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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.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/fall-at-friend-or-family-property/
People who suffer from slip and fall injuries on wet floors often avoid serious injury or death, but that does not mean they don’t wind up with medical bills, lost wages due to time off work, and short- or long-term pain and suffering as a result of their injuries. So, if you fell on a wet floor in New Jersey, you may be entitled to compensation.
A wet floor could cause a potentially dangerous condition just about anywhere. Places where people have slipped on a wet floor and injured themselves include:
- Malls,
- Corporate offices,
- Restaurants,
- Retail stores,
- Religious places of worship,
- Schools,
- Gyms,
- Grocery stores, and even a
- Family member or friend’s house
Any one of these property owners or someone they designate to maintain the property may be liable for a slip and fall accident. And, they may be at fault for simply seeing or knowing of an existing or potential wet floor hazard and ignoring it.
In New Jersey, slip and fall injuries that occur on property other than your own will fall under premises liability law. This essentially analyzes the different levels of liabilities that a negligent party may hold for a visitor’s injuries.
One main factor while applying premises liability law, for the purpose of this specific cause, is the consideration of whether the fall on a wet floor was “reasonably foreseeable.” What makes an accident reasonably foreseeable is whether an average person would have anticipated that an accident could occur based on the condition of the property. This would include if the responsible party made a reasonable effort to keep the property safe from wet and slippery floors or provide notice of the potential hazard. A classic example would be a supermarket that puts up a yellow “Slippery When Wet” sign indicating that the floor had recently been mopped and could be slippery and dangerous.
At Rosenblum Law, our team’s unparalleled expertise will give you the best possible chance at recovering physically, mentally, and financially from your injuries. If you or a loved one have been injured in a slip and fall accident on a wet floor, don’t hesitate to take the crucial first step on the road to recovery.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/fall-on-wet-floor/
When the owners or caretakers of a property where a victim fell are to blame, they can face legal trouble, which might end with them having to foot the bill. While this is bad news for property owners, it is good news for you, as the injured person. With the help of a capable personal injury attorney, you may be able to get compensation for things like medical bills, lost wages, and your pain and suffering.
Because there may be many possibilities, it can be incredibly difficult to figure out exactly who is responsible for the safety of the property where you fell. For example, imagine you slip and fall in the parking lot of a grocery store. Let’s run through some of the potential suspects for liability. They include the:
- Store owner,
- Commercial owner of the building the store rents from,
- Commercial owner of a parking lot,
- Third-party maintenance company, and
- Public entities (like a state or local government).
As you can see, things can get complicated rather quickly. To figure out who can be held responsible for your accident, you will need a qualified personal injury attorney to consider the exact circumstances of your case and investigate to determine who was responsible for the safety of the property where you fell.
The liability rule at play when someone falls on a wet floor is known as “premises liability.” Premises liability deals with the duty landowners or others responsible for a property owe to the people who are invited onto the property.
So, for someone to be held responsible for your accident, four things must be true:
- You were lawfully on the property.
- You were injured by a dangerous condition of the property.
- The landowner either created the dangerous condition or had notice of it.
- The landowner failed to address the dangerous condition.
Your case will generally involve three critical stages:
- Determining who can be held responsible
- Building your claim, and
- Proving your claim
In our experience, most personal injury cases end with a settlement. A settlement is when the two parties to a legal action come to an agreement prior to going to trial. While most personal injury cases settle, you are by no means guaranteed a settlement. You will need a highly skilled and competent attorney to negotiate with opposing parties on your behalf to give yourself the best chance of getting a fair settlement amount. If you do not have a skilled negotiator and the legal expertise of an attorney on your side, the odds of getting the best possible amount that you deserve will likely be lower.
The bottom line is, you will need a team of highly experienced, client oriented, and passionate attorneys to maximize your chances of receiving the compensation you deserve. Call us at 888-815-3649 for free consultation. We will listen to the facts of your case and advise you on the best path forward.
Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/wet-floor/
Finding out who is legally to blame for any accident can be complicated, but if a fall happens in a nursing home, figuring out who might be responsible can be a difficult task because many different people and/or entities could be responsible for your safety at these types of facilities.
Most often, the responsible party will be the nursing home itself. But this isn’t always the case. For example, a nursing home might be leasing its building from a commercial landlord and that lease might make the landlord responsible for certain areas or conditions of the property. Or, a nursing home might use a third-party contractor, like a maintenance company. And their contract might make the maintenance company responsible if their work there leads to a fall. It’s also possible for a public entity to be responsible. This could be because the public entity runs the nursing home. Or, it could be because the public entity is responsible for a portion of the nursing home, like the parking lot.
Your attorney may need to consider and investigate the exact “status” of whoever is responsible for your fall. By “status,” I mean what they are officially considered to be: A hospital? A non-profit? A corporation? This is because sometimes, nursing homes will look to avoid responsibility by claiming they should be classified as something other than a nursing home.
If you file a personal injury lawsuit, you and your attorney will need to prove that whoever you are accusing was at fault for your accident. Generally, a person or entity is responsible when:
- You were lawfully on the property.
- You were injured by a dangerous condition on the property.
- They had notice of the dangerous condition.
- They failed to address the dangerous condition.
When it comes to a slip and fall accident, the fate of your claim directly affects the well-being of you and your loved ones. To give yourself the best chance at recovering the compensation you are justly owed, hire the attorneys at Rosenblum Law. We have spent decades aggressively advocating for our injured clients, and our work has produced winning results.
Read More: https://rosenblumlaw.com/personal-injury/nj/slip-and-fall-accidents/
If you’re facing a “Driving Under the Influence” or “Driving While Intoxicated” charge, you may already know it’s a very serious traffic offense in New Jersey. In addition to possible jail time and heavy fines, a conviction for driving under the influence or while intoxicated can impact your insurance rates and financial security for an extended period of time.
We’re often asked, “How will my insurance be affected by a conviction for a DUI or DWI?” Well, in New Jersey, a conviction could result in a steep increase in auto insurance premiums, even if there was no accident resulting in injury to people or property. Although the amount by which your insurance will go up depends on the policy, a DUI or DWI will likely place you into a “high risk” insurance class. This can cause your insurance rate to more than double, or in a worst-case scenario, get your coverage canceled entirely. Yes; an insurance company can actually terminate your policy after learning of your DUI or DWI conviction. Ending up in this type of situation is extremely stressful, as finding a new insurance company to cover you can be very difficult and costly.
It is important to note that the financial consequences of a DUI or DWI conviction can affect you long term. On top of your monthly premiums, you’ll be charged a DMV Surcharge of one thousand dollars a year, for three years. And, as DUI/DWI convictions stay on your record, being labeled high risk may make you ineligible for safe driver discounts offered by insurance companies in the future.
Considering the substantial court fines and penalty fees you might face outside of increased insurance premiums, the financial implications of a DWI can be significant. Costs can potentially total anywhere from four thousand to over six thousand dollars. The consequences this may have on your life can be devastating. This is why it is important to consult with an experienced DUI attorney if you are facing a DUI charge. At Rosenblum Law, our attorneys are ready to use their experience with DUI and DWI cases to help you avoid potentially devastating financial consequences. Unfortunately, once your case is done there’s nothing we can do to help so if you have an open DUI case, call us today for a free, no-obligation consultation.
Read More: https://rosenblumlaw.com/our-services/criminal-defense/dwi-in-new-jersey/
One important element of estate planning is preparing for situations where you might not be able to manage your own finances, either due to incapacity or because you are otherwise unavailable. In these scenarios, it’s crucial to ensure that things like mortgage payments and insurance bills continue to get paid and that your financial life doesn’t come to a standstill.
A power of attorney for your finances is the best way to prepare for this situation. This document will authorize an agent that you choose to step into your shoes and handle your finances according to your instructions.
The authority granted in a power of attorney can be as narrow or broad as its creator desires. A narrowly drafted power of attorney can be useful if you want to authorize someone to do something very specific in your absence, such as maintain a home. If you’re looking for someone to completely manage your finances in your absence, it’s best to grant them as much power as possible.
When you speak with an estate planning attorney, they will review your financial situation and discuss your wishes to determine the best way to draft this legal document.
A power of attorney can be written to be “durable,” meaning that it will continue to be in effect even if it’s creator becomes incapacitated. This document can also be written to be either “springing” or “immediate.”
A springing power of attorney only comes into effect when its creator becomes incapacitated. While this is useful in controlling who has access to your finances and when, it should be noted that when a power of attorney is drafted to be springing, it will require signoffs by medical professionals who will need to confirm that you are in fact incapacitated.
This extra step can sometimes cause delays in putting the document to work, which can in turn result in delays in attending to your finances. If you would prefer to avoid those delays, it would be best to have the document go into effect immediately.
The last important thing to consider when creating a power of attorney is who will be authorized as your agent. Depending on how your power of attorney is drafted, your agent may have full control over your finances, and thus should be someone that you completely trust and know to be capable of handling financial matters.
A power of attorney is a necessary part of any good estate plan and will ensure that your finances remain intact even in a situation where you are not there to manage them. An experienced attorney can create this document for you and make sure it legally reflects your wishes. At Rosenblum Law we’re here to guide you through this process step-by-step. Call us now for a free consultation.
Read More: https://rosenblumlaw.com/estate-planning/nj/poa-stealing-inheritance/