Contact Us 973-993-8787

  • 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

Can You Still Get Compensation for Motorcycle Accident Injuries If You Weren’t Wearing a Helmet?

by

The Impact of New Jersey’s Modified Comparative Negligence Law

Can You Still Get Compensation for Motorcycle Accident Injuries If You Weren’t Wearing a Helmet?Under New Jersey law, anyone riding a motorcycle must wear a helmet while the bike is on the road. You can be ticketed for failure to do so, but what is the potential impact of not wearing a helmet on a personal injury claim? Suppose another motorist wrongfully turns into your path and causes you injury, but you aren’t wearing a helmet? Will you be unable to recover for your losses?

Comparative Negligence in New Jersey

In New Jersey, as in other states, when both parties have some degree of responsibility for the injuries sustained in a motor vehicle accident, the legal concept of comparative negligence applies. Under the principle of comparative negligence, the court first calculates the full amount of your injuries and losses. The court then determines the extent to which your own actions contributed to your losses and assigns you a percentage of the fault. In a motorcycle accident, if you weren’t wearing a helmet, it’s likely the court will conclude that your failure to comply with New Jersey’s helmet law contributed to your injuries, particularly if you have head trauma.

Under New Jersey’s “modified comparative negligence” statute, if the court finds that you were more than 50% responsible for your injuries, you cannot recover anything at all.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights in a claim involving 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, and online videoconference.

We handle all nursing home neglect claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Nursing Home Neglect during the COVID-19 Pandemic

by

The Legal Duties of Nursing Home and Assisted Living Facility Operators

Nursing Home Neglect during the COVID-19 PandemicThe federal government recently reported that it believes about one of every four nursing homes in America—that’s more than 15,000 facilities—has been directly affected by the coronavirus pandemic. Medical rights advocates say that nearly 50% of all COVID-19 related deaths have been nursing home residents. Federal officials say that, even though nursing homes are required to report all suspected instances of infectious disease to state and local regulators, many have not.

When Can a Nursing Home or Assisted Living Facility Be Legally Responsible for the Consequences of Infectious Disease?

When your loved one goes into a nursing home or assisted living facility, you expect that they’ll get good care and proper attention. When that doesn’t happen, and there’s illness, injury, or death, the available legal claims are typically based on negligence. To prove a claim of negligence, you must show that the nursing home failed to meet the proper standard of care. You also must show that the failure to meet that standard caused injury, illness, or death.

The Standard of Care in a Nursing Home Neglect Case

In a nursing home neglect claim, as in all legal actions based on negligence, you must prove to the jury that the defendant (at-fault person or entity) failed to act as a reasonable person would under the circumstances. There is no codified law that identifies the specific actions required; rather, juries determine, on a case-by-case basis, what is reasonable. A jury does not, however, have the latitude to establish its own standard of care but must follow the legal concept of stare decisis (“let the decision stand”), which requires a jury to give considerable weight to prior court rulings on similar issues.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights in a claim involving nursing home neglect or abuse, 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 nursing home neglect claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Potential Sources of Recovery after a Motor Vehicle Accident in New Jersey

by

The Different Parties from Whom You May Be Able to Recover

Potential Sources of Recovery after a Motor Vehicle Accident in New JerseyWhen you’re hurt in an auto, truck, or motorcycle accident in New Jersey, you typically turn to your insurance provider to recover for your losses—that’s how New Jersey’s “no-fault” auto insurance laws operate. You purchase personal injury protection (PIP) coverage, which allows you to recover a specified level of compensation without the need to prove liability in a court of law. In some situations, the amount provided under your policy is sufficient to cover your losses. But what if it’s not?

Other Potential Sources of Recovery After a Car Accident

If you exhaust all the benefits available under your policy but still have not covered all your losses, you may be able to pursue compensation directly from the at-fault party or their insurance provider. If the at-fault party had inadequate insurance, or no insurance, you may be able to look to your insurer for additional compensation, provided you had a provision in your insurance policy that covered uninsured or under-insured motorists. Such a provision usually is not included among the standard policy terms but often is sold as a rider to the policy.

In the absence of such a provision, you may look for other potentially liable parties:

  • If your accident was caused by a drunk driver, there may be liability on the part of a bar, tavern, liquor store, or other party who provided alcohol to the intoxicated person.
  • Manufacturers, distributors, and designers of defective vehicles or vehicle parts may be liable under product liability laws.
  • Municipalities or municipal agencies can be liable if your accident was the result of poor maintenance of roadways or roadway defects.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, 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, and online videoconference.

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

Can You Recover Damages When Someone Runs You Off the Road?

by

Does There Need to Be a Collision for You to Have a Claim for Injury or Loss?

Can You Recover Damages When Someone Runs You Off the Road?It happens more than you would think. You’re on the highway, passing another vehicle, when the driver veers into your lane and doesn’t see you because you’re in his blind spot. Or a driver fails to look both ways before making a turn and crosses into your path. What happens if you take evasive action in such circumstances and manage to avoid a collision but end up crashing into a ditch, telephone pole, or other object? Does there have to be contact with another vehicle for you to have a personal injury claim?

Fortunately, the answer is no. Motor vehicle accident claims, like other personal injury lawsuits, are usually based on the legal principle of negligence. You don’t need to show impact, only negligence on the part of the other driver.

What Constitutes Negligence?

The law assumes that every person in society has a duty to exercise reasonable care at all times, including while operating a motor vehicle. To succeed in a lawsuit alleging negligence, you first must show that the defendant (the person from whom you seek compensation) failed to meet the standard of care. That standard is not written into law anywhere but is determined by the jury. Ultimately, the jury looks at the actions of the defendant and decides whether they were reasonable.

Once you’ve shown that defendant breached the duty of care, you must demonstrate that the failure to act reasonably caused the accident and that you suffered actual damages as a result.

In a motor vehicle accident case where there was no collision, the court will determine whether the actions of the defendant (e.g., the failure to look before changing lanes or making a turn) rose to the level of negligence. It won’t matter that there was no impact.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after a 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 online videoconference.

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

Who’s Responsible for a Rear-End Collision?

by

Is It Always the Driver in the Back?

Who's Responsible for a Rear-End CollisionStatistics confirm that one of every three car accidents in the country are rear-enders. There are a wide variety of causes, including excessive speed, distracted driving, mechanical failure, and fatigue. A common misperception is that the personin the rear car is always responsible. But is that really the case? If not, what are the situations where liability may differ?

Determining the Basis for Liability

When you’re seeking compensation for a personal injury, it’s almost always based on a legal theory of negligence. Negligence requires that you show three things:

  • You must show a breach of duty—Under the laws governing personal injury, every person in society has a duty to engage in reasonable behavior atall times and with respect to all actions—driving a car included. A person will be considered negligent only if it can be shown that his or her actions were not reasonable under the circumstances.
  • You must establish cause—The accident must have been the result of the other driver’s failure to act reasonably.
  • You must demonstrate actual loss—As a consequence of the accident, the injured party must have lost something of value.

As a general rule, it’s reasonable to expect that a person behind the wheel of a car to focus their attention on the road ahead. Accordingly, if you rear-end someone because you aren’t paying attention—whether because of fatigue or distraction—you can be held liable. Likewise, if you’re traveling at a speed that makes it impossible to stop in time, that can be considered negligence.

When the Following Driver May Not Be Liable

Though it’s rare for the driver in the rear to escape liability, it does happen in certain circumstances:

  • The front vehicle is stopped in the road without any hazard lights on.
  • The driver in front is moving in reverse at the time of the crash.
  • The driver in front brakes but has non-functioning brake lights or lights that are obscured by snow or other substances.
  • The driver in the rear has a vehicle malfunction, in which case liability may bewith the vehicle manufacturer or a garage that serviced the vehicle.

Contact the Law Office of Howard D. Popper

For a free initial consultation to learn about your rights after, 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 motor vehicle accident claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Motor Vehicle Accidents Involving Cell Phone Use by Drivers

by

Can You Be Liable Simply Because You Were on Your Phone at the Time of the Crash?

Motor Vehicle Accidents Involving Cell Phone Use by DriversIt seems like everyone does it—you’d be hard-pressed to find a motorist who doesn’t talk on a cell phone while driving. It happens a lot even in states like New Jersey, where drivers are prohibited by law from using any handheld device, including a cell phone, while driving. Can you be held liable for a motor vehicle accident based solely on the fact that you were using a mobile phone at the time of the crash?

Liability for Personal Injury in New Jersey

Most personal injury claims in New Jersey are based on a legal theory of negligence.(We noted in a previous blog that dog bites are one of the exceptions.) When you bring a legal claim for negligence, you must show three things:

  • The defendant did not act reasonably;
  • The failure to act reasonably caused an accident; and
  • As a result of the accident, you suffered an actual loss.

Applying this standard to a motor vehicle accident where one of the parties was using a handheld phone at the time of the crash, the jury would go through the following analysis:

  • Was it unreasonable for the person to be driving and using a handheld device at the same time? The fact that doing so in New Jersey is against the law would be compelling evidence that it is unreasonable.
  • Was the use of the handheld phone the cause of the accident? Here, the analysis would be two-fold. First, would the accident have occurred if the driver had not been on the phone? Second, was it reasonably foreseeable that driving while talking on the phone might lead to an accident?
  • Did the plaintiff suffer actual losses? Were the losses covered by insurance? Were there any physical injuries? Did any property lose value because of the crash?

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss any personal injury claim, 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.

Liability for Dog Bites in New Jersey

by

Your Rights When an Unleashed Dog Attacks You

Liability for Dog Bites on Public Property in New JerseyIt’s a different world we live in right now, with many folks either working from home or laid off due to shelter-in-place precautions. To avoid cabin fever, many Americans are taking the opportunity to get outside by going on walks in the neighborhood. When you’re out stretching your legs, it’s not uncommon to encounter man’s best friend. What happens if you’re walking down a road or public sidewalk and a dog bites or otherwise attacks you? In terms of liability, is it any different from an attack that takes place on private property?

New Jersey’s Strict Liability Dog Bite Law

Like many states, New Jersey applies the legal concept of “strict liability” to dog bites. With strict liability laws, an injured person does not need to show that the wrongdoer was negligent or careless. Accordingly, in New Jersey, a person bitten by a dog does not need to show that the owner knew or had reason to know that the dog would be aggressive. So, if you are bitten on public property in New Jersey, you can seek damages without having to prove that the owner had prior knowledge of the dog’s aggressive behavior.

The canine’s owner is responsible for any losses caused by a dog bite as long as it can be proven that they owned the dog and the victim was either on public property or legally on private property. A trespasser typically will not be able to recover compensation for injuries caused by a dog bite.

It’s also important to understand that the concept of strict liability applies only to dog bites. If you are knocked down, scratched, or otherwise injured—but not bitten—you will need to prove negligence.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss any personal injury claim, contact our office online or call 973-993-8787. Our offices in Morristown and Newton are closed, but we are available to answer questions and meet with you by phone or videoconference.

We handle all medical malpractice claims on a contingency basis. You won’t pay anyattorney fees unless we recover damages for your losses.

Common Causes of Falls in Nursing Homes

by

Falls Found to Be a Frequent Cause of Nursing Home Injury

Common Causes of Falls in Nursing HomesThe statistics are staggering—

  • More than half of all nursing home patients in America suffer a fall each year, and the average nursing home resident falls nearly three times a year
  • Deaths from falls account for about one in every five fatalities involving elder Americans
  • About one in three nursing home patients who are injured in falls are bed-bound
  • Approximately 5% of nursing home residents who suffer a fall end up with broken bones

The Common Causes of Nursing Home Falls

There are many factors that can lead to a fall by a nursing home resident:

  • Many seniors have lost muscle strength and have difficulty walking without assistance. Nonetheless, they are allowed to move around unsupervised. Falls caused by muscle weakness account for about one of every four nursing home falls.
  • The hallways and other areas in nursing homes are usually full of equipment that may potentially lead to a fall, including wheelchairs, food carts and other devices
  • Environmental hazards can contribute to conditions that cause falls. That may involve bad lighting, wet or slippery floors, wheelchair issues and beds that are either too high or don’t have proper restraints.
  • Medications that affect balance or make residents sleepy or listless can lead to falls
  • Lack of supervision, failure to properly install restraints, and carelessness in maintaining or setting up walkers may all increase the risk of a fall

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss any personal injury claim, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton, but can also meet with you in your home or the hospital.

We handle all medical malpractice claims on a contingency basis. You won’t pay any attorney fees unless we recover damages for your losses.

Proving Misdiagnosis or Failure to Diagnose in a Medical Malpractice Case

by

What You Must Show to Recover Damages

Proving Misdiagnosis or Failure to Diagnose in a Medical Malpractice CaseWhen you seek medical treatment for an injury or illness, you expect medical professionals to make reasonable efforts to determine the cause of your condition so you can take the right steps toward physical recovery. Unfortunately, there are many misdiagnoses every year. A 2017 study found as many as 12 million Americans received incorrect or incomplete diagnoses the previous year.

Due to the difficulties associated with diagnostic medicine, it can be challenging to determine the precise causes and nature of an illness. As a consequence, a mistake in diagnosis alone typically does not provide sufficient basis for legal action to recover damages. Instead, you must show that the doctor’s actions failed to meet the standard of care expected within the profession.

In other claims involving negligence, such as slip-and-falls and motor vehicle accidents, the standard of care is what an average person of ordinary prudence would do. In a medical malpractice claim, however, the standard of care is higher. A judge and/or jury must look at the actions taken by the medical professional and determine whether they meet the following criteria:

  • The care expected of a reasonably competent medical professional,
  • With similar training and experience,
  • Practicing in the same geographic area.

Negligence and Diagnostic Errors

In general, when attempting to diagnose an illness or injury, medical professionals use the differential diagnosis process, which involves compiling a prioritized list of suspected conditions based on symptoms. To demonstrate negligence in the diagnosis of an illness or injury, a claimant customarily must show the following:

  • The doctor was negligent in failing to include the actual condition on the differential diagnosis list; and
  • The doctor considered the actual condition but failed to administer appropriate tests or properly evaluate test results, resulting in the misdiagnosis or failure to diagnose.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss any personal injury claim, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton but also can meet with you in your home or the hospital.

We handle all medical malpractice claims on a contingency basis. You won’t pay anyattorney fees unless we recover damages for your losses.

Minimizing the Risk of a Motorcycle Accident in 2020

by

Steps You Can Take to Reduce the Risk of Injury

Minimizing the Risk of a Motorcycle Accident in 2020It’s nearly spring and, if you’re a motorcycle enthusiast, that means you’re probably starting to think about getting back on the road. It’s inherently dangerous to take a motorcycle on the roads—statistics show bikers are nearly 30 times more likely to suffer serious or fatal injuries compared to other motorists. But there are things you can do to minimize your risk of being in an accident.

  • Hone your riding skills—Even if you’re an experienced rider, it’s never a bad idea to take a safety course. It can help reinforce good riding habits and introduce you to new techniques that can increase safety.
  • Make certain you are visible—It’s usually the first comment from the driver of the other vehicle—”I didn’t see him.” Though there have been national campaigns to increase awareness of motorcycles on the roads, you still can’t expect other drivers to be looking for you. It’s your responsibility to take whatever measures you can to maximize your visibility. Wear bright clothing, use your turn signals, make certain brake lights and other vehicle lights are properly functioning, and stay out of other motorists’ blind spots.
  • Make certain your bike is functioning properly—Ideally, you should check the mechanical functions of your bike any time you ride. Make sure brakes, throttle, and lights work, and check tire pressure, horn, and mirrors.
  • Drive defensively—Often, the best strategy is to assume that other drivers are not aware of you. Proactively watch them, and be ready to take evasive measures, if necessary. If you maintain a safe distance behind the vehicle in front of you, you’ll have more time to take measures to avoid injury. Also keep an eye out for road hazards, including loose gravel, potholes, or water on the road.

Contact a Proven Personal Injury Accident Lawyer

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We handle all motorcycle accident injury claims on a contingency basis. You won’t incur any attorney fees unless we get compensation for your injuries.

© 2020 Howard Popper Law. All Rights Reserved.
CONCEPT, DESIGN, & HOSTING BY GETLEGAL.COM'S WEB SERVICES TEAM.
Sitemap | Terms of Use | Privacy Policy

COVID-19 Firm Update

To our clients, neighbors and members of our community who may require legal services during this uncertain time, we are here for you. Although our dedicated team is working entirely remotely, the use of telephone, texting & video conferencing allows us to stay connected. We hope you and your family stay safe during the COVID-19 situation. Continue to check our website for important updates. We are here to help.