DeWitt Law Firm - September 2020

DeWitt Law Firm - September 2020

The

Digest

DeWittLaw.com

SEPTEMBER 2020

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Some Parts of the Season Will Never Change

LOOKING FORWARD TO FALL IN FLORIDA

Though it might not feel as much like it as it does in other parts of the country, the fall season is about to begin in Florida. Even though the leaves don’t change color, and there’s not a crisp chill in the air, the official switch from summer to fall still comes with a lot to look forward to. It signals the beginning of the school year for our kiddos, the start of the most productive part of the year for our businesses, and it ushers in holidays like Halloween and Thanksgiving. Still, there’s a lot to look forward to in the fall that you can only experience in Florida. While large swathes of the rest of the country hunker down and anticipate the latest snowpocalypse, we actually move into some more pleasant weather. Our days get a little drier, a little sunnier, and a little cooler, which means it’s the perfect time to get out and enjoy the sun in whatever way possible. And while there might not be as many this year, I’m sure we’ll all see our fair share of “snowbirds” — the visitors from the northern states that come to Florida to escape the harsh fall and winter weather. While changing leaves and crisp, cloudless mornings have a certain amount of charm, you can’t beat the constant sunshine of the Sunshine State! Just because we’re short on traditional fall weather doesn’t mean we’re short on autumn treats and fall fun! With the arrival of fall comes the best time of the year for baked goods and warm drinks. It’s a time of year when there’s a little something for everyone. You could curl up on your porch and sip a hot cider, hot cocoa, or pumpkin spice latte, or you could enjoy a hearty slice of pumpkin pie (or any pumpkin- themed baked good, for that matter). Whatever your choice of autumn treat, we Floridians get the unique advantage of enjoying them on our outside porches all year round.

While the fall season in Orlando is usually awash with major events put on by our city and nearby theme parks, these uncertain times make it hard to predict which events will happen, which will be postponed, and which will be canceled. That said, I hope events like Epcot’s International Food and Wine Festival and the musicals at the Garden Theatre can still happen. Regardless of how we relish the fall season, we can still find so many little ways to enjoy it with family and friends. So, as the weather cools, pumpkin spice lattes come back on the menu at every coffee shop in town, and our minds begin turning toward the holiday season, I hope that all of us can find some peace in knowing that some parts of this wonderful season will never change. – Moses DeWitt

“While large swathes of the rest of the country hunker down and anticipate the latest snowpocalypse, we actually move into some more pleasant weather.”

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THIS MONTH ON THE 'D e W itt L aw R eview '

The “DeWitt Law Review” airs every Sunday at 10 a.m. on WDBO 107.3 FM and 580 AM. It is always our goal to bring the listeners of Central Florida the latest legal news and create a forum where they can ask legal questions anonymously from the comfort of their own home without having to retain an attorney. If you have a legal question, leave a voicemail for us at 407-536-6737. To listen to this month’s episodes or any episode of the “DeWitt Law Review,” you can visit our website at DewittLaw.com, where you can download the podcast from Apple Podcasts or Spotify. We receive many legal questions from our listeners each month, and we wanted to share some of the interesting questions in hopes that you may also benefit from a little legal insight. Q: If I am injured, and the person at fault only has $10,000 in bodily injury insurance, can my own uninsured motorist (UM) insurance cover other things like lost wages, medical bills, and pain and suffering?

A DUTCH MAN’S QUEST TO CHANGE HIS LEGAL AGE WHAT IS AGE BUT A NUMBER?

In 2018, Dutch native Emile Ratelband was 69 years old. The thing was that the motivational speaker and founder of the Ratelband Research Institute didn’t want to be 69. So, he went to a Dutch court and petitioned for the right to change his legal age. His intention was to change the year of birth on his birth certificate — bumping it up by 20 years. As a result, all records would show him as 49.

Why did Ratelband want to change his age?

He told the court he didn’t feel like a man who was going on 70. He said he felt good — he felt like a man 20 years younger. He even said his doctors agreed and that they’d told him he had the body of someone younger. But there was another major reason Ratelband wanted to change his age. He said doing so would increase his overall happiness and would be helpful on dating apps. He would no longer have to deal with the ageism that came with being 69. Ratelband even went as far as to say he would be willing to delay his pension benefits another 20 years if need be. In an interview with Dutch newspaper Algemeen Dagblad, Ratelband said, “When I'm 69, I am limited. If I'm 49, then I can buy a new house, drive a different car. I can take up more work. When I'm on Tinder and it says I'm 69, I don't get an answer. When I'm 49, with the face I have, I will be in a luxurious position.” Interestingly enough, Ratelband’s request wasn’t dismissed outright by the court. The judge found merit in the argument and said that people desire to change things about themselves all the time, adding that maybe age was one of those things we should consider — “maybe” being the operative word. The court ultimately decided that “Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly.” But the judge added that changing his legal documents would have “undesirable legal and societal implications.” The court added “[T]here are a variety of rights and duties related to age, such as the right to vote and the duty to attend school. If Mr. Ratelband's request was allowed, those age requirements would become meaningless.” Today, Ratelband is 71 and continues his battle to change his age. While he may have lost in his initial quest to legally change his age, according to NPR, he intends to appeal the decision.

A: Yes, uninsured or underinsured motorist coverage covers more than just medical bills. If you are injured in an accident, UM coverage essentially steps into the shoes of the at-fault party to provide coverage not only for your medical expenses but also for other damages such as lost wages or pain and suffering. UM coverage is extremely important in Florida, as there is no legal requirement for a driver to have bodily injury coverage. This means that if someone hits you and hurts you, they are not required to have insurance to cover the damage that they cause. This is where your UM coverage would help protect you. Q: My daughter wants to stay with me for an extended period of time, but this conflicts with my parenting plan. Her father is currently in agreement, but I am afraid he may change his mind later and try to hold me in contempt of our parenting plan. What should I do? A: Parents are always welcome to deviate from the parenting plan, if they both agree to the change. However, I always recommend getting the changes in writing through email or text if you are afraid that the other parent may change their mind later. Judges expect parents to work together when timesharing and co-parenting of their children. They also understand that circumstances change, which may require the parties to temporarily (by agreement) modify the parenting plan. However, if you and the other parent have a history of parenting disputes, it may be best to get any modifications in writing to protect yourself if you are ever dragged into court.

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CLIENT SPOTLIGHT

transport her to the hospital. Upon arrival at the hospital, the doctors began emergency surgery and discovered lumbar fractures from L1–L4. Rods were placed along her vertebrae to help stabilize the fracture, and she received several dozen staples. Upon her father’s recommendation, Autumn contacted attorney Moe DeWitt, who was able to obtain the maximum recovery allowed against a government entity pursuant to Florida statutes. Like most accident victims, Autumn wasn’t trying to get rich. She just wanted to ensure that she had enough money to pay her medical bills and move on with her life. The accident that day has undoubtedly changed Autumn’s life forever. Autumn thought something like this could never happen to her but is grateful that Moe DeWitt and his team were able to assist in her time of need.

vehicle Autumn was in was pushed into the vehicle in front of her, essentially sandwiching her between the two vehicles. After the accident, Autumn was in a great deal of pain and unable to move her body. A Medevac air ambulance was called in to

On Dec. 6, 2019, our client, Autumn, and her boyfriend were driving to an auto parts store. While stopped, they were rear-ended by a large truck traveling over 60 mph. The driver was a government employee who admitted to texting while driving at the time of the collision. The impact of the accident was so severe that the

Injured on the go? Just call Moe. JustCallMoe.com.

COVID

BROUGHT TO YOU BY:

BALSAMIC MARINATED FLANK STEAK

The summer isn’t over yet! Get out the grill for this delicious steak dinner.

INGREDIENTS

• 2 garlic cloves, sliced • 1 tbsp fresh rosemary leaves • 1 tbsp dried oregano • 2 tbsp whole-grain mustard • 1/2 cup balsamic vinegar

4. Remove steak from marinade and let excess marinade drip off. Sprinkle the steak lightly with salt and pepper. 5. Light grill and oil grates with olive oil. 6. Grill steak over moderate heat for 10– 12 minutes, turning halfway through, until steak is lightly charred and the internal temperature reaches 125 F. 7. Let the steak rest for 5 minutes. Thinly slice, drizzle reserved sauce, and serve. • 1 cup extra-virgin olive oil, plus more for grilling • 1 3-lb flank steak • Kosher salt, to taste • Freshly ground pepper, to taste

SHOWING

STARRING: Carmen Morales Larry Fulford Ian Aber

DIRECTIONS

1. Combine garlic, rosemary, oregano, mustard, and vinegar in a blender. Purée until garlic is minced. 2. Add oil and continue blending until creamy, then season with salt and pepper to taste. Reserve 1/4 cup. 3. Place steak in a ceramic or glass

Matt Fernandez Sabrina Ambra

Will Blaylock Ross McCoy Jana Shelfer

baking dish and cover steak with the remaining marinade. Turn to coat the other side, cover, and let marinate in the fridge for at least 4 hours.

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Looking Forward to Fall in Florida

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A Man's Quest to Change His Legal Age

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This Month on the 'DeWitt Law Review'

Client Spotlight

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Balsamic Marinated Flank Steak

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The Best Educational Tools to Help Students Succeed

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STUDENT TECH SUCCESS Educational Tools to Improve Digital Learning

Kids these days face so many more distractions from academics than their parents did. It’s not as easy to focus on homework when TikTok, YouTube, and all sorts of video games beckon. Instead of trying to prevent screen time, why not allow students to engage with technology that will help promote their learning rather than distract from it? Here are three tools to help students at different age levels get the most from online learning. BEANSTALK While Beanstalk is an online learning tool, the beauty of it is that the classes and videos aim to pull kids “out of the screen to do real-world physical activities.” These include science experiments, building projects, and more. Experienced teachers provide engaging lessons and learning tools, and many of them are free. EDUHAM What better way to learn about the history of our nation than through one of the

nation’s most popular musicals? “Hamilton” creator Lin-Manuel Miranda launched this learning platform in 2016 along with the show’s director and in partnership with The Gilder Lehrman Institute of American History. EduHam is a free digital program for students and their families that provides history lessons on the Founding Era of the United States. It also brings art into the mix — Miranda shows students how to create their own performance pieces based on primary source documents, which they can then share in the app. The program is geared toward students in sixth through 12th grade, though everyone is welcome to participate. FIVEABLE For high school students, the most looming challenges include the SAT and Advanced Placement (AP) exams that are so important for college. Enter Fiveable, the amazing free resource that houses thousands of livestreams, study guides, trivia games, and

other resources for 15 AP subjects. Started by a former teacher, Fiveable is passionate about giving students the resources they'll need to be successful now and into the future. With so many resources out there, students can use technology in plenty of ways to help them be successful. Here’s to a fall season full of learning!

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