One of the most common personal injury actions relate to an individual losing their balance and subsequently suffering injuries from a fall. Generally, when a fall occurs you can’t help but ask yourself, did I trip on something? Did I slip on something? While the distinction between a trip and slip may seem nonsensical, the legal distinction is important for a successful personal injury action. This blog will explore the differences between a slip-and-fall and trip-and-fall case, and how to obtain a successful outcome
In personal injury cases, the courts in New Jersey do not allow the attorney to ask the jury to award a specific amount of money for pain and suffering or non-economic losses. For example, an attorney cannot argue that my client should be entitled to 2 million dollars for her permanent back injury that required a fusion surgery and has limited her life in all ways. In some states the attorney can argue in that way and suggest a specific number.
One of the more difficult issues that can evolve during a personal injury case is the assertion of liens by a healthcare insurance carrier and provider, Medicaid and Medicare, and workers’ compensation insurance carrier, or for past due child support obligations. In short, liens are a property interest held by a third-party against the financial recovery awarded for personal injury settlement or final judgment obtained. In other words, a Plaintiff may be required to pay a portion of their settlement proceeds to a third-party for a related lien.
This can sometimes be a surprise to an injured party, because after years of litigation they believe the fight it over. However, counsel for the plaintiff may need to challenge and negotiate down a lien to ensure a larger net recovery for the injured client. This article will discuss some of the common liens that may affect the potential net recovery by a plaintiff in a personal injury case.
While the thrill of riding motorcycles is second-to-none, the risks associated with operating a motorcycle are evident. Those risks are generally unrelated to trained motorcyclist operating a bike in a safe manner, but instead are associated with the potential negligence of individuals driving automobiles on the same roadways. While wearing helmets, protective clothing, and safe riding techniques do reduce the risks, bikers are simply more prone to serious injuries. In fact, the National Highway Traffic Safety Administration states that motorcyclists are 28 times more likely to die in a collision. From 2011 to 2015, there have been over 12,000 crashes in New Jersey involving motorcycles. In 2015, there were 2,300 motorcycle accidents in New Jersey, which resulted in 49 fatalities.The most common injuries sustained in motorcycle collisions are skull, spine, elbow, leg, wrist and arm fractures, tendon and ligament damage, brain injuries, internal organ damage, and soft tissue injuries such as herniated discs.
This blog will focus on motorcycle insurance, liability, and their relationship with New Jersey law.
Everyone knows the dangers of drinking and driving - yet, so many people still drive on our roadways after a night of drinking. Despite efforts to stop - or at least curb - drinking and driving, there are still people who endanger themselves - and others - when they are intoxicated. In fact, a drunk driver kills someone in the United States every 50 minutes.
Some people are more susceptible to injury because of a preexisting degenerative medical condition. That preexisting degenerative medical condition may, however, not be causing the person any pain. If a preexisting degenerative medical condition that is not causing pain, starts causing pain as the result of trauma caused by the negligence of another, then the person is entitled to full recovery for any aggravation or worsening of that preexisting degenerative condition. Even if you have a preexisting medical degenerative condition that was causing pain, if that condition is made worse in any way then you are entitled to compensation for the fair and reasonable value equivalent to the worsening of that condition.
One moment, you might be walking in a winter wonderland - the next moment, you have fallen and can't get up.
The older we get, the more we realize that winter and snow days are not all about fun and games - they are days where we feel most unsafe or most susceptible to injuries or accidents. Sometimes being aware of the potential risks causes more worry, but with some of the following common winter accidents, we can be prepared for the worst and feel at ease.
The gift of mobility is something we often take for granted. After getting injured, there are many things that you may need assistance with – physical, let alone tedious, tasks. Then, you have medical bills – and are clouded by those hovering over your head. You probably are not thinking about all of the logistical, administrative, and compensatory tasks. But you should consider at least a few.
Despite drivers’ best efforts, rear end collisions happen every day. There can be many causes of rear end collisions. Common causes include inattention, distracted driving, texting, and bad weather. To prevail in a rear end collision case, a plaintiff must typically show the other driver was negligent or acted unreasonably given the circumstances.
Per the NHTSA, motorcyclist fatalities happen 27 times more often than deaths in other vehicles. With motorcycle accidents, there are some crashes that occur much more than others. To keep yourself safe while riding your bike, familiarize yourself with the following safety guidelines.