Friedman & Simon Injury Lawyers - June 2022

Friedman & Simon Injury Lawyers - June 2022

LEGAL BRIEF

JUNE 2022 FriedmanSimon.com 516-800-8000

LISTENING: A LAWYER’S MOST IMPORTANT SKILL HOW GOOD COMMUNICATION AFFECTS CASE OUTCOMES

That might seem like a wild claim, but the truth is that every case starts with building relationships and trust. It’s no secret that

it’s important to keep asking the questions that others have stopped asking.

Regular communication matters. Clients ask many important questions, and being in the industry for over 10 years, I have a lot of experience with what our clients can expect. But it doesn’t mean anything if I can’t communicate well with my clients. Injury claims deeply affect a person’s future and even their family’s future. It’s expected that clients might ask themselves, “Does my attorney know what I need most? Can I trust them to guide me?” Sometimes, clients won’t talk about all their hardships to an attorney — and it’s the attorney’s fault because they never asked! Details you might not expect can be crucial in a court argument to a jury, but it’s impossible to get details without empathy or listening. Without close communication or trust, clients and lawyers alike struggle to get the best case outcome. If you’ve read this far and learned anything, its that effective communication is crucial in our practice. Whether its teamwork between attorney and paralegal, or paralegal and client, or attorney and client, it all helps make it possible to connect on a deeper level with clients and often inspire comfort and courage. Pursuing a claim can make anyone anxious. Thank you so much to all of our paralegals as well as our clients — being able to communicate what may even feel like embarrassing emotions and being empathetic to the struggles helps our shared cause of obtaining the best possible outcome not only monetarily, but in terms of the future of the clients after the injury case is done.

people can have difficulty trusting lawyers. It doesn’t help that, nationwide, one of the most common complaints about law firms is that it’s difficult to get in touch with an attorney. I’m very lucky that our entire team at Friedman & Simon are devoted to changing this expectation. We want our clients to know what to expect from day one — and we want to be there for them every step of the way. Part of that is maintaining good communication. “It’s no secret that people can have difficulty trusting lawyers. It doesn’t help that, nationwide, one of the most common complaints about law firms is that it’s difficult to get in touch with an attorney. I’m very lucky that our entire team at Friedman & Simon are devoted to changing this expectation. We want our clients to know what to expect from day one — and we want to be there for them every step of the way. Part of that is maintaining good communication.” I like to plan to keep in touch with my clients regularly. If I know a client is going through something, I make sure to reach out. If a client reaches out to me, I make sure to get back to the client, even if it’s just for to ask about their lives and how they are handling their adversity. When I might be swamped with paperwork or stuck in court or a hearing all day, we have dedicated paralegals who are tasked with calling clients on a regular basis to maintain open lines of communication. How are they feeling? What do they need? Do they have any questions? Are you sure you don’t have any questions? We know it’s not easy to recover from an accident. For us,

I’m lucky to say I get plenty of pleasant surprises at my job. I recently settled a case for a long-time client who was excited to settle after years of treatment, injections for pain, and a surgery. Afterward, my client, who happens to be a Bengali chef, told me, “I want you to come to my home so I can cook a meal for you and my family to celebrate.” This meant a lot to me for two reasons. First, (and perhaps most importantly) trying new foods and learning about new cultures is what life is all about. Second, I was his lawyer for several years, talking often, and his kind offer reminds me of why good, empathetic communication isn’t optional as a personal injury lawyer — it’s fundamental. June is Effective Communications Month — the perfect opportunity to write about how important communication is in our line of work. After a traumatic accident, family members, friends, and distant relatives may reach out to our clients and ask them, “How are you feeling? Do you need anything?” They may ask our clients these same questions for a week, or even a month. But, as months go by, people in the extended circle forget to ask. Meanwhile, our client is still dealing with their injury and medical treatment. Many times, they start to feel alone in the context of the journey of their case. Our clients’ isolation and loneliness don’t go away easily. Their recovery and claim may take years to resolve at times. However, excellent communication can help completely change a client’s experience and even the outcome of their case.

P.S. The Bengali food was spicy and delicious!

-John G. Papadopoulos

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NAVIGATING UNFORESEEN HARDSHIPS IN A CASE My Insurance Is Bankrupt!

Meet the ‘Financial Feminist’ Tori Dunlap Helps Women Save

Several years ago, a client of ours was a passenger in a car accident, and though she had already had a history of injuries including receipt of disability benefits, her accident worsened her preexisting conditions. When a person has preexisting injuries, it is often important to obtain old medical records and compare them to post accident medical records. In the early part of this case, we wanted to position it to maximize the client’s recovery in as quickly a manner as possible, especially considering the extra medical records that needed to be reviewed, and knowing this was a case we probably needed to take to the trial calendar before we could fairly resolve.

A woman stands in front of a camera. She says, “I will have over $30 million by the time I retire, and I’m only 27. Let’s talk.”

Would you watch the rest of that video? If so, you might want to join the many people who already follow Tori Dunlap ( @herfirsk100k ) on Instagram and TikTok. By age 25, Dunlap had saved $100,000 thanks to financial advice from her parents — and she turned that process into a business. She launched Her First 100K, a financial coaching service for women, and became a viral success on social media. The Guardian newspaper calls her “the TikTok feminist saving people from debt” and Forbes puts her at the center of the “FinTok” (Financial TikTok) movement. She’s been featured on the “Today Show,” Business Insider, TIME, and BuzzFeed since launching her business in 2019. So, what is she doing right? 1. She knows her demographic . Dunlap talks directly to people just like her: millennial and Gen Z women fighting an uphill battle against the patriarchy and suggestions that deprivation is the only way to save. “I’m never going to shame people for their oat milk lattes or blame their brunch habits for not being able to buy a home,” Dunlap told Forbes. Targeting such a specific demographic is a smart strategy because she can tailor her message and marketing dollars just for them. 2. She’s social media savvy. Dunlap jumped on TikTok early, and she plays the algorithm game on both TikTok and Instagram well. By using reels, trending soundtracks, and humor, she makes her social media presence “engaging, entertaining, and actionable,” as she put it to Forbes. 3. She’s not afraid to get personal. On her podcast “Financial Feminist,” Dunlap shares details about her childhood and opens up about her own struggles with money and sexism. This transparency helps convince her fans that she’s the real deal, and because she feels like a friend, they stick around and use her services long term.

Then, one of the two car insurance companies involved went “bankrupt.”

Although New York State provides a Liquidation Bureau for these kinds of situations and steps in for the bankrupt insurance company, there is typically a one year pause before you can do anything about it. So, we waited. Then immediately after we resumed with the case, COVID-19 hit. Suddenly, the courts were closed, and while we could resolve other cases that didn’t need a trial, cases like this one ended up stuck in limbo as no trials were being scheduled. Finally, in 2022, we received a trial date, which helped us get to a mediation, where the defense would finally have to decide, will they risk a large verdict, or try to settle the case. At mediation, we were able to negotiate from zero dollars up to $750,000, leaving us with a tough decision. After four surgeries and years of waiting, our client agreed to wait a little bit longer, walking away from the guaranteed money in the moment with the hope that a better deal might be reached, and the possibility that if a deal is not reached, that we will go to trial. As of this writing, we are finalizing trial preparations, waiting to see if a deal that works for everyone can be reached. It is rare for cases to take more than a few years, and many cases can be resolved within the first year, but at times, a curveball is thrown out of our control and it is necessary to set expectations of a long journey ahead. Having these conversations may be crucial for maintaining morale to know that there is a light at the end of the tunnel, even in those rare cases that get stuck with a bankrupt insurance company like this one did. Many factors affect the time it takes to receive payment for injuries following the negligence of another. What is the coverage? What are the injuries? Are there prior injuries? Who was negligent? Every case may have a slightly different process, but rest assured the team at Friedman & Simon has seen it all and will walk our clients through what to expect. If you ever have concerns about the timeline of your case, don’t hesitate to give us a call. We’d be happy to update you and answer every question and concern you may have!

To learn more about what makes Dunlap tick, visit HerFirst100k.com.

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Unlock Your ‘High Performance Habits’ AND GAIN LONG-TERM BUSINESS SUCCESS!

the help of your local library, you can start learning his secrets to success without paying a cent.

It takes multiple keys to unlock each habit. For example, to demonstrate courage, Burchard says you must “share your truth and your ambitions” by telling someone about your goals every day. But that alone isn’t enough. To truly form the habit, you also need to reframe struggle and zero in on

In “High Performance Habits,” Burchard recommends six specific habits that will help you

someone worth fighting for — whether that’s your team, your clients, or your children. “High Performance Habits” is a business book, but it’s also a personal development book. It will force you to dive deep into your strengths, weaknesses, and motivations to unlock your real high-performance potential. You can use it to fit more tasks into a day, increase your confidence,

Did “Atomic Habits” by James Clear change your life in 2018? Was “Tiny Habits” by BJ Fogg one of your top books of 2019? If you’ve read those two bestsellers, you’re a step ahead of most entrepreneurs. But you might still be sleeping on one of the original books on the power of habits, which is packed with gems you can’t find anywhere else: Brendon Burchard’s 2017 read “High Performance Habits: How Extraordinary People Become That Way.” Brendon Burchard is a legend in the world of personal development coaching. Oprah.com called him “one of the most successful online trainers in history,” and more than 2 million people have taken his online courses. But with

reach your personal and business goals. He calls this the HP6 model.

1. Seek clarity. 2. Generate energy. 3. Raise necessity. 4. Increase productivity. 5. Develop influence. 6. Demonstrate courage.

As you can see, these aren’t your basic healthy habits like

or become a better leader — whatever your business needs!

“drink water” and “get eight hours of sleep!” Burchard calls the first three “personal habits” and the last three “social habits,” and in the book he uses real-life examples to explain each habit. He also offers daily exercises that will help you form them.

Pick up a copy today to see why Andrew Burns of Medium calls this “the epitome of a book that needs more than one read.”

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Now here’s the big question: How do you convince another company that it’s in their best interest to partner up with you and start shoveling leads your way? The answer is easier than you think. You do it for them first. There’s a reason why Business Network International (BNI), an organization that describes itself as “the world’s leading business referral organization with over 286,000 Members in over 10,600 BNI Chapters worldwide,” advises that “in 2021 alone, BNI Members shared over 12.4 million valuable new client referrals and generated over $18.6B (USD) in revenue ... Givers Gain® is not only a great way to get business; it’s an even better way to do business,” which is why BNI has made it their principle core value in their networking organization. BNI says, “Givers Gain … applies to everything, including business! To build a referral partner relationship, start by sending a referral (or something else of equal value) to the business you’re chasing. They’ll be grateful, and pretty soon, a simple quid pro quo will turn into a lifelong partnership.” This referral marketing strategy isn’t quick or effortless, but it is powerful. Start leveraging it now, and one day, wannabe referral partners will beat a path to your door to fill your pockets.

Sweet and Spicy BBQ Chicken Skewers Inspired by RecipeRunner.com

Summer is here, and you know what that means: It’s time to break out the barbecue and meat skewers!

For the Marinade • 1 tbsp olive oil Ingredients

Directions

1. In a bowl, whisk together marinade ingredients. 2. In a reusable freezer bag, combine cubed chicken and all but 1/4 cup of the marinade. 3. Seal bag and massage marinade into the chicken. Chill in the fridge overnight. 4. The following day, preheat the grill to 400 F. Thread chicken and pineapple onto skewers, adding two cubes of chicken for each cube of pineapple. 5. Grill the skewers for 3–4 minutes per side, brushing with the reserved marinade in the final minutes. 6. Serve over rice or with your favorite barbecue sides!

• 2 tbsp soy sauce • 2 tbsp chili garlic sauce • 2 tbsp rice vinegar • 3 tbsp honey • Juice of 1 lime • 3/4 tsp smoked paprika • 1/2 tsp salt For the Skewers • 2 lbs chicken breast, cut into bite-size cubes • 1 small pineapple, cut into 1-inch cubes

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INSIDE THIS ISSUE 1 2 3

How Does Communication Affect My Case? Meet TikTok’s Favorite Money Expert When Will My Case End? Read This Book to Boost Your Performance Sweet and Spicy BBQ Chicken Skewers Our Secret Referral Marketing Strategy

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PSSST … WANT TO KNOW A SECRET? THE REFERRAL MARKETING STRATEGY NO ONE TALKS ABOUT

Let’s get right to the point: There’s no better lead than a referral lead. When someone refers business to you, that customer will likely convert faster, spend more, and stay with your company longer. In business, that’s a triple play for your company! Of course, you probably think you’ve tried every referral marketing strategy under the sun. Asked your customers for referrals directly? Check. Handed out referral cards? Check. Created a referral

the time, big companies don’t need to use them. That’s because they have a better tool in their back pocket that many solo entrepreneurs and small businesses overlook: the referral partner. A referral partner is another business that serves the same customer you do. If you’re a lawyer, that person might be a couples counselor, an urgent care doctor, or a real estate agent. If you’re a dentist, they might be a pediatrician or even a neighborhood association

It is almost impossible to overstate the power of the referral partner model. Imagine you’re a divorce lawyer in California. According to the Bureau of Labor Statistics, there are 32,620 marriage and family therapists in the Golden State. Say you put your marketing to work and build a referral relationship with just 40 of those therapists. Some of them start sending you 100% of their clients who want a divorce. Others send you 50% of those clients. How much more money do you think you would make in a year? Let those dollar signs dance in your head for a second! This is how the big boys, like Infusionsoft, do business. More than 50% of their new customers come from referral partners who have built recommending them right into their client process.

incentive program? Check, check, and double-check!

head! The key is that these people have already found your future clients and provided them a service. They’ve gained their trust, and if you play your cards right, they’ll pass that trust on to you.

These are tried- and-true strategies,

but the truth no one talks about is that 99% of

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