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Jay Stefani

When (jury) duty calls

September 2, 2015 by Jay Stefani Leave a Comment

Reflecting on our civic responsibilities

I had the day off on Monday. It didn’t mean I spent the day with my wife or kids, though. And it didn’t mean I was able to get caught up with my “to do” list at home. Instead I spent the better part of the day being a good citizen; I was called for jury duty.

As a lawyer, I know how important juries are. The right to a trial by jury (the 6th and 7th Amendments for those taking notes) is a good part of what makes our country so unique and so great. A small group of citizens can determine the fate of the lowliest member of our community up to the most powerful corporation. Nevertheless, most of us have the same initial reaction to a Summons for Jury Duty: a heavy sigh.

Bill_Of_Rights

It was certainly interesting being on the juror side. The beginning of the experience was simple—I got a letter in the mail, filled out an online questionnaire, and received the Summons a few weeks later. Monday morning, I headed to the courthouse. I’ve been there numerous times for work, so I was spared the logistics: Where is the courthouse? How long does it take to get there? Is there parking? The parking lot is where the familiarity ended.

I’m usually able to bypass some or all of the courthouse security with other attorneys and courthouse employees. On Monday, though, I wasn’t there as a lawyer, so I emptied my pockets, took off my belt, put everything in a plastic bin, and walked through the metal detector. I then headed up to the Jury Assembly Room on the third floor, where a clerk checked my name, took my Summons, handed me an informational brochure and a juror nametag, and had me take a seat. Once all 116 of us had checked in, the clerk spoke to us about the importance of the right to trial by jury, our role in the justice system, and—of great importance—where the coffee, snacks, and restrooms were located. Next, a Court Security Officer used some great stories to discuss the importance of following courthouse rules. Lastly, one of the judges came in and thanked us for being there, and then let everyone in on a “secret” I already knew.

The reality is most cases settle. Criminal defendants accept a plea. Opponents in civil cases—people or businesses—reach a compromise. Sometimes, cases settle fairly early in the process, often when the facts or law are strongly in one side’s favor. But we’ve all heard the phrase, “they settled on the courthouse steps.” That happens because when the parties and attorneys walk into court on the day they’re scheduled for trial, they know a jury is waiting—the opportunity to work things out, to have control over the outcome, is just about over.

My day didn’t end in a courtroom. Only 20 or 30 people were called in for a trial, while the rest of us were thanked for our time and dismissed that afternoon. Ultimately, I was able to catch up on some email, chat with others in the room, get some reading done, and get home in time to pick my daughter up from her bus stop. But my day was not a waste. Far from it.

Back to School: Coping with our daughter’s allergies

August 24, 2015 by Jay Stefani Leave a Comment

Back to school with my daughter, who is sporting her allergy bracelet.
Back to school with my daughter, who is sporting her allergy bracelet.

Safety calls for lots of due diligence … and being a little annoying.

My wife and I have spent countless hours thinking about something we can’t always control. Like many kids, our six-year-old daughter has allergies. Like many kids, her allergies have life-threatening implications.

We learned the hard way. At the time, our youngster was 18-months-old and we were in the midst of making peanut butter and jelly sandwiches. You can guess what happened next. Within seconds, one of her eyes closed shut and her lips ballooned to gargantuan proportions. Next stop: allergist. It was there that we discovered she was allergic to peanuts, tree nuts and dairy. Frightening doesn’t begin to describe it.

Nearly 15 million Americans have food allergies, according to research compiled by FARE (Food Allergy Research & Education). It affects 1 in every 13 children under the age of 18, roughly two in every classroom. A study released in 2013 by the Centers for Disease Control and Prevention showed that food allergies among children increased by roughly 50% between 1997 and 2011. The number of people with allergies continues to grow yet no one knows why. It’s caused a lot of angst for kids, and mostly for parents who have no choice but to be on the lookout.

Experience has taught us that, when it comes to allergies, nothing is foolproof. We’ve learned that the biggest problem is not necessarily being unprepared, it’s preparing others to make serious decisions. Our daughter goes to public school, and each year one of the routine requirements is a form that outlines her medical issues. It’s a step to ensure the safety of our daughter, but it’s just one of many. We try to put our minds at ease by following a few routines and by taking nothing for granted.

Meet the administrators

Every fall we schedule a visit to see the school nurse. Our conversation starts off like this: “Our daughter has a peanut allergy. Here’s the plan we’ve outlined for this year in case something happens.” Note that we say this year. Phone numbers change. Addresses change. Staff members change. Even allergies change. We like to get ahead of the curve. We make sure the school understands the severity of our daughter’s allergy, we agree on an unambiguous plan of action, and we keep the dialogue open throughout the school year. Most importantly, we make sure everyone is comfortable with the plan and that no one is afraid to contact us if there’s a problem.

Equipment

Next, we talk about equipment: “Our daughter has an allergy that requires an EpiPen. Does your staff know how to administer an EpiPen properly?” The answer can vary. It’s almost always 50-50, depending on new staff hires. In some cases, we’ve made sure to watch staff members demonstrate administering medication so we’re assured they know what they’re doing. Yes, we may be the irritating parents all admins talk about when we’re not around, but we’re not taking any chances.

Here are some other questions we like to ask: “Where do you keep the EpiPens? Do you keep them in the classroom? Do you keep them in the cafeteria? Who has access to them? If they’re locked up, do multiple people have keys to access?” With allergies, time is the most critical component. Any delay can turn into a big problem. Don’t be afraid to ask questions, even if they seem annoying. If we have a choice between annoying parents and overly cautions parents, we go with overly cautious.

Know your child’s personality

A child’s demeanor is one of those unassuming obstacles a parent has to face when it comes to allergies. Our daughter is relatively shy, but we’ve taught her to speak up. We’ve taught her to make sure that people know when something is wrong. Some kids may not be so vocal because they feel embarrassed. Teaching them to recognize their symptoms and to feel comfortable approaching an adult is one of the most important lessons we’ve learned over the years. No one wants their child to feel stigmatized, but no one wants them to be in the ER because they didn’t alert someone to the problem.

Don’t sell your kids short. It’s important to have a frank conversation: Here’s what to do if “X” happens: “If someone offers you food be sure to ask if it contains a food you can’t eat. If you’re not sure, don’t eat it.” Soon it becomes habit. As shy as my daughter can be, she’s not afraid to tell people she’s not allowed to eat a particular food.

Overcoming stigmas

Schools are routinely putting systems in place to separate kids with allergies, informally but perhaps detrimentally. A mother in Aliso Viejo, California was shocked when she learned her young son, who suffers from a severe peanut allergy, spent a cookie-baking activity sitting in the corner of the room while the other students pressed on. In Northern New Jersey, school districts have experimented with the “peanut-free table” during lunch break, perhaps unwittingly forcing kids to overcome a different type of social stigma. Overcoming these issues is largely about developing a relationship with the school. My wife and I chose a specific pre-school over others because they did a better job explaining food allergies to their staff, and had a better plan in place in case something happened.

Make it fun

Our daughter doesn’t go outside without an allergy bracelet, even though it’s not the most attractive accessory. But some places have creative alternatives that can make choosing a bracelet fun, including different colors, themes, etc. MedicAlert, for example, boasts a superhero sports band collection and a “sweetheart” charm bracelet. Lauren’s Hope, a company that specializes in medical ID bracelets, looks like a pseudo Amazon.com, offering an array of Men’s, Women’s, Girls and Boys products, anything from waterproof bands to leather and stainless steel. The “Fun and Funky” category is always a good choice. When wearing a bracelet isn’t viewed as a punishment or Scarlet Letter, it’s a win-win for everyone.

What Should I Ask a Personal Injury Lawyer?

May 18, 2015 by Jay Stefani Leave a Comment

I’ve written about how to choose a lawyer, but when you’re meeting with an injury attorney, what questions should you ask? If you’ve never been through the process before, how do you know what you need know – or ask? The fact that you’re thinking about this shows that you’re already on the right path! As we have heard, we need to know both the knowns and the unknowns.

“What do you need from me?”
You and your lawyer are a team, and like any successful team, you need to work together to be successful. A good trial lawyer will let you know early and often what he or she needs from you. We often hire an investigator or request records and reports, but you probably have information that we don’t (what doctors or hospitals you have been to, names of people who can help). If the lawyer doesn’t ask, be sure you ask the lawyer what you can provide.

“Who pays my medical bills?”
This is one of the most frequent – and most important – questions I get asked. You or a loved one has been hurt and you probably have a bunch of medical bills stacking up on the kitchen table, with more coming. This question has many answers depending on your situation, but an experienced attorney can walk you through each scenario, and may also be able to help you navigate getting them paid. Be sure to ask this question early – before the bills go into collections!

“How long will this take?”
This is a hard (but fair) one because I’m giving a question that doesn’t have an answer. Each case is different, and each case takes different twists and turns that we won’t see until we’ve started the journey. However, it’s important that your lawyer keeps in touch with you throughout the case – letting you know what’s happening, what to expect, and how things are going.

 

These are just a few of the questions you’ll want to ask a lawyer – there will be more. The most important thing to remember, though, is to maintain a dialogue throughout your case.

Learning Litigation: Legalese

May 11, 2015 by Jay Stefani Leave a Comment

Sometimes it doesn’t take much to sound like a lawyer – just start throwing around words normal people don’t use, like “Interrogatories,” “Plaintiff,” or “Deposition.” We hear people toss these around in TV shows and movies. Maybe you’ve heard a lawyer use them (without taking the time to explain what they mean). Today’s post – the first in a series discussing, unraveling, and demystifying litigation – tries to explain some of the most common words and terms you may hear in a personal injury case.

  • Complaint: The Complaint (more formally called a “Complaint at Law”) is a legal document that usually begins the case. In short, it’s an outline of the case. It says where the lawsuit is (which court system), identifies the Plaintiff(s) and Defendant(s), describes what happened, and asks the Court for a resolution (referred to as “Relief”).
  • Defendant: This is the person being sued – the person who harmed the Plaintiff.
  • Deponent: This is the person being questioned in a deposition. It could be a witness or a Party to the case.
  • Deposition: Essentially, a deposition is when one or more lawyers in the case ask a witness or a Party – under oath – a bunch of questions about what happened, the injuries, or anything else related to the case. A court reporter or videographer is often present to record everything said at the deposition.
  • Discovery: Discovery is the process by which the Parties, through their lawyers, learn – discover – information about what happened, why it happened, and who was involved. The goal is to get to the truth, but it is a means of establishing what evidence can be used if the case goes to trial. Though discovery can often last a long time, it’s a vital step in the path to resolving a case. The faster we can move through discovery, the faster we can try and resolve a case through settlement or trial.
  • Interrogatories: Often involved in an early stage of discovery, Interrogatories are written questions each Party gives to another Party. Though they can be lengthy and ask for a lot of information, Interrogatories are a good way to discover basic facts about a case, such as names, addresses, witnesses, and medical information.
  • Lien: A lien is when a person or company has a legal right to a portion of your recovery in a case. Most often, liens involve medical bills (whether owed to a doctor or hospital, or owed as a reimbursement to your health insurance). A good lawyer will handle these as part of your case, sometimes by negotiating a lower payment amount.
  • Litigation: This refers to the entire process of pursuing a case or lawsuit in court – from start to finish. It includes motions, discovery, and trial.
  • Mediation: Mediation is the formal process of trying to settle the case. The mediator is a neutral person, not involved in the case, who tries to bring the sides together to resolve the issues. Pre-Trial Settlement Conferences are mediations where the judge acts as the mediator.
  • Motions: A Motion is the formal way of asking the Court to do something. They are usually done in writing, and often involve each Party putting its argument in writing (“briefs,” “responses,” and/or “replies”). After each side has given its written argument to the Court, the judge may have a hearing, in which the lawyers argue their case in front of the judge.
  • Plaintiff: This is the person suing (filing the lawsuit) – claiming someone else hurt him or her.
  • Testimony: The answers a person gives in a deposition or at trial are considered his or her testimony.

I hope this helps eliminate some of the confusion you might experience while navigating the legal system. Are there any terms or phrases I left out that you’d like me to go over?

The Truth About Personal Injury Calculators

March 11, 2015 by Jay Stefani Leave a Comment

math
An online “Personal Injury Calculator” cannot do all  the math for you.  It can’t analyze your personal, unique situation – but a lawyer can help.  Image from Flickr user stuartpilbrow

Can a “Personal Injury Calculator” tell you how much your case is worth?  The short answer is: “No.”   But you deserve a more detailed answer to this question, and the related question, “How much is my injury case worth?”  Let me tell you how injury cases are evaluated by trial lawyers like myself, by the insurance companies paying settlements and trial verdicts, and by the the juries that may be deciding your case.

There are three main factors to look at: 1) who’s at fault, 2) what’s the harm, and 3) who pays.

Who’s at Fault?
In other words, who is responsible for your injuries?  Once we determine who – either a person or a company – is responsible, we next consider whether that person or company can be held accountable for your injuries.  People have a general legal responsibility to drive safely – when they don’t, they can be held accountable for the damages they cause.  Think about getting rear-ended.  Chances are, the driver that read-ended you should have been paying more attention and driving more safely.  If we can prove the driver was not driving safely enough, we can say the driver was at fault.

The thing to keep in mind, though, is that things are rarely black and white.  When it seems like you have an “easy” case, there might be legal technicalities, state laws, or court rulings that say otherwise – all the more reason to contact an experienced trial lawyer.

As I mentioned in an earlier post, you need to trust your attorney is going to be honest with you. Any lawyer interested in helping you should be able to map out the steps he or she will take to ensure the best result possible.  This includes identifying any strengths and weaknesses that arise throughout the case.

What’s the Harm?
The next question is, “What are your injuries?”  This gets us back to the original question of how much your case is worth.  I’ve had several clients and potential clients reference “Personal Injury Calculators” they find online.  The website has you fill in some numbers (medical bills and lost wages, usually), and then it spits out a number that’s supposed to represent a fair settlement amount or range.  It’s a nice concept, but it often leads to wildly inaccurate numbers – either too high or too low.

Medical bills (past and future) are a factor, but they’re certainly not the whole picture. In a recent case I handled, for example, my client was in a car stopped in construction traffic. He was killed instantly when a truck driver ignored constructions signs and rear-ended his car. That case had zero medical bills. A personal injury calculator is worthless – and insulting – in that type of situation.

Lost wages are also a factor, but not the whole story.  If you miss time from work due to an injury, you can claim that as part of your case.  However, using this as a main element in calculating the value of your case causes problems.  A well-paid professional who makes a six-figure salary is going to have a larger number involved if she misses six months of work recovering from a knee injury.  Focusing on lost wages, though, ignores the impact of a stay-at-home parent spending six months recovering from the same knee injury.  A competent injury lawyer should be able to maximize the value of both cases, regardless of whether there are any lost wages.  The lesson here is that each case is unique, and a trained trial lawyer will be able to recognize the needs of your particular case.

Ultimately, the question of “what’s the harm?” boils down to the impact of the injuries on your life.  If you or a family member has been injured in a car crash, I’m sure you feel that your loss is more than just medical bills and lost wages.  And it is!  Injury victims lose meaningful time with family and friends.  If you’re injured, you lose the ability to enjoy life as you choose, on your terms, whether that’s being active, social, or just pain-free.  No online calculator can accurately compute this loss.  Be wary of any attorney who suggests an online calculator or similar shortcut to figure out how much your case is worth.  Put simply, there is no substitute for investing the time and energy needed to fight for the best result possible in your case.

Who Pays?
This is a tough question to talk about.  It shines a light on the inequalities and inefficiencies of our current insurance system, and that is because the answer to this question is generally, insurance companies pay.  And which insurance company pays, and how much it pays, largely depends on the applicable insurance policies.

Many people aren’t aware that the at-fault driver in an injury case rarely pays anything in an injury settlement or verdict.  In a typical car crash case, that person’s auto insurance company pays for the defense lawyer, any costs associated with the case, and any settlement or verdict amount.  That’s what insurance is for.

A good attorney will be able to fully investigate the defendant and find out how much insurance coverage exists and which types of insurance might apply to your case.

What makes this a tough question is this:  the harsh and sad reality is two cases with exactly the same injuries could be worth very different amounts depending on the available insurance coverage. In Illinois, the minimum required auto insurance was recently raised to $25,000. This means it’s possible a family might only be able to recover $25,000 when a drunk driver kills their loved one. However, a family whose loved one dies in a crash when a semi-truck driver falls asleep at his wheel because he’s been on the road longer than allowed would likely recover significantly more – because truck companies are required to have more insurance coverage.  (Of course, even the minimum for truck drivers’ insurance is sometimes not nearly enough to compensate a victim, or a family for the loss of a loved one).  Fair or not, the amount of available insurance coverage may play the largest role in evaluating how much your injury claim is worth – it’s just the way our system works, and we have to work within it.

Conclusion
Going back to the beginning, a personal injury calculator is a misleading – and often wrong – way to evaluate your injury case.  I strongly suggest contacting and meeting with an experienced trial lawyer to discuss if you have a case.  An initial review, which should be free, should result in a detailed plan of action to best protect you and your family.

How Do I Choose A Lawyer?

January 27, 2015 by Jay Stefani Leave a Comment

Jay Stefani and Ken Levinson

The simple fact is most people don’t know a lawyer. That’s an easy fact for lawyers to forget; we’ve gone through law school, we work with lawyers each day, we meet new lawyers at various functions. For better or for worse, we know a lot of lawyers. But what do you do when you suddenly need a lawyer? You don’t know where to look or how to choose “the right” lawyer. On top of all that, you’re probably looking for a lawyer because something terrible just happened – so you’re also nervous, worried, and stressed, on top of being confused.

Where do I look for a lawyer?
Thanks to our shrinking world, it’s pretty easy to find a lawyer. We can search the Internet for anything and everything (you probably got to this article by asking Google: “How do I choose a lawyer?”). You can even tailor your search by looking for a specific type of lawyer (divorce, injury, real estate, etc.).

Odds are you belong to a group of some sort: church, school/alumni, sports league for the kids, neighborhood, etc. Don’t underestimate the power of networking (“I know a guy who knows someone”). Ask around.

Finding lawyers – at least numerous options – isn’t too difficult. But how do you know you’re hiring a good lawyer? How do you know you’ve found the “right” lawyer for you and your case?

How do I choose a good lawyer?
Here’s a secret: a lot of lawyers are good at what they do, assuming you’re talking to the right kind of lawyer. If you were injured, make sure you’re talking to a lawyer who handles injury cases. If you’re buying or selling a house, talk to lawyers who handle real estate matters. That sounds obvious, but be sure to look for lawyers who actually do what you want them to do.

Some lawyers are general practitioners – that’s OK sometimes, but other times you want someone who has a lot of experience in what you need. It makes sense, right? If I have the flu, I’ll see a general physician. If I blow out my knee dunking over Lebron James (humor me), I want to see an orthopedic surgeon. Some states (like Illinois) don’t allow lawyers to say they specialize, but looking at a lawyer’s website will give you good sense. Does the lawyer list a couple dozen practice areas or does she list just a few related areas?

Once you find a lawyer with experience in the field you need, how do you choose the best lawyer for you?

How do I choose the best lawyer for me?
The best lawyer in a particular practice area may not be the best lawyer for you. Once you have found lawyers that handle your type of case, I strongly urge you to speak with (preferably meet with) a few of them. Depending on the type of case you have, you may be working with this person for the better part of a year or more. You want your lawyer to be someone you can trust, someone you believe, and someone who genuinely cares about your case. You can find a lot of information online about an attorney, but you can’t get a sense about the kind of person that lawyer is without having a conversation.

I am always skeptical of the attorney who pressures a prospective client to sign up right away. Is there a deadline rapidly approaching in your case? If so, the attorney should be explaining why your selection is time-sensitive. If not, why is he or she adding stress to the equation? Your choice of a lawyer is very important, and the lawyer is the last person who should be adding pressure to your decision. You don’t want to drag your feet, but you should never feel rushed.

I hope this article better helps you understand the process of choosing a lawyer for your case. As always, please don’t hesitate to reach out if you have any questions!

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