Smiley Law - July 2018

July 2018

365 Canal Street, Suite 1680, New Orleans, LA 70130 • 504-894-9653 • www.SmileyFirm.com

SNOWBALLS AND FIREWORKS RINGING IN THE 4TH OF JULY

Well, summer is here, and the firm’s air conditioning is running full blast. As much as the sweltering heat can be a downer for those of us who wear a suit and tie, my kids are more than happy to take advantage of the season. Both Jude and Luke are at that age now where they get excited for a break from school. But come September, they’ll be excited to go back and see all their friends. Both boys are also getting into sports programs this summer, so they’ll be kept pretty busy. Luke is picking up T-ball for the first time, while Jude is playing in a coach-pitch baseball league and attending a basketball camp at the University of New Orleans. With all this on top of swimming and multiflavored snowballs, the kids don’t mind the heat and humidity one bit. While I struggle against the weather myself, one event will get me out in the sunshine no matter what. I am, of course, talking about the Fourth of July. It is a credit to the patriotic spirit of New Orleans, and to Louisiana as a whole that so many brave the often-sweltering temperatures to celebrate our nation. “While the Crescent City is full of patriotic crowds and fireworks shows that the kids love, sometimes I get nostalgic for the Independence Days of my childhood.” While the Crescent City is full of patriotic crowds and fireworks shows that the kids love, sometimes I get nostalgic for the Independence Days of my childhood. Growing up in the backwoods near Baton Rouge, celebrations were smaller but no less jubilant. We’d shoot off our own fireworks with our neighbors and grill up plenty of hot

dogs and hamburgers. Some folks even brought a Cajun twist to the festivities by holding very late-season crawfish boils. But when it comes down to it, it’s not how you celebrate the Fourth that matters; it’s why . In these divisive times, it’s important to honor and cherish those ideals that unify us as Americans. On that hot summer’s day in 1776, the Founding Fathers declared that all men are created equal — that we all have the right to life, liberty, and the pursuit of

happiness. From that point on, generations of brave Americans have stood in defense of these founding principles at home and abroad.

That’s why it’s important to take a day to not just honor but celebrate those freedoms we too easily take for granted. We live in a truly great country where liberty and equality aren’t just buzzwords. They are tangible, defended rights enshrined in our Constitution and upheld by legal due process. As a lawyer, I get to see the Constitution in action every day. Without the right to a fair trial and representation, our clients would have no recourse when harmed by others. It’s a small but constant reminder of how fortunate we are to call the United States home. Sometimes there’s no better way of honoring our freedoms than taking some time to relax and enjoy them. So whether you are out celebrating on Bourbon Street, barbecuing in the back yard, or trying to squeeze in one last crawfish boil with your relatives, I hope you have a great Independence Day. I know I will.

–Seth Smiley

God Bless America,

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A Boutique New Orleans Law Firm Resolving Your Legal Matters

HOW MUCH SUNSHINE IS TOO MUCH? KEEP YOUR FAMILY SAFE

To many people, summer is all about heading outside to enjoy the weather. But getting too much sun can be dangerous. To have a fun-filled summer with your family this year, remember that it’s essential to protect yourself from harmful UV rays.

Cover Up

Common Myths About Sun Exposure

Ben Franklin once said, “An ounce of prevention is worth a pound of cure.” While he wasn’t discussing the construction industry in Louisiana, his words certainly resonate within that context. Construction law in our state is an intricate (read: tangled) web of laws and regulations. Making matters more complicated, large- scale construction projects require multiple parties to compete, from architects and vendors to contractors and subcontractors. How do you prevent these complicated arrangements from resulting in stalled projects that become more trouble than they’re worth? One of the best ways is to work with an experienced construction law attorney, like those at Smiley Law Firm. Here are just a few ways that working with a dedicated legal team can help save you time and money. Prevent Payment Snafus We are so familiar with drafting construction liens that we even help other attorneys create them. A lien is a great way to avoid the mess that often accompanies payment delays or disputes. If you’re shepherding a huge project, a vendor not fulfilling their end of the bargain could cause massive delays. Don’t let it happen to you. Covering your skin is one of the best ways to avoid skin damage. Wide-brimmed hats, long-sleeved shirts, and long pants or skirts can protect your skin from direct exposure to UV rays. While this tactic protects you from the sun, it offers poor defense against the heat. So, if you opt for cooler attire, it’s important to cover all exposed skin with a copious amount of sunscreen. Be sure to reapply every two hours for maximum skin protection. If you’re planning to spend a significant amount of time in the sun, consider your environment. Will there be plenty of shade? Will you have to bring your own? What’s the best way to step out of the sun for a few minutes? Wearing sunscreen and protective clothing are great ways to shield yourself from UV rays, but it’s important to avoid being in direct sunlight for long periods. Taking a break from the sun gives your body the time it needs to recuperate and helps prevent sunburn and heatstroke. Spend Less Time in the Sun

Many people think that a tan is better than a sunburn, but the result of tanning is still sun damage. When your skin tone changes due to the sun, regardless of whether it tans or turns red, it’s a result of the epidermis reacting to damage caused by UV rays. Both are symptoms of harmed skin. While vitamin D is important, the sun does not contribute to its creation as much as you might think. Doris Day, a New York City dermatologist, explains that if your skin were to constantly produce vitamin D from being in the sun, it would reach toxic levels. Vitamin D is the only vitamin that your body can produce on its own, through a common form of cholesterol or 7-dehydrocholesterol. Spending time in the sun does help vitamin D form, but you need far less exposure than you think.

Knowing how to protect yourself from UV rays is the first step to having a safe, fun-filled summer!

CUT THROUGH THE RED TAPE

Provide Legal Protection There’s no denying that construction work is a dangerous job. A strong construction contract can help protect your company from third-party liability suits, such as injury claims resulting from the negligence of a passing motorist or a construction vendor. This protection can mitigate your risk of incurring excessive and unnecessary costs. Handle Contract Disputes A well-conceived construction contract is ironclad law between two parties. When these contracts are rushed or handled by inexperienced firms, they often result in long, protracted disputes. Even if you’re drafting a contract yourself, it’s important to have it reviewed by an attorney before anything is signed. Avoid Litigation Every now and then, a dispute will escalate beyond the level of your standard back-and-forth argument. When that happens, you may end up in costly, time-consuming litigation. A construction attorney can offer alternative solutions that will be easier for all parties involved.

These are just a few of the many ways we can help ease your construction law headaches. Call us today to find out more.

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EVIDENCE COLLECTION AFTER A CAR ACCIDENT Help Your Claim After a Crash

TAKE A BREAK! Gather Info While you wait for the police to arrive, you should begin compiling information on your own. Exchange information with any other drivers involved, including their name, phone number, address, license plate number, and insurance information. You should also ask bystanders who When you find yourself in a car crash, it can be hard to think clearly. But it is critically important that you keep your wits about you during this trying time. Collect evidence and interact with law enforcement to ensure the events that led to the accident are well-documented. Stay on the Scene First and foremost, check yourself and your passengers for injuries, and call for medical assistance if necessary. Otherwise, it is critical you stay at the crash site. Pulling away from the scene of an accident is illegal; if someone has been injured, you can face severe criminal charges. Call the Police Even if the incident appears to be a “fender bender,” it’s best to get New Orleans’ finest involved. These officers are experienced professionals who may catch a detail others missed when assessing the accident. This allows them to make a determination of fault in their accident report, a document you will have access to. This official documentation is a key piece of evidence that can help insurers know what really happened.

witnessed the accident if they’d be willing to share their contact information.

Don’t Point Fingers While talking to people on the scene, keep your emotions in check. It can be tempting to assign blame during such a stressful event, but determining fault is best left to the professionals. Don’t accuse other drivers, but don’t place yourself at fault, either. Stay focused on preserving the facts. Take Photos Snapping pictures of the scene of the accident is a great way to preserve the conditions of the accident for future reference. Capturing multiple angles of the damage to your vehicle as well as any skid marks or signs indicating right of way can be critically important pieces of evidence. Talk to a Legal Professional Finally, meet with a qualified Louisiana auto accident attorney as soon as possible. A free initial consultation will help you determine your next course of action and give you insight regarding whether or not you have grounds to be compensated for your injuries. At Smiley Law Firm, we’ve been helping victims of New Orleans car accidents get compensation for their injuries since our inception. For a strategic, confidential review of your options, please, reach out to us.

BLUE CHEESE BUFFALO DOGS AND CELERY SLAW No matter where you stand on the great ketchup versus mustard debate, you’ll love these spicy, tangy, easy-to-make buffalo dogs. They’re the perfect way to elevate your Fourth of July cookout.

Ingredients

For Celery Slaw: • 4 celery stalks, very thinly sliced • 1/2 teaspoon lemon zest • 2 teaspoons fresh lemon juice • 1 teaspoon olive oil • Celery salt and fresh ground pepper, to taste

• 1 package of your favorite hot dogs • 1 package hot dog buns • 1 bottle Frank’s RedHot sauce • 4 ounces crumbled blue cheese

Instructions

1. For slaw, toss all ingredients together and season with celery salt and pepper. 2. Grill hot dogs and toast buns. 3. Assemble hot dogs, douse with hot sauce, and top with celery slaw. 4. Top with blue cheese, add another splash of hot sauce if you’re feeling extra spicy, and serve.

Inspired by Bon Appetit magazine

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A Boutique New Orleans Law Firm Resolving Your Legal Matters

365 Canal Street, Suite 1680 New Orleans, LA 70130 Phone: 504-894-9653 Fax: 866-761-8934 www.SmileyFirm.com OPEN: 9 a.m. to 5 p.m.

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INSIDE THIS ISSUE

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Ringing in the 4th of July

Battling the Summer Sun! How to Prevent a Construction Headache How to Help Your Claim Minutes After a Crash Blue Cheese Buffalo Dogs and Celery Slaw

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Take Your S’mores to the Next Level

CAN I HAVE S’MORE? CREATIVE TWISTS ON THE CAMPFIRE CLASSIC

You’re just three ingredients away from the perfect summertime treat: chocolate, graham crackers, and marshmallows. The s’more is a fan favorite on camping trips and at backyard bonfires alike. Though they say you can’t improve perfection, we’ve found a few creative twists on the classic treat that will make your summer a little sweeter. The Elvis A campfire snack fit for a king — of rock ’n’ roll, that is. This s’more pays homage to Elvis Presley’s love of peanut butter and banana sandwiches. Swap out the chocolate bar for a peanut butter cup candy and add a few slices of fresh banana between the graham cracker and marshmallow. If you’re feeling particularly adventurous, you can even add some bacon. S’mores in a Jar Here are s’mores you can enjoy all year long. Layers of crushed graham cracker, melted marshmallow, and creamy chocolate turn a simple jar into a great dessert! Learn how to make the perfect s’mores on the go at family.disney.com/recipe/smores-in-a-jar. Strawberry S’more-cake If you really want to wow your guests at the next bonfire, try your hand at this creative take on the summertime classic. Gooey s’mores meet

fresh strawberry shortcake in a dessert that’s as delicious as it is original. Find the whole recipe, including tips on making the perfect shortcake, at aspicyperspective.com/smores-strawberry-shortcake-recipe. S’mOreo A simple but memorable twist on the campfire classic. Grab a box of Oreo cookies, pull a cookie apart, and use that in place of your graham cracker. The cream filling will pair nicely with the chocolate and toasted marshmallow. S’mores Milkshake Too hot for a campfire? Cool down with a s’mores milkshake! The trick is to lightly toast the marshmallows in the oven so they mix well with the other ingredients in the blender. Get the recipe at spoonfulofflavor. com/2013/08/30/smores-milkshake to enjoy this sweet treat even in the heat of summer. It’s the simple recipe that opens the door for creative interpretations of the classic s’more. Be adventurous this summer and see what great new s’mores you can create!

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