Thanks for Thinking of Me! Why Wait to Place Me Into Action? Need A Vocational Expert on Your Case?

Reading Time: 3 minutes

I enjoy consulting with attorneys. It involves learning about your questions; then using my expertise to provide an answer or two!  The fact is consulting work involves extraordinary amounts of mental processing.  Let me tell you, my brain gets a lot of action and yes, I work out physically, too! 

I don’t know about your specific style of learning or pattern of thinking is (give me time!), but for me, when I accept a case assignment, I don’t want to feel rushed about researching and finding solid answers to good questions.  No, I meant to write great questions, those formed to help you with answering your client’s difficult problems, surrounding certain situations, while considering all necessary detail.

In my eyes, “problems” are opportunities in disguise. Something “thinks” it needs  a solution. The thinking could be well thought through or it could be downright faulty, and that’s why education becomes a consulting strategy.  A good way to look at a problem is to compare it against an opposing problem and ask, which “opportunity” presents first? Will there be an order that makes sense? Is it really a problem or just defined as one?

For every problem under the sun, there is a solution or there is none. If there be one, think til you find it. If there be none, then never mind it!” ~ LeGrand Richards

My problem solving approach develops as the research is gathered relevant to the situation. How a situation is defined is just as important in the problem equation, considering virtually every situation can be defined in more than one way. Because of this fact, tremendous opportunity to educate becomes available, and negatives turn into positives resulting in the implication of how one feels and acts toward the situation!

I find that pulling too quickly for an answer or a fact won’t turn up the best results.  Pulling carefully yet relentlessly on the stem/root system will produce reliable, intact, organic results to share with others.  Through testimony, I can educate others on how to understand the specific facts I gathered and why they are important to this case, facilitating the information and helping them to “figure out” their own solution.

Thanks  for thinking of me (as Eeoyre says)!  Please contact me to get me involved early in the proceedings. Do so before you plant any seed, and I’ll help with preparing and weeding the ground, the hard part of the action! Even if you only need a file review, I can offer recommendations. And, we’d be better off to a good start!

I believe it’s always healthy to think of the humor in most situations. Truly, our emotions will benefit. Contact me at 515-778-0634 to discuss your case needs, and learn about my consulting style and policies. Again, thanks for thinking of me and for reading! I look forward to helping you help your client!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Reading Time: 3 minutes

Rights of the Expert Witness

expert

I continually assess and evaluate (there I go again!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation consulting.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics! I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for). 
  6. I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.
  7. I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).
  8. I have the right to set limits with counsel about the scope of my testimony. 
  9. I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced. 
  10. I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

 Truly, it’s all good work!

I am glad my career continually evolves! I accept responsibility when providing forensic services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness. Thank you for reading!

Please contact me Amy Botkin for more information ~ 515-778-0634 or amyebotkin@lcpresourcesplus.com

I’ll take a veggie slice and a glass of Chardonnay please. You?

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Need an Expert Witness on Your Litigated Case? Choose Me!

Reading Time: 4 minutes

Happy Turkey-less Day to those who won’t be gobbling a gobbler this Thanksgiving!  I personally won’t because I continue as a pescatarian! My two younger adult children Jacob and ArinJune continue their vegetarian lifestyle. Not my oldest son Nick, for he’s an incredible meat eater! Although the no meat eating rubbed off on me many moons ago, I still enjoy eating fish (tuna mostly).

Thank you Jake and AJ for showing me a lifestyle I probably wouldn’t have gone for had it not been for you two. But then again, I may have become really fantastic at grilling steaks (no, that’s Randy’s area.) 

Image result for turkey cartoon

I love the taste of turkey and found a delicious vegetarian roast that to me tastes just the same! My opinion counts!

For this post, I want to write about a way to chose your own path. I’ll start with a link to a post when my daughter Arin started a new job at Walgreen’s.

Over the two years she worked at Walgreen’s (she resigned earlier in 2014 to move on in different ways with her lifestyle), Arin had many customer experiences (including her days working as a host at Okoboji Grill as her first job, she knows a thing or two about customers) and I value her opinion

She’s shared many interesting retail shopper stories from her Walgreen’s days.  The worst was one day, she turned around while at the cash register to get perfume out of the locked glass cabinets for a customer, when she turned back, “the customer” was racing out the store with Chanel No 5 in her hands, along with other stolen items, and right out the front door.

Some shoppers are kind with good intentions…get in the store, find what you need, pay and get out of the store…all while being grateful and appreciative you found what you were looking for!  Then there are other shoppers who seem to float around in a bubble without realizing their bubble is more of a brick! Some shoppers are demanding, have no regard for other shoppers or the retail clerk, and are even down right rude. Yuck!!We all are continuously affected by the energy of other people in both positive and negative ways. My daughter quickly learned that the less you respond to rude, critical, argumentative people, the more peaceful your life will become and the more productive you’ll be on the job!

AJ’s goal at work: Help customers find, buy, and get out of the store with minimal distraction…along with an idea or two of how to get the customer to spend more money (especially products with incentives found within her own department, which gave Arin more in her paycheck!) This knowledge, my dear daughter, takes a certain level of emotional intelligence. Good for you!

Emotional intelligence is a huge factor in my work as an expert witness.

A very helpful and proactive way to limit how much we are affected in many settings and situations by where others are is a simple technique called being in your bubble.  Using your bubble when you need to, or realizing others are using their own bubble, takes a level of emotional intelligence, kindness and grace.

My sister Janice has told me to get out of her bubble more than once!Bubble

Bubble Me Up

I can’t find the source for what follows, but I’m sure whoever it is would be happy to share! Being in your bubble goes as follows:

1.) Spend a few moments with your eyes closed, quieting your thoughts.

2.)  In your imagination create a big clear soap bubble all around you that is about a foot out from your body.

3.)  Notice yourself within this bubble, and acknowledge that any type of energy you don’t want to experience in your own body will be unable to get through the bubble, and will just bounce off.

4.)  Walk through your day within your bubble. Take a look at the bubble periodically just to affirm that it is there, and recreate it whenever you want to.            Bubble

 Bubble Me Down 

There’s great reasons to use this tool to manage the energy that bounces around us all of the time. It frees you up to create the experience(s) the way you choose, while leaving others free to their own expression. You won’t need to get into the struggle and discomfort of resisting what others are doing or thinking, because it happens outside of your bubble and doesn’t need to affect you.

I hope your work week is productive, and you enjoy experiencing the energy that surrounds your work and home environments.

And if you need an expert for your litigated case, I’m here to help you help your client. In fact, I value the opportunity to help.  The choice is yours! 

Vocational Resources Plus, LLC            lcpresourcesplus.com          515-778-0634 

amyebotkin@lcpresourcesplus.com

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Hello My Attorney Reader! Want to Buy Some TIME From Me…a Consultant and an Educator?

Reading Time: 3 minutes

You’re a good attorney, and you care about the people you represent. You’re busy working on cases and spend a lot of time on time. In fact, you even buy TIME! And, I’m writing to help you make a more comfortable TIME purchase from me, a consultant who is also an educator!

MoneyTime

I fully realize attorneys buy TIME

Time – Because you bill by the hour (and so do I), I promise to help you be more productive and, thus, more successful by providing value laden services.

Pinky SwearI promise to always respect your time.

 

Information – Because I totally understand why you HATE looking stupid (and so do I), I will provide accurate information that you want or need.

Pinky SwearI promise to always ensure you have a good reason for working with me.

 

Money – Because saving money and making money are the goals for almost every law firm (and for every consulting firm too), I will effectively use all the resources available to help with your case.

Pinky SwearI promise to be accurate and fair with my billing.

 

Education – Because lawyers always need continuing education (and so do I) to maintain your license, I am available to present to any group that would benefit from learning about my work and rehabilitation consulting. In addition, as I’m a well-trained educator and counselor, I can help you and your client in many ways throughout the case and onto trial, where my educational background is useful in front of a jury.

Pinky SwearI promise to bring new light to your litigation strategies.

 

Time on HandsHow much TIME would you like to have on your hands, especially when working on a complex case that has to do with work and disability? So there it is!  But wait, there’s more:

I, Amy, promise to Always Be True at My Core, Apple Butterflybecause that’s all I have ever had and have ever needed and I’m willing to share what I know is true.

Enjoy a piece of quality fruit (I love organic apples) and then contact me, Amy E. Botkin, to discuss your case. I’m here to help you help your client!

Email me at amyebotkin@lcpresourcesplus.com to connect so we can discuss your case and how I might help! Thank you for reading.

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Reading Time: 3 minutes

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering and recording objective data about a specific job.  

Image result for data

Capturing what the job is all about helps to evaluate what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure.

And, as an analyzing kinda person, I’ll find direct connections to ways of the trade, and possibly record direct comments from incumbents or a worker who knows what’s going on!

JA

A Job Analysis is helpful in many ways. Plus they’re fun to perform!

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees  about the accuracy of existing job descriptions. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

For me to find out what actually takes place on a pertinent day to day basis (without being there obviously because I have my own job to do), consulting with management and incumbents of the job along with digital video recording (right!), if helpful, allows for a critical analysis of the parameters of performance at a work place, including common physical demands of duties of a job. And trust me, a video can produce some humor too when’s it’s needed  at work! 

Image result for humor job

Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written is prepared and presented, there, hopefully will be a greater understanding of the essential functions of the job. And to each person the job can be functionally different. Right yes, so it just depends on how one goes about doing it!

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work?

I help with plaintiff/claimant and defense cases! I am not one sided

Contact me, Amy E. Botkin, to discuss your client’s claim.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-778-0634  * amyebotkin@lcpresourcesplus.com

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Randy and His Perpetual Flip Off! Need an Expert on Your Case Involving Work & Disability?

Reading Time: 3 minutes

The evening before my dad’s funeral in May 2016, my husband Randy walked our dog Bella.  Holding his cell phone in one hand while talking to my mother about his part in the service, the other hand held the leash. Bella’s a big Aussie girl, weighing in around 60 pounds;

and from what I hear, a huge raccoon made an appearance near a sewer opening down the street just as they were walking by. This appearance led Bella to lurch towards the coon…pulling hard on the fingers grasped around the leash, and breaking husband’s finger in the process. Ouch.

Early the next morning, we had to hit the road to make the trip to Iowa Falls and, well, experience what would transpire during my father’s service…and beyond in this world for those of us who loved him and enjoyed his company.  

Here’s one of my favorite photos of my dad!

Randy never saw a doctor for his finger injury. I wish he would’ve though. I performed my version of physical therapy and Healing Touch on him, but to this day…well, Randy has a broken middle finger that sticks up in such a way it resembles the image below!

Get my drift?

The funeral service was nice, and my mom did a great job choosing the readings and what to sing! Randy read the first reading, my sister Julie the second and Father Tony the Gospel, of course! I was a communion minister for dad’s friends!

Many of dad’s church friends were involved in the Mass Mass and he would’ve loved that! In fact, one of his buddies told me my dad was like a brother to him. At that moment, my heart grew stronger knowing my dad was very special to another person. Clearly, that was God’s presence, and one of many experiences I feel during life!

One good thing was my dad was cremated, so no handling of a heavy casket with a broken finger!  Afterwards, we had a nice lunch that my dad would’ve enjoyed as well. Love You Dad!

So, to this day, Randy’s finger exhibits a perpetual flip off! Pretty cool huh?  When certain people, like a friend he hasn’t seen in a while, questions why he’s flipping them off, instead of going into detail, he just says “I dunno”.  Just recently, he came home from his job and remarked one of his fellow teachers wanted to know why he flipped her off.  He smiled and replied ~

 dunno!

A great memory from October of 2016 was of Randy driving into and out of the parking area of the Kansas City Chief’s Arrowhead stadium pre-and post game (they won!).  Soo many people, staffers, and cops too! Well, they all got the flip off! But, no one noticed, which to me made it quite comical! 

It’s a “I do know” factual concept for me to tap into emotional intelligence when I’m being deposed or testifying (I believe it’s okay to flip someone off under a table or in your mind as a form of mental exercise!!). So contact me, my Attorney Reader, if you need an expert and I’ll offer my complete time and attention  as an consultant and an educator for your case.

Keep me in mind as I also offer consulting services to help attorneys come up with good questions to help you prepare for a deposition and/or cross examination in a courtroom on cases involving work and disability.

I’m Here to Help You Help Your Client!

The best way to contact me is by email at  amyebotkin@lcpresourcesplus.com

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Emotional Intelligence and Expert Testimony…Stay in the Ship!

Reading Time: 3 minutes

I want to touch a bit more on emotional intelligence from a previous blog on the subject of EQ. Basically, emotional intelligence is the ability to perceive emotions in yourself and sense the emotional needs in others. I study this interpersonal skill and certainly am not an emotional master, but I constantly challenge myself to control any “miffed” (annoying) emotions that are connected to stressful situations.

Miffed?  Mad? Upset? Irritated?  Jittery?  Soft?  Antsy?  Optimistic?  All the Above?!?!

For example, when I’ve been on the witness stand in court (serving as an expert in my field of vocational rehabilitation), I’ve experienced verbal assaults on my work, my credentials, and even my vocation (don’t even go there buddy…), by the opposing attorney. This of course is stressful!

However, because I know myself well and have thee highest regard for what I do for a living, I am able to calmly turn mean and rude statements into mush (metaphorically in my mind where it matters!) You’d be surprised how effective a concerned look and a calm statement or simple facial expression saying, “I hope you realize how that sounded” can be.

 

Mush you say??? Yuck. Get Out of Here. No Way Would I Ever Eat That.

Seriously though, emotions can turn into enemies if they get in your way during certain times in your life (like on the witness stand!). I like to think of emotions as waves. A storm has rushed in, the winds are fierce, and the lake is churning up white caps. THESE ARE THE EMOTIONS – the things that get us disturbed, all riled up and self-absorbed.  We liked the calm…

Emotional waves get in your way!

Now think, the storm will blow over and the lake will calm down. During the slowdown of the storm, the waves are just big, and in fact can be quite beautiful. THESE ARE YOUR THOUGHTS – and now you connect with the outside world….and to other people easily.

Calm those waves down!

Now think of a peaceful lake.  Become aware of your own feelings and realize, hey ~ this is what makes me special, my stuff really is helpful and I am good at stilling the waves. Calm yourself down right when the lake’s current does too. Now there is no distinction between yourself and the environment. You become a part of it. Everything clicks. The world is safe….and you are alive! (yet potentially still on that witness stand!)

“I know that I know that I know!”

Understanding the effects of wind, waves and currents is not an easy subject to master. Waves (humans who may be intent on verbal attacks) behave differently under a large variety of different conditions.

So to be familiar with all, or at least rough water conditions, a professional seaman (or how about an expert witness such as myself?!), uses knowledge and skills to confidently control the ship through to the calm following the storm. That’s what it takes to be a good expert witness. I’m here to help you help your client. 

In another blog, I continue with another element of emotional intelligence ~ EI ~ stay in the ship!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Intimidators: Tailgaters, Drunken Jerks or Glaring Attorneys? Need an Expert? I’m Here to Help!

Reading Time: 3 minutes

Remember the last time someone tried to intimidate you? How about when a person (for example, that careless tailgater or the drunk in the same beer line as you) may think they can make another person do something or react in some way? Exceed the posted speed limit ~ NOPE! Pay attention to public intoxication ~ NOT INTERESTED! or say something to the drunken jerk ~ NO WAY!uckr cup

Go ahead be one, I don’t care! 

During cross examination in the past, I’ve received a pretty mean looking facial expression/glaring eyes/stare down/stern voice/condescending attitude and a critical tone to the long litany of questions arising from the mouth of an attorney on a workers’ compensation court case. I knew this attorney was trying hard to intimidate me. Go ahead, try!

But, I answered all questions calmly. P.S. ~ I love it when the attorney can’t even remember what was asked and has to refer to the court reporter! I stuck to my guns (aka: my knowledge base) during my testimony, and talked about what I knew about.  I knew what I knew.

mmI know, bring it on!

I’ve never been intimidated much by people (places, things or even animals either for that matter). Okay, okay, I am intimidated by Mother Nature, a force to be feared, and treated with utmost respect e specially when she zoome a mesocyclone or other tornado-like activity my way.  I’ll never forget the evergreen tree in my front yard crash down on the car in my neighbor’s driveway during a mesocyclone many summers ago. The storm was in full fury just as I was peeling away in our minivan to get my two youngest children who were about 1/2 mile away at a park for a daycamp.

Image result for cyclone cartoonI have always been able to speak my mind (ask anyone who knows me) and yes it’s gotten me in a pickle or two from time to time (just like my dad!). I try to express what’s on my mind being mindful of who I’m communicating with, the content of my speech/body language, and the context of how/when my message is delivered.  In other words, I’m not the type of person who “blows up” or “blabs” and I definitely don’t overshare!  

I do tend to speed up my talking and need to watch that so I don’t sound nervous, however that is a natural consequence of my hard wired fight and flight response! I read the “butterflies in your stomach” occur as blood from digestive system is redirected. (So I try to eat healthy before a court date!) 

PeacockThere is truly a difference between a cocky person and a confident person!

When on the witness stand, my role is to explain what I did on a case so the judge understands; and ultimately educate the jury on why what I did was important to the case.  I accept confidence with the work I do. My role  allows me to serve as an expert witness & educator all while consulting within the scope of my practice. I keep a placement, rehabilitation, and quality of life orientation at the forefront of any topic. 

Every day, I learn more about how to help others.  My Attorney Reader, please know I am here to help you help your client.  Give me a call and brief me on your case involving work and disability (or just work, or just disability), whatever it may be I’m interested to hear about it! 

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Dam! Need Help on a Case? I’ll Search Until I Find It!

Reading Time: 5 minutes

Some days do you feel weird because part of your daily routine has changed? It happens quite regularly with me. Yes both, feeling weird and not having a typical day!

Image result for images feeling weird

Time that follows after finishing work on an in-depth legal case can feel unusual. How about the time after you’ve completed a project or a presentation that you spent hours on, or when you complete a long-term educational goal…and the homework is done?! You know what I’m referring to. You feel different!  And kinda weird, which is okay. In fact it’s great!

After I’ve served as an expert, I can relax and think upon the experience and what I learned about myself and my role in the process. I consider  how I did good and how I could do better. My work opens up experiences where I continuously learn about work!

My work as an “expert” requires me to research and study the subject matter at hand. So, I make my own homework all the time and seem to like it! Am I or am I not an unusual person? I absolutely love to study and analyze information! And like my brother Steven enjoyed, I too like to come up with theories and see if I can prove or disprove them to myself. Some of Steve’s theories however, defied gravity, like his skateboard stunts, and his water skiing stunts, I still don’t know how he could fly!

Steve

The meaning is:  Crown, wreath

I looked up “Steven and dare devil” and found out that on August 18th 1985, a Rhode Island bartender named  Steven Trotter made the trip over Niagara Falls in a barrel wrapped in inner tubes. Mr. Trotter was fined a total of $5,503. Then, he did it again.  On June 18th, 1995, Steven returned to the Falls and made it another success. This time he and a female partner (a caterer) made the big drop together. That is all fine and good for them, but what about the rescuers? Somebody had to help get them out of “hot” water. Oh my! I remember as a child visiting Niagara Falls (height of 167 feet!!)  many moons ago with the family. My brother Steven loved it! I would love to visit again.

But instead I only need to travel a short distance to the pedestrian bridge over the Des Moines River. I love to stop on the south side of the Women of Achievement Bridge and gaze down at the beautiful falls from the Center Street dam…the dam height is 15 feet! I love the dam in Iowa Falls too which has a height of 26 feet! Or course the Saylorville dam is fun to visit too, especially when it’s flowing full force and you get splashed! Dams are gorgeous yet dangerous! Dam! 

Bud

Here’s to you bro! 

I always have a sip or two on July 17th which is my brother’s birth date at a favorite local cemetery and let Randy drink the rest! (Budweiser is not my brand of beer).

Think about “daredevils” and what their personality and temperament are like. Okay, someone similar to my brother! Someone who takes risks, not silly or reckless dares, but a good slightly risky risk. Are you a person who accepts dares? how about risks? Think about your job and your role at work. Think about how I can help you with a legal case. Okay, go ahead and think about drinking a beer!

Law involves uncertainties and risks that cannot be quantified. Some cases may be “risky” because of their sheer complexity or because the subject matter cannot be reasonably measured. I recognize that when I’m called upon to help on a legal case everyone has a role in the process. From me you will receive a report that is clear, truthful and comprehensive. Here’s a little story about me:

I once searched for a solid week for a black pearl that fell out a ring from my finger. It happened one morning as I was leaving my apartment going to work (for the State). The heavy door grazed my hand as it was closing, caught my ring and the pearl fell out. It fell through the deck slats and landed somewhere in a huge mess of leaves, etc. below. I looked briefly yet had to get to work on time. Upon returning home I looked for the pearl. I looked every time I left the apartment to go to work or go where I needed to go. I was determined to find it!

Until there ya go! 7 days later, I found it!  I am one persistent person when it comes to finding something I absolutely know is there! And that includes something so small as a black pearl!

Image result for pearl black and white ring cartoonWhat an incredible ring!

If there is part of your job that is somewhat risky, convince your brain that you are not scared of said dare or risk, and how proud you will be of your accomplishment. Consider all outcomes, and don’t forget others who are or could become involved. Then gather the courage and just do it! Don’t stop until you are done. Feel the exhilaration! This is similar to serving as an expert witness!

Skydiver

 Be safe, especially if you have a dangerous job (or hobby)

What will I study next? How to sky dive?  I would love to! And I’ve thought about it…hummm, maybe in Brooklyn! Actually I want to get into art. Not that I’m good at drawing or painting. I just like to study and learn new techniques. Not that risky huh! Stay tuned!  Contact me at amyebotkin@lcpresourcesplus.com for help on a litigated case involving work and disability.  Thank you for reading!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

I Sued the Railroad Nearly 40 Years Ago. Think I Won? Need an Expert?

Reading Time: 4 minutes

I’ve written about my 1979 car/train collision, which is part of my memory bank that becomes revisited from time to time  especially when June 15th of each year rolls around! Here’s a bit more about the story:  While hospitalized following surgery on my head and on my right arm, I was administered an IV bag that did not have my name on it. 

Image result for plastic bracelet hospitalMy maiden name is Prochnow NOT the name written on the bag. My mom caught the error after inspecting what was all hooked up to me (I was still unconscious) and reported it to a staff nurse.  The name on one of the IV bags was that of the male driver of the car I was in that slammed into a parked train; also an inpatient in a room down the hall. Thank goodness the IV bag contained only Lasix! How could a nurse hook me up without checking my name? Yes, we had plastic id bracelets back then! No harm done. Thank you mom!

Awhile back, I was driving in my car alone, and coming upon railroad tracks noticed the crossbar was malfunctioning. It was going up/and down over and over.  At this crossing (near EFCO on Broadway), the lights were not flashing and I did not see any train approaching from either direction.  The bars were out of whack! Trust me, I did not see a train approaching this dayHowever, a foolish driver drove around the gates and over the multiple crossings.

I did however see the 800 number to call the Union Pacific Railroad, because it was quite apparent the gates were malfunctioning every 60 seconds or so. To fulfill my civic duty, I dialed (after crossing the tracks and pulling over near the swans’ nest) and a man actually answered!

Image result for swans nest cartoon

I informed the railroad worker of the situation, he thanked me and I went on my merry way.  I do not care for railroad tracks when there’s a train approaching but you can’t see it yet…gives me the chills! But I did my part to help others.

I actually felt odd, even telling my mother of the situation and the call. Maybe it was some sort of healthy release to my own personal  situation and lawsuit. Read on please!   

The irony of me reporting a problem with a railroad crossing is that one reason for the lawsuit my family and I filed following the 1979 car/train collision against Rock Island Railroad was the fact that the cross bucks at the crossing near the high school at the site and time of the accident I incurred was missing.  Yes, the cross buck, the two signs that cross at the top, was gone, missing, not there. I have no idea why. Perhaps some kid had stolen it?

During the trial held at the Hardin County Courthouse in Eldora, besides that fact of no cross bucks, and the fact that this railroad maintenance error was swept under the rug, somehow, we (my entire family) knew a member of the jury.

The juror was the sister of a long time neighbor we had several ties with while growing up. In fact we used to go on family vacations to South Dakota with that juror’s sister.  I was best friends for many years with the woman juror’s sister’s daughter, as was my sister with a second daughter (make sense?). 

Anyway, my family and I did not win anything in the lawsuit. Not a cent We definitely should have been awarded something.  I believe the main reason we didn’t win was the fact that the railroad was going under.

Have I ever shown you my scars? You may be impressed!  I’m sure my parents paid a bit of money for the care I needed and could’ve used money to compensate.  I was only 15 years old and my serious injuries did seriously impact my life going forward. I felt so odd and was stared at when I returned to school that Fall. I ultimately ended up dropping out of high school in November 1979. I sure wish my story had been revealed, and wonder what may have happened if so had we won the lawsuit.

An injury comes with costs, no matter the situation, and a story that explains the situation from a personal point of view is fundamentally necessary for you and your client.  If you need a personal story about your client, for the jury and the judge to read, let me help. 

I’m qualified in many ways to help you help your client. Yes, although a high school dropout, I moved forward in life in many fruitful ways! There’s a link on my website to my resume, feel free to download it. And please contact me to share information about your litigated case! You’ll find I care a lot, especially if justice is lacking or a person’s story needs to be understood in a different light.

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.