Parents and teens across the country were shocked at the death of a 16-year- old Sayreville, N.Y., student aboard a party bus over the Labor Day weekend. It now appears as though the bus may have been operating illegally from the moment it crossed into New Jersey. [Read more…]
Can I Sue the Estate of the Person Responsible for My Injuries?
The legal system in the United States allows a victim who has been injured in a personal injury accident to file a lawsuit against the person, or entity, responsible for those injuries in order to recover damages. But what happens if the person who is responsible for your injuries is deceased? This is a question that comes up frequently and one that actually has a fairly simple answer. If the person responsible for your injuries is deceased, you are entitled to pursue compensation for your injuries by suing the decedent’s estate. Although the answer is rather simple, pursuing a lawsuit against someone who is deceased can be complicated and time consuming because of the procedural requirements involved. [Read more…]
Ginarte Law Firm Fights Against Excessive Police Force
Earlier this summer, Firm Founder Joseph A. Ginarte announced the filing of a federal lawsuit against the City of New Brunswick and its Police Department. The case involved the tragic police shooting of Victor Rodriguez, a 19 year old resident of New Brunswick. On the night of January 31, 2012, Mr. Rodriguez was shot in the back by New Brunswick Police Officers as he was attempting to break up a fight. Mr. Rodriguez sustained traumatic injuries including paralysis of his lower extremities. As a result, Mr. Rodriguez will require the use of a wheelchair for the rest of his life. [Read more…]
You Have The Right To Adequate Security
Each year the FBI releases data on violent crimes throughout the country. Consistently, the FBI in their Uniform Crime Report find that over a million violent crimes are “reported” each year. Individuals generally rely on security when they are at bars, hotels, restaurants, shopping centers, or apartments. Many victims of these violent crimes are unaware that they may have the right to seek compensation as a result of being the victim of a crime. [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…]
Elevators Are Not As Safe As You Think
Por Matthew V. Villani, Esq.
“Complex instrumentalities”, such as elevators, are frequently the cause of personal injuries. According to the United States Bureau of Labor Statistics and the Consumer Product Safety Commission, on average, 27 people are killed in elevator accidents each year. The same study revealed that on average about 10,200 people are injured by elevators each year. Most of these accidents and injuries are said to be caused by “door malfunction, carriage misalignment with floors, and passenger safety vulnerabilities.” [i] [Read more…]
New Jersey High Court Upholds Red Decals for Young New Jersey Drivers
The New Jersey Supreme Court has unanimously upheld a requirement that teenage drivers display a red decal on their license plates to allow law enforcement to identify them. Although lawyers for the losing side have vowed to take the fight to the U.S. Supreme Court, it appears that for now New Jersey teens will be easy to spot on the road. [Read more…]
Swimming Pool and Water-Related Accidents Rise in the Summer
Each summer, children and adults flock to oceans, lakes, pools and water parks. Unfortunately, unbeknownst to many individuals, they are exposed to great dangers. From 2005-2009, there was an average of 3,533 fatal unintentional drownings (non-boating related) annually in the United States and an additional 347 people died each year from drowning in boating-related incidents. [i] [Read more…]
Family Recovers for Loss of Mother, Wife in 2009 Explosion
A wrongful death cause of action is a tort which is remedied by the courts with payment of damages almost exclusively in the form of money. The intention of the guilty party’s payment to the decedent’s distributees is to right the wrong sustained. The Estate Powers and Trust Law (EPTL), Article 5, Part 4, EPTL 213-217, is New York’s wrongful death statute. Click here to view a summary of the statute. [Read more…]
New York Premises Liability – Inadequate Security
New York is one of the most popular tourist destinations in the world. Whether it is the night life, the shopping, or the Broadway shows that draw people, tourists flock to New York by the millions each year. Just two decades ago, New York was also considered one of the most dangerous metropolitan cities in America, with a crime rate that seemed as though it would never stop rising. Thanks to a concerted effort by law enforcement and government officials, New York is now a relatively safe big city. Crime, however, does still occur in the Big Apple. Unfortunately, it can sometimes happen right where you are staying, eating or shopping. If you are injured as the result of a criminal act, the property owner where the act occurred could be held liable for your injuries under the laws of premises liability. [Read more…]
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