Simon Law Firm August 2017

Simon Law's online newsletter for August 2017

Let Us Guide You To Justice The Georgia Legal Report

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August 2017

Williams sued for wrongful death

Venus Williams, the famous tennis star who will play in Wimbledon again this year, has been sued for causing the wrongful death of an elderly motorist in Florida. According to the police report, Mr. Jerome Barson was a passenger in the car driven by his wife, Linda, when they collided at an intersection. This tragic crash serves as a good way to illustrate how different states handle wrongful death laws. yellow to red and was proceeding forward to clear the intersection. The Barson vehicle went into the intersection because it had a green light. Mrs. Barson says that Williams failed to yield to her. Venus will say that Barson should have allowed her to finish clearing the intersection. The violent impact killed Mr. Barson. In Georgia, a collision like this triggers a number of legal issues. Williams will defend herself arguing that Mrs. Barson is the actual cause of the crash. Under the Georgia apportionment laws, the jury can allocate anywhere from 0 to 100 percent of the blame to Mrs. Gershon. The dangerous thing about bringing suit in the name of Mrs. Gershon is that it is subject also to the comparative negligence rule. In Georgia, a modified comparative negligence state, it works like this: If you get hurt and you are somewhat to blame for what happened, you cannot win the case if you are 50 percent or more at fault. That is an absolute cutoff. If you contributed to the crash, but in an amount less than 50 percent, then whatever percent is your fault is taken away from the verdict. Say you are awarded $100,000 by the jury, and they find you 30 percent to blame. You then receive $70,000. According to the report, Venus Williams was in the intersection when her light changed from

The problem with this case in Georgia would be that because she was the driver and she is suing Williams, all Williams has to do is convince the jury that blame is 50/50 and the plaintiff loses completely. Florida is a pure comparative negligence state. That means that Mrs. Bershon’s verdict will be reduced by whatever percent of blame is placed on her, and there is no 50 percent sudden- death provision. Another interesting difference between Florida and Georgia wrongful death laws have to do with how juries measure the value of death. In Georgia, it is the value of the lost life, both economic and noneconomic, from the perspective of the person who died. The trial has evidence from family and friends about how the decedent lived their life and whether they were a valuable member of the community. In contrast, Florida considers the mental pain and suffering that the grieving spouse is going through for the loss of the loved one. The lens is completely different. Both states consider what the person would have earned economically, but in this case, he was 78 and retired, so it would not be an issue. It just goes to show you that each state in our union functions in its own distinct way, and yet we remain a united country.

The problem with this case in Georgia would be that because she was the driver and she is suing Williams, all Williams has to do is convince the jury that blame is 50/50 and the plaintiff loses completely.

- Christopher Simon

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A HELPING HAND Teach Kids Responsibility With Age-Appropriate Chores

One morning as you’re driving to work, a reckless driver runs a red light and smashes into the side of your vehicle. You’re shocked and shaken, but after you get your bearings, you check your body and, miraculously, there don’t seem to be any injuries besides a bruise here and there. You get their insurance information, report the accident to the police, and go on your way hoping the pain goes away. Several days go by and your neck is getting worse. You are not a litigious person, so you treat it conservatively through your family doctor, but it gets worse. Before you know it, almost two years of medical care have gone by and a question begins to nag you: How long do I have to bring a case in Georgia? Chores have often been a regular aspect of a family household. However, many parents today are questioning the importance of assigning housework over extracurricular activities like learning a second language, practicing a musical instrument, or participating in sports. Data collected by Braun Research found that 82 percent of adults were assigned chores as a child, whereas only 28 percent say they assign chores to their own children. While extracurriculars are important, many experts, including University of Maryland psychology professor Roger W. McIntire, cite the benefits of chores in a child’s development. In McIntire’s book “Raising Good Kids in Tough Times,” he states, “A child has to have some responsibilities.” A study from the University of Minnesota analyzed data from 84 children across four periods of their lives: preschool, ages 10 and 15, and their mid-20s. Researchers

found that young adults who had regular chores at the age of 3 or 4 were more likely to have better interpersonal relationships, academic and career success, and were more likely to be self-sufficient compared to those without chores or those who started them as a teenager.

Here are a few age-appropriate chores to help your kids take on more responsibilities around the house:

Ages 2–4

Ages 8–10

• Help make their beds • Clean up toys • Put dirty clothes in the laundry basket • Dust easy-to-reach places • Help clean up spills with supervision • Bring plastic utensils to the table

• Keep bedroom clean • Fold and put away laundry

• Vacuum carpets • Change sheets on bed regularly • Bring trash cans out to the curb on trash day

Ages 5–7

• Feed and water pets • Put away light groceries • Empty indoor trash cans • Sweep and mop floors with supervision •Water plants • Set the table for dinner

• Help with lawn work (pulling weeds, raking leaves, etc.)

STATUTE OF LIMITATIONS

The time limit is called the statute of limitations, and it differs from state to state and for different types of claims. The shortest statute is for slander and libel claims, where it is one year from the statement. For personal injury and wrongful death, the statute is generally two years, but there are two key exceptions. The most important exception is for cases where a traffic ticket was issued. The two-year timer does not start running until the traffic ticket is resolved or paid. In a case where the defendant driver received a DUI, these can take two years to resolve. That means the injury case can be brought two years plus two years after the crash. The other major exception is for minors who are injured. Although the claim for their medical bills must be brought within two years, the

timer on the pain and suffering component does not start running until their 18th birthday. So, if they are injured at 10 years old, they have until they are 20 to bring forth the pain and suffering part of their case, unless their parents settled it for them.

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The Tricks of the Insurance Trade Strategies Adjusters Use to Pay Less for Your Claim

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Insurance companies are designed to pay out as little as possible on car accident injury claims. In some cases, particularly if your injury is fairly straightforward, you might be able to successfully navigate the claims process alone, but if you’re dealing with a more complicated injury or situation, it’s best to work with an attorney. We know every trick in the insurance adjuster’s book, as well as the best way to respond. One common strategy in every adjuster’s arsenal is ignoring the customer . You’re unlikely to receive a phone call from your adjuster after a car accident, and you’ll find it difficult to stay in contact with them as they fail to reply to phone calls and emails. It’s almost certain that the adjuster will attempt to delay your claim . The longer they can drag out the process, the longer the insurance company earns interest on its money and the higher the likelihood of you giving up or settling for less than you should. They’re likely to constantly request more and more information, saying over and over that they can’t make a decision until they have additional records. After those are received, they’ll ask for more, continuing to find some missing piece that pushes your claim closer to the two-year statute of limitations. If the adjuster asks, avoid providing them with a statement . Typically, these statements are used solely to defend the insurance company rather than for gathering necessary information. Adjusters are also likely to admit fault or accept responsibility , implying that they’ll pay out without your need for an attorney, but this is just another trick. If they can convince you that you don’t need an attorney, they’re surely going to spend less money on the case. Often, the first red flag that you need an attorney will come up during a discussion about money. Sure, they “accept responsibility,” but all that means is that they’re going to make you an offer — not that the offer will be fair and reasonable.

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STREET CORN Grilled Mexican

Make the most of these remaining summer weeks and take dinner outside to the grill! You don’t need to visit the fair for this delicious, classic street food.

INGREDIENTS • ¼ cup mayonnaise • ¼ cup sour cream •

½ cup finely crumbled feta cheese ½ teaspoon chili powder 1 medium clove garlic, minced ¼ cup finely chopped cilantro

• • • • •

4 ears corn, shucked 1 lime, cut into wedges

DIRECTIONS 1. Set burners of gas grill to high heat and allow to preheat for 5 minutes. 2. Combine mayonnaise, sour cream, cheese, chili powder, garlic, and cilantro in large bowl. Stir until well combined and set aside. 3. Place corn on hot grill, rotating occasionally. Grill until cooked through and charred in spots on all sides (about 8 minutes). 4. Transfer corn to bowl with cheese mixture and use large spoon to evenly coat each ear on all sides. Sprinkle with extra cheese and chili powder and serve immediately with lime wedges. (Recipe inspired by seriouseats.com.)

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

2860 Piedmont Rd NE #210 Atlanta, GA 30305

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Wrongful Death Cases Age-Appropriate Responsibilities Statute of Limitations The Tricks of the Insurance Trade

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Street Corn Recipe Blast from the Past

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THIS MONTH IN HISTORY August, 1914

populations of Central Europe.” Blockades on some countries, especially Germany, were not lifted after the war ended in 1918. These punitive measures resulted in needless death and more tensions between Germany and the rest of the world, which led to the Second World War a few decades later. Some countries fared better. America and Canada, untouched at home across the Atlantic, found what Canadian Lieutenant Timothy C. Winegard describes as “a context of nationhood and a sense of pride in an achievement” as new-world nations testing their mettle. This was particularly true in America, which entered the war relatively late to topple the German alliance. It was the United States’ first European intervention. But in August, 1914, nobody knew any of that. Not the world leaders, not the men and women back home, and certainly not the millions of

August, 1914, may be the most important August in history. Tensions had been simmering in Europe for years, and in August the first shots were fired — the beginning of World War I. Patriotic jingoism amongst European nations soon turned to horror as the full picture of mechanized slaughter became clear to all. By the end of 1914, a million European soldiers and citizens had been killed in the trenches and city streets. The war would claim the lives of 15 million more — and the souls of a rapidly globalizing world. The war put immense pressure on lines of supply — pressure that was intensified by intentional blockades of civilian food supplies by both sides. Historian N.P. Howard writes that these blockades “spread death and disease, as famine encroached upon the civilian

soldiers headed for the trenches. It was a lesson the world would never forget, even when war broke out again two decades later.

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