Personal Injury Clients’ LEGAL SURVIVAL GUIDE Addressing the Most Common Legal Questions in Uncommon Times DURING COVID 19 PANDEMIC How Does The Pandemic Affect Your Case? Communicating With Your Lawyer In The COVID-19 Environment Medical Treatment And Telehealth What To Do If You Get Sick SPECIAL ISSUESPECIAL ISSUE THE INJURY LAWYERTHE INJURY LAWYER3 A Letter from the Editors FAQS & FACTS 4 Taking a Closer Look About the COVID-19 Pandemic 5 Is Six Feet Enough? LEGAL TECH 6 Communicating with Your Lawyer in the COVID-19 Pandemic • The User's Guide to Telecommunication: Zoom 7 DIY Investigations: What You Need to Know 8 Video Tutorials: iPhone Filming Tips & Remote Mediation HEALTH 9 Medical Treatment and Telehealth: Accessing the Treatment You Need 10 Medical Treatment and Telehealth: Physical Therapy & Psychological Treatment 11 Mental Health Struggles and the Pandemic FINANCE 12 What to Do if You've Lost Your Health Insurance During the COVID-19 Pandemic 13 Financial Burdens Associated with the COVID-19 Pandemic RIGHTS & BENEFITS 14 Workers' Compensation Benefits & COVID-19 15 Case Studies 16 Public Safety Officers’ Benefits Program and COVID-19 Line-of-Duty Deaths 17 COVID-19 Scenarios and Benefits Available 18 Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act SAFETY 19 Roadway Safety: A Big Concern During the Pandemic 20 Home Safety: Children and Burns 21 Burn and Scald Prevention In this issue COVID-19 Pandemic Legal Survival Guide for Personal Injury Clients LEGAL SERVICES Automobile Accidents Bus, Truck & Train Accidents Motorcycle Accidents Pedestrian Accidents Uninsured Motorist Claims Slip, Trip & Falls Premises Liability Dog Bites Products Liability Workers’ Compensation Fatal Accidents Traumatic Brain Injuries Spinal Injuries Wrongful Death Burn Litigation Pharmaceutical Litigation Defective Devices OFFICE LOCATIONS Teaneck Lawrenceville New York Jersey City Newark Princeton Colonia Iselin East Rutherford Freehold Bridgewater Woodcliff Lake www.dsslaw.com 1-800-LAW-2000 Connect with us online:With the COVID-19 crisis growing more severe each day, life is full of uncertainty. Many people are in limbo right now as they grapple with a (hopefully temporary) new reality: working remotely, being laid off, homeschooling their children, spending their time in isolation. It is a scary situation, and one that should not be taken lightly. Even within the legal field, everything has changed: courts have been closed, jury trials are suspended; But what happens to those who have ongoing cases? What happens to the individuals who have suffered a personal injury and are trying to adapt to all that is happening? The injured and sick still need medical care; That component of life must go on. The question is: how? The purpose of this guide is to present the changes that are being made in order to accommodate the needs of personal injury clients, whose recovery both medically and monetarily depends on the functioning and the interaction between the medical and legal systems. As your lawyers, we want to answer any questions you have concerning this journey. We as a law firm have been innovators in the area of using legal, technical, and medical resources to maximize the representation of our clients. Many of the topics you read about here involve the concept of telecommunication. Access to both medical care and participating in your legal case will require your access to the internet and applications which have been developed to enable you to participate in both your medical care and legal process, without sacrificing your safety. We’re here 4 you. 201-444-4444 Davis, Saperstein & Salomon, P.C. From the Editors A Letter DSS PARTNERS, L TO R: Paul Garfield, Esq., Marc Saperstein, Esq., Samuel Davis, Esq., Garry Salomon, Esq., Steven Benvenisti, Esq., and Adam Lederman, Esq. THE INJURY LAWYER SPECIAL ISSUE 33 DAVIS, SAPERSTEIN & SALOMON, P.C. Disclaimer: As science seems to be evolving on an almost daily basis, the contents of this guide should not be construed as medical or legal advice. Medical advice will be obtained through your clinician, and specific legal questions can be answered by your attorney. FREE COVID-19 CONSULTATIONSFREE COVID-19 CONSULTATIONS We’re Here 4 You!We’re Here 4 You! 201-444-4444201-444-4444Taking a Look FAQs and Facts About the COVID-19 Pandemic THE INJURY LAWYER SPECIAL ISSUE 44 DAVIS, SAPERSTEIN & SALOMON, P.C. Who is most at-risk for COVID-19? Individuals of all ages can be infected, however, older people and those with pre-existing medical conditions (such as asthma, diabetes, and heart disease) appear to be more vulnerable to becoming severely ill. How does the virus spread? COVID-19 is a respiratory virus which spreads primarily through droplets generated when an infected person coughs or sneezes, or through droplets of saliva or discharge from the nose. To protect yourself, clean your hands frequently with an alcohol-based hand rub, or wash them with soap and water. Why are people dying from the virus? Although many people who contract COVID-19 have mild to moderate symptoms, it can cause stark complications, including pneumonia and organ failure. What is the average recovery time for patients from onset to recovery? Mild cases – approximately 2 weeks Severe or critical cases - 3-6 weeks What should you do if you suspect you are infected with COVID-19? Most people with the virus have mild symptoms that do not require medical care and are able to recover at home. Do not leave the house, except in absolute critical circumstances. If symptoms continue to worsen, call your doctor or use a virtual emergency room visit tool, such as the one offered by New York Presbyterian (www.nyp.org/ondemand/urgent-care). Unfortunately, there are currently no vaccines and no antiviral drugs that have been approved by the FDA to prevent and treat COVID-19. Washing your hands regularly for 20 seconds or more with soap and water can help stop in the spreading of the virus. You could be infected with COVID-19 and not experience any symptoms. However, you are still able to infect others and spread the virus further, which is why social distancing is so important. We would like to thank Dr. Roman Chornodolsky for his contribution to this article. Dr. Chornodolsky is a retired ER doctor and now serves as our on-staff medical consultant for our legal cases. Here are some FAQs about the novel coronavirus and the illness it causes, COVID-19. What’s below is based on information available from the U.S. Centers for Disease Control and local health officials.COVID-19 PANDEMIC LEGAL SURVIVAL GUIDE FOR PERSONAL INJURY CLIENTS FAQS AND FACTS THE INJURY LAWYER SPECIAL ISSUE 55 DAVIS, SAPERSTEIN & SALOMON, P.C. is six feet enough? Not everyone seems to think that the social distance recommendation of 6 feet (2 meters) is enough. First off, why is it recommended that we stay 6 feet apart? The microbe that causes COVID-19 is easily spread into the air through droplets brought on by sneezing and coughing, so many doctors and scientists suggest that staying at least 6 feet apart is enough to stop the spread. Krys Johnson, an epidemiologist at Temple University, suggests that when outside, 6 feet is enough space, however, when indoors, it is “an absolute minimum.” She continues, “Six feet is the average distance that respiratory droplets from a sneeze or cough travel before they settle and are no longer likely to be inhaled by other people. I have seen estimates for social distancing of up to 10 feet if someone sneezes quite hard, [or] does not cover their sneeze [or] cough. This allows those particles a little more distance to settle so that you are not breathing them in. As long as someone's not outwardly ill, though, you should be safe maintaining a 6-foot distance.” Some are skeptical of the 6 foot social-distancing suggestion, especially after 45 members of a choir group in Washington state were diagnosed with COVID-19, despite following social distance protocols, which included no hand shaking, no hugging, and use of hand sanitizer. According to those who were present, no one at the rehearsal appeared ill, and no one coughed or sneezed, which lead many to believe that the virus can also be spread through aerosols, or tiny particles that are smaller than 5 micrometers and that stay afloat in the air for minutes. https://www.nytimes.com/2020/04/14/ health/coronavirus-six-feet.html The C.D.C. says keeping at least six feet away from others can help you avoid contact with these respiratory droplets and lower the risk of infection. That guidance is based on the assumption that transmission mainly occurs through large droplets that fall in close proximity. Source: The New York Times A cough produces respiratory droplets of different sizes. Scientists have argued that droplets can travel farther than 6'. And small droplets, aerosols, can remain suspended in a room for up to 20 minutes. Researchers at M.I.T. studying coughs and sneezes observed particles from a cough traveling as far as 16' and those from a sneeze traveling as far as 26'. Although 6' can greatly reduce the possibility of transmission, the farther you get away, the better. - Source: The New York Times A mask disrupts the trajectory of a cough, sneeze or breath and captures some aerosols before they can spew out. - Source: The New York TimesCommunicating with Your Lawyer in the covid-19 environment LEGAL TECH Amid the pandemic, there are countless fears and worries, but communicating with your attorney should not be one of them. Visuals are critical in a personal injury case; Not just for the sake of evidence, but face to face visuals are the core to a case. Maintaining a strong attorney/client bond is critical and can have an immense impact on the eventual outcome. The impact begins with meeting a client for the first time and feeling a connection and gaining trust. People expect to see a face; It is human nature. Our firm’s highest priority has always been its clients and their well-being, and we have been making every necessary adjustment in order to prevent any disruptions to cases. Thankfully, technology is constantly evolving, and there are now countless ways to communicate with your attorney and “see” one another, all while staying safe and maintaining social distancing procedures. Face to face communication platforms such as Skype, Zoom, Google Hang Out, and Facetime have grown in popularity over the past few years, and now more than ever, their number of users have skyrocketed. Their reliability and user-friendly systems have drawn millions of people to take advantage of these programs in the direst of times. One of the most appealing features is that these platforms allow multiple users to communicate at once, either through video chat or via telephone. The initial meeting between a client and attorney is extremely important. First impressions are critical in the legal field. One of the fundamental concepts in personal injury is not something based on a formula, rather, it’s getting to know one another and learning how the injury has affected the client individually. Without a doubt, pain and suffering is inconvenient and harrowing, but it is unique; No one person has the same experience. That is why, as attorneys, we need to get to know you and your family, and how the personal injury has affected everyone. In these times, our challenge is the same, but the tools are a bit different. Our attorneys have been utilizing Zoom, which has become one of the leading websites for businesses to communicate with one another and with their clients. Described as the “leader in modern enterprise video communications, with an easy, reliable cloud platform for video and audio conferencing, chat and webinars.” We have also been deploying the use of e-documents, which is incredibly convenient when it comes to signing documents. We are aware that, as with many forms of technology, first time usage can be nerve-wracking and confusing. Rest assured that as we adapt to these new standards, it is a learning curve for everyone involved. Our attorneys and IT staff are available to provide support and answer all questions. Technology is constantly evolving, and there are now countless ways to communicate with your attorney and “see” one another, all while staying safe and maintaining social distancing procedures. THE INJURY LAWYER SPECIAL ISSUE 66 DAVIS, SAPERSTEIN & SALOMON, P.C. COVID-19 PANDEMIC LEGAL SURVIVAL GUIDE FOR PERSONAL INJURY CLIENTS THE USER'S GUIDE TO TELECOMMUNICATION: Technology and different forms of communication can be daunting. Many people are set in their ways and have preferred methods of communica- tion. However, in today’s climate of social distancing and quarantine, it is mandatory for workers, families, friends, and business owners to adapt to these new methods of interacting. Zoom is an extremely user-friendly meeting platform that allows multiple users to chat at once if needed, whether via video or telephone. Here is what you need to know: • Every Zoom meeting has its own 9, 10, or 11-digit number, known as a meeting ID, that needs to be inputted to join the meeting • If joining through telephone, a teleconferencing number will be provided • Go to Zoom’s website (www.zoom.com) and click on “join a meeting” • If you already have a Zoom log in, click “Sign in” and then click “join” • Enter the meeting ID number and the name in which you want displayed • Zoom gives you the option of connecting to audio and/or videoTHE INJURY LAWYER SPECIAL ISSUE 77 DAVIS, SAPERSTEIN & SALOMON, P.C. LEGAL TECH COVID-19 PANDEMIC LEGAL SURVIVAL GUIDE FOR PERSONAL INJURY CLIENTS DIY Investigations: what you need to know Safety experts, engineers, and investigators are all crucial to personal injury cases. Our firm works with hundreds of these experts when it comes to investigating our client’s cases. Timing is critical; it is never too early to get an investigator or engineer to the scene of the injury. However, what can be expected now in the age of COVID-19? How can both the client and our experts maintain their safety, while still properly documenting and preserving evidence? The answer is quite simple. In the everchanging world of technology, it is now easier than ever for a quarantined client to investigate an accident scene under an expert’s guidance. With a few, easily accessible devices, and with the guidance of an expert, a personal injury case can be safely investigated in order to provide maximal results. The Client’s Toolbag First and foremost, an iPhone, Smartphone, or some other kind of video device, is required. FaceTime is ideal, since both parties (engineer and client) can see one another, therefore allowing the engineer to guide the client. The following should be used: • 6” steel ruler (aides in measuring depths of ¼”) • Levels (24” and 48”) that measure slope and grade electronically (the brand HUSKY is suggested). • A note pad with black sharpie (this can be used to draw arrows, number stairs, etc.) for photos. • Steel tape measure - 30” • Fold up ruler - 6" • Lufkin wheel measure (for distance) • Laser measurer • Light meter • Hammer (to sound substrate) General Pointers for the COVID-19 Crisis The Centers for Disease Control and Prevention (CDC) has accelerated a lot of the transitions that were in progress in both law and medicine. That being said, it is extremely important to document your personal injury case as much as possible. As stated earlier, visuals are key in a personal injury case. As a client, you can help to make your case as viable as possible by sending any and all documents to your attorneys. Quality of life photographs and videos can assist in portraying just how much a person’s life has been altered by a personal injury. It is also important to report that if you are involved in a personal injury case, do not speak to an insurance adjuster about anything involving your case. Despite the current situation, they are still trying to gather information to undermine your case. The only people you should be speaking to is your insurance company, attorneys and case managers handling your case. In the everchanging world of technology, it is now easier than ever for a quarantined client to investigate an accident scene under an expert’s guidance.THE INJURY LAWYER SPECIAL ISSUE 88 DAVIS, SAPERSTEIN & SALOMON, P.C. LEGAL TECH COVID-19 PANDEMIC LEGAL SURVIVAL GUIDE FOR PERSONAL INJURY CLIENTS video tutorials: filming tips & remote mediationTHE INJURY LAWYER SPECIAL ISSUE 99 DAVIS, SAPERSTEIN & SALOMON, P.C. Not too long ago, the concept of Telemedicine may have seemed incomprehensible. However, as COVID-19 continues to spread and social distancing restrictions get tighter each day, many are turning to Telemedicine as the ideal method of treatment. During a telehealth meeting, doctors and their patients meet with one another from the comfort and safety of their own surroundings via computer screen or telephone. In a way, these appointments are very similar to a typical in-person visit, in that patients are given the opportunity to explain their symptoms, and doctors are typically able to give a diagnosis or give health advice. Telemedicine is “the remote delivery of healthcare services,” and is described by the World Health Organization as “healing from a distance.” Although the concept of telemedicine has been developing for decades, persistent enhancements in technology have made this notion more easily accessible in recent years. According to vsee.com, there are three main types of telemedicine: • Interactive medicine, which allows patients and physicians to communicate in real-time while maintaining HIPAA compliance. • Store and forward, which permits providers to share patient information with a practitioner in another location. • Remote patient monitoring, which allows remote caregivers to monitor patients that reside at home by using mobile medical devices to collect data (such as blood sugar). Thousands of hospitals, physicians, and clinics have already began using telehealth. However, given the current circumstances, many doctors and healthcare professionals who were initially skeptical have recently adopted the treatment into their practice. Vsee.com states that telemedicine “requires a digital infrastructure that ensures secure connections between patients and physicians.” Those who are nervous about digitally sharing their symptoms can rest assure that their doctors are complying and have a secure system. Although telemedicine care differs from in-person doctor visits in that there is no physical contact, the science behind it is constantly evolving and sharpening. “The microphone on smartphones can be used by patients to do remote self-examinations, using an algorithm to analyze the cough and get a sense whether a person has pneumonia,” according to economist.com. A smart thermometer can also accurately measure a rise in body temperatures, and according to data, it may have been an early indicator of a COVID-19 outbreak in Florida. Similarly, fitness trackers can measure and keep track of heart rates. Costs of Telehealth Like with all healthcare, the cost of treatment will depend on your coverage. Though many insurance companies do cover telemedicine costs, some may not, so you would have to pay out of pocket. Click on the image below to watch our video on Telemedicine. Medical Treatment and Telehealth: Accessing the Treatment You Need HEALTH COVID-19 PANDEMIC LEGAL SURVIVAL GUIDE FOR PERSONAL INJURY CLIENTSNext >