Wrongful Death - Aretsky Law Group, P.C.

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.

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.