Law Office of William F. Underwood - May 2019

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Justice MONTHLY

229-888-0888 • www.puttingpeoplefirst.law

MAY 2019

Large Problems, Huge Impacts WHY I HELP VICTIMS IN MASS TORT CASES

I’ve been fortunate enough in my career to have served on the good side from the start. My foray into the legal world was watching my father passionately fight for his clients in personal injury and workers’ compensation cases. My first job was for the local district attorney’s office, where I represented the people of Georgia and fought for their safety. And my practice has never been available to insurance companies; we represent regular, everyday people who deserve proper compensation for their injuries.

That’s why I leapt at the opportunity to represent average Joes across southern Georgia in mass tort cases. For the past year, the Law Offices of William F. Underwood, III, P.C. has been actively accepting Georgians who are seeking representation and help with their mass tort claims. These cases will sound familiar to most people who have seen them on television infomercials, but if you’re not inundated in the legal world, it can be difficult to understand what makes these cases so valuable.

on what the legal team trying the case tells us. This gives the clients a personal lawyer who is offering them advice on the next steps in the process, since these cases typically involve hundreds — if not thousands — of people. Procedurally, this process can be very long. Because these cases involve so many people and large corporations, it may take years for a client to learn about the fate of their case. This makes the relationship

... mass tort cases make

products safer for generations of users.

between a regional lawyer and the local clients all the more valuable. It keeps clients informed, while lending that personal ear I have learned is so important to injury cases. Like personal injury cases, these lawsuits truly matter. Mass tort cases have produced drugs that don’t kill you, air bags and seat belts to make car rides safer, and devices that don’t explode upon use. They are not frivolous and the fault of a victim; mass tort cases make products safer for generations of users. At the Law Offices of William F. Underwood III, P.C., we want to become the go-to southern Georgia mass torts law firm, and we have the experience and care to get there. I started for the good guys, and that’s who I’m determined to continue helping. -William F. “Trey” Underwood, III

Mass tort cases are a subset of personal injury law that involve a large group of people who are facing complications, pain, negligent side effects, and costly repairs due to the defect of a product. A few examples of these cases include talcum powder resulting in higher rates of cancer, carelessly produced hernia mesh, and dangerous asbestos contact for labor professionals. My job, as a lawyer in southern Georgia, is to act as a personal resource for local residents who may have suffered as a result of a shoddy product. There are only a handful of legal teams across the country that actually bring these cases to trial, so our experts record clients’ information, pass it along to the legal teams, and guide the clients in our region through the process, based

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THE REVOLUTION IN FORENSIC SCIENCE CONTINUES TO CAPTIVATE THE MASSES GENEALOGY SITES AND THE WARMING OF COLD CASES

We’ve come a long way in the field of forensic science since 1986, when DNA was first used to convict someone in court. In 2019, criminals who would have gotten away with their crimes in the past are now put behind bars where they belong. The advent of genealogy testing has been thrust into the spotlight with high- profile cases that were solved by sequestering information from

these websites’ data, investigators can make DNA matches with potential offenders. The most famous recent case is the successful apprehension of Joseph James DeAngelo, otherwise known as the Golden State Killer. After 13 murders and dozens of assaults, he was finally brought to justice after investigators matched his DNA to the evidence found at the crime scenes. They gained access to his DNA from the personal genomics site GEDmatch.

sites like 23andMe and Ancestry.com. With this revolution in DNA testing on the rise, there’s really no end to the impossible- to-solve cold cases that can finally be put to rest. Whatever the motivation was behind genealogy sites in the beginning, they’re now some of the most sought-after databases in the world

Although access to the data of popular sites like 23andMe and Ancestry.com is restricted to its customers, law enforcement agencies successfully subpoenaed the companies to hand over the requested data. With the ability to theoretically solve any crime with preserved DNA, law enforcement and websleuths alike are foaming at the mouth at the possibilities genealogy testing has to offer. If only we’d preserved some of Jack the Ripper’s DNA!

and are worth billions for their collection of the most personal consumer data in existence. Using

HELPING HEROES

NAVIGATING EMS WORKERS’ COMPENSATION

Every day, first responders put their lives on the line to save ours, and as the name suggests, they are the first line of defense after accidents, injuries, and turmoil. Because of the job requirements, these valuable experts can incur injuries from rushing into accident scenes, colliding with careless drivers, handling hazardous chemicals, and dealing with violent patients on a daily basis.

In order to submit a claim, an employee must do the following:

• Compile a detailed report of the accident • Visit a company-approved physician • Submit a WC-14 claim with the appropriate agency • Attend the claim hearings

For those whose daily work requires them to be vigilant for others, having to step back and find care for themselves can be overwhelming — and dealing with insurance companies can be even worse. Most insurance providers are more concerned with minimizing their payouts and will go to great lengths to blame first responders for causing their own injuries. That’s why proper legal counsel can be so important. An attorney can help you file your claim on time, organize and file the proper paperwork, and give you proper guidance on your next steps following an injury. Don’t fight for compensation alone. At the Law Offices of William F. Underwood, III, PC, our experts have years of experience helping Georgia’s first responders receive compensation for their injuries. Learn more by calling 229-999-4476 for a consultation.

Studies have found that EMS and emergency response personnel make hospital visits for work-related injuries at a higher rate than any other profession. In fact, on average, 22,000 first responders will visit the emergency room each year. With the heavy lifting and brute physical requirements of a first responder’s job, workers typically sustain back strains, limb sprains, nerve issues, and joint dysfunctions. But these injuries don’t have to be “just part of the job.” Like all other workers, they deserve to be properly compensated for their injuries. In Georgia, all employees must submit a workers’ compensation claim within 30 days of an injury or be subjected to losing out on the benefits they would have gained from the claim.

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OPERATION RANCH HAND

How Agent Orange’s Side Effects Still Haunt the U.S.

Though the U.S. and Great Britain had developed herbicidal warfare tactics during World War II, the strategy was first used by Britain in the 1950s. Nearly a decade later, the U.S. took a cue from their English counterparts and spread herbicides across Vietnam until 1971. This became known as Operation Ranch Hand, a covert plan to rid the Viet Cong of any agricultural or strategical land use by wiping out vegetation during the Vietnam War. The most common chemical used during this operation was referred to as Agent Orange. About 13 million gallons were spread across Vietnam, and it made up more than two-thirds of the herbicides used in the war. But its effects, and the effects of other herbicides, were severe. These herbicides concocted the deadliest type of dioxin, which is commonly produced during trash incineration and cigarette smoke. In the years that followed the Vietnam War, an alarming number of soldiers and their families were reporting cancers, immune dysfunctions, nerve disorders, skin conditions, miscarriages, and severe birth defects — the very same side effects creators of the chemical knew could happen to their enemies. Across the globe, Vietnamese officials would report 2 million cancer cases and half a million birth defects could be traced to Agent Orange.

In 1979, a class-action lawsuit comprised of 2.4 million veterans was filed against seven of the largest chemical companies who produced Agent Orange. A $180 million settlement was reached in 1984, but

more than 300 additional lawsuits pushed the settlement to 1988. The total climbed to $240 million with interest, but the legal action didn’t stop there. In 2004, Vietnamese citizens filed a class-action lawsuit against 30 chemical companies — including the original seven — for billions of dollars in damages for both health and environmental defects. A year later, the case was thrown out and the decision to dismiss was upheld by higher courts, much to the anger of the Vietnamese and U.S. veterans. No one should have to live with the detrimental side effects of a defective product. If you have been hurt, our experts can help. Call the Law Offices of William F. Underwood, III, P.C. at 229-888-0888. We Value You! At the Law Offices of William F. Underwood, III, P.C., the trust we build with our clients is our most valuable asset. To show our appreciation, we would like to thank the following clients who have referred others to us since our February newsletter:

Inspired by PaleoLeap.com

Shrimp Sausage Skewers

Ingredients •

1/2 pound raw shrimp, peeled and deveined 1/2 pound cooked sausage, cut into 1-inch pieces

2 tablespoons extra-virgin olive oil Wooden skewers, soaked in water for 30 minutes

Jackie Sargeant Emily Harris Kenneth West Neil Mayes and Cassandra Mayes

2 zucchini, cut into 1/2-inch cubes

Your recommendation and word are greatly treasured by everyone at our office. Clients can also leave their comments on our services through Google reviews ! These statements give us critical feedback and help other clients facing stressful life situations find a dependable lawyer. Previous and current clients can also receive free notary services at our office. Learn more about this service by giving us a call at 229-888-0888.

Creole Seasoning Ingredients • 2 tablespoons paprika • 1/2 tablespoon garlic powder • 1/2 tablespoon onion powder • 1/2 tablespoon cayenne or

chili powder

1/4 tablespoon dried oregano

1/4 tablespoon dried thyme

Directions 1. Heat your grill to medium-high. 2. In a bowl, combine all ingredients for creole seasoning. 3. In a large bowl, combine the shrimp, zucchini pieces, and sausage pieces, and cover them with the olive oil. 4. Add creole seasoning and mix well until all ingredients are covered. 5. Load up skewers with alternating pieces of shrimp, sausage, and zucchini until they’re full. 6. Grill skewers until shrimp are well-cooked (6–8 minutes)

Thank you for trusting us to serve you!

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

229-888-0888 www.puttingpeoplefirst.law

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inside Why We Value Mass Tort Cases PAGE 1 Genealogy Sites Provide Breakthroughs in Cold Cases PAGE 2 Workers’ Compensation for First Responders PAGE 2 Lawsuit Profile: Agent Orange PAGE 3 Shrimp Sausage Skewers PAGE 3 How Being Open to Growth Leads to Success PAGE 4

How Being Open to Growth Leads to Success THE POWER OF ‘MINDSET’ For decades, Dr. Carol S. Dweck studied the phenomena of success. How is it that some people are able to grow their business, stay fit, or achieve their personal goals while others in similar situations mindset trap. If you believe there’s nothing you can do to change your circumstances, you’ll never strive to improve them. The same is true of positive fixed opinions of yourself. Dr. Dweck points out that those who believe themselves to be “a great boss” or “an amazing athlete” are also doing themselves a disservice. Once you think your skills are tied to who you are as a person, you’ll avoid stall out? “Mindset” is Dr. Dweck’s answer to this question. Subtitled “The New Psychology of Success,” this book chronicles the Stanford psychologist’s findings, which suggest an inseparable link between belief and achievement.

challenging them for fear they might be found wanting. This leads your talents to atrophy as you seek detours rather than facing challenges head-on.

According to Dr. Dweck, people tend to think about the challenges in front of them in one of two ways. They either have a “fixed” mindset — believing that their talents and abilities are static, intrinsic properties of who they are — or a “growth” mindset — believing they can improve every aspect of themselves with practice and perseverance. Those who approach life’s hurdles as an opportunity for growth are the ones who find long-term success.

Dr. Dweck argues that, instead of falling victim to the pessimism and self-delusion that defines fixed mindset thinking, we need to recognize that the path to success lies in open-minded perseverance. “A person’s true potential is unknown (and unknowable),” she says. “It’s impossible to foresee what can be accomplished with years of passion, toil, and training.” Not only does “Mindset” drive this point home with well-documented experiments and studies, but it also provides a workshop to help people break free of their fixed mindset and find success.

If you’ve ever said “I’m just not good at math” or “I’m not a natural leader,” you’ve fallen into the fixed

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