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http://www.nytimes.com/2013/05/17/opinion/how-health-care-is-learning-from-lawsuits.html?_r=1&

This is a link from a well-written New York Times story that refutes the commonly accepted maxim that tort lawsuits drive up the cost of things. 

To the contrary, this story explains how the threat of legal consequences actually makes for fewer mistakes. In short, economic consequences change behavior to to benefit of the public and consumer. 

Food for thought, to be certain. 

THE CHICAGO BAR ASSOCIATION

Committee Meeting Announcement            

Earn FREE IL MCLE from Your Desktop with New Webcast Committee Meeting Option!

View a live webcast of a CBA or YLS committee meeting and earn Illinois MCLE credit - without leaving your office or home and at no extra cost. Members will have access to up to 6 live committee webcasts a day. View the upcoming webcast schedule now at www.chicagobar.org (click on Webcasts). Please Note: Only live webcasts of committee meetings qualify for IL MCLE and remember to login prior to the meeting start time to receive credit.

This week, I was invited to participate in a class on Investigation at the DePaul Legal Clinic at DePaul University College of Law. John Conroy, Senior Lecturer and Director of Investigations at the Clinic, asked me to develop curriculum materials and speak to his class.

What a great experience this was for me, and, I certainly hope, for the students as well.

I tried to present several fact scenarios based upon actual cases that I have handled, allowing the students to split into groups, research the answers to the questions posed on their laptops, and then present their findings to the class. We tried to focus not just on what information they would need to find, and how they would find it, but also on the practical aspects of investigation, such as cost, time, verification, identification of witnesses, preservation of documents, and efficiency.

The students did a fantastic job of weighing all the realities and even surprised me with some of their very savvy observations and suggestions on how to get information and, even more interestingly, their evaluations of the value and provability of each of the "cases."

After this great experience, I am certain that our legal future is in very capable hands, as is the state of legal education.

Thanks to all who made this possible!

SPRING CLEANING

Spring is here, albeit in Chicago where it is still near freezing. The Cubs and Sox are both in first place as I write this, the Blackhawks are the best team in the entire NHL, and the Final Four is upcoming.

Is that too many sports references? Just be thankful there were no references to Cycling's Spring Classic Season! Sorry, the "crocuses are blooming" references just don't work for me. I never remember what a crocus looks like anyway!   (But can you believe the way Fabian Cancellara powered away from Peter Sagan on the Patenberg at the Tour of Flanders?)

The arrival of the various Spring holidays and accompanying weather changes remind us of the renewal and rebirth inherent in this time of year. They also serve as a handy tap on the shoulder to begin Spring Cleaning. Clean out the closets, clean out the garage, put away the Winter clothing and unpack Spring (or, if you are like many males I know, scratch your head and wonder what the difference is between Spring and Winter clothing), and get ready to tackle lawn mowing, garden planting, and other outdoor activities.

It is also a fantastic time, right after putting the finishing touches on your tax returns, to clean out and refresh your cars, your insurance coverage, and your peace of mind.

Spring Car Maintenance

Make it a priority to:

• Have your fluid levels in your car checked and topped off.
• Check the inflation level on your car tires.
• Wash your car and clean off the road and salt grit accumulated from the Winter--your car will last longer.
• If you park on the street, move your car regularly to avoid damage to tires.
• Get an oil change if you are due for one and/or switch to an oil that is more appropriate for warmer weather.

Spring Insurance Maintenance

Review your insurance coverage:

• Read your entire automobile insurance policy--increase your liability limits to the highest amount you can afford with the best-rated company. While the state minimum is $20,000.00 per occurrence per person and $40,000.00 per occurrence, you should have much more than that--injury claims often exceed this amount by many multiples.
• Your liability limits will coincide with your Underinsured (UIM) and Uninsured (UM) coverage unless specifically declined. Yet another reason to maintain the highest limit possible.
• Make certain you have medical payments coverage to pay your medical bills (and those of your passengers) in the event of an accident.
• Review your homeowner's or renter's coverage. What are the liability limits? What personal property is covered?
• If you own a home, have substantial assets, and can afford it, an umbrella policy is a great thing to have. This steps in after your liability limits of your auto or homeowner's policy are exhausted. An excellent additional layer of protection.

Why It Matters

• More and more cars are being driven by people without any insurance or with very minimal insurance. If you or your loved ones suffer personal injury due to their negligence, you will want the most coverage possible on your end to help restore you to health.
• One example is if you get hit by someone with a $20,000.00 policy and require back surgery and miss 3 months from work, this claim will easily exceed that policy liability limit. Your coverage for UIM becomes key in that it allows you to recover up to the difference between your limit and the at-fault driver's limit.
• Many minimal policies are underwritten by companies that fight every single claim. Your insurance may have to pay to fix your car or for your medical bills or you could be waiting years.

Enjoy the Spring Weather

Take care of yourself now and get some fresh air. Walk your dog, throw a ball with your kids, hit some golf balls, and bask in the renewal of life all around you, hopefully with a more secure feeling.

THE CHICAGO BAR ASSOCIATION

Committee Meeting Announcement            

Earn FREE IL MCLE from Your Desktop with New Webcast Committee Meeting Option!

View a live webcast of a CBA or YLS committee meeting and earn Illinois MCLE credit - without leaving your office or home and at no extra cost. Members will have access to up to 6 live committee webcasts a day. View the upcoming webcast schedule now at www.chicagobar.org (click on Webcasts). Please Note: Only live webcasts of committee meetings qualify for IL MCLE and remember to login prior to the meeting start time to receive credit.

I am proud to be featured as the inaugural member profile in the Simply Solo Newsletter.

Simply Solo is an organization dedicated and devoted to lawyers who practice as solos or in small offices and acts as a networking and support group, kind of a water cooler in the modern age.

Anyway, I am proud to be featured and also to be a member of such a forward-thinking organization.

Since the profile was part of a larger newsletter, complete with other content and photographs, I did not feature a copy here, but if you are curious to see it and not yet a member of Simply Solo or not  lawyer at all, just contact me directly and I would be happy to email it to you.

THE CHICAGO BAR ASSOCIATION

Committee Meeting Announcement            

Earn FREE IL MCLE from Your Desktop with New Webcast Committee Meeting Option!

View a live webcast of a CBA or YLS committee meeting and earn Illinois MCLE credit - without leaving your office or home and at no extra cost. Members will have access to up to 6 live committee webcasts a day.  View the upcoming webcast schedule now at www.chicagobar.org (click on Webcasts). Please Note: Only live webcasts of committee meetings qualify for IL MCLE and remember to login prior to the meeting start time to receive credit.

THE CHICAGO BAR ASSOCIATION

Committee Meeting Announcement            

Earn FREE IL MCLE from Your Desktop with New Webcast Committee Meeting Option!

View a live webcast of a CBA or YLS committee meeting and earn Illinois MCLE credit - without leaving your office or home and at no extra cost. Members will have access to up to 6 live committee webcasts a day.  View the upcoming webcast schedule now at www.chicagobar.org (click on Webcasts). Please Note: Only live webcasts of committee meetings qualify for IL MCLE and remember to login prior to the meeting start time to receive credit.

THE TRUTH, THE WHOLE TRUTH, AND LANCE (AND MANTI)

WHAT THEY SAID

In November 2005, Lance Armstrong said: "How many times do I have to say it? … Well, it can't be any clearer than 'I've never taken drugs.'"

And in June 2012, he said: "I have never doped … I have competed as an endurance athlete for 25 years with no spike in performance, passed more than 500 drug tests and never failed one."

Then, in January 2013, he said: "All the fault and all the blame here falls on me. I viewed this situation as one big lie that I repeated a lot of times. I made my decisions. They are my mistakes, and I am sitting here today to acknowledge that and to say I'm sorry for that."

Meanwhile, Notre Dame Linebacker, and Heisman Trophy Candidate, Manti Te'o said on November 14, 2012:  "every morning I wake up and my girlfriend is not on the phone. It reminds me that she's gone. That's the hardest part."  He was referring to his "girlfriend," who turned out to not exist at all, despite his repeated and public mourning of her well-reported "death."

BUT IT TURNED OUT NOT TO BE TRUE

What does all this say about truth, how we perceive people, and how we judge whether people are telling the truth.

One thing we do, not just in legal cases, but in many other facets of daily life, is evaluate people for credibility.  We look for things like eye contact, facial and body tics, vocal inflection, to aid us in this process.  Most of us think we are pretty good at determining who is lying and who is telling the truth.  How often do we follow along movies or television shows and make pronouncements about who did it or whether a particular character is believable?

Lance Armstrong made pronouncements repeatedly, publicly, and legally that he was absolutely, 100% telling the truth and that the accusers were the liars (which was why he sued them, called them names, bullied them, and jettisoned them).

As it turns out, Lance, as he recently "revealed" to Oprah Winfrey, was the big liar. 

What was it about Lance that made so many people want to believe him?

(Full disclosure:  I am an avid cyclist, a cycling geek who actually watches bicycle races on television).

With all that being said, why did I consistently "know" that something did not seem to add up in Lance's story?  Was it my more detailed knowledge of cycling that lead me to deduce that his claims did not hold water?  More significantly, why did so many people WANT to believe him (and buy Livestrong bracelets, Trek bicycles, Nike clothing etc.)? 

There certainly appears to be a component to his story that is so inspirational, so positive, that it almost feels "wrong" to say emphatically that a  guy who nearly died from cancer is lying when he says he won the world's toughest cycling race an unprecedented seven times clean. 

Some of the reasons I have heard people give for why they believed Lance for so long:

• He is a cancer survivor.
• He is raising money to "fight cancer" (let's not quibble that it was really for "cancer awareness").
• The French press were after him because he was American
• The French labs were flawed.
• He never tested positive.

My conclusion is that many people simply WANTED TO BELIEVE LANCE ARMSTRONG FOR REASONS THAT HAD NOTHING TO DO WITH WHAT HE WAS SAYING BUT FOR HOW HE WAS PORTRAYED (AND PORTRAYED HIMSELF) IN THE MEDIA.

FIRST LANCE, NOW MANTI TOO?

Now we turn to the ongoing Manti Te'o saga.  Short story is he is a great football player at a great school (Notre Dame) with a great personal story, which was pushed publicly at every opportunity.  Some saw the "dead girlfriend hoax" as inspirational--he played a great game in which he was credited with twelve tackles after rising from the throes of despair, having lost his grandmother (true) and girlfriend (not true) within the weeks leading up to the big game.

Manti Te'o had much of the same "stuff" Lance had going for him--he was great at what he did, he was handsome, he seemed to portray "American values," whatever we perceive those to be, and overcame hardship to become a great champion.

But it was mostly nonsense.  Either he was the biggest sap in the world or at least some of what he said he knew to be untrue.  Most people have now decided that he HAD to have known something was "funny" and that he must have been lying about at least some of this.  His story has spawned so many "imaginary girlfriend" jokes that it is not worth repeating them here.

WHAT DOES THIS MEAN IN THE COURTROOM AND SOCIETY AT LARGE?

Much of this synchs with what trial attorneys have known for years; namely, that jurors will give the benefit of the doubt to people who tell a consistent story and try really hard to believe those people who seem to be "good, "like them," and "inspirational." 

When I go to trial on a personal injury case, I make sure my client is polite, attentive, makes eye contact, and is courteous no matter the situation.  Jurors generally try to find a way to award monetary verdicts to nice people.  And just as often juries do tend to hold it against witnesses who are arrogant, argumentative, inattentive, and inconsistent in their testimony.  Perhaps Shakespeare was on to something with his "all the world's a stage" play quotation.  Maybe we do filter what we see and hear through our "judgment software" in our brains--if the person seems like a nice person, they might just be telling the truth.

By the same token, many people who are not touched by the court system or personal injury cases, have very different perceptions of the major insurance carriers than those of us on the inside.  Costly commercials featuring accented and funny geckos, chirpy Flo pushing insurance on her retro-hip sets, comical "mayhem" guys, or deep-voiced actors promising you to be in "good hands," have their desired effect on the public at large who may become future jurors.

We all come in to every judgment we make with inherent biases, perceptions, and beliefs.  No jury instruction telling us to listen only to the evidence will eliminate completely this element of human nature.

THE TAKEAWAY FROM LANCE AND MANTI

It is apparent that many people believed Lance Armstrong for many years because they WANTED to believe him.  There are a plethora of situations throughout history, be it in politics, culture, or sports, where similarly truth-challenged individuals were given the benefit of the doubt for far longer than was logical.

In this 24-7 media cycle, many of us have been sucked in to failing to challenge much of the data we are fed.  Critical analysis of information is crucial to determining the truth. 

In the courtroom, we have an adversarial system, with each side presenting its case with as much positive spin as possible.  The "facts" are often slanted as much as possible to put as pretty a face as possible on the facts, as they are.  The "truth" is often what one makes of the two opposing sides in our system.

Similarly, the media these days is much less an objective forum than a multitude of "opinion" factories.  If everything posted on the Internet was true, we would all be in trouble.  It is safe to say, for instance, that Fox News and MSNBC cannot both be telling the complete truth without any opinion or bias; for if they were, the "truth" would be wildly inconsistent.

Our job, as citizens, sports fans, prospective jurors, and lawyers is to use our "dog poop" detectors early and often in scrutinizing information we are told, hear, read, or see.  Walking in the park you may step in something brown, squishy, and smelly.  The logical conclusion is that this is dog poop you have stepped in, even if there is a 7-time Tour de France winner, a star linebacker, or commercial actor telling you it is not.

Tis the Season--Accidents Happen

We survived the holiday season and now look forward to several more months of winter weather, unless we're smart enough to live elsewhere.  For the rest of us, this Midwestern climate reminds us constantly of its potential dangers.

MOTOR VEHICLE ACCIDENTS

For the most part, many of us have no choice but to own a car and drive places, even if it snows or the roads are icy.  When we drive in snow and ice, accidents are obviously more frequent than in good weather.  Stopping distance is much shorter, vehicles skid, other cars cannot react quickly, and sometimes there are even people riding bicycles on the street (if you see me in the yellow jacket, try not to hit me!).

You Should examine:

• Your liability limits--remember, it's not you who is uninsured or underinsured, but the other driver might be.  In that case, you will need as much uninsured motorist and underinsured motorist coverage as possible. Both are relatively cheap and are the same limit as your liability coverage unless you specifically decline this.  Further, if you do cause a crash and a claim is filed against your insurance, you'll want the most coverage possible, just in case someone is seriously injured--otherwise your home, car, and personal assets could be at risk.
• Medical payments-- make sure you have this coverage, as it pays medical bills immediately if you are in an accident.
• Property damage coverage--do you have an "agreed upon value" for your vehicle or "Gap" insurance?  If not, you could be involved in a collision, have your car totaled and be left without enough to get a replacement vehicle.

If you do get into an auto accident, this is what you should do:

• Check on any injuries or dangerous situations, and get out of harms way immediately.
• Call 911 and get immediate medical attention if you are injured--any delay will be used against you by an insurance company or defense lawyer.
• Photograph the vehicles involved, the intersection or place where it occurred, any visible injuries to anyone involved, and anything else that confirms, documents, or explains what occurred.
• DO NOT discuss anything with the other drivers involved about how it occurred, who was at fault, or your injuries in specificity. 
• DO exchange insurance information.
• Provide as complete an account of what occurred to the police officer investigating the crash.
• DO report this incident to YOUR insurance company as soon as possible.
• DO NOT speak to, or provide any statement to the insurance carrier(s) for the other vehicles involved.
• DO contact a personal injury lawyer as soon as possible.

PREMISES LIABILITY/SLIP AND FALL INJURIES

I got a call the other day from a friend of mine, who had just slipped walking across a street.  Unfortunately, for him, he fractured both of the bones in his lower leg and will need surgery.  Worse yet, there is simply no way he can get compensated for this injury, since natural accumulations of ice and snow are generally not compensable cases under existing Illinois law. 

In the event that someone does make an attempt at removing snow or ice and does so negligently, there can be liability, especially if the snow that is cleared is placed in a place where it eventually melts and creates a hazard elsewhere.  However, "tracked in" water from snow or other precipitation outside a store is not compensable.

While the general rule is that owners or managers of property have no duty to remove snow or ice, there is a Chicago city ordinance (and many other towns have them) requiring this to be done.  In other words, it is often difficult to determine whether there is a duty and what that duty may be with respect to snow and ice removal.  If you own or manage property, definitely check with a lawyer and/or your liability insurer.

While a great many "slip & fall" incidents are not compensable (especially involving snow or ice), it is best to contact a lawyer immediately to run through the specific facts of your situation.

If you do slip or fall, you should do the following:

• In addition to the recommendations for motor vehicle accidents, make sure you report the incident to the manager of the premises where you were injured.  If this happened in a store, insist on filling out an incident report with the store manager and ask for a copy.
• Get medical treatment immediately, if you are injured.  If you were knocked to the ground, the chances are that you were injured in some way.  In these situations, it is best to have someone call an ambulance so you can be examined immediately at the nearest emergency room.  Do not assume that because you "feel fine" when you are in shock that you are not hurt.  Failure to obtain immediate medical treatment opens up the defense that your injuries were not reported immediately and/or they occurred elsewhere.
• Save, and do not wash, your clothing and shoes, especially if residue of the substance that caused your fall remains on them.
• Take photographs of the substance that caused you to fall, the crack in the pavement that made you trip, or the unnatural accumulation of snow or ice that caused you to slip.
• DO NOT give a statement to any insurance adjuster representing the place where you were injured.
• DO contact a personal injury lawyer as soon as possible.

WORK-RELATED ACCIDENTS

With so many workers "working from home," or "traveling between appointments," there are a wealth of opportunities for accidents occurring while one is "on the clock," to say nothing of the more typical industrial-type incidents resulting in injury.  If you are walking from your car into a business meeting at a coffee shop and you slip and fall, you could very well be covered under workers' compensation, to name just one possible scenario.

If you are involved in an incident while working:

• Report the incident to your supervisor immediately.  If a written form is completed, ask for a copy.
• Take photos of the area where you fell, the scene and vehicles of the car crash in which you were involved, the work station where you were hurt, or anything else that would preserve evidence and support your version.
• Get medical treatment.  You have a choice to see YOUR OWN DOCTOR so do not reflexively go where the employer tells you to obtain medical attention.
• Obtain a work status note from the medical treatment provider and provide a copy to your employer (save one for yourself) stating that you cannot work for a specific period of time.
• Contact a workers' compensation attorney as soon as possible.

BICYCLES

Love us or hate us, many of us choose to ride our bikes in the middle of winter.  In fact, while I am out "enjoying myself" for exercise on the bike trail, I see many of my compatriots with heavy backpacks strapped on, using the ride to commute to and from work in downtown Chicago on a daily basis in all types of weather. 

While most of us try to be mindful of cars, others are rather carefree in the belief cars will stop.  The same can be said for cars, as I see all too often drivers of 2 ton vehicles not even looking out to see if cyclists are in the area before changing lanes, turning, or hogging the road. 

Cyclists must adhere to the same rules of the road as motor vehicles and motor vehicle operators must be especially vigilant in recognizing the presence of cyclists upon the roadway.

With the advent of more and more dedicated bike lanes in Chicago and other municipalities (and the "sheltered bike lanes" in specific sections of Chicago), it is even more confusing for drivers than before.  Just be aware that there ARE cyclists upon the road.  Cyclists must be aware that cars cannot always see them and that in the cycle versus car collision, the cyclist often gets the worst of it, so ride cautiously and defensively.

Remember, if you are operating a motor vehicle, you cannot assume bikes can see you or stop if you are driving.  If you are a bike rider, remember that cars cannot stop in time in winter conditions and often cannot see you.  Both parties should take extra care! 

OUR MOBILE SITE

One thing we are proud of at Law Office of Stephen L. Hoffman LLC is our website and blog.  There is a lot of useful information contained on both, as well as point by point guides on what you should do in specific circumstances. 

The best news is that all this information can be accessed directly from your smart phone right at the scene of the incident.  Simply enter in and bookmark our website address, http://www.hofflawyer.com/, into your phone.  It should default right to the mobile version of the website and be easy to use right from your phone.  Included is much of the information contained right here.  You can even access this blog post right from your phone.   

While we certainly hope that you all had a terrific and safe 2012 and that the coming year brings you much of the same, it is always best to be prepared.  Be alert and avoid accidents and be ready just in case they do occur.  Be safe!