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The Types of Damages Available in a New Jersey Wrongful Death Case

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What Losses Can You Expect to Recover?

The Types of Damages Available in a New Jersey Wrongful Death CaseWhen a loved one has died because of the negligence or carelessness of another person, you can’t bring them back, but you do have a right to recover compensation from the at-fault party for a wide range of losses. You must qualify to file a lawsuit, as set forth in the New Jersey wrongful death statute. However, if you have the right to sue, you have the right to recover the following:

  • Compensation to replace any financial support the decedent would have provided to you—For a surviving spouse, that covers any earnings the deceased would have had for the remainder of his or her working life. For children, it covers any support that would have been received before the child became self-sufficient. This also covers any lost retirement earnings caused by the death.
  • The value of any household services that the deceased provided, such as meal preparation, housekeeping, child-rearing, home maintenance, lawn care or other services
  • The loss of any guidance, comfort, support, companionship, consortium, advice, care and counseling the parent would have provided had she or he lived
  • The actual cost of funeral or burial expenses

It’s important to understand that, while the New Jersey wrongful death laws do not allow a family member to recover damages for emotional suffering in a wrongful death case, a surviving family may file a separate legal action for the negligent infliction of emotional distress.

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 injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses

Happy Thanksgiving

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Happy Thanksgiving 2021

Thanksgiving—a time for gratitude for the many blessings we receive every day. This year, let us share our thankfulness for friends and family, and for our cherished liberties. May we gather together and share in the wondrous bounty of our world.

The Different Types of Workers’ Compensation Settlements in New Jersey

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The Advantages and Disadvantages of Section 20 and Section 22 Settlements

The Different Types of Workers’ Compensation Settlements in New JerseyWhen you have been hurt on the job in New Jersey, and have filed a workers’ compensation claim, you can let your claim work its way through the system or you can settle your claim with your employer and the workers’ compensation insurer. As a general rule, when you settle the claim, you accept some form of cash payment/s in exchange for giving up the legal right to pursue other benefits.

In New Jersey, there are two different ways that you can settle a workers’ compensation claim: under Section 20 or under Section 22 of the New Jersey workers’ compensation laws.

  • Section 20 settlements—Under Section 20, if the workers’ compensation insurance company denies or challenges any part of your claim, you can agree to give up the right to all future work comp benefits related to or arising out of your injury in exchange for a lump sum payment. Your settlement is considered to be “with prejudice,” which means that it will be final, that you cannot reopen the same claim and ask for additional benefits, even if your medical health deteriorates because of the original injury.
  • Section 22 settlements—Also known as an “Order Approving Settlement,” a Section 22 settlement is available for any type of workers’ compensation claim, including ones that have been approved by the workers’ compensation insurer. Under the terms of a Section 22 settlement, a permanent disability rating (agreed on by you and the insurer) is established, and periodic payments are made based on the New Jersey schedule of payments—in some cases, those payments may be converted to an annuity. A Section 22 settlement, however, is not “with prejudice,” allowing you to seek additional benefits if your medical condition deteriorates. To do so, however, you must reopen your initial claim within two years of the final payment made under the settlement agreement.

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 injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

What Is a New Jersey Work Comp “Permanency Award”?

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What Is a Permanency Award? How Is One Obtained?

What Is a New Jersey Work Comp “Permanency Award”?When you have suffered a work-related injury in New Jersey, you have a right to seek workers’ compensation benefits, provided you can demonstrate that the injury occurred during the course of your employment. Workers’ compensation is designed to pay any medical expenses reasonably incurred as a consequence of your injury, as well as benefits to cover lost wages while you heal. But what if your injuries either prevent you from ever working again, or significantly limit the type of work you can do. That’s when you want an experienced workers’ compensation attorney to help you secure what’s known as a “permanency award.”

What Is a Permanency Award?

A permanency award is a statutory benefit, set forth in the New Jersey workers’ compensation laws, that entitles an injured worker to a specific payment for certain types of injury or loss that are expected to affect the recipient for the rest of his or her life. The injury need not be one that impacts a person’s ability to work—an award can still be made for injuries that interfere with hobbies or avocations. A permanency award may be granted for “objective loss of function.”

Unless you hire an experienced workers’ compensation attorney, it’s highly unlikely that you’ll ever know whether you may be entitled to a permanency award. Typically, when your work comp claim is approved, your employer’s workers’ compensation insurance provider will pay medical and temporary benefits, but never disclose that you might be eligible for a permanency award.

To determine the amount of a permanency award, both sides in a workers’ compensation dispute file expert witness reports. The amount of compensation is then negotiated between the parties or determined by a workers’ compensation judge in a bench trial (a trial without a jury).

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 injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Car Accidents Caused by Bad Weather

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Who Is Responsible for Motor Vehicle Accidents in Inclement Conditions?

Car Accidents Caused by Bad WeatherAccording to statistics compiled by the National Highway Traffic Safety Administration, more than a million people are injured every year in motor vehicle accidents caused by or involving poor weather conditions, such as snow, ice, heavy rain, fog or even glaring sun. There’s a common perception that, because the weather is “an act of God,” that no one should be held responsible for a car accident in inclement weather. That’s simply not true.

How Is Liability Established in a Weather-Related Car Crash?

In New Jersey, as in other states, the laws governing personal injury are mostly governed by the common law (judge-made law), and are not found in statutes. Accordingly, there’s no written law in New Jersey that identifies exactly who is liable for a weather-related accident. Instead, the determination of liability is based on the legal principle of negligence.

The concept of negligence, as it has evolved over the centuries and as it is currently applied in New Jersey, requires every person in society to exercise a “reasonable” amount of care when engaging in any activity. That applies to driving a car, designing or manufacturing a product, or maintain residential or commercial property, among other things. Accordingly, when a person gets behind the wheel of a car, they have a duty to act as a reasonable person would. That includes not only the actions they take while behind the wheel, but also the initial decision whether to get behind the wheel and take the car on the road.

There is likewise no specific rule or law identifying what will be considered as reasonable. That determination is made by a jury on a case-by-case basis. If a person has been hurt in a motor vehicle accident that happened in poor or inclement weather, the jury will first need to determine whether driving in that weather at all was reasonable. If it was not, there may be liability (on one or both parties).

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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

Accidents Caused by Debris from Other Vehicles

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Can You Sue Another Driver When Falling Objects Cause a Wreck?

Accidents Caused by Debris from Other VehiclesIt’s not uncommon for objects falling from the vehicle of another driver to cause a motor vehicle accident. A person may have accumulated snow or ice that limits the visibility of a trailing driver or causes the other driver to veer to avoid impact. A motorist may have an unsecured load in a trailer or a waste hauler or earth mover may deposit a shower of materials on drivers following in the same lanes. In fact, some of those companies have conspicuous signs on their vehicles advising that they won’t be liable for damages caused by falling debris. Can you file a personal injury claim for losses when an accident stems from an object falling off another vehicle? Absolutely!

Liability for Accumulated Snow and Ice

In New Jersey, there’s a law that requires motorists to remove snow and ice from a vehicle before taking it on the road. Though that’s a criminal law that can lead to fines, the courts in New Jersey have also found that the standard of care for driving a motor vehicle in snowy or icy conditions requires that you take reasonable steps to remove snow or ice from your vehicle. Failure to do so can be deemed negligence.

Falling Debris from Other Vehicles

The same standard will apply for any other falling debris that causes an accident. The court will look at the steps the driver took to prevent items from falling and posing a risk of accident, and will determine if those steps were reasonable. If they were not, the driver may be liable. Furthermore, posting a sign on a vehicle attempting to limit liability will generally have little legal effect.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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

Slips and Falls on Leaf Piles in New Jersey

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What Are the Duties of a Property Owner with Respect to Accumulated Leaves?

Slips and Falls on Leaf Piles in New JerseyIt’s that time of year, when the leaves start changing colors and falling to the ground. It’s not uncommon to encounter large piles of accumulated leaves on sidewalks, driveways and on steps or porches. What are the responsibilities of homeowners or businesses in New Jersey regarding the pileup of leaves on walkways, thoroughfares and entryways?

The Standard of Reasonable Care

In New Jersey, all commercial and residential property owners have a duty to take reasonable steps to ensure the safety of anyone legally on the premises. That duty can extend beyond owners, though, to anyone who has responsibility for maintaining the property. Accordingly, a tenant or even a property manager may have liability for injuries suffered on real property.

It’s important to understand that the duty does not require that the owner, property manager or tenant eliminate any risk of injury. There is no mandate that any potential injury be avoided. Instead, the party responsible for maintaining the premises must only take those measures that would be deemed reasonable.

The law governing personal injury does not establish a clear guideline for determining what will be considered reasonable. Instead, that assessment is made, on a case-by-case basis, by the trier of fact (typically the jury). Courts apply the doctrine of stare decisis (Latin for “let the decision stand”) to every case, requiring juries to give greater weight to prior decisions involving the same or similar fact situations, ensuring consistency in the law.

Accordingly, in the fall, a property owner will have a duty to take reasonable measures to minimize the risk of injury because of accumulated leaves. That may involve removing the leaves, warning potential visitors of the dangers, or redirecting pedestrians away from the known danger.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of slip and fall, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Recovering Compensation for a Work-Related Auto Accident

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Identifying All Potential Sources to Cover Your Losses

Recovering Compensation for a Work-Related Auto AccidentIn New Jersey, when you’ve been hurt while in the course of your employment, you have a right to file a workers’ compensation claim to cover lost income and medical expenses. Though work comp is often referred to as an “exclusive remedy,” there are situations where may file a claim under the New Jersey workers’ compensation laws simultaneously with a civil personal injury lawsuit for damages. Such a remedy is often available when you have been injured in a work-related auto accident.

Third Party Claims and the Workers’ Compensation Laws

The New Jersey workers’ compensation laws were enacted as a “great bargain,” purportedly offering benefits to both workers and employers. For workers, the process is intended to be simpler, avoiding the time and expense of a trial, and allowing for the collection of benefits within weeks, if approved. For employers, because of the fixed benefits available under the work comp laws, the fear of exorbitant damage awards from sympathetic juries is alleviated.

However, the workers’ compensation laws are intended to be the exclusive remedy only for injuries resulting from the wrongful acts of an employer or co-worker. If your injuries were caused by an unrelated third party, such as the driver of another motor vehicle (who does not work for your employer), there is not to prohibit you from seeking damages from that driver in a personal injury lawsuit. The only limitation—you cannot recover twice for the same loss. If your medical expenses are paid through a workers’ compensation claim, you cannot recover them again in a personal injury lawsuit against the driver of the other car.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all car accident injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

The Effect of Prior Injury on a Workers’ Comp Claim in New Jersey

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Can You Seek Benefits If You Aggravate an Old Injury?

The Effect of Prior Injury on a Workers Comp Claim in New JerseyIn New Jersey, when you’re hurt on the job, you have a right to pursue benefits under state workers’ compensation law. But what if the injury you suffer only happened because of an earlier work injury you suffered in the past? Or what if the new injury is an aggravation of one that you sustained outside of the workplace? Can you still pursue workers’ compensation benefits?

Recurring Injuries and Workers’ Compensation in New Jersey

There is no rule that prevents you from recovering benefits for a work-related injury involving the aggravation or re-injury of a pre-existing or prior condition, whether the injury was previously sustained in the workplace or somewhere else. However, even though you can file a new workers’ comp claim for an injury related to a pre-existing condition, you may see a reduction of the benefits paid to you, based on a prior injury.

Prior Work-Related Injuries

If you suffered a prior work-related injury, and received workers’ compensation benefits for that injury, you may or may not be able to recover full benefits for an aggravation or recurrence of that injury. If you undergo medical treatment for the initial injury and are considered fully healed by your doctor before you suffer the reinjury, you should be able to recover full benefits for the new injury. If, however, you recovered from the initial injury just enough to return to work, but you were still under the care of a doctor, your benefits may be prorated or reduced.

Prior Injuries Outside of the Workplace

If you suffered an injury in childhood, or during a leisure activity, and you aggravate that injury at work, you can expect to have your workers’ compensation claim prorated, as workers’ comp is intended to cover work-related injuries only.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of workplace accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

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