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SEPTEMBER 2024
Legally Brief W ith K evin P atrick Automobile accidents | Daycare injuries | wrongful death
Honoring Our Past, Shaping Our Future Let’s Celebrate Our Diverse Heritage and Hardworking Ancestors
Each of us has a family tree filled with incredibly unique and remarkable stories that make a community special. As we approach Heritage Day on Sept. 25, I can’t help but think about the power of diversity and the value of our different heritages. Our backgrounds and experiences make us strong, and I sincerely appreciate the hard work that has shaped us all. I also wonder whether it’s a coincidence that Labor Day happens to also be in September, as our ancestors often were the epitome of hard workers! Many people have a preconception about lawyers and their upbringing. While many attorneys come from a long line of elite professionals, my
heritage is not that of the stereotypical attorney. My great-grandparents were Irish immigrants who came to this country with dreams of a better life. My great-grandfather served in World War I and later worked as a streetcar conductor, while my grandfather fought in World War II and served as a fireman. These men were dedicated to their families and communities, and their hard work and sacrifices laid the foundation for the opportunities I have today. Growing up, I had the privilege of learning the value of hard work firsthand. I’ll never forget those early days of bussing tables at Outback Steakhouse. It was not glamorous but an essential part of my journey. That experience taught me the importance of diligence, perseverance, and respect for all types of work. No matter how seemingly minor, every role contributes to the greater good and supports our society. In our community, we see the impact of diverse backgrounds and experiences every day. Atlanta’s strength lies in its rich tapestry of cultures and histories. Whether a local business owner, a teacher, or a city worker, everyone’s contributions are valuable and worthy of recognition. Heritage Day is a perfect opportunity to honor these contributions and celebrate the hard work that has kept our community thriving. Labor Day is another reminder of the value of hard work and the contributions of all workers. These individuals often perform physically demanding and essential tasks that keep our society functioning smoothly. Their work is
meaningful, and their dedication is worthy of our profound respect and gratitude.
As an attorney, I am constantly reminded of the importance of perseverance. My journey to becoming a lawyer was paved with challenges and learning experiences. Each step, from bussing tables to studying law, has been a testament to the power of dedication and resilience. These lessons from my own life, combined with the legacy of my forefathers, have instilled in me a profound appreciation for the hard work that defines us all. That’s why I will always work hard to provide the justice our community deserves when they are injured. On Heritage Day, let us take the time to reflect on our own roots and the diverse backgrounds that make our community unique. I hope we can all honor the hard work and sacrifices of those who came before us and recognize the contributions of those who continue to work tirelessly to build a better future. With our unique stories and experiences, we each contribute to the rich mosaic of Atlanta and, even further, our country. Understanding and celebrating these differences makes us more
resilient and united. Happy Heritage Day to you and your family!
This publication is for informational purposes only, and no legal advice is intended.
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How to Find the Best Route for Your Injury Case Claims vs. Lawsuits Even though both terms are often used interchangeably, a claim and a lawsuit represent two distinct processes. Knowing which path to take can significantly impact the outcome of your case. That’s why we’ll break down the differences and determine which route might be best for your situation. HOW DOES A CLAIM DIFFER FROM A LAWSUIT? A personal injury claim is usually the first step in seeking compensation after an accident. This process involves filing a notice with the at-fault party’s insurance carrier, requesting payment for your damages. The goal is to negotiate a settlement without going to court. The process begins with notifying the insurance company of your intent to file a claim. This sets the process in motion, aiming to resolve the matter outside court. After investigating evidence, negotiation follows, where both parties aim to reach a settlement. A skilled attorney during this phase can make a significant difference, ensuring you receive a fair offer covering all your damages. If the parties reach an agreement, they resolve the claim without needing to go to court, providing a quicker and less stressful resolution. THE MECHANICS OF PERSONAL INJURY LAWSUITS When a personal injury claim does not result in a fair settlement or if the insurance company denies the claim, filing a lawsuit might be necessary. A lawsuit is a formal legal action in which one party sues another in court to seek compensation. The process begins by filing a complaint in court, outlining your allegations and the compensation sought. This formalizes the dispute and moves it into the legal system. Both parties then enter the discovery phase, exchanging information and evidence related to the case. This phase involves depositions, interrogatories, and document requests, helping both sides build their cases. If the case does not settle during discovery, both parties prepare for trial. This includes gathering witnesses, preparing legal arguments, and developing a strategy for presenting the case. If either party is dissatisfied with the trial outcome, they may file an appeal, which can prolong the legal process. HOW TO CHOOSE THE RIGHT PATH FOR YOUR CASE Navigating these processes can be challenging, so having an experienced personal injury attorney is crucial. Our team can guide you through the complexities, communicate with insurance companies, and represent you in court if needed. If you need help understanding your options, contact our firm today.
Thanks to our country’s perpetually in flux judicial system, countless laws are still on the books that echo times long gone. They’re outdated and absurd, often leaving citizens wondering, “What necessitated that rule?” Let’s look at some bizarre laws from across the U.S. (even if no one enforces them)! IF YOU’RE IN WYOMING, AVOID TATTOOING ANY HORSES. This law was made to stop people from making horses unrecognizable to their owners. Apparently, that was a big enough issue back in the day that it needed to be codified. DON’T TIE YOUR GIRAFFE TO A TELEPHONE POLE OR STREETLAMP IN GEORGIA. Isn’t it embarrassing when there’s nowhere to tie up the family giraffe on a quick errand? Wait, what? Don’t tie that long-necked beauty to the wrong anchor point in Atlanta. It’s believed this rule was enacted to prevent animal abuse, but it is unclear why lawmakers got so specific. GET MARRIED IN TEXAS BY PUBLICLY ANNOUNCING YOURSELVES AS HUSBAND AND WIFE THREE TIMES. Make it legal with three public announcements, even if only one spouse is present for the proclamation. The requirement states that both parties must be willing participants, over 18, and unrelated. ALL CATS IN NEW JERSEY MUST WEAR THREE BELLS TO ALERT BIRDS OF THEIR WHEREABOUTS. Outdoor cats are notoriously dangerous to the local wildlife populations, and Cresskill, New Jersey, decided they needed a law to protect feathery friends from their greatest foes. We’re not sure the cats are on board with this rule. IF YOU’RE CAUGHT FLIRTING IN NEW YORK, YOU COULD PAY A $25 FINE. In the early 1900s, flirting was such an issue that cities held an annual Anti-Flirt Week. This law aimed to help women feel safer on the streets by diminishing catcalling from passing motorists. Reportedly, a second offense would require the offender to wear horse blinders in public! While these laws may seem silly, no one enforces them anymore — even though they’re still on the books. Instead of holding any weight, they offer a glimpse into the concerns of our forefathers. The next time you encounter a strange law in your town, take a moment to ponder the history; you never know what you might learn about the place you call home. America’s Most Bizarre Legal Relics Laws Gone Wild!
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
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STAY AWAKE AND AWARE ON LONG DRIVES Fatigue on the Freeway
can lead to catastrophic accidents, causing severe injuries or fatalities. With the massive size and weight of commercial trucks, any lapse in attention can have devastating consequences. UNDERSTAND FEDERAL MOTOR CARRIER SAFETY REGULATIONS. To combat the dangers of fatigued driving, the Federal Motor Carrier Safety Administration (FMCSA) has established strict regulations. These regulations ensure truck drivers get adequate rest and are alert while on the road. Key aspects of these rules include:
automatically, ensuring compliance with HOS regulations. ELDs help prevent the tampering of driving records and make tracking and enforcing rest periods easier. Knowing these regulations is crucial to understanding whether a commercial truck driver was driving against FMCSA guidelines or if their company is the party at fault due to harsh working conditions. An experienced attorney can help you build your case with these requirements in mind. If a fatigued driver has affected you or a loved one, our team at Kevin Patrick Law is here to help. We understand the complexities of these cases and are committed to securing the compensation you deserve. Contact us today to discuss your case and learn how we can help you get started.
It’s all too easy to fall asleep, and the danger is even more prevalent for truck drivers. Long hours behind the wheel, tight deadlines, and the physical toll of driving can lead to severe fatigue, increasing the risk of accidents for themselves and others. We want to highlight these dangers and the critical regulations in place to mitigate them. KNOW THE RISKS OF FATIGUED DRIVING. When truck drivers become fatigued, their reaction times slow, and their ability to stay focused on the road diminishes. Falling asleep at the wheel
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Hours of Service (HOS) Regulations: These rules limit the number of hours a truck driver can be on duty and drive within a specific period. Mandatory Rest Periods: Drivers must adhere to weekly driving limits and take extended rest periods after working. Electronic Logging Devices (ELDs): These devices record drivers’ hours of service
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Stay informed and safe, and know we are here to support you if the unthinkable happens.
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TAKE A BREAK
Perfect Peach Cobbler
Ingredients •
6 cups sliced fresh peaches 1/2 cup granulated sugar 2 tbsp all-purpose flour 1/4 tsp ground cinnamon 1/4 tsp ground nutmeg 2 cups all-purpose flour
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1/3 cup packed brown sugar
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2 tsp baking powder
1/2 tsp salt
1/2 cup cold butter, cut into pieces
1/2 cup milk
2 tbsp butter, melted
Directions 1. Preheat oven to 375 F and grease an 8-inch square baking dish. 2. In a large bowl, combine peaches, sugar, 2 tbsp flour, cinnamon, and nutmeg; mix until blended, then spoon into prepared dish. 3. In a medium bowl, combine 2 cups flour, brown sugar, baking powder, and salt. 4. Cut in butter with forks or pastry knife until mixture resembles coarse crumbs. 5. Add milk and stir until just blended. 6. Drop dough by spoonfuls onto peach mixture and drizzle melted butter on top. 7. Bake for 40–45 minutes or until top is golden brown.
Solution
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Inside This Issue
1 The Power of Diversity and Importance of Heritage
2 Bizarre Laws That Are STILL on the Books!
Should You File a Claim or a Lawsuit?
3 Know the Dangers of Fatigued Truck Drivers
Perfect Peach Cobbler
4 The Supreme Court Ruling for the Apache
Follow Us @KPatricklaw
Becerra v. San Carlos Apache Tribe
Supreme Court Upholds Tribe Rights
SUPREME COURT ARGUMENT Justice Roberts delivered the majority’s opinion. He explained that tribes must collect income from third parties when they decide to run their own health care programs and that the associated costs they incurred were eligible for repayment because they resulted from the tribes’ contract with the IHS. The minority opinion, written by Justice Brett Kavanaugh, argued that the reimbursement would cost more and necessitate reallocating spending or an increase in taxation. THE TAKEAWAY This ruling allows tribes to effectively exercise greater self-determination without being penalized for the cost of administering their own health care program in conjunction with the IHS. It is a victory for tribes that run their own programs, but it does come at the expense of the federal government and possibly American taxpayers.
The U.S. Supreme Court has a lot of responsibility. Its decisions have ramifications on American jurisprudence and society as a whole. A June 2024 decision by the Supreme Court helps Native American tribes administer their own health programs, but some say the expenses outweigh the benefits. In the case of Becerra, Secretary of Health and Human Services, et al. v. San Carlos Apache Tribe , which was consolidated with Becerra v. Northern Arapaho Tribe , the Supreme Court ruled 5–4 in favor of the tribe. The tribe brought the lawsuit against the Indian Health Services (IHS) because they believed the IHS should assist with insurance payment collection. The ruling will result in the federal government paying more for the administrative costs incurred by Native American tribes operating their own health care programs.
THE HOLDING The Indian Self-Determination and Education Assistance Act, which went into effect in 1975, allows Native American tribes to contract with IHS to run their health care programs. The Supreme Court holds that the Act requires IHS to pay contract support costs tribes incur when collecting and spending program income from Medicare, Medicaid, and private insurance companies.
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