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Stay Safe on the Streets Tonight

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]It's Halloween!  Trick-or-treaters may be up for a fright, but probably not one that involves a car speeding through a residential neighborhood.  If you are out on the roads tonight, slow down and take extra caution; there may be plenty of children out on the streets this evening looking to fill their plastic pumpkins with candy. Parents, if you're taking your children trick-or-treating this evening, consider adding something reflective to their costumes.  This will make them more visible to drivers and help to prevent accidents.  You could also ensure that your children have a full range of vision by not using masks that could make it more difficult to see cars on the road. The CDC estimates that pedestrians are at four times the normal risk of being involved in a fatal crash on Halloween night.  Be safe out there. From all of us at the Law Offices of Scott Warmuth, have a safe and spooky Halloween![/vc_column_text][/vc_column][/vc_row]
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Temporary Disability Benefits and Eligibility

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Temporary disability benefits provide injured workers with a safety net if they are unable to perform their job duties after a work-related injury or illness.  In general, if you are admitted to the hospital or are unable to work for at least three days and are not offered alternate job duties paid at the same rate, you can seek temporary disability cash payments.  Benefits can last for up to 104 weeks in the five year period following your injury and are only paid while you are recovering from your injury or illness.  Certain injuries and medical conditions are eligible for 240 weeks of benefits. The amount of benefits received depends on whether or not you are able to work.  For workplace accident victims who are completely unable to work, temporary total disability benefits are two thirds of your average weekly wage, with a maximum of $1215.27 per week (in 2018).  Injured workers who can perform the same job duties with reduced hours or can perform alternative job duties at reduced pay are eligible instead for temporary partial disability. Recipients are able to recover two thirds of their lost wages. Lost wages are easier to calculate than one would expect: your average weekly wage minus your weekly wage.  For example, if you typically make $1000 in a week and your reduced work schedule or alternative work duties pays $700 per week, your lost wages are $300.  Temporary partial disability would pay two thirds of those lost wages, in this example, $200. Temporary disability payments are as they say, temporary.  Benefits are halted when you are cleared to return to work, you begin earning wages at or above your average weekly wages, are declared permanent and stationary, or have received 104 weeks of benefits. TD payments end when your doctor clears you to return to work, you begin working modified or alternate work at your regular wages, you are declared “permanent and stationary”, or you have received up to 104 weeks of TD benefits within five years from the date of the injury.  Certain injuries and conditions may receive up to 240 weeks of TD benefits within five years of the injury, but most do not. Have you been injured at work and lost wages as a result?  Call the Law Offices of Scott Warmuth today.  We can help you answer any questions you may have about temporary disability benefits under California workers' compensation law.  We can help  you apply too.  Call us today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Delayed Injury in a Car Crash

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Immediately after a car crash, emotions run high.  So too does adrenaline.  It's fairly common for car accident victims to feel "okay" in the aftermath of a crash.  It's also fairly common for those same people to begin to experience pains in their necks, backs, extremities, and more as the adrenaline wears off.  It could take several hours, or even several days, for car accident victims to realize that they were injured in the crash.  Many may have even told their insurance companies that they were not injured. If you have been in a car collision and begin to feel aches and pains hours or even days after the crash, it is very important to see a doctor ASAP, even if you've told the insurance company you are not injured.  Do not delay.  If you do not receive medical treatment for injuries sustained in the car accident as soon as symptoms arise, it becomes more difficult to prove to the insurance company that your injuries were caused by the crash. It is also important to notify your insurance company that you are seeking medical treatment.  Insurance companies follow standard criteria to evaluate the type and severity of every injury.  One of those criteria is how quickly you sought and received medical treatment after your crash.  If you have already retained an attorney, he or she will notify the insurance company on your behalf. Dealing with insurance adjusters can be tricky if you do not have an attorney.  Claimants who do not have legal representation will be contacted directly by insurance adjusters.  It's very important to avoid contradictory statements and actions when speaking with an adjuster.  For example, if you say you're suffering from a lot of pain but have been skipping medical treatment, adjusters will assume your injuries are not as bad as you say. Car accident lawyers at the Law Offices of Scott Warmuth help our clients obtain the most financial compensation possible by providing expert advice.  We speak to the insurance companies on our clients' behalf so they can focus on their medical treatment.  If you have been injured in a car crash, call our offices today at 888-517-9888 to receive a free consultation. [/vc_column_text][/vc_column][/vc_row]
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Community Outreach Events

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]Last week, the Law Offices of Scott Warmuth attended community outreach events at Rio Hondo College in Whittier and at Sabor de Mexico Lindo in Huntington Park. At Rio Hondo College, immigration attorney Yesenia Acosta provided an informative seminar on the current state of immigration law in the United States. And at Sabor de Mexico Lindo, the Law Offices of Scott Warmuth booth gave away some promotional materials and answered questions festival attendees may have had about the legal process. We took some pictures at both of the events, which can be found below! For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3252" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3251" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3253" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3254" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row]
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Ending of Temporary Protected Status Halted After Court Ruling

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Temporary Protected Status (TPS) is an immigration status that prevents the deportation of foreign nationals who were in the United States at the time of a natural disaster, outbreak of war, or other extraordinary situation in their home countries.  The program was established nearly 30 years ago as part of the Immigration Act of 1990.  TPS designation is subject to the review of the government every 18 months.  The Trump administration decided not to renew TPS protections for several countries, including El Salvador, Haiti, Sudan, and Nicaragua.  The ending of TPS for these countries would usually mean that their nationals need to leave the United States within 18 months of losing protected status. That 18 month time period is now on hold after a federal judge in California issued an injunction against the end of TPS after finding that the Trump administration lacked any justification for ending the program.  Finding that discrimination appeared to be a motivating factor for ending the protections, the judge pointed out that ending TPS with discriminatory intent is a violation of the U.S. constitution's equal protection mandate.  The federal judge did not rule on the merits of the case, but found enough evidence to place the planned end of the protections on hold while the case proceeds through the courts. The story of TPS will continue to develop over the next few months.  Read the full news story here. The Law Offices of Scott Warmuth helps clients with temporary protected status seek permanent residence in the United States.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Debate Over Cash Bail Reforms Continue after Legislation Signed

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]The debate in California over the benefits and risks of ending cash bail has been loud ever since the California Supreme Court ruled that the existing bail system was unconstitutional.  On August 28th, Governor Jerry Brown signed the bill abolishing cash bail into law, with the rules and regulations scheduled to be implemented next fall.  However, many advocates for ending cash bail are concerned that the new law will actually increase pretrial detention. When cash bail is eliminated, judges will begin to use computer software to determine if suspects are a threat do public safety or a flight risk.  The software is expected to look at numerous piece of information about the suspect and the alleged crimes and assign a low, medium, or high risk value.  However, the results of the valuation are still subject to judicial oversight.  Prosecutors will be able to pursue pretrial detention for any defendant, and judges could ignore the software's analysis and jail anyone facing a crime.  Many criminal justice advocates believe that SB 10 is a recipe for more pretrial detentions and possible racial or socioeconomic discrimination. The algorithm to determine whether or not someone should face pretrial detention is not yet determined, and SB 10 is not clear in what is acceptable.  It's possible that the criteria will be different in every California county, leading to an uneven application of justice.  It is likely that the new law will face litigation prior to being implemented. See the full news story here. The Law Offices of Scott Warmuth works to ensure that criminal defendants are treated fairly and justly by the law.  If you or a loved one is facing legal troubles, our criminal defense attorneys can help.  Call 888-517-9888 for a free defense consultation. [/vc_column_text][/vc_column][/vc_row]