Wrongful Death and Nursing Home Neglect in New Jersey During the COVID Pandemic
Can You Seek Damages for the Loss of a Loved One?
Residents in nursing homes and assisted-care facilities have been hit particularly hard by the coronavirus, with approximately 40% (about 100,000) of the deaths nationally in that demographic. Reports have surfaced of nursing homes operating in the first months of the pandemic with little or no regard for social distancing, mask etiquette, or other public health safety recommendations. If you have a loved one who contracted the virus and died while in a nursing home in New Jersey, and you can show that the nursing home did not take appropriate safety precautions, can you file a wrongful death lawsuit to hold them accountable? Probably not.
In August, the New Jersey legislature passed, and Governor Phil Murphy signed, a bill granting broad immunity to nursing homes for claims arising out of the COVID-19 pandemic. The law does not prevent legal action but makes success difficult by providing immunity where nursing homes can show they “acted in good faith.” Under the statute, such nursing homes are absolved of both criminal and civil liability.
Critics acknowledge that many nursing homes acted in good faith but were hampered by limited access to necessary equipment, including respirators, masks, and sanitizer. They contend, however, that many nursing homes simply didn’t want to take the time or incur the expense of enacting appropriate safety measures.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after the wrongful death of a loved one, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all wrongful death claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
What You Need to Prove in a Product Liability Claim
The Element of a Defective Product Case
There’s a common misperception that because a product is on the shelves, adequate safety testing has been done to ensure that it doesn’t pose an unreasonable risk of injury to consumers. For a variety of reasons, that’s not always the case. If you have been hurt because of exposure to or while using a consumer product, you have the right to bring legal action to recover for your losses. Here’s what you’ll need to prove in court.
You Must Show You Were Injured or Suffered Some Kind of Loss
You don’t have a claim simply because a product was defective or posed a risk of injury. You must have sustained an actual injury or loss. For example, if the brakes on your car are defective, but you discover it before you turn on the car, there’s no injury. Likewise, if a product malfunctions and almost causes injury, you don’t have a claim.
You Must Show the Product Was Defective
There are three types of product defects: manufacturing defects, design defects, and marketing defects. A manufacturing defect relates to the fabrication, construction, assembly, or making of a product. A design defect refers only to the way a product is configured. Marketing defects usually involve a failure to provide adequate warnings on product packaging.
You Must Show the Product Defect Caused Your Injury or Loss
There are two types of cause that must be shown—actual cause and proximate cause. Actual cause requires you to show that, but for the defect, you would not have sustained an injury. Proximate cause requires that the consequences of the defect were reasonably foreseeable.
You Must Show You Were Using the Product As Intended
Using a product for a purpose, or in a way, other than as stated in the packaging, or reasonably expected, won’t necessarily prohibit you from recovering for injuries suffered. However, unless your nonconforming use of the product was “reasonably foreseeable” by the manufacturer, designer, or other responsible party, you’re unlikely to have a successful claim.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after the wrongful death of a loved one, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.
We handle all product liability claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
A Safe Halloween is A Happy Halloween!
When an Incompetent Driver Causes an Accident While Using Your Car
Liability for Negligent Entrustment of Your Vehicle
Though most motor vehicle accident lawsuits seek compensation from the at-fault driver, there are situations where a person may have liability without being behind the wheel. Some of the more common situations include:
- Accidents caused by an employee in the course of their duties (the employer may be liable)
- Accidents caused by inexperienced teenagers (the parents may be liable)
- Accidents resulting from product defects in a motor vehicle (the designer, manufacturer or seller may be liable)
There’s also a legal concept known as “negligent entrustment,” which can make the owner of a motor vehicle legally responsible for accidents caused by someone who borrows the car. Under this theory, if you allow an incompetent, reckless, or unfit driver to operate your motor vehicle, and the person causes a wreck, you might be liable. The injured party must demonstrate to the court that you either knew, or should have known, that you were loaning your car to an incompetent driver.
When Is a Driver Deemed Incompetent, Reckless, or Unfit to Operate a Motor Vehicle?
There are a wide range of situations where a jury might find that you negligently entrusted your vehicle to another person:
- Where you knew or should have known the person was impaired by drugs or alcohol
- Where you knew or should have known the person lacked the requisite skills to competently drive a car; for example, the at-fault driver was underage, had no driver’s license, had no instruction in operating a motor vehicle, or was driving with only a learner’s permit
- Where you knew the person lacked requisite skills because of advanced age or health issues
- Where you knew the person had some type of illness or injury that could prevent the safe operation of a vehicle
- Where you knew the driver had a prior history of reckless driving
Contact the Law Office of Howard D. Popper
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. Currently, all our client communications are by phone, text message, or videoconference.
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.
New Jersey State Police Offer Hotline for Reporting Aggressive Driving
Studies Show Aggressive Driving a Major Cause of Accidents
If you’ve been behind the wheel of a car in New Jersey, it’s likely you’ve encountered an aggressive driver. The New Jersey Department of Law and Public Safety warns that aggressive driving is “an epidemic,” noting that it’s a particular problem in New Jersey, as the Garden State is the most densely populated state in the nation. Furthermore, the National Highway Traffic Safety Administration (NHTSA) estimates that one of every three accidents involves an excessive level of speed, and two of every three fatal car crashes are the result of speeding.
In response to rising concerns about aggressive driving and so-called “road rage,” the New Jersey legislature enacted a law in 2012 creating specific penalties for aggressive driving. The New Jersey State Police also offer a hotline for motorists to call when they observe aggressive and unsafe driving. Simply dial #77 from any phone to be put in contact with a dispatcher who can send an officer to the scene.
Authorities offer recommendations to minimize the risk of aggressive driving:
- Plan and schedule properly—Many people resort to overly aggressive driving because they’re running late for an appointment, work, or other event. Give yourself enough time to get where you need to be.
- Avoid provocations—People are going to behave badly on the roads. If you respond in kind, the situation can escalate, and you may end up causing a serious accident. It’s best to focus on your own driving, being certain to take appropriate measures to maximize your safety and the safety of others on the road.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motorcycle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motorcycle-accident-injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
The Impact of an Insurance Settlement on a Personal Injury Lawsuit
Can You Seek Damages in Court After Receiving an Insurance Payout?
When you’re hurt in an accident caused by the negligence of another person, one of your first responses might be to contact your insurance provider and file a claim. Though it’s common for insurance companies to delay, deny, or try to diminish a claim, suppose they pay you the full amount due to you under the policy. Does that impact your ability to pursue damages from the at-fault party? It depends.
To recover compensation for personal injury, you must show that you suffered actual losses. If your medical bills or property losses are covered by insurance, they are not considered “actual losses.” In essence, you cannot recover for the same loss twice.
However, if you incur any losses that are not covered by insurance, or if your losses exceed the limits of your insurance coverage, you still have the right to seek damages in a personal injury action in civil court. For example, if your insurance policy provides a maximum payout of $250,000 in a motor vehicle accident, and you have losses of $500,000, you can file a lawsuit seeking the additional $250,000.Furthermore, if your insurance policy doesn’t cover the costs of rehab or physical therapy, and you need such treatment to maximize your recovery, then you can sue the defendant to pay for those expenses.
As a practical matter, even though you may have a valid claim against an individual defendant, it may be difficult or impossible to recover compensation unless the defendant has deep pockets. In those situations, you want an experienced attorney who might be able to identify other potentially responsible parties.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motorcycle accident, contact our office online or call 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motorcycle accident injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Your Options After a Motor Vehicle Accident—Settlement vs. Trial
In New Jersey, as in all states, when you suffer injury in a car accident because of the negligence of another person, you have a right to bring a legal claim to recover damages for lost wages and income, medical expenses not covered by your insurance, physical pain and suffering, loss of consortium or companionship, and loss of enjoyment of life. To succeed in litigation, you’ll need to prove the defendant(person being sued) caused the accident by acting unreasonably.
The trial process can be grueling and fraught with peril. Accordingly, one of the first considerations is whether to settle your claim. Settlement has some obvious advantages:
- You’re certain to receive something—Without settlement, there’s always the risk that the court will dismiss your claim or the jury will award minimal damages.
- You’ll receive compensation much sooner—There’s no specific timetable for how long it might take if your case goes to trial, but pre-trial discovery and motions often drag out litigation for months or even years.
- You won’t have to worry about an appeal—Even if you win at trial, the defendant may appeal the decision to be reviewed by a higher court. You won’t see any compensation until all appeals are resolved.
In situations where liability is clear-cut, the defendant may agree to settle in order to avoid the cost of litigation, but most defendants settle so they can limit their potential liability. Accordingly, it’s fairly common for a defendant to settle early on to avoid going to trial.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Motorcycle Accidents in New Jersey
Can You Still Recover Damages If You Weren’t Wearing a Helmet?
Under New Jersey law, both motorcycle operators and passengers are required to wear an approved helmet when on the road. Does that mean that you can’t seek compensation for your injuries if you weren’t wearing a helmet at the time of a crash? Not necessarily. Here’s how it works.
With motorcycle accident injuries, as with personal injuries in general, almost all damage claims are based on a legal theory of negligence, which requires the injured person to show the following:
- Another person failed to act as a reasonable person;
- Their failure to act reasonably caused an accident; and
- The accident resulted in injuries and losses.
Accordingly, if you are injured in a motorcycle accident because another motorist ran a red light or illegally turned into your right of way, you can file a lawsuit to recover compensation for lost wages, unreimbursed medical expenses, loss of companionship or consortium, loss of enjoyment of life, or physical pain and suffering. However, if you contributed to the factors that caused the accident, or if you did something that contributed to the extent of your injuries, the legal doctrine of comparative negligence applies.
Under the principle of comparative negligence, the court first determines the full amount of your losses, as well as the degree to which you contributed to them (typically stated as a percentage). For example, the court may find that you suffered $100,000 in damages, but that your failure to wear a helmet caused 25% of your injuries. The court then reduces your damage award by the percentage of your liability. In our example, you would recover $75,000 after the reduction. In NewJersey, as in many states, if you are more than 50% responsible for your losses, you may not recover anything.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Who Is Responsible for an Accident When Both Drivers Are Headed in the Same Direction?
Determining Liability in Merging Accidents
When we think of motor vehicle accidents, we typically imagine rear-end crashes (the most common), T-bones, or head-on collisions. But the National Highway traffic safety Administration reports that more than 500,000 accidents—about 10% of all annual wrecks—are the result of illegal or careless lane changing or merging. It’s usually relatively simple to determine who caused a rear-ender, T-bone, or a head-on collision, but establishing fault in a merging accident can be more complicated.
To determine liability, courts and juries apply the principles of negligence. Under the legal theory of negligence, every driver has the duty to use reasonable care when operating a motor vehicle. Accordingly, a person merging onto a highway must act as a reasonable person would.
But when a driver is merging, what is considered reasonable conduct? Unfortunately, the laws do not specifically identify what is reasonable and what is not. Reasonableness is determined by the jury, who ask what an “average person of ordinary prudence” would do in a similar situation and decide whether the parties followed that standard.
Note that the jury can look at the conduct of all parties to a merging accident to determine potential liability. With respect to the merging driver, the jury may consider whether:
- The driver looked before entering the highway;
- The driver entered the highway at too high a rate of speed;
- The drive entered the highway at too slow a rate of speed;
- The driver failed to take road conditions into consideration—construction or weather conditions, for example; or
- The driver was distracted by a handheld device or other factor.
The jury also can look at the response of the motorist already on the road:
- Did that motorist accelerate to prevent the other party from merging?
- Did that motorist have a reasonable opportunity to decelerate or change lanes to avoid the accident?
- Was that motorist distracted, preventing him from taking reasonable evasive action?
In conclusion, either party (or both parties) to a merging accident may be liable, based on whether or not their actions meet the standard of care.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or 973-993-8787 to set up anappointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all motor vehicle accident claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
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