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LEGAL BRIEF
JANUARY 2023 FriedmanSimon.com 516-800-8000
BREAKING DOWN THE MYTHS THE TOP 5 PERSONAL INJURY FALSEHOODS
MYTH NO. 3: MY LAWYER WANTS TO SETTLE MY CASE WITH AS LITTLE WORK AS POSSIBLE. I’m sure there are lazy attorneys like lazy accountants, mechanics, and doctors. But by and large, lawyers are highly competitive people who do everything they can to win. Becoming an attorney takes a lot of work, and most of us don’t lose motivation after passing the bar exam. Further, the best possible outcome isn’t only in our client’s interest; it’s also in our own. Securing high settlements increases our income and boosts our professional reputation. MYTH NO. 4: I NEVER HEAR FROM MY LAWYER, SO THEY MUST BE SLACKING OFF. Clients who believe this myth have a point: Some lawyers are guilty of poor communication. We make regular contact with our clients a priority at Friedman & Simon. But a lot of work also goes on behind the scenes. Your attorney strategizes, researches, and plans even when they’re not regularly in touch. How often you hear from your attorney does not indicate how much work they do on your behalf.
Lawyers don’t always have the best reputation, and many people are prone to thinking the worst of us. Of course, every profession has bad-faith actors, but most of the common assumptions we hear about our work are
based on misunderstanding and outright falsehood. In honor of Opposite Day on Jan. 25, I want to take a moment to dispel some of the most pervasive myths about the personal injury field. MYTH NO. 1: THIS CASE IS TAKING FOREVER! MY LAWYER MUST NOT BE DOING ANYTHING. We know how frustrating it can be when your case is stuck in limbo — but it’s rarely your attorney’s fault. The wheels of justice are generally slow moving. Depending on the case’s complexity, it can take up to a year to complete discovery on a lawsuit. That process is generally a lot of work. After discovery, a case in New York usually takes 15–24 months to come to trial. While your lawyer is always open to settling, several factors are at play, and we won’t urge you to take an unfair offer for the sake of speed. That said, the decision to settle is ultimately yours, not ours. MYTH NO. 2: MY LAWYER IS IN CAHOOTS WITH THE INSURANCE COMPANY. The legal system is inherently adversarial — it’s infrequent for both sides to get what they want. But just like people in other professional fields, attorneys often get to know each other and even become friends. Your personal injury attorney’s cordial relationship with insurance company lawyers and adjustors also benefits you. Not long ago, I watched an insurance adjuster throw a chest- thumping defense attorney out of the room, and she settled with me in only a few minutes. She mentioned she used to be a defense attorney, and we’d worked the same cases before. She remembered me years later because I treated her with respect, making her more willing to work with me.
MYTH NO. 5: TOO MANY AMBULANCE CHASERS FILE FRIVOLOUS LAWSUITS.
No one appreciates personal injury attorneys until they need one. Yes, some firms do spend a great deal on advertising. And a few do try to game the system. But the vast majority of attorneys will not touch frivolous or fraudulent claims for economic, moral, and reputational reasons. As personal injury attorneys, our job is to make a person whole again after someone else has harmed them. It’s a system that has been in place for hundreds of years and has benefited countless people. Further, personal injury lawyers have made us better off by holding
corporations accountable for creating safe, quality products. I’m very proud to be part of this system and firmly believe our work makes the world a better place.
- Roger Simon
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Last month, we successfully negotiated a $1,450,000 settlement for our client who suffered ankle and back injuries in a construction accident. The settlement also included a $153,000 reduction of the amount our client would have had to pay back workers’ compensation. Our 63-year-old client was assisting in excavation operations on Leonard Street in Brooklyn. The project involved drilling for sewer blocks, electric blocks, and underground sewer lines. He was instructed to clear all the hoses away from the crane being used so it could be moved. His supervisor was to signal the crane operator when the plaintiff’s work was complete, and the crane could be moved. The crane operator’s view of the plaintiff was obstructed. Our client cleaned the hoses attached to the crane and moved them. The flag person was to wait to signal the crane operator until after our client gave the “all clear” signal, which he had not done. As he was walking out of the way and getting ready to step down, the crane moved forward, thereby trapping his right boot under the crane’s track. In addition to the $1,450,000 settlement, the workers’ compensation insurance company agreed to reduce the amount our client was required to pay them back from $253,000 to $100,000. Under the law, a person who receives workers’ compensation benefits is required to reimburse the workers’ compensation insurance company from their third-party settlement with two-thirds of the benefit amount they received. Case of the Month
Have you ever heard of “The 5 Love Languages” by Gary Chapman? It’s an incredibly popular book that identifies different ways individuals prefer to give and receive love. You can communicate more effectively with your partners, friends, and family by considering their personal needs and using the language that speaks to them best. But did you know you can apply these same principles to show encouragement at work? When you use your employees’ preferred language of appreciation, your workplace culture will significantly improve. WORDS OF AFFIRMATION A “thank you” note or shout-out from a colleague is quite powerful, but it’s even more effective when it’s specific to an act or moment because it shows that you are paying attention to what matters. For your message to be clear, consider describing the situation you’re referring to, discussing the behavior you are looking to celebrate, and highlighting the impact of the behavior on you, the team, and the organization. QUALITY TIME This language is all about receiving complete and focused attention. This means taking the time for mentorships, checking in meaningfully, and creating moments for teams to connect. For employees who value quality time, having dedicated time to connect and learn from their employers and coworkers can be significantly impactful as they feel seen and heard. ACTS OF SERVICE Simply picking up an extra coffee for a team member, or alleviating a work task off someone’s plate, shows that you care about their overall well-being and brings them joy. Showing Appreciation in the Workplace Through Encouragement and Consideration
If you have been injured in any type of construction accident, speak to one of our attorneys today to learn more about your rights.
TANGIBLE GIFTS A nice, personalized gift can be a display that you
acknowledge your employee’s or coworker’s passions and preferences. The more you converse with them and learn about their personal lives, the easier it’ll be to choose a more meaningful gift and bring a smile to their face. APPROPRIATE PHYSICAL TOUCH This language can be tricky, but it’s about respecting boundaries. A high-five, fist bump, pat on the shoulder, and a handshake are generally acceptable, but it is best not to assume. Everyone’s level of comfort differs, so always ask before initiating any type of appropriate physical touch. If you take the time to understand your employees’ preferred language of appreciation, you can communicate more meaningfully and positively.
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Fair Is Fair THE MEANING BEHIND ‘FAIR USE’ COPYRIGHT LAWS
Copyright law in the U.S. is confusing. A brand has the right to protect its intellectual property, but the law also allows for “fair use” of copyrighted material under certain circumstances. So, what exactly is fair — and who decides? The fair use doctrine enables commentary, criticism, reporting, research, or teaching. Without it, the news could not run a short clip on a movie, and your child couldn’t quote a novel in their book report. Fair use states that copyrighted material should not be duplicated but can be used for illustrative or critical purposes. There are four factors courts consider when deciding whether a particular use is “fair.” They are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of material used, and the effect on the copyrighted work’s value. These criteria are less complicated than they sound, but how the courts interpret them can be very complex. Purpose and character of use refer to whether the copyrighted work is used for commercial or educational purposes. Consider a university, for example: Using Mickey Mouse on university clothing would be a
copyright infringement, but showing a clip of Mickey Mouse in class to discuss the history of animation would be fair use.
The nature of the copyrighted work generally refers to whether the material is already published. For instance, you cannot publish excerpts from private letters and declare fair use. Amount or substantiality reflects how much of the material a person uses. While there is no strict rule, courts will likely view a 30-second clip differently from a 30-minute one. Finally, the effect on the market asks whether the use will give people less need to purchase the original work. For example, fewer people will likely buy a book if half of it is published online; one paragraph won’t have the same effect. When deciding whether something is fair use, courts must consider all four factors, meaning applying the law can be tricky. As a broad rule, entertainment and advertising purposes do not fall under fair use, but criticizing, reporting on, or teaching about a work does. Still, many well-intended people have discovered that their so-called fair use wasn’t so fair after all. So, consult a copyright lawyer for guidance if you have any doubts about being on the right side of the law. SUDOKU
Slow Cooker Cheesy Garlic Brussels Sprouts Inspired by TheKitchn.com
Brussels sprouts are a tasty seasonal veggie to incorporate into your diet this January. With a creamy cheese sauce, this recipe takes comfort to a new level.
Ingredients
• 1 tbsp unsalted butter
• 1/4 tsp freshly ground black pepper • 3/4 cup grated Parmesan cheese
• 2 1/2 lbs Brussels sprouts, trimmed and halved
• 4 cloves garlic, thinly sliced
• 2 tbsp heavy cream
• 4 oz cream cheese, cubed
• 1/8 tsp freshly grated nutmeg
• 1/2 tsp kosher salt
Directions
1. Coat the inside of a 3–5-quart slow cooker with butter. Add Brussels sprouts, garlic, cream cheese, salt, and pepper. Toss to combine.
2. Cover and cook on LOW until the Brussels sprouts are tender, 2–3 hours.
3. Turn the slow cooker off or to the “warm” setting. Stir in the Parmesan cheese, cream, and nutmeg until the cheeses melt and the Brussels sprouts are coated in a creamy sauce. Season with more pepper to taste.
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INSIDE THIS ISSUE 1 2
Breaking Down Personal Injury Myths The 5 Languages of Appreciation in the Workplace Case of the Month Is It Copyright Violation or Fair Use? Slow Cooker Cheesy Garlic Brussels Sprouts 5 Apps to Track Your Spending
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SETTING AND MAINTAINING BUDGETS IN 2023
THE 5 BEST APPS TO TRACK YOUR SPENDING
HONEYDUE Honeydue is an excellent app for couples because it allows each partner to see and track their finances, either separately or jointly. It can sync up bank accounts, investments, and loans and organize expenses into custom categories with personalized limits for each. The best part is that despite being made for partners, privacy can be toggled to each user’s specifications. FUDGET If you’d rather not sync up all of your financial accounts, Fudget may be right for you. The app is straightforward, with lists of incoming and outgoing money and a balance tracker. There aren’t any budgeting categories or graphs to interpret — it’s finance at its simplest. No matter what financial goals you strive to achieve this year, an app is an easy and accessible way to get you on the golden road in 2023!
budgeting. You can even set limits for each personalized category. The app is helpful for paying down debt, checking your credit score, and saving money. YNAB Instead of tracking past transactions, YNAB is one step ahead and follows a “zero-based budgeting system,” which helps you plan for each dollar earned. When you’re paid, the app assists you in mapping out how much of the income you can spend in each category you set, helping you become more intentional with your spending habits. PERSONAL CAPITAL Used mainly for investments, you can also get some budgeting assistance with this app! Checking accounts, savings accounts, credit cards, 401(k)s, loans, and mortgages can all be tracked and monitored on Personal Capital. The app even offers a net worth and portfolio tracker to help you get more out of your money.
Lots of people make New Year’s resolutions, and one of the most common themes is improving their personal finances. Whether they set out to better manage their debt, invest more in savings, or budget their spending better, a quick and easy-to-use app on their phone can make that goal much more attainable. Here are five of the best tools to track your spending: MINT CNBC rated this gem of an app the best free budgeting app! Along with extensive budgeting features that sync your checking accounts, savings accounts, loans, credit cards, investments, and bills, Mint can track your expenses and categorize them for
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