Blog of the Law Office of Howard D. Popper, P.C.

Recovering Compensation for a Work-Related Auto Accident

September 9, 2021 by Howard Popper

Identifying All Potential Sources to Cover Your Losses

In New Jersey, when you’re hurt in the course of your employment, you have a right to file a workers’ compensation claim to cover lost income and medical expenses. Though workers’ comp is often referred to as an “exclusive remedy,” there are situations where you can also simultaneously file a civil personal injury lawsuit for damages. Such a remedy may be available if you’re injured in a work-related auto accident.

Third Party Claims and Workers’ Compensation Laws

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 avoid the time and expense of a trial and allow for the collection of benefits within weeks. For employers, the fixed benefits available under workers’ comp laws alleviates the fear of exorbitant damage awards from sympathetic juries.

However, workers’ compensation law is intended to be the exclusive remedy only for injuries resulting from the wrongful acts of an employer or coworker. If your injuries are caused by an unrelated third party, such as the driver of another motor vehicle (who does not work for your employer), nothing prohibits you from seeking damages from that driver in a personal injury lawsuit. The only limitation is that you cannot recover twice for the same loss. For example, 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 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-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

September 1, 2021 by Howard Popper

Can You Seek Benefits If You Aggravate an Old Injury?

In 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

August 26, 2021 by Howard Popper

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

If 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?

August 18, 2021 by Howard Popper

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

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

August 17, 2021 by Howard Popper

New Jersey Law Requires Rideshare Companies to Carry Adequate Insurance

Under 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

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

August 10, 2021 by Howard Popper

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

In 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

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

July 20, 2021 by Howard Popper

What Constitutes Pain and Suffering?

When 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

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

July 9, 2021 by Howard Popper

How the Legal Process Works | Your Rights and Restrictions

According 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.

Your Right to Compensation After a Hit-and-Run Accident

July 7, 2021 by Howard Popper

Can You Get Damages If You Can’t Identify the Driver? What Sources of Compensation Are Available?

After a motor vehicle accident, one of the first things you want to do is get contact and insurance information from the at-fault driver. What if you’re injured by a hit-and-run driver, though? Are you without recourse to cover your losses? Not necessarily. Here are some other potential sources of compensation after a hit-and-run accident.

Your Own Insurance Company

As New Jersey adheres to a “no-fault” approach for car insurance, your initial claim is filed with your own insurer, which typically pays your claim (according to policy limits) and then seeks reimbursement from the at-fault driver’s insurer. If, however, you cannot identify who caused the accident, your insurer may still provide some level of compensation under your policy’s uninsured and underinsured motorists (UM/UIM) coverage provisions. Unlike most states, UM/UIM coverage is mandatory in New Jersey. The cost of UM/UIM is negligible compared to the coverage provided, but it’s important to make certain that your UM/UIM coverage limits are equal to the liability limits of your policy—never lower.

The Victims of Crime Compensation Office

A person injured in a hit-and-run accident may apply to the New Jersey Victims of Crime Compensation Office for up to $25,000 to cover vehicle damage, medical expenses, and physical and emotional therapy costs. You must file a police report within nine months and must file your claim with the state within three years.

Third Parties

You can recover damages from any party that can be shown in court to have engaged in negligence, or unreasonable behavior, that caused the accident and your losses. Other entities that may have liability include:

The designer, manufacturer, wholesaler, or retailer of a dangerous or defective product that caused the accident; and
The municipal agency or entity responsible for maintaining the roads, if your accident was caused by malfunctioning traffic lights, missing street signs, or other defects in the roadway.

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 hit-and-run 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.

Happy 4th of July 2021

July 3, 2021 by Howard Popper

Our Verdicts And Settlements

$760,000 settlement for a woman injured in a rear-end collision.

Law Firm American Association of Attorney Advocates Personal Injury Law 2021

Million Dollar Advocates Forum 2021

National Trial Lawyers 2021

National Trial Lawyers Top 100 - 2021

American Association For Justice 2021

National Trial Lawyers Top 100 Civil Plaintiff

AVVO Clients Choice

National Trial Lawyers Top 100

Million Dollar Advocates Forum

Multi Million Dollar Advocates Forum

AVV0 10.0 Rating

American Institute of Personal Injury Attorneys 10 Best 2017

Lawyers of Distinction 2019

Identifying All Potential Sources to Cover Your Losses

Third Party Claims and Workers’ Compensation Laws

Contact the Law Office of Howard D. Popper

Can You Seek Benefits If You Aggravate an Old Injury?

Recurring Injuries and Workers’ Compensation in New Jersey

Prior Work-Related Injuries

Prior Injuries Outside of the Workplace

Contact the Law Office of Howard D. Popper

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

Contact the Law Office of Howard D. Popper

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

The Types of Damages in a Personal Injury Lawsuit

What Is the Loss of Companionship or Consortium?

How Are These Damages Calculated?

Contact the Law Office of Howard D. Popper

New Jersey Law Requires Rideshare Companies to Carry Adequate Insurance

Contact the Law Office of Howard D. Popper

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

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

Contact the Law Office of Howard D. Popper

What Constitutes Pain and Suffering?

What Is Pain and Suffering?

Contact the Law Office of Howard D. Popper

How the Legal Process Works | Your Rights and Restrictions

The Workers’ Compensation Process

Third-Party Claims

Contact the Law Office of Howard D. Popper

Can You Get Damages If You Can’t Identify the Driver? What Sources of Compensation Are Available?

Your Own Insurance Company

The Victims of Crime Compensation Office

Third Parties

Contact the Law Office of Howard D. Popper

Morristown Office

Newton Office

Law Firm American Association of Attorney Advocates
Personal Injury Law
2021

Million Dollar Advocates
Forum 2021

National Trial Lawyers
2021

National Trial Lawyers
Top 100 - 2021

American Association
For Justice 2021

National Trial Lawyers Top 100
Civil Plaintiff

AVVO
Clients Choice

American Institute of Personal Injury Attorneys
10 Best 2017

Lawyers of Distinction
2019