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March 2023
7 WAYS TO PROTECT YOUR CASE
5. Create separate appointments for anything unrelated to your personal injury case. If you need a flu shot or prescription refill, take care of this at another time. 6. Use your health insurance for every visit related to your personal injury case. One of the most frequently asked questions is, “Why should I have to use my insurance if I’m not at fault? Shouldn’t the person who caused my injuries pay for my health care?” Yes, they should, but while your attorney works out a settlement or your case is litigated in the court system, you should use your health insurance because the rates are negotiated. Otherwise, you will pay out of pocket, and the cost will be more upfront. 7. Communicate with your legal team, but do not communicate with the other party or their insurance company, and trust the process. We know it can be difficult to be patient and allow your attorney to handle negotiations, but remember that a settlement offer is not necessarily the best outcome. The other party is also not looking out for your best interest and will take anything they can to argue against compensating you for your injuries. By following these steps, you can increase the likelihood of a successful outcome for your personal injury case and protect the value of your claim. Our experienced personal injury attorneys can also provide additional guidance to ensure that your rights and interests are protected throughout the process.
A personal injury case can have a profound impact on a victim’s life in many ways. Between the physical pain and suffering, emotional distress, loss of income, and medical bills, it can seem daunting to go through an often time-consuming, stressful legal process. It is important for anyone in this situation to seek the support and guidance of a personal injury attorney to minimize some of the negative effects and achieve a favorable outcome, and at the Pendleton Law Team, we educate our clients on how to protect the value of their cases. 7 Ways You Can Protect the Value of Your Case Hiring an attorney is just the first step of the process. Insurance companies are not out to help clients, and that is why it is important to ensure you understand how you can protect your case by following these few simple steps. 1. Do not post about the accident or injury on social media. If you have already posted, do not delete anything. 2. Do not talk about your personal injury case. You are under no obligation to divulge you have hired an attorney to anyone. This includes your medical providers and health insurance company. Always leave “attorney” and “claims” information blank on any form you’re given. Leave this process up to your attorney. We will notify parties who need to know. 3. Do not talk about your injuries with the car insurance company. Leave this up to your attorney to share any sort of medical information with them. 4. Follow your doctor’s orders and medical treatment. Do not miss appointments, and follow up with any recommended procedures or referrals to specialists!
– Holly Ortiz,Esq.
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The Mac and Cheese Legal Debacle Can This Lawsuit Elbow Its Way to a Courtroom Win?
Here’s a fun fact for you: In the fall of 2022, a woman in Florida sued food giant Kraft Heinz — all because it took her a few extra minutes to prepare her mac and cheese. This may sound like a made-up plot straight out of “The Onion,” but it’s true! The woman’s name is Amanda Ramirez, and according to National Public Radio, she’s suing Kraft Heinz for $5 million over its “misleading advertising.” What exactly misled her? Well, Kraft’s cup of Velveeta Shells & Cheese claims it will be “ready in 3 1/2 minutes” — when in fact, that’s just the microwave time.
NPR reports that Ramirez’s lawsuit reaches beyond her kitchen and even beyond the state of Florida. It “looks to cover consumers in Alabama, Georgia, North Carolina, South Carolina, Utah, New Mexico, Alaska, Iowa, Tennessee, and Virginia who purchased the mac and cheese cups during the applicable statute of limitations period.” Over 100 people fall into that category, maybe including you!
Does Ramirez stand a chance? It’s hard to say. NPR reports that her legal team expects Kraft to try to get the case dismissed,
but the U.S. does have a history of successful lawsuits against misleading advertising by food companies. According to NBC News, a class- action lawsuit filed over a non-GMO advertising campaign cost Chipotle $6.5 million in 2020. And just last spring, a Florida attorney went to bat against Burger King, claiming its Whoppers were smaller than advertised. As we write this, the mac and cheese fiasco is still unresolved — but you can bet we’ll be watching the news. We may even chow down on a bowl of Velveeta Shells while we do it!
Apparently, Ramirez felt betrayed when it took her slightly more than 3 1/2 minutes to peel the lid off
the container and add water to the noodles. Her outrage only climbed as she waited for her pasta’s cheese sauce to thicken after 3 1/2 minutes of staring at the microwave window. Before long, she was steaming over the notion that she’d been ripped off by a greedy manufacturer intent on selling false convenience.
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What does parental alienation look like? Imagine you’re running five minutes late to pick up your child, and your ex tells them “Daddy/Mommy is late because they don’t love you anymore” — a blatant lie. In this case, you would be the “target” parent and your ex would be the “alienating” parent manipulating your child. One parent can also alienate the other by spoiling their child with gifts and travel opportunities while maliciously pointing out that the other parent can’t or won’t do the same. According to TMZ, Jolie has accused Pitt of child abuse and he now has “little to no relationship” with their six kids. If Pitt is not a child abuser — as a judge’s award of 50/50 custody seems to indicate — this would be parental alienation. Alec Baldwin details his experience with what he calls parental alienation in his book, “A Promise to Ourselves: A Journey Through Fatherhood and Divorce.” What can you do about it? The ABA reports that parental alienation has been recognized by lawyers, courts, and psychologists to varying degrees for at least 200 years. In many states, parental alienation is legally recognized, which means that proving it could impact your custody agreement. Other states don’t take parental alienation as seriously, so we recommend asking your family law attorney about your specific state and situation.
In the meantime, family lawyer Patricia Fersch offers this advice in Forbes: “Document everything in a diary — missed visits, alienating behavior in the presence of the child. Be consistent with your child no matter how they respond to you. Don’t abandon them.”
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TAKE A BREAK
VAN GOGH REINCARNATED? One-Eared Rescue Dog Becomes Master Painter
When a one-eared shelter dog in Connecticut struggled to find a new family last year, one of his caretakers had a wild idea: Why not teach him to paint? With help from TikTok and peanut butter, the aptly named Van Gogh became a social media star. “I’d seen TikTok videos of other dogs creating paintings, so why not Van Gogh?” Jaclyn Gartner, the founder of Happily Furever After Rescue, told The Washington Post. “He certainly had the name and the ear for it.” To leverage what she calls Van Gogh’s “fast and creative tongue,” Gartner covered small canvases in dollops of paint, wrapped them in plastic wrap, and slathered them in peanut butter. Then, she presented the treats to the boxer-pit bull mix. He quickly licked the canvases clean, creating his “art” along the way. According to the Post, Van Gogh’s first few paintings flopped — just like the work of the human artist Vincent Van Gogh, who didn’t become famous until after he died in 1890. This star rose thanks to Jo Van Gogh, the wife of his brother Theo, who advocated for his work after both Theo and Vincent passed away. You could say that Gartner was dog Van Gogh’s Jo because, like the original painter’s, the pup’s art staged a comeback! After his first “art show” drew just two guests, Gartner started auctioning off his paintings online. His abstract work like “Peacock Swirl” and a rendition of human Van Gogh’s “Starry Night” quickly raised more than $3,000 for Happily Furever After Rescue. As his reputation soared on social media, Van Gogh also found his forever home with shelter volunteer Jessica Starowitz. He now spends his days painting and lounging on the couch. You can follow his exploits on Instagram under the handle @officialvgdog.
CLASSIC CABBAGE ROLLS
Inspired by TasteOfHome.com
Ingredients
• 1 medium head cabbage • 1 1/2 cups chopped onion, divided • 1 tbsp butter • 2 14.5-oz cans Italian stewed tomatoes • 4 garlic cloves, minced • 2 tbsp brown sugar
• 1 1/2 tsp salt, divided • 1 cup cooked rice • 1/4 cup ketchup • 2 tbsp Worcestershire sauce • 1/4 tsp pepper • 1 lb lean (90%) ground beef • 1/4 lb Italian sausage
Directions 1. In a Dutch oven, cook cabbage in boiling water for 10 minutes; drain. Rinse in cold water; drain. Remove 8 large outer leaves; set aside. 2. In a large saucepan, sauté 1 cup onion in butter. Add tomatoes, garlic, brown sugar, and 1/2 tsp salt. Simmer sauce for 15 minutes, stirring occasionally. 3. In a large bowl, combine rice, ketchup, Worcestershire sauce, pepper, and remaining onion and salt. Crumble beef and sausage over mixture and mix. 4. Remove thick vein from cabbage leaves for easier rolling. Place 1/2 cup meat mixture on each leaf; fold in sides. Starting at an unfolded edge, roll leaf to completely enclose filling. Place rolls seam side down in a skillet. Top with sauce. 5. Cover and cook over medium-low heat for 1 hour. Reduce heat to low; cook 20 minutes longer or until a thermometer inserted reads 160 F.
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1506 Staples Mill Rd., Ste. 101 Richmond, VA 23230 www.virginiasinjurylawyers.com
INSIDE THIS ISSUE
How-to Guide: Protect Your Case Value
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The Great Mac and Cheese Lawsuit of 2022
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Classic Cabbage Rolls Meet Van Gogh, the Painting Dog
A Celebrity Problem You Could Face
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Whether you follow celebrity gossip religiously or just like to scan the tabloids when you pass a newsstand, you’ve probably heard about the latest conflict between famous divorcees Brad Pitt and Angelina Jolie. A recent TMZ headline blared, “Brad Pitt Sources Say Angelina Has Poisoned Kids Against Him... She’s On a Hate Campaign.” These articles are chock-full of drama, but they also contain some legalese — specifically the phrase “parental alienation,” which journalists have applied to celebrities like Brad Pitt and Alec Baldwin and may even apply to you. If you’re divorced, have children, and aren’t on good terms with your partner, you should be on high alert for signs of parental alienation. What is parental alienation? According to a resource published by the American Bar Association (ABA), parental alienation is a “mental condition in which a child — usually one whose parents are engaged in a high-conflict separation The Scoop on Parental Alienation Do You Have This In Common With Brad Pitt?
or divorce — allies him or herself strongly with an alienating parent and rejects a relationship with the ‘target’ parent without legitimate justification.” In other words, a child can fall victim to parental alienation if one of their parents constantly paints the other in a bad light through comparisons, exaggeration, lies, and manipulation. This can be emotional, verbal, or even financial.
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