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Falls from Heights at Work

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Your Rights When You Have Suffered Injury in a Workplace Fall Caused by Someone Else’s Negligence

Falls from Heights at WorkFalls from a height are the most common cause of injury and death in the American workplace. Such falls may be from the upper level of a construction project, a poorly constructed or maintained scaffold, a roof without appropriate safety barriers, or even a ladder in a warehouse. When you’re hurt unnecessarily because a company or supervisor failed to take appropriate safety measures, you may have options for seeking compensation for your losses.

A Workers’ Compensation Claim

Under New Jersey law, all employers must either have a valid policy of workers’ compensation insurance or be approved for self-insurance (where the employer pays workers’ comp benefits directly to an injured worker). To qualify for workers’ compensation benefits in New Jersey, you must show two things: that you were injured and that the injury occurred during the course of your employment. Though it sounds pretty straightforward, it’s not uncommon for workers with legitimate claims to initially be denied benefits. This can happen when employers allege the worker had a prior existing condition or claim the injury was sustained away from work or that the injury doesn’t prevent the employee from doing their job. For these reasons, it’s critical to have an experienced and aggressive workers’ compensation attorney to protect your rights.

A Civil Lawsuit

New Jersey workers’ compensation law covers injuries caused by the negligence of an employer or coworker. If your losses are caused, in part or in whole, by an unrelated third party, you’re not limited to the benefits available through a workers’ compensation claim. You also can file a personal injury lawsuit to recover damages. The litigation process can take months or years, and there’s no guarantee of any recovery whatsoever, but your claim isn’t limited to the compensation set forth under New Jersey’s workers’ comp laws. In fact, you can file a workers’ compensation claim and a civil lawsuit at the same time. You just can’t recover in both proceedings for the same losses.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a fall from a height at work, 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.

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

Recovering Damages After a New Jersey Construction Site Accident

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Potential Sources of Compensation When You’re Hurt on a Construction Job

Recovering Damages After a New Jersey Construction Site AccidentIt’s no secret that residential and commercial construction jobs are among the most dangerous occupations in the world. Construction workers are hurt in falls, by falling objects, by dangerous or defective tools and machines, and by the carelessness of supervisors and coworkers. If you’re hurt in a construction site accident, you need to know the options available to help you recover for lost wages, medical expenses, loss of enjoyment of life, loss of companionship or consortium, and physical pain and suffering.

A New Jersey Workers’ Compensation Claim

In New Jersey, employers who are not covered by a federal program, or not approved to self-insure, must have a valid policy of workers’ compensation insurance for employees. To qualify for workers’ comp benefits in New Jersey, you need to establish only two things: that you suffered an injury, and that the injury occurred during the course of your employment. You must immediately notify your employer of your injury, and you should retain legal counsel as soon as possible in order to fully protect your rights. The benefits you receive will depend on a number of variables, including the extent of your disability and whether you are temporarily or permanently disabled.

A Personal Injury Lawsuit

New Jersey workers’ compensation is the exclusive remedy for injuries caused by the carelessness or negligence of an employer or a coworker. In those situations, you cannot file a personal injury claim in court. However, if your injury was caused in part by an unrelated third party, you can file a separate personal injury claim to recover from that party. For example, if you are injured by the malfunction of a defective machine or piece of equipment, you might have a legal claim for damages against the manufacturer. Such a claim may be filed simultaneously with a workers’ compensation claim.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a construction site 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 wrongful death claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

COVID-Related Medical Malpractice Claims

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Can You Sue a Doctor or Medical Facility If You Contract the Coronavirus?

COVID-Related Medical Malpractice ClaimsYou may have taken all recommended precautions throughout the pandemic—maintaining social distance, wearing a mask, and washing your hands on a regular basis—only to be exposed to the virus while seeking medical care for something unrelated to COVID-19. Can you bring a medical malpractice claim against the healthcare professionals who exposed you to COVID-19, or against the hospital or facility where you sought treatment?

The Higher Standard in Medical Malpractice Claims

Most medical malpractice claims are based on a legal theory of negligence. To prove negligence, you must show that:

  • the wrongdoer failed to use a reasonable amount of care;
  • that failure caused an accident or exposure; and
  • as a result of the accident or exposure, you suffered actual losses.

In most negligence-based claims, you must show only that the defendant’s behavior fell short of the standard of care reasonably expected of an “average person of ordinary prudence.” However, because of the importance of healthcare in our society and the specialized training medical professionals receive, the standard of care is different for medical malpractice claims. To succeed in a medical malpractice lawsuit, you must establish that the actions of the medical caregiver did not rise to the level of care that would have been provided by:

  • a reasonably competent and skilled healthcare professional,
  • with similar training and experience,
  • working in the same medical community.

In most medical malpractice claims, the specific behaviors that meet the standard of care are established through expert witness testimony. Accordingly, a medical malpractice claim can be far more complex than other types of personal injury claims.

A number of states, including New Jersey, have enacted protections, either by statute or executive order, limiting the liability of healthcare facilities for COVID exposure.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a medical 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, and 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.

Automobile Accident Injuries Caused by a Drunk Driver

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Evidence of Liability | Potential Sources of Recovery

Automobile Accident Injuries Caused by a Drunk DriverAccording to data collected by the National Highway Traffic Safety Administration, about 7% of all traffic accidents in the United States involve consumption of alcohol,and approximately 15% of all traffic deaths are alcohol-related. If you or someone you love is injured by a drunk driver, you have a right to seek compensation in a personal injury lawsuit. In this blog, we look at what’s required to establish proof in such a personal injury claim and the various sources from which you might recover damages.

Proof of Fault

In the aftermath of an alcohol-related motor vehicle accident, there typically are two different legal proceedings—the criminal prosecution to determine penalties and a civil lawsuit to recover money damages for personal injury and property loss. A guilty plea or verdict in the criminal matter does not automatically translate to fault or liability in the civil claim. However, the fact that the defendant has been convicted can be introduced as evidence to establish fault or responsibility.

Potential Sources of Recovery

Under New Jersey’s no-fault auto insurance law, a person injured in a motor vehicle accident files a claim with their own insurance company, rather than seeking to recover from the at-fault motorist. In addition to the amount you can recover from your insurer, you also may have other potentially responsible parties from whom you can get compensation:

  • Under New Jersey’s “dram shop” law, you can seek damages from an individual and/or establishment that served alcohol to the at-fault party, provided the person was “visibly intoxicated” when served or was under the age of 21. New Jersey also extends liability to “social hosts,” persons who host private events.
  • You may have a claim against a municipality if the accident was caused in part by a roadway defect.
  • You may have a claim against the designer or manufacturer of the car, or a component part of the car, if the wreck was caused in part by defective product design or manufacture.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after an accident caused by a drunk driver, 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 videoconference.

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

Mass Transit Accident Injuries in New Jersey

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Can You Sue the Municipality for Driver Negligence or Failure to Maintain a Vehicle?

mass-transit-accident-injuries-in-new-jersey Though the pandemic has seen a marked decline in the number of people using public transportation, it remains an essential way for many to get to work and medical appointments or do necessary shopping. Though studies consistently show that traveling by bus, train or light rail is significantly safer than driving your own vehicle, there is still the risk you might be injured by a negligent driver or improperly maintained vehicle.

In the wake of most motor vehicle accidents, an injured person may file a lawsuit against any party with potential liability. The same generally holds true with respect to mass transit accidents, but there are some differences when one of the defendants is a municipality or other public entity.

Sovereign Immunity and the New Jersey Tort Claims Act

Until 1972, a governmental body could not be sued due to the legal concept of sovereign immunity. Officials rationalized this principle by arguing that without such immunity, the government would be continually defending itself in court and couldn’t dedicate its full efforts to serving citizens.

In 1972, however, the New Jersey legislature enacted the New Jersey Tort Claims Act, which set forth both the limited instances in which a governmental body can be sued, as well as the procedural requirements involved in such legal action:

  • As a general rule, you can bring an action against a public entity if you would have had a claim, based on the circumstances of the accident, had the wrongdoer been a private individual.
  • Damages for pain and suffering are limited, and you cannot recover from the government for losses covered by insurance
  • Unlike other personal injury claims, where you have two years to file a claim, you must file a claim against a governmental body within 90 days of the accident

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after a mass transit accident 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 videoconference.

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

Wrongful Death and Nursing Home Neglect in New Jersey During the COVID Pandemic

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Can You Seek Damages for the Loss of a Loved One?

Residents in nursing homes and assisted-care facilities have been hit particularly hard by the coronavirus, with approximately 40% (about 100,000) of the deaths nationally in that demographic. Reports have surfaced of nursing homes operating in the first months of the pandemic with little or no regard for social distancing, mask etiquette, or other public health safety recommendations. If you have a loved one who contracted the virus and died while in a nursing home in New Jersey, and you can show that the nursing home did not take appropriate safety precautions, can you file a wrongful death lawsuit to hold them accountable? Probably not.

In August, the New Jersey legislature passed, and Governor Phil Murphy signed, a bill granting broad immunity to nursing homes for claims arising out of the COVID-19 pandemic. The law does not prevent legal action but makes success difficult by providing immunity where nursing homes can show they “acted in good faith.” Under the statute, such nursing homes are absolved of both criminal and civil liability.

Critics acknowledge that many nursing homes acted in good faith but were hampered by limited access to necessary equipment, including respirators, masks, and sanitizer. They contend, however, that many nursing homes simply didn’t want to take the time or incur the expense of enacting appropriate safety measures.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after the wrongful death of a loved one, 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 videoconference.

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

What You Need to Prove in a Product Liability Claim

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The Element of a Defective Product Case

What You Need to Prove in a Product Liability ClaimThere’s a common misperception that because a product is on the shelves, adequate safety testing has been done to ensure that it doesn’t pose an unreasonable risk of injury to consumers. For a variety of reasons, that’s not always the case. If you have been hurt because of exposure to or while using a consumer product, you have the right to bring legal action to recover for your losses. Here’s what you’ll need to prove in court.

You Must Show You Were Injured or Suffered Some Kind of Loss

You don’t have a claim simply because a product was defective or posed a risk of injury. You must have sustained an actual injury or loss. For example, if the brakes on your car are defective, but you discover it before you turn on the car, there’s no injury. Likewise, if a product malfunctions and almost causes injury, you don’t have a claim.

You Must Show the Product Was Defective

There are three types of product defects: manufacturing defects, design defects, and marketing defects. A manufacturing defect relates to the fabrication, construction, assembly, or making of a product. A design defect refers only to the way a product is configured. Marketing defects usually involve a failure to provide adequate warnings on product packaging.

You Must Show the Product Defect Caused Your Injury or Loss

There are two types of cause that must be shown—actual cause and proximate cause. Actual cause requires you to show that, but for the defect, you would not have sustained an injury. Proximate cause requires that the consequences of the defect were reasonably foreseeable.

You Must Show You Were Using the Product As Intended

Using a product for a purpose, or in a way, other than as stated in the packaging, or reasonably expected, won’t necessarily prohibit you from recovering for injuries suffered. However, unless your nonconforming use of the product was “reasonably foreseeable” by the manufacturer, designer, or other responsible party, you’re unlikely to have a successful claim.

Contact the Law Office of Howard D. Popper

For a free initial consultation to discuss your options after the wrongful death of a loved one, 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 product liability claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

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