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LEGAL BRIEF
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MAY 2025 FriedmanSimon.com
THE TRUTH ABOUT PERSONAL INJURY LAWSUITS
DEBUNKING THE 'GET RICH QUICK' MYTH
As a personal injury attorney, one of my pet peeves is hearing people refer to personal injury lawsuits as “get rich quick” schemes. This perception is largely fueled by media sensationalism, insurance companies, and misinformation, and it couldn’t be further from the truth. Our clients come to us not because they want a payday, but because they need help after suffering real harm due to another party’s negligence.
In reality, personal injury claims are not about securing excessive payouts. Settlements and verdicts are calculated based on real financial and personal losses, including medical expenses, lost wages, reduced earning capacity, pain and suffering, and loss of enjoyment of life. Additionally, how well a jury connects with a plaintiff and how damages are framed impact the outcome. For example, a case involving $1 million in medical costs may justify a similar amount — or more — in pain and suffering. This process, known as “anchoring,” helps juries understand the true impact of an injury. A LONG AND CHALLENGING ROAD The idea that personal injury lawsuits lead to quick cash couldn’t be further from the truth. Some cases may even take years to resolve. Plaintiffs often endure aggressive tactics from insurance companies and their defense attorneys. They will search for anything to discredit a plaintiff’s claim — old social media posts, delays in medical treatment, or even minor inconsistencies in a doctor’s report. Their goal is to paint plaintiffs as exaggerators or frauds. Even when everything is in place, procedural delays can drag the process out even further. A single motion could take six months to resolve. Some cases wait up to two years for a trial date, only to face another two years of appeals. Meanwhile, plaintiffs have to manage their daily lives with minimal income and mounting medical bills. For many, waiting isn’t an option, and they have no choice but to take out high-interest loans against their settlements. Companies
that offer these loans charge up to 50% annual interest, meaning a $25,000 loan could turn into a $100,000 debt before the case is resolved. It’s a tough reality, but it’s how many plaintiffs survive while waiting for a settlement. THE MYTH OF 'JACKPOT' VERDICTS Big cases with multimillion-dollar verdicts make headlines but are not the norm. We’ve handled countless cases, and most settlements are fair, not excessive. Many large verdicts people hear about include punitive damages, which are only awarded when a defendant’s actions are particularly egregious. Take the McDonald’s hot coffee case. Many people assume it was frivolous, but the plaintiff suffered third-degree burns and initially sought only to cover her medical expenses. The large punitive damages awarded were meant to hold McDonald’s accountable for ignoring hundreds of prior complaints about serving dangerously hot coffee. SEEKING JUSTICE, NOT GREED If someone feels ashamed about filing a personal injury lawsuit, we tell them what we’ve told many clients before — seeking compensation is not about greed. It’s about fairness and holding the responsible person accountable. And it’s about making sure an
THE REALITY OF PERSONAL INJURY CLAIMS Insurance companies and large corporations are vested in discouraging lawsuits because every claim they pay out affects their bottom line. They actively promote the myth that personal injury claims are frivolous to make it harder for legitimate victims to get what they deserve. Many valid claims are denied outright or met with lowball offers that force victims to pursue legal action just to receive fair compensation.
injury doesn’t ruin your future. That’s what we fight for, and that’s why this “get rich quick” myth needs to be put to rest. - Roger Simon
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In a fast-changing world, it's easy to get bogged down in self-doubt and negativity. Mindset coaching, a new route to self-improvement, applies psychological tools to instill a more upbeat, hopeful attitude toward life. Mindset coaching helps people break away from habitual negative thinking and behaviors that prevent them from seeing and reaching their potential. It is a relatively new field that evolved from two influential bodies of research — cognitive psychology, which helps individuals recognize and change negative thought patterns, and the work of psychologist Carol Dweck on “growth mindset,” a perspective that teaches people they can change and develop through effort and learning. It’s important to understand that mindset coaches are not therapists, nor are they licensed or regulated. Interested individuals should seek a qualified coach trained and certified by a reputable coaching organization. The training equips mindset coaches with tools to help clients cultivate resilience and positivity, including mindfulness, journaling, visualizing achievements, and cognitive restructuring or replacing negative thought patterns with more realistic, balanced views. Mindset coaches also help clients uproot limiting beliefs about themselves and reduce their fear of being evaluated negatively by others. For example, mindset coaching might help a software engineer struggling with self-doubt and fear of failure to reframe their thinking and view criticism as constructive feedback to help improve their skills. Also, a manager striving for a promotion might learn to value their skills and cultivate a belief in their ability to expand and acquire new competencies. Ultimately, clients are taught to reframe life as a journey of self-discovery and learning — a mindset so empowering that it can change lives! EMBRACE YOUR CAPACITY FOR GROWTH Attitude Adjustment
Working toward big goals is a rewarding and exciting process, but it can also feel overwhelming. It’s easy to get bogged down thinking about how far you still have to go, but you can use a simple strategy to maintain your momentum: Focus on small achievements. THE SCIENCE OF SMALL WINS While seemingly insignificant, celebrating small wins has psychological benefits that can carry over into every aspect of your life. When you celebrate small achievements, your brain releases dopamine, the “feel good” chemical that lifts your mood and motivates you to keep going. This positive reinforcement generates momentum, making it much easier to tackle the next step. Acknowledging small wins also has a measurable impact on mental health. It reduces stress, improves resilience, and helps build a growth mindset. Focusing on your accomplishments allows you to alter your perspective, and you learn to see challenges as opportunities for growth. PRACTICAL WAYS TO CELEBRATE SMALL WINS Incorporating small celebrations into your daily routine doesn’t have to be complicated, so here are three strategies to help you get started. • Track your achievements in a progress journal. Seeing progress in writing can be very rewarding and provide much-needed motivation when things get difficult. • Share your win with friends and family. When you celebrate your achievements with others, you strengthen personal connections and add positivity to the experience. • Reward yourself. Even simple rewards reinforce the habit of recognizing progress and help make the journey more enjoyable. Achieving small goals is always worth celebrating. Acknowledging every step forward, no matter how seemingly insignificant, helps you stay motivated and confident while improving your overall mental well-being. Celebrate the Small Things Why Every Win Matters
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WHAT CYCLISTS NEED TO KNOW 2 Wheels, Big Risks
Many injuries are caused by cyclists getting “doored” when someone opens their car without looking or a turning driver cutting them off. Others are injured when riding through an intersection and getting struck by a driver who didn’t see them. Most of these accidents come down to drivers not paying enough attention. Even a few seconds of being distracted can upend a person’s life. TIPS FOR SAFER CYCLING While cyclists can’t prevent every accident, there are a few ways to reduce your risk of being in one. First, visibility is a must. Wearing bright clothing and using front and rear lights on your bike will make you more visible to drivers. Also, keep a safe distance from cars, including parked ones. This will give you time to brake and ensure you’re outside the “door zone.” Finally, stay alert. Don’t wear headphones, and keep your eyes up when riding so you can react when the unexpected happens. YOU’RE NOT ALONE Accidents can still happen no matter how careful you are, and dealing with the aftermath can be overwhelming. You may be left with large medical bills and injuries that keep you from working. At Friedman & Simon, we’ve seen how challenging it is to recover physically and financially from an accident, especially when insurance companies aren’t eager to play fair. If you’ve been injured in a cycling accident, we’re here to help. Contact us today for a free consultation. SUDOKU
May is National Bike Month, which got us thinking about cycling in Nassau County and Suffolk County as well as in the City of New York. Riding a bike is a practical way to get around and it's great for staying healthy and environmentally friendly. Unfortunately, cycling can also be very risky. This is particularly true on Long Island and in New York City, where there is such a great volume of car, bus, and truck traffic. WHAT WE’RE SEEING ON THE STREETS Recent statistics tell a concerning story. In 2023, 30 cyclists were killed while riding on New York streets. This was the highest number of cycling deaths in over two decades. Most involved e-bikes, which are more common than ever. As injury lawyers who work with cyclists, we see what these stats mean up close. People are getting hurt in ways that are sadly predictable.
Silky Chocolate Mousse Inspired by TheKitchn.com
Ingredients • 1 1/2 cup heavy cream, divided • 1 cup milk chocolate or dark chocolate chips (6 oz)
• Optional garnish: grated
chocolate, crushed nuts, toffee, or brittle
Directions
1. In a microwave-safe bowl, put 1/2 cup of cream in the microwave for 1 minute. 2. Stir in chocolate and let sit for 5 minutes, then whisk until smooth. 3. In a separate bowl, beat the remaining 1 cup of cream with a hand mixer or whisk until soft peaks form. 4. Set aside 1/2 cup of whipped cream for topping, and continue whipping the remaining cream until stiff peaks form. 5. Gently fold whipped cream into the cooled chocolate mixture in batches, mixing until combined but still light and fluffy. 6. Spoon into four ramekins or glasses, and refrigerate for at least 1 hour before serving. 7. Top with reserved whipped cream and garnish if desired.
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516-800-8000 FriedmanSimon.com
390 N. Broadway, #210 Jericho, NY 11753
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INSIDE THIS ISSUE 1 2
The Long Road to Fair Compensation The Psychology of Celebrating Small Wins Mindset Coaching: A New Path to Savoring Life The Hidden Hazards of Cycling Silky Chocolate Mousse Savvy Ways to Handle Difficult Customers
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TURNING TENSION INTO TRUST SMART STRATEGIES FOR HANDLING TOUGH CUSTOMERS
Rude customers are a growing problem for businesses.
what to expect from your product or how to interpret the instructions. In some cases, the customer’s problems may have nothing to do with your company. They could be looking for attention or venting to ease their own anxiety over other issues. To understand the problem in depth, allow the customer to voice their complaints completely — don’t interrupt them. Practice active listening by making eye contact, avoiding distractions, and signaling your interest by verbally confirming you hear their concerns. Repeat a description of the customer’s complaint to show that you understand. For example, you might say, “If I understand
you correctly, you’re upset because the product you received arrived too late for you to use.” This shows the customer you’re paying attention and validates their emotions. Figuring out the underlying issue can help you respond most effectively. Even if your business is not to blame, never descend to the level of an irate customer by abandoning your professionalism, politeness, or respect. Instead, apologize for their distress and work with them to find a solution. With luck and a little skill, you can turn that stressful encounter into an opportunity to show you are committed to excellent service — and transform that irate customer into a loyal, trusting fan.
According to the Society for Human Resource Management, more than 70% of workers experienced or witnessed acts of incivility daily for three months in 2024, damaging employee productivity and morale. Is it ever okay to “fire” a customer? Or is there a hidden upside to investing the time and energy required to win them over? Challenging customers allow you and your employees to practice active listening and show empathy for the customer’s anger or frustration. Consider the possibility that the customer is having trouble understanding
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