Stolzenberg Cortelli - January 2022

Stolzenberg Cortelli - January 2022

January 2022

Serious Lawyers for Serious Injuries

Why We Fight The Story of One Client’s Struggle

In May, we settled a personal injury case for several million dollars. That’s a lot of money, and we were proud to win it for our client. At the same time, it’s a sad story about an accident that never should have happened — and it exemplifies what so many workers go through every day to make a living. Our client was a painter who was hired to do some work on an elevated subway line, painting the steel structure that supported the train tracks. He needed to use a hydraulic lift to reach the area, but the machine they gave him wasn’t working properly from day one. When raising the platform he was standing on, the hydraulics would randomly stall, and he’d have to fiddle with the controls to get it working again. He immediately brought the issue to his supervisors’ attention but was told not to worry about it. Rather than providing him with a new lift, they told him to keep playing around with the controls until they worked. Feeling he had no choice, that’s what our client did — and the results were tragic. One day, the lift stalled. As he was trying to correct the problem, the machine suddenly reactivated and jutted forward. Our client became pinned between the lift and the train trestle. He could have died; thankfully, he managed to free himself and lower down. But he was badly injured. His life would never be the same again. Leave Us a Review! When you create a Google review, you provide comfort and guidance to someone in need of legal support. Google reviews are a powerful way for us to help more people, and we would like to thank those who have left one for our team. In particular, we want to highlight G.B., who created a great review. Check it out for inspiration! “I injured my leg and had to have surgery. The surgery did not work, and I have permanent loss of use in my leg. I was referred to StolzenbergCortelli to help litigate the case. During COVID-19, they were still working hard to secure a positive outcome, and we settled for a large sum that will help me pay for my future medical bills and provide peace of mind. “I strongly recommend StolzenbergCortelli! They aggressively protect their clients while also maintaining kindness and professionalism. I’m proud to have been able to work with the team and thank them.” –G.B.

Our client required back, neck, and hip surgery. Though he was more than 20 years away from retirement age, he has not been able to return to work since the accident in 2013, and he probably never will work again. He used to make a good living, but the accident destroyed his health and livelihood. Eventually, it ruined his marriage, too. The truth is that he was injured because no one cared about his safety — they just wanted the work done. Then, he was called a liar, and his employer blamed him for his injuries. Before the accident, the only choice he’d been given was between his safety and his paycheck. In effect, they told him to do his job or don’t get paid. Countless people face the same dilemma every day. The wheels of justice too often turn slowly, so it took a few years to get him the compensation he deserved. COVID-19 certainly did not speed up the process. In addition, our client first sought representation from a large New York City firm, thinking they would give him the type of representation he deserved. But he soon found out that his case was just one of many in that firm. And, that firm did not seem to be pushing his case at the speed for which he had hoped. A good family friend told him about StolzenbergCortelli LLP and how we had helped him in a similar case. We took over the case and immediately took a very aggressive stance in the litigation. From the time we met him until the time the case was resolved, we watched the many hardships he endured. People see a large settlement in the papers and think, “He’s rich!” But, our clients and their families and friends know better. They know that the settlement money is going to fund the ongoing care he’ll likely need for the rest of his life. No one who saw what he went through to win that award would ever think of making the same trade. The money cannot make up for what he lost. This is only one case, but it reminded us of why we do what we do. At StolzenbergCortelli LLP, we fight for people who have been abused and discarded. Though we can’t give our clients back everything they’ve lost, we can help them find justice and more secure futures.

1 –Howie & Terry

www.StolzCortLaw.com | 914-361-4888

HOW TO KEEP NEW YEAR’S RESOLUTIONS For Real, This Time New Year’s Eve has come and gone, and now that the champagne is finished and the decorations are put away, it’s time to buckle down and work on those New Year’s resolutions. The only problem is ... your resolutions for this year and last year are the same. Change is tough, so you’re not alone in being unable to stick to your resolutions. This year can be different, if you want it to be. Here are some tips to keep you on track. Have a specific goal. Many resolutions are vague — along the lines of “exercise more” or “eat healthier.” That’s too ambiguous to inspire motivation, and vagueness leaves room for excuses. Make your goal more concrete, so you can measure your success. Specific goals could include going to the gym three times a week, being able to bench a certain number of pounds, or only indulging in fast food once a month. Make your goal realistic — if it’s too drastic or difficult, it’s easier to give up. Have a plan. Bad habits are hard to break, so change won’t come about naturally. It’s important to consider how you’ll structure your day around your resolution and what obstacles you might face. When will you go to the gym, and what will you do if that time gets interrupted? How will you plan meals to avoid spontaneous drive-thru visits? Write down what you want to accomplish and all the things that might stand in your way. Then, figure out how you’ll deal with them before they happen. Start small. On Jan. 1, you’re probably enthusiastic about your resolution and ready to hit the ground running. Not so fast — doing too much too soon is a classic mistake. It’s okay to be excited, but working out until you’re sore all over or constantly eating salads you hate will turn your resolution into a chore that you’ll want to avoid. Start with light workouts or replacing some of your carbs with veggies. Once you get the hang of that, you’ll be ready to scale up slowly.

The Truth Behind the 99.6% Conviction Rate Understand the Fifth Amendment — And Use It It’s the job of the criminal defense legal system to ensure that those accused of crimes get fair treatment — so it may or may not shock you to learn that 99.6% of federal criminal cases have convictions, as of 2019. An important factor to remember is that a great majority of cases are handled or dismissed in lower courts.

But what happens if you’re innocent and your case gets to the federal level? Should a 99.6% conviction rate worry you? Perhaps.

Why Conviction Rates Matter

A high conviction rate might seem like a source of comfort to an ordinary person. That means criminals are being put away for what they’ve done, right? Not always. Innocent people can be convicted, and it happens more often than you think. According to the Innocent Project, about 4% of federal convictions imprison innocent people. In state prisons, the percentage varies widely from 1%–10%. If you’re ever at the wrong place at the wrong time, you’d want to know you had a chance to prove your innocence. But proving innocence is complicated, too.

The Fifth Amendment: An Innocent (and Guilty) Person’s Best Friend

Over the past few decades, the Fifth Amendment — or the accused’s right to stay silent and never testify against themselves — has been slightly politicized by politicians and even judges speaking against it. However, as a constitutional right borne from an era of war and political misjudgment, it exists for a good reason. The truth is simple: Most people don’t understand that speaking to a law enforcement officer will usually result in their being accused of a crime, regardless of their innocence. Even if you tell the truth, the most well- intentioned police officer can still easily construe your words to point toward your guilt. Whether you’re guilty or innocent, you deserve fair treatment. To ensure the best results in your case, always direct police officers to your attorney. This puts a heavier burden on the government to make a case against you. This year, take on another resolution to never feel guilty for using your Fifth Amendment right! It’s one of the best things you can do as an American citizen. Not every country allows it!

Using these guidelines, you’ll make lasting changes that extend beyond February. Get 2022 started off on the

right foot, and next year you’ll be ready to make a whole

new resolution — and keep it.

2 www.StolzCortLaw.com | 914-361-4888

BRINGING BACK A LOST ART Your Guide to Writing a Thank-You Note

KnowWhen a Note Is Needed. You should strongly consider sending a thank-you note any time you receive a gift, but they are particularly expected after big events like weddings or showers. It’s also good form to send a note whenever someone has done you a big favor or hosted you at their house. Professionally, thank-you notes should always be sent after job interviews. Notes should be sent as soon as possible, ideally within one month of the gift or event. Use Paper. It may seem old-fashioned, but that’s exactly what makes it special. In fact, the Ask Your Target Market survey found that 72% of respondents thought handwritten notes were more meaningful than electronic ones. Even if your handwriting is messy, your recipients will appreciate the personal touch. Exceptions apply for thank-you notes sent after job interviews — due to time sensitivity, these are best sent via email. Be Specific. Especially when you’ve got a large stack to get through, it’s pretty tempting to write the same note over and over again, changing only the salutation. Don’t give in! While it’s fine to have a template, recipients will recognize when the note you sent them is generic. Be sure to mention exactly what you’re thankful for (not just “the gift”) or how you plan to use the gift. Now, you’re ready to let people know how much you appreciate them in a way that’s both simple and classic. Your family, friends, and colleagues will be impressed, and who knows, you just might start a trend.

A 2019 survey by Ask Your Target Market showed 80% of respondents appreciate receiving thank-you notes — but only 22% of respondents report regularly sending them. That’s a pretty big discrepancy. During the holiday season, you probably received several gifts and may have been hosted at a family member’s house, so now is the perfect time to revive the dying art of the thank-you note. If it’s been a while since you last wrote one, fear not. Here’s everything you need to know to get started.

Take a Break

Deep-Fried New Year’s ‘Cookies’

Inspired by MennoniteGirlsCanCook.ca

Ingredients

• 2 tbsp yeast • 1/2 cup water, warmed • 1/2 cup and 1 tsp sugar, divided • 5 eggs, beaten • 1/4 cup butter, softened

• 2 1/2 cups milk, warmed • 1 1/2 tsp salt • 4 cups raisins • 7 cups flour • 4 cups canola oil

Directions

1. In a large bowl, combine yeast, water, and 1 tsp sugar. Wait 10 minutes. 2. Stir in remaining sugar, eggs, butter, milk, and salt. 3. Fold in the raisins and flour. Cover the bowl with plastic wrap. Let the dough rise for an hour. 4. In a high-sided pot or deep fryer, heat canola oil to 340 F. Line a plate with paper towels. 5. Drop a rounded tablespoon of dough into the oil. Fry until golden brown, then set aside on the plate. Poke the cookie with a toothpick. If the toothpick comes out clean, it’s cooked through! 6. Repeat until the batter is gone.

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Inside This Edition

2 1 Why We Fight for Our Clients

Stick to Your Resolutions — For Real, This Time Why the Fifth Amendment Is So Important

3

The Lost Art of the Thank-You Note Deep-Fried New Year’s ‘Cookies’ How to Stay Warm This Winter

4

You’re Not a Snowman So Don’t Feel Frosty

Winter is here, and the cold has settled in. You’ve gotten out your fuzzy slippers and put on an extra sweater, but maybe you still can’t shake that chill. Before you crank up the heat again, is there anything else you can do to keep warm? Here are a few ideas you can try! Use the sun. While winter brings plenty of cloudy days, the sun is still known to make an appearance. When it does, open your curtains wide and let the natural heat fill the room. Just be sure to keep that warmth inside by pulling the curtains closed when the sun goes down.

layering your blankets properly: Fluffy layers go right over the sheet, and dense layers go on top to provide a thermal barrier. To up your game further, get a hot water bottle and leave it under the sheets for 20 minutes before you climb into bed. No hot water bottle available? Spend a couple minutes running a blow- dryer over the sheets instead. With these tips, you’re ready to have your warmest winter ever — without racking up your highest energy bill. Catch some rays, snuggle up, drink some water, and remember that spring will be here soon enough.

Bonus tip: Park your car facing the sun! It will be warmer when you get in, and you’ll have less snow and ice on your windshield.

4 www.StolzCortLaw.com | 914-361-4888 Keep your bed cozy. No one wants to go to sleep shivering, so your bed should ideally be the warmest place in the house. You can achieve this by Stay hydrated (the right way). Did you know that your body is able to retain heat better when you’re hydrated? That’s just one more good reason to ensure you’re drinking enough water. But you should be wary of hot beverages like coffee and tea. Though they make for a great hand warmer and temporarily leave you feeling toasty, caffeine restricts your blood vessels and makes it harder for your body to stay warm. Similarly, alcohol feels warm going down, but it both increases perspiration and lowers your core body temperature.

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