Typically, people start to think about estate planning once they go through major life events: getting married, buying a house, having children, etc. These are all good reasons to have an estate plan; however, you should be thinking about estate planning even in your 20s. A recent article in Fox Business explains why you’re never too young to start your estate plan.

It is important to start estate planning in your 20s for several reasons: you never know when you will pass, and tragedy can strike at any time. If you were involved in a car accident or other medical emergency tomorrow and fell into a coma, what do you want to happen to you?

An advance directive, also called a health care directive or living will, is an estate planning document communicating your decisions regarding medical treatment. In your advance directive, you can also appoint a health care proxy. This is the person that you would want to make medical decisions for you in the event that you couldn’t make them yourself.

Why do you need an advance directive? Without this document, your family and doctors will not be aware of your wishes. This may result in medical decisions being made by your doctors that go against what you would want. Your family will not legally be able to make decisions for you, even if you told them what to do in an earlier conversation. In the worst-case scenario, a legal battle could arise between your family members regarding your medical treatment. (This is what happened in the Terry Schiavo case, as she did not have a living will.)

Estate planning is important for everyone, no matter the age or amount of assets. Get started as soon as you can to protect yourself and your family.

The survey found that 41% of teens said that marijuana had “no effect” on their ability to drive. Even more disturbing, 34% said that marijuana actually improves their driving. Of the teens surveyed, 23% had driven after drinking alcohol or using marijuana or a prescription drug.

1,708 teens in 11^th and 12^th grade at 26 schools across the country contributed to the survey.

The idea that marijuana has no effect on driving—or that it somehow makes one a better driver—is seriously flawed and even dangerous. According to the article, NORML (an organization promoting the decriminalization of marijuana) argues that marijuana use doesn’t result in severe or long-lasting impairment of driving ability and that it does not result in car accidents at the same rate as alcohol. However, any level of impairment should be avoided, especially among young, inexperienced drivers. (According to the CDC, the leading cause of death for teens is motor vehicle accidents.)

Dave Melton, who takes part in overseeing safety initiatives at Liberty Mutual, expressed shock at the results of the survey, a sentiment that we share.

“We’ve been stressing the dangers associated with drinking and driving, and drugging and driving, for years and years and years, “ said Melton. “Our kids are still doing the same kinds of things.”

This survey highlights why it is so important for parents to teach their children about the dangers of impaired driving, which is not just driving drunk. It is also driving under the influence of drugs and driving while using a cell phone.

For more information on this subject, see our Distracted Driving and DWI/DUI Car Accidents pages.

It doesn’t help that hospitals and insurance companies often exacerbate a victim’s frustration and worry. Dealing with insurance companies and hospitals in order to pay for medical care can be an exercise in futility. Frequently, victims are left holding a massive bill for treatment whose cost they couldn’t possibly have estimated going into the hospital. Rarely is the patient informed in advance of what a treatment is going to cost them—something so important, especially to those whose injury prevents them from working and earning a living.

A recent study of hospitals in Alabama and other states in the U.S. has found that what hospitals charge for the same services can vary widely. The study looked at what 3,000 hospitals across the country charge for the top 100 Medicare inpatient stays most often billed.

According to the study, the costs of some of the same treatments varied into the thousands. To get a heart pacemaker implanted at St. Vincent’s Birmingham, for example, you might pay the average cost of $26,786. At Trinity Medical Center, however, you might pay $92,639.

If you have insurance, you likely wouldn’t pay the full cost, as insurance companies negotiate with hospitals to lower the amount of the charges. But if you don’t have insurance, you can expect to be stuck paying the full amount.

“The complex and bewildering interplay among ‘charges,’ ‘rates,’ ‘bills’ and payments across dozens of payers, public and private, does not serve any stakeholder well, including hospitals. This is especially true when what is most important to a patient is knowing what his or her financial responsibility will be,” said American Hospital Association President and CEO Rick Umbdenstock.

This study underscores the importance of asking in advance what your medical care is going to cost you so that you prepare your finances accordingly.

Though prohibiting writing, sending, or reading text or data through “manual input,” the Alabama law does not ban non-novice drivers from using a cell phone for other purposes, like talking and using a phone’s GPS.

However, a recent court ruling has found that California’s law does prohibit the use of GPS. The California court stated that using a cell phone to check a GPS or mapping program while drivingis a violation of the state’s law against distracted driving, which already outlaws all handheld cell phone use. The court suggested that, while using a GPS program is technically allowed, it must be done in a hands-free manner.

The ruling highlights the quandary that courts and law enforcement are now finding themselves in. Many distracted driving laws expressly mention some actions (like texting) while omitting others (like programming your phone’s GPS while driving), leading to a legal gray area that caused the case in California.

Texting, talking on the phone, and using mapping services are just a few of the behaviors that distract people from driving. We hope that texting and cell phone bans will reduce the tragically high number of deaths on our nation’s highways. But we all have to wonder if these bans go far enough. What about other distracting behavior—eating, talking to passengers, changing the radio station, using paper maps? All of these are still legal, yet they are distracting behaviors that have the potential to cause car accidents. Perhaps the answer lies in not just legislating driver behavior but improving driver education to effectively relay the dangers of distracted driving.

Do you think that Alabama should toughen the distracted driving law to include all cell phone use and other distracting behaviors?

Now, the first case against Johnson & Johnson has concluded, reports the New York Times.

A Los Angeles jury comprised of twelve members ruled in favor of the suit’s plaintiffs and ordered Johnson & Johnson to pay over $8.3 million. The plaintiff, a Montana prison guard, is set to receive $338,000 for his medical costs and $8 million for pain and suffering.

The jury found that the hip replacement had a defect in the design but did not find that DePuy Orthopaedics acted fraudulently; because of this, the jury did not award punitive damages.

Subsequent lawsuits against Johnson & Johnson are scheduled to occur throughout the year. The second lawsuit began in Chicago soon after the conclusion of the first. According to the article, the lawsuits related to the hip replacement may end up costing the company upwards of billions of dollars to conclude.

DePuy spokesperson Lorie Gawreluk stated that the company plans to appeal the verdict and disputes the finding that the device is faulty.

Today, most hip replacements are a combination of metal and plastic, according to the New York Times. Artificial hips made entirely of metal, like Johnson & Johnson’s A.S.R., can cause shedding of metallic debris that can damage the surrounding bone and tissue. The hip replacement A.S.R. that is the subject of the lawsuit has been found to have a significantly higher rate of failure than similar all-metal hip devices.

Unconvinced? A U.S. News article “The Dangers of DIY Estate Planning” details why you shouldn’t go it alone. The more complicated your estate is, the more likely it is that you need the help of an attorney. While a DIY estate planning document can sometimes be, at the very least, better than nothing at all, it’s worth it for yourself and your family to consider getting an attorney.

Here’s why:

• People tend to make mistakes completing these forms: Estate planning forms can be complicated. And one question answered incorrectly or one aspect overlooked can cause major problems in the future. A survey by LegalZoom, provider of DIY documents, found that a staggering 75% of married couples “lack a legal document that names a guardian for their children.” This means that, if the couple passes away before their children reach adult age, a court—not the family—will have the power to appoint a guardian for their children.
• The documents are filled with legal mumbo-jumbo. This can be confusing for many people and can cause them to do something they hadn’t intended. The article gives the example of “durable power of attorney,” a document that gives another person the power to handle your finances if you are unable to do so yourself. The person you make your power of attorney could steal from you if they aren’t trustworthy.
• Documents need to be executed correctly. The requirements for executing documents can vary from state to state, which makes it harder for individuals to do it themselves. Certain documents may need to only be signed; others may need to have one or more witnesses to your signature. If the documents aren’t executed properly, they may be rendered invalid—thus undoing all of your planning.
• Wills and other documents can have holes. A lawyer can help you realistically plan for circumstances you might not have considered had you written the will by yourself. What happens if your children die before you? What happens if you get a divorce? What happens if you get more grandchildren? If you don’t consider these factors, your will could have holes that can cause errors or disputes later.

In order to save money when planning your estate, make sure that you discuss the costs in advance with an attorney and determine which services you truly need.

In the end, no matter which route you go with, it’s important that you update your estate plan every couple of years, or at least after major life events like getting married, having children, a divorce, buying a home, etc.

To get your estate planning questions answered by an experienced and understanding estate planning attorney, contact Martinson & Beason, P.C. today.

Though prohibiting writing, sending, or reading text or data through “manual input,” the Alabama law does not ban non-novice drivers from using a cell phone for other purposes, like talking and using a phone’s GPS.

However, a recent court ruling has found that California’s law does prohibit the use of GPS. The California court stated that using a cell phone to check a GPS or mapping program while drivingis a violation of the state’s law against distracted driving, which already outlaws all handheld cell phone use. The court suggested that, while using a GPS program is technically allowed, it must be done in a hands-free manner.

The ruling highlights the quandary that courts and law enforcement are now finding themselves in. Many distracted driving laws expressly mention some actions (like texting) while omitting others (like programming your phone’s GPS while driving), leading to a legal gray area that caused the case in California.

Texting, talking on the phone, and using mapping services are just a few of the behaviors that distract people from driving. We hope that texting and cell phone bans will reduce the tragically high number of deaths on our nation’s highways. But we all have to wonder if these bans go far enough. What about other distracting behavior—eating, talking to passengers, changing the radio station, using paper maps? All of these are still legal, yet they are distracting behaviors that have the potential to cause car accidents. Perhaps the answer lies in not just legislating driver behavior but improving driver education to effectively relay the dangers of distracted driving.

Do you think that Alabama should toughen the distracted driving law to include all cell phone use and other distracting behaviors?

A recent Wall Street Journal article explores this very topic as well as ways to overcome familial dispute as easily and inexpensively as possible.

According to the article, mediation has grown more popular, and for good reason.

If a dispute can be settled in mediation, it can prevent the problem from becoming a bitter, all-out battle in court. Moreover, mediation can be cheaper than fighting it out in court.

Mediation has become more prevalent also because of a new, “unprecedented intergenerational transfer of wealth.” A recent report forecasts that $10.4 trillion will be given to the baby-boom generation from their parents between 1990 and 2044. Yes, that’s trillion!

In an interview with New York attorney William Zabel, the article examines why disputes so often arise from wills. Zabel opines that parents often don’t leave very detailed instructions regarding the division of assets. This is true: most people don’t like to think about being gone, so they tend to focus on reducing estate taxes and avoid the other aspects of estate planning. And many children don’t let their parents know about the dinner set or painting they love. Fights can break out over “intangibles” as well. If you pick on child as the executor of your will but don’t explain your decision, this can breed resentment among the others.

Mediation involves a “mediator” who acts as neutral third party. The mediator helps all the parties negotiate, and then drafts an agreement. Each party can have their own lawyer review the agreement if they wish. Some ways to mediate a dispute include creating a “lottery,” in which all parties draw straws to determine the order that they pick among the assets, or an equal division of the whole estate based on a valuation of all the assets.

Photo Credit: Sarah Cole/al.com

Is your route to work an accident waiting to happen?

It might be, if it takes you through any of Huntsville’s most dangerous intersections. AL.com gives a list of the top ten deadliest intersections in the city. If you regularly drive through any of the following spots, you might want to consider taking extra precautions when driving or even switching your route altogether.

1. Old Madison Pike and Research Park Boulevard
2. Jordan Lane and University Drive
3. University Drive and Memorial Parkway (going to the south)
4. Jordan Lane and Interstate-565
5. Interstate-565 and Research Park
6. Mastin Lake Road and Memorial Parkway
7. Governors Drive and Memorial Parkway
8. Sparkman Drive and I-565
9. Jordan Lane/Alabama 53 and Research Park Boulevard

10. Memorial Parkway, from Clinton Ave. to Governors Drive

In 2012, the death toll at these intersections added up to 426, an increase from 355 in 2011. Overall, there were 7,321 car accidents in Huntsville this past year. Unfortunately, this was an increase from the total number of wrecks in 2011. According to the article, “Police say the biggest cause for wrecks are heavy traffic and following too closely.” Most of the accidents, unsurprisingly, occur during rush hour, when there are more cars on the road.

The car accident lawyers at Martinson & Beason, P.C. remind everyone in Huntsville to drive safely and pay attention, especially during rush hour. Keep a safe following distance to avoid rear-end collisions and other accidents, which can cause severe injuries. At highway speeds, you can determine if you’re following too closely by choosing a fixed object and counting up from “1 Mississippi” when the car in front of you passes it. If you’ve passed the same object before reaching “3 Mississippi,” you’re likely following too closely and should slow down.

Of course, not every accident can avoided. Print our Step-by-Step Car Accident Guide and keep it in your glove box, just in case you are involved in an accident.

But despite the importance of juries, few people want to serve on them. A recent article on AL.com reported that a troublingly high number of residents of Huntsville and Madison County completely ignore a jury summons. According to the article, each of the 24 jury weeks on the court calendar, 450 jury summons are sent to residents by the AOC. Of those 450 summons, a paltry 150 (33%) show up—and that if the court is “lucky.”

Alabama law requires a minimum number of possible jurors to be present in a jury pool: 36 for capital cases where the death penalty is possible, 24 for a felony case without the possibility of the death penalty, and 18 for a misdemeanor.

Many people have a legitimate excuse for not reporting for jury duty: they’re elderly, have a medical condition, have a conflict with work, changed addresses and did not receive the summons, etc. The Administrative Office will work with the people who call in to report conflicts, often postponing their jury service.

However, many others will simply never call and disregard the summons entirely. This is a problem for both the courts and the people going through the justice system. A lack of jurors could cause delays in a trial, for example, which neither the courts nor the attorneys and their clients want.

It’s important that, if you receive a jury summons, you report for jury duty or work with the Administrative Office of Courts if you have a good reason for skipping. You may not know that those who just skip jury duty face penalties: the first time, the person can be charged in contempt of court. The second time, they face fines of $300 and jail time up to 10 days in length. These consequences can be avoided entirely by just showing up. Though not extremely well-paying, jury services do give $10 per day and $0.05 per mile, and trials rarely last longer than one week.