FAQ

  • Wills and Trusts

    • Why do I need a will?
      A will ensures that your wishes regarding the distribution of your assets are honored after your passing. Without a will, your estate will be distributed according to state intestacy laws, which may not reflect your intentions and can lead to unnecessary stress or disputes among loved ones.
    • What is the difference between a will and a trust?
      A will is a legal document that outlines how your assets should be distributed after death and can also name guardians for minor children. A trust, on the other hand, takes effect as soon as it is created and funded. It allows you to manage and distribute assets during your lifetime and after your death, often without the need for probate.
    • Do I need a trust if I already have a will?
      A trust can complement your will and provide additional benefits, such as avoiding probate, maintaining privacy, and managing assets if you become incapacitated. Whether you need a trust depends on your goals and the complexity of your estate. Consulting with an experienced estate planning attorney can help determine the best approach for you.
    • What happens if I die without a will?
      If you die without a will (also known as dying "intestate"), state law will determine how your assets are distributed. This may not align with your personal wishes and can result in lengthy legal processes and potential conflicts among heirs.
    • Who should I choose as my executor or trustee?
      Your executor (for a will) or trustee (for a trust) should be someone you trust completely — someone organized, responsible, and capable of making sound decisions. Many people choose a close family member, friend, or a professional such as an attorney or financial advisor.
    • How often should I update my will or trust?

      It’s important to review and update your estate plan after major life events, such as marriage, divorce, the birth of a child, significant changes in assets, or the death of a named beneficiary or executor. Even without major changes, it’s a good idea to review your documents every few years to ensure they still reflect your wishes.

    • Can I change or revoke my will or trust?
      Yes. As long as you are mentally competent, you can change or revoke your will or trust at any time. Changes to a will are typically made through a document called a codicil, while trusts can be amended or revoked depending on their type (revocable or irrevocable).
    • Do I need an attorney to create a will or trust?
      While there are DIY options available, working with an experienced estate planning attorney ensures that your documents comply with state laws and accurately express your wishes. Mistakes in DIY documents can lead to costly legal battles and unintended outcomes.
    • How do I get started with estate planning?
      Start by taking inventory of your assets and considering who you wish to benefit from your estate. Then, contact our experienced estate planning attorneys at ACA Law for a consultation. We will guide you through every step, ensure your documents are legally sound, and help protect what matters most to you.

  • Workplace Injury

    • I work for a very small company – just three people. Does my employer have to carry Workers’ Compensation insurance?
      Every employer, no matter how big or small, is required to carry Workers’ Compensation insurance to cover injured employees.
    • If I file a Workers’ Comp claim, am I suing my employer?
      If you file a Workers’ Compensation claim, you aren’t filing a lawsuit against your employer; you are simply requesting benefits you are entitled to by law.
    • What is my employer’s responsibility if I’m injured on the job?
      If you’ve been hurt on the job, you are entitled to have all reasonable and necessary medical treatment paid for by your employer and its insurance company. Your employer and the insurance company are also responsible for paying your lost wages while you are out of work. In the case of a work-related death, your dependent survivors are entitled to receive death benefits.
    • I’ve been unable to work for a while since I was injured. My employer is pressuring me to go back but my doctor says I’m not rea
      Seek legal counsel. Although your employer cannot send you back to work until you are able to work, you will be at a disadvantage without expert legal counsel. An experienced Workers’ Comp attorney at ACA law can help protect your rights.
    • My husband was severely injured at work while using a piece of equipment that was not working properly. I know he can’t sue his
      If a worker is injured by machinery or by a product used at work, the worker may seek compensation from the manufacturer of the machinery or the product.
    • As an independent contractor, am I covered by Workers’ Compensation if I am injured while working for another company?
      As an independent contractor, you are not covered by Workers’ Compensation. However, you may be entitled to bring a civil claim against the company you are working for, similar to a personal injury claim. This can potentially allow you to recover compensation beyond what Workers’ Compensation would provide.
    • What can I do if my employer does not have Workers’ Compensation insurance and I am injured at work?
      If your employer does not have Workers’ Compensation insurance and you are injured at work, you have the right to file a lawsuit against the company. All businesses are required by law to carry Workers’ Compensation insurance, and failure to do so can result in legal action to recover compensation for your injuries.

  • Personal Injury

    • What is a personal injury?

      Personal Injury is the legal term used for an injury that affects your body, your mind or your emotions. The term also refers to lawsuits in which the injury has been caused by someone else’s negligence. If someone causes you harm because he or she did not take reasonable care, that person can be considered negligent and you have the right to recover damages and pursue compensation for your medical bills, lost income, and quality of life losses.

    • The insurance company is pressuring me to get medical tests and sign paperwork. What should I do?

      Don’t waive your legal rights. Do not provide statements to an insurance company, sign any insurance company documents or submit to any medical testing until you have spoken to an ACA Law Personal Injury lawyer.

    • How can you determine how much my case is worth?

      In order to determine the worth of your claim, the Personal Injury attorneys at ACA Law will carefully consider factors such as the details of your accident; the severity of your injuries; your medical records and medical bills; your ability to work; improvement or deterioration of your physical and mental health; your employment history; loss of wages and earning capacity; pain and suffering as well as other factors that can influence the worth of your claim.

    • How much time do I have to file a lawsuit for a Personal Injury case?

      The statute of limitations in Pennsylvania gives you two years from the date of the injury to file a lawsuit in a Personal Injury case.

    • What happens if my lawsuit is not filed in this timeframe?
      In the majority of cases, the civil court system in Pennsylvania will refuse to hear your case and you will lose your right to compensation.
    • What is the statute of limitations if I have an injury claim against a city, county or state government agency?

      You have 6 months to file a notice of intent to sue a city, county, or state government agency for injury claims.

    • What are the caps on injury damages in Pennsylvania?
      In cases involving injury and death, Pennsylvania prohibits limitation of damages. However, the state does limit punitive damages to two times actual damages.
    • How long will my case take?
      No two cases are the same, so there is no standard answer to this question. A Personal Injury lawsuit may settle in a few months, if there is no need for a trial. Some very complex cases, however, can take years to complete.
    • What is probate and can it be avoided?

      Probate is the legal process of validating a will and distributing assets through the court system. It can be time-consuming and costly. Establishing a trust and properly titling assets can help your heirs avoid probate and receive assets more efficiently.

Back to Top