BLOG.DAVIDSINDERBRAND.COM
Paying Forward Feels Good
Often during a busy work day, the telephone rings while my assistant is at the copier, helping a client or otherwise engaged. As I pick up the
phone and before hearing the voice at the other end, I wonder if this call is the next "big" case. Though sometimes it is just that, frequently it's a person with a simple legal
problem who just wants to talk and "pick the brain" of a lawyer.
... << MORE >>
... << MORE >>
http://www.myfoxphilly.com/dpp/news/local_news/fox-29-investigates-career-school
I currently represent 74 former medical assistant students of the Harris School of Business, Linwood, NJ in their consumer fraud claims against the school. Above is a link to a 2 part story
recently aired on Fox Philly News where I am interviewed about the case. ...
<< MORE >>
Atlantic City Press Article on lawsuit against Harris School of Business for consumer fraud.
Thirty-seven former students sue Harris School of Business in Linwood over accreditations
<< MORE >>
Is Expungement For You?
If you've pled guilty or been found guilty of a non-indictable offense, that fact is on your permanent criminal record. In most instances, after awaiting the statutorily prescribed time,you
would be eligible to apply for expungement of your criminal record and have that judicial finding erased from your record.
In order to obtain expungement of your record, a Petition for Expungement must be filed with the Court and multiple local and state law enforcement agencies must be alerted to your application. If no objection is received by the Court from any law enforcement agencies, ... << MORE >>
In order to obtain expungement of your record, a Petition for Expungement must be filed with the Court and multiple local and state law enforcement agencies must be alerted to your application. If no objection is received by the Court from any law enforcement agencies, ... << MORE >>
Don't Choose Health Insurance for Auto Accident Related Bills
I had previously done a blog entry entitled auto insurance 101 in which I discussed the basic considerations in selecting the right auto insurance policy for you and your family. Some recent client
experiences show me that the average consumer needs even more information when considering auto insurance options.
When purchasing auto insurance, your agent will ask you if you have health insurance and, if so, would you like for your health insurance company to be the primary payer of auto accident related bills. Always answer this question with a firm "No." Why? ... << MORE >>
When purchasing auto insurance, your agent will ask you if you have health insurance and, if so, would you like for your health insurance company to be the primary payer of auto accident related bills. Always answer this question with a firm "No." Why? ... << MORE >>
Don't Make "For-Profit" Schools Your Loss
A Government Accountability Office investigation recently found that many for-profit colleges made deceptive or questionable statements to prospective students, including underestimating the costs of their programs, giving false statistics for employability after graduation and encouraging applicants to lie on their federal financial aid forms.
Everyone wants to improve their lot in life. It is basic human nature to strive for the next rung on the ladder. For-profit schools offer the hope of a promising career or new beginning for people seeking training in vocations such as medical assisting, computerized accounting, massage therapy, pharmacy technician,or legal office technology. However, applicants to these for-profit organizations should be extremely wary of what they are committing to before they sign on the dotted line. Often times, what you don't know at first can come back to bite you later.
CHECK THE SCHOOL'S ACCREDITATION
If the career field you are pursuing requires a certification or license, make sure the school you're considering is properly accredited so as to enable you to sit for the certification or licensing exam you desire. I represent 12 former students of a local for-profit school who were told by admissions representatives and school officials they'd be able to sit for a particular certification exam after they finished their school curriculum. The problem arose as the students were finishing their program and began to apply to take the certification test sought, only to be told by the certifying testing body that the school they attended was not properly accredited so as to enable the students to sit for the test.
Upon hearing the initial representations of school officials, had any of the students thought to check with either of the two accrediting agencies the school could have been accredited by so as to enable students to take the test, that student would have learned the truth about the school's accreditation and understood the extent of the lies they were told by school officials.
ARE YOU JUST A NUMBER?
Most students do not have $10,000+ to lay out for tuition. Attendees of for-profit schools are eligible to receive loans and grants in order to cover their tuition costs. As a result, the school has a big financial motive to make sure that any person who signs up remains enrolled, regardless of that person's intelligence level or aptitude in their chosen field.
For-profit colleges are occupation-specific institutions that offer degrees and certifications in everything from cosmetology to criminal justice. Most of their revenue-sometimes as much as 89%-comes from federal student loans or grants, making high enrollment a priority. If a student fails out of the program, the school loses the state unemployment funding and federal loans and grants received on behalf of the student. So, even if Jane Jones is failing a course, for-profit schools have been known to change grades of the failing student to passing in order to keep the student on the enrollment books and the loans and grant money coming in.
In the consumer fraud claim I am currently handling on behalf of 12 former students of a local for-profit school, former teachers and administrative staff have testified that they were ordered by the school operators to change grades of failing students in order to keep enrollment up and the loan and grant money coming in.
ASK QUESTIONS
At your initial interview and before you sign on the dotted line, ask lots of questions and document what you were told and by whom. If you seek to build on your education and attend another school after the for-profit school, and you hope to transfer credits to the second school, ask the for-profit school admissions representative if the credits earned there are transferrable to another institution. Then check with that other school to see if the credits from the for-profit school will be accepted. Ask school officials about the school's accreditation and about job placement rates for graduates in career-related positions.
The recent Government Accountability Office study was based on an undercover investigation of 15 "colleges", all of whom made deceptive or questionable statements about the accreditation of their school or the transferrability of credits or the costs of the education. The United States Department of Education has previously determined that for-profit school graduates have an 'alarmingly high" rate of student loan debt and default.
My experience suggests there is a direct link between the lies and deceptions schools tell their applicants and the extent to which students rely on the representations and are unsuccessful in the program. To avoid becoming a casualty of the for-profit school scam, be on guard and make sure you do your homework before going to school.
Everyone wants to improve their lot in life. It is basic human nature to strive for the next rung on the ladder. For-profit schools offer the hope of a promising career or new beginning for people seeking training in vocations such as medical assisting, computerized accounting, massage therapy, pharmacy technician,or legal office technology. However, applicants to these for-profit organizations should be extremely wary of what they are committing to before they sign on the dotted line. Often times, what you don't know at first can come back to bite you later.
CHECK THE SCHOOL'S ACCREDITATION
If the career field you are pursuing requires a certification or license, make sure the school you're considering is properly accredited so as to enable you to sit for the certification or licensing exam you desire. I represent 12 former students of a local for-profit school who were told by admissions representatives and school officials they'd be able to sit for a particular certification exam after they finished their school curriculum. The problem arose as the students were finishing their program and began to apply to take the certification test sought, only to be told by the certifying testing body that the school they attended was not properly accredited so as to enable the students to sit for the test.
Upon hearing the initial representations of school officials, had any of the students thought to check with either of the two accrediting agencies the school could have been accredited by so as to enable students to take the test, that student would have learned the truth about the school's accreditation and understood the extent of the lies they were told by school officials.
ARE YOU JUST A NUMBER?
Most students do not have $10,000+ to lay out for tuition. Attendees of for-profit schools are eligible to receive loans and grants in order to cover their tuition costs. As a result, the school has a big financial motive to make sure that any person who signs up remains enrolled, regardless of that person's intelligence level or aptitude in their chosen field.
For-profit colleges are occupation-specific institutions that offer degrees and certifications in everything from cosmetology to criminal justice. Most of their revenue-sometimes as much as 89%-comes from federal student loans or grants, making high enrollment a priority. If a student fails out of the program, the school loses the state unemployment funding and federal loans and grants received on behalf of the student. So, even if Jane Jones is failing a course, for-profit schools have been known to change grades of the failing student to passing in order to keep the student on the enrollment books and the loans and grant money coming in.
In the consumer fraud claim I am currently handling on behalf of 12 former students of a local for-profit school, former teachers and administrative staff have testified that they were ordered by the school operators to change grades of failing students in order to keep enrollment up and the loan and grant money coming in.
ASK QUESTIONS
At your initial interview and before you sign on the dotted line, ask lots of questions and document what you were told and by whom. If you seek to build on your education and attend another school after the for-profit school, and you hope to transfer credits to the second school, ask the for-profit school admissions representative if the credits earned there are transferrable to another institution. Then check with that other school to see if the credits from the for-profit school will be accepted. Ask school officials about the school's accreditation and about job placement rates for graduates in career-related positions.
The recent Government Accountability Office study was based on an undercover investigation of 15 "colleges", all of whom made deceptive or questionable statements about the accreditation of their school or the transferrability of credits or the costs of the education. The United States Department of Education has previously determined that for-profit school graduates have an 'alarmingly high" rate of student loan debt and default.
My experience suggests there is a direct link between the lies and deceptions schools tell their applicants and the extent to which students rely on the representations and are unsuccessful in the program. To avoid becoming a casualty of the for-profit school scam, be on guard and make sure you do your homework before going to school.
Are You My Lawyer?
As a victim of someone else's negligence, one of the worst fates you can face, other than your injury, is if you have to play "Where's Waldo" to find your lawyer. You hired a lawyer to simplify your life after the crash or fall resulting in your injuries. To have to chase your lawyer or his assistant for information about your case is frustrating for you and shows an improper method of the practice of law by your attorney. To ensure your right to know about your case is always upheld, look for these traits in your lawyer:
1. Return Phone Calls
The most frequent complaint I hear from people is "my lawyer doesn't return my calls." As the client, if this happens to you more than twice, I'd recommend thinking about getting another, more responsive lawyer. As the lawyer receiving the calls, I can tell you from personal experience that nothing is more frightening to the practitioner with a conscience than having a bunch of unreturned message slips on your desk. In that case, what you don't know can hurt you.
2. "CC" Me on Everything
The client should get a copy of whatever gets sent to an adjuster, doctor, adversary or expert. The client who reads everything knows all there is to know about an issue and is as fully informed as the attorney and letter recepient. This leads to less phone calls from clients seeking to be informed, which reduces the problem of return phone calls, as noted above.
3. Involve Me In My Case
At certain critical junctures in the personal injury litigation process, the client's participation is mandatory, such as at deposition, arbitration and trial. Oftentimes however, a client's input is not mandatory but is extremely helpful in focusing the lawyer's approach to trying to get the case settled or best prepared for trial. A conscientious lawyer will visit the client's home or work to get a real feel for how the accident related injuries have affected the client's lifestyle.
Communication is a hallmark of the legal profession and the advocate's proficiency in effectively reaching his audience often equates with the degree of success the client obtains. While the client should rightfully expect her attorney to speak strongly on her behalf, the client is also entitled to a lawyer who speaks to her whenever she calls.
1. Return Phone Calls
The most frequent complaint I hear from people is "my lawyer doesn't return my calls." As the client, if this happens to you more than twice, I'd recommend thinking about getting another, more responsive lawyer. As the lawyer receiving the calls, I can tell you from personal experience that nothing is more frightening to the practitioner with a conscience than having a bunch of unreturned message slips on your desk. In that case, what you don't know can hurt you.
2. "CC" Me on Everything
The client should get a copy of whatever gets sent to an adjuster, doctor, adversary or expert. The client who reads everything knows all there is to know about an issue and is as fully informed as the attorney and letter recepient. This leads to less phone calls from clients seeking to be informed, which reduces the problem of return phone calls, as noted above.
3. Involve Me In My Case
At certain critical junctures in the personal injury litigation process, the client's participation is mandatory, such as at deposition, arbitration and trial. Oftentimes however, a client's input is not mandatory but is extremely helpful in focusing the lawyer's approach to trying to get the case settled or best prepared for trial. A conscientious lawyer will visit the client's home or work to get a real feel for how the accident related injuries have affected the client's lifestyle.
Communication is a hallmark of the legal profession and the advocate's proficiency in effectively reaching his audience often equates with the degree of success the client obtains. While the client should rightfully expect her attorney to speak strongly on her behalf, the client is also entitled to a lawyer who speaks to her whenever she calls.
CPS = Chronic Pain Sucks
Chronic Pain Syndrome (CPS) is a debilitating condition with effects far beyond the physical. To never be able to get away from the pain of a traumatic injury, at rest or asleep, is a fact of life for chronic pain sufferers. The harsh reality for these victims is often a life of depression and anxiety, riddled with doctors' visits and medications that try to numb your body while effectively altering your consciousness. Depending on your personal constitution and pre-accident attitude toward life, if you are a victim of an accident resulting in CPS, you should know how to tap your inner resources to put up the best possible fight against a condition which will change your life.
As I am not a chronic pain sufferer, I can not offer first-hand knowledge and advice. As an attorney for victims with CPS, I can offer some observations about how some of my clients are coping:
1. Don't Lose Yourself - If you used to be an avid novel reader or hobbyist, keep reading and keep hobbying, even if your tolerance and concentration is a fraction of what it used to be. Stay focused on the activities of daily life that you've always enjoyed and continue to do them, no matter how slow or feeble you may feel your attempts are.
2. Keep a Pain Journal - Maintaining a daily record of your aches and pains is a good way of documenting your plight for your attorney to use to support your litigation. More importantly, the journal is a vehicle for you to vent your mind about all the issues concerning your chronic pain condition. Sometimes, just by seeing your problems outlined on paper, perspective is gained and some level of comfort or acceptance attained.
3. Embrace Your New World - In death, it is said, there are at least 4 stages, the last of which is 'acceptance'. If you've been unfortunate enough to be diagnosed with CPS, the quicker you get to the acceptance stage, the less difficulty you'll have moving forward. While the Internet can be dangerous because too much information may overburden an already overwrought mind, to read about and confer with other people with CPS and compare stories and anecdotes can only help to show you that you're not alone and the path you're on is filled with people who can offer you some measure of perspective and an ear to listen.
As I am not a chronic pain sufferer, I can not offer first-hand knowledge and advice. As an attorney for victims with CPS, I can offer some observations about how some of my clients are coping:
1. Don't Lose Yourself - If you used to be an avid novel reader or hobbyist, keep reading and keep hobbying, even if your tolerance and concentration is a fraction of what it used to be. Stay focused on the activities of daily life that you've always enjoyed and continue to do them, no matter how slow or feeble you may feel your attempts are.
2. Keep a Pain Journal - Maintaining a daily record of your aches and pains is a good way of documenting your plight for your attorney to use to support your litigation. More importantly, the journal is a vehicle for you to vent your mind about all the issues concerning your chronic pain condition. Sometimes, just by seeing your problems outlined on paper, perspective is gained and some level of comfort or acceptance attained.
3. Embrace Your New World - In death, it is said, there are at least 4 stages, the last of which is 'acceptance'. If you've been unfortunate enough to be diagnosed with CPS, the quicker you get to the acceptance stage, the less difficulty you'll have moving forward. While the Internet can be dangerous because too much information may overburden an already overwrought mind, to read about and confer with other people with CPS and compare stories and anecdotes can only help to show you that you're not alone and the path you're on is filled with people who can offer you some measure of perspective and an ear to listen.
Auto Insurance 101
It's the law in New Jersey that you must have insurance on your car. The typical New Jersey policy includes coverage for payment of your accident related medical bills (No-Fault), as well as coverage for liability, uninsured and underinsured motorist's benefits. A few key points are worth knowing if you want to make sure you and your family are adequately insured and not setting yourself up for later problems in the event of an accident.
1st- Do not limit your right to have $250,000.00 in No-Fault coverage. This is the standard coverage in New Jersey. This is the coverage that pays your accident related medical bills. You can get less coverage, and save a few dollars on premiums, but you may live to regret the decision if you or a family member ever gets badly injured by another's negligence and require extensive - and expensive- medical care.
2nd- Purchase liability limits as high as you can afford. At least $300,000.00 in coverage is recommended. Your liability coverage affords you protection, up to your coverage amount, in the event you or a family member injures another as as a result of your negligent operation of a car. If you have low limits and cause an accident where someone gets severely injured or you injure multiple car occupants, after your liability limits are exhausted, you will be personally exposed for the remainder of the value of the injured person's claim.
3rd- Lots of people break the law everyday by driving with no insurance at all. If you're unfortuante enough to be hit by one of these scofflaws, you will need to go to your own insurance company for compensation for your injuries under your uninsured motorists(UM) coverage. Your UM coverage should be at least as high as your liability limits, and hopefully higher. After all, it makes sense that you should at least have as much protection for yourself, via your UM coverage, as you do to cover someone else's claim against you(liability coverage).
4th- Even more prevalent than uninsured drivers are the drivers that maintain minimal liability policy limits of $15,000.00. When that person whacks you or your family member and your injuries are worth more then $15,000.00, you will need to go to your own company and claim on your underinsured motorists benefits (UIM). UIM coverage should also be as high-if not higher-than your liability coverage, for the same reasons previously stated about UM coverage.
5th- Avoid the Lawsuit Threshold option on your policy, also known as the Verbal Threshold. This insurance policy endorsement severely limits your right to make a claim unless you sustain a permanent injury as documented by objective medical evidence such as an MRI, EMG or CT scan. A permanent injury is defined as an injury that will not heal to normal function with further medical treatment. In the state legislators' attempt to save New Jersey residents some money on premiums, all New Jersey policy holders automatically get saddled with the limitation on their policy and consequently pay 30-40% less on premiums than if they did not have the limitiation. If you can swing it, opt out of the limitation, pay the extra money and maintain your unfettered right to make a claim for any type of injury caused by another's negligence.
6th- Watch your ass because there are alot of bad drivers out there. By being proactive in creating an insurance policy that best protects you, you're doing all you can to safeguard you and your family from the inequities that often result from being involved in a motor vehicle accident.
1st- Do not limit your right to have $250,000.00 in No-Fault coverage. This is the standard coverage in New Jersey. This is the coverage that pays your accident related medical bills. You can get less coverage, and save a few dollars on premiums, but you may live to regret the decision if you or a family member ever gets badly injured by another's negligence and require extensive - and expensive- medical care.
2nd- Purchase liability limits as high as you can afford. At least $300,000.00 in coverage is recommended. Your liability coverage affords you protection, up to your coverage amount, in the event you or a family member injures another as as a result of your negligent operation of a car. If you have low limits and cause an accident where someone gets severely injured or you injure multiple car occupants, after your liability limits are exhausted, you will be personally exposed for the remainder of the value of the injured person's claim.
3rd- Lots of people break the law everyday by driving with no insurance at all. If you're unfortuante enough to be hit by one of these scofflaws, you will need to go to your own insurance company for compensation for your injuries under your uninsured motorists(UM) coverage. Your UM coverage should be at least as high as your liability limits, and hopefully higher. After all, it makes sense that you should at least have as much protection for yourself, via your UM coverage, as you do to cover someone else's claim against you(liability coverage).
4th- Even more prevalent than uninsured drivers are the drivers that maintain minimal liability policy limits of $15,000.00. When that person whacks you or your family member and your injuries are worth more then $15,000.00, you will need to go to your own company and claim on your underinsured motorists benefits (UIM). UIM coverage should also be as high-if not higher-than your liability coverage, for the same reasons previously stated about UM coverage.
5th- Avoid the Lawsuit Threshold option on your policy, also known as the Verbal Threshold. This insurance policy endorsement severely limits your right to make a claim unless you sustain a permanent injury as documented by objective medical evidence such as an MRI, EMG or CT scan. A permanent injury is defined as an injury that will not heal to normal function with further medical treatment. In the state legislators' attempt to save New Jersey residents some money on premiums, all New Jersey policy holders automatically get saddled with the limitation on their policy and consequently pay 30-40% less on premiums than if they did not have the limitiation. If you can swing it, opt out of the limitation, pay the extra money and maintain your unfettered right to make a claim for any type of injury caused by another's negligence.
6th- Watch your ass because there are alot of bad drivers out there. By being proactive in creating an insurance policy that best protects you, you're doing all you can to safeguard you and your family from the inequities that often result from being involved in a motor vehicle accident.
Don't Lien On Me
It's a requirement in New Jersey that every driver has auto insurance. Our system of medical bill payment for accident related treatment is called "No-Fault", which means that, regardless of fault, your own insurance company pays your medical expenses for treatment for injuries you get in a car accident. Makes sense, right? Why else do we pay all those high premiums if not to get some benefit when we need it? And, the government doesn't want injured people having to chase a negligent driver's insurance company to get bill paid after an accident.
But, what about when you get hurt when you fall ...<< MORE >>
But, what about when you get hurt when you fall ...<< MORE >>
