The Cassidy Law Firm Blog
Monday, February 27, 2017
Does Workers Compensation cover an employee on the grounds of the workplace?
While employees are not covered by workers’ compensation during the time they commute to and from work, a Commonwealth Court in Philadelphia has just ruled that the employee of a convenience store who was shot while sitting in a car just outside his workplace, is entitled to workers’ benefits. Clearly, the circumstances under which workers’ compensation is available to employees are not cut and dried. Read more . . .
Sunday, February 12, 2017
One of the questions we get asked the most by potential clients is how much money a particular injury might be worth. It’s a good question to ask, but a somewhat difficult one to answer. Every person and every injury are different, and these differences play a big factor in determining how much an individual might be able to get if they file a lawsuit against the parties responsible for their injuries.Read more . . .
Sunday, January 22, 2017
When Lack of Informed Consent Leads to Medical Malpractice
We rely on doctors and other medical professionals to provide us with quality care, as well as all the relevant information about treatments so that we can make choices about our care. In fact, state law requires doctors to obtain a patient's "informed consent" before performing a planned medical procedure such as surgery or special treatment for an illness. If a doctor fails to obtain this consent and the patient is injured as a result of the treatment, there may be grounds for a medical malpractice claim.
What is informed consent?
A doctor has a legal obligation to provide a patient will all the relevant information about a planned procedure or treatment. This information must be provided in plain language that the patient can understand and include a description of the procedure, risks and potential complications, alternative her treatment options, and the prognosis.Read more . . .
Monday, January 16, 2017
If you have been injured in an accident, you are probably drowning in solicitations from personal injury attorneys. They send you letters and ads, call you on the phone, and may even come to visit you.Read more . . .
Monday, December 26, 2016
Typically, if someone gets hurt because they are drunk on the job, they are not going to be able to get workers’ compensation to pay for their injuries. But a recent ruling from a New Jersey appeals court highlights an exception to the rule against covering injuries to people who are intoxicated.
Read more . . .
Tuesday, December 13, 2016
Why did Jared Kushner end litigation over a dispute with two New Jersey restaurants?
President-Elect Donald Trump has praised his son-in-law, Jared Kushner, saying that the 35-year-old businessman could play a role in trying to bring peace to the Middle East.
Whether or not that is possible, Kushner has brought some peace to Long Branch, New Jersey by agreeing to a settlement in a lawsuit brought by two local businesses. Kushner had been seeking to evict Stewart's Root Beer and Corner Café & Bistro from his Pier Village development but has now relented.
Developer Did Not Countersign Renewal Leases for the Restaurants
The lawsuit arose over a lease dispute between the two restaurants and the Kushner Companies, Kushner's development company. The restaurants had been leasing at Pier Village years, but their leases were both due for renewal in 2015, not long after the original developer of Pier Village sold the retail premises to Kushner's company and another company.Read more . . .
Monday, November 14, 2016
Last month the Star-Ledger published a story about a Bergen County woman who filed a lawsuit against her local ShopRite for injuries she allegedly suffered when she slipped and fell on a string bean while grocery shopping. The story was very straight-forward, but it was promoted in a manner that invited ridicule.
And ridicule people did. Nearly all the comments on the story either poke fun at the plaintiff, or suggest her suit is frivolous. This is a sad reflection of the state of public opinion of litigation, and an invitation for the news media to run more click-bait stories on cases that have strange or funny sounding facts.Read more . . .
Monday, November 14, 2016
When a part-time employee is injured, how should worker's comp benefits for future lost earnings be calculated?
A recent unpublished ruling in a New Jersey worker's compensation case helps clarify how benefits may be calculated for an employee working part-time when injured. The petitioner in the case, a part-time employee at Costco, was seeking workers compensation for a permanent partial disability. She asked that it be calculated based upon a "reconstructed" workweek.Read more . . .
Tuesday, October 18, 2016
What damages can you seek and whom can you hold liable in wrongful death lawsuit?
When an elderly driver drove her car into a Wendy's restaurant in Bayonne, New Jersey, killing a man inside, she was cited only for careless driving, a less severe charge than reckless driving. She received the maximum penalty, a $200 fine. The family of the victim filed a wrongful death lawsuit against her and has now settled for a much larger sum, $1.Read more . . .
Tuesday, October 18, 2016
Hoboken Train Crash Highlights Importance of Tort Law System & Class Actions
The horrific train crash that occurred in Hoboken last month was gut-wrenching to behold. So many of us have friends and family members that use that train line for their daily commute, that we couldn’t help but say glued to the live coverage. Thank goodness for text messages and social media, which allowed all of us to check in on loved ones right away!
While watching all of the action unfold, and getting updates from family and friends, it occurred to us that events like this are exactly why we do what we do.
When you go to law school you might have some vague idea that you want to use what you learn to help others, but exactly how that is going to work out is pretty fuzzy. Then you start to really get into your classes, and one of the first classes you take is Torts.Read more . . .
Sunday, September 25, 2016
A pet owner has filed a Federal lawsuit in New Jersey against an animal shelter that euthanized her microchipped cat within hours after finding it.
The woman was joined in her lawsuit by a Monmouth County SPCA officer. They claim the shelter euthanized close to 400 animals illegally in less than a year.Read more . . .
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