Injury Law
Medical Records, Privacy Rights and Workers’ Compensation Claims
Posted in Injury Law, Workers' Compensation
As an attorney located in New Jersey representing injured workers, I struggle with the ethical dilemma of balancing my client’s right to privacy and the workers’ compensation carrier’s right to obtain medical discovery. The injured worker’s right to confidentiality in medical treatment records is waived in part when they make… Continue reading
Link Shown Between Traumatic Brain Injury in Childhood and Behavioral Issues
Posted in Injury Law, Medical Malpractice, Stark Events, Stark News
A new study published in the September, 2014 edition of the journal “PLOS ONE”, offers further support for the existence of a connection between suffering a brain injury at a young age and a variety of serious problems, including behavioral problems. While studies have long noted a variety of long… Continue reading
Consequences of Texting and Driving the “Kulesh, Kubert and Bolis’ Law”
Posted in Injury Law, Motor Vehicle Accidents
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. Continue reading
What To Do When Personal Injury Benefits (PIP) Cut You Off From Treatment
Posted in Injury Law, Motor Vehicle Accidents
So, you’ve managed to navigate the Personal Injury Benefits (PIP) portion of your automobile insurance policy enough to obtain coverage for your medical treatment arising out of your motor vehicle accident. Continue reading
Can a Worker Collect Temporary Disability Insurance (TDI) Benefits if He/She is Injured on the Job?
Posted in Injury Law, Workers' Compensation
If you have a work-related disability, and your employer’s workers’ compensation carrier denies you benefits or stops paying your workers’ compensation benefits, you may be eligible for temporary disability benefits. Continue reading
Why Is It a Bad Idea to Select “Healthcare Primary” for Your Auto Insurance?
Posted in Injury Law, Motor Vehicle Accidents
I am involved in the process of renewing our law firm’s health insurance coverage, and in that context our broker brought our attention to this “unique to New Jersey” auto insurance option. New Jersey is the most populous state in the union, with more cars and people per capita than any other state. Given these realities, it is not surprising that New Jersey’s auto insurance rates are among the highest in the nation. Elected officials – and those seeking to be elected – often seize on the subject of reducing auto insurance costs as a popular campaign promise. Continue reading
How Are You Listed on Your Automobile Insurance Policy: Named Insured vs. Authorized Driver
Posted in Injury Law, Motor Vehicle Accidents
I cannot stress enough the importance of knowing your listed “status” on your auto insurance policy. Are you a “named insured” or are you listed as an “authorized driver”. Continue reading
Stark & Stark Attorney Obtains $250,000 Jury Verdict for Injured Home Depot Employee
Posted in Injury Law, Stark Events, Stark News, Workers' Compensation
Denise Mariani, of Stark & Stark’s Personal Injury Group, recently obtained a $250,000 jury verdict for Rosetta Martin of Trenton, New Jersey. Ms. Martin, a security guard at Home Depot, sued International Motor Freight of Newark after she was seriously injured in 2007 when a disgruntled IMF employee slammed his truck door on her right arm at the Home Depot Distribution Center in Cranbury, New Jersey. Continue reading
Binding Arbitration Instead of Trial: What are the Benefits?
Posted in Injury Law
As discussed in an earlier blog, arbitration is one method that is commonly used by the court system to try and settle a case prior to a trial. Arbitration is a short hearing or meeting of sort between the parties to a case in front of a neutral person who will ultimately render a decision. Testimony will be presented along with documents in support of and in defense of the claim. The neutral arbitrator ( usually a retired judge or a respected attorney who handles similar cases ) will review everything then make what they believe to be a fair decision to all parties based on the evidence presented. Continue reading
Parking Bumpers: The cause of serious slip & fall injuries
Posted in Injury Law
Even after tens of thousands of slip and fall injuries nationwide, some commercial property owners insist on using concrete parking bumpers (or wheel stops) in their parking lots. While these devices are intended to block the forward motion of vehicles in parking spaces and prevent accidents, they are a serious danger to pedestrians and serve as the source of countless serious orthopedic and neurologic injuries. Continue reading