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Truck Accidents You Are Here: Practice Areas > Personal Injury > Truck Accidents Are You An Injured Truck Crash Victim? Miles traveled by trucks continue to increase each year. Lack of staff and delivery deadlines are becoming tighter day by day, which adds to the risk of truck accidents. The factors that can lead to a truck accident grow each day. Driver fatigue, aggressive driving, speeding, illegal traffic maneuvers, lack of maintenance or other distractions can all lead to a truck accident. The misfortune of a truck accident can have devastating consequences for families. ​ NHTSA Findings* In a year, 4,965 people were killed in crashes involving large trucks and an estimated 147,000 people were injured in crashes involving large trucks. 71% of people killed in large-truck crashes were occupants of the other vehicles. 76% of the fatal crashes involving large trucks occur on weekdays (6 a.m. Monday to 5:59 p.m. Friday) ​ Truck accident injury includes injury or death to you or a loved one. For over 40 years Attorney Joseph Quinn and his team of experts have been taking care of claims of the injured with impressive results. Types of Truck Accidents Jackknife Truck Rollovers Tire Blowout Wide Turn Speeding Accidents Blind Spots Rear-end Under Ride Lost Load Head On T-Bone Meet Our Truck Accident Team Our Results Listed below is a representative sample of some of our recent truck crash accident verdicts. For a larger representative sampling of some of the a ward-winning 6 and 7 figure settlements and verdicts we have achieved, click the button below! $11 million for car crash victim Couple awarded $10 million in Luzerne County court $8.4 million award after fatal tractor-trailer median crossing $6 million settlement in negligent trucker case See More

Car Accidents You Are Here: Personal Injury > Car Accidents Didn't See It Coming? ...the drunk driver, the person texting or on their cell phone, construction hazards, distracted drivers. Hourigan, Kluger & Quinn has an award-winning team of car accident lawyers ready to help. We are experienced, aggressive, and Award-Winning car a ccident lawyers. We know exactly what you are going through because we have helped thousands of car accident victims just like you with medical bills, lost wages, and pain and suffering. ​ Hourigan, Kluger & Quinn's reputation for exceptional results for car accidents is unparalleled in Northeastern Pennsylvania. The car crash attorneys at Hourigan, Kluger & Quinn have won some of the largest car accident verdicts and settlements in the region involving car accidents, truck accidents, motorcycle accidents, bus accidents and other motor vehicle incidents. For over 55 years, Attorney Joseph Quinn and his team of car accident experts have been taking care of claims of the injured with impressive car accident results. ​ We know that a car accident can leave you feeling anxious, frightened and vulnerable. The car accident team at Hourigan, Kluger & Quinn is here when you have been injured in a car accident due to someone else’s negligence. We will schedule an initial consultation, assess your car accident injury, and then pair your case with one of our qualified car accident lawyers. Our car accident lawyers will work diligently to build a comprehensive case and keep you informed every step along the way. Types of Car Accidents DUI Accidents Hit & Run Accidents Rear End Accidents Rideshare Accidents (Uber, Lyft) Speeding Accidents Testing & Driving Accidents Uninsured or Underinsured Drivers Rollover Accidents ATV Accidents Meet Our Car Crash Team Our Results Listed below is a small sample of our recent car crash accident verdicts. For a larger representative sampling of some of the award-winning 6 and 7 figure settlements and verdicts we have achieved, click the button below! $8 million plus awarded in GM crash case $7 million settlement reached in tractor-trailer collision More than $1.4 million in pedestrian accident case $800,000 awarded for man involved in a rear-end collision $750,000 rear-end case settlement for 58-year-old woman See More

Business Law New Law Affecting Businesses in 2024: What You Need To Know > Unparalleled Knowledge and Experience At Hourigan, Kluger & Quinn, our cross-functional, collaborative team of commercial and transactional attorneys provide decades of knowledge and experience, navigating through the complexities and challenges of business law, including areas such as banking and financial matters, creditors rights in bankruptcy, commercial litigation, corporate and partnership law, real estate tax assessment law, employment law, real estate, estates and trusts, mergers and acquisitions, contracts, and real estate litigation. If you are looking for guidance from a firm that understands legal business matters, please contact us today. Meet Our Business Law Attorneys Our Results. The firm of Hourigan, Kluger & Quinn has a long history of attaining positive results for our clients. We are home to many many award winning attorneys with many years of experience and extensive knowledge of the intricacies in respective fields. See Past Cases Banking & Finance Corporate Law Employment & Labor Commercial Litigation Telecommunications No One Will Work Harder For You. ® The firm of Hourigan, Kluger & Quinn has a long history of attaining positive results for our clients. Our firm is home to many award winning attorneys who have many years of demonstrable success. Let Us Help You!

Estate Planning Protect Your Next Generation Time to protect your assets? Need assistance administering a loved one’s estate? Hourigan, Kluger and Quinn is the premier legal team ready to handle your estate planning & administration needs. ​ When planning for your future, no matter the size or situation, our team of experienced estate planning attorneys will provide you and your family with knowledgeable advice and strategies. Meet Our Estate Planning Attorneys No One Will Work Harder For You. ® The firm of Hourigan, Kluger & Quinn has a long history of attaining positive results for our clients. Our firm is home to many award winning attorneys who have many years of demonstrable success. Let Us Help You! Estate Planning Estate Administration Trusts Wills Guardianships

Insurance Disputes You Are Here: Practice Areas > Personal Injury > Insurance Disputes Issue with an Insurance Provider? Disputes with insurance companies may require suing the insurance company, and Hourigan, Kluger & Quinn’s Insurance lawyers can determine if your insurer is treating you fairly and sue for you if the company is acting in bad faith. ​ Like most people, you are responsible enough to take out the appropriate insurance policies “just in case.” But if a tragedy happens and your insurance company turns its back on you, you may realize you weren’t “in good hands” after all. The sad reality is that insurance companies tend to make a practice of trying to deny legitimate claims. That can constitute what’s know as insurance “bad faith.” ​ The law requires insurance companies to act in good faith, meaning they must fulfill the duties and obligations set forth in your insurance policy. It requires them to pay claims properly and promptly. If they act in bad faith by willfully denying, delaying or discounting a claim, they can be held responsible not only for paying the claim, but can face substantial punitive damages. ​ At Hourigan, Kluger & Quinn, our attorneys have the experience and resources to take on big insurance companies and make them pay your claim. We have an unparalleled reputation for exceptional results both in and out of the courtroom in Northeastern & Central Pennsylvania. Contact Hourigan, Kluger & Quinn If your insurance claim has been denied and you believe your insurance company treated you unfairly. Insurance Dispute Cases Inadequate Claim Processing Improper Claim Investigation Inadequate Claim Investigation Delay in Payment Unreasonable Denial of Claim Failure to Settle Failure to Defend Meet Our Insurance Dispute Litigators We Can Help If you or a loved one have been injured due to someone else’s negligence, reach out to the Kingston-based firm of Hourigan, Kluger, and Quinn for a free consultation. Contact Us Today

Tara Giarratano Attorney < Back Tara Giarratano is one of our newest additions to the Hourigan, Kluger, & Quinn team, joining the law firm’s commercial department as an associate attorney. Attorney Giarratano has experience representing victims of police brutality and of discrimination in housing, employment, and education. Attorney Giarratano was honored as a member of the Woolsack Honor Society because she graduated in the top ten percent of her law school class. Attorney Giarratano also received CALI Awards for earning the highest grade in her class in Business Entities, Evidence, and Pennsylvania Criminal Law. Originally from Mountain Top, Pennsylvania, Attorney Giarratano received her Bachelor of Arts degree summa cum laude from Wilkes University. She continued her education with a full scholarship to Penn State Dickinson Law, where she earned a Juris Doctor degree cum laude . She is admitted to the Pennsylvania Courts, the United States District Court for the Middle District of Pennsylvania, and the United States District Court for the Eastern District of Pennsylvania. Before obtaining her law license, Giarratano served as a legal intern with the Luzerne County Office of the Public Defender, the Carlisle Community Law Clinic, and the Federal Public Defender for the Middle District of Pennsylvania. As an attorney, she is passionate about developing relationships with her clients and helping them achieve a solution to their problems. Attorney Giarratano has extensive litigation experience for a young attorney. She began her career representing clients in hard-fought civil rights matters and has appeared in federal court, state court, and college Title IX proceedings, where she used her expertise to help her clients receive the best possible outcome. In just her first year of practice, Attorney Giarratano worked as a member of the defense team for two serious criminal trials; the first resulted in the client being acquitted of murder, and the second resulted in the client being acquitted of attempted murder. Becoming a lawyer was Giarratano’s lifelong dream. She is honored to work for Hourigan, Kluger, and Quinn, where she can make a positive change in her clients’ lives and serve members of her community. Attorney Giarratano is married to her college sweetheart, Nick, and together, they share a daughter. She is a member of St. Jude’s Church in Mountain Top. TGiarratano@hkqlaw.com (570) 287-3000, Ext. 1106 Commercial Litigation Corporate Law Banking & Finance Areas of Practice No One Will Work Harder For You. ®

Trusts You Are Here: Practice Areas > Estate Planning > Trusts Ensure Assets are Handled Properly Both Now And After You Are Gone The Trust Lawyers at Hourigan, Kluger & Quinn can help you set up revocable or irrevocable trusts so that your assets are placed in a trust for tax-reduction purposes, shelter reasons and implementation of your intentions, not only during your life, but also after you pass away. The creation of a trust allows you to set up an independent entity that will continue on beyond your lifetime. When you pass on, your trust continues to carry out your wishes. ​ The lawyers at Hourigan, Kluger & Quinn have significant experience in creating many different types of trusts including spendthrift trusts, marital deduction trusts, special needs trusts, generation skipping trusts, minority trusts, education trusts, asset protection trusts, life insurance trusts, revocable living trusts, charitable trusts and testamentary trusts. Types of Trusts Revocable Trusts Irrevocable Trusts Asset Protection Trusts Charitable Trust Constructive Trust Special Needs Trust Spendthrift Trust Tax By-Pass Trust Plan A Secure Future Today There are many advantages to creating trusts including asset protection to you and your loved ones during your life and after your demise. Meeting with one of the estate planning lawyers in the firm will allow you to ask questions and determine what type of trust, if any, may best suit your current needs. ​ Time to protect your assets? Need assistance administering a loved one’s estate? Contact the firm of Hourigan, Kluger and Quinn for a free consultation today.

Estate Planning You Are Here: Practice Areas > Estate Planning > Estate Planning Don't Avoid Planning For The Future Estate planning attorneys help you legally determine how your assets will be managed during your lifetime and how to distribute them after your death. ​ At Hourigan, Kluger & Quinn, our caring team of estate planning attorneys will help you plan for the future. We’ll make sound legal decisions about your intentions and the administration of your estate. By guiding you through PA inheritance tax and Federal estate tax implications, we make sure you have all the appropriate documents in place to make your intentions clear. This way, loved ones don’t have to struggle with difficult decisions in their time of sorrow. ​ We offer estate planning services such as: health care directives, HIPPA forms, powers of attorney, wills, living wills, trusts, tax-advantageous gift planning, and notably, pre-nuptial agreements and asset protection. Type of Estate Planning Estate Planning Estate Administration Minor & Incapacitated Trust Elderly Care Planning Inheritance Tax Non-Traditional Relationships Minor & Incapacitated Trust What if you are gone before your children come of age, or are unable to care for themselves? You’ll want an experience guardianship attorney to protect your ward’s best interests. Estate Planning How will you protect your spouse and children when you’re gone, or if you are unable to make important decisions? We offer estate planning services such as: health care directives, HIPPA forms, powers of attorney, wills, living wills, trusts, tax-advantageous gift planning, as well as pre-nuptial agreements and asset protection. Inheritance Tax No matter the amount of inherited property, or relationship to the deceased, Pennsylvania imposes an inheritance tax on most beneficiaries. Based on your relationship, tax rates may vary. Non-Traditional Relationships With a large amount of non-traditional families like blended (stepparents & stepchildren), unmarried, homosexual or heterosexual, with or without children – these family dynamics require special arrangements. Make sure your health care, property division and funeral arrangements are carried out, all while protecting your beneficiaries. ​ When planning for your future, no matter the size or situation, our team of experienced Estate Planning attorneys will provide you and your family with knowledgeable advice and strategies. Elderly Care Planning With the elderly population growing, protect what your parents (or yourself) worked so hard for. Hourigan, Kluger & Quinn assists in planning asset distribution, long-term care needs including nursing home, assisted or in-home care, Medicaid planning, and powers of attorney or health care proxies. In addition, we can help you and your family plan for the potentially devastating costs of long-term health care.

Sexual Abuse You Are Here: Practice Areas > Personal Injury > Sexual Abuse A Voice for Sexual Abuse Victims. The personal injury lawyers at Hourigan, Kluger & Quinn are committed to helping victims of sexual abuse. We understand how traumatic these experiences are and are here to help you understand your rights, either as a victim or as the parent of a child who has experienced sexual abuse. No one should have to stand alone against their abuser. ​ Institutional Sexual Abuse Often perpetrated by individuals who are usually in a position of power and authority- such as professors, physicians and clergy members. Sexual assault cases against institutions are pursued under the civil justice system, allowing survivors to receive monetary compensation directly from the institution for their injuries, harm, losses and other damages that resulted from the assault. ​ Child Sexual Abuse Exposing a child to sexual or pornographic materials, obscene communications (including texts), any sexual touching or intercourse, and trafficking for the purposes of sex are all forms of child abuse. Sexual contact between family members is known as incest and can impact children and adults. ​ Sexual Harassment Whether it occurs in schools, workplaces, or public spaces, sexual comments, advances, threats, touches and acts are all considered sexual harassment. Stalking can also be a form of sexual harassment or intimidation. ​ You may be eligible to seek the following types of compensation in sexual assault lawsuits: Medical costs associated with injuries suffered during the assault Wages lost while recovering from the assault Non-economic damages, such as emotional trauma and mental harm Punitive damages if the offender has been convicted of crime Meet Our Personal Injury Litigators We Can Help Our attorneys have experience with these types of cases, regardless of the age of the survivor. Contact us today to find out what your rights and options are for filing a civil suit. Contact Us Today

Boating Accidents You Are Here: Practice Areas > Personal Injury > Boating Accidents Hurt on the Water? With more people out on the water than ever before, all types of boating accidents are bound to occur. A boating accident catastrophic injury or death can occur if the watercraft operator does not have the proper training. If boating injuries or death are caused by the negligence of the boat operator, you may be protected from their reckless actions. A boating accident lawyer can provide legal representation for different types of injuries that can occur in a boating accident, such as drowning, near drowning, burns, spinal cord injuries, carbon monoxide poisoning, electrocution, lacerations and bruises. ​ Avoid a boating accident. In the state of Pennsylvania it is illegal to: Operate a watercraft in a reckless, negligent, or dangerous manner. Boats must be operated at a rate of speed that does not endanger the life or property of any person. Operate a boat at greater than slow, no-wake speed within 100 feet of the shoreline, docks, launch ramps, swimmers, or downed skiers, persons wading in the water, anchored, moored, or drifting boats, and floats. Slow, no-wake speed is the slowest possible speed of a motorboat required to maintain maneuverability, so that the wake or wash created by the motorboat on the surface is minimal. The slow, no-wake zone for wake surfing activity is 200 feet. Operate a motorboat less than 20 feet in length at greater than slow no-wake while a person is standing on or in the boat. Operate a motorboat at greater than slow, no-wake speed with a person riding outside of the passenger carrying area or while a person is riding on the bow decking, gunwales, transom, or motor covers. Operate a pontoon boat at any speed while a person is riding outside the passenger carrying area. Cause a boat to become airborne or to leave the water completely while crossing another boat’s wake when within 100 feet of the boat creating the wake. Weave through congested traffic. Operate faster than slow, no-wake when within 100 feet to the rear or 50 feet to the side of another boat that is underway, unless in a narrow channel. Operate within 100 feet of anyone towed behind another boat. Operate a motorboat with anyone sitting, riding, or hanging on a swim platform or swim ladder attached to the boat. Many waterways in Pennsylvania have special regulations such as electric only or horsepower restrictions. Types of Boating Accidents Propeller Accidents Falling off a Boat Collision with another boat Kayaking & Canoe Accidents Drowning Intoxication Jet Ski Accidents Water Ski Accidents Capsizing Airboat Accidents Explosions & Fires Meet Our Boating Accident Team We Can Help If you or a loved one have been injured due to someone else’s negligence, reach out to the Kingston-based firm of Hourigan, Kluger, and Quinn for a free consultation. Contact Us Today

FAQs How long do I have to notify my employer if I’m injured on the job? A work-related injury should be reported to your employer immediately. Failure to report the injury promptly could provide your employer or its insurance company with a reason to deny the claim and argue that the injury did not occur at work. By law, however, you have 120 days to advise your employer of any work-related injury. Understandably, some employees don’t immediately tell their employers about every single incident that occurs at work because they might think the injuries are minor. As long as your employer is notified that you were injured within 120 days of the date of the injury, you can still bring a claim for worker’s compensation benefits. You should document any and all work injuries either by requiring your employer to file a report of injury or providing them with some form of written notice. If my claim is denied or ignored, how long do I have to file a workers' compensation claim? If your employer fails to properly recognize your claim, you must file a claim petition with the Bureau of Workers’ Compensation within three years of your date of injury. Even if your employer has paid some medical bills or verbally indicated to you that they accepted your injury, you may still face time limitations unless your employer has filed the appropriate paperwork with the Bureau of Workers’ Compensation accepting your injury. If you file a claim beyond three years from the date of your injury, and it has not been officially recognized on bureau documents, you will likely be barred from bringing that claim. After I am injured at work, am I required to be treated by the doctors and health-care providers I am directed to by my employer? Your employer is required to post a list of health-care providers, which are approved as workers’ compensation providers. If your employer has that list posted, and provides it to you after your work-related injury, you are required to be treated by the physicians and health-care providers on that list for a period of 90 days from the date of your injury. You are still allowed to see your own doctor during this period but must do so at your own expense. Seeing your own doctor will not in any way jeopardize your workers’ compensation claim. If you need treatment from a specialist and there are no specialists on the list, you are free to seek out other specialists. Failure to treat with the “company doctor” is not a basis to deny your claim. As a practical matter, however, it can be difficult to obtain medical treatment from unapproved providers within the first 90 days following your injury. Anyone with questions on this issue should contact an attorney. What if my employer wants me to go back to work and I do not feel capable of returning to work? Oftentimes employers attempt to return workers to modified duty shortly after their injury. Other employers may offer modified or light duty to an employee who has been off work for several months or even years. Failure to return to a job approved by your doctor, or even by a doctor chosen by your employer or its insurance company, can result in litigation seeking to stop your benefits. Additionally, if your claim was only accepted on a temporary basis, your employer may use failure to return to a light duty position as a basis to deny your claim. If you have concerns about returning to a position offered to you by your employer after your injury, it is imperative that you speak with an attorney. It is also imperative that you consult with an attorney if you are provided with anything to sign or any documentation upon returning to work. Signing these documents can significantly affect your rights to workers’ compensation benefits should you be unable to perform the job offered by your employer. Can I settle my workers’ compensation case? It is possible to settle a workers’ compensation case. Typically, settlements occur in cases where individuals are unable to return to their pre-injury job or suffer permanent loss of use of a body part. However, many types of workers’ compensation claims can be resolved for a lump sum settlement. If you have a significant injury and are interested in trying to settle your workers’ compensation case, we recommend that you consult with us. What is a personal injury claim? A personal injury claim arises when an individual is injured as a result of the negligence of another individual or entity. Negligence occurs when an individual or entity fails to exercise the care that a reasonably prudent person would exercise in the circumstances presented. Negligent conduct may consist either of an act or a failure to act where there is a duty to do so, and as a result, an injury is suffered. Why should I pursue a personal injury claim? If it can be proven that an individual and/or entity was negligent and that negligence was a factual cause of the injury, then you may be able to recover monetary damages to compensate you for lost wages, medical bills, pain and suffering, and loss of consortium. Pursuing a personal injury claim might also prompt the defendant(s) to change their behavior and spare others from suffering similar injuries. What do I do if I am injured as a result of someone else’s negligence? First, you should notify the responsible party that you have been hurt. For example, if you are injured in a store or supermarket, you should notify the management. It is important for you to note whom you spoke to about the incident and what, if any, response was given. If there are any witnesses to your injury, you should take their names and phone numbers, as their statements may become vital to your claim. If your injury was caused by an object (i.e., a shelving unit, door, etc.) or dangerous condition (i.e., an icy sidewalk, water in a supermarket aisle, etc.), you should take a photograph of the same, if possible. Finally, you should seek medical attention immediately for your injuries. Thereafter, you should bring all the information you gathered to your attorney who will be able to determine if you can recover from the individual or entity that caused your injury. If I have a viable claim, how will I be compensated? There are two types of damages that are recoverable in a personal injury case – compensatory damages and punitive damages. Compensatory damages compensate you for the monetary losses you have incurred, such as past and future medical expenses; past lost wages if you missed work as a result of your injury; future lost wages if your injury has rendered you permanently disabled; and damages for past, present and future pain and suffering, embarrassment, and/or mental anguish resulting from your injury. If you are married at the time of your injury, your spouse may also be able to recover injuries for loss of companionship/consortium and/or loss of household services. Punitive damages are a type of damages intended to punish the individual or entity that caused your injuries. These damages are only recoverable in rare and/or extraordinary cases where an individual or entity has engaged in outrageous or recklessly indifferent conduct. How long do I have to bring a claim after I am injured? The statute of limitations for bringing a personal injury lawsuit in Pennsylvania is two years from the date of your injury. If you do not bring a claim within this time frame, you will be forever barred from getting recovery for your injuries. How much will it cost to hire an attorney to litigate my personal injury claim? HKQ engages in a contingency fee agreement with clients who bring personal injury claims. This means, if we are successful in litigating your claim, we will be entitled to a portion of your recovery, plus any costs we expended pursuing your claim. If we are unsuccessful in litigating your claim, you pay nothing. Why should I talk to an attorney? The lawyers at HKQ have decades of experience handling automobile accident claims. Automobile insurance – and how it applies when someone is injured in an accident – is governed by a complex scheme of statutes known as the Pennsylvania Motor Vehicle Financial Responsibility Law. The law is complicated and constantly changing through many different interpretive decisions by the Pennsylvania courts. Even the simplest of motor vehicle accidents can involve complex legal issues, which can only be answered by skilled and experienced attorneys like the ones at Hourigan, Kluger & Quinn. What should I do at the scene of an accident? First of all, do not leave the scene. Make sure that the police have been notified and wait for their arrival. If anyone is injured, make sure an ambulance has been summoned. If possible, and if your vehicle is still operable, it is typically advisable to move it out of the lane of travel so as not to obstruct traffic. Activate your hazard lights. Try to get the names, addresses and telephone numbers of any individuals involved, as well as any witnesses to the accident. If possible, try to obtain all parties’ insurance information. Generally speaking, you should not admit fault or responsibility for the accident. Judgment as to who is at fault for the accident should be reserved for a later time. I was in an accident and the responsible party’s insurance company keeps calling me. Do I have to call them back? No. When you are in an accident, you have no obligation to speak to the other party’s insurance company. You may have a limited duty to speak to your own insurance carrier, but you certainly do not, and should not, speak with the other side’s insurance company. The best advice would be to consult with a competent lawyer prior to even speaking with your own insurance company. If I bring a personal injury claim, how long will it take to recover monetary damages? This is always a very difficult question to answer because each case is unique and is dependent on many factors, not the least of which is your own physical recovery. Sometimes, it takes a significant amount of time for an attorney to evaluate the effects of an accident on you as you wind your way through the treatment course. There really is no easy answer as to when to expect a recovery for your personal injury case. Who will pay for my medical bills if I am in a car crash? Under Pennsylvania law, your own auto insurance company will pay for your medical bills, regardless of who is at fault. This is because Pennsylvania has a so-called “no fault” system of auto insurance. To find out how much coverage you have in the event of an accident, check your auto insurance declarations page and look for the medical benefits portion. You are required by law to carry a minimum of $5,000. You can choose to carry much more than that depending on your budget. Of course, it is typically advisable to carry as much coverage as possible to cover your medical bills in the event you are severely injured. Generally speaking, if your medical bills exceed the amount covered by your auto insurance, you should check with your health insurer, which may pick up any remaining charges. However, your health insurer may later seek to be paid back out of any recovery you obtain through litigation from the responsible party. This is called “subrogation.” What are some of the things that I should look for in purchasing an automobile insurance policy? First and foremost, one of the things you must consider in purchasing auto insurance is the “full tort” option. If there is any way to stretch your budget to purchase full tort, as opposed to “limited tort,” do it. Limited tort really means limited ability to sue, when and if you are in an accident. Limited tort insurance could have a severe impact on you and your family. Full tort insurance allows you to recover all damages that could potentially be available to you when you are hurt in an accident. However, when you purchase a limited tort, you are essentially giving up the right to sue for your pain and suffering damages, which can be significant. Does full tort insurance cost more? Yes, but whatever limited savings you might achieve could be wiped out many times over if you are in an accident while carrying limited tort insurance. In addition to full tort coverage, you should purchase sufficient uninsured (UM) and underinsured (UIM) motorist coverage. This is coverage that protects you in the event that the responsible party doesn’t have any, or not enough, insurance to adequately compensate you for your losses. The temptation when purchasing auto insurance is always to get the best deal or the cheapest premium. But you shouldn’t do so at the expense of coverage that could protect you when you need it. Does my tort selection apply to UM/UIM coverage? Yes. If you purchase “limited tort,” it will apply to your UM/UIM coverage. Again, “limited tort” means you will only be able to recover for your economic damages – your out-of-pocket medical bills and income loss. Under limited tort, you cannot recover for any non-economic damages, or pain and suffering. Pain and suffering can be a significant component of damages in a motor vehicle collision case. Therefore, to fully protect you and your family, it is imperative that you purchase “full tort” coverage. Is there a limit to how much UM/UIM coverage I can purchase? Yes. You cannot purchase more UM/UIM coverage than what you purchase in bodily injury insurance. Therefore, when you are deciding how much bodily injury insurance to purchase, it is important to keep in mind how much UM/UIM coverage you would want available to protect you and your family in the unfortunate event of a motor vehicle crash. What is stacking and how does it work? Stacking is the right of an insured motorist to combine UM and UIM coverage on multiple vehicles in the same policy or to combine UM and UIM coverage purchased in different policies for the same insured. For instance, if you have an automobile insurance policy that insures three vehicles and carries $100,000 in UM/UIM coverage, it is a very good idea to elect stacking. In the event you or a family member are hurt in a crash, you can add $100,000 in UM/UIM coverage for each vehicle insured under the policy for a total of $300,000 in coverage. What is medical malpractice? Medical malpractice is a claim made for injury caused by a health-care professional’s failure to render the care that a reasonable health-care professional would provide. This can include failure to provide the care or initiating care that a reasonable health-care professional would normally undertake. How common are medical malpractice cases? Although numerous studies have shown a huge number of deaths are caused every year by medical malpractice, very few patients who are injured by medical malpractice actually file lawsuits. In fact, a 1991 article in the New England Journal of Medicine documented that only about 2 percent of patients injured by medical negligence ever seek compensation. Does a bad medical outcome mean that I have a medical malpractice claim? No. A bad outcome does not necessarily mean that a health-care practitioner failed to provide appropriate treatment. When a case goes to trial, juries are instructed that they cannot infer negligence from a bad outcome. What do I have to prove to be successful in a medical malpractice claim? In order to recover monetary damages for medical malpractice in Pennsylvania, a plaintiff (the person or persons filing suit) must prove ALL of the following: 1) A breach of the standard of care (ie. The doctor(s) and/or hospital didn’t do what other reasonable health-care providers would have done.) 2) Factual causation (ie. The actions of the doctor(s) and/or hospital caused the injury.) 3) Injury If a plaintiff (the injured party) fails to prove one or more of these elements by a preponderance of the evidence, he/she cannot recover monetary damages. How much time do I have to file a medical malpractice claim? Although there are a few exceptions, generally speaking, a medical malpractice claim has to be filed within two years of the medical care that caused the injury. That is known as the statute of limitations. For minors, the two-year statute of limitations begins to run from his/her 18th birthday, and in wrongful death cases, the statute of limitations runs from the date of death. In cases where a plaintiff is initially unaware that he/she was injured as a result of medical malpractice, the two-year statute of limitations may be deemed to start running from the date the plaintiff knew or should have known of the connection between the medical care and the injury. Can I pursue a medical malpractice claim without an attorney? Although “pro se” litigation of medical malpractice cases is not prohibited, it is not recommended. Medical malpractice cases are extremely complex and it is difficult to pursue such a case in Pennsylvania without an attorney given the peculiar procedure rules that have been enacted. For example, within 60 days of filing a complaint for professional negligence, a plaintiff must file “Certificates of Merit” indicating that an appropriately licensed professional has reviewed the matter and certified in writing that there is a reason to believe the care provided fell below the accepted standard of care and caused the injury. What can I recover in a medical malpractice claim? The amount and type of damages that can be recovered in a particular medical malpractice claim depend, to a large degree, on the facts presented. However, generally speaking, Pennsylvania law allows a plaintiff who proves injuries were caused by medical malpractice to recover both economic and non-economic damages. Economic damages include loss of earnings and medical expenses, whereas non-economic damages include items such as pain and suffering, emotional distress and disfigurement. In addition, the spouse of an individual injured by medical malpractice may recover loss of consortium damages for loss of society, comfort and companionship. In some instances, an individual who witnesses a close relative being injured by medical malpractice can recover for his/her emotional distress in a negligent infliction of emotional distress claim. Finally, in very rare circumstances where a defendant’s conduct is deemed outrageous or recklessly indifferent by clear and convincing evidence, a plaintiff may be entitled to punitive damages to punish the defendant and deter others from similar conduct in the future. When medical malpractice results in a patient’s death, a wrongful death and/or survival action claim can be filed by the deceased person’s survivors. The damages available in such cases differ slightly, but are substantially similar to those outlined above. How much will it cost me to pursue a medical malpractice claim? The vast majority of medical malpractice cases are handled on a contingency fee basis. That means HKQ receives a percentage of any recovery obtained. We pay for the costs of pursuing the claim up front until a recovery is obtained so that our clients do not have any “out-of-pocket” expenses associated with the case. What is a living will? A living will allows you to indicate your current intentions relative to your receiving life-prolonging medical treatment if you are so going to die soon from a terminal illness or if you are permanently unconscious. This document indicates your desire to withhold or have withdrawn medical treatment, if the treatment is only prolonging the dying process or if there is no hope of recovery. Obviously, the document would only be effective after you are unable to make any decisions regarding your medical treatment on your own. Basically, a living will advises your loved ones, as well as your physicians and the hospital, of your intentions, thus relieving them of the burden of trying to figure out what you wanted. In some cases, organ donors will want to have additional language incorporated into their living wills to allow for organ harvesting. We recommend that after a living will is executed, photocopies be sent to each of your doctors and brought with you to the hospital in the event you require inpatient care. What is a durable general power of attorney? A durable general power of attorney authorizes any person of your choosing to act on your behalf as your agent for matters specified in the document. The word “durable” indicates that the document is effective whether or not you are able to act on your own behalf due to disability or incompetence. Absent a power of attorney, should you become disabled to the extent that you are unable to conduct your own affairs, a loved one would be required to go to court to have a guardian appointed. A durable power of attorney can be either “non-springing” or “springing” in nature. A “springing” power of attorney does not take effect immediately upon execution, but rather will only take effect upon your incapacity with two doctors certifying your inability to handle your own affairs, while a non-springing power of attorney takes effect immediately. A durable power of attorney can also be limited in scope. We recommend generally that non-springing powers of attorney be provided to your banks, insurance agents, investment advisers, etc., at the time you wish to have your agent act on your behalf. We further generally recommend that springing powers of attorney be held by your agent until such time as they may be required after certification of incapacity by two doctors. What is a medical power of attorney? A medical power of attorney authorizes an agent to act on your behalf to make medical decisions for you and access HIPAA-related private medical information from your medical providers. This document is similar to and has many of the same effects as the durable general power of attorney, but almost always is non-springing in nature and therefore takes effect immediately. We therefore suggest that copies of the executed medical power of attorney be sent to each of your doctors and brought with you to the hospital should you ever require inpatient care similar to the procedure for living wills. No One Will Work Harder For You. ®

Guardianships You Are Here: Practice Areas > Estate Planning > Guardianships Guardianship When It Matters Most What if you have a family member that is unable to care for themselves or has an incapacity? You’ll want an experienced guardianship attorney to protect your family member’s best interests. We handle many guardianship proceedings including emergency guardianships, we prepare special needs trusts and can walk you through the process of all aspects of being appointed a guardian of the person and/or the estate of the family member. Types of Guardianship Minor Guardianship Elderly or Incapacitated Guardianship Estate Guardianship Prepare For Your Family's Future Today In addition to preparing a standard will, the estate planning lawyers at Hourigan, Kluger & Quinn can help you draft a living will that will guide your family in making health-care decisions if you become incapacitated. Living wills, often called health-care directives, are documents that instruct health-care providers about the conditions under which you do not want to be artificially sustained by life support. A living will is an important device to protect yourself and ensure that your wishes are carried out, and a properly executed living will prevents a contest between family members. If you do not have a living will, decisions regarding your health care are left to family members, and often they cannot agree or are in conflict about your wishes. A living will ensures that your wishes are respected and will be followed. We also draft a medical power of attorney, which are important based upon the HIPAA laws and grant your designee the power to make medical decisions on your behalf and handle your medical affairs and communicate with your health care professionals.