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There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company.

In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages.
In New Jersey, the verdict or judgment of the court trying the case includes, but may not be limited to, damages for the following:

1.  Sorrow, mental anguish, pain and suffering which may include society, companionship, comfort, guidance, and advice of the decedent;

2.  Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;

3.  Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;

4.  Reasonable funeral expenses; and

5.  Punitive damages may be recovered in New Jersey for willful or wanton conduct, or such recklessness that demonstrates a conscious disregard for the safety of others.
 
You can send a confidential message to Christopher J. Hanlon right now or call at 732-863-9900 Ext. 108, about a wrongful death claim or lawsuit because of a death related accident.
 

There is a tragic story out of Virginia.  Apparently a 15 year old was riding his bicycle when a car approached him from the rear.

According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car.

According to accounts, the young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident.

The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.

Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants.

Its tax time and the insurance companies are sending 1099’s to those with whom it entered settlements last year.

At least one company is telling the IRS, via the 1099’s that the settlements are taxable benefits, even if the benefit itself was not taxable! If you are getting disability benefits and you paid the premium for the policy, then any benefit you get is non-taxable. That’s straight up federal tax law.

A major company is taking the position that “yes, you are right but since this is a settlement we are going to report it to the IRS as taxable.”

Pure, outright fraud on the part of this company. The disabled insured is left paying more attorney and CPA bills to straighten out the mess…all because this major insurance company is either stupid as all get out or mean as the devil.

Finally, a state getting serious about a doctor with a history of inadequate care.

The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an “immediate and serious threat to public health.” Dr. Suzanne B. Rothchild’s medical license was suspended after the board reviewed nine cases that alleged inadequate care by her.  According to court records. Rothchild has been accused of medical malpractice 12 times since 1993.

In the state of West Virginia, legislation which would prohibit specific financial demands for damages in personal injury and wrongful death cases from being included by attorneys has drawn support from both trial attorneys and defense counsel.

Earlier in March, the state’s Legislature passed House Bill 4120, which would prohibit such demands. Exceptions are provided by the bill for cases when a specific amount is necessary for obtaining or preserving jurisdiction or otherwise required by an existing statute or rule. A similar law for medical malpractice cases is already in place.

West Virginia Governor received the bill after it was unanimously passed by both the House and Senate.

The president of the West Virginia Association for Justice, mentioned two lawsuits filed in 2007 which helped trigger public perception about “frivolous” suits, although both were outside of “the accepted practice of responsible attorneys.”

In one case, a judge in Washington, D.C. filed a $54 million suit against a dry cleaner for losing a pair of pants. The other was a West Virginia suit for $10 million filed against McDonald’s for putting cheese on a hamburger.

Both lawsuits received national attention but would not have attracted any attention had the attorneys filing the cases not included large, unjustified financial demands. She says that the legislation would help ensure that the evidence in the case fully supports the damages being sought.

Some attorneys are abusing the practice for the sake of publicity or attention, which is harmful to the state through the public backlash.

There is a tragic story last week out of Virginia.  Apparently a 15 year old was riding his bicycle when a car approached him from the rear.

According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car.

According to accounts, the young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident.

The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.