Pain and Suffering Compensation Netcong, NJ

Denville NJ Pain and Suffering Compensation LawyersThe lives of accident victims and their families can be changed in an instant. For those who suffer serious injuries such as brain injuryspinal cord injurypermanent disability, or even wrongful death, it is possible to recover damages beyond mere reimbursement through a successful personal injury claim. Perhaps the most common and the most valuable form of compensation in personal injury cases is that of pain and suffering. Many victims are entitled to financial consideration to compensate for both the physical pain and the emotional suffering to which they were exposed as a result of an accident.

Today, our personal injury attorneys will be defining pain and suffering compensation for personal injury cases, discuss how it is calculated, and much more.

Denville, NJ Pain and Suffering Compensation Lawyers

Our Denville pain and suffering compensation lawyers understand that there are two types of damages awardable through personal injury claims: economic and non-economic. Simply put, victims are entitled to both straight one-to-one reimbursement for incurred expenses AND additional considerations which are meant to protect victims, punish wrongdoing entities, and compensate for the undue suffering of the victim and their families.

Economic or Compensatory damages may include:

  • Medical expenses such as doctor’s bills, ambulance fees, rehabilitation costs, hospital bills, and more
  • Lost wages for work that was missed in the past, present, and projected into the future
  • Property damage which was sustained as the result of the injurious accident

Non-Economic or Non-Compensatory damages may include:

  • Pain and suffering
  • Emotional Anguish
  • Wrongful Death
  • Loss of Companionship
  • Loss of Consortium
  • Punitive Damages

How is Pain and Suffering Calculated in Morris County?

As mentioned previously, pain and suffering compensation has the potential to make up the highest percentage of an overall personal injury settlement or verdict. That is due to the way damages are calculated in New Jersey. In the majority of cases, pain and suffering is determined using a calculation based on your incurred medical expenses. This can include all expenses which you have incurred or may incur in the future. At this point, it is a matter of your Morris County personal injury attorneys proving the severity of your injuries.

The amount by which your medical bills will be multiplied is heavily dependent on the severity of your injuries. For example, let us look at two scenarios where the same accident led to different injuries, and therefore a different pain and suffering settlement.

Susan and Janine are both injured in car accidents. They both have medical expenses in the amount of $10,000. Susan has suffered a sprained neck and several lacerations, which are expected to fully heal. Janine has suffered multiple fractures which has led to a permanent disability. In these cases, Susan’s medical bills may be multiplied by a smaller number between one (1) and three (3) whereas Janine’s bills will be multiplied by five (5), ten (10), or even more. Due to the nature of their injuries, Janine may be entitled to $100,000 in pain and suffering while Susan may only walk away with $10,000.

Injured in a Serious Accident? Contact a Morristown Personal Injury Attorney Today

At The Law Offices of Michael P. Burakoff, P.A.our legal team works with the families of accident victims, not just our clients. We believe that this dedication to the attorney-client relationship allows us to deliver more personalized and ultimately more high quality legal service for those who have been injured in serious accidents. Attorney Burakoff has decades of experience serving local Morris and Sussex County communities such as Hopatcong, Morristown, Newton, Netcong, Roxbury, Mt. Olive, Rockaway, and all of Northern New Jersey. Our attorneys have secured multiple million dollar settlements and verdicts for our local clients and we will work hard to make sure you and your family get the financial support you deserve.

For a free and confidential consultation regarding your accident, injuries, and personal injury claim, please contact us online or through our Morristown or Newton, NJ offices today by calling (973) 520-0525.

Bus Accident Results in Fatality and Injury in Mount Olive NJ

Wrongful Death Attorney Parsippany NJEarlier this month, a fatal accident occurred when a school bus allegedly attempted an illegal u-turn on Interstate 80 in Mount Olive, New Jersey.

The bus, driven by Paramus Board of Education employee Hudy Muldrow Sr., 77, was carrying 44 passengers as part of a school trip. Tragically, two of the passengers, teacher Jennifer Williamson, 51, and an unnamed student of ten years of age were killed as a result of the accident.

Muldrow is now facing two counts of vehicular homicide, also known as “death by auto”. While these charges will be decided on in criminal court, whether or not any kind of civil personal injury lawsuit will be filed is yet to be answered.

Wrongful Death Attorney Parsippany NJ

The first type of claim that might be filed in this case is that of a wrongful death claim. Wrongful death claims in New Jersey are filed with the purpose of seeking recovery for specific types of damages when a family member is killed by the reckless or negligent actions of another person or party(s).

Wrongful death damages include compensation potentially for:

  • The loss of the financial support the deceased provided to the family
  • The loss of the “companionship, consortium, guidance, and kinship” the deceased provided to the family
  • The loss of intangible benefits provided by the deceased to the family such as care=taking, home-making, child-raising, and more
  • Expenses related to any medical costs incurred before the deceased actually passed
  • Expenses resulting from a funeral and burial

However, unlike personal injury claims, wrongful death claims can not recover punitive damages or pain and suffering damages.

Of course, if you are considering filing a wrongful death claim on behalf of a deceased family member, it is highly recommended that you first consult with an experienced Parsippany wrongful death attorney so that you can better understand your rights and options, and navigate the entire claims process in an effective, informed, and ultimately successful manner.

Negligent Driving Injury Lawyer Netcong NJ

While this bus and truck accident did result in the tragic deaths of two different people, many others were also injured when the bus was struck from behind by a dump truck. Depending on the extent of the injuries suffered, these individuals may wish to consider filing a personal injury claim in order to recover compensation for their medical expenses, lost income if they are unable to work, and the physical and emotional pain and suffering they experienced due to the accident and resulting injuries.

However, as with any personal injury claim, some act or acts of recklessness or negligence must be proven in order to secure personal injury compensation. In this case, several key factors could potentially be considered negligence.

  1. According to reports, the bus driver missed his exit, and then attempted to correct for this by making an illegal U-turn through the mediation reserved only for emergency vehicles. If proven true, such an act of negligent driving could potential result in a successful personal injury claim against the driver and his insurance provider.
  2. Apparently, driver Muldrow has also received a total of 8 speeding tickets, and has had his license suspended 14 different times from 1975 to present. With this kind of driving record, a case could potentially be made that he was hired negligently by his employer. An experienced negligent driving injury attorney may be able to make the case that any entity who is employing individuals to drive others should never hire a person with such a driving record, and that doing so was an act of negligence in-and-of-itself.

Again, due to the stringent requirements for proving negligence, proving the full extent of the injuries and damages suffered, and ultimately recovering full and fair compensation in any personal injury case, retaining the counsel of an experienced injury lawyer is highly recommended any time you are seeking compensation for your injuries and accident-related damages.

Contact A Morristown Personal Injury Attorney Today

At The Law Offices of Michael P. Burakoff, we have extensive experience helping our clients and their families to recover full and fair compensation in wrongful death and personal injury claims of all kinds in towns across Morris County and Sussex County, including Parsippany, Netcong, Morristown, Newton, Dover, Mount Olive, Denville, Hopatcong, Morris Plains, Hanover, and the surrounding communities.

Attorney Michael Burakoff has a unique approach to personal injury law in that he strongly believes in not only keeping his clients highly informed throughout the process, but also involving their family as well. This is because he understands that any kind of serious injury will affect the whole family, and not just the injury victim themselves. By providing informative, inclusive, and highly effective legal counsel, Michael Burakoff aims to lessen the stress involved with the accident/recovery process, and ensure that your family’s future is protected and secure.

To speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any kind of accident you or a family member has suffered, your options for securing personal injury or wrongful death compensation, and how exactly we can help you and your family to do so, please contact us online, or through either our Morristown office or our Newton office at (973) 520-0525.

What Should I Do if I Have Been in a Car Accident?

Morris Plains Car Accident Injury AttorneyBeing involved in any kind of motor vehicle accident can be a traumatic experience, and sometimes life-changing. It can also be a little overwhelming as there will be a variety of concerned parties, including insurance companies, the police, eye-witnesses, medical and emergency response personnel, and potentially even a personal injury attorney.

With that being said, here are a few tips to help you safely and efficiently recover from any kind of motor vehicle accident, including a car accident, truck accident, motorcycle accident, or a bus or train accident.

“Ensure Your Safety, the Safety of Your Passengers, and the Safety of Other Involved Parties”

Morris Plains Car Accident Injury Attorney

The most important thing you can do anytime you are in a car accident is to first ensure your own safety, the safety of your passengers, and the safety of other involved parties. Depending on where your accident occurred, this may involve exiting your vehicle and getting out of harm’s way of fires or oncoming traffic. Or, if your accident occurred on a busy highway like I-80, it may be safer to remain in your vehicle rather than risking walking across the highway and oncoming traffic.

This can be a bit of a judgement call, and there may be scenarios where you are unable to move even if you felt like it was needed. The most important thing to remember is the time-proven idea of “safety-first”.

“Call Emergency Responders”

Parsippany Highway Accident Lawyer

Once you feel that you and your passengers are out of immediate danger, your next step should be to call emergency responders if they haven’t already been notified by dailing 911.

Emergency response will include ambulances and medical personnel, police to secure the scene of the accident and document what has happened, and potentially even the fire department if there is risk or evidence of a fire.

The sooner emergency responders are contacted, the sooner they can arrive to the scene of the car accident, and begin helping all involved parties.

“Record as Much Evidence as Possible”

Dover Motor Vehicle Injury Attorney

Even though it is the responsibility of responding law enforcement officers to document the scene of the accident and the given statements of involved parties and witnesses to the accident, if you are able to, it can go a long way to record certain pieces of information yourself.

This can include things like taking photos of the accident, getting the names and numbers of eye-witnesses, and generally recording any other information which may be relevant to your accident in terms of what happened, how did it happen, why did it happen, etc.

Again, while this is generally the responsibility of the police, the more information you have the better when it comes to working with insurance companies, and securing compensation for your accident, injuries, and damages, whether through a claim with your own insurance provider (a first-person claim) or a claim with the insurance provider of the responsible part (a third-party personal injury claim).

“Seek Medical Attention”

East Hanover Accident and Injury Lawyer

Seeking medical attention if you have been hurt in a car accident seems like an obvious next step. However, even if you just feel “shaken up” but ok, it is still critical that you seek medical attention as quickly as possible after your accident.

Some injuries take time to present themselves, for example brain injuries, spinal cord injuries, and internal injuries, and the longer you wait to visit a doctor, the worse these injuries can become.

In addition, the less time there is between your car accident and when you speak with a doctor and actually diagnose your injuries, the easier it will be to directly link those same injuries to your accident. If too much time transpires between the two events, insurance companies can argue that you were hurt in some other way, and that your injuries were not caused by your accident (meaning, they don’t have to pay for them).

Bottom line. if you were in an accident, go see a doctor ASAP.

“Speak with an Experienced Injury Attorney”

Morris County Personal Injury Attorney

Finally, if you have been involved in a car accident, trust that you WILL be hearing from your insurance company soon thereafter, and possibly the insurance company of other involved parties.

Insurance companies are for profit businesses, meaning their profits come before your own well-being. As helpful as they may seem, it is highly recommended that you speak with an experienced Morris County injury attorney before speaking with any insurance company.

By first speaking with an attorney, you can get a better sense of whether or not you may have a case for seeking injury compensation from other responsible parties, what you should and shouldn’t say to the insurance companies, and what your next steps are in the car accident injury process.

Contact a Morris County and Sussex County Car Accident Injury Lawyer Today

At The Law Offices of Michael P. Burakoff, we have extensive experience helping our clients and their families to recover full and fair car accident injury compensation in towns across New Jersey, Morris County, and Sussex County, including Dover, Netcong, Morris Plains, East Hanover, Hopatcong, Denville, Newton, Parsippany, Morristown, Florham Park, and more.

Attorney Michael Burakoff believes in working closely and attentively not only with his clients, but with their families as well. This is because he understands the extreme strain that a serious injury can place on any family, and the need to have all involved parties actually involved in the process.

To speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any kind of accident or motor vehicle accident, your options for recovering compensation for your injuries and damages, and how exactly we can help you to do so, please contact us online, or through either our Morristown office or our Newton office at (973) 520-0525.

How Does My NJ Car Insurance Policy Affect My Ability to Seek Injury Compensation in Morris County and Sussex County?

Car Accident Injury Lawyer Morris County NJWhen a driver is injured in a motor vehicle accident, the first place the injured driver will turn to for financial compensation is their own insurance company. However, especially for more serious injuries, that same insurance coverage may not be sufficient when it comes to paying for medical expenses and lost income if the injured driver cannot work.

In addition, pain and suffering damages (which usually represent the largest portion of a personal injury claim) are not awarded as part of first-person claims (claims filed by an injured party with their own insurance company).

So, if you have been injured while driving your car, you may not recover full compensation from your own insurance company for your car accident damages. However, you may also be limited from seeking compensation from other responsible parties depending on what type of insurance coverage you have purchased.

Here is what you need to know regarding NJ car insurance policies, and how they can impact your rights and ability to seek compensation from a third party when injured in a car accident in Morris County or Sussex County.

Parsippany Car Accident Injury Lawyer Discusses “Limited Right to Sue” Car Insurance

In New Jersey, there are two specific types of injury protection offered as part of your car insurance policy: “Limited Right to Sue” policies and “Unlimited Right to Sue” policies.

Limited Right to Sue policies tend to appear more attractive, as subscribers are offered a much lower insurance premium. However, the catch is that limited right so sue car insurance policies only allow injured drivers to file personal injury claims against other responsible drivers for very specific types of injuries, those being:

  • Loss of limb, Disfigurement, or Serious Scarring
  • Permanent Injuries
  • Bone fractures
  • Death of the driver (wrongful death)
  • Loss of fetus

Consider the following scenario: you are injured in a car accident caused by another drunk driver. You suffer serious injuries to your spine, but those same injuries are projected to heal in two year’s time. Your spinal cord injuries result in extremely high medical and rehabilitative costs, and prevent you from working for some time. However, since those same injuries are not technically “permanent”, and you have purchased a “limited right to sue” car insurance policy, you most likely would not be able to file a car accident injury claim against the negligent driver who caused your injuries.

So as attractive as the reduced premium of these limited right to sue policies can appear, they do come with extreme risk when it comes to your ability to seek injury compensation for car accident injuries.

Morristown Auto Accident Injury Attorney Discusses “Unlimited Right to Sue” Car Insurance

On the other hand, unlimited right to sue car insurance policies allow injured drivers to seek personal injury compensation from other responsible third parties for any type of injury.

Considering the many dangers New Jersey drivers face, including distracted drivers, drunk drivers, negligent drivers, truck accidents, motorcycle accidents, bus accidents, and more, having the flexibility to seek car accident injury compensation from other negligent drivers or parties for any type of injury is a much more attractive insurance policy option, despite its greater up-front cost.

Contact A Car Accident Injury Attorney with Offices in Morris County and Sussex County Today

At The Law Offices of Michael P. Burakoff, we have extensive experience recovering full and fair car accident injury compensation for our clients and their families in towns across Morris County and Sussex County, including Parsippany, Morristown, Netcong, Newton, Denville, Dover, Rockaway, East Hanover, Morris Plains, Florham Park, and more.

Attorney Michael Burakoff has the unique approach of working closely not only with his clients, but with their families as well. This is because he understands just how difficult a car accident injury can be, and the impacts it can have on a family’s financial and emotional stability.

To discuss your unique needs, situation, and options moving forward after any kind of car accident in a free and confidential consultation. with our legal team today, please contact us online, or through either our Morristown office or our Newton office at (973) 520-0525.

Truck drivers have to be properly certified and have special licenses to drive. This is done to ensure that they’re trained and safe on the highway.

However, some in the industry have noted that all they really need to do is learn enough to pass those tests. Furthermore, they say that training has to be completed, but there is no rule in place stipulating exactly how long a new trucker has to spend in his or her training sessions.

They say this creates an atmosphere where rushing through the training is something new drivers desire. When picking a course, they look for low prices and check into exactly how fast they can get done with the course and obtain a CDL. The amount of information that they need to be given is nearly overwhelming, but they’ll try to learn it all through long sessions, cramming it into as few days as they can.

The mindset makes some sense. These drivers just want to get certified so that they can get on the road and start earning. They’re not interested in spending money just to sit around and not bring in wages, costing them on two fronts.

However, is this really the safest and best way to train truckers? Should their goal be really learning the material and driving safely or getting a license quickly and for the lowest possible price?

Truck accidents happen consistently, and even a simple mistake on the road can leave other drivers and passengers with life-changing injuries. If you have been injured in a crash with a negligent, poorly-trained driver, it’s important to know about all of your legal options.

Source: Trucking Truth, “Episode 5: Why Is Truck Driver Training Done In Such A Rush?,” Brett Aquila, accessed April 19, 2017

Cars must pass certain safety protocols before going into production, but that doesn’t mean they all offer the same exactly level of safety to those inside. You can look at the fatality rates for various makes and models and see which ones are involved in the most deadly accidents, perhaps showing a link that makes you wary when it’s time to go buy a new car.

However, experts do warn that fatality rates don’t always tell the whole story and don’t always mean the car itself is the problem. There are just too many factors in play.

For example, the Nissan 350Z was compared to average sports cars, and it was found that the 350Z’s fatality rate was around twice that average. This suggests that the 350Z is terrifically unsafe, but is that true?

Not according to the Insurance Institute for Highway Safety (IIHS). The group’s communications director noted that the 350Z is often driven by young drivers. They are more likely to take risks behind the wheel and they have less experience. This is a group that, in any vehicle, tends to have high fatality rates. He didn’t blame the car for the inflated stats as much as he blamed the drivers who often bought that car.

He also noted that, when these drivers were in accidents, they tended to be serious crashes, not minor fender-benders.

This case just goes to show how many different factors can play into one statistic, and it’s important to really understand all of the things that contribute to car accidents. When another driver — perhaps one who is young and inexperienced — causes an accident, it’s also critical to know your potential rights to compensation.

Source: Forbes, “Top 20 Most Dangerous Vehicles,” Bengt Halvorson, accessed Feb. 24, 2017

For senior citizens, being able to drive means hanging on to their precious independence just a little bit longer. They don’t have to worry about becoming a burden on their adult children or on younger friends as long as they still have cars and valid drivers’ licenses.

But some seniors continue driving longer than is safe due to physical or mental limitations. It’s a difficult call to make, but nobody wants to be the cause of an accident that maims or kills an innocent person.

Below are some warning signs to look out for that signal it’s time to hang up the keys for good.

— Frequent near-misses or minor fender-benders.

— Being unable to find your way around on familiar roads.

— Noticing minor damage to the car or garage that you can’t recall occurring.

— Confusing the gas with the brake or having a slower response time to emergencies behind the wheel.– Becoming confused at traffic signals, reading road signs or interpreting pavement markings– Trouble concentrating behind the wheel; becoming easily distracted.– Difficulty merging with traffic at entrances and exits of interstates.

— Episodes of road rage or inspiring other drivers to honk horns or express frustration.– Racking up moving violations or warnings from police.– Struggling to turn around to see out the rear window when changing lanes or backing up.

If you are injured in an accident by an at-fault driver of any age, you have the right to file a claim for compensation for your injuries, damages and losses, including lost wages from time spent off of work due to the accident.

Source: AARP, “10 Signs That it’s Time to Limit or Stop Driving,” accessed Jan. 27, 2017

Two assemblymen from New Jersey recently proposed a bill that, if it passes, will be the most restrictive distracted driving law in the United States. The proposed bill will ban additional activities behind the wheel besides cellphone usage.

The terms of the bill would prohibit “any activity, not related to the operation of the vehicle, in a manner that interferes with the safe operation of the vehicle.” For instance, New Jersey drivers will no longer be able to enjoy a cup of coffee on their morning commute or nosh on a bagel.

Utah and Maine have passed similar statutes, but the penalties proposed by the New Jersey bill are far harsher and more expensive. Even first offenders would face fines of $200 to $400. Drivers who are convicted of drinking a second cup of coffee while driving could owe as much as $600, and the real scofflaws who chow down or slurp behind the wheel for a third offense could find themselves out as much as $800.

It’s not just the fines, either. Third and subsequent offenders could get three points against their New Jersey licenses and even face having their licenses suspended.

However, the Insurance Institute for Highway Safety opposes the proposed law. The organization’s spokesman stated, “Addressing distracted driving through new laws is not likely to be an effective approach to make roads safer.”

Certainly, distracted driving is to be avoided at all costs. Whether this bill is going too far in that direction remains to be seen at this time. Those who have been injured in accidents caused by distracted and negligent drivers have the right to pursue claims for damages through the New Jersey civil court system.

Source: Fortune, “This State Is Proposing the Harshest Distracted Driving Law in the Nation,” Michael Addady, accessed Sep. 09, 2016

The teen driver who was allegedly at fault in the fatal accident that killed the superintendent of the Robbinsville Schools and his dog on their early morning jog back in April will face criminal charges from the incident.

According to police authorities, the driver, who was a 17-year-old senior at Robbinsville High School at the time of the April 19 accident on Robbinsville-Edinburg Road, was charged with operating a motor vehicle recklessly, leaving an accident scene where there was a fatality and using a cellphone while driving.

In a recent announcement, the Mercer County prosecutor’s office accused the teen, who is now 18, with talking on her cellphone at or around the time she struck the superintendent and his dog. She then left the scene of the fatal accident, only calling 911 after she was some distance from the scene.

Allegedly, the teenager was rushing to catch the bus ferrying her and her classmates for a school-sponsored trip to New York City when she collided with the pedestrian, who along with his dog, died at the scene.

A spokesperson for the prosecutor’s office recently announced that both officers with the Robbinsville Police Department and the Serious Collision Response Team completed their joint comprehensive investigation into the fatal accident. The investigators reconstructed the collision, as well as reviewed physical evidence and witness statements.

The teen will be tried before a Superior Court judge at the Mercer County Family Court at an unscheduled future date.

Regardless of the outcome of criminal charges in this and other similar cases, survivors of those who are killed in accidents with at-fault drivers have the right to pursue justice in the civil courts as well.

Source: NJ.com, “Teen driver who struck schools chief charged with death by auto,” Kevin Shea, June 30, 2016

A lot of motorcycles on American roads these days are equipped with antilock braking systems, and for an excellent reason. Research into fatal motorcycle crashes, test track performance and insurance claims indicate that antilock brakes improve motorcycle performance and help prevent accidents.

The best benefit of antilock braking systems is the fact that they offer a 31 percent lower chance of death in a motorcycle crash. These statistics come from comparing the same model of motorcycles that are equipped with ABS with those that are not. Furthermore, evidence shows that motorcycles that have ABS are 20 percent less likely to file accident claims with their insurance companies. Meanwhile, if the ABS motorcycles have combined controls, they are 31 percent less likely to file an insurance claim.

According to test track information, motorcycles with ABS can stop faster with both experienced and new motorcyclists driving them. Furthermore, when it comes to both wet and dry surfaces, the stopping distances are shorter.

The fact is, stopping a motorcycle is not as easy as it is to stop a car. A lot of variables can come into play that result in rear wheel drift, wheels locking up, skidding and other loss of control problems. These issues could result in a serious or fatal crash. However, ABS systems have been shown to reduce the chances of such calamities.

Riding a motorcycle is dangerous. Furthermore, when you consider that a lot of car drivers are not very careful around motorcyclists, bikers need all the help they can get to avoid a crash. In the event that an accident and injuries do occur, however, and if it happens as the result of another driver’s negligence, it may be possible for the injured motorcyclist to pursue a personal injury action in civil court.

Source: Insurance Institute for Highway Safety, “Antilock braking systems make riding safer,” accessed April 08, 2016

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