How Long After a Car Accident Can You File a Claim for Injury in NJ?

If you’ve been injured in a car accident, NJ law gives you two years from the date of the accident to file a personal injury lawsuit. However, there are cases where this deadline may be shorter or longer. For example, you only have 90 days to file a Notice of Claim if a public entity – such as a city, county, state, police, fire department, sanitation board, or education worker – is at fault.

For the timeline to file an insurance claim, contact your insurance company as soon as possible. The rules of your specific policy will determine how fast you need to act.

How Long Does a Car Accident Settlement Take?

The timeline for every car accident case will differ depending on the specific circumstances. However, most personal injury claims in New Jersey can take anywhere from six months to two years to settle. Some cases may take more or less time based on factors such as:

• The severity of your injuries
• The number of at-fault parties
• Disagreement on the cause of the accident
• Whether your case goes to trial
• The insurance companies involved

An experienced car accident attorney can review your case and give you an idea of how long your claim may take to settle.

How To Get a Police Report for a Car Accident in New Jersey

You must file an accident report with the police within 10 days of an accident if it causes injury, death, or more than $500 in property damage. If you don’t file a police report in time, you can be fined up to $100. Your license may also be suspended or revoked.

After the police report has been completed and approved, you can request a copy in person, online, or by mail.

Can You File a Car Accident Claim Without a Police Report?

Some minor insurance claims may be filed without a police report. However, NJ law requires you to file an accident report with the police for all incidents with personal injury, death, or property damage over $500. Police reports can be crucial to defending your claim.

Should I Get an Attorney After a New Jersey Car Accident?

Contacting an attorney is the smart decision whenever you are involved in a car accident, whether the crash was a fender bender or resulted in significant injury. Insurance companies will scrutinize everything you say and do to find a reason to deny you coverage. Additionally, you may not realize the complete value of your claim. A skilled personal injury attorney has the experience to be sure all your losses are taken into account.

After an accident, your focus should be on healing from your injuries and getting back to your routine. Hiring the right attorney takes the weight off your shoulders. Your attorney can:

• Communicate with your insurance company, the other driver’s insurer, and anyone else requesting information about the claim
• Gather evidence and talk to witnesses
• Represent you in settlement negotiations
• Fight for maximum compensation in court

What Are New Jersey’s Auto Insurance Requirements?

All drivers must have proof of auto insurance to operate a vehicle. Your minimum coverage will depend on whether you have a Basic or Standard policy.

The minimum required insurance in New Jersey for a Standard policy includes:

• Liability insurance – This coverage pays for others’ damages if you are responsible for the accident. The minimum requirements for bodily injury coverage are $25,00 per person and $50,000 per accident. It also requires $25,000 in property damage coverage per accident.
• Personal injury protection – Personal injury protection (PIP) coverage pays medical expenses for you and others covered under your policy regardless of fault. You must have a minimum of $15,000 per person or accident.
• Uninsured/underinsured motorist coverage – If you are involved in an accident with an uninsured or underinsured motorist, this coverage will apply. Uninsured/underinsured motorist coverage is available up to the same amounts as liability coverage.

For a Basic policy in New Jersey, you must have a minimum of:

• Liability insurance – The minimum liability coverage on a Basic policy only pays for others’ property damages. This coverage is a minimum of $5,000 per person or accident.
• Personal injury protection – Basic policies also must have a minimum of $15,000 per person or accident in PIP coverage.

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Four Years of the American Dream

The American Dream Mall, located in East Rutherford, New Jersey, occupies over 3 million square feet and contains over 450 stores, making it the second-largest mall in the United States. But American Dream isn’t just a shopping mall–half of its complex is devoted to entertainment, including an indoor amusement park, water park, ski and snowboard park, mini golf, and much more.

On February 19, 2023, at American Dream’s DreamWorks Water Park, a large decorative helicopter hanging from a ceiling fell into a pool and injured four people. All four victims suffered non-life-threatening injuries, and the park reopened six days later, on the 25th. State officials reported that the helicopter had fallen because the rope holding it up had been damaged. Lisa Ryan, a spokesperson for New Jersey’s Department of Community Affairs, stated that the helicopter had been “‘inspected during building construction’”, but not at any point after construction. Ryan said that “‘as per the Uniform Construction Code, there are no requirements for ongoing inspections of suspended themed features or other hanging objects once the building is complete and approved for occupancy.’” In other words, the helicopter didn’t have to be periodically inspected after the first, initial inspection.

The American Dream Mall And Its Tracked Record of Personal Injuries

Since its opening in October of 2019, American Dream has had a series of other incidents that have tarnished its reputation.

In February 2020, a woman suffered significant injuries while skiing at Big Snow, American Dream’s 16-story indoor ski and snowboard park. She felt uncomfortable going down either of Big Snow’s two main ski slopes but felt pressured to. While she was going down the intermediate-level slope, she fell several times and tore her right ACL. She required surgery and months of recovery and filed a lawsuit against the mall in New Jersey’s federal district court.

On September 25, 2021, Big Snow caught fire and suffered significant damage. It only reopened in May of 2022. Luckily, no one was injured because the fire began at night when no one was on the premises.

In April 2022, a man was shot on the mall’s second floor, during an attempted robbery. The mall went on lockdown and the victim was hospitalized at the Hackensack University Medical Center for serious injuries.

On December 8, 2022, 24-year-old Peter Matthew fell and lost his life while snowboarding down a hill in Big Snow. He was an Airman First Class in the Maryland Air National Guard.

Earlier in February, Sol-MM III LLC filed a lawsuit against American Dream in the New Jersey Superior Court. SOL-MM III LLC represents two firms, Western Asset Management and Nonghyup Bank of South America. The two firms contributed to financing the construction of the American Dream, which was a massive $1.7-billion construction project. The other lenders to the project agreed to give American Dream a four-year extension to repay the loan, but the plaintiffs allege that American Dream cut them out of the negotiation. They’re now seeking $389 million from American Dream.

The mall offers great entertainment and shopping experiences for children, but it’s important to know about the incidents that have occurred at the mall and how the mall has responded to them. In some instances, if you were injured at a venue, a personal injury lawyer may be able to assist you in proving that the venue was negligent in its failure to create a safe environment for patrons. This may happen if a venue doesn’t clean up a spill, fails to meet inspection regulations, has dangerous walking conditions, and more.

Contact Our New Jersey Personal Injury Attorneys if You Got Injured at The American Dream Mall

If you or someone you know has suffered an accident at a venue, the attorneys at Davis, Saperstein & Salomon, P.C. has decades of experience and may be able to help. The firm offers free and confidential case evaluations and is available 24/7.

Contact them today by calling 201-444-4444. More information can be found on their website at www.dsslaw.com.

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New Jersey Loss of Consortium Claims

People generally know that if they are injured, they have a right to sue the business or person who negligently harmed them for monetary damages to compensate them for their harm and losses. But most people don’t know that the lawful spouse, including a domestic partner, has a claim and right to sue for their losses as well. If someone else’s harmful act has deprived you of your loved one’s companionship and affection, you can demand they compensate you by bringing a loss of consortium claim against them. But here’s the catch…it must be brought within the injured person’s filed lawsuit. This claim, in legal terms, is known as a “derivative claim,” meaning it’s derived from the injured person’s claim. This derivative claim is known as a “per quod” spousal claim for loss of society and consortium. The claim covers many of the unexpected relationship adjustments caused by a serious injury, including losses in the bedroom.

If cases are settled before trial, meaning an out-of-court settlement, rarely is there a separate allocation or payment made for a spousal claim because it’s generally all rolled into one settlement number. That’s because if the injured person’s injury case is settled, the spousal claim will be dismissed as part of the settlement. However, proving a spouse’s claim can be embarrassing, emotionally challenging, and legally complicated without the help of an experienced New Jersey personal injury attorney.

We at Davis, Saperstein & Salomon, P.C., with our skilled injury attorneys experienced with winning loss of consortium claims, can pursue you or your spouse’s rights under the law. We rarely get into the “dirty details” but instead describe it for what it is – a loss of intimacy – and we communicate exactly that way. Call or contact us today for an explanation of your rights for your free consultation.

What Is Loss of Consortium?

Consortium is a legal term referring to the companionship, love, affection, society, comfort, and services provided by a spouse or close family member. Under New Jersey law, the deprivation of this consortium is a type of non-economic loss suffered by the spouse – and only the spouse – of an injury victim. A jury may award these individuals compensation in a personal injury or wrongful death case.

How to Prove Loss of Consortium in New Jersey

A loss of consortium claim can compensate the legally married spouse of a victim whose injury or death resulted from someone else’s negligence. To prove a loss of consortium claim in New Jersey, the plaintiff must show that they suffered a genuine loss of the intangible benefits of their relationship with their spouse. Lost relational benefits include:

● Companionship – The loss of the ability to spend time with the injured person and share experiences
● Love and affection – The loss of emotional support, physical affection, and marital intimacy
● Comfort and solace – The loss of emotional comfort and support during difficult times
● Household services – The loss of help with household chores and tasks that the injured person would have performed, including the new chores the spouse must now handle

To establish these losses, a plaintiff must present evidence such as:

● Testimony from the spouse and other family members about the nature and quality of their relationship with the plaintiff before and after the injury
● Medical records and expert testimony about the nature and extent of the injury and its impact on the victim’s ability to provide companionship, love, and services
● Documentation of the spouse’s own emotional and psychological distress resulting from the loss of consortium

What Compensation Can I Get for a Loss of Consortium Claim in New Jersey?

In New Jersey, compensation for a loss of consortium claim is for monetary damages – meaning it compensates for intangible losses such as emotional distress, pain and suffering, and loss of enjoyment of life. Here is what a New Jersey Judge instructs a Jury regarding the New Jersey loss of consortium law before they deliberate and return a jury verdict for loss of consortium.

New Jersey Jury Instruction: Damages — Per Quod Loss Of Spouse’s Services, Society And Consortium

A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse’s services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant’s negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality. [If appropriate the judge may charge,] Damages may include but are not limited to out-of-pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.

The amount of compensation recoverable in a loss of consortium claim depends on the circumstances of the case, including the severity of the injury and the impact on the spouse’s relationship with the injured person. Economic losses can be brought that include a spouse’s obligation to return to the workforce, the cost of additional domestic help, and other expenses.

Some factors in determining the dollar amount of damages for loss of consortium include:

• The nature and extent of the victim’s injuries
• The length of time the injured person is expected to be impaired
• The injured person’s age
• The quality of the relationship between the spouse and the injured person before the injury
• The extent of the spouse’s emotional and psychological distress resulting from the loss of consortium

New Jersey law does not impose a specific cap on the amount of loss of consortium compensation. A jury will weigh the evidence to determine the money a plaintiff may receive for a loss of consortium claim.

How to Handle a Loss of Consortium Claim in New Jersey

If you or your spouse suffered a serious injury, it’s essential to consult with an experienced personal injury lawyer to evaluate your case and advise you on your options. Here are some steps you can take to handle a loss of consortium claim in New Jersey:

• Seek medical attention – The victim should get the appropriate medical care immediately. This will help establish the nature and extent of their injuries and the impact on their ability to provide companionship, love, and services.
• Gather evidence – Your attorney will need proof to demonstrate your claims, such as medical records, witness statements, and marriage records. Collect as much evidence as possible to help your attorney support your case.
• File your claim – Your attorney will file your claim with the appropriate court in New Jersey and serve the defendant with a copy of the petition.
• Attend mediation or settlement negotiations – Mediation or settlement negotiations resolve many cases, so be prepared to attend these proceedings with your attorney to work towards a fair resolution.
• Prepare for trial – If the defendant or their insurer does not offer you a fair settlement, your attorney must prepare for trial.
• Stay informed – Keep in touch with your attorney and stay informed about your case. Ask questions if you have any concerns or are unsure about any aspect of the case.

Talk to the Attorneys at Davis, Saperstein & Salomon, P.C. About Your Loss of Consortium Claim

When choosing an attorney to handle your loss of consortium claim, consider their experience, reputation, and track record of success with similar cases.

Davis, Saperstein & Salomon, P.C. was established in 1981 and has provided legal services to residents of New Jersey and New York for over 40 years. Our team of more than 30 personal injury attorneys has extensive experience handling personal injury cases, including those with loss of consortium claims. We have locations across New York and New Jersey and can meet with you over the phone or via video chat at your convenience. We also have Spanish-speaking attorneys and can provide translators in many other languages.

At Davis, Saperstein & Salomon, P.C., we are proud of having secured over $800 million in verdicts and settlements for clients to date. Find out how we can help with your loss of consortium claim when you call or contact us online for a free consultation.

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1 Construction Site Worker Killed and 3 Injured After Building Collapse in New York

According to news reports, one construction worker died and three others sustained injuries in a building collapse in Lower Manhattan earlier this month. The New York City Fire Department (FDNY) says a wall collapsed while workers were demolishing a commercial building in SoHo.

One worker was buried beneath the debris, while two workers reportedly fell on top of it and sustained non-life-threatening injuries. It is unclear how the fourth construction worker was injured. By the time firefighters dug out the trapped worker, it was too late.

Reports say that debris overloaded one floor of the building, causing a wall to come down with it during the NYC demolition. The company tearing down the building received a violation the previous month for overloading the first floor with 50 tons of construction material. However, Department of Buildings officials said the collapse was not the result of any previous violations.

Common Injuries Construction Workers Suffer

Construction is an important industry in New York. But it’s also one that places its workers in danger of suffering serious injuries like:

• Traumatic brain injuries (TBIs)
• Nerve damage
• Burn injuries
• Eye injuries, including vision impairment and blindness
• Loss of limb
• Broken bones
• Spinal cord injuries and paralysis
• Neck injuries
• Internal bleeding
• Penetrating wounds
• Torn ligaments and tendons
• Respiratory illnesses from toxic exposure

Who Is Liable If You’re Hurt at a Construction Site?

If you get hurt on the job as a construction worker, you might face several challenges as you pursue compensation for your injuries. One significant issue for many workers is that workers’ comp benefits do not cover 100 percent of lost wages and other accident-related expenses. If you don’t have other sources of coverage, you could get stuck paying out of pocket.

However, there are some cases where a third party could be financially responsible for your losses – including the full value of your lost wages as well as your pain and suffering. If someone other than your employer caused the accident, they should be held accountable. Some common examples of third parties who might be liable for a construction accident include:

• Project managers or general contractors
• Manufacturers of tools, equipment, and machinery
• Property owners
• Designers
• Subcontractors
• Site engineers
• Architects

Statute of Limitations for NY Construction Accident Claims

The amount of time you have to pursue financial recovery for your losses in NY will depend on what type of claim you’re filing:

• Civil lawsuit – If you have grounds for a personal injury lawsuit after a construction accident, you must file within three years of the accident date or risk having your case thrown out in court.
• Workers’ compensation – If you’re pursuing workers’ compensation, you have even less time to act. You must report your injuries within just 30 days of the accident. You then have two years to file your claim for workers’ comp.
• Wrongful death lawsuit – In cases of wrongful death, the surviving family has two years to file a civil lawsuit in New York.
• Government agencies – You only have 90 days to file if your claim is with a government entity.

However, there are also exceptions to these limits. A construction site accident lawyer can help you identify key deadlines and keep your case on track.

Contact the NYC Construction Site Injury Lawyers at Davis, Saperstein & Salomon, P.C.

If you sustained injuries in a building collapse or another construction-related accident in NYC, contact the construction site injury attorneys at Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 for a free initial consultation. With more than 40 years of experience and dozens of talented attorneys on staff, you can count on us to provide the legal support and attention you deserve.

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United States Post Office Deadly Truck Accidents

As long as their package arrives on time, many Americans might not think twice about the agency or company delivering it. But it’s important to study and analyze the practices of all large organizations, including Amazon and Starbucks, but also the United States Postal Service (USPS). Two weeks ago, the Wall Street Journal published an article on USPS, revealing alarming information about the federal agency and its practices.

USPS faces competition from private shipping companies like the United Parcel Service Inc. (UPS) and FedEx Corp. USPS receives some of its funds from the federal government, but most of its funds come from selling postage. To increase its revenue, USPS hires external trucking contractors at cut-rate prices, requires truckers to meet unmanageable delivery schedules, and continues working with contractors, even after their truckers violated traffic safety regulations.

John Sheehy, president of the National Star Route Mail Contractors Association, told the Journal that USPS offered its contractors rates that were 15-20% below industry standards. This allows USPS to hold onto more of its funding, but at the expense of the truck drivers.

The Department of Transportation (DOT) has strict rules regulating truck drivers and the amount of time that they can operate their vehicle. DOT regulations state that a truck driver cannot drive more than a total of eleven hours in a day and may not work for more than fourteen hours a day (including stops and truck loading time). The DOT established these safety regulations because research has shown that ‘drowsy driving’ substantially increases the risk of getting into a car accident. Research has even suggested that 24 hours of sleep deprivation causes roughly the same effects as having a BAC of 0.10%. Violation of these regulations leads to the decreased safety of the drowsy driver, other drivers on the road, and pedestrians.

In civil cases where the plaintiff was involved in an accident with a commercial truck driver, the plaintiff’s attorney will often look for evidence that the truck driver had violated DOT regulations. For example, the attorney may look at the driver’s records from the day of the accident to see if they had worked more hours than DOT allows for.

Sheehy, who himself is a former USPS contractor, told the Journal that there is immense pressure to make scheduled delivery times. Sheehy added that in previous years, USPS has chosen to terminate contracts with contractors that failed to make at least 95% of their deliveries on-time.

The Journal reviewed a series of USPS contracts and found one route that required the driver to leave Salt Lake City at 3:30 AM and arrive in San Francisco at 5:30 PM. This route is a fifteen-hour drive, which is one more hour than the fourteen-hour maximum amount of time worked that DOT allows for. This example is part of a larger pattern–the DOT reported that, from 2021 to 2022, about 39% of USPS’s trucking companies had violated its regulations, compared to only 13% of for-hire trucking companies.

One of USPS’s most important vendors, McCormick Trucking, clocked over 200 DOT violations between 2017 and December of 2022. Its sister company, Tracie McCormick Inc., has also been fined by the DOT for violating safety regulations. Even in light of both companies’ poor safety records, USPS has continued working with McCormick Trucking and Tracie McCormick Inc., and extending existing contracts.

Unfortunately, the Postal Service did not track crashes caused by its contractors. It did not require contractors to report accidents to USPS, but this policy has recently changed since the Journal’s article. USPS now requires its contractors to notify USPS of fatalities, injuries, or significant property damage after a serious accident occurs.

One serious accident occurred in June of 2022, when five people, including a baby, were killed after a Postal Service truck driver struck their car. The accident occurred on Interstate 25, near Denver, Colorado, and police later reported that the accident had been caused by the truck driver’s distracted operation of his vehicle. Police also learned that the driver lacked a valid commercial driver’s license.

Since USPS has established a mandatory reporting guideline, Americans should hope to see more accountability from USPS and its contractors, as well as greater adherence to DOT safety regulations.

If you or someone you know has been involved in a car or truck accident, the attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience and may be able to help.

Our firm offers free and confidential case evaluations and are available 24/7. Contact us today by calling 201-444-4444.

Scene of the Denver, June of 2022 Crash

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Insights from Samuel L. Davis: Facial Recognition in NYC and its Impact on Consumer and Worker Protection

On February 24th, 2023, Davis, Saperstein & Salomon, P.C. Founding Partner Samuel L. Davis, Esq., testified before The New York City Council Committee on Consumer and Worker Protection about the use of facial recognition technology in New York City businesses.

How Can New York Businesses Use Facial Recognition Technology to Ban Your Right to Free Speech

In November 2022, Davis, Saperstein & Salomon Associate Kelly A. Conlon, Esq. was escorted out of Radio City Music Hall as she tried to attend a Christmas show with her daughter and her girl scout troop. Conlon was identified using facial recognition technology and was asked to leave the premises. This was done simply because she is an attorney with Davis, Saperstein & Salomon, who happened to represent an individual in a personal injury matter against a restaurant that was later acquired by Madison Square Garden. Conlon not only was not involved in the lawsuit, but she had no knowledge of it.

Madison Square Garden has gone on to ban over 2,000 lawyers from over 90 other law firms who are involved in lawsuits against one of their entities.

“We have no real concept of how invasive this technology is,” says Sam Davis as he spoke before the committee. “Please do not let companies like MSG turn public accommodations into places where you leave your right to free speech at the door.”

Private Businesses in New York Using Facial Recognition Technology Need to Be Transparent

In New York City, the use of facial recognition technology may be legal if the company posts a notice to consumers stating that the technology is being used, and that it does not use it to make a profit or share it with third parties. After Conlon’s experience at the Radio City Music Hall, Sam Davis visited the venue to experience what she felt. While there, he observed MSG’s notice to consumers. “The signage was inconspicuously posted. In other words, the signs were facing sideways”, says Sam Davis. While MSG does post signs to alert consumers that they are using this technology, the signs were neither conspicuous nor in compliance with the law.

The notices also did not reveal the true intention behind the use of facial recognition. “The signs only list ‘for security purposes only’. That’s a misrepresentation”, says Sam Davis. Facial recognition may have a valid role to play in identifying individuals who might jeopardize the safety of patrons, performers or staff. The technology may be searching for legitimate security threats, but at MSG it also searches for enemies of its owner, in this case civil attorneys who pose absolutely no threat to safety.

Davis argued for transparency when it comes to the use of facial recognition technology regarding what these “security measures” will ultimately be used for and for how long. “The problem is, there is no transparency,” he says. “The law must be very clear and provide a mechanism for enforcement.”

By interfering with lawyers’ rights to represent Americans, Madison Square Garden has curtailed the First Amendment right to free speech. It has also tried to limit the Fourth Amendment right to privacy by inappropriately using biometric information and facial recognition technology. “If MSG can get away with this, then you are going to have a slippery slope of surveillance in the city… Our privacy will be nothing more than a quaint memory of what life was like at the turn of the century”, said Davis.

About Davis, Saperstein & Salomon, P.C.

Davis, Saperstein & Salomon, P.C. is a personal injury law firm based in Teaneck, New Jersey, with satellite offices in New York and other parts of New Jersey. Our attorneys handle a wide variety of cases, including motor vehicle accidents, premises liability and construction accidents. Since its founding in 1981, Davis, Saperstein & Salomon, P.C., has been committed to representing the individual and never the corporation. The Firm is also committed to protecting our right to privacy, in the face of MSG and other corporations’ unethical use of facial recognition technology.

This is not a commitment that Davis, Saperstein & Salomon, P.C., makes alone. “We must do what we can, as a city, to protect New Yorkers’ privacy and guard against these products being used to harm consumers and workers”, said Councilwoman Marjorie Velasquez, Chair of the Committee on Consumer and Worker Protection.

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4-Year-Old Attacked by a Pit Bull in New Jersey

Kind dogs may be man’s best friends, but aggressive dogs can cause severe physical and psychological injuries when they attack. Sadly, that is exactly what happened recently when a pit bull attacked a 4-year-old girl and her mother in New Jersey.

According to news reports, Khaleen Brown Anderson and her daughter, Abbey, had just returned to their home in Teaneck when Anderson saw a pit bull running up the street toward them. Anderson said the dog attacked her and her daughter, even jumping into the car at one point.

The attack ended when a plumber working nearby heard the attack and scared the dog away. Police impounded the dog and served its owner with two summonses. Records show the dog had previously attacked a mailman in 2017. A judge will decide what happens to the dog now.

The psychological effects have already impacted Abbey. Brown Anderson reports the 4-year-old is traumatized and cries in her sleep.

What Should I Do After a Dog Attack?

If you get hurt in a dog attack, take the following key steps:

• Call the Police – It is necessary to document the attack but more importantly the police will investigate the true owner of the animal.
• Seek medical attention immediately – Dogs can cause severe injuries when they attack, including puncture wounds, soft-tissue injuries, broken bones, and nerve damage. Seek medical care and make sure you get a rabies vaccine.
• Identify the dog and contact its owner – Take pictures of the dog for reference if you can. If you contact the dog’s owner, keep the conversation brief and do not speculate about what caused the dog to attack. Ask the owner for their insurance information, contact details, and the dog’s vet medical records.
• Document your injuries – Take pictures of any visible injuries you sustained and store the pictures in a secure location. You should also save your medical records for future reference and start a journal to document how the attack affects you mentally and emotionally.
• Do not make any social media posts about the attack – A stray comment or photo could hurt your chances of recovering compensation for your injuries. Stay away from social media until your case settles.
• Do not speak to any insurance companies – The dog owner’s homeowners insurance company may call you and pressure you to accept a quick settlement. However, their offer likely won’t cover the full extent of your injuries. Let your lawyer handle all communication with the insurance companies.
• Hire a dog bite lawyer – Securing compensation for a dog bite claim can be difficult, and you want to recover as much as possible. A dog bite attorney can help you protect your rights and demand the money you need. Special discounted fee rates apply to children bit by a dog.

What Are the Physical and Psychological Consequences of Dog Attacks?

The physical consequences of a dog attack are often serious and can include:

• Severe injuries, including broken bones, facial injuries, infections, and internal bleeding
• Scarring and disfigurement
• Long-term pain from your injuries
• Rabies and prophylactic treatment for rabies
• Tetanus

The psychological consequences of a dog attack are often as severe, especially when a child is bit by a dog, as the physical effects and may include:

• Nightmares and insomnia
• Flashbacks to the attack
• Heightened anxiety, especially around dogs
• Depression and other emotional distress
• Psychological distress from pain, scarring, and disfigurement

What Compensation Can I Get After a Dog Attack?

With help from the right attorney, your compensation after a dog attack in New Jersey could include money for:

• Medical bills
• Future plastic surgery bills and revision surgery
• Incidental expenses
• Lost wages
• Lower future earnings
• Scarring and disfigurement
• Pain and suffering
• Emotional distress

What is the New Jersey Law Governing Dog Bites?

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of the such dog or the owner’s knowledge of such viciousness.

If the injury occurs when entering the private property where the dog is kept, the law states that a person is lawfully upon the private property of such owner when on the property in the performance of any duty imposed by the laws of this state or the laws, such as a cable installer, worker, or postal worker, such as a mail carrier of the United States, or when a person or child is on such property upon the invitation, express or implied, of the owner thereof. 

Contact Our New Jersey Dog Bite Lawyers for Help

The team at Davis, Saperstein & Salomon, P.C. understands how traumatic dog attacks can be. We’re here to help you recover fair compensation for your injuries. Contact us today to learn more about your rights in a free consultation with a New Jersey dog attack attorney.

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FAQs: Car Accident While Pregnant

It is estimated that four percent of the US population is pregnant at any given time, so statistically four out of every injured client may be pregnant.  Women expecting a child do everything they can to protect their unborn child. Unfortunately, no amount of precaution can eliminate the risks women face in their daily lives. However, what happens if a woman is involved in a car accident while pregnant? Does the unborn child have a higher risk of injury? What compensation could the pregnant mother be owed by the person who caused the collision? How can you or that person make a claim?

Here are the answers to these and other questions we often hear from our clients who were pregnant when they were in a car accident.

Can a Car Crash Affect Your Pregnancy?

The short answer is yes for injuries to the mother and injuries to the child.  In fact, New Jersey certain injuries to a fetus are specifically written into New Jersey’s automobile injury laws.

An injury to a pregnant woman is unique in that the expecting mom is more concerned about her child’s potential injures than her own.  Being pregnant carries with it its own set of complications and often causes back and abdominal pain and discomfort.  To determine if such pain is related to a car accident XRAYS and other radiology tests are necessary.  That is the first problem, proper diagnosis without imaging.  Although in utero injuries are rare, injures to the expectant mom are common.  These injuries to the neck and back are often caused by the seatbelt. Most common injuries to a pregnant mom are to their necks and lower back.  Seldom is there an injury to an unborn child, however sometimes pregnancies are lost because of a car wreck.

Studies have found that car accidents account for 1,500 to 5,000 miscarriages each year. Even if a pregnant person doesn’t miscarry, their unborn child may suffer fetal trauma causing permanent disabilities.

The most common injuries from car accidents during pregnancy include:

• Placental abruption happens when the placenta detaches from the uterine wall. Around 5 percent of pregnant people in low-impact accidents and as many as 50 percent of those in high-impact accidents suffer placental abruption.
• Uterine rupture is a medical emergency with a high fetal mortality rate. It is not common but occurs when the uterine wall tears or rips. Most cases result from seat belts or deployed airbags.
• Maternal shock occurs when the pregnant person sustains severe injuries. The body copes with blood loss by rerouting blood to essential organs, which deprives the fetus.
• Direct fetal trauma is an injury the fetus suffers directly rather than as a side effect of the mother’s injuries. About 10 percent of car accidents involving pregnant people result in direct fetal trauma. Head injuries caused by impact with a steering wheel, airbag, or seat belt are most common.
• Emotional and Psychological Injuries to the Expecting Mother are common and often remains a question after birth as the child develops through childhood. Mothers often worry and wonder if any developmental problems suffered by a child can be attributed to a past motor vehicle accident.

Accident injuries sustained by fetuses may lead to disabilities later in life. For example, head trauma often causes developmental or intellectual delays. If you are in a car accident while pregnant, watch a child’s development closely for signs of injury after birth.

Can a Car Accident While Pregnant Cause Brain Damage to a Fetus?

Placental abruption can cause brain damage by restricting blood flow to the developing baby. It is a medical emergency and often requires a C-section to avoid further injury to the infant.

Uterine rupture, while uncommon, can also cause brain damage and cut off oxygen to the fetus. Like placental abruption, it often needs an immediate C-section.

The abdominal wall and uterus often provide sufficient protection. However, direct impacts can cause fetal head trauma. The fetus’s head is most at risk for direct fetal trauma, causing damage that may manifest as long-term disabilities later in life.

Can a Seat Belt Injure a Fetus After a Crash?

A seat belt can cause injuries in higher-impact crashes, including placental abruption, uterine rupture, and direct fetal trauma. However, it is more dangerous not to wear a seat belt than to use it. Wear the seat belt as recommended but ensure the lap belt secures below your belly and snuggly across your pelvic bone and hips.

Are Airbags Dangerous While Pregnant?

Like seat belts, airbags may pose a danger in some circumstances. But there is no higher risk of fetal distress or injury when airbags deploy. Keep 10 inches of space between the steering wheel and your breastbone. If possible, angle the steering wheel to face your chest rather than your belly.

What Are Some Warning Signs to Watch Out for After a Car Accident While Pregnant?

If you were in a car accident while pregnant, watch out for the following:

• Severe abdominal pain
• Vaginal bleeding
• Urgent or painful urination
• Dizziness or loss of consciousness
• Swelling in your face or fingers
• Chills and fever
• Severe headaches
• Changes in the baby’s movement

Not all fetal injuries will manifest symptoms in the parent. It is a good idea to visit the doctor after a car accident – regardless of how you feel or what symptoms you may have experienced.

Once your baby is born, keep an eye on their development. Let your pediatrician know you were in a car accident while pregnant so they can assess your child’s development more thoroughly. The consequences of head injuries are often not apparent until the child is older.

What to Do If You’re in a Car Accident While Pregnant

If you haven’t already, see your doctor. Even if you don’t feel injured, it is a good idea. Once you are home, watch out for symptoms that may indicate a fetal injury.

Follow through with any additional treatment your doctor recommends. If left untreated, injuries like neck and back pain can worsen during pregnancy and even leave you with permanent pain and disability.

As your healing and pregnancy progress, document your experience in a journal. Note any unusual pain or mental stress. These items can be compensable through an insurance claim or lawsuit against the at-fault party.

Should You Hire a Lawyer If You Were Involved in a Car Crash While Pregnant?

Pregnancy complicates injuries. Your baby may have suffered long-term damage you aren’t yet aware of. An insurance company will likely fight you if you file a claim for your child’s developmental problems years after the accident. The limited window to file a lawsuit set by the statute of limitations can also present its own challenges. The sooner you speak with a lawyer, the more they can do for you.

You will likely face stress after a crash while pregnant. That could affect your baby’s development and cause birth complications later. One way to manage this stress is to delegate insurance claims and settlement tasks to an attorney.

Your attorney can sue the careless driver and their insurance company for your harms and losses  associated with the car accident, including:

• Your medical bills and neonatal diagnostic tests
• Medical treatment for you and your unborn child
• Money for your temporary and permanent pain and suffering
• Money for your lost wages from being unable to work.
• Delivery related complications
• Future medical care for your baby
• Money for your emotional distress and PTSD

New Jersey has a unique law that affects people subject to the Limitation of Lawsuit Threshold, also known as Limited Tort or the Verbal Threshold.  This New Jersey law can limit a person with non-permanent injuries right to bring a lawsuit.  However, the law plainly states that the loss of a fetus is a permanent injury and will allow the woman who suffered the miscarriage to sue for the loss of the pregnancy and all other injuries.

Your claim can become complex quickly, especially if your child shows effects from the accident later. Rather than fight the insurance company on your own, contact Davis, Saperstein & Salomon, P.C. for a free consultation with a compassionate car accident lawyer at 1-800-LAW-2000.

We can meet with you in our locations in New Jersey and New York City, over the phone, or through video chat. With more than 40 years of experience, we have secured over $800 million in verdicts and settlements for our clients. Let us put our skills, resources, and knowledge to work to help demand the financial recovery you need to get life back on track for you and your child.

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Steps to Take After Being Injured in a Hit-And-Run

On January 20^th, 61-year-old Deborah Peko-Lillis was struck and killed by a hit-and-run driver on Hoboken Road in Carlstadt, New Jersey. The driver, Justinian Cuevasmetemi, fled the scene. He was then arrested and charged with second-degree leaving the scene of a motor vehicle resulting in death, and third-degree endangering an injured victim.

A hit-and-run is a collision in which the driver at fault doesn’t stop to exchange information or offer medical aid to the other person involved in the accident. The victim of a hit-and-run could be another driver or a pedestrian.

Hit-and-runs are illegal and risk further endangering the victim’s life. If the other driver flees and doesn’t call for help, the victim might receive delayed medical attention. In a possible life-or-death situation, every moment counts, and the delay might worsen the victim’s condition. Sadly, hit-and-run crashes are very common: more than one occurs every minute, so it’s important that you know what to do if you or a loved one are injured in one. Below are some of the steps you should take:

1. Call the Police

Police will investigate the hit-and-run, provide legal documentation of the incident if you pursue an insurance claim or personal injury lawsuit, and will be able to remind you of other steps you should take.

2. Speak to Witnesses

It’s important to speak to witnesses because they might have been able to see or hear something that you couldn’t. They may also be able to give you a description of the vehicle and its driver, as well as their understanding of how the accident happened.

3. Take Photos of Everything

Take photos of the accident scene, damage is done to your car, your personal injuries, and if possible, photos of the fleeing vehicle and driver. Photos can serve as important evidence for an insurance or legal claim.

4. Document Everything That You Know about the Accident

Make sure to write down all of the following information:

• The approximate time and location of the accident
• A description of the other vehicle, including the make, model, and color
• A description of the other vehicle’s driver
• The vehicle’s license plate
• The names and badge numbers of the responding officers
• The contact information of the witnesses

5. Seek Medical Attention

Even if you don’t immediately sense any injuries, or the injuries seem minor, you should still seek medical attention. Receiving treatment promptly after the accident is important for an insurance or legal claim because it helps support the fact that you were injured in the accident.

6. Report the Incident to Your Insurance Company

Contact your insurance company to file a claim with them. Keep in mind that many insurance companies require the claimant to have filed a police report for the hit-and-run within twenty-four hours of the collision.

If you can find the at-fault driver, you will be able to file an insurance claim and/or a civil lawsuit against them. In New Jersey and New York, you are required to have some uninsured motorist coverage, which will protect you if you’re unable to locate the at-fault driver.

Because hit-and-runs occur so often, it’s important for you to be prepared and to know what steps you should take in the event that you are injured in one. The New Jersey law firm of Davis, Saperstein & Salomon, P.C. has an extensive team of attorneys with decades of experience in car accidents. The firm offers free and confidential case evaluations and are available 24/7. Contact them today by calling 201-444-4444.

 

 

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Common Types of Shopping Mall Injuries

Without a doubt, New Jersey is the King of the retail shopping mall.  What people often fail to realize is that the mall itself is a business.  Consider it to be a hotel or an apartment building for retail stores.  The mall provides services to its tenants and assumes obligations to its tenants and the public.  Specifically, the mall assumes obligations for the safety of its customers.  If a person is injured inside or outside of a mall, the mall owner and management company are the ones responsible and held accountable.

In New Jersey, as well as states like New York, it is the law that shopkeepers in malls and retail stores have a duty to keep the interior of their premises safe for customers. Despite their efforts to meet this duty, injuries still occur when these efforts fall short. When shopkeepers or property owners do not provide a safe environment for their visitors and someone gets hurt, the retail store and the mall could be held responsible.   Their respective duties to the public are often controlled by the lease signed between the retailer and the mall.

Most mall-related injuries are from a slip, trip or fall.  People caused to fall to the ground at a shopping mall due to the negligence of a store owner, manager, mall employee, or another party should immediately consult with an experienced personal injury lawyer for advice and more importantly to preserve important video evidence of the mall’s carelessness.

Types of Shopping Mall Accidents and Injuries

Various types of injuries can result from a trip to the mall. These types of shop injuries range from an injury caused by a simple slip and fall to one caused by a negligent security guard:

• Interior slip and fall accidents
• Exterior parking lot injuries
• Stairway and stairwell accidents
• Escalator and elevator accidents
• Pedestrian, bike, and motor vehicle accidents
• Overcrowding and trampling injuries
• Shopping cart injuries
• Falling objects
• Assaults caused by negligent security
• Parking lot accidents
• Food court injuries
• Injuries caused by amusements or mall water parks

Common Causes of Shopping Mall Injuries

Injuries in the mall can occur in a variety of ways. These are the most common causes of injuries while shopping:

• Electrical cords
• Torn carpeting
• Liquid spills, including food, grease, wax, and water spills
• Escalator malfunctions
• Wet bathroom floors
• Pavement potholes

Determining and Proving Liability for a Shopping Mall Injury

People injured at a shopping mall are entitled to compensation for their medical bills, and economic losses, plus their pain, suffering, and disfigurement, but first they must prove negligence and identify the true person or business that caused their injuries. If the accident occurred in a store due to the actions of an employee, the franchise owner or store owner is potentially liable. With accidents in the mall’s common areas, such as the food court, restroom, or walkways between stores, the mall’s owner or management company could be responsible. In other cases, a third-party such as a maintenance company is at fault.

To obtain compensation, an injured person must prove that the store, mall, or another responsible party knew or reasonably should have known a dangerous condition existed on their property. An experienced personal injury lawyer knows how to prove that and will likely need to show that the mall had a reasonable time to fix or warn its visitors about the hazardous condition that caused injuries.

Talk to Our Experienced Premises Liability Lawyers in New Jersey Today

The team at Davis, Saperstein & Salomon, P.C. is the right choice if you have suffered any type of personal injury, including an injury in a shopping mall accident. We have locations throughout New Jersey and in New York City. We also offer video consultations and will meet with you at your convenience.

The skilled personal injury attorneys at Davis, Saperstein & Salomon, P.C. have over 40 years of experience helping clients injured because of retail store negligence. Partner Garry Salomon learned about storekeeper liability as a new lawyer when he was hired to defend supermarkets in a supermarket slip and fall cases.  He eventually switched sides and only represents injured plaintiffs and uses his experience to hold negligent supermarkets and malls accountable for their carelessness.  At Davis, Saperstein & Salomon PC, we have more than 25 personal injury attorneys on our legal team available to meet with you for a free consultation. We will fight aggressively to recover compensation for you. Contact us today for a free consultation to see how the lawyers at Davis, Saperstein & Salomon, P.C. can help you pursue compensation for your shopping injuries.

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E-Bikes and E-Scooters: Just How Safe Are They?

On January 16th, 2023 a man riding an electric bike was struck by a vehicle while crossing Route 1 in Edison, New Jersey, at the intersection of the Northbound Lane of Route 1 and Prince Street. The accident victim was taken to Robert Wood Johnson University Hospital in New Brunswick, New Jersey, where he is in critical condition. The driver of the vehicle left the scene of the accident in this hit-and-run. Sadly, accidents involving micromobility devices, like e-bikes, have only become more common after a recent spike in their popularity.

The start of the COVID-19 pandemic affected sectors of the economy, especially the transportation sector. However, as time went on and Americans began returning to work, e-bikes and e-scooters offered a safer alternative to public transportation. For Americans grappling with boredom at home, they served as a fun, exciting, and relatively inexpensive activity. In the months after the pandemic, the micromobility market experienced a huge spike in sales. In 2020, riders took only 65 million trips, but in 2021, that number soared to 112 million trips. While micromobility has helped revive the economy, the safety of these modes of transportation to riders and pedestrians has come into question because e-bikes, e-scooters, and other forms of micromobility pose a huge risk to not only their riders, but also to the general public.

Adding to the Deadly Trend?

Unfortunately, during the last decade there has been an increase in pedestrian and cyclist deaths, including an uptick in distracted driving fatalities. Many of these tragedies are blamed on driver inattention, most likely from either talking or texting on a cell phone. Many people are now concerned that with the rise in e-bike and e-scooter popularity, this trend is only going to increase.

Between 2018 and 2021, about 30 e-scooter riders were killed in the  US, and 80% of the fatalities occurred after the rider was hit by a car. Many of the deaths are being blamed on driver inattention and are causing concern as to the safety of cyclists on the road. Injuries range from moderate to life-threatening. The luckier people have experienced bruises, cuts, and abrasions having fallen from their e-bikes and scooters. Others have suffered more serious injuries, such as broken bones and brain injuries. The U.S. Consumer Product Safety Commission (CPSC) reported that, from 2017 to 2020, there were over 190,000 visits to the ED due to scooters, e-bikes, skateboards, rollerblades and other micromobility transportation products. The report added that since 2017, there has been a 70% increase in ED visits, from 34,000 visits to 57,800 visits in 2020.

The CPSC further investigated the number of ED visits associated specifically with e-scooters. In 2020, there were 25,400 visits, which is a huge increase from 2017 (7,700 visits). Dr. Jay Doucet, who is chief of the trauma division at the University of California San Diego Health Hospital, says that, between January 2018 and June 2019, the hospital had seen more than 150 e-scooter major trauma victims. Only 2% of the victims he treated were wearing helmets at the time they crashed. Without doubt helmets save lives and avoid severe brain injuries.

Outside of the US, in countries like the Netherlands and Switzerland, e-bikes and e-scooters have also grown in popularity, but they have also reported many deaths and serious injuries. In 2021, the Netherlands saw 80 individuals on e-bikes lose their lives in traffic accidents. In 2022, a thirteen-year-old Israeli boy was killed while riding his e-scooter after being struck by a car.

Many US cities have taken measures to restrict usage of e-scooters in an effort to promote safety. In Washington, D.C., e-scooters are banned on the sidewalks of the Central Business District (the area around the National Mall), e-scooter users must be at least sixteen years old, and they must wear a helmet if they are under eighteen years old. They are also not allowed to have a ‘passenger’ and must yield to pedestrians. In New York City, e-scooter riders cannot ride on sidewalks and have to use bike lanes or streets with an under 30 mph speed limit. E-scooter riders cannot go faster than 15 mph, however.

Many other states and cities have created laws regulating the use of e-bikes. For example, as with e-scooters, in Washington D.C., an e-bike rider must be over sixteen years old. In Virginia, however, an e-bike rider only has to be over fourteen years old.  For micromobility device riders, it is important to read the specific guidelines in the state where the vehicle is being used.

Privately purchased e-scooters can travel at speeds up to 62 mph, but the shared, rentable e-scooters that are seen on the streets of a city, only travel up to 15 mph and are equipped with wireless connectivity. They are often offered as “rent-by-the-minute”, which is done through an app. The most popular manufacturers of these “rent-by-the-minute” e-scooters are Bird, Lime, and Spin. Uber began to rent out its own scooters under Jump, but in the spring of 2020, agreed to merge Jump with Lime and the two companies integrated their apps. Lyft also created its own rental service, called CitiBike,  In 2019, Lyft recalled 2,500 CitiBikes due to a malfunction of the front brakes causing riders to stop short and flip over the handlebars. The bike’s brakes were manufactured by a Japanese company called Shimano.

Scooter rental companies do not consider the legal complexities and ramifications if their renter causes an accident or is injured by someone in a collision. Unlike operating a vehicle that has both liability insurance and medical insurance coverage, a scooter is uninsured. Under certain circumstances, the operator may not be entitled to coverage for losses through their personal automobile insurance policy or from a negligent driver’s insurance.   Anyone injured while riding or operating a micromobility device, such as a scooter, they should consult with an experienced injury lawyer to determine how they can get their medical bills paid and if they can sue either another person who caused the harm or their own or their family’s auto insurance carrier,

As with motorcycle accidents, police are often prejudiced against scooter and bicycle riders and report the accident against the scooter operator.  The reports need to be read carefully and if necessary, amended or supplemented to properly report or correct the facts leading up to the collision.

Some cities require scooter companies to have insurance, but these laws are different in each state. Riders need to check with their state insurance department to learn what is required within their state. Here are some practical and free legal advice riders need to know.

• Practice your skills before riding on city streets
• Always wear a helmet and wrist guards
• Avoid operating with a passenger
• Always drive defensively
• Always obey all motor vehicle laws
• Always be on the alert for distracted pedestrians
• Do not operate the scooter at night without reflective clothing
• Always ride with personal identification in case of emergency
• Always operate your scooter in the right-hand lane or bike lane
• Always report an accident to the police
• If involved in a collision, get all the other drivers’ information, including license, registration, and insurance cards. Take photos of the accident scene and of any injuries
• Do not operate a scooter under the influence of alcohol or drugs. DUI laws may apply
• Do not allow underage people or children to operate a rented scooter
• If involved in a crash caused by another, look for businesses that may have video cameras within the area to prove another’s fault
• Make certain that you have medical coverage that would cover you if injured
• Contact a qualified expert injury lawyer that has the experience with lawsuits regarding motorcycles, bicycles, e-bikes, e-scooters, and transportation sharing companies, such as Uber and Lyft

The lawyers at Davis, Saperstein & Salomon, PC have represented pedestrians injured by scooters and e-bikes as well as operators of such transportation devices.  People injured by or using e-bikes and scooters can get free legal advice by calling one of the skilled injury lawyers at 1-800-LAW-2000 or filling out our contact form.

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The Dangers of Chemical Hair Straighteners Revealed

On October 17, 2022, the Journal of the National Cancer Institute (JNCI) published a study exploring the unknown dangers of using chemical hair straighteners (also known as hair relaxers). The study found that frequent use of chemical hair straighteners (the study defines “frequent” as at least four times over the course of twelve months) led to a greater likelihood of developing uterine cancer. A few days after the study was published, Jenny Mitchell, a 32-year-old Missouri resident, filed a lawsuit against several beauty companies, including L’Oreal.

Uterine cancer causes the cells of the uterus’s inner lining or muscle tissue to grow uncontrollably. The only treatment is a hysterectomy (the surgical removal of the uterus); sadly, it is not possible to have children after a hysterectomy. Advanced cases of uterine cancer also require chemotherapy. Symptoms of this cancer include bleeding between periods, bleeding after menopause, and pain in the pelvis.

The plaintiff was diagnosed with uterine cancer on August 10, 2018, and she underwent a full hysterectomy on September 28, 2018, at the Boone Hospital Center in Missouri. She used hair straightening products for over two decades, beginning in 2000 when she was eight years old, and only stopping use in March 2022. Her family has no history of cancer.

Alongside Mitchell, several other women have filed lawsuits against L’Oreal and other companies. Rugieyatu Bhonopha, 39, and Rhonda Terrell, 55, were diagnosed with uterine cancer and underwent total hysterectomies and chemotherapy. Bernadette Gordon, 49, used hair straighteners for over 30 years and developed both uterine cancer and breast cancer. She underwent a hysterectomy, a double mastectomy, and months of chemotherapy. Approximately 40 affected women have filed lawsuits, which may be consolidated into a class action lawsuit for a single judge to oversee.

The study published by the JNCI also discusses the disproportionate use of hair straighteners by African American women compared to white women. African American women only made up 7.4% of the study’s participants, but they made up 59.9% of the women in the sample who had ever used hair straightening products. These products are specifically targeted toward black women who are pressured to try to abide by Eurocentric beauty standards. Since more African American women use hair straighteners than white women, the finding that chemical hair straighteners increase the chance of developing uterine cancer disproportionately harms black women.

People that used L’Oreal and other hair straightening products that developed cancer or have suffered from any of the below conditions after frequently applying chemical hair straighteners to their hair and scalp may have legal rights and may be eligible for monetary compensation. The New Jersey law firm of Davis, Saperstein & Salomon, P.C. has a mass tort team of attorneys with decades of experience handling harmful products and class action cases. The firm offers free and confidential case evaluations and are available 24/7. Contact them today by calling 201-444-4444. More information can be found on their website at www.dsslaw.com.

• Endometriosis
• Breast cancer
• Uterine fibroids
• Uterine cancer
• Preterm delivery
• Uterine Sarcoma
• Disrupted thyroid hormone levels

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How Long Does a Personal Injury Accident Settlement Take?

A common question for people making a claim for money after being injured in an accident is, How long does it take to get a car accident settlement? The better question should be, How long does it take to win the right settlement — in other words, a full and complete settlement?

How Long Does a Car Accident Settlement Take in New Jersey?

Most average personal injury car accident cases in New Jersey can take anywhere from six months to two years to resolve. The duration of your case will vary depending on its specifics, including whether it goes to trial. 

The complexity of your case is the most important factor to consider when estimating how long it will take to receive a settlement. If your case involves many defendants and permanent injuries, it can take longer to reach a settlement that is fair to you. Consulting with an experienced New Jersey personal injury lawyer can help you better understand what type of timeline you may be facing. Better yet, consult with a personal injury lawyer that has been certified by the Supreme Court of New Jersey as a Civil Trial Attorney. 

Factors That Can Delay Your Car Accident Settlement

There is no single timeline that every settlement follows. Every case has its own unique set of factors that can affect the time it takes to settle. Here are some of the most common factors that can delay your car accident settlement: 

• The severity of the injuries and your financial losses
• The number of defendants in the accident
• The extent of property damage 
• Each party’s insurance providers and coverage
• If the cause of the accident is in dispute 
• Whether or not the case goes to trial
• The skill and experience level of your attorney
• The backlog of cases in each county

One thing to remember is that New Jersey’s statute of limitations on personal injury suits gives injured adults two years from the date of a crash to file a lawsuit. This deadline will affect your case even if you never actually file suit. And if you were injured because of the negligence of a public entity such as a city, county, state, or even police, fire department, sanitation board, or education worker, there is only a 90-day limit to file a Notice of Claim. 

Your ability to threaten a lawsuit is your primary bargaining chip during settlement negotiations. And that ability is taken seriously when your claim is brought by a law firm of highly regarded injury lawyers. Our car accident attorneys can help keep your case on track and demand the full compensation you deserve before it’s too late.

Talk to Our Experienced Car Accident Attorneys in New Jersey Today

An experienced injury attorney can fight on your behalf the large and powerful insurance companies that are out to minimize what you are entitled to as your settlement. Weak lawyers often settle cheaply because they may not have the time, money, or expertise necessary to win what you deserve. Quick settlements often settle for a fraction of what a case is truly worth. Don’t hesitate to contact Davis, Saperstein & Salomon, P.C. for a review of your unique case and the factors affecting your settlement.

So the answer to your question of how long it will take to settle your personal injury claim is there is no one-size-fits-all answer. However, an experienced attorney should be able to give you a better idea of how long it might take. After an accident, speak with a New Jersey car accident attorney to protect your rights and have a knowledgeable professional handling settlement negotiations.

At Davis, Saperstein & Salomon, P.C., our skilled auto accident attorneys in New Jersey have considerable experience helping injury victims recover the compensation they need and deserve. Contact us today to get started with a free consultation and find out how long your case could take.

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New Jersey Minimum Coverage Limits for Auto Insurance Set to Increase in 2023

In New Jersey, an injured person’s right to sue and the amount they may ultimately get paid for their pain, suffering, lost wages, and medical bills may depend upon the decisions made when the auto insurance policy was bought for their household, or the car they occupied. As a result, buying car insurance is a major decision not to be taken lightly, and it may have dire consequences to someone injured no matter who caused the accident. A new law effective as of January 1, 2023, changes the minimum auto insurance requirements in New Jersey.

New Jersey Minimum Coverage Limits for Auto Insurance Set to Increase in 2023

Fifty years ago, New Jersey adopted No-Fault insurance that required all New Jersey cars carry liability insurance of no less than $15,000. Putting that in perspective, in 2023 dollars, $15,000 would amount to $106,834. New Jersey was long overdue for a coverage change, but it falls short of inflation.

The change applies to all policies, except the dollar-a-day policy for certain drivers who have no assets and are on public assistance. Driving without liability insurance is against the law and could result in both motor vehicle convictions and loss of the ability to sue for injuries.

The new law requires that upon renewal, New Jersey drivers’ minimum liability coverage will increase in two phases. All standard auto insurance policies issued after January 1, 2023, must provide at least:

• $25,000 in bodily injury liability per person
• $50,000 in bodily injury liability per accident
• $25,000 in property damage liability per accident
• Uninsured/underinsured motorist (UM/UIM) coverage equal to the minimum bodily injury liability

 The minimum coverage limits for standard auto policies issued after January 1, 2026, will increase to:

• $35,000 in bodily injury liability per person
• $70,000 in bodily injury liability per accident
• $25,000 in property damage liability per accident
• Uninsured/underinsured motorist (UM/UIM) coverage equal to the minimum bodily injury liability

2023 New Jersey Auto Insurance Explained

Drivers have two main options regarding auto insurance policies in New Jersey. The first option is a basic auto insurance policy, which provides minimal coverage but is much cheaper than a “standard” auto policy. The basic policy is a special policy to help make limited auto insurance coverage available to drivers who are eligible for Federal Medicaid with hospitalization. Such drivers can obtain a medical coverage-only policy at a cost of $365 a year.

A basic New Jersey auto insurance policy includes:

• $5,000 in property damage liability per accident
• $15,000 in Personal Injury Protection (PIP)
• An option for $10,000 in bodily injury liability

It also provides only a Limited Right to Sue another driver after a crash. The changes to New Jersey’s auto insurance minimum requirements do not affect basic policies.

For those not on public assistance, the minimum requirement is met for New Jersey drivers by the standard auto insurance policy.

The current minimum coverage requirements for a standard auto policy are:

• $15,000 in bodily injury liability per person
• $30,000 in bodily injury liability per accident
• $5,000 in property damage liability per accident
• $15,000 in Personal Injury Protection (PIP)
• An option for uninsured/underinsured motorist (UM/UIM) coverage
• An option for collision or comprehensive coverage

Standard auto policies can include a Limited or Unlimited Right to Sue, depending on how much a driver wants to pay in premiums.

If you are hurt in a crash, your first option for recovering compensation is your PIP coverage. Your PIP pays according to the applicable policy for medical bills and lost wages regardless of who was at fault. Your options for recovering additional compensation depend on your insurance coverage and who caused the crash. If you were mostly at fault for the accident, you will still be able to get your medical bills paid and lost wages from your household auto insurance policy or, if you have none, then from the car you occupied. But if the other driver was to blame, their insurance provider should cover your property damage repairs and certain other losses up to their policy limits.

You may have to file a lawsuit against the other driver to get full compensation. The no-fault insurance policy that applies to you determines whether you can pursue non-economic damages, such as pain and suffering. If that policy has a Limited Right to Sue, you will be subject to the “verbal threshold.” In that case, you must show you suffered a permanent injury before you can sue for your pain and suffering non-economic damages. Drivers with standard auto policies that include an Unlimited Right, also called “no threshold” or “zero threshold,” can sue for pain and suffering after sustaining any injury and need not show a permanent injury.

An important exception is when the accident is caused by a truck or commercial vehicle. In that case, no threshold applies, and an injured person can sue for all injuries, whether permanent or not.

When buying car insurance, it is critical not to buy the minimum amount of Personal Injury Protection (PIP) coverage. The minimum offered is $15,000, but we recommend that everyone purchase $250,000 in primary medical coverage when buying auto insurance.

The law can be tricky to figure out who pays the medical bills for people that do not own, drive, or live with a family member that owns a car. To find the answer to that, we recommend that you visit www.pipulator.com for guidance.

How Will This Change Impact New Jersey Drivers?

New Jersey Advance Media reports that over one million drivers could see their premiums rise in 2023 due to the increase in minimum auto insurance coverage in NJ. Supporters of the insurance changes argue higher premiums are worth it to provide better coverage for injured parties. Still, the full effects of the increased insurance requirements remain to be seen. To learn more about New Jersey’s auto insurance system and how the upcoming changes could affect your policy, contact the NJ car accident lawyers at Davis, Saperstein & Salomon, P.C.

Reach Out to a Knowledgeable New Jersey Car Accident Attorney Today

Have you been hurt in a car accident in New Jersey? Are you worried about how complicated NJ auto insurance laws and regulations could impact your personal injury case? Then contact Davis, Saperstein & Salomon, P.C. today for a free consultation with a car accident lawyer in New Jersey.

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