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Ken and Jay head to Boston for annual AAJ Convention

July 18, 2017 by Levinson and Stefani Leave a Comment

Founding Partner Ken Levinson and Managing Partner Jay Stefani will attend the American Association for Justice 2017 annual convention at the Hynes Convention Center, July 22-25 in Boston, Massachusetts. The annual AAJ convention welcomes thousands of accomplished trial lawyers from around the country for a combination of networking events and seminars to discuss the latest developments in trial advocacy.

As leaders of the AAJ’s Interstate Trucking Litigation Group and other sections, Ken and Jay will both moderate discussions related to trucking litigation and ways for lawyers to improve relationships with their clients. They will also touch on recent developments related to federal de-regulation and how trial lawyers must act to protect crash victims from special interests.

Ken currently serves as the ITLG section’s Chair of the Education Committee, Vice Chair of the Motor Vehicle Collision, Highway & Premises Liability Section, and Secretary of Motor Vehicle Collision, Highway, and Premises Liability Section. Ken is also the co-author of 2016-17 edition of Litigating Major Automobile Injury and Death Cases, a comprehensive litigation series published by AAJ Press/Thomson Reuters. Ken recently oversaw the successful $6.25 million settlement related to a wrongful death case involving a van owned and operated by a major trucking company.

Jay serves as Parliamentarian for the AAJ’s Sole Practitioner & Small Firm Section. He is a member of the AAJ’s Trucking Litigation Group, Motor Vehicle Collision, Highway and Premises Liability Section, and the Nursing Home Litigation Group. He also works with the Trucking Litigation Group’s Side Underride Guard Task Force, advocating for a federal mandate that would require all large trucks to equip their vehicles with protective side guards. He has been recognized by various publications, including the local Chicago Reader, for his advocacy.

Five things you should know about truck crashes

June 14, 2017 by Levinson and Stefani Leave a Comment

Our firm’s founding partner addresses a few burning questions

Some things are obvious. Other things are not. Like the fact that commercial truck drivers are bound by stricter laws and regulations. And in the case of impending litigation, it’s best left to an attorney to sort those things out. Because no matter what you may believe, a truck and car crash are two very different things. Ken answers some common questions and concerns we hear on a regular basis.

From a legal perspective, what’s the biggest difference between a truck and car crash?

For starters, federal regulations apply to professional truck drivers and not the average driver. That means truck drivers are required to be extra careful because the consequences of a crash can be severe. That also means the guidelines to obtain a commercial license are much stricter. For instance, there are safety rules that prohibit truck drivers from driving too many hours, which means they’re required to take breaks to ensure safety. Drivers are also required to keep detailed records and logs related to their driving history. Ultimately, a truck crash involves much more paperwork and documentation than a typical crash between two motorists, which can be advantageous but also detrimental if the records aren’t handled or requested properly and timely.

What are some misconceptions about trucks more generally?

It probably goes without saying that the injuries involving a commercial truck are often much more severe than a car, but I’m amazed by how many people overestimate trucks and their ability to make quick, spontaneous adjustments. Fact is, they can’t. Trucks can’t stop on a dime, they can’t make sudden turns, and they certainly can’t maintain high speeds with any semblance of control. On the flip side, a lot of people underestimate the weight and size of a commercial vehicle, which by definition weighs over 10,000 pounds, failing to keep a proper distance to allow for unexpected maneuvers. The running theme is that many people take for granted that trucks can be very dangerous, and they need to be treated and respected much differently than average cars and drivers. The reverse is also true, meaning inexperienced and improperly trained commercial drivers also don’t appreciate that trucks are not as easy to operate as a normal car.

If you’re involved in a truck crash what should you do?

The first thing you should do is make sure you get away from oncoming traffic or other hazards. Find a safe area, that’s number one. If a someone is trapped, put your hazards on, light road flares, lay out cones—any kind of warning sign for other drivers. After you’ve made sure that everyone is safe, you should call the police and medical personnel immediately. Next, take down the information of the driver and their company: name, license plate number, phone number, insurance provider. You’ll want to report the crash to your insurance company and take pictures of the scene, damage to the vehicles, and anything that might seem relevant to record. If there were any witnesses, make sure you get their name, phone number, and as much identifying information as possible. Another thing I would say: You’ll likely be upset and distraught; keep your cool. You don’t want to make a bad situation worse.

Are trucking cases more difficult to litigate than car crashes, and if so, why?

Emphatically, the answer is yes. Insurance policies for auto crashes are relatively straight-forward for attorneys like us, but for trucking accidents, it can get very complicated. The truck could be leased by an independent contractor, for example, or other companies may be involved with hauling the freight. We investigate those details and make sure that everything is accounted for, including available insurance limits to cover damages, such as lost income, medical bills, and other expenses. The bottom line is that truck crashes are much more complex to litigate because there are lot more moving parts. Our job is to make sure that no detail goes unnoticed.

What are some things a lawyer can do for you?

As I mentioned earlier, a lawyer will look at who is responsible for the crash given there might be several entities and a truck driver involved. The other thing we do is look at what caused the crash more specifically, as in whether the driver may have had a medical condition or something that initiated the crash. Sleep apnea is a big issue that we deal with constantly. We work with experts—accident reconstructionists, mechanical experts, human factors experts, conspicuity experts—to find out what happened.  We also look at the driver’s record, whether they have points docked on their commercial driver’s license, whether they’ve show previous instances of negligence and safety violations, and whether their employer ignored warning signs that may have prevented the crash from happening at all.

Ken Levinson is the Founding Partner of Levinson and Stefani. He has successfully handled dozens of cases involving commercial truck crashes and is a leader of the American Association for Justice’s Interstate Trucking Litigation Group.

Ken to speak at Arkansas Trial Lawyers Association convention, April 27

April 26, 2017 by Levinson and Stefani Leave a Comment

Levinson and Stefani founding partner Ken Levinson will participate as an invited faculty member at the Arkansas Trial Lawyer Association’s annual convention, beginning on Thursday, April 27 at the Inn of the Ozarks in Eureka Springs, Arkansas.

Levinson’s topic: Using Focus Groups to Maximize Your Cases. On Thursday, Levinson will shed light on how attorneys can utilize focus groups as a tool for strategy development, discovery intake, and gaining insight into the minds of potential jurors. He will also provide examples from his own experience as a moderator, and how participation influenced several outcomes for prominent cases.

Over the course of his career, Levinson has conducted hundreds of focus groups that have led to successful trial verdicts on matters of personal injury, medical malpractice, product liability, and wrongful death, among others. He has conducted focus groups on behalf of his namesake firm, as well as for several high-profile attorneys across the country. He is invited frequently by nationally recognized trial associations to speak on matters related to focus groups and personal injury cases.

The Arkansas Trial Lawyers Association Convention welcomes thousands of trial lawyers each year for networking opportunities and speaking engagements by featured guests. The convention covers a broad range of topics, including focus groups, robot cars, new ways to prepare for trial, and connecting with the jurors. The convention takes place April 27–29.

To aspiring lawyers waiting tables

January 12, 2017 by Ken Levinson Leave a Comment

waiter

From my sophomore year of high school through my first year of law school, I bussed tables, served entrees and endured the occasional disgruntled customer who liked to take a week’s-worth of frustration out on poor, unassuming servers.

Like the legal world, working at a restaurant is sometimes surreal. The days and nights are long, the people are anxious and the operation never stops. A recent encounter with a young law student, who happens to be waiting tables to pay for school, reminded me of those early days. There were many nights, he said, when he’d come home tired, irritated and temped to quit, suggesting that it was not helping him get where he wanted to go with respect to the law.

But there are benefits of enduring late night harangues and doing the so-called grunt work that you won’t learn anywhere else. I’m convinced that the principles of the restaurant world have made me a better, more humble lawyer. The lessons that I learned while working at a restaurant have been equally if not more valuable to the approach I take with regard to my practice.

For any discouraged law students or pre-law students working the late shift at the local diner, steakhouse or fast-food joint, I share with you the practical and translatable lessons of the serving experience that can help you achieve your goals as a future attorney.

Be patient and stay organized

I didn’t start off as a waiter. I was a small gear in a big machine. I was cleaning dishes well before I was given an opportunity to join the wait staff. Even then, I had to suppress my urge to leap frog the system, and it came in the form of a not-so-subtle jab at my work ethic by a bartender who decided to call me out for my over anxiousness and lack of organization.

After that, I remember spending many nights and weekends as a young law clerk training myself to sweat the small stuff. Many times, I volunteered to do tasks typically assigned to interns, which would only help when it came time for case prep. I often wonder if I hadn’t received such a stern wake-up call from my bartending friend, it would have caught up with me at the firm. And that would have been disastrous.

Prioritize, prioritize, prioritize

There are lots of competing interests in a kitchen, much like at a law firm. A chef wants customers to receive their food on a hot plate; a server needs timely clearing and bussing to keep traffic flowing at a steady pace; the bartender needs a fully stocked shelf to keep customers entertained while they’re waiting for their tables. Everyone’s got their priorities. You learn quickly that some are more important than others.

When you’re in the process of overseeing a case, you’ll find that the interests of counsel, co-counsel, opposing counsel, clients, judges and even juries are all different and demanding. Keeping pace is an art that you can and should use to your advantage. It’s a big part of what separates a bad attorney from a great one. In a process with so many variables, it’s impossible to give everything equal attention. Defining what can and can’t happen on a daily, or even hourly basis will help steady the balance of your workflow and show your colleagues that your ready for the Big League.

Be judicious and pick your battles

Remember the disgruntled customer I was talking about? He wasn’t my first and he wasn’t my last. The old adage rings true: the customer is always right. I’ve withstood my share of emotional beatings as a waiter, always with a smile. Some complaints are legitimate others are downright silly. Sometimes you have to stand up for yourself and other times it’s best to keep your feelings to yourself. I’m certainly not saying you need to get pushed around, just that there’s a time and a place for everything.

As part of your legal career, a judge will rule against you. You may be disappointed. You may even put up a fight, knowing the result isn’t going to swing in your favor. The key is sensing when to put down the sword. Odds are you’ll see the same judge more than once in your career. That’s not to say we won’t argue. In fact, that’s what attorneys are paid to do. But knowing how to pick your battles will keep your reputation in good order when it comes time for round two.

Speaking of reputation, focus on that and not the rewards

Temptation is a fact of life. A customer asks for your opinion when they’re deciding between two entrees. One is more expensive than the other, but less tasty. The second dish is cheaper and better quality. The expensive plate is guaranteed to get you a better tip. What do you do? Well, if you value repeat customers, giving them the cheaper option is likely going to benefit you in the long-run and earn you merit points with your customers.

Staying true to what you believe, as cliché as it sounds, is one of the most important tools in your arsenal as an attorney. Clients depend on your feedback, and the foundation for that feedback is a sense of trust. It’s possible you’ll find yourself in a position that allows you to take advantage of consultation fees, or maybe you risk losing a client if you don’t tell them what they want to hear. Venturing down a path in which the rewards may be significant but the path is unclear is a recipe for disaster. Taking stock of your ethical standards will preserve your integrity, and ultimately, the reputation of your practice.

Picking up the slack

You’ll likely never find a job in which you won’t ever need help. Same goes for your colleagues. This is an essential reality of the teamwork necessary to keep a good business functioning at a high level. Sometimes a busser needs help clearing tables, or a chef needs a hand with the dishes. It may not be your job, but picking up the slack pays off. I was given many opportunities to make extra cash on the weekends, thanks to a tip from a fellow server, whose shift I covered while he dealt with a family issue. By the same logic, you never know when going the extra mile will inspire other lawyers to generously refer cases to your door.

Ken Levinson appointed State Delegate for American Association for Justice

July 6, 2016 by Levinson and Stefani Leave a Comment

Ken_Headshot

Levinson and Stefani founding partner Ken Levinson has been appointed to serve as the Illinois State Delegate for the American Association for Justice (AAJ), a designation that carries Illinois Trial Lawyers Association (ITLA) Board status. Levinson’s appointment is effective immediately and runs through 2018.

“Like so many attorneys, I have benefited a great deal from ITLA, AAJ, and their missions,” said Levinson. “It’s been a tremendous and important resource for trial lawyers when it comes to protecting our injured clients. I’m grateful for this opportunity to work more intimately with AAJ and ITLA.”

State delegates work on behalf of AAJ to raise awareness among new and existing trial attorneys about the organization. To date, AAJ has earned distinction as the world’s largest trial bar and a safeguard for victims’ rights, most notably the right to trial by jury. As part of his duties, Levinson will oversee institutional relations and work with board members to strengthen the wellbeing of both associations.

Levinson is the co-author of Litigating Major Automobile Injury and Death Cases, the newest reference litigation series published by AAJ Press/Thomson Reuters. He was listed in the Illinois Super Lawyers Top 100 in 2016, his second appearance on the list.

Levinson is the founding partner of Levinson and Stefani, a Chicago-based law firm offering client-first legal representation. The firm focuses on truck, auto and bus-related accidents, as well as child injury cases.

Download a PDF version of the release by clicking here

Ken to give presentation at Catastrophic Care Society Symposium on May 16

April 19, 2016 by Levinson and Stefani Leave a Comment

Ken_Headshot

Levinson and Stefani Founding Partner Ken Levinson has been invited to speak as a guest faculty member at the Catastrophic Care Society Traumatic Brain Injury Medical/Legal Symposium, taking place May 15-17 at the Hilton Chicago. The three-day symposium welcomes the nation’s leading trial lawyers, medical experts and healthcare providers to share information regarding traumatic brain and spinal injuries, giving participating attorneys a comprehensive picture of ways to represent clients who have suffered similar injuries.

On Monday, May 16, Levinson will share his experience related to opening summations during trial. Levinson will discuss how to effectively craft a road map to influence the decision-making process of jury members. Levinson has successfully handled many cases related to brain and spinal injuries, specifically having to do with situations involving commercial vehicle and auto crashes.

Levinson has been an invited faculty member at dozens of trial lawyer associations around the country. He is a graduate of the Gerry Spence Trial Lawyers College and the author of Litigating Major Automobile Injury and Death Cases, the newest volume of the reference litigation series published by AAJ Press/Thomson Reuters. He was recently listed in the Illinois Super Lawyers Top 100 in 2016, his second appearance on the list. He is the founding partner of Levinson and Stefani, a Chicago-based law firm offering client-first legal representation. The firm focuses on truck, auto and bus-related accidents, as well as child injury cases.

The Catastrophic Care Society is committed to bringing plaintiff trial lawyers and medical personnel and providers the most up-to-date information on traumatic brain and spinal injury diagnosis, treatment, and litigation know-how. Programs include the country’s top litigators and experts in psychology, neurology, neuropsychology, radiology, neurosurgery, psychiatry and physical chemistry, all coming together to offer the most progressive information in their respective fields.

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