Harmonson Law Firm - November 2020

Harmonson Law Firm - November 2020

NOVEMBER 2020

HARMONSON HEADLINES

YOUR GUIDE TO PERSONAL INJURY IN THE BORDERLAND

Giving Thanks in a CHALLENGING YEAR

What Are You Grateful for in 2020?

I t’s been a tough year for dealt with the changes to our routines, and had to cancel vacations. Many things we looked forward to as a family simply didn’t happen this year. But despite everything that has happened this year, there are still many things to be thankful for. I’m certainly thankful for my family’s health and safety. No one in our family has had COVID-19. While one of my clients did contract the virus, they are thankfully on the mend. everybody. We’ve all had to adapt to changing circumstances, never knowing what the next month might bring. Our family has adapted, as well. In recent months, we’ve struggled with online school, Speaking of family, our family has had a few notable accomplishments this year. Winn turned 2 in October. It’s wonderful seeing him grow up, even though it may seem as though he’s growing up too fast. Before we know it, he’ll be driving. That’s exactly where our oldest son, Clayton, is at. He started high school this year, and he’s old enough for his learner’s permit. He took all of his classes for the permit, but when it came time to

actually get the permit, we ran into a little snag. In El Paso, we found that we couldn’t get an appointment with the Texas Department of Public Safety (DPS) until well into 2021. So, we did some digging and found an opening at the Pecos DPS office. We drove all the way out there and got Clayton his permit. Our daughter, Claire, started seventh grade. She’s been plenty busy because she’s participating in orchestra. In many ways, life has continued as normal. There may have been many changes this year, but the kids can still be kids and they get to do what they love, with a few changes here and there. As we get toward the end of the year, I’m thankful that we are seeing some return to normal. We don’t feel as “stuck” in place as we once did earlier in the year, and there are more things to look forward to. Along those lines, when the pandemic started, Sheri and I had to change plans to run a half- marathon in Albuquerque. After that was canceled, we decided to do a race on our own in El Paso. As of this writing, we’re planning on running another half-marathon in mid-December (the perfect time to work off a little bit of that holiday weight!).

"Thank you for sticking with us this rollercoaster of a year. We hope you will have a wonderful Thanksgiving."

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915.584.8777 • 1

Last month, we featured an article on uninsured/underinsured motorist (UM/UIM) insurance. Because it can be a complicated topic, we want to dive into it further and talk about other options that exist outside of these UM/UIM insurance policies. Texas has an insurance statute that allows you to sue your own insurance company when it acts in bad faith by failing to promptly pay a valid claim. However, the Texas Supreme Court has severely limited the recourse you have against your own insurance company when they fail to pay your UM/UIM claim, making this statute very unfavorable for injured victims. Consider the case of Brainard versus Trinity Universal Ins. Co. In this case, the Texas Supreme Court held, “an insurer in Texas has no contractual duty to pay benefits [on a UM/UIM claim] until the insured obtains a judgment establishing the liability and underinsured status of the other motorist.” This ruling has turned traditional bad faith law on its head and left Texas UM/UIM insurance policies in a confused state. A good personal injury lawyer can help you navigate a UM/UIM claim in light of the Texas Supreme Court precedent. FURTHER PROTEC AGAINST UNINSU

Getting your day started with coffee isn't always enough. Sometimes, you need to give yourself an extra boost, especially when you have little energy or trouble focusing. For an awesome start to your day, here are five tips to get you going right off the bat. Wake up 5 minutes early. What’s the power of five minutes? It can be more than you think. Spend this time doing simple breathing exercises or a quick meditation so you can get focused for the rest of the day. If that’s not your style, you can prepare a quick to-do list for your day ahead. Either way, it’s always nice to have a little extra time for yourself without losing too much sleep. Start with green tea, then coffee. A cup of coffee at 7 a.m. can leave you burned out by 10 a.m. Try swapping it with green tea for a more gentle wake-up call. After that, you can brew your favorite coffee to keep you going strong. This practice also might help you consume less caffeine overall! Take a quick morning walk — and have your meetings on the go. Morning meetings can make us want to fall asleep again. Don’t spend all of them sitting down if you don’t have to! Not only will morning walks help you wake up, but they can also add some extra physical activity to your day. Write in your journal. Who says you have to journal at the end of the day when you’re tired and ready to sleep? You can journal in the morning about what happened yesterday and the things you’re looking forward to that day. Journaling can remind you of your daily goals and motivate you to stick to your commitments. Pack your lunch (or snacks!). Staying on track with your goals starts with having the energy to do them. Plan a healthy balance of fats, vegetables, carbohydrates, and proteins. This can be as simple as assembling dips, carrots, wraps, and salads each morning.

However, UM/UIM insurance is not your only option. There are other potential resources you have at your disposal if you are involved in a hit-and-run accident or an accident with an uninsured driver. What the Insurance Companies DON’T Want You to Know About YOUR RIG

Claims was written to s with vital information 8-wheeler, work vehicle es to bear in mind that up premiums for their e amount that they are E ONE GOAL— HAREHOLDERS.

Injured in a Car Accident? The Insurance Company Is NOT Your Friend.

Written by experienced car accident attorney S. Clark Harmonson, this is a valuable resource with the vital facts you need before talking to the insurance company or hiring a lawyer. In this book, you’ll learn everything insurance companies don’t want you to know, such as: • 12 shady auto insurance company tactics • 10 common myths and

g e e e e d es ly

It’s time to try these tactics to jump-start your day!

misconceptions about your car accident claim How we hold negligent drivers accountable

“I wrote this book to help you cut through all the confusion surrounding your accident.”

•

WITH: 12 Dirty Tricks the Insurance Adjuster Will Use to Wreck Your Claim

• What you need to do immediately after an accident • Top five worst auto insurance companies in Texas

Get your free copy at ClarkHarmonsonAttorney.com or by calling our office at 915.584.8777 .

AR ACCIDENT… ET THIS RIGHT!

2 • www.ClarkHarmonsonAttorney.com

CT YOURSELF URED DRIVERS

DON’T BE A TURKEY

PIP (Personal Injury Protection)

PIP is no-fault insurance and will cover you regardless of whether you or the other driver was at-fault for the accident. In Texas, there is a mandatory $2,500 PIP requirement which can only be waived in writing. In Texas, most PIP claims cover up to $2,500 in medical bills, lost wages (up to 80%), and certain household duties that can no longer be performed on account of your injury. Many insurance companies also offer up to $10,000 or more in PIP coverage, but this must be requested.

If You’re Tired, Don’t Get Behind the Wheel

Medical Payments (Med Pay)

There’s nothing like a belly full of turkey, mashed potatoes, and stuffing to put us to sleep. But if you feel like you need to put your head down for some quick shut-eye, do it before getting behind the wheel. Many Americans report feeling tired throughout Thanksgiving Day. It can be a busy day, so that feeling of sleepiness while driving might seem perfectly normal. However, drowsy driving is incredibly dangerous and is believed to account for as many as 30% of traffic accidents. Research by the National Sleep Foundation states that drowsy driving can be as dangerous as driving while inebriated. After being awake for 18 hours, drivers exhibit the same responses as those who had a blood alcohol level of 0.05%. When they were awake for 24 hours, it was similar to having a blood alcohol level of 0.10%. For context, a blood alcohol level of 0.08% is considered drunk.

Med Pay provides coverage regardless of fault in an accident. It is important to remember that Med Pay only covers medical bills. Med Pay is offered in Texas but not mandatory.

If you have questions about any of this, don’t hesitate to call us at 915.584.8777. We’re here to not only help you get the compensation you deserve after a car accident, but also help you navigate the fine print of your insurance policy.

GHTS

If you experience any of the following while driving, it’s a good sign that it’s time to pull over:

... CONTINUED FROM COVER

• Trouble focusing • Heavy eyelids

As someone who likes to run, it’s been a little hard to keep up on that, but I’ve found other ways to get out and get moving. Golf is a good example. Before I started my law firm about seven years ago, I used to golf fairly frequently. Over the past seven years, I’ve golfed less than 10 times — until recently, anyway. During the pandemic, I decided to take it up again. It’s helped me to get outside more as well as helping improve my mood. When I’m outside and moving, I can clear my thoughts. It gives me something different to focus on. Finally, I’m thankful for our clients and our team. Our clients have been patient with us every step of the way. They’ve been understanding as we’ve worked to adapt while still giving them the highest level of service we’ve always strived to deliver. And our team has done an exceptional job delivering that service. Over the past several months, we’ve delivered some phenomenal results for clients, and I’m so proud of them.

• Constant yawning • Bobbing your head • Drifting from your lane • Missing an exit • Being unable to remember the last stretch of road

When sleep starts to set in, many drivers roll down the window to get a blast of air or turn up the radio extra loud. Unfortunately, these tactics only startle a driver back into alertness for a short period of time, so it’s best to take a few precautions to make sure you and your passengers get home safely. If you feel drowsy while driving, the National Sleep Foundation recommends safely pulling over to take a short nap. Alternatively, drinking a cup of caffeinated coffee, or, if possible, switching drivers can also help. The best ways to prevent drowsy driving are getting enough sleep, avoiding driving when you would typically be in bed, and making sure you don’t have an undiagnosed sleep disorder, which is something not many people consider!

So, thank you for sticking with us this roller coaster of a year. We hope you will have a wonderful Thanksgiving.

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5505 North Mesa St. Suite 3 • El Paso, TX 79912 WWW.CLARKHARMONSONATTORNEY.COM 915.584.8777

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Through Thick and Thin, There Is a Lot to Be Thankful For

Top 5 Healthy Life Hacks to Have an Awesome Morning

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Uninsured Motorist Protection Isn’t Foolproof

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Turkey Dinner and Driving: A Dangerous Combination?

Is ‘Glamping’ the Perfect Winter Getaway?

Cabin Fever has Never Been so Stylish Is ‘Glamping’ the Perfect Winter Getaway?

When COVID-19 struck the U.S., travel restrictions had people canceling their vacation plans left and right. This meant that many would-be vacationers had to find some getaways a little closer to home — namely, camping trips and their fancier cousin, glamping trips. If you haven’t heard of “glamping” before, it’s essentially glamorous camping. You have access to the beautiful, rugged outdoors as well as all the comforts of home. While traditional winter camping certainly wouldn’t be a relaxing getaway for most people, glamping during the winter months can give you access to the peace of the outdoors like you’ve never experienced before without so much as a shiver or sniffle. If you’ve decided to make glamping your go-to method of escape from the cabin fever that besets us all during the cold, dark winter days, you might be thinking: How can I make sure I have the best glamping experience possible? Luckily, there are a few tips and tricks you can apply to any glamping location to ensure that your time away from home is just as relaxing as that Caribbean cruise would have been. Step 1: Decide which kind of lodging you want. Glamping shelters come in all shapes and sizes depending on the level of comfort you desire on your trip. The most rugged glamping lodgings

usually still include a wood-burning stove and a nice comfy bed, whether you opt for a log cabin or a specialized glamping tent (sometimes called a yurt). However, some of the more posh options include amenities like fresh linens, private bathrooms and showers, fully stocked kitchenettes, and even TVs. Step 2: Decide how you want to spend your time. Obviously, the point of glamping is to spend time in the great outdoors with winter activities, such as snowshoeing, snowmobiling, and other fun snow activities. However, glamping really shines during the frigid evenings. You can retreat indoors, throw some logs in the stove, prepare some hot cocoa or cider, and just watch the snowfall from your window. There’s no right or wrong way to glamp. All that matters is spending time in the wilderness with all the comforts of home — all while feeling refreshed and at peace.

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