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Happy Independence Day!

Topics: From Our Office

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[vc_row][vc_column][vc_column_text]The July 4th weekend is one of the most dangerous on the highways.  Independence Day 2019 is expected to set a record for the number of travelers driving more than 50 miles, with 3.5 million Southern Californians expected to hit the roads for the July 4th holiday.  If you and your family are planning on traveling during the weekend, remain extra vigilant on the roads. Do not drink and drive!  July 4th is typically one of the deadliest days to be on the roads. Our offices will be closed on July 4th and July 5th in observance of Independence Day.  Have a safe and happy 4th of July weekend![/vc_column_text][/vc_column][/vc_row]
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Fireworks Illegal in Many California Cities

Topics: Criminal Defense, Personal Injury

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[vc_row][vc_column][vc_column_text]Do you hear those loud fireworks that go "BANG" in your neighborhood approaching the Independence Day holiday?  Those are almost certainly illegal.  Possessing or igniting fireworks that explode or are otherwise considered dangerous is a misdemeanor punishable by fines and jail time.  What may be less certain is whether "safe and sane" fireworks are legal in your neighborhood.  Safe and sane fireworks is a term that refers to pyrotechnics that don't explode.  Typical safe and sane fireworks include sparklers, colored smoke bombs, black snakes, bang snaps, and similar novelty fireworks. You may have seen some fireworks stands open up recently.  These stands typically sell safe and sane fireworks in jurisdictions where it's legal to own them.  In California, fireworks can only be sold from June 28th to July 6th by licensed retailers, so as quickly as you've seen them come up, they'll be taken down just as fast.  If you're purchasing safe and sane fireworks, remember that they're not actually safe.  It would be more accurate to call them 'safer and more sane' when compared to fireworks that explode.  According to the Consumer Product Safety Commission, sparklers can burn at about 2,000 degrees Fahrenheit.  And nearly 2,000 people suffer burn injuries from sparklers each year. There are many cities in the San Gabriel Valley where safe and sane fireworks are legal, including:
  • Alhambra
  • Azusa
  • Baldwin Park
  • City of Industry
  • El Monte
  • Montebello
  • Monterey Park
  • Rosemead
  • South El Monte
  • Temple City
You can find all the cities in California where safe and sane fireworks are legal here. Please be safe with any and all fireworks this 4th of July!  Please note that the Law Offices of Scott Warmuth will be closing at 4:00 p.m. on Wednesday, July 3rd and will be remain closed until 8:30 a.m. Monday, July 8th in observance of Independence Day.[/vc_column_text][/vc_column][/vc_row]
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America’s Best Drivers Are Not from Southern California

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Insurance company Allstate has released its America's Best Drivers Report® for 2019.  The report ranks the 200 largest cities in the United States on their driving safety, measured by the average number of years between insurance claims.  42 of the largest 200 cities are in California.  None of the cities in California are better than the national average of 10.57 years between claims.  Oxnard, the safest city for drivers in California, ranked 55th out of 200 with 10.1 years between insurance claims. Los Angeles is near the bottom of the pack, ranked 195th.  On average, an Angelino will have an insurance claim every 5.8 years.  Glendale was the only city in California ranked behind L.A.  At 196th, Glendale has a claim every 5.3 years.  Other nearby Southern California cities on the list include
  • Pasadena (187th, 6.8 years)
  • Fullerton (184th, 6.9 years)
  • Anaheim (176th, 7.1 years)
  • Santa Ana (174th, 7.2 years)
  • Long Beach (171st, 7.3 years)
  • Pomona (150th, 7.9 years)
  • Corona (145th, 8.0 years)
  • Riverside (134th, 8.2 years)
  • Orange (109th, 8.8 years)
Of the 15 worst cities, Allstate also gave mention to some of the most dangerous roads in those cities.  Popular freeways made the list, including the 134 for Glendale, the 405 for Los Angeles, and the 210 for Pasadena.  If you drive one of those freeways daily, it's hard to disagree with Allstate's findings. See the full report here. The Law Offices of Scott Warmuth has been helping the victims of car accidents for 35 years.  If you have been involved in an accident, speak with a car accident lawyer today.  Call our law firm at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Debilitating Workplace Stress and Work Comp Claims

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]One question that is repeatedly asked of workers' compensation attorneys is whether or not the inability to work due to stress is a valid claim.  This is not an easy question to answer.  Yes, stress claims are covered by workers' compensation in a sense; stress by itself is not considered the injury.  Stress is a symptom of what California Labor Law defines as a "psychiatric injury", which has its own definitions as to whether or not a worker is entitled to file a workers' compensation claim. The labor code distinctly lists the criteria necessary for a psychiatric injury to be eligible for workers' compensation.  For most claims, the worker must have been employed for at least six months.  Claims that arise from a traumatic event may not require injured workers to have been at the company for six months.  Workers must show evidence that a significant portion of the psychiatric injury developed because of the job.  If a claimant files for workers' compensation after they stop working for the company, the evidence must show that the development of the injury was the main reason for the stress injury.  Terminated workers also need to prove that the injury occurred while they were employed and that it was not specifically due to the result of being fired or laid off. You can read the labor code regarding psychiatric injuries here. Workers' compensation stress claims are a real thing, though they do require special consideration.  If you have been so stressed out from your job duties that you have missed work or have been diagnosed with a psychiatric injury by a mental health professional, it's important to consult with a workers' compensation law firm.  Our work comp experts can help you determine if you have a potential claim for stress.  For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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What If Your EB-1 Application is Rejected?

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The EB-1 visa is the top priority visa for immigrant professionals.  Commonly referred to as the 'genius visa', the EB-1 is for candidates considered outstanding talents in their profession.  Due to an increased number of EB-1 immigrant applications from around the world, the United States Citizenship and Immigration Services (USCIS) guidelines have become more stringent.  Because of these new guidelines, many of our immigration clients who have made significant achievements in their respected fields have received a Request for Evidence (RFE) or rejection letter. Receiving an RFE or a rejection letter is not the end of an EB-1 application for our clients.  One of our recent interactions with the USCIS can help illustrate what can happen.  Our client applied for an EB-1A, but received a rejection letter.  However, in the rejection letter, the immigration officer admitted that the applicant did meet the criteria set forth by the USCIS.  Our immigration team truly believed that our client fully met the standard to receive an EB-1A and suggested simply refiling the paperwork.  In our experience, our client's application would be accepted on the second submission. The second submission, however, also seemed to run afoul of the stricter requirements from the USCIS and received an RFE.  Upon closer inspection, the RFE appeared to be seeking information that was already provided in the second application.  Our immigration team pointed this out in our RFE response and also provided additional evidence that our client was an ideal candidate for an EB-1A visa.  Two days after our response the visa was issued to our client. If your EB-1 application receives an RFE or a rejection letter, it's important to speak with an immigration lawyer.  There may be actions to take that can help you in your ultimate pursuit to secure a visa.  If you have any questions about the immigration process and how an attorney can help, call the Law Offices of Scott Warmuth today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Summit to Discuss Homelessness in the San Gabriel Valley

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]The San Gabriel Consortium on Homelessness will be hosting a public summit to discuss Measure H and its possible affect on the communities of the San Gabriel Valley.  The summit is being held in partnership with the San Gabriel Valley Council of Governments and California State Assemblymember for the 41st District Chris Holden.[/vc_column_text][vc_single_image image="3751" img_size="full" alignment="center"][vc_column_text]Attorney Yesenia Acosta serves on the board of the San Gabriel Valley Consortium on Homelessness.  The Law Offices of Scott Warmuth strives to be an active member of the local community. The summit will take place on Saturday, June 29th from 8:30 a.m. to 12:30 p.m. at the Alexander Hughes Community Center in Claremont.  RSVP for this event by emailing info@SGVC.org.[/vc_column_text][/vc_column][/vc_row]
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What to do After a Car Accident

Topics: Auto Accident, From Our Office

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[vc_row][vc_column][vc_column_text]Client Relations Manager and personal injury expert Jeff Wong explains what steps to take after a car accident.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/6"][/vc_column][vc_column width="2/3"][vc_video link="https://www.youtube.com/watch?v=xihndcnff8M"][/vc_column][vc_column width="1/6"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Watch all of our information videos on the Law Offices of Scott Warmuth YouTube Channel.[/vc_column_text][/vc_column][/vc_row]
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Stop Distracted Driving – Some Tips

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Distracted driving is a huge problem on the roadways, one that does not appear to be disappearing any time soon.  The National Highway Transportation Safety Administration asserts that across the U.S., 3,166 people were killed in 2017 as the result of distracted driving.  These deaths could have been avoided.  A recently conducted survey details some disturbing results, including that a small minority of people say they never get distracted while driving. There are ways to prevent distracted driving.  It's incumbent upon all drivers to drive as distraction free as possible.  Following these tips could prevent a car crash. Avoid multitasking - Drivers should be focused completely on driving. Prepare for the drive - Before leaving the driveway, make sure everything is ready to go.  This includes navigational systems, mirrors, climate, and even volume. Secure pets - Having an animal loose in the vehicle can be incredibly distracting, and even dangerous to the animal.  It's best to secure them using a pet restraint or travel kennel. Secure items - If you try to reach that thing rolling around in the back seat, you're at a much greater risk of an immediate crash.  Try to avoid having loose items in the vehicle that can be distracting. Keep your hands empty - Your hands should be on the wheel.  Not on any type of food or drink, not on an electric shaver or makeup kit, not on a phone, but on the wheel. Keep your cell phone out of reach - Texting and driving is deadly.  So is watching YouTube videos while driving.  If your phone is out of reach, there is no temptation to use it while driving. Passengers are distractions too - Ask your passengers to be mindful of your driving. If you NEED to do something that's not driving, pull over safely! It's estimated that distracted driving is a factor in about 25 percent of fatal vehicle crashes and hundreds of thousands of car accident injuries every year.  The Law Offices of Scott Warmuth helps car accident victims injured by other drivers who were distracted and caused a crash.  For a free accident consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Recognizing Signs of Elder Abuse

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]Elder abuse is a very serious issue that is often overlooked and under reported.  According to experts, for every reported case of elder abuse, five go unreported.  About ten percent of all seniors will experience abuse at some point.  The National Center on Elder Abuse estimates the number of victims of purported elder abuse in America to be somewhere between 1-2 million seniors.  Bringing awareness to the realities of elder abuse is one way to help people learn how to identify and prevent it.  Elder abuse is often the result of crime, and perpetrators can be held criminally and financially responsible for their actions.' There are several categories of elder abuse, each with its own warning signs.  If you identify any of these warnings occurring to your loved ones, consider taking immediate action. Physical Abuse
  • Unexplained bruises, cuts, burns, or other injuries
  • Injuries that occur repeatedly
  • Refusing medical treatment for injuries
  • Serious injuries, including broken bones
  • Adverse reactions to medication
Emotional Abuse
  • Changes in personality or behavior
  • Becoming scared very easily
  • Withdrawing from previously enjoyed activities
  • Insomnia
  • Frequent arguments with caretakers
Financial Abuse
  • Unexplained financial transactions
  • Changes in signature or outright forgeries
  • Unpaid bills
  • Changes made to legal documents, including wills
  • Writing checks or bank withdraws to help a 'friend'
Sexual Abuse
  • Torn or bloody clothing
  • Bruising near the breasts or genitals
  • Diagnosed with unexplained sexually transmitted diseases
Neglect or Isolation
  • Reduced levels of personal hygiene and cleanliness
  • Bedsores
  • Dramatic weight loss or loss of appetite
  • Malnutrition or dehydration
If you suspect your loved one is the victim of elder abuse, contact your county's Adult Protective Services department.  In LA County, that number is 877-477-3646. For more information on elder abuse, you can visit the Health and Human Services elder abuse website. If elder abuse occurs under the care of a nursing home or assisted living facility, victims have the right to pursue damages in court.  The Law Offices of Scott Warmuth offers free legal consultations to the victims of elder abuse and their families.  Call us at 888-517-9888 to speak with a personal injury expert today.[/vc_column_text][/vc_column][/vc_row]
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New DREAM Act Passed in House, Ignored in Senate

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The United States House of Representatives passed the American Dream and Promise Act of 2019, an updated version of the DREAM act, last Tuesday.  The legislation would grant qualifying young immigrants legal residency for 10 years with the ability to receive permanent legal residency.  The American Dream and Promise Act of 2019 would also allow immigrants covered under Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) to obtain permanent residency.  The vote was 237-187. The bill is not likely to become law.  The United States Senate Majority Leader has indicated that the legislation will probably not receive a vote in the Senate.  The White House has also poured cold water on the legislation, threatening a veto.  In the U.S., legislation must be passed by both chambers of Congress and signed by the president before it becomes law.  The Dream Act was first introduced in 2001 and has been presented as a bill in Congress several times.  It is the first time since 2010 since any version of the Dream Act has been passed by the House or Senate. The fate of the young immigrants known as Dreamers remains unclear.  Deferred Action for Childhood Arrivals (DACA) remains in litigation and it's unknown if or when any immigration legislation will be enacted. See the full story here. The Law Offices of Scott Warmuth has been helping immigrants to the United States for more than three decades.  We have helped a countless number of clients obtain visas, green cards, and citizenship.  Our immigration attorneys monitor all changes in the law to best serve our clients.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]