Friedman & Simon Injury Lawyers - July 2022

Friedman & Simon Injury Lawyers - July 2022

LEGAL BRIEF

JULY 2022 FriedmanSimon.com 516-800-8000

HOW LISTENING CAN TRANSFORM A CASE

Last month, my colleague John G. Papadopoulos, Esq., wrote about the importance of listening in being a good lawyer. I also think that listening is extremely important in the lawyer-client relationship. This month, I’d like to share some of my thoughts on this crucial subject. When people think of lawyers, they often think of arguments — even dramatic ones. They hear the “Law & Order” theme song start to play or Jack Nicholson cry out, “You can’t handle the truth!”

listening leads to unexpected and valuable case information.

We want the best for our clients. Even after we’ve represented them, I want our clients to feel confident in their future and to have peace of mind to the greatest degree possible. Sometimes, I catch details of a client’s life that don’t affect our case, but I realize our client may benefit from legal guidance from a different kind of lawyer. A client with a serious illness may share that they are anxious about the future of their family. I may reply, “Hey, I don’t do wills or estate planning, but I know someone who does.” Listening to clients on a personal level can make all the difference. Insurance companies are very formulaic: “Shoulder surgery is worth X amount of dollars, so that’s what you’re going to get.” But the human side of an injury, in many instances, changes things. Even if shoulder surgery is valued by a particular insurance company at a certain amount, a client could be a new mother who can’t hold her baby due to her injury. Maybe her husband had to take over the feedings since mom was in too much pain. This can be a heartbreaking lifestyle change for a mother and can impact the value of the case. Where insurance carriers see claims to be adjusted, we see people who have put their trust in us to help them with life-changing problems. In honor of World Listening Day on July 18, I hope everyone can take a minute to appreciate the silent, powerful effect of listening. As a personal injury lawyer, listening to my clients brings a smile to my face much more than some people might think.

For example, a client may tell me they stopped treating even though they are still in pain as a result of the accident injuries. I will then ask questions and listen carefully to the reply. Maybe they are not treating because they don’t have transportation, or the facility is too far away, or perhaps they didn’t like the treating facility. Taking the time to listen allows us to take steps to address the problem. Perhaps they need assistance choosing or arranging transportation to a new treatment center, or perhaps they need a referral to a case funding company to help with living or extraordinary medical expenses until the case is over. Other times, the client’s description of pain helps us discover additional injuries — in fact, there are times the initial injury isn’t actually the primary injury of the case at all! A client’s shoulder pain a few days after the accident might actually be more severe than the back pain they sought treatment for on the date of the accident. Listening allows us to spot these issues and assist the client in finding medical attention that fits their specific needs. While these are just a couple out of an infinite number of potential problems that can arise in a case, the general principle applies. Careful listening facilitates problem solving. If a law firm doesn’t listen carefully and pay special attention to every single client, these important details could go under the radar for an extended period of time. This is a disservice to a client, and we work very hard to make sure that never happens. It all starts with listening.

Here’s the truth: Every attorney’s job should start with listening to their client.

There are lots of ways to “listen,” but there are few ways to make a client truly heard. The best way I can explain what I am describing is by using a common dilemma many partners face at home as an example. Sometimes, my wife wants me to help her solve a problem. Other times, she just wants me to listen. To an extent, even as a practicing attorney with years of experience, deciding when to be a problem solver and when to be a silent, meaningful listener can make all the difference in my developing a deeper understanding of who my client is as a person. Listening, patiently and carefully, often reveals important details about a client’s case and provides valuable insight into a client’s needs and goals. I might’ve been hired to solve a client’s legal dilemmas, but I never lose sight of the larger context. Our firm was retained during a very painful and devastating time in our client’s life. Because of this, I always want to hear each client’s full, detailed, and uninterrupted account of the accident and how it has changed their life. In many cases, such

-Michael J. Mills

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HOW WE PROVED LIABILITY IN A RECENT CASE Slipped in a Messy Grocery Store?

Hey friends, Michael here. You may know that slip-and-fall and trip- and-fall cases involve accidents on a property where the owner can be held responsible for dangerous conditions in and on their premises. When we talk about premises cases, you may think of more permanent defects or hazards like broken sidewalks … but this type of case can actually include temporary hazards like spills, too. Let’s start with evidence. There are two ways we prove a property owner is liable for a slip-and-fall case. The first way is proving they had actual notice. In other words, the owner, directly or through an agent, knew the slipping hazard was there: Someone reported it, and the owner didn’t do anything about it. In such a situation, the owner had actual notice. But what if you slip in a grocery store and you can’t prove the owner actually knew of the dangerous condition? Then, we try to prove a reasonable property owner should have known of the dangerous condition — this is called constructive notice. In New York, a property owner has a duty to keep the premises reasonably free of obvious defects and other dangerous conditions — even temporary conditions like spills. In a recent case, someone spilled juice in a grocery store aisle, and my client slipped on the spill. We have video evidence of the juice spill as well as my client slipping, but there was a gap in the video footage between the two events — was the gap one minute or 30 minutes? The Defendant grocery store denied any actual knowledge/notice of the spill. However, we were able to weaponize the footage gap during the deposition of the Defendant

grocer. Defendant witness could not account for the lost time in the video — the witness could not testify as to how much time had passed between the spill and our client slipping. Moreover, we were able to press the witness to admit the grocery store has no inspection practices in place to document the last time the particular aisle was cleaned or inspected by its employees. This meant the Defendant could not argue the spill was present for so short a time as to be considered unreasonable for the grocer to spot it and clean it. Grocery stores have a responsibility to keep their stores clean. A store that only cleans and inspects aisles at closing and before opening usually is not enough to overcome a constructive notice claim. In depositions, I always ask about the store’s inspection and cleanup practices. If I question the store manager and find out they check their aisles every 15 minutes and keep logs or checklists for each day’s inspection, then it might be considered a more reasonable time frame, and a Court may not expect the grocer to have caught the spill before the accident. However, in our line of questioning in this particular case, we were able dismantle the Defendant’s ability to claim it did not have constructive notice of the spill. This led to significantly more negotiating power and more compensation for our client. Before you assume a terrible fall is just bad luck and nothing can be done about it, please give us a call. If there is a way to win the compensation you deserve, we are determined to find it.

Leaving the nest can be tough for young adults. There are so many things to remember, like making sure they have all the right supplies and remembering to keep important paperwork. So, before your child heads off to college, help them strengthen these three skills. HOW TO ASK FOR HELP Being capable starts with understanding what you need and asking for it. By having your child order their own food at a restaurant, make medical and dental appointments for themselves, and check out at the supermarket alone, you’ll be helping your child develop independence while encouraging them to take the lead. HOW TO SEAMLESSLY GET FROM POINT A TO POINT B When your teen leaves the house, they’ll be traveling on their own on a bus, on a plane, by car, and by foot, so they’ll need to understand how to navigate airports, subway stations, bus hubs, and roads. Ask your child to give you directions when describing how to get to the mall or have them even drive you there if they are licensed. This will reduce stress during solo travels, and they’re less likely to feel overwhelmed if plans unexpectedly change. HOW TO HANDLE EMERGENCIES When children are fairly young, they learn how to call 911 in the event of life-threatening and serious emergencies. But other emergencies tend to pop up in life that don’t necessarily warrant a call to the police. Show your child how to put on a spare tire, turn off utilities, patch a hole in clothing, and other basic but necessary skills so they don’t panic when something goes wrong in their dorm room or on the road. As a parent, it’s your job to teach your children the right skills to set them up for success and independence so they can take care of themselves when they finally go off on their own. Ready to Succeed 3 Important Life Skills to Teach Your Teen

-Michael J. Mills

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Kids look forward to summer vacation all year long, but it often only takes a few days before the “I’m bored” whines begin. It gets worse; many kids will happily spend months staring at their devices, wasting time they’ll never get back. So, how do you get children active and keep them entertained? MAKE A SUMMER BUCKET LIST. It even happens to adults: We blink, and the season is over. All those things we “meant” to do somehow end up having to wait another year (or more). Don’t let that happen to you or your kids this year. Make sure everyone gets their fill of summer fun by making a list of can’t-miss activities. Include staples like visiting the pool or the zoo — but also entertain ideas about backyard crafts and water balloon fights. Don’t forget to incorporate plenty of things the kids can do at or near home. The next time they’re bored, point them to the list and urge them to complete one of their activities. ‘Mom, Dad, There’s Nothing to Do!’ KEEPING KIDS ENTERTAINED THROUGH SUMMER

tables over summer break. (Though, if you suggest it, they might find something else to do very quickly!) What interests do your kids have? Whether it’s firetrucks, dinosaurs, fashion, or something else

entirely, they have countless opportunities to learn more through your local library or the World Wide Web. You don’t have to restrict them to book learning, either. Your kid might love the opportunity to try countless hobbies like sewing, sculpting, or even gardening. CAMP CLOSE TO HOME. Most kids love the outdoors, and they’re easily distracted by a bit of novelty. You don’t have to travel far to enjoy nature — you just need a backyard, a tent, and some sleeping bags. The prospect of spending the night outside will sound thrilling to most kids. If you have young children, make it a family affair with a campfire, roasted marshmallows, and songs. Let older kids invite some friends for a unique sleepover, complete with flashlight tag and scary stories. Summer will be over before you know it, but you and your kids can have more to show for those months — and great memories, too! Forget about “I’m bored,” and prepare yourself for a new mantra: “When can we do that again?” SUDOKU

LEARN SOMETHING NEW. Hear us out — this is designed to be fun. The goal here isn’t to make your kid memorize multiplication

Healthier Hot Dogs With Slaw Inspired by RachaelRayMag.com

Craving a healthy dog for National Hot Dog Month? We’ve got you! Follow our recipe for a dog packed with protein, fiber, and vitamins. (Serves 8)

Ingredients

Directions

• 2 tbsp vegetable oil • 1 green apple, peeled and diced • 1 red onion, thinly sliced • 1 small head red cabbage, cored and shredded • 2 tsp ground cumin • 1 tbsp grill seasoning • 3 tbsp apple cider vinegar • 2 tbsp maple syrup • 8 organic chicken sausage links • 8 whole-wheat hot dog buns, toasted

1. In a large skillet over high heat, warm the vegetable oil. Sauté the apple, onion, and cabbage and toss until wilted. Season with cumin and grill seasoning and cook for 10–12 minutes, until tender. 2. Add the vinegar and maple syrup, then toss to combine. Cook for 1 minute and set the slaw aside. 3. On the grill, cook your chicken dogs according to the package instructions. 4. Assemble the works, starting with the bun and piling in the chicken dog and slaw.

5. Dig in! For an extra health boost,

serve with grilled summer vegetables.

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Good Listeners Make Good Lawyers Teen Life Skills When Are Grocery Stores Liable for Falls? Beating Summer Vacation Boredom Healthier Hot Dogs With Slaw Don’t Rely on Profit to Measure Success INSIDE THIS ISSUE 1 2 3 4

BUSINESS IS A NEVER-ENDING GAME HOW DO YOU PLAY THIS INFINITE GAME?

“The Infinite Game” by Simon Sinek is among the greatest motivational books you can get your hands on. He gives readers an inside scoop on the importance of adopting an “infinite mindset” while “playing the game” of business. Let’s look at some of the chapters that can help you and your business. CHAPTER 1: BUSINESS ISN’T A FINITE GAME The first chapter discusses why running a business isn’t a finite game. It focuses on how profit and income aren’t the only ways to measure success. Profit means nothing if you’re unable to survive current and future difficulties. This is why business is an infinite game — you don’t want to create something to “win” (finite); you want to build a foundation that will remain for future generations (infinite). CHAPTER 2: ESSENTIAL PRACTICES Sinek explains the strategies you need to play the infinite game. These skills include developing a “just cause,” creating trusting teams, studying your rivals, preparing for flexibility, and showing courage to lead. He follows up with examples of companies that embody all five

of these principles: Victorinox, the creator of the Swiss Army knife, Bill Gates and Microsoft, and the GPS company Garmin.

CHAPTER 5: BUILDING A CULTURE OF TRUST A healthy work culture is based on trust. If your workers sense a lack of trust, that affects efficiency, since no one will feel comfortable voicing their concerns or mistakes. Ford Motor Company is a perfect example. Before 2006, the now-former CEO would reprimand and penalize workers who brought him bad information. This caused an unhealthy work environment and led to lower productivity. Sinek offers tips on how to create a culture where your employees are comfortable and confident. “The Infinite Game” teaches you that business is an endless game where you have to overcome many challenges. Successful businesses play the infinite game, constantly improving the business to become better.

Sinek provides tips, solutions, and examples of how your business can thrive while playing the game. To get your hands on “The Infinite Game,” visit your local bookstore or online retailer.

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