ThePartnership for Analytics Research in Traffic Safety(PARTS) recently launched a collaborative study regarding the effectiveness of automatic emergency braking (AEB) systems. AEB already held promise as a premier safety feature among techies, but no formal automatic braking study had tested the system’s real-world benefits. Were vehicles equipped with AEB and front collision warning (FCW) safer than those without these technologies? If so, by how much? El Paso car accident lawyer Michael Gopin answers those questions in detail.
Results from Automatic Braking Analyses
Theautomatic braking studyshowed that passenger vehicles with driver assistance programs like AEB and FCW decreased rear-end collisions by about 50 percent. Separated by crash type, these are the averages in crash reduction linked to AEB:
49 percent reduction in overall crashes
42 percent reduction in serious crashes
53 percent reduction in injury crashes
AEB was more effective than FCW in preventing rear-end collisions. Compared to the 53 percent decrease in crash injuries for cars with AEB, vehicles with FCW saw only a 16 percent overall reduction and a 19 percent decrease in injury-causing collisions.
Automatic Emergency Braking in Pickup Trucks
El Paso drivers may be surprised to learn that pickup trucks make up only 20 percent of vehicles on the road nationwide. They are far less likely to be equipped with the latest driver assistance technology. However, those with AEB saw a similar 43 percent reduction in overall crashes and a 42 percent drop in accident-related injuries, according to research by theInsurance Institute for Highway Safety.
As a lawyer in El Paso with over 30 years of experience, Michael Gopin maintains that even trucks equipped with AEB can get in collisions. Automated driving assistance cannot overcome the effects of human negligence.
The Science Behind AEB Studies
The 2022 comprehensive AEB study used data from the National Highway Traffic Safety Administration (NHTSA) and reports from U.S. automakers represented by the Partnership for Analytics Research in Traffic Safety (PARTS). The AEB study involved:
47 million cars, including 93 different models, supplied by PARTS
12 million crash reports involving 21.7 million vehicles in 13 states from NHTSA
Third-party analysis linking NHTSA’s crash reports to PARTS’ vehicles
The study analyzed over 2.4 million vehicles involved in crashes, including compact, midsize, and SUVs. In all vehicles, AEB stood out as a useful feature that helped drivers avoid collisions, especially in less-than-ideal driving conditions caused by bad weather, poor lighting, or uneven roads.
The issue now is whether other vehicles should adopt AEB as a standard safety feature.
How Michael Gopin Can Help
El Paso car accident lawyer Michael Gopin keeps up with these studies because they affect the safety of the roads we all share. Since 1987, the experienced accident attorneys at the Law Offices of Michael Gopin, PLLC have maintained their community focus on recovering fair financial compensation for injured victims. If you were hurt in a collision caused by a negligent driver, contact our office today for a free case evaluation.
from https://www.michaelgopin.com/blog/automatic-emergency-braking-drastically-reduces-rear-end-crashes-studies-show/
via https://www.michaelgopin.com/
Tailgating causes accidents, many of which could be avoided if drivers simply kept enough distance between their vehicle and the one in front of them. Tailgating is following another vehicle too closely and is dangerous because it can result in rear-end collisions or lead to road rage. Some drivers tailgate because they become frustrated when a car in front of them moves too slowly or cuts them off, or because they are texting, eating, or otherwise distracted. Here, the team at the Law Offices of Michael J. Gopin, PLLC explains the tailgating laws in Texas and what you should do if another driver follows you too closely.
Is Tailgating Illegal in Texas?
Under Transportation Code§545.062, drivers must maintain a clear distance from the vehicle ahead to stop safely without colliding with it or another vehicle. Failing to maintain a safe following distance constitutes a Class C misdemeanor and carries a penalty of a fine of up to $500.
Tailgating Accident Statistics
Tailgating car accidents are common throughout the United States. But how many accidents are caused by tailgating? According to theTexas Department of Insurance, rear-end accidents (many of which are caused by tailgating) account for nearly one-quarter of all auto accidents nationwide. These wrecks lead to an estimated 950,000 injuries and 2,000 deaths each year.
Why Tailgating Leads to Car Accidents
Some drivers may think tailgating is harmless, but they do not understand the real dangers of tailgating.
Tailgating often leads to accidents because a driver following too closely does not have enough distance to safely stop if traffic ahead suddenly comes to a halt. Furthermore, some drivers do not realize that stopping distance is proportional to the size and weight of a vehicle. For instance, trucks need more stopping distance than passenger cars.
Tailgating can also impair a driver’s perception and reaction time. For example, a driver following too closely may not have time to see a hazard on the road ahead, nor will they have time to physically react to that hazard to avoid a collision.
What You Should Do If Someone Is Tailgating You
If someone is tailgating you, remain calm and remember the following tips to keep yourself and other road users safe:
Maintain your current speed rather than attempting to speed up or slow down. Either maneuver could further irritate the tailgating driver and make the situation worse.
Signal and move to the adjacent right lane as soon as it is safe to let the other driver pass you.
If no adjacent lane is available, signal and pull off the road where it is safe and allow the other driver to pass you.
Never tap or slam your brakes to send a message to the other driver. Hitting the brakes, or brake checking, while another car is behind you could cause the other driver to crash into you.
Stay in the right lane except when passing to reduce the chances of being tailgated by another driver.
Contact a Car Accident Attorney for Help
If you’ve been involved in an accident caused by a tailgating driver, contact the car accident attorneys at the Law Offices of Michael J. Gopin, PLLC today. We can answer your questions and explain your legal options during a free consultation.
As a leading personal injury law firm, one of the most common questions the Law Offices of Michael J. Gopin, PLLC receives is, “What is my case worth?” However, this is not a simple question to answer because every claim is different. Determining the exact amount of compensation for which you may be eligible can be difficult. An attorney can explain how to calculate personal injury damages and the factors that may affect the value of your claim.
Add all of your damages together. This may include:
Medical expenses
Lost wages
Pain and suffering
Property damage
Future anticipated losses
Subtract amounts that you have already received for the claim and any damages you were responsible for.
The difference between these two figures is roughly the amount of personal injury compensation you could receive.
Factors in Determining Compensations
Many factors can make your claim more or less valuable, including:
The Severity of Your Injury
Generally, the more severe your injury is, the more valuable your claim will be. This is because you are more likely to incur more expensive medical expenses, more extensive pain and suffering, and more lost wages.
Lost Wages
Lost wages include pay you lost if you were unable to work because of your injuries, including:
Salary
Hourly pay
Tips
Overtime
Gratuities
Bonuses
Employment benefits
Incurred Medical Bills
Your compensation should include the costs you incurred for medical treatment related to your injuries. Medical expenses you may have incurred include:
Emergency room treatment
Hospital stays
Ambulance charges
Follow-up treatment
Rehabilitation expenses
Mental health service costs
Prescription medication and medical devices
In addition to those expenses you already incurred, anticipated medical expenses you might incur in the future should also be considered.
Shared Damages
Texas uses a modified comparative negligence system if you contributed to the accident. This means that as long as you were less than 50 percent at fault for the accident, you can still seek compensation for your injuries. However, your accident injury compensation is reduced by your degree of fault. For example, if you were hurt in an accident and suffered $100,000 in damages but were found 25 percent at fault, your damages would be reduced by $25,000.
Steps Used to Calculate Compensation
The following steps are involved in your injury claim calculation:
Establish liability – You must be able to show that the defendant owed you a duty of care and breached it. For example, another driver may have driven carelessly and caused a car accident that harmed you.
Gather evidence – The more evidence you can gather to establish your claim, the better positioned you will be to recover maximum compensation. Valuable evidence may include accident reports, witness statements, medical records, photos or videos of the accident scene, repair bills, and wage reports.
Add up your losses – List and add up all of your accident-related losses, including medical expenses, lost wages, estimated future lost income, and property damage. A lawyer may be able to give you a better idea about how much your pain and suffering damages may be worth.
Subtract shared damages – Subtract your amount of shared damages, if any.
Work with an experienced lawyer – Your lawyer can use their intimate knowledge of personal injury claims to give you a better idea about the potential value of your claim and a fair settlement figure.
Contact a Personal Injury Attorney for Help
If you would like a personalized estimate of your claim’s value, the Law Offices of Michael J. Gopin, PLLC can help. We have been in business since 1987. We can help you understand how Texas law applies to your case and the factors that can affect its value. Contact us today for a free case review.
Fall in El Paso marks the return of Miners football, the end of scorching summer heat, and the coming holiday season. While there is a lot to celebrate this time of year, changing weather and seasonal chores can present opportunities for dangerous accidents. Failing to take precautions could spoil the fall fun you and your family have planned.
The legal team at the Law Offices of Michael J. Gopin, PLLC, wants to ensure you and your loved ones have a happy and safe fall. Below, you will find tips on avoiding hazards on the road and around the house this season.
Driving Safety
Remember these safety tips while driving around El Paso:
Watch out for kids – Summer is over, and school is back in session, so you are more likely to see children walking to and from school during your commute. Slow down and be careful in residential areas, near crosswalks, and around schools. Never pass a stopped school bus.
Remember that it gets dark earlier – The sun sets earlier in the fall, which means you may find yourself commuting in the dark more often. Always use your headlights when driving in the dark, and watch out for pedestrians and cyclists in residential neighborhoods.
Be careful in inclement weather – Snow is rare in West Texas, but ice can be a problem, especially on bridges. Rain is a much more common driving hazard in the fall. Slow down if the roads are icy or wet. Give yourself plenty of space to maneuver around other drivers.
Home Safety
Here are a few tips for maintaining your home and protecting your family in the fall:
Take precautions before trimming trees – Before cutting your trees, look for power lines, dead branches, and other hazards that could cause an accident.
Be careful on ladders – Always place ladders on secure, stable surfaces. Never stand on the ladder’s top rung. As an extra precaution, ask someone to hold the ladder in place until you come down.
Get your vaccines – The Centers for Disease Control and Prevention (CDC) is clear on this issue: Flu shots are safe and your best bet for staying healthy this flu season. While a flu shot may not eliminate your chances of getting sick, it does decrease the probability and can make flu symptoms milder.
Fire Safety
Following these safety tips can help you prevent fires this fall:
Pick up dead leaves around your home – Dead leaves are excellent fuel for fires. Rake them up, bag them, and dispose of them to mitigate fire hazards around your home. Do not burn leaves, as doing so can release toxic chemicals.
Service your furnace – A faulty furnace can cause a fire or carbon monoxide poisoning. Servicing your furnace can offer you peace of mind that it is safe and in good working order.
Be careful with fireplaces and space heaters – Use a screen when lighting a fire in a fireplace, and never leave a fire unattended. Do not leave space heaters running for too long or get too close to them because they can cause fires and severe burns.
Change your smoke alarm batteries – Fall is an excellent time to change your smoke alarm batteries to ensure that you are promptly warned of smoke or fire in your home.
For All Personal Injury Cases, Call the Law Offices of Michael Gopin Today
No matter how careful you are, accidents still happen. If you’ve been hurt and someone else is to blame, contact the El Paso injury attorneys at the Law Offices of Michael J. Gopin, PLLC for a free consultation.
Traffic deaths have soared in the United States in recent years, prompting the nation’s auto safety agency to take measures to discourage motorists from speeding. Steven Cliff, who runs the National Highway Traffic Safety Administration (NHTSA), recently announced to Reuters the creation of a “speed campaign” highlighting how speeding is just as harmful as other unsafe driving behaviors, such as drunk driving.
Data from the NHTSA indicate that the average speed of motorists in the U.S. has increased and that more motorists are driving carelessly. In one recent year, 42,915 people were killed in U.S. traffic accidents, the highest annual rate in nearly 20 years.
The legal team at the Law Offices of Michael Gopin, PLLC discusses recent crash data, the latest speeding regulations, and what you can do if you were injured in a car accident caused by a speeding driver.
Recent Accident Statistics
The following speed-related crash statistics from the NHTSA and the National Safety Council (NSC) illustrate how common and deadly speeding is on American roads:
Speeding was a factor in 11,258 traffic deaths nationwide in one recent year, or more than 30 fatalities every day. Traffic deaths due to speeding accounted for 29 percent of all traffic fatalities that year.
Speeding caused more than 10,000 fatal crashes in the U.S. that same year.
More than one-third of all drivers who were speeding at the time of fatal crashes that year were male drivers between the ages of 15 and 20.
Speeding is a significant factor in fatal crashes involving hazardous surface conditions. This is why a motorist driving under the speed limit may still receive a ticket if they are driving too fast for the conditions.
New Speeding Regulations
The head of the NHTSA says the agency is working hard to develop and implement new anti-speeding regulations nationwide. Since 2021, the NHTSA has reportedly finalized 16 new speeding laws and begun work on 25 more. Notably, many new rules are “related to automation” because more automakers are releasing vehicles with varying degrees of autonomous-driving capabilities.
Injured in a Car Accident? Car Accident Lawyer Michael Gopin Can Help
If you have been injured in a collision caused by a speeding driver, contact the El Paso accident lawyers at the Law Offices of Michael Gopin, PLLC. Our experienced legal team has advocated for the rights of injury victims in El Paso, TX for a quarter-century. We pride ourselves on providing compassionate legal representation to all our clients and aggressively pursuing full compensation for their injuries and other losses. Contact our firm today for a free consultation to discuss your legal options and learn how we can help.
From Facebook to TikTok and from Reddit to Twitter, it seems there are no escaping social media. Social media is everywhere, and chances are you use at least one, if not multiple, platforms. But did you know that social media usage can impact your personal injury claim? It’s true, and it costs many accident victims the money they deserve.
The El Paso personal injury attorneys at the Law Offices of Michael J. Gopin, PLLC want you to know how social media can affect your personal injury case and your ability to get the money you need from the party that hurt you. Contact us today if you need help getting compensation after an accident that wasn’t your fault.
How Social Media Can Negatively Affect Your Personal Injury Case
Whether you are negotiating with an insurer or taking a case to court, there is one universal truth you should remember: no one wants to part with their money. Insurers and opposing attorneys will go to great lengths to protect themselves and their clients from a settlement or judgment that could cost them. Weakening your case is an effective strategy to this end, and all it might take to jeopardize your claim is an internet search.
No matter how innocent you believe your words are, they can be twisted and used against you. Talking about the accident online can reveal contradictions in your account of the accident. Photos of you enjoying life could undercut your claims of being too hurt to work.
Some of the ways that social media can negatively impact your personal injury claim include:
Highlighting discrepancies in your story
Contradicting previous statements you may have made about the accident
Revealing what you may be physically capable of doing
Even if the information is taken out of context, it might be compelling to an insurance company, judge, or jury.
Inconsistent Information Shared on Social Media
After a traumatic event, it is natural to want to share your experience with your friends and family, cope with the events, and get support from your loved ones. However, posting information about an accident online is extremely risky.
What if you mention something on social media that you forgot to include in your official statement? You may call it an innocent mistake. An attorney or insurer could call it fraud. Differing accounts or inconsistent statements about how an accident happened are one of the leading ways social media can jeopardize a personal injury case.
Tips for Social Media Usage While Your Case is Pending
Before you post anything online, consider these social media usage tips:
Set your account to private
Do not accept new friend requests or invites from people you don’t know
Never share the details of the accident online
Do not post pictures of the accident online
Discourage family and friends from posting about the accident
Do not go online to ask for advice
The best advice is to stay off social media. It may be appropriate to deactivate all your social media accounts and then reactive those accounts when your case is finalized.
For All Personal Injury Cases, Call the Law Offices of Michael J. Gopin Today
Before you turn to social media after an accident, turn to a personal injury lawyer in El Paso who knows how to pursue the full compensation you deserve. Contact the Law Offices of Michael J. Gopin, PLLC. We offer free consultations to all prospective clients and look forward to learning more about your situation and how we can help.
Are you suffering from hearing loss or tinnitus due to defective earplugs issued to you during your military service? If you served between 2003 and 2015, you might have been issued defective 3M earplugs that did not protect your hearing as intended. Thousands of veterans have already filed lawsuits for hearing loss caused by these earplugs, and more could be eligible.
Nationwide, mass tort litigation is underway to help injured veterans recover the compensation they deserve from 3M. While the process can take some time, attorneys are making progress toward reaching a settlement by the end of the year.
The 3M combat earplugs injury attorneys at the Law Offices of Michael J. Gopin, PLLC fight for the rights of service members who’ve been injured due to defective safety gear. Contact us by phone or online today if you’re suffering hearing loss due to these earplugs. We’re standing by, ready to talk to you.
The Litigation Process
The 3M Combat Arms Earplugs litigation is the largest mass tort in United States history. Because there are more than 200,000 plaintiffs, it makes more sense for each injured veteran to combine their 3M lawsuit into one civil action. The suits allow numerous plaintiffs to file one case against one or more defendants. This helps individuals recover compensation and gives all parties an overview of the facts. The plaintiffs hope this suit will push 3M to offer a fair settlement.
If you’re a vehicle owner in Texas, you’re probably all too familiar with pricey auto insurance policies. While the Lone Star State isn’t the most expensive in the nation, Texas auto insurance policies are still often higher than average. The El Paso car accident lawyers at the Law Offices of Michael Gopin, PLLC explore the reasons for the high insurance rates here in Texas and what you can do to keep your premiums low.
What Are Average Car Insurance Rates Across the Country?
According to the Insurance Information Institute, the cost of auto insurance premiums has increased nationwide in recent years. One recent study conducted by AAA reported that the average cost of full-coverage car insurance for mid-sized sedans is roughly $1,403 per year. The average cost of insuring a midsize SUV is reportedly $1,296 per year, while the average annual cost of insuring any vehicle is $1,342.
Furthermore, financial services company Bankrate reported car insurance rates in 2022 were $1,771 nationwide for full-coverage auto insurance. For minimum auto insurance coverage, the average nationwide rate is $545 per year. On a state-by-state basis, the most expensive state for auto insurance is New York ($2,996 per year) while the least expensive state is Maine ($876 per year).
In Texas, the annual average cost for full auto insurance coverage is $1,868 per year, more than five percent above the national average. And in certain Texas cities, the average annual costs of full coverage are even higher:
Houston – $2,146 per year (18 percent higher than the state average)
Dallas – $2,093 per year (15 percent higher than the state average)
Laredo – $2,015 per year (11 percent higher than the state average)
Pasadena – $2,027 per year (11 percent higher than the state average)
What Factors Can Impact Car Insurance Rates?
A number of factors can affect car insurance premiums, including:
Frequent claims – If you make frequent claims, the insurance company will likely decide that covering you is risky and raise your premiums.
Fraudulent claims – Similarly, if you have a history of fraudulent claims, it will likely contribute to an increase in your rates.
Driving record – Drivers who consistently incur traffic tickets or other violations may also see their premiums rise due to added risk to the insurance company.
Age and sex – Older drivers with longer safe driving records tend to receive better rates. Younger drivers, especially younger males, are more expensive to insure.
Where you live – If you live in a congested, high-traffic area that is prone to accidents, you are more likely to pay higher insurance premiums.
Injured in an Accident? Michael Gopin Can Help
If you have been injured in an accident that wasn’t your fault, don’t hesitate to seek legal help to pursue the compensation you deserve. At The Law Offices of Michael Gopin, PLLC, our El Paso car crash accident attorneys can answer your questions and evaluate your case for free during an initial consultation.Contact ustoday to learn more.
Mike: “Ask a Lawyer With Michael Gopin” is the feature that we’re doing. It’s our monthly feature. Again, if you’d like us to put a legal question in front of Mr. Gopin next month when he’s back, just tap the free 93.1, KISS FM mobile app, or submit on kisselpaso.com. Look for “Ask a Lawyer” at the top of the page.
Tricia: And we’ve got a question from Timothy Berkshire. Hello, I am a 20-year military vet with combat experience in Iraq and Afghanistan. We used those earplugs during our tour. Can you tell me more about the earplug cases?
Mr. Gopin: Yes. If people had used the earplugs between 2003 and 2015, those are the years and the devices that cause the problems for people. If you had tinnitus, ringing in the ears, hearing loss, all those type of hearing symptoms and problems, you’d be eligible for this case. Time is really of the essence. Now, there’s been many, many trials. They call them Bellwether Trials to determine kind of the range of damages that people have had. And they’re going to start negotiating these cases really soon, and there’s, you know, hundreds of thousands of them. But time is really of the essence. So if you have one, give us a call, we’ll be happy to help and get it in on time.
Mike: And why Bellwether?
Mr. Gopin: Well, Bellwether just means that they pick each side, 3M and the plaintiffs pick a group of cases that they actually go to trial on and get verdicts.
Mike: Oh, because these are class action?
Mr. Gopin: This is the class actions. There’s hundreds of thousands of cases. But the Bellwether means it’s like a trial of a trial. So, you’re just trying to get a idea of what the juries think of these cases. So, there’s been many, many trials and most of them have gone very well for the plaintiff’s side and have been huge verdicts which is really, really good. Doesn’t mean that everybody’s gonna get huge multimillion-dollar settlements, but they kind of get a range of what the cases are worth and they negotiate cases based on that. So, it could be, well, if you had this percentage of hearing loss, you’re going to be able to get this kind of money. If you just had tinnitus, you get X dollars. And then they’re gonna settle them all at the same time, all the hundreds of thousands of cases. And there’s over 200,000.
Mike: Okay. And then is there like a deadline for this?
Mr. Gopin: There’s not a strict deadline, but there’s going to be a point in time where they’re not gonna accept any more cases. The judge in Florida will just say, “That’s it, we’re done.” But that’s coming up really soon.
Mike: Okay. All right. “Ask a Lawyer Michael Gopin.”
Tricia: Theresa Martinez is asking, she’s saying, “Our mother was in a nursing home abuse situation. The staff was mean to her, didn’t change her when she needed to be changed, gave her medication on time and she just recently passed away. Is there anything we can do here, Mr. Gopin?”
Mr. Gopin: I’m really sorry to hear about your mother Theresa. I know how painful that is. It’s my mom’s birthday actually today. So I totally understand how you feel. With regards to the potential case, there’s a lot of questions I have for you. Did you notify the nursing home at all about these problems while your mom was still alive? Did you complain? Did you have anything documented regarding the problems that you were having like she needed to be changed and wasn’t, the medication? All these problems now that your mom isn’t here to discuss them and tell them, we would need some type of documentation to prove that there was nursing home abuse.
I don’t know if you’re claiming by your message here that her death was potentially because of the abuse or not. It may have, it may not be related at all, I have no idea based on what you told us. But those are some of the questions that we need to answer. Yes, you do have a potential case, but the real question here, did you document it? Did you complain before? Or did you, you know, now that things are passed, remembering all the problems and are angry, which I totally understand? So those are some of the things that we would need to look at.
Mike: And it would only be a case if her passing away was related to the mistreatment?
Mr. Gopin: Well, that would be a wrongful death case against the home, but there’s also, you know, just abuse by neglect and things like that that caused her damages along the way, that didn’t cause her death, but caused her suffering and so forth, like not changing her, maybe she had bed sores that were…or diaper rash or things that were documented in her medical records that we could show.
Mike: Is this the type of a case that you take as well?
Mr. Gopin: We don’t typically take these cases. We can certainly find a lawyer who’d be able to help you with the nursing home abuse case.
Mike: Okay.
Mr. Gopin: But those are the things that are important and would be necessary to go forward on one.
Mike: Right. Okay. All right. This brings us to the next question.
Tricia: We have Tanya Montoya, who’s saying, I was in a really bad accident about a year and a half ago, and I’m still paying the medicals from this accident. I didn’t hire an attorney and the insurance company barely gave me anything to cover the medical bills. Can I reopen my case?
Mr. Gopin: Well, Tanya, I’m sorry about your accident. The question is is did you sign a release? That’s the entire question here. It’s not too late if you did not, because it is a two-year statute of limitations from the date of the accident to file a claim. But if you signed a release and they gave you money, you’re out of luck. So that’s the question here.
Mike: And they’re not going to give you money if you don’t huh?
Mr. Gopin: Yeah. Right. If they signed away, it’s over forever, regardless of if you had a lawyer or not. If you signed a release saying that this is it, that’s over. And the insurance company is notorious for running to the scene of the accident and getting you to sign a release for $500. Don’t do it, ask a lawyer first because, you know, once you sign we can’t help you.
Mike: It’s over. Yeah. Okay.
Mr. Gopin: So if you sign Tanya, the case is over. If it’s not, then you do have time, but time is coming here quick, because it’s been a year and a half, so you only have six months left.
Mike: Okay.
Tricia: Nice.
Mike: All right. That brings us to our final, “Ask a Lawyer Question With Michael Gopin.”
Tricia: And this is from Vilma Diaz. “My wife was assaulted at a local bar for being too intoxicated. The bouncers grabbed her, causing her to fall and fracture her right wrist, and she has an elbow strain. We went to the ER and she now has a cast on her arm. The bar is denying anything happened. What can we do?” That’s interesting.
Mr. Gopin: Well, I would definitely need more information from you. I don’t quite understand why they assaulted her. Was she being outrageous, her conduct at the bar? Was she doing things she shouldn’t have been doing, so they tried to restrain her? Was it because of the intoxication? I mean, just because you’re intoxicated, I wouldn’t expect a bouncer her to grab you and throw you to the floor. So we would need to find out all the facts of what’s going on at the bar that day. I don’t know if she was with other people at the bar that we could have some witnesses that can’t afford. Even some video of someone actually taped what was going on. But yeah, if the bouncers did so without provocation and caused her these damages, yes, you could certainly have a case against the bouncers in the bar for what happened. The question is really exactly what happened, why they restrained her, and how she was involved with her conduct here.
Mike: Yeah, in this day and age…
Tricia: There’s videos that…
Mike: Don’t you think?
Tricia: Well, the bars have…
Mike: The cameras too
Tricia: …the camera, but I mean, does the bar have to give them or can they say no, we’re not going to give you the…
Mr. Gopin: Well, they could… Once you file lawsuit, they’re gonna have to turn it over. So in pre-litigation, they don’t have to turn it over if they don’t want to. Of course, if it helps them, you know, they’re gonna want it turn over.
Tricia: Yes, if they see it and they’re like, nothing happened, here you go. That’s true.
Mr. Gopin: So it just depends, but I would gather up some information, see who the witnesses are and we’d be happy to talk to you about the possible case.
Mike: Like I saw one recently on FitFam.
Tricia: That’s why I was like, “Is it this one?”
Mike: Yeah. Where the guy…
Tricia: Carried her out…
Mike: …was carrying her.
Tricia: …and she was kicking her feet back and forth.
Mike: Yeah, but then she was also like falling asleep or something. I don’t know what it was, but it looked really funny. It looked like when you win those giant teddy bears at the carnival.
Tricia: And you’re walking?
Mike: And you’re walking with the giant teddy bear, that’s what it looked like.
Mr. Gopin: The teddy bear was kicking, right?
Mike: Yes.
Tricia: Yes. That’s a live teddy bear.
Mike: That’s what it looked like, it really did. And it looked like she was just standing outside, like she wasn’t in the bar just yet, but she was clearly from the video intoxicated. Yeah. So in a situation like that, you see her, you see that she’s picked up.
Mr. Gopin: Right.
Male Speaker: So, I mean, that would be like when he put her down and she fell, would that be a situation like…?
Mr. Gopin: Well, I mean, it’s a tricky situation, because I mean, the bouncers were doing what they needed to do.
Tricia: Their job.
Mr. Gopin: In this particular case, they needed to remove her from the situation. She was obviously out of hand, kicking, screaming out control. So, if they, you know, the video would tell the story, but if they did so gently, and the real reason that she fell was because of her intoxication, that’s on her.
Tricia: That’s true.
Mr. Gopin: So, it’s just a fact question and something we’d need to discover.
Mike: Yeah. Okay.
Mr. Gopin: But I hope, you know, your wife recovers from those injuries really quickly.
Mike: Yeah. They sound painful, man.
Mr. Gopin: Yeah, no doubt.
Mike: Okay. All right. Well, we thank you again. We appreciate your coming here…
Mr. Gopin: Well, you’re welcome, buddy, nice to be here.
Mike: …and giving us your legal expertise. So he’s gonna be back next month at the end of the month, “Ask a Lawyer With Michael Gopin.” If you have a legal question that you would like him to look into and answer, again, go to the free 93.1, KISS FM mobile app, or go to kisselpaso.com. Look for “Ask Michael Gopin” at the top of the page and submit your question there. Mr. Gopin, thank you again.
Female Speaker 1: You’re listening to 93.1 Kiss FM.
Steve: “Ask A Lawyer” on 93.1 Kiss FM, that lawyer being Michael Gopin. You sent in your questions. We have the man with the answers. Hello, Mr. Gopin.
Michael: Good morning. How are you?
Steve: We are doing fine. You look good yourself.
Michael: Well, thank you very much.
Steve: You look well rested for us, right?
Michael: [inaudible 00:00:22]
Steve: Right. Haven’t the last couple of days just been so amazing?
Michael: They’ve been awesome. They’re great temperatures.
Iris: Nice and cloudy.
Steve: Yeah. Yeah. I understand the other day, the 80-degree day was like a record.
Iris: A record.
Steve: The coolest it’s been this time of the year.
Michael: Oh, it was unbelievably nice.
Steve: Yeah.
Iris: It was nice.
Steve: But yeah, no, that’s all going to change and it’s going to be pretty much back to normal. All right. So we have a whole list of questions. Iris has taken over the question asking duties.
Iris: I’m going to try and be as like as, how Steve would do it with a motion. So I’m going to try. I’m going to try. So, Steve, this one’s for you.
Steve: Okay.
Iris: All right.
Steve: Here we go. With the first question.
Iris: All right. So we have Martha Jimenez who’s asking, “I have a few questions regarding the new knee replacement commercials I recently saw. I’ve had several knee replacement issues and two were because of infection. Does this qualify me for this case?”
Michael: Hi, Martha, I’m sorry to hear about your knee replacements or replacement, but no, the infection itself wouldn’t be a cause for a case. The cases that we’re talking about are if you had the implant Exactech. Now, those aren’t the only type of implants that they have for knees and ankles and so forth and hips. But if you had the Exactech implant, those were recalled by the FDA. And the reason was because they were improperly packaged. They didn’t have the necessary vacuum technology that’s meant to preserve the material so the implants deteriorate quicker and cause problems. So the FDA took those off the market. You can’t have them anymore. But if you had issues and problems and a possible revision, it may have been an Exactech implant. And if it is that’s when we can help.
Steve: Okay. So if the infection was caused by that specific brand?
Michael: Right. But it most likely would not be, because infection is right at the time of surgery. And we’re talking about down the road after you’ve had it because it deteriorates over time. So the infection is something that’s pretty much a common thing or can be a normal repercussion of the surgery. So I don’t think that that’s going to be related at all to her particular issue.
Steve: Yeah. That’s one of the things you sign away on.
Michael: True.
Steve: Right.
Michael: Infection is a possible consequence, yeah.
Steve: Yeah. Okay. All right. “Ask A Lawyer” with Michael Gopin.
Iris: Next question is from Robert Castro. Hello. What do you suggest we do for a hit and run? I was recently in an accident and the driver just took off.
Michael: Well, there’s a couple questions I have for you, Robert. Do you know what type of car? Do you have the license plate number of this vehicle? If you do, it can be tracked, and you can find out who this person was and if they have coverage, and so forth. If they just took off, you have no information, you could possibly go to neighbors or stores nearby that possibly had a video of the accident. It’s possible sometimes if you’re in a major intersection that could happen, you could find the license plate that way. Perhaps there are witnesses who stopped, maybe they have the license plate. If all those fails and you have no information on this driver, the only possible thing that you can do is file an uninsured motorist claim. We’ve talked about that here before. It’s really important coverage to have. So look on your auto policy. If you have coverage that protects you, it only protects you and your family. So it’s really highly recommended that you get this coverage. If you have it, you can have a claim against your own company. They can’t hold it against you also. But it would be able to recover for uninsured damage.
Steve: Yeah. That happened to my son a couple of years ago.
Michael: Sure. It’s very common.
Steve: Yeah. A hit and run from behind and yeah, we did have the uninsured underinsured.
Michael: So you were lucky.
Steve: Yeah. Yeah. So they took care of it.
Michael: Yeah. That’s the answer if you can’t find any information, Robert.
Steve: Okay. It’s “Ask A Lawyer’ with Michael Gopin.
Iris: The next question is for Monica Michaels. I collided with another vehicle on my way home from work because of all the rain, it made it difficult to see. The other driver was at fault for the accident, but now the insurance is trying to say that I am liable also, since I mentioned that I couldn’t see very well. Can they do this?
Michael: Well, they’re going to try to do everything they can to blame you partially or all for the accident. So yes, they can do this. I don’t know the facts of the accident from your description. But they’re certainly going to try to hold you comparatively negligent. It’s always best not to give a statement to the insurance company because they’re going to only try to trick you and trap you and gather information that you may not realize is going to be harmful for your case. I would recommend talking to us or another attorney here in town because those facts can be argued. The insurance company doesn’t get to determine all by themselves what the liability is, whether it be 20% of you at fault or 50% or whatever they decide, it’s arbitrary, and certainly, it can be argued the other way.
Steve: So like, even now?
Michael: Even now.
Steve: Even though he’s already made the statement?
Michael: Right. Well, just because she can’t see that well, we could argue back, well, of course, she couldn’t see that well, it was raining hard. So there’s an explanation of why, so it’s logical that she couldn’t see that well. But this just gives them a little ammunition to [inaudible 00:05:33] to it.
Steve: Sure. Sure. And so what about like, on the time of the accident and let’s say the cops show up, do you tell them anything?
Michael: I would keep it very simple. Certainly, you’re going to be cooperative and answer questions about how the accident happened, but do not admit fault. Do not admit that you were …
Steve: You were on the phone …
Michael: Exactly.
Steve: … and couldn’t see.
Michael: Anything that could be detrimental to your case, is not a good thing to…
Steve: Somebody distracted you.
Michael: You don’t have to give those statements. So don’t.
Steve: Yeah. So you don’t say, “Oh, Mike and Iris were so funny. I couldn’t stop laughing.”
Michael: Right. I was eating a sandwich and turned around.”
Steve: In tears because they were so funny.
Michael: Yes. I was listening to Mike on the radio and he made a joke.
Steve: You don’t say that kind of stuff.
Michael: That was distracting.
Steve: That’s not the kind of stuff you say. Okay. Just checking.
Michael: Good. Although you might want to say, “Yeah, those guys are funny, but don’t say…”
Steve: That you could say.
Iris: Yeah, but we’re not at …
Steve: I was laughing so hard, I couldn’t see the guy in front of me.
Iris: Don’t blame us, However, we are funny.
Michael: Don’t blame Mike and us.
Steve: All right. But even though, even post, you can still, you see a lawyer about this and they can try to help you out?
Michael: Oh, for sure.
Steve: Okay. All right. We’re doing “Ask A Lawyer” with Michael Gopin. We’re onto the fourth question now.
Iris: All right. This one is from Diana [inaudible 00:06:45]. My husband took out a truck under his name for a friend and the friend took over the payments. The friend … I know, right. The friend ended up getting out of the army and moving away from El Paso. Now, recently, my husband noticed that the friend stopped making the payments, which was making his credit score lower, and my husband having to pay for this truck. We reached out to the friend and he informed us that he stopped paying the truck since it’s no longer working. We want to return the truck and get the payments out of our hands, but the friend doesn’t want to give us any information as to where the truck is or what happened to it. Nothing. Can you please help?
Michael: Well, I’m sorry about your situation, Diana. It’s a difficult one. It’s always the risk that you take when you co-sign on a loan.
Steve: This wasn’t even a co-sign. I think he took on the truck on his own.
Michael: Oh, that’s right. Correct. Yeah, you’re right. So he has title to the car. So there’s a couple things that he can do. You want to see if your friend will cooperate and let you get the vehicle if possible. It doesn’t mean that you can just turn it in and be done with the payments either, because there’s a consequence there if the vehicle’s worth less than what’s owed in the vehicle, you’re out of luck on that. So here’s what you need to do. First, you need to contact your friend and tell him, you just need to pick up the truck. Be as nice as possible because being threatening and mean to him, isn’t going to probably work because he’s…
Steve: It doesn’t even seem like them being nice is working either.
Michael: Right. And it may not. So you would need to try to locate this guy. You can maybe get one of those services, and try to find him, find out where he is. If you have the VIN number of the vehicle, you could try to locate the vehicle that way. It may be gone in for service somewhere. It may have been in a wreck. There’s all sorts of things that could have happened, which may be found with the VIN number. If all those fail, you could call the police, tell them that your car was stolen. Maybe they can get information if it’s reported or found it’ll pop up. If you know where his family is or other friends of his who you could try to detective and find out where he may be, that may be good. The army may know where he was since he retired from the army.
Iris: Yeah, that’s true.
Steve: What a hassle.
Mike: Whatever, those are all ways, it’s just a horrible situation and …
Steve: Yeah. You don’t need those kinds of friends in your life.
Michael: Those are not friends.
Steve: No, not at all.
Michael: So I’m really … It’s really a difficult situation, but because you’re on the title and even if you just co-signed, it’s the same situation. You’re just in trouble.
Steve: Yeah.
Michael: Really liable.
Steve: Oh, that’s tough. That’s bad. So sorry to hear that. “Ask A Lawyer with Michael Gopin.” We do this monthly. So if there’s a legal question that you would like us to put in front of Mr. Gopin next month, you can either send it to us via the free 93.1 Kiss mobile app, or you can go to kisselpaso.com and look for “Ask A Lawyer” at the top of the page, the Must Read bar. We’ll be right back with more Michael Gopin on 93.1 Kiss FM.
When seeking compensation for an injury accident in El Paso, what you can prove is often more important than what you know. Without sufficient evidence to prove that another person’s negligence caused your accident and injuries, it will be challenging to recover any compensation. Fortunately, expert witnesses could significantly help bolster your case in some instances.
As an El Paso injury lawyer, attorney Michael J. Gopin has used expert witnesses to help many accident victims recover fair compensation for their injuries. Here, we’ll share some information on why expert witnesses could be vital to your case and some of the most common types of expert witnesses.
The Importance of Expert Witnesses
An expert witness will typically be a professional with specific education, experience, and other credentials and qualifications that make them a credible expert in a particular area. An expert witness could investigate your accident or examine the evidence in your case and offer their conclusions about how you were injured and who they believe could be responsible for your injuries. Expert witnesses could also bolster your claim by providing additional context and support for any other evidence you may have.
Types of Expert Witnesses
Many types of expert witnesses can be called in a personal injury case, but six of the more common types are:
Forensic expert— A forensic expert is a professional investigator specializing in applying scientific, analytical techniques to answer questions of facts in a personal injury case. Using their training and experience, a forensic expert can recreate an accident and highlight who may be responsible for your injuries.
Medical expert— A medical expert has training in medicine and how the human body works. They can help identify how your injuries occurred based on your medical records and other evidence. A forensic pathologist can help determine the cause and time of death in wrongful death cases.
Engineering expert— Engineering experts use their knowledge of design and mechanical systems to look at a product or piece of equipment and see if it was designed and manufactured safely. They can also testify whether or not a product is safe to use.
Chemical expert— Chemical experts use their knowledge of chemistry, toxicology, and related fields to analyze substances that may be involved in a personal injury case, such as toxic industrial chemicals or dangerous prescription drugs.
Economic expert— Economic experts can analyze your finances and expenses after an accident to determine losses you’ve incurred, such as medical bills, lost income, and other economic losses.
Vocational expert— Vocational experts are often called in personal injury cases to determine whether someone is capable of returning to work after an accident and how long they may be out of work due to their injuries.
How Michael Gopin Can Help
Were you injured in an accident caused by negligence in El Paso? If so, turn to an injury attorney with the experience, skills, and network of expert witnesses necessary to build a strong case on your behalf. Attorney Michael Gopin and his team fight for the rights of those injured in our community, and we’ll be ready to stand up for you.Contact ustoday for a free consultation.
Mike: “Ask a Lawyer” Michael Gopin’s our guest, Steve Kaplowitz is taking the place of Tricia…
Steve: Nobody could take the place of Tricia, just by the way. There’s no way. It’s impossible.
Mike: They’re so sweet. Steve Kaplowitz is sitting in for Tricia.
Steve: There you go. I like that.
Mike: People can sit in, they just cannot replace her. You are absolutely right.
Steve: And by the way, Tricia, I’m using a microphone windscreen so you don’t have to worry about cleaning your mic when you come back. It’s…
Michael: I would anyway if I were her.
Mike: She’s gonna Lysol the hell out of it. Trust me. She is.
Steve: Okay. All right. You ready for Harold?
Mike: Ready for Harold.
Steve: Here we go. Harold says, “I missed almost three weeks of work after I slipped and fell at my work. I was never paid or recompensated after they said they would. I walked into the building today, and I was fired for missing so much work. What options do I have here, Mr. Gopin?”
Michael: Well, you have two options. The first question we need an answer is, did they have Texas workers’ comp? Okay? If they had Texas workers’ comp, you would be able to file a workers’ comp claim against your employer for the injury. You would then also be able to have a lawsuit for the wrongful termination if we can prove that that’s the reason they fired you, for being injured on the job.
So if they have Texas workers’ comp, you go after the workers’ comp, and then we can talk about the wrongful termination case, just get the entire facts of that. Now, if they did not have workers’ comp, then you can file a lawsuit against the employer directly for a non-subscriber action, they call it. In that type of case, you would have to prove that the employer was at least 1%, just a tiny bit negligent in causing the accident that happened in the first place. I have no facts about…you know, I guess you slipped and fell so the question is, did they know about the substances on the floor? You know, were you warned? And all these kinds of questions that we’d have to look at to be able to prove that the employer was negligent.
In that case, when they do not have coverage, you would not have a wrongful termination case. So only if they have workers’ comp, can you sue them for wrongful termination. Otherwise, they are exempt.
Mike: Can I say this, and I’m going back to the letter D, how D is it of the boss to fire you when you come back? Like, couldn’t they have just done that before? Like, say, “Hey, man, don’t bother coming back. You’ve missed too much work.” Like, couldn’t they just call you? Like, why wait until you get to work?
Steve: You know what, they did that to me years ago?
Mike: Did they?
Steve: Yeah.
Michael: Nobody could have fired you. No way.
Mike: You’ve been here for like 100 years. What do you mean just…
Steve: I came out of college in ’95. And I was working at the radio station and at Camelot Music back at Selma Park Mall, remember the little bottom Camelot?
Mike: Yeah. Yeah. Yeah.
Steve: Anyway, new manager comes in, and he’s trying to clean house. I leave town for a wedding in Austin, and I call in to get my hours. Well, they gave me the wrong hours, so I didn’t show up when I was supposed to. I come in the next day when I think I’m coming in and they fire me on the spot.
Mike: Oh. Yeah.
Michael: Wow
Steve: Because they said I missed my shift. I said, “Well, I was given the wrong information.” They didn’t want to hear about it.
Michael: And you want to hear the legal answer to that question?
Mike: Yeah.
Steve: Yes
Michael: The employer could do it. Even if they made a mistake. They in Texas, you can fire them for any reason that you want to. Even a bad reason like that.
Mike: So like for Harold’s question, I mean, like, wouldn’t that be their defense? “No we didn’t fire him because he missed so much work because he was hurt, we fired him because he missed work.”
Michael: Well, you miss work because of a workers’ comp injury, which happened on the job there, so that’s a delicate situation. There’s a law that then protects the worker for that.
Mike: So what if he said, “I fired you when you came into work because you were wearing a blue shirt, and today’s redshirt day?
Michael: Well, I mean, the employee can try that, and the jury would have to decide what the truth is.
Mike: Oh, wow. Oh, man. Okay.
Michael: So they will do that for sure. And they will make up all these, you know, lies or mistells about your work performance. “Oh, yeah. He was always late for work, he never did well.” All those kinds of things to avoid liability.
Mike: Okay.
Steve: Naomi writes in, “I can’t believe you don’t take cases for toxic baby food regarding a much older child. He ate baby food until he was 5 years old, couldn’t handle anything else. And later, I had to switch him from regular baby formula and milk to Isomil. To this day, he has trouble dealing with others and authority. Can nothing be done about him, my son?”
Michael: Well, depends on what his diagnosis is. Yeah, we certainly can take a case of an older child. The question is, does he have autism from the baby food or ADHD? So Attention Deficit Disorder, or autism, and then he has a potential case. If it’s not diagnosed that way, then there’s going to be an issue with taking your case. So when you say he has trouble dealing with others and authority, that’s a little vague for me. So I don’t know if he’s got Attention Deficit Disorder or potential autism case. If he’s been diagnosed, yes, we can and we’ll help you, Naomi.
Mike: Then it would have to be like an actual diagnosis from a psychologist, psychiatrist, or whatever?
Michael: Correct. Exactly. Yeah, or a physician.
Mike: Physician, yeah. Okay. So the age is not the issue?
Michael: No, the age is not the issue.
Mike: Okay.
Michael: The diagnosis.
Mike: All right. “Ask a Lawyer” with Michael Gopin on Mike and Tricia mornings.
Steve: Xenia writes in, “Are you guys still taking hernia mesh cases? I had one implanted a while ago, and another just added around the same area. I’m in horrible pain, and I can barely stand.”
Michael: Yes, we still are taking hernia mesh cases, but you need to have a revision before we’re able to help you. So you have to have had the surgery and then had it fixed, basically. Either taken out or something else done with it, for a second surgery, for us to have a potential case for you.
Mike: Oh, and this one sounds like a different surgery.
Michael: Yeah, it sounds like they maybe had the hernia mesh, but they haven’t revised it.
Mike: Yeah.
Michael: They had a second hernia mesh problem…
Mike: In a different area or…
Michael: …in a different area of the body. You know, there’s groin, there’s inguinal, there’s all different types. So it sounds like there was two surgeries with two hernia meshes, but no revision. So in order to have a case, you’d have to have a revision. So I would talk to your doctor, see what they are suggesting because you don’t want to be in horrible pain about this.
Mike: Yeah, boy. Yeah, no. And then I would get another opinion from another doctor just to be sure.
Michael: Correct. Yes.
Mike: Absolutely, yes. Okay. So we’re up to our final question, “Ask A Lawyer” with Michael Gopin.
Steve: I feel like this is a question that a lot of people have probably encountered, at least at some point during their lives. Whitney writes in, “My dog was attacked by another dog, and we had to take him to the vet. He needed stitches and part of his ear was gone. The owner said he would help with his expenses but now refuses since it happened in his front yard. Does that matter?”
Michael: No, the location does not matter. The front yard is certainly not a place that you, you know…aren’t protected from a dog who bites you. The question is, does this dog have a propensity to bite? So they have in Texas what they call a “one free bite rule” kinda. Well, if you don’t know your dog is a biter and they bite someone once, then you’re on notice that the dog is mean or a biter or something then you’re going to be liable for after that.
Mike: Good to know.
Michael: Also, you know, if it’s a breed that is, you know, potentially more dangerous, then that’s another question.
Mike: Like a Chihuahua? I don’t care what people say, they are meaner than German Shepherds.
Steve: And Pit bulls. Chihuahuas are the meanest.
Mike: Absolutely. I tell you what, and those other little ones that people put in their purses like Paris Hilton. Yorkshires, I think they’re called.
Michael: Yorkies.
Mike: Yorkies.
Michael: I have one.
Mike: Yeah. Those things are mean.
Steve: Is yours mean?
Michael: No. She is not a meanie. She thinks she’s the boss but…
Mike: Okay, so the one-bite rule…
Steve: I’ve never heard of the one-bite rule. Have you?
Mike: Neither have I, but it’s good to know.
Steve: Yes, it is. You get a mulligan.
Mike: Or the dog gets a mulligan.
Michael: I tell you. You have to know if the dog’s dangerous. And so once you are…
Mike: Yeah. What if there was a “Beware of Dog” sign posted somewhere?
Michael: This is the front yard first of all. So I mean, you have responsibility as a person, you know, not to trespass in their backyard or something. That would be a little different. But sounds like this dog was loose in the front yard and bit someone. So the question is, has this dog done it before? And you know, you do have a potential case against the dog owner, for sure.
Steve: But sometimes you’ll be in the front yard and there’ll be that little side gate going into the backyard that’ll say “Beware of Dog” that you can still see from the front yard when you’re passing a house. Does that matter?
Michael: No. It won’t matter. But you know, the owner says “Beware of Dog”, I guess they’ve already noticed that the dog is dangerous.
Mike: Okay, so the guy says, “Yeah, you know, I’ll help you with the expenses.” And then he’s like, “Yeah. No. I was doing the kinkies sign behind my back. I’m not gonna do it anymore.”
Michael: Oh, It’s gonna be a swearing match with that, but you’re still gonna get to the legal issue of if they’re responsible. You know, the guy who was bitten was saying, “Yes, they told me that they would help pay and we didn’t say anything, and we don’t have the money,” or whatever the story is. That doesn’t admit fault or liability, you know, they were trying to help and maybe they can’t anymore. So you have a potential case, we just have to know more facts.
Mike: And doesn’t this fall under a homeowner’s policy?
Michael: It does. Yes. So if you have homeowners, your dog’s bites will be protected.
Mike: Okay. After the one-bite freebie?
Michael: Correct. I mean, you’ll still have a defense also. I mean, if you get sued, and you’re the one who owns the dog, you need to get your homeowners involved, so they’ll defend you. So…
Mike: Okay.
Michael: …you’ll have a free lawyer and legal representation.
Mike: Cool.
Steve: I like it. Maybe one of your listeners will say, “Hey, I heard the one-bite rule on Mike and Trisha Mornings.
Mike: I learned a lot with this last one. And the first one too.
Steve: That’s right.
Mike: You know, about letting somebody move in.
Michael: [Inaudible 00:09:54.217].
Mike: All right, thank you so much.
Michael: You’re welcome. Have a good day guys.
Mike: Appreciate all the legal expertise. And if there’s something that you’d like us to put in front of him next month when he comes back, you can submit one via the app, you can do that right now. You can also go to kisselpaso.com top of the page Must Read bar, look for Ask Michael Gopin and you click on that.
Interviewer: Okay. Last question. Well, it’s not really a question, it’s more of a…There aren’t a whole lot of specifics, but I think we can speak generally when it comes to slip and falls. “Ask A Lawyer” with Michael Gopin, Steve Kaplowitz from 600 ESPN is asking the questions today because Tricia will be out for a bit.
Steve: So, Laura wants to know if any El Paso attorney can help with a slip and fall case that happened in Las Vegas.
Interviewer: Yeah. See, very little details.
Michael: Very little details, but I understand what she’s talking about. You know, the attorney in Texas probably will not be licensed in Nevada, so that is an issue. But that becomes an issue later in the case if it doesn’t resolve itself through the pre-litigation process. So, we have handled, and many other people have handled cases from Nevada or different states. However, if it needs to be litigated, if it needs to go to court, you need to associate with an attorney that’s licensed in that area. So, what we have is we have attorneys in Las Vegas, for example, that are licensed, that we work with. So, if we have a case that people live here, we can help the person get the case rolling. And if need be, we’ll associate the Las Vegas licensed attorney and file a case in Nevada. So…
Interviewer: Okay. So, like, sometimes I’ll see commercials and, on the bottom, if you look closely, it’ll say, “Not licensed in the state of Texas.” Is that what that means? Like, what they can’t practice in the state or they can, but they can’t do various things?
Michael: In that commercial you’re talking about, no, they couldn’t practice at all. But that really geared towards, you know, litigation and things in court. You could ask the court for permission to enter in a case on a case-by-case basis, which sometimes they grant. But the smart thing for an attorney is to associate with an attorney in that state that’s licensed. So, they can have, you know, the best representation possible.
Interviewer: So, let’s say in a situation like this where you have somebody in the state, like, in this case Nevada. So, if I’m the one that’s bringing you the case, is that costing me more because now…
Michael: No, it’s not costing you more. The attorneys make an arrangement between themselves to divide up the fee. So, the fee doesn’t change for the client, but the lawyers split up the fee depending on how much work they do.
Interviewer: Oh, I get you. I get you. Okay. And it’s probably more convenient for the person from El Paso in this case, Laura, to find somebody here with that kind of an arrangement, it’s not gonna cost them anymore. And they can get, you know…
Michael: They get local representation…
Interviewer: …contact…
Michael: …and they get the licensed attorney in Nevada.
Interviewer: Okay. All right.
Steve: That was gonna be my question. Attorney fees and how that works when you go with other attorneys in other states and how you would handle it.
Michael: So, yeah, attorneys just will make an agreement between themselves and the client is aware of what the agreement is. And they sign off on it as well, and doesn’t cost the client any additional fees at all.
Interviewer: Okay. All right. So, it sounds like Laura’s got…it’s like a no-lose kind of situation [crosstalk 00:03:03] for her in respect of having an El Paso attorney take care of that.
Michael: Exactly. Sure.
Interviewer: Okay. All right. Well, thank you again Michael Gopin.
Michael: Thanks for having me.
Interviewer: Appreciate you coming in.
Michael: Good to see you guys.
Interviewer: Steve, thanks for helping us out. I…
Michael: If you need stories on Steve I could always…
Steve: Ay, not on the air, not on the air.
Interviewer: I know who to go to now.
Steve: That’s right. He’s got some dirt on me, but you know what? Here’s the good news, I’ve got dirt on him. So, it works.
Interviewer: All right. I think this does not benefit you…
Michael: No.
Interviewer: …Michael.
Michael: Steve was…
Interviewer: Give me any…[crosstalk 00:03:33.936] Yeah, doesn’t benefit you at all. Because, you know, Steve doesn’t have to be licensed to be on the radio.
Michael: That’s true.
Interviewer: So, yeah, the cost is higher on you.
Michael: I tell you.
Interviewer: Okay. And more than likely we’ll have Steve on next month as well when you visit again. We’re not really sure when Tricia’s coming back, but it may not be in time for the next Michael Gopin. If it is though, for “Ask a Lawyer,” either way you can use the app or you can use the website if there is a legal question that you’d like us to put in front of Michael Gopin the next time he’s around. Thank you very much.
Host: Ask a Lawyer with Michael Gopin. Steve Kaplowitz from 600 ESPN with the questions.
Steve: You know, I’m getting comfortable here by the way. I want to tell you, I like this studio. It’s clean. I’ve got a nice view of Mesa. I’ve never really been in here very often.
Host: Yeah, Tricia was the dirty one. I keep things pretty clean. You know, most women are pretty dirty regardless of what they tell you.
Michael: She’s [crosstalk 00:00:22.828] back at you.
Host: I think she’s still on painkillers right now. I don’t think she’s up yet. I don’t think she’s hearing any of this, but, like, if either one of you ever snuck into a lady’s bathroom, the worst.
Steve: Really?
Host: They are the worst.
Michael: So you’ve snuck in, is that what you’re telling us?
Host: I’ve snuck into a couple of them before. Yeah, but only overnight when there was nobody around. Don’t think I’m some kind of a perv or anything, or I was hiding or something like that, you know?
Michael: We would never think that.
Host: Yeah. No, no. But, yeah, boy, they’re the worst. And you know it too, ladies. You know your bathrooms are the worst. Okay, so Ask A Lawyer.
Steve: Here we go. Alex has this question. I rented a car a few months ago and returned it in the condition that they gave it to me. Now the car rental company is trying to go after my insurance for damages done to the vehicle, but there was nothing wrong when I returned it. Can they do that? Is there anything I can do to fix the situation?
Michael: Well, it’s going to be a who said, he said, she said kind of a situation here. You know, you’re gonna testify basically that the vehicle was returned the same condition that it was. They’re going to say, “No, it wasn’t. There was additional damage that was done.” Did they give you any kind of receipt when you returned the rental car saying that, you know, it was in good condition? Do you have any… I’m sure you have no pictures of it. Do you have anybody that was with you that could also testify in your behalf that there was no damage to the vehicle? I mean, it could have happened in the rental car return area after you left it off.
So they have the burden of proof so, you know, you can argue to your credit card if they’re trying to do it in your credit card or if they have your auto insurance. You could explain to them the situation also if it’s your auto insurance, it’s not going to hurt you personally, but your insurance rates could go up. So you definitely want to defend yourself and make the best case scenario, but it’s really going to be, you know, who the insurance company or the credit card company is going to believe.
Host: I know it’s been a couple of years since I rented a car, but I remember the last time I rented a car that before they do a walk around with you and I see them take pictures and you do have to kind of initial here, there, and everywhere. But I don’t recall if they do the same thing when you bring it back.
Steve: Most of the time they don’t. They just take the car.
Michael: Just very kind of quick. You know, they want to do it fast.
Steve: Exactly. But should you make them do it when you take it back? Is that a good idea or recommendation, tell them, “Hey, look around. Is there anything we need to worry about,” or do you just leave it and hope for the best?
Michael: Well, I mean, if you have the time. A lot of times you’re at the airport and you’re rushing back to catch your planes. You don’t have time for that. And these agents also don’t have the time because they have a million people coming and returning cars. So, you know, as a practical matter, it may not work but, you know, legally it would certainly help you. I mean, you’re not going to typically take pictures of the vehicle when you return it. But I guess if you did, that would certainly safeguard you.
Steve: Well, especially since it’s timestamped date and time. And that way, if they ever came at you, you could say, “Hey, look, these pictures were taken at this time and they were fine.”
Michael: That would be good evidence.
Steve: Yeah, absolutely. I like it. All right. Here’s the next question from Monica. My daughter was diagnosed with a mood disorder, and I think the cause of it is related to the toxic baby food cases I have seen on TV. Would this be means for a claim?
Michael: Not yet, Monica. At this point, the only medical evidence connecting is autism-type cases and attention deficit type cases. So those are the type of injuries that the medical community has diagnosed as related to the toxic baby food cases. So, your child’s new disorder at this point would not be related.
Host: Okay. Are you handling those types of cases?
Michael: Yes, we are. We are handling them, and they’re very scary. I mean, you have kids, you’re feeding them, you know, the baby foods and who knew there was toxic metals these foods at such high levels that even the Congress in the United States got involved.
Host: Wow.
Axel: So they’re very scary.
Host: And are they that fine that you can’t feel him or any? And of course, I mean, unless you’re eating the baby food yourself, you’re not really tasting them.
Michael: Right. No. No, you wouldn’t know. No one would know. It’s just in the food itself. So it wouldn’t change the taste. It wouldn’t change anything.
Host: Uh-huh, and which types are you handling in these scenarios?
Michael: If the child has autism or attention deficit disorder.
Host: Okay, all right, but not a mood disorder.
Michael: Not a mood disorder.
Steve: Okay, here we go with Hector. Hector says, “I was rear-ended about two months ago and the other person’s insurance still has not settled my claim. I didn’t feel like I needed medical treatment at the time, but now I feel like I might. Is it too late to go to the doctor and would the insurance cover the bills?”
Michael: Well, that’s kind of a tricky question because, no, it’s not too late. You can certainly go to the doctor. The question is, is your medical treatment related to the accident? It’s kinda like the BB gun case. When you go into the doctor so far afterwards, it doesn’t necessarily, you know, sound good or make for a good argument that if you go to the doctor two months or so after a car accident, that, yes, it’s because of the accident. I mean, it certainly can be, and perhaps they have a good reason for not going or perhaps they’re the type of person that said, “Well, I’m hurting and I’ve really been hurting bad, but I’m tough and I don’t want to go to the doctor,” that happens for sure.
So, yes, you certainly can go to the doctor and yes, they certainly may cover it, but it’s really a question of, is it related to the accident? And some of the questions and factors that may enter into is how badly your vehicle was damaged. If it’s just a tiny little scratch or tiny little bump, they’re probably not going to think that it’s related. Now, if your car was smashed and totaled and crunched really bad, you have a much better argument for the delay.
Host: So is it bashed like if you are in a car accident to get medical attention?
Michael: As soon as possible, yes. Any delay will hurt your case, even if it’s, you know, a few days delay. Gestures will argue that, “Hey, why didn’t you go to the hospital? Why didn’t you go to the same day of the accident? Why did you wait two days?” And so now we have, “Why’d you wait a week? Why’d you wait a month?”
Host: Right, in this case, in Hector’s case, it’s two months.
Michael: Correct. So it just is a bad facts situation, and then you’d have to overcome it. I mean, you could win, but you could also lose and be responsible for that bill.
Host: All right. So, look, we have time for another one. So when we come back, we’re going to discuss slip and falls.
Michael: Okay, sounds great.
Host: All right, that’s next on 93.1 KISS FM, Ask a Lawyer with Michael Gopin.
Host: Oh, this is such a treatment. Not only do we have Michael Gopin, the star of outrageous television commercials but helping me out this morning because, you know, Tricia will be gone for a bit, is Hall of Famer, Steve Kaplowitz.
Steve: I can’t believe I’m on KISS.
Host: Is this the first time ever? You’ve been on the show before, haven’t you?
Steve: I think this is, like, the third time.
Host: You’ve done a couple of things, right?
Host: You must be nervous or something.
Steve: You should be nervous. Twenty-seven years at this radio station and, yeah, I mean, it’s like Haley’s Comet when I come on this radio station. It really is. It just never happens.
Host: Yeah. You know, you’re like the sports dude and we’re not really a sports type of morning show.
Steve: Yeah, but I could talk about anything.
Host: Can you though?
Steve: I mean, you know, absolutely.
Host: Can you though?
Steve: Sure. I mean, pop culture, music, food.
Host: I hear your opinions in the hallway, and I’m not so sure.
Steve: Oh, I have opinions on everything. You know that.
Host: I know you do. Some I’m not so sure should be vocalized.
Steve: Well, and here’s the thing too. Okay, people don’t realize this in your listening audience, but Michael Gopin and I go back at least… We’re figuring this out, like about 40 years, maybe 41 to 42 years.
Host: No, really?
Michael: He was, like, 7 or 8 years old.
Steve: He was my summer camp counselor, Michael was. Yes, he was.
Michael: In the ’70s.
Steve: Yeah, in the ’70s, that’s right. He was still in college. We had just moved here from New York and there was a summer camp years ago that I went to and Mike was the counselor. So, it was fun because I’ve known him for so long in so many different capacities. And it’s incredible to see what he’s turned into in terms of his law practice and his career. It’s wild because I knew him back when he was just, you know, a teenager going to school. So it’s really nice.
Host: And, Michael, was Steve always sports a geek?
Michael: He was always the sports guy. You know, his little brothers may have beaten him in sports but, you know, he…
Steve: Yeah, that never happened. You can try to talk all you want. The only person that could beat me in sports is my dad. That was about it.
Michael: He’s a good shooter.
Host: Well, see, that’s why we’re having Steve help out this morning because, you know, these two do know each other quite well. And, you know, somebody’s got to do the actual work behind the scenes to keep things going. That would be me.
Steve: There you go.
Host: And with Tricia gone, we need somebody to set up the questions for Michael to answer. So let’s get Ask A Lawyer going, Steve.
Steve: Here we go. We’ll start with Jen who has this to say, “My husband and I have been separated for almost a year. Legally, we are still married but are going to file for a separation so I can continue to be on his insurance. Once this is done, he wants to file for bankruptcy for things that he did financially. Will this in any way affect me? I have nothing to do with his debts.”
Michael: Well, first of all, in Texas, there’s no legal separation. So you can’t be filing for a legal separation in Texas. So even if you were planning to do so, there’s no such thing in Texas, so you can’t do it.
Host: So it’s either divorce or you’re married.
Michael: Divorce or married. So, in terms of the bankruptcy, it just depends on what debts those are. Like, if you have a community property house and you’re filing for bankruptcy separate, that can certainly affect you and your credit and your mortgage. If you have these debts on credit cards but your spouse isn’t named on them, she’s not or he’s not on the card, then it won’t affect them. So depending on the debts that there are and what exists is the answer to that question. So I would advise before he does that, to talk to a bankruptcy attorney, find out exactly what the debts are, and see if there will be an effect on you or not. And you would know your own debts, but that’s kind of the key.
Host: Well, what in Texas is considered community property?
Michael: Everything you bought and acquired during marriage.
Host: Together or…?
Michael: It doesn’t matter.
Host: Okay. So even if, like, let’s say you have a mortgage in the name, it’s only one name on the title.
Michael: If you bought the title or the property during marriage, it’s community property.
Host: It doesn’t matter whose name is on the title…
Michael: It doesn’t matter whose name is on the title.
Host: …whose name is on the mortgage, none of that. Same thing with a car, with a vehicle.
Michael: Correct. Anything. Anything that you acquire during marriage is community property.
Host: What about student loans?
Michael: It’s a community debt. So if you acquire it during marriage, it’s your…
Steve: Yeah, so this is a lesson to everybody out there. Once you get married, it’s not just…
Michael: It’s a financial commitment.
Steve: That’s right. Yeah, a big one.
Host: Okay. So I guess in Jen’s case then, it doesn’t look that good for her if he files for divorce, if they file for divorce.
Michael: No, not necessarily. It won’t affect her credit if those credit cards are not in her name, for example. It could still be community debt, they could still hold her responsible, but it wouldn’t affect her credit rating. So the husband’s debt could be taken away and gone, but she would still be responsible for the debt if she doesn’t enter the bankruptcy with him.
Host: Oh, man.
Michael: So there’s lots of different issues here.
Host: All right. Second question from Glo.
Steve: All right. Glo wants to know, is a lawyer required to create a power of attorney? And if not, where can I find the form? Also, are there different powers of attorney?
Michael: Well, first of all, a lawyer isn’t required to create a power… If they want to be hired for, you know, that job to do a power of attorney, they certainly can do it but there’s no requirement that they take on that job. There’s many different types of power of attorney. There’s a medical power of attorney. There’s a limited power of attorney. There’s a general power of attorney for everything. So there’s many, many different types of power of attorneys, and they’re actually pretty easy forms. You can find one online if you want it to, but you have to be sure it’s going to help you for what you want it to do.
So if you want it to be just for a limited one transaction, then you want to make it limited, so you don’t give the person who you’re granting the power of attorney all this additional power. If it’s general, you know, then it is for everything. They could wipe you out, you know, take everything because you gave them the permission to. Some of them are medical. Just in case you’re disabled, then they [inaudible 00:06:16.088] incapacitated. So it just depends what you need and what you want. But, you know, you could find a lawyer to do it for sure. If you Google it, you should be able to find the form for yourself also.
Host: And your personal opinion, is it best to go that route or…?
Michael: You know, for certain things, if it’s more complicated like a medical power of attorney, I would probably recommend that, yes, you go to an attorney to do it. If it’s a very simple power of attorney for one little thing, you can probably do it yourself. If you don’t feel comfortable, you know, with the form or researching it, then definitely go to an attorney. It’s not that expensive and you can get it taken care of.
Host: Okay, all right. Soak in Michael Gopin. He can take care of you, man. That’s why he’s part of Ask A Lawyer. And so we put all these questions you have for him in front of him. And you can, you know, ask for yourself on the KISS El Paso website, by the way. You look for ASK MICHAEL GOPIN at the top of the page. He comes by monthly. So, ask a question and we’ll put it in front of him the next time he’s around.
Steve: You know, what also is really great? There’s been a lot of questions coming in on the KISS app, and that’s great too because I know a lot of people that listen are able to just send in their question while they’re listening. And that’s such a handy way to do it too.
Host: Third question from Juan.
Steve: Here we go. “A couple of months ago, I went to a pawnshop. It was busy that day, and people were looking at guns.” You kind of feel where this is going. All right, Juan. Someone was holding a BB gun, and it accidentally went off, and it hit me in the corner of my eye. I did not go to the hospital or need medical attention. Is there anything I can do now a couple of months after the incident to get recompensated after what happened to me?
Michael: Well, you certainly could make a claim for getting hit in the eye with a BB gun. From the sound of it, it doesn’t sound like you had much damages in terms of what happened luckily. You didn’t need any medical attention. You didn’t go to the doctor. No urgent care clinic, no hospital. So it doesn’t look like your damage is very much, if any. I’m not sure who was holding the gun either. Was it a customer? Was it an employee? You know, was it something they were selling there in the store? I don’t know that. I’m assuming that it is. But, you know, technically you could hold the the store responsible if it was, you know, an employee of theirs and it accidentally shot off. And it sounds like it would be negligence to me, but it doesn’t sound like you have damages in this case. So there really wouldn’t be much of a recovery, if any.
Host: What if it was a customer? You’d have to track down the customer, huh?
Michael: I mean, if it’s the gun that’s being sold in the store, it’s a different store, then it can certainly be the store’s fault. But if it’s a customer’s BB gun and then he just walks into the store, it’s certainly not going to be, you know, the pawnshop’s fault. You’d have to track down the customer in that case.
Steve: You would also think you wouldn’t have a loaded BB gun in a pawnshop.
Host: You would think, you would think but when you let people, just anybody walk in, you never know what you’re going to get into.
Michael: He was pretty lucky though, not be injured from that type of accident.
Host: I’ll tell you what, I know. I’ve seen that Christmas movie, you lose an eye.
Michael: Exactly.
Host: Okay. So we’ll be, we’ll be right back with more questions for Michael Gopin, Ask A Lawyer. Steve Kaplowitz from 600 ESPN is filling in this morning for Tricia who’s going to be gone for a while, and somebody’s got to ask the questions because I can’t read. So we’ll be right back with another set of questions from you.
