There are legal remedies available to the heirs and dependents of a person killed in an accident pursuant to New Jersey’s Wrongful Death Act and Survival Statute. A wrongful death claim is a lawsuit that arises when an individual is killed as a result of the conduct of another person. These claims can arise out of negligent, careless, or even intentional conduct. For instance, negligent or reckless operation of a motor vehicle is a fairly common basis for a wrongful death lawsuit. In other circumstances, an intentional act like an assault that leads to the death of an individual can also form the underlying basis for a wrongful death lawsuit. The leading causes of wrongful deaths are medical malpractice, car accidents, unsafe products and workplace accidents. (more…)
Now that the cold weather has finally arrived here in New Jersey, property owners need to remember that they have a responsibility to guard against slip and fall risks for injuries. Icy and snowy conditions are among the leading causes of slip and fall accidents. Although business owners do have a heavier burden of safeguarding their premises than residential property owners, it is important to know that all property owners carry the responsibility to some degree or other of keeping their premises safe. (more…)
Winter weather has arrived in New Jersey and bad weather conditions are commonly a factor in motor vehicle accidents. Snow and ice can reduce visibility while simultaneously increasing stopping distances. Therefore, additional care must be exercised when driving in any adverse weather conditions, but particularly winter weather. A car accident in the winter has great potential for harm and liability. Before contacting your or the other driver’s insurance, one additional issue is that insurance adjusters will often attempt to get a driver to admit liability for an accident in snowy conditions in order to avoid paying claims. (more…)
Premises liability is the part of personal injury law that deals with injuries which occur on other people’s properties, or premises. The most common type of premises liability claims are slip and fall accidents, which are often caused by unsafe property conditions. If somebody is seriously injured on another person’s property, be it residential or commercial, the injury victim may be able to recover compensation depending on how and why the injury occurred.
Hopefully, you will never get into an automotive accident. Unfortunately, the statistics aren’t exactly favorable. According to the New Jersey Department of Transportation, over 280,000 crashes occurred in 2013 alone, or about 767 accidents each day. If the worst does happen, it helps to be prepared. In this article, car accident lawyer Joseph Lombardo will explain the steps drivers should (and shouldn’t) take after getting into a crash or collision with another vehicle. Taking the right steps is critical if you plan to file a personal injury claim – and if you want to avoid getting arrested. (more…)
The commercial trucking accident that caused comedian Tracy Morgan to suffer a severe traumatic brain injury has received an extensive amount of coverage in the press and mass media. In recent weeks, Mr. Morgan’s lawyers have informed the public that neither they nor doctors know if Mr. Morgan will ever be able to make a full recovery or resume his career. While this new is certainly tragic, it is perhaps not entirely unexpected considering that the severity of the June 2014 accident had already taken the life of comedian James “Jimmy Mack” McNair.
Massachusetts and Missouri have placed temporary bans on highway guardrails manufactured by Trinity Industries. State Highway officials say the guardrails, which have been linked to deaths and amputation injuries, have a defective design which allows them to puncture cars and their occupants like “spears.” Now at the center of multiple product suspensions and personal injury lawsuits, Trinity maintains that its guardrails are perfectly safe and meet all federal guidelines.
Many people are familiar with the legal concept of wrongful death, where one party’s negligence results in the preventable death of another person: for example, a doctor who makes a terrible mistake during surgery. It is far less common to hear about instances involving wrongful life. Perhaps because abortion is such a divisive topic in the United States, often resulting in gridlock between pro-life and pro-choice camps, wrongful birth and life legislature has been slow to develop and many states bar parents from having the option to sue. New Jersey, however, is not among them. What are the legalities surrounding these rare and emotionally devastating cases?
From his days on Saturday Night Live to his role on TV show 30 Rock, Tracy Morgan has always been loved as a comedian — but his current state of affairs is no laughing matter. Morgan was hurt in a car crash on the New Jersey Turnpike in June, and now, over two months later, is reportedly still fighting to make a full recovery from his injuries. In July the popular actor filed a lawsuit against Wal-Mart for its involvement in the accident, and Morgan’s attorneys say their client continues to struggle with the medical fallout of his ordeal. His ongoing story is a grim reminder of just how devastating auto accidents can be for their victims, and of how important it is to fight for accountability when the worst happens. But why is it that Wal-Mart itself — and not just the actual driver — could be held liable for the crash?
Subaru is one of the most popular auto manufacturers in America, selling hundreds of thousands of cars in dealerships across the nation each year. But now, a lawsuit is alleging that some of Subaru’s most popular models could be ticking time bombs. The suit, filed in U.S. District Court in Camden earlier this month, alleges that numerous Subaru models consume excessive oil and suffer from piston problems, and that these defects have the potential to cause injury or death to drivers. The suit takes its allegations one step further by claiming that Subaru was well aware of these hazards, yet failed to warn its unknowing consumer base. Could your car be affected?
