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Emery Law Office - March 2022

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MARCH 2022

THINK TWICE BEFORE YOU POST! 1 FACEBOOK UPDATE COULD RUIN YOUR LEGAL CASE

FINDING GRATITUDE IN UNEXPECTED PLA

This is a little embarrassing, but I’ll admit it: I only made a Facebook account to show my daughters someone’s awful wedding dress. I try not to judge people, but it didn’t take a fashionista to see that this dress was terrible. The bride had chosen a style that hid all of her best features and highlighted all of her bad ones! I went to the wedding in 2008 as a friend of the groom and told my girls all about the dress afterward.

they’re doing. I’m also in a few lawyer groups and a church group on Facebook. It’s nice to be able to share legal stories and best practices there while also keeping up on when the church talent show is. One thing I always hope I don’t see when I open my app is a post about a car crash. Of course I don’t want my friends and family to get into collisions, but I also don’t want them to accidentally ruin their cases by posting on social media. That happens all the time — it’s easier to do than you think! Imagine you’re in a car wreck on a Sunday morning. Several of your friends drive by the crash on their way to church and see you with the police on the side of the road. When you get home, you post on Facebook, “I was in a car crash this morning. Thank goodness everyone is okay!” At face value this seems like a great way to let your community know not to worry about you, but if you wake up the next morning feeling less than okay, that post can come back to bite you. Even if your Facebook account is private, the other side’s lawyer will be able to access it with a subpoena during litigation and show your entire feed to the jury. That nice post you made will actually make your injuries and medical bills

look inconsistent. You could even lose out on a settlement.

So, what should you do if you’re in a car wreck? After getting medical attention and calling a lawyer, you should call your friends and family to let them know you’re okay. Don’t text — texts are discoverable, too! Make an old-fashioned phone call and let them hear your voice. It’s also smart to set your social media accounts to private if you haven’t already. It won’t help you in court, but it can help you in a lot of other ways. My team has used public Facebook accounts to hunt down defendants and find clients who disappear on us. Ultimately the less information you put out there about yourself, the better. Stick to a few Snapchat photos with silly filters and big life updates that only your close friends and family can see. This could save your legal case and save you from wedding dress snoopers like me.

“Are there any pictures?” they asked. After my description, they really wanted to see it.

I knew the professional photos from the wedding wouldn’t be ready for weeks, but I had a hunch friends and family would have already posted all over social media. “I think I know a way to find some,” I told Jessica and Kate. Then, I made a Facebook account — and it worked! They took a good look at the dress and I pointed out what not to wear at their own weddings. These days, I have Facebook, Instagram, and Snapchat (seriously — my kids stole my phone and downloaded it for me on a road trip), but I don’t post very often. I mostly use the platforms to look at my friends’ photos and stay up to date on what

Good luck, and happy posting,

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IT’S MORE THAN JUST TIDYING UP

4 Health Benefits of Spring-Cleaning

Sunday, March 20, is the first day of spring — which means it’s time for some spring-cleaning. Did you know that cleaning is not just about tidying up a physical space? It’s also about improving overall well-being. Here's how organization and cleanliness can help you in more ways than you might expect. Spring-cleaning reduces stress and depression. Tidiness and mental health are actually connected. Studies have found that having a clean home is directly correlated to happiness and your ability to focus. Anxiety can spike when laundry is piling up, items are strewn everywhere, and papers get scattered on various surfaces within the home.

Clearing the clutter is a great way to boost your mood and increase those feel-good hormones. It prevents illnesses. Doorknobs, refrigerator handles, light switches, countertops, and remote controls are all things we touch many times a day. Cleaning anything that’s used often is one way to reduce the spread of germs. By keeping household surfaces clean, we help thwart the spread of viruses and illnesses. Spring-cleaning helps you breathe better. Spring often brings pollen that triggers allergies for many. But pollen isn't the only thing to blame when people have difficulty breathing. When

dust and pet dander build up in your home, your respiratory system is greatly affected too. Deep-cleaning your air filters and vents can make breathing effortless — and it’s truly amazing how this can improve your well-being. It keeps you more active. Off the couch and on your feet! Even just running the vacuum and clearing the clutter from the dining room table will get you up and moving, which is healthy for your heart and body. This spring season, putting some elbow grease into your cleaning will benefit you in more ways than one. Trust me, you’ll thank yourself later!

THE WILD STORY OF YOUSIF V. STATE FARM FACEBOOK KILLED HIS CAR CRASH CASE!

Back in 2015, a teenager named Mario Yousif made a series of Facebook mistakes that changed the way car crash cases are litigated forever. It sounds crazy, but his posts could end up costing you thousands of dollars if you’re not careful!

Here’s what happened: On May 5, 2015, Mario was riding as a passenger in his mother's car when another driver slammed into them. Eventually, Mario and his family took the other driver’s insurance company, State Farm, to court. They hoped State Farm would award them a settlement. As part of the Yousif family’s argument for insurance money, Mario claimed he had badly injured his head, neck, and lower back in the accident — even though he didn’t report the injury to the police at the time. According to case documents published on CaseText.com, he told the lawyers at his deposition that he was still in pain “most of the day” a year after the accident. He also said that he could only walk short distances, couldn’t exercise, and was entirely dependent on his mother for everything from shaving to using the bathroom. This was a really convincing argument … until State Farm’s lawyers looked at Mario’s Facebook page. According to the case documents, Mario

posted regularly after the accident, and even though he was supposed to be “essentially bedridden,” he didn’t look disabled at all. “His Facebook postings show him at graduation in a cap and gown, standing and posing with family members and classmates [right after the accident]. In June and July, 2015, plaintiff posted numerous pictures of himself socializing with friends at restaurants, including a video in which he is able to turn around quickly to take a french fry from someone's plate. In July, 2015, he posted a ‘selfie’ of his abs, noting that he needed to work out and refrain from eating Taco Bell,” the documents read. The posts also showed Mario on vacation — driving and hiking. The Facebook posts were all the proof State Farm needed to win the case. Yousif v. State Farm Mut. Auto. Ins. Co. helped set the precedent that social media posts can make or break car crash cases. For tips on how to avoid flushing your settlement away like Mario, turn to Pg. 1.

2 | call or text ( 502 ) 77 1 - 1LAW ( 1529)

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BARKS FROM BELLA I’M A SOCIAL MEDIA SUPER-FLOOF!

HAVE A LAUGH!

Have you ever heard of a thing called Instagram? My sister Jessica got me on it, and now I’m social media famous — at least, that’s what she says! When Jessica was home for Christmas, we took LOTS of photos for my Instagram account. Our brother Zach followed us all over the house and yard because Mom was too busy. Jessica told him exactly where to stand and how to angle her phone camera. Then, she scratched behind my ears, hugged me, fed me treats, and told me I was pretty. I felt like a Purina model!

EASY MARCH MADNESS CHILI Cheer on your favorite team and chow down in minutes with this easy chili recipe! INGREDIENTS Inspired by MyRecipes.com

Jessica says that if enough people see my pictures someday, I might get “sponsored,” which means toys and treats will come to my house from all over the country. All I have to do is play and eat in front of the camera. I’ll take that deal any day! Jessica lives far away, so I only get to be a Purina model sometimes. She says I’m still “Insta-famous” when she’s not here, though, because Mom sends her pictures of me all the time. I try to look extra fierce for the camera when I’m hunting moles, just in case that’s the photo that makes me a pupfluencer. For Christmas, Mom got me a sweater that says “The Boss” on the back. It’s so warm, cozy, and cute that I think I’ll be a social media super-floof for sure when people see me in it. I can’t wait until Jessica comes back so we can take a picture together.

• • • •

2 lbs ground beef 2 tbsp chili powder

• • •

2 16-oz cans diced tomatoes 2 16-oz cans small red beans 2 8-oz cans tomato sauce

1 tbsp Creole seasoning

1 tsp ground cumin

DIRECTIONS

WE WANT YOU TO THINK OF US AS YOUR LAW FIRM. If you have a legal matter that needs attention, let us know. If we can’t handle the matter, we will refer you to a firm that can. Please feel free to refer us to your friends and family for their legal needs. We welcome the opportunity to help. 1. In a deep pot, brown beef, stirring often. 2. Once beef is cooked, add chili powder, Creole seasoning, and cumin, cooking for 1 minute. 3. Stir in diced tomatoes, beans, and tomato sauce and bring the mixture to a boil. 4. After the mixture boils, reduce the heat to low and let chili simmer for 15 minutes. 5. Serve with toppings of choice, like cheese, sour cream, or chives.

If you’re on Instagram too, you should be my friend! You can find me at @lifeofbella6, but since I’m famous, maybe you already knew that.

See you on the 'gram!

P.S. — There’s one thing I don’t understand about Instagram: When Jessica posts about me, she says she’s my Mom. I can’t have two Moms, can I? Maybe Jessica is just my social media mom and my real-life sister. I think that sounds about right! -Bella

call or text ( 502 ) 77 1 - 1LAW ( 1529)

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

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INSIDE

1 FACEBOOK UPDATE COULD RUIN YOUR LEGAL CASE 1

GET HEALTHY WHILE SPRING-CLEANING!

HOW SOCIAL MEDIA CAN KILL YOUR CASE 2

BELLA GOES VIRAL (ISH)

EASY MARCH MADNESS CHILI 3

THE DEFINITIVE WAY TO LOAD THE DISHWASHER 4

DO YOU KNOWHOW TO LOAD THE DISHWASHER? AN EXPERT-APPROVED GUIDE

Step 2: Start at the top. According to Consumer Reports, certain items belong on the top rack of your dishwasher: cups, glasses, small plastic containers,

you are adding tall items, like serving dishes and cutting boards, ensure these are off to the side so the water and detergent can spread easily. Step 4: Win the gold in silverware stacking.

Every marriage has its weak point, and it often starts at the dishwasher. So, what if there was a definitive, expert-approved method to the madness? This March, we are ending the debate once and for all: Here’s our Consumer Reports- approved guide to dishwasher loading. Step 1: Get to know your dishwasher. How you load your dishwasher may not matter so much as the layout of your appliance. For instance, a large lasagna dish needs to fit where it doesn’t block the detergent dispenser. When the door to the washer closes, you don’t want this tall dish to prevent the spread of the detergent. Furthermore, understanding how much can fit in your dishwasher before it becomes overloaded is key to filling it to optimize how well it washes everything. Trial and error is usually how you discover this.

and small bowls. However, be mindful of overcrowding. Detergent and water have a longer travel time to this section of your dishwasher, so if it’s overcrowded, items may not get cleaned. Step 3: Move to the bottom. Plates, larger serving bowls, casserole dishes, and cutting boards should go on the bottom rack. However, if anything melts or warps easily — like plastic containers — it should not go on the bottom rack. Items on the bottom rack get the most pressure and heat from your dishwasher, making them more susceptible to damage. If

This might cause some debates, but this is the prize-winning formula: Silverware handles go inside the basket, and the head should face upward. Knives should be added handles up, but knives used for slicing, chopping, and cooking — not butter knives — should be hand-washed to avoid dulling. Don’t believe us? Check out ConsumerReports. org for more helpful information. And remember, all that matters is that the dishes get clean — not who was right.

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