Distasio Law Firm July 2019

Distasio Law Firm July 2019

ISTASIO

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JULY 2019

PERSONAL INJURY LAW

LIFE & THE LAW

(813) 259-0022 | www.distasiofirm.com

WHY WE NEED TO VALUE AND PROTECT IT The American Justice System

I n the Declaration of Independence, created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We all know these words, but we rarely take the time to reckon with their meaning. Despite the irony of these truths being stated by slaveowners or the fact that the Founding Fathers most certainly meant “men” and not “people,” those three rights — life, liberty, and the pursuit of happiness — are as noble today as they ever were. the founding document of our nation, Thomas Jefferson writes, “We hold these truths to be self-evident, that all men are Protecting the rights of Americans is what the American judicial system is all about. Over the years, I’ve had the privilege of traveling to countries around the globe. Traveling is one of my chief passions and a way for me to see how different cultures operate. As an attorney, I can’t help but notice how the social justice system works in these countries. Let me tell you, we are very lucky to have the judicial structure we do. In many places, citizens are not given any rights to stand up for themselves and hold those in power accountable. Before I begin to tell you what makes the American justice system so exceptional, I want to acknowledge that it’s not perfect. There are aspects of the legal process that drive me up the wall. It can be slow, tedious, and wrapped with

enough red tape to cover a house. On balance, though, we have a system that serves its people. While that shouldn’t be remarkable in 2019, it absolutely is. Let’s examine an auto accident case as an example. You’re injured in a car wreck through no fault of your own. Your vehicle is damaged, you’re injured to the point where you can’t work for a few weeks, and you’re stuck with a stack of bills. That’s not fair, so how do you go about seeking restitution? Under the old-school, eye- for-an-eye system, you’d find the person who did it, smash up their vehicle, give ‘em a good beating, and call it vengeance. That approach is, of course, ridiculous and counterproductive. Instead, we mete out justice using the law. The law requires the person who hit your car to have insurance. In theory, that insurance company pays out the full amount of your damages. But the company has a vested interest in denying your claim and will always try to pay you the least amount possible. To combat this tendency, you have the legal right to bring suit for your damages. In doing so, this system gives you a firm sense that the misdeed is being made up for in concrete terms. Additionally, being able to bring suit against insurance companies deters them from behaving poorly in the future. The law and your ability to exercise it are vital to maintaining a civil society that functions for everybody, not just the select few with vast economic and political resources.

It’s important to remember that our legal system itself is subject to the influence of money. We must protect the legal rights of everyday folks, or we will be hopeless to stop massive institutions from acting with impunity. To fail to do so would be an injustice on the grandest scale. It would compromise a pillar of the American experience and leave our nation poorer as a result. That being said, I firmly believe we live in the greatest country on earth and have the best justice system in the world. It’s one of the many great aspects of America that I’ll be celebrating this Fourth of July.

Happy Independence Day, everyone!

“Protecting the rights of Americans is what the American judicial system is all about.”

-ScottDistasio

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(813) 259-0022

Odin Lives Up to His Legendary Name Amid the devastation of the wildfires that tore through California in the fall of 2017, a few heroic tales rose up to give people hope. One such tale was of Odin, a loyal Great Pyrenees guard dog. Along with his sister, Tessa, and eight rescue goats, Odin is part of the Hendel family. a fierce orange sky, and sounds of destruction — urgent warnings from Mother Nature. Gathering everyone as quickly as they could, the Hendels got their human family members and Tessa in the car, but Odin, seated proudly next to the eight goats, refused to get in. Try as they might, the Hendels could not get him to come with them, and there wasn’t enough room in the car for the eight goats. With the firestorm quickly THE GUARDIAN WHO WOULD NOT LEAVE HIS WATCH It was mid-October when the Hendels were awoken by the smell of smoke,

approaching and the risk of losing even more family members increasing with each passing minute, the Hendels made the heart-wrenching decision to leave Odin and the goats behind. The family made it to safety with Tessa in tow, relieved to be together but heartbroken that Odin and the goats weren’t with them. After several agonizing days, it was finally safe enough for them to return home and survey the destruction. What did the Hendels find? Ashes, rubble, their barn and home burned to the ground — and Odin. There he was, still guarding his eight goats and some small deer that had sought shelter with the brave canine. Weakened,

burned, and limping, but nevertheless steadfast, Odin had never left his goats, even as the fire raged around them. Odin wagged his tail as he saw his family, happy to see they were also safe. The Sonoma County Wildlife Rescue and the Goatlandia Animal Sanctuary provided temporary shelter for the goats and pups while the Hendels rebuilt their barn. Odin received all the care he needed, along with a lot of love and treats. Today, Odin and his goats are back with their family, rebuilding their lives after this devastating wildfire. But the Hendels, and anyone who’s heard the story, won’t soon forget the bravery of Odin, the amazing pup.

THE MYTH OF THE INDEPENDENT MEDICAL EXAMINER Why You Should Talk to an Attorney Before an Exam

When you’re injured in an auto accident, you should seek immediate medical attention. Failing to do so within 14 days could cost you your personal injury protection (PIP). Even if you make the prudent move and get treated, you may be asked by the other party’s insurance company to undergo an independent medical exam (IME). While an IME sounds innocuous enough, you should approach it with extreme caution. Given that doctors who perform IMEs are selected and paid by the insurance companies, there’s nothing particularly independent about them. The goal of an IME is to cast doubt on the validity of your medical claims. Insurance companies aren’t asking you to seek medical attention so they can give you more money. Much like anything you say to police after an arrest, anything you say to a so-called

independent medical examiner can and will be used against you. Even if the examiner has no malicious intent, the nature of the system creates a conflict of interest, and it does not work in your favor. As such, you should be on guard when you arrive at the exam. The insurance companies have the legal right to ask for an IME. If and when they do, you should contact an experienced auto accident attorney before acting further. A lawyer can tell you how to approach an IME so as not to unwittingly hurt your claim. An off-handed comment is all it takes for an examiner to dispute the severity of your injury and if it was actually caused by the accident and not another source. The insurance company will use any avenue they can to minimize your claim, and an IME is certainly one of them. If you give them an inch, they’ll take as much money as they can.

Calling these exams and the people who perform them independent is a dangerous misnomer designed to give you a false sense of security regarding their hidden objective. Remember that insurance companies make money by minimizing the value of your claim or outright denying it. So, what do you think their actions — whether they call them independent or not — serve to do? If you are injured in a car accident, call our firm at (813) 259-0022 to speak to an experienced attorney who can help you with every aspect of the claims process.

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PRACTICING PHONE ETIQUETTE

National Cellphone Courtesy Month S ilencing your phone during dinner, a party, or quality time with family is the polite thing to do. During National Cellphone Courtesy Month, it’s a good idea to reexamine cellphone etiquette and discover a few ways you can be more courteous to others. KEEP IT QUIET

PRACTICE SELF-AWARENESS If you receive a call while in public, be aware of the volume of your phone and voice. Move yourself to a less crowded area to speak freely, especially if you know the conversation might get heated. When you take a call, it’s good practice to leave some space between you and others. You don’t want to distract anyone with raised voices or gestures while you’re on your call. POLITELY EXCUSE YOURSELF If you must take a call, answer a text, or send an email, be sure to excuse yourself to the people around you and check your phone in a more private area. Simply saying, “I’m sorry, but I need to take this. I’ll be back in a few minutes,” gives everyone a sense of what’s going on while remaining respectful.

Whenever you find yourself in a place of worship, talking with others, or enjoying an event, silencing your cellphone is the most courteous thing you can do. A phone that is frequently ringing can be distracting for you and those around you. If you’re expecting an important call you don’t want to miss, turn on vibrate mode. STOP CHECKING Don’t continuously glance at your phone during meetings, dinner dates, or any time you’re with others. This action shows your disinterest in what they’re saying and in what’s going on around you. Keeping your phone in your back pocket, in your purse, at your desk, or in your car will help you focus on what’s in front of you.

By following these four tips, you’ll be prepared for the next time you’re on a date, in a business meeting, or watching a movie in a sold-out theater.

Pet of the Month C O N T E S T

WATERMELON CUCUMBER SKEWERS

TO ENTER:

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Go to Facebook.com/DistasioFirm.

INGREDIENTS

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Like our page.

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1 bunch fresh mint leaves

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1 medium-sized watermelon, cubed 2 cucumbers, cut into 1/4-inch rounds

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Post a picture of your pet to our feed (@DistasioFirm) by July 20, 2019.

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Salt, to taste

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1 block feta cheese, cubed

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Check back on our page on July 25 to see the pet of the month winner.

• If your pet is chosen as the pet of the month, please contact our office at (813) 259-0022 to claim your gift card. The winning entry will receive a $25 gift card and will get to see their pet in next month’s newsletter.

EQUIPMENT

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1 packet of bamboo skewers

DIRECTIONS

Inspired by CookingLight.com 1. Assemble skewers by placing one watermelon cube, one cucumber round, one feta cube, and one mint leaf on skewer in that order. Repeat until skewer is full. 2. Lightly season with salt and chill in fridge until right before serving. (813) 259-0022 3

Peeps, owned by Angie Fox

(813) 259-0022 | www.distasiofirm.com LIFE & THE LAW ISTASIO PERSONAL INJURY LAW D

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Inside This Issue

PAGE 1

Life, Liberty … You Know the Rest

PAGE 2

A Tail of Bravery

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A Doctor’s Appointment to Approach With Caution

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4 Tips for Perfect Phone Etiquette

PAGE 3

Meet Our Pet of the Month

PAGE 3

Watermelon Cucumber Skewers

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Healthy Eats at Rawk Star Cafe

Local Business Spotlight: Rawk Star Cafe

HEALTHY EATS AND MORE IN A FRIENDLY ENVIRONMENT

The benefits of eating a largely plant-based diet are well-known. However, finding healthy options is often easier said than done, especially when it comes to quick, casual dining establishments. Here in the Tampa area, Rawk Star Cafe is out to remedy this problem, one location at a time.

Rawk Star Cafe is a restaurant and specialty food store with two locations. Their original site, which opened in 2010, is in Oldsmar, followed by a second in St. Pete. A third site in Tampa is on the way. Their goal is to make plant-based foods easily accessible in a fun, welcoming atmosphere. “We’re half retail marketplace and half kitchen,” says owner-operator Adam Kantrovitz. “On the retail side, we’re selling unique healthy options like organic snacks, nut butters, plant-based supplements, and other specialty products. The kitchen is an organic, vegan, gluten-free restaurant where we strive to create fun plant- based dishes anyone can enjoy.” Among Rawk Star’s most popular items are the sunflower seed burger platter, walnut-based tacos, and zucchini noodles. Kantrovitz developed Rawk Star with

his business partner Karen DiGloria, a registered nurse with a background in oncology and a decades-long vegan. Just as important as the items Rawk Star Cafe offers is the environment you’ll find them in. There’s no holier-than-thou clerk who looks down at those who are just beginning their journey with plant-based foods. Instead, the staff is friendly and happy to share their knowledge with guests. “We are honored to cater to those with dietary restrictions and allergies,” Kantrovitz says, “but Rawk Star Cafe is a place for everyone. Not everyone is going to become a vegan overnight, nor do they have to. What matters is making an effort to increase the number of calories you’re getting from plants. We’re here to help you do that, not shame you about your food choices.”

You don’t have to be a vegetarian to enjoy the dishes being served at Rawk Star Cafe, nor do you need to be wealthy. Their focus on affordable, inviting plant-based dishes is a welcome addition to our local dining scene. Here’s hoping they become as commonplace as Starbucks. You can learn more about Rawk Star Cafe at RawkStarCafe.com and by visiting their two locations: 4011 Tampa Road, Ste. 11 in Oldsmar and 740 Central Ave in St. Petersburg.

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