AUG 2018
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Perspectives PMB
OF A TRIAL Anatomy
You’ve likely seen depictions of a trial on TV. Whether it was Court TV or a movie like “A Few Good Men,” you get a sense of what goes on in a courtroom between the attorneys, judge, and jury: the tense interactions at the judge’s bench, the dramatic moment when a witness is cross- examined, and terms like “hearsay” and “admissible evidence.” These terms play a very important role in determining what can and cannot be used in a trial. These terms fall under the rules of evidence: the governing rules for what evidence can be introduced in a trial. It’s what you often see on a show like Law and Order SVU — some startling new evidence is uncovered, but it’s inadmissible. For example, if a client falls on a sidewalk, and afterwards, the sidewalk is repaired by the company who owns it, the fact that it was fixed can’t be introduced in court — it’s inadmissible evidence. That might sound unfair, but there are reasons behind this rule. For one, it could discourage companies from making repairs after an accident if they think it might cause a court to find them at fault. And contrary to what we often see in the media, just because someone gets hurt on someone else’s premises doesn’t mean they’re legally responsible. There are laws in place that determine whether or not a company or individual is liable.
Some hearsay is admissible in court, and some isn’t. Testimony about what someone else said for the purpose of proving its truth is considered inadmissible hearsay. That testimony must come from the person who has direct knowledge of its truth. An example that comes up in most of my cases is this one: Say a doctor told you that you’re going to have pain for the rest of your life due to your accident. If you were to testify about this in court, it’s considered inadmissible hearsay — it’s just based on what someone else said. You would need to bring in the doctor to testify, in order for that evidence to become admissible. Jury selection is also a crucial part of a trial. In a civil case, you have six jurors, and 12 in a criminal case. You’re looking for people who can be objective, fair, and impartial — people who don’t come in with predisposed bias either for or against your client. If your client is an 85-year-old man, for example, you don’t want jurors who are going to dismiss him because he’s elderly. If your client is Muslim, you wouldn’t want people who are biased against him on that basis. Of course, you can’t always get into someone’s head. Sometimes it’s a gut feeling about a person; sometimes it’s the way they’ve answered a question or the rapport you think you might have with that juror.
Hearsay is a statement made by someone other than the person testifying. A witness might say, “Joe told me that the light was green.” That’s hearsay.
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TRANSPORTATION SAFETY TIPS
Protect Your Children During Their Commute
KIDS ON THE ROAD Whether your child is biking, walking, or even skateboarding, it’s vital that they know and follow the rules of the road. All children should practice road safety behavior, such as riding on the right side of the road, wearing helmets, stopping at stop signs, and watching out for cars. Internalizing these habits will help them stay aware of their surroundings when traveling to and from school. SHARING THE ROAD When school starts, the roads become even more cluttered than usual. On top of people heading to work, there are large buses making frequent stops, parents rushing to drop their kids off, and young kids biking or walking to school. With the added tension on the road, it’s important to be alert and move cautiously. Slowing down in school zones or around young pedestrians will keep you vigilant and could potentially save lives.
With the school year fast approaching, families are in preparation mode. Parents are busy buying new clothes and school supplies and thinking about the best way to get their kids safely to school. Keeping your child safe on their commute starts with knowing the transportation method that works best for you and the rules that accompany that method. TAKING THE SCHOOL BUS According to the United States Department of Transportation, the school bus is the safest means of transportation to and from school. Buses are built to withstand a hit and distribute the damage throughout the vehicle, keeping its passengers safe and sound. Knowing basic bus safety will help kids be mindful when taking the bus. Before the school year starts, take your children to the bus stop and show them where they should stand when the bus approaches — a minimum of three large steps or 6 feet from the street. Tell your kids about the importance of sitting still and not standing in the bus while it’s in motion. There’s inevitably some subjectivity. But before the jury selection, you come up with personas of what your ideal jurors would look like — it all depends on the case. We’re looking for people who will not only be impartial, but will relate to our client and see them as a person. Sometimes, the first six people who walk into the courtroom can be the right people — though I’ve never tried a case where I’ve accepted the first six. In court, I enjoy the opportunity to use my analytical skills and cross examine a witness when there’s something really good to examine — for example, when I suspect the witness is lying, or that they don’t know what they’re talking about. There’s a sense of uncovering hidden information that I take satisfaction in. In many personal injury cases, the insurance company will have my client examined by another doctor, and they call it an independent medical exam, when it really isn’t. The first question I ask when I cross examine that doctor is, “This wasn’t an independent medical exam at all, was it? Wasn’t it really a defense exam since they hired you to conduct the exam?” Usually there’s a bit of back- and-forth until I show that the exam wasn’t actually independent at all. At the end of the day, my number one job is to be an advocate for my client within the rules of evidence. Everyone else has opposing interests; everyone is there to advocate for someone — I’m there for my client. CONTINUED FROM COVER ...
Teach your kids to be prepared and safe on the road to ensure that they have a healthy and safe school year.
–Wendy Bornstein
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of underinsured motorist coverage you have purchased. The amount you can recover under your underinsured motorist coverage is reduced by the amount you recover from the other driver. For example, let’s say the car that hits you has $15,000 in liability coverage, and your underinsured motorist coverage is $50,000. The most you can recover from both policies would be $50,000: $15,000 from the car that caused the accident and $35,000 from your policy. This is because your coverage is actually the difference between what you purchased and the amount of the other car’s liability policy. In some states, if there are multiple policies in a household, a person injured in an accident caused by an uninsured or underinsured motorist can “stack” the policies, which means they can add up all of the uninsured or underinsured motorist coverage in the household and have available coverage up to the total. In New Jersey, however, stacking is not permitted. Therefore, if there are multiple policies in a household, the maximum coverage available would be the highest limit of all the policies, and then each policy would contribute on a pro rata basis. There are many situations that don’t fall squarely within these rules, and our courts have been called upon time and time again to determine what coverage is available in a given situation. If you have any questions about uninsured or underinsured motorist coverage, or about any kind of accident or workplace injury, call us for a free, no-obligation consultation. BY AN UNINSURED VEHICLE?
When you are injured in an automobile accident caused by someone else, it is important to determine how much liability insurance the other driver has. But what happens if they have no insurance or only minimum insurance? Your personal automobile insurance policy includes Uninsured and Underinsured Motorist Coverage (UM/UIM) to protect you in the event you are injured by someone with insufficient or no insurance. While your liability coverage is for the benefit of someone you may injure, your UM/UIM coverage is for your benefit when someone else injures you. Therefore, you should consider purchasing the highest UM/UIM limits you can. Your UM/UIM limits cannot exceed your liability limits. In other words, you cannot purchase more coverage for yourself than you purchase for the benefit of others. There are various scenarios in which a vehicle can be considered uninsured. Aside from the obvious situation in which a vehicle has no liability insurance, most likely because it has lapsed or been canceled, a vehicle is also considered uninsured if it the driver flees the scene of the accident and cannot be identified; if the insurer of the vehicle is insolvent, bankrupt, or in liquidation or has denied coverage; or if it is covered by a “special policy” — a policy available to qualified low-income people primarily to afford them with emergency medical coverage. Things get a bit more complex when you are injured in an accident caused by an underinsured vehicle. In general, a vehicle is considered to be underinsured if the liability coverage on that vehicle is less than the limits What If I’m Hit
TAKE A BREAK
HALIBUT Summer Grilled
INGREDIENTS
• • • •
2 pounds mixed tomatoes, sliced 1/2 cup hearts of palm, drained
•
4 boneless, skinless halibut fillets, about 5 ounces each 1/4 cup olive oil, plus extra for drizzling
• •
Basil leaves, for garnish
1 lemon
Kosher salt and black pepper, to taste
DIRECTIONS
4. In a mixing bowl, combine tomatoes, hearts of palm, juice from lemon, and oil. Season with salt and pepper. 5. Garnish salad with basil. Spoon salad over grilled halibut. Serve.
1. Lightly oil grill grates and heat grill to medium. 2. Grate 1 teaspoon lemon zest onto halibut fillets. Drizzle with olive oil and season with salt and pepper. 3. Grill halibut, turning just once, for about 5 minutes on each side.
Inspired by Bon Appetit magazine.
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INSIDE THIS ISSUE
1
Wendy Takes Us Through the Anatomy of a Trial Keep Your Kids Safe on the Way to School
2
3
What if I’m Hit by an Uninsured Vehicle?
Summer Grilled Halibut
4
Sleep Better and Feel Great
How to Achieve a More Restful Night’s Sleep
A good night’s sleep is one of the most important things you can do for your mind and body. One study published in the Journal of Psychosomatic Research found that the quality of your sleep is much more important than the quantity — that is, if you want to feel rested. And we all want to feel rested. So, what can you do to improve the quality of your sleep and get the rest you need? Listen to your body. This, above all else, is crucial to a good night’s sleep. Your body knows when it’s time for bed. Generally, you want to go to bed when you feel tired, whether that’s at 8 p.m. or 1 a.m. Whenever your body tells you it needs rest, you should make a habit of going
to bed then. The more consistent you are, the better your sleep will be.
— before bed is detrimental to sleep quality. Light from these devices is disruptive to your brain’s suprachiasmatic nucleus (SCN), which helps regulate your circadian rhythm, and screen time before bed can throw off normal SCN function. Put your excuses for staying up too late to bed. Say no to “one more episode.” And all those emails? They can wait until tomorrow. Not getting enough quality sleep is harmful to your mental and physical health. When you get into the habit of following these three tips, you’ll find yourself feeling rested and refreshed in no time.
Wake up naturally. Jolting yourself awake with an alarm or radio isn’t doing your brain and body any favors (it can be stressful on the body and even elevate blood pressure, which is not good first thing in the morning). If you do need an alarm, consider a wake-up light. Wake-up lights mimic the sunrise, slowly brightening the room, waking your body in a natural, gentle way. Kick the screen habit. You’ve heard it before, and you’ll hear it again: Looking at an electronic screen — a TV, computer, tablet, or smartphone
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