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First Personal Injury Claim Filed for Scooter Accident in New York

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Scooter-Accident

If you live in one of the nation’s big cities, you’ve seen scooters on the roads—they seem to be everywhere. While they’re convenient and extremely popular, they can also be pretty dangerous, both for riders and pedestrians. Though there have been a number of lawsuits filed in the past couple years in other states where the scooter bug has been around for a bit more time, it’s taken until now for the first personal injury claim involving a scooter accident to be filed in the state of New York.

According to documents filed in the United States District Court for the Southern District of New York, the injured party, Victor Medina, was aboard an Inmotor Go electric scooter in the Bronx on June 16, 2018 when the accident occurred. He contends that he was operating the vehicle in a manner consistent with its intended use. Mr. Medina alleges in his complaint that, while operating the vehicle at a reasonable speed, he was “suddenly and without warning” slammed to the ground, losing consciousness and suffering serious and catastrophic injuries, including a concussion, a dislocated jaw, knee and shoulder lacerations and other permanent injuries.

In asking for damages, Mr. Medina alleges that Inmotor carelessly designed the product, failing to consider and incorporate safer designs, and failing to provide adequate warnings about the risks involved with the use of the scooter. He also contends that the company failed to conduct appropriate safety testing before putting the product on the market.

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of someone else’s carelessness, 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.

What is PIP and How Does It Work in New Jersey?

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Work-in-New-Jersey

In the aftermath of a motor vehicle accident, one of the first things you’ll typically do is get information about the at-fault party’s insurance provider. That’s not so that you can file a claim directly with their insurer—that’s not how it works in New Jersey. Because New Jersey is a “no-fault” state for the purposes of automobile insurance, you’ll typically file any insurance claims with your own carrier, and your insurance company will seek reimbursement through a legal action known as subrogation.

When you purchase motor vehicle insurance in New Jersey, there’s a requirement that your policy include a provision that addresses “personal injury protection,” also known as “PIP.” PIP is designed to compensate you for any injuries you suffer in a motor vehicle accident, regardless of who is at fault.

There is some flexibility in the amount of coverage you can obtain through PIP coverage. As a general rule, the coverage is $250,000, but you can purchase as little as $15,000. Your PIP provision covers a wide range of medical losses, including:

  • Medical treatment, including the costs of surgical procedures
  • Facility costs, whether at a hospital, urgent care or doctor’s office
  • Diagnostic procedures
  • Rehabilitation and physical therapy
  • The costs of an ambulance

You can also collect payment for lost wages through a New Jersey PIP claim, although the amount you receive cannot exceed your normal income. You can also have the costs of necessary services covered, such as housecleaning, laundry, yard work and snow removal.

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.

What Kind of Disability Benefits Can You Expect When You File a Workers’ Compensation Claim?

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Workers'-Compensation--Claim

In the aftermath of a work-related injury in New Jersey, you may have mounting expenses and little or no income. It’s important to know what types of disability benefits pursuant to a New Jersey workers’ compensation filing.

Workers’ Compensation Disability Payments in New Jersey

In New Jersey, the workers’ compensation laws don’t technically call for benefits for lost wages. Instead, when you’ve suffered a work-related injury, you can seek “disability payments,” which may be either temporary or permanent. Practically speaking, though, the determination of the amount of benefits looks the same as it does in other states—there’s a calculation of your average weekly wage, and you can receive up to 70% of that amount, based on your degree of disability. The law also sets a cap on the weekly amount that will be paid.

Temporary disability benefits are paid in New Jersey until you return to your job or reach “maximum medical improvement.” Temporary disability benefits are paid for a maximum of 400 weeks. Once you’ve attained maximum medical improvement, you can be examined by a doctor to determine if you qualify for payments for a permanent disability.

If the workers’ compensation judge determines that you are permanently and totally disabled, you can receive your full disability payment as long as you are disabled (and even for life), but you’ll need to have your permanent disability status confirmed by a physician on a regular basis. If your disabilities are permanent, but only partial, you will still be entitled to benefits, which will be calculated either as a schedule or as a non-schedule loss.

A schedule loss is a permanent disability involving certain body parts, such as arms, legs, hands, feet, fingers, toes, eyes and teeth. It’s referred to as a schedule loss because the law includes a specific “schedule” that identifies the number of weeks of benefits you will receive for the specific type of injury. Once you have proven an injury to a specific body part, the workers’ compensation judge will “rate” your injury, a method for determining the extent to which your permanent injury limits your capabilities. You’ll be entitled to the full amount of benefits per week, but the number of weeks will be reduced by the percentage of your disability. For example, if an injury entitles you to 300 weeks, but you are only considered 75% disabled, you will only receive benefits for 225 weeks.

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.

Third Party Responsibility in Motor Vehicle Accidents

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Motor-Vehicle-Accidents

In an earlier blog, we looked at a couple of situations where a person not driving a motor vehicle could be found liable for injuries suffered in a crash involving that vehicle: where the driver was in the course of employment at the time of the crash (imposing potential liability on the employer) and where the driver of the car causing the accident was merely borrowing the car (imposing potential liability on the owner of the car).

There are a number of other situations where a third party—someone other than the drivers of the respective vehicles—can be found liable for injuries suffered in a motor vehicle accident:

  • Where the driver is a minor—There are two legal theories under which parents may be held liable for injuries suffered in accidents caused by their minor children—negligent entrustment and vicarious liability. To recover under a theory of negligent entrustment, you must show that the parents knew or should have known of the child’s history of negligence or carelessness behind the wheel and let the child drive the family car anyway. Under a theory of vicarious liability, a parent who sends a child on an errand can be found responsible for injuries caused in an accident that occurs on that errand.
  • Where the accident was caused by a product failure—Under the law of product liability, anyone in the distribution chain may be found liable when injuries are caused by a dangerous or defective product. That includes the designer, manufacturer, distributor, wholesaler or retailer.
  • Where the accident was caused by a drunk driver—Dram shop and social host liability laws allow you to bring a personal injury claim against the person or establishment that served the alcohol.
  • Where the accident resulted from a roadway defect—A municipality may have liability if the accident was caused by a pothole, uneven roadway, missing sign or poorly designed curve or stretch of road.

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.

Looking for Evidence of Nursing Home Abuse and Neglect

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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?

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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

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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

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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

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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.

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