<< Pittsburgh Lawyers
Top Attorneys Answer Your Questions
Life changes and life stages often bring situations that require the advice of an expert.
In this resource guide, we asked the law firms that have sponsored this publication to share the questions they often hear from their clients, ranging from advice on divorce, to when to pursue a personal injury claim, to tax questions and more. For advice on a specific situation, it is best to contact an attorney directly.
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Q: Can a business owner be held liable for the criminal acts of a third party who enters onto the premises and injures his customer? | 
| A: The general rule is that a property owner is not an insurer and has no duty to control the acts of a third party. However, he is under a duty to provide reasonable protection. What is reasonable depends on the circumstances. For example, if a business should reasonably anticipate criminal activity, then it has the obligation to provide a concomitant level of security. |
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Q: Did asbestos or smoking cause my lung cancer? | 
| A: There's no doubt that either smoking or asbestos exposure alone can cause lung cancer. However, combined, they greatly increase the risk of developing lung cancer. Individuals exposed to asbestos in industry have a five-fold increased risk of contracting lung cancer compared to those who have not been so exposed. Heavy smokers have a 10-fold increased risk of contracting lung cancer compared to those who have never smoked. Those who smoked and were exposed to asbestos have up to a 90-fold increased risk of contracting lung cancer. Because both carcinogens contributed to cause the disease, a smoker exposed to asbestos may be entitled to compensation for his or her cancer. Quitting smoking is important even if you do not have a history of asbestos exposure, and it is vital to quit if you do have an exposure history. Studies have shown that cancer risk among asbestos-exposed workers can be reduced by 50 percent within five years of quitting smoking. |
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Q: If I move out of the house, am I still entitled to any of the equity? | 
| A: Yes. In a divorce and property division (called "equitable distribution") case, the court values the marital estate and awards certain property to each party. The marital estate consists, generally, of all property acquired during the course of the marriage. If the house was acquired during the marriage, then it is a marital asset and its value (equity) will be part of the marital estate when it is divided, regardless of whether someone moved out. The equity is still part of the marital estate to be allocated by the court. However, if you want the court to award the house to you, moving out is probably not the best option, as the person living there when equitable distribution occurs usually ends up with the actual property. The other party gets his or her value from other assets or a buy out/refinance. |
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Q: How much alimony will I have to pay and for how long? | 
| A: Section 3701 of the Domestic Relations Code contains 17 different factors the court is to consider in determining the nature, amount, duration and manner of payment of alimony. The most significant, although they are not specifically to be given any particular weight, is the length of the marriage and the respective earning capacities of the parties. Predicting the length and amount of alimony is the most suggestive component of a divorce case. It is important for the person seeking alimony to have an accurate budget of their reasonable needs to submit to the court so that the court may factor those needs into the expenses. |
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Q: Can an asbestos lawsuit be filed even though the exposure to asbestos was 30 or 40 years ago? | 
| A: Yes. Asbestos diseases such as mesothelioma or lung cancer take years or even decades to develop. The time from the first exposure to asbestos to the diagnosis of lung cancer is usually 20 years. Mesothelioma, a deadly cancer generally affecting the lining of the lung or abdomen, usually takes about 40 years to develop. Even if your exposure occurred 30, 40 or more years ago, you are still entitled to compensation for your asbestos-related injuries. You are limited, however, by statutes of limitation, or the period of time during which you may file a lawsuit. Statutes vary by state, but in Pennsylvania, the statute of limitations lasts just two years. This can make it especially difficult for those who may not immediately connect their diagnosis to their previous asbestos exposure. If you or a loved one are diagnosed with one of these diseases and worked in an industrial environment, you should contact us to determine if your cancer may be related to asbestos exposure. |
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Q: How do I know if my child's birth injury is the result of medical malpractice? | 
| A: During delivery, some babies do not tolerate the labor process well, and they suffer what is known as fetal distress. If not delivered promptly, some will suffer oxygen deprivation to the brain resulting in cerebral palsy. During delivery, the baby's shoulders sometimes become trapped, and if not managed properly, the baby suffers a stretch or tearing injury to the brachial plexus resulting in the permanent limitation of the use of the arm. When an infant suffers a birth injury, the entire family is devastated. Rather than enjoying the normal stages of the baby's early life, parents are often consumed with providing their newborn 24-hour-a-day care. If your child has suffered such an injury, it is important that you recover the compensation necessary to pay for medical bills and to provide life-long care. Claims may be pursued up to 20 years following the birth of the child. |
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Q: Can someone get cancer from asbestos products even though they didn't work with asbestos, but they lived with someone like a spouse or father who brought asbestos dust home on his clothes? |
| A: Yes. Indirect or secondary exposure occurs both in the workplace and outside it. Victims sometimes worked only in the same facility, building, or mill where asbestos was used by others. Others may have been injured by asbestos dust brought home on the clothing of family members who were exposed to asbestos at work. Several of our clients were wives, children or other family members of workers who contracted mesothelioma by simply breathing the asbestos dust brought home on the worker's clothing. Indirect exposure does not preclude someone from filing a lawsuit if they are suffering from asbestos-related diseases. |
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Q: Why is it so important to speak with a family law attorney before deciding to separate or divorce? | 
| A: The decision to separate or divorce, as well as the timing of such an action, can be influenced by a number of factors, including the facts and circumstances of your case and how they are influenced by legal considerations. These variables are unique to each individual case and no two are alike. A full understanding of the potential consequences, costs, strengths and vulnerabilities of your alternatives is essential. The need for this information is even more critical due to misconceptions and misinformation caused by the stories we hear from others who have gone through a separation or divorce. The information we receive from these personal relationships can be misleading. The facts may be inaccurate, taken out of context or unique to the friend or neighbors' case, not necessarily an indication of the potential outcomes associated with your case. Getting advice before you act is invaluable. Getting advice afterwards is painful. |
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Q: I've had an affair. How will that affect my divorce? |
| A: Probably less than you expect. Marital misconduct, including infidelity, is not a factor that the court is permitted to consider when deciding how much of the marital estate to award to each spouse. However, marital misconduct is a factor that the court can consider when determining whether to make an award of alimony, and the amount and duration of alimony, but it is only one of 17 factors the court can consider, and usually not a very important one. Most of the factors that drive equitable distribution and the award of alimony are financial in nature. |
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Q: If my insurance carrier has committed bad faith, how long do I have to file suit? |
| A: In October 2007, the Pennsylvania Supreme Court was faced with the question of whether a bad faith action carried a four-year contract statute of limitations since the insured and his carrier had a contractual relationship, or if the two-year statute of limitations applicable to most tort actions should apply. The court held that the bad faith law is a statutorily created tort action and you have two years to file suit. |
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Q: What are some of the more common medical errors made in the hospital setting? |
| A: In my experience, the most common mistakes involve the failure to diagnose heart attacks, strokes, pulmonary embolisms, serious abdominal conditions and infections. There are specific tests that must be performed should you exhibit to the hospital signs and symptoms of a heart attack, stroke, or pulmonary embolism. If diagnosed and treated promptly, death or permanent injury is often avoidable. Physicians are required to consider all possible causes for your medical complaints and symptoms. It is the doctor's responsibility to exclude the most life-threatening causes first. Failure to order a biopsy to rule out cancer, or to order diagnostic tests to determine the presence of heart disease may lead to a tragic delay in diagnosis and treatment. |
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Q: What are the major impediments to a divorce settlement? |
| A: Unreasonable expectations are the major impediments to most divorce settlements. There are often several causes for such unreasonable expectations: a failure to fully understand the facts, including the value of the marital estate and the components; your range of exposure and/or entitlements as dictated by the law and the local case results. Lastly, the emotional factors woven into the fabric of negotiations must be considered. Many good deals are rejected due to emotional influences. Likewise, many bad deals are accepted. A good family lawyer must recognize and address not only the complex financial and legal aspects resulting from a separation and divorce but also the pervasive nature of the emotional factors. Therefore, the timing of negotiations, offers and acceptances are critical and can be successful or unsuccessful based on emotional not economic reasons. |