The Law Offices of Daniel J. Miller - April 2022

The Law Offices of Daniel J. Miller - April 2022

INYOUR DEFENSE

APRIL 2022

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PUT YOUR PHONE AWAY WHILE DRIVING Better Safe Than Sorry

Over the last 20 years, we have seen huge advancements in the world of technology. Nearly every adult in America has a smartphone on them at all times. We can stay in contact with each other, look up obscure information, and play games at any time all thanks to our phones. While this has made many aspects of our lives easier, it’s also added a new layer of danger when it comes to driving. April is Distracted Driving Awareness Month, and it falls on all of us to be responsible and focused when we’re behind the wheel. Did you know that Virginia is one of the most dangerous states in the country when it comes to distracted driving? According to a study from the driver’s education company Zutobi, Virginia comes in fifth as the worst state for fatalities caused by distracted driving, with 21.5% of all fatal auto accidents in the state caused by distracted driving. To try and prevent people from using their cellphones while driving, Virginia enacted a new law last year that made it illegal for anyone to hold a cellphone or any other personal communication device while driving. Legislature has also come out recently that allows them to charge someone with reckless driving for texting and driving. Using

From a personal injury standpoint, punitive damages may be awarded against a driver if the injured party can prove that driver was texting and driving at the time of the collision. Punitive damages are awarded when gross negligence exists and the jury considers punishing the bad actor as opposed rewarding the injured party. Under these circumstances, the jury will consider the lifestyle of the bad actor, his net worth, the value of his home, and other factors in determining an award.

your phone while driving is truly a lose-lose situation that can cause you to face jail time, pay fines, and even be injured or worse if you’re involved in an accident. When I take my lawyer hat off, I realize how aggravated I get seeing so many people that are inattentive while driving their vehicles. They’re driving on a highway going at speeds over 80 mph in two tons of metal with their head completely down and their focus away from the road. It’s unnecessary and makes the

There are many things you can do to reduce the temptation to use your phone while driving. Most phones have a setting that will pause your notifications when you’re behind the wheel. It can even go a step further and send an automated text message to let the person who’s texting you know that you’re driving. You can turn on your Bluetooth and talk through your vehicle for phone calls and keep your actual phone out of reach.

“Using your phone while driving is truly a lose-lose situation that can cause you to face jail time, pay fines, and even be injured or worse if you’re involved in an accident.”

roads dangerous for everyone who drives on them. The Centers for Disease Control and Prevention states that there are three types of distraction: visual, manual, and cognitive. Texting while driving hits all three, making it one of the most dangerous activities you can do behind a wheel.

Reducing the number of distracted drivers on the road starts with each one of us. We all need to make a commitment to keep our phones down and away when we’re behind the wheel. It’s better to be safe than sorry. –Daniel J. Miller

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F iling Y our T axes A fter a D ivorce

WHAT YOU NEED TO KNOW

Divorce is a difficult time in anyone’s life, and there are plenty of life adjustments that you will need to make. From finding new living arrangements to figuring out a new schedule for your children, there are many things to consider after a divorce. You probably aren’t thinking about how filing taxes will be different after the divorce, but it’s certainly something you should consider. Once your divorce is finalized, your tax status will likely change. You may have been filing as “married filing jointly” previously but now need to change it to “single” or “head of household” in the next tax year. When doing this, you need to keep in mind that your filing status will be determined by the date your divorce was finalized. If it’s finalized after the last day of the tax year, you may need to file jointly or file your own as “married filing separately.” Additionally, you also have to figure out who will receive the child tax credits. If one parent has sole custody over the child, it’s likely that they would receive this credit, but there are certain circumstances and situations that allow for the noncustodial parent to claim it. Some couples even choose to alternate who uses it each year.

or ex-spouses, it is a nontaxable event. Likewise, if the couple owns a business together and one spouse buys the other out or they continue to co-own the business, it is a nontaxable event. But if the business is sold to a third party, it could end up being a taxable event. Furthermore, alimony payments are also no longer taxable as of 2017. Divorce is difficult enough as is, and you don’t want to add issues with the IRS to your struggles. If you’re unsure where to turn or what steps you need to take in your divorce, give our office a call.

There are a few other situations to be aware of if you’re going through a divorce. If property is being transferred between spouses

J ust L ike R iding a B ike

CYCLING IS THE PERFECT ACTIVITY FOR ALL AGES

You likely learned how to ride a bike as a kid — according to a 2013 survey, about 94% of American adults did. Even if it has been a while since your last ride, most people agree you never forget how, and you don’t have to be in

get the heart rate up without feeling too strenuous, making it optimal for beginners. Older adults and people with knee problems also use biking as an alternative to other forms of exercise because it’s easier on their joints. Meanwhile, those looking for a challenge can easily find one. If you want a strenuous workout, it’s easy to ride farther, increase the resistance on your bike, or pick a steeper bike trail to explore. Biking is only a cakewalk if you choose to make it one. Since it’s perfect for all ages, cycling is the ideal outdoor activity to do with your family, allowing everyone to be involved in quality time together while promoting their health. To get started, make sure everyone has a bike they can use comfortably and a helmet that fits, plus understands bike safety. Once the basics are taken care of, you’re ready to hit the trails or explore the neighborhood. Even if you never learned how to ride, there’s no time like the present. You might feel a little silly at first, but the benefits of cycling will serve you — and your family — well for the rest of your life.

great shape to get started. Outside of walking, biking might be the most accessible exercise for all ages and ability levels.

The beauty of biking is that it can be as relaxing or challenging as you want. The average kid learns to ride at around 5 years old, so the basics aren’t complicated. Biking helps young children get outside and gives them a taste of being a “big kid.” As a result, it’s excellent for their self-esteem as well as their fitness.

Cycling is also perfect for adults who are new to exercise or need a low-impact activity. A short ride on a flat surface will

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If you’re going through a period of separation from your spouse, you may be wondering what this means for your taxes or how you should file them. You may think the obvious choice is to file separately since you’re going through a period of separation, but you may be hurting yourself if you do this. There are pros and cons to each, but if you are amicable with your spouse and can file jointly, it can make things much fairer for everyone involved. If you choose to file jointly, you will be able to take advantage of many of the same tax credits and deductions that you would have had throughout your marriage. Everything should stay the same as it was before you were separated, so it should be fairly straightforward to file your taxes and know what you’re getting back. If you file separately, the amount may be notably different than it would be if you file jointly. The Benefits of Filing Jointly While Separated

only one parent can claim the child for a tax credit. This means that the other parent won’t be able to claim the child on their tax returns and won’t be eligible for the child tax credit. This can make a big difference in the amount you receive in your tax return and could be incredibly unfair to the parent who does not receive the tax credit. Not every separated couple is on good enough terms to file jointly, though, and that’s understandable. There are also benefits to filing separately, such as keeping your tax liabilities separate. You have to figure out what will work best for your scenario to know how you should file your taxes. Whether your divorce is complicated or simple, it’s important that you have an experienced family law attorney on your side. If you’re in need of representation, give our office a call today.

Additionally, filing jointly can be extremely beneficial for both parties if children are involved. If you’re filing separately,

ONE-PANCHICKENTACOS

SUDOKU

Inspired by TasteOfHome.com

This recipe from TikTok user @violet.cooks almost broke the internet — and you’ll see why! The fried tortillas make it out-of-this-world delicious.

INGREDIENTS

• 1 lb chicken breasts, sliced into 1-inch pieces • 2 tbsp garlic powder • 2 tbsp cumin • 2 tbsp chipotle powder

• Canola oil (for frying) • Corn tortillas • Grated cheddar cheese • Pico de gallo and guacamole salsa (to taste)

DIRECTIONS

1. In a mixing bowl, combine the chicken pieces, garlic powder, cumin, and chipotle powder. Mix until the chicken is coated. 2. In a frying pan, heat the oil. When the oil is hot, add the chicken mixture. Cook on medium heat for 5–8 minutes. 3. Remove the chicken from the pan, and add the corn tortillas (avoid overlapping) so they soak up the juices. Flip the tortillas and repeat. Then, add chicken and grated cheddar to each tortilla and fold it over the filling — in the pan. 4. Cook the tacos for 3 minutes per side until the tortillas are crispy and the cheese is melted. 5. Top with pico and guacamole salsa, and serve!

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THE DANGERS OF DISTRACTED DRIVING PAGE 1 FILING YOUR TAXES AFTER A DIVORCE GET OUTDOORS WITH THE FAMILY THROUGH CYCLING PAGE 2 THE BENEFITS OF FILING JOINTLY WHILE SEPARATED ONE-PAN CHICKEN TACOS PAGE 3 THE KETCHUP PILL CRAZE PAGE 4 INSIDETHIS ISSUE

KETCHUP ONCE CURED ALL NOT JUST A CONDIMENT

If you have a belly ache, one of the last things you’re likely to reach for is the ketchup bottle. But did you know that ketchup was once utilized as a cure for indigestion? In 1834, Dr. John Cook Bennett came up with a recipe for tomato ketchup that he advertised as a cure for indigestion, jaundice, diarrhea, and rheumatism, according to his research. The ketchup was even packed into pills and his research made its way into well-respected American newspapers. Before this, many Americans were under the impression that tomatoes were poisonous and avoided them like the plague. According to the Smithsonian magazine, in the 1700s, Europeans thought tomatoes were poisonous apples. Entrepreneur Alexander Miles discovered Bennett’s research and partnered with Bennett, calling the ketchup pill “extract of tomato.” The craze over the ketchup pills grew, and many other entrepreneurs began creating their own versions of the “extract of tomato” pills. Some versions didn’t contain any tomatoes at all and, instead,

were filled with laxatives. Americans began believing these ketchup pills were the key to ultimate health.

Scientists then began to look into Bennett’s research claims, and just when wild claims surfaced that the pills could even cure scurvy, a disease caused by a deficiency in vitamin C, and broken bones, the claims were dispelled and the ketchup pill craze died down by 1850. Modern research today shows that tomatoes contain the antioxidant lycopene, which is linked to reducing the risk of cancer and heart disease. They also are abundant sources of potassium, vitamin C, vitamin K, and folate. While Bennett’s research was exponentially exaggerated, we can say it wasn’t completely inaccurate.

Today, Heinz, the leader in the ketchup industry, sells 11 billion single-serve packets and over 650 million bottles annually.

So, would you like a ketchup pill with those fries?

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