Personal Injury

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.

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.

Why is there a surge in soccer injuries throughout the U.S.?

A research study based on 25 years of collected data demonstrates an unmistakable increase in injuries to this country's soccer players as evidenced by the number of such injuries treated in emergency rooms throughout the nation. The study shows that while there were 106 soccer injuries per 10,000 players in 1990, by 2013 that number had risen to 220 per 10,000 players. There is not yet enough information to formulate such statistics for 2014 forward, but the data already available attests to the fact that 3 million soccer players, aged 7 to 17, received ER treatment between 2000 and 2014.

Is distracted driving illegal in New Jersey?

Texting while driving has been getting plenty of attention in the media and for good reason: drivers distracted by cell phones often cause accidents in New Jersey. Of course, drivers can also become distracted while tuning the radio, or talking to other passengers. Now, state lawmakers are considering a bill that would restrict drivers from a number of other distractions including eating, drinking beverages such as coffee, reading or using electronic devices. This measure would add to state laws that already ban the use of hand-held cell phones and texting while driving.

The proposed bill, introduced by New Jersey Assemblyman John Wisniewski (D-Middlesex) and Nicholas Chiaravalloti (D-Hudson) calls for fines and possible license suspension for repeat offenders.

Do I need uninsured motorist coverage in New Jersey?

In April 2013, a Hackensack woman was seriously injured in an accident at Bergen Community College. While driving a Toyota Rav4 she was rear-ended by an Englewood man who was driving a Honda Accord. The woman's attorneys claimed she suffered permanent damage to her neck and spine, but the driver of the Honda was uninsured.

However, the woman was recently awarded $1.2 million after she filed a lawsuit against her own insurance company, Allstate.

Can you be held responsible for injuries sustained in an accident in which you were texting the driver?

You are cruising down the highway when your phone starts to ring. It is a text message so you grab your phone, even though you know you shouldn’t, and begin to read. All of a sudden a truck stops short in front of you and you rear end them. The driver tells the police that he saw you texting and driving a moment before the collision. Not only is this a crime in most states, but it also creates civil liability on your part.

When is a patient's addiction to prescription drugs grounds for a malpractice lawsuit?

According to statistics collected nationwide, deaths from drug overdoses have risen for 11 years, tripling since 1990. Most of these fatalities result from overuse of prescription painkillers.

The vast majority of these deaths -- approximately three-quarters -- are believed to have been accidental, while others were suicides or the result of undetermined causes. Many of these cases have led to Read more . . .

Must a retailer receive notice about a dangerous condition before it can be held liable in a slip and fall case?

In an appeal of a recent lawsuit against the retailer Costco, the plaintiff will get a new trial because the jury was not correctly instructed on the question of notice.

Retailers generally have an obligation to maintain their premises properly and may be held liable for injuries caused by unsafe conditions. In some cases, they must receive notice of a hazard before they can be held liable for failure to eliminate it. But in others no notice is needed. When a business's general "mode of operation" causes a hazard, however, a plaintiff may not be required to prove that the business was notified of the hazard.

A couple months ago, a gynecologist from Tenafly, New Jersey who practiced in New York City pled guilty to sexually assaulting two women he had examined. Dr. Robert Hadden admitted that he had “engaged in an act of oral sexual conduct against a patient for no valid medical purpose” and “intentionally and for no legitimate purpose forcibly touched the sexual and intimate parts of [another patient].” Hadden’s medical license has been revoked, and he must register as a sex offender, but it is still unclear whether the at least twenty women who have come forward as victims will be able to sue him in civil court for monetary damages. 

This is distressing, but it is something we see every day.

In recent years the number of bankruptcy petitions filed in the United States has reached historic levels. On primary reason for the increase in the number of debtors turning to bankruptcy is the national recession the country has been experiencing. As is often the case during an economic downturn, the real estate market has also suffered. In many markets, property values plummeted virtually overnight. The result for many debtors is that they now owe considerably more for their house than the property  is worth in the current market. The one shining star in all of this is that if you find yourself in this situation and you have a second mortgage on the property you could be able to eliminate the second mortgage through bankruptcy.