Simon Law August 2019
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august 2019
The Benefit of Law With our national news headlines unfortunately stuffed with stories about the current administration trying to get around Congress to execute on an agenda, it is a useful exercise to wonder, Is this good for the country?
My point is, through the years, some parties have come to power and others decline, and vice versa. With any luck, the history of this country will be counted in centuries upon centuries. The population of the country will change, new religions may arise, and morality may shift. The current system of checks and balances was built so that no one president or decade of political thought could undo what has taken 250 years to grow. We are protected by laws that are to be immutable unless amended by a vast majority of the people. Those in power one year will decry certain laws or administrative procedures for holding back their political agenda, be it a border wall, the weight of environmental protections, or the practice of gerrymandering. Then three years later, if that same party is no longer in power, they may applaud those very same protections for not dismantling the progress that has been made. The point of politics is not for one side to win while the other loses. It is to fairly govern the people for the benefit of every American. The law is there to stem the tide of impulse and radical change for the better. All of this reminds me of the scene in Robert Bolt’s play “A Man for All Seasons” (which was made into an excellent award-winning film as well). It is the story of the friendship between Sir Thomas More and King Henry VIII set against the backdrop of Henry seceding from the Roman Catholic Church and creating the Church of England because the Pope would not grant him a divorce. Sir Thomas More is revered as a master jurist, and in the film, he delivers lines of such gravity that they bear reflection. More is ultimately imprisoned in the Tower of London with his family and treated quite well, but as time goes on, the King loses patience with him, and he is ultimately executed for refusing to compromise his religious beliefs. Set against this backdrop, there is an exchange
between More and another character that needs to be repeated to those in power today who seek to discard and ignore the rule of law and proper procedure that have governed this country from the start. In the scene, Roper argues for going after a criminal without giving him the benefit of law because he is obviously guilty. Roper: So now you’d give the Devil benefit of law! More: Yes. What would you do? Cut a great road through the law to get after the Devil? Roper: I’d cut down every law in England to do that! More: Oh? And when the last law was down, and the Devil turned ‘round on you — where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast — man’s laws, not God’s — and if you cut them down — and you’re just the man to do it — d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake. Regardless of party affiliation, we should all insist that those in power adhere to the rule of law for our own and our children’s sake.
–Christopher Simon
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The Right Place at the Wrong Time A LOOK AT SOME INTERESTING PERSONAL INJURY CASES
There is no shortage of crazy cases that come through a court of law, but those revolving around personal injury can be especially surprising. Whether it’s a slip-and-fall accident or something a little more eccentric, there are a million ways to hurt yourself while simply going about your day. The problems arise when it’s determined to be another party’s fault. Let’s take a look at some notably strange cases where bizarre miscalculations led to injuries and ailments. As Below, So Above Time spent in the restroom is inherently private. We don’t normally talk about it, but that’s not the case for a Pennsylvania woman who experienced a traumatic event during a routine trip to the lady’s room. In 2007, a schlocky horror plot came to life in a building along Philadelphia’s famous Market Street. The culprit was a faulty plumbing system. The
woman was inside a restroom stall on the eighth floor, and, as she sat on one of the old toilets customary in the building, pressure building from inside the tank caused a massive explosion that sent her body hurling out of the stall. You don’t need to know the details of her injuries to understand the extent of her grievances. Some forms of suffering are better left to the imagination, especially if the aggressor was a literal stink bomb. She sued the building’s landlords for anxiety, pain, and medical expenses, but it’s hard to determine which party was truly at fault without more information. It’s Raining Cats and Dollars You can’t predict the weather, no matter what your weather app says, but some people tend to forget that. A few years ago, an Israeli weatherman was faced with a lawsuit by a woman who claimed his inaccurate forecast caused her a great deal of suffering. She claimed
he misrepresented a particularly harsh day in the forecast, and it encouraged her to wear insufficient layers that left her health to the whim of the elements. As a result, the woman caught the flu from the downpour and missed work for four days. Citing lost income, large medication costs, and tremendous anxiety, she sought reparations from the fraudulent weatherman and was amazingly awarded a four-figure settlement!
You’re Getting Very Sleepy ... ESTABLISHING A BEDTIME ROUTINE FOR THE SCHOOL YEAR
Between vacations, bonfires, and sporting tournaments, your children’s sleep schedule probably went on break when they did this summer. With school fast approaching, it’s vital to get your kids back on a proper sleep schedule. In fact, according to the National Sleep Foundation, getting enough sleep can significantly improve a child’s growth and cognitive function. But getting a restful night’s sleep is easier said than done when kids have had almost complete freedom for three months. Try these tips to
get your kids snoozing through August and prepared for school.
an appropriate time, and bedtime will be easier when school starts.
Start Early and Go Slowly When practicing this tip, think of the old adage: “It takes 21 days to break a habit.” If your kids have been going to bed late this summer, set a time when they must go to bed, but don’t make it too far off the time they have been regularly hitting the hay. If they shuffle off to bed around 10 p.m., push their bedtime to 9:45 p.m., and then push it back to 9:30 p.m. one week later. Slowly work your way back to
Make It Easy Though the days may be getting shorter, it’s still relatively light out at night, making it nearly impossible for your kids to doze off when they should. Sleep experts recommend creating a sleeping space that mimics a cave: dark, cool, and quiet. This means sunlight shouldn’t sneak into the room, and the home should be a quiet zone after bedtime. No one wants to sleep while everyone else is having fun, so it’s important that everyone in the home is quiet at bedtime. Just Relax This is a rule your family should follow year- round, not just when you want to reestablish a routine. At a certain time each night, begin the nightly wind-down. For example, at 8 p.m. shut off your screens, put on pajamas, and engage in a relaxing activity, like reading a book or doing some yoga. Signaling to your body and your family that it’s time for bed will help your kiddos, and you, fall asleep at an appropriate time.
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WORD SEARCH August Word Search
HOWDO I GET LOSTWAGES INAN INJURYCASE? Law in Real Life Determining the amount of wages you lost as a result of your injury is easier than determining the costs of your medical care, due to recurring tax and payment documents. This means your wages can be “proven with specificity,” unlike medical treatments, which can vary by doctor, hospital, and treatment. ( Note: Those who are paid in cash have fewer tax documents, and some may not even be paying taxes. Courts may throw out lost wages claims from those paid in cash if the evidence is not rock-solid.) Despite the court’s ability to comb through tax documents to determine lost wages, the situation is not black and white. A recent Georgia personal injury case added some clarification. The plaintiff, in this case, was stopped at a red light when an employee of the defendant rear-ended her vehicle. The plaintiff’s injuries were severe and included whiplash, wrist complications, and a bruise on her face. The plaintiff claimed this exacerbated her previous back complications. Prior to this, the plaintiff was a full-time cashier at Walmart, and part of her responsibilities required her to stand for long periods of time. The plaintiff claimed her injuries required her to sit on a stool more often at work, and that she was working fewer hours. However, the defendant’s evidence showed a national decrease in hours worked by Walmart employees, which correlated with an increase in hourly wages. The defendant also claimed the plaintiff could not prove that Walmart reduced her hours because of the injury. In response, the plaintiff argued that her physical limitations following the accident were permanent and would limit her future income. Instead, the court found that evidence of the plaintiff’s future lost wages was too speculative and not concrete. Ultimately, a higher court backed up the lower court’s findings, adding that the plaintiff was still able to work full-time and that her lost wages were not proven with “reasonable certainty.” The plaintiff was still awarded $330,000. Accident victims deserve proper compensation, but the court’s recent finding rings true to legal precedence. Thankfully, the court offers victims other avenues for compensation if they are unable to prove lost future wages. Don’t let an injury keep you down. If an injury has left you or a loved one unable to work, call The Simon Law Firm at 404-259-7635 for your free consultation. How do employees prove lost wages?
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Roasted Corn Salsa
Corn is plentiful during the summer months, and this easy-to-make salsa is sure to be a hit at your next get-together.
INGREDIENTS
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2 medium ears of corn, shucked 1 jalapeño or Fresno chile, seeded and thinly sliced
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1 large tomato, cored, seeded, and finely chopped 1/4 bunch cilantro leaves, sliced
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1/2 red onion, diced
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Juice of 1 lime
Kosher salt, to taste
DIRECTIONS 1. Heat a cast-iron skillet to high. Char corn, turning occasionally, for 10–14 minutes until kernels begin to blacken in spots. 2. Using a sharp knife, remove corn kernels from cobs and transfer to a large mixing bowl. 3. With a wooden spoon or potato masher, gently crush corn to release starch and juices. 4. Add jalapeño, onion, tomato, and cilantro. Mix to combine.
5. Top with lime juice and season with salt. 6. Serve alongside your favorite tortilla chips.
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The Benefit of Law 1 Bizarre Personal Injury Cases
Get Your Kids Back on a Sleep Schedule 2 Roasted Corn Salsa Appellate Court Determines 3 Promoting Children’s Eye Health and Safety 4
August CHILDREN’SEYEHEALTHANDSAFETYMONTH
Our five senses help us interact with the world around us, and children are especially aware of their world through touch, taste, sound, smell, and sight. To ensure kids can learn from their surroundings, it’s important to take them for an annual eye exam. August is Children’s Eye Health and Safety Month, and if your kids haven’t had an eye exam, now is the perfect time. A Child’s First Eye Examination According to All About Vision, a child’s first eye examination should take place at about 6 months old. When the child turns 3, eye exams should become more frequent to ensure their eyes are healthy and that they have no vision impairments. Similar to doctor or dental visits, taking a child to a trusted children’s eye doctor will detect vision problems such as astigmatism, nearsightedness, and farsightedness. If any problems are found, they
sunglasses to protect their eyes from harmful UV rays or provide shade if they are in a stroller. With the new school year starting up, kids will be joining sports teams and engaging in classroom activities. Students should wear safety glasses when participating in chemistry projects and the proper gear for their athletic activities. Get Your Kids Involved You can observe the holiday by teaching your kids the importance of eye safety and health. The National Eye Institute has useful information and activities for your kids to enjoy. They provide videos such as “Ask a Scientist” where they explore and explain colorblindness, nearsightedness, farsightedness, eye-related myths, and much more. You can visit their website at Nei.nih. gov/kids.
can prescribe lenses to correct their vision and keep their eyes healthy.
Protecting a Child’s Eyes Keeping up with eye exams will ensure a child’s eyes are healthy, but safety is also important. If a child is outside, make sure they wear
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