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Slip and Fall on Unsafe Property: Who’s Liable?

Visiting a neighbor’s house or making a trip to the store should never have to end in a trip to the hospital. Sadly, this mishap happens all too often for many people across New Jersey. Why? Because they suffer an injury in a slip-and-fall accident. Many times, injuries and the resulting pain gets diagnosed as RSD which is a condition that can worsen, eventually resulting in the individual being declared disabled – thankfully there are instances of settlements being secured for victims of criminal negligence so justice is being served. If you or a loved one had involvement in such… Read More

Someone’s Dog Bit Me: Are They Liable?

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

Suffering an injury at the hands of another is never easy to deal with. This is 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… Read More

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

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

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. Hence, here is everything you need to know about Title 59 in New Jersey. Common Lawsuits Filed Under Title 59 Under Title 59 in New Jersey, the… Read More

Five Signs Your Doctor May Be Liable for Medical Malpractice

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?

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. When these symptoms start to feel overwhelming, it won’t be long until they completely take over your life. Consequently, making everything seem harder. As a result of its impacts, many people decide to do something about this…. Read More

Are Public Entities Immune from Liability Claims?

Let’s start by defining what a public entity is. Under the name of a public entity falls any government entity, agency, department or other instrumentality of the state or local government. As well as a government-run transport agency or commission. 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… Read More

How to Spot Dangerous Dogs

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

Filing a claim against the NJ 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 the… Read More

Marital Woes: Can You File a Claim for 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 it?” After learning what it is, they then ask, “Can you sue for it?” You are in luck because the experienced team at Rossetti & DeVoto, PC is here today to answer these questions and help you… Read More

Heading for Disaster: The Ramifications of 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 – head injuries from soccer or 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”… Read More

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

The cost of health care in America seems to be getting higher every day. However, 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

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, do they expect an assault to happen 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 the customer hold them legally liable for damages… Read More

Why You May Not Initially Notice 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. On one hand, for some people injured in an automobile accident, their injuries are immediately noticeable. For example, 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… Read More

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

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. In fact, 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, as long as everybody involved has car insurance. Unfortunately, more and more people are driving uninsured. Although this is the number one thing people think to do when buying a car; insure it. Even more importantly, ensure this insurance company policy… Read More

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, when they get Driving Lessons Durham and finally get their license, it’s just another way for them to spread their wings and see what else is out there. Still, when they are just starting to drive, you want to be especially wary of them paying attention to the road. If they are to have an accident, especially one that… Read More

Is Your Personal Injury Settlement Taxable?

If you suffer an injury 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? Do tax officials consider this as an income? Or do they consider 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… Read More

The Most Common Types of Truck Accidents

There is a multitude of elements that 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 crashes involves commercial trucking. This is why there are so many rules and regulations truckers must adhere to. And, why we can actually make a distinction between the most common types of truck accidents. New and emerging technologies such as fmcsa clearinghouse are being created to help employers, FMCSA, State Driver Licensing Agencies, and state law enforcement personnel gain… Read More

Clostridium Difficile Bacteria and Medical Malpractice Claims

Clostridium difficile is a dangerous bacterium that 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?

Brain injuries cause untold harm to millions of Americans each year. From difficulty with concentration to headaches and dizziness, these traumatic brain injuries often have long-lasting implications for those affected. Traumatic brain injury: what is it 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. In fact, according to the Center for Disease Control and Prevention (CDC), TBIs… Read More

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

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 personal injury claims increase possible?” Today, we answer those questions. What is My Personal Injury Claim Worth? There are many factors that go into… Read More

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

Getting an injury is never a good thing. This is especially true if you got an injury 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 ask a lawyer after they… Read More

The Biggest Risk Factors for Animal Bites

Family pets in America are more popular today than ever. Also increasing in popularity are rescue pets. Of course, with the increased number 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. Read more about the risk factors of animal bites. Risk Factors of Animal Bites When considering risk factors, animal bites are the first… Read More

Heart Medicine Recalls: What You Need to Know Now

Over the last year, Food and Drug Administration (FDA) has recalled multiple blood pressure medications. 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, while other drugs,… Read More

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

When a person gets an injury through the fault or negligence of another person or company in New Jersey, they have legal recourse to file a claim. With this, they may seek 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… Read More

Understanding the Rights of Your Child With Cerebral Palsy

Disabilities come in many shapes and forms, and anyone in the world can be suffering with them. Sometimes they are obvious, sometimes they aren’t. There are helping hands out there for disabled people, and these can specify according to ones position in life. For example, dentists can apply for dentists disability insurance to insure them against anything they might encounter. This goes for many other physician job roles as well. But there are certain disabilities, such as cerebral palsy which those with the illness need to consider to make their life as easy as possible. Here is everything you need… Read More

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

Visiting a restaurant, bar, or nightclub can end with you being the victim. Either 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. All of this can lead to negligent security cases. If you have been injured as a result of negligent security at a restaurant, bar, nightclub, or hotel, you may… Read More

What Are the Major Causes of 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. Problems that arise during the fetus’s development in the womb can cause congenital anomalies. Malformations and birth defects are the other names for congenital anomalies. Congenital anomalies can directly contribute to a whole host of long-term disabilities. These disabilities can have a significant impact on the lives. But not only the lives of the children who are born with them, but also their families. Not to mention healthcare systems and even… Read More

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. In… Read More

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