Tag Archives: personal injury

Personal Injury Law: What to Look for in a Lawyer

After an injury-causing accident, one of the most difficult issues that victims struggle with is choosing an attorney. There are literally thousands of lawyers throughout the state competing for the same injured clients, and it can be difficult for consumers to figure out how to choose the attorney that would be best for them.

Here are some of the things that you should look for when choosing an attorney after an accident.

Find a Lawyer Who Works in a Particular Area of Law

Personal injury law encompasses the representation of victims injured in a wide variety of accidents, including commercial vehicle accidents, slip and falls, industrial accidents, and accidents involving defective consumer products. You should find a lawyer that focuses his or her practice in a particular area of law. For example, if you were involved in a car accident, you should look for an attorney who holds himself or herself out as a car accident lawyer.

Make Sure Your Lawyer Handles His or Her Own Legal Work

One aspect of legal practice that many nonlawyers are unaware of is the fact that some firms have the majority of their legal work done by paralegals or refer cases to other attorneys and then share in the fees when the case is over. Be sure to ask your New Jersey attorney whether he or she uses nonlawyers for assistance with certain tasks or plans to work with another lawyer on your case.

Ask Whether Your Lawyer is Willing to Take Your Case to Trial

As an accident victim, you should be aware of the fact that the vast majority of personal injury cases settle out of court. Unfortunately, some attorneys never take cases to trial, preferring to settle them and collecting their fee without having to take the time to prepare for litigation. This often results in less compensation for the client than he or she deserves. Make sure that your attorney has taken cases to trial in the past and is willing to go to court in your case if justice demands it.

Call 973-426-0021 today for a free consultation.

If you have been involved in an accident that you believe was caused by the negligence of another person, you should call an attorney immediately. To schedule a free consultation with a New Jersey personal injury lawyer, call David H. Kaplan, Attorney at Law today at 973-426-0021 or contact us online.

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An Account of Workers Compensation Challenges

If you are injured while at work, you may assume that you will inform your employer of your injuries and have a claim for workers compensation benefits approved to cover your medical expenses and lost wages if you miss work. Unfortunately, not every workers compensation case goes this smoothly and many injured workers experience wrongful delays or claim denials, which can leave them with serious financial and emotional problems.

Imagine if the following happened to you: You were at work like any other day until you fall from a raised platform and severely injure your back. You immediately tell your employer and go to the emergency department, where you are referred to specialists. You are instructed not to work for a period of time and are given pain medication and instructed to undergo physical therapy for months. Nothing seems to be improving.

Finally, you opt for a new type of surgery that is supposed to relieve your back pain. The surgery is not successful so you then undergo a second operation. The recovery time from your procedures lasts for months, during which you are unable to even care for yourself, needless to say work. Even after these surgeries, you still require serious painkillers just to function on a daily basis and require long periods of rest.

After you file the necessary paperwork for workers compensation benefits, you are shocked to learn that the insurer has denied coverage of your surgeries or for all of your lost wages. The insurance company is claiming that physical therapy and medication should have been enough to treat your injury and that the surgeries were elective – and not necessary – procedures. In addition, the recovery time after the surgeries is deemed unnecessary and will not be compensated. Not only are you still feeling pain, but you are now also facing a mountain of financial issues and challenges working again.

Sadly, the above situation is all too familiar for many injured workers who have had benefits wrongfully denied. The representation of a workers compensation attorney can increase your chances of a successful claim as well as help you fight against wrongful denials so that you can avoid situations like the one above.

Call 973-426-0021 today for a free consultation.

If you have been injured having a workers compensation or New Jersey personal injury lawyer on your side can greatly improve the outcome of your case in many situations. Please call David H. Kaplan Attorney at Law to discuss your situation for free today.

Filing a Claim after an Auto Accident

If you do much driving, you’ll unfortunately probably be involved in a car accident sooner or later. Whether it’s a simple fender bender or something much worse, the collision will almost certainly require making a claim with either the other driver’s or your own insurance company. Although no two accidents are ever exactly alike, there are several steps that you should follow in order to maintain the best chance of being fairly compensated for the losses you incur.

First Things First

The most important first step in any accident is to make sure that everyone involved in the accident is safe and unharmed. If there is any indication that anyone has been injured, do not hesitate to call the paramedics or 911 (if necessary). Even minor accidents can result in injury, and it is vital not only for the safety of those involved but also for the ultimate success of any claim of damages that you seek prompt medical attention.

Additionally, call the police and request that an officer be sent to the scene of the accident to create an accident report, which can ultimately be very important to your case. Finally, don’t forget to get contact information from any witnesses and get contact, vehicle, and insurance information from any other drivers who are involved.

What’s Next?

It’s always important to seek prompt medical treatment for any injury, and if you’ve been in a car accident, it’s important to let your doctor know. Make sure that you complete any treatments as prescribed, and if your condition doesn’t improve, consider obtaining a second opinion. Any claim for monetary damages based on bodily injury will strongly depend upon thorough medical documentation of your injuries as they relate to the accident and of the effect your injuries have had on your life.

Contact your car insurance company to report your accident as soon as it’s feasible to do so. You should also report the collision to the other driver’s insurance company. But it’s important to remember that, especially if you’ve incurred an injury in the accident, it might very well be in your best interests to seek legal advice from an experienced personal injury attorney first. Insurance companies can be daunting to deal with in the best of times; after an accident, the burden multiplies. A skilled lawyer with expertise in claim settlement negotiations can guide you through this difficult process.

Contact a New Jersey Personal Injury Attorney Today

Car accident claims can be very complex and the insurance companies that you have to deal with might not always put your best interests at the forefront. Being involved in an accident can leave you not only anxious but also injured. An experienced New Jersey personal injury lawyer can help. David H. Kaplan, Attorney at Law has the experience, expertise, skill, and commitment to fight for your personal injury claim. For a free consultation, please give us a call at 973-426-0021 today.

Pursuing a Premises Liability Suit

A premises liability suit results from a claim that you were injured on someone else’s property due to their negligence. The law provides us all with the right not to be harmed by foreseeable dangers on either public or private property. In other words, property owners have a legal obligation to remove safety hazards from their properties’ premises.

Common Issues that Result in Premises Liability Claims

Both private and public properties can be declared unsafe for a variety of reasons that include such things as improper or inferior construction, failure to adequately maintain the property, and negligence in general. There are several specific premise liability issues that are most often brought to suit:

  • Slip and fall;
  • Dog bite;
  • Porch or stair collapse;
  • Unsafe walkways;
  • Fire; and
  • Swimming pool injuries.

It’s every property owner’s responsibility to keep their properties free from dangers such as these.

Why bring a Premises Liability Claim?

People tend to think that bringing such a claim is simply greedy or opportunistic, but that is rarely the case. When you suffer negligent injuries on someone else’s property, there can be serious and even devastating consequences – even when they aren’t necessarily immediately apparent. It’s important to consider the long-term effects of the injury, which can become costlier and more complicated as time goes on.

For most people, however, the decision to bring a premises liability suit is based upon their desire to ensure that their own inaction won’t cause anyone else to suffer the same fate. In fact, this is a very compelling reason to move forward with such a claim. If you’ve been injured due to someone else’s negligence, a premises liability suit will provide you with a meaningful opportunity to ensure that person’s negligence will not harm anyone else. Many people consider this a powerful motivator.

If you have been injured on someone else’s property, call an attorney who is skilled in premises liability suits to discuss your concerns and your case.

Contact a New Jersey Personal Injury Attorney Today

Premises liability cases are often complicated, and they can leave the injured party feeling somehow responsible or disinclined to bring claim. But premises liability suits represent an important legal mechanism whereby property owners are held responsible for maintaining their properties in a manner that is free from foreseeable safety hazards. This is important for everyone. If you or someone you care about has been involved in an accident caused by a property owner’s negligence, do not hesitate to contact an experienced New Jersey personal injury lawyer. David H. Kaplan, Attorney at Law has the experience, expertise, skill, and commitment to fight for your premises liability claim. For a free consultation, please give us a call at 973-426-0021 today.

Personal Injury Law Basics

When one person causes you injury, you will likely require medical treatment, you may miss work and lose income, and you may be left with long-term effects of your injury. Personal injury law allows a person who has been harmed to seek financial recovery from the person who caused them harm. Personal injury laws arise from common law, which is developed by the courts instead of enacted by the legislature. However, New Jersey statutes can address different aspects of personal injury cases, such as the statute of limitations and limits on damages in certain cases. The following is some basic information about personal injury law.

What can Lead to a Personal Injury Case?

Many different accidents and incidents can lead to personal injury cases, including the following:

  • Motor vehicle accidents
  • Slips, trips, and falls
  • Dog bites
  • Medical malpractice
  • Nursing home abuse or neglect
  • Accidents caused by defective products
  • Assault and battery or other intentional acts
  • Construction accidents
  • Defamation

The specific legal issues involved in your personal injury case will depend on the exact type of accident or incident that caused your injuries.

What is Negligence?

The majority of personal injury cases involve the legal concept of negligence. Negligence occurs when a person has a legal duty toward you, they violate that duty, and the violation causes you injury and actual losses. One common example of negligence is as follows:

  • A driver has the duty to drive in a reasonably safe way to avoid accidents;
  • A driver chooses to allow themselves to become distracted while they are driving;
  • The distracted driving causes them to crash into your car;
  • You suffer injuries and financial losses as a result of the car crash.

In addition, if a driver violated a safety law (such as drunk driving or running a red light), they could be found to be “negligent per se,” or automatically negligent, which relieves some of the burden on you in proving negligence.

How Can You Recover in a Personal Injury Case?

There are different ways to recover compensation for your injury. In some cases, you can obtain enough from the party’s insurance company to cover your losses. If that is not possible, you can file a claim in New Jersey civil court. This process is complex, so you want to have the guidance of a skilled personal injury attorney.

Call 973-426-0021 today for a free consultation.

If you would like to discuss your case with an experienced New Jersey personal injury lawyer, please call David H. Kaplan Attorney at Law for more information today.

Infection from a Dog Bite?

When you think of the injuries that commonly result from a dog bite, you likely first think of lacerations, bruises, punctures wounds, and more. If a dog bite ever breaks through the skin at all, it is imperative to seek medical attention as soon as possible, even if you are not in that much pain. While the traumatic injuries can be serious enough on their own, any open injury from a dog bite also runs the risk of becoming infected.

A dog’s mouth is full of bacteria and, when the teeth break the skin, these bacteria can wind up deep inside the wound. In cases where the bite leaves a particularly deep or complicated wound, it can be extremely difficult to thoroughly clean it. In some cases, the top layer of skin may appear to heal but there may still be bacteria trapped inside the wound. As a result, dog bites have a significant potential to cause serious infections.

While the scars and emotional trauma of a dog attack are no doubt very serious, any resulting infections can cause extensive complications for a dog bite victim. A victim may also not realize that an infection has started until it has become severe. As a result, many dog bite victims who develop infections end up ill for a significant period of time and may even need to be hospitalized.

If you or your child sustain a dog bite that breaks the skin, you should always seek medical treatment even if the wound seems relatively minor. A medical professional will know how to properly clean the wound to avoid infection whenever possible. In addition, you should always be watching for the signs and symptoms of infections, including:

  • Swelling or redness at the site of the wound
  • Pus oozing from the wound
  • Numbness or tingling
  • Fever
  • Stiffness of weakness in the muscles
  • Difficulty breathing

If a dog bite infection is not treated in a timely manner, it can even develop into a life-threatening situation.

Call 973-426-0021 today for a free consultation.

If you have developed an infection from a dog bite or simply have been bitten by a dog other than your own, you should call an attorney immediately. New Jersey Dog Bite lawyer David Kaplan is committed to representing the rights of injured victims provides aggressive representation to each client he represents. To schedule a free consultation with David H. Kaplan Attorney at Law, call our office today.

Can a Personal Injury Claim be Reopened?

Following an accident, many people want to hurry up and file a personal injury claim to get their settlement or award check as soon as possible. However, severe injuries often require long-lasting medical treatment, so the costs of an injury can potentially continue for years or indefinitely. In addition, injuries can often keep people out of work much longer than they originally had expected. Many injured victims who have already received a settlement call our office wondering if we can reopen their case since they did not consider all of their possible future losses. Unfortunately, the answer to this question is almost always “no.”

Insurance Claims

Too many accident victims rush to accept a settlement offer from an insurance company only to later realize that the settlement was inadequate to cover their losses. However, when you accept an insurance settlement, the company will also have you sign a release form that states you may not later pursue any additional compensation in regard to the injuries stemming from this accident. This means you cannot later ask for more from the insurance and also lose the right to file a personal injury claim in court. For this reason, it is extremely important to carefully review any settlement offer with a skilled personal injury attorney and never accept a settlement that is less than you deserve.

Personal Injury Claims

Once a personal injury case is settled and closed, you cannot come back at a later date seeking additional compensation. This is to protect individuals from living in perpetual concern that another claim will be filed following an accident. If you hire an inexperienced lawyer and they do not seek the right amount of compensation or convince you to settle early in a case to avoid additional work, you do not have another chance. Therefore, hiring the right attorney from the start is essential to make sure you receive the full amount you need to cover your losses.

Call an Experienced NJ Personal Injury Lawyer for a Consultation Today

Personal injury lawyer David H. Kaplan, Attorney at Law understands how important it is to get your personal injury claim right the first time, as reopening a case happens in only the rarest of circumstances. We understand how to properly calculate and prove the full amount of your past and future losses and will never advise you to accept an insufficient settlement. If you have sustained serious injuries in any type of accident, please call our office for a free consultation today.

Does the “One Bite” Law Apply in NJ?

Many people have heard of the “One Bite Rule” when it comes to owner liability for dog bites. One Bite laws do not hold a dog owner liable for the losses of bite victims if they did not know or had no reason to know that their dog had the propensity to bite. Once the dog bites the first time, owners are put on notice and held responsible for any subsequent bites. The existence of these laws results in many dog owners believing they get one “free” bite before they face any type of legal or financial liability.

Fortunately for dog bite victims in New Jersey, our state does not follow the One Bite Rule, and many dog owners are surprised to learn that they can be held strictly liable for even the first dog bite incident. Strict liability means that the dog owner can be held responsible even if they did not act in any type of negligent manner and were not actually at fault for the bite occurring in any way.

The strict liability animal bite law in NJ makes it much easier for victims to recover for their losses by either filing a claim with the dog owner’s insurance policy (if one applies) or by filing a personal injury claim in civil court. A bite victim may qualify under the strict liability statute if the following are true in their case:

  • They were not trespassing at the time of the bite and had permission to be in that location
  • They did not engage in any type of provocation of the dog that would lead the dog to bite

If you were bitten by a dog in New Jersey and the above were true in your case, you may be entitled to significant compensation under the law.

Call for a Consultation with a New Jersey Dog Bite Attorney Today

If you or a loved one has suffered severe injuries from an animal bite in NJ, the dog owner should be held liable for all of the losses that resulted from the bite. Such losses often include costs of medical treatment, emotional distress, physical pain, disfigurement, and more. Personal injury lawyer David H. Kaplan, Attorney at Law has helped many injured victims with their financial recovery through both insurance companies and the courts, so please call today for a free consultation to learn more about how we can assist you.

The Statute of Limitations for Personal Injury Cases

A personal injury can derive from many different accidents, including motor vehicles, slips and falls, medical malpractice, animal bites, as well as exposure to dangerous products. Any of those injuries all have one thing in common: negligence. There is a duty of reasonable care that all people driving, operating a store, performing a medical procedure, etc. are to have toward the people around them. For instance, a store owner has a duty of reasonable care to make sure that any spills or wet areas on the floor are cleaned promptly to ensure the safety of their customers. Failing to provide this care means they were negligent in their duty.

In the state of New Jersey, the statute of limitations (the length of time you have to file a personal injury claim with the court) is two years. This means, while you may be dealing with a serious injury that is impeding your life, you also have to decide whether you plan to file a claim with the court.

The short window you have to file your personal injury claim can cause great complexity as you are trying to recover from your injury. The effects of your injury can be long lasting, and it may keep you from going back to work, which could ultimately cause financial problems for you and those who depend on you. A personal injury claim has the potential to award you money damages for the injury suffered. A successful claim can come with compensatory damages that compensate for your losses, medical bills, and pain and suffering. This money helps offset the otherwise financial burdens you may be faced with if you are unable to work or if health insurance fails to cover much of your medical bills.

The legal process of filing a personal injury claim can be overwhelming, especially while you are dealing with the aftermath of the injury. To make the process as painless as possible, contact an experienced attorney today. They will help you fill out the paperwork and help fight for your rights.

Where safety fell short, we are here to protect your rights. The pain you experienced through your injury can be devastating, but we are here to help you get the justice you deserve. Call the Law Office of David H. Kaplan today for a free consultation at (973) 426-0021.