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Employee Notice Obligations 101

If you’re an employee in New Jersey it’s important to know how to cover yourself legally if you get injured on the job. If you don’t, you could inadvertently forfeit your right to workers’ compensation. Here’s our guide to notice obligations for employees in work-related accidents. Workers’ Compensation “No fault” insurance programs (including workers’ compensation) provide the following benefits to employees who suffer job-related injuries or illnesses: Medical Benefits Temporary Total Benefits Permanent Partial Benefits Permanent Total Benefits Death Benefits for those whose death was the cause or result of their work A “no-fault” insurance program means that an injured… Read More

Insurers Are Raising Rates For Those Who Are Hit By Another Person’s Car

If you cause an accident, you expect to see an increase in your auto insurance premiums. That’s nothing new. What is new is the fact that today, anyone involved in a car accident could end up paying more for coverage, even those who are not deemed culpable. Here’s why insurers are raising rates for those who are hit by another person’s car. Not-At-Fault Accidents A recent study by The Consumer Federation of America found that people involved in, but not-at-fault for, accidents were likely to face increased premium ranging anywhere from $60 to $400 annually. This is true for nearly… Read More

Tips For Swimming And Boating Safely With Your Family

Human beings as a species are pathetically incompetent in the water. Compare the best human swimmer with even the worst fish and you’ll see just what we mean. With this in mind, it’s essential to consciously practice a conservative attitude of respect and caution if and whenever you’re swimming. Here’s our guide to swimming and boating safety to keep your head above water. Swimming Safety Tips Here are our top three tips for keeping yourself and your children safe while swimming. Make Sure Your Children Are Supervised Children should never be allowed to swim unsupervised by adults anywhere. MedlinePlus reports… Read More

How To Pick The Right Car For Safe Teen Driving

The Insurance Institute for Highway Safety (IIHS) estimates that of all parents who purchase vehicles for their children, 83% buy used cars. However, while such cars may have a price advantage over something brand-new, they may not be “good as new” in terms of safety. Here are some factors parents should consider if they want their teenagers to drive something safe, reliable, and economic. Focus on Crash Test Ratings Car companies and independent researchers conduct these tests for a reason: consumers demand them. For vehicles of every make, model, and year, there’s plenty of data out there on how well… Read More

Maximizing Your Car’s Visibility At Night

Driving at night can be dangerous. But driving at night with limited visibility, that can be deadly. Here are some tips and tricks on how to keep yourself safe by maximizing your car’s visibility at night. Your Car’s Visibility People chronically overestimate their own skills behind the wheel. That is just a fact. It’s a psychosocial phenomenon referred to as “overconfidence bias,” which is prevalent in a variety of fields from gambling to sports to, of course, driving. Although intoxication, aggressive and distracted driving, speeding, and so forth are usually the direct causes of car accidents, overconfidence is often the… Read More

Car Crash Survival Guide

Car Crash Survival Guide

There is an alarming rate of twenty to fifty million people injured in car accidents every year. Due to this large number, there is a high chance that you or your loved ones may be in an accident at some point in time. It may be a minor accident or it may be major. Regardless, we’re here to make sure you know exactly what to do. As long-time auto accident attorneys in Cherry Hill, NJ, we’ve seen our fair share of accidents. With more than $1 billion recovered for our clients, we know exactly how to fight for you. This… Read More

Returning to the Job After a Workplace Injury: Light Duty

Returning to the Job After a Workplace Injury_ Light Duty Title image

You’re working, are involved in an accident, and are injured. This scenario happens every day and, unfortunately, affects individuals and families across the state. Thankfully, New Jersey has a law in place called the Family and Medical Leave Act (FMLA). It exists specifically to help you and your family in these sorts of situations. The FMLA makes sure that you’re protected from being physically incapacitated and unable to work due to a work-related injury. Perhaps, more importantly, the FMLA ensured that your employer is required to pay your workers’ compensation until you’re able to return to the job. What happens… Read More

Am I Liable for Texting a Driver Who Crashes

Texting a Driver Who Crashed_ Who's Liable_ Title Image

Let’s start with the facts:         25% of all motor vehicle accident involves a cell phone         This amounted to over 340,000 accidents in 2013 alone         There are nine people killed every day in car crashes due to distracted driving, many of which involve texting and driving All of these are different ways of telling the same story – texting while driving is incredibly dangerous. This is common knowledge. What isn’t so readily apparent, though, are the dangers that come from texting someone who is driving. According to New Jersey’s Appeals Court, you can be held legally responsible for texting someone you… Read More

Bike Riding Safety Tips

Bike Riding Safety Tips

There were more than 800 bicyclist deaths in 2015. While this number is not as high as, say, motorcycle accident fatalities, it is still much higher than it should be. Cyclists, motorists, and even pedestrians could stand to learn a few valuable bike riding safety tips. Thankfully, we are here to teach you how to stay safe while cycling. We are New Jersey’s premier wrongful death law firm and have learned a thing or two about safety over the years. Keep reading to find out valuable tips and don’t hesitate to call us today at 856-354-0900 if you have been… Read More

When is An Injury a Workplace Accident?

Injury in the Workplace

34% of all Americans work in the ‘gig economy’. The 21st century has brought new technology, new opportunities, and new challenges. Work is as old as agriculture, but the working world of today is wildly different from what it was even ten years ago. Telecommuting, Uber, and the new definition of the workplace have impacted a wide variety of people. The challenges that people have are reflected in the law. Case law is constantly developing, and lawmakers institute new statutes every day to try and keep up with the times. As workers’ compensation lawyers, we want to help you stay… Read More

Products Liability – Knowing & Preparing for NJ’s Successor Liability

By: Anthony J. Medori, Esq. & Andrew J. Rossetti, Esq.   Your company is looking to acquire another entity’s assets.  In-house counsel has examined the purchase agreement to ensure it incorporates the general rule of successor liability: “where one company sells or otherwise transfers all its assets to another company the latter is not liable for the debts and liabilities of the transferor, including those arising out of the latter’s tortious conduct.”[1]  In other words, if Company A sells or transfers all of their assets to Company B, then Company B is not liable for Company A’s debts or liabilities. … Read More

Bringing Title 59 Claims

Liability of Local and State Governments: Evaluating Title 59 Tort Claims Presented by: Louis J. DeVoto, Esquire- Certified Civil Trial Attorney Past President, Trial Attorneys of NJ Presented for ICLE- New Jersey Law Center, New Brunswick, NJ October 29, 2015 Chapter 1: Legislative declaration, definitions and various provisions defining the scope of the Act. Chapter 2: Applies to public entities and establishes a presumption of immunity (including discretionary) unless liability is expressly allowed in the Act. Chapter 3: Applies to public employees and establishes a presumption of liability unless there is an immunity. Chapter 4: Dangerous Conditions Covers liability and… Read More

The Art of Direct Examination

The Art of Direct Examination                         Presented for: National Business Institute Cherry Hill, New Jersey January 23, 2007 Presented by: Louis J. DeVoto, Esquire Rossetti & DeVoto, P.C. 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 856-354-0920 fax www.RossettiDeVoto.com DIRECT EXAMINATION – AN IMPORTANT BUILDING BLOCK TO YOUR CASE FOUNDATION             Direct examination is one of the most overlooked elements of a jury trial. Trial attorneys will often suggest that opening statements, cross examination and closing arguments are what win jury trials. But the case in chief, direct examination, is where the case is proven. If you can’t… Read More

Medical Malpractice – The Affidavit of Merit Requirement

  AFFIDAVIT OF MERIT Hot Tips for Civil Litigators ICLE- NJ September 17, 2011                   Louis J. DeVoto ROSSETTI & DEVOTO, PC 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 ldevoto@rossettidevoto.com     I.       History   The Affidavit of Merit (AOM) was created in 1995 by the enactment of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26A et seq.   The statute has undergone some modifications since its original enactment, particularly with respect to what professions it applies to and what experts may sign the affidavit, it remains a pre-requisite for all… Read More

Practical Tips For Jury Selection

Practical Tips For Jury Selection Presented for: Institute For Continuing Legal Education-N.J. Voorhees, New Jersey March 20, 2010                                                 Louis J. DeVoto                                                 ROSSETTI & DEVOTO, P.C.                                                 20 Brace Road, Suite 115                                                 Cherry Hill, New Jersey 08053                                                 (856) 354-0900                                                 www.rossettidevoto.com                                                 I           Why Voir Dire is so important             Despite the importance in selecting fair and unbiased jurors, it is perhaps the most overlooked part of a jury trial. The courts have treated the process as an inconvenience, expert consultants often agree to disagree on the most effective way to select a jury and lawyers are… Read More

Knowing and Preparing for New Jersey’s Successor Liability

Products Liability Knowing & Preparing for NJ’s Successor Liability By: Andrew J. Rossetti, Esq. & Anthony J. Medori Your company is looking to purchase another entity’s assets. Your in-house counsel has overlooked the purchase agreement and made sure it incorporated the general rule of successor liability: a company acquiring all of a seller’s assets shall not be liable for that seller’s debts and liabilities, including those arising out of tortuous conduct. You feel like you covered all of your bases, but are you really clear of all successor liabilities?The answer is NO…well, at least not in New Jersey. Courts have… Read More

Civil DWI Claims in New Jersey: Overlooked Causes of Action

Civil DWI Claims in New Jersey:Overlooked Causes of Action BY ANDREW J. ROSSETTI &SCOTT S. AMITRANORossetti is a partner, and Amitrano a law clerk in the Cherry Hill office of Rossetti & Devoto, PC With the consumption of alcohol goes the golden rule: “Don’t drink and drive.” But not everyone heeds this warning. Every year people are killed as a result of drunk driving. All too often a person who has had too many drinks decides to drive and injures himself, his friends, or innocent third parties. While most fingers point at the driver, other parties such as bartenders, social… Read More

Product Liability Seminar

PRODUCT LIABILITYEARLY PRESERVATION OF EVIDENCE / EMERGENTAPPLICATION / INVESTIGATION / SPOLIATION April 2, 2009 Presented by:Andrew J. Rossetti, EsquireRossetti & DeVoto, P.C. PRODUCT LIABILITY – EARLY PRESERVATION OF EVIDENCEEMERGENT APPLICATION / INVESTIGATION / SPOLIATION Early investigation of a product liability claim is absolutely vital to the successful prosecution of the claim. Taking the appropriate steps to preserve physical evidence, investigate the scene, and conduct witness interviews are all essential to a successful case. A) PHYSICAL EVIDENCE It is critical that any physical evidence in a product liability claim be preserved immediately! The evidence will need to be maintained in its… Read More

Mediation – The Plaintiff’s Perspective

MEDIATION – THE PLAINTIFFS PERSPECTIVE PRODUCT LIABILITY: A Road Map to Mediation or trial March 11, 2006New Jersey Law CenterNew Brunswick NJ Institute for Continuing Legal Education SeminarPresented by: Andrew J. RossettiRossetti & DeVoto P.C Preparing your client for mediation. How is (s)he to dress? No body piercing, wild cloths etc. visual impressions last. Make sure they know the verdict ranges and settlement ranges. Make sure they know the costs involved in taking the case to trial. Stress this is a benefit to him/her, it is better than being sent into the hall before the jury comes in to make… Read More

Selecting a Winning Jury

Selecting a Winning Jury Personal Injury Case Management for the Seasoned Litigator Presented by:Andrew J. Rossetti, Esquire Presented for:National Business InstituteCherry Hill, New JerseyNovember 29, 2007 I Voir Dire in New Jersey? Despite the importance in selecting fair and unbiased jurors to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance.As of January 22, 2007, Superior Court judges are required to employ the New Jersey Supreme Court’s “standards for jury selection.” The standards are taken from recommendations of the Court’s special committee on preemptory challenges and jury voir dire. The… Read More

Preparing and Using Demonstrative Evidence

PREPARING AND USING DEMONSTRATIVE EVIDENCE Essential Elements of EvidenceMarch 3, 2007 Presented by: Andrew J. Rossetti, Esquire “What the ear may hear, the eye can see.” Dehanes v. Rothman, 158 NL 90,96 (1999). I. INTRODUCTION Demonstrative exhibits and aids provide the means “[t]o clarify, to dramatize and to emphasize” critical evidence in a case. Mary Quinn Cooper, The Use of Demonstrative Exhibits At Trial, 34 TULSA L.J. 567 (1999) (quoting Celia W. Childress, Persuasive Delivery In the Courtroom 619 (1995)). While not always offered into evidence, such visual presentations usually include maps, models, charts, diagrams, graphs, photographs, films, videotapes, and… Read More

Analyzing a Medical Negligence Claim

ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 Andrew J. Rossetti, EsquireBoard Certified Civil Trial AttorneyRossetti & DeVotoCherry Hill, NJ 08002 John Kirby, M.D.Board Certified InternistCooper Physicians1210 Brace Road Ste 102Cherry Hill, NJ 08002356-428-6616 March 22, 2002 INITIAL PHONE CALL     Damages, Damages, Damages         • Medical malpractice cases are very expense to pursue.   Therefore, the damages must be very large.        • The injury must be serious and cause permanent disability.        • Let the plaintiff tell… Read More

Health Maintenance Organizations

Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HMOs While the first pre-paid health plan can be traced back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue for the next several years. Today, there are three basic HMO models presently in… Read More

When Can Employees Be Interviewed Ex Parte?

“When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager or low level employee at a store where the plaintiff was injured? Does it matter if the interview is conducted before or after the suit is filed? Does a representative of the defendant or its carrier have a right to be present? This brief article will set forth why ex parte interviews with certain types of employees are permitted, even if the matter is in suit. Lawyers who sue corporations may conduct ex… Read More

The Wrongful Death Act

The Wrongful Death Act Andrew J. RossettiMarch 1999 I. WRONGFUL DEATH LAW 1. When action lies Death caused by the wrongful act of another where pecuniary losses are sustained. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person… Read More

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

The University of Toledo Law ReviewVolume 24; Summer 1993; Number 4 “Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course” Louis J. DeVoto* I. INTRODUCTION “Golf is one of the more popular pastimes in this country.” The popularity of the sport has increased tremendously in recent years. As play on the golf course has increased, so have golf related injuries. Golfers know that “poor shots end in sand-traps, roughs and higher handicaps.” But most golfers and many lawyers do not realize that stray shots can also end in serious injuries and large lawsuits…. Read More

The Daubert Analysis

THE DAUBERT ANALYSIS Andrew J. Rossetti, Esquire12/15/99 I. THE FEDERAL STANDARD OF ADMISSIBILITY     A) FRE 702. TESTIMONY BY EXPERTS.     If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. “The sole justification and purpose of expert testimony is to assist the trier of fact to find a solid path through an unfamiliar and esoteric field.” Thompson v. Merrill Dow Pharmaceutical,… Read More

Medical Chart Falsification

MEDICAL CHART FALSIFICATION-HOW CAN YOU STOP THE FRAUD? By: Louis J. DeVoto, Esq. September 17, 1999 I. INTRODUCTION The National Head Injury Foundation estimates that approximately two million Americans will suffer a traumatic brain injury every year.1 Mild head injury accounts for 75% or more of those brain injuries.2 Data from many studies suggest that the most frequent exposure associated with brain injury is transport, i.e., automobiles, trucks, bicycles, motorcycles and watercraft.3 4 5 Unfortunately, persons surviving mild traumatic brain injuries are often victimized because little or no medical documentation of the head injury is entered at or near its… Read More

Lou and Andy Named to Best Lawyers 2018

Rossetti & DeVoto

Andy Rossetti and Lou DeVoto have again been named to New Jersey's Best Lawyers for 2018 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.

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