The Five Dirty Facts You Need to know about Your Lawyer

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The New Year started with a bang, our case loads have tripled and, our staff is overwhelmed with work. Now, we are nearing the end of the first quarter gearing up for the June-Storm, when our firm goes to even higher gear and makes it all look like a synchronized swimming team bouncing three elephants, four lions and the seven dwarfs, simultaneously. Not a pretty picture if you ask me.

Years of experience have accumulated a few things we like to call the Dirty Facts about the world of Lawyerism. I think it is time we share a few lines from this long, wisdom-drenched book.

Fact Number One – As much as you would like us to, we do not memorize your case details. In fact, we try to forget about it so we can focus on the next case-folder stacked on our desk. It takes a great deal of effort to clear your mind from one complex subject and then make your way into another. Sometimes we need to take distracting breaks to help with the process. So next time you call your lawyer, try to include the previously known facts to your new question, request or other, because we do need a reminder.

Fact Number Two – Not all lawyers are rich, most lawyers barely make it to the end of the month, and some even come up short before the 1^st of the month. Just like most working people, attorneys too have challenges when it comes to revenue. Practicing law in Los Angeles can be very costly. Rent, health insurance, transportation and advertisement are among the highest in the nation, even the state. Yes, I drive a Prius and I love it.

Fact Number Three – We do not tell anyone the great stories about your case. It was, is and always will be confidential. Sadly this makes us very boring at cocktail parties.

Fact number Four – All lawyers are loud, expressive and ferocious? Perhaps in court and, when it is needed. Not all of us have the same style or character. We live in Hollywood but don’t live in a movie. The judge will hear your argument perfectly fine if you are a loud or soft speaker.

Fact Number Five – It is true, the best Personal Injury Lawyers will do everything they can to keep you out of court. Should you ever have a lawyer who is pressuring you to ultimately reach court, make sure you consult with two or more attorneys, because you might have a “bad-apple” on your hands. In most cases, reaching an agreement before going to court is the best for all parties involved, except for the lawyer, who is being deceitful and hungry to make an extra buck on your expense. Going to court will prolong the process and the outcome is unpredictable and to top it all, very expensive!

Save yourself the trouble and headache, research your case with the help of three or more lawyers who specialize in the type of your case. Personal injury, accident, criminal, DUI, divorce are all good at what they do. Use Yelp as a research tool for top Five-Star review rating and read the comments. Prepare yourself well and don’t be afraid of us, we bite like sharks, but only when in court.

Lawyers vs Car Mechanics vs Surgical Doctors

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LA Jewish Lawyer

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While doctors are often “put-down” as “glorified car mechanics”, lawyers on the other hand are sometimes insulted as being “money seeking vultures”. Sounds bad in both cases however, there is some truth behind it. Car mechanics have the luxury of making a mistake while fixing your car but when a doctor performs an operation, there is NO room for mistakes. However, doctors will often admit that mistakes are made every day.

Lawyers make mistakes also. Most attorney mistakes can easily be corrected, if your attorney has enough honesty and candor to admit it, and correct it.

Actually, “candor” is extremely important. Not long ago, Assistant FBI Director (lawyer) Andrew McCabe was fired, for a number of transgressions, one of which was “Lack of Candor”- lying to the FBI about what he did. But let’s try to stay away from politics, not my favorite subject.

We all make mistakes, and the reality is that our society reacts to error, even if unintentional, in a very negative way. The rule of thumb is, if you make a mistake you are a bad person. It can take years to build trust and good relationship and then one day lose it all because of some stupid mistake.

Integrity will follow us, catch-up and then make us aware of the bad choices we’ve made. In today’s world, where communication is instantaneous, and no more secrets can be kept hidden, the stakes are higher than ever. We can see how important it is to be candor and honest because keeping secrets is becoming an impossible “bad- habit”.

Mechanics get a car in their shop and it’s their choice how to do their job, with candor and honesty, or not. Should there be a mistake made, the customer can come back and have the opportunity to fix the problem. Should the mechanic decide to deny and “brush-off” the client? It will reflect very badly on the professional however, if integrity is present, the mechanic will repair the issue, admit and possibly offer a discount. Can you imagine the great review he or she will get on Yelp? Five-stars, I bet.

The same goes for car accident lawyers. Both strategic and document errors are common, in most cases; the problems are correctable or reversible. Many errors are identified and corrected without the need to inform the client. However, in some unfortunate cases, things can and do go wrong a little too late to fix before it becomes evident. The attorney has the choice, to take responsibility and do all it takes to resolve the problem, if in fact it is possible, or, to make a run-for-it. It is always the best choice to stand up with integrity and do the out most to “put out the fire”. Very seldom a lawyer will offer credit in the form of money back or no fee for the rest of the case duration but it is something I have seen lawyers do.

The song by the Thompson Twins – “Doctor Doctor” goes “Oh, Doctor, doctor, can’t you see I’m burning, burning” in the chorus in reference to burning love but, what if a patient expresses the same because of a physical pain after surgery when there should be no pain felt? Patient goes through a series tests and visits from doctors, specialists and nurses. Time is of the essence, the problem must be found soon before something very wrong might happen. This is a life and death situation, it is not a car or a legal case in court. Tensions run high for two hours and then, the problem is identified, the patient was given the wrong type of antibiotics.

This example is fairly simple to overcome, correct and move forward with the healing process. Doctors will come and apologize for the error. But what if it was a more severe mistake what caused a loss of life?

Integrity is a must in all aspects of life. We are a society that thrives on good-will and compassion towards one another. We will only gain rewarding experiences through our will to be good to one another. Candor, honesty and transparency are all key elements for a healthy, happy lifestyle.

ALERT! THIS IS YOUR SLIP & FALL ADVISORY FOR THE YEAR

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LA Jewish Lawyer

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Experienced Los Angeles Personal Injury Lawyers (“P.I. Attorney”) learn a lot over the course of their legal career. The most interesting first thing that comes to mind is the surprising fact that when clients recall slipping, falling and seriously injuring themselves, most of them recall that their very first thought was: “I hope that nobody saw me slip and fall … this is so embarrassing, so humiliating!”

As an experienced P.I. attorney, I wish their first thought was the exact opposite: “I hope people witnessed this … I’m going to get their names, phone numbers, and a brief statement right away, before they can leave the scene of my accident!”

With this ironic “dichotomy” in mind, here is a brief “Slip & Fall Advisory” regarding the key steps necessary to a Successful “Slip & Fall” Outcome:

DO NOT GET UP FROM THE GROUND. STAY RIGHT THERE. If someone offers to help you get up, just say, no, please, I’m not ready to move. Give me some time.” If you are unfortunate enough to have a serious spinal injury, getting up too soon could result in permanent paralysis. Your safest possible scenario would be for you to stay right where you are, and allow the Emergency Medical Technician (“EMT”) team assist you in getting up.

TELL EVERYONE NEARBY, “CALL 9-1-1” …. and then, YOU call 9-1-1 … the more calls the better, the more certain that an ambulance arrives quickly. If the 9-1-1 Operator asks how badly you are hurt, be honest, and if you’ve followed the above advice, you’ll say, I’m still on the ground, and I can’t get up.” Never say, “I think I’m OK.”

ASK EVERYONE NEARBY, DID YOU SEE ME FALL? Unless they deny it entirely, request that they write down their names, phone numbers, and in one sentence, a description of what they saw. Even if they deny seeing you fall, nevertheless, request their names and phone numbers.

THEN, ASK EVERYONE NEARBY, DID YOU SEE THE WET FLOOR? DID YOU SEE THE HAZARD? … and then get their names, phone numbers, and in one sentence, a description of the hazard that they saw.

DO NOT GET UP OFF THE FLOOR OR SIDEWALK, UNTIL THE AMBULANCE ARRIVES, AND TRAINED PARAMEDICS LIFT YOU UP! As discussed above, if you have a spinal injury, getting up too soon could have tragic consequences. Even if not, trying to get up, using your own muscle-power, which in this case probably means that you are using a different set of muscles than you usually do, could cause you a great deal of pain, which could last for days or even weeks.

INSIST ON BEING TRANSPORTED TO THE NEAREST EMERGENCY ROOM (“ER”). Under NO circumstances, if they offer to transport you, should you EVER decline the offer of Ambulance Transportation.

CALL SOMEONE, IF POSSIBLE, BEFORE YOU LOSE CONSCIOUSNESS, OR ARE TOO MEDICATED TO CALL. If you have a Husband, Wife, or Significant Other, call them. If you have children, or parents, of an appropriate age, call them. If you have friends, call one of them. If you can, call your attorney … you can at least leave a message, saying what happened, and where the Ambulance is taking you.

Next, if you are lifted up by trained Paramedics, and placed on the Ambulance, tell whatever friend or acquaintance you were with, to stay behind and fill out a REPORT … if the location is a Store, Restaurant or other private business, or government agency, where a REPORT is possible. The REPORT need not be complete, exhaustive, 100% perfect, etc. … its main purpose is simply to confirm that something happened there.

If your friend requests a form on which to make the report, and none is provided, then your friend needs to write down themselves, on a plain piece of paper, what happened, and get an employee of the Store, Restaurant or other private business, or government agency, to simply sign or scribble their name, acknowledging that something happened there.

Of course, the procedures vary a bit from place to place, state to state, and depending on whether we are dealing with a private business establishment, or a City or County government.

Slip & Fall Claims Against City of Los Angeles. The City of Los Angeles is a dangerous place, in so many ways, even just walking down the street, since many of our sidewalks are poorly-maintained, with a myriad of hazards, which are almost never marked with warnings. Of course, we all love and appreciate trees, the oxygen that they generate, and the shade that they provide, but we – nevertheless – must admit that day-by-day, tree roots “buckle” sidewalks in more and more places, causing thousands of pedestrians to Slip and Fall each year. Every year, thousands of individuals file claims against the City of Los Angeles. But don’t forget there is a SIX (6) MONTH deadline for Personal Injury claims with the City of Los Angeles:

“Claim for Damages: Pursuant to Los Angeles Charter Section 350,

all claims for money or damages against the City must be filed within

six months for personal injury and within one year for property damages

after the occurrence from which the damages arose. Claims for Damages may be

submitted using this online form and are processed by Office of the City

Attorney. If you have any questions regarding already-filed Claims for

Damages or experience difficulties completing the online form, please phone

the Office of the City Attorney at (213) 978-7050.”

Understanding Coordination of Minnesota Workers’ Compensation Benefits and Social Security Disability Benefits

By

Jerry Sisk

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Minnesota Workers Compensation and SSDI

There may be a time when you are receiving Minnesota workers’ compensation benefits that you may also be awarded social security disability benefits. It is important to understand how receiving both benefits can affect one another. Both of these benefits systems are different and have their own benefit structure. Social Security Disability Insurance (SSDI) is a federally run program while workers’ compensation is state run. The requirements for qualifying for benefits for each system are different.

The Social Security Act provides for several different types of benefits. These include retirement benefits, disability insurance benefits, and survivor’s benefits. In Minnesota, when an injured employee receives both SSDI and workers’ compensation benefits, the Social Security Act requires an offset against the social security disability benefit for workers’ compensation received. It is important to speak with a Minnesota workers compensation attorney and SSDI attorney that understands how both benefits work so you receive the correct benefits.

How is an Offset Determined?

Depending on the type of benefits you are receiving from Minnesota workers’ compensation will dictate whether your workers’ compensation benefits or SSDI benefits will be reduced. There are three different scenarios where an offset may occur

SSDI is reduced by full payment of workers’ compensation benefits

Federal Law requires that individuals who receive both workers’ compensation and Social Security disability benefits that they cannot receive a total amount of benefits greater than 80% of the worker’s pre-injury income. The Social Security Administration uses a formula to determine the maximum total benefits, from both programs, that a claimant can receive from Social Security disability benefits to stay below that figure.

In Minnesota if you are receiving Temporary Total Disability Benefits “TTD Benefits” and SSDI, and the total amounts are greater than 80% of your pre-injury income, SSA will deduct enough to get it under 80%. If you run out of TTD or TTD stops, SSA will adjust your SSDI benefits to the full amount once you let them know.

Your SSDI will not be reduced by any private disability programs such as pensions or long-term disability.

You should keep in mind this does not apply if an injured worker is receiving social security retirement as it only applies to SSDI.

Workers’ compensation is reduced by full payment of SSDI benefits

Minnesota is a “reverse offset” state. What this means is that workers’ compensation benefits that are paid as Permanent Total Disability “PTD” may be paid without an offset for SSDI. However, before it can be applied $25,000.00 of weekly compensation benefits must be paid. Only after $25,000 will SSDI pay the full amount.

In the event you have received temporary total disability benefits before receiving PTD benefits you may be able to have your TTD reclassified as PTD. By doing so, you can recover additional benefits for SSDI if they had previously offset for receipt of TTD.

Only in limited situations will Social Security accept reclassification of TTD benefits:

An administrative order or finding of the Department of Labor and Industry which states past, present, and future total disability benefits are deemed to be payments for PTD, or
A decision of a Compensation judge which states that past, present, and future total disability benefits are deemed to be payments for PTD, or
A Stipulation for Settlement approved by the Department of Labor and Industry or compensation judge that states that past, present and future total disability benefits are deemed to be payments for PTD benefits.

When the order, finding, decision or approved stipulation reclassifies TTD as PTD, the offset is removed effective with the date $25,000.00 in PTD benefits are paid.

If the award does not specify that it is permanent total, then it is subject to a SSA offset.

A Workers’ Compensation Settlement May Affect Your Receipt of SSDI Benefits?

If you have a workers’ compensation settlement and receiving SSDI benefits, or planning on receiving SSDI benefits, it is imperative that you have language in your Stipulation for Settlement addressing social security.

When a lump sum settlement is awarded, SSA does not have a “monthly” amount to use to calculate the correct offset. As result, it is important that language is included to prorate the settlement amount over the injured workers’ life expectancy. Without the Social Security language in the worker’s compensation order, Social Security takes the amount of the settlement, exclusive of attorney’s fees, medical expenses, and other case expenses, and divides by the monthly amount of worker’s compensation benefits that the disabled worker has been receiving in temporary periodic payments. The result of this calculation is the number of months the full offset will continue; thus, the offset will remain the same even though the individual is no longer getting temporary checks from workers’ compensation.

In order to avoid SSA offsetting the settlement proceeds incorrectly, a lifetime proration language needs to be included in the Stipulation for Settlement. Based on the holding in Sciarotta v. Bowen, injured workers are allowed to take the settlement amount and prorate it over their life expectancy. The SSA website offers a life expectancy calculator that can be used. Once you determine the employee’s life expectancy figure, you would simply take the gross lump sum amount and divide it by their life expectancy figure in weeks and months, to get a compensation rate post-settlement.

The Social Security Administration requires an explanation of how the Sciarotta rate was developed. This is done by explaining which life expectancy figure was used and that the Employee’s compensation rate has been prorated pursuant to the holding in Sciarotta v. Bowen.

Speak with a Workers Compensation Attorney

As mentioned before, the interplay between Workers’ Compensation and Social Security Disability can be complex. It is important to have an attorney who is experienced in these areas, to ensure that your rights are protected. Contact a Minnesota workers compensation attorney today to discuss your rights.

Why You May Need a Minnesota Personal Injury and Minnesota Workers’ Compensation Attorney for Your Case

By

Jerry Sisk

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Getting Benefits for a Minnesota Workers Compensation and Minnesota Personal Injury Claim

When we use the term workers’ compensation it refers to a set of law outlining benefits that injured workers are entitled to and how these benefits may be obtained. In general Minnesota workers’ compensation law was created subjecting all employers to a non-fault recovery system for accidents arising out of and in the course and scope of employment. In exchange for guaranteed compensation for injuries regardless of fault by either the employer or co-employees, the employee was limited to a fixed amount of recovery and gave up what was referred to as “common law actions” against the employer. Although an employee gives up the ability to make a common law action against the employer or co-employee, they do retain the right for third-party actions. In certain situations, including Minnesota, the injured worker is allowed to bring an action against a third-party who is legally responsible for the employee’s injury.

Personal Injury Claim with a Workers’ Compensation Case

So, why would you want to bring a personal injury action if you are already receiving Minnesota workers’ compensation benefits? Bringing a third-party action allows two types of benefits to be recovered.

First, the at-fault third-party is typically required to reimburse the workers’ compensation insurer who has been forced to bear the cost of the third-party’s fault. Second, the employee obtains a full common law recovery against the third-party who is not subject to the benefits and burdens of the workers’ compensation system. This may include pain and suffering, loss of consortium, punitive damages, etc.

Workers’ Compensation may be your only Recourse

Because common law remedies are not available for injured workers, workers’ compensation is considered an “exclusive remedy” with respect to work-related injuries, again, unless a third-party contributed the injury.

An injured worker may want to sue the employer for negligence but, again, negligence is not to be taken into account for work-related injuries whether on the employee or the employer’s behalf.

It is important to recognize whether there a third-party may be responsible for the accident and injuries as, again, you may be able to pursue a lawsuit against that party. Often times, in the construction industry or if there is a property owner, you may be able to pursue a claim for common law damages such as pain and suffering.

If you suspect that you have had a work-related injury that was caused by a third-party’s negligence, you may have more than just a workers’ compensation claim and you should contact a Minnesota work injury lawyer. A Minnesota workers’ compensation lawyer can help you determine what potential claims you may have

Common personal injury claims in conjunction with a workers’ compensation case

As mentioned, an injured worker may be able to bring a personal lawsuit in addition to a workers’ compensation claim under the following circumstances:

Products liability — Sometimes an injured worker may have additional claims against a manufacturer of a product that may have caused the injury, such as it being unreasonably dangerous or deficient instructions or warnings on how to operate the equipment. There also may be additional claims if during the course of a workers’ compensation case there is further injury or insult done because of failed medical treatment, including surgery, prosthetics, etc.
Third-party on an employer’s premises — At times, a third-party may enter into an employer’s premises and commit an act which injures the employee. For example, someone operating a skid loader and accidentally runs over an employee’s foot. This may represent an injury by a third-party who does not have an employment relationship with the employer and it may be possible to pursue a personal injury claim against them.
An injury occurring on someone else’s property — Sometimes traveling employees may have to perform job duties on different sites including at a client’s home or another property. These could include a delivery person, repairman, sales, etc.
Intentional injuries — These types of injury are more difficult to prove as they do not extend to claims where there is merely negligence or acts with indifference, instead, it must be done with actual intent to cause harm. Often times, these are not called for but, if the injury was intentional, there may be an additional way in which to obtain benefits.

It is important to know your rights under Minnesota workers’ compensation law. Most workers’ compensation attorneys would be happy to discuss with you your options, including potential scenarios in the future and what to look forward to as you move along in the healing process. It is important to stay empowered and know your rights under the law. Minnesota workers’ compensation lawyer, Jerry Sisk, offers free no-hassle consultations to allow you an opportunity to be informed so you can make the right choices.

How To Manage And Organize Your Estate Investments

By

Brandon Campbell

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Planning your financial estate investments should not be a last minute or rushed task, it should be something you’re mindful of from the start of your asset investing. Everyone’s financial and family situation is different, though, so your estate investments are unique to you. However, there are some general estate planning tips that you should be aware of to help keep you organized during this process.

Reduce Taxes

There are certain steps you can take during your lifetime to help your children or other family members while also reducing any federal estate and gift taxes. You can use the annual gift tax exemption, which will reduce the amount of your estate extensively if you give up a certain amount each year to as many people as you can. You can also start paying for medical and educational expenses (such as tuition) directly by writing a check in order to bypass taxes. Lastly, use your annual gift tax exemption on investing in your kids’ futures, which can include starting a retirement fund or other sort of savings account.

Know Your Different Beneficiary Transfer Rules

A beneficiary is anyone in your life that you’d like to transfer your assets to once you pass. This mostly includes family members, such as spouses, siblings, children, or parents. However, there are special provisions required for each type of beneficiary that you should know before you start; for example, assets that are jointly owned between spouses require different kinds of transfers, and transferring to children from a previous marriage or minor children can get more complicated.

Consider Life Insurance

If you don’t have life insurance now, you might want to consider getting it to help in your estate plan. Your survivors will be able to arrange final expenses more efficiently, and it can even help maintain their standards of living for years to come. You can either get term coverage (insurance coverage for a specific time period) or permanent coverage. Foe estate planning purposes, life insurance will prevent your cost of living and medical expenses from having a huge impact on what you left behind.

If you are interested in an estate planning attorney to help you organize and manage your asset investments, call the Law Office of Brandon L. Campbell.