The Pollack Law Firm

05/27/2020

Several weeks ago in an earlier post I predicted that there would be a surge of claims by business owners whose insurance carriers denied their claims for business interruption coverage. Sure enough, those claims have surfaced, and sure enough, insurance carriers have denied them. Just as it is reasonable for someone who suffers a catastrophic illness to expect to receive medical treatment when they purchase health insurance, it is equally reasonable for business owners to expect when they pay premiums for business interruption coverage that when a catastrophe or pandemic strikes they will be protected. Our firm is available to review business interruption or insurance coverage claims you may have. Let us know if we can help.

05/22/2020

Five Things To Look For When Hiring A Lawyer

Most people assume that the most important quality to look for when hiring a lawyer is how aggressive they are. While it is certainly important to choose an attorney who believes in your case and will fight for you, conviction should not be confused with aggression. In fact, lawyers who are overly aggressive can, depending on the circumstances and the judge, actually hurt your case. Here is a list of five things any client hiring a lawyer should consider before retaining an attorney:

1. Is the lawyer honest being honest with me about my case? Most people assume that lawyers are dishonest and only out to make money so they don’t bother to consider whether their attorney is telling them the truth about their case. This is a huge mistake. Why? Because whether you are paying directly or on a contingency, filing a lawsuit involves time, money, and energy, and not all cases are worth the investment. A lawyer who tells you that your case is a sure winner without discussing with you risks and potential defenses is no different than a used car salesman. Likewise, a good lawyer should clearly and openly discuss with you what his fees are and how he charges before you sign his representation agreement. The only thing worse than being in a lawsuit is finding out months after you have spent money on an attorney that you would have been better off never filing suit in the first place.

2. Is the lawyer a good negotiator? Since law is by nature adversarial, people assume it is a zero sum game—that is, one person wins, and one person loses. What most non-lawyers don’t realize, however, is that only 5 percent of all civil cases go to trial, meaning that remaining 95 percent are settled. Since settlement, by definition, involves compromise, the reality is that most people who hire an attorney don’t get 100 percent of what they want. The key, therefore, is to hire a lawyer who is prepared to go the distance and can win at trial, but also someone who is able to using common sense, skill, and emotional intelligence to get you the best settlement possible. Frequently you can tell whether a lawyer is a good negotiator by how he negotiates with you. A lawyer who comes across as overly aggressive or self-important when you meet him probably does not have your best interest at heart. Likewise, a lawyer who gives in to everything just to get you to hire him is also not a wise choice.

3. Does the lawyer have common sense? Among all of the considerations, this is perhaps the most frequently overlooked. When you go to an attorney you are looking for advice, but you are also looking for someone who can solve your problem. Sometimes that solution may involve telling you things you don’t like to hear, like you should cut your losses. Other times it may involve getting you to let go of the notion that there is no way you can lose. The best lawyers are not simply those who can identify issues, but can help you come up with practical ways to resolve them.

4. Is the lawyer a good communicator? Although people often think of this question in terms of whether the lawyer will be effective in court (i.e, how would the lawyer look in front of a jury), they rarely stop to consider when they are meeting with a lawyer whether he is communicating well with them. A good lawyer should be able to explain a complex problem or legal principle to you in terms you can understand. He also should be open to answering your questions, and if he doesn’t know or has to research the answer, being honest enough with you t to tell you so. (see point number 1).

5. Does the lawyer have emotional intelligence? Many people confuse emotional intelligence with “likability” (i.e., is this someone I would want to have a beer with). But emotional intelligence is not about whether the person is nice—which is not unimportant—but whether they are able to read people and situations well. Why is this so important? Because regardless of the legal issue or problem, every case involves people, and people are complex. Figuring out what motivates someone being able to figure out why they do what they do is a critical skill not only in winning trials, but in getting people to identify and solve their problems. It also is important because the law is more than simply knowing how to read and interpret a set of rules. If that were the case, there would be no need for lawyers, judges, or juries. At the end of the day, while computers may be able to predict outcomes and assess risk, they cannot read people or know in individual cases what is best for them.

05/05/2020

Although most lawyers (including myself) prefer examining witnesses in person, the reality is that litigation costs for the average person are unaffordable.

From both the client's and the lawyer's perspective, anything that makes getting disputes resolved less expensive and more efficiently is viewed as a win. While I doubt that either plaintiffs or defendants want to try a case remotely to a jury, assuming it were possible to do so, for most routine hearings this is likely to be the future.

I feel certain that had this trial had been conducted in a courthouse, it would have taken longer, and it would have been a larger inconvenience, particularly for the nonparty witnesses, than it was, said Brian Barakat of Barakat Law in Coral Gables.

04/23/2020

One of the areas where I expect to see an uptick in litigation as a result of Covid-19 is insurance coverage disputes. During normal times, people rarely have the need to review the terms of their insurance policies. But if there's one thing we can agree on it is that these are not normal times. I expect many businesses that purchased business interruption insurance will have their claims denied and will need help fighting those denials. Stay tuned.

09/12/2019

The Feres Doctrine, originating in 1950, states that active military personnel cannot bring lawsuits concerning medical malpractice or negligence to court. A retired military man, Sgt. Richard Stayskal, is currently fighting to have this rule eliminated because many people in the military are left with no way to seek justice. Stayskal himself is a victim; his doctors disregarded a tumor in his lung and as a result of the delayed response, he is now terminally ill with cancer. A bill creating a way around the Feres Doctrine has passed the House of Representatives and is now heading to the Senate. This would be a great bill to implement so that our military personnel can have a path to reparations when they are faced with these unfair circumstances.

Army Sgt. Richard Stayskal alleges that military doctors knew about a tumor growing in his lung -- but said nothing

07/10/2019

Our firm has extensive experience handling cases involving the Jones Act, the Death on the High Seas Act, and other maritime laws. Cases involving injuries at sea are legally different from land-based injury claims, and often have different time limits and filing requirements. As a result, it is important for clients to hire an attorney who has a comprehensive knowledge of maritime law. The depth of David H. Pollack's knowledge and experience in maritime litigation and appeals is a tremendous benefit to our maritime injury clients.

Our attorneys pursue financial compensation for damages suffered by people whose injuries were caused by the negligence of a ship owner, operator or manufacturer. We have extensive experience litigating against Carnival Corporation, Royal Caribbean Cruise Lines, Norwegian Cruise Lines, and other major cruise lines in state and federal court.

If you have been hurt in any type of accident at sea, you can rely on the The Pollack Law Firm for exceptional representation and personal client service. To discuss your case, contact our office today.

07/10/2019

Tiffany Dillon, whose son was born with a permanent brain injury, is suing Dr. Marshall Stepanian and Logan Regional Medical Auxiliary Center Inc. alleging that their negligence caused her son’s permanent disability. According to Dillon, while she was in labor at the hospital, Dr. Stepanian gave her drugs to induce labor but failed to notice complications with her newborn while he was being monitored. Dillon is seeking compensatory damages because of the doctor’s negligent failure to watch over the baby’s condition during labor.

LOGAN – An Ethel woman is suing a medical center and a physician over allegations that their negligence led to her son being born with brain damage.

07/08/2019

A coal miner and his wife are suing several companies who manufacture respirators for negligence, strict liability, and fraud. They allege that the manufacturers’ products did not adequately protect him from hazardous dust in the mines. The coal miner, Ted Simpkins, worked for over 40 years in the coal mines and consistently used these products, alleges that his lung disease is due to faulty respirators that allowed dust to be breathed in over the years. The couple now have to deal with medical issues and are seeking full compensation.

WILLIAMSON – A Matewan couple is seeking damages from the makers and sellers of respirators over allegations they did not protect the husband from harmful dust while he worked in coal mines.

06/11/2019

Victor Buchholz has sued American Cruise Lines Inc. after having to undergo a partial amputation resulting from his metal cabin door slamming on his thumb. The complaint alleges that Buchholz was leaving his cabin as the ship was docking in Oregon, and the movement caused his door to slam shut without warning. The lawsuit claims the cruise ship failed to warn guests about the tendency of the doors to slam and failed to fix the issue when they initially became aware of it. Bucholz is not the first passenger to file suit against a cruise line for injuries resulting from cruise ship doors. Other plaintiffs have also filed suit against several of the major cruise lines in the past alleging similar incidents involving cabin and interior doors.

A Louisiana man whose right thumb was partially amputated while he was aboard a cruise ship last year has sued American Cruise Lines.

06/05/2019

This summer, The Boeing Co. will be mediating several lawsuits in connection to the Lion Air Crash on the 737 Max 8 aircraft that killed 189 people. The grieving families are seeking compensatory damages for the lives they lost when the plane crashed last year. Boeing also had another aircraft of the same model go down earlier this year, finally forcing them to ground all 737 Max 8 aircrafts. The plaintiffs’ attorneys are hopeful that Boeing will do the right thing and accept liability for these incidents so that an early settlement can be reached.

Boeing and lawyers suing on behalf of victims of last year's Lion Air crash have agreed to a mediation in July in an attempt to settle the cases.

05/16/2019

Alexander S. Cortes sustained a leg injury from a forklift while he and his friend were trespassing on a construction site in a popular shopping center for teenagers. A lawsuit was brought on his behalf after he had to amputate his right leg due to the injury. Cortes stated that there was no caution tape, no warning signs, no supervision, and nothing blocking anyone from entering the construction site. Additionally, the keys were left in the ignition of the forklift. Due to this negligence, the construction company and shopping center owner should be held liable for Cortes’ injury.

The suit, reinstated by the Appellate Division, was brought on behalf of a teenager who had his right leg amputated as a result of a forklift injury he sustained while trespassing in a construction site in a busy shopping center in Sicklerville.