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Common Causes of Falls in Nursing Homes

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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

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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

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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.

Social Host Liability in New Jersey

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The Legal Responsibility of a Private Party Host in New Jersey

Social Host Liability in New JerseySummer’s just around the corner—chances are you’ll be invited to a pool party or barbeque where beer, wine, or liquor will be available. Some social hosts pay close attention to how much alcohol their guests consume, but many do not. What happens if one of the revelers imbibes too much, gets behind the wheel of a motor vehicle, and causes an accident? What liability does the party host have to those who are hurt?

New Jersey’s dram shop law makes a bar or restaurant potentially liable for injuries caused by a patron who is served too much alcohol. In addition, New Jersey has a law that addresses the legal responsibility of private party hosts. This particular type of liability is known as “social host liability.”

Under the New Jersey social host liability statute, a party host who provides (or allows the consumption of) alcohol to or by an intoxicated guest may be liable for injuries or losses suffered by a third party in an accident subsequently caused by that guest. The alcohol consumed need not actually come from the party host—it could be beverages brought by other guests, including the person who caused the accident. The stature requires all of the following to impose liability:

  • That the guest who caused the accident was “visibly intoxicated” in the presence of the party host;
  • That the beverages were provided or allowed “under circumstances manifesting reckless disregard of the consequences;”
  • That allowing the consumption of alcohol created an “unreasonable risk” of injury to person or property; and
  • That the injury was incurred in an accident cause by the intoxicated person.

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 social host liability claims on a contingency basis. You won’t incur any attorney fees unless we get compensation for your injuries.

Protecting Your Rights After a Rideshare Accident

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Who Pays for Your Losses? Do You Have a Claim against the Driver or the Company?

Rideshare AccidentThere are many ways that Uber, Lyft, and other rideshare operators make our lives easier. You can get picked up and dropped off easily, you don’t have to look for (or pay for) parking, and you can save wear and tear on your car. But what happens if you are involved in a motor vehicle accident while sharing a ride? Who should compensate you for your losses? What if an Uber or Lyft driver hits you on the way to pick up a fare, or on the way home at the end of the day?

Seeking Damages from the Rideshare Company

Under the legal doctrine of respondeat superior, when an employee of a company causes a motor vehicle accident, the company has liability, provided the accident occurred “in the course of” the employee’s job.

If you suffer loss, look for a responsible party with the ability to pay. In all likelihood, the rideshare company will have more resources (deeper pockets), so that may be your first thought. Unfortunately, most rideshare drivers are classified as “independent contractors,” which means they technically are not employees. Because they are not employees, the principle of respondeat superior generally doesn’t apply.

That being said, all reputable rideshare companies require drivers to have auto insurance. In addition, some rideshare companies, such as Uber and Lyft, carry their own policies of insurance to cover such contingencies. Here’s how the coverage generally works:

  • If a driver was not working at the time (the rideshare app was turned off), the only coverage available is through the driver’s personal auto insurance provider.
  • If the driver was available for rides (app was turned on), but did not have a ride, Uber and Lyft offer liability insurance up to $100,000.
  • If the driver had a rideshare passenger at the time of the accident, the coverage is higher (up to $1 million).

Contact an Experienced and Effective Personal Injury Attorney

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

We take all personal injury claims on a contingent fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Disability Benefits Available through the Social Security Administration

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Social Security Disability Insurance | Supplemental Security Income

Disability Benefits Available through the Social Security AdministrationIf you have a physical or mental condition that prevents you from working, you may be eligible for disability benefits through the Social Security Administration. Under federal law, there are two types of benefits for which you may qualify: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Eligibility for Social Security Disability Insurance

To qualify for Social Security disability benefits, you must be disabled, and your disability must either last (or be expected to last) at least 12 months or end in your death. In addition, you must have worked enough, while paying FICA taxes, to have earned sufficient “work credits,” and you must have worked a certain amount during five of the 10 years prior to when you are determined to be disabled.

Eligibility for Supplemental Security Income

The first thing to understand about Supplemental Security Income is that it is a program jointly operated by the federal government and the states. Accordingly, eligibility for SSI benefits varies from state to state. In addition, while a disability can qualify you for SSI, you also can be eligible based on age or blindness.

To meet the federal requirements for SSI, you must show that you:

  • Are disabled, blind or over the age of 65,
  • Have U.S. citizenship, or meet specific criteria with respect to permanent residency, asylum or refugee status,
  • Have limited income—the amount varies from state to state, but typically runs from $700 to $1,400 per month, and
  • Have limited assets—generally, the value of property other than your home or car must be less than $3,000, and even less in some states.

Contact an Experienced and Effective Personal Injury Attorney

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 take all Social Security disability claims on a contingent fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Filing a Lawsuit for a Dog Bite or Attack in New Jersey

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The Different Types of Liability for Animal-Related Injuries

Filing a Lawsuit for a Dog Bite or Attack in New JerseyIf you are injured by a domestic animal in New Jersey, you may have a right to seek damages for your losses, unless the animal’s owner can show you provoked the attack or were trespassing at the time of the incident. Based on your injury, different types of claim are available.

Dog Bites

Like most states, New Jersey has a strict-liability dog-bite law. The legal concept of strict liability means that you do not need to show carelessness or negligence on the part of the dog owner. Instead, if you can show that you were legally on the premises, and that the defendant’s dog bit you, the defendant will be liable for all injuries or losses. Note that, under the concept of strict liability, there’s also no needto show that the dog’s owner had knowledge of the dog’s prior aggressive or viciousbehavior. New Jersey’s strict-liability law applies only to incidents involving dog bitesand not bites by other animals.

Maulings, Knockdowns and Other Injuries

If a dog or other animal injures you without biting you—for example, by knocking you down or scratching you—the strict-liability statute does not apply. Instead, you must file a negligence-based claim. Unlike the strict-liability laws governing dog bites, negligence claims are not based on written statutes but have evolved throughthe “common law,” the judge-made law found in court opinions.

For a negligence claim, you must show that the owner of the animal failed to take reasonable actions to control its behavior. One of the most common ways to do that is to show that the owner had prior knowledge of aggressive behavior. You also mustshow that the owner’s failure to control the animal caused your injury.

Contact an Experienced and Effective Personal Injury Attorney

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 willvisit you in your home or the hospital, if necessary.

We take all dog-bite and other injury claims on a contingent-fee basis. You will not pay any attorney fees unless we get compensation for your losses.

Wrongful Death in New Jersey—An Introduction

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What Is Wrongful Death? Who Can File a Wrongful Death Action?

Wrongful Death in New JerseyWhen your loved one dies because of the carelessness or negligence of another person, you have the right to seek compensation for all your losses. In New Jersey, there are two different legal claims that arise after an accidental death—a wrongful death action and a survivor action. In this blog, we’ll look more closely at wrongful death claims.

What Is Wrongful Death?

Under New Jersey statute, a wrongful death is defined as one “caused by the wrongful act, neglect or default of another.” The factual circumstances typically must be such that the person who died would have had a valid personal injury claim if he or she had lived. However, because the person who suffered the injury is deceased, the claim must be brought by a third party on behalf of the decedent. Accordingly, a wrongful death claim is typically brought by the executor or personal representative of the deceased’s estate on behalf of surviving family members.

Who Can File a Wrongful Death Claim?

In New Jersey, even though the wrongful death claim must be filed by the executor or personal representative of the estate, any damages awarded will be distributed to family members or others, as set forth in New Jersey law. Such compensation may go to:

  • The surviving spouse, children and grandchildren of the deceased
  • Any surviving parents
  • Surviving siblings, nieces or nephews, and
  • Any other person who can prove financial dependence on the decedent.

There is, however, a hierarchy for the distribution of damages. The spouse and surviving children take priority—surviving parents are not entitled to any compensation unless there are no surviving children and no surviving spouse. Siblings, nieces and nephews receive no monetary award if there are surviving parents, children, grandchildren, or a surviving spouse.

Contact the Law Office of Howard D. Popper

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 take all wrongful death claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Slips-and-falls on Ice or Snow in New Jersey

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The Duties of Landowners to Remove Snow and Ice

Slips-and-falls on IceIt’s officially winter in New Jersey, and that means ice and snow. Unfortunately, ice and snow can also mean slips and falls, particularly when a property owner fails to clear sidewalks or other thoroughfares. Sometimes, though, snow or ice can come unexpectedly and leave the landowner little time to clear it. Does a property owner have an absolute duty to ensure that anyone legally on the property isn’t hurt in a fall on snow or ice? If not, what are the responsibilities of those who control residential or commercial property?

With respect to the first question above, the answer is “no.” The owner or person in control of residential or commercial property does not have an obligation to prevent every possible injury due to snow or ice. Instead, the duty requires only that the owner/controller act as a reasonable person would. Typically, that question is a factual issue for the jury. The jury may look at a number of factors when determining reasonableness:

  • Is there a history of accumulation of ice or snow where the accident occurred? Was it reasonable to expect that there would be a hazard?
  • How much time elapsed between the accumulation and the injury?
  • How much would it have cost to remedy the situation?

It’s also important to understand that the owner/occupier may opt to prevent access to the property, or to provide reasonable warning, instead of removing snow or ice.

Residential vs. Commercial Property

New Jersey applies a different standard to residential property than it does to commercial property. The owner/controller of residential property generally has no duty to remove accumulations of snow or ice, and it is therefore unusual for a person who slips and falls on ice or snow on residential property to recover damages. A residential owner generally is liable only if his or her actions made the hazardous situation worse.

With commercial property, there’s no requirement that the owner have actual knowledge of the accumulation, provided it is reasonably foreseeable that there could be such an accumulation.

Contact Us

To arrange 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 come to your home or the hospital when necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

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