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Retirement or Just Plain Tired

Thursday, May 30th, 2013

     “Don’t be pushed by your problems, be led by your dreams”. (Ralph Waldo Emerson) I was reminded of that quote in an article from Intentional Retirement.com titled “8 Habits of Successful Retirees“. It really provides some good reminders on living life:

     1. Live with a sense of urgency. Life is limited; Live each day with meaning.

     2. Take Risks. We all should have insurance and wear seat belts. Still, to pursue goals means taking some risk to attain.

     3. Be healthy. In 1900, the three leading causes of death were flu, diarrhea and tuberculosis. Today, the three leading causes of death are stroke, heart attack and cancer. The article reminds that stress and diet are part of these causes.

     4. Retire to something, not from something. The article discusses pursuing not escaping.

     5. Retire based on your bank account, not your birthday.

     6. Choose yes over no; active over passive; adventure over inertia. Mark Twain said, “Twenty years from now you will be more disappointed over the things that you didn’t do, rather than the things that you did”.

     7. Do Important Work. All of us are created to do something meaningful and productive.

     8. Foster meaningful relationships. “If a man (or woman) does not make new acquaintances through life, he will soon find himself alone. Keep friendships in constant repair”. (Samuel Johnson)

     The article attached above has many more nuggets on life. It seemed applicable in the blog because I had just sat down with someone to discuss value for their case. Many of the things above had been impacted by the crash.

     For instance, she couldn’t hang out with her friends; was not able to work and save money; was fearful for her health; and felt like the crash had caused her to be a couch potato. When the accident happened, she was a teenager. These principles of a good retirement were reminders for a teenager. 

     A reminder that no matter where we are in life, we all need purpose. Plus, we need to be able to have the physical capability to carry out that purpose. Without your health, it is hard to enjoy anything.

     And from Mom’s archives for pic o’:

friddday

 

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Read it again, Grammy!

Sunday, January 27th, 2013

One of my favorite childhood memories takes me back to my love of a great story. My grandmother used to get her morning coffee and butter raisin toast. Then, she would sit down in her big red chair and I would sit on the right arm of the chair.

She would reach to her left and pick up a story book from the stack of books that were collected next to the chair. Then, she would open the book and begin to read as I would peer over her arm and look at the pictures and words that I could not yet comprehend.

She had read these same books to me over and over so many times, that I could repeat the words verbatim. Still, with exciting voice inflexion and change of voices to match each character in the books; she read them as though it was the first time, and I listened so attentively as though I had never heard this story.

The stories all had some lesson that included some hero. And, of course, there was always a good ending to the story. Then, I would say, “Read it again Grammy, read it again”. She would commence at the beginning again until we would move on to the next book. The only break usually included her getting a refill on her coffee.

Many times before bed, we would be right back to those same stories. Even if we had to take a break for real life things. As I type this blog, it takes me back to such a good feeling of just sitting there, never wanting the Grammy to stop reading.

In Saturday’s HamptonRoads.com, there was a story titled “Job seeker tries to plant seeds at Va. Beach expo”. The story included a picture of a young man standing in front of the display. He is bit out of place at the Virginia Beach Convention Center, where the Virginia Flower & Garden Show is set up.

The many displays on the floor include potted greenery and garden tools. At this one display, a 27-year-old man stands with a table behind him, and a large white sign that says “John Wike/Bachelor Degree-Business Management”. Instead of selling rakes, he is pitching himself for employment; hoping that during the three days of this convention that someone will have a job opportunity for him.

In real life, the end of the story is not always perfectly scripted. Many clients that call me also weave a story of lost wages and lost opportunity. Sometimes on their path of life, they are unable to pursue a career or take a desired job that has been offered. Other times, they miss so much work that their employer either terminates them or they lose some career advancement opportunity.

Part of the damages of an injury claim can include making a claim for lost wages. That claim exists even if a person did have sick time that they could take as a benefit of their employment. The person that hit them does not benefit from the collateral benefit of a sick leave payment.

Virginia also recognizes a claim for loss of earning capacity. Following an accident, a client may be earning more than they were earning before the car crash. However, they may have lost a job or career opportunity that could have provided a better income for their future. For that, the person that caused the crash should also be responsible.

Every day, I hear “stories” about difficulty. Fortunately, I have also seen many good endings, despite the road of difficulty in getting there.

After I read the “Wike story” about how he was seeking a job; I also continued to read the comments that followed. One person commented that they really enjoyed reading the story. Then, they wrote, “please do a followup story on him…. I bet he gets a job soon”. Just like me, they like a happy ending.

In my head, I can still hear my high voice saying to my Grandmother, “Grammy, read it again” and my grandmother turning the book to the beginning and off we go again to a happy ending.

Just for conversation, I still have people ask me about “my holidays”. So, I am posting this pic o’ day that makes me laugh:

 

 

 

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Money Stumbles

Sunday, January 13th, 2013

 

I just had breakfast with someone who was bemoaning the fact that he has no 401K. One of his new year resolutions is to get started on retirement.

I just met with a financial planner; He admitted that he was frustrated with himself. A lot of the recommendations that he gave to clients was advice that he couldn’t always follow, because of life circumstances. Finances make it harder for him to put as much money aside as he thinks that he should.

Both of these men were saying what most all of us are saying. We know the road to take but it’s not always easy to get there. In my area of law, there usually is an event that has derailed any attempt at setting something aside right now. That adds to the frustration of a client who is trying to get medical treatment; trying to get better; trying not to miss too much work and still trying to make ends meet.

In a time of crisis, it’s almost a guarantee to look back at the past and say, “I wish I would have (insert a multitude of thoughts). ConsumerReports.org has some good reminders on finances that I thought were good blog fodder. They are called “Seven money stumbles to avoid”. In good times, it’s hard to follow these; In hard times, it’s even hard to read them. Still, it’s a good list to work on to keep from making some of these financial stumbles:

  • Not updating wills and beneficiaries. Eighty-six percent hadn’t updated their wills or other estate-planning documents within the previous five years.
  • Not sharing information with family. In only 30 percent of households did both spouses know major details about the family’s finances and where to find account information.
  • Messing up on 401(k)s. About two-fifths of respondents set aside 6 percent or less of pretax income in defined-contribution retirement accounts, most likely missing out on free employer matches. Ninety-one percent never reviewed fund expenses within their plans, though those expenses play a major role in investors’ returns.
  • Underinsuring. A mere 36 percent of homeowners had purchased extended coverage on their homeowners insurance that covered the full replacement value of personal property. Only 20 percent of survey respondents had umbrella coverage to protect them from liability lawsuits.
  • Not planning for emergencies. More than 70 percent said they didn’t have an emergency fund that could cover three to six months of living expenses; 77 percent had not stored important financial information and contacts in a secure place.
  • Not checking credit reports. Four out of five respondents don’t review their three credit reports at least once a year, though they’re free and indispensable.
  • Mismanaging debt. Almost one-fifth of those surveyed had revolving debt on credit cards of at least $10,000. Of the almost one-quarter of respondents who were in debt for education loans, 47 percent had taken more costly private loans.

These really are reminders of preparation and paying attention. Insurance agents have even asked me to run some ads to remind people to buy more insurance. Usually when you need it, you really need it and that’s because the person that hits you either has no insurance or very little. If you carry more than minimum, at least your underinsurance coverage can help with your losses, and then your insurance company can even go after the defendant to pay them back.

For pic o’ day, my mom sent me this one, with some real investment advice!

 

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Stress And Money

Tuesday, January 8th, 2013

USA Today had a weekend article titled  ”More Money, More Problems?  Why Rich Kids Hate Mom and Dad”.  The premise of the article was that  money is a magnifier of family tensions, in wealthy families.

Author Franco Lombardo wrote a book, with studies to support,  that the rich are not happy in their family relationships. He asks why 70% of family businesses do not pass successfully to the next generation?  His answer: emotional and bad issues are brewing in wealthy families.

As a wealth and financial planner, he believes that wealthy kids have problems with their parents because of three common reasons: 1. A child of wealthy parents grows up with a sense that they get whatever they want. Then, when they go out into the real world and the world tells them “No”, they are not prepared for it and resent their parents.

His second reason for the emotional turmoil is his belief that wealthy parents end up being absentee parents. So, kids feel abandoned.

Third, he says that society makes fun of rich kids. They are always faced with scorn or jealousy. According to him, kids then blame their parents for issues regarding their identity. He puts his theories and “findings” in his book titled “The Great White Elephant: Why Rich Kids Hate Their Parents”. (not so sure I agree with this)

Sometimes authors write things… just to be authors. I think that we have all heard that money doesn’t buy happiness; Even if the belief is that it is easier to be rich and unhappy, than poor and unhappy. But, for the purposes of this blog, there’s an application to personal injury law. It is the opposite of having too much.  A completely different emotion.

I recently had a lady tell me that she had just lost her job.  Now, she is starting to get worried because her severance pay is running out and she still has not found a job.  Which is more stressful to her… Not having money or not having a job?

When I send in settlement packages to insurance adjusters, they like specific numbers to support the loss. What were the medicals and what were the loss of wages? How much did it cost to fix the car?

In the beginning of the blog, I discussed books on those that have money. Their problems come from having it. Those without, have problems that are way more than emotional. It is actual loss.

The loss of a job is a loss of money, but the worry is even greater. That is a damage in a case that can almost not be measured. For some adjuster putting some dollar amount on the loss, I suspect that they would put a greater amount if they were also facing the loss of their job.

In jury trials, the laws of evidence say that you cannot argue the golden rule. When arguing a settlement value to an adjuster, I still always hope that they will somehow place themselves in the position of appreciating the world of loss and worry.

For pic o’ day, here’s putting yourself in someone else’s position!

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The Gift of Thanks

Thursday, December 20th, 2012

“Just what I always wanted” or “this is exactly what I need” are phrases of past and present for Christmas day. Many times, it might be just kindness because the gift recipient isn’t going to look quizzically at the giver and say, “are you serious?”.

We are all faced with buying gifts for different people and personalities. Of course, the more that you know someone, the easier it should be.

A couple of days ago, the front desk buzzed me to say that one of our TV sales representatives was in the lobby and wanted to give me a gift for the office. When I came up, she handed a box containing a dozen cupcakes. All I could say was “awesome” and “thank you”  because these were cupcakes from the cupcake shop, where the icing  was hanging off the edges and the chocolate, coconut or butter icing just made my mouth water when I looked at them. A real gift for the office that everyone “needed”. A great gift.

My last few blogs have probably demonstrated how busy it has been at the office. I know that posting pictures of dogs in antlers or angry snowmen doesn’t really qualify as a blog. This is the time of year when I  basically  get here in the dark and leave in the dark.   I am truly lookng forward to Christmas; the days off during the holidays, and spending time with family.

The cupcakes were just one of the many great gifts that were brought to the office. It’s a far cry from joking about how “we used to be so poor that we would just sit around and exchange glances at Christmas”. The cupcakes were a great gift, like so many others.  However, one particular gift really made an impact.

A couple of days ago, I was just going through my mail at the end of a long day. I was tired and didn’t feel like listening to voicemail messages or even opening up my mail. I decided to reach for some of the envelopes that looked like Christmas cards.

One was a card that had several sentences written in it. I recognized it as one from a client, who has been through a lot of difficulty these last months. She wrote how thankful she was for what we had done for her.  She mentioned her paralegal by name as meaning a great deal to her, and then specifically detailed some things that she was going to do with her settlement money.

I wished that some of my future jurors could read the letter. I wished that I could convey her message to insurance adjusters, to show them humanity. Most of all, I wished that I could just bottle that feeling that her letter gave me. It was a gift of the written words of “thank you”. Simplicity of thoughtfulness.

On to my general thoughts…just because Rudolph wasn’t allowed to play reindeer games didn’t mean that he wanted to play Facebook games!

 

For pic o’ day, it never hurts to write!!!

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A Titanic Injury Reminder

Monday, November 5th, 2012

I’m not sure whether I should call it a buying weakness or a hobby. It has certainly gone beyond need. I enjoy buying watches. Especially ones that are unique.

This watch is a Romain Jerome brand. It is certified by Harland and Wolff to be made from the original steel of the Titanic. Basically, they included the ship medal and made a “DNA Certified Titanic” watch.

This is an example of turning a bad situation into something worthwhile. In this situation,  owning a piece of the “RMS Titanic” that is a functioning watch.

Greek mythology tells the story of the bird, Phoenix, who rises from the ashes. A story of overcoming. That bird became the symbol of Atlanta, Georgia,  because of being “reborn” from the ashes after it was burned to the ground during the Civil War.

When I look at this watch, I am also reminded of many clients who have managed to turn a very bad situation into a positive. One client was injured on the job and no longer able to work as a pipe-fitter. I remember later, going to his restaurant that he purchased with his settlement money. It made me smile to see a crowd there and to see his look of pride.

Another client was rescued from a burning car by a driver behind her. Years later, the two got married. A wonderful relationship out of a bad situation.

Another client was able to take her settlement money and go back to school. Later, I heard that she was working at the hospital as a nurse.

People normally don’t call me with good news. They call because of some difficulty or injury. The journey can be winding. It’s nice to see an ending that involves overcoming difficulty. Turning a bad event into a something good.

For pic o’ day, how about a Polar Bear alarm clock:

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Fault versus Responsibility

Wednesday, August 22nd, 2012

Major league baseball pitcher, Bartolo Colon, was just suspended (ESPN article) for 50 games, after testing positive  for a performance-enhancing substance.  Baseball decided a couple of years ago that it was no longer going to turn a blind eye to steroids, human-growth hormone and other drugs.

When it was announced that Colon had tested positive for a banned substance, he or his agent released the following statement on his behalf, ” I apologize to the fans, to my teammates and to the Oakland A’s” (his team)

When I saw this story and the statement, I wondered why he was apologizing. For the last couple of years, there were rumors about him unfairly competing. Now, baseball has confirmed those rumors. Is he sorry that he took banned drugs/substances or is he sorry that he got caught? Was he sorry the day before he got caught.

For every lawsuit that I file, I receive an answer to the suit.  Almost always, the answer is filed by the defense attorney that has been hired by the insurance company. In that answer, they deny everything except that there was an accident. Then, on the day of trial or a couple of days before, I usually am told by the defense that  ”they are admitting liability”.

Although they admit liability, they then attack my client about injuries and treatment. Recently, I asked a defendant if he was at fault for the crash. Like clockwork, he said that he accepted responsibility for his actions. I then followed up with, “So you accept responsibility for the injuries that you caused my client?”  He hesitated, looked over at his attorney at counsel table and then blurted out, “oh no, that’s not what I meant”.

Whether it’s the real world, baseball or from a car accident, getting caught doesn’t usaully mean “I’m sorry and I’m responsible”.  I suppose that will never change.

For pic o’ day, this pup just realized that Vet doesn’t mean what he thought they were saying:

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Genuine Help

Sunday, August 12th, 2012

     This week, I received a call from a prospective client that started with an unusual introduction. “I can’t find anyone who cares to help” she said. Her family had recently had a tragic event occur and she could not get any help from the insurance company or the people who caused the injury.

     I regularly read ‘self-help” books on all kinds of topics that range from positive thinking, to leadership, to real estate. Most authors are trying to find some new nugget, to cause you to buy their book. Most of the time, the ideas may have a new application, but they still rely on foundations that have been written in many other books.

     In my reading, I found one author who pointed me to an older book. In 1961, Carl ‘Rogers wrote “On Becoming a Person“. I learned that I did not agree with his basic premise on humanity. For now, I won’t go that direction. It would be like discussing the importance of the knotholes of Noah’s ark.  For blog purposes, I try not to provide material to help take the place of counting sheep, when you are searching for sleep.

     I did like Rogers’ first premise on building a relationship with others: “Be Genuine”. He wrote, “to be genuine, we must be aware of our feelings. We must then express the feelings and attitudes which exist within us”. Rogers was a therapist who believed that his patients were not objects, but rather fellow people.

     I used to go to a primary care physician for check-ups, where I felt that “object” feeling. When anyone would present themselves to the receptionist/front desk, soon a voice over the intercom would announce that “you have a chart up front”. We had all been reduced to being a chart.

     I am currently in the process of hiring more attorneys for the Richmond office. Part of my interview process includes asking “why do you want to work with clients?”.   I usually receive some standardized response. It doesn’t mean that their answer is wrong, it just means that they have been studying some interview book. I try to get beyond “I like helping others” or “I just love the law”.

     I heard a basketball coach once use the expression, “you can’t teach height”. In the practice of law, you really can’t teach someone to be genuine, who genuinely wants to help others. It’s either there or not. In my experience, those are the attorneys that really can make a difference in helping people. I guess the others can happily do insurance defense. (I know, I probably could have left that last opinion out, but I couldn’t help myself)

     For pic o’ day, here’s a dog with recognition of feelings:

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Parking Lots and Patience

Wednesday, June 20th, 2012

I am an injury lawyer. That could mean cases from auto accidents, truck accidents and even cases against drug companies. It also sometimes includes parking lot cases.

If I told someone that I was a parking lot accident lawyer, I think that they would probably arch their eyebrows and ask, “So how’s that working out?” John Grisham likes picking on lawyers in his novels, as ambulance chasers; but I bet he hasn’t even considered “Parking Lot lawyers”.

So far, I know that this hasn’t grabbed you. Although, almost everyone has had a close call in a parking lot. Police can be called, but accident reports are most likely not filled out because the accidents usually occur on private property.

I do have some interesting parking lot cases currently pending. This isn’t a blog to sell the excitement of parking lot cases. But, many times, there are surveillance cameras that help establish fault.

The attachment below is something that I saw from a parking lot surveillance camera. It’s not from a case, but it’s good stuff. I hope you can click and watch.  I think the ending will make you smile.

 

 

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Traffic, Health, Diamonds in the Rough

Sunday, May 13th, 2012

 

I sure enjoyed Mother’s Day. But, the traffic was terrible. I’m told by restaurants that it usually is their busiest day of year. Guess that’s why there was so much traffic.

In the public parking garage at the restaurant, there was plenty of parking spots available. Unfortunately, we kept going round and round, because the empty spots had “reserved” on them. It made no sense. Reserved for what, since there were more empty than full.

Then, I saw a lady with her kids, looking sadly at her car. There was a parking boot on her tire. Someone was enforcing the reserved. She didn’t know what to do and the only suggestion I had was to go to the Hotel lobby for the parking lot and ask them to remove it. Nice touch on Mother’s Day, Virginia Beach Westin.

I also noticed more police on the roads with radar. Is Mother’s Day a day of special traffic enforcement? I also was surprised to see traffic slowed by road construction. Usually, I am glad to see roads being fixed. Just seemed like an odd day to focus on it with so much traffic. I know… I need to stop complaining.

Thinking about this blog brought me to thoughts on traffic. I’m sure that you’ve already heard that one-third of all accidents happen within one mile of your home. It’s called “switching off syndrome”; where people admit that their minds wander from driving and the road, and they start thinking about what needs to be done.

Well, here’s more statistics that cause concern. AtlanticCities.com reports that there is a connection between longer commuting to work, and bad health. In the upcoming “American Journal of Preventive Medicine”, those who have commutes that are 15 minutes or greater tend to experience decreased cardio-respiratory fitness and increased weight. The health statistics show that such commuters have higher numbers of increased weight, high blood pressure and high cholesterol.

If you click on the article, it will give you specifics on driving and health. It all boils down to lack of exercise. You just can’t do cardio and push-ups in the car seat! Guess it’s like being a couch potato without the couch and remote. Instead, you get traffic, speed traps… wait, I promised no more complaining.

You might not be able to shorten the drive;  but, I guess it’s another good reminder to work at getting out of the car and into the gym.

For pic o’ day, I figured that this would be a sign that would cause us all to get out of the car and get some exercise:

 

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