November 2012

T h e L a w O ff R e m o f c k sd d M a w rO ff m a n i c e s J a To o n L . F i e d i c e s

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To

Starts Here

Personal Injury | Bankruptcy | ConsumeriLitigation, includingr fairn g H o m e N lemon law, fair creditu r a n c e and truth in lending litigation A c c d e n t s | N u s i debt collection, e g l e c t | I n s reporting

the dangers
OF DiSTRACTeD DRiViNG
Driving can be an adventure even when youre doing everything right. After all, you cant control what the other guy is doing.

whats inside
page 2
Ask Todd Debt collector tells veteran he should have died

But you can control what you do to stay focused on the task at hand. Eating, applying makeup, and reading the newspaper are a few of the things one should never attempt while driving. Two other hazardous activities that far too many engage in are talking on a cell phone and texting while operating a vehicle. There are three basic types of distraction: visual (taking your eyes off the road); manual (taking your hands off the wheel); and cognitive (taking your mind off what youre doing). Approximately 9 percent of all drivers Texting involves all three, making it particularly dangerous. Many states are enacting laws that ban texting/cell phone use while driving. Some states are utilizing graduated driver licensing systems for teen drivers to hopefully raise awareness of distracted driving and prevent its occurrence. Here are some sobering statistics provided by the Centers for Disease Control pertaining to distracted driving: Take the proper measures to protect yourself and others who share the roads with you. If you need to text or call, pull over to a safe location to do it. No call or text is worth risking lives. If you have received an injury as a result of a distracted driver please call our office today at (877) 449-8898. reported texting or e-mailing regularly or fairly often while driving. The figure was 25 percent for drivers ages 1829. Overall, 25 percent of U.S. drivers report that they talk on their cell phones regularly or fairly often while driving. The number was nearly 40 percent for those ages 1829. In 2009, over 5,400 people died as a result of distracted driving, with nearly 1,000 of those fatalities attributed to cell phone use. Over 448,000 more suffered injuries.

page 3

Bullying can cause major damageSometimes lethal Reminder Get your flu shot

page 4

No need to hurry a settlement after an accident

Todds interview with KXTV News 10

http://www.news10.net/news/ article/210391/2/ Manteca-woman-suesDish-Network-over-robocalls

The Law Offices of Todd 1002 Lititz Pike 369 Lititz, Pennsylvania Beverly Hills, California 90211 | (877) 449-8898 Rem Jackson Law Offices M. Friedman #191 |S. Doheny, Suite 415 |17543 | (717) 238-3668 | www.TopPractices.com

Ask Todd
Are debt collectors allowed to call about my adult childrens debts?
It depends. If you were a cosigner on the loan, and your child has defaulted, a collection agency can call you about the debt, because you are legally responsible for it. However, if you were not a co-signer and you therefore arent legally responsible, the collection agencys contact with you must be limited. Debt collectors are allowed to contact a third party about the debt, but only in order to find out the debtors address, phone number, and place of employment. The debt collector cannot harass or purposely annoy you with calls. If youre being contacted by collection agencies, you have the right to ask them not to call you again and to remove your phone number from their computer records. You should also ask for their address and send them a certified letter to that effect. You should also talk with your children to insure that the debt is valid, if the topic is one that you feel comfortable discussing. There are a lot of scams floating around where a caller seeks payment on a debt that isnt owed, or a debt collector lies about the amount that is actually owed. Being contacted by a debt collector can be a horrible experience, especially when the debt collector steps over the line. If you are currently being called by a debt collector, you have legal rights and the debt collector has limitations. Call our office today at (877) 449-8898.

DeBT COLLeCTOR TeLLS VeTeRAN He

should have died

Is there nothing debt collectors wont do in an attempt to collect an old debt? Recently, a disabled veteran who was collecting disability benefits for his injuries alleged that a law firm and debt collection agency told him that he should have died instead of collecting disability benefits. The collection agency froze over $6,000 in the veterans wifes savings account in order to collect on a defaulted student loan that the veteran incurred. A judge ruled that the money must be returned to the wife, since the funds were veterans benefits that the wife received as a result of her husbands injuries, and those funds are exempt from collection. The veteran called the company to attempt to get the money back and was told to sue in order to get it. While on the phone, he was told by an assistant that his wife should have divorced him and that if he had served our country better he wouldnt be living off Social Security while the rest of Americans work their (expletive) off, and that he should have died. The veteran sued under the Fair Debt Collection Practices Act, which prevents debt collectors from using abusive collection tactics. The law firm says that it is unable to substantiate the allegations, but that it wont tolerate that type of conduct. Although its unclear whether those statements were actually made by that debt collection firm, its very clear that debt collectors commonly resort to tough language or shady collection tactics in an attempt to bully consumers into paying the debt collectors. Fortunately, federal law prevents debt collectors from taking certain actions while attempting to collect debts. Those include lying, using harassing or profane language, contacting you at inconvenient times, contacting relatives or friends about your debt, sending you a letter that appears to have come from a court, and many more. If you have been subjected to any of those behaviors from a debt collector, you have legal rights. Call our office today at (877) 449-8898.

The Law Offices of Todd M. Friedman just settled a major case against a top national chain accused of violating the Telephone Consumer Protection Act.
(877) 449-8898 2 | November 2012 | www.TopPractices.com

 sometimes lethal
Bullying has been featured more prominently in the public eye over the past few yearsand for good reason. Nearly a third of students ages 1218 report having been bullied, sometimes on a daily basis. Generally speaking, bullying comes in two varieties: physical and emotional. Physical bullying may encompass shoving, hitting, punching, tripping, or spitting. Physical threats may also be utilized to coerce someone into doing something they normally wouldnt.

In addition, a strong link has been established between bullying and suicide. Bullying victims are 29 times more likely to consider suicide than nonvictims, according to a Yale University study. A study conducted in Great Britain found that bullying was responsible for over half of youth suicides (or for the conditions that led to suicidee.g., depression). Another alarming statistic is that for every suicide, there are at least 100 suicide attempts. Parents, keep an open line of communication with

Emotional bullying is more pervasive and covers a wide swath of territory. It includes insults, teasing, spreading false rumors, and cyber bullying (bullying through the use of social media). Bullying is not a kids will be kids type of situation. The harm it causes can be long-lasting and may result in low self-esteem, difficulty in trusting others, lack of standing up for oneself, aggression and anger issues, and isolation.

your children. Many kids are embarrassed to admit that theyre being bullied. Dont be afraid to go to school authorities when a bullying situation is apparent. Early intervention can save a world of heartache. (For more information about bullying, including indicators that it might be happening to your child, visit www.webmd.com or www.aap.org.).

reminder

GeT YOuR FLu SHOT

While the flu season typically peaks in the U.S. around January or February, it can sometimes begin as early as October and even hang around until May. Ugghh! Its important that you get a flu shot every year since the flu viruses are constantly changing. Because of this, each years flu vaccine is formulated to keep up with the new strains. Not only that, studies have shown that the bodys ability to fight off influenza viruses declines over time. So, if you havent already, we encourage you to get your flu shot as soon as possible. Once you receive your vaccination, it takes about two weeks for antibodies to develop in the body and provide you with protection against the flu. Flu vaccines can be obtained in many locations, including pharmacies, doctors offices, health clinics, some employers, and even some schools.

(877) 449-8898 www.TopPractices.com | November 2012 | 3

November 1 All Saints Day November 4 Daylight Savings Time Ends November 6 Election Day November 11 Veterans Day November 22 Thanksgiving

BuLLYiNG CAN CAuSe MAJOR DAMAGe

November 2012 Important Dates

The Law Offices of Todd M. Friedman Rem JacksonSte 415 Offices Hills, CA 90211 369 S. Doheny, Law Beverly
(877) 1002 Lititz Pike #191 449-8898 Lititz, Pennsylvania 17543 (717) 238-3668 Rem Jackson Law Offices www.TopPractices.com 1002 Lititz Pike #191
Lititz, Pennsylvania 17543

FiND uS ONLiNe!

www.facebook.com/LawOfficesofToddFriedman (717) 238-3668 www.twitter.com/tfriedmanlaw

www.TopPractices.com

This publication is intended to educate the general public about personalinjury, medical malpractice, and other issues. Itissues. It is for information purposes intended to is not intended to injury, medical malpractice, and other is for information purposes only and is not only and This publication is intended to educate the general public about personal be legal advice. Prior to acting on any information contained here, youshould seek andand retain competent counsel. The information in this newsletter may andfreely copied and be legal advice. Prior to acting on any information contained here, you should seek retain competent counsel. The information in this newsletter may be freely copied be distributed distributed asthe newsletter is copied in its entirety. as long as long as the newsletter is copied in its entirety.

no need to hurry no need to hurry

Insurance adjustersmention a lot of money.the draw in pushing for a work, not to are often quick on It might seem tempting to settlement in a carpartyno claims process and a rapid acquisition of the injured accident case. It saves the insurance company compensation. a lot of money. It might seem work, not to mentionWhat could be the harm in that? tempting to the injured partyno claims process and a rapid acquisition of Plenty. compensation. What could be the harm in that? Plenty. tigation of your accident. Having all the facts at your disposal is
always beneficial. In addition, some injuries arent apparent just days after an accident; some might only wait weeks or invesTo acquire the compensation you deserve, appearfor a fulleven months later. To acquire the compensation you deserve, wait for a full invessettlement in a car accident case. It saves the insurance company

A SeTTLeMeNT AFTeRpushing forACCiDeNT insurance adjuster calls, make it clear that Insurance adjusters are often quick on the draw in AN a When the other partys
you will not be talking about how the accident happened, your When the other amount, and that you dont want any furinjuries, or a settlementpartys insurance adjuster calls, make it clear that theryou will not issues. Many about how the accident happened, your calls on these be talking adjusters are skilled at eliciting comments thator a call into question your injuries or finesse whatwant any furinjuries, can settlement amount, and that you dont amounts to an admission of some fault on your part. are skilled at eliciting ther calls on these issues. Many adjusters You may need to field a phone call from an adjuster concerning amounts to an admission of some car repairs. But do it at your convenience. fault on your part.

A SeTTLeMeNT AFTeR AN ACCiDeNT

comments that can call into question your injuries or finesse what

tigation of your accident. Having all the facts at your disposal is always beneficial. In a quick settlement injuries arent apparent just If you jump on addition, some opportunity, youre likely to get days after an accident; some might Thats appear weeks or compathe really short end of the stick. only what the insurance even nies are months later. banking on.

Do not sign anyneed to field aother partys insurance company. concerning You may forms from the phone call from an adjuster These forms could givedo it at yourcompany direct access to car repairs. But an insurance convenience. your medical, work, or personal records. Some companies are sneaky enough to try to disguise a release from any liability.

If you jump on a quick settlement opportunity, youre likely to get o p P r a c t i c e s . c o m Vi s i t u s a t w w w. T the really short end of the stick. Thats what the insurance compaContact our office today at (877) 449-8898 and protect your nies are banking on. rights.

Do not sign any forms from the other partys insurance company. These office could (877) 449-8898 and company Contact our formstoday at give an insurance protect your direct access to rights. medical, work, or personal records. Some companies are your sneaky enough to try to disguise a release from any liability.

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