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Month: September 2020

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Helping Your Legal Case After a Car Accident

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]In the immediate aftermath of a car accident, the last think anyone is likely thinking about is the strength of the legal case for an insurance claim that will need to be made in order to pay for medical bills and car repairs.  That is okay.  The first thing to do immediately after a collision is to assess the situation and ensure your safety.  If possible, remove your vehicle from traffic and contact emergency authorities if necessary.  Once your safety is secured, take a deep breath and consider the actions that now must be taken.  To best help yourself in any potential insurance claim, you will want to collect as much information and evidence as possible. Every car accident is unique, but the more supporting evidence you have about the accident the harder it will be for insurance companies to deny your claim.  Exchange contact information and insurance information with every involved driver, but do so without apologizing or discussing the details of the incident.  If possible, collect contact information from any eyewitnesses to the crash.  Eyewitness testimony that supports your recollection of events will be extremely important if the at-fault driver attempts to blame someone else for the collision. Be sure to document everything you can.  Take pictures of everything: vehicle damage, road conditions, any visible injuries, any other damaged property, anything else you think might be relevant.  Write down or make a digital note of any information you think may be important: license plates, the location of the crash, and descriptions of non-visible injuries, like whiplash or back pain.  Protect any physical evidence related to the crash: broken glasses, damaged child safety seats, and ruined clothing are examples of evidence that could attest to the severity of the crash.  If you happen to have a dash cam, be sure to extract the video leading up to the crash. The most important way to help your legal case after a car accident is by contacting an experienced injury attorney as soon as possible.  Among other immediate benefits, the Law Offices of Scott Warmuth offers guidance on the best course of action our clients can take to pursue an insurance claim after a crash.  We will take all of the information you gathered after the collision to craft your legal case and ensure fair compensation from the insurance companies.  We offer free consultations and have a no recovery no fee policy.  If we are unable to secure you a settlement or judgment, you will not owe us any attorney's fees.  Call us at 888-517-9888 and speak with a car accident expert today![/vc_column_text][/vc_column][/vc_row]
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New Proposed Student Visa Rule Targets Mainly African and Middle Eastern Countries

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Hundreds of thousands of student visas are issued by the United States every year.  F visas and M visas allow foreign students to enter the country for the purpose of pursuing a U.S. higher education.  A new proposal from the Trump administration would make pursuing a bachelor's, master's, or doctoral degree much more difficult for certain foreign students.  Specifically, the proposal appears to target students from many countries in Africa, the Middle East, and Asia. The rule, as proposed, would limit the length of a student visa to two year for students who come from countries that have more than a 10 percent rate of student visa overstays and countries labeled as state sponsors of terrorism.  Though the majority of student visas come from China, India, South Korea, Saudi Arabia, and Canada, the new rule could affect tens of thousands of students from countries such as Vietnam, Nigeria, Nepal, and Iran.  Students coming from any country on the list would need to seek and obtain student visas every two years to pursue a U.S. education. There are approximately 59 countries whose students would be affected.  The list includes Tuvalu, population 11,192.  Six students from Tuvalu were issued student visas, of whom one student overstayed his or her visa, a 17 percent rate of visa overstay, qualifying Tuvalu for the visa restrictions.  A full list of countries that would be affected is mapped in the following tweet:[/vc_column_text][vc_row_inner][vc_column_inner width="2/3"][vc_column_text]See the proposed rule here. Implementation of this proposed rule, along with many others affecting immigration, could depend on the outcome of the 2020 presidential election.  Immigration law has been in a constant state of flux for the past few years.  The Law Offices of Scott Warmuth is constantly evaluating all possible changes to immigration law so we be can best serve our clients.  We've been helping students pursue a U.S. education since 1984.  If you need immigration legal services, call our offices today at 888-517-9888 to schedule a free consultation.[/vc_column_text][/vc_column_inner][vc_column_inner width="1/3"][vc_column_text] [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]
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National Voter Registration Day – Register to Vote Today!

Topics: From Our Office, Immigration

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[vc_row][vc_column][vc_column_text]For more than 35 years, the Law Offices of Scott Warmuth as been helping immigrants to the United States live and work in the country legally.  We have helped thousands of immigrants from all over the world obtain their green cards and pursue U.S. citizenship.  One of the most important benefits U.S. citizenship confers is the right to vote. Today, September 22, is National Voter Registration day.  U.S. citizens, whether natural born or naturalized, who will be 18 years old by Election Day (Tuesday, November 3rd) are encouraged to register to vote!  It is one of the most important civic duties a United States citizen can perform! Residents of California who wish to register to vote can do so online at the California Secretary of State voter registration website.  Any eligible Californian voter, including recently naturalized citizens, citizens who have just turned 18, or citizens who have simply never registered to vote before can use the website and become a registered voter before the 2020 elections!  The website allows voters to register in numerous different languages, including Chinese and Spanish.  California residents aged 16 or 17 can also use the website to pre-register to vote and registered Californian voters can check their registration status. The Law Offices of Scott Warmuth strongly encourages all eligible voters to register to vote and participate in the upcoming 2020 election!  Immigrants who have possessed a green card for at least five years are eligible for U.S. citizenship.  Though these immigrants will not be able to participate in this election, after receiving citizenship they will be able to register to vote for all future elections.  If you or someone in your family is interested in pursuing U.S. citizenship, call our offices today at 888-517-9888 to receive a free citizenship legal consultation![/vc_column_text][/vc_column][/vc_row]
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Ladder Safety

Topics: Personal Injury, Workers' Compensation

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[vc_row][vc_column][vc_column_text]Hundreds of thousands of people suffer ladder-related injuries in the United States every year.  Falls from even short ladders can result in serious injury and death, necessitating caution for any workers planning to use a ladder for any purpose.  Numerous studies exhibit data that paint a cautionary tale for workers and homeowners using the common tool.
  • 43 percent of fatal falls in the 2000s involved ladders
  • 20 percent of workers injured in a fall were using a ladder
  • 81 percent of construction workers injured in a fall that was treated in an emergency room were using a ladder
  • About 500,000 people fall from ladders annually
  • 97.3 percent of ladder-related injuries occur at homes or farms
Between 1990 and 2005, ladder-related mishaps resulting in injury increased over 50 percent.  Ladder safety should be taken seriously by anyone who uses a ladder, but especially for workers who use ladders during their work duties.  The American Ladder Institute has offered some guidelines that should be followed by anyone using a ladder.
  • One person, one ladder, unless the ladder is specifically designed for more than one user
  • Do not use a ladder if you are tired or feeling faint
  • Do not use a ladder in high winds
  • Do not wear low-traction shoes when climbing a ladder
  • Confirm the ladder you are about to use is in good physical condition - ladders that sway or lean should be discarded
  • Confirm the ladder you are about to use is the appropriate strength for the job - never exceed the weight limit of a ladder
  • Confirm the ladder you are about to use is the appropriate length for the job - never step on the top rung of a ladder
  • Ensure the ladder is placed on solid, level ground
  • Ensure the ladder is not positioned in front of a door or gate that could open into the ladder - block, lock, or guard the door if necessary
  • Do not climb a ladder without having free hands
  • Climb ladders slowly and deliberately - avoid sudden actions that could cause you to lose balance
  • Do not attempt to reposition a ladder that you or someone else is standing on
  • Do not attempt to lean beyond the sides of a ladder
  • Always keep three points of contact with a ladder - either two hands and one foot or one hand and two feet.
See the full basic ladder safety guidelines here. Any worker injured after a fall from a ladder while on the job is eligible for workers' compensation benefits.  Any person injured after a fall from a ladder due to someone else's negligence is eligible to pursue a personal injury claim.  The Law Offices of Scott Warmuth helps injured workers and accident victims seek medical care and financial compensation for their injuries.  We offer 100 percent free consultations, so call us today at 888-517-9888 to speak with an injury recovery expert![/vc_column_text][/vc_column][/vc_row]
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318,000 TPS Immigrants at Risk for Deportation After Court Ruling

Topics: Immigration

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[vc_row][vc_column][vc_column_text]A federal appeals court panel of the Ninth Circuit reversed a district court ruling that blocked an attempt by the Trump administration to end temporary protected status (TPS) for certain foreign nationals living in the U.S.  TPS provides eligible immigrants from certain countries who were in the United States at a certain time protection from deportation and work permits.  The Trump administration has made several announcements about ending TPS protections for several countries so far, but in 2018, a federal judge in California placed an injunction preventing the program's termination for immigrants from El Salvador, Haiti, Nicaragua, and Sudan.  The appeals court ruling lifts this injunction.  Haitian nationals with TPS continue to be protected by a federal injunction in New York. It is estimated that the 318,000 TPS holders, and their 279,000 American citizen children, could have their lives upended.  After Monday's ruling, Nicaraguans and Sudanese could lose TPS protections in a few months.  Salvadorans could lose protections in a little over a year.  The Trump administration has not yet made any announcements about ending TPS protections in the aftermath of the court ruling.  It is likely that the American Civil Liberties Union's attorneys representing the plaintiffs will appeal this decision to the full Ninth Circuit or the U.S. Supreme Court. See the full news story here. It is not possible at present to predict exactly what will happen to TPS over the next few months.  The ultimate fate of TPS could ride on the results of the 2020 election; TPS is much more likely to end if President Trump is re-elected.  People who hold TPS protections may wish to seek other possible immigration solutions to living and working in the United States if they are available. The immigration lawyers at the Law Offices of Scott Warmuth can help you determine if there are any potential avenues to seek permanent residency in the country should the TPS program end.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Applying Directly for PERM After Graduation

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The recent government restrictions on H-1B has prompted more employers to consider directly helping F-1 college graduates in Optional Practical Training (OPT) apply for green cards.  Due to the graduates generally having little or no practical work experience, businesses and immigration attorneys are helping the students apply for EB-2 and EB-3 visas. The first step to applying for an EB-2 or EB-3 is to submit a Program Electronic Review Management (PERM) application to the Department of Labor (DOL) seeking work authorization.  The purpose of PERM is to ensure that the American labor market cannot fill the job with American nationals.  This leads to the PERM application process being long and complicated.  Immigration attorneys work with their clients and employers work with their future employees to ensure that their applications meet the highest quality standards to satisfy the DOL.  Without a successful PERM application, students will not be considered further for an EB-2 or EB-3. PERM requires employers to take the following steps for an EB-2 or EB-3 position:
  • Determine a position's minimum requirements and job duties
  • Research wage requirements for the position
  • Determine and execute an extensive recruitment process
If the employer is unable to hire a qualified American national at the end of the recruitment process, it can submit ETA Form 9089 (Application for Permanent Employment Certification) to the DOL.  The PERM process can take several months and can take longer if the application is reviewed by DOL to ensure compliance with PERM requirements.  Reviews can be triggered by several issues, including:
  • Recent layoffs by the employer
  • Unqualified applicants
  • Ineligible positions, such as not requiring a bachelor's degree
  • Personal relationship between the company's executives and the applicant
If there are issues with the application that need to be reviewed, the DOL will notify the employer, which must respond within 30 days.  If no response is provided, the application is considered abandoned.  Reviews of PERM applications can take several months, extending the overall timetable to well over a year. There are many ways for foreign nationals to legally work in the United States.  Immigration attorneys recommend having more than one option if possible.  Seeking an EB-2 or EB-3 visa is just one way to pursue a green card.  The Law Offices of Scott Warmuth can help you determine if you may be eligible for other avenues.  Call us today at 888-517-9888 to receive a free immigration consultation.[/vc_column_text][/vc_column][/vc_row]
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Common Questions in Workers’ Comp Cases – Part 4 – Money

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Becoming injured at work can place significant physical, emotional, and financial stress on any worker. The Law Offices of Scott Warmuth understands that it can sometimes be difficult to discuss the financial impact of a work injury. We answer some of the most common questions injured workers have about the financial impact of their workers' compensation case. Do I have to pay for medical care? No. After filing a workers' compensation claim, you can receive up to $10,000 of medical care before your claim is accepted or denied, which is paid for by the insurance company. If your claim is accepted, the insurance company will continue to pay for your treatment. If your claim is denied, the insurance company will stop paying for your treatment, but you may be able to continue treatment from a doctor on lien, which means that the doctor agrees not to charge the injured worker directly for treatment and agrees to be compensated only by the insurance company if you win your case. Do I have to pay for travel to receive medical care? No. All travel for medical care can be reimbursed with proper documentation. Keep a log of miles driven and parking fees paid. When you want to be reimbursed for these expenses, submit the log to your claims administrator. The mileage rate is set annually by the government and is currently (2020) 57.5 cents per mile. When will I receive payment for disability benefits? Temporary disability benefits begin after the insurance company or your employer receives medical verification of your disability. If your claim is disputed, it may take longer to receive temporary benefits. Permanent disability benefits are received after temporary benefits end and you are declared permanently disabled by a qualified medical expert. How much will I receive in disability benefits? Temporary benefits are paid at the rate of 2/3 of lost wages, up to certain maximums depending on the date of injury ($1,299.43 in 2020). Permanent benefits pay 2/3 of average weekly earnings, with a maximum benefit depending on the date of injury ($290 per week for injuries from 2013 to 2020). Do I have to pay for travel to depositions? No.  Just like medical care, all travel related to depositions can be reimbursed. How much does a workers' compensation attorney cost? We are only paid if your workers' compensation case is successful. A judge will determine the amount of attorneys fees owed at the conclusion of your case, but are typically 15% of your claim settlement or award. The fee may be greater if your claim is more complicated. If your claim is unsuccessful, you will not owe your workers' compensation attorney any money. When do I have to pay a workers' compensation attorney? You will never have to pay your workers' compensation attorney anything. All attorneys fees are subtracted from your compensation package at the conclusion of your claim. Do I have to pay to pursue a third party personal injury claim? In almost all circumstances where you may have the right to recover from a third party, such as a motor vehicle accident, the Law Offices of Scott Warmuth pursues third party personal injury claims after a work injury on a no recovery, no fee policy.  Similar to a workers' compensation claim, all fees are paid from your settlement at the conclusion of the case. I have other questions. The Law Offices of Scott Warmuth is available to answer any questions your may have about benefits or costs associated with a workers' compensation claim. If you've been injured at work, we can help you pursue all of the benefits owed to you under the law. Call us today at 888-517-9888 to receive a free consultation![/vc_column_text][/vc_column][/vc_row]
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Coming Soon – The San Gabriel Valley Master Key Podcast

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]Attorney Scott Warmuth will be co-hosting this new, weekly podcast beginning October 2020!  San Gabriel Valley Master Key will feature interviews with interesting San Gabriel Valley residents and workers.  We will provide everyone with more information as the podcast launch approaches.  Please watch our trailer and stay tuned![/vc_column_text][vc_video link="https://youtu.be/7NLWn5QEnYg" el_width="70" align="center" el_class="hidden-mobile"][vc_video link="https://youtu.be/7NLWn5QEnYg" align="center" el_class="hidden show-mobile"][/vc_column][/vc_row]
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Prop 213 – Why You Need Liability Car Insurance

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The Personal Responsibility Act of 1996, more commonly known as Proposition 213, was a ballot proposition in 1996 that would prevent certain drivers from recovering financial damages in the result of a car crash.  The proposition passed easily and has been California law since its passage.  Prop 213 prevents the recovery of all damages for convicted felons who were injured either during the commission of the felony or fleeing after the commission of a felony, prevents the recovery of non-economic damages for any driver convicted of driving under the influence (DUI) after the fact, and prevents the recovery of non-economic damages for uninsured drivers.  Uninsured drivers injured as the result of a collision with a driver convicted of DUI after the fact are exempt. In layman's terms, uninsured or drunk drivers cannot sue whoever causes a car crash for pain and suffering and other non-economic damages, dramatically reducing any possible financial recovery in a personal injury case.  Under Prop 213, uninsured and drunk drivers who are not at fault can only recover damages for medical bills, lost wages, and property damage.  Uninsured and drunk drivers cannot receive financial compensation for the pain and suffering experienced in the accident or during medical recovery, any potential disfigurement (scars, amputations, etc.) as the result of the crash, any embarrassment or humiliation suffered resulting from disfigurement, or for any reduction in quality of life. Prop 213 passed with 76.83 percent of voters in favor.  According to research, Prop 213 reduced car insurance rates for drivers purchasing bodily injury and uninsured motorist coverage in the years after its enactment. Car accidents can be dramatically life changing.  Car insurance is a safety net for the victims of car accidents.  Prop 213 cuts some holes into that net that can only be patched by carrying liability insurance and not driving under the influence of drugs or alcohol.  Car accident attorneys help the victims of car accidents seek medical treatment with no out of pocket expenses and receive the financial compensation they are owed.  The Law Offices of Scott Warmuth strongly urges all drivers in California to carry at least the legally required minimum liability policy ($15,000/$30,000) to ensure you are protected if someone else crashes into you.  Should the worst happen, our attorneys can help you recover physically, emotionally, and financially.  Call us today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]