Articles

I Got Hurt on the Train: Who Is Liable?

Using the train to commute to work or school anywhere in New Jersey is a great way to protect the environment, save money on gas, prevent normal wear and tear on your vehicle, and provide you with time to catch up on reading and work. However, a train accident can leave you with a severe injury. If you suffer injuries on the train, who can you hold accountable? In today’s post, the team from Rossetti & DeVoto, P.C. will answer this question and explain its relationship to New Jersey Title 59. The Engineer The first possible defendant you can name… Read More

The Driver Who Hit Me Didn’t Have Insurance. What Now?

Were you hit from behind while sitting at a red light? Did a vehicle make an illegal turn in front of you? Did a vehicle sideswipe you when changing lanes? All of these accidents are frustrating. They become even more daunting when the irresponsible driver doesn’t have insurance coverage. So, what happens next? How do you recover compensation for damages done to your vehicle, as well as your injuries, pain, and suffering? Here’s what you should do if get hit by a driver with no insurance, Use Your Uninsured or Underinsured Motorist Coverage Most auto insurance plans these days offer… Read More

Someone’s Dog Bit Me: Are They Liable?

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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

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

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

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

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

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

Was a Loved One Wrongfully Killed Due to Police Negligence

Law enforcement officers have been under scrutiny following a string of killings in recent years. The killings where community members were shot and killed. Many experts describe this 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 and those at the hands of police are subject to two different Acts… Read More

Everything You Need to Know About Obstetrical Malpractice

Medical malpractice is a horrible reality for far too many Americans with more than 98,000 injuries occurring annually in the United States alone. Obstetrical malpractice can have devastating effects given the medical vulnerability of pregnant women and their unborn children. The damages are often deadly and life altering. At Rossetti & DeVoto, we are continuously fighting for our clients and getting them the compensation they deserve when medical negligence occurs. Here is everything you need to know about obstetrical malpractice. What is Obstetrical Malpractice? Obstetrical malpractice is any form of medical malpractice relating to either pregnancy or childbirth. Obstetrical malpractice… Read More

The Top Mistakes Made During Personal Injury Claims

If the recklessness of another party caused an accident and you got an injury, you have the right to seek damages for your physical and emotional injuries. In other words, for personal injury claims. Navigating the waters of personal injury lawsuits, however, is fraught with dangers and pitfalls. Oftentimes, individuals make mistakes very soon after their injuries. And, before seeing an attorney, which can prove costly to their claims. Here are some of the top mistakes made during this critical time period after getting an injury. Not Notifying the Police or other Investigatory Body One of the biggest mistakes people… Read More

Social Media and Injuries: Why Posting Online May Hurt Your Case

Social media is everywhere these days – after all, it’s social. From Twitter and Facebook to LinkedIn and Pinterest, people seemingly spend most of their time glued to their phone’s screen. While we often view these sites as harmless, they can do serious damage to any legal issues or claims being undertaken. This may lead to the court taking in your phone as evidence, with attorneys going to websites such as https://www.eidebailly.com/services/litigation-and-dispute-advisory/cell-phone-forensics to run forensics on your phone in case of potential other evidence. Read more about the connection between social media and personal injury claims, and your court case…. Read More

How Do New Jersey Court’s Define “Pain and Suffering?”

If an individual gets an injury as a result of the negligence of another individual or entity in the State of New Jersey, they have the legal right to seek compensation for their injuries – both physical and mental. These compensatory damages are known as “pain and suffering” compensation. But, what is it and how do New Jersey courts define “pain and suffering?” What Exactly Is It? The loose definition of “pain and suffering” is that it is the physical or mental suffering a person experiences as a result of an accident. It includes Pain, Suffering, Disability, Impairment and the… Read More

What Can I Do if My Car is Hit, But They Run?

Is there anything worse than being in an accident? What if the accident was a hit and run?If you’re wondering, “what can I do if my car is hit, but they run?” read on. What to Do After You Are Hit and they Run If another driver strikes your car and then flees the scene, what steps can you take to ensure that you don’t become a victim? While the initial reaction of being involved in a hit and run collision is probably shock or alarm, for the sake of your insurance claim—and in hopes of catching the driver who… Read More

How to Avoid Accidents on Industrial Sites

Industrial sites and 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. Ant this is why accidents on industrial sites are not an abnormality. Below is a list of safety principles and practices for employers and employees to follow in order to minimize the risk and to prevent worker injuries on hazardous industrial sites. Safety Training The first step you should take to minimize the risk of mishaps on industrial sites and construction sites is to provide adequate safety training. By… Read More

Wrongful Death Actions: Familial Aspects that Can Increase Case Value

The goal of a trial attorney is to effectively highlight the family’s pecuniary losses to the jury, in an effort to substantiate and increase case value. By Andrew J. Rossetti and Dean E. Avgerinos | October 18, 2018 The death of a loved one is heartbreaking. The world stops, and the thought of moving on without a child, parent or spouse can seem impossible. They can never be replaced, yet our Wrongful Death Act severely limits family members’ recovery to pecuniary losses. Plaintiff’s attorneys often rely on a statistical analysis completed by an economist regarding the hours of lost services… Read More

Victim of Product After a Recall: What Are My Rights?

New Jersey law only allows product manufacturers to be accountable for their products when they contain manufacturing defects or have a defect in the design. Or, when they fail to contain adequate warnings of the dangers. And this can result in the product being unreasonably dangerous so they are unfit and unsafe for use by the public. What if, however, there was also a product recall? What are your rights? Defective and Recalled Products If you are injured as the result of a defective product, you may be entitled to seek compensation from the makers or sellers of that product…. Read More

Sleep Deprivation Car Accidents During the Holiday Season

Car accidents are common and have many causes. Many are preventable. Accidents caused by sleep deprivation are very common, especially in today’s fast-paced world. Sleep deprivation accident statistics indicate that as much as a fourth of drivers have dozed off while driving. Studies also show that driving while lacking sleep is as bad as driving while intoxicated. As negative as it sounds, we have a high chance of being involved in a car accident at some point in our lives, and after this we will need legal help (be it a personal injury lawyer springfield illinois, or one based closer… Read More

I Was Bitten by My Neighbor’s Dog. What Can I Do?

Every year, over 4 million people in the United States are attacked by dogs. The vast majority of those attacked, and nearly half of those seriously injured by dog bites, are children. If you are the victim of such an incident, you need to know your rights. So if you were bitten by a dog, here’s what you can do. Common Dog Bite Injuries Dog bites, while most often not deadly, can cause life-changing and permanent damage. Moreover, the majority of dog bites affect the arms, hands, feet, legs, head and neck areas of the body. The most serious types… Read More

What Happens If Your Injury Was Misdiagnosed?

Being hospitalized is never a pleasant experience. It can take days, weeks and even months for you to fully recover from injuries or sickness. But what happens when the injury or sickness you are seeking treatment for is misdiagnosed? Oftentimes, the results are catastrophic leading to death or serious injury. Why Does a Misdiagnosis Occur? A medical misdiagnosis can occur for a wide variety of reasons. Despite the extensive experience many doctors and nurses have, they are human, and mistakes can and do happen. Common reasons for misdiagnosed injury include: Failing to recognize and understand the significance of your symptoms…. Read More

What to Know about Spinal Cord Injuries

Suffering an injury is a traumatic experience, but suffering from a spinal cord injury can have life-changing ramifications. In fact, over 11,000 spinal injuries are reported in the United States every year. Furthermore, young men are far more likely to suffer a spinal cord injury than any other segment of the population. So, if you suffer a spinal cord injury, do you know what to do? Here’s what you need to know about spinal cord injuries. Causes of Spinal Cord Injuries Traumatic Spinal Injuries The major causes of spinal cord injuries can be broken down into traumatic or non-traumatic injuries…. Read More

Slip and Fall Accidents in Amusement Parks

Amusement parks are supposed to be family-friendly fun, and that means they are supposed to be safe. For scores of people every year, however, they turn out to be a nightmare. If you are the victim of an accident at a theme or water park, what rights do you have and what can you do? Here is Rossetti & DeVoto’s guide to slip-and-fall accidents in amusement parks. Amusement Park Regulations in New Jersey In the State of New Jersey, the Carnival and Amusement Ride Safety Act governs fixed-site amusement park regulations. This act established an annual safety inspection program for… Read More

Common Vacation Injuries to Avoid

When you visit New Jersey on vacation, you will never run out of activities to enjoy. Feeling adventurous and want to have an adrenaline rush? You’ll definitely want to check out the New Jersey’s renowned Six Flags Great Adventure & Safari. Want to wind down after some hectic months? The luxurious Borgata Hotel and Casino is where you need to go. What about checking out a bit of history? Consider checking out the Cathedral Basilica of the Sacred Heart. If you’re seeking waterpark thrills, the Mountain Creek Waterpark should be your first stop. No matter what you are seeking from a… Read More

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