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June 2018

FAMILY LAW: The discovery process is crucial in contested divorces

LEGAL RESOURCE TheLegalAdvocate.com

Have you used one of these? If so, see page 8 for our must-read article

PERSONAL INJURY: Being a pedestrian may be hazerdous to your health

TAX LAW: What will happen if you filed your taxes late?

MESOTHELIOMA:

CRIMINAL:

SERVICES:

Ex-smokers can be compensated for asbestosrelated illness

Are you legally responsible for illegal items in your car?

Pre-settlement funding could be your lifeline during lawsuit

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The Legal Advocate – June 2018 | 3

T H E N AT I O N A L L AW F I R M

IF YOU NEED TO HOLD SOMEONE RESPO NSIBL E

A whole new perspective on legal news.

June 2018 Issue 6 PUBLISHER Joseph P. Belsito Joe@Belsito.com

MARKETING DIRECTOR Gregory W. Buff Greg@Belsito.com

WRITERS

Motor Vehicle Crashes

Personal Injury

Medical Malpractice

Cindy Donovan Mary Dickinson Steven Houghton Elizabeth Marquette David Nelms Leigia Raines Alyssa Stalzer Rodney Warner

DESIGN Gregory W. Buff Mimi Estes

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Workers’ Compensation

Wrongful Death

Disability Claims

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The Legal Advocate is owned by Belsito Communications, Inc., which is compensated by attorneys for marketing services, including the preparation of articles that provide general information on general legal issues commonly encountered by the public. The Legal Advocate is not a law firm and the content of the articles contained herein are not a substitute for an attorney or law firm. The Legal Advocate does not provide any kind of advice, explanation, opinion, or recommendation to any reader about possible legal rights, remedies, defenses, options, selection of forms or strategies the reader may have. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. If you need legal advice for your specific legal issue or problem, you should consult a licensed attorney in your area. The Legal Advocate does not endorse any particular lawyer, law firm, or legal service, nor does it guarantee either the quality of any lawyer, law firm or legal service, or the reliability or accuracy of any of the statements or opinions provided by a lawyer or law firm quoted or referenced in The Legal Advocate. The attorneys referenced or quoted in The Legal Advocate may or may not be licensed in your state. Certain jurisdictions may consider articles in The Legal Advocate to constitute Attorney Advertising. Prior results do not guarantee a similar outcome.

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Bankruptcy/Foreclosures/Mods...........4 Business..............................................7 Class Action.........................................8 Education.............................................9 Immigration....................................... 10 Elder Care........................................ 11 Employment...................................... 12 Mass Tort.......................................... 13 Medical Malpractice.......................... 14 Family............................................... 16 Mesothelioma................................... 17 Personal Injury.................................. 18 Nursing Home................................... 20 Veterans Administration.................... 21 Legal Services.................................. 23 Tax.................................................... 26 Criminal............................................ 27 Real Estate....................................... 28 Veterans Administration.................... 30 Trending News................................. 24

This Month in History...........................5 Crossword........................................ 29 Oddball Law...................................... 31

Cover Story

These arthritis relief remedies may have mislabeled their products.

Letter from the Publisher Thanks for picking up the latest issue of The Legal Advocate. We truly hope you’ll enjoy every page of this month’s magazine. Our June cover story sheds light on companies which may have misled consumers by labeling pain relief products with different ingredients then were actually in the product. Also in this edition, we cover an underreported phenomenon plaguing our healthcare system: the rise of sepsis-related deaths, and the repercussions it’s had in the form of medical malpractice lawsuits. But that just scratches the surface. We’re pleased Joseph P. Belsito to bring you a full issue packed with other articles on such topics as divorce basics, late @belsito.com tax filings, DUI, and so much more. As always, we always hope there’s useful information on our pages for you or someone you know. In addition to our wide array of legal topics, you’ll also find interesting and entertaining articles, puzzles and cartoons to enjoy each month. We hope you’ll become a regular reader. To that end, I’d love to hear your feedback on our magazine as well as suggestions for articles or ways we can improve.

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The Legal Advocate – June 2018 | 5

BANKRUPTCY

Coming up for air BANKRUPTCY CAN KEEP YOUR CREDITORS AWAY WITH A STAY Rodney Warner Staff writer There are two primary types of debt. Knowing the difference between the two is essential to understand the rights and obligations associated with the debt. The two types of debt are also treated differently if you file for bankruptcy as well. Unsecured debt is frequently used by individuals and families. For consumers, the most common type of unsecured debt is usually associated with a credit card or other kind of revolving credit line. Loans from friends or family members are also typically unsecured. Secured debt is associated with an asset. You put the asset up as “collateral” to secure the loan. The most common secured debts for consumers are usually for their homes or cars. Secured debts really come in two parts—the loan itself and the lien on the property used as collateral. “Creditors like having secured debt because then they can repossess or take back the property associated with the debt if you fall behind on your payments,” explains Francis O’Reilly, a New York attorney with Allen Chern. When a debt is secured by property, in some

states you do not technically own the property until it is completely paid off. In other states you own the property subject to the creditor’s right to repossess the property. That is why the lender may hold the title to a car, for example, until the loan on the vehicle has been paid in full.

time and effort for creditors to try to collect this additional amount,” said O’Reilly.

If a lender wants to get repaid based on unsecured debt, it will have to resort to other collection methods. Usually, that means that they will attempt to collect the debt using letters or phone calls. They may ultimately assert their rights to collection in court too. Once a lender has a judgment, it may be able to garnish your wages levy execution on your bank account or take other property.

Scott Goldstein, who was interviewed for this article, is an attorney with Allen Chern. If you would like to contact Allen Chern for more information, please call 855-466-3961.

Once a secured creditor repossesses the collateral, it will usually resell it to the highest bidder at auction. The asset is not always worth enough at auction to pay off the entire debt owed. The creditor still has an unsecured claim for the difference between the total debt and the sale price of the asset. The amount that is still left owing after selling the asset is known as a “deficiency.”

It is very important to realize which debts are connected to assets so you can fully appreciate your rights as it relates to each debt.

“Creditors like having secured debt because then they can repossess or take back the property associated with the debt if you fall behind on your payments.”

“While creditors can still go after you for the deficiency, they may not do so, although they retain the right to do so. It may not be worth the

Scott Goldstein

This month in legal history June 5, 1968

June 15, 1215

Robert F. Kennedy was shot at the Hotel Ambassador in Los Angeles, after celebrating his victory in the California presidential primary. He died in the early morning hours of June 6. A longtime advocate for the poor and disadvantaged, he made racial discrimination, the Vietnam War and economic injustice the focal points of his campaign.

King John signed the Magna Carta, the first charter of British liberties; it has since become the foundation for basic human rights in democracies throughout the modern world.

June 17, 1972 The National Democratic Headquarters, located at the Watergate complex in Washington, D.C. was broken into by a group of five men. After a long process of investigations, it was found that the men were part of the Committee for the Re-election of President Richard Nixon. The far-reaching cover-up of illegal activities eventually led to Nixon’s resignation in August 1974.

June 6 1872 After the 15th Amendment gave African American males the right to vote, women’s rights advocate, Susan B. Anthony led a group of women to vote illegally to test their civil status. She was arrested and fined $100, which she refused to pay. The 19th Amendment was finally passed in 1920, giving women the right to vote.

June 19, 1953

June 7, 1965 In Griswold v. Connecticut, the U.S. Supreme court struck down a law banning contraception. Thus guaranteeing the right to privacy and freedom from government intrusion concerning matters of birth control.

King John

After being found guilty of providing secrets to the Soviet Union about the atomic bomb, Julius and Ethel Rosenberg, were sentenced to death by electrocution. The execution was performed at Sing Sing Prison in New York.

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The Legal Advocate – June 2018 | 7

BUSINESS

Put our SBA Loans to work for you. Empire State Bank is an approved SBA lender, dedicated to growing businesses. Borrow up to $5 million. Benefits of SBA Financing include:  Working capital  Purchase real estate  Make improvements  Purchase equipment  Expand  Consolidate debts  Purchase a business  Construct a new facility  Finance a franchise.

Protect yourself and your business with a buy-sell agreement Cindy Donovan Staff writer If you’re starting a business but you’re not going it alone, to try to avoid future problems you need to take steps now. By putting together a buy-sell agreement all those who own the business can create a plan on what to do if one wants to leave the business, or if circumstances are bad enough, one can be removed from the business by the others involved. “Business owners may have great plans and ideas,” said Attorney Joseph P. Rones of Finkelstein & Partners. “But they don’t always come true. You need to expect the unexpected and put in place protections for all those involved.” A buy-sell agreement is one that’s made between business co-owners. It spells out what will happen if one chooses to leave the business and can also state under what circumstances one co-owner can be removed from the business by the others. It can lay out what will happen if a partner becomes too disabled to become involved in the business, dies unexpectedly, divorces or simply no longer wants to be a part owner.

with the company for personal gain, not live up to agreements with partners and leverage the assets and information owned by your company to benefit another. If this happens a buy-sell agreement can state how the person will be removed from the company and what compensation he or she will get. The agreement can create a mechanism by which a departing partner’s share of the business is given a fair value so the person leaving the business is reasonably compensated for the money, time and energy he or she invested. “A buy-sell agreement is a way to preserve your interests in a business and to protect the business in case the relationships between the owners change. Battling partners can run a business into the ground. If there’s a documented exit strategy for a partner the damage can be limited and the business can survive,” Rones said.. Joseph Rones, who was interviewed for this article, is an attorney at Finkelstein & Partners. If you would like to contact Finkelstein & Parners for more information, please call 877-487-2897.

Without a buy-sell agreement a partial owner may: • Sell his or her stake, or give it away, to people other co-owners don’t trust or feel comfortable with

• Lose part of his or her share through a property division in a divorce proceeding or may transfer the ownership share to an estranged spouse as part of a larger divorce settlement • Sell the ownership stake to a third party because he or she needs to liquidate it to pay off debts or back taxes A fellow co-owner may abuse his or her position

“Business owners may have great plans and ideas, but they don’t always come true.” Joseph P. Rones ATTORNEY

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The Legal Advocate – June 2018 | 9

EDUCATION

CLASS ACTION

Still hurting? Rodney Warner Staff writer It’s against the law to sell a product labelled as one thing when it’s something else completely different. That could be considered fraud and violate consumer protection laws. Glucosamine supplements are often used by those seeking relief from joint pain caused by arthritis. If you’re buying these supplements you may be buying one containing a cheaper, less effective formulation that’s not as advertised. “Fraud is often committed against those who are ill and suffering because they’re eager to find relief. Some companies will find a way to boost profits while playing fast and loose with the truth,” said Jeremiah Frei-Pearson, an attorney with Finkelstein, Blankinship, Frei-Pearson & Garber. Glucosamine is a chemical found in the human body and in shellfish. The human body uses it to produce other chemicals that help build tendons, ligaments, cartilage and the thick fluid that surrounds joints. If you suffer from osteoarthritis, the cartilage in your joints breaks down over time and becomes thin. This causes joint friction, pain and stiffness. Some researchers believe that using glucosamine supplements could increase the cartilage and fluid surrounding joints, help prevent breakdown of these substances or possibly both. In many supplements glucosamine and sulfate are the active ingredients. Sulfate is added to help the body to produce cartilage. This is why some researchers believe that glucosamine sulfate could work better than other forms of glucosamine, including glucosamine hydrochloride and potassium sulfate, two entirely distinct, cheaper and less tested compounds. Glucosamine hydrochloride has a different molecular structure. It’s more concentrated than the sulfate type and contains less sodium, but fewer studies have been done to determine its effectiveness. A purported class action lawsuit was filed against Walmart in federal court in Missouri in March claiming their store brand glucosamine tablets are mislabeled. Plaintiffs allege Walmart’s mislabeled glucosamine tablets are considered “adulterated” under federal law and the company sold a product that has much less value than its label and advertising claims. The defendant is accused of being aware that there is

If you’re buying glucosamine supplements you may not get what you’re paying for little to no evidence that the glucosamine hydrochloride in Walmart’s pills reduces the pain of osteoarthritis, while glucosamine sulfate has been shown in studies to reduce the pain of osteoarthritis.

Your special ed student can’t just be warehoused by his school

“Packaging and advertising a product as one thing while it’s actually something cheaper and less effective

“Fraud is often committed against those who are ill and suffering because they’re eager to find relief.”

Jeremiah Frei-Pearson ATTORNEY

is against the law. Companies that do this should be held accountable and a class action lawsuit representing all those who’ve been defrauded is one way to do it,” said Frei-Pearson. Jeremiah Frie-Pearson, who was interviewed for this article, is an attorney at Finkelstein, Blankinship, Frei-Pearson & Garber. If you would like to contact Finkelstein, Blankinship, Frei-Pearson & Garber for more information, please call 844-431-0695.

The following supplements may falsely claim to consist of Glucosamine Sulfate: Spring Valley Glucosamine Sulfate 1000mg Doctor’s Best Glucosamine Sulfate 750mg Puritan’s Pride Glucosamine Sulfate 1000mg Now Glucosamine Sulfate 750mg Finest Natural Glucosamine Sulfate 1000mg 365 Everyday Value Glucosamine Sulfate GNC Glucosamine Sulfate 500mg The Vitamin Shoppe Glucosamine Sulfate 1000mg Nature’s Bounty Glucosamine Sulfate 1000mg TwinLab Glucosamine Sulfate Dietary Supplement

Rodney Warner Staff writer A school system needs to challenge its special education students so they make educational progress under federal law. If you think your child is just filling space in his or her school without getting the benefit of an education there may be grounds for a legal action so your child gets the help he or she needs. Last year, the Supreme Court ruled in the case of Endrew F. v. Douglas County School District that students must make “appropriately ambitious” progress in their special education programs under the federal Individuals with Disabilities Education Act (IDEA). The law requires that a student with a disability receives a “free appropriate public education,” through a uniquely tailored “individualized education program” (or IEP). The court held that a school must offer an IEP reasonably calculated to enable a child to make progress given the child’s circumstances. “The case put school systems on notice they’re to educate disabled students, not just keep them occupied during the school day,” said Jennifer Safier, an attorney with Fine, Olin & Anderman, LLP. “Not properly educating a disabled child holds him or her back while his or her peers continue to advance. These children are

general student population. His parents became frustrated by his lack of progress and the school’s educational plans for him, which failed to include any goals or expectations of progress.

“Not properly educating a disabled child holds him or her back while his or her peers continue to advance. These children need help, not baby sitters.”

Jennifer Safier ATTORNEY

entitled to learn, not just be babysat.” The Endrew case involved a student with autism. Due to his severe behavioral issues, the school district placed him in a classroom away from the

Endrew’s parents withdrew him from the public school he attended and placed him in a specialized, private program where he progressed appropriately. The parents then sued their Colorado school system for reimbursement of the costs of private schooling for their son. Chief Justice Roberts wrote in the decision that as per IDEA, students with special needs must be given goals and challenges that will have them progress, just as would be expected of their mainstream curriculum peers. Otherwise, a special education student will barely receive any education at all. If not required, school systems will not create an appropriate curriculum and just wait for these students to drop out or age out of school. “School systems have a lot of leeway when creating an IEP, but the IEP must consider the student’s unique needs and institute a plan that will move the child’s education forward at an appropriate rate, not just creeping along,” said Safier. Jennifer Safier, who was interviewed for this article, is an attorney at Fine, Olin &Anderman. If you would like to contact Fine, Olin &Anderman for more information, please call (855) 734-5676.

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The Legal Advocate – June 2018 | 11 ELDER CARE AND ESTATE PLANNING

IMMIGRATION

The Diversity Visa Program Benefits Immigrants and the U.S. Rodney Warner Staff writer Does the country benefit from immigrants from across the globe? Congress believed so when it approved the Diversity Visa Program but the Trump Administration wants to bring it to an end. While critics of the program see it as helping random people in poor countries, the country benefits from citizens from a variety of cultures, able to speak multiple languages and who value the opportunity to live in the U.S. About a million immigrants are granted permanent legal resident status (they obtain a “green card”) and about 50,000 of them obtained that status through a lottery system. They are randomly drawn from roughly 13 million entries by individuals who are from countries with low rates of immigration to the U.S. About 20,000 of these visas go to immigrants from European countries, 20,000 for those from African countries and about 8,000 go to Asian immigrants. Unlike other immigration programs, no family connection in the U.S. is needed, the person doesn’t need an employer or sponsor in the country or special, marketable skills. They must have a high school education or two years in an occupation that requires formal training. “What many people don’t seem to understand is that the DV Program is not some selfless act

“What many people don’t seem to understand is that the DV Program is not some selfless act on our part.”

Frank Massaro ATTORNEY

on our part. We benefit from the diversity that these individuals bring to the United States. That is why countries that are part of the program are considered countries that we have determined to be underrepresented in the United States,” said Frank Massaro, Of Counsel to Advocates United for their immigration matters.

The program went into effect in 1995 and was designed to help a growing number of undocumented Irish immigrants in New York and Massachusetts. Later a large number of Polish, Ukrainian, Uzbek, Bangladeshi and African immigrants were able to come to the U.S. through the program. “Another important point to know is that many people who are selected from the DV Program do not have the opportunity to benefit from their selection. This is because they may already be in the United States unlawfully. Everything can depend on how long they have been in unlawful status. In any event, many people who are selected do not ultimately get a green card,” said Massaro. Critics of immigration claim immigrants can’t be screened enough to prevent allowing those who might do harm in the country. An Uzbek who came to the country in 2010 through a lottery visa carried out a truck attack in Manhattan last year, killing eight. But potential security issues exist for all potential immigrants and those obtaining lottery visas aren’t held to a lower standard for background checks. Frank Massaro, who was interviewed for this article, is an attorney who is Of Counsel to Jacoby & Meyers for their immigration matters. If you would like to contact Jacoby & Meyers for more information, please call 877-504-9075.

Will you be

Sittin’ Pretty? Why Couples Should Consider Long-Term Care Planning Strategies now

Cindy Donovan Staff writer For most young couples, the possibility that one spouse may need long-term nursing care in the future seems remote; it’s uncommon for couples in their 20s or 30s to think about long-term care planning for their own estates. As we age, however, the likelihood of needing care rises. Couples in their 40s and 50s, and those approaching retirement may benefit from proactive planning about how to pay for future long-term care, if it’s needed. According to the Genworth Cost of Care Survey, the national median cost for one month of nursing home care in a private room reached $8,121 in 2017, and the average length of stay in a nursing home is more than two years. In New York State the costs range from $9,722 in the central counties to $12,428 in the Northern Metropolitan region. It’s easy to see how quickly a lifetime of accumulated assets could dwindle when needed for long-term care expenses.

based on the amount and types of assets the couple owns. Common strategies include pre-paying expenses and debts, pre-planning for funeral and other final expenses, using trusts, retirement accounts, life insurance, and/or lifetime gifting. “Be careful about giving away assets in an attempt to remove them from your estate without talking to an elder law attorney first,” Rones cautioned. “Medicare and Medicaid laws can be complex. Transferring assets for less than they are worth or giving away assets could trigger penalties based on Medicaid ‘look-back’ provisions.”

“Be careful about giving away assets in an attempt to remove them from your estate without talking to an elder law attorney first.”

If protecting assets from being used for future long-term care expenses is an important goal for the couple, they may have several options. “Couples who haven’t purchased long-term care insurance may want to consider exploring whether one or both spouses are eligible for coverage,” said Elder Law Attorney Joseph P. Rones, with Finkelstein & Partners. “A financial advisor can also be a great resource, providing estimates of your future financial needs during your retirement years.”

None of us knows if, or when, long-term care may be needed. Engaging in proactive planning now can provide valuable peace of mind.

Couples may want to consider long-term care planning strategies that would protect either of them, if the other needed care in a nursing home or other facility. The best way to do this will differ from couple-to-couple,

Joseph Rones, who was interviewed for this article, is an attorney at Finkelstein & Partners. If you would like to contact Finkelstein & Parners for more information, please call 877-486-7140.

Joseph P. Rones ATTORNEY

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The Legal Advocate – June 2018 | 13

Seroquel’s side effects and off-label use harming patients

EMPLOYMENT

No small matter Are Employees of Small Businesses Protected Against Sexual Harassment?

If you’ve been sexually harassed at work you may have legal options to help protect you and your job. Those options depend on how many employees work with you and where you’re located. Generally, the larger your employer the more protection you may have under the law.

Rodney Warner Staff writer Big Pharma continues persuading physicians to write off-label anti-psychotic medications regardless of how harmful they could be to patients or the big price drug manufacturers are having to pay because of this practice.

“Medication manufacturers are required to test their products and receive government approval before they can release them into the public.”

One example is Seroquel, an antipsychotic medication that also goes under the quetiapine fumarate generic name, and is used for treating bipolar disorder, schizophrenia MASS TORT and other mental illnesses. Over the past several years, over 25,000 product liability lawsuits have been brought up involving Seroquel. Lawsuits and federal litigation alleged that Seroquel’s manufacturer, AstraZeneca: • Didn’t disclose some of Seroquel’s dangerous side effects, such as rapid gaining of weight in children, developing diabetes, and potential fatalities when the elderly with dementia use Seroquel. • Persuaded physicians to prescribe the medication for non-FDA approved treatments, such as for post-traumatic stress disorder (PTSD), insomnia, children under 10 years of age, and people who have anger management problems. Off-label medication use involves physicians writing prescriptions for drugs for dosages or indications the FDA hasn’t approved. And, off-label drug use is becoming quite common regardless

Andrew Finkelstein ATTORNEY

of the medical specialty, but it is seemingly more common in medical specialties where patients are not as likely to be part of clinical trials like: • Pregnant women • Pediatrics • Psychiatric patients “Medication manufacturers are required to test their products and receive government approval before they can release them into the public,” said Attorney Andrew Finkelstein of Advocates United. “They also must warn patients of all known drug side effects once approved.” There are some exceptions, however. Drug

manufacturers aren’t responsible for unusually susceptible individual’s extreme reactions. This means they don’t have to anticipate every possible negative reaction that every possible plaintiff can experience. AstraZeneca ended up having to pay out $520 million in April 2010 to settle the lawsuit, which revealed that doctors received kickbacks as part of the illegal marketing scheme for the drug’s unapproved, off-label uses. There are still countless other civil lawsuits. To settle cases, by the end of 2011, AstraZeneca paid out over one billion dollars. Annual reports reveal that Seroquel was a blockbuster drug for AstraZeneca, bringing in sales of $3.6 billion from 2014 to 2016. “If you’ve been injured due to a physician’s, pharmacist’s or drug company’s neglect in their responsibility to warn you about all potential, known side effects, you have some recourse. An attorney can help you decide the responsible party you may be able to sue”, according to Finkelstein. You might wish to hire an experienced attorney who specializes in this type of product liability litigation if you’ve experienced adverse, dangerous side effects as a result of taking Seroquel or have been prescribed it for an off-label use. Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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The federal law that makes workplace sex discrimination and sexual harassment illegal is Title VII of the Civil Rights Act of 1964. It covers private employers with fifteen or more employees who worked for at least twenty calendar weeks in the current or previous year. If you work for a very small company with the number of employees in that range whether federal law applies may come down to how many workers were there for how long, over what time frame. No matter the size of the employer no one should be sexually harassed at work. Those working at smaller employers may have fewer options as to what law applies and where a lawsuit can be filed, but victims should at least consider what can be done.

anti-discrimination laws that cover sexual harassment. The size an employer needs to be to fall under a state law varies, with some covering as few as one employee. The harassment may also have happened in a city, town or county with its own anti-discrimination ordinance. If you file a sexual harassment lawsuit and federal law doesn’t apply state or local law could be used instead. If a small business is owned and managed by one person he or she may feel more entitled to do as he or she pleases and abuse this position of power. Someone who feels there’s little or no consequences if sexual harassment is committed may be more likely to commit it. Usually sexual harassment complaints are made internally to a human resources department. There may not be such a department in a small business. Even if there is one, as a practical matter, the person in charge may have little or no power to disci-

pline a manager or the owner even if an investigation shows sexual harassment took place.

No matter the size of the employer, there are some businesses that don’t take sexual harassment seriously. No matter the size of the employer, there are some businesses that don’t take sexual harassment seriously. If the problem can’t be resolved by the employer a legal action can help protect the legal rights and interests of those being harassed. Insight for this article was provided by Fine, Olin &Anderman. If you feel you’ve been affected by a situation such as this one you may contact Fine, Olin &Anderman at 855-734-5676 to discuss it further.

Nearly all states have their own

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MEDICAL MALPRACTICE

On the rise Death rate from sepsis is growing Mary Dickinson Staff writer Over a million individuals in the U.S. develop sepsis each year. As a result, around 15 to 30 percent of them die, according to the National Institutes of Health (NIH). Unfortunately, the number of sepsis cases is increasing and expected to continue to rise.

Sepsis Symptoms

S E P S I S

Shivering, fever or very cold Extreme pain or general discomfort (“worst ever”)

Sepsis is a deadly condition where the immune system of your body attacks your organs when attempting to fight the infection. It’s a leading cause of death in U.S. hospitals and only recently has the country begun to realize the extent of the issue. “Doctors need to adopt and follow sepsis screening and treating protocols in order to save lives lost as a result of a potentially life-threatening sepsis case,” said Kenneth Fromson, an attorney with Advocates United.

Pale or discolored skin Sleepy, dificult to rouse, confused “I feel like I might die” Short of breath

Watch for a combination of these symptoms. Is you suspect sepsis, see a doctor urgently, call 911, or go to a hospital and say “I’m concerned about sepsis.”

The National Institutes of Health (NIH) has several theories as to why the rate of sepsis is increasing in Americans. These theories include:

• People live longer and therefore there are more cases. • There are more antibiotic-resistant infections. • Organ transplants are more common and increase your risk of sepsis due to immune suppressing medication treatment. That said, it’s becoming common for many doctors to fail to diagnose life-threatening sepsis. Fromson says the reasons for missed sepsis cases include: • Failure or delay in diagnosing sepsis. • Failure in treating the patient for sepsis. • Not taking care of a wound properly. • Not recognizing important vital sign changes like tachypnea, or abnormally rapid breathing, which could indicate looming sepsis. • Doctors resisting guidelines and protocols to screen and treat sepsis. • Poorly implemented processes for screening and treating sepsis. For several years now, malpractice claims

Source: sepsis.org

regarding sepsis or severe infection have been increasing. Risk management experts believe it’s partly due to the increasing awareness that patients need early diagnosis and intervention in order to avoid a potentially fatal outcome. For each hour of not being on antibiotics for septic shock, the mortality rate increases by 7.6 percent, according to a study published in the journal Critical Care Magazine. Another study concludes that for every hour that healthcare providers failed to follow and complete anti-sepsis protocols, specifically in three-hour window known as “the severe sepsis 3-hour resuscitation bundle,” mortality rates climbed by up to four percent. “If you or a loved one have developed or had sepsis,” says Fromson, “and you believe it was due to medical negligence or failure to diagnose on the physician’s part, you may have a case and should seek representation.” Kenneth Fromson, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

“If you or a loved one have developed or had sepsis and you believe it was due to medical negligence or failure to diagnose on the physician’s part, you may have a case and should seek representation.” Kenneth Fromson ATTORNEY

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The Legal Advocate – June 2018 | 17

FAMILY LAW

MESOTHELIOMA

Divorce Basics

Ex-smokers with mesothelioma can still be compensated for asbestos-related illness

The Discovery Process

Lara Sykes Staff writer Ideally, all issues in a divorce are amicably resolved by the parties without the need for litigation. In reality, however, most divorces are not so simple. “Emotions are usually running high during a divorce, making it difficult for the parties to reach agreements on the various issues involved in the divorce,” said Jennifer Safier, an attorney with Fine, Olin & Anderman, LLP. “The discovery process, which is required when a divorce is contested, helps the parties focus on the financial facts involved in the divorce instead of the emotions.” Although the divorce process is governed by state law, there are some common steps to a divorce when there is martial property regardless of what state the divorce is pending. After the divorce complaint or petition is filed, the parties must exchange financial information. This allows for the fair negotiation of a Marital Settlement Agreement or, if the parties are unable to resolve their issues, for the attorneys to prepare for trial. “The discovery process allows both sides to obtain various types of financial information from the other side. That information is then used to counsel a client as to what the best course of action would be. according to attorney Safier. There are four types of discovery “tools” that might be used during your divorce. Which type of discovery tool is used will depend on several factors, including the type of information sought. Interrogatories

are written questions sent to the opposing party that must be answered truthfully, under penalty of perjury, and may call for lengthy responses. A Request for Admissions of Fact is also a list of questions; however, they only ask the opposing party to admit or deny without elaboration. As the name implies, a Request for Production of Documents (also known as “Discovery and Inspection”) asks the opposing party to produce copies of requested documents, such as tax returns, bank statements, etc.. Finally, a Deposition is an opportunity to question the opposing party (or a witness) in person, outside of the courtroom but with a court reporter recording the entire process. The person being de-

“The discovery process allows both sides to obtain various types of financial information from the other side.”

Jennifer Safier ATTORNEY

posed is under oath and the responses can be used at trial to impeach the deponent if he/she gives a contradictory answer. If a party does not comply with discovery demands subpoenas can be issued. A party could also be found in contempt or have a negative inference drawn against them based on their failure to comply. “The discovery process is an important, though often lengthy and tedious, step in the divorce process because it helps provide a complete and objective picture of where both sides stand,” explained attorney Safier. “Without completing the discovery process we would effectively be negotiating a settlement or going to trial blind.” Jennifer Safier, who was interviewed for this article, is an attorney at Fine, Olin &Anderman. If you would like to contact Fine, Olin &Anderman for more information, please call 855-311-5639.

Rodney Warner Staff writer Malignant mesothelioma is a type of incurable, fatal cancer caused by asbestos, a mineral fiber. Many of those with the disease may also have smoked tobacco. Though tobacco use has been linked to increased risks of several types of cancer, mesothelioma isn’t one of them. If you have mesothelioma you can seek compensation for your injuries whether you smoked or not.

in, they often travel to the ends of small air passages and reach the pleura, where they can cause inflammation and scarring. This may damage cells’ DNA and cause changes that result in cancer developing. If swallowed, these fibers can reach the abdominal lining, where they may cause peritoneal mesothelioma. smoking hasn’t been found to cause mesothelioma. Those injured by asbestos exposure can make claims for compensation for their injuries. Because there have been tens of thousands of asbestos-related legal claims some businesses that sold asbestos containing products have declared bankruptcy.

“Many victims have reached the age where they hoped to enjoy their retirement, instead mesothelioma robs them of their lives,” said Joe Belluck, an attorney with Advocates United. “Those who supplied raw asbestos and companies making products with asbestos are responsible for the harm done.” Malignant mesothelioma starts in cells in the linings of certain parts of the body, especially in the linings of the chest or abdomen. Mesothelial cells line the inside of the chest, abdomen and around the heart. Pleural mesotheliomas start in the chest. About three of four mesotheliomas are pleural mesotheliomas. Peritoneal mesotheliomas begin in the abdomen and make up most of the remaining cases.

“Many victims have reached the age where they hoped to enjoy their retirement, instead mesothelioma robs them of their lives.”

As part of the bankruptcy process billions of dollars have been set aside in trusts to help victims of asbestos exposure cover medical expenses, lost wages and other living expenses. A history of tobacco use won’t bar mesothelioma legal claims. “Mesothelioma can be suffered by someone with very little exposure to asbestos,” Belluck said. “Smoking isn’t an issue when it comes to causing mesothelioma or excluding a victim or their family from gaining the compensation they deserve.” Joe Belluck, who was interviewed for this article, represents mesothelioma victims. If you would like to contact for more information, please call 877-637-6843.

Asbestos exposure is the main cause of pleural mesothelioma. When asbestos fibers are breathed

Joe Belluck ATTORNEY

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PERSONAL INJURY

Pedestrian Accident Facts:

Watch YOUR

Step

Being a pedestrian may be hazardous to your health

“Pedestrians and drivers need to ... be aware of what’s going on around them and avoid potential hazards so everyone can get home safely.”

The National Highway Trafic Safety Administration reports these statisics for 2013, the most recent year the data is availale for. ■

There were 4,735 pedestrians

killed in traffic crashes. ■ On average, a pedestrian was killed every 2 hours and injured

every 8 minutes in traffic crashes. Pedestrian deaths accounted for 14 percent of all traffic fatalities in motor vehicle traffic crashes. ■

■

More than two-thirds (69%) of

the pedestrians killed in traffic crashes were males

Steven Houghton Staff writer You may walk from place to place because you don’t want to drive, you want to get some exercise or you can’t afford a car. No matter the reason because of vehicle accidents being a pedestrian is becoming more dangerous. For years the rate of fatal pedestrian accidents declined but recently that trend reversed. Nearly 6,000 pedestrians were struck and killed by vehicles on public roads in 2016, the most recent year with complete federal Department of Transportation information. • That’s a 46% percent increase from the record low number of 4,109 pedestrians killed in 2009. • Two years ago the country had the highest number of pedestrian crash deaths since 1990. • The rate of pedestrian fatalities per 100,000 people in 2016 was the highest since 1998.

Andrew Finkelstein ATTORNEY

“People are being encouraged to walk to get more exercise and use cars less to help the environment,” said Andrew Finkelstein, an attorney with

Advocates United. “But drivers pose an increasing risk to those trying to do the right thing.” There may be a number of reasons for the sharp increase. The Governors Highway Safety Association (GHSA) issued a report in February laying out different explanations, • Increased pedestrian fatalities match an increase in smartphone use. Deaths related to distracted driving are, generally, decreasing but pedestrians may also be distracted by their use and walk into dangerous situations without realizing it. • Pedestrian fatalities saw the greatest increase in states where recreational marijuana use is legal. Like smartphones, marijuana use can impair both drivers and pedestrians. Alcohol use is another factor in pedestrian fatalities. If alcohol is involved in such an accident, it’s the pedestrian who’s more than twice as likely to be the one drinking as the driver. According

to the National Highway Traffic Safety Administration 18% of drivers and 38% of pedestrians involved in fatal pedestrian accidents tested positive for alcohol. Smart Growth America, an advocacy group for walkable cities, created an index of pedestrian danger that considers income and rates of health insurance use by residents. Cities that are poorer or have more uninsured people tend to see more pedestrian fatalities. Less wealthy cities may also spend less on safe, walkable street design, which could be a reason for pedestrian deaths. “Pedestrians and drivers need to wake up to this situation. They need to be aware of what’s going on around them and avoid potential hazards so everyone can get home safely,” added Finkelstein. Andrew Finkelstein, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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The Legal Advocate – June 2018 | 21

NURSING HOME Rodney Warner Staff writer If you have a loved one living in a nursing home or assisted living facility, you don’t want the person to be too restrained but not enough restraint could also be deadly. If an elderly resident wanders outside he or she could suffer serious injuries or death due to exposure to extreme weather, a fall or motor vehicle accident. “Cases of the elderly being seriously injured or killed because of wandering can be heartbreaking. If only a staff member was more attentive or the door was locked or an alarm was in place the tragedy wouldn’t have happened,” said Michael Feldman, an attorney with Advocates United

Flight Risk?

There are many things a facility can do to lessen the risk of a resident wandering off, known as elopement,

Nursing home and assisted living residents can wander into trouble

• Each resident should be evaluated for the likelihood he or she will wander off premises and staff should be made aware of those with higher risks,

• If the facility isn’t secure enough to safely house the resident, he or she should be placed in another one that is. • Doors leading to dangerous interior spaces and the outside should be locked or at least alarmed, • Personnel should be actively walking around the facility at all

hours and be aware of residents who are in the wrong place at the wrong time, and, • All public areas, including the outside of the building, should be covered by security cameras. Any security personnel viewing a resident leaving or in a dangerous location needs to take immediate action. Sometimes facilities don’t take all the steps they should to keep residents safe and they suffer as a result. Procedures may be in place but they may not be enforced and training drills may not take place. The Alzheimer’s Association estimates that up to 60% of dementia sufferers will wander. Brain damage due to the disease makes it easier for the person to get lost and harder for them to ask for help. The dangers increase in extreme weather or if there is something especially hazardous nearby like a lake, river, forested area, busy street or highway. “A nursing home that’s understaffed, doors to the outside aren’t properly locked and employees don’t appreciate the risks of a resident walking away is a place where it’s just a matter of time before a resident walks off the premises and into trouble,” Feldman said. Michael Feldman, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888208-8105.

“Cases of the elderly being seriously injured or killed because of wandering can be heartbreaking.” Michael Feldman ATTORNEY

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Dirty water Service members who were exposed to contaminants may qualify for benefits David Nelms Staff writer If you were stationed at Camp Lejeune in North Carolina from 1953 to 1987, there’s a good chance you drank, showered, or swam in water that contained toxic chemicals. Veterans who were exposed to VETERANS ADMINISTRATION contaminated water and have resulting medical conditions based on that exposure may be eligible for Veterans’ disability benefits. According to estimates, as many as 900,000 service members were potentially exposed to water tainted by jet fuel and dry cleaning chemicals that leached into wells. The issue prompted lawsuits by veterans’ organizations, which claim military personnel in Camp Lejeune housing used contaminated water for years. In 2012, the Department of Veterans Affairs (VA) extended free medical care to affected veterans and their families for esophageal cancer, breast cancer, kidney cancer, multiple myeloma, renal toxicity, female infertility, scleroderma, non-Hodgkin’s lymphoma, lung cancer, bladder cancer, leukemia, myelodysplastic syndromes, hepatic steatosis, miscarriage, and neurobehavioral effects. However, the VA did not presume that those same medical conditions were related to exposure to the contaminated water for disability compensation purposes until March 2017.

“When people hear about service connected disability, they often think about Marines serving in combat and being harmed by enemy fire,

“These chemicals are responsible for serious harm to veterans. The federal government is doing the right thing by offering these benefits...”

Christine Clemens ATTORNEY

but service members can be exposed to many different types of harm during their military service. These exposures can lead to serious and long term medical conditions,” said Christine Clemens, an attorney with Advocates United. “We may not have thought that danger would lurk in a refreshing glass of water on a hot North Carolina summer day, but it did.” According to Clemens, “it has been a long road for veterans suffering from Camp Lejeune

water contamination related disabilities to gain acknowledgement by the VA of that danger. For many veterans and their families, this recognition may be too little too late.” The VA now provides for service connection of eight conditions, which the VA presumes are related to the exposure. These benefits cover active duty, reserve, and National Guard members who developed one of eight diseases: adult leukemia, aplastic anemia, bladder cancer, kidney cancer, liver cancer, multiple myeloma, non-Hodgkin’s lymphoma and Parkinson’s disease. To qualify for benefits, veterans need to provide evidence of their diagnosis and confirmation that they were at Camp Lejeune for at least 30 days from August 1, 1953 through December 31, 1987. The VA will continue to explore whether there is sufficient scientific evidence to recognize more conditions than just the eight. “We certainly can’t change the past, but we can recognize it. It is an important first step for veterans and their families, but we would like to see more. The VA can and should do better for our veterans,” Clemens said. “To that end, Veterans advocacy groups will continue to encourage research and expansion of benefits to these Veterans and their survivors.” Christine Clemens, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

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The Legal Advocate – June 2018 | 23

Consumer legal funding could be your lifeline It’s possible to get cash before your settlementwith no risk of the outcome Being a provider for your family isn’t easy but, at least before the accident, you were able to pay your bills on time so your family could finally have some financial security. After your injuries caused a loss of income, the bills, unfortunately, kept coming. And now with the holiday season upon us, you are left wondering how you will make ends meet.

LEGAL SERVICES

You’ve been assured that the proceeds expected from your lawsuit will more than cover your medical and living expenses, but lawsuits can take a long time to be resolved. What are you supposed to do right now? It may be years before you get your day in court, and until you get the compensation you deserve, you need a way to pay your bills now. Pre-settlement funding, or consumer legal funding, may be a way to get you the cash you need now.

for a claim to settle, a family may be forced to miss credit card payments or payments on other necessities which could have an immediate and long-term impact on a family’s finances. Consumer legal funding helps families avoid these financial traumas caused by accidents.

Would you like more information? Visit us at TheLegalAdvocate.com

Phil Greenberg, who was interviewed for this article, is General Counsel at Oasis Financial. If you would like to contact Oasis Financial to discuss your specific situation you can do so at 800694-6084.

A consumer legal funding company provides non-recourse money in exchange for a portion of the anticipated future settlement proceeds. If the case is settled, the consumer legal funding company receives the previously agreed upon amount they purchased. It is not a loan. There are no periodic payments or fees. Best of all, there is no risk to the consumer. If you lose your case, there is nothing owed to the consumer legal funding company. According to Phil Greenberg, General Counsel at Oasis Financial, “Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.” Many families are unprepared to face a life-altering emergency. More than half of U.S. households are surviving paycheck-to-paycheck, which means that a car accident, job loss, illness, or injury could put a family at serious financial risk. If an injury prevents a plaintiff from working, it may be difficult to stay up-to-date on bills. While waiting The content of this page is covered by and subject to the Legal Disclaimer found on Page 3 of this edition.

DWI/DUI

What to do and not do if you’re pulled over for

Suspected DWI

Elizabeth Marquette Staff writer No one wants to get pulled over by the police, especially after drinking alcohol. If you want to limit the chances of an arrest and conviction of driving while intoxicated (DWI) there are things you should do and not do.

“Consumer legal funding helps families by providing a safe financial choice to replace lost income now, not years after an accident occurred that disrupts or changes your life.” Phil Greenberg GENERAL COUNSEL, OASIS FINANCIAL

Politely refuse. The results of this test (which can include walking a straight line or touching your nose) are based on the officer’s opinion, are arbitrary and can be used against you. If you’re asked to take a breath test refusal will probably result in a suspended license, complying may result in a DWI arrest and a suspended license. If despite all these refusals the officer thinks there’s probable cause and arrests you, you could be forced to take a blood test. The breath test results may be easier to challenge in court but your breath isn’t stored and the test can’t be taken over again. A blood test must leave an extra sample for the defense to test to possibly dispute the results.

If you’re being followed by local law enforcement with lights flashing and siren sounding, pull over. If asked to provide your license, vehicle registration and proof of insurance, do so. You need to remain calm. Before you say or do anything, take a moment to think. The state has the burden of proving a driver has broken the law. Don’t give them evidence that will make their job easyier. Once you’re pulled over under the law you’re “detained” and not free to leave but you’re not “in custody” either. Try to remember the Miranda rights you’ve heard countless times on TV. Since you’re not in custody the officer doesn’t need to read you these rights. You may be asked if you know why you’ve been pulled over, if you’ve been drinking and if so, how much or whether it’s affecting you. Lying isn’t a good idea and answering could be very

damaging. Say you don’t know why you were pulled over (you’d just be guessing anyway). Politely decline to answer the questions about drinking. You may be asked to take a field sobriety test.

You just have to do your best to protect your rights. Don’t become upset, don’t argue and don’t do or say anything that makes it appear you’re drunk. If you’re arrested you and your attorney can decide how to best handle the situation and limit the harm you’ll suffer. Insight for this article was provided by Advocates United. If you feel you’ve been affected by a situation such as this one you may contact Advocates United at 888-208-8105 to discuss it further.

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24 | I The Legal Advocate – June 2018

Trending News

The Legal Advocate – June 2018 | 25

Family members of 9/11 victims win lawsuit against Iran See more at TheLegalAdvocate.com

A whole new perspective on legal news.

Too Faced Cosmetics sued for falsely advertising mascara Two makeup lovers from California are suing Too Faced Cosmetics, a boutique brand that creates cruelty-free cosmetics, for falsely advertising its Better Than Sex mascara. Jodi Floth and Veronia Eshelby filed the complaint after purchasing the defendant’s popular brand of mascara and realizing that the product did not provide 1,944 percent more volume as advertised. The mascara, sold for $23 on TooFaced.com, is meant to increase eyelash volume and dramatic effect with its hourglass shaped brush. According to the plaintiffs, Too Faced falsely advertised this mascara, violating the Consumer Legal Remedies Act, False Advertising Law and Unlawful Prong of the Unfair Competition Law. Floth and Eshelby and requesting a trial by jury, seeking award for compensatory and punitive damages, injunctive relief, costs, expenses and any other relief the court sees fit for all affected class members.

Family members of 9/11 victims won a multibillion-dollar lawsuit against the country of Iran for allegedly aiding in the fatal attacks on the Twin Towers. “The Islamic Republic of Iran, the Islamic Revolutionary Guard Corps and the Central Bank of the Islamic Republic of Iran” are all named as defendants in this enormous suit. Loved ones of 1,008 victims will receive large sums of financial relief. Each spouse is set to receive $12.5 million, each child will receive $8.5 million and each sibling will receive $4.25 million. Unfortunately, it’s unlikely that Iran will ever payout. Still, many loved ones are looking at the judgment as a victory. The defendants crimes have been recognized in

a court of law and justice is set to be served. In addition, this case will help with current and future civil suits against Saudi Arabia. One attorney for the plaintiffs stated, “In December 2011, a New York federal court held a hearing and found that the evidence presented established that Iran’s provision of material support to al-Qaeda was a cause of the 9/11 attacks and the resulting damage, injuries, and deaths.” He added, “It is difficult for those injured or left behind to ignore the findings of the federal court about Iran’s culpability. But those findings should not overshadow the mountain of evidence presented against Saudi Arabia, which remains central to the plaintiffs’ case.”

Seeking justice for Justice

An American quarter horse, righteously named Justice, is suing his owner for $100,000, claiming her neglect caused the animal severe suffering that will leave him forever debilitated. According to the potentially groundbreaking lawsuit, Justice suffered from weight loss, a prolapsed penis due to frostbite, lice and rain rot. The Animal Legal Defense Fund is defending the horse plaintiff throughout the case. The lawsuit states, “As a result of this neglect, Justice was left debilitated and emaciated. These injuries will require special and expensive medical care for the remainder of his life.” Last year, former owner and defendant Gwendolyn Versher plead guilty to criminal animal neglect, but her battle is far from over. The lawsuit notes that the state of Oregon recognizes animals as victims who deserve to seek legal remedies from their abusers. It states, “Justice is asking the Court to take these well-established rules to the logical next step and recognize that as a member of the class intended to be protected by Oregon’s anti-cruelty statute, Justice may bring a negligence per se claim based on the standard of care in the [state’s] anti-cruelty statute.”

26 | I The Legal Advocate – June 2018

TAX

The Legal Advocate – June 2018 | 27

What are the repercussions for filing my taxes late? Elizabeth Marquette Staff writer here are some deadlines in life that simply should not be missed. At least not if they’re at all avoidable. Such is the case with the April 15 deadline Uncle Sam sets for filing taxes. Fortunately, if you’ve missed the deadline to file, you have a few options available to you. There are avenues available to help, such as installment and offer-in-compromise agreements, to get back on track and keep Uncle Sam satisfied. On the flip side, if you’re late in filing, you’re going to have to pay with your wallet.

“With that in mind,” warns Attorney Michael P. Earner, who has an advanced law degree in Taxation, “late filers must work fast to get their paperwork in order and get their tax return filed in order to minimize the late penalties and interest they must pay”. If you’ve filed an extension for filing your taxes, that’s a good first step. But, it’s important to understand that the deadline extension is only for filing taxes. Taxes owed should have been paid no later than April 17, 2018. So, if you were late in paying your taxes, you’re subject to penalties — two in fact:

The failure-to-pay penalty, on the other hand, is only one-half to one percent of unpaid taxes per month (or a portion of a month) until the obligation is paid in full. If both penalties apply, the maximum penalty applied for both combines is five percent per month.

“Late filers must work fast to get their paperwork in order and get their tax return filed in order to minimize the late penalties and interest they must pay.”

Michael Earner

• A failure-to-pay penalty.

ATTORNEY

The penalty for filing late begins accruing the day after the filing deadline and is currently assessed at a typical rate of five percent of unpaid taxes per month (or a portion of a month) the tax return is late (and up to 25 percent of your unpaid taxes).

Are You Legally Responsible for Illegal Items in Your Car?

Earner offers assurances that the IRS is not completely without a heart, stating, “Taxpayers may

• A failure-to-file penalty. You’ll also owe interest on any amount of taxes you pay after the April 17th deadline. The extension also does not eliminate failure to file penalties, which are typically harsher than failure-to-pay penalties.

CRIMINAL

not be required to pay an additional penalty for late filing or late payment if they are able to show reasonable causes for failing to file or pay on time. The best practice is to file and pay on time, every time, though, when it comes to the IRS.” Michael Earner, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

Leigia Raines Staff writer You might find yourself scoffing at a news story about a criminal defendant who swore the drugs, guns, or other illegal items police found during a search of his vehicle belonged to someone else. But if you share a car, moonlight as a driver-forhire, or even just give an acquaintance a ride across town, a simple traffic stop could land you in legal hot water if a search reveals something illegal.

should have known—your vehicle was being used to transport something illegal. Depending on what the item is and whether you crossed any state boundaries during your trip, you could be facing state charges, federal charges, or both. One defense to an allegation of constructive possession is a passenger’s actual possession. Someone who has contraband in their pocket, on their person, or in a purse or bookbag they brought into the vehicle is considered to have actual possession of it. This means others in the car—including the driver—can’t usually be held legally responsible. But once the contraband leaves the passenger’s possession, determining ownership and control can be much trickier.

When contraband is discovered in a vehicle, the owner and/or driver is presumed to have constructive possession of the items. This legal principle can apply even if the owner doesn’t have any actual knowledge that the contraband is there. One of the most unfortunate situations comes about when a driver consents to a search of their vehicle under the assumption there’s nothing to find, only to be shocked when the police officer (or K9) turns up contraband in their console, glove compartment, door pocket, or trunk. Only a handful of state laws create any meaningful difference between constructive possession and actual possession. When contraband is found in your vehicle, even somewhere outside your immediate reach, you can often face the same level of criminal charges as someone with contraband in

It’s a good idea to be discerning when it comes to lending your car or giving rides. Remember you don’t have to consent to a search of your vehicle. Even if you know you haven’t done anything illegal yourself, you don’t want to be taken by surprise with what your passengers are holding. their own pocket. “I didn’t know it was there” may not be enough to avoid arrest if the officer thinks you knew—or

Insight for this article was provided by Advocates United. If you feel you’ve been affected by a situation such as this one you may contact Advocates United at 888-208-8105 to discuss it further.

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The Legal Advocate – June 2018 | 29

REAL ESTATE

Crossword Putting the pieces together How an attorney can help when buying or selling a home David Flint Staff writer Depending on the state where you live, it may be a legal requirement to have an attorney when engaging in a real estate transaction. Even when not required by law, it is often wise to do so since real estate laws and certain home sales can be complicated. There are a good number of reasons why hiring a real estate attorney is in your best interest when buying or selling a home. Foremost, a real estate attorney will thoroughly review all documents involved with your negotiation. Whether you’re selling a property or buying, a binding contract will eventually be signed. These contracts are complex both legally and factually, which makes a real estate lawyer’s knowledge and attention to detail invaluable. A lawyer will put his or her legal acumen to work for you, reviewing all documents to make sure there are no critical mistakes to harm your interests. Even if your state does not require a real estate lawyer to close a transaction, an attorney will help you avoid any contract pitfalls related to local real estate laws. This is especially important when your real estate deal involves complex facts such as the following: • As seller, you have outstanding judgments or liens • The property being sold is distressed • The property is being sold with a partner who is not cooperating According to Jennifer Safier, an attorney with Finkelstein & Partners, “property issues based on specific state laws are rarely handled well without the legal knowledge and counsel provided by a real estate lawyer who is knowledgeable concerning the laws affecting a sale or purchase.”

by Myles Melor

Family Law

one spouse to another 2 Birth-related 3 Attracted 4 The “I” problem 5 Drink that may be herbal 6 Supporting 7 Parts of a week 9 Car fuel 10 Up to, for short 13 Husband or wife 14 Legal term for opposing a line of questioning during a case 15 See children, for example 16 East coast time setting 19 Term referring to the arrangements for the children during and after a divorce 20 Unimportant 23 Draw up legal papers 25 Endorses 28 Wedding vow, 2 words 29 ___- negotiable 30 Weight, for short

At the typical home sale, you will be engaging with the buyer’s attorney. Being asked legal questions you are incapable of answering can lead to an uncertainty that your interests are being properly protected. With an attorney by your side, you’ll have an advocate who works on your behalf. There are, of course, times when a real estate transaction may be unique. If you own a large plot of land, you may wish to sell only a few acres or restrict how sold land can be used or developed by the buyer. Similarly, the following issues are unique, and complex enough that you will want an attorney representing you: • Sales involving easements • Property transactions involving zoning disagreements

“Property issues based on

• Transactions that may have disagreements on oil, gas or water rights

specific state laws are rarely

If your sale involves such facts, Safier says “it is wise to hire a lawyer at the start of the transaction. Doing so will protect you from dealing with a major conflict on your own should a dispute arise.”

handled well without the legal knowledge and counsel provided

Across

by a real estate lawyer.”

For many, buying or selling a home is the largest purchase they will ever make. As such, an experienced attorney is a valuable ally when you need answers and advice for this important transaction. Jennifer Safier, who was interviewed for this article, is an attorney at Finkelstein & Partners. If you would like to contact Finkelstein & Partners for more information, please call 888208-8105.

Jennifer Safier ATTORNEY

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1 Legal process whereby a marriage can be dissolved 6 Note taking paper 8 Written questions served by one party on another that must be answered in writing 11 Pour ___ on troubled waters 12 Legally end a marriage 17 Ending for ideal, one who believes in noble principles 18 Luxury boat 21 Fair, as a judge

22 Take advantage of 23 Cease to consider, as a case 24 Refers to legally 26 Place to live 27 Giving the Clerk of the Court your legal papers 31 Slip into, as clothing 32 Playthings 33 Leaves another spouse or children without supporting them

Down

1 Payment of support provided by

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30 | I The Legal Advocate – June 2018

The Legal Advocate – June 2018 | 31

Bridging the gap Jessica Underwood Staff writer If you’re too disabled to work you may qualify for Social Security disability benefits. You need not suffer a condition that will keep you unemployed forever. You could qualify as long as your impairment is expected to last at least a year. If that’s your situation, you’ll need to apply for benefits in order to receive them. “There are many people who can’t work but whose medical condition won’t last for years to come,” said Advocates United attorney Vincent J. Rossillo. “Social Security disability isn’t just for those who don’t expect to ever work again. The impairment needs to be long term, but not life long.” Social Security pays only for total disability but that disability need not last for years. The Social Security Administration would consider you disabled if, • You can’t do the work that you did before,

You don’t need a lifelong disability to qualify for Social Security Disability benefits • You can’t adjust to other work because of your medical condition(s), and, • Your disability has lasted or is expected to last for at least one year or to result in your death. To meet the time requirement, you need to have a physical or mental impairment which can be diagnosed by a health care provider. You must be terminally ill or your condition has lasted, or can be expected to last, for at least twelve months in a row. Your condition need not have lasted for twelve months by the time Social Security determines you’re disabled. The duration requirement can be met if it’s expected a recovery will happen after the twelve-month period, assuming your impairment also prevents you from working for at least twelve months in a row. The SSA looks to see if you have a severe impairment, whether that’s from a single impairment or combination of health issues. Your impairments, by themselves, may not be serious enough to prevent you from working for at least a year but collectively, they may be disabling. Someone with a heart condition, high blood pressure, diabetes and depression may be totally disabled, because of their combined impacts, while any of those impairments individually might not be severe enough to justify benefits. “Anyone who’s looking at being out of work for a year or more because of a medical or psychiatric condition should consider applying for disability benefits. The money could be critical to keeping a family financially afloat until the pay checks start back up again,” said Rossillo. Vincent Rossillo, who was interviewed for this article, is an attorney at Advocates United. If you would like to contact Advocates United for more information, please call 888-208-8105.

“Social Security disability isn’t just for those who don’t expect to ever work again. The impairment needs to be long term, but not life long.” Vincent J. Rossillo ATTORNEY

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Oddball Law Open the mouth

by Alyssa Stalzer

GET BOOT THE

WORKERS COMP/DISABILITY/SSDI

ood old friendly trash-talk happens everywhere - on the football field, at the baseball game, at cheerleading competitions and wrestling matches...even during cook-offs. But if you find yourself at a boxing match in the state of Louisiana, be sure to put a lid on that trash-talk! It is illegal for spectators at a boxing match to mock players during a match. The same law also makes it illegal for spectators, or anyone present during a boxing match, to place bets on the boxers’ odds. No matter how much you want to yell out the word “wimp” to the opposition and bet all your hardearned cash on your favorite boxer, you can’t – unless you want to be thrown out of the match. In that case, you may feel more humiliated than the guy you called a wimp in the first place. The law states, “There shall be no insulting or abusive remarks made by seconds, managers, or spectators and directed at the contestants. The officers of the club, and the secretary of the commission, shall at once eject persons who violate this or any other provision of this chapter.” You won’t receive a fine or any jail time, but you won’t get a refund for your tickets either!

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