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Whisler Law Firm May 2021

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Whisler Law Firm May 2021

HOLLYWOOD 1909 TYLER ST., SUITE 501 HOLLYWOOD, FL 33020 833-529-5677 BOCA RATON 7777 GLADES RD., SUITE 100 BOCA RATON, FL 33434 AVAILABLE BY APPOINTMENT

NAPLES 3606 ENTERPRISE AVE., SUITE 356 NAPLES, FL 34104 AVAILABLE BY APPOINTMENT

MAY 2021

WHISLERLAWFIRM.COM

DRIVE SAFE THIS SUMMER

AS LIFE RESUMES, SO DO ROAD HAZARDS

There’s a lot to be excited about right now. As vaccines truly spread and we look forward to a summer where the pandemic hopefully tapers off, it’s tempting to look back and say, “Well, good thing we won’t have to deal with that again.” I sure hope that’s the case — but we can’t forget that there are always going to be hazards out there. In summer, many of those hazards are related to driving. Which makes sense. We know that good weather and a feeling of “freedom” from the pandemic can influence behavior. For most of us, the image of spring breakers descending on Florida is still fresh in our memories, shocking not only because of the disregard many showed for peoples’ property and safety, but also because we hadn’t seen that many people — or that many cars — in over a year! It’s no surprise to see that the number of car accidents, DUIs, and street- level arrests skyrocketed during the “spring break season” in 2021. And I think there’s a real potential for more of that, this summer unfortunately. Many of those spring breakers hadn’t been outside much, themselves, and the same is true for any of us who have been able to work from home. We’re not used to navigating a freeway at rush hour anymore; heck, we’re not used to navigating a freeway at any time of day anymore. If you’re in that position, remember that many others will be as well. Be cautious on the road. Give plenty of space, and drive defensively. We should always consider the fact that other drivers might be impaired — after all, DUIs go up every summer — but other conditions, like being tired or even just “rusty,” have their own significant impacts on our driving.

If you’ve been a regular commuter during the pandemic, you may feel more confident, but I would caution you to still keep an eye out these next few months especially. Personally, I’ve never seen the roads and highways less busy than these last 12 months; commutes that used to take an hour might have shortened to 20 minutes. But that’s just it: Even if you have been driving a lot, it’s been on an easier-to-navigate, less-crowded road, with fewer distractions and other drivers to worry about. As I mentioned above, there’s a lot to look forward to this summer. Whether you’ve got a stack of wedding invitations, a grill that was shelved for most of last year, or a good book and a beach chair, I hope you really enjoy yourself with friends and family. Please don’t drink and drive, and be aware of the other drivers on the road in general, and we’ll all have a great summer together. P.S. — Florida recently passed a bill saying a person cannot sue because they were exposed to COVID-19, say in a hospital or a restaurant. It’s still a new law, but I already have concerns about it unduly restricting peoples’ right to civil action, which is an important part of our legal system that also promotes keeping people safe. If you have questions about this new law, or are curious how it applies to a situation in your own life, please give me a call. –Josh Whisler

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Get Fit With Your Family 5 Easy Ways to Get Everyone Moving

May is National Physical Fitness and Sports Month. As a parent, you probably know exercise is important for your children’s physical development. It helps build healthy bones, muscles, and joints and reduces the risk of developing diabetes and other diseases later in life. But did you know that physical activity also has many mental and behavioral health benefits? It’s been shown to improve children’s cognitive skills and concentration, boost their self-esteem, and reduce symptoms of stress, anxiety, and depression. One of the best ways to encourage healthy behaviors in your children is by modeling them yourself. Studies have found that more than 80% of adolescents and adults are not getting enough aerobic activity, showing that children often follow in their parents’ footsteps and that exercising together can benefit everyone.

You may be thinking it’s hard enough just to get yourself to the gym, but Stephen Virgilio, author of “Active Start for Healthy Kids,” encourages parents not to limit themselves to traditional forms of exercise. Instead, think of exercise more broadly as “leading an active lifestyle.” And remember that exercise can be fun and a great way to get in more family time.

be eliminated. Set the scene with your kids, grab your tools, and get to work removing the enemy while having fun. 4. Incorporate simple exercises into screen time. Start by making up fun names for exercises like situps or jumping jacks. Then, challenge each other to see who can do the most during your favorite show’s commercial breaks. 5. Get fit in the great outdoors. Cleaning up the yard, planting and maintaining a garden, or just running around outside are all great ways to get in more movement.

Here are five easy ways to incorporate more movement into your family’s day.

1. Create a walking ritual. Start walking around the neighborhood before or after dinner each night. Aim for a 20-minute stroll. 2. Have a dance party. Clear some space in the living room, make a playlist with everyone’s favorite tunes, and boogie down for as long as you have the energy.

3. Turn chores into games. Dirt has invaded from outer space and must

WHEN THE ‘OTHER GUY’ DOESN’T HAVE ENOUGH INSURANCE Help — The Driver Who Hit Me Was Uninsured!

In our years of experience practicing vehicle accident law, we’ve noticed that at-fault drivers aren’t always the kind of people who plan ahead, and in many cases, they have trouble thinking about others or the consequences of their actions — whether that’s making a “blind” lane change or deciding to drive back to work after a three- beer lunch. But to make things worse, the kind of person who pulls into traffic without looking can easily be the kind of person who doesn’t carry insurance — or at least, doesn’t carry enough to cover the damage their actions might cause.

If you want to drive a car in Florida, you have to have an insurance policy that goes up to $10,000 for property damage and up to another $10,000 for personal injury. Our state is definitely lenient in this regard — after all, it doesn’t take an insurance whiz to realize that damages can easily exceed those amounts. Half the cars on the road cost more than $10K, and just going to an emergency room will cost you a third of that policy. Assuming, of course, they have insurance at all. Remember, we’re dealing with people whose actions cause accidents — and we can’t tell you how many times we’ve had to break the devastating news to clients that the person who hit them or their loved ones doesn’t have any insurance. This is why we always advise every driver to go above and beyond. Sure, you must have the $10,000 / $10,000 policy yourself. But you should also be taking out uninsured driver / underinsured

driver coverage as well. In some cases, it’s just a few more dollars a month, and it gives you recourse when the other driver cannot pay out, or at least can’t pay out enough. Instead of dealing with their hostile insurance company, you can work with your own insurer to get the money you need to recover from an auto wreck. We know it can seem unfair that you have to take on even more responsibility so a reckless person can “get away” with not doing their part. In a perfect world, everyone would be responsible enough to do what you do. But with uninsured / underinsured coverage, you at least won’t have the stress involved — because you’ll know that, no matter what, you’re going to be covered. Questions about these or other policies, and which is right for you? Those are exactly what we’re here for, and answers are just a phone call away at 833-529-5677.

2 • WHISLERLAWFIRM.COM

Accidents in Other States Can Get Very, Very Complicated ‘You’re Not From Around Here, Are You?’

Personal injury law is complicated. If it wasn’t, people would get the justice they deserve without the hassle of courts, insurance, companies, and lawsuits. But things get even more complicated when you add in factors like Florida residents getting hurt in other states or residents of other states coming to Florida and becoming at-fault parties here. We saw a bit of that when our area was flooded by spring breakers coming in droves and causing accidents, DUI wrecks, and personal injuries. But it’s the former scenario — having an accident or injury in another state — that’s more likely to concern readers this summer. After all, we’re all looking forward to getting out and enjoying a vacation or road trip this summer, right? So, when you’re driving in other states, you should keep a few things in mind. First, some states require more insurance than Florida does, which can be a problem if you only carry the Florida $10K / $10K minimum policy. Please read the article we wrote in this edition of the newsletter for more on that and other good reasons to carry more insurance than our state requires. And look into your policy to understand what your carrier says to do in other states.

If you aren’t the at-fault party, you’ll want to get the other person’s insurance information, take pictures, and get other records. If you receive medical care, be sure to get copies of all of those records before returning to Florida. And while there are pluses and minuses to having law enforcement at the scene, it may be good to have an independent observer there. Last but not least, out-of-state accidents that require the help of an attorney will mean finding one who has passed the bar and is licensed to practice in that state. Even if our firm is not able to directly represent you, we can absolutely help you find a great lawyer to represent

your interests in any state in the union — and also coordinate with them on your behalf. Accidents on a road trip are even more stressful than usual. To plan for such events, or find an

ally to help you navigate an accident’s aftermath, give us a call at 833-529‑5677.

DID YOU KNOW? You can visit WhislerLawFirm.com and access our highly informative webinars any time! Also, sign up for a complimentary Will or Trust consultation!

SHAVED ASPARAGUS SALAD

Inspired by TasteOfHome.com

Tangy citrus and salty Parmesan cheese complement earthy, fresh asparagus, a favorite spring vegetable with a short growing season.

Questions?

INGREDIENTS

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1 lb asparagus spears 1 tbsp lemon juice 1 tsp Dijon mustard

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3/4 cup Parmesan cheese, grated

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1/2 tsp kosher salt

1/8 tsp red pepper flakes Freshly ground black pepper, to taste

3 tbsp extra-virgin olive oil

DIRECTIONS

“Don’t wait for someone to bring you flowers. Plant your own garden and decorate your own soul.” – Luther Burbank

1. With a vegetable peeler, shave each asparagus spear from tip to base. This is easiest to do if the asparagus is on a flat surface. 2. Place shaved asparagus in a bowl and blot off excess moisture with a paper towel. 3. In a separate bowl, make a vinaigrette by whisking together lemon juice, Dijon mustard, and olive oil. 4. Pour vinaigrette over shaved asparagus and add Parmesan cheese, salt, red pepper flakes, and black pepper. Toss to combine. Taste and adjust seasonings.

1-833-529-5677 • 3

1909 TYLER ST., SUITE 501 HOLLYWOOD, FL 33020 WHISLERLAWFIRM.COM 1-833-529-5677

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

We’re so grateful for all the feedback on our newsletter! If you have anything you’d like to share, we’d love to hear from you.

INSIDE THIS ISSUE

1 2 2 3 3 4

As Life Resumes, So Do Road Hazards

5 Ways to Increase Your Family’s Fitness

Help — The Driver Who Hit Me Was Uninsured!

Out-of-State Accident FAQ

Shaved Asparagus Salad

The Bet That Spawned the Filet-O-Fish Sandwich

INSIDE THE MCDONALD’S HISTORY BOOKS The Bet That Spawned the Filet-O-Fish Sandwich

Every day, 68 million people dine under the iconic golden arches of McDonald’s. If you’re one of them, then you’re probably intimately familiar with one of the most famous offerings on the menu after the McRib and the Big Mac: the Filet‑O-Fish Sandwich. This bestselling entree looks simple enough. It features a fried square of wild-caught fish nestled under a slice of American cheese and a smear of tartar sauce. But it has a contentious history. In fact, Ray Kroc, the owner of McDonald’s who was immortalized in the 2016 movie “The Founder,” didn’t want the fishy offering on the menu. It ended up there anyway for one of the oldest reasons in the world: Kroc lost a bet. The story starts back in 1962 in Cincinnati, Ohio. That year, an enterprising McDonald’s franchisee named Lou Groen had a problem. His customer base was largely Catholic and abstained from eating meat on Fridays (not to mention during Lent!), and they weren’t buying enough burgers

to keep his restaurant afloat. According to the Smithsonian Magazine, on Fridays, Groen pulled in just $75 per day. To combat that lack of sales, he masterminded a beef-free option, and the Filet-O- Fish Sandwich was born.

up here with a bunch of crap!” he said. “I don’t want my stores stunk up with the smell of fish.” But at the end of the day, Kroc’s motivation was profit. So, the two men made a bet. On Good Friday in 1962, select McDonald’s would put both the Filet-O-Fish and a different meatless option, the pineapple-centric Hula Burger, on their menus. The entree that sold the best would stick around. Since you’ve probably dined on a Filet-O-Fish and never heard of Hula Burger, you can guess what happened. Groen sold 350 Filet-O-Fish sandwiches. And Kroc? Well, he moved just six Hula Burgers. Fishy smell or not, the filet was there to stay. Want to read up on more fast-food capers? Pick up the book “Drive-Thru Dreams: A Journey Through the Heart of America’s Fast-Food Kingdom” by Adam Chandler. His KFC stories will blow your mind.

The problem came when Groen pitched the entree to Ray Kroc. The founder didn’t approve. In a 2006 interview with Business Courier, Groen recalled Kroc’s reaction: “You’re always coming

4 • WHISLERLAWFIRM.COM