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Commonly Asked Questions

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1.  When I purchase liability insurance for my car, are there any benefits or coverages that I should ask for? 2.  What should I do if I am injured as a result of falling on someone's property or attacked by someone's pet? 3.  What should I do if an insurance representative or claims adjuster wants to take my recorded statement regarding an incident? 4.  Can I sue my employer if I was injured while working? 5.  Do I need a lawyer when I am buying or selling real estate? 6.  Do I need a Will or Trust? 7.  Should my business be a corporation, limited liability company, partnership or a sole-proprietorship?

When I purchase liability insurance for my car, are there any benefits or coverages that I should ask for?

     Absolutely.  In Pennsylvania, you should always request the FULL TORT OPTION (allows you to make a claim for your injuries from an accident) and UNINSURED/UNDERINSURED MOTORIST COVERAGE (insurance in case you are struck by an uninsured vehicle or a vehicle that does not have enough insurance coverage) in the same amount.

     In New Jersey, avoid purchasing the "Basic Coverage" class of insurance at all cost.  You should request the "NO LIMITATION ON LAWSUIT OPTION" or the "ZERO THRESHOLD OPTION" (one in the same) and avoid the "Verbal Threshold" or "Limitation on Lawsuit" option so that you retain your right to make a claim for any injuries you suffer.  In New Jersey, you must affirmatively ask for the "ZERO THRESHOLD" or by law, you will get stuck with "Verbal Threshold" and give up any of your rights.

     Please contact Gold, Silverman, Goldenberg & Binder if you have any questions when purchasing your auto insurance.  Remember, decisions that you make today can detrimentally affect your rights tomorrow and most times, the cost of savings in purchasing the cheaper policy options are not worth the pain, literally and figuratively, later.

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What should I do if I am injured as a result of falling on someone's property or attacked by someone's pet?

     If possible, before or immediately after you seek medical attention, make sure that the incident was reported to the person who possesses or owns the property or pet as well as to the local police department.  Ask for a copy of the report and if they cannot give you a copy of the report, ask for the person's name, title, address and phone number who took the report.  Also, obtain the name, address, and phone number of any witnesses to the incident.  Then, call Gold, Silverman, Goldenberg & Binder as soon as possible so that we can review your rights with you.

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What should I do in an insurance representative or claims adjuster wants to take my recorded statement regarding an incident?

     Although you have a duty under most insurance policies to cooperate with your own insurance company (no duty to give a statement to an insurance company other than your own), you should never give a recorded statement to anyone without calling Gold, Silverman, Goldenberg & Binder.  In Pennsylvania and New Jersey, a person must tell you first that they are recording your conversation if they want to use that recorded statement at a later date.  Always direct the person asking for the recorded statement to our offices.

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Can I sue my employer if I was injured while working?

     In Pennsylvania and New Jersey, you cannot sue your employer for injuries on the job apart from some very specific exceptions.  You are entitled to worker's compensation benefits including the payment of your medical bills and wage loss without proving fault.  Make sure that all of your injuries are reported to your employer and call Gold, Silverman, Goldenberg & Binder if you have any questions or need representation.

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Do I need a lawyer when I am buying or selling real estate?

     Buying or selling a home is probably one of the most important financial decisions you will make in your lifetime and often, a home is the most valuable asset that you will own.  With this in mind, a lawyer should assist in all phases of the real estate transaction.  It's imperative that a lawyer review and Agreement of Sale BEFORE it is signed (in New Jersey there is a three day attorney review period but it is wise to have a lawyer review the Agreement before you sign it whether you are a Buyer or Seller).  Often, the real estate agents will prepare the legal documents however, if you are the Buyer, the real estate agent may not even represent you.  If you are considering buying or selling real estate, please call Gold, Silverman, Goldenberg & Binder  before signing any legal documents.

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Do I need a Will or Trust?

     Without a Will or legal trust when you die, the state determines who gets how much of your estate as well as who gets to administer your estate.  There may also be very expensive tax ramifications if proper planning is not done.  Other issues that may be covered in a Will or legal trust include the appointment of a guardian(s) and/or trustee(s) for any of your minor children; specific bequests of items of intrinsic or sentimental value; burial instructions; the appointment of an Executor/Executrix (person responsible for administering your estate and following your wishes) etc.

     You should have a Will or legal trust along with a durable power of attorney (appointing an individual to handle your affairs if you are disabled and cannot take care of your own affairs) and a living will or advanced healthcare directive (a written declaration as to what measures, if any, you wish medical providers to take if you are in a terminal condition or in a state of permanent unconsciousness).  Should you have any questions, please call Gold, Silverman, Goldenberg & Binder.

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Should my business be a corporation, limited liability company, partnership or a sole-proprietorship?

          The type of organization you select for your business entity is critical.  The decision regarding what type of entity you select when forming your business will have ramifications in areas including but not limited to personal liability, taxes, control, number of owners, transferability of interests, duration of the entity and management.  It's imperative that you consult with an attorney to discuss the various forms of entities and the attributes of each.  What may be an important issue for one business may not be for another so a cookie-cutter approach to forming a business should be avoided.  If you are contemplating forming a business, please call Gold, Silverman, Goldenberg & Binder to review your options.

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