On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Mar 30, 2020 | Personal Injury
If you sustain an injury in an accident that a negligent party causes, you may file a personal injury lawsuit for damages. When you file a personal injury claim, you typically file for compensatory damages. Compensatory damages are those designed to compensate you for actual injury and loss you sustained as a result of the defendant’s misconduct. In contrast, punitive damages are those the court awards as a means of punishing the wrongdoer and to deter the wrongdoer from engaging in similar actions in the future. In your pursuit of compensation, you may wonder if New Jersey allows you to recover punitive damages. The answer depends on the circumstances surrounding the accident.
The courts allow punitive damages in exceptional cases
Per the New Jersey Courts, the state does not award punitive damages as a matter of routine. Rather, the courts will only seriously consider punitive damages in exceptional cases in which the defendant acted in an especially outrageous or reckless manner.
If you hope to recover punitive damages, you must file a separate claim for them, and you may only file such a claim if you recovered compensatory damages. To support your claim for punitive damages, you must show, through clear and convincing evidence, that the loss, injury or harm you suffered was the result of the defendant’s acts or omissions. Furthermore, you must show that the defendant’s conduct was malicious in nature, or that he or she acted in a willful and wanton manner.
The law further clarifies what constitutes as “malicious” or “wanton and willful.” Malicious conduct refers to intentional wrongdoing that stems from an evil-minded motivation. Wanton and willful behavior is behavior in which the defendant engaged despite knowing that said behavior was likely to result in the harm of another person.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Mar 12, 2020 | Personal Injury
You get auto insurance to cover you for a car accident and homeowner’s insurance to protect your home, but what about your bicycle? Do insurance companies offer bicycle insurance? This may be an important thing if you ride your bike a lot and face the potential of an accident or other issue with your bike.
According to Progressive, you usually do not need an insurance policy specifically for your bicycle because your other insurance policies will typically cover any needs you have. As long as you have auto insurance and either renter’s or homeowner’s insurance, you should have coverage for a variety of issues you have with your bicycle.
Coverage
In the event you have an accident on your bicycle, you can usually make a claim to your renter’s or homeowner’s insurance and get money to fix any damage to your bike. If you cause an injury accident, these policies may also payout on any claims against you.
When your accident involves a vehicle and injuries to you, your auto insurance will usually pay for some medical care. It may also pay for lost wages. If the other driver has no insurance, you may also get paid on a claim if you carry uninsured motorist coverage.
If you damage your bike in some way other than an accident situation, then your renter’s or homeowner’s insurance will likely cover the damage.
One note
You should note that some companies may make you specify that you want coverage for your bicycle. Policies may also have exclusions for bicycles. It is imperative to know what your policy says and covers to avoid not having coverage when you need it.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Mar 9, 2020 | Firm News
Workers on construction sites face the highest risk of accidents causing life-altering injuries. Whether counting incidents in the roofing, demolition or extraction industries, statistics show that accidents in construction have increased.
Serious workplace injuries have become more predominant since the rise of the gig economy. Companies hiring temporary or “gig” workers may forgo providing adequate training. This is a dangerous omission that can place inexperienced workers in hazardous situations.
Employers may expect gig workers to have had past experience and training before hiring them, but may not always take steps to be certain. In cases where a gig worker fully understands how to perform a job safely, however, it does not absolve a company of its responsibility to provide the required safety equipment.
The highest volume of serious injuries take place on construction sites
According to the Bureau of Labor Statistics, construction site accidents accounted for the highest volume of incidents resulting in serious injuries outside of the service industries. During 2018, at least 22,000 accidents resulted in construction workers sustaining injuries because of a fall, slip or trip. The number of incidents of falls from a high to lower level reached 11,960. Weak scaffolding and an open surface reportedly caused the most serious injuries related to falls.
As reported by CNBC, vehicles caused the most catastrophic injuries to workers on construction sites. Without adequate training, an inexperienced worker operating heavy equipment may strike other vehicles or construction site workers. Whatever the cause, a worker suffering an injury should seek immediate medical attention regardless of whether he or she is working under the terms of a temporary gig arrangement.
Recovery may require legal action
By law, a Garden State employer must provide its construction sites with the proper harnesses, ladders and properly maintained safety gear. If a worker suffers from an injury while on the job, he or she may file a claim against a company that has failed to comply with safety regulations. A legal action may provide compensation for medical treatment, rehabilitation and loss of wages.
On behalf of Rosenberg, Kirby, Cahill, Stankowitz & Richardson | Mar 3, 2020 | Personal Injury
In the aftermath of a dog bite, you may feel frightened or disoriented. However, it is important to take care of your injury as soon as possible. There are a few things you should do right after the bite occurs.
After a dog bite, it is important to get away from the animal. Healthline says that once you are not near the dog, you can assess the severity of your injury. If an injury is not serious, you may sometimes be able to care for it at home. You should typically use soap and water to wash the bite. Sometimes a dog bite breaks the skin and in this situation, you may want to put some pressure on the bite so it bleeds a bit. This is because a bit of bleeding can help remove germs from the wound. Once you clean the wound, it is a good idea to cover it with a bandage.
Sometimes you may think that if a dog bite does not look serious, you do not need to worry about it. However, it is important to remember that dogs typically have bacteria in their mouths. These bacteria might cause an infection. Because of this, it is a good idea to keep an eye on the wound as it heals. You should usually look at it every day to make sure the bite spot does not get swollen or turn red. Additionally, the wound should not become tender. If you notice these developments, it is a good idea to go to the doctor.
Sometimes you may need to seek medical care immediately after the bite. You should generally go to the doctor if you can see muscle, tendons or bone. If the wound is very painful or will not stop bleeding, it is also a good idea to get treatment. Sometimes the dog that bit you may look sick or behave oddly. In this situation, it is important to seek medical attention.
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