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Someone’s Dog Bit Me: Are They Liable?

dog bite liability

Many of us believe “a dog is man’s best friend”, but we must still remember that dogs are still animals, and they have personalities of their own, many with aggressive tendencies.  When dogs feel threatened, scared, overwhelmed, or confused, they will often act out, just as humans do. When dogs act out, sometimes, they bite. And when they bite, dog bites can cause serious injuries.  Regardless of the reason for the dog bite, a dog owner is almost always held responsible for the actions of his or her dog. What Is the Law Governing Dog Bites in New Jersey? When… Read More

Suing for Damages: Who Pays? The Person at Fault Pay or Their Insurance Company?

suing for damages

Suffering an injury at the hands of another is never easy to deal with, especially if you decide to file a lawsuit.  Yet many people that we represent tell us that they feel awkward suing someone personally for damages. Fear not. In almost all cases, the insurance company for the wrongdoer is paying for his or her attorney, in addition to any damages caused by their negligent acts as part of the insurance agreement with the wrongdoer.  Whether it is through auto insurance, homeowners insurance, or renters insurance, almost all claims are paid and defended by the insurance company.   The… Read More

I Got Hit by a City Sanitation Truck: Do I Have a Case?

truck accident lawsuit

There are hundreds of city sanitation trucks on the roads of New Brunswick. Sometimes they are unavoidable. Maybe you get stuck behind them on their route, or they trail behind your vehicle. Either way, these trucks are broad, heavy, and slow. What happens if one of these trucks collides with you?  What recourse do you have when a public works vehicle hits you? Can you recover compensation through a truck accident lawsuit, even though the city, township, or borough where you live owns the trucks? This article will explore this topic and underline your legal rights in this situation. Can… Read More

Title 59: All You Need to Know

title 59 new jersey

Sovereign Immunity Under the law, in the State of New Jersey, as well as its counties, municipalities, and commissions, these jurisdictions have directives for sovereign immunity as the general rule for its employees and for itself. This immunity prevents them from being sued even when they are at fault.  Thankfully, the immunity is not all-encompassing and there are circumstances in which public entities and their employees can be sued for their negligent acts or omissions.  Common Lawsuits Filed Under Title 59 Under Title 59 in New Jersey, the most common exceptions that allow for the filing of a lawsuit include… Read More

Five Signs Your Doctor May Be Liable for Medical Malpractice

medical malpractice in new jersey

Medical malpractice is a serious medical threat and impacts thousands of people every year in New Jersey. When you go to a doctor or hospital, you expect the medical provider to diagnose and care for your illness or disease properly so that you can return to good health. However, there are times when a doctor, nurse or hospital may not provide you with the appropriate level of care necessary to treat your condition. Here are five signs your doctor may be liable for medical malpractice in New Jersey. Diagnosis Delays One of the most common ways doctors face medical malpractice… Read More

How Do You Determine the Value of Emotional Distress?

emotional distress

What is emotional distress? The legal definition, according to Webster, is “a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another’s conduct and for which damages may be sought.” As you can imagine, it is a difficult task to prove emotional distress, given its intangible nature. Emotional distress can include anxiety, nervousness, guilt, frustration, insomnia, fear, shame, and humiliation. Many personal injury victims experience some type of emotional distress, but persuading the judge or insurance adjustor takes more than a list of symptoms. You have to provide evidence and clearly state how those symptoms affected you. … Read More

Are Public Entities Immune from Liability Claims?

nj public entity liability

Let’s start by defining what a public entity is. Any government entity, agency, department or other instrumentality of the state or local government, as well as a government-run transport agency or commission, is considered a public entity. As a general rule in New Jersey, sovereign immunity prevents citizens from suing the government, its public entities or its employees unless specifically authorized by statute. That means that government employees who are acting as agents of the state within their employment scope are immune to most lawsuits arising out of their negligent acts. However, there are exceptions to the general sovereign entity… Read More

How to Spot Dangerous Dogs

dangerous dog bite

The State of New Jersey has a clear law regarding animals and what happens when they injure people. A study by the Center for Disease Control (CDC) says that 4.7 million animal bites occur in the USA every year. That is a frightening statistic. But knowing how to spot dangerous breeds of dogs and recognizing the warning signs will help make you feel safer, and possibly help you prevent a dangerous dog bite. In the worst-case scenario, if you do get a dog bite, you should know what steps to take right away and how to protect your legal rights…. Read More

How to File a Claim Against NJ Transit If You’re Hurt on the Train

claim against nj transit

Filing a claim against the New Jersey transit system can be a very trying task, so it makes sense to have an experienced attorney on your side to ensure you have the best chance of success. Here are the steps to take to file a claim, as well as some other things for your consideration. Who is Liable in a New Jersey Transit Accident? New Jersey Transit has a higher number of accidents than most transit entities in the United States. In the last five years alone, the number of accidents reported has gone over 150, making it one of… Read More

Marital Woes: Can You File a Claim for Loss of Consortium?

loss of consortium

With more than 815,000 lawsuits filed 2018, it is safe to say New Jersey’s legal system is robust. 503,600 of these cases were civil, and a large number of those were for personal injuries. Loss of consortium claims, however, made up only a small percentage of the total number. That is likely because many people are scratching their heads and asking, “What is loss of consortium?” After learning what it is, they then ask, “Can you sue for loss of consortium?” You are in luck because the experienced team at Rossetti & DeVoto, PC is here today to answer these… Read More

Heading for Disaster: The Ramifications of Head Injuries from Soccer

head injuries from soccer

There are an estimated 2.3 million children who play soccer in youth leagues every year. This number is down significantly from previous years due to a multitude of factors, one of the largest of which is something surprising – traumatic brain injury from heading soccer balls. Learn more about TBI signs and symptoms, the long term effect of concussions caused by soccer, and how TBI liability works below. What is a TBI? A traumatic brain injury (commonly referred to as a TBI, concussion, or craniocerebral trauma) is a type of brain injury that involves the “short-circuiting” of an individual’s brain… Read More

Medical Negligence: What to Do If Your Doctor is Weighing Cost of Care Over Quality of Life

medical negligence

While the cost of health care in America seems to be getting higher every day, the quality of care and attention patients receive from medical providers does not seem to be keeping pace. In this managed care world, with PPOs and HMOs, many Americans feel like the quality of their care is taking a back seat to efforts to limit the costs of care by limiting the care itself. Physicians are expected to adhere to established treatment standards, but some doctors are putting the cost of care above providing the required standard of care when treating their patients. When a… Read More

How to Prove a Negligent Security Claim

negligent security claim

Whether you are dining at your favorite restaurant or spending a night in a hotel, you have an expectation of safety and security. You have a reasonable expectation that the establishment has adequate policies to protect you from harm. Does anyone expect to be robbed while leaving a restaurant or get assaulted on their way back to their hotel room? Does the owner of that restaurant or hotel owe any duty to their customers to keep them safe from harm? If they owe such a duty, can they be held legally liable by the customer for damages incurred as a… Read More

Why You May Not Initially Notice Serious Injuries Right After a Crash

serious injuries right after a crash

Automobile accidents account for 30,000 to 40,000 deaths each year in the United States. In addition, it is estimated that more than 3 million people are injured each year in car accidents, with close to 2 million of those injuries being of a permanent nature. For some people injured in an automobile accident, their injuries are immediately noticeable, like a broken bone or a deep laceration. For others, no initial injury is evident. Does that mean they were not injured? Let’s look at why you may not initially notice serious injuries right after a crash. What is Whiplash? Most people… Read More

Help! I’ve Been Injured in an Accident Where the Other Driver Doesn’t Have Insurance!

injured in an accident

Car crashes are no “accidents”. And distracted driving is almost always the cause—whether it’s texting, gazing out the side window or changing the radio station, these seemingly innocent distractions cause major injuries on a daily basis.  While no one wants to get in a car crash, usually there is insurance available to protect the injured victims. Unfortunately, more and more people are driving uninsured. In New Jersey, an insurance policy can actually be purchased that only provides for payment of the at-fault driver’s medical expenses and not for the injuries or medical bills incurred by the innocent victim.  What happens… Read More

How to Stop your Kids from Texting and Driving

How to Stop your Kids from Texting and Driving

One of the scariest things for a parent is to watch your children grow up and become more independent. While you always want them to excel as they mature, having them go off on their own is a scary concept. And, learning to drive on their own is a way to move towards this growth. Still, when they are just starting to drive, you want to be especially wary of them paying attention to the road. Fortunately, parents, today can rely on driving apps to help. There are a variety of distracted driving apps you might consider, all designed to… Read More

Is Your Personal Injury Settlement Taxable?

Is Your Personal Injury Settlement Taxable?

If you are hurt in an accident through no fault of your own, it is only right that you receive compensation for your injuries and lost wages, as well as any emotional distress you suffer. What happens when you agree to a large settlement or win a significant jury award? Is this considered income by tax officials, or is it merely recompense for the injuries you received? Is your personal injury settlement taxable? Most Injury Settlements and Jury Awards Aren’t Taxable In the majority of cases, no, your personal injury settlement will not be subject to taxation in New Jersey…. Read More

The Most Common Types of Truck Accidents

common types of truck accidents

There is a multitude of elements which may result in an automotive crash. From the glare of the setting sun or a torrential downpour to speeding or failing to adhere to posted signage. One of the most dangerous types of vehicle crash involves commercial trucking. These vehicles are massive, and the damage they can cause is equally immense. Here are some of the most common types of truck accidents. Tire Blowout Tire blowouts can happen to any motor vehicle, but trucks are especially prone. Because of the huge weights these vehicles haul, their tires occasionally experience catastrophic blowouts. When these… Read More

Clostridium Difficile Bacteria and Medical Malpractice Claims

clostridium difficile bacterium

Clostridium difficile is a dangerous bacterium which has been in the news quite a bit recently. Caused by poor hygiene, it can have devastating effects on the intestines of those afflicted. Here is what you need to know about the Clostridium difficile bacterium and medical malpractice claims. What is Clostridium Difficile? Clostridium difficile, also known as C. diff, is a bacterium that causes severe, life-threatening inflammation to the intestines, especially the colon. C. diff most commonly affects the elderly, particularly those in long-term care facilities or hospitals. Recent studies and reports, however, have shown the C. diff bacterium and the… Read More

Traumatic Brain Injuries: What Are They and Who Is Liable?

traumatic brain injury

Brain injuries cause untold harm to millions of Americans each year. From difficulty with concentration to headaches and dizziness, these traumatic injuries often have long-lasting implications for those affected. Traumatic brain injuries: what are they and who is liable? What is a Traumatic Brain Injury? Traumatic brain injuries – or TBIs – are the result of trauma to the head or neck. Often the result of a bump, a severe blow or even a jolt to the head, TBIs involve disruption of the brain’s normal functioning.  According to the Center for Disease Control and Prevention (CDC), TBIs are a severe… Read More

Is it Possible to Increase the Value of My Personal Injury Claim?

personal injury small claims increase

Accidents happen when you least expect them.  And when that accident causes injuries, it is especially aggravating and disruptive to our normal lives.  That brings us to today’s topic. Let’s say you have suffered an injury due to someone’s negligence – perhaps it was a slip and fall injury, perhaps it was the result of a motor vehicle accident. You may ask yourself, “What is my personal injury claim worth?” Further, you may wonder, “Is it possible to increase the value of my personal injury claim?” Today, we answer those questions.   What is My Personal Injury Claim Worth? There… Read More

How Can You Determine If a Product Is Defective or Faulty?

defective or faulty product

Being injured is never a good thing. This is especially true if you were injured through no fault of your own. When a person is hurt because of a defective product or poor warnings for hidden dangers, they may be able to claim compensation for their injuries. But how do you know if it was a faulty product and not just a freak accident? Here’s how you can determine if a product is defective or faulty. How to Determine If a Product is Defective or Faulty One of the first questions people often as a lawyer after they’ve been injured… Read More

The Biggest Risk Factors for Animal Bites

risk factors of animal bites

Family pets in America are popular today than ever.  Also increasing in popularity are rescue pets. Of course, with the increased numbers of pets comes added risks. The most common risks associated with pets are animal bites and falls caused by dogs. The owners of these four-legged friends must care for them properly and secure them from getting loose in the neighborhood. If they are negligent in this regard, injuries to others are likely to occur. Risk Factors When considering risk factors, animal bites are the first thing that comes to mind. Dogs have a protective nature that makes them… Read More

Heart Medicine Recalls: What You Need to Know Now

heart medicine recalls

Over the last year, multiple blood pressure medications have been recalled by the Food and Drug Administration (FDA). This is because of the discovery of potentially cancer-causing contamination in some of the batches of the medicines. As more and more blood pressure and heart medicine recalls occur, here’s what you need to know now. Dangerous Medications: A Growing Problem Since 2018 specific “lots” or batches of a wide variety of popular blood pressure medications have been subject to voluntary and forced recalls. These medications include specific batches of irbesartan, losartan, and valsartan, as well as combination drugs with valsartan. And,… Read More

What Is Title 59 and How Does It Affect Personal Injury Claims?

title 59

When a person is injured through the fault or negligence of another person or company in New Jersey, they have legal recourse to file a claim seeking compensation for the damages and medical costs associated with their accident. But what happens if the negligent party is the State of New Jersey or another local public entity, such as a town, county or public agency?  State and local public entities are entitled to protection from certain lawsuits under a law known as the Tort Claims Act.  This Act is codified under Title 59 of the New Jersey Statutes and protects public… Read More

Understanding the Rights of Your Child With Cerebral Palsy

cerebral palsy disability rights

Cerebral Palsy is a condition that affects muscle tone, movement, and fine motor skills. It is often the result of brain damage that occurs from oxygen deprivation during pregnancy, during childbirth or shortly after birth.  It may affect each person differently, depending on the extent of the damage and which part of the brain is involved. However, most children who suffer from this condition face severe life long difficulties. If your child suffers from this condition, there are things you should know to help protect them.  Here’s what you need to know about understanding the rights of your child with… Read More

What Types of Evidence Are Required to Prove My Negligent Security Case?

negligent security cases

Visiting a restaurant, bar, or nightclub can end with you being the victim of an assault, battery, or other serious crime. This is a horrible experience that most of us never anticipate when we go out for the night. After all, why would anyone want to attack me? However, attacks are often a result of the way a business establishment operates and the way in which they handle security threats. If you have been injured as a result of negligent security at a restaurant, bar, nightclub or hotel, you may be able to seek compensation for your injuries, including the… Read More

What Are the Major Causes of Congenital Anomalies?

congenital anomalies

According to the World Health Organization (WHO), an estimated 303,000 newborns will die within just four weeks of their birth each year as a result of a congenital anomaly. Congenital anomalies, also known as malformations or birth defects, are caused by problems which arise during the fetus’s development in the womb. Congenital anomalies can directly contribute to a whole host of long-term disabilities which can have a significant impact on the lives not only on the children who are born with them, but also their families, health-care systems and even the wider community. But what are the major causes of… Read More

Common Construction Site Injuries

Common Construction Site Injuries

Construction sites are among the most dangerous places for workers. With so much going on, and so many moving parts, the potential for injury lurks around every corner. Construction site injuries can lead to permanent disability, partial or full paralysis, or even death depending on their nature and severity. According to statistics compiled by the Bureau of Labor Statistics, the so-called ‘Fatal Four’ construction site accidents result in over 631 deaths every year in the United States. Here’s what you need to know about the most common construction site injuries. Falls Falls are the leading injury on construction fatalities. Of… Read More

Was a Loved One Wrongfully Killed Due to Police Negligence

wrongful death police

Law enforcement officers have been under scrutiny following a string of killings in recent years where community members were shot and killed in what many experts describe as an extreme use of excessive force.  While the criminal proceedings have made headlines, the civil suits have been quietly settled in many of these cases. But how is a family compensated when a loved one is wrongfully killed due to police brutality or negligence?   New Jersey Wrongful Death and Survival Acts Suits seeking damages for wrongful death – including those at the hands of the police – are subject to two… Read More

Lou and Andy Named to Best Lawyers 2019

Rossetti & DeVoto

Andy Rossetti and Lou DeVoto have again been named to New Jersey's Best Lawyers for 2019 for Personal Injury Litigation. This is the 15th year in a row that both Rossetti & DeVoto have been named in the elite rankings.

Did You Know…

Rossetti & DeVoto

Rossetti & DeVoto, PC was selected for inclusion in the 2018 Bar Register of Preeminent Lawyers by Martindale-Hubbell, ranking them among the most distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto
Rossetti and DeVoto

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