Articles

Do I Have a Medical Malpractice Case?

We put our full trust in doctors for any and all health concerns we have. Whether we have a cold, a broken bone, or something more serious, they are the first ones we turn to when something health-related goes wary. We expect proper care in order to sufficiently heal. Unfortunately, there can be times where doctors make mistakes – whether by accident or on purpose – that can put others in a compromised situation. One day, you may find yourself thinking “do I have a medical malpractice case?” Therefore, tt is important to know if any medical mistakes made could… Read More

What to Do If You’re Injured in an Uber Accident

Uber is one of the most popular companies in the ever-expanding Sharing Economy. In November 2016, Uber hit 40 million monthly riders – that’s a lot of people. However, there’s always the possibility of you being a passenger in an Uber that has an involvement in a car accident. After all, twenty to fifty million people are injured annually in car accidents. Because safety is such a necessity, Uber even has a section about safety details on its website. So, what happens if you get an injury in an Uber accident? What are the steps you should take in case… Read More

Signs of Nursing Home Abuse and What to Do

If you place your elderly loved one in a nursing home, you fully expect them to be taken care of. There is a high level of trust involved. Unfortunately, many times this trust is taken for granted, and elderly nursing home patients suffer mistreatment and abuse; there are actually certain signs of nursing home abuse. If you think someone you know is being abused at his or her nursing home, don’t wait to take action. You might want to speak to a legal team about your suspicions, or even give your loved one a cell phone from https://www.fanmisenior.com/cell-phones-for-seniors/ so they… Read More

What You Need to Know About Construction Defects

You’ve seen it before. A crack in the wall. A window that always leaks when it rains. But why does this happen? Over 80 percent of construction deficiencies are caused by poor workmanship and another 40 percent of deficiencies are caused by insufficient building material. Courts typically sort construction defects like poor workmanship or faulty materials into four categories: design deficiencies, material deficiencies, construction deficiencies, and subsurface deficiencies. Design deficiencies result in part of the home not being up to code. A leaky roof is the most common design defect. Material deficiencies, like improper window framing, can cause window leaks…. Read More

What to Do After a Motorcycle Accident

After a motorcycle accident, you should try and remain calm to approach the situation logically. This may be easier said than done. However, once you’ve composed yourself, you need to make sure you take the proper steps. This is in order to avoid any potential legal problems or negative consequences of the accident. Keep reading for what you should do after a motorcycle accident, according to the New Jersey motorcycle accident attorney from Rossetti & DeVoto, P.C. Check for Injuries Immediately after your motorcycle accident, check yourself for any injuries, whether they are minor or major. Check any other victims… Read More

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 an injury on the job. If you don’t, you could inadvertently forfeit your right to workers’ compensation. Here’s our guide to employee notice obligations in work-related accidents from a New Jersey workers’ compensation attorney from Rossetti & DeVoto, PC. 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… 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 as explained by a New Jersey car accident attorney from Rossetti & DeVoto, P.C. 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… 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. This is if and whenever you’re swimming. Here’s our guide to swimming and boating safety to keep your head above water and avoid a wrongful death situation from the experienced New Jersey wrongful death attorney at Rossetti & DeVoto, P.C. Swimming Safety Tips Here are our top three tips for keeping yourself and your children safe… 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 percent 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 for a safe, reliable, and economic teen driving from the New Jersey car accident attorney team at Rossetti & DeVoto, P.C. 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… 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. The experienced New Jersey personal injury attorney team from Rossetti & DeVoto, P.C. is here to explain how maximizing your car’s visibility at night works. And, how you can make it safer for you and other drivers. Maximizing 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… Read More

Your Car Crash Survival Guide

There is an alarming rate of twenty to fifty million people injured in car accidents every year. Some of these are merely minor accidents, some are more serious and require you to find the best car accident attorney in your area for you to find compensation and justice. So, here is your best car crash survival guide. Due to the high rate of car accidents, 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… Read More

Returning to the Job After a Workplace Injury: Light Duty

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. Moreover, this can result in light duty. 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… Read More

Am I Liable for Texting a Driver Who Crashes?

Before learning whether you are responsible for texting a driver who crashes, we should first address some things. Let’s start with the facts: Twenty-five percent 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… Read More

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 bike riding safety tips and don’t hesitate to call us today at 856-354-0900 if… Read More

When is An Injury a Workplace Accident?

Thirty-four percent 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 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

New Jersey’s Successor Liability By: Esq. & Andrew J. Rossetti, Esq. What is Exactly Successor Liability? Your company is looking to acquire another entity’s assets. Consequently, 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 its assets to Company B, then Company B is not liable… Read More

Bringing Title 59 Claims

Read more about the liability of Local and State Governments and evaluation of 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 immunity. Chapter 4:… 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 you prove the case. If you… Read More

Medical Malpractice – The Affidavit of Merit Requirement

In this article, Louis J. DeVoto discusses the affidavit of merit. Furthermore, he also talks about the affidavit of merit requirement, as the title states. 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… Read More

Practical Tips For Jury Selection

Read more about some practical tips for jury selection or Voir Dire from Louis J. DeVoto. 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…. Read More

Lou DeVoto and Andy Rossetti Included in Best Lawyers 2017

Lou DeVoto and Andy Rossetti have been included for the 14th straight year in America’s Best Lawyers listing for Personal Injury Law in 2017.

Knowing and Preparing for New Jersey’s Successor Liability

Products Liability: Knowing & Preparing for NJ’s Successor Liability By: Andrew J. Rossetti, Esq. What is Exactly Successor Liability? 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…. 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. AMITRANO Rossetti 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 a result of drunk driving or DWI is the death of people. 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,… Read More

Product Liability Seminar

PRODUCT LIABILITY EARLY PRESERVATION OF EVIDENCE / EMERGENT APPLICATION / INVESTIGATION / SPOLIATION April 2, 2009 Presented by: Andrew J. Rossetti, Esquire Rossetti & DeVoto, P.C. PRODUCT LIABILITY – EARLY PRESERVATION OF EVIDENCE EMERGENT APPLICATION / INVESTIGATION / SPOLIATION In fact, companies must take measures to ensure the products they are producing aren’t faulty. Therefore, this means checking the design, getting the goods inspected during production (visit https://www.jonble.com/during-production-inspection/ to find out more about this), spot-checking each batch made, and much more. This is because if a product is faulty then it can cause serious harm to anyone who uses it…. Read More

Mediation – The Plaintiff’s Perspective

MEDIATION – THE PLAINTIFFS PERSPECTIVE PRODUCT LIABILITY: A Road Map to Mediation or trial March 11, 2006 New Jersey Law Center New Brunswick NJ Institute for Continuing Legal Education Seminar Presented by: Andrew J. Rossetti Rossetti & DeVoto P.C Preparing your client for mediation How is (s)he to dress? No body piercing, wild cloths etc. visual impressions last. Firstly, make sure they know the verdict ranges and settlement ranges. Secondly, make sure they know the costs involved in taking the case to trial. Then, stress this is a benefit to him/her, it is better than being sent into the hall… 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 Institute Cherry Hill, New Jersey November 29, 2007 I. Voir Dire in New Jersey? Despite the importance in selecting fair and unbiased jurors, that is, a winning jury, to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance. In fact, as of January 22, 2007, Superior Court judges are required to employ the New Jersey Supreme Court’s “standards for jury selection.” Furthermore, the standards are taken from recommendations… Read More

Preparing and Using Demonstrative Evidence

PREPARING AND USING DEMONSTRATIVE EVIDENCE Essential Elements of Evidence March 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 TO DEMONSTRATIVE EVIDENCE In fact, 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,… Read More

Analyzing a Medical Negligence Claim

Read the article about analyzing a medical negligence claim written by Andrew J. Rossetti and John Kirby. ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 March 22, 2002 INITIAL PHONE CALL Damages, Damages,… Read More

Health Maintenance Organizations

Read this short paper written by Louis J. DeVoto about health maintenance organizations. Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HEALTH MAINTENANCE ORGANIZATIONS While the first pre-paid health plan dates 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… Read More

When Can Employees Be Interviewed Ex Parte?

Read the paper about Ex Parte written by Louis J. DeVoto. “When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993 Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager? Or, a 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,… Read More

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