Personal Injury

Seeking Compensation for Dangerous Drug Injuries

March 20, 2021 by Gregg Wisotsky, Esq. Leave a Comment

Dangerous Drug Side Effects May Entitle You to Compensation

By early December of 2020, the FDA had already matched its drug approval statistics from 2019. The upward trend in the number of drugs the FDA approves annually continues to raise concerns that faster approvals may lead to more dangerous drug injuries.

What Is a Dangerous Drug?

Medications undergo a detailed testing process before they may receive FDA approval for sale in the marketplace. While most medicines are helpful when administered for their intended uses, some drugs may actually cause injury or even death. It is not uncommon for a drug to have side effects. Therefore, drug manufacturers are generally not liable for injuries the manufacturer clearly lists as a potential side effect. However, there are scenarios in which drug manufacturers may be liable for a consumer’s injury, including:

If there is a defect in the drug’s manufacturing process.
If the drug causes dangerous side effects.
If the manufacturer markets the drug improperly in a way that causes injury.

Who May Be Liable for a Dangerous Drug Injury

Drug companies are naturally the most likely defendants in dangerous drug cases. However, other parties may also be liable in a dangerous drug lawsuit. Your Morristown personal injury attorney can help you identify potential defendants in your dangerous drug case. Other parties that may be liable generally participate in other parts of the supply chain and may include:

Testing laboratories
Sales professionals
Medical care providers
Hospitals or clinics
Pharmacies

Drug Manufacturing Defects

Manufacturing defects may potentially occur at multiple locations as a drug travels to the end-user. The manufacturer may make an error in producing the drug at its facility. If another party is responsible for packaging and labeling the medication, that party is liable if the error causes injury. A pharmacist who bottles and delivers a drug may be legally responsible if his or her process causes a defect in the product.

Your Morristown personal injury lawyer will investigate every stage in the supply chain to uncover potential contributors to a drug defect that causes injury. Injured patients are often unaware of their right to receive compensation for severe side effects that they experience. Therefore, it is important to call a dangerous drug lawyer as early as possible to determine whether the injured patient may have legal recourse.

Dangerous Side Effects vs. Common Side Effects

Sometimes, a beneficial drug may have side effects. Doctors and their patients ideally weigh the therapeutic benefits of a drug against potential side effects. Drug manufactures are required to list known side effects to enable medical care providers and their patients to know what to expect when considering a particular medication. Occasionally, a dangerous drug may cause a very severe, unexpected side effect that causes injury. Dangerous side effects are more severe than common side effects that typically pose relatively minor annoyances. Examples of severe, potentially unexpected side effects include:

Memory problems
Hallucinations
Increased risk of dementia
Confusion or delirium
Birth defects
Anaphylactic shock
Brain disorders
Nervous system disorders
Cardiovascular system disorders
Kidney disorder

Improper Marketing

Marketing a pharmaceutical drug includes providing instructions for correct use, issuing warnings, and making recommendations to help health care providers and patients administer and use the drug safely. A manufacturer that does not provide an adequate warning regarding side effects or sufficient instructions for safe use of the drug may be liable if the drug causes injury. A manufacturer, sales representative, pharmacist, or doctor who provides bad advice regarding the drug is also likely to be liable if the bad advice causes injury.

Seeking Compensation for Dangerous Drug Injuries

If you suspect you have been injured by a dangerous drug, contact a Morristown personal injury lawyer. Our attorney will evaluate the facts of your case and help you determine the next steps. A dangerous drug attorney will work diligently to protect your rights against large pharmaceutical and health care corporations. Call our Morristown, New Jersey, dangerous drug lawyer today at (973) 898-0161 to receive a free and confidential case evaluation.

COVID-19’s Impacts on Personal Injury Court Hearings

September 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How Personal Injury Dockets Are Faring During COVID-19

On August 27, 2020, New Jersey released a plan to reopen courtrooms for jury trials that had previously been off-limits during the pandemic. Reopening the courts for physical in-person proceedings is the first step toward clearing the backlog of civil cases. However, safely reopening is the priority at this point as opposed to moving to clear a backlog.

You Can Expect to Get a Hearing in the Future

New Jersey now has a plan to deal with the backlog of civil court cases that have piled up since the start of COVID-19. While it may not clear the backlog immediately, the state’s plan will at least get the wheels of justice moving again for both parties to a civil lawsuit. Now, at least personal injury plaintiffs can have the expectation that they will have their day in court in the future even if the rules still require social distancing.

Previously, it was unsafe to assemble the jury in one location out of fear of the pandemic. Now, subject to certain precautions, juries can assemble again to hear cases. This does not mean that a civil trial will be held in all courtrooms due to spatial constraints. Judges will be free to integrate video proceedings into their trial as they see fit with a recognition that the actual trial will be in-person.

The Judiciary Will Try to Return to Normal

The state now recognizes that it cannot indefinitely put a halt to trials because it will violate the legal rights of parties to a civil trial. With that in mind, they are making an effort to reopen courtrooms and begin to try to return to normal operations.

The first step to clearing some of the backlog is to get trials started again. However, this does not fully address the fact that there are cases that have piled up behind the court cases that had hearings canceled during the pandemic. The state is not even promising that jury trials can resume in a fully normal manner at any point in the future. Officials are just trying to get courthouses open as safely as they can right now. This is the first step.

Many Courtrooms Cannot Accommodate Socially Distanced Juries

Even with in-person jury trials, many courtrooms throughout New Jersey are not large enough to accommodate trials with social distancing. Counties are limited in the number of trials that they can hold because of spatial constraints. Counties are dealing with this by ensuring that the courtrooms are reserved solely for trials. They intend to try as many cases in these courtrooms as the schedule permits.

In order to bring jurors into the courtroom, the judiciary will try to do as much as possible outside of the courtroom to keep jurors as safe as possible. In order to test these procedures in civil trials, New Jersey courts will start with smaller and less complex trials. The hope is that the procedures will be effective and the state’s courts can switch to larger and more complex trials in short order.

The First Priority Is Getting Started Again

The state has still not indicated what it will do in order to clear some of the backlog it is facing. The first priority for the New Jersey Judiciary is to get the courtrooms open again as soon as possible. Then, the state might address how it would move to hear more cases. Right now, the state just wants to figure out how to safely hold in-person trials. Then, at a later stage, the court will try to figure out how to hear more cases. Thus, it is likely that the backlog will persist for quite some time. Your Morristown personal injury lawyer can advise you as to how this will impact your particular case, but you can anticipate that it will take much longer to get a trial date.

To learn more about how the judicial schedules will affect your personal injury claim, contact Morristown personal injury lawyer Gregg Wisostsky at (973) 898-0161 today.

Personal Injury Lawsuits Against Employers for COVID-19 Infections

August 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Suing Your Employer for Getting COVID-19 at Work

Even though the jobless rate in New Jersey has spiked to over 16%, there are still countless employees who have needed to show up in person to work during the COVID-19 crisis. Many of them have contracted the virus at work as their employers were lax about protecting them on the job. You may be wondering whether you can file a lawsuit against your employer instead of seeking workers’ compensation benefits.

Your Lawsuit Must Be About More Than Negligence

Like the response to many legal questions, the answer to the inquiry of whether you can sue your employer for not taking the proper COVID-19 precautions is complicated. Ultimately, it would depend on the level of blame that the employer bears for the fact that you contracted COVID-19 on the job. Nevertheless, you would need to go well beyond showing that your employer was negligent in failing to protect you.

In general, it is very difficult to file a personal injury lawsuit against your employer. This is because the workers’ compensation system gives them a certain level of protection from any lawsuit that an employee would file. If a worker is injured on the job, and getting coronavirus at work would count as an injury, their exclusive remedy is to file a workers’ compensation claim.

Try to Find Lawsuit Grounds

You cannot file a standard personal injury lawsuit on the theory that the employer was negligent in failing to protect you. While you can receive workers’ compensation benefits under those circumstances, you would likely get more in payment in a personal injury lawsuit. This is why some victims will want to find a reason to try to file a lawsuit instead of a workers’ compensation claim.

In New Jersey, there are some limited circumstances under which an employee can sue their employer. Instead of just showing negligence on the part of their employer, they would need to prove that their employer acted with gross negligence. This is a much higher standard that is not always easy for a plaintiff to meet.

The Employer Must Have Acted Deliberately

While negligence can cover omissions or carelessness, gross negligence requires that the employer acted with some sort of intention or deliberate conduct. In other words, your employer needs to know that their employees are facing risks and deliberately ignored these risks in failing to protect the employees.

This is not an impossible standard to meet when it comes to preventing COVID-19 outbreaks at work. While many employers have since cleaned up their act as more information about the pandemic has been released, there are countless stories from the earlier days when employers sent their workers on the job without any personal protective equipment. Moreover, some employers forced their employees to work close together when they knew that COVID-19 was a highly contagious disease. Some supervisors forced employees to come into work even when they were showing symptoms of being ill. Each of these may be considered as deliberate conduct if the case goes to trial.

Again, it is not easy to win a personal injury lawsuit against an employer no matter the circumstances. This is the reason why workers’ compensation exists. However, there have been cases in New Jersey where employees have been successful. For example, a New Jersey court allowed an injured employee to sue when their employer willfully ignored federal safety rules.

Of course, COVID-19 is an unprecedented situation, so it is too soon to tell how courts will treat the normal rules. A Morristown personal injury lawyer can advise you as to the possible merits of your case. You should be prepared for some uncertainty along the way as courts’ legal approaches to this issue are still unknown.

To learn more about whether your employer may be liable for your case of COVID-19 that you got on the job, contact the Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to schedule your free initial consultation. We have offices throughout New Jersey.

Can I File for Workers’ Compensation and Personal Injury Damages Simultaneously?

March 11, 2020 by Gregg Wisotsky, Esq Leave a Comment

Is Workers’ Compensation Your Exclusive Remedy for a Work-Related Injury?

When you are hurt on the job, you typically have the right to file a workers’ compensation claim to compensate you for your disability. Your employer may even tell you that it’s the “exclusive remedy” for your injury. That’s not necessarily true. There are instances where you can pursue personal injury damages in a civil suit and also collect workers’ compensation benefits for the same injury. Here’s how it works.

The workers’ compensation laws were enacted to simplify the process for both workers and employers in the event a worker is injured due to the carelessness or negligence of the employer or a co-worker. However, there often are multiple causes to an accident:

You may be injured because a tool, machine, piece of equipment, or other product was designed, manufactured, or marketed in a defective way.
While driving a motor vehicle for work purposes, you may be injured due to the carelessness or negligence of someone other than your employer or a co-worker.
You may be hurt because someone on an adjoining worksite was careless or negligent.

It’s important to understand that although you might be able to claim workers’ compensation benefits and recover civil damages for the same injury, you cannot be compensated twice for the same loss. For example, if your medical expenses are covered by workers’ compensation, you cannot recover damages for medical expenses in a civil suit. In other words, you can only recover damages in a civil suit for amounts not covered by workers’ compensation.

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.

Common Causes of Winter-related Personal Injury

December 5, 2019 by Gregg Wisotsky, Esq Leave a Comment

Accidents That Are More Common in Cold Weather

The winters in New Jersey present a wide range of conditions that contribute to personal injury:

Accumulation of snow and/or ice on sidewalks, steps, and other surfaces—Property owners in New Jersey must take reasonable steps to monitor property for accumulation of snow or ice and reasonably respond to the presence of dangerous conditions. While residential property owners generally don’t have an affirmative duty to clear sidewalks, steps, and similar places, they may be liable for taking action that makes a dangerous condition worse. Commercial property owners do have a duty to clear snow and ice off walkways, provided they knew or should have known it was there.
Motor vehicle accidents—Winter car crashes can result from various forms of negligence, from lack of visibility caused by failure to remove snow, ice, or frost from a car, to the failure to operate a vehicle at the appropriate speed for prevailing weather conditions. Unfortunately, due to the number of winter holidays, drunk-driving accidents also increase this time of year.
Injuries from outdoor or indoor fires—When it gets cold outside, there’s a natural impulse to crank up the heat inside. Doing so can remove much of the moisture inside and make your home a tinderbox. It’s no wonder that winter home fires account for about one-third of all fire deaths in the United States.
Space heater accidents—Apart from the obvious risk of a faulty space heater starting a fire, space heaters often contribute to carbon monoxide poisoning.

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

Slips-and-falls on Snowy or Icy Sidewalks in New Jersey

November 11, 2019 by Gregg Wisotsky, Esq Leave a Comment

The Duties of Owners and Managers of Property

Under the rules of premises liability, as set forth in New Jersey law, the owner of, or person with control over, real property must maintain the premises in a way that minimizes the likelihood of injury to visitors. That duty extends to sidewalks, steps, driveways, parking lots, and other thoroughfares. With winter just around the corner, it’s important to understand the responsibilities of property owners regarding the presence of snowy or icy conditions. What must be done to reduce the risk of injury due to accumulations of ice or snow?

Recovering Damages for a Slip, Trip or Fall Due to Winter Weather Conditions

To successfully pursue compensation after a fall on ice or snow in New Jersey, an injured person must prove that the property owner:

Was legally required under New Jersey law either to clear away the snow or ice or provide reasonable warning to visitors;
Had actual knowledge of the risk of injury posed by the accumulation of snow or ice, and failed to take any action; or
Reasonably should have known of the existence of the dangerous condition due to the accumulation of snow and ice but did not act.

The Duties of Commercial Property Owners

The owner or manager of commercial premises has an affirmative duty to remove ice and snow, provided there is either actual or “constructive” knowledge of the danger posed by the conditions. Constructive knowledge simply means that a reasonable person would have concluded that such a risk existed. In New Jersey, if the court determines that a reasonable person would have foreseen the danger, then actual or constructive knowledge is no longer required. For example, if a specific section of a sidewalk had previously been susceptible to accumulation of snow or ice, a business owner or property manager should reasonably expect (foresee) that it will happen again.

The Duties of Residential Property Owners

As a general rule, a residential property owner has no affirmative duty to remove snow or ice from sidewalks or other structures or warn visitors of potential dangers. In fact, a residential property owner can be liable for injuries only if he or she takes action to make the conditions worse.

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

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.

Car Accidents Caused by Poor Roadway Maintenance

September 23, 2019 by Gregg Wisotsky, Esq Leave a Comment

Seeking Compensation under the New Jersey Tort Claims Act

When you’re driving defensively, it’s not just other drivers that can pose a risk. Roadway hazards, such as potholes, loose gravel, uneven pavement or poor drainage, can lead to loss of control and cause an accident. A roadway may be poorly designed, with a blind corner or a tight curve without proper banking.

Typically, when you suffer an injury because of the negligence or carelessness of another person, it’s a pretty straightforward process to bring a personal injury lawsuit to recover damages. However, when the at-fault party is a state or municipal employee or agency, the process is much more complicated. In those instances, you will have to follow the process established by the New Jersey Tort Claims Act.

Poorly Maintained Roads

Inadequate road maintenance is a fairly common cause of motor vehicle accidents. Some examples of the failure to keep roads in proper condition include:

Gravel or oil on the road
Potholes
Construction debris or equipment on the road, including cones, dirt piles and machines
Branches, trees or other foliage on the road
Malfunctioning or defective street signs or lights

Filing a Claim under the New Jersey Tort Claims Act

The New Jersey Tort Claims Act preserves a legal concept known as “sovereign immunity.” Under that legal principle, a governmental body is generally exempt from legal action. There are, however, some exceptions, which give private citizens the right to file a claim against the government. Public entities are responsible for injuries caused by a municipal employee if “within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.” That allows a private citizen to file a claim for losses suffered:

In a motor vehicle accident caused by a government employee who was on the job at the time of the crash
As a result of a dangerous property condition on state or municipal property, provided that appropriate government official were notified of the condition and did not remedy it

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

The New Jersey Tort Claims Act—The Basics

September 10, 2019 by Gregg Wisotsky, Esq Leave a Comment

Your Right to File a Personal Injury Claim against the Government

In most instances, when you have been hurt in an accident because of the wrongful conduct of another party, it’s a relatively uncomplicated process to initiate and pursue legal action to recover damages. When the at-fault party is a government employee or agency, though, things are often not so simple.

In New Jersey, to bring legal action against the state or a local governmental worker or entity, you must follow the specific requirements of the New Jersey Tort Claims Act (NJTCA). When you file a claim under the NJTCA, you need to include the following information:

Your name and address
The date, location and any "other circumstances of the occurrence" that gave rise to the claim
A general description of your losses, injuries and property damage
The name(s) of the municipal or state employees who caused the loss or injury
A statement of the amount of your losses

Note that you can recover compensation for pain and suffering, but you must show a “permanent loss of bodily function” or permanent dismemberment or disfigurement, with a minimum of $3,600 in medical expenses. It’s also important to understand that any damages covered by insurance will not be available in a claim under the NJTCA.

Unlike other types of personal injury claims, an action under the NJTCA must be filed within 90 days of the date of the accident. The state may then take up to 90 days to respond to your claim. A court may, upon request, grant an extension of the time to file for up to 12 months.

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

The Types of Injuries Commonly Suffered in Rear-End Collisions

August 24, 2019 by Gregg Wisotsky, Esq Leave a Comment

What You Can Expect When Hit from Behind

According to the National Highway Traffic Safety Administration (NHTSA), about four of every ten motor vehicle accident in the United States are rear-end collisions. The causes are many, from distracted driving to excessive speed, tailgating and failure to consider adverse weather conditions.

The Types of Injuries Frequently Associated with Rear-End Collisions

In nearly every rear-end collision, one or more of the passengers in the front car sustain a whiplash injury. Whiplash involves a violent snapping back and forth of your head (much like the action of a whip), pushing your head and neck beyond your normal range of motion. You can expect strains, sprains and muscle pulls in your neck and may also incur damage to your discs. Your discs provide a cushion between the vertebrae that compose your spinal column and that carry many of the nerve bundles that affect your motor skills. Discs may be herniated or ruptured, impinging on nerves and causing pain, inflammation and stiffness. You can also suffer damage to other connective tissue, such as ligaments and tendons, as a result of whiplash.

Because they tend to happen at relatively slow speeds, rear-end crashes don’t typical trigger the deployment of an airbag. That usually requires that the vehicle be traveling about 20 mile per hour or more. Nonetheless, the impact may be sufficient to slam your head or face into the steering wheel, the dashboard or the windshield. If the airbag does deploy, though, you can sustain fairly serious injury.

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

When You Have Been Injured by a Drunk Driver

August 12, 2019 by Gregg Wisotsky, Esq Leave a Comment

Seeking Compensation for Your Losses

In the aftermath of a motor vehicle accident, recovering full and fair compensation for all your losses can be challenging, particularly if the at-fault driver was impaired or under the influence of alcohol at the time of the crash. The reality is that many drunk drivers are repeat offenders. As such, they may be underinsured or even driving without insurance. What are your options when you can’t pursue adequate damages from the at-fault party?

File an Uninsured or Underinsured Motorists Claim

In New Jersey, by law, all drivers are required to have a minimum amount of UM/UIM (uninsured/underinsured) coverage. If you’ve been injured in a car accident and the other driver either has no insurance or only has coverage for property damage, ask your insurance provider to file an uninsured/underinsured claim on your behalf. In most instances, you’ll want representation from an experienced attorney. Remember, your insurance company is still a for-profit entity, with an incentive to pay as little as possible to settle your claim.

Take Legal Action against Other Potentially Responsible Parties

In a personal injury lawsuit, you can seek damages from anyone who failed to act reasonably and who caused your injury, in part or in whole. That can often involve potential liability on behalf of parties other than the at-fault driver:

The person or establishment serving the alcohol — When your injuries are caused by a drunk driver, you may have legal action against the person or business that served or sold the alcohol. Typically, you must show that the at-fault driver was visibly intoxicated when served or was served a quantity that would reasonably lead to impairment.
The party responsible for maintaining the roadways — If the accident was caused by a condition or defect in the road—loose gravel, potholes, uneven surfaces or water/ice on the road—you may have an action against the municipality that should have maintained it.
A product liability claim for a defective component or design — If your accident was caused by the malfunction or breakdown of a vehicle of part, you may be able to recover damages against the designer, manufacturer, distributor or retailer.

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Dangerous Drug Side Effects May Entitle You to Compensation

What Is a Dangerous Drug?

Who May Be Liable for a Dangerous Drug Injury

Drug Manufacturing Defects

Dangerous Side Effects vs. Common Side Effects

Improper Marketing

Seeking Compensation for Dangerous Drug Injuries

How Personal Injury Dockets Are Faring During COVID-19

You Can Expect to Get a Hearing in the Future

The Judiciary Will Try to Return to Normal

Many Courtrooms Cannot Accommodate Socially Distanced Juries

The First Priority Is Getting Started Again

Suing Your Employer for Getting COVID-19 at Work

Your Lawsuit Must Be About More Than Negligence

Try to Find Lawsuit Grounds

The Employer Must Have Acted Deliberately

Is Workers’ Compensation Your Exclusive Remedy for a Work-Related Injury?

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

Accidents That Are More Common in Cold Weather

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

The Duties of Owners and Managers of Property

Recovering Damages for a Slip, Trip or Fall Due to Winter Weather Conditions

The Duties of Commercial Property Owners

The Duties of Residential Property Owners

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

Seeking Compensation under the New Jersey Tort Claims Act

Poorly Maintained Roads

Filing a Claim under the New Jersey Tort Claims Act

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

Your Right to File a Personal Injury Claim against the Government

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

What You Can Expect When Hit from Behind

The Types of Injuries Frequently Associated with Rear-End Collisions

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

Seeking Compensation for Your Losses

File an Uninsured or Underinsured Motorists Claim

Take Legal Action against Other Potentially Responsible Parties

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

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