Think you might fire your current legal representative and retain a new one? You, the client, have the right to the representative of your choice. And sometimes, after working with a particular attorney, you may develop second thoughts. Below, we provide answers to Frequently Asked Questions: When should I fire…
Judge Orders Builder to Pay $318K (Attorney Fees)
It’s often a long-shot in PA to get the opposing party to pay your attorney fees for civil litigation. Ordinarily, each party pays their own attorney fees in Pennsylvania. Only two exceptions exist. The first: the parties have agreed — via a contract — that one party must pay the…
FAQ – Exception in PA: Drunk Driver (Or Ability Impaired)
Limited Tort Exception: Driving Under the Influence (“Drunk driver”) Motorists bound by “limited tort” in PA may lose the right to sue for pain and suffering from a motor vehicle accident, unless an exception applies. These include: A passenger in a commercial vehicle, such as a bus or ride share,…
Lowest Level Civil Court Hearing | What to Expect
What to Expect At the MDJ Hearing If you’re reading this article, you’re probably wondering what to expect at your hearing before a Magisterial District Judge (“MDJ”) a/k/a small claims court. The common questions of this Pittsburgh lawyer are: Do I need to attend the hearing in person? Do I…
PA: What Scar is Needed?
An Often Overlooked Limited Tort Exceptions: Disfigurement. A motorist or passenger in Pennsylvania bound by the “limited tort” election can only sue for economic loss, not pain and suffering, unless certain exceptions (such as drunk driving) apply. The most common exception is when the injury causes a serious impairment of…
Advantages of Filing in Lowest Court in PA
Advantages of Suing For Money in Small Claims Court Small claims court is the fastest and most cost-effective way to resolve many civil claims for money. That said, we have written about the pitfalls of filing your lawsuit for money in small claims court. The big disadvantage is, either side…
Your Emoji – Can it Bind You to a Deal in PA!?
Can a 👍 Emoji Create a Contract in Pennsylvania? A recent case has lawyers wondering: can your emoji — without more — bind you to a major contract in Pennsylvania? One court said “yes.” There, the court held a party liable for failing to deliver 87 metric tonnes of flax…
Filing on the Lowest Level Court – Common Mistakes
Common Strategic Mistakes When Filing in Small Claims Court Filing your lawsuit in small claims court is often the fastest, most efficient, and cost-effective way to resolve a dispute. However, strategically, you may want to re-think the decision to file in small claims court, especially if you expect the Defendant…
“Serious Impairment of Bodily Function” Defined in PA
Serious Impairment of an Important Bodily Function This Pittsburgh lawyer has written previously about the perils of electing the “Limited Tort Option” under the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”). This election precludes you from recovering non-economic damages for a crash, unless an exception applies, such injuries outside of…
Lowest Court “Judgment” to Execute on Real Property?
Our Pittsburgh attorneys often get asked: I won in small claims court (before a magisterial district judge), so now how do I enforce it against the defendant’s real property? First of all, before you can do anything, the opposing party has thirty days to appeal. Then, the local magistrate’s decision…
