Author: Mike Fleischner

JGL President, Paul Riekhof, announced that Lacey McMullan has been elevated to Senior Counsel.

A zealous plaintiff’s advocate with a passion for social justice, Lacey is a seasoned attorney with extensive experience litigating civil rights cases in federal court, including lawsuits alleging police misconduct and violations of detainee/inmate rights under 42 U.S.C. Section 1983. She is also experienced in employment litigation including lawsuits fighting federal and state wage and hour violations, as well as age, race, and gender discrimination and hostile work environments. Additionally, Lacey also practices in False Claims Act whistleblower litigation, class actions and appellate practice.

Lacey received a J.D. from Vanderbilt University Law School and dual B.A./B.S. degree from the University of Florida.

In an article published in the April issue of Washington Parent, Paul Riekhof discusses how parents can ensure their children are provided for in the event of an untimely death or incapacity.  

Riekhof explains the process of selecting guardians to take on the parental role for children if their parents pass away. Guardians will make the living arrangements as well as the health and education decisions for the children. A guardian will also help children manage any money they make through work, receive as an inheritance, or acquire from other means.

Diving into the financial aspect of estate planning, Riekhof explains that estate planning is crucial for parents to ensure their financial assets are managed and protected for the benefit of their children. He discusses the various types of trusts and the importance of creating the right trust to control asset distribution, including protecting against remarriage or creditors, and safeguarding the family’s future.

Riekhof notes that parents of young children should use trusts to ensure their assets are used responsibly until their children are old enough to manage them independently. He also discusses certain circumstances that might prompt a parent to take a different approach, such as wealth that raises concerns about generational estate taxation, children with incapacitating conditions, or concerns with how children are living their lives. Each of these situations may call for a different tactic.

Riekhof concludes by explaining that making a thoughtful and comprehensive estate plan is one of the greatest gifts parents can give to their children.

Read the full article “Estate Planning for Parents: What You Need to Do to Protect Your Family’s Future.” (PDF)

Accidents can leave a path of disaster in the form of property damage, bodily injury, emotional injury, financial losses, and death. For people injured, and the families of those injured, dealing with this trauma is a process on its own.

The moment before the impact, during the impact, and the moments after can be shocking, terrifying, and painful. Victims may be scared, confused, and angry, and recovery takes time. There are no shortcuts to treatment. Some injuries may take months or years to recover from depending on the severity of the injury, pre-existing health conditions and how compliant you are with treatment.

Accidents and Settlements Cannot Be Compared

• Each accident claim is unique and requires a unique approach.
• No two injuries are absolutely identical.
• It is impossible to compare the same injury on one person to the same injury on another person.
• Pain is a subjective measure and will manifest differently in everyone.
• People heal at different rates and times; treatment cannot be predicted.
• Accident settlements are unique and predicated on a number of factors including the type of accident, modalities of the accident, speed and force, age and health of different people, and severity of the injury, to name a few.

Seek Medical Care Immediately After an Accident

Not all injuries are visible immediately. Make use of the services of emergency medical personnel at the scene. Follow their advice for evaluation and transport. Many times, pain and symptoms of concussion, whiplash, and spinal injuries may take hours, days, or even weeks to appear. The longer you wait to receive medical care, the higher risk you have of injuries worsening and requiring more extensive treatment and recovery. Some untreated conditions, such as concussions or internal bleeding, can be life-threatening or cause permanent brain damage. Even if you do not seem to be in pain, it is a good idea to see a doctor for a checkup. Prompt medical care is the cornerstone of prevention, ensuring injuries are managed correctly from the outset, and the path to recovery is as smooth as possible.

If recommended by EMS, allow for transport to the nearest emergency room where triage will assess the urgency of your situation and prioritize your case based on the severity of your injuries. Diagnostic testing can be performed that will provide the doctors with a clear picture of your internal state. Doctors can then formulate a treatment plan to address your individual health concerns. Many times, the emergency room doctor will provide a referral to another type of doctor or ask that you follow up with your primary care physician.

Find the Right Injury Doctor

Your primary care physician (PCP) knows your medical history and may be able to provide you with a referral to a specialist who is able to treat common accident injuries such as whiplash, concussion, soft tissues injuries, burns and fractures. You will also want to consult your health insurance plan for a list of providers who may be covered by your insurance or “in network.” Treatment with a specialist may be the next step to recovery.

Follow Your Prescribed Treatment Plan

This is possibly the best advice of all. Treatment and healing may be a long and slow process. The most effective way to ensure a good recovery, in the shortest timespan as possible, is to follow the prescribed treatment plan as laid out by your medical doctors, specialists and treatment providers.

It seems easy; however, this may prove much more difficult than it sounds as treatment generally involves:

• Taking time off work and limiting your normal daily activities to allow your body time to heal
• Taking all medications as prescribed
• Participating in physical therapy
• Performing therapist-recommended exercises at home
• Setting and attending follow-up appointments with your physician

Yes, it takes time. Give the recommended treatment program a chance to work. Results do not happen overnight, or even in the first weeks.

If after participating in treatment, you feel that parts of your treatment plan are not benefiting you, feel free to speak with your doctors or medical practitioners to discuss alternatives.

Do not just stop a treatment or treatment plan. Discuss alternative treatment options and recommendations with your medical provider.

Set Yourself Up for Successful Healing

Get adequate rest. Sleep and rest are crucial components of the recovery process. Sleeping increases blood flow to your muscles, which leads to tissue and muscle repair and growth. Sleep may also reduce levels of stress, which will aid in reducing internal inflammation. Take time to rest so your body can heal. Do not push too far, too soon.

Manage your pain. Injuries may cause pain for days, weeks or even months after an accident. Pain affects people in a multitude of ways including anger, hopelessness, frustration, and lack of energy and motivation. Pain may inhibit your ability to participate in physical therapy and you may need to take other steps to help your recovery. Speak with your doctor to find ways to manage your pain — suffering through it in silence will only hinder your progress. Doctors may recommend taking over-the-counter pain medications, using hot or cold compresses, massage, stronger prescription strength pain killers, or other pain treatment options.

Exercise and eat a healthy diet. Exercise will help you to regain full range of motion, flexibility, balance and endurance. Regular movement will keep your muscles from becoming stiff and weak and help to reduce pain and inflammation following an injury. Follow your doctor’s recommendation for safe exercises. Eat a nutritious diet of whole, fresh foods with plenty of vitamins and protein to help repair damage. Try to eat regular meals even on days when you are feeling pain as food provides good fuel and allows you to feel stronger and more energetic.

Surround yourself with a good support system. Family and friends can lift your mood and make sure you are motivated to follow your treatment plan. Your friends and family may also assist with transportation and activities of daily living.

Depending upon the circumstances of your accident, you may want to consult with a professional counselor or advisor. It is normal for a traumatic incident to cause anxiety, depression, or PTSD throughout the healing process. You may want to seek out counseling services, support groups and community mental health resources to provide a safe space to share experiences, learn coping strategies and find solace with others who understand.

Be patient. Recovery from your injuries may be a long and slow process, which can prove frustrating at times. You may feel setbacks or feel as if no progress is being made. Follow your doctor’s treatment plan; everyone heals at a different pace, depending upon your age, health, and severity of the injury. One size does not fit all, so do not compare yourself to anyone else. Following the prescribed process gives you the best chance to get back to the activities of life which you enjoy.

Documentation and Record Keeping of Your Treatment

Your treatment path is a story of your recovery. This story can be told through medical records, and oral or written testimony. The paper trail begins in the emergency room or wherever you receive your first medical treatment following the accident. It is critical to keep records of all the doctors you have received care from and the dates of service.

Accurate and comprehensive documentation of a patient’s treatment is the best way to manage post-accident health care. The records you and your doctor keep are a chronological account of treatment, progress, milestones, and challenges along the way to recovery. These records can also be communication between your various health care providers to ensure continuity of care, along with providing a tangible history of your treatment, which is invaluable in any legal matters related to your accident.

Be aware, your doctor’s medical records are a standard format with a minimum detail of your injury and treatment. For your benefit, keep a notebook, log or electronic file containing important dates and milestones that occur during your treatment, including those items not normally found in medical records, such as the following:

• Property damage pictures and videos from the scene, which can serve to emphasize the severity of your injuries.
• A record of dates when you felt any new symptoms or injuries, additional to those first reported.
• If you did not immediately seek medical care within three days, document the injuries that were seen or felt at the time of the accident.
• Record any additional injuries that you felt or began to feel in the week(s) after the accident.
• Write down and document some of the reasons why you did not seek immediate medical treatment. For example, if you tried rest, ice and over-the counter medications, or if you had family emergencies, include these in your notes. Be sure to account for any lapse of more than two weeks between treatments.
• Calendar the dates when you noticed you began to feel better, or dates when symptoms or pain stopped for a specific injury or symptom
• Record all dates missed from work and the date returned to work.

Understanding the Costs of Delaying Treatment

There may be many reasons why individuals do not seek medical care immediately after an accident. Some of these reasons may be financial resources, lack of time, work or other family dynamics. However, delaying a medical review can be a gamble with high stakes.

Some injuries cannot be seen immediately following accidents, including internal injuries, fractures, brain injuries or organ damage. Not seeking prompt medical care may seem like a cost-saving measure, but it can lead to extremely high costs in the future. Conditions left untreated can worsen in complexity leading to more extensive and expensive medical treatment and may lead to chronic and permanent conditions.

If your injuries appear to be very mild, you may feel comfortable going home, resting and taking over-the counter medication. But if you do make this decision, please be aware you have recently been in an accident. If new symptoms arise or existing symptoms worsen, be sure to see your doctor or seek emergency assistance as soon as possible.

In terms of managing your medical care, a long delay between the date of the accident and initial medical treatment can prove detrimental to your health and to your insurance claim. Reporting injuries more than two weeks after an accident may cause doctors and insurance adjusters to doubt the relationship between your injury and your accident. The more remote in time the accident is, the more chance there may be of an intervening event having caused your injury and not the original accident.

Remember the Legal and Insurance Implications

Accidents may leave you feeling disoriented, confused, or in shock; however, if you are aware of the situation and you are able, the moments following an accident can be crucial for health reasons but also for legal and insurance considerations. The photographs, witness statements, reports and medical records created by your providers become the bedrock for any future claims or settlements. These records are also invaluable for personal injury law as they can significantly influence the outcome of legal proceedings or insurance negotiations and could be critical to ensure justice and compensation for your injuries.

Seek out the services of a well-respected and highly qualified personal injury attorney in your area who can help you navigate through your treatment path and guide you along to ensure you have the information necessary for any legal or insurance claim.

Get the facts. Get educated.

Paul Riekhof has been named to The Daily Record’s 2025 Estate & Trusts Law Power List. The Power List showcases Maryland’s power players who are leading key organizations, creating change, impacting the community, and engaging others to succeed.

Selected by The Daily Record’s editorial team, with input from knowledgeable members of the community, the attorneys on the list are among the most influential and respected practitioners in the estate and trust law sector in Maryland. 

Managing director of JGL, Paul has more than 25 years of experience in representing individuals, families and businesses in matters including estate planning, probate, trust administration, estate tax planning, business planning, guardianships, and estate litigation matters. Clients rely on Paul for counsel addressing complex structures, tax liabilities, asset protection, and potential litigation issues. He specializes in strategic wealth preservation planning and trust administration.

Learn more about Paul on The Daily Record’s website.

In an article published in the March issue of Washington Parent, Lindsay Parvis explores common mental health provider services utilized during separation, the legal aspects of a family breakup and an introduction to mental health privilege.

Parvis states that when parents break up, a family is faced with major life changes, and individual family members and even entire families may begin to receive services from one or more mental health providers. She explains mental health privilege, which is the right to decide to keep certain information confidential, “off limits” and out of court in contested litigation.

Privilege can be waived, Parvis writes, which would allow disclosure of privileged information to the other parent and used as evidence at trial, but privilege laws vary by jurisdiction. Maryland, Washington, D.C., and Virginia all have different laws about privilege, so it’s important to meet with a lawyer who understands each.

Parvis concludes by stating that parents who are separating must consider what’s in the best interests of their children from both the legal and the mental health perspectives when they’re going through life changes. However, they also must understand how the two intersect, particularly when mental health information is not privileged.

Read the full article “Mental Health Confidentiality During Separation and Divorce” (PDF) for more information.