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Law Office Daniel J Miller - April 2021

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INYOUR DEFENSE

APRIL 2021

757.852.3000 | LegalDefense.com

I am a stress ball. Being stressed about things is my default setting. Ever since I started practicing law, I’ve had to actively work at not letting things get to me. While that might sound bad, I have to say, it’s not always bad. I think my stress is sometimes what drives me to work a little harder at certain projects. I’m anxious to get them off my plate so I won’t have to worry about them anymore. However, I know I can’t live my life in stress. That’s just not healthy, and it’s definitely not fun — if you’re a ball of stress like me, then you know what I’m talking about. Being worried and anxious all the time leaves you drained and unable to get anything done. For much of my life, before becoming a lawyer, I wasn’t stressed out all the time. I was a pretty mellow person. My work and my propensity to overwork myself (at least initially in my career) are ultimately what led me to become more stressed. When you’re a lawyer, sometimes your weeks are just overwhelmed with paperwork, counseling clients, and appearing in court trials. Before I had kids, I would spend all my time working, leaving little to spare for other pursuits. Even at that point, I knew that working at that rate was going to affect my health and ability to focus. After I had kids, however, I knew if I wanted to take care of my family right and still do my job, I would need a change. Ultimately, what helps me keep the stress at bay is having a good work-life balance. Since it won’t happen on its own, I have to purposefully schedule time to not work and do other things. Fortunately, I have people on my team who assist with my calendar and research and draft court orders for me, which helps me live a life that isn’t just all work and no play. Of course, if I work hard (which I do), I also play hard to balance it out. Exercise is one of the best ways I know to relieve stress, so I regularly work out, and I’m an avid runner. Along with keeping up with a fitness routine, I also find time to get back to my love of music. If you’ve read some of my previous newsletters, you’ll know that before I became a lawyer, I was a drummer in a rock band for several years. I still love PLAYING AS HARD AS I WORK How I Manage My Stress:

playing the drums, so I have a gig where I play once a week with a band of guys I’ve known for years. Nothing relieves stress quite like smashing some cymbals and snares after a long work week! What you do to relieve stress might look different, but the important thing is to find time for activities that help you relax. There will always be more work to do, but that’s no reason to work nonstop. If you want to keep your stress levels low, take it from me: The key isn’t endless hours in the office — it’s purposefully balancing your work with time when you don’t have to care about any of it. – Daniel J. Miller

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4 TEAMS TO WATCH THIS BASEBALL SEASON D on ’ t C ount T hem O ut

If you look outside your window right now, you’ll see the words “easy to fool” have been written in the sky. Did you look? If so, April fool! If not, we’ll get you next time, just you wait. The above is an example of a safe and fun, albeit very silly, April Fools’ Day prank. Unfortunately, not every April Fools’ Day prank — or prank played any other time of the year for that matter — is nearly as harmless. In fact, every year, thousands of people are seriously injured and even die from pranks gone wrong. So, if you’re planning on getting a chuckle at someone else’s expense this April Fools’ Day or some other time, here are a few guidelines to follow to ensure no one gets hurt. DON’T PRANK PEOPLE WHILE THEY’RE DRIVING. Driving is dangerous enough without someone adding or changing something about another person’s car. Pranks that come to fruition while someone is on the road can lead to accidents in which several people could be hurt or killed. BE CAREFUL WITH WATER USAGE. Pranks that involve water can make certain surfaces slippery, leading to slips and falls, which in turn can lead to sometimes serious FROM TURNING INTO PI LAWSUITS H ow to K eep Y our A pril F ools ’ D ay P ranks This is no joke: The 2021 Major League Baseball (MLB) season will begin on April 1. While you may wonder whether the Los Angeles Dodgers can repeat as champs or if the Tampa Bay Rays can exact their revenge, don’t count these four teams out just yet. MINNESOTA TWINS You don’t make it to the playoffs with the best record in all of baseball and not make it into some kind of list. The Twins are going to be a fun team to watch because they have a chip on their shoulders. While the team managed to score 269 runs in just 60 games, they also lost their record-breaking 18th straight playoff game in 2020. If they can get consistent pitching, from starters and relievers, they will be in the hunt at the end of September. DETROIT TIGERS There is a benefit to repeatedly being near the bottom of the league: You get good draft picks. The Tigers are on the cusp of finding that special blend of offense and defense in the coming season thanks to some much-needed depth by up-and-coming pitchers and first-round draft picks — so much so that Jonathan Mayo of MLB.com has them as the top team that missed the playoffs in 2020 who could make a solid run.

ST. LOUIS CARDINALS The award for best offseason ought to go to the Cardinals, who, all winter long, appear to have outwitted their Milwaukee and Chicago rivals — the Brewers and Cubs were the top two teams in the National League Central last year — by acquiring third baseman Nolan Arenado and re-signing Adam Wainwright and Yadier Molina. The Cardinals are favored to win the Central if those off-season moves pay off. SAN DIEGO PADRES After acquiring Manny Machado in a big trade in 2019, the Padres have continued to improve, especially against difficult opponents. The Padres were a tough team last year, defeating the Cardinals in the wild card round and losing to the eventual World Series champions, the Los Angeles Dodgers. Expect them to be near the top of the standings in September.

injuries. So, if your prank involves water, just make sure there’s no way one slip can lead to nasty consequences.

DON’T INCORPORATE DANGEROUS OBJECTS. Pranks that involve scissors, knives, electrical devices, and substances that are harmful when ingested incorrectly all increase the risk of your prank resulting in an injury, especially since the victim has no idea they’re walking into a prank. DON’T SET UP SHOP NEAR PRECARIOUS EDGES OR STAIRS. Much like vehicles, heights already increase a person’s risk of injury without having to suddenly account for someone’s prank. Pranks that occur in precarious spots can lead to falls, which can cause serious injuries and deaths. If you become the victim of a prank gone wrong this year, and you find yourself fighting for just compensation with the insurance providers, give the Law Offices of Daniel J. Miller a call at 757.517.2942 to set up an appointment.

2 LEGALDEFENSE.COM

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The ‘One Bite’ Rule

HOW DOG BITE CASES ARE HANDLED IN VIRGINIA

While we want for all dogs to be good boys and girls and know how to behave around strangers, that’s sadly not always the case. According to the American Veterinary Medical Association, dogs bite over 4.5 million people every year, and 800,000 receive medical attention for those bites. Many states have dog bite statutes in place — but not Virginia. Instead, dog bite cases are handled in accordance with previous court cases. Our state essentially follows the “One Bite” rule, which ensures a dog’s owner is held liable for injuries if they either knew or should have known their dog could be aggressive toward people or other pets. When it comes to proving owner liability in a dog bite case, you have to establish that they were negligent in their responsibilities to restrain their dog. For example, negligence can be proven if the owner let their dog off the leash in a public area and it attacked you. Since most cities have ordinances that require dogs to be leashed at all times, you could sue the owners for that violation and your injuries.

1. Class 2 misdemeanor: if the dog attacks, injures, or kills another person’s dog or cat

2. Class 1 misdemeanor: if the dog attacks or bites a human and causes and injury

3. Class 6 felony: if the owner shows reckless disregard for human life that causes the dog to injure another person

While dog owners who neglect to control their animals may face criminal charges, you can still file a civil suit against them — and the Law Offices of Daniel J. Miller can help you file that claim. Call our office or reach out to us online through LegalDefense.com for a free legal consultation.

In Virginia, a dog owner could face three different penalties if they neglect their responsibility to restrain their dog in public:

SUDOKU

RHUBARBOATBARS

Inspired by TasteOfHome.com

INGREDIENTS

• 1 1/2 cups fresh rhubarb, chopped • 1 cup packed brown sugar, divided

• 3/4 cup all-purpose flour • 1/2 cup sweetened shredded coconut • 1/2 tsp salt • 1/3 cup butter, melted

• 1 tsp fresh lemon juice • 4 tbsp water, divided • 4 tsp cornstarch • 1 cup old-fashioned oats

DIRECTIONS

1. Preheat oven to 350 F and grease an 8-inch square baking dish. 2. In a medium saucepan, bring rhubarb, 1/2 cup brown sugar, lemon juice, and 3 tbsp water to a boil. 3. Reduce heat to medium and cook until rhubarb is tender (about 5 minutes). 4. In a small bowl, combine cornstarch and remaining water, stirring until smooth. 5. Gradually add to the rhubarb mixture, return to a boil, and cook until thickened. Remove from heat and set aside. 6. In a large bowl, combine oats, flour, coconut, salt, and remaining brown sugar. Stir in butter until mixture is crumbly. 7. Press half of the oat mixture into the prepared baking dish, spread rhubarb mixture on top, then sprinkle with remaining oat mixture. 8. Bake 25–30 minutes until golden brown. Cool completely before enjoying!

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4768 Euclid Rd. Suite 104 Virginia Beach, VA 23462 757.852.3000 | LegalDefense.com

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

HOW I MANAGE MY STRESS PAGE 1 4 MLB TEAMS POISED FOR A GREAT SEASON DON’T LET YOUR PRANKS TURN INTO LAWSUITS PAGE 2 WHAT IS THE ‘ONE BITE’ RULE? RHUBARB OAT BARS PAGE 3 GET IN SHAPE FOR YOUR NEXT BACKPACKING TRIP PAGE 4 INSIDETHIS ISSUE

GET INSHAPEFORYOUR NEXTBACKPACKINGTRIP

Backpacking in the mountains puts a fun twist on the standard campout. By packing all your gear miles from the nearest roads, you can leave the whole world behind and just exist in nature. That said, backpacking can also put a lot of strain on your body — unless you properly prepare for it. Peak backpacking season isn’t too far away, but it could take a couple of months to physically prepare for your next big trip. So, now is the perfect time to start working toward some of the following fitness goals: INCREASE MUSCLE STRENGTH AND ENDURANCE Your leg and core muscles, as well as your shoulders and lower back (to a lesser extent), will do most of the heavy lifting when you’re hauling a 30–50-pound pack up a trail. With that in mind, you should devote two nonconsecutive days each week to strengthening these muscle groups. A few good exercises to increase leg strength

are jump squats, single-leg deadlifts, step- ups, and hip rolls. A simple way people can increase core strength is by doing planks. IMPROVE YOUR CARDIO HEALTH Backpacking includes a lot of walking while carrying heavy weight at a high altitude, which means it’s just as important to get your cardiovascular system into shape as it is to strengthen your muscles. Dedicate three days each week — alternating with your strength training days — to building your cardio health with activities like trail running, biking, swimming, or other aerobic exercises. IMPROVE YOUR BALANCE Backpacking trails are rough, and you’ll need good balance to navigate obstacles and step over boulders, creeks, and large roots. The good news is that increased strength and balance go hand in hand. Building up the muscles in your legs and core will help improve your balance, as will taking walks or runs on uneven trails or terrain.

These are just a few quick tips to help you get in shape this backpacking season. For more in-depth instructions, check out CleverHiker. com, Backpacker.com, or search “How to Train for Hiking” on REI.com. Happy hiking!

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