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

Determining the Value of a Car Accident Injury Claim

May 4, 2021 by Howard Popper

What Can You Expect to Recover? What Factors Affect How Much You Get?

When you’re hurt in an auto or truck wreck caused by the carelessness or wrongful act of another person, you have the right to file a legal claim to recover compensation for your losses. What types of losses can you seek to recover in a personal injury lawsuit? What factors will be used by the court to determine how much you receive?

The Legal Basis for a Motor-Vehicle-Accident Claim

When you file a lawsuit to recover for losses suffered in an accident, you must explain why you believe the defendant (the person you want to pay for your injuries) is responsible. As a practical matter, most personal injury claims are based on allegations of negligence or carelessness. Accordingly, the first factor a court considers when calculating a damage award is fault. Can you prove that the defendant’s conduct was unreasonable and that it caused the accident in which you were injured?

A related concept is comparative fault. What if you were also careless, and your carelessness contributed to causing the accident? The court then must determine the extent to which the defendant caused the accident and the extent to which your actions contributed. It will assign a percentage of fault to each party. The court will look at the total amount of your losses and reduce any damages you recover by your percentage of fault.

The Actual Losses You Suffered

In a personal injury lawsuit, you can recover only for actual losses. If your injuries were covered by insurance, or covered in some other fashion, you cannot recover them again.

The damages available in a personal injury lawsuit fall into two general categories: economic and non-economic. Economic damages include those types of losses that can be precisely calculated, such as unreimbursed medical bills, property losses notcovered by insurance, and lost income. Non-economic damages are less concrete and include loss of enjoyment of life (the ability to do the things you love), loss of companionship or consortium, and physical pain and suffering.

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 work-related 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 online videoconference.

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.

Eyewitness Testimony in New Jersey Motor-Vehicle-Accident Claims

April 16, 2021 by Howard Popper

How Eyewitness Testimony Can Help or Hurt Your Case

When you suffer any kind of injury in a car crash, one of the first things you might do is look for eyewitnesses who can objectively testify and support your claims. In any legal claim, eyewitness testimony can be compelling. You need to be careful, though, that your eyewitnesses don’t end up damaging your claim.

The Benefits of Eyewitness Testimony

Though you don’t need eyewitness testimony to successfully litigate a motor-vehicle-accident claim, it can be a powerful tool in court. You can use physical evidence, such as skid marks, vehicle damage assessments, and physical injuries, to reconstruct an accident, but a narrative from someone who was there can paint a clearer picture of what happened. In addition, eyewitness testimony can be invaluable to certain expert witnesses, such as accident reconstruction specialists, helping them piece together the physical evidence and provide a believable and convincing explanation of what happened.

When Eyewitness Testimony Can Be Problematic

In some situations, it may not be in your best interests to rely on the testimony of eyewitnesses:

Where the testimony includes material or significant contradictions—A witness may contradict himself or other witnesses, which can have a detrimental affect on the credibility of all your witnesses. If jurors have difficulty believing one of your witnesses, they may have difficulty believing all of them.
Where there’s only a single eyewitness—Numerous studies have concluded that eyewitness testimony can be unreliable. The more witnesses you have who provide corroboration testimony, the more credible it is. A single eyewitness, though, may carry little weight.
When the eyewitness is nervous or fearful—Studies show that scared or anxious eyewitnesses are most likely to make false statements about what they saw.

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 work-related 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 ourclient communications are by phone, text message, and online videoconference.

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 Damages for a Motor Vehicle Accident in New Jersey

April 9, 2021 by Howard Popper

What Losses Are Covered? What Do You Need to Prove?

When you’re hurt in a car wreck, truck accident, or motorcycle crash, you have a right to seek monetary compensation, also referred to as “damages,” from any party whose negligence caused the accident. What damages can you expect to recover if a jury finds the defendant liable? Are there limitations or restrictions on damage awards in motor vehicle accidents in New Jersey?

The Different Types of Damages

At the broadest level, damages in personal injury lawsuits take two forms: compensatory damages and punitive damages. Compensatory damages are tied directly to your losses and are intended to “compensate” you for those specific losses. Punitive damages, on the other hand, are based on the actions of the defendant and intended as a penalty for engaging in certain types of socially unacceptable behavior. Punitive damages are also believed to act as a deterrent to others who might engage in similar behavior. To recover punitive damages in a personal injury lawsuit, the injured party must show that the defendant demonstrated a reckless disregard for the value of human life (“gross negligence”).

Compensatory damages are further divided into economic and non-economic damages. Economic damages are those with an easily-determined monetary value. Examples of economic damages include:

Lost wages and income
Unreimbursed medical expenses
Uninsured property loss
Costs to retrofit your home or vehicle to accommodate an injury

Non-economic damages, on the other hand, are losses that are not tangible or that have no specific monetary value. Examples of non-economic damages include:

Pain and suffering
Loss of enjoyment of life—the ability to engage in everyday activities or do things that brought you joy, meaning, or fulfillment before the accident
Loss of companionship or consortium—the inability to be physically close or intimate with others because of your injury

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.

The National Trial Lawyers Announces Howard Popper as One of Its Top 100 Civil Plaintiff Trial Lawyers in New Jersey

April 2, 2021 by Howard Popper

For Immediate Release

The National Trial Lawyers is pleased to announce that Howard Popper of Law Offices of Howard Popper in Morristown has been selected for inclusion into its Top 100 Civil Plaintiff Trial Lawyers in New Jersey, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only and is limited to the top 100 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Howard Popper by The National Trial Lawyers: Top 100, Mr. Popper has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 100 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.

Motor Vehicle Accidents in New Jersey

April 2, 2021 by Howard Popper

Can You Recover Compensation When an Accident Happens Because You Aren’t Paying Attention?

When you’re involved in a car crash that is entirely the fault of another person—they run a red light or stop sign or rear-end you because they’re looking at a mobile device—it’s usually a straightforward claim of compensation for all your losses. But what if you help contribute to causing the accident because you’re not paying attention to the road? What if you also engage in some careless behavior—maybe you come to a four-way stop and roll through the sign, whereas the other party completely ignores it? Can you still seek compensation for your losses, or are you without recourse because you helped cause the accident?

The Legal Principle of Comparative Negligence

It’s a fairly common occurrence that both parties contribute in some way to causing an accident. For centuries, the legal theory of contributory negligence applied, which prevented a person from recovering any compensation if he or she was responsible in any way for causing the accident. Fortunately, that principle, which often led to unfair results, has been replaced in New Jersey by the concept of comparative negligence.

With comparative negligence, the court first determines the full amount of a party’s losses. Next, the court determines the degree to which the injured party caused his or her losses, expressed as a percentage of the total liability. Finally, the court reduces the damage award by that percentage. For example, if the total losses are $100,000, but the injured party is 25% responsible, the final damage award is $75,000.

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.

Nursing Home Neglect and Abuse in New Jersey

March 18, 2021 by Howard Popper

When Can You Seek Compensation for the Wrongful Acts of a Nursing Home Operator?

According to statistics gathered by Nursing Home Abuse Justice, an industry watchdog, as many as 5,000,000 older Americans are victims of neglect or abuse every year. Nearly one of every two nursing home patients across the country fall atleast once each year, and the average number of falls per nursing home patient is three. Of the more than 14,000 complaints filed in a recent year, more than one in four involved physical abuse by employees of a nursing home.

The Most Common Personal Injury Claims Arising Out of Nursing Homes

Though there are many claims for intentional harm to patients in nursing homes, most nursing-home-neglect-and-abuse claims involve allegations of negligence based on failure to use reasonable care when working with patients or residents. Common allegations of negligence include:

Failure to take reasonable steps to ensure that rooms, hallways, and other locations are free from clutter or hazards that can lead to falls;
Failure to monitor the actions and behavior of residents, leading to patient-on-patient attacks, slips and falls, or access to areas or things that pose a risk of injury;
Failure to monitor residents or patients to ensure that they get proper nutrition or hydration;
Carelessness in the hiring, training, or supervision of workers, resulting in inadequate care;
Failure to move bedridden patients, leading to bedsores (decubitus ulcers); and
Carelessness in the administration of medication, including wrong doses or incorrect drugs.

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 at the hospital.

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

Workplace Injuries Remain Mostly Unchanged in 2020

March 12, 2021 by Howard Popper

Job-Related Injuries Still a Significant Problem

Even though many workers were laid off or worked from home in 2020 because of the pandemic, statistics gathered by the U.S. Department of Labor indicate that the rate of injuries remained essentially the same. According to data collected by the Bureau of Labor Statistics (BLS), there were approximately 3 injuries for every 100 full-time workers across America last year. Until 2020, that number had gone down consistently for 15 years. Injuries caused one in every hundred workers to lose at least a full day of work, and nearly as many workers were forced to take a new job or work with restrictions.

The Most Dangerous Occupations in America

You might think that construction, industrial, or warehouse work would have the highest rate of workplace injury. In fact, it’s nursing, with about 370 accidents for every 10,000 workers. That’s just ahead of commercial truck drivers, who report approximately 360 mishaps per 10,000 drivers. Warehouse, stock, and material movers see about 350 accidents per 10,000 workers. Construction workers have a significantly lower injury rate, at around 250 per 10,000.

In terms of actual numbers of injuries or illnesses, health care also came in at the top, with nearly 550,000 injuries and about 33,000 illnesses. Retail workers sustained about 400,000 injuries and 10,000 illnesses, whereas construction workers had just under 200,000 injuries and about 3,600 illnesses.

The Most Common Causes of Non-Fatal Workplace Injuries

BLS statistics indicate that the greatest number of injuries result from overexertion—workers trying to lift, pull, or carry too much, or working too long without a break—about 33 accidents per 10,000. Slips and falls accounted for around 27 accidents per 10,000 and falling objects/contact with objects or equipment made up about 24 of every 10,000 injury claims.

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.

Work-Related Motor Vehicle Accidents in New Jersey

March 3, 2021 by Howard Popper

Your Right to Recover Compensation If You’re Injured in a Car Accident While Working

In New Jersey, as in all states, if you suffer an injury during the course of your employment, you have a right to seek workers’ compensation benefits for lost wages and reasonable and necessary medical expenses. What if you are hurt in a motor vehicle accident during business hours? Is that type of accident always covered by workers’ compensation? Are you limited to the benefits you can collect through workers’ compensation?

New Jersey’s Workers’ Compensation Laws

There are only two requirements to qualify for workers’ comp benefits in New Jersey—you must be hurt, and your injury must be “work-related.” Injuries suffered in automobile accidents are generally covered, provided you can show that you were in the course of your employment when the accident occurred:

Injuries sustained in motor vehicle accidents on your commute are usually not covered, unless you made a detour from your normal route to conduct some work-related business, or you were traveling directly to a client’s office from home.
Injuries suffered when you leave the premises of your employer during a shift are generally not covered, either, unless you are engaged in activities related to your job—going to the post office for work, picking up lunch at the request of a supervisor, or picking up work supplies, for example.

Filing a Third-Party Lawsuit

Workers’ compensation is intended to provide benefits in the event of negligence by your employer or a co-worker. If your injuries are caused by an unrelated third party, you also can seek damages in a personal injury lawsuit in court. In fact, you may file a workers’ comp claim simultaneously with a civil lawsuit for personal injury.

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.

Tips for Minimizing the Risk of Injury in New Jersey Winters

February 28, 2021 by Howard Popper

Steps You Can Take to Keep Yourself as Safe as Possible

There are many ways that New Jersey’s winter weather can increase your risk of personal injury: slip-and-falls on snow and ice, motor vehicle accidents on icy or snowy roads, or exposure to power lines downed by heavy ice or snow. Though you can never fully prevent the risk of injuries caused by the carelessness or negligence of another person, there are measures you can take to reduce the risk during winters in New Jersey.

Injuries from Slip-and-Falls

When it comes to black ice, snow-covered ice, or ice-covered snow, it can be difficult to anticipate your footing, and you can hit the ground in an instant. A fall on a sidewalk or steps can lead to serious injury, including broken bones, traumatic brain injury, or neck/spinal cord trauma. To minimize the risk of a slip-and-fall,

make certain you have appropriate footwear—rubber soled shoes with good tread;
expect tasks to take longer—don’t be in a hurry;
take shorter strides to help you maintain balance, and take one step at a time on outdoor stairs;
have salt or sand near steps or sidewalks and use liberally.

Injuries in Motor Vehicle Accidents

Snow and ice change everything about handling a motor vehicle. You may not be able to accelerate or stop as quickly, and you’ll need to be careful when turning a corner, as it can be easy to fishtail.

Make certain you have good tires on your car, designed for the winter weather.
Always clean off your car before you get on the road.
Keep your windshield washer reservoir full with a solution that won’t freeze.
Make certain you’ve done all necessary maintenance.
Add a car length or two between you and the vehicle in front of you.
Lower your speed.

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 winter-weather-related injury, 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 personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Construction Site Injuries in New Jersey Winters

February 9, 2021 by Howard Popper

The Significant Risk of Injury in Cold Weather

Though the volume of outdoor construction goes down in New Jersey’s sub-freezing winter temperatures, it doesn’t stop. For those workers who stay on the job year-round, there are additional hazards posed by working on a construction site in the winter:

Snow and ice—Falls from heights are the single most frequent cause of injury on residential and commercial construction sites, including falls from rooves, ladders, scaffolding, heavy equipment, and upper levels of construction. When there’s snow, ice, or freezing rain, workers may be particularly susceptible to falls, as traction becomes difficult.
Motor vehicle accidents—Snow and ice can turn a construction site into a mud pit or skating pond, which can affect braking and make it difficult for large construction vehicles to get traction.
Exposure injuries—The combination of wind and humidity can quickly turn near-freezing temperature to arctic blasts, driving down skin and body temperatures and putting workers at risk of frostbite or hypothermia (where your temperature falls below 95 degrees).
Risks of electrocution—Snow and ice can bring power lines down and increase the risk of exposure to live wires or electrical current.

If you’re injured in a construction site accident in the winter in New Jersey, you have a right to seek benefits under the state’s workers’ compensation law. You may also be able to file a personal injury lawsuit in civil court, if you can show that your injuries were caused in part or in whole by someone other than your employer or a coworker.

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 construction site injury in snowy or icy conditions, 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 videoconference.

Our Verdicts And Settlements

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

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

What Can You Expect to Recover? What Factors Affect How Much You Get?

The Legal Basis for a Motor-Vehicle-Accident Claim

The Actual Losses You Suffered

Contact the Law Office of Howard D. Popper

How Eyewitness Testimony Can Help or Hurt Your Case

The Benefits of Eyewitness Testimony

When Eyewitness Testimony Can Be Problematic

Contact the Law Office of Howard D. Popper

What Losses Are Covered? What Do You Need to Prove?

The Different Types of Damages

Contact the Law Office of Howard D. Popper

Can You Recover Compensation When an Accident Happens Because You Aren’t Paying Attention?

The Legal Principle of Comparative Negligence

Contact the Law Office of Howard D. Popper

When Can You Seek Compensation for the Wrongful Acts of a Nursing Home Operator?

The Most Common Personal Injury Claims Arising Out of Nursing Homes

Contact the Law Office of Howard D. Popper

Job-Related Injuries Still a Significant Problem

The Most Dangerous Occupations in America

The Most Common Causes of Non-Fatal Workplace Injuries

Contact the Law Office of Howard D. Popper

Your Right to Recover Compensation If You’re Injured in a Car Accident While Working

New Jersey’s Workers’ Compensation Laws

Filing a Third-Party Lawsuit

Contact the Law Office of Howard D. Popper

Steps You Can Take to Keep Yourself as Safe as Possible

Injuries from Slip-and-Falls

Injuries in Motor Vehicle Accidents

Contact the Law Office of Howard D. Popper

The Significant Risk of Injury in Cold Weather

Contact the Law Office of Howard D. Popper

Morristown Office

Newton Office

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