you can. Call an attorney promptly to learn about your legal rights. Never discuss any aspect of the accident or your injuries with the other person's insurance company representative.

If you are injured in an accident, it is important to seek treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment immediately.

Remember to obtain the name, address, license number, and insurance information from the other drivers involved.

Never discuss an accident with the other person's insurance company representative. An insurance adjuster’s job entails getting as much information about your accident or your injuries as possible, and then potentially using that information against you. You must talk about the accident with your insurance company. However, even your insurance company is going to look out for its own interests before it looks out for yours. That's why it's a good idea to talk to a lawyer before you talk to any insurance company.

If the accident is serious, or if you are partially or totally at fault in the accident, you should contact a lawyer prior to speaking to anyone, if practical. Your lawyer can review the facts with you to ensure that your statement is clear and factually correct. If necessary, your lawyer can help you fill out any required accident reports and insurance claim forms.

You have the right to have your medical bills paid and your wage loss reimbursed. You also have the right to make a claim against the driver who caused the accident. In that claim you may recover damages (money) for pain, suffering, disability, disfigurement, emotional distress, loss of earning capacity and other losses that you may have suffered. The money for these losses is primarily paid by the other person's insurance company. You also have the right to get your car fixed, or, if it's totaled, get the value of the car as it was just before the accident. This is called a property damage claim. It can be made against your company if you have what's known as "collision" coverage. You may also have the right to be compensated for that damage from the other person's insurance company.

Even if you don’t have significant assets, you need a will to make sure your property goes where you want it to, rather than being distributed under Pennsylvania’s intestacy laws. More importantly, if you have minor children, a will allows you to designate who will serve as their guardian.

For some real life scenarios discussing the consequences of not having a will, check out “What happens if I don’t have a will?"

If you don’t have an estate plan that includes a will (or fully funded trust), Pennsylvania intestacy law decides who inherits your property. This often leads to unintended results and can make the probate process longer, more expensive, and more stressful for your loved ones.

Real Life Scenario: Young Wife Dies Without a Will
Mary, 25, was newly married when she unexpectedly passed away without a will. Under Pennsylvania intestacy law, her husband inherited the first $30,000 of her probate assets plus half of the remaining probate assets. The other half was divided equally among Mary’s parents, including her estranged father, with whom she had not been in contact since she was 12.

Lesson Learned: A properly drafted will could have ensured that all of Mary’s assets went directly to her husband, avoiding unintended inheritance by estranged family members.

Real Life Scenario: Blended Family, Husband Dies Without a Will
Steve, a divorced dad with two, later married Julia, a widow with a daughter of her own. Over the years, Steve raised Julia’s daughter and loved her as if she were his own child. Steve never created a will and when he died, Pennsylvania intestacy law dictated that his estate be divided between his wife and two biological children. Julia, his beloved step-daughter, received nothing.

Lesson Learned: Had Steve created a will, he could have ensured that his beloved step-daughter was included in his estate and received the inheritance he intended for her.

A will takes effect after your death and specifies how your assets will be distributed. A revocable living trust takes effect during your lifetime, allowing for the ongoing management of your assets while you are alive, and directs how those assets are distributed when you pass away, usually without going through probate. Note: Assets held in a trust are generally still subject to Pennsylvania inheritance tax.

Choosing an executor and agents for your financial and health care decisions is a critical decision. We recommend selecting individuals you trust implicitly, as they will have access to your financial information and medical records. Many people choose a spouse, adult child, or trusted friend, but you can also appoint a professional fiduciary or attorney. Your executor and agents do not have to be the same people; for example, you might decide your son (who is a financial planner) is better suited to handle your financial matters while your daughter (who is a physician) is the best person to make health care decisions for you.

We recommend updating your estate plan (including powers of attorney) every 3–5 years or sooner if you experience major life changes such as marriage, divorce, birth of a child, a move, or a significant change in assets. HSKL offers Estate Plan Assessment appointments where we will review your documents and make recommendations to update and refresh the plan (if warranted).

Real Life Scenario: Parents of Minor Children Failed to Update Will
James and Lauren, both in their 40s, were the parents of two young children when they tragically died in a car accident. Although they each had a will, the documents were drafted before they had children and did not include the appointment of a legal guardian for the children. The court was left to decide who would care for the children, with both sets of grandparents filing petitions. This led to a painful and expensive custody dispute. An updated will could have clearly expressed James and Lauren’s wishes, ensuring their children’s care and sparing their families additional stress during an already devastating time.

Lesson Learned: Keeping their wills updated to reflect the birth of their children could have prevented the costly and stressful custody dispute.

Real Life Scenario: Married Woman Failed to Update Powers of Attorney
Lisa, who had recently married Jason and relocated from California to Pennsylvania, never updated her health care power of attorney, which named her mother as the agent. After a car accident left Lisa unconscious and unable to make medical decisions, the hospital followed the instructions in her existing power of attorney and contacted her mother in California. The time difference and distance caused delays in reaching her mother, which in turn postponed urgent decisions leading to medical complications for Lisa that could have been avoided.

Lesson Learned: Had Lisa updated her health care power of attorney to designate someone local whom she trusted, critical medical decisions could have been made promptly, potentially avoiding the complications she experienced.

If you do not have a health care power of attorney, Pennsylvania’s Health Care Agents and Representatives Act, 20 Pa.C.S. § 5451 et seq., determines who is authorized to make medical decisions on your behalf. The law dictates the following order of priority:

1. Individual’s Spouse (unless a divorce action is pending) AND Individual’s Adult Children who are not the spouse’s children
2. Individual’s Adult Children
3. Individual’s Parents
4. Individual’s Adult Siblings
5. Individual’s Adult Grandchildren
6. An Adult who has knowledge of the Individual’s preferences and values, including religious and moral beliefs

If multiple individuals are authorized to act and they disagree on a decision, a health care provider may rely on the decision agreed upon by the majority. However, if there is an even number of authorized representatives and they cannot reach an agreement, no health care decision can be made until the disagreement is resolved.

Don’t let the law decide for you, designate someone you trust to honor your values and guide your health care choices.

Real Life Scenario: Adult Man Did Not Have a Health Care Power of Attorney
Will, a college student, was in a coma following a fraternity hazing incident. Because he did not have a health care power of attorney, Pennsylvania law automatically designated his parents as his health care representatives. His parents, who were divorced and had an extremely contentious relationship, disagreed about his medical treatment. This conflict caused delays in care that significantly affected Will’s recovery.

Lesson Learned: If Will had executed a health care power of attorney, he could have designated a trusted decision-maker, avoiding family conflict and ensuring timely medical care.

If you do not have a financial (or general durable) power of attorney and become incapacitated, whether temporarily (for example, due to hospitalization after an injury) or permanently (such as with dementia or Alzheimer’s), a family member will need to petition the court to have a guardian appointed to handle your financial matters. A guardianship proceeding is public, often costly, and can lead to significant family conflict (especially if family members disagree about who should be the guardian).

Real Life Celebrity Scenario: Jay Leno and his Wife, Mavis
Despite their wealth and access to attorneys, Jay Leno and his wife, Mavis, never created an estate plan. When Mavis was diagnosed with dementia and became unable to manage her financial or health care decisions, Jay had to file for conservatorship—similar to a guardianship proceeding in Pennsylvania. As a result, Mavis’ private medical information became public, and Jay is now required to file annual reports regarding her medical condition and financial matters for the rest of her life.

Lesson Learned: Had Jay and Mavis created an estate plan, they could have protected her privacy and avoided the conservatorship process.

Yes. Anyone over 18 should consider at least basic documents like a will, power of attorney, and healthcare directive. Life can be unpredictable, and having a plan in place protects you and your loved ones.

Real Life Scenario: College Student Without a Financial Power of Attorney
Alex, an 18-year-old studying abroad in Italy, had her passport and credit cards stolen. Because she did not have a financial power of attorney in place, no one (even her parents) was able to help her. Alex was left stranded, without money and stressed while she navigated consulates, banks, and emergency accommodations on her own.

Lesson Learned: If Alex had established a financial power of attorney, a trusted agent could have assisted her immediately, helping her access funds and replace her documents without unnecessary stress or delays.

HSKL offers Adulting Legal Essentials, a simple plan that gives young adults the protection of financial and health care powers of attorney without the need for a will or trust. And if they do need a will, HSKL can provide that as well.

HSKL’s ’s basic estate plan includes a will, durable power of attorney, health care power of attorney, and advance health care directive, along with supporting documents to guide your agents and loved ones.

Depending on your situation, we may also recommend a trust.

Creating a comprehensive estate plan is the best way to make sure your minor children are protected if something happens to you. Your plan should name guardians in your will, establish testamentary trusts to manage your children’s inheritance until they are mature enough to handle it and ensure your life insurance and retirement accounts are properly coordinated with your overall plan. Including a letter of instruction (provided with HSKL’s estate plans) that sets forth your values, goals and wishes for raising your children can also be invaluable for your chosen guardians.

Our client-focused process is designed to make estate planning as seamless and simple as possible, while ensuring each client receives a professional, well-crafted plan tailored to their individual needs and goals.

Step 1: Kickoff Meeting – You and an attorney will meet to discuss your family situation and goals. Your attorney will recommend the right plan for you and provide fair, transparent pricing.

Step 2: Blueprint Meeting – Together with your attorney, you will craft a personalized estate plan that reflects your goals and wishes.

Step 3: Document Preparation – Our team will create your customized legal documents.

Step 4: Alignment Meeting – Your attorney will meet with you to review your documents and refine your plan to ensure everything is just right.

Step 5: Completion Meeting – You will sign your documents in our office and leave with peace of mind.

All meetings can be held over Zoom or in our office (except for the Completion Meeting which must be held in person).

We typically complete the estate planning process 2-3 months after the Kickoff Meeting.

Probate is the legal process of validating a will, notifying beneficiaries, appraising assets, notifying creditors, paying debts of the estate, preparing and paying the inheritance tax (due within nine months), distributing assets and preparing an accounting. In Pennsylvania, most estates must go through some level of probate, though not every asset is included (for example, trust assets, joint accounts and life insurance with beneficiaries bypass probate, although inheritance tax may still be due).

On average, probate takes 9–18 months, depending on the size of the estate, whether there are disputes, and how quickly tax clearances are obtained.

Executors must open probate, notify beneficiaries and creditors, appraise assets, pay debts and taxes, distribute assets to the beneficiaries and account for all estate activity. It’s an important job and executors can be held personally liable if mistakes are made.

For some real life scenarios discussing an executor’s liability, check out “Can I be held personally liable as an executor?”

Yes. If deadlines are missed, taxes are not paid properly, or assets are mismanaged, an executor can face personal liability. That’s why many executors hire an attorney to guide them through the process.

Real Life Scenario: Executor Transferred Asset for Less Than Market Value
Tom, the executor of his mother’s estate, which included a single-family home in Warrington, was responsible for managing the estate and distributing assets to himself and his two siblings. Instead of selling the Warrington home through a realtor, Tom sold the property to his daughter at its Zillow estimate, which was significantly below market value. This decision reduced the overall value of the estate, decreased the inheritances for himself and his siblings and exposed Tom to personal liability.

Lesson learned: Executors should obtain professional valuations and use proper market channels when selling estate property to protect the estate’s value and ensure fair distribution among beneficiaries.

Pennsylvania is one of six states that imposes an inheritance tax on a decedent’s assets. The tax rate depends on the beneficiary’s relationship to the decedent:

• 0% tax on transfers to the surviving spouse
• 0% tax on transfers to children aged 21 or younger
• 0% tax on transfers to charitable organizations
• 4.5% tax on transfers to direct descendants (children, grandchildren, parents)
• 12% tax on transfers to siblings (includes full and half-siblings)
• 15% tax on transfers to all other beneficiaries (nieces, nephews, aunts, uncles, cousins, friends)

(Inheritance tax is different from estate tax. Pennsylvania does not impose an estate tax. However, federal estate tax applies if (as of 2025) an individual’s estate exceeds $13.99 million or a couple’s estate exceeds $27.98 million. The federal estate tax rate ranges from 18% to 40% on the value above those exemption amounts.)

Pennsylvania inheritance tax applies to most of the decedent’s assets including:

• Real property
• Tangible personal property
• Intangible property including stocks, bonds, bank accounts, etc.
• Jointly held property (the tax is assessed on the decedent’s share of the jointly held property)
• Roth IRA’s
• IRA’s, 401k’s, qualified retirement accounts (if decedent died after attaining age 59 ½)
• IRA’s, 401k’s, qualified retirement accounts (if decedent disabled and died before attaining age 59 ½)

The following assets are NOT subject to inheritance tax:

• Life insurance proceeds paid to a named beneficiary
• Gifts made more than one year before the decedent’s death
• Real estate in another state
• IRA’s, 401k’s, qualified retirement accounts (if decedent not disabled and died before attaining age 59 ½)

Qualifying agricultural property and family-owned businesses may be exempt under certain circumstances.

Costs vary depending on the size and complexity of the estate. Typical expenses include court fees, attorney fees, accounting fees, and inheritance tax. Most of these fees are paid directly from the estate and can be used as a deduction from the inheritance tax due.

The estate must pay the decedent’s debts and taxes before distributing assets to beneficiaries.

No. Assets with joint ownership, beneficiary designations, or trust owned assets bypass probate. However, many assets, particularly individually owned real estate or bank accounts must be probated.

Even if assets bypass probate, Pennsylvania Inheritance tax may be due.

While not legally required, most executors find estate administration to be complex and time-consuming. In Pennsylvania, simple estates with few assets and no disputes often take 6-9 months, while more complex estates can take 9-18 months or longer.

Executors must open probate, notify beneficiaries, appraise assets, notify creditors, pay debts of the estate, prepare and pay the inheritance tax (within nine months), distribute assets and account for estate activity. Because of these demands, even “simple” estates require significant time and effort to administer correctly.

Attorneys, like the ones at HSKL, help ensure deadlines are met, filings are accurate, and liabilities are avoided. Involving legal counsel can also reduce family conflict; beneficiaries are often more confident the estate is being handled properly when an attorney is involved rather than only a lay executor.

Attorney fees are paid by the estate and can be used as a deduction from the inheritance tax due.