Author: ravosalegalpad

Today is National Falls Prevention Day

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With changing temperatures come seasonal hazards, so we wanted to pass along some tips to help keep you and your loved ones safe and injury-free:

  1. Watch your step: Be cautious when walking on wet or slippery surfaces, especially after rain or when leaves accumulate. Walking at a slower pace and taking smaller steps will help you maintain stability.
  2. Clear your paths: Keep your sidewalks and driveways clear of leaves, debris, or potential obstacles. Regularly sweep or rake them to prevent accidents for yourself and others in your neighborhood.
  3. Wear appropriate footwear: Choose footwear with good traction and non-slip soles. Avoid high heels or shoes with smooth bottoms that may increase the risk of slipping.
  4. Proper lighting: As the days grow shorter, ensure that outdoor areas are well-lit to improve visibility during the evening and early morning hours.

If you or someone you know has suffered injuries due to a slip and fall incident, don’t hesitate to reach out. Our attorneys specialize in personal injury law and can provide guidance and support in navigating legal matters related to claims like these and others. 

Even if you’re not sure an accident was a “slip and fall,” call our office. We have attorneys happy to listen and offer their expertise.

Child Passenger Safety Week – September 17-23

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This week is Child Passenger Safety Week, taking place from September 17-23. During this week, we’re committed to providing you with vital information and actionable tips to ensure the safety of your smallest passengers.

First, a few key facts:

4 Tips to Ensure Child Passenger Safety

  1. Select the right car seat: Use a rear-facing car seat for infants and toddlers until they reach the maximum weight or height limit specified by the manufacturer. Move to a forward-facing car seat with a harness when your child outgrows the rear-facing seat and then to a booster seat until they can properly fit in a seat belt–usually around 4 feet 9 inches tall. Get custom guidance here. 
  2. Install the car seat properly: Follow the car seat manual and your vehicle’s owner’s manual for correct installation instructions. Ensure the car seat is securely installed and does not move more than one inch side-to-side or front-to-back. Place the car seat in the back seat, preferably in the middle.
  3. Insist on seat belt safety: Teach your children the importance of buckling up every time they get in the car and set a good example by wearing your seat belt. Ensure the seat belt fits properly: the lap belt should rest on the upper thighs, not the stomach, and the shoulder belt should cross the shoulder and chest, not the neck.
  4. Complete regular car seat checks: Take advantage of free car seat inspections by a certified Child Passenger Safety Technician to ensure your child’s seat is correctly installed.

By implementing these guidelines and staying informed, we can work together, this week and always, to significantly reduce risk and protect the most vulnerable in our community. 

If you have any questions about child passenger safety or any other legal matters, please don’t hesitate to give us a call. We’re here to do whatever we can to keep your family safe and secure.

Benefits of Incorporating Your Business

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Incorporating your business can provide numerous benefits that can help you achieve long-term success and protect your personal assets.

First and foremost, incorporating your business separates your personal and business liabilities. By forming a legal entity, such as a corporation or a limited liability company (LLC), you create a distinct legal entity that is separate from yourself. This means that your personal assets, such as your home or savings, are protected in case of any business-related lawsuits or debts.

Incorporating your business also enhances your credibility and professionalism. When you incorporate, you gain a professional image that can attract more customers, clients, and investors. It demonstrates that you are serious about your business and are committed to its long-term growth and success.

Furthermore, incorporating your business can provide tax advantages. Depending on your jurisdiction, you may be eligible for various tax deductions and benefits that are not available to sole proprietors or partnerships. This can help you save money and reinvest it back into your business.

Lastly, incorporating your business can facilitate easier access to funding. Many lenders and investors prefer to work with incorporated businesses as they offer more stability and legal protection. By incorporating, you may have better access to loans, lines of credit, and investment opportunities that can fuel your business growth.

If you are serious about taking your business to the next level and safeguarding your personal assets, it is highly recommended to consider the option of incorporation.

If you have any questions or would like further information, please feel free to reach out to our office.

What to Know: Fraud, Bankruptcy, and Supreme Court Ruling

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A 2023 ruling by the Supreme Court that may have implications for Americans facing bankruptcy. 

On Wednesday, February 22, 2023, the Supreme Court unanimously ruled that a California woman, Kate Bartenwerfer, could not use the U.S. bankruptcy code to avoid paying a $1.1 million debt resulting from her partner’s fraud. The original judgment in 2012 was $200,000, but a decade of interest caused the amount to balloon. The court held that Bartenwerfer owed the debt even though she was not aware her husband had falsified statements about the condition of their house when they sold it for more than $2 million to a San Francisco developer.

Interestingly, the ruling cited a Supreme Court decision in 1885 that two partners in a New York wool company were liable for debt due to fraudulent claims of a third partner even though they were not themselves guilty of wrongdoing.

This ruling establishes that a person who acted together in a partnership can be held responsible for debt resulting from fraud committed by a partner or third party, even if the person was unaware of the fraud being committed. It also highlights the importance of carefully reviewing and disclosing pertinent information when buying or selling property to avoid potential legal and financial consequences. It is important to note, that although the parties were married, the Court focused on their business partnership in its analysis.

With that brief overview noted, if you’d like to discuss this or other bankruptcy-related matters further, please feel free to reach out.

Traffic Safety Month

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As a firm that specializes in personal injury, we’ve seen the devastating impacts of unsafe traffic behavior far too often. That’s why, with National Traffic Safety Month upon us, we want to take this opportunity to offer some key safety tips for drivers and pedestrians. 

Driver Safety Tips:

  • Always wear your seatbelt and make sure all passengers do as well.
  • Follow the speed limit, and be sure to adjust your driving for weather and traffic conditions. (Sometimes, that means going under the speed limit!)
  • Stay focused on the road, avoid using your phone, and minimize other distractions.
  • Yield to pedestrians in crosswalks, and watch for people walking or bicycling in bike lanes.
  • Never drive under the influence of drugs or alcohol. Keep in mind you’re often much more impaired than you or others might think.
  • Not always sure who has the right of way at a stop sign? It’s easy to forget some traffic law nuances, so I recommend taking some time each year to review basic traffic rules. 

Pedestrian Safety Tips:

  • Always use sidewalks and crosswalks when available, and look both ways before crossing the street.
  • Make eye contact with drivers before crossing the street to ensure that they see you.
  • Avoid using electronic devices, such as smartphones or headphones, while crossing the street.
  • Wear reflective clothing or carry a flashlight when walking at dusk or night to increase visibility to drivers.
  • Teach children pedestrian safety rules and always accompany young children when crossing the street.

I hope that you find these tips useful and that you will join me in promoting traffic safety this month and throughout the year. And, of course, do not hesitate to reach out if you have any legal questions or needs.  

What You Need to Know About Non-Compete Agreements

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As you may have heard, there have been some key developments recently regarding the legality of non-compete agreements. 

Given that this news will have implications for businesses across the United States, I wanted to reach out with an overview of the situation:

  • Earlier this year, the Federal Trade Commission (FTC) proposed banning companies from enforcing non-compete agreements as part of their employment arrangements. 
  • While that proposal remains pending, the National Labor Relations Board (NLRB) recently released a memo stating that it found non-compete agreements to violate labor laws unless “narrowly tailored.”
  • All of the activity around noncompete agreements is not limited to the federal level. Several states have already adopted legislation rendering certain non-compete agreements invalid, and new legislation has been proposed in New York, New Jersey, and Minnesota. 
  • While this may be a positive sign for the just-under one in five U.S. workers impacted by such arrangements, many businesses now find themselves wondering how to best protect their intellectual property from the impacts of employee turnover. 
  • With changes pending and pronouncements potentially still to come, it’s important that business owners and operators reevaluate their current employment contract procedures to remain compliant with any required alterations or impacts. Whether a contract is compliant – at least at this time – is likely to be on a case-by-case basis, so it’s worth individual review by an attorney. 

On that note, if you have questions about your existing contracts or would like one of our professionals to review them for compliance, please do not hesitate to respond to this email or give the office a call.

As always, our team of legal experts is here to help you navigate the business law landscape with confidence and clarity. 

Make A Will Month

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August is Make a Will Month. This is your reminder about the importance of creating and updating your estate planning documents. 

Even though soaring inflation has caused one in four Americans to recognize a greater need for estate planning, the unfortunate reality is that only 34.1% of Americans have a will in 2023, and even fewer have an up-to-date will. 

In light of that, below I’ve shared five ways an up-to-date will ensures your family is protected in the event something happens to you:

  1. Distributing assets – A will outlines how you want your assets, including digital assets, to be distributed after your death and allows you to specify who gets what, how much, and when.  
  2. Appointing executors – A will also enables you to name an executor to manage your estate after your death. This person will distribute your assets according to your wishes, pay any debts or taxes owed, and handle other administrative matters.
  3. Avoiding disputes – Without a will, your assets will be distributed according to state law, which may not align with your preferences. This can lead to confusion, disputes, and even legal battles among family members.
  4. Providing for minor children – If you have minor children, a will allows you to name a guardian to take care of them in the event of your death, ensuring your children will be provided for and raised according to your wishes.
  5. Minimizing taxes – A properly drafted will also help minimize estate taxes and other expenses that may be owed after your death.

To ensure all of the above elements are updated, your will should be reviewed every three to five years or sooner if you’ve undergone significant life changes (e.g., marriage, divorce, birth of children).

With that said, please feel free to reach out if you’d like assistance with any estate planning needs or updates. In the meantime, I hope you and your family have a wonderful end to summer!

Returning to Work After Injury

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Most of my clients who have been injured want to return to work as soon as they can, but they are often unsure about how this process will work. 

With that in mind, I wanted to proactively outline some advice regarding a return to work: 

  • Maintain open communication. Make sure you are communicating with your employer during and after the treatment process so they have an estimated time frame in mind. Doing so can also help them prepare for any accommodations that may be required for your return. 
  • Do not return to work too early. Returning to work too early can cause you to reinjure yourself or slow your healing and affect your ability to contribute fully to your job. It’s always better to wait until you are cleared by your doctor. 
  • Reach out if you receive a Notice of Ability to Return to Work. You may receive a Notice of Ability to Return to Work form from the doctor affiliated with the insurance company. This suggested return-to-work timeline may clash with your personal doctor’s recommendation. Keep in mind that this does not mean you have to return to work, but it does mean the insurance company is considering removing or limiting your benefits. Given that, you should quickly get in contact with legal representation when this happens; we will likely recommend receiving a second opinion from another doctor as soon as possible. There’s no need to panic, however, as a judge will usually review your case before any benefits are suspended or rescinded.
  • Follow – and file away – work restrictions. If your doctor has recommended any restrictions upon returning to work, such as modified lifting, sitting, or standing, make sure your employer and direct supervisor know and that you keep a copy of these restrictions on you when you return to work.  
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Perhaps the most important thing to remember is that you shouldn’t be forced to return to work before you are healthy, and we’re here to help you if such a situation arises.

With that said, if you have any questions about returning to work after an injury or workers’ compensation rights in general, please do not hesitate to reach out. 

Summer Boat Safety

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With summer in full swing, I wanted to take a moment to remind you of the importance of boat safety and responsible boating practices, especially since boating accidents have surged 25.1% during the pandemic.

As you prepare to hit the water this season, keep these safety tips in mind:

  1. Wear life jackets – Always wear a U.S. Coast Guard-approved life jacket while on the water, even if you are a strong swimmer.
  2. Stay alert and sober – Alcohol was the leading known contributing factor in fatal boating accidents in 2022, accounting for over 88 deaths. It is crucial to avoid alcohol or any other substances that may impair your judgment while operating a boat.
  3. Follow navigation rules – Familiarize yourself with your local boating regulations. Maintain a safe speed, look for other vessels, and give right of way as required.
  4. Keep an eye on the weather – Always check the weather before taking your boat out. If you think it might be unsafe to go out, it’s always best to play it safe and find an alternative activity.

Your well-being is of utmost importance to me, and I am here to support you in case you require any legal assistance or advice. I hope you have a joyful and accident-free summer!