New Jersey Injury Attorney Blog

A 34-year-old man from the Parlin area of Sayreville is dead after his bike left the road around 9:46pm on Thursday, September 23, according to MyCentralJersey.com. The man was ejected from the bike and subsequently hit by several other vehicles. He was pronounced dead at the scene. It is unclear as to what caused the bike to lose control.

There are a number of reasons the fatal New Jersey motorcycle accident occurred and some options that investigators may want to consider include rider error, hazardous road conditions, a faulty or defective motorcycle component, or perhaps another vehicle maneuvered in such a way the motorcyclist was forced off the road. Should the investigation conclude that negligence of any kind contributed to the death of the 34-year-old man, his family may be entitled to compensation for his wrongful death. In the event that a faulty component played a role in the crash, a third party such as the manufacturer or the designer of the component may be held liable.

Losing a loved one is never easy on a family, especially if the accident could have been prevented. If you have been injured or if a loved one was wrongfully killed in a New Jersey motorcycle crash, you have legal rights. The skilled Princeton motorcycle accident lawyers at Lependorf & Silverstein have nearly twenty years of experience, each successfully handling a variety of personal injury cases and have the resources necessary to hold negligent parties accountable for their actions. To learn more about Lependorf & Silverstein, call us at (609) 240-0040.

One Middlesex County town has OK’d the installation of red-light cameras at a few intersections known to be high producers of car accidents, according to MyCentralJersey.com. The red-light cameras are part of a five year pilot program designed to test the effectiveness of the cameras in preventing intersection accidents in New Jersey. The program was approved in 2008 and in order to be selected for participation, municipalities had to provide specific intersection locations where accidents were a regular occurrence. There are plans for installation of the red-light cameras in Rahway and South Brunswick. East Brunswick’s permit for installation is currently pending.

Intersections are one of the most common locations for car accidents to happen. Motorists will often speed through a yellow light or turn on a red light without first checking for pedestrians or other vehicles that have the right-of-way. With the implementation of the red-light camera program, some New Jersey towns are hoping that drivers will be safer when behind the wheel. According to the New Jersey Department of Transportation, there were 57,039 intersection crashes in 2009 alone. These accidents ranged from minor to severe.

If you or a loved one has been injured in an intersection car crash, you deserve to know your rights and hold negligent parties responsible. At Lependorf & Silverstein, our dedicated New Jersey intersection accident attorneys have nearly 20 years experience each in handling a wide array of auto accident injury cases. You may be entitled to seek compensation for your injuries and any property damage the accident caused. Call Lependorf & Silverstein today at (609) 240-0040 for a free consultation.

A tractor trailer overturned on the New Jersey Turnpike on September 20th causing traffic to slow, according to CourierPostOnline.com. Fortunately, there were no injuries reported. The large truck was carrying a load of metal piping which spilled onto the highway near East Brunswick. Firefighters and NJ state police responded to the accident, which occurred at about 8:20am. It is not clear at this time what caused the tractor trailer to overturn.

There are a number of various causes for large truck accidents. Depending on the road and weather conditions, the tractor trailer could have skidded or slid out of control. Because trucks are so heavy, weighing upwards of 80,000 pounds, and are normally loaded with cargo, any additional force can cause the truck to overturn. Investigators may also look into the possibility of driver fatigue, whether or not the truck driver was under the influence of alcohol or drugs, maintenance records and a number of other factors.

Continue reading " Truck Overturns in East Brunswick Accident, No Injuries Sustained " »

An interesting question arises in the field of New Jersey workers’ compensation law when an employee is injured in the parking lot of an employer either before work begins or after work ends. What happens when an employee arrives at work, parks, and falls sustaining an injury before actually entering the building and punching in for the work day?

These cases are very common. They also are very fact sensitive. As the New Jersey Supreme Court pointed out in the 2000 case of Bowers v. ICT Group, “the fact that the [employee] had punched out does not preclude compensability because the situs of the accident and the employer’s control of that location are the dispositive factors.” Therefore, it is possible to bring a workers’ compensation claim for an injury sustained in an employees’ parking lot either before the work day begins or after the work day ends.

If you have suffered an injury of this type, you may be entitled to workers’ compensation benefits. Contact an attorney at the Princeton, New Jersey personal injury law firm of Lependorf & Silverstein for a consultation regarding your legal rights. Our Princeton workers comp attorneys can advise you of your legal rights.

In order to pursue a workers’ compensation claim in New Jersey, it is necessary to establish that the injury claimed was sustained during the course of one’s employment. It is also necessary to establish that the injury claimed is permanent in nature.

Many employees allow their workers’ compensation carrier’s physicians to determine if the injury claimed is indeed permanent in nature. An injured worker can improve his or her chances of recovery by retaining an attorney.

On September 7, 2010 a New Jersey Appellate Division panel of Judges, in the case entitled Collette v. South Jersey Transportation Authority, ruled that the injured worker’s doctor that was retained by her attorney was more credible in fixing the nature and extent of permanent disability than the company physician. Thus, the lower court’s award of 33.5% of disability was upheld by the Appellate Division Judges. In this case, the injured worker injured her shoulder and the injury required surgery.

If you have been injured during the course of your employment, you may increase your ability to maximize your New Jersey workers’ compensation benefits if you seek counsel to assist you. The New Jersey work injury accident attorneys Lependorf & Silverstein, P.C. can counsel you and advise you of your rights. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein, P.C. to discuss your rights. If the injury you sustain at work is indeed permanent, it is in your best interest to maximize your recovery. Let the Princeton, New Jersey workers’ compensation law firm of Lependorf & Silverstein, P.C. fight for your rights.

All employers in the state of New Jersey are required to have workers’ compensation insurance should an employee be injured on the job. In some cases where there is a dispute either between the employee and the employer or the employer’s insurance provider, a Claim Petition or an Application for an Informal Hearing may be filed with the Division of Workers’ Compensation. The claim will then be assigned to a judge and an informal hearing will be held.
There are two types of claims that can be filed.

An Informal claim can be filed in order for injured employees and employers to resolve disputes without having to go through the motions of a lengthy trial proceeding. Issues such as medical treatment, benefit amounts and the permanency of benefits can be discussed during an informal hearing. The judge may make suggestions and his or her ruling is not binding. If either the employer or the employee is not satisfied with the outcome of the hearing, they may file a formal claim petition within the statutory time period.

A Formal claim can be filed with the Division of Workers’ Compensation and the first hearing is normally scheduled within six months of the filing. In most cases, mutual agreements regarding benefit amount and other issues can normally be resolved here. If a conclusion cannot be reached during the first hearing, the case moves to trial where testimony from the injured worker, lay and medical witnesses is heard. The judge’s ruling is binding and may only be appealed through the Appellate Division of the Superior Court. The employer or insurance company will normally have legal representation. It is highly recommended that an injured worker retain the services of an experienced New Jersey workers’ compensation lawyer to ensure that their rights are upheld.

If you or someone you love has suffered an on the job injury in New Jersey, Lependorf & Silverstein can help. With nearly 20 years experience per attorney, we have the skill and competency to successfully handle your New Jersey workers’ compensation claim to help you receive the benefits that you are entitled to. Call us today at (609) 240-0040 to schedule a free consultation of your case.

With the fall semester starting back up, many parents are getting back into the swing of hustling their children into the car and taking them to school. Because of this, New Jersey has launched the “School Zone… Danger Zone” campaign, which hopes to educate and remind parents to slow down when driving their children to school campuses. According to an article in The Record, due to the fact that most parents drive their children to school, the risk of pedestrian accident injury or death has risen significantly.

Crossing guards, who are responsible for ensuring that all pedestrians cross the street safely, are especially supportive of the campaign. One crossing guard said that she had nearly been hit by a passing car while she was still in the middle of the crosswalk. Between 2007 and 2009, 19 children were killed in pedestrian collisions with cars.

Driver and pedestrian distraction have been cited as causes for New Jersey pedestrian injury accidents relating to texting while driving or texting while walking. Students who cross the street and text are not paying attention to their surroundings or the traffic. Additionally, the article states that some parents no longer take crossing guards seriously. What many motorists do not realize is that crossing guards are trained by law enforcement, not school administrations or districts.

It is vitally important for pedestrians to be aware of what’s going on around them when they cross the street. Likewise, it is also important for motorists to pay attention, obey traffic signals or crossing guards and use caution when dropping their children off at school. If you or your child has been injured in a pedestrian accident in New Jersey, you do not have to go it alone. The skilled Princeton pedestrian accident attorneys at Lependorf & Silverstein have nearly 20 years experience each in personal injury litigation and can help you understand your rights and hold negligent parties accountable. Compensation damages that you may be entitled to include medical bills, pain and suffering and other damages. Call Lependorf & Silverstein at (609) 240-0040 to schedule a free consultation.

A New Jersey Appellate Court ruled on August 30, 2010 that a single, intentional act by an employer can satisfy the “intentional wrong” exception to the Workers’ Compensation bar. Typically, an employee is barred from bringing a third party action against his or her employer under general negligence principles. However, in certain, rare instances, such a claim can be made.

The controlling New Jersey Supreme Court case that addresses this issue is Laidlow v. Hariton Machine Co. Inc. In this case a guardrail was removed from a saw to enable an employee to work faster. The August 30, 2010 Appellate Court ruling in the case entitled Van Dunk v. Reckson Associates, A-3548-08T2 holds that a willful violation of OSHA regulations can be considered by a Judge in determining if an intentional wrong can allow an employee to sue an employer. In the Van Dunk case an employee was seriously injured when a trench collapsed while the employee was attempting to relocate a dewatering sump. Also, in Van Dunk it was established that safety was disregarded to increase speed and profitability.

If you have been injured on the job, in addition to basic workers’ compensation benefits, you may also be entitled to pursue a third party claim for additional compensation. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein for a free initial consultation to learn more about your rights as an employee in the state of New Jersey. The Princeton, New Jersey workers’ compensation attorneys at Lependorf & Silverstein can assist you.

A four vehicle crash on September 12, 2010 in Middle Township’s Goshen section killed a Gloucester County motorcyclist and injured six other people as reported in the pressofAtlanticCity.com.

The twenty five year old driver, a resident of the Gibbstown section of Greenwich Township, was traveling north on Route 47 at about 2:30 p.m. when two southbound vehicles collided, then struck him.

Apparently one of the vehicles had been stopped waiting to turn onto Bucks Avenue when another vehicle hit this vehicle from behind. This caused the vehicles to be propelled into a northbound Jeep Cherokee as well as into the motorcyclist. Tragically the motorcyclist was pronounced dead at the scene.

Because there were multiple vehicles involved here, it is crucial that a knowledgeable New Jersey motorcycle accident attorney get involved as soon as possible. There may be liability that can be assessed against multiple drivers. This is crucial because the more parties that are involved, the better the chances of getting the deceased man’s estate compensated as fully as possible.

New Jersey motorcycle crashes also present unique challenges that should be handled by an experienced New Jersey motorcycle collision attorney. The policies that insure motorcycles in New Jersey are different than an automobile policy and it is crucial that an experienced New Jersey motorcycle accident lawyer be involved from the beginning to ensure that all of the plaintiff’s rights and entitlements are adequately protected.

If you or one of your loved ones have been involved in a New Jersey motorcycle collision, call one of the experienced New Jersey motorcycle accident attorneys at Lependorf & Silverstein as soon as possible. Our attorneys will aggressively pursue your claim and make sure that your legal rights are protected. Call (609) 240-0040 today.

New Jersey worker’s compensation benefits are provided by employers in the event that a worker is injured on the job. Employers purchase workers’ compensation insurance which helps pay for an injured worker’s medical expenses, lost wages and disability. The benefits are provided to workers on a “no fault” basis which means that the worker does not have to prove that the employer or another employee contributed to their injury. In most cases, even if the worker was responsible for his or her own on-the-job accident, they may still be able to collect workers’ compensation benefits.

There are a few types of workers compensation benefits:

• Temporary Total Disability Benefits
• Permanent Partial Disability Benefits
• Permanent Total Disability Benefits
• Death Benefits
• Medical Benefits

Employees can receive benefits at 70% of their normal wage and the severity of the injury will determine whether the workers’ compensation earnings will be temporary or permanent. If the employee’s on the job accident resulted in death, the family of the deceased will be able to receive payments.

While the New Jersey workers’ compensation program does help injured workers and their families to an extent, there are cases where the allotted benefits are not enough. In other cases, a worker who files a claim with their employer may face retaliation or a denial of their claim. When these types of situations occur, employees may want to contact an experienced New Jersey workers’ compensation attorney.

The skilled and dedicated Princeton work injury lawyers at Lependorf & Silverstein have been helping injured clients for nearly twenty years each and can ensure that your rights as an injured employee are not violated. If you or a loved one has sustained injury while on the job, call Lependorf & Silverstein today at (609) 240-0040 to learn how we can help you with your New Jersey workers’ compensation claim.

An elderly man and his wife were traveling on the Palisades Parkway near Ramapo when, for an unknown reason, the man lost control of the vehicle, drove into the wooded median and then struck a large tree, according to the Times Herald-Record. The 81-year old man was pronounced dead at the scene. His 79-year old wife was partially ejected during the crash and was taken to a nearby hospital where she succumbed to her injuries. Sadly, neither of the two occupants was wearing seat belts.

The cause of the accident is unknown, however, there are a number of reasons that may have contributed to the crash including slippery or dangerous roadways, defective or malfunctioning vehicle components or debris or an animal in the road that may have caused the man to swerve. An investigation will determine the cause of this tragic accident. If a defective vehicle part or dangerous roadways contributed to this collision, the family members of the victims could hold negligent parties responsible for the New Jersey wrongful deaths of their loved ones.

In the event that a defective part played a role, the family of the deceased may be able to hold the vehicle manufacturer liable, especially if the manufacturer knew of a problem and did nothing to remedy it. Should the roadways be found to have been in poor condition, thus contributing to the accident, the family may hold the city accountable.

Continue reading " Elderly Couple Killed in Ramapo Single Vehicle Crash " »

A Paterson worker was killed on Tuesday, August 31, when a forklift collapsed, crushing him underneath a car, an article on NorthJersey.com reports. Another worker was injured as he tried to help the other man. The two Beji Dismantling employees were working on a silver Mercury vehicle when the forklift gave way. Police, rescue crews and OSHA representatives were dispatched and the man who was crushed was pronounced dead at the scene. The injured worker was transported to a local hospital with serious injuries.

The reason for the New Jersey heavy machinery accident is not known at this time. A mechanical component on the forklift could have malfunctioned or may have been defective. An investigation into the accident will determine if all Occupational Safety and Health Administration regulations were being followed at the job site and whether or not the forklift could have been defective, causing the wrongful death and serious injuries of the workers. In the event that safety standards were not adhered to, the employer of the two workers may be held responsible. If the forklift itself is found to have a design flaw that contributed to the accident, the manufacturer of the forklift may be held liable as well.

If you have been injured or lost a loved one in a New Jersey heavy machinery accident, you may want to seriously consider retaining the services of an experienced personal injury attorney. At Lependorf & Silverstein, our dedicated and skilled Princeton heavy machinery accident lawyers understand the complex laws that surround workplace accidents. In addition to the emotional and physical trauma that a victim may suffer, the financial strain that can arise from a heavy machinery accident can be devastating for the victim and their family. With nearly twenty years experience each, our attorneys can hold all negligent parties accountable for their actions and ensure that victims and families of victims who have been wrongfully killed get the compensation they deserve. To learn more about how the personal injury law firm of Lependorf & Silverstein can help you, call (609) 240-0040 today.

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.