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LEGAL BRIEF
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JUNE 2026 FriedmanSimon.com
PUTTING A LENS ON MODERN INJURY CASES THE NEW WORLD OF VIDEO EVIDENCE
June gives us both National VCR Day and Trial Technology Day on the same date, and I think that’s an interesting pairing. One takes me back to the camcorders and home movies of my childhood. The other reminds me how much technology has changed the way we investigate and prove injury cases today.
then when ready you connect it to a computer, and it combines the whole file creating that old home movie feel which you can play on the television or computer any time. I cannot wait to show my son when he gets older, just like I now have access to videos of me as a kid, thanks to my parents. Back in the late 80s and early 90s, having a camcorder felt like a big deal. Now, everybody has a camera in their pocket. In fact, you can find cameras everywhere these days. Businesses have security cameras, cars have dash cams, and it feels like every other house on the block has a Ring doorbell camera installed. That is a complete game-changer in injury law. It can be incredibly helpful, but it also creates a whole new set of fights over what was recorded, what was preserved, what part of the story the video actually shows, and whether the video can be authenticated as admissible evidence. If someone slips and falls at a business, for example, the fight is often not about whether video exists. It’s about whether we are getting the full story. A store may hand over 30 seconds of footage that shows only when the person falls and assumes that tells the whole story. It doesn’t. If I need to prove notice, I need more than the actual fall. I need to know when the spill happened, whether an employee walked by it, and whether someone had a chance to clean it up before anyone got hurt. We can use a defendant’s failure to preserve complete evidence against them in court, to our benefit, with the court finding liability against defendant
or granting an adverse inference for failure to preserve complete evidence, depending on the circumstances. Technology also cuts both ways. I have had cases where the video actually helps the defense, and we end up having to drop the claim or settle at a reduced value because the footage doesn’t support the client’s version of the fall (one client was convinced she tripped on an item left out in a lobby, but the video confirmed it was another person’s foot that accidentally caught her walking by that caused the fall). Honestly, I don’t mind that. If the video makes it clear that a case doesn’t have merit, it gives everyone closure sooner. It really is wild to think about how far we’ve come from the old camcorder days. Video footage used to be a rare thing, but that’s not the case at all now. We are almost always being recorded in one way or another. That may feel strange to think about, and at times it may complicate things, but it also gives us more ways to figure out what really happened. There is always the chance that somewhere, somehow, a camera caught the
I turned 40 recently, so I’m from the generation that grew up with a giant
camcorder in the house. My father always had his ready. He would set it up on a tripod at family barbecues or keep it running while my brother and I tore around the yard or house. Videos then were more than the 10-20 second quick little clips the way people record videos now. We would have an hour of videotape footage of sweet family moments that was basically nothing and everything at once. Looking back, it was beautiful. It is amazing having access to those old home movies and getting to see me as a baby or child interact with my grandfather, who passed away when I was six years old, or my great grand mother, who passed away when I was 13. Any time I am at my parents’ house, and one of those videos gets played, I end up getting pulled right back into that world, with all of the old family laughs and memories that come with those preserved moments. My wife knows how much I love that stuff. For Christmas, she actually bought me something that looks like an old-school camcorder. It is smaller and lighter, but it works the same way. You push a button, record when you want, and
-John G. Papadopoulos one piece of the story that brings the whole picture into focus.
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And Built a Powerhouse Brand While Others Chased Clicks, Zappos Answered the Phone
Empowering Employees to Create Memorable Experiences Availability alone wasn’t the magic ingredient. Zappos also empowered its customer service team to go above and beyond. Representatives weren’t bound to rigid scripts or pressured to rush calls. Instead, they received training to build real connections and solve problems creatively. It was noted that some Zappos agents spent hours on a single customer call, not because they had to, but because delivering a remarkable experience was their priority. That level of service turns ordinary interactions into unforgettable moments. Customers remember being treated like people, not order numbers. For small-business owners, this lesson is powerful: Trust your team and give them authority to fix issues without layers of approval. When employees feel ownership, customers feel cared for. Using Service as a Marketing Strategy The largest shift Zappos made was reframing customer service as marketing. Instead of pouring massive budgets into traditional
Most small businesses obsess over marketing funnels, paid ads, and conversion hacks. Meanwhile, one company built a billion-dollar brand by focusing on something far less flashy: answering the phone. While competitors chased clicks, Zappos doubled down on customer experience and transformed 24/7 support into a powerful revenue driver. Their strategy proves a simple but monumental truth for small-business owners: Exceptional service isn’t a cost center; it’s a growth engine. Why Around-the-Clock Support Was a Strategic Move Zappos didn’t offer 24/7 customer service just to look impressive. They understood that customers don’t shop on a 9-to-5 schedule. Questions pop up late at night, concerns arise on weekends, and doubts happen right before checkout. By providing live, human support at any hour, Zappos removed friction at the most critical moments in the buying journey. According to PPLE Labs, this constant availability built trust and reduced purchase hesitation, two key drivers of sales growth. When customers know help is instantly accessible, they feel more confident completing a transaction.
advertising, they invested heavily in service excellence. As a result, word of mouth became one of their strongest acquisition channels. PPLE Labs notes that customers who have exceptional service experiences become loyal advocates. Positive stories spread organically, reducing the company’s reliance on paid campaigns. Zappos also reinforced this strategy with customer-friendly policies such as free returns and a 365-day return window, which reduced purchase risk and increased buyer confidence. Combined with 24/7 support, these policies removed nearly every obstacle standing between browsing and buying. What Small-Business Owners Can Apply Today You may not have the resources of a large retailer, but you can apply the principles: • Extend support hours where possible, even if it’s through a hybrid of live agents and smart automation. • Empower employees to make decisions that delight customers. • Treat service interactions as relationship-building opportunities, not transactional tasks. • Collect feedback and continuously refine your processes. Zappos’ growth wasn’t fueled solely by flashy campaigns. It was built on consistent, customer-centric action. They proved that when service becomes part of your core strategy, sales follow naturally. For small-business owners, the message is clear: If you want sustainable growth, don’t just invest in getting customers. Invest in taking care of them … anytime they need you.
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The Injury You ‘Already Had’
WHERE OLD PAIN MEETS NEW HARM
One of the oldest defense arguments in personal injury law is also one of the most common: “That problem was already there.” We see it all the time when an injured person has a long medical history, and the other side tries to use that history to shrink or erase the claim. A recent case I handled is a good example. An older woman with preexisting knee problems fell because of a hole in a parking lot and later needed a knee replacement. Instead of focusing on the condition of the parking lot and what the fall did to her, the defense tried to shift the story in a different direction. They pointed to her arthritis, osteoporosis, and prior knee complaints and argued that she would have needed that treatment anyway. That is where these cases become more involved but not less legitimate. In personal injury law, you take a person as you find them. A preexisting condition does not give a negligent party a free pass. If someone was already vulnerable, and a fall made that condition worse, that worsening still matters. The real question isn’t whether the person had prior problems. The question is what changed after the accident.
Getting the answer to that question usually means digging much deeper into the records. In a case like this, I can’t just look at what happened after the fall. I also have to compare the pre-accident medical picture with the post-accident one. What symptoms had she mentioned before? What did the imaging show? How active was she, and how did her day-to-day life change after the fall? We are doing more than simply proving someone was hurt. We also have to prove how a person’s life changed above and beyond the problems that were already there. We do that by carefully reviewing old and new injuries and gathering strong medical records from both the doctors who treated the client before the accident and those who treated them afterward. Then, our job is to clearly explain the difference between an old condition and a new loss. In this particular case, we reached a favorable settlement agreement for our client. The takeaway is to never assume you have no case just because you have a prior injury. Speak with an attorney who can help you evaluate the full picture. SUDOKU
Cinnamon Roll Peach Cobbler
This easy-to-make dessert combines two classic delights for the perfect after-dinner indulgence.
Ingredients • 2 (15 oz) cans of peach chunks, drained • 1/3 cup brown sugar • 1 tbsp cornstarch
• 1 tsp cinnamon • 1 tsp vanilla extract • 2 5-count cans Pillsbury
cinnamon rolls (reserve icing)
1. Preheat oven to 350 F and grease a 9x13 baking dish. 2. In a mixing bowl, combine peach chunks with brown sugar, cornstarch, cinnamon, and vanilla, then mix until evenly coated. 3. Cut each cinnamon roll into six pieces and place them in the baking dish. 4. Add the peach mixture and gently stir to combine. 5. Bake for 40 minutes until golden brown. 6. Cool for 5 minutes before drizzling with icing. Directions
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516-800-8000 FriedmanSimon.com
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Old-School Video Meets Modern Evidence INSIDE THIS ISSUE 1 2 3 The Billion-Dollar Lesson Zappos Offers About Customer Service The Defense’s Favorite Shortcut.
Cinnamon Roll Peach Cobbler
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Consistent Follow-Ups Are the Secret to Closing More Deals
From First Contact to Final Sale Follow-Up Tips Every Small Business Should Use
Closing a sale rarely happens after the first conversation. Most customers need several interactions before they feel confident buying, and for small businesses, effective follow-up can turn missed opportunities into loyal customers. Prospects often get distracted by daily responsibilities or competing offers. However, a thoughtful follow-up brings your business back to mind and keeps the conversation moving. With the right follow-up techniques, small businesses can strengthen relationships and turn interest into action. Here’s how. Personalize every follow-up. Generic follow-ups rarely work. People can easily spot a copy-and-paste email, and it feels impersonal. Personalize your message by referencing the prospect’s problem, a past conversation, or how your solution helps businesses like theirs. Instead of saying “Just checking in,” reference
their situation: “Last week, you mentioned struggling with managing inventory during busy seasons. I wanted to share a quick tip that has helped other retailers streamline that process.” Get the timing right. Follow up too quickly, and you may seem pushy. Wait too long, and prospects will forget you. A balanced schedule works best. Send a follow-up a few days after the initial conversation, then space out additional messages over the following weeks. Use multiple communication channels. Using only one communication channel can limit responses. Some people prefer email, while others respond better to calls or social media. A multichannel approach increases visibility. For example, start with an email, follow up with a quick call, then connect on professional networks to reach prospects where they are most active.
Provide value in every interaction. Follow-ups shouldn’t just ask for a response. Each interaction should offer something useful, like a case study, a guide, or a relevant insight. Even brief messages can add value when they address a specific need. Know when to persist and when to move on. Persistence matters in sales, but it’s also important to recognize when a lead isn’t interested. If several follow-ups go unanswered, it may be time to step back. Some prospects simply need more time. Occasional engagement or delayed responses can signal continued interest, and a thoughtful follow-up asking if they need more information can restart the conversation. Leaving the door open for future contact helps maintain goodwill.
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