SPECIAL SECTION:
FA M I LY
LAW
PERSONAL INJURY LAW
Personal injury or tort lawsuits refer to injuries to the body, mind, or
emotional well-being of an individual. Typically, in a personal injury
suit, an individual (defendant) who has caused harm compensates
the individual (plaintiff) who suffered the harm. Damages awarded
to the plaintiff are often negotiated and agreed upon by both parties
or ordered by a judge. It is important to act quickly when you’ve been
injured to protect your rights, as there are time limits, called statute
of limitations, that vary by state that confine your opportunity to take
action.
What is the most common personal injury case?
Answer: Automobile accidents. The car insurance company will
typically determine if the car is totaled or if payment is in order to
cover repairs. Once it is determined who is at fault, reimbursement
for damages will come from the policy holder or the insurer. If you
find yourself in a hit-and-run accident, compensation for damages will
come from your own insurance company.
What are the different types of personal injury claims?
Answer: Negligence, strict liability, and intentional torts.
Negligence involves harm caused by carelessness. It is accidental and
often found in cases such as auto accidents and medical malpractice.
Strict liability cases hold manufacturers and designers liable for injuries
from defective products. These claims require the plaintiff to show that
a product was manufactured in a way that was dangerous when used
as intended. An intentional tort requires the plaintiff to prove that the
defendant acted with knowledge that his/her actions could lead to
harm.
Is a personal injury case criminal or civil?
Answer: Civil dispute. In civil lawsuits, the losing defendant is
required to monetarily reimburse the plaintiff for losses caused by the
defendant’s behavior. Civil cases will never cause the losing party to be
punished by incarceration.
How long do I have to file a personal injury lawsuit in
Pennsylvania?
Answer: For civil statutes, the state of Pennsylvania limitations
range from one to 20 years, with a two-year limit for personal injury
claims. Each state carries a timeframe to ensure convictions occur with
evidence-based facts that are timely. This prevents fraudulent and stale
claims being made after evidence has been lost or forgotten.
MARRIAGE, CIVIL UNIONS AND
DOMESTIC PARTNERSHIPS
Family law in Pennsylvania includes marriage, divorce, child custody,
adoption, and other matters related to the family structure.
What is needed to be considered legally married in
Pennsylvania?
Answer: Consent, age, capacity. Consent refers to agreement
between both parties to marry (this protects against arranged
marriages). The minimum age to marry in Pennsylvania is 15, with
written approval of a judge of Orphans’ Court Division of Common
Pleas and consent from a parent or legal guardian. Otherwise, legal
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age to apply for marriage is 18. Capacity refers to the mental ability to
understand the nature of marriage and responsibilities as a married
couple.
What can and cannot be included in a prenuptial
agreement?
Answer: Although it varies by state, a prenuptial agreement typically
deals with matters of division of property upon divorce, community
property versus separate property, ownership of marital residence,
responsibility for premarital debts, distribution of property upon
death, alimony, and general marital financial obligations. Prenuptial
agreements do not include child custody, child support, visitation
rights, anything thought to encourage divorce, or illegal matters.
What is a civil union? Is it legal in Pennsylvania?
Answer: A civil union is a legally recognized relationship that meets
all the legal obligations, responsibilities, and protections as a marital
union. On May 20, 2014, Pennsylvania legalized same-sex couples to
receive the benefits of marriage under state law, as well as legalizing the
recognition of out-of-state same-sex marriages.
Are domestic partnerships legal in Pennsylvania?
Answer: Domestic partnerships are open to same- and differentsex couples in Pittsburgh. Each must be a resident of the city, or one
partner must be a city employee.
ADOPTION AND SURROGACY
Adoption laws vary state by state, but are generally becoming
more uniform nationwide. Pennsylvania is one of the least-restrictive
states for adoption laws, allowing children and adults of any age to
be adopted (with a child’s consent to adopt required from age 12
and older). The Pennsylvania adoption statute also covers post-birth
adoption of a child born through surrogacy. Although some more
conservative judges will not grant pre-birth orders, Pennsylvania has
no law governing surrogacy and allows both traditional and gestational
surrogacy.
What is the difference between traditional and gestational
surrogacy?
Answer: Traditional surrogacy requires the eggs from the surrogate
woman to undergo artificial insemination or IVF with sperm from the
male or from a sperm donor. In traditional surrogacy, the surrogate
mother is genetically related to the child. Gestational surrogacy
implants a combination of the egg and sperm of the intended parents
(and/or a sperm/egg donor) into a surrogate woman who will carry
and deliver the child. In this case, the surrogate is not genetically
related to the child and only acts as the carrier.
Is surrogacy legal in all countries?
Answer: No, France, Germany, Italy, Spain, Portugal, and Bulgaria
prohibit all forms of surrogacy.
What are the costs associated with adopting a child?
Answer: Adoption can range in cost from $0 to $50,000 depending
on several factors including the age of the child. In addition to
adoption fees, other expenses that should be taken into consideration
when adopting are travel, medical, out-of-state fees, attorney fees,
adoption letter, and other legal expenses.