Another wrinkle was that our client had chosen to designate her health insurance to cover her medical payments instead of the usual personal injury protection (PIP) coverage from her auto insurance company. See http://www.middlesexcountyacci
We spent countless hours pushing her providers to submit their bills to her health insurance company, and then submitting the resulting explanations of benefits (EOBs) to her auto insurer. As a result of our efforts, the lions share of her medical bills from the accident were paid by insurance.
It is always a great feeling to be of service to our clients and achieving a meaningful result.
Artificial turf as an alternative to natural grass has become popular in recent years, especially in athletic field applications. Among the benefits often cited are durability and low maintenance costs. Today, new manufacturing technologies are producing surfaces designed to be even softer and more yielding to help prevent injuries. However, many are questioning the safety of long-term exposure to these new surfaces.
Crumb rubber turf is made from recycled tires which are known to contain carcinogenic materials. This has led some to suggest that playing on artificial surfaces made from this material is increasing the risk of cancer for many children.
Joe Jogger is taking his morning run in Jersey State Park. He is rehabbing from surgery on a torn meniscus.
Doug Luvver is walking his prized pitbull and Pekingese on leashes nearby. Neither dog has ever attacked anyone before.
Joe has never before seen Doug or his dogs.
As Joe passes Doug on the path, the pitbull lunges at Joe and bites his leg, causing a six inch laceration that requires surgery and which leaves a permanent scar.
Is Doug legally responsible for Joe’s injury and why?
Who ever provides the best answer (in my absolute discretion) will receive a free New Jersey simple will. No attorneys please. E mail your answer to me at firstname.lastname@example.org, putting “Is Doug Liable?” in the subject line. Entries must be submitted by April 14, 2017. The best answer will be posted in a future blog on this website, with or without attribution.
Call today and put our 35 years of personal injury legal experience to work for you.
As an accident victim, you are not permitted to prove primarily through your own testimony that the other driver or property owner was negligent and at fault for your accident. That is the role of the expert witness. Skillful legal counsel will identify whether and when an expert is needed. S/he will know what expert to consult and to involve in the case.
For example, you are enjoying yourself at a nightclub when a fight breaks out. Everyone at the club stampedes for the doors and you are knocked down, breaking your leg. The judge and jury will not assume just because you were injured there that the club is responsible. Rather, it is your responsibility as the plaintiff to prove that the club was negligent in some way. Thus, it may be necessary to retain a security expert to evaluate the operation, layout, lighting, personnel and exits of the club to determine whether a reasonably safe environment was afforded. The expert may review videotapes and photographs in the course of his evaluation. He may also review the statements and deposition transcripts of eyewitnesses and club security personnel. Prior history of incidents in the club and in the neighborhood are also relevant and should be investigated.
Ultimately, the security expert will prepare a report with all of his findings and conclusions. The defense may choose to take the expert’s deposition. It may also hire its own security expert to prove that the nightclub was operated in a reasonably safe manner. That expert will also provide a report and be deposed. If your case goes to trial, these experts are likely to testify, and the jury will need to determine which one is correct – the so called “battle of the experts”. Your attorney has a critical role in working with all of your experts to ensure that their testimony is clear, easily understood and presented in a persuasive way. In that way, you will receive the fair compensation that you deserve.
In a prior post, we looked at the case of a child who lost an eye due to being poked with a stick by a classmate walking home from school. It was noted that the stick was taken from a brush pile in front of a home which violated a town ordinance. The homeowner and his landscaper agreed to pay a substantial settlement to the child.
The Appellate Division recently determined that a similar ordinance violation could not be considered as evidence of negligence. A bicyclist fell while riding in the street, sustaining serious injuries, when her bike snagged something from a brush pile placed in front of a private home. It was argued that the size and placement of the brush pile violated a town ordinance, but the court did not allow that to be presented to the jury. The bicyclist did present the town’s website warning that oversized brush piles could be hazardous to pedestrians and motorists. The court refused to consider the brush pile as a nuisance, and the jury found for the homeowner.
It should be noted that generally, violation of a statute can be considered as evidence of negligence. For example, failure to observe a stop sign resulting in a collision is negligent conduct.