Aretsky Law Group, P.C.

New Jersey Nursing Home Covid Deaths Prompt Lawsuits

Aretsky Law Group — Sat, 20 Feb 2021 19:25:41 GMT

Probably no U.S. state except New York has seen nursing facilities for the aged hit harder by the Covid-19 crisis than New Jersey. To date, over 7,000 Garden State nursing home residents have succumbed to the virus.

Back in the spring of 2020, in the early days of the pandemic, New Jersey Gov. Phil Murphy and the state legislature acted quickly to grant broad civil and criminal immunity to health care facilities treating Covid patients, including hospitals and nursing homes.

The rationale at the time was that health care providers acting in good faith and according to prevailing safety protocols should not face crushing financial liability for Covid deaths that may not be their fault. However, as this blog has reported before, many nursing homes around the country and in New Jersey already had a poor track record of protecting elderly patients. Understaffing and other corner-cutting measures by for-profit owners left patients at risk, and elder advocates say these subpar facilities should not be allowed to now escape responsibility for preventable deaths.

Unprecedented Emergency Spurred Unusual Measures

Nursing and long-term care industry officials welcomed the government protections in the face of an unprecedented emergency. But critics argue the industry had no excuse to be unprepared for the pandemic.

Further, the immunity provisions did not bar all Covid-related claims; they did not protect caregivers and facilities in the case of gross negligence or willful misconduct, for instance.

Several horrific and highly publicized cases have spawned recent lawsuits accusing New Jersey long-term care facilities of fraud among other claims. Authorities discovered 17 bodies in April at a morgue inside an Andover Subacute Rehabilitation Center in Andover. The Covid-related deaths are under investigation by the state. Now some of the victims’ relatives have filed suit against the home’s owners and unnamed staff members. One of the Andover facilities is ranked only one star out of five by the Center for Medicare and Medicaid Services (CMS), partly for its allegedly lax infection-control and safety measures.

The suit alleges that Andover failed to implement corrective measures recommended by CMS that might have mitigated the devastation of the pandemic, and plaintiffs are attempting to gain class-action status for the other Covid victims at the facility. Among the claims is that staff failed to keep families informed about the whereabouts of their departed loved ones’ remains for several weeks after their deaths.

One of Andover’s owners, in a statement, countered that the facility did take “proactive steps” in the early days of the pandemic to confront the crisis and by June 2, it was in “substantial compliance” with applicable standards of care.

Veterans Memorial Home in Menlo Park is also the subject of a Covid-related wrongful death suit, according to NJ.com. Lawyers for the plaintiffs claim that nursing staff there were instructed not to wear masks or gloves.

A Disaster Waiting To Happen?

The substandard status quo documented in many state nursing homes predating the pandemic created a perfect storm for spread of the deadly disease. Pre-existing understaffing levels exacerbated shortages of protective equipment and ventilators. Advocates for the elderly argue that such facilities should not be given a free pass despite how well-intentioned the state-enacted liability immunity was. Even some state lawmakers now say the legislation went too far in protecting bad facilities. There is an effort underway to conduct legislative hearings on the Covid disaster in some of the state’s homes.

On Sept. 16, Gov. Murphy signed a series of bills aimed at improving nursing home care and safety.

However, as a result of the initial rush to protect all health care providers, families attempting to seek justice for loved ones lost to Covid-19 must show fraud, deliberate misconduct, or recklessness on the part of nursing care providers, which can be a high bar.

Contact a Bergen County Nursing Home Abuse & Neglect Lawyer

If your elder loved one has experienced a preventable injury or death in a New Jersey nursing home, Aretsky Law Group P.C. has a proven track record of successfully holding negligent operators accountable. Contact our law office today for a confidential consultation.

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.

I Want my Kids to Go Back to School but my Ex-spouse Wants to Keep them Home. What Should we Do?

Aretsky Law Group — Sun, 23 Aug 2020 16:30:08 GMT

Sharing child custody with an ex-spouse can be difficult enough even when there are no major disagreements between you about medical or educational issues. It is rife with compromise even when there is no global pandemic going on. But the Covid-19 pandemic and subsequent school closings have posed unprecedented challenges for parents, especially working parents, and with the new school year about to start, those challenges are coming to a head.

In New Jersey, divorced parents have both physical and legal custody arrangements. Physical custody determines which parent the child lives with the majority of the time. Legal custody refers to the right to make decisions about the child’s upbringing, including matters of health care, education, and religious affiliation. If one parent has sole legal custody, it means that parent makes all the decisions pertaining to those matters. In the case of two fit parents, New Jersey family courts tend to favor arrangements where both parents share joint legal custody, meaning that both have equal input on these issues. It’s in the latter case where problems can arise when parents don’t see eye-to-eye.

Local public school districts in the state are in the process of deciding whether students will return to in-person classes this fall, attend class remotely via computer, or a hybrid of both. The issue has sparked controversy and debate across the state and country, with many families feeling strongly that their children should be in the classroom, and others feeling just as strongly that it’s unsafe to send their kids back to school while the disease is continuing to spread.

The Statewide Situation Is Still in Flux

The state government had reportedly planned to have all 600 of its school districts return to some form of in-person learning in the fall, with no all-remote options; however, schools that can’t meet all of the state’s safety guidelines for reopening in time for the start will be allowed to go all-remote.

Several districts in northern New Jersey including Passaic, Elizabeth, Jersey City and Bayonne have announced they will begin the year with an all-remote schedule. It is believed that most school districts will offer a combination of in-person and remote teaching, but parents who choose to will still be able to keep their children home full time.

Then there are the issues faced by parents who must work and can’t be home with their kids all day. Adequate technology to support at-home school attendance is another challenge for many.

Before a divorce is finalized, parents are required to work out a parenting plan that determines how much time the child will spend with each parent. In New Jersey, children may attend school in districts where they live at least 50 percent of the time. If parents split physical custody 50-50 and live in different school districts, then the child may attend school in either one.

A Respected Bergen County Family Lawyer Can Help

Normally the sole consideration when deciding on a school is the child’s educational needs. But when it comes to Covid-19, there are health implications for not only your child or children, but for you as well. If you and your former spouse clash over whether your child should attend school virtually or in-person, a reputable family law attorney may be able to help you come to a mutually acceptable agreement without the need to get a court involved.

If an agreement can’t be reached, one or the other parent can request a hearing before a family court judge. Many New Jersey court hearings are being conducted virtually now.

The child custody and parenting attorneys at Aretsky Law Group P.C. have abundant experience helping divorced and divorcing parents negotiate parenting plans and work out their differences. Call us today for a free, no-obligation 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 Residents Financially Hit by Pandemic Can Get Relief on Alimony Payments

Aretsky Law Group — Wed, 29 Jul 2020 16:40:19 GMT

It is going on six months since the coronavirus (Covid-19) pandemic and subsequent economic shutdowns changed life as we knew it for most New Jerseyans and Americans. Millions of earners have suffered a substantial loss in income, including those obligated to make regular spousal support payments. You might be wondering how if at all the pandemic crisis affects your New Jersey alimony requirements, but it’s critical that whatever your situation, you not cease making your obligated support payments before you speak to an experienced Bergen County family law attorney.

Uncharted Territory

Under state statute, as a payor you can request modifications to your payment obligations if you have a significant change in your financial circumstances, but it’s complicated. During normal times, “temporary” reductions in income have usually not been considered sufficient to qualify for alimony payment modification by New Jersey family courts. The million-dollar question in light of the current crisis is: what is considered temporary? With the unprecedented uncertainty surrounding the Covid crisis, legal practitioners and others are wondering how such matters as spousal and child support should be dealt with.

Under current state law, open durational alimony (open-ended alimony which has no cut-off date until retirement) is allowed only in the dissolution of marriages lasting 20 years or longer. It is usually applied in cases where one spouse was financially dependent on the other and has limited earning potential of their own. Short-term alimony obligations (rehabilitation and reimbursement alimony) are applied in such cases as when the recipient spouse is receiving education or occupational training.

Alimony can be reduced or terminated if the paying spouse becomes disabled or unemployed. Regardless of what type of alimony payments you are making, you are very likely challenged by current circumstances.

The 90-Day Rule

The New Jersey alimony statute, which was amended in 2014, holds that applications for modification of alimony payments may not be filed until the payor has experienced a reduction or loss of income for at least 90 days (N.J.S.A. 2A:34-23(k)). However, the good news for payors is that if the court chooses to modify a payment, it is retroactive to the actual date that income changed.

Normally, the court will look at the totality of the circumstances in each case in determining whether to modify an alimony payment, including the payor’s ability and efforts to obtain new employment. Again, with the duration of the current Covid crisis being a huge unknown, along with the fact that some industries and businesses have been suspended indefinitely, courts will have to take into account that this seriously hinders a person’s efforts to obtain substitute employment.

But be aware—especially if you’re a business owner or have significant assets—that among the remedies a state court can fashion is ordering the payor to use their assets to temporarily fund support payments. In such a scenario, you might be better off not seeking a modification at all. These are matters that a seasoned New Jersey alimony attorney will be able to help you navigate and why it’s critical to consult a legal professional before taking any action.

You Need a Respected Bergen County Family Lawyer

It still can’t be stressed enough that, even if you believe you’ve come to an informal understanding with your former spouse, any change or discontinuation of regular spousal support payments must be made official with the court. Otherwise, you risk not only potential financial penalties for being in default, but possible professional ramifications for appearing to be delinquent in support payments.

At Aretsky Law Group PC, our family law attorneys have years of experience helping individuals in New Jersey receive court-ordered modifications of their alimony obligations during times of financial stress. We can help you obtain the relief you need. Call our offices today for a free consultation.

These 29 New Jersey Nursing Homes Rank Among the Worst

Aretsky Law Group — Fri, 24 Jul 2020 14:23:23 GMT

Families trust nursing homes to provide their aging loved ones professional round-the-clock care when they are no longer able to care for them. While there are many high-quality nursing homes in the United States, the unfortunate reality is that many facilities put profits before patients and are chronically understaffed and poorly equipped to provide their elder residents an adequate level of care. New Jersey is no exception: The Centers for Medicare and Medicaid Services (CMS), which rates nursing homes throughout the country for compliance with federal regulations and publishes its findings on Medicare.gov’s Nursing Home Compare website, ranks more than two dozen state homes as “much below average,” its lowest rating.

Families rely on the Nursing Home Compare tool to help them make informed decisions about where to place their senior loved ones. CMS assesses nursing facilities periodically and scores them on such factors as safety, cleanliness, and staffing levels. Of the 363 nursing homes in the Garden State evaluated by CMS, 28 earned one-star ratings out of a possible five and another earned zero stars.

As is typically the case with nursing homes judged deficient in one or more safety categories, these facilities experienced issues with food sanitation, failure to prevent medication errors, inadequate infection prevention measures, and poor cleanliness among others, according to CMS. The full list of homes is below.

The worst of the worst

One New Jersey nursing home was judged so deficient in safety and care that it didn’t even qualify for one star. Cornell Hall Care & Rehabilitation Center in Union was named a “Special Focus Facility (SFF),” which is a designation indicated on Nursing Home Compare by a yellow warning triangle. SFF-designated facilities generally have longstanding and persistent records of poor quality which have gone uncorrected, and are under special scrutiny by CMS for potential elimination of their Medicare and Medicaid funding.

In its most recent inspection reports, Cornell Hall Care & Rehabilitation was cited for poor medication record-keeping, labeling, and storage; inadequacies with food service; failure to return deceased residents’ personal funds in a timely manner; poor pressure ulcer (bed sore) care and prevention; inadequate urinary catheter care; failure to provide safe and appropriate respiratory care to a resident; and pharmaceutical deficiencies.

CMS only inspects and ranks facilities that receive federal funds, therefore its rankings are not inclusive of every nursing home facility in New Jersey or the United States. Facilities that consistently perform poorly can receive monetary penalties or have their funding suspended until they correct deficiencies.

Contact a Reputable Bergen County Nursing Home Abuse & Neglect Lawyer

If you suspect your loved one has suffered abuse or neglect in a New Jersey nursing home, Aretsky Law PC is here to vindicate their rights. We have many years of experience successfully fighting for nursing home residents and their families, and we can put our expertise to work in pursuing compensation for your loved one’s negligent care.

New Jersey Medical Malpractice Case Settled for $1.28M

Aretsky Law Group — Thu, 18 Jun 2020 16:31:59 GMT

The estate of Dina Wyckoff of Franklin Lakes, NJ was recently awarded $1.28M. The suit alleges that doctors did not treat Wyckoff properly, ultimately leading to her death by cancer in August 2016. The lawsuit asserts that doctors, including staff from St. Clare Hospital in Denville, NJ neglected to take a proper biopsy from Wyckoff in 2013. The results of the biopsy indicated that Wyckoff was cancer-free. As a consequence of this negligence, her then-treatable cancer progressed to a terminal state. According to the attorney representing her estate, if the cancer was found in 2013, Wyckoff would have a 50-68% chance of living at least five years.

Medical malpractice is a leading cause of wrongful death cases. 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. According to the New Jersey Wrongful Death Act, only pecuniary (financial) damages may be recovered in the event of a wrongful death claim. These damages may include loss of income, loss of services, and reasonable funeral and medical expenses. According to the New Jersey Wrongful Death Act, the “purpose of the award is the replacement of services that the decedent would have rendered and nothing more”. Emotional losses are only considered in the event that somebody witnessed the negligent death occur.

Notably, this claim would have to be filed as a separate lawsuit. The final element of a negligence case if damages. According to the New Jersey Wrongful Death Act, only pecuniary (financial) damages may be recovered in the event of a wrongful death claim. These damages may include loss of income, loss of services, and reasonable funeral and medical expenses. According to the New Jersey Wrongful Death Act, the “purpose of the award is the replacement of services that the decedent would have rendered and nothing more”. Emotional losses are only considered in the event that somebody witnessed the negligent death occur. Notably, this claim would have to be filed as a separate lawsuit.

In order to calculate loss of income a court-appointed economist will deduce the potential income that the decedent could have generated over the remainder of the lifetime, and will subtract variables such as income taxes and personal maintenance expenses. The resulting figure will be an estimate of the amount of money that the decedent could have reasonably contributed to their survivors.
Next, loss of services is calculated by estimating the monetary value of services that they decedent could have provided had they not died. These services may include those that directly benefit the decedent’s survivors, such as child-rearing, care-taking, business advisory, etc.
Finally, funeral expenses are deduced by evaluating expense receipts.

The total compensation for pecuniary damages in a wrongful death case varies from state to state. The median recovery has hovered around $250,000 nationally, while the average has exceeded $1,000,000. Notably, 20% of plaintiffs pursuing wrongful death claims in the United States have received over $1,000,000 in recoveries. At Aretsky Law Group P.C., we understand how difficult it can be for your family to deal with the death of a loved one, and we hope to provide legal guidance during this upsetting and frustrating time.

4 Financial Tips for Post-Divorce

Aretsky Law Group — Thu, 18 Jun 2020 16:30:53 GMT

Since the new year and month of January often mark a spike in divorce rates, it is important to remain cognizant of financial strategies to consider after a divorce has proceeded. Following these tips will help to create peace of mind after the stresses of a divorce.

Cancel Joint Bank Accounts

After a divorce, it is important to fully separate joint checking accounts as well as shared credit cards. Experts suggest requesting an account suspension if a credit card balance cannot be paid off. It is important to replace these accounts with new ones. Especially considering the financial strain of a divorce, it can be wise to responsibly use a credit card of bridge loan to help with expenses in the short term. It can help to make a list of shared accounts while married and replace this with individual accounts.

Create an Emergency Reserve

After getting back on your feet, it is useful to create an emergency reserve with six months of living expenses. Having a safety net while single can be important in order to protect against future financial hardship.

Monitor Credit Score

After a divorce, it is important to check your credit score to help notice and dispute any discrepancies that could hurt your score. A low credit score makes it difficult to secure a loan with a low-interest rate, and can make it difficult to get a job or rent an apartment or condo.

Assess Investments

After a divorce, your personal finance goals may shift. Especially if a partner was responsible for investments prior to the divorce, it is important to consider ways in which you can reallocate investments to suit your own risk tolerance and financial goals. Many legal and relationship experts note that this may occur since many couples view January as the time to embark on New Year’s resolutions and new beginnings. The holiday season also may cause a delay in divorces, since many parents want to maintain a sense of harmony for children during the holiday season in November and December. A divorce is clearly an important financial milestone. If you are considering filing for divorce, it is important to find a reputable divorce attorney who can work with you. Here are some considerations: Selecting the right lawyer to represent you during this trying time is crucial. It is so important that you choose someone who understands what you are going through and who has the patience to guide you step by step through the process. When making your selection, look for someone who meets these basic criteria and is:

is accessible 24/7;
shows compassion;
is experienced in both negotiation and litigation; and
offers a valuable initial consultation.

Above all, look for someone who will put your interests first! Remember, although you want someone who is a skilled litigator in case the need for litigation arises, it is best to avoid an attorney who seems to favor litigation when negotiation or mediation would be in your best interests.

Initial Consultation

Once you have selected an attorney, it is time to take the next step and schedule your initial consultation. In order to get the most out of your consultation, you should come prepared, not only with answers to the attorney’s questions, but also with questions of your own—questions that likely have been on your mind since you first started to contemplate the possibility of divorce. Divorce is stressful, but the experienced and compassionate Bergen County divorce attorneys at Aretsky Law Group, P.C., are dedicated to guiding you through the difficult process with as little anxiety as possible. We will be with you every step of the way to ensure that your rights are protected and your needs met.

Pedestrian Hit By Driver in Carlstadt, NJ

Aretsky Law Group — Thu, 18 Jun 2020 16:29:46 GMT

On December 28, a 55-year-old pedestrian was struck by a driver while traveling in Carlstadt in attempts to catch a NJ Transit bus. According to authorities, the man was crossing the highway after leaving his shift at a nearby gas station. The accident occurred at a busy four-way intersection. The driver who hit him was traveling north, and had the right of way. It appears that the victim did not obey the walk signal. It is dangerous crossing the street due to overly aggressive drivers in New Jersey.

Unfortunately, innocent pedestrians sustain serious and permanent injuries or even death caused by negligent drivers. In fact, the Center for Disease Control and Prevention estimates more than 130,000 hospitalizations for crash incidents inflicted on pedestrians. Pedestrian accidents can often bring harmful physical consequences with them including fractures, brain injuries, as well as paralysis and injury to internal organs. The speed of the driver at the time of the collision has a strong effect on victim fatality. For example, while the chance of victim fatality during a 20 mph collision is only 5%, this figure increases to 85% when the speed of the collision is 40 mph.

If a pedestrian is struck while walking in a designated crosswalk, liability on the part of the driver is clear. Drivers have a duty to stop for pedestrians in a crosswalk. However, it appears that the driver who struck the pedestrian in this case did not violate a duty of care to the pedestrian, since the victim was not walking at the appropriate signal. Below is a recommended list of precautions provided by the National Highway Traffic Safety Administration that pedestrians can take in order to maintain safety when crossing busy streets.

Walk on sidewalks when available and follow the rules of the road (traffic signals and signs).
Try to walk facing traffic and make eye contact with drivers when attempting to cross streets.
Be visible. Wear bright colored clothes during the day, and wear reflective and neon colors at night so that motorists can see you.
Avoid alcohol and drugs while walking, since these substances may impair vision.
Look for cars in all directions, including left and right and watch for vehicle entering or exiting driveways and parking lots.

In order to prevent pedestrian accidents when crossing streets, drivers are also cautioned to yield at crosswalks, look out for parked cars, and follow speed limits and other regulations. Furthermore, drivers should be cautious when backing up and should proceed with extra caution in lower speed limit areas such as school zones. 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.

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.

January is Popular Divorce Month in New Jersey

Aretsky Law Group — Sat, 04 Jan 2020 23:19:51 GMT

According to many legal experts in New Jersey, January is the most popular month for divorce to occur. Nationally, the divorce filing rate in January is one third higher than the rate in other months. In fact, Google searches for divorce related topics have peaked in January, historically between the Jan 6 and Jan 12 time period.

Many legal and relationship experts note that this may occur since many couples view January as the time to embark on New Year’s resolutions and new beginnings. The holiday season also may cause a delay in divorces, since many parents want to maintain a sense of harmony for children during the holiday season in November and December.

There is also a financial component that may drive the trend of January divorces. For example, many parties may feel that if they file for divorce earlier in the year, assets such as end-of-year bonuses will not count towards total marital assets. Many tax professionals also advise couples to wait until the new year in order to consider additional legislation and potential tax breaks.

Other studies, such as those by the University of Washington, have indicated that the holidays are often a time of emotional and financial stress, which can lead to marital problems.

As a reminder, if you are pursuing a divorce there are a few key considerations when filing in New Jersey:

There are two requirements for filing in the State of New Jersey. The first step is to see whether or not you meet those requirements. These are the two requirements:

You or your spouse must have been a resident of New Jersey for at least one year. If you are filing on the grounds of adultery, this requirement is waived.
You must select a ground for divorce.

Grounds for Divorce in New Jersey

There are two basic types of grounds for divorce: fault and no fault. A no-fault divorce is usually less costly because you don’t have the burden of proving your spouse’s bad conduct.

There are two no-fault grounds. The most commonly cited one is “irreconcilable differences.” When you use this ground, you are stating that there is little to no hope that you and your spouse will be able to work out your problems and that the causes that led to your decision to divorce will likely remain.

The second no-fault ground is separation. If you and your spouse reside in separate residences for a period of eighteen months, you can file on this ground.

There are several fault grounds. The most commonly used are abandonment, mental and/or physical cruelty, adultery, and drug or alcohol abuse or addiction. Our team of experienced New Jersey divorce attorneys at Aretsky Law Group P.C. can help you navigate the grounds for divorce policies in New Jersey.

If you are seeking a divorce attorney in the new year, here are some considerations:

is accessible 24/7;
shows compassion;
is experienced in both negotiation and litigation; and
offers a valuable initial consultation.

Divorce is stressful, but the experienced and compassionate New Jersey divorce attorneys at Aretsky Law Group, P.C., are dedicated to guiding you through the difficult process with as little anxiety as possible. We will be with you every step of the way to ensure that your rights are protected and your needs met.

What You Need to Know About NJ’s New Drunk Driving Penalties

Aretsky Law Group — Thu, 05 Dec 2019 17:17:13 GMT

On December 1, New Jersey introduced a new law governing penalties for drunk drivers.

About the Regulations

The new regulations limit suspensions for first time offenders with a BAC below .15%. Instead, these drivers must install in-car breathalyzers that prevent vehicles from moving if the driver has a BAC of .05% or more. This protocol is in place for three months until a year, depending on the specific case.

There are different regulations that govern drivers who are convicted of DWI with a BAC above .15%. These drivers are subject to a suspension of their license for up to six months. Furthermore, they must install the in-car breathalyzer for up to an additional fifteen months, depending on the specific case.

A Departure from NJ’s Previous System

The new laws break from the state’s former system because they require in-car breathalyzers for drivers with a BAC below .15%. This policy is similar to those that other state jurisdictions have initiated. In fact, New Jersey will be the 34^thstate to adopt a “all offender” policy once the law goes into effect on December 1^st.

State Senator Nicholas Scutari spearheaded the initiative, citing a need for both behavior change and increased protection of the state’s motorists. Advocates of the new law note that is does not suspend offenders with a BAC of below .05%, which is expected to increase the effectiveness of the policy. Since full-suspension of driving privileges usually interferes with the motorists ability to get to work, the new policy allows drivers to get to work on time if they are able to comply with the regulations of the in-car breathalyzer.

Additional Benefits

This policy also expedites the process of license restoration for those with less than .15% BAC. Furthermore, the ignition interlock technology is advanced enough to provide state agencies with enough data every two months about the driver’s BAC.

Our Expertise

Our team at Aretsky Law Group is here to help you or a loved one navigate this new regulation. As leaders in car accident law, we can also help you or a loved one if you are injured as a result of a car accident or intoxicated drivers. If you are a plaintiff suing the negligent party, keep in mind that you won’t be able to file a lawsuit against your opponent after two years have passed since the date of the accident. This occurs due to New Jersey’s statute of limitations regarding car accident lawsuits. This policy is in alignment with the policies of many other states. Furthermore, similar to other jurisdictions, the state of New Jersey applies a damages cap which limits the amount of damages that may be awarded to the plaintiff in a car accident case. Only in serious cases of malicious wrongdoing, punitive damages may be awarded in addition to other damages. Different than compensatory damages, punitive damages are those charged to the defendant in order to deter future behavior. However, in the case of a New Jersey car accident lawsuit, these punitive damages are limited to five times the amount of compensatory damages OR are capped at $350,000. The sum that is the largest is usually awarded.

As with other personal injury cases, New Jersey applies the modified comparative negligence standard. So long as you are not more than 50 percent at fault, you’re able to recover damages reduced by the percentage of your fault. However, if you were more than 50 percent at fault, you will not be able to collect any compensation. At Aretsky Law Group, P.C., we have a competent team of Bergen County personal injury attorneys who understand the breadth of legal research involved and are willing to do everything possible to help you receive just compensation from your accident.

Equitable Distribution vs Community Property in a Divorce

Aretsky Law Group — Fri, 29 Nov 2019 23:41:47 GMT

Arguably, the equitable division of shared assets is one of the primary concerns that couples consider when proceeding with a divorce. According to New Jersey law, equitable distribution is defined as the “distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage”. Marital assets are typically defined as those which are acquired between the date of marriage and the date on which the complaint for divorce is filed.

Notably, there is a distinction between equitable distribution and community property. In states that practice equitable distribution, assets acquired during marriage belong to both parties regardless of title to said property. During a divorce, this property may be distributed by the courts in a variety of ways.

Factors often include:

Each spouses earning potential
If a spouse was a stay at home parent
The duration and standard of living established during the marriage
The age, physical condition, and emotional health of the spouses
Economic circumstances at the time of divorce
Each individual’s contribution to marital property
Any other factors that the court deems appropriate

While marital assets may not be distributed equally, they are intended to be distributed fairly, which is the key factor to consider during equitable distribution. New Jersey follows the equitable distribution approach.

On the contrary, a number of states follow the community property approach to marital property. Under this approach, all marital assets are viewed upon as being owned equally by both spouses. The only states that follow this approach are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Interestingly, the community property standards also apply to ownership of debts.

As a reminder, in the State of New Jersey there are two requirements for filing a Complaint for Divorce. The first step is to see whether or not you meet those requirements. These are the two requirements:

You or your spouse must have been a resident of New Jersey for at least one year. If you are filing on the grounds of adultery, this requirement is waived.
You must select a ground for divorce.

There are two basic types of grounds for divorce: fault and no fault. A no-fault divorce is usually less costly because you don’t have the burden of proving your spouse’s bad conduct.

There are two no-fault grounds. The most commonly cited one is “irreconcilable differences.” When you use this ground, you are stating that there is no hope that you and your spouse will be able to work out your problems and that the causes that led to your decision to divorce will likely remain.

The second no-fault ground is separation. If you and your spouse reside in separate residences for a period of eighteen months, you can file on this ground upon the completion of eighteen months of separation.

There are several fault grounds. The most commonly used are abandonment, mental and/or physical cruelty, adultery, and drug or alcohol abuse or addiction.

If you are going through a divorce, our team of experienced Bergen County divorce attorneys at Aretsky Law Group P.C. can help you navigate the grounds for divorce in New Jersey.

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.

Understanding Joint Custody in a Divorce

Aretsky Law Group — Tue, 24 Sep 2019 13:00:24 GMT

When pursuing a divorce, child custody is one of the primary factors to consider for parents. Historically, women in the United States have traditionally assumed the role of primary caretaker following a divorce. However, this trend has changed, which has opened up a larger dialogue and debate about the pros and cons of joint custody agreements.

What Are Joint Custody Agreements?

Joint custody agreements allow both parents to have equal responsibilities in the child-raising process.

If you have children and are pursuing a divorce, then their well-being is bound to be one of your primary concerns. One of the most important agreements you and your spouse will have to negotiate is a child custody and parenting time plan that meets the needs of you and your spouse and, above all, is in the best interests of your children. You will want to devise a plan that will allow both parents the opportunity to maintain meaningful relationships with the children.

There are two basic types of child custody: legal custody and residential custody.

Legal Custody

Legal custody covers educational, medical, and religious decisions. Unless your spouse is an unfit parent or is physically or mentally unable to make these decisions, you will probably share legal custody of your children. New Jersey family courts believe that in most cases it is best for the child when both parents take part in the decision-making process concerning these important issues.

Residential Custody

Residential custody, often referred to as physical custody, has many variations; they range from sole custody to a 50/50 shared-custody arrangement. In order to make an informed decision, it is important to understand the different types of child custody arrangements. Your divorce and family law attorney will explain the various possibilities and will help you determine which best suits your needs.

Benefits of Joint Custody Agreements

Many studies show that there is a correlation between the amount of time a child spends with a parent and the strength of that child’s relationship with the parent. Overall, these children fare better in socialization and academics than those children who spend limited time with a parent. Downsides of Joint Custody Agreements

While there are some clear benefits to joint parenting, there are downsides to consider as well. For example, a child with special needs can often have a difficult time coping with the nuisances associated with transportation between dual residences.

Joint Custody Agreements & Child Support

Joint custody agreements affect child support as well. Family law courts in New Jersey must base their decisions regarding child support on the concept that all children have the right to both the financial and the emotional support of both parents. It is important to keep in mind that your child is receiving the support, not you or your spouse.

There is a standard set of guidelines that a court must follow to determine the amount of support the non-custodial parent will provide. These are the 3 most important concerns:

the income and expenses of each parent,
the amount of parenting time each spends with the child, and
the basic costs of caring for the child.

If you are pursuing a divorce, custody agreements are one of many considerations that you should evaluate. Divorce is stressful, but the experienced and compassionate Bergen County divorce attorneys at Aretsky Law Group, P.C., are dedicated to guiding you through the difficult process with as little anxiety as possible. We will be with you every step of the way to ensure that your rights are protected and your needs met.

Understanding Low-Conflict & High-Conflict Divorces

Aretsky Law Group — Fri, 20 Sep 2019 13:00:23 GMT

As with any relationship-conflict, divorces exist on a wide spectrum of high and low conflict. Generally, many low-conflict marriages can result in low-impact divorces, while high-conflict marriages typically lead to high-conflict divorces. When trying to assess the conflict level of your relationship with a partner that you are going through a divorce with, consider these factors:

Mediation

Low-conflict marriages are typically low-conflict divorces. As such, these divorces can sometimes be settled with meditation, which can be a less expensive alternative to divorce. A successful mediation can result in a friendly divorce after proceedings. Alternatively, high-conflict divorces often require more significant litigation in order to protect assets and secure favorable custody agreements if children are involved.

Prioritizing Their Children

Low-conflict divorced couples often are able to put aside conflicts with their ex in order to prioritize their children’s well-being. Often, high-conflict divorced couples allow their animosity for one another to overcome the well-being of shared children. Ultimately, one of the best things that a divorced couple can do for their children is to create an effective co-parenting plan that has the child’s best interest in mind.

Fair Settlements

Low-conflict divorced couples prioritize fair and secure settlements instead of opting for expensive divorce trials that can ultimately harm both parties involved and the children. On the contrary, high-conflict divorce couples often overspend on litigation, which ultimately can harm both parties involved in the long-term.

Communication

Many high-conflict divorced couples heavily overuse electronic communication such as text messages and emails when fighting with one another. This approach is an unhealthy mechanism to deal with conflict, which ultimately can lead to exaggerated conflicts between divorced couples. Instead, low-conflict couples communicate effectively with one another and rarely make threats or accusations about the other party.

For the well-being of yourself and your family, it is wise to adapt many of the approaches of low-conflict couples. Ultimately, this can help you to save money, avoid a stressful legal battle, and protect the sanity of your family.

If you are considering a divorce, one of the first steps to take is to contact a reputable divorce attorney. Selecting the right lawyer to represent you during this trying time is crucial. It is so important that you choose someone who understands what you are going through and who has the patience to guide you step by step through the process. When making your selection, look for someone who meets these basic criteria and is accessible 24/7, shows compassion, is experienced in both negotiation and litigation, and offers a valuable initial consultation.

Undoubtedly, divorce is stressful, but the experienced and compassionate Bergen County divorce attorneys at Aretsky Law Group, P.C., are dedicated to guiding you through the difficult process with as little anxiety as possible. We will be with you every step of the way to ensure that your rights are protected and your needs met.

Newark Nursing Home Assistant Charged with Death of 85-Year Old Resident

Aretsky Law Group — Wed, 18 Sep 2019 13:00:37 GMT

Newark, NJ citizen and nursing home assistant Monique Beaucejourwas recently charged for the manslaughter of 85-year old Fannie McClain, who perished while under Beaucejour’s care at Waterview Nursing Home in Cedar Grove, NJ.

According to officials, Beaucejour was aware of McClain’s fall and consequent head injury on August 13, 2019. However, despite McClain’s declining medical condition, Beaucejour neglected to find assistance, and instead blamed the fall on another patient who was suffering from dementia. In fact, she left McClain alone and re-entered the room nearly thirty minutes after the fall, while pretending that it was her first time seeing McClain in the deteriorated state. As a result, McClain suffered three deep wounds on her head, a broken neck, and a brain bleed. For this reason, Beaucejour is currently being charged with reckless manslaughter, obstruction, and neglect of the elderly.

The Waterview Center has responded to this incident claiming that, “We are very concerned about this incident as the safety and well-being of our residents is our highest priority…”. Despite this statement, this incident shines a light on the rising amount of nursing home abuse cases in both New Jersey and the United States.

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. These centers house over 1.7 million licensed beds, and host nearly the same amount of patients. Comparatively, New Jersey has a higher standard for nursing homes in relation to many other states. For example, only 29% of nursing homes in New Jersey are for-profit institutions. The remaining centers are either nonprofit organizations or are government owned entities.

Unfortunately, many for-profit centers take cost-cutting measures that can harm the patient experience. This can include hiring less experienced staff that will accept lower wages, or even neglecting to adequately staff the facility to a capacity that would allow for optimal patient care. Since many patients pay upwards of $80,000/year for nursing home care, they expect a higher standard of care, and certainly one that is safe and will accommodate their medical and physical needs.

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.

As the case of Fannie McClain indicates, these regulations are often not enough, and the care of residents is often a direct result of the caretaker they are assigned to.

At Aretsky Law Group, P.C., we understand that it can be frustrating to experience less than ideal care at a nursing home facility. 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.

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.

Schizophrenic Patient Dies from Starvation in New Jersey Medical Facility

Aretsky Law Group — Wed, 11 Sep 2019 22:50:15 GMT

After three months of hospitalization for schizophrenia, a 29-year old New Jersey resident Michael Vecchio has passed away after facing starvation for thirty days. Consequently, his mother Beth is suing the facility,Greystone Park psychiatric Hospital in Parsippany. The suit, filed by the patient’s mother, accuses the facility of wrongful death and negligence.

According to the hospital staff, Michael refused to eat because he claimed that he was a “‘Zen master’ and like Gandhi, would not eat”. Michael’s family is asserting that the facility should have still provided Michael adequate care given the fact that he was actively psychotic and thereby incapable of making appropriate medical decisions for himself. Unfortunately, following the irrational demands of patients is often the case in many instances of neglectful care.

Vecchio’s death is only one example of the many cases of negligent care for mentally ill patients. For example, many poorly operated care facilities use the patient’s refusal of care as an excuse to not perform their job properly.

In the case of Vecchio’s trial, his family must be able to prove a wrongful death claim by asserting three key elements: 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 wrongful death case, the accused party owes a legal duty of care to the decedent to “adhere to a standard of reasonable care while performing any acts that could reasonably harm others”. For example, in the case of Michael’s death, the hospital staff owes a legal duty to their patients to provide adequate care.
The Breach of Duty occurs when one party breaches their duty of care to the other party. In this example, hospital staff breached their duty of care to Michael by neglecting to continue to make significant efforts to feed him when he refused nourishment.
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. For example, in the case of Michael’s death, it must be reasonably assumed that he would not have died if the hospital staff made a more steadfast effort to provide him with nourishment upon his refusal. This is legally defined as “proximate cause”.

Similar to many nursing home abuse cases, a wrongful death at a facility such as Greystone is often the result of a larger issue in long-term care centers. Alarmingly, statistics indicate that over 10,000 deaths have occurred at nursing homes due to malnutrition. As with bedsores, choking, and medication errors, the issue of malnutrition is often an issue that occurs due to inadequately staffed nursing homes and insufficient training.

Unfortunately, these regulations are often not enough. If you or loved one has suffered from wrongful death or 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 to a family member at a long-term care center.

A Guide to Prenuptial Agreements in New Jersey

Aretsky Law Group — Thu, 05 Sep 2019 16:00:09 GMT

If you are entering a New Jersey marriage, it may be wise to consider a pre-nuptial agreement before officially tying the knot.

What is a Prenuptial Agreement?

A prenuptial agreement is a popular way to safeguard your assets and financial security in the event of a divorce. Prenuptial agreements protect a variety of pre-marital assets including real estate, investment accounts, trusts, and foreign assets. Notably, if a couple is seeking a prenuptial agreement in the state of New Jersey, both parties must disclose all assets and obtain independent legal counsel.

The primary benefit that prenuptial agreements provide is less litigation in the case of a divorce. Prenuptial agreements can also help the family of one spouse in the event that there are shared assets such as a family business.

Who Should Pursue a Prenuptial Agreement?

A prenuptial agreement is highly recommended for certain people. For example, if you own a business, expect to inherit a sizeable amount of money, have/earn significantly more than your spouse, or are marrying somebody with significant debts, pursuing a prenuptial agreement may be in your best interest.

Concerns with Prenuptial Agreements

Many couples are against prenuptial agreements because they feel that it may impact their marriage long-term. However, prenuptial agreements are highly customizable to the specific couple. In New Jersey, many couples decide to opt for a “sunset clause” which enables them to void the agreement after a certain duration of married time has passed.

If you decide not to pursue a prenuptial agreement, high-asset divorces can become particularly intensive to litigate.

One of the primary causes of conflict during a divorce is the distribution of marital property. In other words, the distribution must be equitable, or fair, but it does not have to be equal.

It is very important that you understand the difference between separate property and marital property. In general, property that you owned before you were married or after you or your spouse filed for divorce is separate property. Property bought while you were married and before either of you filed for divorce is marital property. However, there are a few exceptions. In addition to property bought before the marriage or after the filing for divorce, there are two types of property that are excluded from equitable distribution:

gifts intended for one spouse only that were not given by the other spouse and
an inheritance specifically left to one spouse.

Inevitably, equitable and fair distribution of marital assets becomes much more clear if a prenuptial agreement is filed.

How to Pursue a Prenuptial Agreement

If a prenuptial agreement seems like something that could benefit you and your family, the first step is to reach out a reputable New Jersey attorney. Here are some general considerations to make when deciding on an attorney to represent you:

is accessible
shows compassion to your family
is experienced in both negotiation and litigation
offers a valuable initial consultation
has the best interest of you and your future spouse

The next step is to schedule an initial consultation with your attorney in order to begin formulating a comprehensive prenuptial plan for your fam