Edward Clement Sweeney’s Answers

Edward Clement Sweeney

Downingtown Employment / Labor Attorney.

Contributor Level 14
  1. If I would die or commit suicide and I have a personal injury auto lawsuit would my spouse retain control after death

    Answered about 1 year ago.

    1. Harold Semanoff
    2. Alan James Brinkmeier
    3. Michael W. Aitken
    4. Michael Evan Greenspan
    5. Edward Clement Sweeney
    6. ···
    11 lawyer answers

    I am so sorry if you are going through issues. Injury can often do that. You should not do anything rash. Those who love you depend on you. There are many people who can help you through your difficulties, including myself. You may need particularized help that you have not gotten yet that can make the situation much better. That is a complex question and depends on facts not presented and that need to be discussed with an attorney. I think most attorneys would tell you that without...

    11 lawyers agreed with this answer

  2. My son was hit by a car while riding his bike on his college campus. He was not at fault. What is a fair settlement?

    Answered 9 months ago.

    1. Harold Semanoff
    2. Thomas J. Wagner
    3. Sandra B. Worthington
    4. Theodor Kaplun
    5. Jeffrey Mark Adams
    6. ···
    13 lawyer answers

    Most lawyers would say such advice is why you hire a lawyer. Its, as Lincoln said, our stock in trade. If you son has a permanent condition, the case is worth much more. Is there a medical lien to pay back? Was there loss of earnings? Is his ability to play sports affected? Is he in pain when he uses the hand and wrist? Is he prevented from doing things he used to do and he loved doing? Is he a rock climber? Basketball player? There are many ways to argue this case has real value...

    9 lawyers agreed with this answer

  3. I was rear ended. I filed a claim,but I see a claim was filed vs me even though I wasnt at fault. Possilbe to be sued?

    Answered over 1 year ago.

    1. Jonathan David Marx
    2. Tatiana Kadetskaya
    3. Christian K. Lassen II
    4. Edward Clement Sweeney
    5. Greg Prosmushkin
    6. ···
    7 lawyer answers

    Yes, it is possible. The tortfeasor or his insurance company could be playing "hard ball" to try to make it seem like a rear end accident was partly or fully your fault. If he was DUI, my thought is that this i sa dangerous tactic for him that could backfire..

    8 lawyers agreed with this answer

  4. Employer won't contest unemployment? Decision was made in my favor and now they are appealing? Can they?

    Answered 8 months ago.

    1. Edward Clement Sweeney
    2. Brendan Daniel Hennessy
    3. John B. Dougherty
    4. Patrick William Murray
    4 lawyer answers

    Your posting presents some very interesting questions and shows why its always good to have a lawyer before your quit. First question: you do have a written agreement that they will not contest, and they have breached it, but what is the agreement's remedy? Is there a provision where you can get damages and attorneys fees for breach? Not having one makes it more difficult for you because you will not recover attorneys fees for breach. I see two possible remedy argument if there is no clear...

    7 lawyers agreed with this answer

  5. No Compete/ No Solicit Clause : is it legally binding since my last name has changed and I can not work in my field.

    Answered about 2 years ago.

    1. Edward Clement Sweeney
    2. Andrew J. Horowitz
    3. Robert John Murillo
    3 lawyer answers

    The agreement covers you even if you are listed in it under your maiden name. However, such agreements must be reasonable in time, space, and matter. 5 years and the tri county region seems manifestly broad for someone who appears to be a low level manger paid $9 an hour. In fact, 1-2 years is probably too broad in time and more than 1 hour drive seems too broad in space (area). You need to take it to a local attorney and no agreement can be analyzed simply by describing it over the...

    7 lawyers agreed with this answer

  6. What is the best way to negotiate a settlement for a debt? Being sued for a debt but there was more to it then this.

    Answered 10 months ago.

    1. Dwayne M Farnsworth
    2. Edward Clement Sweeney
    3. Alan James Brinkmeier
    4. Gregory Thomas Artim
    5. Christine B. Adams
    6. ···
    6 lawyer answers

    After a judgment, not much incentive for Creditor to give you a huge break, but I agree a decent lump sum payment can help, but it also can give notion you can afford monthly payments. Sometimes the type of debt you have can increase with interest and attorneys fees for collection. Most times creditors want to know your complete financial status backed by documents showing your income, assets, etc. before they are willing to cut you a break. Sorry. But once they get a judgment, things get...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. MINOR accident. Small scrape on someone elses car. I didn't have insurance on my vehicle. No police report. what happens?

    Answered 9 days ago.

    1. Edward Clement Sweeney
    2. Eric A Shore
    3. Peter N Munsing
    4. Adam James Savin
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Sorry to report you look at fault. If so, you will have to pay for her damage and any injury she suffered. Likely you don't have insurance. Her insurance company will likely sue you if you don't pay for her damages to her car, She may hire a lawyer to sue for any injuries. Not much you can do but (1) hope it goes away (not likely) and (2) consult a lawyer if they ask for money or sue you.

    6 lawyers agreed with this answer

  8. Is there anyway for an employer to get around a public law.

    Answered over 1 year ago.

    1. Edward Clement Sweeney
    2. Norman Antonio Stiteler
    2 lawyer answers

    No. Sounds like you would have a good case if they push you. The statute would very likely be violated. See this link. http://www.lcfa.com/clientuploads/Resource_Center/Reports/Late_to_Work_Law_Making_The_System_Work_updated.pdf

    6 lawyers agreed with this answer

  9. Getting double Indemnity from Life Insurance, or how to settle an accidental death claim.

    Answered 9 months ago.

    1. Christian K. Lassen II
    2. Edward Clement Sweeney
    3. Steven Fisher Fairlie
    4. David Ian Schoen
    5. David A. Papa
    6. ···
    6 lawyer answers

    I am sorry for her loss and your loss. It depends on the policy, but you may have a good argument.. Some policies have an alcohol exclusion, but my recollection is that some states require that there be causation for it to apply. In other words, where the alcohol does not cause the accident, the insurer cannot rely on it for a denial. Our firm has handled vigorously life insurance double indemnity claims and based on my experience you can often find a way to challenge a case with these...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I drop my ex wife from my health ins.?

    Answered 9 months ago.

    1. Christian K. Lassen II
    2. Edward Clement Sweeney
    3. Christopher Daniel Leroi
    3 lawyer answers

    Do you have a separation agreement that requires you to have it? It is your insurance and I think you have no legal obligation to continue to carry her. You may want to give her notice as she may argue she relied on your provision of it for the last three years and this prevents you from ceasing it immediately without notice. I would consult a family lawyer.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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