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LEGAL BRIEF
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APRIL 2024 FriedmanSimon.com
FROM CASE FILES TO CALM STRESS-RELIEF TIPS FROM A BUSY ATTORNEY
Life as an attorney can be action-packed, and between the daily emails from the courts and a slew of different due dates running through my head, it’s essential to find calm in the chaos. This April is National Stress Awareness Month, and the topic resonates with me since I’ve been actively working on my own anxiety management! Finding ways to recognize your anxieties before they become full-blown stressors doesn’t take a lot, and it can bring significant benefits to both your personal and professional life. PHYSICAL ACTIVITY One of the most helpful ways I’ve found to de-stress is by maintaining an active lifestyle. I’m not saying you or I need to go to the gym every day and work out a crazy amount of time. What’s important is just getting your body moving on a regular basis. My mood calms with simple activities like stretching or walking outside. When you engage in physical activity, really connect with your body and try not to think about all the different tasks you need to get done. READING I enjoy reading just for fun, and the mental stimulation it provides is a great way to unwind from a busy day. Many of the books I read have nothing to do with work. They are simply entertaining stories and give me something to focus on. It can be easy to let our minds wander into mental to-do lists, but when we turn the pages of a good book, our brain has less opportunity to drift into stressful thinking. BEING IN THE MOMENT My mind tends to constantly fast-forward to thoughts of what’s next. Embrace being in the moment. Instead of hyper-fixating on the coming work week or your big travel plans a few months out, prioritize what you can do now. By taking a step back, you can better accomplish your goals. It’s so important to manage your time in this way so your list of goals and responsibilities doesn’t feel like it’s too big to handle. WRITING I believe in the power of putting things down on paper. When you jot down what you need to accomplish, it lets you step back and look at it objectively. Your duties can run wild in your mind and feel overwhelming. But, if you write it out, you can focus on one thing at a time. I’m a huge
fan of to-do lists. I receive emails daily, and things are always going on in the office. It’s a lot of stimulation at once. Creating to-do lists helps me organize my thoughts and fight the urge to start thinking far ahead.
TAKING TIME As busy professionals who care deeply about the mission, finding time for oneself can be challenging. It’s common to feel guilty about doing things just for us, but when we care for ourselves, we can help others better. Make an effort to be aware of what you need and make time to get all the things you have to get done in your own life. I used to be horrible at making doctor’s appointments. I convinced myself I didn’t have time, but you must set aside the hours to tend to your needs. It’s not selfish to do this, so don’t feel guilty. Focus on your health and being mentally and physically happier.
Everyone gets stressed sometimes, but if you practice self-awareness and use some of these tools to de-stress, you can push past the
anxieties and keep moving forward. Focus on one thing at a time. And trust me, crossing off tasks on your to-do list is such a rewarding feeling!
-Victoria Noto
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When bringing a claim for personal injury, it should come as no surprise that the state of one’s body is at issue. Specific injuries must be claimed to specific body parts. Once injuries are clearly claimed, defendants in an action are entitled to have the plaintiff examined by one or more of their doctors, also known as an independent medical examination (IME). There are several important factors to take into consideration concerning independent medical examinations. There is a distinction between a liability IME and a No-Fault or Workers’ Compensation IME. A No-Fault IME is an examination set up by the insurance company paying for your medical treatment due to your involvement in a motor vehicle accident. A Workers’ Compensation IME is due to your involvement in a work-related accident. Conversely, a liability IME is an examination scheduled at the request of the defendant(s), regardless of the type of accident. There are different rules when it concerns rescheduling an IME. A No-Fault IME can only be rescheduled once, and there are harsh rules regarding the non- attendance of an IME. The rules about rescheduling a liability IME are more relaxed. However, continued non-attendance and rescheduling of a liability IME without any reasonable excuse can result in the dismissal of your case. The defendant(s) are entitled to request more than one IME for the party claiming injury. For example, if there are claimed neck, back, and limb injuries, the defendant(s) can request an examination by a chiropractor and an orthopedic doctor. If there are mental health injuries claimed, a defendant may request an examination by a psychologist or psychiatrist. The performance of these examinations is not limited to physicians, and in certain circumstances, a party claiming injury may have to be examined by a non-physician. For example, if there is a claim regarding inability to work due to injuries from an accident, the defendant(s) can ask to have the party claiming inability to work be examined by a vocational rehabilitation expert. A party claiming injury may be examined by the same physician of a specific specialty multiple times. These instances include when an injured party received surgery and had been examined before the surgery. The defendant(s) is entitled to have an injured party re-examined solely related to the body part that underwent the surgery. A GUIDE FOR PERSONAL INJURY PLAINTIFFS Inside Independent Medical Exams
Photo: Stephane Cardinale - Corbis/Corbis via Getty Images
The Fountain of Youth is a spring said to provide its discoverers with eternal youth. And some celebrities must have found it because they haven’t aged a day since entering the spotlight. These popular icons are remarkably youthful, weathering the sands of time with mysterious grace. CHARLIZE THEREON (48) – Denying that she’s ever gotten plastic surgery, the South African actress from Johannesburg has aged like fine wine ever since her debut role in “The Devil’s Advocate” in 1997. She has since starred in spectacular films like “Mad Max: Fury Road” and “Atomic Blonde,” becoming one of the world’s most successful and highly-paid actresses. GABRIELLE UNION (50) – The activist, actor, and novelist is as radiant in 2023’s “The Perfect Find” as she was in 1993’s “Family Matters.” She was listed on Time’s 100 Most Influential People of 2020 for her integrity in the face of injustice and dedication to numerous social causes. JARED LETO (51) – This cinematic and musical icon still sports the stunningly youthful face he became famous for. Winner of many awards over his three-decade-long career, Leto has starred in “Dallas Buyer’s Club” and numerous other excellent films. BRAD PITT (60) – Shockingly, the iconic actor turned 60 this year. His jaw is just as chiseled as ever, and his piercing eyes still sparkle the same radiant blue. First recognized for his role as a deceitful cowboy in 1991’s “Thelma and Louise,” he played the assassin Ladybug in 2022’s “Bullet Train” to showoff his eternal youth to the world. SAMUEL JACKSON (74) – This legendary actor is a true industry veteran. He first appeared in the 1972 film “Together for Days,” but his first significant role was in “Do the Right Thing” in 1989. His illustrious career continues, having been in a variety of films from “The Incredibles” to “Pulp Fiction.” While he has been in the industry for decades, the septuagenarian is just as handsome as ever. These celebrities’ supernatural resistance to aging can’t help but make us wonder what their secrets are. Do they have a magic skincare routine? Have they actually found the Fountain of Youth? Only time will tell. Until then, we’ll continue to enjoy their talents. Hollywood Stars Who Seem Untouched by the Sands of Time
By making a claim for personal injury, you are putting your body at issue and, therefore, have given the defendant(s) the right to examine it. It is imperative for your case to attend liability IME appointments, and continued failure to do so could result in the dismissal of your case.
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Keeper Ledesma Showed Fans a Different Kind of Save HOW A GOALIE HELPED RESCUE A STRICKEN SPECTATOR
The European football pitch is often the scene of bitter rivalries and even violence between fans, but spectators at a 2022 match between the Spanish professional football clubs FC Barcelona and Cadiz CF witnessed an entirely different kind of drama. The match was suspended when a spectator in the end zone collapsed. As medical staff rushed to help, the goalie for Cadiz broke from his position, raced to his team’s dugout, retrieved a medical kit with a defibrillator, sprinted back toward the scene, and tossed the kit to the medics. Thanks in part to the defibrillator, which medics used to resuscitate the victim, he was safely transferred to a nearby hospital.
Those who respond heroically tend to be hopeful people who take charge in difficult situations — traits professional soccer goalies clearly need. People who step up to help others also tend to have a strong sense of responsibility, another requirement of keepers. The coach of the rival team praised Ledesma’s quick thinking. “We’re talking about a human life, and any human life is above a soccer game,” Barcelona’s coach, Xavi Hernandez, was quoted as saying. Only after the spectator was revived and en route to the hospital did the teams agree to resume the game. Although Cadiz lost the match 4-0, Cadiz fans went home with a different kind of win — global recognition of their goalkeeper’s good deed. Video of Ledesma’s quick response quickly went viral, earning “massive respect” from commenters and worldwide plaudits for heroism.
Many onlookers credit Cadiz’s goalie, Jeremias Ledesma, with averting a tragedy.
It is hard to tell who will step up in a crisis and who will freeze. People who are normally empathetic may shrink back, while sometimes introverts dive in to help, surprising even themselves.
SUDOKU
Grilled Steak With Chimichurri Sauce
Savor the flavor with our mouthwatering grilled steak, paired perfectly with vibrant chimichurri sauce.
Ingredients
For the chimichurri sauce: • 1 cup fresh
• 2 lbs steak (flank, sirloin, or skirt steak) • 2 tbsp olive oil • Salt and pepper, to taste
• Juice of 1 lemon • 2 tbsp olive oil • 1 tsp red pepper flakes • Salt and pepper, to taste
parsley, chopped
• 2 cloves garlic, minced
1. Preheat grill to medium-high heat. 2. Rub the steak with the olive oil, salt, and pepper. 3. Grill the steak for 4–5 minutes per side or until it reaches desired doneness. 4. Meanwhile, make the chimichurri sauce: In a small bowl, mix together the parsley, garlic, lemon juice, olive oil, red pepper flakes, and salt and pepper. 5. Let the steak rest for 5 minutes before slicing. 6. Serve the steak with the chimichurri sauce and enjoy! Directions
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The Write Way to Wellness INSIDE THIS ISSUE 1 2 A-Listers Who Haven’t Aged a Day
IMEs Are Critical in Personal Injury Litigation Heroic Soccer Goalie Credited With Saving a Fan’s Life
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Grilled Steak With Chimichurri Sauce
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A Deep Dive Into Medieval Slumber
did farmwork, and prayed. Often, people socialized with each other, but the busy schedules of farming families cut down on chatting time. After they went to bed for a second sleep, they’d wake up at dawn. Not everyone kept to the schedule. Young children slept all night unless they woke up to the commotion. Benedictine monks dozed at 7 p.m. and woke at 2 a.m. for prayer, staying awake until an afternoon nap. Still, most people followed the two-part sleep schedule, and medieval medicine even discussed how to do it properly. For example, medical texts recommended that they lie on their right side during the first sleep and switch to the left on the second sleep. It’s really not that weird — research suggests that biphasic sleep is quite natural and influenced more by lifestyle compatibility, which means the eight-hour schedule likely evolved as cultures industrialized. Our emphasis on uninterrupted slumber also coalesces with our invention of modern mattresses, and this may not be a coincidence. Sleeping is much more enjoyable if you lie down on a soft mattress than a bed of prickly straw.
UNUSUAL SLEEP PRACTICES IN THE MIDDLE AGES: THE 2 ACTS OF MEDIEVAL SLUMBER
In the Middle Ages, most people didn’t sleep for eight uninterrupted hours like we do today. Instead, they had a “biphasic” sleep schedule, which means they had two sleep phases, one in the evening with a brief period of activity in the middle. For first sleep, the household typically slept from 9–11 p.m. They slept on one single straw mattress. Everyone — including children, parents, and visitors — huddled on one bed.
Despite the lack of space, they tried to make it as comfortable as possible with complex sleeping arrangements. Touching, kicking, or any other restless activity was considered rude. Meanwhile, girls slept closest to the wall, followed by boys, guests, and parents. While they didn’t have alarm clocks back then, they had an internal clock that woke them up around midnight. Once they woke, they had plenty to do. They refueled the fire,
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