According to CBS news, doctors specializing in ankle and wrist injuries can expect an increase in business by 20-30% the days following a snow storm. [i] Many of these injuries are preventable. New Jersey law has established laws to protect and compensate those injured as a result of any icy sidewalk. [Read more…]
Hurricanes and Personal Injury
Hurricanes and natural disasters are traditionally viewed as Acts of God. If a person is injured as a result of an Act of God, meaning that the cause of an accident was purely a natural force that “could not have been prevented by any amount of foresight and pains and care reasonably to be expected of [a defendant]”, then the injured party cannot recover any compensation. Nugent v. Smith, 1 C.P.D. 423, 444 (C.A.1876). [Read more…]
Conscious Pain & Suffering in a Wrongful Death Action: Sanchez v. City of New York
In New York, the individuals who may recover damages in a wrongful death claim are set forth in the New York Estates, Powers & Trusts Law 5-4.1 et seq. (commonly referred to as the “Wrongful Death Statute(s)”) which also lists specific requirements a party must follow in order to successfully prosecute a claim. For example, a duly appointed representative of the decedent’s distributees may bring the wrongful death claim on their behalf against the tortfeasor who committed the conduct which caused the decedent’s death. [Read more…]
Bicyclist Killed by Tractor-Trailer on Route 88 in New Jersey
Tragedy struck on the morning of August 16 in Brick, N.J., when a bicyclist was killed in a collision with a tractor-trailer. According to a news report, the bicyclist, a 48-year-old Point Pleasant man, was on the edge of Route 88 when he stopped for a red light. The tractor-trailer, which was headed in the same direction, also was stopped at the light. When the light turned green, the bicyclist proceeded forward; however, the tractor-trailer began a right turn, striking the cyclist. Numerous witnesses, including the driver of the tractor-trailer, tried to help the cyclist, but he was pronounced dead upon arrival at a hospital. [Read more…]
What Is An Unsafe Sidewalk?
By Matthew V. Villani
The New Jersey Supreme Court has ruled that commercial property owners owe a duty to those using their sidewalks. Specifically, commercial property owners have an affirmative duty to maintain their sidewalks. Stewart vs. 104 Wallace Street, Inc. 97 NJ 146 (1991). [Read more…]
What Happens When You Are Injured By An Unidentified Hit And Run Driver?
A Department of Transportation study reported that 1 out of every 5 pedestrians killed in an auto accident was a hit and run victim.
Even though you may not be able to identify the driver or owner of the vehicle that injured you in a hit-and-run accident, you may still be able to recover compensation for your injuries. Although it is not mandatory, many automobile insurance policies provide Uninsured Motorist Benefits (“UM”). If you have UM coverage, then you are entitled to make a claim against your own insurance company to compensate you for your loss. Your insurance company essentially steps in the shoes of the “unidentified” driver. [Read more…]
No Pay Equals Pay Day for Ginarte Client
By Matthew Villani
On June 11, 2012, after a hard fought four day trial, Ginarte Law Firm obtained a $350,000 verdict on behalf of a Portuguese-speaking client who was injured in a New York car accident. [Read more…]
Walking the Streets of New York–The Not-So-Hidden Danger
New Yorkers love the hustle and bustle of a massive metropolis. Ask a diehard New Yorker if he or she would live anywhere else and the answer is almost always a resounding “no.” New Yorkers are also accustomed to the congestion and the astronomical amount of time it often takes to get from point A to point B. During particularly busy times of the day, you can get to your destination much faster by walking than trying to drive there. Walking, though, can be dangerous in the Big Apple–and not just because of crime. Pedestrian accidents are far more common than many people realize. [Read more…]