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What To Do If You Have Slipped Or Fallen In A Store – part 1

Aug 14

Posted by admin in 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. CONTACT THE MANAGER OF THE STORE:

We seem to be programmed after we fall in a public place, to feel embarrassed and walk away hoping no one saw us. The problem with this behavior is that the store isn’t notified of the incident, how it happened, whose fault it is and if you are injured. If you are hurt and it is because of a problem they caused or allowed to exist, they should be made aware of it right after it happened so that they can see that it was their fault, if that is the case.  Inform the manager that you want an incident report completed.

2. THE INCIDENT REPORT:

Inform the manager of the details of how you slipped or tripped, and of any specific symptoms you are experiencing.  Point out the dangerous condition so that they could witness it themselves, and so that they can fix it before anyone else gets hurt.

Also, it is important to obtain a copy of the incident report. Before you sign anything, make sure that they will agree to give you a copy of whatever you sign, before you sign it.  If they refuse to promise you a copy, then don’t sign it – things could be added to the form after you gave it to them, and if you don’t have a copy you can’t prove they altered your statement.  (People do drastic things at times if they feel they may lose their job or affect their standing with the company).

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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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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Being in an Auto Accident What you need to know

Apr 7

Posted by admin in Automobile Accidents | No Comments


The following article was written by Jerrold Kamensky, Esquire
Senior Partner, Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

Auto accidents are, unfortunately, an ordinary part of our lives. They are costly, not only because of our auto insurance expenses but also because of the impact on our lives both economic and as a result of pain and inconvenience they cause.

Having practiced law in the areas involving personal injury for almost forty years I have seen the impact on my clients lives ranging from minor soft tissue (muscle, tendons and ligaments) to lifetime disabilities such as burns, brain damage, crippling fractures and nerve damage causing paraplegia and even quadriplegia. Our office has also handled many cases resulting in death which certainly impacts significantly on the lives of a family and friends of the unfortunate victim.

While some accidents can certainly be avoided by careful, attentive and defensive driving you cannot always protect yourself from the negligence of others, especially in the age of cell phones, GPS guidance systems and text messaging.

So if you do find yourself in an automobile or other moving vehicle such as motorcycle, bicycle or truck accident, shown below are the important steps you should take to protect yourself from possible legal, medical and/or financial problems that might arise from that accident:

At the scene:

a.) Contact police immediately so that a proper accident record is created that describes the events that led to the accident and the consequences of the accident. Be certain the report the accident to the police officer in a concise statement (please do not talk to much) and in a light most favorable to you. While you may be tempted to make polite apologies to another driver, they can be construed as an admission of fault, so do not do it. Even if you might be at fault, do not make any statements of fault. Let the police make there own judgment.

b.) Never tell the officer at the scene of the accident that you are not injured even if you think you feel fine. A statement that you are shaken up unsure if you are hurt will help should litigation become necessary. We are not suggesting you lie, just letting you know that most soft tissue injuries such as muscle, ligament and cartilage damage will not become apparent for 12-24 hours. A statement that you are not injured at the scene of the accident will, without doubt, be used against you in any later settlement discussions, trials and even insurance claims for medical attention should injuries later show up as a result of the accident.

Insurance Claims:

Make sure you get the name of the other driver’s or drivers’ insurance company at the time of the accident. Report the accident to your insurance company immediately giving them the date and time of the accident and the other driver(s) insurance information. DO NOT GIVE YOUR INSURANCE COMPANY ANY OTHER INFORMATION WITHOUT FIRST SPEAKING TO AN ATTORNEY. Neither the other driver(s) NOR your insurance company is looking out for your best interest. Trust me on that…your insurance company may talk of “good hands” but they are looking to pay the least amount of money on any claims you make as possible.

Repairing your vehicle: Take your vehicle to a qualified Auto Body Shop. If you have property damage coverage on your insurance policy, your own insurance company will arrange for the repairs. Your deductible or a portion of it may be paid by the other driver’s insurance company depending on the assessment of who is at fault for the accident. That is another good reason to speak to your attorney first before any further steps are taken. BE CERTAIN TO OBTAIN PHOTOS OF THE DAMAGE BEFORE REPAIR FROM THE BODY SHOP. Digital copies are best.

Medical Care:

a.) Always see your family physician within three days of the accident and if you are feeling any pain at the scene of the accident you would like to go to the hospital. If an ambulance is necessary because you are not feeling up to driving or your vehicle is not capable of being driven, ask the officer to arrange for an ambulance for you.

b.) At the emergency room and any subsequent visits always report any pain that you are feeling no matter how small you think it is at the time. The reason is that if your pain gets worse and becomes a permanent problem, it is extremely important that you are able to “connect the dots” back to the accident. Consistent reporting of areas of pain that increases and even decreases over time will establish the connection to the accident. Throughout your treatment be very careful what you say. I recently had a case in which my client was severely injured in an accident required pain surgery and was left with a severe permanent injury to his leg. After the surgery he advised his physician that he was feeling “80% better”. This was used against him at the time of trial. Report your accident truthfully but in a light most favorable to you. At the ER people tend to focus on the place in their body where they are feeling the most pain. That is not always what ends up to be the real problem so be certain to report all pain, if it is present in any place in your body as it can get a lot worse. After specific descriptions of pain, a statement to the triage nurse and or treating ER doctor to the effect that “I ache all over” (if true) can assist later in evaluating your case should new symptoms appear at a later date.

Medical Expenses:

a.) PIP coverages on your auto policy – Most drivers in New Jersey have personal injury protection coverage (PIP) on their automobile insurance policies. This coverage is considered one of the best in the nation as it provides $250,000.00 of medical coverage. In exchange for that substantial amount of coverage you are liable for a copay and deductible of $1,200.00 on the first $5,000.00 of medical expenses. That money is non refundable, however, if a doctor treats you for a substantial period of time they will sometimes be willing to reduce the copay obligations. In addition, if you have your own health insurance, you should report both policies to your physician because the copay and deductible can, in some cases, be picked up by your health coverages.

Health Insurance alternative – Some people have opted out of the PIP coverage when selecting their policy coverages, have no auto insurance or may not be eligible for PIP1 for reasons to complex to go into here. If you have substituted your own health insurance policy as primary on your auto policy or have no auto insurance and use private health insurance or medicare/medicaid coverages you may be required to reimburse your insurance company for the money they lay out for your care related to the injuries sustained in the accident. If you settle with the other driver’s auto insurance company without this being taken into consideration you could be stuck for those bills. A knowledgeable attorney who is experienced in auto accident injury cases will know to include the amount of the bills in your settlement so you are adequately protected. This is one of the reasons that the insurance industry likes to settle before the lawyer is involved.

c.) In addition there are complex insurance issues that arise when you are injured in a state in which you do not reside. These are called conflict or choice of law issues. Our lawyers are admitted to practice in both Pennsylvania and New Jersey . In those cases where a Pennsylvania licensed and insured driver is injured in New Jersey and/or the reverse, the insurance laws can get quite complex and it is very important that you become aware of, and your attorney is familiar with, those complexities. Jerrold Kamensky and Philip Cohen teach those matters for continuing legal education courses.

Selecting your lawyer:

a.) Of course you knew that I would get to this point and I have a good deal of bias in this area. Kamensky- Cohen & Associates has been practicing personal injury and insurance law since 1972. It is not the only area of our practice and I would suggest you see our website to explore other areas that we can help you with. We have exceptional depth of experience in both New Jersey and Pennsylvania and we have taught other lawyers on the inter-relationship of automobile insurance law between the two states.

If you click on the friends and family link below you will connect to our website and you can sign up to become a member of our “friends and family”. So long as you are a member thirty days or more before you are involved in an accident you will be treated with a special rate as set forth in the friends and family section.

Once you are a member of friends and family we will assist you, without charge in reviewing your automobile insurance and provide you with advice on how to get the best protection for the least amount of money. We are here to help you.

For more information about  NJ Personal Injury Law or to find a New Jersey Personal Injury Lawyers Additional lists of NJ Personal Injury Law Firms can be found here.

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A Lawyer’s Guide to Automobile Insurance in NJ

Apr 6

Posted by admin in Personal Injury | No Comments



The following article was written by Kamensky-Cohen & Associates and can be found on New-Jersey-Lawyers.com

Introduction:

This purpose of this guide is to help you, when purchasing auto insurance, to select the coverage that will best protect you and your family if you are ever involved in an auto accident. If you have any questions left unanswered by this pamphlet or would like a lawyer’s opinion about your auto insurance policy, call Kamensky – Cohen & Associates for a free consultation.

The New Law:

The new auto insurance law in New Jersey that went into effect in 1999 has made significant changes to your coverage and we have some critical consumer tips, which we believe will protect you and your family. The first and foremost of these tips is never select the “basic policy”. When it comes time to renew your auto insurance, you’ll have to choose between what government regulators have named the “basic policy” and the better levels of coverage found in a “standard policy”. The standard policy will protect you and your family. The cheaper “basic policy” is so lacking in coverage that it provides little more than an insurance card. The “basic policy” only provides limited medical coverage and trivial liability coverage. No individual or family with any assets or income from a job should buy such a policy. Without liability coverage, you can be personally sued. If successful, a judgment can dramatically affect your financial future, your credit rating and even your ability to own or drive a car!

To read the balance of this article click here

A directory of NJ Lawyers for all of your New Jersey legal needs including Personal Injury can be found at www.New-Jersey-Lawyers.com

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