September 2, 2010

New Jersey Assault Victims Are Not Alone

A New Jersey assault charge can be brought on when one person threatens to inflict bodily harm or physically harms another person without their consent. Many times, assailants are people that the victims know such as a spouse, friend or family member. In other cases, the offender may choose a victim at random as can be the case in robberies or theft.

There are many different types of assault, all of which can leave the victim with emotional and oftentimes physical scars. The following are the three most common types of assault:

  1. Verbal Assault – Threats of bodily harm or injury. A person does not have to actually touch another person in order to verbally assault them. If the victim feels threatened or as though harm may come to them if they don’t follow what the assailant says, this is considered verbal assault.
  2. Physical Assault – This type of assault occurs when the assailant knowingly and purposely inflicts bodily harm or pain upon another person. In many cases, verbal assault and physical assault occur at the same time.
  3. Sexual Assault – When a victim is forced to perform unwanted sexual acts either with threats of harm or actual physical bodily damage, it is considered sexual assault.

No matter what kind of assault a victim has been subjected to, each victim deserves to hold those who caused their injuries accountable. There is no excuse for assault of any kind and the qualified Princeton assault victim attorneys at Lependorf & Silverstein can help. If you or someone you love has been the victim of physical, verbal, or sexual assault, you do not have to suffer alone. With nearly twenty years of experience per attorney, Lependorf & Silverstein have successfully handled numerous assault cases and helped victims move on with their lives knowing justice has been served. Call Lependorf & Silverstein today at (609) 240-0040 to learn more about your legal rights.

August 31, 2010

New Jersey Birth Injuries

The birth of a child is one of the happiest moments in any parents’ life. However, there are times where injury can be sustained by the newborn baby due to the negligence of the primary care giver, the hospital where the baby was born or another medical professional involved in the child’s birth.

A New Jersey birth injury is defined as any trauma that occurs during the birthing process which impairs the bodily function or structure of the infant. For example, if a mother is given a higher dose of medication than is appropriate or if she’s given the wrong medication and has an allergic reaction either before or during child birth, the baby could suffer the same reaction and sustain injury.

In addition to proper medication doses, it is the job of the primary physician to ensure the mother’s and baby’s safety during the birthing process. There are two ways to deliver a baby and those are through the vaginal canal or by a cesarean section, otherwise known as a C-section. Cesareans are usually performed when some kind of risk is present in having a child naturally. Doctors who care for expectant mothers and their babies have a responsibility to ensure that the babies are healthy and do not suffer unnecessarily.

Some injuries that may be attributed to negligence may include, but are not limited to:

  • Cerebral Palsy

  • Erb’s Palsy

  • broken bones

  • respiratory problems

  • other medical conditions

If your child has suffered as a result of a birth injury, you and your child have rights in the state of New Jersey. The attorneys at Lependorf & Silverstein have nearly twenty years of experience per lawyer handling birth injury litigation. Our skilled Princeton birth injury attorneys can help you understand the complex laws surrounding your child’s injury and will seek compensation from all negligent parties involved. Call (609) 240-0040 to schedule a free consultation.

August 27, 2010

New NJ Pedestrian Law Created to Help Prevent Accidents

A new law in New Jersey has been enacted requiring motorists to stop for all pedestrians at marked crosswalks instead of simply yielding, as was the case with the old law. But, according to an article on NorthJersey.com, some motorists still aren’t obeying the new law.

A man was recently hit by a motorist as he crossed the street at the Highland Cross intersection on his way to a bus stop. The man suffered injuries to his knee that may require surgery. The driver of the vehicle who hit the man said that the man was not in the crosswalk. However, the injured man states that he was. Because police did not see the accident occur, it’s one man’s word against the other’s and no summonses have been issued.

The New Jersey law was initiated to protect the safety of pedestrians and prevent pedestrian related accidents. Motorists who do not follow the law are subject to penalties such as 2 points on their driver’s license, community service and a $200 fine. However, it is not solely the responsibility of motorists to look out for pedestrians. It is also the responsibility of pedestrians to obey traffic laws such as crossing the street at crosswalks only and paying attention to pedestrian signals. Failing to do so may result in a $54 fine.

The dedicated Princeton pedestrian accident attorneys at Lependorf & Silverstein understand how difficult an injury that resulted from another person’s negligence can be. Not only do you feel the burden of physical and emotional pain, you also worry about the financial aspect of paying off medical bills and making up for time off of work. The New Jersey personal injury lawyers of Lependorf & Silverstein have nearly 20 years of experience each and have handled a wide variety of pedestrian accidents. Give us a call today at (609) 240-0040 to learn more about your rights.

August 26, 2010

Kyleigh's Law Getting Mixed Reviews from New Jersey Legislature

The new law requiring teen drivers in New Jersey to display a red decal on their licenses has been the center of controversy among legislators, according to an article on NJ.com. The law is named after a 16-year old girl who was tragically killed in a New Jersey auto accident in 2006 when she was a passenger and the driver of the vehicle had a provisional license.

Some legislators say that the new law targets teen drivers, making them easily identifiable to sex offenders, aggressive drivers, and police who may suspect them of reckless behavior simply because they are young. However, others say that the law protects teens by limiting how many passengers they can have at certain times of the day and setting a curfew restricting them from driving between 11pm and 5am, which is intended to help prevent car accidents in New Jersey.

Parents of some teen drivers don’t want the decals on the vehicles and say that there have already been incidents of teens being followed around, leaving the young drivers terrified. Kyleigh’s Law will undergo a six month review by the Attorney General to determine if the safety risks outweigh the benefits for young drivers.

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August 19, 2010

New Jersey Burn Injury Causes

Burn injuries occur more often than most people realize. Approximately 40,000 Americans are hospitalized each year for the treatment of severe burns and 25,000 are admitted to specialized burn centers, according to the American Burn Association. A burn injury can bring about significant pain and emotional trauma and requires extensive medical care and treatment to help prevent permanent scarring and disfigurement. Becoming more familiar with some common causes of burn injuries is a helpful preventative measure to keep you and your loved ones safe.

  • Flammable products - include clothing, materials, or furniture that can cause burn injury under certain circumstances or due to a lack of proper warning labeling on the product.
  • Electrocution - causes burns on internal organs and tissues from an electrical current passing through the body either through an electrical outlet or another electricity source.
  • House fires - occur as a result of cooking accidents, smoking or children playing with fire or flammable items. An estimated 3,500 people are killed each year because of residential fires in the United States.
  • Electrical wiring - is responsible for sudden burns or fires that can begin and spread within seconds.
  • Motor vehicle collisions - often lead to severe burn injuries due to gas tanks exploding or hot vehicle components or fluids coming in contact with vehicle occupants.
  • Workplace/Construction accidents - can cause burn injuries resulting from unsafe working environments or improper employee training.
  • Explosion accidents - typically relate to workplace hazards where workers are exposed to flammable or pressurized materials (i.e. tanks, pipelines).
  • Chemical/Toxin exposure - is extremely hazardous in causing burn injury in that no heat source is necessary and there is often little or no warning due to most chemicals being odorless, invisible, and/or tasteless.
  • Hot water scalding - affects people of all ages in the home or workforce when hot fluids or gases are mishandled or when water or steam temperatures are greater than a person realizes.

Individuals who have endured burn injuries as a result of another person’s negligence have valid legal rights that deserve to be protected. The New Jersey burn injury lawyers at Lependorf & Silverstein help burn injury victims hold negligent parties responsible so that compensation can be obtained for medical treatment, loss of wages, pain and suffering, and more. To find out how our experienced personal injury attorneys can assist you, please call 609-240- 0040 for a free consultation.

August 17, 2010

Randolph Single Vehicle Crash Injures Two

A New Jersey single-car crash critically injured a 20-year old Randolph man last week when his vehicle crashed into a utility pole, according to DailyRecord.com. Police officials say the man, who was airlifted by helicopter and his passenger, who was taken by ambulance, were being treated at nearby hospitals. The condition of the passenger was not released.

The reason for the collision is not yet known. Police are still investigating, however, there are a number of possibilities including driver distraction, driving while intoxicated, or perhaps a malfunctioning or defective vehicle part caused the vehicle to lose control. If it’s found that a defective part was the cause of the crash, the injured victim may be entitled to compensation and should speak to an auto product liability attorney as soon as possible.

If you or a loved one has been injured in an auto accident and you think a defective part may have caused your crash, call the experienced New Jersey auto product liability attorneys at Lependorf & Silverstein. Automakers have a responsibility to design and manufacture safe, reliable vehicles that are free of defects that could cause harm or injury. When that responsibility is ignored, innocent people suffer needlessly. The attorneys at Lependorf & Silverstein have nearly twenty years of experience each and have handled a wide variety of auto product liability cases. We can help you understand your legal rights and seek restitution for your injuries as well as other damages. To learn more about how we can help and to schedule a free consultation, call us today at (609) 240-0040.

August 12, 2010

Pilesgrove Motorcycle Accident Involving SUV Kills Rider

A 45-year old Monroeville man was killed when an SUV turned in front of his Harley Davidson motorcycle on August 6 in Pilesgrove, according to an article on NJ.com. The driver of the SUV, a 62-year old woman from Neosho, Missouri has not been charged, however, police are still investigating.

The police report stated that the woman was turning left onto Commissioners Pike from Woodstown-Daretown Road when the crash occurred, which caused the motorcycle to overturn and catch fire. The rider was pronounced dead at the scene. At this time, the cause of the crash is unknown, however, it is possible that the driver of the SUV did not see the motorcycle or could have been distracted.

Many New Jersey residents enjoy riding motorcycles; however, because these vehicles are much smaller than passenger cars, they can be difficult to see on the road. Motorists have an obligation to share the road and abide by all traffic regulations in order to avoid a motorcycle crash in New Jersey. In some cases, drivers of passenger vehicles may not follow these rules, which, unfortunately, can result in the serious injury of other drivers and motorcyclists.

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August 11, 2010

Pohatcong Township Pedestrian Hit and Run Accident

The driver of a pick-up truck involved in a New Jersey pedestrian accident has turned himself in, according to a report on WFMZ. The accident occurred on Friday, August 6 around 10:30pm when the driver hit a 15-year old boy in Pohatcong Township. At the time this article was written, the boy’s condition had not been released.

The driver, a 26-year old man from Saylorsburg has been charged with leaving the scene of an accident, failure to report an accident to law enforcement, assault by leaving the scene of an accident with serious bodily injury and tampering with evidence.

In 2008, 4,378 fatalities involving pedestrians were reported in the United States, with another 69,000 pedestrian injuries. Because pedestrians don’t have any type of protection surrounding them like drivers do, they’re much more likely to suffer serious injury or even death in the event of an accident. Both drivers and pedestrians have a responsibility to be safe and obey all traffic rules in order to avoid a potentially catastrophic crash.

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August 6, 2010

Types of New Jersey Workers’ Compensation Benefits: Part Two

In the second part of our discussion of New Jersey workers’ compensation benefits, we’ll be going over the last three benefits and what the families of injured or deceased workers can expect from the employer. New Jersey law requires employers who don’t participate in Federal programs to purchase workers’ compensation insurance. In cases where work is done in New Jersey or a work contract is entered into in the state, out of state employers may be required to purchase insurance as well.

In addition to medical benefits and permanent total disability benefits, the following three types of benefits also play roles in determining what kind of compensation an injured or deceased employee and their family can expect should an on the job accident occur.

  • Temporary Disability Benefits: If an employee is injured and misses work for more than seven days, they will receive temporary benefits at a rate of 70% of their weekly wage, which is not to exceed 75% or drop below 20% of the Statewide Average Weekly Wage. Once the worker is no longer on active medical treatment or their condition reaches the maximum medical improvement (MMI), their temporary benefits will stop.
  • Permanent Partial Benefits: If an employee is injured on the job and receives a partial permanent disability such as loss of use of the eye, hand, or other limb, they can receive this type of benefit. Other injuries can relate to the heart, back, lungs and more.
  • Death Benefits: Dependent family members of an employee who dies due to work related injuries will receive death benefits of 70% of the worker’s weekly wage. This amount is not to exceed the maximum benefit amount set annually by the Commissioner of Labor. The surviving spouse and natural children who lived with the deceased at the time of death are considered dependents. $3500 will be paid for funeral expenses and will be paid to either the state or the individual who is responsible for the funeral bill.

Continue reading "Types of New Jersey Workers’ Compensation Benefits: Part Two" »

August 5, 2010

Types of New Jersey Workers’ Compensation Benefits: Part One

In our two part series on the different types of New Jersey workers’ compensation benefits, we’ll be discussing various types of insurance and how employees can receive them. There are different rules, regulations and requirements for each one and it’s important that injured employees understand them.

Employers who are not covered by Federal programs are required to obtain workers’ compensation insurance by law in New Jersey. Depending on if a contract is entered into in New Jersey or if work is performed in the state, out of state employers may also need to acquire workers’ compensation insurance.

Among the five types of benefits that fall under the umbrella of New Jersey workers’ compensation, the first two that we’ll talk about include medical benefits and permanent total disability benefits.

  • Medical Benefits: All pertinent medical treatment, hospital visits and prescribed medication will be paid for by the employer’s insurance company. The employer has the right to choose the physician unless he or she refuses to provide necessary treatment to the employee or if there is an emergency. In the event of an emergency, the employee may choose the physician; however, they should notify their employer immediately of all treatments and procedures.

  • Permanent Total Disability: When a worker is permanently injured and cannot return to work, they will receive 450 weeks’ worth of benefits at 70% of his or her weekly wage. This amount is not to exceed 75% of the Statewide Average Weekly Wage (SAWW). The injured worker may receive continued benefits if they can prove that they are not able to work beyond the 450 week allotment.

There are times when the injuries sustained while on the job are more serious and require more monetary compensation than what workers’ compensation insurance can provide. In other instances, there may be a third party involved and without the proper counsel of a New Jersey workers’ compensation attorney, you may receive only a fraction of the compensation you deserve. You need understand your legal rights and the experienced lawyers at Lependorf & Silverstein can help you protect them. If you’d like more information or to schedule a free consultation, please call (609) 240-0040 today.

August 3, 2010

New Jersey Construction Accidents

Construction accidents in New Jersey involve any incidents that occur at a construction site. These accidents usually occur due to falls, electrocution, and incidents involving heavy equipment. There are several factors that can lead to such workplace injuries and you may be eligible for a considerable amount of workers’ compensation when injured on the job. Some hazardous work conditions leading to injury or illness may relate to unsafe ladders, falling debris, chemical exposure, improperly assembled scaffolding, and overall unsafe premises due to a lack of safety precautions enforced to properly ensure the safety of employees.

The vast dangers present at a construction site lead to many opportunities for severe injury and even fatal accidents to occur. These New Jersey construction accidents may cause spinal cord injury, traumatic brain injury, quadriplegia, paraplegia, fractured bones, and even death. Due to the severity of many injuries sustained at a construction site, hospitalization and long-term treatment and care are usually necessary. Although workers’ compensation benefits in New Jersey offer injured workers financial assistance, these funds may not be sufficient enough to help an injured worker in the way that he or she requires.

At Lependorf & Silverstein, our skilled New Jersey workers’ compensation lawyers understand the many challenges an injured worker faces in the aftermath of a serious workplace accident. Our skilled attorneys have years of experience in successfully handling cases involving workers’ compensation. We will help you stave off steep medical expenses, regain income lost while you were unable to work, and provide permanent compensation for you and your loved ones if you are unable to return to work due to a debilitating condition caused by the accident. For more information and a free evaluation of your case, call Lependorf & Silverstein at (609) 240-0040 today.

July 30, 2010

Route 4 New Jersey Car Accident Kills One, Injures One

According to an NJ.com report, a fatal New Jersey car accident took place when a man driving his Toyota with a passenger in the front seat was cut off by a four door black Nissan who had swerved into the right lane. The man lost control of his vehicle, swerved and then crashing into a utility pole. The impact of the collision killed the driver and injured his passenger. The passenger was taken to the hospital and treated for neck and head injuries.

As we all know, automobile accidents in New Jersey can have devastating effects due to the sheer forces involved. The accident above tragically ended in death and caused serious personal injury to the passenger. Medical bills, rehabilitation, and possible job loss may result if the right help is not acquired. Head injuries alone can require months, if not years of rehabilitation. Depending on the severity of the accident, some head injuries may require 24-hour care. When an accident such as the one above occurs, the personal injury lawyers at the law firm of Lependorf and Silverstein can help.

Our skilled and knowledgeable New Jersey vehicle accident attorneys have years of experience in handling auto collisions that are caused by driver negligence that result in serious injury or wrongful death. We will aggressively fight for you in a court of law and thoroughly investigate your case so that you receive the compensation that you deserve. If you or someone you love has been injured in an accident, call one of our experienced attorneys today at (609) 240-0040 for a free consultation. We can help you through this difficult time and ensure you the best route to recovery.