Fleschner, Stark, Tanoos & Newlin June 2019

Fleschner, Stark, Tanoos & Newlin June 2019

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June 2019

a t h e

The older I get, days like Mother’s Day and Father’s Day become more meaningful. My mom is no longer with us; my dad will be 94 in July, and he’s dealing with all those aches and pains that come with being that age. I’ve realized how blessed I have been to have had parents who cared somuch about me, lovedme, and helped to instill the values I hold dear. When I look back onmy dad’s life, I realize how different our lives have been and how difficult he had it compared tomyself. My dad was the oldest son in a family of nine children. There were six girls and three boys. Being the eldest son, my dad was expected to work, even when he was very young. As a child, he helped on the farmdoing chores like milking the cows, feeding livestock, cleaning out the barn, and doing whatever he was told to do. His family had a German immigrant background. While my dad only knows a few German words, he recalls his dad, uncles, and other relatives speaking German whenever they were around one another. They lived through the Great Depression, which my dad still remembers vividly. On the farm, the family had a large garden. His parents gave away vegetables, eggs, milk, and even butchered meat to people who were unable to provide for their families. He said people were always stopping by to see if they had any food to spare. Then there was school. My dad and school just didn’t seem to get along. Many of his immigrant relatives didn’t have a high school education, so he thought it was normal to drop out of high school. So, he quit and started working in a coal mine before the age of 16. From then on, he worked in the mines for about 50 years. One summer when I was in college, he got me a job working in a mine. I’m sure he did that to showme that life was easier if you had a good education. That summer, the mine convincedme that hardmanual labor wasn’t something I wanted to do for the rest of my life.

Shortly after he started working in the mines, my dad was drafted intomilitary service. Like most sons of his generation, he was called upon at just 18. He went into the Navy and helped transport fuel to the troops landing at Normandy. I remember when he andmy son went to see“Saving Private Ryan.”My son told me that they had to leave after a fewminutes. My dad couldn’t relive the carnage he saw at Normandy. He was particularly troubled by the sight of seeing somany youngmen drown as they were going ashore. He felt bad because they were only able to rescue a few of the drowningmen. On top of that, my dad’s father was killed in a motor vehicle accident while my dad was away fighting inWorldWar II. He didn’t learn of his dad’s death until several weeks afterward. When I was 12, my dad was severely injured in a coal mining accident. He was not expected to survive, but he did! Within a few months, he was back in the mine working. He knew his family depended on him, and he wasn’t about to let them down. When he finally retired from coal mining, Dad couldn’t bear to sit down and relax. He loved working outside, mowing the lawn, cutting wood, and helping out family and friends. He was there to lend a hand to just about anyone. By the time my dad was in his 70s, it became clear my momhad dementia. He was determined to take care of her until the very end, and he did. He learned how to do things like laundry, housecleaning, paying bills, and caring for a wife who couldn’t care for herself. These days, he spends most of his time indoors. It’s gotten hard for him to walk, but he’s not about to give up. He does home exercises and had attended physical therapy to keep himself going strong. And, in spite of everything he’s faced, my dad still has a smile and a gleam in his eye. His faith, church, family, and friends are what help keep himgoing. He continues to maintain an almost unbelievable positive mental attitude.

So, I just want to say to Dad: Thanks. You have given somuch and expected little in return. Have a great Father’s Day. We all love you.

Our referrals continue to be one of the best ways clients find us, and we deeply appreciate it! for your trust and confidence. Thank you

This Father’s Day, be sure to call or visit the father figures in your life, whether it’s your own dad or someone else. Let him know how he’s positively influenced your life. It’s always good to remind our loved ones just howmuch we care. And have a great Father’s Day and wonderful summer!

1 (812) 232-2000

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u r n e y

h V i s i t i n g

The Mystery Spot; Santa Cruz, California Advertising itself as a “gravitational anomaly,” this wacky spot in the middle of the redwood forest showcases a series of optical illusions such as balls rolling uphill and a cabin where visitors can lean toward the ground and appear to defy gravity. It might not be aliens, like some believe, but visitors of all ages will get a kick out of the illusions messing with their perception. Plus, the nearby hiking trails through the redwoods offer a free added experience. Dinosaur Land; White Post, Virginia It might not be Jurassic Park, but it’s still worth a look. Nestled in the greenery of Northern Virginia, this park has over 50 life-size statues of dinosaurs of all kinds. Tours are self-guided, parking is free, and children (or adults) with dinosaur obsessions

The United States can be a weird place, and some landmarks definitely reflect that sentiment. Along almost every highway, bizarre landmarks draw road trippers of all ages. Sometimes tourist traps aren’t worth the price of admission, but when you’re taking your summer road trip this year and your family needs a place to stop and stretch, these are three roadside attractions worth checking out. The Lost Sea; Sweetwater, Tennessee The Lost Sea is the largest underground lake in the U.S. Lying 140 feet beneath the surface, it’s a fun escape from the summer heat, since it’s 58 degrees year-round. Kids and adults alike can learn about the history and geology of the area on a guided tour through forest above and lake below. And afterward, you can stop by the general store, ice cream parlor, or café.

are sure to smile and point out their favorites. It’s certainly something to “rawr” home about.

Whether these spots are your destinations or you’re just passing through on your summer road trip, visiting these roadside attractions and others like them will add some fun to your travels.

Monthly Question and Answer Slip and Fall Injuries

“I was shopping at Kroger and fell. I was checking out the organic vegetables and slipped on water on the floor. I have a fractured right lower leg. The adjuster told me I’m at least 50 percent at fault. Is that true?” It is only true if you cave in to the nonsense the adjuster is telling you. I admit, slip and fall cases can be difficult. I know many personal injury attorneys who refuse to accept slip and fall cases. It is not unusual for clients to tell us that before they called our firm, they talked to several other attorneys who turned down their cases. I understand the

I think the above defenses usually aren’t reasonable, and if the case is litigated, a jury hearing all the evidence will find in favor of the injured party. People don’t just spontaneously fall. We start walking when we are about 1 year old. We walk just fine for years and years. We don’t fall unless there is a reason, and the reason is that the store didn’t check the floor often enough to make sure nothing spilled. Key Point: When you are in a grocery store, the store does not want you looking at the floor. They want you looking up at the shelves. You are not looking at the floor because that is the way the store was designed.

reasons. Many people, and virtually all adjusters, believe it’s your own fault if you fall down. The argument is you wouldn’t have fallen if you were paying attention to where you were going. This is the old open and obvious argument: You should have been observant and known about the dangerous condition. It has been our experience that insurance companies almost always claim there was comparative fault, and the person falling was at least partially at fault for his or her own injury, regardless of what the evidence shows. This argument is made to reduce the amount of damages. In Indiana, if you are found to be 50 percent at fault, you are only entitled to a 50 percent compensation for your damages. If you are more than 50 percent at fault, you are barred from receiving any damages.

There is a saying in retail: “Eye level is buy level.” Stores reserve upper shelves for top brands (the most profitable products), while reserving lower levels for cheaper brands. There is an exception: Kid items are placed lower where kids can see and touch them. I once handled a case where a young boy picked up a bottle of blow bubbles from a lower shelf, opened it, and spilled part of the liquid contents on the floor. The store failed to do a customary periodic sweep of the

area, and our client slipped on the liquid and was severely injured. Ultimately, after filing a lawsuit, we were able to get a good

settlement for our deserving client.

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“After seeing so many others, some in grave health, being denied by Social Security after years that they filed a claim, I was referred to Fleschner, Stark, Tanoos & Newlin by their parent firm, Berg Injury Law Firm based in Fresno, California. After being refused by every attorney I contacted (was told they would not take me as a client until I received a denial letter from Social Security), they accepted me right away. From that first call, I was immediately assessed and went through an intake process. Everybody puts you at ease and explains things and the processes in terms you can understand. They’re all very knowledgeable, and I could always call with questions and get an immediate answer. The speed and promptness they display with getting documents for you to sign and date with a quick response and simple instructions is unmatched. It seemed like a very short timeline, and I had my hearing and won my benefits! I have referred many others, of which two are using their services (one is my daughter), and they are extremely pleased. I would and do refer this law firmwhenever I get a chance. They know their stuff. Thank you so much to the attorneys and staff at Fleschner, Stark, Tanoos & Newlin!” —Diane S. Our Clients Say It Best We Handle Case Types Did You Know We Handle All of These Types of Cases?

Employee of theMonth

PamQuiroz

Congratulations to our employee of the month, Pam Quiroz!

Pam has been with our law firm for 10 years this November. She is a medical records requester and she requests, submits, and calls to check status of medical records for our clients. Her favorite thing about her job is helping people from behind the scenes. People who voted for Pam said, “Pam is amazing and helps in whatever way she can so that things run smoothly!”

A L A A Z

With raw zucchini, toasted hazelnuts, and a robust Parmigiano- Reggiano, this early summer salad is a delight of different textures and flavors that will make a great side at your next cookout.

Ingredients

• • • • • •

3 small zucchini (3/4 lb.) 1/2 tsp lemon zest, grated 3 tbsp fresh lemon juice 3 tbsp extra-virgin olive oil Salt and pepper, to taste 1/4 cup toasted hazelnuts, coarsely chopped

• •

Mint leaves, for garnish Parmesan cheese, preferably Parmigiano- Reggiano, for garnish

• Bicycle crashes • Car accidents

• Medical malpractice • Wrongful death • Social Security disability • Family law

Directions 1. Using a mandolin or very sharp knife, slice zucchini lengthwise into extremely thin, wide ribbons. 2. Arrange zucchini ribbons on a plate, sprinkle with lemon zest, and drizzle with juice. 3. Drizzle oil over zucchini, season with salt and pepper, and toss. 4. Scatter hazelnuts over the top, garnish with mint and cheese, and serve.

• Pedestrian injuries • Slips, trips, and falls • Brain injuries

3 (812) 232-2000

Inspired by Food & Wine Magazine

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The Life of a Great Father

Roadside Attractions with Fun for All Ages Slip and Fall Injuries Employee of the Month Zucchini Salad With Toasted Hazelnuts

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Why You Need to Add This Exercise for Better Balance

Why Tai Chi Is Cooler Than You Think

Better Balance With the Internal Martial Art

When you think about martial arts, a few images come to mind: Mr. Miyagi, possibly nunchucks, and people breaking objects using impressive disciplined strength. But one of the most powerful martial arts you may not immediately picture is tai chi. This ancient Chinese form of combat in slow motion is an internal martial art that works from the inside out by developing the body’s internal energy, known as qi, or “chi.” In Chinese medicine, balanced qi is essential to good health. Hundreds of studies demonstrate the mental and physical benefits this quiet martial art provides. Because of its focus on posture, tai chi is particularly helpful for balance. In Harvard’s analysis of 20 different studies, tai chi was shown to improve cognitive function and slow the progression of dementia more than other forms of exercise. While the movements appear mild, the practice of tai chi requires discipline and strength. That’s part of the reason why it provides a powerful punch of health benefits and also why less than 5 percent of people stick with it. Some teachers say it takes three years to learn the basic movements of tai chi — and more than a lifetime to master.

Physical training, combined with the internal meditative aspect of tai chi, are the reasons martial arts legend Jet Li has turned to the exercise in recent years, even campaigning to make it an Olympic event. In an interview, Li explained his push to make tai chi a more widely recognized and accepted exercise: “In our attempts to push ourselves, we’ve lost sight of an important part of the sporting mindset: balance.” For anyone setting out on a mission to age gracefully, tai chi can help reduce your risk of falling with its focus on posture. An ounce of preventive tai chi may be worth a pound of cure; the Center for Disease Control reports that people pay an average of $35,000 in health care costs every time they fall. Many community centers and health and wellness facilities offer opportunities to learn tai chi, from free community classes to entire tai chi facilities. Go see for yourself why this is the martial art everyone should practice.

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