Contact Us : 973-993-8787

Looking for Evidence of Nursing Home Abuse and Neglect

by

Nursing-Home-Abuse-and-Neglect

When your loved one requires nursing home care, you hope that they’ll be safe, and that they’ll be treated with dignity and respect. Unfortunately, as statistics show, the incidence of abuse and neglect at nursing homes across the country is staggering—more than two million allegations of elder abuse are made every year. Officials estimate that approximately 10% of all seniors will be victims of some type of abuse or neglect in their declining years.

If you have a loved one in a nursing home, how can you be proactive to make certain they’re not being victimized? Here are some of the telltale signs of abuse and neglect in nursing home care:

  • Signs of physical abuse—Does your loved one have cuts, bruises, burns or other injuries that no one can explain? Is there evidence that they’ve been restrained? Do they have bedsores or ulcers or other medical needs that have not been handled? Is there evidence that they’re being denied prescribed medications? Does it appear that their bedding or clothes have not been regularly changed?
  • Signs of emotional abuse—Are nursing home workers always present when you visit your loved one, preventing you from being alone with that person? Has your loved one become withdrawn or less talkative? Is there evidence of depression, anxiety or fear? Does your loved one refuse to see you? Are there unexplained changes in personality?
  • Financial exploitation—Is there money (or other items) missing from your loved one’s room? Has your loved one suddenly acquired a roommate? Is your loved one not getting medical care, even though the resources are there to pay for it?

Contact Attorney Howard D. Popper

To learn your options when you have been injured in the workplace, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all workers’ compensation claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Can You Be Responsible for a Car Accident If You Weren’t in the Car?

by

Car Accident If You Weren't in the CarAs a general rule, after a motor vehicle accident, the first thing the parties will do is look at the actions of all the drivers, so that fault can be determined. While the person actually driving the car may have taken the specific actions that caused the crash, there are instances where a third party (someone not even in the car) can be potentially liable for damages suffered by others.

When a Person Is Driving for Work

Under the legal doctrine of respondeat superior, there are situations where an employer can be held responsible for the wrongful acts of an employee. If the employee was performing regular duties in the course of employment when the accident occurred, the employer may have liability. If, on the other hand, the employee was engaged in a primarily or wholly personal activity during work hours, the employer may escape liability. For example, if an employer sends an employee to the store, to a restaurant or to meet with a client, an accident that occurs on the way there or back may result in legal responsibility for the employer. However, if the employer sends an employee to meet with a client and the employee diverts his or her path to get lunch, any accident occurring during that diversion will typically not result in liability for the employer.

When You Let Someone Else Drive Your Car

In some states, simply letting someone else drive your car imposes liability on you for any accidents they have. As a general rule, automobile insurance follows the car, not the driver. Your insurance will be required to pay for any damages caused by your car, regardless of who was driving.

Contact Our Office

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

The Factors that a Jury Can Consider When Awarding Damages for Pain and Suffering

by

Damages for PainIn the aftermath of a personal injury, you have the right to pursue damages for all your losses, from wages and income to medical expenses, from loss of companionship or consortium to pain and suffering. In an earlier blog, we looked at the different types of pain and suffering, and briefly discussed the concept of a “multiplier,” where the court calculates “out-of-pocket” losses and multiplies by a factor to calculate the award for pain and suffering. In New Jersey, that amount might be one to three times out-of-pocket damages or it can be ten times that amount.

We noted in the earlier blog that courts customarily instruct juries to use common sense and experience when calculating damages for pain and suffering. In this blog, we look at some of the concrete factors that we know juries take into consideration when assessing pain and suffering. There are many, including:

  • Whether or not you, as the injured party (plaintiff) are a good and favorable witness. This includes not only your appearance and demeanor during examination and cross-examination, but your perceived credibility. Juries will likely be instructed to listen carefully, so that they can determine if there are inconsistencies in your testimony, or whether it seems that you are exaggerating any claims. It won’t matter if your contradictory statements had anything to do with the extent of your pain and suffering. If it appears that you fabricated or misrepresented anything, it can have an impact on your ability to get damages for pain and suffering.
  • Whether there is medical testimony to support your claims of pain and suffering
  • Whether the allegations of pain and suffering make sense to the jury
  • Any prior criminal record you may have

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Understanding Damages for Pain and Suffering

by

Pain and SufferingIf you’ve been injured because of the careless or negligent act of another person, you’ll have the right so seek damages for all your losses, from wages and income to unreimbursed medical expenses to loss of enjoyment of things that have given your life meaning. You are also entitled to seek compensation for pain and suffering. In this blog, we look at what that means and how damages for pain and suffering are customarily determined.

What Is “Pain and Suffering”?

Under the law, there are generally two types of pain and suffering that are compensable in a personal injury lawsuit: physical pain and suffering and emotional/mental pain and suffering.

Physical pain and suffering refers to any pain, discomfort or physical limitations resulting as a consequence of the injury. The nerve responses caused by a broken bone, a laceration, a contusion or a muscle pull are all types of physical pain and suffering. However, scarring that limits movement or other injuries that cause vertigo or other physical consequences also constitute physical pain and suffering.

Mental pain and suffering, on the other hand, is often a by-product of physical pain, but need not be. It includes a wide range of psychological or mental responses to an accident, including depression, anxiety, fear, anger, shock, humiliation and emotional distress. That mental suffering may result from the physical injuries sustained, or it may be a consequence of the trauma of having been in an accident.

How Is Pain and Suffering Calculated?

As a general rule, there’s little concrete guidance for juries to determine the value of damages for “pain and suffering.” While many courts will encourage juries to use common sense and experience when assessing damages for pain and suffering, others will use what is known as a “multiplier,” taking the amount of special damages (those that can be accurately calculated, such as lost wages and medical expenses) and multiplying that amount by a specific number. There is precedent in New Jersey for such an approach, but it varies from court to court.

Contact Attorney Howard D. Popper

To learn your options when you have been injured in the workplace, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all workers’ compensation claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Types of Injuries Covered by Workers’ Compensation

by

Injuries-Covered-by-Workers'-Compensation

In New Jersey, there are two specific requirements that must be met before you are eligible to receive workers’ compensation benefits—you must show that you suffered an injury, and you must show that the injury occurred in the workplace. The workers’ compensation laws are generally no-fault laws—there’s no need to show negligence or carelessness—you only have to show that you were actually working when you were hurt.

The Injuries Covered by Workers’ Compensation

Workers’ compensation provides coverage for almost all work-related injuries, from joint and connective tissue injury to bruises, cuts and muscle trauma. Your injuries don’t need to be the result of a traumatic event—you can successfully recover workers’ compensation benefits for repetitive stress or motion injuries, as well as occupational illness or disease.

The different types of injuries specifically covered by workers’ compensation include:

  • Traumatic brain injury or spinal cord trauma
  • Broken bones
  • Head, back or neck injury
  • Knee, elbow, shoulder, hip, ankle or wrist injury
  • Loss of sight or hearing
  • Scarring or permanent disfigurement
  • Burns
  • Amputation or loss of limb
  • Wrongful death

Excluded Injuries under the New Jersey Workers’ Compensation Laws

There are also a number of situations where you won’t be able to recover workers’ compensation benefits:

  • You suffered an injury while involved in conduct that violated the law
  • Your injury occurred while you were under the influence of alcohol or illegal drugs
  • A pre-existing condition will generally preclude you to compensation, unless you can demonstrate that it was aggravated by your current job.
  • You were attacked by a co-worker or someone whose reasons were not tied your job
  • Your own attempts to injure yourself

Contact Our Office

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

Can You Get Workers’ Compensation Benefits for a Work-Related Car Accident?

by

Work-Related-Car-Accident

The New Jersey workers’ compensation laws were enacted to provide an alternative to the civil courts when workers suffered injury because of the carelessness or negligence of employers or fellow workers. Accordingly, when an employer fails to properly maintain equipment, or does not provide adequate training and supervision, and you suffer injury, you can file a workers’ compensation claim and, if your claim is approved, start receiving benefits within a few weeks.

The reality, though, is that many people travel as a part of their jobs and many “work-related” injuries are suffered in motor vehicle accidents while employees are on company time. Can you file a workers’ compensation claim for injuries suffered in a car accident while on the clock? If so, are you limited to seeking benefits through a workers’ compensation claim?

The rules governing eligibility for workers’ compensation for motor vehicle accident injuries are pretty clear:

  • You cannot recover for injuries suffered in a motor vehicle accident on your way to or from work, unless you were injured because you deviated from your route to perform a work-related task (pick up supplies or food/beverages at the request of a supervisor)
  • Injuries sustained during work hours are generally covered, unless you were in a vehicle for a purely personal activity

It’s important to understand, however, that you can file a workers’ compensation and a personal injury lawsuit simultaneously, provided at least one at-fault party was neither your employer nor a co-employee. You cannot, however, recover twice for the same loss. If you received workers’ compensation benefits to cover lost wages and income, you cannot recover the same lost wages and income in a separate proceeding before a judge and jury.

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Benefits Available with a New Jersey Workers’ Compensation Claim

by

New-Jersey-Workers'-Compensation-Claim

When you’ve been hurt on the job in New Jersey, you have the right to seek compensation for losses caused by your injury. Are you only entitled to benefits if you can’t work at all? What types of medical expenses does workers’ compensation cover? Will it pay for physical therapy or rehabilitation? What if you need a prescription for pain medication or an injury that requires surgery?

Under New Jersey law, workers’ compensation benefits are available whenever you have suffered a work-related injury. The benefits include compensation for lost wages or income—the specific amount and duration of your payments will depend on two criteria: whether or not your injury is temporary or permanent; and whether or not your injury is partial or total. As a practical matter, most workers’ compensation claims are for short-term injuries, and the benefits are only paid while you are unable to work.

To obtain benefits for a permanent disability, though, it’s not necessary that you be unable to work—you may be entitled to some form of benefit if you can show that a work-related injury caused you some type of permanent disability. Of course, if you can’t work at all, you will be entitled to the maximum benefit, which is based on your average weekly wage for the last 52 weeks. If your injury is deemed to be partial, though, you’ll only receive a percentage of the total benefits available, based on your degree of disability.

Medical Benefits under a Workers’ Compensation Claim

The workers’ compensation laws allow for coverage of all “reasonable and necessary” medical expenses incurred after a work injury. Hospital and urgent care treatment, physician visits, medical procedures and prescriptions are all covered. Though the workers’ compensation insurer or your employer may require that you meet with a specific doctor, you can still seek a second opinion and treatment from your own doctor.

Survivor Benefits under the New Jersey Workers’ Compensation Laws

There are also death benefits available to certain family members when someone is killed in a work-related accident.

Contact Attorney Howard D. Popper

To learn your options when you have been injured in the workplace, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all workers’ compensation claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Is a Waiver of Liability for Negligence Valid?

by

Liability-for-Negligence-Valid

You see it all the time—you go ziplining or parasailing or want to engage in some other activity and the vendor requires that you sign a waiver of liability. The ostensible upshot of such a document is that you won’t be able to sue if you are subsequently injured. Is that always the case? Is the waiver worth the paper it’s written on?

There are instances where a waiver of liability will be construed as valid by a court, but in practice courts carefully review the terms of a waiver, as well as the actual injuries suffered, to look for grounds that may invalidate the waiver. In part, this stems from public policy that disdains waiving liability for negligence, out of fear that it will lead to more careless behavior. The concern behind it goes something like this—if the waiver of liability is valid, the person covered can act as carelessly as they want without fear of lawsuit or recrimination. Therefore, they’ll pay little or no attention to safety.

As a general rule, courts are disinclined to uphold waivers that are too broad or general. On the other hand, if a waiver is fairly specific, and the injury falls under the type for which liability is waived, it will probably be upheld.

Courts are also reluctant to uphold waivers that are hidden in boilerplate or simply not conspicuous or obvious to the person ostensibly waiving liability. In the best of all possible worlds, the wavier will be in upper-case letters or in boldface. It should be in the same size type and the same font, and should be readily apparent to a reasonable person.

Additionally, courts will typically not allow a waiver of liability for “gross negligence.” That’s typically defined as reckless or conscious indifference to the rights of others.

Contact Our Office

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

Whose Insurance Covers Medical Expenses in an Uber Accident?

by

Medical-Expenses-in-an-Uber-Accident

When you’ve been hurt in a motor vehicle accident in New Jersey, one of your first steps it typically to look to insurance to cover your losses. But what if you were a passenger in a ride-share, such as Uber or Lyft? Until about a year ago, there was no requirement in New Jersey that such companies provide any coverage for paying passengers. In fact, it was practice by Uber, Lyft and other ride-share companies to obtain basic coverage on drivers only.

As of May 1, 2017, however, under a new law known as the Transportation Network Company Safety and Regulatory Act, such ride-share companies must now carry commercial insurance policies covering passenger injuries when the ride-share driver is at fault, or if the ride-share driver has inadequate coverage to compensate for all the passenger’s losses. The law requires a $1.5 coverage limit on such policies. Furthermore, if an Uber passenger is injured in an accident caused by another driver, a claim can be made against that driver’s insurance provider without the limits set up the New Jersey no-fault laws.

If you’ve been hurt in an accident involving a ride-share service, you still need to take steps to protect your rights:

  • Gather as much information as you can from participants or witnesses, including name, address, phone number and other contact information
  • Get pictures of everything, from your injuries to the damage to the vehicle to the roadway and weather conditions at the time
  • Get the medical treatment you need as soon as possible

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of the negligence or carelessness of another person, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Your Rights if Your Child Was Hurt in a School Bus Accident

by

Child-Was-Hurt-in-a-School-Bus-Accident

Fatal School Crash Raises Questions

The death of a teacher and a student in a school bus crash on a field trip has raised many questions about the liability of a school district in a motor vehicle accident. Experts anticipate that families of the deceased will not be the only ones to seek damages for injuries sustained.

So what are your rights when your child is injured in a bus wreck on a school outing? Can the school be held accountable for the carelessness of a bus driver?

In New Jersey, if you have been injured because of the wrongdoing of a public entity or a public employee, you must file a claim under the New Jersey Tort Claims Act. The Tort Claims Act upholds the concept of sovereign immunity, preventing individuals from bringing lawsuits against the government. There are, however, exceptions to that law. One of the specific exclusions is for people who have suffered injury because of the negligence of a public entity. Accordingly, under the New Jersey Tort Claims Act, there is no immunity from liability for the negligence of a school board or school employee.

Under the statute, you must file a claim for injuries under the Tort Claims Act within 90 days of the accident. The state then has 90 days to accept or reject your petition.

Contact Attorney Howard D. Popper

To learn your options when you have lost a loved one in an accident, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

© 2018 Howard Popper Law. All Rights Reserved. Sitemap | Terms of Use | Privacy Policy
CONCEPT, DESIGN, & HOSTING BY GETLEGAL.COM'S WEB SERVICES TEAM.

Chat Banner

Can We Help You?

Left Menu Icon