Case Barnett Law - October 2017

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OCT 2017

The courtroom always feels so big. Whether you’re a defendant whose future hangs in the balance, a jury member who determines that future, or someone in the galley watching justice play out before your eyes, the courtroom is overwhelming. When you’re a kid and your dad stands up there in front of everyone, that courtroom becomes the whole world. At 12 years old, I watched my dad give his opening statement at the Rodney King case. Yes, that Rodney King case. He was the defense attorney for one of the police officers. Outside, people were shouting and protesting, but inside the courtroom, you could hear a pin drop. The room was charged, and my dad knew exactly how to channel all that energy. He spoke like a Shakespearean actor, each word clear and deliberate. In his right hand he held a police baton, periodically smacking it against his left palm. Each time the baton hit, it struck his wedding ring and the sound would resonate through the courtroom. My dad held everyone’s attention so completely, you’d swear there was a spotlight on him. That’s what being a lawyer all boils down to: We have a unique opportunity to tell a person’s story. THE STORIES I TELL What It Really Means to Be a Lawyer This was the first time I saw exactly what my dad did. As a little kid, I didn’t really understand what his job was. Once, I asked if juries held up score cards like judges at the Olympics! On that day, I was in awe as I watched him give such a powerful speech. To this day, I still get goosebumps when I think about it. At the time, I didn’t understand the broader context of that case, nor did I recognize the mental and emotional pressure my dad was under. This was a real opportunity to do something great … or fail spectacularly. In the end, my dad was great, and I knew I wanted to be a lawyer like him.

Dad at work in 1992

In the months leading up to that case, my dad’s client had been vilified by everyone. They all decided he was the bad guy without ever hearing his story. So, my dad stood up in that courtroom and told his client’s story. That’s what being a lawyer all boils down to: We have a unique opportunity to tell a person’s story. As my career developed, I saw there were many ways a trial lawyer can help a person’s life by telling their stories to a judge and jury. It’s easy to get weighed down by the technicalities and legal jargon of it all, but at the end of the day, my job is to tell stories anyone can relate to. Each case contains classic themes such as betrayal and pain, hope and love, and what it means to exist in this world. When a client comes to me, I get to learn about them and fight in their name with the stories they share. I hear some truly heartbreaking stories, sometimes from people who have been hurt by negligence or ignored by someone who was supposed to help them. It can feel like a real David and Goliath struggle when you go up against some soulless company that caused this grief.

But it is my job to get the bad guys to care and to force them to make things safer for everyone in the future. It’s a tall order, and trust me, there are peaks and valleys in every case, but when I remember I’m in that courtroom to tell a person’s story, it’s not so overwhelming anymore. –Case Barnett

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CaseBarnettLaw.com 949-861-2990 SIMPLE AND CREATIVE Halloween Treats to Make With Your Kids

To start, dye the almond slivers black to make “fingernails.” Cut the pretzel rods down to finger-length and dip them in frosting dyed the pale green of witches’ skin. While the frosting is still soft, stick an almond fingernail at the tip. If you want extra details, use a toothpick to make knuckles in the frosting. Spooky Oreos What you’ll need: Oreos, melting chocolate (white or bittersweet), decorations Melt your chocolate, dip America’s favorite cookies in it, and let them set. Ta-da! You’re left with the perfect blank canvas for your children (and you!). Run wild — from spider webs and ghosts to vampires and werewolves, you’ll have a unique treat for everyone at your party. Follow these simple instructions (don’t be afraid to get creative!), and you’ll delight kids of all ages this year. What type of doctor should I see if I think I have a brain injury? A neurologist. How do I pay for the doctor and/or testing? You should look at your health or accident insurance policies to see what is covered. Ask the following questions: What is the deductible? What are the limits of the lifetime benefits? What is the definition of rehabilitation services? How are the benefits coordinated? Is there a major medical carrier that will pay medical bills if there is a catastrophic injury? Is there coverage under the homeowner’s insurance policy? Is there an umbrella policy? Which symptoms warrant a trip to the hospital? Any loss of consciousness, vomiting, or extreme headaches. When in doubt, go to the ER. My CT scan at the hospital was clear. Can I still have a brain injury? Yes. CT scans are to show bleeding on the brain. However, damage to axons and deeper injuries will not show. You will need an MRI or 3T MRI to see injuries at this level. If my brain injury is the result of someone’s negligence, who is responsible for paying for my medical costs? The owner of the property or other parties may be liable to compensate you. Brain Injury Resources • alllaw.com/articles/nolo/personal-injury/claims-for-tbi-following-accident.html • msktc.org/tbi/factsheets/Understanding-TBI/The-Recovery-Process-For- Traumatic-Brain-Injury • alllaw.com/articles/nolo/personal-injury/settlement-value-head-injury-claim.html • biausa.org/brain-injury-treatment.htm • traumaticbraininjury.com/funding-resources/health-and-accident-insurance/

Creating decked-out, bespoke costumes for your kids takes a lot of planning and hard work. If you want an easier way to make Halloween more creative this year, try creating some holiday-themed treats the whole family can participate in making. The results will be a lot more exciting than the standard fun-sized candy bars that you’ll have more than enough of after the holiday. Donut Monsters What you’ll need: glazed or plain donuts, M&M’s, plastic fangs These monsters require only brief assembly, and the effect is awesome. Simply buy your favorite glazed donuts, or make them yourself if you’re feeling adventurous, buy some cheap, plastic fangs, and decorate. You can use red food coloring for a blood effect and candy for eyes. You’re only limited by your imagination. Witch Finger Pretzels What you’ll need: large pretzel sticks, frosting, green and black food dye, almond slivers What are the symptoms of a brain injury? Symptoms include problems with memory, headaches, vision problems, amnesia, inability to speak or understand language, mental confusion, difficulty thinking and understanding, inability to recognize common things, aggression, balance issues, irritability, impulsivity, dizziness, fainting, fatigue, anger, loneliness, anxiety, and apathy. What are the signs of a brain injury? Signs include dilated pupils, raccoon eyes, nausea, vomiting, slurred speech, blurred vison, light sensitivity, loss of consciousness, blackout, persistent headache, bleeding, bone fracture, bruising, head depression, loss of smell, nerve injury, post-traumatic seizure, ringing in the ears, sensitivity to sound, and stiff muscles. How long do concussion symptoms last? Symptoms last anywhere from a few hours to a fewmonths. Most symptoms occur within the first seven to 10 days and resolve within three months. Sometimes, symptoms can last a year or more. What is the length of recovery for a traumatic brain injury? The first six months show the fastest improvement. The injury symptoms continue to improve from six months to two years, and recovery slows down substantially after two years. How are brain injuries treated? In severe cases, there are no treatments that can make a brain injury completely heal. However, there are many types of rehabilitation programs that can help teach coping skills and offer life assistance. In addition, there are medications that can be given to help with symptoms associated with the brain injury. Types of therapy may include physical, occupational, speech, psychological, vocational, and cognitive. Brain Injuries Is a concussion a brain injury? Yes, it is a mild traumatic brain injury (TBI).

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949-861-2990

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SLIP AND FALL (Premises Liability) Questions

Who is responsible for my injuries? The person responsible is potentially the premises owner, store owner, or land owner. This person has a duty to maintain their premises in a safe fashion. This includes an affirmative duty to look for and make safe potentially dangerous conditions. Who pays for my injuries if someone else is responsible? The insurance company for the person responsible is usually the first line of payment. What should I do immediately after a slip and fall? If you’re not too badly injured, it is important to investigate right away. An attorney can help you arrange for an investigator who will access the property immediately, take photos, and interview witnesses. You also want to be sure of any deadlines that require notice be given to a party soon after the accident occurs. A letter should be sent to the premises

owner stating that you have been injured on their property and that they were negligent. You must request their insurance information and then contact their insurance company. If they do not respond, a civil case must be filed. How would a premises owner be responsible for my injuries? They failed to make their premises safe. Do other people get hurt this badly in slip and falls? Yes. Slip and falls have a bad reputation because insurance companies make us think that these types of accidents are made up by “sue- happy” people looking to cash in on their accident. The reality is that many people are hurt daily because of the negligence of facilities and people who get the benefit of a customer’s business but don’t take the necessary steps to protect that customer.

LAUGH! Have a

Orange-Balsamic Lamb Chops Impress any dinner guest with this surprisingly quick and easy-to-make meal.

Ingredients

Directions

1. Combine 1 tablespoon olive oil, rind, and juice in a large zip-top plastic bag. Add lamb to bag; turn to coat well. Let stand at room temperature for 10 minutes. Remove lamb from bag and add salt and pepper. 2. Heat a large grill pan over medium-high heat. Coat pan with cooking spray. Add lamb and cook 2 minutes each side. 3. Place vinegar in a small skillet over medium- high heat; bring to a boil. Cook 3 minutes or until vinegar is syrupy. Drizzle vinegar and remaining teaspoon oil over lamb.

• • • • • • • •

4 teaspoons olive oil, divided 2 teaspoons grated orange rind 1 tablespoon fresh orange juice 8 (4-ounce) lamb rib chops, trimmed

1 teaspoon kosher salt

1/2 teaspoon freshly ground black pepper

Cooking spray

3 tablespoons balsamic vinegar

Recipe courtesy of CookingLight.com.

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949-861-2990

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INSIDE THIS ISSUE: Let Me Tell You a Story | Creative Halloween Treats | Brain Injuries Slip and Fall (Premises Liability) Questions | Orange-Balsamic Lamb Chops

245 Fischer Avenue, Suite B4 Costa Mesa, CA 92626

HOW FARMERS GROW Those Giant Pumpkins

Before the gourd starts growing, flowers on the plant need to be pollinated. Farmers will usually take it upon themselves to pollinate, using pollen from plants with proven genetic lines. Winning pumpkins usually claim their “father” plant and “mother” seed, like racehorses. Growing a great pumpkin is practically a full-time job, with some farmers reporting spending 40 hours a week on it. Using heated soil, installing fences to reduce wind, adding sand, and other specific cultivation techniques give the pumpkin a fighting chance to grow into a monster. But, in the end, there’s an element of luck. The competitive growing industry is getting bigger (pun intended). In 1979, the largest pumpkin on record was 438 pounds. Since 2008, the world record has been broken every year. The reigning heavyweight champion, grown in Germany last year, weighed in at 2,623 pounds. That’s as much as a 2018 Toyota Yaris or 1,748 standard pumpkin pies.

Forklifts and cranes may be used mainly for construction work, but every fall, thousands of backyard gardeners use them as gardening tools — or rather, harvesting tools — for their largest single crop. Massive pumpkins aren’t practical, but they can become a minor tourist attraction in your hometown and even win a few thousand bucks if they’re really huge. However, with the time and effort it takes to get them that big, farmers aren’t in it for the money. They’re in it for the glory. Growing these monstrous fruits (yes, they are technically fruits) is kind of like breeding a racehorse. It takes practice, cultivation, and even good genes. Competitive growers will often purchase the seeds of the previous year’s champions for their plant. After preparing the soil to make it extra fertile, they’ll plant the pumpkin in late winter or early spring.

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