The Legal Advocate March 2018 Brooklyn

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A whole new perspective on legal news.

LEGAL RESOURCE

Complimentary Copy

March 2018

TheLegalAdvocate.com

PERSONAL INJURY: Employer may be held accountable when employee has injured you in accident BANKRUPTCY: The number of people who can’t make car payments is on the rise

DWI: Drinking and driving could be punishable by prison time

Careless

Medical malpractice accounts for an astounding number of deaths each year in the U.S. NURSING HOME:

MASS TORT:

SERVICES:

Although common, abuses are very seldom reported to police

Did taking the birth control pill cause you to get breast cancer?

Pre-settlement funding could be your lifeline during lawsuit

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March 2018 Issue 4 PUBLISHER Joseph P. Belsito Joe@Belsito.com

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The articles published in this publication, The Legal Advocate, are not legal advice, but the reporting of news concerning general information on general legal issues commonly encountered by the public. The Legal Advocate is not a law firm and the content of the articles contained herein are not a substitute for an attorney or law firm. As such, The Legal Advocate cannot provide any kind of advice, explanation, opinion, or recommendation to any reader about possible legal rights, remedies, defenses, options, selection of forms or strategies the reader may have. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Therefore, if you need legal advice for your specific problem, you should consult a licensed attorney in your area. The Legal Advocate does not endorse any particular attorney or legal service who advertises and/or is quoted in The Legal Advocate and cannot guarantee the quality, or reliability of any attorney or legal service who advertises in The Legal Advocate. Nor, does The Legal Advocate guarantee the reliability or accuracy of any of the statements or opinions provided by any attorney or legal service who is quoted or referenced in The Legal Advocate. The attorneys quoted in The Legal Advocate may or may not be licensed in your state.

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News

Entertainment

Civil Rights..........................................4 Immigration .........................................5 Education............................................6 Class Action ........................................7 Family Law .........................................8 Mass Tort ............................................9 Veterans Administration ................... 10 Elder Care ....................................... 11 Personal Injury................................. 12 Mesothelioma .................................. 14 Legal Services ................................. 15 Nursing Home.................................. 16 Social Security/Disability ................. 17 Medical Malpractice ......................... 18 Business .......................................... 20 DWI/DUI .......................................... 21 Real Estate ...................................... 22 Workers’ Comp ................................ 23 Tax Law ........................................... 26 Bankruptcy....................................... 27 Criminal ........................................... 28

Trending News ................................ 24 Crossword ....................................... 29 This Month in History ....................... 30 Legal Ease Cartoon ......................... 30

Cover Story

Why medical malpractice is the third leading cause of death in the U.S.

18

Letter from the Publisher Thanks for picking up this month’s edition of The Legal Advocate. For those browsing our pages for the first time, we hope you enjoy the wide variety of subjects we’re reporting on that will likely touch on a subject affecting you, a family member or friend.

In this month’s issue, we feature a very troubling statistic: that medical malpractice is the third leading cause of death in the U.S. Only cancer and heart disease kill more people. It’s the medical professional’s responsibility to provide safe care, but when failure strikes, the consequences can be devastating, sometimes even deadly. Find out Joseph P. Belsito how attorneys are taking on this epidemic that the healthcare industry does not want to joe@belsito.com talk about.

In addition to our wide range of legal topics, you’ll also find interesting and entertaining articles, puzzles and cartoons to enjoy each month. We hope you will become a regular reader. To that end, I’d love to hear your feedback on our magazine as well as suggestions for articles or ways we can improve.

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Early Dismissal?

Were you given warning of your layoff? If not your former employer may have violated federal law The economy is doing well but there are many industries struggling to keep up with changes in the economy. If your former employer had at least a hundred employees and you lost a job through a plant closing, mass layoff or the equivalent, federal law may require a sixty day notice. If your ex-employer threw your life into chaos during a large number of layoffs without giving sufficient notice you may be entitled to reimbursement of some lost pay and benefits.

CIVIL RIGHTS

This kind of warning may be required under the federal Worker Adjustment and Retraining Notification Act (WARN Act). To come under the act your ex-employer had a least a hundred employees, not counting those working less than six months in the previous year or employees averaging less than twenty hours a week (though those workers are also entitled to proper layoff notices).

“It’s bad enough when someone loses a job and the ability to support a family,” said Jeremiah Frei-Pearson of Advocates United, “With enough

notice a worker may be able to find another job or at least start adjusting to a lower income.”

Hourly and salaried workers are covered by the WARN Act. The obligation for a sixty day notice is triggered when there’s a, • Plant closing resulting in a loss of jobs for fifty or more employees during any thirty day period, • Mass layoff which isn’t a plant closing but results in a loss of 500 or more jobs at an employment site during any thirty day period, or the loss of fifty to 499 jobs if they make up at least a third of the workforce, or, • If two or more groups of people suffered mass job losses but layoffs took place over a ninety day period, they may also be entitled to required warnings unless the reasons for the multiple layoffs are separate and distinct.

IMMIGRATION

more than $500 for each day of violation.

“The WARN Act isn’t enforced by a government agency. It’s up to those laid off to file a legal action in federal court to protect their rights. Often these cases are class action lawsuits covering all the affected former employees,” Frei-Pearson said.

Jeremiah Frei-Pearson, who was interviewed for this article, is an attorney at Advocates United.

If you would like to contact Advocates United for more information, please call 888-208-8105.

“The WARN Act isn’t enforced by a government agency. It’s up to those laid off to file a legal action in federal court to protect their rights.”

If your ex-employer violated the WARN Act by not providing you appropriate notice it may be liable for an amount equal to your back pay and benefits for the period of violation, up to sixty days. There’s also a potential civil penalty not

Jeremiah Frie-Pearson ATTORNEY

‘Chain migration’ is a negative term that should not be used by those seriously discussing immigration ‘Chain migration’ is a term used by those seeking to cut back on family based immigration. It creates a false impression of who can legally immigrate to the United States. Unfortunately, even mainstream media seems to have picked up this term when discussing immigration policy.

The current administration IMMIGRATION seems to think that it is easy to immigrate to the United States and that all family members can get green cards. It tries to give the impression that uncles, aunts, cousins, grandchildren, and grandparents can be sponsored for green cards when in fact there is no such category for sponsorship based on those relationships.

“Don’t fall into the trap of using the phrase ‘chain migration’,” said Frank Massaro, a lawyer with Advocates United. “Please call it what it is, ‘Family Based Immigration’.”

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Second Preference: • Spouses and Children (under 21 years of age) of Permanent Residents • Unmarried Sons and Daughters (21 years of age and older) of permanent residents Third Preference: • Married Sons and Daughters of United States citizens Fourth Preference: • Brothers and Sisters of United States citizens (citizens 21 year of age and older)

Frank Massaro ATTORNEY

The current immigration law allows for sponsorship of only a limited category of family members.

Here are the categories, plain and simple:

• The spouse of a U.S. citizen;

Immediate Relatives of U.S. Citizen

• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. You are an immediate relative if you are:

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“Don’t fall into the trap of using the phrase ‘chain migration.’ Please call it what it is, ‘Family Based Immigration.’”

• The unmarried child under 21 years of age of a U.S. citizen; or

First Preference Category: • Unmarried Sons and Daughters (21 years of age and older) of United States citizens

Family Based Immigration should never be referred to as ‘chain migration’. It should be referred to as what it is, “Family Based Immigration”. It is a process that is based on the values of family and family unity. Most people can understand that keeping close family members together is important and has been a benefit to this country. “’Chain migration’ conjures up a pretty bad image,” Massaro said. “Check out the categories yourself. I think you will see that most of us would be shocked if these forms of sponsorship were eliminated.

Americans want to keep families together.”

Frank Massaro, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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Power in

EDUCATION

NUMBERS Class Action Lawsuits Can Be a Powerful Tool for Plaintiffs

Students facing discipline have rights that should be protected Is your child facing suspension or expulsion from school? If so he or she should have an opportunity to tell their side of the story and present a defense. Although educational institutions have wide discretion over discipline, under Federal and State laws, there are some limits as to what a school they can legally do. These statutes also protect institutions from acting in a discriminatory manner.

As a parent you want to protect your child from being wrongly accused of breaking the rules or facing discipline that’s discriminatory or inappropriate based on the alleged offense. At a student disciplinary hearing an attorney should be able to submit evidence, cross exam witnesses, contest submitted documents and argue for an appropriate penalty in the proceedings.

“You lose your rights if you don’t protect them,” said Jennifer Safier, an attorney with Advocates United. “A student disciplinary process can have far-reaching consequences and should be taken seriously.”

Disciplinary hearings and decisions can impact your child beyond the high school walls or college campus.

• The accusations may be criminal in nature if your child is accused of assault, drug or weapons

related charges. What’s admitted in a disciplinary hearing could be used by the police.

Offenses that could result in student conduct hearings and administrative actions include:

• Suspected wrongdoing by a high school student resulting in serious discipline could

• Underage drinking or possessing alcohol; • Driving under the influence; • Possession or distribution of illegal drugs;

“A student disciplinary process can have far-reaching consequences and should be taken seriously.”

Jennifer Safier ATTORNEY

make it more difficult for your child to join the military or be admitted into the college of his or her choice.

• If a college student is expelled, depending on the circumstances, it could make it harder or impossible to transfer to another college and obtain a degree, potentially causing a life-long reduction in earnings.

• Burglary, trespass, criminal mischief or disorderly conduct; • Assault, battery, stalking, harassment or rape; • Hazing, and • Violations of a student honor or conduct code, including cheating or using hate speech.

Penalties could include probation, suspension, expulsion, ban from particular areas on campus, an order to stay away from certain people, community service and/or loss of privileges.

“Parents and children invest a lot of time, energy, effort and money into education in the hopes of a brighter future. This investment must be protected if a student is facing a disciplinary hearing,” Safier said.

Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

If you’ve been injured by a product or cheated by a company you may not be alone. Many others may have also suffered. Class action lawsuits enable people who have been injured or harmed in the same way, under similar circumstances, by the same party (or parties) to be represented in a single legal action.

A class action enables justice to be served for hundreds or thousands of people thanks to one lawsuit. Pursuing lawsuits for each individual impacted could be too expensive and time consuming to be practical. While a single client can be vindicated by a decision in a lawsuit, when a class action is involved the benefits can spread to people all over the country.

CLASS ACTION

Though these types of lawsuits can be procedurally complicated and drawn out, an issue shared by many could be resolved through a single lawsuit, instead of hundreds or thousands of cases being filed. The rules concerning what cases should be class action lawsuits in state court vary with each jurisdiction, but there are a set of rules for these cases in federal court.

These cases are normally filed with a single or multiple plaintiffs named (the representative party or parties) and the plaintiff ’s attorney asks the judge to certify the case as a class action. The class is all those affected in the same or similar way by the defendant or defendants who consistently treated all those impacted in the same manner.

Examples of class action lawsuits that may impact you include: • Legal actions by consumers claiming herbal supplements aren’t as effective as advertised • Workers suing employers who failed to pay them wages and benefits as required by law • Auto manufacturers and the maker of defective airbags have been sued because of injuries and deaths

because these safety devices meant to protect drivers and passengers ended up harming them

• Women suing talcum powder manufacturers because of a possible link to ovarian cancer.

• Pharmaceutical companies being sued because of serious, negative side effects caused by their medications

The defendant may have a lot at stake and be willing and able fight very hard to prevent a case from becoming a class action. Many plaintiff attorneys steer clear of these cases because of the commitment in time and resources they take, while some of welcome the challenge.

• Patients who claim medical devices such as hip implants have caused injuries

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Breakup story:

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Top three things to do before you initiate a divorce

Divorce can be complex and messy, especially if you are not well prepared. The key to reducing issues during litigation is to act deliberately and calmly at every stage, including before you begin, according to Jennifer Safier, an attorney with Advocates United.

One of the first things to do in today’s digital age is to tone down your social media posts. It can be incredibly tempting to vent to friends on line.

However, saying the wrong thing there can cause you trouble later on. Even innocuous actions like posting a photo from a restaurant may be used to paint a financial picture that is not accurate.

FAMILY LAW

“Many people don’t realize that what they say on line can be used in court by the opposition.

Review your profile and think carefully before posting.”

“Many people don’t realize that what they say on line can be used in court by the opposition,” Safier said. “Review your profile and think carefully before posting.”

Jennifer Safier

Also, before you initiate a divorce, you must get a better understanding of your finances. How much do you and your soon-to-be ex have in savings?

What assets did you each bring into the marriage and which ones are shared? Many adults do not have a clear idea of their personal financial pic-

ture. By assessing where you are now, you are in a better place to come up with an equitable division of property and liabilities. You should also ensure that at least some of your funds are in an account that is not shared with your spouse.

ATTORNEY

“This can let you be sure that you can continue to pay your bills if your spouse decides to empty accounts,” said Safier.

Last and perhaps most important is to get your emotions in check. Going through a divorce is highly emotional and you and your spouse may have strong negative feelings toward one another.

You may even have an urge to be vindictive. Particularly if you and your spouse have children, it is important to put emotions aside so that you can focus on what is best for them. Check in with your kids regularly to ensure that they are processing their feelings associated with the divorce well. Talk to them so that they know that this is not their fault. Work with your spouse to keep the kids’ lives as normal as possible during this transition.

The breakup of a marriage is never easy. Divorce can be an expensive and emotionally draining experience. By making the right moves early on, you can make the process go far more smoothly.

Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Perils

OF THE

PILL Did Your Birth Control Pills Cause Your Breast Cancer?

You started using birth control as a teenager and still do as a twenty-something embarking on your post-college life. The birth control pills work, but you were concerned when you learned this troubling information: MASS TORT Using birth control pills may result in an increased risk of developing breast cancer, according to a Danish study released in December of 2017.

of eggs from ovaries). According to the Danish study, contraceptives that use hormones, including birth control pills and intrauterine devices (IUDs), slightly increase the risk of breast cancer.

“Until the study was released, it was believed that more modern pills using lower levels of hormones compared to earlier pills would be safer,” said Andrew Finkelstein, an attorney with Advocates United. “Given the study’s results, it appears that the pharmaceutical industry may have lulled women into a false sense of security.

These companies have played Russian roulette with the health of millions of women.”

It’s estimated that for every 100,000 women, hormone containing contraceptives cause an additional 13 breast cancer cases per year. Birth control users have a 20 percent increase in the relative risk of breast cancer compared to nonusers. That increases to 21 percent for users of IUD’s containing hormones. The risk increases with age and varies by formulation. According to the Danish study, if you’re a 20-year-old woman, the probability you will develop breast cancer by the time you’re thirty is about one in 1,732. The probability increases to one in 57 by the time you’re 40 and if you used birth control pills.

According to breastcancer.org, approximately 140 million women worldwide use hormonal contraception. Besides effectively stopping unwanted pregnancies, birth control pills also help control other conditions, such as acne, PMS, heavy periods, and mood swings. Birth control pills work by using artificial hormones to stop ovulation (the release

Not only did the use of birth control pills increase breast cancer risk, but it increased the longer women used them, suggesting birth control pill use can cause breast cancer. With nearly 10 million American women using contraceptives, these study results are seen as a significant public health concern.

“Drug companies are responsible for the products they produce and they may be obligated to compensate women for the harm they’ve done.”

Andrew Finkelstein ATTORNEY

“Women using birth control pills or IUD’s containing hormones diagnosed with breast cancer have a right to hold these pharmaceutical companies accountable,” Finkelstein said. Drug companies are responsible for the products they produce and they may be obligated to compensate women for the harm they’ve done.”

Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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#MeToo

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ELDER CARE AND ESTATE PLANNING

AND THE MILITARY

In recent years, the Department of Defense (DOD), U.S. Department of Veterans Affairs (VA), and Court of Appeals for Veterans’ Claims (CAVC) have recognized that sexual trauma is prevalent in the military, and often goes unreported. In a 2016 report, the DOD painted a grim picture of sexual harassment and assault of service members, estimating that,

VETERANS ADMINISTRATION

• 128,000 service members experienced severe and persistent sexual harassment or discrimination. One in four female service members and one in fifteen men were impacted.

• There were 41,000 assaults of 14,900 service members (8,600 women and 6,300 men).

• Most victims were assaulted multiple times.

• More than a quarter of women and about a third of men who were assaulted were victimized by someone in their chain of command.

• In 2015, there were 1,307,781 outpatient visits at VA hospitals for MST related issues.

“For a number of our veteran clients, the #MeToo movement and Harvey Weinstein allegations have triggered haunting and horrific memories of their own in service abuse. Media coverage of these events, while important to shed light on widespread inappropriate and illegal behavior, has been inescapable for many victims of assault. In some ways, it has made it harder for them to move on from their own demons,” said Christine Clemens, an attorney with Advocates United. “The DOD numbers cannot account for unknown, unreported cases, and thus, do not reflect the full scope of the problem. We hope that the #MeToo movement will provide the impetus and encouragement for more service members and veterans to step forward.”

disability, such as post traumatic stress disorder (PTSD) or Anxiety, resulting from the in service trauma,” explains Clemens.

Recognizing under-reporting of MST, the VA has reduced the burden for victims of assault by accepting a wider range of evidence to prove claims for disability compensation based on MST. Evidence that can be used in addition to service records, includes records from DOD, police departments, rape crisis centers, and medical and psychological treatment. Statements from family members, other service members, clergy, and counselors can also be used. MST related claims that were denied in the past can be reconsid-

Concerns about the cost of

Long-term care

“We hope that the #MeToo movement will provide the impetus and encouragement for more service members and veterans to step forward.”

There is no question that long-term care in the United States, including nursing home care, home- and community-based care, and assisted living, is expensive. The national average in 2016 (the latest period for which data is readily available) was a staggering $7,698 per month for a private room in a nursing home. In some major metropolitan areas, costs are significantly higher. What’s more, the average length of stay in a nursing home is 835 days - more than two years. It’s easy to see how quickly a lifetime of savings could be wiped out paying for care.

Christine Clemens ATTORNEY

ered in light of new evidence.

Those who suffered military sexual trauma (MST) are often coping with the harm years later. Being victimized sexually can affect physical and mental health. If you were the victim of sexual assault or harassment during your military service, you may be eligible for disability compensation for conditions resulting from MST.

“Although the VA recognizes a broader category of evidence, which has made it easier for victims of assault to have their disabilities recognized and compensated, these cases can be complex. The VA process itself is cumbersome and, at times, feels antagonistic. For someone dealing with PTSD resulting from in service abuse, the process itself can be a trigger,” Clemens observed. “There are experienced attorneys who can help those who suffered while serving their country obtain the benefits they deserve.”

“MST itself is not considered a disability by the VA. VA considers it to be an event in service, which is one element required for disability compensation.

To prevail in a claim, there must also be a recognized

Christine Clemens, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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People concerned about how to pay for their care may have several options. First, some people intentionally choose to “self-insure”, deciding that they will pay for their own care if needed. Others choose to apply for long-term care insurance coverage. If approved, long-term care insurance is designed to help shoulder the burden of paying for skilled care. As with other types of insurance policies, applicants must be insurable and must be able to afford the ongoing premium payments to keep the policy in force.

Relying on standard health insurance policies or Medicare to pay for care, however, should

“Medicaid is the government program designed to pay for long-term care expenses.

However, applicants need to meet both income- and asset tests in order to qualify.”

Joseph P. Rones ATTORNEY

not be anyone’s plan. “Medicare does not cover long-term care expenses; neither does private health insurance,” explained elder law attorney Joseph P. Rones, of Advocates United. “Medicaid is the government program designed to pay for long-term care expenses. However,

applicants need to meet both income- and asset tests in order to qualify.”

Because Medicaid is intended as a safety net, covered individuals are only allowed to have a small amount of assets and monthly income.

However, giving away assets in order to qualify for Medicaid could end up backfiring.

“When calculating whether an applicant meets the income- and asset thresholds, states impose a ‘look-back period’. If an applicant gave assets away, or sold assets for less than their fair value, within 60 months before applying for care, the government may assess a penalty period during which the senior is not eligible for Medicaid benefits to pay for their care. Because of this, it is critical to be deliberate and thoughtful about lifetime gifting,” said Rones.

Paying for long-term care insurance is a concern for many Americans. An elder law attorney can help seniors and their loved ones evaluate potential options.

Joseph P. Rones, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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PERSONAL INJURY

Aiming THE

Blame

Employer may be liable if you are injured by someone on the job in a vehicle accident Employer Safety Tips: The Centers for Disease Control and Prevention offers some learning points to employers to help reduce vehicle accidents by employees.

■ Limit driving a motor vehicle for work to workers 18 years of age and older.

Employers are legally responsible for the safety of vehicles operated on their behalf.

■

■ Require all drivers and passengers to use seat belts.

■

Provide driver training.

■

Implement adverse weather policies.

Schedule work so that drivers can safely make time-sensitive deliveries.

■

Ensure that vehicles are in proper operating condition.

■

You approach a busy intersection, one you’ve traveled through hundreds of times before, carefully passing through it.

Then this happens: Wham!

You are struck violently by a truck belonging to a local business. You never saw it coming. You are forced out of work and, as you recover from your injuries, wonder if the businesses could be liable for your injuries because of the driver’s mistake?

This was the situation a jury in a Florida courtroom considered in October. Ultimately, they found the truck driver (Lazaro Sanchez) and his employer (Casablanca Seafood Bar & Grill and the Casablanca Fish Market in Miami River) liable for the accident and the serious injuries it caused another driver, Julia Padron, awarding her $2 million.

an accident and injuries to another, their employer may also be held responsible.”

“There are all kinds of employees on the road...If one of these drivers causes an accident and injuries to another, their employer may also be held responsible.”

In the Florida case the driver was traveling to an electronics store to purchase a TV for the restaurant when, according to the employer, he was asked by a family member to pick up her kids from school. He was on his way to the school, according to the defendants, when the accident happened.

If that was true, the trip might have been deemed as personal and not related to the driver’s job or the businesses, which would probably not be held responsible for the accident. The jury didn’t accept the defendants’ claims because on the day of the accident in 2013 school wasn’t in session.

They found the accident happened while the driver was on the job.

“These types of accidents are often caused because the employee is in a rush to reach a certain destination and speeds or is distracted,” Finkelstein said.

Laws vary from state to state but generally if you are injured in an accident that’s at least partially caused by a negligent employee acting within the scope of his or her job, in the course of his or her employment, the worker and employer may be held liable for the harm caused by the accident. Under the law this is known as “respondeat superior.”

Andrew Finkelstein

“There are all kinds of employees on the road, doing their jobs, during all times of the day and night, on major interstates, city streets and small-town back roads,” said Andrew Finkelstein, an attorney with Advocates United who represents vehicle accident victims. “They can be driving everything from semi-trucks to sedans. If one of these drivers causes

A defense in this situation is the employee was acting on his or her own, on a personal trip, perhaps doing something he or she was instructed not to do. If this can be shown the employer may avoid liability.

ATTORNEY

The main benefit of finding an employer liable in an accident, Finkelstein said, is the employer should have much more insurance coverage than the individual driver. If the accident victim suffers serious injuries, causing the loss of a job and requiring ongoing, potentially very expensive medical care, having multiple defendants and more insurance coverage makes it easier to pay for the harm done to a plaintiff.

Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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The Legal Advocate – March 2018 | 15

A lot of construction workers assume they are working with safe materials on their job sites; unfortunately, that’s not always the case.

While some asbestos containing insulation is easy to spot, there are other ways dangerous asbestos fibers can infiltrate a construction site and cause severe long-term damage and death to workers.

One of the most common ways was the use of joint compound to finish the seams between sections of drywall. From the late 1930s until 1977, all joint compound contained asbestos, forcing the U.S. Consumer Product Safety Commission (CPSC) to prohibit the sale of asbestos containing joint compound in 1977.

Although asbestos containing joint compound is no longer used on job sites, many older homes and buildings were built with these materials. When construction crews remodel older homes and buildings, they frequently cut into the existing drywall, releasing asbestos fibers into the air and putting themselves at extreme risk for developing Mesothelioma.

COMPOUND PROBLEMS The hidden asbestos danger every construction worker must know

“OSHA has clear guidelines regarding asbestos containing fibers. Any company ignoring these standards are putting their workers at risk and should be held accountable.”

“The Occupational Safety and Administration (OSHA) has MESOTHELIOMA Health clear guidelines regarding asbestos containing fibers,” said Joe Belluck of Advocates United, a national law firm representing victims of Mesothelioma. “Any company ignoring these standards is putting their workers at risk and should be held accountable.”

Because it can take decades for Mesothelioma symptoms to appear, many construction workers may not know how to navigate the legal process and secure a financial settlement. “Companies who knowingly produced asbestos containing joint compound should compensate mesothelioma and lung cancer victims,” Belluck added.

Mesothelioma victims and their families should have piece of mind that their medical treatment will be paid for and that their families will be protected.

Any construction worker who has had contact with asbestos containing joint compound, or suspects that his or her job site is not complying with OSHA standards in removing asbestos, should seek medical attention as soon as possible. Even workers on job sites with strict safety measures should seek medical screening if they are removing drywall where asbestos containing joint compound was used. A Mesothelioma attorney can also help provide them with relevant information and ensure their future safety on the job site.

Joe Belluck, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Joe Belluck ATTORNEY

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Consumer legal funding could be your lifeline It’s possible to get cash before your settlementwith no risk of the outcome Being a provider for your family isn’t easy but, at least before the accident, you were able to pay your bills on time so your family could finally have some financial security. After your injuries caused a loss of income, the bills, unfortunately, kept coming. And now with the holiday season upon us, you are left wondering how you will make ends meet.

LEGAL SERVICES

You’ve been assured that the proceeds expected from your lawsuit will more than cover your medical and living expenses, but lawsuits can take a long time to be resolved. What are you supposed to do right now? It may be years before you get your day in court, and until you get the compensation you deserve, you need a way to pay your bills now. Pre-settlement funding, or consumer legal funding, may be a way to get you the cash you need now.

for a claim to settle, a family may be forced to miss credit card payments or payments on other necessities which could have an immediate and long-term impact on a family’s finances. Consumer legal funding helps families avoid these financial traumas caused by accidents.

Would you like more information?

Visit us at TheLegalAdvocate.com

Phil Greenberg, who was interviewed for this article, is General Counsel at Oasis Financial. If you would like to contact Oasis Financial to discuss your specific situation you can do so at 800694-6084.

A consumer legal funding company provides non-recourse money in exchange for a portion of the anticipated future settlement proceeds. If the case is settled, the consumer legal funding company receives the previously agreed upon amount they purchased. It is not a loan. There are no periodic payments or fees. Best of all, there is no risk to the consumer. If you lose your case, there is nothing owed to the consumer legal funding company.

According to Phil Greenberg, General Counsel at Oasis Financial, “Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.”

Many families are unprepared to face a life-altering emergency. More than half of U.S. households are surviving paycheck-to-paycheck, which means that a car accident, job loss, illness, or injury could put a family at serious financial risk. If an injury prevents a plaintiff from working, it may be difficult to stay up-to-date on bills. While waiting The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

“Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.”

Phil Greenberg GENERAL COUNSEL, OASIS FINANCIAL

16 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 17

Nursing home abuse common but rarely reported to police

“There are countless people working in nursing homes who simply shouldn’t be around vulnerable people.”

You may have a loved one living in a nursing home.

You may have thought you made the right decision and chose the best place you could for your family member. Despite how competent and trustworthy the staff seemed, your trust was misplaced and your loved one suffered abuse. You’re not alone because nursing home abuse is common.

There are many kinds of abuse that your family member could suffer in a nursing home. It can be physical or sexual asNURSING HOME sault; verbal, emotional or financial abuse or neglect. The more physically and mentally incapacitated the resident the greater the risk of abuse.

Residents who are rarely seen by friends or family, or seen by them on regular, predictable schedules, are also at a higher risk.

“Abuse happens every day,” said Michael Feldman, an attorney with Advocates United. “There are countless people working in nursing homes who simply shouldn’t be around vulnerable people.”

There have been many studies about nursing home

abuse using different methods, but the results are consistent. Abuse is common and many perpetrators get away with it. According to the National Center on Elder Abuse, • 10% of nursing home residents suffer some kind of abuse. There are an estimated 1.4 million Americans living in nursing homes, which is about the population of California’s second largest city, San Diego. If the estimate is accurate this means about 140,000 people are abused in the nation’s nursing homes every year.

• The most common forms of abuse are verbal abuse, financial exploitation and physical mistreatment.

• The New York State Elder Abuse Prevalence Study found that for every case of elderly abuse known to programs and agencies, 24 were unreported.

• Of 134 nursing home abuse cases reviewed by the federal Health and Human Services’ inspector general’s office last year there was no evidence in 38 of them that law enforcement or state agencies were

Michael Feldman ATTORNEY

contacted. Nursing homes are required under state laws to report such incidents.

“Nursing homes where abuse is common have management who are indifferent to their residents’ physical and mental health,” Feldman said. “They stretch every dollar, are short staffed, hire unqualified people, fail to do background checks, don’t supervise employees adequately and look the other way if abuse happens. Those in nursing homes are some of the most vulnerable people in society and they should be protected.”

Michael Feldman, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

SOCIAL SECURITY/ DISABILITY

Questionable

QUESTIONS? Why are they asking that on my disability application?

It’s no secret that applying for Social Security Disability benefits takes time. In addition, there is no guarantee that an applicant will be awarded benefits. However, the program can provide a valuable safety net for people with disabilities who are unable to earn an income.

For those who are not familiar with the process of applying for benefits, it starts with an initial application which can take several hours to complete - even when the person completing it has all of the necessary information at their fingertips. Applicants must provide information about their job history, education and training, and about the medical condition(s) affecting their ability to work. The Social Security Administration then requests and reviews medical records, after receiving authorization to do so from the applicant.

While the medical information section of the application is fairly straightforward, many people are surprised at the types of personal questions they are asked to answer in the application and through follow-up questionnaires. Applicants may be asked how frequently they socialize with friends or family members, or what hobbies they enjoy.

“Clients are often taken aback when they see questions that don’t seem to relate directly to their disability or condition,” said Pam Thomas, an attorney with Advocates United. “For example, people with physical conditions that

“Clients are often taken aback when they see questions that don’t seem to relate directly to their disability or condition.”

Pam Thomas ATTORNEY

limit their mobility will likely need to provide information about how, and to what extent, their conditions limit their ability to handle everyday household tasks like laundry, cleaning and other chores.”

At first glance, questions about socializing,

hobbies and housework may not seem relevant in determining whether someone is capable of working or not. However, it is important to give these questions the same weight and importance placed on the medical history section of the application. According to Thomas, people applying for disability benefits may inadvertently overstate their ability to perform those types of chores.

“It’s natural to want to downplay the extent of a disability. We all want to position ourselves in the best possible light,” Thomas said. “However, making yourself sound more capable than you actually are could end up having the unintended consequence of reducing the likelihood that your application will be approved.”

Social Security Disability benefits can be a welcome relief for people with disabilities.

Taking the time to evaluate each question before answering deliberately and thoughtfully may improve an applicant’s chances of success.

Pam Thomas, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Would you like more information? Visit us at TheLegalAdvocate.com

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The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

MEDICAL MALPRACTICE

Careless CARE

Medical Malpractice is the third leading cause of death in the U.S. “Many healthcare facilities don’t want to talk about medical malpractice, but it’s a sad reality.”

You rush your father to the emergency room with chest pains and doctors announce that he is having a heart attack.

• Only one out of every eight incidents of medical malpractice are pursued with a legal claim or other follow-up.

The on-call cardiologist is paged, but doesn’t respond to the hospital in a timely manner. The ER doctor gives your ailing father a drug without consulting with the cardiologist. As a result, your father dies in the ER.

• Approximately 700,000 patients suffer from some sort of malpractice every year in the U.S.

The cause of death is labeled a heart attack, but you and shell-shocked family feel there may have been a deadly mistake made.

“The amount of deaths in this country attributed to medical malpractice is extremely concerning,” said Kenneth Fromson, an attorney with Advocates United. “These fatalities are caused by anything from incompetent doctors and nurses, to communication breakdowns between hospital staff about treatment and a patient’s well-being. Medical providers are supposed to provide care in a safe and efficient manner, but sometimes they make mistakes that have deadly consequences.”

According to the Journal of American Medical Association (JAMA), medical malpractice is the third leading cause of death in the United States. Only cancer and heart disease kill more people. JAMA statistics show that medical malpractice claims result in a payout of every 43 minutes.

Studies by Harvard Medical and JAMA concluded that: • An average of 75,000 to 100,000 malpractice claims are filed each year.

If you feel that you are a victim of medical malpractice, you should consult with an attorney. The statute of limitations does apply for these types of cases, meaning that you would have to file a lawsuit within a certain time. An attorney can review your potential case and closely examine pertinent information such as your medical records.

Fromson recommends that patients ask their caregivers a list of written questions they have before and after treatment. If something doesn’t feel or seem right, don’t be afraid to speak up. Or get a second opinion. Don’t be intimidated by what is a large medical system.

“Many healthcare facilities don’t want to talk about medical malpractice, but it’s a sad reality,” Fromson said. “Virtually all major healthcare providers implement various committees and protocols to ensure their patients’ safety, but they rarely publish the details on cases where mistakes harmed them.

We need more transparency in the healthcare field to make sure the people we love are cared for properly.”

Medical Malpractice Facts: ■ 80,000 to 100,000 deaths occur in the US annually as a result of an error in diagnosis.

■ One out of every three hospital patients will be the victim of an error during their stay.

■ The majority of malpractice cases are caused by the misdiagnosis of an illness.

■ Stress for medical doctors because of medical malpractice potential has led to early burn-outs of careers as well as depression.

■ Approximately 15,000 to 19,000 medical malpractice suits are filed in the United States each year.

Kenneth Fromson, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Kenneth Fromson ATTORNEY

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The Legal Advocate – March 2018 | 21

BUSINESS

Setting a new

‘Standard’

DWI/DUI

Behind Bars Driving under the influence isn’t an infraction.

It’s a crime that may result in prison time.

Everyone makes mistakes. You made the mistake of drinking too much and driving. Now you’re dealing with the consequences of an arrest for driving under the influence (DUI) and not sure where all this is going to lead.

“DUI arrests are very common. People in this situation come from all walks of life, all levels of society and may find themselves in trouble because of an addiction they can’t control,” said Vince Imhoff, an attorney and managing director with Imhoff & Associates.

DUI or driving while intoxicated (DWI) criminal laws differ from state to state. If you plead guilty or are found guilty the penalties can vary widely due to your state’s laws and the circumstances of your arrest. Penalties can include, • Fines • Driver’s license suspensions • Jail time • Mandatory substance abuse treatment • Mandatory safe driving classes Penalties can become more severe if you’ve had prior DUI convictions, another infraction or another crime occurred (such as a hit and run), someone was injured or killed in an accident or a child was in your vehicle at the time of your arrest. Any of these factors, or a combination of them, may result in a long license suspension, heavy fines or lengthy jail time.

Don’t rely on boilerplate contract language When creating a contract or agreement for a business relationship, it can be tempting to simply use “boilerplate” provisions - standardized, all-purpose language. After all, boilerplate provisions can be found relatively easily online, or can simply be copied from someone else’s contract.

However, doing so can inadvertently leave all parties at risk, which is the very thing they are trying “Boilerplate forms or provisions may to mitigate by enterdefine key terms differently than the ing into a contract in parties intend, or may completely omit the first place.

key terms and other information that is material to the contractual relationship.”

Joseph P. Rones ATTORNEY

Ultimately, contracts should protect each party’s interests. If a dispute arises later about one side’s performance (or failure to do what they said they would do), the underlying agreement should identify available remedies for the injured party. While it may seem that boilerplate language should cover all situations, the opposite is actually true.

Some provisions, such as venue or forum (what state or jurisdiction will hear disputes) and choice of law (what state’s or jurisdiction’s laws will govern interpretation of the contract’s terms) are relatively easy to identify and modify. However, other provisions might seem straightforward or innocuous on the surface, but may have been interpreted in a different manner by case law. Another risk is that boilerplate provisions taken from the internet or from an old contract may actually conflict with the law in

These consequences could just be the beginning. Because of the time you spend fighting the charges, a license suspension or being incarcerated, you may,

the jurisdiction where they are to be enforced.

There is also a risk that contract terms are not clear to everyone involved. “Boilerplate forms or provisions may define key terms differently than the parties intend, or may completely omit key terms and other information that is material to the contractual relationship,” said business law attorney Joseph P. Rones with Advocates United. The resulting lack of clarity can have unintended consequences when a party seeking to enforced the contract learns it didn’t say what they thought it said.

• Lose your job, your income and ability to support yourself and your family • Find it harder to obtain a job, attend college or join the military because of your criminal record • Have your vehicle insurance canceled or need to pay much higher premiums.

You may have valid defenses to a DUI charge. Police officers may not have had adequate reasons to pull you over. There may have been problems with the testing or equipment used to determine if you’re intoxicated. Without the services of an attorney you may never know how the facts of your case and the applicable laws could help you defend yourself against DUI charges.

Another potential land mine is for sellers to accept or use boilerplate contract terms for remedies. Most boilerplate provisions are designed to favor buyers; there are ways for sellers to strengthen their own rights, but care must be taken to make limitations or exclusions enforceable.

“A seller who seeks to limit their damages by excluding all remedies and damages will likely find that courts aren’t willing to enforce contracts under which buyers have no remedies,” said Rones.

While it may be tempting to use boilerplate contract provisions because they are easy and inexpensive, creating tailored contracts can mean the parties’ interests are better-protected.

Joseph Rones, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888208-8105.

“You may be able to avoid a conviction of a more serious charge by agreeing to plead guilty to fewer or lesser charges.”

Vince Imhoff

“Often DUI charges are resolved through a plea bargain agreement with the prosecution. You may be able to avoid a conviction of a more serious charge by agreeing to plead guilty to fewer or lesser charges,” Imhoff said. “But if you don’t know the strengths and weaknesses of the prosecution’s case getting the best resolution possible is difficult if not impossible.”

Vince Imhoff, who was interviewed for this article, is a criminal defense attorney and managing director with Imhoff & Associates, PC. If you would like to contact Imhoff & Associates for more information, please call 888-445-6219.

ATTORNEY

Would you like more information? Visit us at TheLegalAdvocate.com

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The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

22 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 23

CRIMINAL

REAL ESTATE

Tenant terms:

What’s the right lease for your business?

If you own a business and are planning to move into leased space you may be focusing on location and size of space, but have you thought about the terms of lease? The lease terms could help your business turn a profit or bleed you of money.

The better condition the building the more sense a net lease makes because maintenance and repair costs should be minimal.

If the property is in bad shape and may need repairs in the near future, a gross lease may be the way to go.

“If a property owner

There are different types of leases, gross and net leases. Under a gross lease you pay your rent and the property owner pays for operating costs. A net lease should have a lower rent payment but you would be responsible for some, or all, of the property’s operating costs.

The rent for a gross lease is higher because the building owner includes operating costs in the rent charge. If the building maintenance costs are unexpectedly low there’s a greater profit margin for the building owner. A business owner who negotiates a net lease can take advantage of those lower than expected costs.

keep looking.”

There are three types of net leases in which you pay rent, plus, • Single: Taxes.

• Double: Taxes, utilities, routine maintenance and insurance.

• Triple: Taxes, utilities, routine maintenance, insurance and structural repairs.

Net leases are typically longer, in the ten to fifteen-year range, and include automatic rent increases over the course of the lease.

“A net lease may be a better idea for a tenant who wants more control over the property and is willing to take a risk on paying operating costs,” said Jennifer Safier, an attorney with Advocates United. “A gross lease is better suited for a company that just wants to focus on its business operations and let the property owner deal with the structural issues.”

If you are signing a long-term net lease property taxes will most likely go up during the course of the lease. Increased expenses for taxes, utility charges, etc. uses the business owner’s resources which could otherwise be used to run their business or turn a larger profit. “With the help of an attorney, a business owner should be able to negotiate a lease that meet its needs both present and future.” Safier added. “The parties should each have flexibility to allow them to have lease provisions that benefit both parties. If a property owner is being unreasonable the leaser should keep looking.”

is being unreasonable the leaser should

Protecting your professional license Being Investigated? Contact an Attorney before Charges Are Filed

Jennifer Safier ATTORNEY

Jennifer Safier, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

If you’re offered a choice between a gross or a net lease you need to balance the possible costs and benefits,

Would you like more information? Visit us at TheLegalAdvocate.com The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

If you hold a professional license, that license is likely your livelihood. If so, any threat to your license must be dealt with aggressively and without delay. If you have been notified that you are under investigation by your governing body and/or the authorities, you need to consult with an experienced professional license attorney immediately, according to Vince Imhoff, attorney and managing director with Imhoff & Associates.

Whether you are a doctor, a teacher, a pharmacist, or lawyer, the fact that you hold a professional license makes you vulnerable to claims of wrongdoing. When an accusation turns into an investigation, your license is threatened.

“Do not make the common mistake of waiting to consult with an attorney,” said Imhoff. “The time to protect your license -- and your future – is when the investigation is in its infancy, before it has the chance to gain momentum.”

Like many professionals, your initial reaction to a claim of wrongdoing may be that there is nothing to worry about since you did not, in fact, commit the alleged error, omission, or crime. Or, perhaps, you feel you can deal with it yourself. In a perfect world, this logic would suffice; however, we do not live in a perfect world. For a professional, the mere hint of wrongdoing can taint an otherwise spotless career. The public often passes judgment long before an administrative or legal decision has

been rendered in the matter. Moreover, silence is often interpreted as an admission of guilt, which is why you need someone who can be your voice throughout the investigation. For these reasons it is crucial that you act swiftly when you learn that an investigation is underway.

“Whether the investigation involves accusations of negligence, errors or omissions, or a criminal offense, it is in your best interest to consult with an attorney right away,” Imhoff added. “Not only is it important to develop a defense to the underlying accusations, but it is equally important to address the potential damage to your reputation and your business as soon as possible. You cannot prevent an investigation from getting started; however, you can often prevent one from getting out of hand.”

As the target of an investigation, you have a number of important rights. Chief among those rights is the right to legal representation. You must exercise your right though for it to be of any value to you. Do not wait until the damage is done. Consult with a professional license attorney immediately.

“The time to protect your license — and your future — is when the investigation is in its infancy, before it has the chance to gain momentum.”

Vince Imhoff ATTORNEY

Vince Imhoff, who was interviewed for this article, is a criminal defense attorney and managing director with Imhoff & Associates, PC. If you would like to contact Imhoff & Associates for more information, please call 888-445-6219.

Would you like more information? Visit us at TheLegalAdvocate.com The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

24 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 25

Starbucks sued for serving bloody drink

Trending News

Starbucks is facing a lawsuit filed by a California couple who claims they and their daughter drank human blood out of the drink the San Bernardino barista served them.

Plaintiffs Amanda and Luis Vice purchased drinks from a local Starbucks and brought them home to their two-year-old daughter, who licked the whipped cream of the top of the cup. They stated, “Once we drank it, then we could see on the inside of the rim that there was blood.” According to their suit, Starbucks management knew the barista was bleeding but failed to take necessary steps to keep the employee away from customers’ drinks.

“We felt sick to our stomachs,” the plaintiffs stated.

“We shouldn’t have to worry about going to get something to drink and there being blood in our drink where we could get sick.” Fortunately, there were no signs of transmitted diseases, but final tests are still being conducted.

Intel faces 32 suits over Spectre and Meltdown attack Intel is facing 32 lawsuits, 30 of which are class action lawsuits, claiming customers were harmed by Intel’s flawed modern processors, Spectre and Meltdown.

Desktops, laptops, cloud computers and even smartphones are affected by Meltdown and Spectre, making them a target for hardware vulnerabilities that enable processors to steal processed data from computers. Although Spectre is a nearly-universal issue, the Meltdown attack very specifically targeted Intel and Apple users. There are allegedly effective workarounds, but these can damage the system and affect performance rates.

Plus, they don’t come free.

According to Intel, most of these class action plaintiffs “generally claim to have been harmed by Intel’s actions and/or omissions in connection with the security vulnerabilities.” The other two lawsuits are security suits, which claim that Intel violated the law “by making statements about Intel’s products and internal controls that were revealed to be false or misleading by the disclosure” of Meltdown and Spectre.

At first, Starbucks offered each affected family member $1,000 and free drinks for a week, but that wasn’t enough for the Vice family. They are alleging negligence, fraud, intentional infliction of emotional distress, battery and assault. Starbucks plans to defend against the claims. A spokesperson stated, “We are aware of this claim, that allegedly took place in 2016, and are prepared to present our case in court.”

See more at TheLegalAdvocate.com

A whole new perspective on legal news.

Sign up for Trending News updates.

Pharrell sued by blind man over inaccessible website

Pharrell Williams, a famous American rapper and producer, is facing a lawsuit claiming his websites are inaccessible to the visually impaired.

Defendant Victor Lopez claims that the websites selling the celeb’s Billionaire Boys Club and Ice Cream clothing lines do not use the proper software that enable audibility for the blind.

According to his suit, Lopez has been “denied the full use and enjoyment of goods and services” due to the lacking website. The blind plaintiff has sued over 20 companies for the same reason.

The websites allegedly lack the proper screen-reading software that should be in place in order to avoid lawsuits that allege violations of the Americans with Disabilities Act. These types of lawsuits are becoming increasingly more widespread, and usually target celebrities as defendants. According to the Pharrell William’s lawyer, settling these types of federal suits usually costs the company somewhere between $50,000 and $75,000.

26 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 27

BANKRUPTCY, FORECLOSURES & MODIFICATIONS

One-car pile up

“The new tax law allows families to claim a refundable $2,000 credit per child, which is double over prior years.”

The Number of People Who Can’t Make Car Payments Is on the Rise

You need your car to get to work and run errands.

Public transportation is unreliable, inconvenient or simply unavailable where you live. You needed to stretch your budget to make the payments when you bought the car but now it’s become a serious struggle for you and your family.

If that’s your situation you’re not alone. More than six million Americans were at least 90 days late on their car loan payments in 2017, according to the Federal Reserve Bank of New York.

“As a practical matter a car is a necessity for most people.

Wages are stagnant overall, student debt can strangle a person’s ability to meet other loans and if you couple that with an unexpected medical bill or problems at work, many choose to pay rent or utilities before making a car payment in full,” said Scott Goldstein, a New York City area attorney with Allen Chern, who represents individuals in bankruptcy proceedings.

If you needed to take out a sub-prime car loan you probably pay a higher interest rate and have a device in the vehicle allowing a creditor to turn it off remotely if you’re not current on the payments. These loans normally are offered to those whose credit score is not good (generally below 550) by auto dealers eager to sell cars. Despite

overall positive economic news, the number of those not paying, or defaulting on, auto loans is on the increase.

The country ended 2016, a record year for vehicle sales, with just less than $1.2 trillion in outstanding auto loan debt, an increase of 9% from 2015 and 13% more than the pre-recession peak in 2005. Sub-prime loans make up almost a quarter of outstanding auto loans and about a fifth of all auto loan originations.

The average sub-prime auto loan has about a 10% annual interest rate though some may go above 20%.

Lower used car prices make them easier to buy but it also increases the risk that someone paying off a car loan could have one that’s “upside down” (it’s more than the vehicle is worth).

“Being unable to make a car payment is often a symptom of larger financial problems.

Someone who can’t keep up probably can’t meet other obligations as well.”

“Being unable to make a car payment is often a symptom of larger financial problems. Someone who can’t keep up probably can’t meet other obligations as well.

Consolidating or restructuring debts may ease the burden or if the situation is bad enough, bankruptcy may be the best option,” Goldstein added.

Scott Goldstein, who was interviewed for this article, is an attorney with Allen Chern. If you would like to contact Allen Chern for more information, please call 855-466-3961.

Scott Goldstein ATTORNEY

New Tax Law:

Michael Earner ATTORNEY

How four different areas of your life are affected Taxes are part of the facts of life we deal with. The new tax law signed in by President Trump will have an impact on nearly every taxpayer. Most of us know that life changes including having a TAX baby, getting married or buying a house will mean we need to review our tax filing status. But according to Michael P. Earner, an attorney with an advanced law degree in taxation, the new tax law will likely put more money in the pockets of working class Americans, especially families.

One major benefit is that “the new tax law allows families to claim a refundable $2,000 credit per child, which is double over prior years.” Earner said. Credits differ from deductions, and according to Earner, they are almost “always better” because they are money due to be paid to the taxpayer. For example, if you owe $1,000 in taxes, but qualify for a Child Tax Credit, then you can use your credit to pay the Government your $1,000 in taxes and still get a $1,000 refund. Earner noted there is a limit of $1,400 per child that can be paid

to a taxpayer as a refundable credit.

The standard deduction for married couples will increase from $12,700 to $24,000, and for people claiming Head of Household (single parents mostly fall in this category), the deduction went from 9,350 to $18,000. What that means is that if you are married filing jointly and you choose a standard deduction, the Government will not tax you on the first $24,000 of your income. So let’s say you make $36,000 per year, the Government will only tax you on $12,000 of earnings now.

The tax you would owe on $12,000 would be $1,249 for the year, but if you had two children, you can apply your child tax credit of $4,000, which would cancel out your tax bill entirely and leave you with $2,751 in refundable credits. You would also likely be eligible for the Earned Income Credit as well, which would be approximately $3,069, for a total tax return of about $5,820. Not bad.

However, the law may slightly impact the tax situation some home owners. The biggest impact

the new law will have on most homeowners (who own homes that cost $750,000 or less), is that the new law places a cap on how much property tax can be deducted at $10,000. Historically, there was no limit on how much could be deducted in property taxes. However, Earner stated, “the average property tax in the US is about $3,300, so this will likely only impact people living in high tax areas like New York, New Jersey, Connecticut and Maryland whose taxes exceed $10,000 per year.”

Bottom line is that taxes must be dealt with, regardless of how much, or how little income you make. The new tax law has some significant changes which will benefit nearly every family. If you’re planning on making significant life changes during the upcoming year, including having a baby, or buying a home, make sure you understand the tax implications of these changes.

Michael Earner, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Would you like more information? Visit us at TheLegalAdvocate.com

Would you like more information? Visit us at TheLegalAdvocate.com

The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

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28 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 29

Crossword

WORKERS’ COMP

by Myles Melor

Mass Tort 33 Warning signal, 2 words 34 Order from a judge not to discuss an issue or publicize it

Down

Off on the wrong foot

1 2

When is the right time to get a workers’ compensation attorney?

“Insurance companies... can sometimes cut off claims involving serious injuries before an injured worker even fully understands his or her rights.”

Vincent J. Rossillo ATTORNEY

M

any people today live paycheck to paycheck. If you are suddenly unable to work because of a work injury, you are likely concerned about getting immediate medical treatment and wonder how you will continue to keep up with your regular bills.

Thankfully, workers’ compensation is a state-run system that requires employers to provide medical treatment and lost wage benefits to injured workers.

Benefits are supposed to start within a few weeks in most situations. However, getting benefits can be more difficult than you might think.

Unfortunately, getting from the initial injury to your benefits is sometimes very confusing and stressful.

You likely have to deal with paperwork that you do not understand, and you may be unsure of whom to trust.

Vincent J. Rossillo, an attorney with Advocates United explains: “Insurance companies move in quickly to defend themselves against any potential claims. They can sometimes cut off claims involving serious injuries before an injured worker even fully understands his or her rights.”

Because the insurance company will act fast, you should too! It is critical that you talk to an attorney as soon as you can after a work accident, even if the in-

3 4 6 7 8 14 16 surance company seems to be working well with you.

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While an attorney may not need to be involved indepth immediately, he or she can let you know which forms are okay to sign and which ones need a second look. It is helpful to have an experienced set of eyes overseeing everything happening in your claim to ensure that you have not waived any rights to compensation benefits or medical care.

If there is a dispute, your lawyer will be able to step in and deal with touchy issues on your behalf. He or she can check to be sure that you are receiving the full amount of your benefits promptly. You count on those benefits, so it is important that you have them quickly.

Keeping your lawyer updated on your case serves as a helpful check on the entire situation. Sometimes insurance companies will twist the truth to pay fewer benefits. They may also try to undermine your ability to get medical care. A good lawyer will be able to ensure that the insurance company does not take advantage of you during this confusing time.

Vincent Rossillo, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Would you like more information? Visit us at TheLegalAdvocate.com The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

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Civil action involving a number of plaintiffs against one or several corporate defendants, 2 words One part of a legal case Be in session, as a judge Firms, for short They sometimes have to be paid on personal income derived from a mass tort suit Classified ad abbreviation Produce for the court Agreement by both sides to

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achieve a peaceful settlement Happening Process Pesticide, it’s sometimes part of toxic tort cases Pretended Area of law where manufacturers of products which cause injury or harm are held responsible, goes with liability Consume See 27 across Compass point, for short

Lawsuit against a corporate defendant involving damage or harm to many people, 2 words Comes to a legal agreement to resolve a case Involuntary muscle movement Recourse Poisonous, like some chemical spills Put to, as a question Prevent Opinion Its quality may become a legal issue in the case of poisons in it Child’s plaything, when made with lead became a legal issue Making clear the validity of a claim so it’s accepted in law Taking advantage of Outrage Postponement of a legal action Amend, a motion for example Appealed to the court Drink that can be hot or cold

Stumped? Find our crossword solution on the next page.

Our puzze is also available online at TheLegalAdvocate.com

30 | I The Legal Advocate – March 2018

The Legal Advocate – March 2018 | 31

This month in legal history March 1, 1974

Think before you speak in Mississippi

March 2, 1917

March 5, 1868 After the House of Representatives voted to impeach President Andrew Johnson. The senate, acting in the capacity of a court of law, failed to impeach Johnson by one vote. The vote was held

Legal Ease

by Alyssa Stalzer

Single men:

Former chief of Staff H.R. Haldeman, former top aide John Ehrlichman and former attorney general John Mitchell were indicted for conspiring to obstruct the investigation of the Watergate break-in which occurred under President Richard M. Nixon.

The Jones-Shafroth Act was signed into law by President Woodrow Wilson, officially making Puerto Rico a territory of the U.S. and its residents U.S. citizens.

Oddball Law

after “Radical Republicans” vehemently opposed Johnson’s plans for reconstruction in the south.

March 14, 1964 Found guilty for the murder of Lee Harvey Oswald, Jack Ruby is held in custody as a suspect in the assassination of President John F. Kennedy.

March 19, 1918 The boundaries for U.S. time zones are established by congress. On this day, Daylight Savings Time was officially approved.

Picture this: you and your born-and-raised Mississippian lady are at home, candles lit, Marvin Gaye playing in the background, and talking about your future together. You’ve never been happier than you are in this very moment. Be careful, though, because your next move may have a huge impact on your five year plan. You mention the joy it gives you to think about you and your lovely lady spending the rest of your days together.

Stop it right there, man. You just legally proposed.

by Marty Bucella

See More Online

TheLegalAdvocate.com Crossword Solution:

It’s all because in Mississippi, a man is prohibited from seducing a woman by lying and claiming he will marry her. Don’t even think about breaking off the engagement or leaving her at the altar, unless you want to face prison time. As the law states, you will, “upon conviction, be imprisoned in the penitentiary not more than five years.” Not a lot of men would consider their steamy nights to be worth five years in jail, no matter how good her cooking was.

Deliver a surprise pizza, receive a surprise $500 fine!

You’re stuck at work on your boyfriend’s birthday and wondering how to make it up to him. What does Jerry love more than anything else in the world? Food! You order him a large pepperoni pizza pie with extra cheese, and instruct the voice on the other end of the line to deliver it to his front door. That will make the birthday boy smile. Except, you didn’t tell Jerry and he denied it! Your $12 pie just turned into a $500 fine, and now neither of you are smiling.

In Louisiana, “It is unlawful for any person to intentionally place an order for any goods or services to be supplied or delivered to another person” without his or her knowledge. Since your boyfriend didn’t authorize the order, he had every right to deny it. And since he denied it, Louisiana law enforcement has every right to prosecute you. Say cheese, girlfriend, because now you’re left with a hefty fine and possible jail time.

32 I The Legal Advocate – March 2018 The| Legal Advocate

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