Ewbank & Hennigh, PLLC is just like lots of small businesses in Northwest Oklahoma. We are wandering and wondering through this new maze called COVID. Times are unique for sure. Here are some helpful links we’ve found with information and guidance on COVID resources from the FFCRA and the Cares Act:
This guy is lucky his injuries weren’t worse. The driver sped off. Now, he is left to pay for his injuries on his own. What can he do? Call his UM insurance company!
Just the other day I had a client ask me what “UM” insurance is. Really, it’s pretty simple. UM or UIM insurance is uninsured or under-insured motorist insurance. If you are in a wreck and the person who hit you doesn’t have insurance, your UM pays for any injuries you may have. (It does not cover property damage.) In Oklahoma, the law requires your insurance agent offer you UM insurance. If you don’t want to buy it, the insurance company is required to have you sign a rejection where you sign that you don’t want the insurance.
One nice feature of UM insurance is you don’t have to be driving to be covered. The Oklahoma Supreme Court has even said you are covered while sitting on your front porch, if an uninsured driver hits you! With medical bills skyrocketing, the costs involved treating injuries from a wreck can be downright scary! Certain trends tend to repeat themselves. Dangerous drivers seem to be consistently under insured. On the good side, UM insurance is relatively cheap. I’ve seen it save people from insurmountable medical bills or losses from wrecks.
Since this isn’t intended to be legal or insurance advice, give me a call if you have any questions. 580-234-4334.
Worried about your credit score? Hope all the information on your credit report is correct? Are you worried Equifax may give your personal information to criminals?
It seems a little unnerving that the company who you didn’t ask to keep a VERY detailed file of your personal information, such as social security number, address, bank account numbers, and tons of other information, allowed that information to slip into the hands of cyber criminals. That’s right. Hackers gonna hack, and they got into Equifax, stealing more than 130 MILLION U.S. consumers’ private information.
Identity theft can be a HUGE problem. Here’s a real life example. While in law school, my house was broken into. These guys were smart. They stole check books and some student loan papers that had my social security number on them.
We filed a police report listing everything stolen. For the next 6 years we constantly received collection letters for bad checks. Apparently, Pizza Hut and Dillard’s were big favorites of these particular criminals! Each and every time we received a collection letter, we had to forward a copy of the police report and forgery affidavit to the debt collectors. Some of the agencies didn’t believe us and reported it to the credit bureaus. This required us to dispute the negative information with the credit bureaus. This really was a nightmare!
Now, the same information some crook stole from inside my home buried in a sock drawer was stolen from the mega-million-dollar company by some hack in his mom’s basement.
This really can cause problems. Equifax is working to help. To see if your info has been compromised, go to www.equifaxsecurity2017.com. I find it ironic you have to enter your name and last 6 of your social to check it out. Just didn’t really feel like giving that info to the people who already lost it once. Oh well, I did. I found out my info was compromised. Next step? Sign up for Equifax’s “TrustedID Premier” program. It provides credit and social security number monitoring, freezes your account (this is a good thing), and provides $1 million in identity theft insurance.
Here’s the rub. You have to agree to their terms and conditions, which, of course, are written very favorably to them. The biggest concern is losing the ability to join in a class action lawsuit against them for their failure. Still, it’s probably a good idea to sign up.
Here’s another helpful hint: Go to www.annualcreditreport.com to get a free copy of your credit report from each of the three major credit reporting bureaus. If you find any incorrect information, let us know. We can help get it fixed.
Ewbank, Hennigh & McVay, PLLC
Dalen D. McVay of Ewbank, Hennigh & McVay, PLLC has recently been designated as Chairman of the Board for the Greater Enid Chamber of Commerce. After two years as the Education Chair for the executive committee of the Chamber, Dalen is excited to step up and serve in a greater capacity. “Our firm is committed to being active in the community and serving on boards and committees. With offices in Fairview and Laverne, Enid is the place we’ve all chosen to make our home. We’ll continue to do all we can to make Enid an even greater place to reside.”
Below is a copy of Dalen’s letter which was published in the Greater Enid Chamber of Commerce’s July newsletter.
Coming from a small town in the Panhandle, I thought Enid would be “too big.” My wife is from Edmond, and she feared Enid would be “too small.” Instead, we love it here and Enid is the place we’ll retire. It’s a good sized town with a small-town feel. We are truly blessed to be able to raise our three kids in such a wonderful community. I’m honored to serve as the Chairman for the Greater Enid Chamber of Commerce for the 2017-2018 year. After serving two years on the Chamber Executive Committee, I’ve seen many benefits the Chamber is able to provide to its members and the local community. I look forward to not only furthering my commitment to the board, but to Enid as well. Each year the Chamber publishes a three year “strategic plan.” Some of the main focuses this year are on: Supporting education and workforce development throughout the local community; Supporting Vance Air force Base; Promoting state and federal legislative initiatives that benefit Enid and Northwest Oklahoma; And support Enid’s retail market share through programs and expansion. With the help of the community and especially the Chamber members, the Greater Enid Chamber of Commerce will continue to enhance the quality of life in Enid and keep Enid thriving.
-Dalen McVay, Chairman of the Board
Can I file this in Small Claims Court? People ask that question a lot when considering filing a lawsuit.
Recently, Governor Mary Fallin signed Senate Bill 661. This bill increases the limit of Small Claims cases from $7,500 to $10,000. The bill is effective November 1, 2017.
Still have questions about the right way to file a lawsuit, give us a call. Our lawyers handle cases of all sizes.
Ewbank, Hennigh & McVay, PLLC covers all of Oklahoma and travels extensively through Northwest Oklahoma representing our clients.
If you haven’t guessed it – yes, we’re referring to EHM. We’ve spent years perfecting our craft, developing our team. And now, it’s time to expand our northwest Oklahoma law firm even more.
We’re currently hiring for an associate attorney with zero to five years of experience. So if you just finished law school and passed your bar exam, you’re in luck. Even if you’ve been practicing law for a bit – we can promise you’ll enjoy the culture around here.
Applicants must be motivated and be willing to work in a variety of capacities. It comes with the territory of working in a law firm. Additionally, we ask that you’re detailed, task-oriented and of course – able to play nice with others.
If your goal is living and working in God’s country (legally defined as the territory north of HWY 51 and west of HWY 81), we’d love to visit with you. Our ideal candidate is seeking gainful employment and experience working in oil and gas title work, family law, legal research, writing and litigation.
Sound like something you’d enjoy? Good. In addition to our awesome work atmosphere, we also provide benefits. Yeah – now we’ve definitely got your attention. To learn more about the position or to apply right away (come on, we know you want to), contact us at firstname.lastname@example.org.
Ewbank, Hennigh & McVay, PLLC would like to formally extend an invitation to join our firm. While we have not conducted a formal background check, we rest assured your background will prove acceptable. As you may have heard, Ewbank, Hennigh & McVay, PLLC is a law firm headquartered in Enid, OK with an office in Laverne. These may not be the large metropolitan areas in which you are most familiar practicing law, but we believe we can offer a much more intellectually “upright” experience.
A little about us. The founding partners, Andrew “Drew” Ewbank, Kaleb Hennigh and Dalen McVay, each grew up in small towns in Northwest Oklahoma. After law school we each decided this part of the world is the best place on the planet to raise our kids. We formed this firm 6 years ago, officially opening on this day, May 11, in 2011. Since that time we have maintained absolutely NO contact with Russia. That should be a relief. North Korea is certainly turned on to our influence, and tried to hack our server, offering many millions of dollars through the use of a spoof email. However, our IT security is top-notch. North Korea’s attempts were thwarted quickly and effectively. Our server is located on premises. Neither Drew, Dalen, nor Kaleb have a server at home. We each use our @northwestoklaw.com email domain for all firm business. As far as we are aware, none of our employees have ever met on the tarmac of an airport with any clients. In the interest of full disclosure, we have bumped into clients at the airport in Vegas, but we are not allowed to speak of the encounter.
From a philosophical point of view, you will not have to navigate wildly different political views. We each identify simply as Americans. We want what is best for our clients regardless of the “R” or “D” or “L” or “I” or “G” appearing after their names on their birth certificates and found in blood type geno-mapping. This certainly allows us to practice with a focus on the issues, not on making ideologues comfortable in their own choices.
Coming from the US Attorney’s Office and the FBI, we think you will find our criminal practice area most rewarding. Many of our criminal clients are hard-working, good people who have either made a mistake, and take responsibility for that mistake, or are people who are subject to honest, but unintentionally over-reaching, prosecution of local prosecutors. This will be different from working with and investigating narcissistic politicians. The scale of our clients’ cases is such that you will not have to worry about the many and well-connected “friends” coming after you for each and every decision you make.
However, we have a hard and fast rule: We do not, ever, speak of our clients cases in the middle of an investigation. “Media narrative” is rarely an element in our cases, so this should be a non-issue.
EHM offers competitive salary package, including paid vacation, IRA matches, health insurance, and a fun working environment. We understand our salary offer may not match that of your prior positions. However, we structure our associates pay in such a way to highlight and encourage production of quality work for our clients. Unlike government jobs where your pay is held down by artificial tiers focusing on time of service, the sky is the limit here. Imagine the excitement of your earnings being determined on your great work product, not how long you have used the same government issued stapler!
We look forward to working with you, please contact us directly to arrange your plans for arrival here in the office.
You’d be surprised to learn that medical liens are fairly common. A lien is a demand for repayment that may be placed against your personal injury case. If you’re the victim and have filed a lawsuit to recover the cost of medical bills, your medical providers may be able to file a lien against your settlement proceeds.
So, what exactly is a lien?
There are several types; hospital liens, physicians liens, ambulance companies can even file liens… To put it simply, liens ensure doctors, hospitals and other healthcare providers get paid for their services. These liens are similar to other types of liens in that they secure payment of a debt or obligation. An injury caused by a third party that requires treatment is subject to a medical lien if the provider doesn’t get paid for their services at the time of treatment. This happens any time a third party causes injury and medical bills and does not pay right away.
Here are several major types of liens you need to watch for:
Medical Provider and Hospital Liens
In some cases, hospitals are entitled to file a lien for repayment. Most often, this is conducted through a letter that you sign — stating you submit to a lien against your settlement, or because a statute in Oklahoma law allows a lien to be filed for their services.
From there, the hospital must follow several steps:
The lien must be filed in the county clerk’s office in the county where the hospital is located, and must be filed prior to payment of any money to the injured person. The lien requires the amount claimed, name and address of the hospital, name and address of the injured person, the date of the wreck of injury, and name of the liable party.
The hospital then must mail, by registered or certified mail, a copy of the notice to you and the person liable for causing your injuries. If the hospital doesn’t follow these two steps, their lien may not be enforceable.
Worker’s Compensation Liens
If you’ve been injured in a work-related accident, a lien may be issued if your medical bills and lost wages have been paid through your state’s fund. This lien includes the amount that worker’s compensation paid for your case.
Health Insurer Liens
A health insurer lien, which is contractual, comes from your health insurance policy. So, if your lawyer settles your cause, they can’t disburse any money to you until the health insurer has been reimbursed first.
If the government paid for any portion of your treatment, they have a right to get reimbursed if you recover money from the other party. Some programs like Medicare and Medicaid have different rights when it comes to liens, so it’s best to consult your lawyer.
Here’s a quick overview:
Medicare: This lien derives from federal law and is automatic. If your lawyer settles the case, money can’t be dispersed until Medicare is reimbursed out of the settlement fund.
Medicaid: If you receive health insurance through a state agency
If you are receiving health insurance benefits through a state agency, that is most likely a Medicaid claim. Federal and state law gives the state agency the same automatic lien on your case as Medicare has.
These government liens can have super priority, meaning they have much better protection, for the government, to get paid back. Mishandling these liens can have serious implications.
What Happens If You Ignore the Lien?
If there’s one thing you don’t want to do — it’s ignore a lien. You and your lawyer could get sued and consider your rights to future health insurance or benefits jeopardized. In some cases, ignoring a lien may even result in a criminal offense.
So, conclusion? Don’t do it. Trust us, calling a lawyer and navigating the process correctly is the wisest way to receive the best return.
Don’t Panic, Here’s What You Need to Remember.
Clients will call, upset because a hospital or doctor has filed a lien. Most often, this fear stems from the belief that the lien attaches to their property (like a home mortgage) and ruins their credit. Something to keep in mind is the lien only attaches to the proceeds of the settlement. It doesn’t attach to homes, cars, or other property. These liens don’t affect your credit. It simply is the amount owed that will come out of funds paid by the liable party.
This is a complicated nuisance to personal injury law. This is why it’s important to hire a knowledgeable and experienced attorney to walk you through the process. Most often, attorneys can even find ways to reduce or eliminate the lien.
So before you ignore it, give EHM a call. We’re always here for you when you (or someone else) wants to get out of line.
Wind turbines are quickly assembling all over the state of Oklahoma. If you have been approached by a wind energy company regarding land usage and leases, you should have your lease reviewed to ensure that it contains provisions to protect you as a landowner and is in line within the quickly developing and changing standards set forth by Oklahoma lawmakers. Wind energy leases cover a broad range of topics; leasing land, creating easements, restriction land use, future demolition of turbines, and the list goes on. To ensure you are making the right decision, we have created a list of three things to consider when negotiating wind turbine leases.
1. Land Usage
Generally, while the wind turbines for a commercial wind project only use about three acres of land, 60 acres of land for megawatt is required. This buffer is to preserve wind flow, but you’ll need to make sure the lease clearly and fairly states your rights to use the land for farming, grazing; hunting or other purposes – and that you agree with them.
Most likely, the lease will prohibit the addition of structures that would affect wind flow over your property including barns, houses, and even trees. Make sure that you understand these obligations as well.
2. Time Frame
The expected life of a wind turbine is 25 years, but leases can range anywhere from 20-50 years and typically include a renewal provision, extending the lease further. Make sure that you are aware of this period and consider your estate plans when you are discussing the lease.
Since you are giving up control of your land, you will want to make sure you are fairly and justly compensated. Usually, land lease payments are fixed payments based on acreage, towers or megawatt capacity, or are royalty payments based on a percentage of gross revenue, and acreage included within the project. Additionally, they can be a combination of the two. Make sure you’re clear with your desires while understanding theirs.
Even though this industry is relatively new, we have lawyers that are experienced in this area. They can provide competent information regarding leases, land use, and landowner’s rights. With the wind industry expanding, we can help you navigate your options and remedy your issues, just give us a call at 580-234-4334 or contact us here (http://northwestoklaw.com/contact-us/).
Custody disputes often occur during children’s breaks from school– spring break, summer break and holiday breaks. Issues arise because when parents aim to spend more with their children and struggle to follow the custody layout.
Change is difficult, especially for children. Here are five tips to help avoid arguments and successfully co-parent.
1. Communication is Key
Plan drop-offs and pick-ups ahead of time. Review every detail and make it a goal to overcommunicate in these situations. They’ll help eliminate any misunderstandings moving forward. Set a time and place where you’ll meet and follow through on those plans. The more things are communicated beforehand, the fewer arguments there will be when exchanging the children. Additionally, make sure to go over any medications the children need to take, any schedules they need to follow, or any activities you need to take them to. This will shift the exchange to the child’s benefit.
2. Be Realistic
Custody agreements can be difficult for every person involved, parents and children alike. It is important to be realistic with your time, finances and your situation. Make sure there is always a plan set in place for visitations that fit your lifestyle — and that you can accommodate long visits from the children.
3. Involve Your Children
Although the last call will always be with the parents, making sure your children understand what’s happening and are involved in the communication process is important. Make sure they know when they’re going to be with the other parent and when they’re going to come back. Talk to them about any questions or concerns they may have and eliminate any stress that your children may be having regarding the custody agreement.
4. Make it About Your Children
Many times, custody agreements many times stem from resentment in the marriage but have nothing to do with actual parenting. Divorce can be very hard on children. The more you make decisions about them rather than the emotions, it makes the decision-making process a little easier. If your children are going to a safe and happy home environment with their other parent, you have to allow them to enjoy their time together as well.
Smiling during the exchange of your children reassures them that you are okay with them being with the other parent. The more your children feel you’re okay with the arrangement, the more they will be okay with it as well. Divorce is extremely difficult and it can play a toll on the kids, but making sure you are doing your best to make it easy for them will go a long way.
What other tips do you have to co-parent? Share your ideas and stories with us below in the comments and give us a call with any questions.