Scott Baron & Associates, P.C.Attorneys & Counselors At Law

Fall 2014

159-49 Cross Bay BoulevardHoward Beach, New York 11414718-738-9800Fax 718-738-3912

Email: general@scottbaronassociates.comWeb: www.scottbaronassociates.com

1(866) WAS-HURT

1750 Central Park AvenueYonkers, New York 10710914-337-9800Fax 914-337-9805

If you need our services, please contact us at…

www.scottbaronassociates.com

ALSO HANDLING:• Auto accidents• Pedestrian accidents• Motorcycle accidents• Bicycle accidents• Bus & train accidents• Building accidents• Elevator & ceiling collapses• Sidewalk Falls• Stairway accidents• Ladder & scaffolds• Construction accidents• Slip & fall accidents• Dog bites• Job related injuries• Lead poisoning• Wrongful death

• Free consultation• Home & Hospital appointments available• 24-hour, 7-Day emergency service• No recovery, no fee. We do not get paid unless you do.

1-866-WAS-HURT (927-4878)

PERSONAL INJURY PRACTICE

Purchasing auto insurancecommon questionsPurchasing auto insurance seems easy enough– just sign on the dotted line, start paying premiums, and hit the road! In truth, it’s a little more complicated than that. When the time comes to file a claim, many drivers are surprised to find that they are not as protected as they thought. When making a decision on a new policy or a renewal, knowing the answers to the following common questions will help you make the best choice.

What is liability coverage?Liability coverage protects you if you are at fault in an accident. The injured party will not be able to come after your house, car, or other property. Your insurance company will pay damages up to the limits of your policy (see more on this below).

What is Uninsured Motorist coverage?Uninsured Motorist (UIM) coverage protects you when the other party in an accident is at fault and they are uninsured. Even though it is required by law to carry insurance, many drivers do not. If one of these uninsured drivers causes an accident that you are involved in, the UIM coverage will protect you. Your insurer will pay up to the limits of your policy (see more on this below).

What does $50,000/$100,000 mean?Two dollar amounts expressed like this ($50,000/$100,000) tell you the limits of your policy. The first number is how much coverage you have for each person in the vehicle. The second number is how much coverage you have in total for the accident. For example, using these limits, if you are in an accident and there are three of you in the vehicle, each person would be covered up to $50,000, but all three would have to share a total of $100,000. There can be different amounts for different types of coverage, such as liability and uninsured motorist.

How much coverage should I buy?Buy as much as your insurance company will sell you or that you can afford. If you ever need it, you don’t want to be in a situation where the insurance payout isn’t enough to cover the costs of the accident. It is generally not much more expensive to add more coverage. While the difference varies from company to company, you will not, for example, pay twice as much for twice the coverage. Ask your agent how much it would be to add coverage. You may be surprised at how little it is!

You have probably heard about the massive General Motors recall in the news. A variety of issues, including the faulty ignition-switch that is believed to be responsible for 13 deaths, have led GM to recall millions of vehicles since early 2014. Adding insult to the many injuries was the confirmation that the company knew about the ignition-switch problem since 2004 and government regulators knew about it since 2007. When corporations and the government fail us, the civil justice system is our only recourse.

Burton Leblanc, President of the American Association for Justice, said as much when he testified in Congress about this matter:

“The escalating fallout over the G.M. ignition-switch recall scandal should be a wake-up call to all Americans as to why the civil justice system is essential to ensuring our families are safe from dangerous products.

G.M. knew of the fatal ignition-switch defect as far back as 2004 – the year the first Chevy Cobalt rolled off the lot – and the National Highway Traffic Safety Administration learned of the defect in 2007.  But the danger was only exposed in 2013 by a lawsuit brought by a victim’s family.

When corporations act with indifference and government agencies fail, the civil justice system is the only way to shed light on dangerous products and ensure that corporations are held accountable for the harm they cause.”

Railroad employees face special circumstances

Did you know that employees injured while working on interstate railroads are not eligible for workers’ compensation? Luckily, there is a federal law designed to protect these workers.

It is estimated that railroad workers are at twice the risk of being killed on-the-job than other Americans. At the beginning of the 20th century, things were even worse.

In 1908, Congress passed the Federal Employers Liability Act (FELA) in an attempt to make conditions safer for rail workers. It has worked by making the penalties for on-the-job injuries harsh enough for the railroads that it makes more financial sense for them to invest in safety than to pay the penalties for

injuries. A company can only be penalized under FELA if their negligence contributed to the workplace injury. FELA covers all employees of interstate railroads, including office staff as well as train and rail yard workers.

In 2006, traveling mechanic Thomas Tsohonis slipped and hyperextended his back. The injury was severe enough to cause permanent damage. Tsohonis could no longer physically perform the job he had been working for 31 years. He sued his employer, BNSF Railway, under the Federal Employers Liability Act. He claimed that BNSF failed to provide a safe working environment and proper training, which led to his injury. The jury agreed and awarded Tsohonis $500,000.

Ingredients:1 pork shoulder or pork butt (bone in), 4-5 pounds1 tablespoon salt (adjust to taste)1 tablespoon garlic powder1 teaspoon chili pepper

1 teaspoon onion powder1 teaspoon black pepper½ teaspoon cumin1 tablespoon brown sugarApproximately 2 cups BBQ sauce

Instructions:1. Rub pork with salt, spices, and brown sugar. 2. Place in slow cooker, fatty side up. 3. Cook 6-8 hours on high or 8-10 hours on low, until you can easily pull meat apart with fork.4. Remove bone and drain about ½ of the liquid. 5. Using two forks, “pull” pork apart into small shredded pieces. 6. Add BBQ sauce, a little at a time, until the meat is adequately coated. 7. Taste, add salt if needed. 8. Leave in slow cooker, on low, until it’s time to eat.9. Serve on your choice of bun.

Are you looking for an easy and delicious dish to make for your upcoming football party? Why not try pulled pork sandwiches? The recipe below is for use with a slow cooker, but can be adapted to be made in the oven as well.

Slow cooked Pulled Pork sandwiches

GM recall shows importance of civil justice system

When the time comes for our aging loved ones to move into a nursing home or assisted living facility, we are faced with the difficult task of finding just the right place. We speak with neighbors and friends, ask for professional recommendations, and tour the different facilities. Even after the most careful search, unforeseen problems can arise.

Most nursing homes and assisted living facilities provide safe, caring environments, staffed by hard-working professionals. Sometimes, however, problems arise. Elder abuse is a disturbingly-common problem across the country. The law protects the safety and dignity of the elderly in these facilities, but to enforce these laws the authorities need to know there is abuse taking place.

If you have a loved one in a nursing home or assisted living facility, keep a watchful eye on these 7 warning signs during your visits.

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Sudden weight loss or dehydration. Both may be due to normal aging issues or medication side effects, but both may also be warning signs of abuse. Ask your loved one and their doctor about this.

Bruises, burns, and other unexplained injuries. Any injury deserves an explanation. Ask both your loved one and the staff to explain the injury and verify that they are the same explanation.

Bedsores. Bed or chair-ridden patients are at risk for bedsores, or pressure sores. If the staff is attentive to the patients, moving them regularly, this should not be a problem. If your loved one is suffering from bedsores, neglect may be to blame.

Use of restraints. Restraints can be both physical (arm and leg restraints or cuffs) and chemical (heavy sedatives). It is not appropriate to restrain an elderly patient in most circumstances. Watch for signs of restraint like scars on the wrists and ask about any new drugs that your loved one is being asked to take.

Staff inattention. Caregivers are often overworked and underpaid, but there is no excuse for not giving due attention to the patients under their care. Make sure your loved one’s hygiene is being attended to and that their prescriptions are being properly dispensed.

Unsanitary/unsafe conditions. Every patient deserves a clean and safe living environment. There should not be dirt, bugs, or soiled bedding and clothes. There should be heat and running water. Watch for fire hazards.

Financial issues. To make sure your loved one is not being exploited financially, keep an eye on their bank and credit card statements. If there are transactions at places your loved one couldn’t possibly be, there is probably a problem. Also watch for unnecessary services or subscriptions.

1. Pit Bull Terriers2. Staffordshire Terriers3. Rottweilers4. German Shepherds5. Presa Canarios

6. Chows Chows7. Doberman Pinschers8. Akitas9. Wolf-hybrids10. Mastiffs

11. Cane Corsos12. Great Danes13. Alaskan Malamutes14. Siberian Huskies

Pennsylvania and Michigan have restrictions in place regarding this practice, and other states are currently working on limiting breed profiling as well. If you are a dog owner, it would be a good idea to check with your homeowner’s insurance agent to find out if your dog’s breed is on their list.

More than one third of all homeowner’s insurance liability claims paid out in 2013 were related to dog bites. The average claim was about $30,000, adding up to about $490 million for the year. Insurance companies are concerned about these costs, so it has become common for them to “blacklist” certain breeds of dog. While each company has a different list, the following fourteen breeds were the most common to be excluded from coverage.

Elder abuse:the warning signs

If you suspect that a loved one has been the victim of

elder abuse, contact our office immediately.

Dog breeds blacklisted

Instructions:1. Rub pork with salt, spices, and brown sugar. 2. Place in slow cooker, fatty side up. 3. Cook 6-8 hours on high or 8-10 hours on low, until you can easily pull meat apart with fork.4. Remove bone and drain about ½ of the liquid. 5. Using two forks, “pull” pork apart into small shredded pieces. 6. Add BBQ sauce, a little at a time, until the meat is adequately coated. 7. Taste, add salt if needed. 8. Leave in slow cooker, on low, until it’s time to eat.9. Serve on your choice of bun.

Scammers targeting hotel guests

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The late night, front desk phone call. This scam starts with a ringing phone. It’s late at night and when the victim answers, the voice on the other end of the line says he’s from the front desk. “There’s a problem with your credit card,” the voice says. “Could you give us the number again?” Of course, it’s not the front desk, it’s a scammer. The hotel would not likely bother a guest in the middle of the night. They would deal with the issue at the desk in the morning.

Pizza special! A hotel guest finds a flyer slid under their door. Great deals on pizza! They deliver to the hotel! Sounds great! Unfortunately, the pizza place isn’t real (or at least the number isn’t), and when you order with your credit card you get no pizza, only fraudulent charges.

Wi-Fi fake out. Most hotels offer Wi-Fi service, for free or for a fee. Scammers know this and have been known to create their own Wi-Fi networks, with names that sound just like the official hotel network. If a guest logs on, they risk losing personal information to a crook. Guests should always check with the hotel to make sure they are accessing the authorized network.

The Federal Trade Commission has issued a warning about scams targeting hotel guests. Next time you’re on the road, be aware of the following three dirty tricks. Be aware and you won’t become the next victim.

For many high school students, fall not only means a return to class, but a return to the field. Whether it’s for the school team or an intramural league; whether football, cheerleading, soccer, field hockey, or any other sport; knowing how to minimize the chance of injury is vitally important. You know what they say about an ounce of prevention, right?

In the weeks before classes start, many athletes are already taking to the practice field. Two-a-days are tough for any athlete; for teenagers they can be dangerous. The number one way to stay safe on a hot August afternoon is to stay hydrated. Athletes should make sure to drink plenty of fluids (without caffeine!) and watch for warning signs of heat-related problems, such as dark-colored urine, fatigue, dizziness, headaches, nausea, cramps, excessive sweating, or a cessation of sweating. If one experiences any of these

symptoms, they should immediately take a break to cool down and rehydrate.

A general way to lessen the chances of athletic injury is to have a warm-up and cool-down routine. Coaches should work with athletes to develop such routines. Coaches should also be encouraging athletes to train during the offseason. Showing up in shape will benefit in many ways, including making injuries less likely.

Properly fitting pads and helmets are another key to injury prevention. Make sure to have any protective equipment fitted at purchase. If you suspect an improper fit, ask the coach to take a look. While no helmet or pad can completely protect against injury, a proper fit will minimize the risk of serious injuries like concussions.

Preventing fall sports injuries

SCOTT BARON & ASSOCIATES, P.C.Attorneys & Counselors At Law159-49 Cross Bay BoulevardHoward Beach, New York 11414

PRESORTEDSTANDARD

U.S. POSTAGE PAIDLANCASTER, PAPERMIT NO. 242

Thanks to all of you who have recommended our firm to your relatives, friends, and neighbors. We appreciate your vote of confidence and pledge to care for these “VIPs” as well as we care for you.

ATTORNEY ADVERTISING*The information included in this newsletter is not intended as a substitute for professional legal advice. For your specific situation, please consult the appropriate legal professional. Some photos depict fictional scenes. Prior results do not guarantee a similar outcome. Percentages of fee(s) are computed after deduction of costs, disbursements, and other litigation expense. If no recovery, expenses of litigation, including court costs and disbursements, are payable.