Personal Injury - Aretsky Law Group, P.C.

What you should know if you are bitten by a dog in New Jersey

Aretsky Law Group — Sat, 20 Feb 2021 19:24:25 GMT

According to the American Animal Hospital Association (AAHA), nearly five million people are bitten by dogs in the U.S. every year, many of them children bitten by pets. Dog bites can cause severe puncture wounds and lacerations, and even serious tissue and nerve damage if the bite is deep enough, and transmit diseases including rabies.

In most personal injury cases, the onus is on the person who brings the lawsuit to prove that the defendant’s negligent acts caused them measurable harm. Dog bite cases are among the few exceptions. Dog owners in New Jersey are subject to strict liability for bite injuries caused by their dogs, which means that the bite victim doesn’t have to prove the owner neglected to use reasonable care to successfully sue for damages in most instances.

New Jersey Statutes section 4:19-16 imposes automatic liability on the dog’s owner 1) when the person bitten is in a public place or lawfully in a private place, 2) regardless of any prior aggression by the dog or its owner’s knowledge of it. The owner is liable even if he or she took reasonable steps to leash or restrain the dog and even if it has never bitten or hurt anyone before.

Dog owners are strictly liable for bite injuries to persons legally present on their property, as long as the person wasn’t trespassing or committing another crime. This includes guests, mail carriers, delivery people, tenants and their guests, utility meter readers, law enforcement and others.

Which dog breeds bite most, and why?

According to AAHA, the dog breeds most associated with bite injuries are pit bulls, mixed breeds, German shepherds, and Rottweilers. Among the breeds considered to have the lowest bite risk are dalmations, Pekingese, Great Danes, and pointers. However, any breed can bite under the right circumstances. Dogs bite when they’re afraid, when unsuspecting children are playing rough with them or pulling their tail, out of territoriality (protecting their master), and even when being playful. Any dog belonging to another person should be approached carefully, and children should be taught safe ways of interacting with them.

New Jersey requires dog owners to use reasonable care restraining their dogs based on the dog’s history. If a dog bites or makes an unprovoked attack on a person or pet, there is a civil procedure whereby at a law enforcement officer’s discretion, the dog may be impounded and possibly designated a “potentially dangerous dog” after a hearing. If the dog is so designated, its owner must take several steps in order to keep the dog:

Purchase a special license
Use proper measures to restrain and enclose the dog, such as a muzzle
Post signs on their property warning a dangerous dog is present

Failure to take these actions could subject the canine’s owner to fines of up to $1,000 per day.

What kind of compensation can I get for a dog bite injury?

If you are bitten by a dog in New Jersey and suffer injuries, you could be compensated for your medical bills, lost time from work, and even intangible damages such as pain and suffering, disfigurement and emotional distress. In addition to physical scars, many people attacked by dogs suffer lingering psychological trauma including PTSD and subsequent fear of dogs.

All you need to prove under the strict liability doctrine is that the defendant, or person you are suing, was the legal owner of the dog that bit you. It is important to get photos of your bite wound as well as collect all medical records and bills associated with your injury. If the dog owner owns a home, often their homeowner’s insurance policy will cover the liability.

Contact a Bergen County dog bite lawyer

Aretsky Law Group P.C. represents New Jersey dog bite victims as part of its personal injury practice. Call us today for a free consultation.

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.

Eighteen New Jersey Medical Professionals Face Charges

Aretsky Law Group — Tue, 01 Oct 2019 01:31:16 GMT

Eighteen New Jersey medical professionals have faced legal trouble during the past year due to reasons such as opioid, sex, fraud, or stabbing charges involving patients. Some of these cases include a registered nurse who stabbed a 10-year old autistic child with a needle when he was behaving disruptively. The nurse, Naomi Derrick of Sicklerville, supposedly threatened the autistic child with a needle while he was being hospitalized in an Atlantic City psychiatric unit.

According to reports from the Office of Attorney General, Derrick stabbed the child at least six times throughout the duration of the 12 hour shift. Derrick’s conduct was recorded using a security camera found in the room, which revealed footage of her stabbing the child on his “upper arm, thigh, kneecaps, [and] foot and hand” resulting in an accumulation of blood droplets. Derrick claims she did not actually stab the child, but did admit to using the needle as a threat to encourage good behavior.

Other cases of poor ethics in the New Jersey medical community include individuals who have been accused of taking bribes, such as the case of a Bergen County pharmacist, Eduard Shtindler, who is charged with conspiracy for health care fraud. Shtindler supposedly paid kickbacks to a Hudson County based psychiatrist in order to provoke the doctor to direct his patients to the pharmacy that Shtindler owns in West New York. This scheme resulted in nearly $3 million worth of medications prescribed by the doctor which were filled by Shtindler’s pharmacy.

Unfortunately, these cases of violations of healthcare ethics are becoming prevalent.

Medical malpractice is a leading cause of personal injury and wrongful death lawsuits in New Jersey. Unfortunately, while we typically expect hospitals and doctors to treat us with optimal care, this is not always the case. There are a plethora of errors that medical professionals and institutions make regularly, including issues with surgical techniques, anesthesia, birth injuries, and bedsores. In fact, it is estimated that there have been over 300,000 premature deaths attributed to medical malpractice in the United States each year.

Poor conduct by doctors can also take place in nursing homes and long-term care facilities. Commonly, this conduct includes bed sores, dropped patients, choking, medication errors, and dehydration. The Department of Health in the United States holds nursing homes to a high standard, outlined in the Nursing Home Reform Act of 1987. This provided many protections to patients and their families, including the ability to monitor and update the patient’s Care Plan. Nursing home facilities must be in compliance with these federal regulations in order to receive tax dollars from Medicare and Medicaid to fund operations.

Unfortunately, these regulations are often not enough. If you or loved one has suffered from nursing home abuse or experienced poor care from a trusted medical professional, contact the Aretsky Law Group P.C. in order to protect your family’s rights and ensure that you are properly compensated for any violations of patient rights that may have occurred.

Governor Murphy Signs New Law to Impact Car Accident Injury Victims

Aretsky Law Group — Sat, 14 Sep 2019 22:50:30 GMT

New Jersey governor Phil Murphy recently passed a lawthat erases rules that previously “slammed New Jersey auto accident victims with up to $250,000 in medical bills” for accidents that were not the victim’s fault. The law is designed to help those who purchase cheaper auto insurance plans that can leave them with insurmountable amounts of debt in the event of a car accident.

In addition to a comprehensive $250,000 personal injury protection plan that comes with most New Jersey car insurance policies, the state also permits a less expensive option that only covers up to $15,000 in personal injury protection. While this option can be a less costly month-to-month alternative, it can set drivers back tens of thousands of dollars even if they are not at fault for their accident.

The legal action has been inspired by the story of 27-year-old Josh Haines, a New Jersey resident who was saddled with tens of thousands of dollars in debt after a car accident he was involved in eight years ago. According to Josh, “’I’m left in the dark … this was eight years ago and it’s still setting me back.’” In 2011, Josh was driving from Camden County Community College when he was struck by a vehicle that was hydroplaning. His medical bills totaled $30,000, which is nearly double what his less-expensive insurance plan covered.

New Jersey’s no-fault insurance policy can often be difficult to navigate. Being one of the few states that follow the no-fault insurance system, your own insurance company must cover your medical expenses and other expenses that result as a consequence of your car accident. Fortunately, this system allows for medical expenses to be paid quickly to avoid a delay in receiving your reimbursement for out-of-pocket medical bills and other expenses.

There are several limitations of the no-fault insurance system regarding car accident injuries in the State of New Jersey. For example, if you elect the tort threshold, only in the most serious injuries can the no-fault policy provide you with the legal right to sue for pain and suffering in addition to other traditional expenses and damages associated with the case. This is one of the flaws associated with the no-fault insurance system in New Jersey.

In a no threshold policy, the policyholder retains the right to sue the person who caused the accident. On the contrary, in a tort threshold policy, there is an established arrangement that dictates that the policyholder does not retain the right to sue the party who caused the accident for pain and suffering damages unless their injuries meet the injury threshold. On the contrary, under a typical basic insurance policy, bodily injury liability is not included but can be added as an option up to $10,000 for all persons. Property damage is limited to $5,000/accident. Similar to the standard policy, personal injury protection in a basic insurance policy can range from $15,000/person to over $250,000/person in the event of certain injuries. Lastly, the holder of a standard insurance policy has the option to select a limited right to sue the person who caused the accident. Unlike a standard policy, there is no option to select an unlimited right to sue the party that caused the accident. As you can see, the basic policy has a more limited scope that offers less protection for the policyholder, though at a reduced cost.

At Aretsky Law Group P.C., our team of Bergen County car accident attorneys can help you navigate the often complex legal matters that arise from this unique insurance system.

Understanding the Complexities of Slip and Fall Cases

Aretsky Law Group — Tue, 03 Sep 2019 16:00:47 GMT

Slip and fall cases are some of the most complex personal injury cases to litigate due a variety of compounding factors. For one, the plaintiff must be able to attribute their fall to the place of business’ negligence. This is particularly difficult to prove, considering that in order to assert the business owner’s negligence, there must be proof that they had previous knowledge of faulty conditions and did not make adjustments accordingly.

Slip and fall cases are often difficult to litigate due to burden of proving negligence.

Foremost, it is important to acknowledge that slip and fall cases are typically considered negligence cases and thereby must follow the same legal patterns as negligence cases. As with other tort and negligence cases, assessing the legal liability of the accused party can be accomplished by evaluating three critical elements of a slip and fall case. These elements are duty, breach of duty and causation.

Duty is the term used to acknowledge one party’s legal or contractual obligation to another party. In the case of a slip-and-fall case, the business owner owes a legal duty of care to provide a safe environment.

The breach of duty occurs when one party breaches their duty of care to the other party. In this example, the store owner would have breached their duty of care to the decedent by providing an unsafe environment with minimal warning to the patron. This could manifest itself in many ways, such as the presence of slippery fluid on the floor without appropriate warning or signage.

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 death of the other party. The court must also be able to prove that the owner is truly negligent – that is, that they were aware of unsafe conditions and didn’t act to amend them. For example, in the case of a slip-and-fall, it must be reasonably assumed that the business owner was notified of a slippery substance on the floor, and decided not to fix it anyway.

Following this example, it is clear that the burden of proof is often tied to the plaintiff. This became increasingly frustrating for claimants seeking legal reparations for their injuries. However, there is a landmark New Jersey supreme court case titled Wollerman v. Grand Union Stores, Inc(1966) which modified this. The Wollerman ruleprovides an understanding that some businesses naturally interact with their patrons in a more risk-prone way. For example, a grocery store with open fruit and vegetable bins can inherently lead to more produce on the floor and more possible slips. As such, It is the responsibility of the business to make sure that their customer safety protocol is in line with the risk level of their operations. Following this method, the burden of proof shifts from the plaintiff to the defendant.

At Aretsky Law Group P.C., we understand how difficult it can be for your family to deal with a slip-and-fall, and we hope to provide legal guidance during this upsetting and often frustrating time. We understand that there are nuanced complexities following each personal injury case, and are here to help you navigate the legalities of these varying situations.

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 Experiences a Rise in Nursing Home Abuse Cases

Aretsky Law Group — Fri, 02 Aug 2019 16:45:35 GMT

In New Jersey and across the United States, nursing home abuse cases have been on the rise. In fact, at Boonton Care Center in Morris County, NJ, a patient was recently pulled off of the toilet by her hair at the hands of an abusive CNA (certified nursing assistant). As with many nursing home abuse cases, witnesses can be intimidated and refrain from reporting the poor behavior. To complicate matters, many victims of nursing home abuse are incoherent and suffer from degenerative diseases such as Alzheimers and dementia that can make it difficult for them to recall traumatic abuses. Typically, residents without regular visits from loved ones and friends are most susceptible to nursing home abuse.

Nursing Home Abuse in New Jersey

According to the Centers for Medicare and Medicaid Services, “abuse related citations nationwide are on the rise, jumping from 3,083 in 2016 to 4,107 in 2018”. Last year alone, there were over 350 complaints filed to the hotline controlled by New Jersey’s long term care ombudsman. Clocking in at 364 reported incidents, the bulk of nursing home abuse cases in New Jersey in 2018 are classified as “resident-to-resident physical or sexual abuse”. Notably, verbal abuse is another popular mechanism of mistreatment at long-term care facilities.

While many cases of nursing home abuse are perpetrated by caretaker and CNA’s who work at the facility, there are also a multitude of cases involving other residents inflicting distress on to other residents. However, it is the responsibility of the center to appropriately assess this threat and mitigate the danger that unruly residents may cause to other patients.

As the global population ages due to improved medical and technological advancements, nursing home abuse becomes a more prevalent issue. For example, a 2008 survey indicates that the elder population is expected to reach 84 million by the year 2050.

Why Does Nursing Home Abuse Occur?

According to data from the Center for Disease Control (CDC) there are more than 15,000 nursing homes in the United States. Out of this figure, roughly 70% are for-profit institutions. Since these centers rely on profits to survive, nursing home management often hires inexperienced or poorly trained staff in order to cut costs and increase their profitability. This can be considered absurd, taking into account the rising cost of long-term care in the United States. Since many patients pay centers upwards of $80,000 annually for care, they expect a higher standard of care.

The Department of Health in the United States holds nursing homes to a high standard, outlined in the Nursing Home Reform Act of 1987. This provided many protections to patients and their families, including the ability to monitor and update the patient’s Care Plan. Nursing home facilities must be in compliance with these federal regulations in order to receive tax dollars from Medicare and Medicaid to fund operations.

Contact a Reputable Nursing Home Abuse Attorney

Unfortunately, these regulations are often not enough. If you or loved one has suffered from nursing home abuse, contact the Aretsky Law Group P.C. in order to protect your family’s rights and ensure that you are properly compensated for any violations of patient rights that may have occurred at a nursing home.

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.

Wrongful Death Lawsuit Filed Following the Death of Westfield, New Jersey Principal

Aretsky Law Group — Thu, 25 Jul 2019 18:42:08 GMT

A wrongful death lawsuit was recently filed by the fiancée of treasured New Jersey school principal Derrick Nelson, following his April 7, 2019 death. Nelson, 44, was the principal of Westfield High School in Westfield, New Jersey, and died while receiving bone marrow transplant surgery at Hackensack University Medical Center. Nelson was undergoing the surgery in order to donate his bone marrow to a 14-year old boy suffering from cancer in France, when the procedure went awry. Nelson’s fiancée Sheronda Braker has sought the counsel of New Jersey wrongful death attorneys to litigate this matter.

Nelson perished after falling into a coma during the transplant surgery. According to his family, Nelson should have not been administered anesthesia during the surgery due to preconditions such as sleep apnea and being overweight, which medical personnel should have recognized. The lawsuit acknowledges that Nelson had an oxygen level of 91 when he was administered anesthesia, which is not considered medically appropriate.

According to the suit, filed by Nelson’s fiancée Sheronda Braker, the eleven defendants breached the standard of care by taking too long to recognize the bradycardia that Nelson was suffering from, and failing to provide adequate ventilation, eventually leading to Nelson’s coma.

The complaint accuses the eleven defendants of negligence. In a wrongful death suit, the plaintiff must establish legal liability by proving that the defendant owed a duty of care to the patient, indicate that the defendant breached this duty of care, and lastly, that the breach of the duty of care directly caused the wrongful death. In the case of Nelson, the attorney representing Braker must make a strong case to prove that Nelson’s death is directly caused by the medical professionals’ failure to recognize and mitigate the concerns surrounding the administration of anesthesia.

According to the attorney representing Sheronda Braker, “Nelson would ‘absolutely’ still be alive today if [the defendant] had noticed the red flags and never started the procedure”. As such, providing sufficient evidence linking the defendant’s lack of oversight to Nelson’s death will be critical to succeeding in the lawsuit.

A final important element of wrongful death case is establishing damages. According to the New Jersey Wrongful Death Act, only pecuniary damages may be awarded to the plaintiff in the event of a victory. As the Act describes, “the purpose of the award is the replacement of services that the decedent would have rendered and nothing more”. This includes loss of income, loss of services, and funeral expenses. Each of these figures is typically deduced by a court-appointed economist.

Medical malpractice is one of the leading causes of wrongful death lawsuits in the United States.

Unfortunately, medical malpractice lawsuits are commonplace. In fact, over 300,000 premature deaths are attributed to medical malpractice in the United States each year, following car accidents. At Aretsky Law Group P.C., we recognize the grievance, and frustration that a wrongful death can have on your family. Our dedicated team of Bergen County wrongful death attorneys will work with you and your family to help navigate the legal complexities of a wrongful death suit and help you to regain an element of composure in your life following the death of a loved one. Keep in mind that due to the statue of limitations in New Jersey, your wrongful death claim must be filed within two years of the incident.

What to Do Following a New Jersey Car Accident

Aretsky Law Group — Thu, 20 Jun 2019 21:33:38 GMT

Nobody plans on getting into a New Jersey car accident. However, according to the New Jersey Department of Transportation, there are approximately 270,000 car accidents in the state each year. Of those, a driver or passenger is injured in over 60,000 accidents. In a state with a population of less than 9 million, this is a particularly startling statistic.

Given the fact that many New Jersey residents will be involved in a car accident at some point in their life, it is worth being prepared. The moments after an accident can be a blur, and motorists will benefit from committing a few important steps to memory. Better yet, the list below can be printed out and placed in the glovebox.

Check for injuries – Immediately after an accident, motorists should check to see if they are injured. Motorists should be careful just because there are no visible injuries does not mean that there was no damage caused by the accident.
Do not admit fault – It is natural to speak to the other motorists involved in the collision; however, resist admitting fault or apologizing for your driving. It will ultimately be up to a judge or jury to determine who was at fault, and your statement may be used against you.
Keep your cool – Some drivers get angry after an accident. Motorists should do everything they can to avoid escalating the situation.
Exchange information – New Jersey law requires motorists who are involved in an accident remain at the scene and exchange information, including name, address, contact information, driver’s license number, license plate number, and insurance information.
Document the scene – When possible, motorists should photograph the scene and talk with any witnesses. While police officers should do this, there is no guarantee that they will, and this information could be critical to a subsequent New Jersey car accident lawsuit.
Call the police – The law in New Jersey requires that motorists call the police if they were in an accident resulting in injuries or property damage. The responding police officer should complete a police report, which can be helpful to memorialize what happened.

Motorists who have recently been in an accident should be wary when dealing with insurance companies — even their own. Insurance companies are for-profit companies that rely on taking in more money in monthly premiums than they pay out in claims. Thus, it is not uncommon for insurance adjusters to “low ball” accident victims in hopes of settling their claim for far less than it is worth. Other times, insurance companies deny an accident victim’s claim by citing complex language in the insurance policy in hopes that they do not consult with an attorney. New Jersey accident victims should be sure to speak with someone whose interests are aligned with their own.

Have You Been Injured in a New Jersey Car Accident?

If you or a loved one has recently been injured in a New Jersey car accident, the dedicated personal injury lawyers at the Aretsky Law Group, P.C. can help. At the Aretsky Law Group, we have recovered millions of dollars for our clients over the past 28 years. We represent car accident victims in Bergen County and across New Jersey. To learn more about how we can help you with your situation, call 800-537-4154 to schedule a free consultation today.

Eric J. Aretsky, Esq. selected by peers as a 2019 Bergen Top Personal Injury Lawyer as seen in 201 Magazine

Aretsky Law Group — Mon, 10 Jun 2019 22:00:56 GMT

Aretsky Law Group, P.C. congratulates partner, Eric J. Aretsky, Esq. for being selected by his peers as a 2019 Bergen Top Personal Injury Lawyer as seen in 201 Magazine June 2019. Mr. Aretsky is devoted to fighting for the monetary compensation that accident victims deserve for their injuries.

Eric J. Aretsky, Esq. selected as a 10 Best Personal Injury Attorney

Aretsky Law Group — Tue, 08 Jan 2019 18:14:25 GMT

We are pleased to announce that our Managing Partner, Eric J. Aretsky, Esq. has been selected

by the American Institute of Personal Injury Attorneys (AIOPIA) as a 10 Best Personal Injury Attorney in New Jersey. Mr. Aretsky is devoted to fighting for the monetary compensation that accident victims deserve for their injuries.

STEPS IN THE AIOPIA SELECTION PROCESS

STEP 1: The Attorney must be nominated by the Institute, Client, and/or Peer.

STEP 2: Our review committee researches the Attorney for the below criteria narrowing the nominations down to ensure that all the above criteria is met or exceeded.

Many aspects of the Attorney and his/her career are considered including:

Must be formally nominated by the Institute, Client, and/or Peer
Must have an impeccable Client Rating rating
Must not have faced or been subject to any Attorney Grievance Committee
discipline
Must be a member in Good Standing of their State Bar
Must have excellent Client/Peer Reviews
Possess Advanced Degrees
Awards received
Professional Associations and their activity in such Associations
Publications in their field
Speaking engagements in their field

STEP 3: The list of the “10 Best” nominations goes to the final selection process where the 10 Best Attorneys representing the Best of the Best are selected.

The Basics of Personal Injury Law in New Jersey

Aretsky Law Group — Tue, 18 Sep 2018 20:03:04 GMT

Personal injury law in New Jersey can be defined as any bodily injury or emotional distress a person suffers. When that harm is caused in whole or part by another party’s negligent, careless, reckless, or intentional behavior, then the injured party may be entitled to collect compensation.

In order to learn more about your rights and what you can do to protect those rights, it is important that you understand some basic facts about personal injury law in New Jersey.

Personal injury law is a branch of civil law that deals with legal disputes that arise when one party, the plaintiff, holds another party, the defendant, responsible for harm suffered as a result of an accident. In order to receive compensation, or damages, from the defendant, the plaintiff must prove that the defendant was, in fact, at fault.

Read more: New Jersey Personal Injury Law Negligence plays an important role in personal injury law. It is assumed that we have the right to expect others to bhave in responsible, safe ways. If someone acts in a careless or reckless manner and that behavior results in harm to another person, then that behavior is a form of negligence.

Personal Injury

Although most personal injury cases are based on the concept of negligence, there are some instances where strict liability is in play.

Examples of strict liability: If an injury was caused by a defective product, the plaintiff does not have to show negligence. Instead the plaintiff must show that the product was unsafe when used as intended. If this is done, then the designer and/or manufacturer of the product will be held responsible. Also, strict liability applies to injuries sustained as the result of a dog bite in New Jersey.

Of course, the first thing you should do when injured is to seek medical assistance. However, if you believe that your injury was due to someone else’s negligence, then as soon as possible you or someone acting on your behalf should think about contacting a NJ personal injury lawyer.

Before doing so, think about the following questions. The answers to them will help your attorney evaluate your case and advise you as to the best way to proceed.

How serious were your injuries?
Did your behavior contribute in any way to the accident?
What medical expenses did you incur?
Did your insurance cover those expenses?
Were you required to purchase any special medical devices or equipment?
How much pain and suffering did you endure?
Are you still suffering?
Did you lose wages because of your injury?
Are you now able to work? If not, is this inability permanent?
Have your lifestyle and relationships changed because of your injury?

According to the New Jersey Statute of Limitations, most personal injury cases must be filed within two years of the occurrence of the injury. Rules for minors vary as do the rules when a municipality, a county, or the state is involved. You should consult a personal injury attorney as soon as possible after the injury to be sure you stay within the time limitations.

If your personal injury lawyer decides that you have a strong case, then the next step is to file a lawsuit.

Once the lawsuit has been filed, the next step is the discovery process. During this period of time each side investigates the allegations of the other side. The process can take several months or longer depending upon the complexity of the case.

To seek the needed proof that the harm was caused by the other party or to refute that allegation, the attorneys for both the plaintiff and the defendant will do all or some of the following:

interview witnesses, including the plaintiff and the defendant;
examine medical reports and bills;
take photographs of the scene;
look for evidence of any conditions that might have contributed to the accident; and
do anything else that might help throw light on the case.

If the insurance adjuster or the judge is convinced that the injuries are real, that substantial medical treatment was necessary, and that the defendant’s behavior was wholly or partially to blame, then the next step will be to determine how much, if anything, the defendant will have to pay in damages.

The two main issues in a personal injury case are liability and damages.

Before damages can be considered, the plaintiff must be able to prove the following crucial elements:

He or she suffered damages.
The damages were caused by the negligent behavior of the party being asked to provide compensation.

The amount of money that a defendant must pay to a plaintiff in a lawsuit is known as damages. When deciding what compensation is warranted, the judge or insurance adjuster will want to know the same type of information that your attorney requested when you first met.

Not all cases go to trial. In fact, most personal injury cases are resolved through negotiation between the plaintiff’s attorney and the attorney representing the defendant or the defendant’s insurance company.

If the two sides can agree to the amount of compensation, then the matter can be resolved with a settlement agreement.

If the parties are unable to agree on the terms of a settlement, then the case will proceed to court.

It is important that you seek legal advice as soon as possible after your injury. Your lawyer will evaluate your case to determine whether or not you have a strong case. Look for an attorney who will agree that you will not pay unless you are awarded compensatory damages.

BERGEN COUNTY TRUCK ACCIDENT RESULTS IN OVERTURNED TRACTOR TRAILER

Aretsky Law Group — Wed, 29 Aug 2018 23:30:25 GMT

On August 28, 2018 the Mahwah, NJ Police Department disclosed that earlier this month on Route 17 North a truck carrying candy overturned as the result of a road rage incident. The tractor trailer flipped on its side after the driver of an SUV cut in front of the truck to slow it down because he thought the truck was being operated recklessly.

As reported in the Bergen Record, which includes video of the crash captured on a dash cam of a driver behind the accident, the police posted news of this event in advance of the Labor Day holiday weekend to warn drivers of the hazards of overly aggressive driving. Fortunately, neither driver was seriously injured in the accident.

The driver of the truck alleged that the driver of the SUV hit his brakes while changing lanes causing him to lose control of the tractor trailer. Both drivers were issued traffic tickets for failure to signal, failure to maintain lane and careless driving. The driver of the SUV also was written up for delaying traffic.

Frequently Asked Questions About New Jersey Slip-and-Fall Accidents

Aretsky Law Group — Mon, 18 Sep 2017 18:44:48 GMT

Our New Jersey Slip and Falls Attorney Answers Some Commonly Asked Questions About New Jersey Slip-and-Fall Accidents

Slip-and-fall accidents are very common. Luckily, in most cases, the injuries are minor. However, this is not always the case. If you or a loved one has suffered a serious injury or death as the result of a New Jersey slip-and-fall accident, you might be eligible to recover damages.

If you believe that the accident was due to the negligence of another party, it is important that you seek the advice of a knowledgeable New Jersey slip-and-fall attorney who will use their expertise to analyze your case and let you know whether or not it would be worth your while to pursue a lawsuit.

Overview of New Jersey Slip-and-Fall Accidents

Slip-and-fall accidents can occur on private, personal, or government property and fall into the larger category of Premises Liability Accidents. Property owners have the responsibility to keep their premises clear of hazards, to clean or repair hazardous conditions as quickly as reasonably possible, and to warn people of the hazard until that cleanup is complete.

There are four basic types of occurrences commonly referred to as slip-and-fall incidents:

Trip-and-Fall—e.g., an accident due to an object on the path
Stump-and-Fall— e.g., an accident due to an uneven sidewalk
Step-and-Fall— e.g., an accident due to an unexpected hole
Slip-and-Fall— e.g., an accident due to a slippery surface

These are some of the hazardous conditions that are often cited in slip-and-fall cases: cluttered aisles, poor lighting, uneven flooring, uneven sidewalks, stray wires, broken handrails on staircases, spilled drinks or food, and icy walkways and parking lots.

FAQs about New Jersey Slip-and-Fall Accidents

These are some frequently asked questions posed by victims of slip-and-fall accidents.

What should I do if I am a victim of a slip-and-fall accident?

If you are in a commercial or government location, find out if a report is being filed and be sure to obtain a copy of that report. Wherever you are, if no report is being filed, then prepare a report for your future use. Include this and other pertinent information:

what occurred;
names and phone numbers of witnesses;
a physical description of the area; and
photos of the area, including the hazard, if possible.

Do I have to file immediately after the accident?

New Jersey’s statute of limitations requires that you file within two years of the date of the incident.

Can I file a personal injury complaint against my employer?

No, you would file a worker’s compensation claim, not a personal injury claim.

What types of damages are recovered in these cases?

These are the most commonly awarded damages:

medical bills;
future medical expenses;
loss of wages;
disability, temporary or permanent;
loss of future wages due to inability to work; and
pain and suffering.

What should I do if the insurance adjuster wants to question me?

It is important to remember that it is in the insurance company’s interests to find fault with your claim. Do not provide a written or recorded statement unless you are advised to do so by your personal injury lawyer.

Types of Information the Insurance Adjuster Will Want to Ascertain:

your reason for being at that location;
your activities just before the incident occurred;
the nature of the injuries you sustained;
the seriousness of the injuries you sustained;
whether any of your injuries were pre-existing;
disability, temporary or permanent; and
if there were any warnings that you failed to heed.

Can I recover damages if I was partially to blame?

That depends. If you were 50% to blame or less, you can recover some damages; however, if you were 51% at fault, then you will not get anything.

New Jersey personal injury law is based on “true comparative fault.” In other words, if the jury determines that the property owner was 80% at fault and you were 20% at fault, then you would recover 80% of your damages.

What are some factors that will determine whether or not the property owner will be held liable?

These are some of the things that will be considered to determine whether or not the property owner was to blame:

Was the owner aware of the hazard?
If not, should the owner have been aware of the hazard?
Did the owner’s action or failure to act result in a risk of injury?
Was the hazard really the cause of the accident and, therefore, the injuries?
Did the victim actually suffer the stated injuries?

I suffered a serious injury as a result of a slip-and-fall accident at the home of a friend. What should I do?

It is understandable that you feel uncomfortable suing a friend, but your medical bills and other damages are the same whether the accident occurred at the home of a friend or family member or at a business or government office. Keep in mind that you would likely receive money from the insurance company and not the owner of the property.

Finding an Experienced New Jersey Slip-and-Fall Attorney

Personal injury cases are very complicated. If you or a loved one has been seriously injured due to the negligence of another party, it is crucial that you seek the assistance of a personal injury attorney with experience in these cases. The attorney will analyze your case and help you decide whether or not it is in your best interests to settle with the insurance company or sue to collect a larger amount.

If the attorney determines that a lawsuit is worthwhile, then he or she will obtain witness testimony, photographic and other evidence, and medical records. Most importantly, your lawyer will deal with the insurance company and the paperwork.

Contact Aretsky Law Group, P.C. For A Case Review Have you or a loved one been injured as the result of a slip-and-fall accident or other incident that was caused by the negligence of another party? If so, then the experienced New Jersey slip-and-fall attorneys at Aretsky Law Group, P.C., can help. Aretsky Law Group, P.C., does not charge personal injury clients with attorney fees unless you receive damages. Rest assured that if we take your case, we will fight aggressively on your behalf to see that you get the settlement you deserve! For an initial consultation, call us 24/7 at 1-800-537-4154. Disclaimer: This article is not meant to provide legal advice. If you have a question involving an injury due to the wrongful or negligent behavior of another party, contact a qualified New Jersey personal injury lawyer for advice.