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What To Do If You Have Slipped Or Fallen In A Store – part 2

Aug 21

Posted by admin in News | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

3. WITNESSES:

If anyone saw how or why you slipped or tripped, obtain the names, addresses and telephone numbers of eyewitnesses, and make sure you obtain this information yourself.  This is extremely important when there are different stories as to how the accident happened, for example, when the business claims to have inspected or cleaned the area just prior to the incident, or when they claim that they their surveillance cameras weren’t working or weren’t on at the time of the incident, etc.

If you don’t obtain witness information at the scene, it is probably lost forever.

4. PHYSICAL EVIDENCE:

If you were caused to slip on a wet substance, and got on your clothes or shoes, then please do not wash them and do not throw them away, but save them in this condition.  Similarly, if your clothes were torn, or got blood on them, preserve them in this condition.  Save your receipt to prove the date and time you were at their business.  If the injury involves snow or ice, you must take pictures as soon as possible before it melts, so you are able to prove the condition that caused your fall — if you don’t do this immediately, you have lost the opportunity to photograph the dangerous condition.

If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises, cuts, anything that proves that there were forces to your body from the incident.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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Injuries at Work, and Workers Compensation – part2

Aug 8

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What types of accidents give rise to a workers compensation claim?

* Specific Accident Claims – These are regular, everyday accidents. They include, but are not limited to, falls, motor vehicle accidents, machinery, and lifting injuries.  Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.

* Repetitive Motion Claims – The repetitive motion and strain of a job can cause a work related injury. The most common examples are jobs where a worker has to do a lot of lifting, or doing the same movements over and over.  For example, jobs that require constant typing can cause carpal tunnel syndrome.  In a Repetitive Motion Claim, there is no one particular incident that caused the worker to sustain the injury, but the repetitive wear and tear of the job caused the worker’s body to break down.

* Occupational Exposure Claims – Workers may be exposed to harmful elements on the job.  These can include  chemicals, asbestos, and other noxious elements.  Over time, this exposure may cause a worker to suffer lung disease, cancer, heart problems, or mesothelioma.  A worker who suffers from this type of Occupational Exposure is entitled to receive Workers Compensation benefits.

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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Injuries at Work, and Workers Compensation – part1

Aug 1

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What is workers compensation insurance?

New Jersey Workers’ Compensation insurance is insurance that an employer is required by law to carry.  It provides benefits for any worker injured as a result of his or her job.  In New Jersey, if you, as an employee, are injured while working your employer is required to pay for your medical treatment.  This includes hospitalization, doctors visits, surgery, physical therapy, medications,  counseling, and nursing care. If an injured employee is unable to work for more than seven days, the injured worker is entitled to be paid for the entire time he or she is out of work.  At the end of the case, the employee may be entitled to a payment for permanent disability.

Three types of benefits defined

* Medical Benefits – An injured worker is entitled to medical treatment intended to cure the work related injury. The employer, more accurately, the employer’s workers compensation insurance company, has the right to select the injured workers’ doctors. However, if the employer refuses to provide appropriate medical treatment, or authorizes doctors that are not qualified to provide that care, the injured worker has the right to file a Motion with the Court to get the employer to provide the correct medical treatment

* Temporary Disability Benefits – An injured worker is entitled to payment for the wages lost as a result of losing time from work due to the worker’s injury. The injured worker is entitled to 70% of his or her gross weekly wage, including overtime and tips, subject to a maximum and minimum amount designated for the year of the accident. If the employer refuses to provide appropriate Temporary Disability Benefits, the injured worker has the right to file a Motion with the Court to compel these benefits.

* Permanent Disability Benefits – An injured worker has the right to seek a money award for permanent disability (permanent injury).  Most of the workers who file workers compensation claims have returned to the same job they had before their accident.  The injured worker is required to show certain signs of a permanent injury, as a result of the injury that occurred on-the-job.

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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What To Do If Your Are Involved In A Motor Vehicle Collision part 2

Jul 30

Posted by admin in Automobile Accidents | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

5. EXCHANGE INFORMATION WITH THE OTHER DRIVER:

Obtain the names and addresses of all other drivers involved, along with the names and addresses of other passengers. Write down the vehicle information from the registration cards of all cars involved in the accident, as well as the insurance information [name, address and policy numbers]. If you notice that their insurance or registration has expired, inform the police

6. DO NOT ASSUME THAT THE POLICE REPORT WILL CONTAIN ALL AVAILABLE INFORMATION:

This is particularly true of names and addresses and telephone numbers of eyewitnesses, so make sure you get this information yourself. This is extremely important when there are different stories as to how the accident happened, for example, when both drivers at an intersection accident claim to have had a green light, when it’s only possible for one of them to have had a green light.

If you don’t obtain witness information at the scene, it is probably lost forever.

7. POINT OUT ANY PHYSICAL EVIDENCE TO THE POLICE:

By physical evidence, I mean any debris from the cars in the roadway, any skid marks from the vehicles involved, damage to each of the vehicles, as well as any physical signs of injury (bruise, laceration, etc.).

8. WRITE DOWN THE DETAILS OF THE ACCIDENT:

It is a good idea to write down what happened soon after the accident. The sooner you make notes of the details of the accident, the more information will be preserved for later, before your memory may fade and some of the specifics are lost. Your note should include date and time, road conditions, weather conditions and speed of all other vehicles involved. It is also a good idea to draw a diagram of the accident showing the position and direction of the vehicles just prior to and after the accident.

9.  REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY:

Your insurance company is responsible for the payment of your medical bills, and must be promptly notified of the crash and of your injuries. Frequently the insurance company will ask you for a tape-recorded statement, and I suggest that you do not do so without an attorney. I give this advice because your insurance company often is your adversary when you present claims, and also because I may have serious problems with the way the questioner interrogates you  – they may be suggesting answers that may not be true, may suggest facts in their questions, or other tricky or confusing questions.

10. IF YOU ARE INJURED IN THE ACCIDENT:

If you are in pain, go to the Emergency Room or see a doctor as soon as possible.  Potentially serious and costly injuries may not be evident at first; let these experts evaluate you and determine if your injuries require treatment.

11. TAKE PICTURES:

Take pictures of the accident scene, skid marks, and damage caused to your vehicle.  If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises from seatbelts, anything that proves that there were forces to your body from the crash.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies.

The entire  article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com .  Other sources of NJ Lawyers can be found on  NJ lawyer or NJ Law firm

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What To Do If Your Are Involved In A Motor Vehicle Collision

Jul 23

Posted by admin in Automobile Accidents, Personal Injury | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

1. CALL THE POLICE:

If you are involved in a motor vehicle accident causing injury to person or property, you are required to stop and give, your name, address, and show your driver’s license and insurance identification card to the person who is injured or whose property is damaged, or to a police officer. By doing this you are making an official record of the event, obtaining an independent witness [the police officer] of some facts of the event, and documenting a statement from the other driver

2. .INJURED PERSONS RECEIVE FIRST CONSIDERATION:

If anyone is injured, inform the police officer who will then call an ambulance immediately.  Before help arrives, you should not move an injured person. Keep the person warm with blankets or coats if necessary. Do not give an unconscious person anything by mouth. If you are injured, get to an emergency room.

3.  PROTECT THE SCENE:

Make every effort to prevent further accidents. Vehicles should not be left in a position of danger on a highway if they can be moved, nor should passengers remain in such a vehicle. If the highway is obstructed at night, have someone with a flashlight warn approaching motorists, activate your flashers and set out flares or reflectors if they are available.

4. MAKE A COMPLETE REPORT TO THE POLICE:

Give the police officer the basic facts e.g., how it happened, the color of the light, what the other driver told you, etc. Ask the police officer how you can get a copy of the accident report and write down the police officer’s name and badge number. Inform the officer of any symptoms that you are experiencing.

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firm

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New Jersey DWI/DUI Penalties

May 19

Posted by admin in DWI | No Comments


The following article was written by Gregory Cannarozzi and can be found on New-Jersey-Lawyers.com

New Jersey DWI/DUI Penalties

Driving while intoxicated (DWI) and driving under the influence of CDS constitute very serious offenses in New Jersey. The consequences of driving while intoxicated, as well as driving under the influence of CDS include personal injuries, property damage, and even death. As a result, New Jersey has some of the strictest laws in the United States of those convicted of DWI/DUI charges; the severe penalties are intended to deter drivers from getting behind the wheel after drinking or while under the influence of controlled dangerous substances.

First Offense – DWI

In most states, driving while intoxicated is a crime. In New Jersey there are neither misdemeanors nor felonies. New Jersey takes the position that an offense for driving while intoxicated (as well as DUI) is a “quasi-criminal” offense, which means that there is a potential for incarceration, which becomes mandatory on the third or subsequent offense for a DWI, under most circumstances. In New Jersey, DWIs are segregated by tiers. If an individual’s blood alcohol is at least .08%, but less then .10% then there is a presumption of intoxication at that level of reading resulting in, upon conviction or a guilty plea:

  • A license suspension of 3 months
  • A fine of $250 to $400
  • A fee of $230 to the Intoxicated Driver Resource Center (IDRC)
  • A fine of $100 payable to the Drunk Driving Fund
  • A fine of $100 to the Alcohol Education and Rehabilitation Fund (AERF)
  • A surcharge of $1,000/year for 3 years imposed by the NJMVC, which is a law applicable to all out of state drivers
  • A $75 fee to the Neighborhood Services Fund
  • A prison term of up to 30 days, which can be suspended
  • A mandatory 12 to 48 hours on 2 consecutive days in an IDRC program
  • Additional surcharge of $100.00
  • Possible installation of an alcohol interlock device for 6 months to 1 year

The balance of this article can be found here.

New Jersey DWI Lawyers can be found at New-Jersey-Lawyers.com some other source to find an NJ lawyer or NJ Law firm to help you with your NJ legal need.

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