Articles Posted in Personal Injury

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.

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.

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.

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.

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.

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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.CCF06102019_0003-230x300CCF06102019_0004-230x300CCF06102019_0005-230x300

We are pleased to announce that our Managing Partner, Eric J. Aretsky, Esq. has been selected2018-2019-10-best-pia 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.

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.

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.

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.

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