New Jersey Injury Attorney Blog

For those of us who live in New Jersey, we know that the State has some wonderful things to offer. The New Jersey shore is beautiful, there are wonderful mountains to climb and trails to hike, there are historical spots to visit and abundant shopping areas. We experience four distinct seasons, with beautiful foliage in the fall and abundant sunshine during the summer.

All of that being said, we must also face the fact that New Jersey is the most densely populated state in the nation and we do not have a major public transportation system that is effectively used. The result is a tremendous number of motorists on the road and, unfortunately, many automobile accidents.

The morning of May 29, 2009 is a good example of what occurs on our roads almost every day:

1. An overturned vehicle on the Route 80 westbound ramps to the Knowlton Rest Area.
2. An accident on Route 287 northbound north of Exit 12 in Bridgewater Township that closed the left and center lanes and led to a one-mile delay.
3. An auto accident on the New Jersey Turnpike inner roadway northbound South of Exit 12 in Woodbridge Township.
4. An accident on the Turnpike inner roadway southbound South of Exit 13 in Linden.
5. An accident on the Turnpike southbound North of Interchange 7A in Robbinsville that blocked the left lane.
6. An accident on the Turnpike northbound South of Interchange 7A in Hamilton Township that blocked the left lane.
7. An accident and vehicle off the roadway on the Turnpike northbound South of Exit 2 in Woolwich Township.

If you are involved in an auto accident in New Jersey, you should call an experienced automobile accident attorney as soon as possible. The attorneys at Lependorf and Silverstein have handled countless auto accident cases and we are here to let our experience and tenacity go to work for you. Call us today for a free consultation.

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Posted In: Auto Accidents

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A South River school bus carrying 36 children was struck from behind on May 27 by a Toyota Camry. Seven children were injured in the rear-end collision. The driver of the Camry was issued a summons for careless driving.

The bus was traveling northbound on Cedar Swamp Road and was stopped at a red light at the intersection of East Commodore Boulevard when it was struck from behind. The 36 students, ages 12 and 13, were returning to South River from a class trip to Bunker Hill Bogs in Jackson. Seven children were taken to CentraState Medical Center in Freehold for treatment following the New Jersey bus crash.

The call that any parent receives about their son or daughter being involved in an accident is always heart stopping. It is imperative that the parent consult with an experienced New Jersey bus accident attorney as soon as possible. Because the children are under the age of 18, it is up to the parent(s) to contact an attorney, and they must act as the Guardian ad Litem (G.A.L.) and sign all of the necessary paperwork with the attorney and the court.

With children, it is often difficult to know at first how injured they are. Sometimes they do not fully express themselves or they may have injuries that become more evident through the years with their growth. That is why it is always imperative to contact an experienced New Jersey bus accident attorney as soon as possible.

If your son or daughter has been involved in an accident, call the NJ personal injury attorneys at Lependorf & Silverstein as soon as possible for your free consultation.

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Amy Voorhees, a 27-year-old Evesham middle school teacher, was killed in a car accident at the intersection of Route 70 and Troth Road. According to an article in the Burlington County Times, Voorhees was on her way to work when her vehicle was struck by a pickup truck going east on the highway through the intersection. She was pronounced dead at the scene.

No charges have been filed yet against the driver of the pickup pending a police investigation. The news report says some people who witnessed the auto accident said the pickup truck ran the red light at the intersection and caused the collision. Police are still looking into whether that was true. Voorhees is reportedly the 11th motor vehicle fatality in Burlington County this year, according to New Jersey State Police statistics.

If it is determined that the driver of the pickup did run the red light, he could be held criminally liable for the accident and Voorhees' death. The driver could also be held financially responsible to Voorhees' family for their significant loss. They may be eligible to file a New Jersey wrongful death lawsuit against the driver. Wrongful death claims compensate families of deceased victims who were injured because of someone else's negligence. Typically, victims' families receive compensation to cover medical or funeral expenses, loss of earnings and other related damages.

If you have suffered a similar loss because of negligence or wrongdoing, please call an experienced New Jersey personal injury attorney at Lependorf & Silverstein for a free consultation. We have a successful track record with wrongful death claims and can assist you with your case.

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Posted In: Auto Accidents , Wrongful death

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The New Jersey Worker’s Compensation Act has a provision that prohibits an employee from suing an employer if that employee is injured during the course of his or her employment. This provision is commonly referred to as the “exclusive remedy provision.” There are, however, certain exceptions to the exclusive remedy provision where an injured employee can bring a claim against his employer. One such exception is the “intentional wrong” exception.

The intentional wrong exception to the exclusive remedy provision was examined by the Supreme Court of New Jersey in the case of Crippen v. Central Jersey Concrete Pipe Company, 176 N.J. 397. In this case, an employee fell from a six foot high, unsecured ladder into a sand hopper and suffocated to death. The plaintiff argued that since the defendant failed to correct Occupational Safety and Health Administration (OSHA) violations and made fraudulent misrepresentations to OSHA officials that certain unsafe working conditions had been abated, this constituted intentional wrong and the claim should survive as an exclusive remedy exception.

The New Jersey Supreme Court agreed with the plaintiff and allowed the deceased’s estate to proceed against his former employer. The Court reasoned that “a jury reasonably could conclude that the defendant had knowledge that its actions were substantially certain to result in the injury or death of one of its employees.” The Court also explained that when examining substantial certainty, a totality of the circumstances needs to be considered.

The ability to file a New Jersey personal injury claim against an employer outside the scope of Worker’s Compensation is very fact specific. Just because you have been injured on the job, it does not necessarily mean that you are prohibited from making a non-worker’s compensation claim.

The Crippen case is an example of how important it is to gather as much evidence as soon after the injury as possible to begin to build the strength of your claim. Please contact an experienced New Jersey worker’s compensation attorney at the law firm of Lependorf & Silverstein for a free consultation regarding your rights. Often, recoveries can be much greater if the plaintiff has his or her choice of venue. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your options. It is important to contact us as soon as possible after you have been injured.

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Posted In: Law & Information , Personal Injury , Workers Compensation

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A New Jersey Appellate Division Court Ruled on May 21, 2009 that a Title 59 Notice filed in 1995 sufficiently complied with the requirements of the Title 59 Act, even though the actual lawsuit was not filed until 2004. The facts of this case are as follows. While walking home from elementary school in Camden, New Jersey, on March 8, 1995, a nine year old student was struck by a car. She suffered substantial injuries including a broken ankle. On the day of the pedestrian accident in New Jersey, the student was attending an after school reading program. She was released from the after school program before 4:00 p.m. No crossing guards were on duty at the time of her release. While crossing an intersection on her way home she was struck by a motor vehicle.

New Jersey law requires that Notice must be provided to potential defendants within 90 days of an accident if the defendant is a public entity. In this case, the Camden City Board of Education was a potential defendant for not having a crossing guard at the intersection where the New Jersey pedestrian accident took place. The Camden City Board of Education was put on notice of this claim on April 4, 1995, within ninety days.

Following the filing of the plaintiff’s 2004 lawsuit, a summary judgment motion was filed by attorneys for the Camden City Board of Education. The motion asserted that the Title 59 Notice filed in April of 1995 was deficient in that it did not spell out all theories of negligence that were contained in the 2004 lawsuit. The Appellate Division Court determined that the plaintiff substantially complied with the Title 59 requirements, “…substantial compliance means that the notice has been given in a way, which though technically defective, substantially satisfies the purpose for which notices of claims are required.” Lamiero v. W. N.Y. Bd. Of Educ.,136 N.J. Super. 585,588. This Appellate Division Court ruled in favor of the plaintiff and determined that the original Notice filed back in 1995 was sufficient.

If you or a loved one have been involved in a pedestrian accident or an auto accident in New Jersey, it is important that you seek legal representation immediately. There may be public entities that need to be put on notice of the potential claim within ninety days of the accident. If too much time elapses following the accident you may severely compromise your ability to recover damages.

Please contact New Jersey’s skilled personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein for a free consultation regarding your case. An attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein can advise you of your rights following your accident. We will be sure to protect your rights. Please contact us today to discuss your legal needs.

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Posted In: Auto Accidents , Law & Information , Personal Injury , Public Notice Requirements

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A Hudson County jury has awarded Newark resident Silvano Santos $6 million as compensation for severe wrist injuries in a New Jersey construction accident four years ago, the Jersey Journal reports. The construction accident happened on January 12, 2005 when Santos slipped on ice and fell from a second story platform through an open hole that was cut for stairs on to a cement ground floor. The guard rail that had apparently been placed around the hole had been removed to build a wall, but there was no alternative safety device such as a harness, which is required by the federal Occupational Safety and Health Administration (OSHA) regulations.

Santos suffered a shattered right wrist and is still unable to bend his wrist or hold anything heavy. He also suffers sever daily pain, his attorneys say. Santos was unable to work for four months after the accident. Now he is left with a significant permanent disability to the right hand and wrist.

Santos worked for the now-defunct New Way Construction that was hired by subcontractor All-Tech Inc. to do carpentry work at the site. The general contractor, Baker Residential, and All-Tech were eventually held liable for the accident and Santos' injuries. OSHA officials said they had no record of the construction accident in New Jersey. A local official also said that the accident was never reported, as required, to the Secaucus Construction Code Enforcement Department.

Continue reading " Man Awarded $6 Million for New Jersey Construction Accident " »

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Posted In: Construction Accident , Workers Compensation

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Gabariel Koffah Jr., 26 of Newark, was killed in a New Jersey tractor trailer accident on the turnpike in Linden, according to a news report in The Star-Ledger. Koffah was a passenger in the back seat of a Toyota Avalon traveling southbound on the turnpike. The car's driver, 25-year-old Ralph Austin, lost control of the car, struck a guardrail and then crashed into the fuel tank of a big rig driven by 59-year-old Gary Poland. Austin's car spun and crashed into the guide rail. Austin was injured but his life is not in danger, officials said. Another man, 23-year-old Angel Rodriguez, escaped with minor injuries. Poland was uninjured.

Austin has been charged with reckless driving and driving under the influence of alcohol for causing the serious DUI accident in New Jersey. Police also apparently charged him with drug possession after they found marijuana on him. The accident is still under investigation and officials have not said whether Austin will be charged with vehicular manslaughter.

It is illegal in New Jersey to operate a motor vehicle under the influence of alcohol or drugs. If you have been injured because of the negligence of a drunk driver or someone operating under the influence of recreational or prescription drugs, they can be held responsible for the accident or injuries. You may be entitled to compensation to cover medical expenses, loss of wages, pain and suffering and emotional distress. Please contact an experienced New Jersey auto accident lawyer at Lependorf & Silverstein to schedule your free consultation and case evaluation.

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Posted In: Auto Accidents , Personal Injury , Truck Accidents

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Police are looking for witnesses in the cases of two young women who were killed while crossing major highways on foot in separate pedestrian accidents in New Jersey in the past week, according to a Princeton Packet report.

On May 4, Candace L. Puckett, 26, of Westampton, died of multiple blunt force injuries after being struck trying to cross the northbound lanes of Route 130 around 10:15 p.m., according to police.

In a similar incident several days earlier, Arlee M. Toto, 27, of Columbus, was struck and killed while walking south along Route 206 at 2:34 a.m., police said.

The families of these two wrongful death victims should immediately call an experienced New Jersey wrongful death attorney. To begin with, investigation must be done right away and the families should not just sit back and wait on the police to investigate.

There are certain ways to recover on a wrongful death action in New Jersey, including a recovery for the Estate, for the conscious pain and suffering that the decedent went through, and pecuniary harm that was caused to family members by the decedent’s death. An experienced New Jersey wrongful death attorney can make sure that the families rights are fully protected and that the recovery can be maximized.

There are certain procedural steps that also must be followed, including putting UM insurance on notice, potentially filing Notice of Tort Claim forms and completing forms at the County Surrogate’s Office.

If you are a family member of a person that was killed as a result of another person’s negligence, call the Law Offices of Lependorf & Silverstein for a free consultation with a skilled New Jersey wrongful death lawyer.

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Posted In: Pedestrian Accidents , Wrongful death

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It is quite common for employees to sustain injuries while engaged in social or recreational activities. An example of a social and recreational injury is when an employee plays on a company sponsored softball team and is injured while sliding into second base during a game. The injured employee is playing on a team sponsored by his employer and the team is comprised solely of employees from the same company – co-workers. This injury is not covered under New Jersey’s Worker’s Compensation Law. The applicable statute only affords benefits if the employee is injured during a recreational or social activity and “such recreational or social activities are a regular incident of employment and produces a benefit to the employer beyond improvement of employee health and morale.”

The 2004 New Jersey Supreme Court case entitled Lozano v. Frank DeLuca Construction 178 N.J. 518 (2004) outlines the factors a Court must weigh when making a determination that an otherwise recreational or social activity can be considered within the scope of employment. The Lozano decision requires that the activity must compel, either directly or implicitly, participation or attendance by the employee. Among those factors to be considered are, “whether the employer directly solicits the employee’s participation in the activity, whether the activity occurs on the employer’s premises, during work hours, and in the presence of supervisors, executives, clients or the like; and whether the employees refusal to attend or participate the employee to the risk of reduced wages or loss of employment.”

As is clear from the Lozano decision, there are many, many factors to consider when evaluating if a social and recreational work injury is compensable. If you have been injured during a social or recreational activity with fellow employees, you may be entitled to Worker’s Compensation benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today for a free consultation.

The Princeton, New Jersey Worker’s Compensation law firm of Lependorf & Silverstein, P.C. can put its New Jersey Worker’s Compensation experience to work on your behalf. Contact an attorney at the Princeton office of Lependorf & Silverstein, P.C. today and learn the benefits available to you.

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Posted In: Workers Compensation

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An Ocean County jury has awarded more than $17 million to a Lacey family that was injured in a 2006 auto accident in New Jersey, according to this news report in the Asbury Park Press. Jennifer Roden, 30, was on the way to a new car dealer with her 33-year-old husband, Alvin, and their three young children on Aug. 5, 2006 when a Hyundai crossed over the center line on Route 9 and struck Roden's Taurus head-on.

One of Roden's daughters, Madeline Kearney, 6 years old at the time of the crash, suffered a spinal injury that left her with permanent leg paralysis. Her 4-year-old sister, Victoria, suffered a head injury and needed emergency stomach surgery and 4-month-old Gavin Roden suffered a traumatic brain injury that required extensive treatment, the news report said. Jennifer Roden suffered broken ankles in the New Jersey car crash. The driver of the Hyundai, 24-year-old Corey Clifford, did not face criminal charges in the crash. He was driving home from work after an early morning shift at New Jersey Manufacturers, which was also named as a defendant in the lawsuit.

The company is expected to appeal the judgment. A number of legal issues must still be sorted out before the family gets any money from the settlement. A provision in New Jersey law known as prejudgment interest – an additional sum that adds to civil penalties based on the amount of time that has passed since the accident – would bring the ultimate award to more than $20 million.

If you or a loved one has been seriously injured in an auto accident as a result of another driver's negligence, you may be entitled to significant compensation. As seen in this case, if the negligent driver was on-the-job at the time of the accident or returning from work, then the employer could also be held liable. There are many complex legal issues involved in such cases. Please contact the knowledgeable and experienced New Jersey car accident attorneys at Lependorf & Silverstein to find out more about your rights and legal options.

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Posted In: Auto Accidents

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Going And Coming Rule

When the state of New Jersey originally adopted its Worker’s Compensation Act in 1911, the Act did not contain a definition of employment. Over the last one hundred years or so New Jersey Worker’s Compensation courts have attempted to define employment. Specifically, these courts have sought to determine when a typical workday begins and when a typical workday ends. This determination is critical in assessing if an injury is work related or if it is not work related. Over the years, what is known as the “going and coming” rule has evolved. Generally, the rule is that employees are not eligible to receive workers compensation benefits if they are injured during routine travel to and from work. This is because routine travel to and from work adds no benefit to an employer, and exposes the employee to no unusual risk that is specific to his or her job.

Importantly, certain exceptions to the “going and coming” have developed over the years. The two most common exceptions are known as the “special mission” exception and the “travel time” exception. The special mission exception provides injured workers with worker’s compensation benefits if the injury occurs when the employee is required to be away from his or her conventional place of employment and is actually engaged in the direct performance of employment duties. The travel time exception provides injured workers with worker’s compensation benefits if the injury occurs when the employee is paid for travel time to and from a distant job site, or if the employee is using an employer authorized vehicle for travel time to and from a distant job site.

Obviously, there have been many, many cases over the years with fact patterns that attempt to fall within the going and coming rule exceptions. If you have been injured either going to or coming from work you may be entitled to worker’s compensation benefits. Contact an attorney at the Princeton, New Jersey worker’s compensation law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your rights. Just because your company’s worker’s compensation insurance carrier denies your claim does not necessarily mean you are not entitled to benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today.

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Posted In: Workers Compensation

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Regina Kriklivy, a 14-year-old Staten Island girl, was killed after she was ejected from her family's minivan on the Interstate 80 in New Jersey's Roxbury Township. According to this news report in the Staten Island Advance, the minivan collided with a school van carrying 14 children from New Jersey and started a chain reaction crash that also involved a big rig. Regina's father Oleg, mother Larisa and brother, Arthur, suffered non-life threatening injuries. The children in the school van also did not suffer major injuries. The truck driver escaped with minor injuries. Police don't believe weather was a factor in the New Jersey car accident although there were heavy thunderstorms in the area at the time.

Although it is not clear what caused this particular New Jersey auto accident, we know from experience that most auto accidents are caused because of someone's negligence, inattention or error. If you have been involved in an auto accident in New Jersey caused by another driver's negligence, you may be able to file a claim against them for property damage, personal damage that includes medical expenses, pain and suffering and future loss of earning. In certain cases, victims can also seek punitive damages.

All plaintiffs must support their New Jersey personal injury claims by showing that:
• The driver was negligent and failed to use due care or violated the law (rules of the road).
• The driver's negligence caused the accident and
• You suffered damages as direct result of the accident

In any such claim, you must never proceed without talking to an experienced New Jersey auto accident attorney, who has extensive knowledge of personal injury law, can work his or her way through the court system, negotiate successfully with insurance companies and make sure you receive fair compensation for all the accident-related damages you suffered. Please call Lependorf & Silverstein today to discuss your New Jersey personal injury claim.

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Posted In: Auto Accidents , Personal Injury

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