WarmuthLaw
Resource Library

Happy Thanksgiving Everyone!

Topics: From Our Office

Feature
[vc_row][vc_column][vc_column_text]From everyone at the Law Offices of Scott Warmuth, have a happy Thanksgiving holiday! Stay safe this busy weekend - use your seat belt and do not drink and drive! Please note that our offices will be closed this Thursday and Friday.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Eligibility Requirements for SSDI

Topics: Workers' Compensation

Feature
[vc_row][vc_column][vc_column_text]There is often confusion about the eligibility requirements when applying for Social Security Disability Insurance (SSDI) benefits.  The vast majority of injured workers who file a workers' compensation claim will not be eligible for SSDI benefits.  SSDI is only for injured workers who are no longer able to work at all.  Specifically, the Social Security Administration (SSA) defines disability as "the inability to engage in any substantial gain activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." The definition of disability used to determine SSDI eligibility is significantly different than the definitions of temporary disability or permanent disability in workers' compensation claims.  Most workers who receive permanent disability ratings in a workers' compensation claim are usually able to continue working in some capacity.  SSDI applicants must show that they cannot work in any capacity and have a limited ability to earn income.  In 2019, the monthly income limit for SSDI recipients is $1,220. The full list of disabilities that qualify for SSDI benefits can be found here.  If a specific disability is not listed explicitly, a special government agency knows as Disability Determination Services will decide if the disability is just as severe as the disabilities that are listed. In addition to a provable, severe disability that prevents the ability to work for more than a year, SSDI benefit eligibility also requires a history of work.  SSDI applicants must have enough 'work credits' with SSA to be eligible for SSDI benefits.  Work credits are earned through paying taxes.  Have you ever wondered what "Social Security Wages" on your W-2 form are?  Work credits are earned by paying taxes on your Social Security wages.  These taxes are generally withheld from your paycheck under the label SOC SEC EE.  In 2018, for every $1,320 in Social Security wages, you earned a work credit.  You can earn up to 4 work credits a year.  To qualify for SSDI, you need a certain number of work credits earned over your lifetime and a certain number of work credits earned in recent years. An experienced SSDI attorney can help you determine if you are eligible for disability benefits and help you apply for those benefits.  The Law Offices of Scott Warmuth's dedicated team of SSDI experts can even help you appeal a denied claim.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

The Rain Returns – Wet Weather Driving Tips

Topics: Auto Accident

Feature
[vc_row][vc_column][vc_column_text]It's back!  The first rain of the season is expected to strike overnight Tuesday and snarl Wednesday's morning rush hour commute.  Rain, especially the first rain after an extended dry period, will make the roads slick and poses extra danger for drivers.  Being prepared for the oncoming storm can help keep you safe while driving.  The number of reported accidents multiply during rainy weather, but following some simple rainy driving tips can reduce your risk. Prepare for the Drive If you know it's going to rain, be sure to check your windshield wipers, brakes, and headlights for any defects.  Barely-functioning windshield wipers or cloudy headlights can greatly harm visibility and worn brakes can make it difficult to make an emergency stop.  Be sure to allow extra time to get where you're going. Brake Earlier than Normal It takes a longer time for your vehicle to come to a stop in wet conditions.  Braking too suddenly in slippery conditions can cause you to lose control of your vehicle.  Beginning a braking maneuver early reduces the risk of stopping too late to avoid a collision or spinning out. Drive Slower than Normal Driving slower in wet weather can prevent situations where you're forced to come to an immediate stop.  With lower visibility comes slower reaction times and less time to stop.  Driving more slowly can counteract that. Leave More Space Between Cars than Normal Tailgating in the rain is can lead to a crash.  As it takes longer to stop in wet conditions, it's advised to leave a larger space than normal between vehicles. Turn On Headlights Other vehicles will be able to see you much easier in the rain if you have your headlights on.  If your windshield wipers are on your headlights should be on. But Leave your High Beams Off High beams can make it harder to see in rainy conditions and could pose a blinding danger to other drivers. Don't Drive Through Puddles or Standing Water Puddles and standing water can be hiding dangerous debris or potholes.  Attempting to drive through them can cause damage to your vehicle, but can also result in hydroplaning.  Hydroplaning is when your tires are not in contact with the road, but instead the water on the road.  If this happens, avoid braking, as it could cause you to lose control of the vehicle.  Only take your foot off the gas pedal until you regain control. If a vehicle not following these wet-weather safety tips hits your vehicle, call the Law Offices of Scott Warmuth Our car accident lawyers can help you seek medical care and financial compensation if you are the victim of an unsafe driver.  We offer 100% free consultations, so call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Uber Self-Driving Cars were Not Programmed to Stop for Jaywalkers

Topics: Auto Accident, Personal Injury

Feature
[vc_row][vc_column][vc_column_text]When an Uber autonomous vehicle struck and killed a pedestrian in Tempe, Arizona last year, a debate over the safety of the driver-less cars erupted.  As reported at the time, the circumstances of the collision were unusual, leading to questions about the ability of self-driving cars to identify unexpected obstacles and situations.  In the Tempe incident, it turns out that the self-driving vehicle didn't have a problem identifying the pedestrian, and even identified that an emergency braking maneuver should have been used before the collision.  Emergency braking maneuvers, however, were disabled. Read the preliminary report from the National Transportation Safety Board (NTSB) here. The release of the NTSB report has raised questions about the difficulties autonomous vehicles may have in identifying unexpected obstacles on the roads.  According to the report, the victim was identified by the vehicle nearly 6 seconds before the crash.  The victim was first identified as an unknown object, then a vehicle, and then as a bicycle.  Each of these classifications has an expected behavior and travel path, with self-driving software determining the most likely scenario.  The software determined that an emergency braking maneuver should have been taken 1.3 seconds before the collision.  Even if emergency braking was turned on, the vehicle would have only had 1.3 seconds to decelerate from 43 mph to 0 mph to avoid a collision, which was unlikely to occur.  The collision, however, would have been at a lower velocity.  NTSB believed that the pedestrian would have survived the collision if the vehicle had performed an emergency braking maneuver.  Emergency braking was disabled to prevent erratic driving during vehicle testing. Certainly, the unique circumstances of the situation were factors in the Tempe incident.  However, the makers of autonomous vehicles will need to account for nearly every possible situation that may arise before the public will fully accept the new technology. The Law Offices of Scott Warmuth helps the victims of car accidents pursue financial compensation for their injuries.  For a free injury consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Supreme Court Hears Arguments in DACA Cases

Topics: Immigration

Feature
[vc_row][vc_column][vc_column_text]The US Supreme Court heard oral arguments today over whether or not the Trump administration could end the program that has helped hundreds of thousands of undocumented young people brought into the country when they were children.  That program, Deferred Action for Childhood Arrivals (DACA), provides work authorization and deportation protection to nearly 700,000 people.  The Trump administration argued that they have the right to end the program unilaterally. The headlines generated by the court case after oral arguments does not look promising for DACA recipients, also known as Dreamers, hoping to renew their legal status after their protections expire. Politico: Dreamers get little traction with Supreme Court’s conservative justices Forbes: Supreme Court Seems Ready To Let Trump End DACA NBC: Supreme Court appears inclined to let Trump end DACA program USA Today: Supreme Court leans toward Trump plan to end DACA program for nearly 700K undocumented immigrants Vox: One way or another, the Supreme Court is likely to let Trump end DACA The Supreme Court case is a consolidation of three separate cases: Department of Homeland Security v. Regents of the University of California, Trump v. NAACP, and McAleenan v. Vidal.  A ruling in the case is not expected for several months.  If the Supreme court does rule that the Trump administration can end DACA, recipients will no longer be able to renew their DACA protections.  When their protections expire, they will no longer be able to work and could be subject to deportation. While the case is being decided, it is extremely important for DACA recipients to pursue legal status in the United States through any other possible methods.  The Law Offices of Scott Warmuth can help DACA recipients determine if they have a pathway.  Call our immigration attorneys today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Press Release: Vaping, E-Cigarettes, and Teen Addiction

Topics: Events, From Our Office, Personal Injury

Feature
[vc_row][vc_column][vc_column_text]Press Conference on Vaping, E-Cigarettes, and Teen Addiction Vaping products can result in crippling addiction and dependency, serious injury, and even death The Law Offices of Scott Warmuth will hold a press conference on the topic of vaping, electronic cigarettes, youth addiction, and the harm to society next Tuesday, November 12 at 1:00 pm. Vaping and e-cig products have created alarming addiction problems resulting in a predisposition to addiction of all types as well as severe health issues, including lung injuries and even death.  Electronic cigarette companies have used novel marketing techniques to attract the attention of young people, directly leading to youth abuse of e-cigarettes and subsequent addiction and health problems.  The CDC has just released a report on the mysterious vaping illness that has sickened thousands.  Vitamin E acetate, an additive to certain vaping cartridges, was found in the lungs of 29 people who have died from the vaping-related lung illness. Our law firm is seeking to help young victims and their families pursue monetary damages from e-cig makers for their negligence.  We will represent our client's best interests and fight for their rights. We invite all of our friends in the media to attend our press conference.  If you have any questions, please email Miranda An or call 626-282-6868. Speaker: Thomas Johnston (Trial Attorney and Partner at Johnston & Hutchinson LLP, Member of the Scott Warmuth Stop Vaping Task Force) Location: Law Offices of Scott Warmuth City of Industry Office Address: 17700 Castleton St #168, City of Industry, 91748 Time: Tuesday, November 12 at 1:00 pm[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Rule Requiring Immigrants Have Health Insurance Put on Hold

Topics: Immigration

Feature
[vc_row][vc_column][vc_column_text]A federal judge issued a temporary restraining order on Saturday preventing a Trump administration policy requiring immigrants have health care insurance from taking effect this past Sunday.  President Trump issued a proclamation last month that, when in effect, would prevent immigrant visas from being issued to immigrants who could not prove they have health insurance coverage or the ability to pay for "reasonably foreseeable medical costs".   Experts estimated that the rule change could reduce legal immigration by up to 65 percent. The temporary restraining order prevents the Trump administration from enforcing the rules of proclamation while the case is heard in court.  Arguments in the case should begin soon.  The restraining order is in place for 28 days while the plaintiffs make their case.  If the proclamation were to take effect, it is not clear how the new policies would be implemented.  The proclamation does not identify what constitutes "reasonably foreseeable medical costs" are, nor what "financial resources" could prove the ability to pay for medical costs. According to expert, the proclamation would have an immediate impact on family immigration, most notably on the parents and spouses of U.S. citizens.  Plaintiffs in the legal case are arguing that implementing the proclamation would cause irreparable harm to the U.S. citizens sponsoring visas for their family. See the full news article here. The Law Offices of Scott Warmuth monitors any possible changes in immigration policy so we can best serve our clients.  If you or a family members is seeking to immigrate to the United States, our immigration attorneys can help you find the best possible opportunities.  Call us today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Happy Halloween!

Topics: From Our Office

Feature
[vc_row][vc_column][vc_column_text]From everyone here at the Law Offices of Scott Warmuth, have a fun, spooky, and safe Halloween! Keep your children safe this Halloween by following these tips from Safe Kids Worldwide.[/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

Premises Liability can be Spooky on Halloween

Topics: Personal Injury

Feature
[vc_row][vc_column][vc_column_text]Halloween is only a couple of days away.  With all of its tricks and treats, Halloween can be an especially spooky time for homeowners.  Armies of the undead (or perhaps armies of children dressed up as all manner of ghosts, ghouls, skeletons, and zombies) roam the streets in search of candy.  These armies know no bounds, wandering through the streets into dark driveways and yards to reach lighted doorsteps.  If you are a homeowner, it's important to understand that you have responsibilities in keeping the costumed hordes safe this Halloween.  Should a trick-or-treater be injured on your property, you could be subjected to a premises liability claim. Here are some tips to help homeowners prepare for the candy rush:
  • Identify potential safety risks in advance - Understanding what could be dangerous to trick-or-treaters will help you determine what actions you need to take before Halloween arrives.
  • Clear any potential tripping hazards - Anything left on the sidewalk, in the driveway, or scattered about the yard could be a tripping hazard for people walking from house to house.  Remove any potential trip hazards to ensure a safe walking lane.
  • Restrict access to potentially dangerous areas - Close gates and garage doors to prevent curious children from mishaps.
  • Ensure a well-lit environment - Lighting a path to your front door can not only herd groups of children into spaces you want them to walk, but can prevent low-visibility accidents from occurring.
  • Be mindful of your pets - If you have a pet that isn't good with strangers or likes to try and sneak out of open doors, be sure to keep them away from the front door and any visitors.
  • Skip any potentially dangerous shenanigans - Chasing kids with a chainsaw may sound fun, but as the saying goes, everything's fun and games until someone loses an eye.  And then it's a premises liability lawsuit.
  • Do not allow trick-or-treaters to enter the house - Inviting strangers into your home can invite additional liability concerns
  • Avoid open flames and other fire hazards - Many costumes are flammable.  Use LED candles instead of tea lights for decorations and inside jack-o-lanterns.
  • Avoid overloading electrical outlets - A fire hazard itself, if you have a lot of powered decorations, be sure to spread out the power load to prevent electric shorts.
If you're on the opposite side and taking little ones trick or treating, it's important to be vigilant and safe!
  • Avoid driving if possible - With so many children on the streets, it's best to avoid driving altogether during trick-or-treat hours.
  • Have everyone carry flashlights - So people who cannot avoid driving can see you!
  • Stay on the sidewalks when possible - It's simply safer than being on the street with cars.
  • Stay in well-lit areas - Plan to be done trick-or-treating before dark or stay in illuminated areas to reduce low-visibility risks.
  • Pay attention - Be extra cautious when in a high-traffic area.
  • Visit the Mayo Clinic website for more tips!
The Law Offices of Scott Warmuth wants everyone to have a safe and fun Halloween!  Should the unexpected happen, our premises liability and personal injury attorneys can help you recover from an injury.  Call us at 888-517-9888 for a free consultation. [/vc_column_text][/vc_column][/vc_row]
WarmuthLaw
Resource Library

How do Traffic Jams Form?

Topics: Auto Accident

Feature
[vc_row][vc_column][vc_column_text]If you've ever driven on the freeways of Southern California, you've almost certainly experienced a phantom traffic jam.  Sure, the traffic jam itself is real, but the cause of the slowdown seems to be an absolute mystery.  The backup disappears with no evidence of a collision, no tow truck, no vehicle with a flat tire, no highway patrol, no ladder in lanes, just nothing.  You may have briefly wondered what caused the mystery backup after arriving five minutes late to your destination, but probably forgot all about it ever happening immediately after.  The exact cause of any phantom traffic jam may remain a mystery, but understanding how traffic jams form can provide some clues. As one vehicle slows down, all the vehicles behind it must also slow down.  Humans tend to have a delayed reaction time and are prone to overreaction.  Let's say traffic is flowing at 50 mph.  A blue car lightly taps the brakes because a vehicle merged ahead of it, briefly slowing to 45 mph.  Now, to avoid a rear-end collision, all cars behind the blue car must also lightly tap the breaks and slow to 45 mph.  A red car in that long line overreacts, strongly tapping the brakes, slowing to 30 mph.  Now all cars behind the red car must slow to 30 mph to avoid rear-ending the car in front of it.  A white car fails to see everyone slowing to 30 mph and eventually slams on the brakes, stopping completely.  Every car behind the white car must now stop completely to avoid hitting the vehicle in front.  A traffic jam has officially formed without a collision occurring. In 2008, the University of Nagoya was able to demonstrate the creation of a phantom traffic jam in an experiment.  You can watch footage of that here. All it takes to create a traffic jam is one inconsiderate, aggressive, or inattentive driver.  That driver is likely not even aware of the inconvenience he or she is creating for every other vehicle.  Now, not every incident of lightly tapping one one's brakes is going to cause a traffic jam.  Traffic jams are much more likely to form in dense traffic.  On the freeways, for example, drivers will see many more traffic jams during rush hour when traffic density is at its peak.  At high levels of traffic density, traffic jams will almost always form, even on perfect roadways.  And as any Southern California driver who has ever driven on the 405 can attest, we don't have perfect roadways, so we should be prepared for the next traffic jam. Experts say that drivers who identify traffic ahead and anticipate the need to brake early don't have to slam on the brakes and potentially cause a backup for other drivers.  Other remedies to the problem of phantom traffic jams point to automation.  Lowering the speed limit dynamically when a traffic jam is detected miles ahead could break a traffic jam or prevent a larger one from forming.  Autonomous vehicles could also prevent traffic jams, as the vehicles would be able to talk to each other to avoid a backup in traffic.  These futuristic solutions are several years or even decades away from becoming reality. One surefire way for a traffic jam to form is a car accident.  The car accident attorneys at Law Offices of Scott Warmuth help the victims of car accidents pursue their personal injury claims with expert guidance and advocacy.  For a free injury consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]