Friedman & Simon Injury Lawyers - June 2024

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LEGAL BRIEF

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JUNE 2024 FriedmanSimon.com

SNAPSHOTS OF CHANGE HOW TECHNOLOGY IS RESHAPING LAW PRACTICES

Say cheese! June 21 is National Selfie Day, and I thought it’d be interesting to discuss the changes technology has made in our law practice over the years. From documenting evidence with a click to accessing vast legal libraries at our fingertips, the evolution of tech has brought about a legal revolution. In the early 2000s, when a potential client or their family member called to discuss a fall that led to injury, the first step to collect information was to assign an investigator to take photographs at the accident site. Ideally, the potential client or an eyewitness to the accident would be present to pinpoint the location of the fall and the exact hazard (a broken step, a cracked walkway paving tile, etc.) that caused it. Sometimes, the potential client’s injuries made scheduling such a meeting with the investigator as soon as we would have liked impossible. Nowadays, with almost everyone carrying a smartphone, the caller usually has multiple photos they text or email us, which frequently expedites our ability to provide a meaningful case review. What once could take days now often takes minutes. Similarly, when folks called about a car accident, we often had to send our investigator to the auto body shop where the car was towed for photographs. Now, these callers often have photos of the damage to all vehicles involved, the position of the cars in the roadway immediately after the accident (before they were moved), and, in many cases, even dashcam video or video the caller obtained from a nearby business

a much higher level, like: “So, as you were driving down Main Street, the at-fault driver, coming out of the supermarket parking lot, disregarded the red light and “T-Boned” your passenger door?” Or, “Is the cracked sidewalk that caused your fall the one I see between the pizza shop and the bagel store?” Just as technology has streamlined gathering evidence, it has also transformed legal research. Projects that once required a law library filled with hundreds of hardbound books can now be completed by accessing massive online law databases. Physically gathering those heavy volumes and finding the applicable cases and the language within those cases has been replaced by programs that narrow the search with just a few keystrokes and clicks. While technology has changed law practice over the past couple of decades, the rate of change is accelerating. For example, there are many opinions about the effects AI (artificial intelligence) will have, but only time will tell.

or residential security camera that captured the accident as it happened. As with fall case photos and video, this can be a great help. We have had numerous cases where dashcam footage or surveillance video tied the lie to the at-fault party’s version of the accident, using this evidence to reinforce our client’s account and win a favorable outcome. Frequently, during the initial phone call to our firm, we can take whatever the potential client shares to understand the facts of the accident better and use Google Street View to text a link to them to the area for review. When everyone is looking at a photo of the scene, the conversation progresses at

I am excited to see how continued technological innovations will allow us to better serve our clients by providing

more efficient and more effective legal representation.

Thanks for reading, and have a great summer!

–Eddie Friedman

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THE JURY’S OUT ON YOUR SOCIAL MEDIA ACTIVITY Think Before You Post Hero Husky Saves the Neighborhood

On Dec. 15, 2023, pet owner Chanell Bell of Philadelphia was taken aback when she noticed that Kobe, her 4-year-old miniature Alaskan husky, had dug a hole in her home’s front yard. This was a stark departure from Kobe’s usual behavior, which Bell initially dismissed as boredom and promptly refilled the hole. However, when Kobe began to dig again in the same spot, Chanell realized something was amiss. “We’ve been here at our home for a while now, and he never digs holes,” Bell told USA Today. “So, I knew something was up.” She investigated further, reviewing footage from the family home’s security camera overlooking Kobe’s newfound digspot. Then, she witnessed Kobe sniff the air around the area before digging the hole in the same spot again. Thinking something Kobe smelled must have alarmed him, Bell phoned Philadelphia Gas Works, which sent a crew out to investigate. The engineers discovered that the gas lines beneath the Bell household were old, dilapidated, and beginning to leak. After fixing the issue, the company told Bell that if Kobe had not discovered the leak, the line would have posed significant health and safety concerns for the whole neighborhood.

This month’s cover article discussed how technology has changed our law practice. As World Social Media Day is June 30, let’s look at how social media affects the accident cases we handle. Most cases involve a claim against an at-fault or legally liable party covered by a liability insurance policy. Whether it is a car accident, a slip-and-fall, or a construction accident injury case, we work to recover our client’s damages from a carrier that insured the specific type of loss in almost all of these situations.

“They told me something as simple as a light switch turning on could’ve

The insurance companies’ “default setting” is to pay as little as possible, or nothing if they can, when a claim or lawsuit is presented. They will often conduct surveillance of the injured party to show that the injuries caused by the accident are not as severe as claimed or, far worse, that the claimant is perpetrating fraud. Anytime a claimant is in public, an insurance company investigator may take photos and videos of their activities. Investigators also scour social media. Claimants who post photos or videos showing physical activity that raise doubts about their claimed injuries are potentially launching a torpedo toward their own case. While a claimant’s injuries may make such a harmful video unlikely (e.g., if Mr. Jones broke his ankle and had plates and screws installed to repair the damage, he’s probably not dancing at his daughter’s wedding shortly afterward), there are subtle ways defense lawyers try to use social media posts that the claimant thought were completely innocent. If Mr. Jones is standing next to those dancing at the wedding with a big smile, the defense counsel may try to use such photos, fair or not, to argue that claims of pain and suffering are exaggerated. While the authenticity, relevance, and admissibility of social media posts as evidence can be the subjects of battles, it is best to avoid them if possible. You can do this by not posting on social media while a case is pending, but this may not be a realistic option for some people. In that case, we urge you to be careful not to post photos, videos, or text that come anywhere near the issues of the case.

caused an explosion,” Bell told USA Today.

After Bell shared Kobe’s story on social media, it caught the attention of PETA, the People for the Ethical Treatment of Animals,

who awarded the young husky the

Heroic Dog Award. Inspired by Kobe’s efforts, Bell wrote a children’s book dedicated to him called “The Dog That Saved the Block Before Christmas.”

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It’s Father’s Day! CHILDREN CREATE UNIQUE DAD’S DAY GIFTS

Recently, people have been spending big on Father’s Day, and many wait until the very last minute. Last year, Americans spent a record $22.9 billion on Father’s Day, up nearly 10% from the previous year, according to an industry survey. And more than half of consumers don’t start shopping until the week before Father’s Day, while 3.5% wait until the very last day before the holiday, according to another survey. The second survey also revealed that over 75% of shoppers struggle to think of good Father’s Day ideas. Most settle on outings, clothing, gift cards, personal care items, or electronics. Here are three low- budget ideas you can do with your kids that are sure to charm any dad, offered by What’s Up Moms, a top parenting site on YouTube co- founded by vlogger Elle Walker. INTERVIEW CARDS If your kids are preschoolers, have them answer questions about their father and record their answers on notecards. Things like, “How old do

you think Daddy is? 100? What is one thing Daddy says? What does Daddy do for work? Why do you love Daddy?” The simplicity and innocence of your children’s answers will warm Dad’s heart more than any store-bought gift ever could. SHOPPING SPREE Give each child $10 to pick out something for Dad, all by themselves, then take them to the nearest big-box store. Walker’s youngsters came up with a mirror, a pair of swim trunks, and crib sheets, and they clearly loved being empowered to make choices. PHOTOS FROM A KID’S PERSPECTIVE You may be surprised at some of the angles children choose and the tender moments they capture, “even if they’re not wow-worthy,” Walker says. Her daughter caught a captivating shot of her husband, Ross, napping with their preschool son resting on his shoulder. SUDOKU

Baked Sweet Potato Fries

These fries are crispy on the outside, tender on the inside, and packed with nutrients!

Ingredients • 2 large sweet potatoes, cut into wedges • 2 tbsp olive oil • 1 tsp smoked paprika

• 1/2 tsp garlic powder • 1/4 tsp cayenne pepper • Salt and pepper, to taste

1. Preheat oven to 425 F and line a baking sheet with parchment paper. 2. Place sweet potato wedges in a large bowl and add olive oil, paprika, garlic powder, cayenne, salt, and pepper. Toss to combine. 3. Arrange the sweet potato wedges on the prepared baking sheet in a single layer. 4. Bake for 20–25 minutes, flipping halfway through, until golden and crispy. Directions

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INSIDE THIS ISSUE 1 2

Capturing Evidence in the Digital Age How a Pet Husky Prevented Disaster The Dos and Don’ts of Social Media During a Lawsuit 3 Easy Father’s Day Ideas Baked Sweet Potato Fries Up Your Salad Game With a Veggie Chopper

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SALAD STRUGGLES BE GONE TURN VEGGIE PREP INTO A SNAP

Many health-conscious consumers like eating more salads but hate the time needed to prepare them. A registered dietitian offers this realistic nutrition tip: Understand and accept your limitations in preparing salad at home and find a kitchen gadget to close the gap. Instead of taking time to chop salad ingredients individually, add your veggies to a vegetable chopper that slices or dices each item and drops it into a plastic container, says Kylie Sakaida, a nutrition expert with a significant following on TikTok. A veggie chopper is a large plastic box with a cutting lid. Built-in blades on the lid slice or dice ingredients and drop them into the box for storage. With one simple stroke, entire tomatoes, carrots, and chunks of lettuce transform into a pile of colorful, bite-sized salad ingredients without making a mess in your kitchen.

“After topping the salad with a protein source, such as chicken, feta cheese, or sunflower seeds, and adding dressing, just give it a shake and eat from the box,” she says. Amazon sells a variety of veggie choppers, ranging from $18 for a basic model to $29 for an all-in-one gadget with nine inserts, including blades for julienne or crinkle-cut veggies. Other hacks to up your salad game include starting with the freshest greens you can find, keeping them very cold until served, using tasty dressing, and adding lemon zest or a splash of orange juice to store- bought products. You can even add pickled, grilled, or marinated vegetables to enrich the flavor.

With a veggie chopper and these other tips in your kitchen arsenal, you’ll be making salads like a pro in no time.

“Don’t empty it along the way. Just make your entire salad in here,” says Sakaida, who has used her veggie chopper for over two years.

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