Wednesday, March 31, 2021

93.1 KISS FM – Ask A Lawyer, Part 11

Woman

You’re listening to Mike and Trisha Mornings on 93.1 KISS FM.

Trisha

Okay. We’re back with Michael Gopin for our Ask a Lawyer segment. So earlier, we were talking about the 3M class-action lawsuit. And you can go to kisselpaso.com and check out more details about that lawsuit as well as get a link to his phone number and his website. But right now, we’re gonna ask just a couple of general questions that we’ve gotten either on the free 93.1 KISS FM mobile app or via the website. So, Andrew wants to know, he said, “I was driving down the interstate, and I saw a car in front of me about to be hit by a semi. The car swerved right, and ended up hitting the front of my car.” And he wants to know who would be at-fault for this accident, and do I have a claim I could potentially file?

Michael Gopin

Yes, Andrew, you would have a potential claim. From your description of how the accident happened, it appears that the car that swerved was the one that was at fault. He didn’t take proper evasive action and caused the wreck with you. He may try to blame the other vehicle, the semi-truck that may have been close to getting into an accident with him. But the fact is, that the semi didn’t hit him. There was no contact and doesn’t give him the right to take the action that he did without keeping a proper lookout. So, yes, you could potentially file a case against him. Hopefully, you weren’t injured, and it’s already been taken care of, but there is a potential case there, yes.

Trisha

Hmm, okay. Jack says his wife passed away, and he’s not on the mortgage. He said, “My wife didn’t have a will. What can I do?” This is pretty common. There are a lot of people who don’t have wills and don’t have anything written down. And so, I mean, there are specific legal steps that happen after that. So what can Jack do?

Michael Gopin

Well, there’s two different things that Jack could do. He could go to probate court. And even though the person didn’t have a will, which means he died intestate they call it, you can still set up a representative of the estate, you know, go to court. Get a personal representative, which is usually is the spouse, in this particular case, and that person will be in charge of distributing the assets of the estate. The spouse in Texas typically gets 50% of the estate in the event there’s no will, and the surviving children split the other half. The good thing about, you know, having a will is you get to determine who, you know, inherits your property.

The question here was more in terms of the mortgage, and to get the name of the person who is dead off the mortgage and the deed. You can do that also by what they call an affidavit of heirship, and that’s a device that you’d still have to go through the courts. But you would detail to the court who is a beneficiary, you know, the children, and the spouse, and so forth, and have it signed off, and have a hearing, and you can probably get the mortgage situation fixed that way. That’s a little bit simpler than the representative issue.

Mike

And then, just like that, you get to make the payments every month.

Michael Gopin

Right, what a deal.

Mike

Yeah, I’m telling you.

Trisha

Well, okay. So here’s a question I would have because he’s like, “My wife passed away. I wasn’t on the mortgage.” Could the kids, like, go around it? Maybe they don’t want him, you know, to get the house. And what would happen to the stuff in the house?

Michael Gopin

Well, that’s why you need a will so you determine, yourself, what happens to everything. And these types of situations, you know, can cause a lot of family problems. So in the event that we’re talking about here, no will, assuming that the property was community property which means it was bought during the marriage, and it wasn’t separate property of the husband before the marriage, assuming it’s community property, you know, they cannot actually kick the father out of the house. But they may end up owning half of the house, and that may not be, you know, what the wife really intended. So there’s a lot of complications that can, you know, happen, and a lot of families can really go to pieces during these situations.

Trisha

And so the stuff that’s in the house…

Michael Gopin

Same thing.

Trisha

…could the kids come in and start, like, taking possession of things?

Mike

Really?

Michael Gopin

No, they’re not gonna be able to take possession without a court order. But they certainly, you know, could potentially own half of the community property.

Trisha

And that will be real pleasant when they start…

Mike

Isn’t it always? I mean, family, don’t they agree on everything?

Trisha

Everything.

Michael Gopin

Of course, all the time. Money doesn’t matter.

Mike

Okay. What about in this kind of a situation? What about if, so you’re both on the mortgage, but when you bought the house together you weren’t married yet. And so, the maiden name is on there, not the married name. Does that make a difference?

Michael Gopin

No, it doesn’t make a difference at all. But it does make a difference with what type of property it is. So since this property would’ve been bought before marriage, it’s technically 50% the wife’s separate property, 50% the husband’s separate property. And when you’re inheriting that, the 50% separate property, there’s different rules for separate property than community properties. So the spouse, in that case, will only get one-third of the 50%, the kids would get two-thirds of the 50%, and it’s just a different set of rules.

Mike

Oh, wow.

Michael Gopin

So depending on when you purchase, it makes a big difference. So, my advice to people is to have a will and decide for yourselves what you want to do with your property and the personal items before you die. It makes it so much simpler.

Mike

It really does. It sounds so confusing, and a whole a lot of math involved.

Trisha

Yeah. And, you know, believe it or not, there’s…I mean, Mr. Gopin knows this. My dad’s a lawyer, and this is the kind of work he does. He does estate and probate stuff. And I cannot tell you how many times I have seen people fight literally over kitchen towels. It’s like, it doesn’t matter what’s in there, somebody else wants it. So it’s like, get a will, and don’t be general about it. You need to be real specific. And I know it’s a pain in the neck, and I know it costs a lot of money. But trust me, you don’t want to see some of the ugliness that goes on, you know, when people are trying to split up an estate.

Mike

Ask a Lawyer, Michael Gopin is our guest. Eric wants to know…and this is probably something a lot of El Pasoans can relate to. He says someone crashed into his yard and they damaged the rock wall. Can he take them to court?

Michael Gopin

Yes, Eric, you can take them to court. You can sue them in JP court, or you can sue them in district court here in El Paso. You know, you’d have to show and prove the damages to the rock wall. You get estimates of what it would cost to fix or repair. But, yes, you would have a case against them. Hopefully, they have automobile insurance that would help cover the situation. If they don’t, you may have a difficult time actually recovering money. But, yes, you can go to court and make a case.

Mike

Is there, like, a number, as a lawyer, where you look at something like this, like if the damage was minimal, or even as a person, like, do you even want to pursue this? For example, if you have a deductible or something like that, would it fall on the homeowner, or does it fall on the person who caused the accident?

Michael Gopin

The deductible doesn’t apply in this situation. The deductible is only for your insurance. So if Eric was using his own homeowner’s insurance to pay for it, then the deductible would be in play. But if he’s suing someone else for the accident, there’s no deductible issue for liability against that person. So, he wouldn’t have that worry or concern. It’s only when you’re using your own insurance to recover the deductible issue matters.

Trisha

Okay. And then the last one is from Oscar, and he wants to know, does expungement clear my record?

Michael Gopin

Yes, expungement would clear your record. It’s not automatic. You have to, again, go to the court, and try to expunge or get rid of that issue, or arrest, or whatever the situation was. You’d have to…you know, I would recommend going to, you know, a criminal lawyer who does this type of work exclusively. Maybe a board-certified criminal lawyer, and that can happen. Yeah, it takes some time. And there’s definitely effort involved, but it can be expunged. And then it would be clean. It wouldn’t be on our record anymore.

Mike

Is that the legal term for expungement? It’s like it never happened?

Michael Gopin

Correct.

Trisha

Yeah, it completely wipes your arrest record.

Mike

Oh, cool. Hey, does that also pertain to traffic tickets?

Michael Gopin

Yeah, I’m sure you could potentially do that, too. I haven’t heard anyone expunging traffic tickets before, but it is a criminal violation. So it could happen. I know you have so many that [crostalk 00:09:29.091].

Mike

Well, no, it’s just that…

Trisha

I was gonna say, Mike said, “Asking for a friend.”

Michael Gopin

Asking for a friend.

Mike

Like, some of them, like, they affect your auto insurance, you know, because they’re on your record for, what is it, three years or whatever. So that’s why I was asking.

Together

For a friend.

Michael Gopin

For a friend.

Mike

Okay. All right. Well, Mr. Gopin, again, a lot of education going on at Mike and Trisha Mornings with this segment of Ask a Lawyer with Michael Gopin. Thank you so much for your expertise. We do appreciate that.

Michael Gopin

Thanks for having me, guys. Have a great day.

Together

You, too.

Mike

And we’ll talk to you next month. Ask a Lawyer with Michael Gopin on Mike and Trisha Mornings. You can go to kisselpaso.com if, you know, something has occurred to you that you would like to get some answers to. Just go to kisselpaso.com at the top of the page, Ask a Lawyer, click on that. Read up on the services that Mr. Gopin can help you with. And then, you can submit your question for the next time we talk to Michael Gopin on 93.1 KISS FM.

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93.1 KISS FM – Ask A Lawyer, Part 10

Women

Waking up with Mike and Trisha on 93.1 KISS FM.

Trisha

Oh, no.

Mike

Hang on a second. Hang on. No, it’s because I’ve gotta do all this button-pushing.

Trisha

Oh, okay.

Mike

That’s why. Hold on a minute because I gotta do all this button-pushing.

Trisha

Okay. Well, while you’re doing that, I’ll talk about this.

Mike

Okay.

Trisha

Okay. So this is our Ask a Lawyer segment. It’s brand new on Mike and Trisha Mornings, and we are talking to lawyer Michael Gopin.

Mike

Hi, Michael.

Michael Gopin

Good morning, guys. How are you?

Trisha

Very nice. We’re good. We’re good. Okay. So, we have a lot to talk about this morning. So let’s jump right into it. So, I know that if people have seen your commercials, they’ve seen the one about the defective 3M earplugs. Now, my son served eight years in the military and three tours in Iraq. And he came back ultimately with 40% hearing loss in one ear and 20% in the other. And so, you are doing this…you’re part of this class-action lawsuit, right?

Michael Gopin

Yes, correct.

Trisha

Okay. So…

Michael Gopin

These are cases… Go ahead.

Trisha

No, no, no. You go ahead.

Michael Gopin

These are cases against 3M, not against the Army. Many people are worried that they’ll be suing the Army, or the government, or something like that. This is not about that. It’s about the manufacture of the earplugs themself, 3M.

Trisha

Okay. So that was one of our questions. It was who is responsible for the earplugs being defective? It’s the company.

Michael Gopin

Correct. Exactly.

Trisha

Okay. So how exactly were the 3M earplugs defective?

Michael Gopin

Well, the government contracted with the company to have these earplugs block out noise at certain levels, and they didn’t do it. So, they were less than the standard that was agreed upon. And so because of that error or negligence that’s being alleged, people have lost their hearing, partial loss like your son. Other people have had tinnitus, dizziness, ringing in their ear issues. So there’s a lot of damages that people have suffered because the earplugs weren’t the standard that the government needed and requested, and that’s the problem. That’s the issue in this case.

Trisha

Okay. So, we have a question from Jose. He said he served in the military between ’02 and ’05. He said, “I’m unsure if we used these types of earplugs.” But he did do two tours overseas during this time. Would he still qualify?

Michael Gopin

Yes, he certainly, and most probably, would qualify for this. If you were overseas deployed between 2003 and 2015, those are the years that these earplugs were used. So, yes, he would need to… We would like to get him to consult with an attorney. He can call our office, and we can get him started. These cases take quite a bit of time and are extensive but, yeah, he needs to get that going. So, 2003 to 2015 are the years that people are eligible for this.

Mike

How did it go so long? Oh, my gosh. I mean, that’s a lot of years that these things were being used.

Trisha

And a lot of men and women who were serving with them.

Mike

Yeah, like, how could they not know in the years that these things weren’t working the way that they’re supposed to?

Michael Gopin

Yeah, that’s hard to imagine but, you know, it takes time to have hearing loss. And so, you know, it doesn’t happen overnight, and people, you know, may not complain about it immediately or even realize. The hearing may go down, you know, a little bit at a time. And then, they have more and more needs because, you know, more and more things happened while they were overseas, and their hearing gets damaged worse. And then more and more people are figuring this out, and that’s kinda what happened.

Trisha

Okay. So one of our other questions is if I’m a retired veteran, do I still qualify?

Michael Gopin

Yes, you certainly do. If you’re in the military now or a veteran, you still qualify as long as you’re 2003, 2015. Those are the key times.

Trisha

Okay. So there is a trial that’s coming up. Is it too late to try to get in on this class-action lawsuit?

Michael Gopin

No, it’s not too late. Time is of the essence, depending on when you were deployed and so forth but, no, it’s not too late. Just give us a call. Give another attorney a call, and come on out. And we’ll look at all the facts of your case, and try to get it all taken care of for you.

Mike

So what’s the timeline. Like, is there a cut-off, like, once the trial starts? Is that how it works?

Michael Gopin

No, there hasn’t been a set timeframe yet, but we expect that the deadline to be sometime in this current year. The court will let us know in terms of the class-action, and there’s lots of different cases. Some of them are being tried. Some are being, you know, held together. So, you know, hopefully, after a couple cases are decided, they’ll reach an agreement with the whole entire class, and settlements will start coming.

Mike

Can you explain how class-action lawsuits, in general, work because this is what this is, right? A class-action lawsuit?

Michael Gopin

Correct. Class-action lawsuits are generally when there’s a class of people, in this case, either active military or veterans, who have been damaged by, you know, a product in this case. And so, there’s multiple, multiple victims or, you know, people who have been injured by the product. There’s too many to necessarily try them all. If you have, let’s just say, there’s 100,000 or more people who have been damaged by these earplugs, it would be really, really difficult to have all of these cases tried by a jury or a judge.

So, they gather them, kinda bind them together into a class, which a class of people, and that’s how they work. You know, this has been done with a lot of drugs in the past, with the tobacco company, you know, with cigarettes and so forth. So, they’re very common, and they’re used when such large numbers of people that are damaged, it’s much easier to do it with a class-action.

Mike

So it’s kinda like an all-for-one, one-for-all kinda thing, you know?

Michael Gopin

Definitely.

Mike

So whatever verdict is reached, it’s the same for everyone in that class-action lawsuit.

Michael Gopin

Yeah, it’ll depend on, you know, how badly they’re damaged. I mean, everybody’s different. So if one person has lost 10% of his hearing, another person’s lost 60%, you know, there will be different degrees. So the person with 60% loss will have a higher recovery than the person with a slighter loss.

Trisha

Yeah, I mean, you’ll get a settlement. But what you’re settlement will get will depend on what your damage has been occurred.

Mike

Oh, I gotcha.

Trisha

Yeah.

Mike

Okay. All right. Well, if you have any questions on those 3M earplugs, please do call us at 880-9393. You can also find Michael Gopin online and get your questions answered that way. But you can call us, and we’ll point you in the right direction. We’ll be right back. It’s Ask a Lawyer with Michael Gopin. We have some general questions that Mr. Gopin will answer next on Mike and Trisha Mornings.

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Tuesday, March 9, 2021

Federal Database Shows 56,000 Violations for Alcohol, Drug Abuse by Truck Drivers in 2020

Because semi-trucks and other commercial vehicles are large, heavy, and require special skill to operate, any level of impairment can result in disaster.

Given that alcohol and drug abuse are a major cause of truck accidents, it’s no wonder the Federal Motor Carrier Safety Administration (FMCSA) created a nationwide database to track cases of truck drivers being cited for failing a drug or alcohol test. The database has been in use for a little more than a year, and the results are staggering.

More than 56,000 Drug and Alcohol Violations Were Recorded Last Year

A recent report by Transport Topics explained there were more than 56,000 recorded violations for drug and alcohol use among truck drivers in 2020. In particular, there was a surge in the final two months of 2020, with more than 10,000 violations being recorded during that time period.

The report includes drivers who tested positive for drugs or alcohol in their system. It also included those who refused to take a test when asked or were suspected of cheating on a test. More than 1.6 million truck drivers and 197,000 employers registered for the database in 2020.

With an estimated 5.1 million truck drivers under FMCSA authority, 56,000 violations represent about one percent of all truckers on the roads.

The Problems They Are Encountering

While the FMCSA database is designed to prevent truck drivers from switching employers after a failed test, some in the industry have voiced concern about some aspects of the program. Of the 45,000 drivers who lost their jobs after a failed test, 34,000 of them have not completed the required return-to-work process.

Dave Osiecki, president of Scopelitis Transportation Consulting, said the low number of drivers returning to work after recording a violation shows that many drivers are leaving the industry. This is an issue at a time when the U.S. faces a shortage of truck drivers with a pandemic still raging.

Drug Test Failures

While there were 1,203 recorded violations for drivers abusing alcohol, the vast majority of the violations were due to drug use. Some of the most commonly abused drugs that caused drivers to fail a test include:

  • 29,500 violations for marijuana
  • 7,940 violations for cocaine
  • 4,953 violations for amphetamines
  • 1,120 violations for suspicion of trying to cheat a drug test

How Michael Gopin Can Help You

Truck accident claims are complex and can be challenging to navigate if you’ve been injured. There are likely multiple parties who are liable for your injuries, and there’s usually more at stake because truck accidents tend to result in severe injuries.

Michael Gopin and his team can help identify all the liable parties in a crash, investigate if driver violations caused the collision, handle all the settlement negotiations, take care of all your paperwork and communications needs, and represent you in court if necessary. We have more than 30 years of combined legal experience, so we know what it takes to win these battles.

Contact a Texas Truck Accident Attorney

Have you been injured in a truck accident and need to talk to a lawyer? Call the Law Offices of Michael J. Gopin, PLLC today or visit our contact page for a free initial consultation.

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Thursday, March 4, 2021

93.1 KISS FM – Ask A Lawyer, Part 9

Announcer

Waking up with Mike and Tricia on 93.1 Kiss Fm.

Tricia

Okay. We’re back with our “Ask a lawyer” segment with Michael Gopin. So, so far we’ve talked about things like common law marriage. We’ve talked about whether or not you are in a lawsuit and deserve a settlement. Also a missed toll invoice from out of the county. And then now we’re talking about slip and fall accidents, which is something that Mr. Gopin takes care of a lot. So this last question comes from Josefina [SP] and she said, “My daughter fell at her job about three months ago and broke her ankle. Her employer doesn’t want to cover any of her medical bills. They also let her go after two weeks because the doctor said that she would need to stay off her ankle for at least a month. Is there anything we can do about this?”

Michael Gopin

Yes, there is. But this is actually a more complicated question than you would think. The first thing that needs to be answered is, is there Texas workers’ comp? If there’s Texas workers’ comp, the law is different if there’s no comp. If there is comps, you would have to follow a Texas worker’s comp claim, and then she would have protection also for that wrongful termination type case. If there is no workers’ comp and then it’s called a non-subscriber case, then it would be a direct case against the employer. In that case, you’d have to be able to prove that the employer did something negligent that caused the slip and fall and the broken ankle. Just because you’re hurt at work when they’re a non subscriber, doesn’t automatically mean that you’re entitled to have your employer pay for your loss wages and medical bills and things like that. So assuming that it’s a non-subscriber case, she would have to show at least 1% fault for the employer that caused this accident. The employee has a little bit better benefits in this situation because they could be 99% at fault for the accident and the employer just 1% and the employee wins. On the downside for this, a non-subscriber cases, you cannot file a wrongful termination case. So if they don’t have workers’ comp, Texas is a at-will state and you’re not protected from the termination. So it would be strictly injury type claim. So that’s kind of how it’s broken down.

Mike

So then the only thing really that you could go after them legally would be to pay you back for the medical bills.

Michael Gopin

Medical bills, pain and suffering, lost wages, impairment, future medical bills, things like that. Yes.

Tricia

Wow.

Mike

That doesn’t sound too shabby. I mean, you know even when…

Michael Gopin

That sounds like a serious injury if she broke her ankle.

Tricia

And it has to be down for a month, that’s bad.

Mike

Like what would be a situation where they would be 1% negligible?

Michael

Well, you know, let’s say a traffic case. You’re driving and someone runs a red light but the other guy, you know, should have been able to stop, didn’t, maybe was going too fast. So they’re a little bit at fault. Not more than the other guy, but there’s still some percentage of fault. So if it was a slip and fall case, maybe they should have cleaned it up sooner. You know, the employee, you know, saw it there and still fell anyway, but the employer was a little bit responsible for it because they didn’t have a safe place to work, safe environment. And so therefore the employee would be in good shape for that lawsuit.

Mike

What if you were stepping ankle rolled on you and you sprawled all over the parking lot?

Michael Gopin

Well, most likely in that situation, is just an accident and it wouldn’t be the responsibility of the employer.

Mike

Okay, all right. So that’s what you mean by having to prove that they were at least 1%, you know, responsible for that.

Michael Gopin

Correct. But then if there was Texas workers’ comp insurance, then it’s automatic and you would be able to recover no matter what.

Mike

Yeah, yeah. But this one doesn’t sound like there is though, does it?

Michael

Not from the way I read the question, but perhaps they’re not aware if there is Texas workers’ comp or not because the employer doesn’t really have to go out of their way to, you know, to file the claim for you. That’s your duty and burden, so.

Mike

Wow, all right. Okay. So all of these types of scenarios definitely worth the free consultation for Michael Gopin, if you’re in these kinds of situations, absolutely. Thank you again, Michael Gopin very informative as usual.

Michael

Thank you so much.

Tricia

Thanks.

Mike

Michael Gopin “Ask a lawyer.” For more details on how to ask a lawyer, if you’ve got a question for a future show, we’ll do this about a month from now or how to get a hold of Mr. Gopin, call us at 880-93-93, or log on to kisselpaso.com. Michael Gopin “Ask a lawyer.” Thank you, sir.

Michael Gopin

Have a great day, guys.

Announcer

Where Mike and Tricia Start your day. Today’s best mix helps you through it. KSII El Paso, a Townsquare Media station.

Song: Lets go.

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93.1 KISS FM – Ask A Lawyer, Part 8

Tricia

Waking up with Mike and Tricia on 93.1 KISS FM. We’re back with Michael Gopin for our “Ask a Lawyer” segment. This time around, we are gonna be giving you a question from Socheel [SP]. Now, her daughter missed a toll invoice from Harris County. The picture on the invoice is not her car, but the license plate is. She said, “Her daughter has not been in Harris County since 2015, so how can she get this dismissed?”

Michael Gopin

Well, she’ll have to contact the people on the invoice, explain the situation, probably provide some evidence that her car is a different type of car model and so forth, and dispute it. That’s the only way that she’d be able to do that. You know, they have the burden of proof in this type of case to prove it was actually her car, her vehicle that missed the toll. So they have to prove that against her.

So she’ll need to get her evidence together, provide it to the people who are doing the invoicing. I’m not sure who that would be, but she should have that on her little ticket that she received in the mail, and that should take care of it.

Mike

But what if the photo shows like she says the license plate, and it is her daughter’s license plate.

Michael Gopin: Well, she’ll have to tell them and provide proof that, you know, perhaps her license plate was stolen or reproduced or something, and that her car is attached to a different license plate so she would have to, you know, get, you know, evidence on that, you know, whether it be from the registration of her vehicle. That may be a good place to start.

Tricia

Yeah that would be my bigger concern. I’d be like “Wait a minute.” So, yes, your license plate, no not your car. I’d be like, “We need to look a little bit deeper into that.”

Michael Gopin

Right.

Tricia 

You know, so…

Mike 

Especially if your plates were never stolen.

Michael Gopin 

Right, yeah. Exactly.

Tricia 

Exactly. If you’re like, “No, my plates have never left my car,” you know? So that’s a big problem.

Mike 

That also sounds like a tough thing to prove too.

Michael

Yeah. It will definitely be an interesting case there, but I think if she can reach out, they should be helpful in terms of getting that taken care of for her.

Tricia

I don’t know, not so tough, because if she’s got…like if she’s only ever had one car, well, then it’s an impossibility for that car to be associated with that license plate. And if she’s had a couple, well, then you can go through the county records and show that you never had a vehicle of that type attached to that license plate.

Mike

It’s just that sometimes some of these entities are so hard to deal with, you know? Like they make up their mind and they’re not gonna hear anything, or they blow you off, or you can’t even get a hold of a person.

Michael Gopin

That’s the biggest problem, exactly.

Mike

Okay. Let’s move on to slip and falls now.

Tricia

Okay.

Mike

This is something that Michael Gopin deals in all of a time. You have accidents, he has answers about those questions, about slip and fall accidents.

Tricia

Okay, this is from Vilma. She says, “I live in a duplex that I rent. I’ve been hassling my landlord to fix the carpets in our house because my youngest keeps tripping over the carpet. Well, the other day, he fell really hard on the rugs, and cracked open his head. We had to call the ambulance, have him taken to the hospital, he had to have stitches, and he had a concussion. So she wants to know, is this an issue we can go after the landlord for? We have a ton of medical bills, and there’s no way we can afford to pay them.

Michael Gopin

Yes. Certainly this is a type of case that we can go after the landlord. We would need documentation. We would like to see pictures of the carpet, also any communication that you had with the landlord prior to the accident indicating that this was a problem, we need to get it fixed, and the landlord’s responses to those questions.

So, you know, depending on, you know, exactly what was wrong with the carpet situation, we can try to make a claim for negligence against the landlord for the injuries that your child suffered. And the age of the child is important too, because they’re gonna say, “Well, you knew it was there, and you still fell.” But, you know, if the child is young enough, which it may be in this case, you know, that defense may not, you know, be very helpful for them.

Tricia 

And I think a lot of people, and only because I grew up as the daughter of a lawyer, any time something like this might come up, I’ve always told people, “Get a notebook and make sure that you have in writing conversations. Make sure that you have emails, or text messages, or actual postal letters because you’re gonna need to be able to show those in court. Verbal is very tough to prove.” And, especially, in this damage, you’ve got text message possibilities, email possibilities. There are just so many opportunities. And take pictures. I mean, you’ve got a phone, use it.

Mike

Sure. Yeah. My son is a renter. And I tell him all the time, “Anytime, you know, you have issues with the landlord, you know, you don’t just go to the office and tell them, you know, or follow up with an email or something, ‘As per our conversation,'” blah, blah, blah, you know.

Michael Gopin

Yeah. Documentation is everything. And the key issue here is notice to the landlord. The landlord would have to have been given notice that there’s an issue or a problem, a defect with the carpet. So, giving them that notice triggers their liability so that’s really important.

Tricia 

Okay, second question. This is from Jaime. He said, “I tried to hire a lawyer about three weeks ago for a slip and fall accident that happened at a local gas station. The lawyer I called said that he didn’t have a case, and that he didn’t follow the right procedures when it came to filing his claim.” So, is there anything that your office can possibly do for Jaime? He said, “His main concern was not having photo proof or a report from the store where it occurred.”

Michael Gopin

No, of course, we can still help you. You know, those things aren’t mandatory. I mean, they’re very helpful and they’re important, but your case is not over if you don’t have a written report from the store, or if you don’t take photos of the store, that your case is not over. Your case could be, you know, harmed in some way, you know, by not having those…that information or the report or so forth, but it’s certainly not over. So depending on the facts of the case, what happened, what type of injuries were suffered, yes, an attorney in personal injury such as ourselves can definitely help you.

Mike

Okay. Now, we have 1 of our 70 listeners, we’ll be right back, and the question has to do with somebody getting hurt at work, and an employer not wanting to cover the damages that happened to this person. We’ll see what Mr. Gopin has to say about that. “Ask a Lawyer” returns next on “Mike and Tricia Mornings.”

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93.1 KISS FM – Ask A Lawyer, Part 7

Tricia 00:00

Okay, so here we are. We’ve got our special guest, Mr. Gopin, Mr. Michael Gopin “Ask a Lawyer.” Good morning.

Mr. Gopin 00:09

Good morning guys. How are you?

Tricia 00:10

We’re good. Okay, so we have got a lot to get to. So I think we should get started because we got some really good questions from the app.

Mike 00:17

These are, like, all over the place aren’t they?

Tricia 00:19

Yeah, they really are, they really are. Okay, so our first app question. This is from anonymous, and she said, “She’s been in a terrible off-and-on marriage for 17 years. He was always the breadwinner, she was always the stay-at-home mom. Well, back in 2012, they got a Common Law certificate so she could be added to his health insurance. Now here’s your question, she wants to be able to claim his social security when she’s older. But because they divorced and then remarried, it wasn’t a 10-consecutive-year span. Next year will the legal 10 years as per the Common Law certificate, it will be. So does she really have to wait until next year to file for divorce from this man is her question?

Mr. Gopin 01:02

Well, that’s a little complicated. Just because you have the Common Law certificate doesn’t mean that you weren’t common law married prior to that time. So it’s certainly possible that she has been common law married to her husband for longer than the 10-year period. The 10-year period is only used for the maximum social security benefits, not for any social security benefits.

So depending on how old she is, you know, at 62 years old, she can start applying for benefits under his social security, if they’re still married or divorced, as long as she’s not remarried. When she becomes remarried it’ll be under the new spouse’s social security. So it’s kind of complicated. The certificate for the common law certainly is helpful in terms of proof, in terms of proving how long you’re common law married, but certainly, you could be common law married and never even have a certificate. So it’s not the only evidence that could be used. But, to maximize your benefits, you know, 10 years would be important. Of course, if you’re not divorced the time you file, your divorce petition, you would become finalized later. So it still may hit the 10-year mark anyway even after you file for divorce.

Mike 02:17

Okay. Is it something that she should consider hiring a lawyer for?

Mr. Gopin 02:23

Yeah, I would definitely consult a lawyer and, you know, you’d like to look at the exact dates of the certificate for the common law, and also what type of proof she has they were married before that common law wives. I don’t know if she said that she was divorced and remarried this man so I don’t know if the first time they married in a ceremony and not common law or what the circumstances regarding that, but that all kind of plays into the facts here.

So it would be very important to consult a lawyer to try to get the best advice possible because there’s lots of questions that are important in terms of, you know, little minute facts that may change things.

Mike 03:07

And is it a specialty type of lawyer for this kind of a situation?

Mr. Gopin 03:11

Yeah. I would consult with a family lawyer, someone who does divorces, that type of cases. There are lots of great lawyers here in El Paso that do that type of work, and I would consult one of them, and see what they advise.

Mike 03:28

Now, let me ask, what about social security lawyers? I see bill boards for that type of service as well, or is that something entirely different?

Mr. Gopin 03:35

That is entirely different. And what you’re seeing for social security, those are social security disability type cases. So if someone is unable to work because of injury, whether it be physical, mental, or any type of reason, then they could qualify for social security disability payments depending if they have enough credit and time into the social security system to be eligible.

Tricia 04:01

Okay. Okay, second question. This is from Marissa. She said she was in a lawsuit about a year and a half against an old employer, and she was hearing from other people that were in on the lawsuit that they got a good settlement, but she hasn’t heard anything. So she called, and they said that she wasn’t part of the lawsuit, but she would get a call back from them. Well, they haven’t called back yet and they’re dodging her calls. She says, “I have emails of me sending my paychecks and conversations, what can I do about this?”

Mr. Gopin 04:31

Well, you may not have been involved in this lawsuit. I mean, to be involved a lawsuit, you have to file paperwork at the courthouse. So I’m not sure if you were included in this case or not. I don’t know if you hired a lawyer, and I’m not sure exactly what you mean by you have emails. I’m assuming that you’re meaning, you know, to your employer, but your employer doesn’t have a duty to include you in any lawsuit or settlement if they don’t want to. It’s your burden to actually bring the lawsuit, a formal lawsuit.

So it’d be my advice, at this point, I’m not quite sure what type of case you have against your employer, but I would consult an attorney and see what my rights are. Because there are time issues that can be involved here depending on what’s going on. So, I would definitely consult a lawyer, you know, very quickly to see if you have rights, if you’re included in this lawsuit or claim, and what’s really going on.

Mike 05:33

Yeah. Because then, you know, you could deal…the lawyer could hear what you meant, specifically, by emails and conversations, and make a much better determination that way. He is Michael Gopin feature is “Ask a Lawyer.” We will be right back. We got a ton more questions to ask of him. Mike and Tricia Mornings on 93.1 KISS FM.

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Tuesday, March 2, 2021

Women More Likely to Be Seriously Injured in Car Accidents

By the time you finish reading this page, a car crash will likely have occurred somewhere in Texas. One report from the Texas Department of Transportation found someone was injured in a car crash every two minutes and seven seconds.

According to a new study from the Insurance Institute for Highway Safety (IIHS), the victim of that car crash will likely be a woman. The study shows that women are much more likely to suffer a serious injury in a car accident than men are. Keep reading to learn more about the study and what to do if you’ve been involved in an accident.

What the Study Says

The IIHS study found that women in cars are 20-28 percent more likely to die in a car accident than men on a per-crash basis. Researchers also found that on a per-crash basis, women are 37-73 percent more likely than men to sustain a serious injury in an accident.

The biggest reason for this discrepancy in injury rates, researchers say, is the type of cars women tend to drive compared to men. Prior research shows women are more likely than men to drive smaller, lighter cars, which offer less protection in the event of an accident. This is particularly true for side-impact crashes and when the front of a woman’s car collides with the rear of another vehicle.

Researchers were quick to point out that comparing similar crashes involving similarly sized vehicles shows safety improvements in vehicles have generally benefited women and men roughly equally. Safety experts are also under increasing pressure to use newer, better test dummies in crash tests that more accurately reflect how women’s bodies handle accidents to create safer vehicles.

IIHS Vice President of Vehicle Research Statement

Jessica Jermakian, the IIHS’ Vice President of Vehicle Research, supported the study’s findings. She noted that “the difference in the odds of most injuries narrows dramatically” when taking into account the types of cars that many women drive and the nature of the accidents that they do get into.

Jermakian added that additional research could help lead to further safety improvements and fewer serious injuries among women. She notes that “changes like strengthening the occupant compartment and improving seat belts and airbags have helped protect both men and women.” She further stated, “Homing in on the risk disparities that still exist in compatible crashes gives us a great opportunity to make further gains.”

How Michael Gopin Can Help You

If you’ve been injured in a car accident, the Law Offices of Michael J. Gopin, PLLC can help.  We gather evidence to build your case, handle all communications with the insurance company, make sure your paperwork is filed correctly, and aggressively negotiate for maximum compensation.

Attorney Michael Gopin has been practicing law since 1987 and has helped thousands of Texans recover compensation for their injuries. We’re proud to serve our community by offering high-quality legal representation to accident victims. 

Contact an El Paso Car Accident Attorney

Want to know more about our legal services? Get a free initial consultation by calling the Law Offices of Michael J. Gopin, PLLC or visiting our contact page.

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