- Personal Injury
For most of us, when we think about a day by the water, we imagine fun: relaxing in a hot tub, sunning on a lounge chair, playing “Marco Polo” in the pool with the kids. Unfortunately, there are countless ways a fun day by the pool, in a lake, or out at the beach can lead to serious injury or even claim a life.
There are two types of drowning accidents: fatal and non-fatal. This distinction becomes significant when seeking compensation, as different legal rules will apply depending on the accident’s outcome. While the tragic consequences of fatal drowning accidents are well known, the harms associated with non-fatal drownings are frequently overlooked.
Though it is generally good news when a drowning victim survives, unfortunately, there’s more to the story. The CDC reports that over 50% of near-drowning victims treated in hospital emergency departments require hospitalization or transfer for further care. These victims are often left with life-altering injuries, such as brain injury and heart damage, as well as non-physical issues like anxiety and post-traumatic stress disorder.
There are two general types of lawsuits you can file, depending on the outcome of the drowning accident. If the drowning accident was fatal, you will file a wrongful death lawsuit. If the drowning accident was non-fatal, your lawsuit will be a personal injury claim.
New Jersey defines a wrongful death as when a death is “caused by a wrongful act, neglect or default of another.” A wrongful death lawsuit can be brought by the deceased person’s estate whenever the deceased person would have been otherwise able to bring a lawsuit based on their injuries had they not resulted in death. This compensation is usually intended to support eligible surviving family members for things like:
- Lost financial support
- Lost companionship
- Lost value of household services done by deceased
- Medical, funeral, and burial expenses
A personal injury lawsuit is a legal action brought by someone personally harmed by someone else’s acts or failures to act. The purpose of the lawsuit is to recover compensation from the at-fault party. The damages in a personal injury lawsuit are intended to compensate the victim for their losses, including:
- Lost wages
- Medical expenses
- Pain and suffering
- Mental and emotional distress
In determining who’s responsible for a drowning accident, we examine all the relevant facts of a case.
Consider this hypothetical situation. Imagine a 12-year-old child fatally drowns at an uncle’s house. Suppose the child was being watched by the nanny at the time. But the child only got into the pool because the uncle had failed to install a barrier, which is required by New Jersey’s state law. Both the uncle and the nanny agree that the child was an excellent swimmer. The uncle thinks the child only drowned because the pool light came loose, causing electric shock. Who is responsible?
The company who installed the pool light?
The manufacturer of the pool light?
Without further investigation, it’s hard to say. The point is that many people could conceivably carry responsibility for a drowning accident, but at the same time, it’s unclear who of those people can be held legally responsible. It is really a matter of examining the facts and how they square with the law.
It’s our job to figure all of this out for our clients. So, if you or someone you love have been involved in a drowning or near-drowning accident, contact Rosenblum Law so that we may begin the process by answering your questions and, ultimately, getting you the compensation you deserve.
Ridesharing apps like Uber and Lyft are an increasingly common way for people to get around. With so many Uber and Lyft drivers on New Jersey roads, accidents involving them are bound to happen. Fortunately, the state requires ridesharing companies to carry large insurance policies to compensate the victims of accidents caused by their drivers.
New Jersey has a comprehensive law that requires ridesharing companies to take certain safety measures. They must run driving record checks, and their drivers must have safety inspections performed on their vehicles. But even with these precautions in place, their drivers sometimes injure passengers or other people on the road. That’s why New Jersey requires ridesharing companies or their drivers to carry insurance policies. Exactly how much insurance applies depends on what the driver was doing at the time of the crash.
If the driver isn’t logged into the app at the time of the accident, only the driver’s own personal insurance is available to compensate victims. If the driver is logged in and waiting to receive rides, insurance must cover fifty thousand dollars’ worth of injury per person. If the driver has agreed to provide a ride and injures someone on the way to pick up the passenger or after picking up the passenger, then insurance must cover one point five million dollars’ worth of personal injury.
In our experience, it’s best to hire a lawyer who can help to determine the driver’s status at the time of the accident.
A ridesharing driver can be found at fault for an accident whether the injured person is a passenger, a pedestrian, or in another car. But if you’re a passenger, New Jersey law also requires drivers for ridesharing companies to carry one point five million dollars of uninsured or underinsured motorist coverage. This means that if a passenger is injured in an accident where someone other than the Uber or Lyft driver is at fault, the passenger can still receive up to one point five million dollars in compensation if the other driver’s insurance can’t cover the full cost of the injury.
Any driver in New Jersey has to have their own car insurance, which includes Personal Injury Protection (or PIP) benefits that the insurance companies pay out to cover injuries regardless of fault. In most accidents, a person with PIP coverage can’t sue the driver at fault unless they suffered permanent injury, such as a disfiguring facial scar or loss of a limb. However, New Jersey law has an exception that allows PIP policyholders to sue ridesharing drivers even if they haven’t suffered a permanent injury.
If you or a loved one have been injured by an Uber or Lyft driver, contact Rosenblum Law for a free consultation today. Our experienced personal injury attorneys can analyze your situation and negotiate the best possible settlement for you.
Landlords in New Jersey have an obligation to maintain reasonably safe standards for all permitted visitors on their property, and even limited rights to people who trespass. So, this may seem like a very clear-cut area of the law, but it can become complicated pretty easily. That’s why, generally speaking, you should never pursue a legal matter without the input of an experienced personal injury attorney.
Here are just some examples of properties where a slip and fall accident could occur, resulting in an injury:
- Residential rental or leased properties,
- Commercial rental or leased properties,
- Private properties (such as a home), and
- Public access properties such as:
- Movie theaters,
- Retail shops, and
You will want to consider your visitor status at the time of your accident. There are three main categories of visitors under the law. They are:
- Business Invitee,
- Licensee, and
A business invitee is someone who is allowed on the property because the owner is allowing the premises to be open to the public for business. Residential and commercial tenants of a property are also included in the “business invitee” category. This type of visitor is permitted to be on the property, but oftentimes limited in where they are allowed to go.
Licensees are people who have legal permission to be on another’s property. The owner or manager of a property does not have to inspect and perfect a property for a licensee’s visit, however such visitors must still be warned of known dangers on the property. An example of a licensee would be construction or third-party maintenance workers, and social guests attending a party or event.
Finally, trespassers do not nearly have the same amount of rights as the other two categories of visitors. The owner of a property usually only has the duty of care not to intentionally, maliciously, or recklessly cause harm to the trespasser.
Filing an insurance claim is usually the first course of action when someone is injured in a slip and fall accident. Most New Jersey landlords will have liability insurance in case their negligence causes injuries to another party.
If a claim with the insurance company does not go the way you had hoped, you can take it a step further by filing a lawsuit. This requires your attorney to submit a formal “complaint” to the court making it clear that whoever you are suing was at fault and not acting in accordance with the laws. There will also be a request in the complaint asking the court to order the responsible party to compensate you for damages suffered.
Here at Rosenblum Law, most of the personal injury cases we handle end up with a settlement, which can occur at any time in the process. We put our decades of litigation experience and unrivaled legal expertise on your side to ensure you get the best possible chance to recover both physically and financially. If you or a loved one have been injured in a fall down stairs, don’t hesitate to take the crucial first step on the road to recovery.
If you’re like most New Jersey residents, a good part of your day is spent at work. When there is a hazard on the property — whether it’s an office building, factory, construction site, or store — you rightfully expect that there will be some sort of warning or notification about the potential danger. But, if you fell and were injured at your workplace in New Jersey, and you believe it to be the fault of your employer, you will want to discuss your case with a New Jersey personal injury attorney because you may be entitled to compensation.
When you contact an attorney, he or she will help you determine what will be covered, who will likely take what amount of liability for the accident, how much compensation you should be entitled to, and the likely outcome of your case. Generally speaking, especially if your employer is liable for the accident, you can recover most if not all of the losses you have already suffered from the injury, as well as any future costs you might face. This might include medical expenses, lost wages, costs pertaining to your dependents, and compensation for emotional trauma and pain and suffering.
Each specific scenario may have different rates, benefits, and restrictions. At Rosenblum Law, we make it our job to ensure that you, your employer, and their insurance are in compliance with the New Jersey law so you get the best possible outcome possible.
Workers’ compensation has a purpose and duty to protect the rights of employees and employers by being the “middle man,” managing, rejecting, and/or delivering benefits as needed, which is why all businesses in New Jersey that are not already covered by federal programs are required to have workers’ comp insurance offering temporary and permanent benefits, as well as death benefits.
If you were injured by a fall at work, you will need the guidance, support, and expertise of a highly dedicated legal team. At Rosenblum Law, we have decades of experience in getting our clients the best possible outcomes and providing unmatched attention to individual cases. Give yourself the best chance at the compensation you deserve by taking the crucial first step on your road to recovery.
For millions of New Jersey residents, public transportation is the primary mode of travel. With that comes conditions like spilled food and beverages; more mud, snow, and ice tracked into stations, busses, and trains; and other hazards that transportation operations workers are constantly trying to address. As a result, the inevitable can happen. People slip and fall, become injured, and rack up medical bills.
In the case of a fall injury on public transportation, your visitor status will likely be a “business invitee” which means you had legal permission to be on the property because public transportation entities are open to the public for business. Therefore, it is the property owner or manager’s duty to ensure that dangerous hazards are repaired in a timely manner and visitors are warned of any hidden defects that may cause injury. This is usually done by putting up signs, cones, and other signage or announcements to warn people.
Public transportation companies are usually state or municipal agencies, and the state, local governments, and public agencies have allowed special state laws (often called State Tort Claims Acts) to apply to them. For example, you must follow specific rules and guidelines to begin your claim, which are generally very different from a claim against a private party.
You also must file your claim in a timely manner. Lawsuits against the government generally have strict time periods in which you must take action on a matter. The Tort Claims Act in New Jersey requires you to give notice of a claim within ninety days to the public agency you believe to be at fault. If you miss this deadline, you will be barred from taking action forever. Once you give this notice properly, you have two years from that date to file a lawsuit. In addition, you cannot start a lawsuit for six months from the date you issue a tort claim notice to the proper agency.
A notice must be in writing and submitted to the correct agency. It is crucial that you make your claim to the correct agency or your claim may be dismissed as a whole. Even if you accidentally send the notice to the agency just a block away from the correct agency, it will more than likely be completely dismissed.As you can see, raising an issue or claim with a public transportation agency can often be intimidating and complicated. This is because you are essentially going up against an entity either owned or backed by the state. To secure the compensation you justly deserve, you will need the support of the highly competent and determined legal team here at Rosenblum Law. We have decades of litigation experience and unrivaled legal expertise to ensure you get the best possible chance to recover and move on with your life. If you or a loved one have been injured in a slip and fall on public transportation, don’t hesitate to take the crucial first step on the road to recovery.
Disputes with loved ones are always unpleasant, leading many of us so often to just forgive and forget. But when a friend or family member’s carelessness causes you to suffer injuries from a slip and fall accident, the stakes are raised. No amount of apologies will pay your medical bills, cover lost wages, or stop your pain and suffering.
This is when pursuing legal action becomes necessary. With the help of a qualified personal injury attorney, you can achieve the compensation you deserve while avoiding much of the discomfort that comes with filing a claim against a friend or loved one.
The vast majority of slip and fall accidents involving a friend or family member occur in and around the friend’s or family member’s home. If your accident falls into this category, you may be able to recover under that party’s homeowner’s insurance policy. Homeowner’s insurance policies cover most types of accidents. When you make an insurance claim, you must notify the insurance company of three things: First, that an accident occurred on their policyholder’s premises. Second, you are accusing their policyholder of being at-fault for the accident, and third, the insurance company is responsible for compensating you for your losses.
If the insurance adjuster rules against you or makes a low-ball offer, you may want to pursue a lawsuit.
Filing a lawsuit involves submitting to a court of law formal legal paperwork accusing someone of being at fault for causing your accident and requesting that they be ordered to compensate you for your losses. A judge or jury then decides whether whomever you sued is liable and, if so, how much they must compensate you.
Lawsuits are much more complicated and time-consuming than insurance claims. Fortunately, a qualified personal injury attorney can:
- handle the investigatory work,
- prepare and submit legal filings,
- build a persuasive argument for court,
- serve as an expert negotiator to get you the compensation you deserve, and
- be a buffer between you and your friend or family member.
While your case may be initiated by making an insurance claim or filing a lawsuit, the odds are that your case will end by reaching a settlement, which can happen at any point in time. A settlement is an agreement between the parties to a dispute to end their case early by coming to an agreement, which can happen at any time in the process. Traditionally, the accused party agrees to compensate the claimant, who in exchange agrees to forever drop the claim.
Taking legal action against a friend or loved one is never an easy decision and it can be uncomfortable as well. But when your only alternative is to suffer under the weight of unpaid medical bills, lost wages, and life-altering injuries, your well-being may require it. When you’re ready to take the first step on the road to justice, look no further than Rosenblum Law. Our reputation as a premier personal injury law firm has been earned through decades of experience successfully advocating for our injured clients. So, although disputes with people close to us are always difficult, taking legal action doesn’t have to be.