Distasio Law Firm May 2019

Distasio Law Firm May 2019

ISTASIO

D

MAY 2019

PERSONAL INJURY LAW

LIFE & THE LAW

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

WHY MONEYED INTERESTS WANT YOU TO BELIEVE WE SUE TOO MUCH The Myth of the Frivolous Lawsuit

I ’ve always been amazed at how unseen forces have controlled the nation’s perception about personal injury cases and the lawyers who prosecute them. We have perpetuated a myth about our society being full of people ready to sue at the slightest inconvenience. This false narrative is one that benefits the insurance companies and other large institutions, but it doesn’t serve regular people at all. Let me paint a picture for you of how this works in practice. A person is injured in an auto accident through no fault of their own. When they try to receive a just settlement from the other driver’s insurance company (and sometimes even through their own), they are lowballed. They’re probably not even offered enough to cover their medical expenses, let alone other compensatory damages. Without hiring an attorney, they have no choice but to accept this measly offer. They need the money, after all, and the insurance companies are banking on them needing it enough to forgo their justly deserved level of compensation. Who is the irresponsible party in this situation? Is it the citizen who needs an advocate to get what’s theirs? Or is it the insurance company who refuses

to pay out what they owe, despite that being the very point of insurance in the first place?

I think it’s clear who is acting in bad faith here, but the powers that be would like you to believe it’s the person who’s accountable for their troubles. Every time they can promote a story about a frivolous or zany lawsuit, they hope it will influence your decision not to pursue a case against them. These institutions also lobby Congress with loads of money to ensure their interests are protected. If that protection comes at the expense of these companies’ customers, so be it. Remember, the insurance company worries about its bottom line above all else. They couldn’t give a crap about you as a person. Now, what’s even more frustrating is that there is a kernel of truth to this narrative that allows these interests to fabricate it further. Yes, there are personal injury firms that take on cases that have no right to be in suit. Yes, there are people who are only in it for the money. But they are not the vast majority of personal injury attorneys. When you hear a story about an evil-doing doctor causing harm to his patients, you don’t assume all doctors are morally bankrupt. But when it comes to attorneys, we are all too happy to extrapolate messages about the industry based on the actions of the very worst within it.

Here’s the truth: I would go broke if I took on frivolous cases. I only get paid when a resolution happens in my client’s favor, and I often have to expend resources on the front end to ensure that resolution happens. I get paid and keep my doors open by helping honest folks battle anonymous institutions who are all too happy to take advantage of them. Does that sound frivolous to you? In closing, I want to reiterate that any story people tell to keep you from acting in your own best interest is one worth scrutinizing. Obviously, this particular fable is near and dear to me, but it’s far from the only one we’re told. Remember that the next time somebody tells you that America is a country of lawsuit-crazed money grubbers.

“Yes, there are personal injury firms that take on cases that have no right to be in suit. Yes, there are people who are only in it for the money. But they are not the vast majority of personal injury attorneys.”

-ScottDistasio

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(813) 259-0022

Ridesharing services like Uber and Lyft have grown incredibly popular for good reason. They reduce the number of cars on the road, make getting a ride easy, and help reduce the risk that somebody will get behind the wheel drunk. But these services do come with a risk. When you experience a personal injury while riding in an Uber or Lyft, the case will be different from a normal car accident. employees of the companies, but rather private contractors. This distinction has been a thorny legal issue on both labor rights and personal injury fronts. We won’t discuss the labor stuff here, but you can find plenty of articles about it online. At our firm, however, the way this employment structure affects injury cases is an ever-present concern. There’s been a lot of talk about the fact that Uber and Lyft drivers are not technically Some Ways to Help Children Appreciate Their Teachers LEARNING TO BE GRATEFUL Teacher Appreciation Week runs from May 6–10 this year, and there are plenty of ways students of all ages can thank their educators for everything they do. Being a teacher isn’t an easy job, and the people who make it their profession are passionate about helping kids learn. Depending on how old your child is, they may need a parent’s help in showing their appreciation. Here are a few ways parents and children can appreciate teachers together. This gesture is simple and sweet and can be very thoughtful. Telling a teacher what makes them outstanding can often be just as valuable as a gift. Help your child write an appreciative note and then write one yourself. Teachers often have to maintain the happiness of students, administrators, and parents. Your card could relieve some THANK-YOU NOTES

of the stress of that balancing act and let them know that you acknowledge their efforts.

one of the ways teachers go above and beyond on a daily basis, and buying some extra school supplies can help ease that cost. Take your child shopping with you and help them pick out supplies that you know their teacher will appreciate. Your children spend several hours a day with their teachers, so fostering relationships with them is vital. Use this day to help your children understand the importance of teachers, to teach them the power of gratitude, and to encourage them to show respect for everyone who helps them in life.

A HOMEMADE MEAL

Making a homemade meal (or dessert) shows teachers that you went the extra mile to appreciate their hard work. You could make a favorite dish of yours or try to find a new recipe online. Either way, encourage your child to help you with the process so that the meal is truly a gift from both of you.

DONATING SCHOOL SUPPLIES

Many teachers use their own money to buy school supplies for their classroom. This is just

UBER, LYFT, AND AUTONOMOUS VEHICLES The Present and Future of Ridesharing Cases

In Florida, as in most states, the companies have finally been forced to carry injury insurance for their drivers that cause car crashes. But they play games regarding when the insurance covers and the amount of coverage. Basically, in most states, when the driver is actually carrying a paying customer, the insurance will provide coverage. But there is either limited coverage or no coverage at all if the driver does not have the ride sharing ap engaged. Further, injuries that can occur in an Uber or Lyft aren’t limited to auto accidents. Assaults, harassment, and even kidnapping have occurred in these vehicles. No matter the nature of your case, you need to work with an attorney who understands all the facets and complexities of laws pertaining to ridesharing.

There’s no way the companies can claim the “drivers” of autonomous vehicles are contractors, but they may try to lay fault with the makers of the cars or the technology within them. All of this is to say emerging services and technologies often debut without ironclad laws surrounding what happens when things go awry. Despite the confusion, our legal system allows you to fight for your rights. If you’ve been injured in a ridesharing vehicle, call (813) 259-0022 to learn about your rights and pursue compensation.

In the future, as autonomous vehicles become more widespread, further issues will arise.

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BLACK GOLD FOR YOUR GARDEN SOIL

National Learn About Composting Day!

M ost people have heard of composting one way or another. Your mom might have kept a bin in the backyard for overripe Halloween pumpkins, yard clippings, and egg shells. You might even have a coworker who boasts about the giant compost pile they use to fertilize their garden and lawn.

LEARN ABOUT COMPOSTING DAY The best way to recognize this holiday is to learn as much as you can about composting. When you dive in, you’ll discover you can compost materials you never knew you could, including latex balloons and cardboard egg cartons. Once you do your research, you can start your very own compost by dedicating a part of your backyard to disposing of organic matter or by purchasing a compost bin. This article covers the basics of composting, but there’s still plenty more to learn! Head to your local farmers market or botanical garden and talk to the experts about any questions you have — they’ll be sure to give you some great tips.

Whatever your level of composting knowledge may be, there is always more to learn about this popular and extremely beneficial method for handling organic food waste. Luckily, May 29 is National Learn About Composting Day! This day provides a great opportunity to introduce yourself to and begin the conversation about composting if you haven’t already. Below are just a few answers to your basic composting questions to get you started. WHAT IS COMPOST? Compost is decomposed organic matter, which is especially good for people who have gardens or aspire to live a sustainable lifestyle. People put coffee grounds; vegetable scraps; paper products, including receipts, paper

towels, and tissues; wood chips, leaves, and other types of waste that are not categorized as processed food, meats, or fish products in their compost bin. Compost can stabilize gardening soil, keep the soil from contracting diseases, and help the ground retain moisture. WHY DO WE COMPOST? Besides giving gardens and lawns significant nutrients, composting also reduces landfills. According to the United States EPA, “Food scraps and yard waste together currently make up about 30 percent of what we throw away.” Organic material often takes longer to decompose in a landfill due to being wrapped in plastic. The more organic material that is composted, the quicker it can deteriorate.

Pet of the Month C O N T E S T

CHIPOTLE BLACK BEAN BURGERS

INGREDIENTS

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1 pinch salt

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2 cans black beans, drained and rinsed 1/2 medium onion, roughly chopped

1 tablespoon cornstarch 1 handful fresh cilantro

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TO ENTER:

1 teaspoon Sriracha 1/2 cup gluten-free rolled oats

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3 cloves garlic

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Go to Facebook.com/DistasioFirm.

2 tablespoons chipotle peppers in adobo sauce

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Like our page.

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1–2 tablespoons olive oil

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2 teaspoons cumin

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

DIRECTIONS

Inspired by ArisMenu.com for about 5–7 minutes until bottom is browned and set. Very carefully flip and cook for an additional 4–6 minutes until opposite side is browned and set as well. 4. Serve immediately, or store refrigerated in an airtight container for up to 1 week. (813) 259-0022 3 1. Place half the black beans, onion and garlic in your food processor. Blend for 20–30 seconds until combined. Add chipotle, cumin, salt, cornstarch, cilantro, and Sriracha. Blend for another 10–20 seconds. 2. Transfer to a large mixing bowl. Stir in oats and remaining black beans. 3. Heat olive oil in a large skillet over medium heat. Form mixture into patties and carefully transfer to skillet. Cook

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Check back on our page on May 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 get to see their pet in next month’s newsletter.

Chicken Wicken, owned by Nancy Pope

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

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Inside This Issue

PAGE 1

The Narrative They Want You to Believe

PAGE 2

Teacher Appreciation Week Is Here!

PAGE 2

Why Ridesharing Cases Require Special Attention

PAGE 3

Black Gold

PAGE 3

Meet Our Pets of the Month

PAGE 3

Chipotle Black Bean Burgers

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Superstars From Our City

Tampa’s Favorite Sons & Daughters

PEOPLE FROM OUR CITY WHO DID BIG THINGS

Let’s face it, Tampa is never going to have the prestige of New York or Los Angeles, but who cares? If you’re from here, you already know all this place has to offer. If you’re not, you probably overlook how many Tampa natives have had a massive influence on American culture. Here are just a few of the many Big Guava natives who’ve left their mark.

CANNONBALL ADDERLEY

Kansas City Athletics. While his time in the field was marred by injuries and largely unremarkable, La Russa went on to become one of the most storied managers in baseball history. He won three World Series titles, including one during his final year in the dugout, and is a member of the Baseball Hall of Fame. Paulson only lived in South Tampa until age five, when her parents divorced and she relocated to Maine. Even still, she always refers to Tampa as her hometown and spent her summers there throughout her childhood. She’s had a successful acting career for years but really rose to prominence with her performance as Marcia SARAH PAULSON

You couldn’t write a comprehensive history of jazz without including Julian “Cannonball” Adderly. This Tampa native, as well as his brother Nat, played a pivotal role in the evolution of music during the ‘50s and ‘60s. Cannonball, who looked every bit his nickname, served as a longtime saxophonist for Miles Davis. He is best known for his 1958 album “Somethin’ Else,” which features the sublime “Autumn Leaves.”

Clark in “American Crime Story: The People v. O.J. Simpson,” for which she won both an Emmy and a Golden Globe. Of course, these are just a few of the many Tampa natives who’ve left their mark on arts and culture. Have a favorite that wasn’t included on this list? Be sure to tell us on our Facebook page (@DisasioFirm).

TONY LA RUSSA

A Jefferson High School grad, Tony La Russa spent his entire childhood in the Tampa area. He left in 1962 to begin his playing career with the

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