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What You Can Expect to Recover in a Wrongful Death Lawsuit

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The Different Types of Damages Available

wrongfull deathWhen your loved one dies because of the wrongful actions of another person, you have a right to seek monetary compensation for your losses. Though no amount of money will make you whole again, you have a right to hold the wrongdoer accountable for the ways the death has negatively changed your life. As a practical matter, the lawsuit will most likely be based on a legal theory of negligence, so you’ll have to show that the at-fault party failed to act as a reasonable person would, and that the failure to do so caused the accident which took the life of your loved one.

Once you have established the breach of the duty and causation, you can seek compensation for:

  • The loss of financial support you would have received from the deceased. The amount of damages will be calculated based on the support you would have received, assuming an average life expectancy for the decedent.
  • The loss of companionship, consortium, comfort, care and guidance you would have received from the deceased.
  • The value of any services the decedent would have provided in the home, including cooking, cleaning, childcare, yard and lawn services.
  • All reasonable medical expenses incurred by the deceased as a result of the accident
  • All reasonable funeral and burial expenses incurred

New Jersey does not allow survivors to seek compensation for emotional loss or distress in a wrongful death lawsuit. Survivors may, however, file a separate lawsuit for negligent infliction of emotional distress. Punitive damages are not available in wrongful death actions in New Jersey.

Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

The Time Limit for Filing a Personal Injury Lawsuit in New Jersey

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Understanding the Statute of Limitations

Filing a Personal Injury Lawsuit In New Jersey, as in all states, when you have a legal claim against another person, whether it’s based on a personal injury, breach of contract or other legal wrong, you must generally file a lawsuit within a specific period of time. The time period varies, based on the type of legal claim. The time frames are found in a written law, known as the “statute of limitations.” Typically, if you wait until the statute of limitations has expired to bring a lawsuit, the defendant (person being sued) will likely file a motion to dismiss. It is possible, but extremely difficult, to have your claim reinstated after the statute of limitations has run out.

There are good reasons why the statute of limitations exists. The longer a plaintiff (person bringing a civil suit) waits to file legal action, the greater the risk that:

  • Witnesses will move, die or forget what they saw or heard
  • Evidence will be lost, destroyed or compromised

In addition, it is generally considered unfair to make a defendant live in perpetual fear of a potential lawsuit.

In New Jersey, the statute of limitations with respect to personal injury lawsuits requires that a complaint be filed within two years of the accident that caused the injury. If a person dies as a result of an accident, though, the clock does not start running on the statute of limitation until the date of death.

Under New Jersey’s “discovery rule,” the time period for the statute of limitations will typically not start until the injured person becomes aware or reasonably should have known of an injury.

Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Your Rights under the New Jersey Product Liability Act

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Dangerous and Defective Product Injury Claims in New Jersey

product liability actIn an earlier blog, we looked at the different legal theories upon which a dangerous or defective product claim can be based. In New Jersey, all potential product liability claims are covered by a state statute, the New Jersey Product Liability Act (NJPLA). Under the NJPLA, a strict liability approach applies to all such claims.

What is Strict Liability?

The legal concept of strict liability essentially does away with the requirement to prove negligence on the part of a defendant. In a negligence scheme, you must demonstrate that the alleged wrongdoer breached the publicly accepted standard of care—failed to act as the jury perceived a reasonable person would. You must also show that the breach of duty caused an accident, and that the accident resulted in actual loss.

In a strict liability claim involving a consumer product, you need only demonstrate that the product was not reasonably safe for its intended purpose. That can be done in one or more of three ways. You can show that:

  • the product had some form of manufacturing defect which resulted in injury
  • the product had some type of design flaw that caused the injury
  • the product did not have appropriate warnings or instructions, leading to injury (also known as the “failure to warn” claim)

To properly demonstrate a manufacturing defect, you must prove that the product failed to meet the manufacturer’s design specifications or deviated from the specifications of supposedly identical units.

To meet the test for allegations of a design flaw, you must demonstrate that the any risks associated with the design outweighed the usefulness, or that the item could have been designed differently to minimize or eliminate the risk of harm without significantly affecting its utility.

To prove a failure-to-warn claim, you must show that the goods failed to include warnings or instructions that a “reasonably prudent” person would have provided or expected in a similar situation.

Contact Gregg A. Wisotsky, Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

The Different Legal Theories in Product Liability Claims

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product liability claimsWhen you purchase consumer goods, you expect that the designers, manufacturers and distributors of the product have taken your safety into consideration. Unfortunately, that’s not always the case. There’s a lot of pressure to be the first to bring a new product to the market and that often results in short cuts, including the failure to properly test the goods.

When you have been hurt because of the malfunction of or your exposure to a dangerous or defective product, there are a number of legal theories upon which you can bring a claim:

  • Negligence—Most personal injury claims are based on allegations of negligence. To prove negligence, you must show that the at-fault party breached the duty of care (did not act as a reasonable person would), the breach caused an accident, and you suffered actual loss because of the accident.
  • Misrepresentation—There are two types of misrepresentation (also known as fraud): criminal fraud and tortious fraud. A product liability claim may be based on a theory of tortious misrepresentation. That typically involves false or misleading information on or related to the product. For example, a manufacturer or distributor may intentionally or carelessly make representations about the use of the product that are not true. If, upon reliance on those false statements, you suffer injury, you may have a claim for tortious misrepresentation.
  • Breach of warranty—The manufacturer may make express warranties about the quality of the product. In addition, there are certain implied warranties relating to products, including an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose
  • Strict liability—Under a theory of strict liability, there’s no need to demonstrate negligence or carelessness by the designer, manufacturer or distributor of a product. Strict liability is typically imposed by statute.

In New Jersey, all potential product liability claims are covered by the New Jersey Product Liability Act.

Contact Attorney Gregg A. Wisotsky—Partner at Javerbaum, Wurgaft Hicks Kahn Wikstrom & Sinins, PC

I offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact my office online or call me at 973-241-7468. I will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

New Jersey’s Marijuana Laws—Part Two

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Sale and Trafficking | Possession of Drug Paraphernalia

Jersey's-Marijuana-Laws-part-oneAs a general rule, though New Jersey does allow for medical use of marijuana, the state takes a serious approach to the possession, cultivation, and trafficking of the drug. In Part One of this series, we looked at how New Jersey treats possession and cultivation of marijuana. In this blog, we look at the penalties for sale or trafficking, as well as possession of drug paraphernalia.

Sale and Trafficking of Marijuana in New Jersey

As we indicated in Part One of this series, New Jersey identifies all marijuana crimes as Schedule I offenses, considered the most serious drug crimes. The penalties for sale or trafficking are based primarily on the amount sold (you can also be charged with possessing a quantity of marijuana with the intent to sell).

  • Less than 1 ounce—Selling less than 1 ounce carries a potential prison sentence of 18 months, as well as a fine of up to $25,000
  • Less than 5 pounds—If you are caught trafficking more than 1 ounce but less than 5 pounds, you can face 3-5 years in prison and a $25,000 fine
  • Less than 25 pounds—For a conviction for selling more than 5 pounds but less than 25 pounds, you can be sentenced to 5-10 years in prison and up to $150,000 in fines
  • More than 25 pounds—If convicted, you face between 10 and 20 years in prison and up to $300,000 in fines

Certain characteristics of the offense can add to the penalties, including trafficking in a school zone, public park, or public housing or selling to a minor or pregnant woman.

Possession of Drug Paraphernalia

New Jersey also penalizes possession of certain items used in the growing, harvesting, processing, selling, storing, or use of marijuana. Objects that may constitute drug paraphernalia include pipes, bongs, roach clips, spoons, cigarette papers, and chillums (cone-shaped pipes). Possession of drug paraphernalia is punishable by incarceration for up to 6 months, a $1,000 fine, or both.

Contact Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

New Jersey’s Marijuana Laws—Part One

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Jersey's-Marijuana-Laws-part-twoUnder New Jersey’s criminal code, an illegal or contraband drug is referred to as “controlled dangerous substance,” or CDS. New Jersey law classifies controlled dangerous substances into five categories, based on potential for abuse and recognized medical value. Possession of marijuana is a Schedule I offense (the most serious crime), as it is considered to have a high risk of abuse with no perceived medical value. The state does, however, allow marijuana to be used for limited medical purposes.

Possession of Marijuana in New Jersey

There are generally two factors that determine the type of offense and severity of the penalty when you are convicted of possession of marijuana in New Jersey—the amount in possession and the number of convictions. If you are convicted of having less than 50 grams, you can be sentenced to 6 months in jail, a $1,000 fine, or both. For 50 grams or more, then sentence increases substantially—up to 18 months in prison and a possible fine of $25,000. If the offense occurred within 1,000 feet of a school, public park, or public housing, a 100-hour community service requirement will typically be ordered. For all repeat offenses, the sanctions listed above can be doubled.

Growing Marijuana in New Jersey

The penalties for cultivation of cannabis in New Jersey vary, based on the number of plants. For less than 10 plants, you can be sentenced to 3-5 years in prison and a $25,000 fine. For 10-49 plants, the penalty is 5-10 years and a fine of up to $150,000. If you are convicted of having more than 50 plants, you can spend 10-20 years in prison and be fined up to $300,000.

Contact Attorney Gregg A. Wisotsky, Esq, Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Your Options When Your Workers’ Compensation Claim is Denied

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Appealing a Workers’ Compensation Denial in New Jersey

Your Options When Your Workers' Compensation Claim is DeniedIn the aftermath of a work-related injury, you have the right to pursue benefits through the New Jersey workers’ compensation system. Don’t be surprised, though, if your claim is initially denied—it happens far more often than you might believe, even when the facts of your case seem uncomplicated. But you are not without options when your application for benefits has been rejected—there are means of appealing that decision.

In New Jersey, you can contest the denial of a workers’ compensation claim in two different ways—through an informal process and through a formal process.

When you opt for the informal review, things will typically move more quickly, but you customarily won’t be able to bring witnesses to the hearing. To follow this process, you must first prepare and file an “Application for Informal Hearing” with the New Jersey Division of Workers’ Compensation. A judge will be assigned to your case and you’ll receive notice of the date and time of your hearing. The actual hearing will typically involve you, the judge and a representative of your employer. The judge will make recommendations as to how the case should be resolved, but you don’t have to follow those recommendations.

The formal process can look somewhat similar—you’ll submit a claim petition and receive notice of the time, date and location of your hearing. With the formal process, you may have to wait 6 months for a hearing, whereas it may be just a few weeks for an informal hearing. In addition, the hearing will more closely resemble a trial, with the parties calling witnesses and introducing evidence. The judge will render a decision, which can come weeks or months later.

Whether you choose the formal or the informal process, you can always appeal the outcome to the state courts in New Jersey—your initial appeal will go to the Appellate Division of the Superior Court.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Can You Get Your Job Back after Filing a Workers’ Compensation Claim?

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Does Your Employer Have to Give You Your Job Back?

Can You Get Your Job Back after Filing a Workers' Compensation ClaimYou may have suffered an injury on the job but find yourself worried about filing a workers’ compensation claim. What happens if you are out from work for months? Your employer may need to hire someone to fill in while you are gone. Will you be able to go back to your old job when you are ready to return to work? What if your employer disputes your claim, but you are granted benefits by the Workers’ Compensation Board? Can you be fired for filing a valid workers’ compensation claim?

The good news—under New Jersey law, you cannot be terminated solely in retaliation for collecting workers’ compensation benefits. That being said, it can be extremely difficult to prove that you’ve been fired for one reason or another. One of the reasons behind that—New Jersey is what is known as an “at-will” employment state. That means that either an employer or an employee may end the relationship at any time and for any reason, provided it is not contrary to the terms of an employment contract or to law or public policy. An employer can argue that a downturn in the economy or other reasons led to the layoff.

Apart from that limitation, there is nothing in the New Jersey workers’ compensation laws that makes it mandatory that an employer hold a job for an employee who has filed a valid workers’ compensation claim. There are, nonetheless, other ways that you may be able to keep your job:

  • If you anticipate being off work for less than 13 weeks, you can submit a request for unpaid leave under the Family and Medical Leave Act (FMLA). This federal law allows you to take time off for certain reasons, with the guarantee that your job will still be there when you return.
  • You may have a provision in a union contract or collective bargaining agreement that protects your job.

Contact Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Happy Thanksgiving

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We set aside one day every year to give thanks, but here at Law Offices of Gregg A. Wisotsky, we are thankful throughout the year for the relationships that we have built with our clients. We value your trust and your confidence, and we are committed to helping you achieve your goals.

We hope that this holiday gives you a chance to reflect on treasured memories and cherished relationships. Happy Thanksgiving!

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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