Law in the News - Aretsky Law Group, P.C.

Covid Disaster Spurs Legislative Overhaul of New Jersey Nursing Homes

Aretsky Law Group — Sat, 08 Aug 2020 19:37:34 GMT

Declaring that the Covid-19 crisis exposed and exacerbated pre-existing, longstanding problems within New Jersey nursing homes, two Democratic state legislators have introduced a series of bills designed to ensure long-term care facilities are better prepared to weather future emergencies and deliver “the highest quality care possible.”

State Senator Joseph Vitale and Assemblywoman Valerie Vainieri Huttle on July 31 announced legislation that is intended to put into effect recommendations made in an independent organization’s report on New Jersey nursing homes and their response to Covid-19. The bills’ backers reportedly hope to get the legislation fast-tracked through the senate and assembly and to the governor’s desk.

The bills seek to impose better protections for staff and residents in the event of public health emergencies, as well as improve resident care and the working environment.

“The Covid-19 pandemic has revealed cracks in our long-term care system,” the legislators said in a joint statement, describing state nursing homes as “particularly unequipped to mitigate the spread of the virus.”

“As a result, the impact … in these facilities has been devastating,” they stated, citing state death statistics of more than 6,700 residents and 120 nursing home employees to date. ”These numbers are unacceptable.”

Pandemic Command Center, Higher Pay for Staff Among Bills’ Provisions

The legislation is based on recommendations made by Manatt Health, an independent agency commissioned earlier this year by Gov. Murphy to review the state’s oversight of nursing homes.

Among other measures, the bills would:

Create an emergency operations center in the New Jersey Department of Health (DOH) to provide a centralized command and resource center for disease-outbreak response efforts in nursing homes;
Establish a long-term care advisory council to advise DOH on nursing home oversight;
Establish a state task force on nursing home quality and safety, which would recommend improvements in care, resident and staff safety, and workforce “engagement and sustainability.”

The bills would also raise pay and grant other benefits to nursing home workers. They would increase the minimum wage for direct-care staff and also give one-time, lump-sum payments to staff who provided “a certain volume of direct care services to residents” during the current pandemic.

The legislation would also impose tougher penalties on facilities that fail to meet already existing state and federal safety standards.

According to Insider NJ, the legislation has been referred to the Senate Health, Human Services and Senior Citizens Committee and the Assembly Aging and Senior Services Committee.

Contact a Respected Bergen County Nursing Home Abuse & Neglect Lawyer

Although state and federal laws designed to protect nursing home residents from unsafe conditions have existed for years, enforcement of these rules in New Jersey and most other states has been plagued by difficulties, leaving our most vulnerable citizens at risk. Elderly nursing home residents are often not in a position to report or complain about abuse or neglect, so much of it goes undetected. Further compounding the problem, many long-term care facilities are owned by for-profit companies that cut corners on staffing and care, leaving patients in the hands of poorly trained, overworked caregivers.

Indeed, the Center for Medicare and Medicaid Services, the federal agency tasked with overseeing and enforcing nursing home safety, has ranked nearly 30 New Jersey nursing homes as far below the national standard of care. Clearly, nursing home safety laws are meaningless without strong measures in place to enforce them and punish violators.

Aretsky Law Group P.C. has many years of experience holding negligent nursing home operators accountable for the harms they cause. If your senior loved one has suffered abuse or neglect in a New Jersey nursing home, we can put our expertise to use in pursuing compensation for their negligent care.

New Jersey BJ’s Slip and Fall Case Yields $1M Verdict

Aretsky Law Group — Mon, 15 Jun 2020 19:44:41 GMT

In the recent Middlesex County NJ case Gaguancela v. BJ’s Wholesale Club Inc, Norma Gaguancela was awarded a net verdict of $850,000 after falling and slipping at a BJ’s store location in East Rutherford, NJ. The floor at this particular location became slippery after a broken pipe led to water accumulation. According to reports, Gaguancela slipped and fell in the frozen food section on June 27, 2016. Gaguancela’s knee injuries include damage to both the meniscus and cartilage, and tears in her hip and shoulder. Medical expenses such as knee and ankle surgery were accrued in order to help Gaguancela recover. According to court records, Gaguancela, who is 64, stopped working as a bus driver due to impediments sustained from these injures. As such, the total suit claims $230,000 in medical bills and $122,000 in wage loss. In response, BJ’s claimed that Gaguancela’s pre-existing medical conditions are also causative factors that lead to her injuries. Accordingly, the Court allocated 15% of the blame to Gaguancela, reducing the total sum awarded from $1,000,000 to $850,000. As with other tort and negligence cases, assessing the legal liability of the negligent party can be accomplished by evaluating four critical elements. These elements are duty, breach of duty, causation, and damages.

Duty is the term used to acknowledge one party’s legal or contractual obligation to another party. For example, BJ’ owes a duty of care to its patrons to provide safe shopping conditions.
The Breach of Duty occurs when one party breaches their duty of care to the other party. In this example, BJ’s breached its duty of care by not addressing a water spill.
The third element required is Causation. Essentially, the court must be able to reasonably infer that the negligent party’s breach of duty directly caused the injury of the other party. For example, Gaguancela’s attorneys must prove that BJ’s negligence directly lead to the plaintiff’s injuries.
The fourth element is to prove Damages as the result of the negligence.

If you have been injured as the result of the fault of another, you need the experience of our Bergen County personal injury attorneys to properly identify the causes of action and the responsible parties. Even if you have a complex matter, our personal injury attorneys have the experience to represent you throughout New Jersey and are ready to fight for you in connection with wrongful death and severe injury cases. Our key areas of expertise include car accidents, dog bites, nursing home abuse, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, medical malpractice, and birth injuries. At Aretsky Law Group, P.C. our attorneys will upon being retained by you, immediately begin to investigate your case and gather evidence to build the strongest possible case on your behalf. Often we will employ private investigators to assist us in this investigation. Deploying these assets early on assists us to produce the strongest case on your behalf. We aim to outwork the other side and to be as prepared as possible to fight for you.

ShopRite Slip Personal Injury Case Settled for $1.5M

Aretsky Law Group — Fri, 23 Aug 2019 19:30:23 GMT

A prominent New Jersey personal injury case, Tomasi v. ShopRitewas recently settled on February 25, 2019. As the case details, Woodbridge resident Michael Tomasi slipped on grapes in the produce department of ShopRite in Woodbridge, NJ in December of 2015. While he did not directly fall onto the ground, Tomasi had to contort his body in an unnatural position in order to brace himself from further injury. Following the slip, Tomasi immediately experienced strong neck pain.

Since Tomasi already suffered from a pre-existing neck injury, the slip escalated his current conditions. As a result, he needed two surgeries. One of these surgeries was a spinal fusion surgery, which is known to be particularly intensive. According to the plaintiffs (Michael Tomasi and his wife Alison), ShopRite was responsible for cleaning the aisles of the store in order to maintain the safety of shoppers.

As with other tort and negligence cases, assessing the legal liability of the accused party can be accomplished by evaluating four critical elements of a personal injury case. These elements are duty, breach of duty, causation, and damages.

Duty is the term used to acknowledge one party’s legal or contractual obligation to another party. In the case of a Tomasi’s fall, ShopRite had a legal duty to provide a safe environment for patrons of the store.

The breach of duty occurs when one party breaches their duty of care to the other party. In the case of Tomasi, ShopRite breached their duty of care to Tomasi by neglecting to keep the aisles of their store intact.

The third element required in a wrongful death case is causation. Essentially, the court must be able to reasonably infer that the accused party’s breach of duty directly caused the injury of the other party. For example, Tomasi’s team of attorneys had to prove that without ShopRite’s negligence, Tomasi would not have slipped and furthered his pre-existing neck injury.

The final element of a personal injury case is damages. The state of New Jersey follows a modified comparative fault rule. Under this system, the party that is more than 50% cannot recover damages. On the other hand, the party that is less than 50% at fault (for example, 49% at fault) may recover those proportions of the damages. In addition to these compensatory damages, New Jersey personal injury settlements can also include unlimited damages for pain and suffering, which is considered a non-economic damage. Pain and suffering is deduced by considering how the injured party’s daily routine will be altered, lifestyle factors that are affected by the injury – such as sleep, and how the injury will impact the injured party in the long term.

The only damages that are capped for personal injury cases in New Jersey are punitive damages. Punitive damages are those that are intended to punish the party-at-fault for particularly hostile and/or dangerous behavior. In New Jersey, these punitive damages are capped at five times the compensatory damages or at $350,000 depending on which figure is larger in the particular case.

New Jersey Town Reduces Speed Limits, Citing Public Safety

Aretsky Law Group — Thu, 01 Aug 2019 00:28:52 GMT

Following a spike in the number of pedestrian strikes and personal injuries, North Haledon in Passaic County recently reduced speed limits on numerous roads in mid-February. The new ordinance dictates speed limit reductions on Belmont Avenue, High Mountain Road, North Haledon Avenue, and Squaw Brook Road.

Despite adequate notice being provided to local motorists, speeding violations have increased significantly since the ordinance was put into effect nearly six months ago. In fact, the amount of speeding tickets issued on those roads has increased from 13 to 148 during the year. Drivers who are issued speeding tickets typically pay between $85 and $420 in fines, depending on the particular incident and its severity. Contrary to assumption, these fees are usually allocated amongst the municipality, county government, and state government.

Officials reiterate that safety is the cornerstone of this new ordinance, citing over 200 car accidents in a 1.2 mile radius. Last year, an elderly man was hit on the road’s busiest stretch, and was seriously injured. Despite hospitalization, he has never recovered fully and still suffers from these personal injuries.

Car accident injuries prompted a New Jersey town to decrease speed limits.

Hopefully, these revised ordinances will help to reduce car accident related personal injuries for New Jersey’s residents. As a reminder, New Jersey follows a no-fault insurance system for car accident injury lawsuits. In this system, the victim’s insurance company must cover medical expenses. While this allows for timely reimbursement for out-of-pocket medical bills and other expenses, there are some limitations as well. For example, only in the most serious injuries can the victim sue for pain and suffering in addition to other pecuniary damages.

In the state of New Jersey, most residents purchase either a standard or basic insurance policy. There are several distinctions between these two policies. A standard insurance policy is typically more comprehensive, and allows for coverage of multiple options with the ability to purchase additional protections if necessary. On the other hand, a basic policy is more limited in its scope of coverages, and is therefore typically better suited for an individual with less assets and dependents. For example, under a typical New Jersey basic insurance policy, bodily injuries are not included, but usually can be added as an option with up to $10,000 in coverage for all persons.

If you or a loved one is injured in a car accident, our team of experienced car accident and personal injury attorneys at Aretsky Law Group P.C. recommend the following protocol to secure your assets and legal rights:

Immediately call your insurer to report factual information about the car accident.
Report the accident to local police and request a copy of the official report that the officer has filed.
Seek the help of a medical professional, even if you are not experiencing immediate pain following the accident.
Exchange information with the other driver in order to maintain honest communication.
Transcribe any information from the accident, either through writing or if possible, using a voice recorder device or smartphone.
Contact a reputable car accident attorney at Aretsky Law Group P.C.

At Aretsky Law Group, P.C, our team of experienced car accident and personal injury attorneys have the experience to help you or a loved one navigate the complexities of New Jersey car accident insurance policies and lawsuits. Our team has experience working with a variety of car accident types, including hit and run auto crashes, drunk and distracted driving lawsuits, rear-end collisions, T-bone collisions, and head-on collisions. As a reminder, there is a two year statute of limitations on car accident law in the State of New Jersey, so it is advised to pursue your lawsuit as soon as you and your family are ready.

Law Day 2017 and The Fourteenth Amendment : Transforming American Democracy

Aretsky Law Group — Tue, 25 Apr 2017 18:28:55 GMT

Law Day 2017 & The Fourteenth Amendment : Transforming American Democracy

May 1 has been proclaimed Law Day by every President of the United States since Dwight D. Eisenhower. It is observed throughout the nation as a day to celebrate the freedoms we enjoy, to reflect upon the ideals of liberty and justice that we hold dear, and to instill—especially in young people—an abiding respect for the law.

Every year the American Bar Association chooses a different theme for the observation. This year’s choice is “The Fourteenth Amendment: Transforming Democracy.”

The Reconstruction Amendments

Along with the Thirteenth Amendment (1865) and the Fifteenth Amendment (1870), the Fourteenth Amendment, adopted in 1868, is one of the so-called Reconstruction Amendments.

The Thirteenth Amendment freed the slaves
The Fourteenth Amendment detailed the rights of the newly freed slaves.
The Fifteenth Amendment prohibited federal. and state governments from denying a citizen the right to vote based on that citizen’s “race, color, or previous condition of servitude.

The Fourteenth Amendment

Comprising five sections and longer than any other amendment, the Fourteenth Amendment is the basis for much of the important civil rights legislation of later years.

Section 1

Section 1 contains the most far-reaching clauses; these were crucial to the Civil Rights Movement:

Citizenship Clause
Equal Protection Clause
Due Process Clause

Citizenship Clause: This clause granted citizenship to all persons born or naturalized in the United States. The freed slaves were now considered citizens; however, Congress did not declare all Native Americans born in the United States citizens until 1924.

Equal Protection Clause: This prohibited the federal government or a state from denying anyone within its jurisdiction the equal protection of the laws. Before the passage of this amendment, the Bill of Rights was interpreted as applying only to the federal government.

Due Process Clause: This clause states that no one can be denied “life, liberty or property, without due process of law.”

Section 2

Section 2 gave male citizens over the age of 21 the right to vote. This was modified in later years to eliminate discrimination based on gender as well as race.

Section 3

Section 3 provided that no-one who has engaged in rebellion against the United States can hold an office. As a result, leaders of the Confederacy were not allowed to vote or hold federal office unless 2/3 of both houses of Congress voted in favor or allowing them to regain citizenship.

Section 4

Section 4 stated that claims of debt to the Confederate States or to former slaveholders for the loss of their slaves would be considered illegal.

Section 5

Section 5 gave Congress the authority to enforce the provisions of the amendment.

Impact on Many Areas of the Law

The passage of this amendment ensured that the rights described in the Bill of Rights would apply to the individual states as well as to the federal government. A state can offer a greater right, but it cannot limit the right without due cause.

The Fourteenth Amendment has had a profound effect on most areas of the law. In fact, its Equal Protection Clause is among the most frequently litigated clauses in the Constitution.

Family Law

Many family law cases involve rights covered by the Fourteenth Amendment. These are just a few examples:

freedom of personal choice when dealing with marriage and family issues;
the right to make decisions about the care, custody, and nurture of one’s children;
a father’s right to have a relationship with his children; and
the right to be protected against domestic violence.

Employment Law

New Jersey’s Law Against Discrimination specifies protected categories and prohibits discrimination and harassment based on any of them. Specifically named are race, religion, ancestry, gender, physical disability, mental disability, sexual orientation, marital status, and age.

Criminal Law

The amendment explicitly prohibits states from violating an individual’s rights of due process and equal protection of the laws. It ensures that states, and not just the federal government, must protect the rights of all citizens accused of a crime. Landmark Legislation

The Fourteenth Amendment has played an important role in legislation from its inception to the present time.

Plessy v. Ferguson (1896): In this landmark case the Supreme Court ruled that segregation was constitutional provided the facilities were equal. This “separate but equal” opened the way for the Jim Crow South.

Brown v. Board of Education (1954): In Brown v. Board of Education of Topeka in 1954, the Supreme Court ruled that “separate educational facilities are inherently unequal” and, therefore, violated the Equal Protection Clause of the 14th Amendment. Desegregation was ordered. It overturned Plessy v. Ferguson. Roe v. Wade (1973): The Supreme Court affirmed the legal right of a woman’s right to have an abortion under the Fourteenth Amendment.

Bush v. Gore (2000): This Supreme Court decision resolved the dispute surrounding the 2000 presidential election. It ruled that the recount violated the 14th Amendment’s Equal Protection Clause because different standards of counting were used in different municipalities. The recount did not take place, and George W. Bush became President.

Obergefell v. Hodges (2015): In this landmark case, the Court ruled that same-sex couples are guaranteed the right to marry by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

Law Day Observances

No matter how your community observes Law Day, it is a good time to reflect on the importance of the rule of law in our society and to be thankful for the many liberties we enjoy as citizens of the United States—due in great part to the Fourteenth Amendment.

If your fourteenth-amendment rights have been threatened, you should contact an experienced New Jersey attorney. Aretsky Law Group, P.C., protects the rights of clients in these areas: divorce and family law, employment law, municipal-court cases, personal injury and medical malpractice, and domestic violence. Call Aretsky Law Group, P.C. at 800-537-4154 number or email Mr. Aretsky at Eric@aretskylawgroup.com for your initial consultation. You may also view our firm overview, attorney biographies and our areas of practice when you visit our website at www.aretskylawgroup.com.

Marcia K. Werner Honored as 2016 Professional Lawyer of the Year

Aretsky Law Group — Mon, 21 Nov 2016 14:24:36 GMT

Marcia K. Werner of Aretsky Law Group, P.C., located in Hackensack, NJ, has been named Professional Lawyer of the Year for 2016 by the Bergen County Bar Association and the New Jersey Commission on Professionalism in the Law. This prestigious award is bestowed annually upon lawyers throughout the state whose “conduct, competence and demeanor set a positive example for others in the legal profession.” It is presented in the memory of the Honorable Peter Ciolino. The award is granted in memory of the distinguished jurist and attorney whose nearly 50-year career left an indelible impression on the legal profession in New Jersey. The award presentation dinner was held on October 20, 2016 at Seasons in Washington Township, New Jersey.

Ms. Werner received the Commission on Professionalism in the Law’s Professional Lawyer of the Year Award during a ceremony on November 3, 2016 at the Imperia in Somerset. N.J. The Commission bestows the Professional Lawyer of the Year award annually to one lawyer from each county bar association across the state, as well from each affinity bar association in the state.

Ms. Werner is widely respected, having served as President of the Bergen County Bar Foundation, as Vice-President of Women Lawyers in Bergen, and as a Trustee of the Bergen County Bar Association.

During the course of her career, Ms. Werner has earned a reputation for successfully handling divorce and family law litigation in the New Jersey courts, and a record of successfully representing her clients in divorce and family law mediation as well as collaborative divorce, negotiations and skillfully handling complex matrimonial matters. She has substantial expertise in negotiating and drafting marital settlement agreements, prenuptial agreements and child custody/parenting time plans. She also has experience in addressing post judgment change in circumstances motions and relocation of children motions. She also mediates divorce and family law matters.

Aretsky Law Group, P.C. is a New Jersey divorce and family law firm with offices in Hackensack, Oradell, Woodland Park, and meeting locations by appointment only throughout New Jersey. For more information, visit www.aretskylawgroup.com.

Law Day 2016 Observed in New Jersey Schools

Aretsky Law Group — Thu, 28 Apr 2016 12:37:23 GMT

Aretsky Law Group is honored that one of its dedicated attorneys, Natalie Esposito Capano, will be volunteering her time and expertise to neighboring New Jersey schools as a way to encourage this year’s observance of Law Day. Law Day is not a government holiday, but beginning in 1958, the first of May has been officially declared Law Day by every President of the United States.

On May 2nd, Ms. Capano will speak to various groups of students at Brookside School in Allendale, NJ, as well as with justice-studies students at Montclair State University. The subject of both presentations will be Miranda: Not Just Words, which is the theme of Law Day 2016. It was selected to commemorate the 50th anniversary of the Supreme Court decision that resulted in the requirement that law enforcement officials warn those in custody of their rights.

Ms. Capano was quoted in the press release as saying, “Nothing is more important than our kids and their education. I am honored to speak to the students and provide information which will not only help my own children but also bring value to all children in our district. Taking part in Law Day observances offers me a way to share my knowledge and give back to my community.“

Aretsky Law Group is a family and community-focused law firm with New Jersey attorneys practicing Family Law & Divorce, Criminal Law, Personal Injury Law and more. We are pleased to have Natalie as part of our team and happy to share her community participation.

For more, the full press release can be found here: Aretsky Law Group Offers Law Day Presentations to Local Schools & University in New Jersey

Law Day 2016 – 50th Observance of Your Miranda Rights

Aretsky Law Group — Mon, 11 Apr 2016 13:58:56 GMT

What is Law Day? Law Day is observed in many communities throughout the United States as a day to appreciate our American heritage of liberty, justice and equality under the law. It is a day to reflect on the importance of the rule of law in our society and to reflect on how fortunate we are to live in a nation that affords us the rights and protections under those laws. This 2016 year, Law Day will focus its theme on our “Miranda” Rights.

Law Day is not a holiday; it is an observance. Banks, post offices, and government offices do not close. Neither do schools. In fact, many Law Day activities focus on education. We see yearly writing contests, art contests, and other competitions and activities centered around the theme of the law for that year. Special Law Day programs are also held. An example is the one sponsored yearly by the Superior Court of New Jersey, Essex Vicinage. Some school districts invite attorneys to their classrooms to discuss their particular area of expertise: Criminal Law, Domestic Violence issues or other Family Law matters, etc.

The first Law Day was observed on May 1, 1958. It was proclaimed by President Eisenhower to celebrate our legal system and honor the importance of the rule of law in the founding of our nation. Three years later–in April 1961—the United States Congress passed a joint resolution recognizing May 1 as Law Day.

How Did Law Day Originate?

The idea of having a Law Day was proposed by the American Bar Association in 1957. May 1 was selected as the date Law Day would be observed in order to disassociate that date from the celebration of May Day, which was being observed in many countries throughout the world. May Day, also known as Labour Day and International Workers Day, had become increasingly associated with communist ideology. Although Labor Day in the United States had already been moved to September, it was hoped that proclaiming May 1 Law Day would further distance the date from May Day in the United States.

Why Observe Law Day?

The joint resolution passed by Congress in 1961 described Law Day as “a special celebration by the people of the United States.” It described the purposes of this celebration:

to show appreciation of the liberties we enjoy in this nation;
to reaffirm loyalty to the United States;
to rededicate ideals of liberty and justice under the law; and
to cultivate respect for the law.

This Year’s Theme

Law Day is not a federal holiday, but May 1 has been proclaimed Law Day by every President from President Eisenhower to President Obama. Each year the American Bar Association chooses a different theme for celebration. The theme for Law Day 2016 is Miranda: More than Words. Miranda: More than Words

The theme Miranda: More than Words was selected because June 13, 2016, marks the 50th anniversary of the United States Supreme Court ruling on which the Miranda warning is based. On that date the Supreme Court handed down its decision in Miranda v. Arizona. Miranda had been convicted of kidnapping and rape, and his conviction had been upheld by the Court of Appeals.

The Supreme Court decision resulting in what is now known as the Miranda warning actually concerned four separate cases. In each of the four cases, the defendant was questioned without first being informed of his constitutional rights. The questioning of all four resulted in oral confessions; three of the defendants also gave written statements. All four defendants were convicted, and three of the convictions were upheld in a court of appeals.

These cases finally went to the United States Supreme Court. There were two main issues to be decided:

Can statements made during a custodial police interrogation be used against a defendant in a criminal trial?
Must steps be taken to be certain that the individual is not forced to incriminate himself?

The Court reversed all three judgments that had upheld the convictions and affirmed the judgment that had overturned the conviction. In doing so, the Court ruled that “the prosecution may not use statements resulting from custodial interrogation unless steps have been taken to advise the individual of his rights.” The result was what is now known as the Miranda warning, or Miranda rights.

Miranda was later retried without the confession and convicted.

Miranda Warning

The Miranda warning makes certain provisions regarding the questioning of a suspect in custody. These provisions must be met in order for any statement or piece of evidence supplied by the suspect to be used in a court of law. The suspect must be informed that…

he has the right to remain silent;
anything he does say may be used against him in a court of law;
he has the right to have an attorney present before any questioning if he so desires; and
if he cannot afford an attorney, one will be appointed for him.

The Supreme Court decision in Miranda v. Arizona did not give suspects any legal rights they did not have prior to the ruling; nevertheless, it was one of the most important decisions in the history of the Supreme Court. The Miranda warning ensures that those being interrogated understand their constitutional rights.