Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Now.I don't know if you've been following the
Trump legal issues. I have,because well, I happen to be a
news not as well as someone whokeeps up with all things legal. And
it's not just former President Trump interms of his legal fees, which are
(00:25):
in the millions. He's got fourmajor cases against him and he has to
defend each one, and he hassome very high end lawyers, well medium
lawyers, because the real high endlawyers have all He said, no,
I don't want to touch him becausehe's toxic as far as they're concerned.
And so it's not just him,Okay, we've just set him aside.
(00:47):
I mean, he's worth billions andhe certainly doesn't have to worry about it
paying his legal fees, although hedoesn't like that. It's the other people
around him, the Rudy Giuliani,the John Eastman's of the world, who
have been part and parcel of hisentire position that the election was stolen,
(01:14):
and I mean a big part ofit, as in filing frivolous lawsuits,
lying about evidence that they had andthey're getting nailed for it, and as
you can imagine, they're racking upmillions of dollars of legal fees. Also,
(01:36):
you've got Steve Bannon, you haveMike Lindell, the my Pillow guy.
He's got enough money, but it'sstill going to cost him millions of
dollars. And I think business hasgone down dramatically since all the major retailers
threw him out through my Pillow,out the door. And so what's going
on? Well, I tell you, all of these allies of former President
(01:57):
Trump are looking at millions of dollarsof legal fees and they can't pay it.
Rudy Giuliani, for example, specifically, and I know someone who knows
him. Well, I know someonewho knows someone who knows him. Let's
go. It's really more secondhand.And this secondhand person has said that Juliani
(02:23):
is really sweating bullets. He usedto have a chunk of money, he
used to have properties as he soldoff, still has an apartment in New
York. I mean, don't betoo sad for him. It's still worth
eight million dollars. But I'm surethat's going to go. And here's the
part that I find fascinating is thesepeople are all true believers. They're prepared
(02:50):
to go down as martyrs. Andformer President Trump, from what I understand
and the information and I'm getting,is ready to let them go down as
martyrs. Now they have gotten somemoney. For example, there was a
(03:12):
fundraiser the former President Trump had forJuliani and that's they raised about a million
dollars. Doesn't even come close tothe amount of money that he owes and
will owe. So lawyers are expensive. I got to tell you, lawyers
are not cheap. The only cheaplawyer is me because frankly, well,
(03:35):
let me put it this way.How much are you paying for my legal
advice? And you're over paying ontop of that. But if you're hiring
me to defend you, it's aproblem, both my problem and your problem
if you have to pay. Allright, let's go ahead and take some
(03:57):
phone calls. Alan, you're up. Welcome to handle on Malai, Alan,
Why we're a long time prescription progressivelenses went in for the annual checkup.
The prescription changed, placed an order, got the new lenses in with
a new optician found after several weeksneeded a magnifying glass or read a book.
(04:20):
Something's wrong return multiple times. Theyadjusted the positioning of the glasses.
They then placed a replacement order fornew lenses. Weeks go by, same
thing happens. Can't read with thelenses, complain document. The visits wind
up going to a second opinion optician. Lo and behold the prescription from three
(04:45):
years ago was still accurate. Theprescription written by the new optician is something
is inaccurate, something is wrong.Confronted them, I'm out five hundred and
twenty dollars, American, can't geta refund, can't get a replacement of
the correct lenses from the prescribing optician. Small Claims Court, What do you
(05:08):
do with glasses you can't wear andyou can't get your money back? Bill?
Okay, let's look at it thisway. Oh you can't look at
it. I'm sorry you can't see. That's an easy Small claims court.
You just bring in the original prescription, maybe a statement from the optician,
but you bring in the original prescriptionand you say, hey, this new
prescription. He took five hundred dollarsfor me. I want my money back.
(05:30):
And what's the problem is going tobe is he's going to say no,
it's a good prescription, and you'regoing to say I can't read and
I'm using my old glasses. Andeven though the second or the first optician
who gave you this prescription that didn'twork is going to say, well,
(05:51):
I'm the expert, you're not yourpositions. Why would I take you to
court? I have the old thisis that I'm using. I think you've
got a decent case. I thinkyou simply put a small claims court on
that one. That's really not hard. And here's the problem. Whenever you're
suing this happened. Whenever you're suingon any medical basis, this one's easy.
(06:14):
What happens is my opinion is Iget how many times have you heard
that? You know? My opinionis the doctor screwed up? And I
always start with okay, the firstthing that's going to be asked is what
medical school did you go to thatyou can give an expert opinion on a
medical issue. I just know,how do you know? And by the
(06:40):
way, you haven't answered the questionwhat medical school have you gone to?
Now, with something like this,it's fairly easy. So if you're talking
about a major medical case, andthis is why I tell people, you
know your opinion means nothing, becauseit really does mean nothing. Unless it's
a major case, ain't going tohappen because medical malpractice is very difficult field.
It's very complicated. You bring inexperts who cost a fortune, and
(07:04):
you really have to have a majorscrew up. Jerome, Hello, Jerome,
welcome. Yeah, hi Bill,I have an accident last week.
It's a bicycle accident. The bikedidn't stop at the stop sign, so
(07:25):
I hit him and then he gotwent to the surgery everything, and then
now my insurance trying to h theycall this day, trying to settle with
them, which is at my Faulty'smy fault because he just ran through the
(07:47):
stop sign. Okay, by theway, were there any any witnesses to
that, Yeah, yeah, Igot the witnesses too. Okay, you
have the witnesses saying that he blewthrough a stop sign and you had the
right to wait. Yes, okay, So you argue with your insurance company
and you say, I'm not atfault, and I have all of these
(08:09):
witnesses that said the bicyclist blew throughthe stop sign and so therefore I am
not at fault and you can't tagme for at fault. Now if it
turns out, Jerome that they're goingto pay the guy anyway, simply because
you got a car. You havea car, he's on a bicycle.
And you know what it seems likeis you have a car, he's on
(08:31):
a bicycle. So let's put itthis way. The optics aren't fantastic here
even if he's at fault. Butthen you push it, man, you
push it. You say I amnot at fault. I do not want
to be tagged on this one.And you go to a supervisor and say,
I've got the witnesses, do nothit me. Now. They can
(08:52):
settle all they want. They canwrite the guy a million dollars if they
want. What they can't do istag you is at fault if you're not.
Keep in mind, they have aright to write all the checks they
want. So you had what youhave to do is fight the at fault.
(09:13):
And by the way, you're probablygonna lose your insurance anyway, because
that's what ends up happening, becauseinsurance companies are horrible, and they'll give
me the excuse to drop you orraise your premium sky high. But you
just had to even though you're notat fault. Yeah, yeah, yeah,
even though you're not at fault andsay hello, Jodine. Hi.
About six months ago, my friendended up in the er with hives,
(09:37):
really bad case of hives, andthey kept him for a couple of days
on IVS with in his left arm. He came home because his throat was
closing off. He came home andabout twelve hours later, his arm swelled
up like a balloon. He tookan ambulance and had to get an ambulance
back to the hospital where he wasin. I see you for six weeks.
Whoa, I was a nurse.Yeah it was. He died a
(10:01):
couple of times. He's not beenable to work. It's been six months.
But the thing is, I knowyou always say, well, what
did they do wrong? Obviously hegot the bacteria or the virus. They
actually said it was strap but itwas in the site where the IVY was,
so proving that they did anything wrong. That's what I think is,
(10:24):
Yeah, that's going to be acrime. Here, let me tell you
why. I'll tell you what happenedto me. All right, Okay,
twelve years ago, I had aorgic surgery. I had to replace my
aorder and so I had a heartvalve replacement and I needed one. I
was born with a murmur, andso they went ahead and put it in
(10:48):
and it was I did a greatjob. I was at Kaiser and my
surgeon has a phenomenal reputation. Eventhough he didn't speak a word of English.
I got very interesting, to saythe least in any case. So
now we go back a couple ofyears and I have my back blows out
and I have a herniated disc thatjust exploded on me and I had to
(11:09):
literally go into the hospital and haveback surgery. I mean they had to
fix it. I could not walk. They had to fix it that night.
So here I am in the hospitaland I get an infection, and
I get an infection right next tomy spinal column. And by the way,
(11:31):
the two didn't I weren't connected.Thought that was in the hospital.
So what ended up happening. Igot an infection that went to my order
and they had to replace it again. My surgeries were four weeks apart,
major back surgery, four weeks lateropen heart surgery, and I got the
(11:54):
infection. Now you would think thatif I got infection in the hospital that
caused my heart to basically explode whereI needed another valve replacement. They would
be liable, absolutely not, becausepeople get they get infections in hospitals,
it just and they do everything theycan. So the only way you would
(12:16):
establish a case for medical malpractice is, let's say the oar the emergency room
wasn't clean enough. That's pure malpractice. They use contaminated needles, they punctured.
It's almost impossible to prove it's aan infection. That yeah, you're
absolutely right, you called it right. There's nothing there and it's really and
(12:39):
when you look at the damage here, they're astronomical. I mean he goes
in with an arm that's puffed up, so he does the best imitation of
pop Eye you've ever seen in yourlife, and then the icee you and
then that's yeah, it's just gettingan infection. It's just unfortunately, that's
just bad luck. And that that'suh. You know, sometimes stuff happens,
(13:05):
and you don't use the word stuff. Sometimes stuff happens, and it
did to me where I got thesecond time out. I got a second
open heart heart surgery, same surgeonand by the way, he didn't learn
any more English from the first time. But a brilliant surgeon. Seriously not
(13:28):
kidding. Gary, Hello, Gary, welcome, Hey Bill, hold on
me. Oh there you are Bill, Yeah, oh yeah, I know.
It was back in twenty sixteen.Company I worked for, we filed
for a wage back pay, forback pay for overtime and stuff. Wait,
(13:52):
the company filed for it? Companyfiled for it or you filed for
it? No, no, wewent, Yeah, we went. We
went to the labor board. Andthat is hold on, hold on,
Gary, We meaning employees, correctthe employees. Yeah, okay, you
went to the labor board because yourold back pay that the company wouldn't pay
(14:13):
you for theoretically or right, Okay, it's been in litigation ever since.
Wait from ways, for seven years, since twenty sixteen. How does that?
I don't get it. How doyou stay in litigation for seven years?
That one's a wild one. Well, you got you got COVID and
then they've got attorneys there. Wegot to we want to go back there.
(14:37):
That's what that's what the labor boardssaying. And it's it's millions of
dollars. It's millions of dollars ofthe companies fighting, you know. So,
And what I'm trying to say isI'm I've been diagnosed with cancer and
I was I was given back intwenty nineteen, three to five years to
(14:58):
live, Okay, And oh,so you're I'm looking at the so you're
basically not going to make the endof this phone call. Probably not okay,
So I'll make sure job reliasing anyways. But the bottom line is,
do I have any recourse with myto give money to my errors? Oh
you're talking about does that money?Does that back pay go into your estate?
(15:20):
You know? I I think so, I think so. Now I'm
not absolutely sure on that, butpersonal injury, for example, it dies
with the plaintiff if your personal injury. As far as back pay, you
know, I don't know the answerto that. Matter of fact, I'm
going to look it up, andI'm glad I was able to help you.
And by the time I call youback and tell you the answer,
(15:41):
well, you know, you knowwhat can I tell you? Ronald?
Hello? Ronald Hello? Yeah?Well I was married for I am marriage
still for thirty five years. Andthe question is we haven't been together for
twelve years, separate long and gota new girlfriend and everything like that.
(16:03):
We got married in California. Butnow I live in Iowa and we want
to get married, and I don'tknow where to start, having no idea
where next is or soon to beat a hope, And you want to
know how you get divorced? Yeah, what are the first steps I should
take? Okay, that's an easyone, and that is you either have
(16:26):
to find your ex and if youcan't find her, what you have to
do is legally find her, andyou do that by way of publication,
and what you do is published.In other words, you file the divorce
papers and then you take out andadd in. I think they call it
(16:48):
a newspaper or a publication of generalcirculation, which means any crapp ola little
paper that exists. And there aresections in there where people are suing,
and they're suing defendants. In yourcase, you're suing your ex was a
respondent, and that is considered service. I think you have to file it
(17:11):
three times and that is legally consideredservice. And there is no answer because
she's not around. So you geta divorce by default, and then once
that divorce is granted, then youare free to go ahead and marry the
girlfriend. How old are you,Ronald Parmy? How old are you.
(17:37):
I'm fifty nine, actually fifty nine. How old is How old is a
girlfriend? She's fifty A I've knownher since in high school. There's an
interesting Wow, Bill, that's cool, that's cool. Okay, here's the
nose part. I let me giveyou a real quick story here. I
hadn't seen her in thirty five years, and the why she was living home,
(17:57):
that she got spun out on speedand everything is helping her out money.
And then you start talking about herfriend, Jim, what's your lasting?
It's a new lord a long timeago in high school. So I
said, we'll tell everyone to talkto her. So here we are anymore
a small world. Okay, Butanyways, the divorce part is easy,
pas, that's how you do it. You'll have no problem at all.
(18:21):
Now you can do it yourself.Now, you can do it yourself.
This is not a natur it's adefault divorce. Just look it up on
the internet. Uh. Look updefault divorce throwing the uh the search words
uh no defendant can't find defendant uh. And you'll you'll get the information.
Yeah, it's you're gonna do thisone on your own. Not a problem.
(18:41):
Hello, Bob, you're up.Welcome handle on the law. Yeah,
Hi, Bill, I've got thesituation regarding my daughter. Okay,
she has a multiple sclerosis. She'sin a board and care and the she's
(19:02):
she's her mental faculties are deteriorating.Okay, I need some guidance. This
just kind of popped up last nighton a phone call with her, and
I need to number one, havesome guidance on giving the fiduciary. I
(19:23):
think, I think, I don'tknow. Frankly, I don't know why
you need a fiduciary. Let meask you this. How old is your
daughter, Bob? She's fifty seven, Okay, so she's clearly an adult,
and so you it's someone that hasto handle her finances, obviously,
make applications for her, et cetera. And I don't know why you wouldn't
(19:45):
go on and get a conservatorship whereyou just control everything you apply on her
behalf. I'm assuming she is onsome of governmental aid to help with the
board and care or to pay forthe board and care. Are you paying
for her out of pocket? Well, at this point in fact, her
finances are deteriorating rapidly because it's prettyexpensive. Yeah, oh yeah, she
(20:08):
has some disability Medicare. And that'sall okay, all right, so I
got it. So let me giveyou the advice I would do. There
are organizations out there and plenty ofthem that help people in your position.
My guess is, and I don'tthink you need a produciary. I think
you simply have to be have totalcontrol of her body and make the decisions
(20:34):
for her as well as her finances. And no judge will say no that
because it's your daughter, Bob,and so of all the people that are
best to basically take care of her. Also, keep in mind, you're
also in a position to find everysingle governmental program that's out there to help
people like your daughter, to helppeople like you help your daughter. So
(20:59):
just putting, just do the search. Just start putting in incapacitation, put
governmental programs, put in conservatorship andend programs, and you'll get hold of
not only organizations nonprofits that will helpyou, but also the government programs themselves.
(21:21):
And that's what I would do.Is tough, it really is,
and you know, it's how doyou do that? And you're fifty seven
years old and just that's a toughone, that really is. Oh,
I couldn't even make fun of him. Okay, Roger, this one's more
fun to make fun of. Hello, Roger, what can I do for
you? Hey? Bill, Goodto hear from you again, Bill.
I bought a Volks doug and poptop camper twenty five years old, kind
(21:44):
of a classic. Looked beautiful,all repainted. Not much wrong with it
mechanically or anything else except for thelittle kitchen stink has a pump on it
and a flauset that didn't work.So we took it into a local dealer
and have to pick and they pulledthe panel out. It had been invested.
There was a rat. H Okay, there was a mud wasp and
(22:07):
they had chewed through the wires andall right, so what's your what's your
question? The person we bought itfrom, who is a prevate party,
refuses to do anything more about it. Yeah, I don't know if I
would. I don't know if Iwould unless you can prove he or she
knew about it, right. Yeah? Otherwise there's hey, you bought it.
Did he charge extra for the rats? Right? So I want to
(22:30):
put you contact the health's department,right so they can take away your camper?
Okay? Yeah, it doesn't makeany sense. Yeah, there's no
one there to sue unless you knowthat, and they didn't tell you,
and then if they bought it,if you bought it as is, it's
up to you to make the investigation. Uh. Before we go, I'm
(22:51):
going to quickly tell you about Zelman'sbreath. Bit boy, what It's not
just a mint. It's actually abreath freshener and a that you swallow,
and it's tested against the toughest defenders, even garlic and onions. You put
two or three of these in yourmouth and you suck on the minty coating
and then you swallow the capsule andthat is freeing fresh, clean breath for
(23:15):
hours. It is. It reallydoes work. You have long lasting fresh
breath or your money back guaranteed,although you'll never ask for it. The
folks that Zelmans know what they're doing. I've known them for thirty years and
this is the real deal. Youwant fresh breath, and you probably have
very bad breath. I can tellright now, and I'm not even next
to you. Your breath probably prettywell sucks. You can really do something
(23:40):
about it. With Zelmans. Iuse it and have for a very long
time. And so when you startusing Zelmons. People are still gonna hate
you, don't misunderstand, but you'regonna have fresh, clean breath for hours.
That's Zelmons. I'm even using theselittle packages as stuffing stuffers or stocking
stuffers year because there's such neat littlepackages free shipping. If you order three
(24:03):
packs or more, go to Zelman'sz E l M I n S zell
Men's just like it's spelled or likeit pronounced, zell Men's z E L
M I n s dot com.Use the code handle fifteen and that's fifteen
percent off Handle fifteen at zellmans dotcom. Also what to remind you that
(24:25):
I'm still taking phone calls. Ifyou're on hold, stay put because I'll
do it after the show and I'llkeep on going for about half an hour
maybe more off the air, andso I'll take your phone call. And
if you call in after the show, I go through these phone calls so
quickly. Just stay where you are, keep on calling. I'll get hold
of you almost instantaneously. Eight hundredand five two zero one five three four.
(24:52):
This is handle on the law
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Now.I don't know if you've been following the
Trump legal issues. I have,because well, I happen to be a
news not as well as someone whokeeps up with all things legal. And
it's not just former President Trump interms of his legal fees, which are
(00:25):
in the millions. He's got fourmajor cases against him and he has to
defend each one, and he hassome very high end lawyers, well medium
lawyers, because the real high endlawyers have all He said, no,
I don't want to touch him becausehe's toxic as far as they're concerned.
And so it's not just him,Okay, we've just set him aside.
(00:47):
I mean, he's worth billions andhe certainly doesn't have to worry about it
paying his legal fees, although hedoesn't like that. It's the other people
around him, the Rudy Giuliani,the John Eastman's of the world, who
have been part and parcel of hisentire position that the election was stolen,
(01:14):
and I mean a big part ofit, as in filing frivolous lawsuits,
lying about evidence that they had andthey're getting nailed for it, and as
you can imagine, they're racking upmillions of dollars of legal fees. Also,
(01:36):
you've got Steve Bannon, you haveMike Lindell, the my Pillow guy.
He's got enough money, but it'sstill going to cost him millions of
dollars. And I think business hasgone down dramatically since all the major retailers
threw him out through my Pillow,out the door. And so what's going
on? Well, I tell you, all of these allies of former President
(01:57):
Trump are looking at millions of dollarsof legal fees and they can't pay it.
Rudy Giuliani, for example, specifically, and I know someone who knows
him. Well, I know someonewho knows someone who knows him. Let's
go. It's really more secondhand.And this secondhand person has said that Juliani
(02:23):
is really sweating bullets. He usedto have a chunk of money, he
used to have properties as he soldoff, still has an apartment in New
York. I mean, don't betoo sad for him. It's still worth
eight million dollars. But I'm surethat's going to go. And here's the
part that I find fascinating is thesepeople are all true believers. They're prepared
(02:50):
to go down as martyrs. Andformer President Trump, from what I understand
and the information and I'm getting,is ready to let them go down as
martyrs. Now they have gotten somemoney. For example, there was a
(03:12):
fundraiser the former President Trump had forJuliani and that's they raised about a million
dollars. Doesn't even come close tothe amount of money that he owes and
will owe. So lawyers are expensive. I got to tell you, lawyers
are not cheap. The only cheaplawyer is me because frankly, well,
(03:35):
let me put it this way.How much are you paying for my legal
advice? And you're over paying ontop of that. But if you're hiring
me to defend you, it's aproblem, both my problem and your problem
if you have to pay. Allright, let's go ahead and take some
(03:57):
phone calls. Alan, you're up. Welcome to handle on Malai, Alan,
Why we're a long time prescription progressivelenses went in for the annual checkup.
The prescription changed, placed an order, got the new lenses in with
a new optician found after several weeksneeded a magnifying glass or read a book.
(04:20):
Something's wrong return multiple times. Theyadjusted the positioning of the glasses.
They then placed a replacement order fornew lenses. Weeks go by, same
thing happens. Can't read with thelenses, complain document. The visits wind
up going to a second opinion optician. Lo and behold the prescription from three
(04:45):
years ago was still accurate. Theprescription written by the new optician is something
is inaccurate, something is wrong.Confronted them, I'm out five hundred and
twenty dollars, American, can't geta refund, can't get a replacement of
the correct lenses from the prescribing optician. Small Claims Court, What do you
(05:08):
do with glasses you can't wear andyou can't get your money back? Bill?
Okay, let's look at it thisway. Oh you can't look at
it. I'm sorry you can't see. That's an easy Small claims court.
You just bring in the original prescription, maybe a statement from the optician,
but you bring in the original prescriptionand you say, hey, this new
prescription. He took five hundred dollarsfor me. I want my money back.
(05:30):
And what's the problem is going tobe is he's going to say no,
it's a good prescription, and you'regoing to say I can't read and
I'm using my old glasses. Andeven though the second or the first optician
who gave you this prescription that didn'twork is going to say, well,
(05:51):
I'm the expert, you're not yourpositions. Why would I take you to
court? I have the old thisis that I'm using. I think you've
got a decent case. I thinkyou simply put a small claims court on
that one. That's really not hard. And here's the problem. Whenever you're
suing this happened. Whenever you're suingon any medical basis, this one's easy.
(06:14):
What happens is my opinion is Iget how many times have you heard
that? You know? My opinionis the doctor screwed up? And I
always start with okay, the firstthing that's going to be asked is what
medical school did you go to thatyou can give an expert opinion on a
medical issue. I just know,how do you know? And by the
(06:40):
way, you haven't answered the questionwhat medical school have you gone to?
Now, with something like this,it's fairly easy. So if you're talking
about a major medical case, andthis is why I tell people, you
know your opinion means nothing, becauseit really does mean nothing. Unless it's
a major case, ain't going tohappen because medical malpractice is very difficult field.
It's very complicated. You bring inexperts who cost a fortune, and
(07:04):
you really have to have a majorscrew up. Jerome, Hello, Jerome,
welcome. Yeah, hi Bill,I have an accident last week.
It's a bicycle accident. The bikedidn't stop at the stop sign, so
(07:25):
I hit him and then he gotwent to the surgery everything, and then
now my insurance trying to h theycall this day, trying to settle with
them, which is at my Faulty'smy fault because he just ran through the
(07:47):
stop sign. Okay, by theway, were there any any witnesses to
that, Yeah, yeah, Igot the witnesses too. Okay, you
have the witnesses saying that he blewthrough a stop sign and you had the
right to wait. Yes, okay, So you argue with your insurance company
and you say, I'm not atfault, and I have all of these
(08:09):
witnesses that said the bicyclist blew throughthe stop sign and so therefore I am
not at fault and you can't tagme for at fault. Now if it
turns out, Jerome that they're goingto pay the guy anyway, simply because
you got a car. You havea car, he's on a bicycle.
And you know what it seems likeis you have a car, he's on
(08:31):
a bicycle. So let's put itthis way. The optics aren't fantastic here
even if he's at fault. Butthen you push it, man, you
push it. You say I amnot at fault. I do not want
to be tagged on this one.And you go to a supervisor and say,
I've got the witnesses, do nothit me. Now. They can
(08:52):
settle all they want. They canwrite the guy a million dollars if they
want. What they can't do istag you is at fault if you're not.
Keep in mind, they have aright to write all the checks they
want. So you had what youhave to do is fight the at fault.
(09:13):
And by the way, you're probablygonna lose your insurance anyway, because
that's what ends up happening, becauseinsurance companies are horrible, and they'll give
me the excuse to drop you orraise your premium sky high. But you
just had to even though you're notat fault. Yeah, yeah, yeah,
even though you're not at fault andsay hello, Jodine. Hi.
About six months ago, my friendended up in the er with hives,
(09:37):
really bad case of hives, andthey kept him for a couple of days
on IVS with in his left arm. He came home because his throat was
closing off. He came home andabout twelve hours later, his arm swelled
up like a balloon. He tookan ambulance and had to get an ambulance
back to the hospital where he wasin. I see you for six weeks.
Whoa, I was a nurse.Yeah it was. He died a
(10:01):
couple of times. He's not beenable to work. It's been six months.
But the thing is, I knowyou always say, well, what
did they do wrong? Obviously hegot the bacteria or the virus. They
actually said it was strap but itwas in the site where the IVY was,
so proving that they did anything wrong. That's what I think is,
(10:24):
Yeah, that's going to be acrime. Here, let me tell you
why. I'll tell you what happenedto me. All right, Okay,
twelve years ago, I had aorgic surgery. I had to replace my
aorder and so I had a heartvalve replacement and I needed one. I
was born with a murmur, andso they went ahead and put it in
(10:48):
and it was I did a greatjob. I was at Kaiser and my
surgeon has a phenomenal reputation. Eventhough he didn't speak a word of English.
I got very interesting, to saythe least in any case. So
now we go back a couple ofyears and I have my back blows out
and I have a herniated disc thatjust exploded on me and I had to
(11:09):
literally go into the hospital and haveback surgery. I mean they had to
fix it. I could not walk. They had to fix it that night.
So here I am in the hospitaland I get an infection, and
I get an infection right next tomy spinal column. And by the way,
(11:31):
the two didn't I weren't connected.Thought that was in the hospital.
So what ended up happening. Igot an infection that went to my order
and they had to replace it again. My surgeries were four weeks apart,
major back surgery, four weeks lateropen heart surgery, and I got the
(11:54):
infection. Now you would think thatif I got infection in the hospital that
caused my heart to basically explode whereI needed another valve replacement. They would
be liable, absolutely not, becausepeople get they get infections in hospitals,
it just and they do everything theycan. So the only way you would
(12:16):
establish a case for medical malpractice is, let's say the oar the emergency room
wasn't clean enough. That's pure malpractice. They use contaminated needles, they punctured.
It's almost impossible to prove it's aan infection. That yeah, you're
absolutely right, you called it right. There's nothing there and it's really and
(12:39):
when you look at the damage here, they're astronomical. I mean he goes
in with an arm that's puffed up, so he does the best imitation of
pop Eye you've ever seen in yourlife, and then the icee you and
then that's yeah, it's just gettingan infection. It's just unfortunately, that's
just bad luck. And that that'suh. You know, sometimes stuff happens,
(13:05):
and you don't use the word stuff. Sometimes stuff happens, and it
did to me where I got thesecond time out. I got a second
open heart heart surgery, same surgeonand by the way, he didn't learn
any more English from the first time. But a brilliant surgeon. Seriously not
(13:28):
kidding. Gary, Hello, Gary, welcome, Hey Bill, hold on
me. Oh there you are Bill, Yeah, oh yeah, I know.
It was back in twenty sixteen.Company I worked for, we filed
for a wage back pay, forback pay for overtime and stuff. Wait,
(13:52):
the company filed for it? Companyfiled for it or you filed for
it? No, no, wewent, Yeah, we went. We
went to the labor board. Andthat is hold on, hold on,
Gary, We meaning employees, correctthe employees. Yeah, okay, you
went to the labor board because yourold back pay that the company wouldn't pay
(14:13):
you for theoretically or right, Okay, it's been in litigation ever since.
Wait from ways, for seven years, since twenty sixteen. How does that?
I don't get it. How doyou stay in litigation for seven years?
That one's a wild one. Well, you got you got COVID and
then they've got attorneys there. Wegot to we want to go back there.
(14:37):
That's what that's what the labor boardssaying. And it's it's millions of
dollars. It's millions of dollars ofthe companies fighting, you know. So,
And what I'm trying to say isI'm I've been diagnosed with cancer and
I was I was given back intwenty nineteen, three to five years to
(14:58):
live, Okay, And oh,so you're I'm looking at the so you're
basically not going to make the endof this phone call. Probably not okay,
So I'll make sure job reliasing anyways. But the bottom line is,
do I have any recourse with myto give money to my errors? Oh
you're talking about does that money?Does that back pay go into your estate?
(15:20):
You know? I I think so, I think so. Now I'm
not absolutely sure on that, butpersonal injury, for example, it dies
with the plaintiff if your personal injury. As far as back pay, you
know, I don't know the answerto that. Matter of fact, I'm
going to look it up, andI'm glad I was able to help you.
And by the time I call youback and tell you the answer,
(15:41):
well, you know, you knowwhat can I tell you? Ronald?
Hello? Ronald Hello? Yeah?Well I was married for I am marriage
still for thirty five years. Andthe question is we haven't been together for
twelve years, separate long and gota new girlfriend and everything like that.
(16:03):
We got married in California. Butnow I live in Iowa and we want
to get married, and I don'tknow where to start, having no idea
where next is or soon to beat a hope, And you want to
know how you get divorced? Yeah, what are the first steps I should
take? Okay, that's an easyone, and that is you either have
(16:26):
to find your ex and if youcan't find her, what you have to
do is legally find her, andyou do that by way of publication,
and what you do is published.In other words, you file the divorce
papers and then you take out andadd in. I think they call it
(16:48):
a newspaper or a publication of generalcirculation, which means any crapp ola little
paper that exists. And there aresections in there where people are suing,
and they're suing defendants. In yourcase, you're suing your ex was a
respondent, and that is considered service. I think you have to file it
(17:11):
three times and that is legally consideredservice. And there is no answer because
she's not around. So you geta divorce by default, and then once
that divorce is granted, then youare free to go ahead and marry the
girlfriend. How old are you,Ronald Parmy? How old are you.
(17:37):
I'm fifty nine, actually fifty nine. How old is How old is a
girlfriend? She's fifty A I've knownher since in high school. There's an
interesting Wow, Bill, that's cool, that's cool. Okay, here's the
nose part. I let me giveyou a real quick story here. I
hadn't seen her in thirty five years, and the why she was living home,
(17:57):
that she got spun out on speedand everything is helping her out money.
And then you start talking about herfriend, Jim, what's your lasting?
It's a new lord a long timeago in high school. So I
said, we'll tell everyone to talkto her. So here we are anymore
a small world. Okay, Butanyways, the divorce part is easy,
pas, that's how you do it. You'll have no problem at all.
(18:21):
Now you can do it yourself.Now, you can do it yourself.
This is not a natur it's adefault divorce. Just look it up on
the internet. Uh. Look updefault divorce throwing the uh the search words
uh no defendant can't find defendant uh. And you'll you'll get the information.
Yeah, it's you're gonna do thisone on your own. Not a problem.
(18:41):
Hello, Bob, you're up.Welcome handle on the law. Yeah,
Hi, Bill, I've got thesituation regarding my daughter. Okay,
she has a multiple sclerosis. She'sin a board and care and the she's
(19:02):
she's her mental faculties are deteriorating.Okay, I need some guidance. This
just kind of popped up last nighton a phone call with her, and
I need to number one, havesome guidance on giving the fiduciary. I
(19:23):
think, I think, I don'tknow. Frankly, I don't know why
you need a fiduciary. Let meask you this. How old is your
daughter, Bob? She's fifty seven, Okay, so she's clearly an adult,
and so you it's someone that hasto handle her finances, obviously,
make applications for her, et cetera. And I don't know why you wouldn't
(19:45):
go on and get a conservatorship whereyou just control everything you apply on her
behalf. I'm assuming she is onsome of governmental aid to help with the
board and care or to pay forthe board and care. Are you paying
for her out of pocket? Well, at this point in fact, her
finances are deteriorating rapidly because it's prettyexpensive. Yeah, oh yeah, she
(20:08):
has some disability Medicare. And that'sall okay, all right, so I
got it. So let me giveyou the advice I would do. There
are organizations out there and plenty ofthem that help people in your position.
My guess is, and I don'tthink you need a produciary. I think
you simply have to be have totalcontrol of her body and make the decisions
(20:34):
for her as well as her finances. And no judge will say no that
because it's your daughter, Bob,and so of all the people that are
best to basically take care of her. Also, keep in mind, you're
also in a position to find everysingle governmental program that's out there to help
people like your daughter, to helppeople like you help your daughter. So
(20:59):
just putting, just do the search. Just start putting in incapacitation, put
governmental programs, put in conservatorship andend programs, and you'll get hold of
not only organizations nonprofits that will helpyou, but also the government programs themselves.
(21:21):
And that's what I would do.Is tough, it really is,
and you know, it's how doyou do that? And you're fifty seven
years old and just that's a toughone, that really is. Oh,
I couldn't even make fun of him. Okay, Roger, this one's more
fun to make fun of. Hello, Roger, what can I do for
you? Hey? Bill, Goodto hear from you again, Bill.
I bought a Volks doug and poptop camper twenty five years old, kind
(21:44):
of a classic. Looked beautiful,all repainted. Not much wrong with it
mechanically or anything else except for thelittle kitchen stink has a pump on it
and a flauset that didn't work.So we took it into a local dealer
and have to pick and they pulledthe panel out. It had been invested.
There was a rat. H Okay, there was a mud wasp and
(22:07):
they had chewed through the wires andall right, so what's your what's your
question? The person we bought itfrom, who is a prevate party,
refuses to do anything more about it. Yeah, I don't know if I
would. I don't know if Iwould unless you can prove he or she
knew about it, right. Yeah? Otherwise there's hey, you bought it.
Did he charge extra for the rats? Right? So I want to
(22:30):
put you contact the health's department,right so they can take away your camper?
Okay? Yeah, it doesn't makeany sense. Yeah, there's no
one there to sue unless you knowthat, and they didn't tell you,
and then if they bought it,if you bought it as is, it's
up to you to make the investigation. Uh. Before we go, I'm
(22:51):
going to quickly tell you about Zelman'sbreath. Bit boy, what It's not
just a mint. It's actually abreath freshener and a that you swallow,
and it's tested against the toughest defenders, even garlic and onions. You put
two or three of these in yourmouth and you suck on the minty coating
and then you swallow the capsule andthat is freeing fresh, clean breath for
(23:15):
hours. It is. It reallydoes work. You have long lasting fresh
breath or your money back guaranteed,although you'll never ask for it. The
folks that Zelmans know what they're doing. I've known them for thirty years and
this is the real deal. Youwant fresh breath, and you probably have
very bad breath. I can tellright now, and I'm not even next
to you. Your breath probably prettywell sucks. You can really do something
(23:40):
about it. With Zelmans. Iuse it and have for a very long
time. And so when you startusing Zelmons. People are still gonna hate
you, don't misunderstand, but you'regonna have fresh, clean breath for hours.
That's Zelmons. I'm even using theselittle packages as stuffing stuffers or stocking
stuffers year because there's such neat littlepackages free shipping. If you order three
(24:03):
packs or more, go to Zelman'sz E l M I n S zell
Men's just like it's spelled or likeit pronounced, zell Men's z E L
M I n s dot com.Use the code handle fifteen and that's fifteen
percent off Handle fifteen at zellmans dotcom. Also what to remind you that
(24:25):
I'm still taking phone calls. Ifyou're on hold, stay put because I'll
do it after the show and I'llkeep on going for about half an hour
maybe more off the air, andso I'll take your phone call. And
if you call in after the show, I go through these phone calls so
quickly. Just stay where you are, keep on calling. I'll get hold
of you almost instantaneously. Eight hundredand five two zero one five three four.
(24:52):
This is handle on the law
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