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.

If your vacation plans this year include a cruise, remember that the chances of being a victim of a crime don’t disappear when you leave port. You may actually be more vulnerable.

Last year, almost 100 crimes were reported by cruise lines. Over two-thirds of those were sexual assaults. Of course, these could be just a small fraction of the real numbers.

An even more disturbing statistic is that one-third of assault victims are minors. That’s according to a 2013 congressional report.

One attorney whose clients are solely victims of cruise ship crimes backs up that statistic. He says that of the 100 sexual assault cases he’s had in more than two decades, about 35 of the victims have been children.

The attorney notes that people are particularly vulnerable to sexual assault aboard ships in part because there’s “no police authority that takes charge of these cases and the FBI is not interested in the problem. He says that “the FBI is not going to get on an airplane or boat and go out to a ship where a crime occurs on international waters.”

That’s if the crime is even reported to authorities. Sometimes the alleged perpetrators work on the ship. One case involved a security guard. One teen says she was molested by a trainer. Since private security companies are hired by cruise lines to protect their passengers, their employees may not be motivated to take action.

The attorney says that cruise lines and the agencies that work for them don’t do adequate, if any, background checks before hiring employees. He says it’s easy for people to obtain a certificate designating that they have no criminal record, whether they do or not.

Another problem with prosecuting these crimes is often lack of evidence. Preserving a crime scene on a ship miles out to sea can be difficult. Further, witnesses go back home after their cruise, which could be anywhere in the world.

If you or a loved one has been the victim of a sexual assault or other crime on a cruise ship, it’s essential to pursue the matter with the cruise line and all appropriate law enforcement agencies. If you believe the cruise line didn’t take proper security precautions or employees didn’t handle the matter as they should have, it’s wise to determine what legal action you can take to hold the company responsible.

Source: New York Daily News, “Sexual assault victims on cruise ships are often minors,” Megan Cerullo, June 30, 2017

As the holiday weekend nears, everyone needs to remember that they must keep their property in good shape so that guests aren’t injured. This includes all property owners from commercial property owners to homeowners.

When someone is injured on another person’s property, the injured person might opt to seek compensation for the injuries. This is something that can be unexpected, but it is often the only way for the injured person to avoid financial ruin that would be the result of the injury.

There are many different types of accidents that can occur on someone’s property. From a slip-and-fall accident to a falling object accident, all of these can cause harm to an innocent party.

We know that nobody is going out this weekend expecting to be injured while they are trying to celebrate the holiday. If this does happen, it can throw a wrench in the festivities.

It is important for a person who is injured on another person’s property to seek medical care for the injuries they suffered. Not only is this smart from a health standpoint, it is also a good idea if you think that you might seek compensation. The medical records can tie your injury to the accident. These records can also show the extent of your injuries, which can help with your claim.

We understand that this is all a lot to think about while you are trying to heal. Taking time to heal is important, but make sure that you take action quickly as you don’t want the statute of limitations to expire before you file your claim.

A judge has determined that a New Jersey woman who sued Wal-Mart after a metal rack fell on her can have her case re-heard. The woman, who was injured at a Turnersville Wal-Mart in 2010, lost in a jury trial against the retail giant.

The woman claimed that she was injured when a display of clothing, which an engineer testified weighed over 150 pounds, fell on her. She was taken to the hospital after the incident, complaining of pain in her arm. After am MRI, she was diagnosed with ulnar neuropathy. A spinal cord simulator was implanted in her several years later to relieve the pain she said she continued to experience. One of the doctors who testified on her behalf said that her injuries would likely cause her permanent pain.

During the original trial, attorneys for Wal-Mart argued that the woman’s symptoms resulted from “underlying physical and psychological conditions” or other injuries. The company’s medical expert testified that she was magnifying the extent of her symptoms.

The jury may have also been persuaded by the fact that she said she couldn’t recall whether her cart had struck the rack or what portion of her body was struck by it. Although two people were with her when the incident occurred, neither testified at the trial. No employees witnessed the incident.

The plaintiff and her attorneys objected to the doctor’s testimony that her account of the incident reflected “somatization,” or “a process where individuals describe experiencing symptoms of various types that are not accompanied by objective findings and interpretations.” They argued that this testimony by the doctor, whose specialty is neurology and not mental health, harmed her credibility and prevented her from getting a fair trial.

The appellate court ruled, “We conclude that the expert’s opinions on symptom magnification were improperly admitted and that plaintiff was sufficiently prejudiced by that ruling to be entitled to a new jury trial on all issues.”

Personal injury cases are often a battle between medical “experts.” However, if one of these “experts” testifies outside of his or her field of practice, it can be argued that the witness prejudiced the jury against the plaintiff and that, at the very least, that plaintiff should have another chance to seek justice.

Source: NJ.com, “New trial ordered for woman who claimed injury at Wal-Mart,” Matt Gray, April 18, 2017

If you have been the victim of a violent crime and/or a robbery, you may be able to hold the business where it happened liable. Owners of certain businesses, like bars, are responsible for hiring qualified bouncers or security guards to help protect their customers.

Property owners are also responsible for ensuring the safety of those who enter their buildings or even their parking lots. If a business becomes aware that its property is unsafe, such as if there have been assaults or break-ins to vehicles, it has a responsibility to upgrade its security.

On the other hand, security guards are limited in the actions that they can take if they remove a customer from the premises. They are not to use excessive force or injure them.

If you’ve been the victim of a crime because of inadequate security at an establishment or have been injured by a security professional, you have the right to hold the business liable so that you can seek compensation for your injuries and other damages.

At the Law Offices of Michael P. Burakoff, PA, we represent people who have suffered injuries due to lack of adequate security or security guards who acted inappropriately. This can include insufficient lighting, lack of security patrols and failure to provide video monitoring.

We provide free initial consultations, so if you believe that you may have a case against a business, a property owner and/or an individual, we can provide guidance. It never hurts to see what your legal options are. We invite you to find out more about our firm and our practice areas on our website.

Residents are hunkering down as winter storms bear down on New Jersey. The forecast is calling for arctic blasts and snowfall coupled with tropical storm-force winds. In the words of one forecaster, “A lot of winter [is] coming at you fast.”

With the entire state under a hazardous weather outlook issued by the National Weather Service, it’s a good time to review the liability of businesses and individuals regarding accidents on their premises.

Failing to maintain one’s premises in a safe manner that is free of hazards can open property owners and managers up to potential claims for damages and/or litigation. Commercial properties should follow risk management strategies to ensure the public’s safety.

But individual homeowners bear liabilities as well. Failing to clear your sidewalk of snow and ice can result in claims filed against their homeowner’s insurance policies, potentially driving up the cost of those policies. Frequent claims could even result in exclusions or dropped coverage.

Hazards can include, but are not limited to:

— Uneven surfaces

— Slippery surfaces

— Changes in surface elevation

— Holes

— Wet surfaces from bad drainage systems, weather and spills

— Poorly lit transitions on walkways

Property owners who fail to keep up with maintenance tasks like de-icing sidewalks and parking lots and shoveling snow from entrance ways can find themselves named as defendants in premises liability lawsuits filed by injured claimants.

If you were injured on another person’s property due to their negligence or failing to maintain their premises, you may not be responsible for paying all of those medical bills yourself.

Source: Travelers, “Premises Security and Liability,” accessed Dec. 16, 2016

If you overindulge at this year’s holiday party and wind up injured in an accident, is your employer who threw the party liable for your injuries?

It turns out that here in New Jersey they might. The state’s social host liability laws hold hosts liable for their guests’ injuries resulting from “negligent operation of a vehicle by a guest” if that guest is visibly intoxicated.

When work and play collide in a quasi-office setting, the area is a bit murky. Was the crew quaffing a few drinks around the water cooler on the last work day before the holidays, or was this a more organized, catered affair at a venue? That could be pertinent to any litigation, as an impromptu celebration may be perceived not to have management’s blessing.

The key factors here will be did those in charge of throwing the party, i.e., the employers, fail to act lawfully or reasonably, which then caused the employee to get hurt? Could they have taken further steps to protect this person from harm, such as stopping the flow of booze sooner, arranging for Uber or a taxi to take him or her home? All of these points can, and should, be addressed by the plaintiff’s attorney once litigation is initiated.

This holiday season, as always, it’s important to be responsible for your own alcohol consumption and remember to eat before and while drinking. But if you get hurt and believe that negligence on the part of your employer contributed to your injuries in a collision, you may wish to seek a legal remedy.

Source: Findlaw, “Injured at an Office Party: What Are Your Legal Options?,” accessed Nov. 04, 2016

If you are visiting a friend’s home, chances are you never think of the many ways that you could wind up injured on their property due to a hazardous condition. Yet these type of incidents happen quite frequently and make up a good portion of homeowner liability claims.

Below are some of the most common hazards you might face.

— Dog bites. According to the Insurance Information Institute, a nonprofit group, in 2012, the average dog-bite claim cost insurers $29,752. The American Insurance Association’s vice president of claims administration noted that insurance carriers often exclude certain breeds of dogs considered to be at high risk of biting, such as German Shepherds, Akitas and pit bulls.

— Accidents in the home. The vice president pointed out that even when people are not invited guests of the homeowners, e.g., salespeople going door-to-door, and they fall on a patch of ice and get a concussion because the homeowner didn’t shovel or salt the walkway, the homeowners can be held liable for their injuries.

The same is true inside of the home if a guest trips over a loose piece of carpeting that the resident didn’t reattach or tell them to beware of. Even tenants in rental properties can face liabilities for some of their guests’ injuries under some circumstances.

— Trees that fall down onto people or property. If you are visiting a friend and are parked under a tree on their property, and that tree topples over and smashes your car, you can pursue a claim against your friend’s homeowner’s insurance. Hopefully, you weren’t inside of the car when the tree fell, but if you were, your injuries would be covered in the claim as well.

To better understand your rights in a situation, it’s a good idea to seek professional legal advice.

Source: Netquote, “What are the 5 most common home insurance liability claims?,” Emmet Pierce, accessed Sep. 23, 2016

In the past, most stores had warehouses at separate locations. The workers in the warehouses, who were trained in how to safely work in such a space, would ship merchandise to a store as needed.

However, many retailers have found that it’s more cost effective for them to simply let the customers into the warehouse. They can store a lot more items in the space, they don’t have to ship everything over, and the costs fall. They can then pass these savings on to the customers, which makes these stores very popular. They’re cutting out a lot of levels in the traditional sales model.

Some experts warn that they could also be cutting out safety, though. Customers are not trained in how to safely use this type of space. With things piled 20 and 30 feet over customers’ heads, there’s a serious risk that something could fall. Many of these items, even the smaller ones, are stored in large crates, which can weigh hundreds of pounds.

The reality of the danger is easy to see. In a traditional store, one can of coffee may fall off of a shelf, for example. It’s only going to fall a few feet before hitting someone, and it doesn’t weigh much. In a big box store, though, the same problem could result in an entire crate of coffee falling a dozen feet and landing on a customer. The injuries sustained could be far greater.

There are still safety regulations in place, but a big box store is a place where customers have no training and there are far more people around than in a traditional warehouse, so the risks go up. If you’ve been injured in an accident in one of these stores in New Jersey, you may be able to get compensation.

Source: Covering Katy, “Look Out Below! Falling Merchandise a Hazard in Big Box Stores,” Scott Callahan, accessed July 01, 2016

New Jersey schools have a duty to keep the children who attend them safe from harm. Nevertheless, it is not uncommon for children to be injured at school and this is why numerous lawsuits have arisen related to the failure of schools to keep their students safe while they are on school property. A lot of these lawsuits utilize the legal theory known as “premises liability.”

Under premises liability theory, those who occupy and/or own land have a legal obligation to keep their premises safe for people who visit the property. More specifically, property owners and/or property managers are obligated to exercise a reasonable level of care to prevent accidents related to the premises from happening. That means walkways need to be free of obstacles, rickety stairs need to be fixed and other tripping hazards and dangers need to be resolved.

In the specific case of schools, property owners are under an even higher standard of care because schools have children present. Usually, the law requires people to be extra careful when children are present because children are less capable than adults when it comes to avoiding dangers and getting hurt. In addition to physical dangers related to the property, though, children may also be at risk of being bullied by other children, being harassed or falling ill. In these circumstances, the school employees must come to the aid of the child.

In situations where a school fails to come to a child’s aid to resolve problems related to bullying or illness, or in cases where a school fails to offer safe premises free of dangers, the school could be held liable if the failures result in a serious injury to a child. New Jersey parents of children who were hurt at school may therefore wish to discuss their child’s injuries with a qualified legal counselor to determine if a viable claim for damages can be made.

Source: FindLaw, “School Safety Legal Issues and Laws,” accessed June 03, 2016

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