By: Susan D’Alonzo Ament

It’s easy to get caught up in the magic of holidays in Delaware.  Everyone seems to be in a better mood, and all of the hustle and bustle – including shopping, parties, and visiting with loved ones – makes the cold weather a little easier to bear.

Of course, making merry has its price, as travel can be especially dangerous during this time of year.

Whether you are traveling locally or planning a trip to visit friends or family out of state, it’s important to take some extra precautions when driving during the holiday season.  To best avoid unpleasant situations like collisions, theft or more, follow these safety suggestions:

Perform routine maintenance. One of the easiest ways to avoid car mishaps is to drive a safe vehicle.  Check and rotate your tires, get a tune-up and have your oil changed regularly, at least every six months.  Keeping up with these tasks ensures that your vehicle will be in top driving condition for Delaware’s often-treacherous holiday weather.

Prepare for inclement weather. Due to the unpredictability of the East Coast’s weather conditions, it’s always a good idea to keep an emergency kit in your vehicle.  Emergency kits include items that can help signal others in times of distress, make minor repairs, or help keep you protected from excessive temperatures while stalled.  These kits can be purchased for as little as $30, or you can make your own.  Some items that you might want to include are blankets, water, road flares and tools.  For more ideas on what to include in your vehicle emergency kit, speak to your auto insurance agent or visit www.redcross.org

Drive defensively. Just as the old adage goes, sometimes the best offense is a good defense.  The lack of a sales tax draws more people into Delaware during the holiday season, which means the chances for collisions increase.  When driving, be on the lookout for erratic drivers, slippery roads, snowdrifts and other unusual conditions.  Never drive at speeds that would prevent you from taking necessary corrective actions, particularly in the evening when hazards are more difficult to see.  Also, keep your eyes on the road, as you never know what other drivers have had too much eggnog.

Don’t leave valuables in the car. When you travel, there’s a good chance that you’ll leave your vehicle unattended in places with which you’re unfamiliar.  In order to avoid holiday breakins, don’t leave valuables in your car, especially in clear view of anyone who walks by.  Many criminals take advantage of holiday shoppers’ generosity, and when your new purchases are visible, they make for a tempting target.  If you must leave items in the car, opt to put them in the trunk, away from prying eyes.

Give a copy of your itinerary to a friend. Whether you are headed out to the mall, a party or a relative’s house, let someone know where you are going and how you intend to get there.  In the event that you are in an accident, stranded or are incapacitated, your contact will know your intended route and be able to pass relevant information along to the authorities.

If you practice these safety suggestions and are still the unfortunate victim of an automobile accident this holiday season, don’t burden your holidays with the worry of how you’re going to handle the details.  Instead, contact our Personal Injury Attorneys who, together with their reliable staff, will guide you through the process.

Susan D’Alonzo Ament is a partner with Morris James LLP and has practiced for 28 years representing personal injury victims.  Over the years, Mrs. Ament has found that some women don’t understand the crucial need to have adequate automobile insurance coverage in the event of a serious accident.  Susan Ament educates women on these needs every day in her practice and in seminars that she presents throughout the year.

By: Joanna L. Daneman, AAMS

Are you a member of the “Sandwich Generation”?

This designation — which applies to people caring for their aging parents while supporting their own children — may be applicable to you if you’re either a younger Baby Boomer, born in the late 1950s or early 1960s, or an older member of “Generation X,” born in the mid-1960s. But any way you slice it, being in the “Sandwich” group is probably going to present you with some challenges, particularly of the financial kind — so you’ll need to make the right moves.

Basically, you should consider two areas of decision-making —
those affecting the future of you and your children
and those affecting your elderly parents’ lifestyle and legacy.

Regarding your future, and that of your children, you’ll need to prioritize your goals. Some people, when weighing the merits of investing for retirement versus saving for their children’s college educations, conclude that while loans are available for college, none are offered to retirees. Consequently, they focus more heavily on retirement. If you’re in this camp, you’ll probably want to contribute as much as you can possibly afford to your IRA and 401(k) or other employer-sponsored retirement plan.

However, if you feel strongly about helping your kids go through college relatively debt-free, you may want to explore some college-savings options, such as Section 529 plans and Coverdell Education Savings Accounts, both of which offer significant tax advantages.

In any case, these goals don’t have to be mutually exclusive —
but if you’re going to address them both,
you will have to make some key decisions regarding allocation of resources.

And while you’re handling these issues for yourself and your children, you’ll need to juggle the needs of your elderly parents. With luck, you won’t have to contribute financially, but you may be required to put in some time and energy to help make sure your parents’ situation remains positive.

This means you’ll need to ask some questions. Where do your parents bank? Do they have a brokerage account? If so, do you know the name of their financial advisor? Have they taken steps to remain financially independent if they ever need to go to a nursing home or employ home health care assistants? Have they drawn up a will, a living trust or other estate plan documents? Would they be willing to have you or another family member assume power of attorney should they become incapacitated?

In raising these questions,
you will have to approach your parents with tact and sensitivity.
However, you may be pleasantly surprised at your parents’ willingness
to talk about these issues;
after all, they almost surely want to avoid burdening you
with extra financial responsibilities.

The best time to approach your parents is when they are healthy, both mentally and physically. It’s especially important to be aware of even minor-seeming cognitive impairments, such as memory lapses, which can result in paying the same bills two or three times, forgetting to record checks or even falling prey to fraudulent investment schemes. If you suspect your parents may be having these troubles, you’ll need to step in immediately.

It’s not easy being a Sandwich Generation member, but through diligence and proper planning, you should be able to help avoid getting “squished” — while improving the outcomes for all your beloved family members.

By: Susan D’Alonzo Ament

This question is one heard frequently
from individuals injured in automobile accidents.

In today’s difficult economy, folks are looking at all ways to conserve their income.  Sometimes individuals think they can handle their own case or rely on friends or relatives to guide them through the legal maze.  They think they can forego paying attorney fees, and somehow get the same outcome.

This is a very risky approach!  I tell potential clients there are many reasons to protect yourself and your future by securing representation from an attorney with years of experience in the field of personal injury.  When you need the expert advice or care of a dentist, family doctor, or accountant, you wouldn’t rely on friends or family.  So, why not be represented by an experienced professional when you are injured in an automobile accident?

Insurance companies have a self-interest
in having injured victims sign a full release document
very soon after their automobile accident.

Again, in today’s economy, injured victims may need settlement funds to survive, and might rush to accept settlements that are far too inadequate given the degree of their injuries.  Without expert legal advice, often individuals sign releases too soon and thereafter are barred from bringing future claims if their injuries worsen.  For instance, if they need future surgery or medical care, they have already released the responsible party and have no recourse.

A good attorney is a good listener.

Often injured victims are so consumed by the devastating effects of their injuries, it is difficult for them to focus on the myriad of issues that need to be addressed to preserve their rights throughout the litigation process.  If an attorney has gained the trust and confidence of their client, the client will look to the attorney for advice throughout the process.  Personally, it makes me feel good to know I have made suggestions to clients that have positively influenced their lives following an accident.  I like helping people through difficult situations and doing all that I can to see that the people who have trusted and relied on me get a fair resolution of their case.  I do not like to see people who are injured through no fault of their own be taken advantage of or treated unfairly.

The legal process can be very intimidating to many.

Victims don’t know what to expect.  A good attorney is a good educator.  If the client understands the proceedings, whether they be deposition, arbitration, mediation, or trial, they are less intimidated because they are prepared and know what to expect.

Attorneys are very busy, but one of the most important things a busy attorney does is make sure a client understands the status of their case at every stage and answer all of their questions.

In fact, under Delaware Lawyers’ Rules of Professional Conduct, Rule 1.4, a lawyer is obligated to:

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent…is required;
(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information;  and
(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law…

A lawyer shall explain a matter to the extent reasonably necessary
to permit the client to make informed decisions regarding the representation.

To some, a job is just a means to earn a living.  I am honored to have the position I do.  I like going to work every day and arguing for my clients and making sure they are not taken advantage of.  I like helping them sort through the many issues they are faced with following an automobile accident.  When someone refers a new client to me, I thank them for their confidence in my work.  I view it as a privilege when a client trusts me to assist them through the legal process following an automobile accident.
By: Susan D’Alonzo Ament

Susan D’Alonzo Ament is a partner with Morris James LLP and has practiced for 25 years representing personal injury victims. Over the years, Mrs. Ament has found that some women don’t understand the crucial need to have adequate automobile insurance coverage in the event of a serious accident. Susan Ament educates women on these needs every day in her practice and in seminars that she presents throughout the year.

By: Susan D’Alonzo Ament

In an effort to minimize distractions like text messaging and checking email, Delaware recently passed legislation banning the use of cell phones while driving. Cell phones have become a major contributor to car accidents and near misses, taking hands and eyes off the road. This legislation makes our state the 8th in the country to ban cell phone use while driving, and 30th to prohibit texting and internet browsing.

Why is this bill so important?

Simply put, it offers all drivers peace of mind. Restricting cell phone use to reporting emergencies brings the focus back to driving. We’ve all done it at some point or another, responded to an important email or a quick text, but it’s important to consider the risk of being distracted even for a moment while driving. We’ve also been on the other side of the situation, having to swerve out of harm’s way while another driver is busy texting.

It only takes a moment to lose control of a vehicle, and the results can be devastating.

Put safety first, and make one of your New Year’s resolutions to be a more alert driver.  Simple changes to your traveling telephone habit will allow you to be in compliance with the new law without giving up your phone altogether. Here are a few tips to get you in the safe driver mind-set:

Quit Cold-Turkey:

Giving up cell phone use while driving is the easiest way to avoid contributing to the dangers of the road. Make your car a no-talk zone, and try to make calls at home or when parked whenever possible. Put your telephone out of reach or conceal it until you arrive at your destination.

Go Hands-Free:

Under the new bill, drivers can dial or turn on hands-free devices, but may not have phones in their hands. There are a variety of product choices designed to keep drivers safe while allowing access to mobile calling features. Some products are dual-use units, like GPS navigation systems with built-in Bluetooth. As they have gained popularity, hands-free options have become more affordable and designed to meet a variety of needs.

Take a Message:

If you are in a challenging driving situation, let your phone go to voicemail. Stay focused on the situation and don’t add any unnecessary stress. The message will be there later, so there’s no need to risk your safety over an inopportune call.

Please take safety into consideration when making a call from your car. If possible, avoid unnecessary calls, rely on your voicemail system and consider getting a hands-free device. After all, while cell phones are a valuable tool for staying connected, they can cause serious distractions while driving. These are just some of the options to make driving resolutions a reality.

It’s not just about the law, it’s about safety—yours as much as others on the road.
The New Year gives us the chance to make changes that make the world a little better for all of us.

Susan D’Alonzo Ament is a partner with Morris James LLP and has practiced for 25 years representing personal injury victims. Over the years, Mrs. Ament has found that some women don’t understand the crucial need to have adequate automobile insurance coverage in the event of a serious accident. Susan Ament educates women on these needs every day in her practice and in seminars that she presents throughout the year.

www.MorrisJamesPersonalInjuryLawyers.com