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Ken Levinson Recognized as 2022 Top 100 Super Lawyer

January 24, 2022 by Levinson and Stefani Leave a Comment

Levinson and Stefani congratulates Ken Levinson on being recognized as a Top 100 Super Lawyer in Chicago for 2022!

Levinson has been selected as a Super Lawyer by Thomson Reuters for over a decade, and is beyond honored for this recognition in the new year.

“We’re thrilled for the acknowledgement from our peers–this is truly a vote of confidence and recommendation by fellow lawyers in the community, and by fellow Illinois attorneys who screen their colleagues throughout the state,” Levinson said. “To be recognized by my peers is fantastic and I’m just really thrilled and honored to be in the top 100 category–it’s just really humbling.”

Thomson Reuters’ Super Lawyers chooses outstanding attorneys through a multiphase selection process, including peer nominations, thorough evaluations, and independent research, with candidates being evaluated on a dozen criteria in regards to personal, professional achievement and peer recognition.

The overarching goal of Super Lawyers is to comprise a comprehensive listing of attorneys who go above and beyond so that clients can find the best legal counsel possible to fit their needs.

Levinson and Stefani’s Jay Levinson was also chosen as a top 100 Super Lawyer for 2022, about which Levinson is equally as thrilled.

“It really shows how much effort we put into our cases and how much we truly care about our clients,” noted Levinson. “This reflects upon our representation within the community–but it’s all about our clients, really. That’s the focus. It stems from our hard work and the dedication we have to our clients.”

To see a full list of Illinois’ 2022 Top 100 Super Lawyers, click here.

Crashes Continue in Winter Weather; Safer Driving Practices are Vital, Ken Levinson Says

January 19, 2022 by Levinson and Stefani Leave a Comment

Winter weather has taken its toll across much of the midwest and east coast, with incoming storms that have been quite unexpected–and severe.

This month, we’ve already seen arctic air surges throughout the Northern Plains and the Midwest, heavy snowfall across New England and the Northeast, and even inclement weather and snow storms in the Pacific Northwest and Northern Rockies.

In the first few weeks of the year, many states have been seeing concerning incoming weather systems that have raised worries for truck drivers and passenger drivers alike. Low pressure off of the Mid-Atlantic coastline made its way northeast, bringing moderate and heavy snowfall to areas across New England–with snowfall of up to 8 inches showing up in eastern Massachusetts, eastern Connecticut, Maine, and Rhode Island.

“High winds are expected throughout the state, increasing the danger of downing powerlines and trees,” said the Maryland State Highway Department.

“There will be high wind warnings for much of the state today, and likely closures to Light and High Profile Vehicles,” said the Wyoming Highway Patrol. “Please monitor wyoroad.info or 511 for updates on opening times for I-80, as well as potential wind closures. If [or] when it opens, please be safe and allow extra travel time.”

Snow bands formed throughout the Great Lakes, with other cold weather systems making their way throughout the Northeast and Mid-Atlantic. Additionally, the Northwest saw heavy amounts of moisture, with one-to-two feet of snow showing up across the Northern Rockies. Blizzard warnings have been in effect due to heavy winds and drifting snow throughout the Northern Great Basin and Northern Rockies, as well, with another arctic cold front showing up later throughout the Midwest and Northern Plains. This cold front brought with it freezing rain, along with more snow–especially across the Midwest.

As was to be expected, roads across the country began seeing various crashes and incidents taking place, often shutting down stretches of highway.

“A tractor-trailer rollover on Interstate 95 north at Exit 90 by the Mystic Aquarium caused over 400 feet of damage to the wire rope guardrail and has [a] portion of the highway shut down right now,” said the Connecticut State Police in a social media post. “Thankfully, there were no other vehicles involved and no one was injured.”

Troopers in Jackson also brought attention to snow-caused accidents, tweeting: “Troopers are currently on the scene of a crash that had the westbound lanes of I-40 shut down at the 93.2 mile marker. Please use caution and seek an alternate route if possible.”

Connecticut police also called for safer driving during this kind of weather. “These crashes are preventable,” they continued in their post. “We urge commercial drivers to reduce their speeds in these poor weather conditions. Doing so can help prevent costly damages and tragic crashes.”

Levinson and Stefani’s Ken Levinson agreed with this call for safety, noting that distracted or lazy driving can be detrimental during this time of year–especially when it comes to sharing the road with heavy duty trucks.

“You should always drive defensively and be very cautious of trucks near you, especially in bad weather,” he urged. “You never know who’s driving the commercial vehicle in front of you–it may be a trainee, someone underqualified, someone who’s had previous crashes who shouldn’t be behind the wheel at all…they could be distracted, beyond their hours of service, and tired, so be very, very cautious.”

In case these warnings fall on deaf ears, Levinson reiterated that devastating accidents do indeed occur often–particularly when someone isn’t paying close enough attention to the road or is too impatient while driving in inclement weather.

“We see a lot of crashes in the cases brought to our office in which the crash occurs because the driver wasn’t trained well, was distracted, or was tired, so extra caution needs to be taken in this kind of weather,” he noted. “Impatience is something we all face on the road. There’s a dynamic where you’re frustrated, you want to get to where you have to be, and it’s just not worth it to speed or pass a vehicle improperly or cut corners. In the long run, you want to be patient so you can get to your destination in one piece. It’s easier said than done sometimes, I get that, but it’s all the more reason to stay safe when a truck is in the vicinity–it’s just too dangerous.”

ATRI Laments Both Small and Large Trucking Injury Verdicts; Ken Levinson Weighs in on Fair Trials

January 5, 2022 by Levinson and Stefani Leave a Comment

Trucking industry complaints against small and large verdicts have been released in a new American Transportation Research Institute report, stating that even verdicts of less than $1 million have a lasting, cumulative effect on the industry, allowing it to experience significant financial strain.

The report also made sure to point out that trials consisting of cases involving deaths or injuries lead to larger awards, although it is unclear why this isn’t a no-brainer.

“The reality is that a jury and a judge hear evidence to value a case, and many times, families are left devastated and people are killed,” explained Ken Levinson of Levinson and Stefani. “Then, the verdict is high because the consequences and damages are so high due to unsafe behavior. I think any complaints against this are all propaganda to make more money for the insurance companies.”

In ATRI’s study, named “The Impact of Small Verdicts and Settlements on the Trucking Industry,” ATRI worked to dive into expensive litigation outcomes and the impacts even smaller awards have on motor carriers.

“While cases of this size are not individually as devastating to motor carriers and thus do not attract the attention of media outlets, in aggregate, they have a significant negative impact on the trucking industry,” the group said in its study.

Levinson noted that pointing to smaller cases that have deeper impact on the industry is tactical, and doesn’t give an accurate outlook of this particular litigation landscape.

“It’s more propaganda for the trucking industry to save money,” he said. “They’re using examples of outliers and distorting the facts to propagate their agenda and scare people.”

ATRI’s study had support from one attorney of Carlisle, Pennsylvania transportation law firm, Marcello & Kivisto LLC.

“This analysis proves a theory that I have always had: there are two markets as to the value of cases–the settlement market and the trial market,” firm attorney Doug Marcello, who worked with ATRI in its report. “There should be one market, and that is what a case is objectively worth.”

Levinson explained that this belief has little basis in the reality of the legal process.

“That’s absolutely absurd,” he said. “There is no objective value of a case—that’s why we have juries. This isn’t like a breach of contract, where the contract was made to provide a good or service for a million dollars and someone made a breach in contract. We’re talking about human lives—there is no objective value. That’s why we have a jury of unbiased citizens in the community hearing the evidence and assessing what they think the value is.”

In its report, ATRI claimed that cases involving severe injury have high average verdicts of around $368,237, and that cases involving deaths have the highest average verdicts of around $607,532. It also lamented findings that settlements typically lead to larger verdicts than jury cases.

“All sides present their case in a fair courtroom, and the jury, based on the evidence and facts, decides what they believe is fair and reasonable,” Levinson explained. “The other premise is that there’s a difference between settlement value and trial value—of course there is. Because there’s no objective value of a case, all sides of the equation evaluate the facts and the evidence and assess what they think a jury would do and they settle a case based on their best estimate and the assessment of risk. That’s why it’s different.”

Of course, cases involving any severe injury or fatality are deserving of large verdicts to mitigate those medical costs as well as the trauma endured.

“That’s why we have a jury of unbiased citizens in the community hearing the evidence and assessing what they think the value is,” said Levinson. “If there was an objective value, we could just plug it into a computer and it would spit out a number. There is no such thing; that’s like saying there is an objective value as to who should have won the last ten presidential elections. That’s why human beings make decisions. When you’re evaluating the death of a spouse or a child or a loved one, there’s no one objective value. That’s not how life works.”

Updates in 2021-2022 Edition of Ken Levinson’s Book Series

November 26, 2021 by Levinson and Stefani Leave a Comment

The 2021 to 2022 Edition of Litigating Major Automobile Injury and Death Cases, written by Levinson and Stefani’s own Ken Levinson along with Tom D’Amore, has some new updates in its latest version.

The two-volume series, which aims to offer legal and scientific insight regarding how best to prepare auto injury cases for the best possible awards, has some updated materials in Chapter 1, “The Importance of Law Firm Marketing.” This chapter covers how best to build your firm brand using internet marketing, organic and local SEO, and Google search result rankings, as well as how to use social media and email marketing to your advantage.

“This series is designed to provide plaintiff attorneys with clear guidance on representing major automobile injury and death cases, and strategies for winning large damage awards with the least expenditure of effort,” explained Levinson.

Additionally, Chapter 8–Depositions–is revised to look further into how to boost remote deposition success when so many depositions are now held over Zoom following the pandemic. Specifically, this chapter covers how to allow all participants to see exhibits and witnesses as clearly as possible, how to maximize your video and audio quality, and as how to minimize background or technical difficulty disturbances.

“Our objective is to help attorneys achieve maximum damage awards on behalf of their severely injured clients,” said Levinson. “The series features written discovery, depositions, medical, and other expert witness testimony, and aspects of automobile jury trials–as well as the necessary forms needed to handle a case from beginning to end.”

The series, published Thomson Reuters, is available here.

Ken Levinson to Speak at Connectionology Webinar

November 17, 2021 by Levinson and Stefani Leave a Comment

On Tuesday, November 30th, Levinson and Stefani’s own Ken Levinson will be speaking in a free Connectionology webinar named “Over $400M in Verdicts, Thousands of Focus Groups: Lessons Learned.”

Levinson is thrilled to be part of this event as he believes deeply in attorneys sharing their unique methods and insight into helping their clients, because any lawyer should be willing to expand their own perspectives as often as possible.

“These are lessons about what the best lawyers in the country do to win their cases and their mentality in doing so,” explained Levinson. “One takeaway I’ve discovered from all the lawyers I’ve worked with–which includes some of the best in the country–is that they’re always willing to improve and learn. They never feel like they have all the answers, and they’re always looking to better themselves as trial lawyers and learn the best ways to tweak their cases for the better.”

Also speaking at the virtual conference will be Lauren D. Fraser or Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., and moderating will be Destiny R. Barbosa of Romano Law Group.

“We’ll also discuss some things lawyers make mistakes about,” Levinson continued. “For instance, they might have a great theme, but the wrong case. They’ve got to match, otherwise they’re going to lose. We’re going to talk for an hour or so and try to help lawyers help their clients.”

Any plaintiff and criminal defense attorneys, as well as paralegals, are invited to attend the webinar, which Levinson notes will be beneficial for anyone looking for an outside perspective into the world of focus groups and successful cases.

“We get lost in our own world and our own silos and how we prepare cases,” he said. “We sometimes get lost in the weeds and in the details of our cases. This event is a nice way to step back and see what other lawyers in the country are doing to best help their clients, get more perspective on what some other trial attorneys do to prepare, and how we can use that insight to help our clients.”

The free webinar event will take place between 3:00 P.M. and 4:30 P.M. EST–plaintiff attorneys, criminal defense attorneys, and paralegals can register here.

Ken Levinson Weighs in on the Importance of Safety Culture as Truckers are Recognized for Safety Efforts

November 10, 2021 by Levinson and Stefani Leave a Comment

Many members of the trucking industry who have gone above and beyond in regards to safe driving, industry improvement efforts, and community aid were recognized by the American Trucking Associations at its recent Management Conference and Exhibition.

One important award was given to John Christner Trucking’s Larry Miles–the Driver of the Year Award. Miles, who has been working as a professional trucker for 57 years, has completed more than 7 million accident-free miles in his career since he began his work transporting telephone poles in 1961.

“Larry is more than deserving of this recognition,” said FedEx Freight driver, Dion Saiz, who presented Larry with his award. “He has dedicated his life to driving safely. He is a hardworking professional who is willing to share his experiences with his fellow drivers.”

J.B. Hunt also hosted an event recently to recognize 116 of its drivers for reaching the million-mile mark without having been involved in any preventable accidents.

“Our Million Mile drivers represent the epitome of who we want all our drivers to be,” said J.B. Hunt’s chief operating officer and president of contract services, Nick Hobbs. “It’s their unwavering commitment to be the very best at what they do that makes this accomplishment so special. We couldn’t do what we do without them.”

At the Million Mile Celebration, J.B. Hunt drivers who were celebrated had reached anywhere between 2- and 5-million miles driven without accidents. 

It was also clear at this event that drivers were thrilled to be recognized for their safety efforts, as they got to walk in the company’s Million Mile Walk of Fame and have their names listed on J.B. Hunt’s Million Mile Wall–a wall filled with the names of nearly 4,000 truck drivers who have driven between 1 million and 5 million safe miles.

“We’ve been hosting this ceremony for 20 years, and I believe we’ll be doing it for 20 more,” said John Roberts, CEO of J.B. Hunt. “The atmosphere is electric. There’s so much excitement to celebrate our drivers and their achievements.”

It’s clear that companies like John Christner and J.B. Hunt have made a point to prioritize driver safety and do their part to keep our country’s roadways as safe as possible when their truckers are sharing the roads with us–something especially commendable when American roadways have seen the highest numbers of traffic deaths in 15 years.

“We applaud safe trucking companies and the members of the industry who look at safety culture as a priority,” said Levinson and Stefani’s Ken Levinson. “We’re all for safe drivers and for keeping everybody healthy, safe, and able to use our roadways without injury.”

Levinson noted that because his firm focuses on auto injury cases, folks may think he and his partners denounce all trucking companies, when the goal is just to hold these companies accountable for the role they play in traffic safety.

“We’re not looking to vilify every trucking company, because there are some good ones out there,” he said. “Our mission is to hold the unsafe companies accountable when they violate safety rules, and when those consequences create havoc for our clients. We’re not against truckers, in fact, we represent a lot of hardworking men and women who are commercial drivers, and we understand very well the pressures they’re under, how difficult of a job it is, and all the obstacles they have–and we tip our hats to drivers who are accident-free and look at safety as a high priority.”

In fact, Levinson said it’s in a trucking company’s best interest to take safety concerns to heart, because not only is hiring the safest drivers possible the best thing to do for a company’s community, but it will benefit it highly in regards to the longevity of its services.

“I think in the long run, it would be more profitable for a trucking company if they prioritize safety,” Levinson continued. “Skirting around safety rules and hiring unsafe drivers who have been in multiple crashes in the past might be a good strategy for the short term, but in the long run–and to do the right thing–it’s much better to have a safety culture that regards safety on our roads as a high priority.”

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