Friedman & Simon - April 2020

LEGAL BRIEF

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APRIL 2020

On April Showers Who Really Gets the Credit for May Flowers?

I confess that I’ve always viewed the phrase “April showers bring May flowers” very literally. I only saw the saying as some rather obvious gardening advice until I recently heard it used in a wider context. I suppose it’s true we all have “showers” in some stages of our life, but I don’t think those flowers are exactly guaranteed. It’s a comforting sentiment: Moments of discomfort can lead to moments of joy. In many situations, I have no doubt this is usually the case — from gardening to running a business, it seems that having a few rainy days at the outset lays the groundwork for growth. But having worked with people going through catastrophically difficult times in their lives, it’s hard for me to put much stock in those May flowers’ ability to spring up on their own. Now, I’m not saying that those hurt in terrible accidents are incapable of finding joy, happiness, and contentment. What I am saying, however, is the idea that those “showers” in their lives automatically lead to happiness in the long run is a dangerous

In a perfect world, insurance would be the mechanism by which rainy days are made right — that’s why these vital safety nets exist. But as it stands, many insurers will fight fiercely to defend their own bottom line. Thus, getting compensation in proportion to the damages people have suffered isn’t something that just happens; it’s something these accident survivors have to make happen. For my part, I’m glad I can play a role in this process. Personal injury law is the vehicle by which people can get to sunnier days. I’ll never grow tired of being able to provide this service. Sure, seeing tragic case after tragic case could threaten to bring on my own case of rainy days, but instead, I’ve learned to draw on the strength of the people I represent. The people I’ve had the chance to represent over the years have shown me the very depths of human courage. I’ve met people who have been through losses that would level me as a person — losing mobility, limbs, loved ones, and sometimes all three due to an accident. But rather than give in, I’ve seen these survivors hold their head high

a monumental amount of work to get those “May flowers” to bloom.

If you work with those who’ve faced these serious injuries, you know it’s not enough to tell them “things will get better.” Good fortune isn’t always as guaranteed as the changing of the seasons, and misfortune can be more than a rainy day. So, I’d argue that this month’s maxim needs a little bit of a twist. Let’s avoid glorifying moments of tragedy and give credit to the real reason for brighter days. April showers don’t bring May flowers — people with the inner strength to weather them do.

notion. Some showers will flood your garden if you aren’t careful. And even if they survive, the world can

and refuse to let this deeply dark period of their life define them. That inner strength can certainly put the minor inconveniences in one’s own life into perspective. Some people have to put in

“The people I’ve had the chance to represent over the years have shown me the very depths of human courage.”

work against your flowers getting a chance to bloom.

––––-Ed Friedman

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Whether your New Year’s workout routine is finally embedded in your schedule or you’re still trying to make it happen, always remember that your mind is just as important as your body. On some days, you may feel like anything is possible. But on others, it may feel impossible to even get out of bed. Don’t worry, that’s totally normal! There’s no reason to feel ashamed if you’re struggling with gaining steam and motivation for your workout. Here are some mental strategies to help you get firmly into your routine this year and in the years to come. GETTING TO THE GYM What’s the hardest part of working out? For most people, it’s not the heavy weights or the long cardio sessions — it’s actually stepping into the gym. Sometimes, people will wake up and think that the gym isn’t possible that day as they lay in bed. Some people will psych themselves out of working out because their time is limited, or they worry about how tired they’ll be after the workout (especially after or before a busy day). Instead of thinking of reasons you can’t or don’t want to go, focus your mind only on the task of getting there. Stepping into the gym will often give you the mental push to actually work out. It’s also best to leave the all-or-nothing mindset behind — a 45- or 55-minute-or even longer- workout isn’t required every single gym session. Life happens, and even if it’s a short exercise session, your workout may actually energize you for the rest of your day. Even more importantly, you will be strengthening the habit. Consistency over time will deliver the best results, in the gym as in other areas of life. Make a promise to yourself to just start. Go for a minimum of five or ten minutes and then re-evaluate. Once you have started rolling the boulder, you may be pleasantly surprised at how much easier the momentum makes it to keep it rolling. Even on a day you cut the session short, you are building the neural pathways of the positive behavior. PUSHING YOURSELF TO THE LIMIT Studies have found that the most successful people share grit: the ability to work hard and endure even the most difficult times. Workouts may burn, and the motions may feel uncomfortable, so it’s crucial to have the grit to push yourself. Rather than give up, you should embrace the challenge and see it as a sign you’re growing stronger. Adjust your inner vocabulary. Anything that seems “uncomfortable” should be reconsidered as “intense” but something you can work through. Of course, be careful to know discomfort from pain so as to avoid injury. As in all things, let common sense be your constant companion. Otherwise, train hard and enjoy the benefits! FINDING MOTIVATION ON THOSE TOUGH DAYS Top Mental Strategies for Your Fitness Routine

Strange Cases

People can be hurt in the most unexpected ways. Sometimes they may slip and fall, and other times they might be hit by a falling pipe out of the blue. In our nearly three decades in personal injury law, our firm has seen all manner of surprising accidents. THE EXAM TABLE Our client was visiting the doctor’s office and was asked to sit up on a medical exam table. This proved a bit of a challenge for her, as she was only around 4 feet 11 inches, meaning she was seated with her feet dangling well off the floor. To make matters worse, when an assistant asked her to get down from the table, they didn’t give our client a stool or a helping hand to get down. They simply pulled out a drawer and asked her to step on it. Naturally, our client lost her balance and fell — fracturing her hip. While this did happen in a doctor’s office, it wasn’t an instance of medical malpractice but a niche case of simple negligence instead. HOTWATER We had a client who’d been living in the same apartment for 20 years with his brother. Sadly, the apartment complex had a history of supplying residents with overly hot water, which would prove disastrous. Our client is totally blind, and so while attempting to wash a bowl in his sink, he accidentally splashed water all over his arms and chest. The problem is this water was scolding hot — so hot, in fact, that it gave our client severe burns even after passing through his shirt. YOGA GONE WRONG As a new yoga student, our client was attempting to hold a pose along with the rest of her class. The instructor, noticing a flaw in our client’s form, went to give her an adjustment. While this is a common practice for yoga teachers, this instructor didn’t warn our client and simply grabbed and lifted her feet. Our client heard a cracking sound from her neck, and her arm went numb — the sudden movement injured her neck. In the end, she’d require cervical surgery and a spinal fusion. Here’s the one thing these three cases have in common: We won each client a substantial amount of compensation. No matter how strange the circumstances, if someone is seriously injured, it may be worth getting in touch with a lawyer.

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Over the years, our firm has represented thousands of injured clients throughout Long Island and New York City. Many of our clients have been commuters who live on Long Island and work in the city. Getting around the city can be challenging for these commuters. Every day, they brave subway lines, traffic, and crowded sidewalks, and we feel strongly that they should not have to risk injury to do so. Those moving around New York City should consider the following safety and practical concerns. SUBWAY INJURIES With faulty escalators, damaged subway car doors, broken platforms, and unreliable stairs, plenty can go wrong in an underground terminal. Factor in other areas of inadequate facility maintenance and fatigued operators, and it’s obvious the Metropolitan Transit Authority (MTA) can potentially be held liable in many ways for negligence leading to bodily harm. Depending on the specifics of an accident, holding the MTA responsible can be complex. For example, in cases where someone is struck by a subway car, a thorough knowledge of the dynamics of such an accident (e.g., the subway car’s speed, time, and distance characteristics in the moments leading up to the accident and the procedures taken or not taken to avoid the impact) is critically important. As with municipal and public authority cases in general, a claimant must serve a notice of claim within 90 days of the accident and attend a hearing before a lawsuit is commenced. These requirements don’t apply to cases with private parties (for example, a case against WHEN THE CITY OF NEW YORK OR OTHER PUBLIC AGENCY CAUSES YOU TO BE INJURED

a private bus company), and since they give the municipal/public authority multiple opportunities to interrogate the claimant, it is best to have skilled legal counsel guiding the injured claimant. BUS INJURIES Holding the MTA accountable for injuries sustained

due to poor maintenance or negligent operation of a city bus can be just as fraught with potential obstacles as subway lawsuits. On top of the added filing requirements detailed above, bus accidents have the potential to involve many at-fault parties. For example, it is possible the manufacturer of the bus may have liability for the accident. Maybe other passengers distracted the driver, or maybe a third party outside the bus caused the accident. Thorough investigation of such variables is the foundation of a properly prepared lawsuit. PEDESTRIAN INJURIES With over 12,000 miles of sidewalk in this city, not every inch of pavement is going to be perfect. Potholes, cracked or uncovered manholes, and unmarked areas of maintenance can all lead to disastrous injuries. Claims of liability for falls on broken sidewalks can have very different outcomes depending upon whether a private person or business is legally responsible or if the city is legally responsible. As a local firm with decades of experience litigating these complex municipal cases, we know the unique challenges they present. If you or someone you care about has been hurt using public transportation or by falling anywhere in New York City, they may have a case. Let them know they can reach us at 516-800-8000.

Easy Deviled Eggs

SUDOKU

Inspired by TasteOfHome.com

While the kids hunt for Easter eggs in the yard, whip up this easy deviled egg recipe for a hearty snack that’s sure to satisfy any craving.

Ingredients

• 1/2 cup mayonnaise • 2 tbsp milk • 1 tsp dried parsley flakes • 1/2 tsp dill weed • 1/2 tsp fresh chives, minced • 1/2 tsp ground mustard

• Salt, paprika, garlic powder, and pepper, to taste • 12 large eggs, hard-boiled • Fresh parsley, minced, and paprika for garnish

Directions

1. In a large bowl, combine mayonnaise, milk, parsley flakes, dill, chives, mustard, salt, paprika, garlic powder, and pepper. Mix well and set aside. 2. Cut eggs lengthwise and remove yolks carefully to preserve egg whites. 3. In a small bowl, mash yolks. 4. Mix mashed yolks with mayonnaise mixture. 5. Spoon or pipe the mixture back into the egg whites. 6. Garnish with fresh parsley and paprika. Refrigerate before serving.

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INSIDE THIS ISSUE

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Do April Showers Really Bring May Flowers?

Top Mental Strategies for Your Fitness Routine Strange Personal Injury Cases Hurt in or by the City of New York? We Can Help! Easy Deviled Eggs

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5G Made Simple

Few things change faster than the internet, and how we connect with the internet is constantly evolving. When it comes to wireless capabilities, fourth-generation (4G) networks have been the norm for 10 years. But 4G couldn’t meet demands forever, and there’s already talk of a fifth-generation (5G) network taking center stage. So, what makes 5G different from 4G, and how will it affect consumers and their internet-enabled devices? WHAT ARE THE BASICS? Simply put, 5G is the fifth generation of wireless technology that enables mobile devices like cellphones and stationary devices like desktop computers to send and receive data without being physically connected to a network via cables. As technology improves and more connection points are established around the globe, new network generations are “released” to represent significant advancements in speed and reach. HOW POWERFULWILL IT BE? Consumers will notice the rise of 5G mostly with their smartphones. Apps and services that function using the internet will have fewer delays, faster loading times, more reliable internet access in remote locations, and more stable downloading and uploading capabilities. Experts predict that 5G will provide download speeds of up to 10,000 megabits per second, which is roughly 100 times faster SO, WHAT IS 5G?

than 4G. While it can take a 4G network upward of 15 seconds to download a simple 5-megabyte music file, a 5G network will be able to download an entire movie in less than two seconds.

WHAT’S NEXT? These network updates are all about speed, but that doesn’t mean you should rush to switch your cellphone over to 5G. Many providers are still testing the service with select markets, and a full rollout of 5G isn’t expected until later this year. Check with your network provider about the options they currently offer and get ready to connect with the world like never before. As with most new technology, some people have voiced concerns about potential negative consequences of use. For an overview of such considerations pertaining to 5G, consider the information linked at CNet. com/news/5g-phones-and-your-health-what-you-need-to-know/.

We are all heading into the unknowns of the future. Hopefully, we can do so as wisely as possible.

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