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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

What Happens If You Let an Underaged Person Drive Drunk in New Jersey?

Some parents do not see the harm in letting their underage children drink a little, but everyone should understand the dangers of giving an underaged person a drink before letting them drive drunk, especially in the state of New Jersey. For many, alcohol represents a rite of passage: a sign of transition from the adolescence cokes and Frappuccino’s. However, unlike highly caffeinated beverages, alcohol can make you a lethal, mobile hazard when you’re behind the road.

While a person is ultimately responsible for their own actions when they choose to drink and drive, adults who allow such behavior – or, indeed, anyone who allows teens to drink, even other teens – should bare a degree of responsibility. You could have stopped a drunk driver from smashing down a person at a crosswalk. You could have stopped a drunk driver some smashing a man along the passenger door, catapulting an innocent headlong through the opposite window, with only the other driver there to break their fall. A recent New Jersey ruling has changed how much responsibility do you bear for allowing an underaged person to drive drunk in New Jersey.

Are Merchant Cash Advances Legal in New Jersey?

A Merchant Cash Advance (“MCA”) allows an MCA provider (“buyer") to purchase future credit or debit card sales from the merchant (“seller”). The payback amount depends on the merchant’s sale volume. Merchant Cash Advances differ from loans because the buyer of the future receivables takes on the risk of non-payment.

How Can I File a Personal Injury Lawsuit in New Jersey?

It is hard to know how to file a personal injury lawsuit if you have never known someone who sued another party for damages. The process might seem unknowable or beyond understanding from the perspective of an outsider. The layman knows the process involves a personal injury lawyer and civil court.

If you are afraid of filing for a personal injury lawsuit, you need not worry. The process to filing is straight forward and matter of fact. Filing for a personal injury lawsuit in New Jersey is a straightforward, simple process. The following information takes the complexities of the process, simplifies them so that anyone can understand how it works, and gives you the knowledge you need to make filing Personal Injury suits easy.

No Fault Personal Injury Protection (PIP) vs. At Fault Insurance Coverage in New Jersey

In New Jersey PIP coverage is important to understand and to have to protect yourself for medical coverage. To illustrate, the worst has happened: you are in a car accident. You need immediate medical attention. The first thought that races through your mind is that question you always ask when you’re hurt: will your insurance decline to cover your immediate injuries. The reality is that several of us are injured behind the wheel. We often do not understand the complex laws surrounding personal injury to fully understand your rights.

Most specifically, when dealing with Personal Injury Protection Coverage – or PIP – we do not know for sure how it can help us in the event of a worst-case scenario. You might have heard of No Fault or At Fault accidents. While on the outside these can sound drastically different, it might be hard to determine what damages can count as a No Fault claim as opposed to what an At Fault claim is.

All of these concepts might sound complicated, but in practice they are far more straight forward than you might believe. If you are unsure whether your insurance will cover you or if you have to fight for damages, let us shed light on both concepts, when both apply, and how to get the money you need to recover after an accident.

5 Ways Construction Projects Can Ruin Your Car

In theory, construction sites build. They are designed to help build towers to the sky, replaced damaged property with functional equivalents, and add curbside appeal to cities and towns in need of it. Alternatively, construction sites can do something incredibly practical by building a new Wawa. In New Jersey, construction is a common occurrence, with many of us passing by it on the highway without a second thought issued.

What makes this problematic, however, is when the construction site creates a hazardous zone which spreads destruction rather than construction. There are several ways construction projects can ruin your cars, trucks, or bicycles when passing through the area.

Most Common Ways You Can Be Injured (That Your Town is Responsible For)

People injure themselves just by living their normal lives. The world is full of things that can hurt you. On occasion, these accidents are no one’s fault. These occasions, however, are few and far between. While chance and random chaos are factors in what leads to people being injured or not, often, one party acted in a manner that increased the likelihood of another's injury.

In cases where a town has constructed a scenario that increases the likelihood of injury, you might be eligible for damages owed to compensate for any incurred injuries. In situations like these, what are the most common ways your town could be an intricate set of traps, and what injuries can you incur thanks to your town?

When Can You File Emergency Bankruptcy in New Jersey?

There is a pile of envelops, unopened, piling like a mountain outside your door – so dense and heavy you cannot escape your home. The statements from the bank reveal your accounts are empty. You have no lines of open credit left. The accumulating unpaid dues are too much. Your credit score is in the gutter. Bankruptcy is your best option right now, and you need it now.

Bankruptcy always feels like an emergency. Financial difficulties are urgent matters that drag us into the muck. Debts and unpaid bills tether us to weights that plunge us into a financial oblivion from which there seems to be no escape. Or, at least, that is how it appears. No situation is ever as hopeless as it appears when you are experiencing it. Your problems have solutions.

Emergency bankruptcy is one such solution. However, what differentiates an "emergency bankruptcy" from an ordinary bankruptcy? As it turns out, very little.

What Does Wrongful Death Mean?

People know what murder is. They know what it means when a person dies in a vehicle crash or as the result of medical malpractice. These are terms that are familiar enough to a regular person that when you say “Bob died from cancer” or “Bob died when a semi-truck rolled over his skull,” that you immediately understand what happened and why it happened.

Less understood, however, is the concept of wrongful death. All death, in the eyes of the bereaved, is wrongful and hurtful and should not have happened. Every family wishes they could stave off the death of a loved one and feel wronged by nature when death comes knocking. However, in the eyes of the Civil Courts, what counts as wrongful death? How is wrongful death different from a criminal act of murder? And how can you recover from this?

Jaywalker v Reckless Driver – Who was Responsible for the Injury?

Reckless driving and reckless walking can lead to some unsafe situations. When someone drives around without looking at the road or walks on the road without looking, things, unsurprisingly, will go wrong very fast. It seems inevitable that their mutual negligence will result in someone colliding into the other and that the motorized vehicle, being faster and larger, will cause more severe damage to the smaller, frailer human.

But when the case is brought to civil court, who is at fault? Who would be more at fault for the situation? New Jersey is a partial comparative negligence state. This means that the jury will place a percentage of responsibility on the parties involved. If the jury determines that the jaywalker is 50% responsible for the accident, they will pay 50% of the personal injury damages, while the other 50% will be paid by the driver. However, in these cases, what factors would a jury and judge need to consider in order to determine who pays what?

Scura Represents The First Subchapter V Bankruptcy Plan for an Individual

We are proud to present the first consensual Chapter 11 Subchapter V Bankruptcy Plan of Reorganization for an individual debtor. Here, the Debtor’s proposed plan of reorganization was approved by the US Bankruptcy Court for the District of New Jersey on September 8, 2020, and was primarily handled by one of Scura’s attorneys, Carlos D. Martinez, Esq. This is a groundbreaking case for bankruptcy law and for the implementation of the new Small Business Reorganization Act

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