Contact Us 973-993-8787

  • 2021 Law Firm American Association of Attorney Advocates - Personal Injury Law

    Law Firm American Association of Attorney Advocates
    Personal Injury Law
    2021

  • Million Dollar Advocates Forum

    Million Dollar Advocates
    Forum 2021

  • National Trial Lawyers

    National Trial Lawyers
    2021

  • National Trial Lawyers Top 100

    National Trial Lawyers
    Top 100 - 2021

  • American Association

    American Association
    For Justice 2021

  • The National Trial Lawyers Seal

    National Trial Lawyers Top 100
    Civil Plaintiff

  • AVVO Clients Choice Badge

    AVVO
    Clients Choice

  • The National Trial Lawyers Badge

    National Trial Lawyers Top 100

  • Million Dollar Advocates Forum Badge

    Million Dollar Advocates Forum

  • Multi Million Dollar Advocates Forum Badge

    Multi Million Dollar Advocates Forum

  • AVVO 10.0 Rating Badge

    AVV0 10.0 Rating

  • American Institute of Personal Injury Attorneys 10 Best of 2017 Badge

    American Institute of Personal Injury Attorneys
    10 Best 2017

  • Lawyers of Distinction 2019

    Lawyers of Distinction
    2019

Accidents Caused by Debris from Other Vehicles

by

Can You Sue Another Driver When Falling Objects Cause a Wreck?

Accidents Caused by Debris from Other VehiclesIt’s not uncommon for objects falling from the vehicle of another driver to cause a motor vehicle accident. A person may have accumulated snow or ice that limits the visibility of a trailing driver or causes the other driver to veer to avoid impact. A motorist may have an unsecured load in a trailer or a waste hauler or earth mover may deposit a shower of materials on drivers following in the same lanes. In fact, some of those companies have conspicuous signs on their vehicles advising that they won’t be liable for damages caused by falling debris. Can you file a personal injury claim for losses when an accident stems from an object falling off another vehicle? Absolutely!

Liability for Accumulated Snow and Ice

In New Jersey, there’s a law that requires motorists to remove snow and ice from a vehicle before taking it on the road. Though that’s a criminal law that can lead to fines, the courts in New Jersey have also found that the standard of care for driving a motor vehicle in snowy or icy conditions requires that you take reasonable steps to remove snow or ice from your vehicle. Failure to do so can be deemed negligence.

Falling Debris from Other Vehicles

The same standard will apply for any other falling debris that causes an accident. The court will look at the steps the driver took to prevent items from falling and posing a risk of accident, and will determine if those steps were reasonable. If they were not, the driver may be liable. Furthermore, posting a sign on a vehicle attempting to limit liability will generally have little legal effect.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all motor vehicle accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Slips and Falls on Leaf Piles in New Jersey

by

What Are the Duties of a Property Owner with Respect to Accumulated Leaves?

Slips and Falls on Leaf Piles in New JerseyIt’s that time of year, when the leaves start changing colors and falling to the ground. It’s not uncommon to encounter large piles of accumulated leaves on sidewalks, driveways and on steps or porches. What are the responsibilities of homeowners or businesses in New Jersey regarding the pileup of leaves on walkways, thoroughfares and entryways?

The Standard of Reasonable Care

In New Jersey, all commercial and residential property owners have a duty to take reasonable steps to ensure the safety of anyone legally on the premises. That duty can extend beyond owners, though, to anyone who has responsibility for maintaining the property. Accordingly, a tenant or even a property manager may have liability for injuries suffered on real property.

It’s important to understand that the duty does not require that the owner, property manager or tenant eliminate any risk of injury. There is no mandate that any potential injury be avoided. Instead, the party responsible for maintaining the premises must only take those measures that would be deemed reasonable.

The law governing personal injury does not establish a clear guideline for determining what will be considered reasonable. Instead, that assessment is made, on a case-by-case basis, by the trier of fact (typically the jury). Courts apply the doctrine of stare decisis (Latin for “let the decision stand”) to every case, requiring juries to give greater weight to prior decisions involving the same or similar fact situations, ensuring consistency in the law.

Accordingly, in the fall, a property owner will have a duty to take reasonable measures to minimize the risk of injury because of accumulated leaves. That may involve removing the leaves, warning potential visitors of the dangers, or redirecting pedestrians away from the known danger.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of slip and fall, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Recovering Compensation for a Work-Related Auto Accident

by

Identifying All Potential Sources to Cover Your Losses

Recovering Compensation for a Work-Related Auto AccidentIn New Jersey, when you’ve been hurt while in the course of your employment, you have a right to file a workers’ compensation claim to cover lost income and medical expenses. Though work comp is often referred to as an “exclusive remedy,” there are situations where may file a claim under the New Jersey workers’ compensation laws simultaneously with a civil personal injury lawsuit for damages. Such a remedy is often available when you have been injured in a work-related auto accident.

Third Party Claims and the Workers’ Compensation Laws

The New Jersey workers’ compensation laws were enacted as a “great bargain,” purportedly offering benefits to both workers and employers. For workers, the process is intended to be simpler, avoiding the time and expense of a trial, and allowing for the collection of benefits within weeks, if approved. For employers, because of the fixed benefits available under the work comp laws, the fear of exorbitant damage awards from sympathetic juries is alleviated.

However, the workers’ compensation laws are intended to be the exclusive remedy only for injuries resulting from the wrongful acts of an employer or co-worker. If your injuries were caused by an unrelated third party, such as the driver of another motor vehicle (who does not work for your employer), there is not to prohibit you from seeking damages from that driver in a personal injury lawsuit. The only limitation—you cannot recover twice for the same loss. If your medical expenses are paid through a workers’ compensation claim, you cannot recover them again in a personal injury lawsuit against the driver of the other car.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

The Effect of Prior Injury on a Workers’ Comp Claim in New Jersey

by

Can You Seek Benefits If You Aggravate an Old Injury?

The Effect of Prior Injury on a Workers Comp Claim in New JerseyIn New Jersey, when you’re hurt on the job, you have a right to pursue benefits under state workers’ compensation law. But what if the injury you suffer only happened because of an earlier work injury you suffered in the past? Or what if the new injury is an aggravation of one that you sustained outside of the workplace? Can you still pursue workers’ compensation benefits?

Recurring Injuries and Workers’ Compensation in New Jersey

There is no rule that prevents you from recovering benefits for a work-related injury involving the aggravation or re-injury of a pre-existing or prior condition, whether the injury was previously sustained in the workplace or somewhere else. However, even though you can file a new workers’ comp claim for an injury related to a pre-existing condition, you may see a reduction of the benefits paid to you, based on a prior injury.

Prior Work-Related Injuries

If you suffered a prior work-related injury, and received workers’ compensation benefits for that injury, you may or may not be able to recover full benefits for an aggravation or recurrence of that injury. If you undergo medical treatment for the initial injury and are considered fully healed by your doctor before you suffer the reinjury, you should be able to recover full benefits for the new injury. If, however, you recovered from the initial injury just enough to return to work, but you were still under the care of a doctor, your benefits may be prorated or reduced.

Prior Injuries Outside of the Workplace

If you suffered an injury in childhood, or during a leisure activity, and you aggravate that injury at work, you can expect to have your workers’ compensation claim prorated, as workers’ comp is intended to cover work-related injuries only.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of workplace accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Maximizing Your Workers’ Compensation Settlement in New Jersey

by

Things to Do to Ensure That You Get All the Benefits You Deserve

Maximizing Your Workers’ Compensation Settlement in New JerseyIf you’re hurt in a work-related accident in New Jersey, you have a right to seek benefits through a workers’compensation claim, provided you can show that you were hurt and that the injury occurred during the course of your employment. It sounds like a relatively straightforward process, but there are many obstacles to getting the compensation to which you are entitled. Here are some things you can do to help ensure that you get maximum payment for your injuries:

  • Get treated immediately—Don’t wait until a break or until your shift is over. Doing so may give the workers’ compensation insurance company or your employer cause to suggest that your injuries are not serious. Immediate treatment also ensures that you have the broadest range of treatment options.
  • Don’t wait to notify your employer—There’s no benefit to be gained by not telling your employer immediately after the injury. Waiting to report the injury may give your employer a basis for believing your injuries are not serious.
  • Hire an experienced workers’ compensation attorney as soon as possible—Your lawyer will be able to move quickly to preserve evidence and gather information about witnesses.
  • File your workers’ compensation claim as soon as you can—This ensures that you won’t lose benefits as a result of a missed deadline.
  • Assume you’re being watched—It’s common practice for workers’ compensation insurance companies to send out private detectives to observe your day-to-day activities. Don’t engage in activities that might be used as evidence that your injuries are not legitimate or not as serious as alleged.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

What Are Loss of Consortium or Companionship Damages for a Personal Injury Claim?

by

How Does the Law Define These Damages? How Are They Calculated?

What Are Loss of Consortium or Companionship Damages for a Personal Injury Claim?If you’re hurt in any type of accident in New Jersey because of the negligent acts of another person, you have the legal right to pursue compensation for your losses. Often, in a personal injury lawsuit, your attorney will ask the court to award damages for “loss of consortium or companionship.” What does that mean? What kinds of losses are covered under such a claim? How are those damages calculated?

The Types of Damages in a Personal Injury Lawsuit

The damages to which you may be entitled after a personal injury are divided into two categories:

  • Economic damages
  • Non-economic damages

Economic damages are those that are tangible and easily calculated, typically determined by looking at actual expenses you have incurred (for medical care or property loss, for example) or by the amount of lost wages or other income.

Non-economic damages, on the other hand, are designed to compensate you for losses that are intangible, typically with no numerical data to help you tally up your losses. Non-economic damages include pain and suffering, the loss of enjoyment of life, and the loss of companionship or consortium.

What Is the Loss of Companionship or Consortium?

Also known as the “loss of affection,” these damages apply when a close family member is injured in an accident. Loss of consortium damages are most often sought when a spouse or partner is injured, but they can also apply when a parent or child is injured. The damages are available when the injuries sustained make it difficult or impossible for the injured person to show affection, provide the same love and care, fulfill the same parenting roles, or continue the same intimate relationship.

How Are These Damages Calculated?

Because there are no concrete losses to assist in calculating these damages, jurors have discretion (subject to review by the court). Factors commonly considered when determining the amount of these losses are:

  • The amount of care and companionship previously provided
  • Whether the parties were in a stable and loving relationship
  • Whether the parties lived in the same house
  • The parties’ life expectancies

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Pursuing Insurance Benefits from a Rideshare Company

by

New Jersey Law Requires Rideshare Companies to Carry Adequate Insurance

Pursuing Insurance Benefits from a Rideshare CompanyUnder New Jersey’s “no-fault” approach to motor vehicle insurance, when you’re injured in a motor vehicle accident, whether as a driver or passenger, you usually must pursue benefits first through your own personal injury protection (PIP) policy. If your losses exceed the policy limits of your PIP coverage, you may be able to recover more than the policy limit, based on the type of policy you have. Some policies have “no limitation on lawsuit” and generally cover all injuries sustained in an accident. Others have a “verbal threshold,” which allows you to recover losses above your PIP policy limits, but only if you can show:

  • Permanent injuries or fractures,
  • Loss of a body part,
  • Significant scarring or disfigurement,
  • Loss of a fetus, or
  • Death.

Those rules apply equally to rideshare accidents. Passengers involved must first seek benefits under their own PIP policies. Until 2017, though, there was little benefit in pursuing any claim against a rideshare company for losses that exceeded your PIP coverage, as most rideshare companies carried basic insurance coverage on drivers only. As of 2017, however, New Jersey law requires Uber, Lyft, and other rideshare companies to secure insurance coverage for passengers injured in situations where the rideshare driver is at fault or the rideshare driver does not have insurance to cover all the injured passenger’s losses. Those policies must have a minimum policy limit of $1.5 million.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Expert Witness Testimony in Car Accident Cases

by

What Kinds of Experts Might You Need? How Can They Help You?

Expert Witness Testimony in Car Accident CasesIn the aftermath of a motor vehicle accident, as you try to recover full and fair compensation for your losses, the services of an expert witness are critical. In some cases, it is easy to prove liability—the at-fault party might admit to negligence, or there may be a number of witnesses who agree about what they saw. But often, different parties with different vantage points tell different stories, based on what was visible from their location. In addition, other elements of your claim—the details of medical or financial losses, for example—may not be so straightforward. That’s when the services of an expert witness are critical.

What Types of Witnesses Are Commonly Used for Motor Vehicle Accident Claims?

When you suffer injuries in a car wreck, the two most important things you must show are:

  • What caused the accident, and who was responsible
  • What losses you suffered because of the accident

A common method for establishing the cause of a motor vehicle accident is to have an accident reconstruction specialist review all the evidence and prepare an assessment. This specialist identifies all vehicles involved, determines their respective rates of speed, and ascertains who was at fault, using scientific analysis and engineering principles. Accident reconstruction specialists typically use computer modeling or simulations, crash tests, and other procedures to make their findings.

To accurately calculate the full measure of your losses after an accident, your attorney may bring in a medical expert and/or financial expert. The medical expert, usually a doctor, testifies regarding the type, cause, and anticipated consequences of your injuries, including the care you’ll require moving forward. The financial expert typically runs projections of future losses, such as unearned income and unreimbursed medical expenses.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Damages for Pain and Suffering After a Car Accident

by

What Constitutes Pain and Suffering?

Damages for Pain and Suffering After a Car AccidentWhen you’re hurt in a car, truck, or motorcycle accident caused by the negligence of another person, you have the right to seek full and fair compensation for all your losses. Some of those damages, generally referred to as “economic damages,” are easy to identify and calculate—lost wages and income or unreimbursed medical expenses, for example. Other so-called “non-economic” damages are less tangible and more difficult to determine. These include pain and suffering, loss of companionship or consortium, or the inability to do things you were able to do before the accident. In this blog, we’ll look at compensation for “pain and suffering”—what it is and how courts compute it.

What Is Pain and Suffering?

“Pain and suffering” generally falls into two categories—physical pain and suffering, and mental pain and suffering (also referred to as “mental anguish”). Physical pain and suffering refers to any biological discomfort or pain resulting from physical injuries sustained in an accident, including past and anticipated physical discomfort.

Mental pain or anguish is any suffering caused by the physical injury:

  • depression tied to loss of enjoyment of life or loss of consortium or companionship;
  • anxiety or fear of similar situations (for example, fear of getting in a car again after you’re hurt in a motor vehicle accident);
  • self-consciousness, humiliation, self-deprecation, or other negative feelings or emotions because of permanent scarring or disfigurement, amputation, or other permanent injuries; and
  • loss of appetite, mood swings, loss of energy, or changes in sleep patterns caused by the accident.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Recovering Compensation for a Work-Related Car-Accident Injury

by

How the Legal Process Works | Your Rights and Restrictions

Recovering Compensation for a Work-Related Car-Accident InjuryAccording to the Bureau of Labor Statistics, more than one of every three motor vehicle accidents in the United States (about 40%) are work-related. Under New Jersey law, if you’re hurt and can prove that the injury was incurred in the course of your employment, you have a right to pursue workers’ compensation benefits for lost wages and medical expenses. How does that work? Are you limited to the benefits provided through workers’ comp?

The Workers’ Compensation Process

In New Jersey, workers’ compensation is essentially a “no-fault” system, which means you don’t have to show that another party was negligent. You need to show only that you were injured and that the injury was work-related.

When you’re hurt in an automobile accident, the first thing you should do is seek medical treatment. Once you receive the care you need, you should notify your employer of your injury as soon as possible. It’s not required, but it’s in your best interest to provide notice in writing. An experienced attorney will understand what needs to be done, so it’s always a smart move to hire a lawyer as soon as possible.

Once you provide notice, your employer must file a “First Report of Injury” form with the New Jersey Division of Workers’ Compensation within 21 days. Your employer and the workers’ compensation insurance company will then investigate your claim and decide whether to accept it. If it is accepted, you should start to receive benefits within a few weeks. If your claim is rejected, you have a right to appeal.

Third-Party Claims

New Jersey workers’ compensation law provides a means of recovering the costs of injuries caused by your employer or a coworker. If the at-fault driver is an unrelated third party, you may also be able to file a personal injury lawsuit in court. A civil lawsuit can be filed simultaneously with a workers’ compensation claim, but you cannot recover twice for the same losses. If workers’ comp pays all your medical bills, you cannot recover medical expenses in a civil lawsuit.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident on the job, contact our office online or call 973-993-8787 to set up anappointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

© 2021 Howard Popper Law. All Rights Reserved.
CONCEPT, DESIGN, & HOSTING BY GETLEGAL.COM'S WEB SERVICES TEAM.
Sitemap | Terms of Use | Privacy Policy