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Blog Posts in September, 2015

  • Protect Emergency Personnel, Tow Truck Drivers, and Highway Maintenance Personnel by Slowing Down and Moving Over when They are Working on the Side of the Road.

    A common sight along our congested roads is the presence of emergency vehicles, tow trucks, and work trucks on the side of the road with their lights flashing while a police officer, tow truck driver, or other worker is performing his or her duties. This is an extremely hazardous situation for police officers and other workers because they have to work alongside fast moving vehicular traffic ...
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  • The Myths of the McDonalds Hot Coffee Case

    One of the most discussed personal injury lawsuits in history involved a cup of coffee from McDonalds. In February 1992, Stella Liebeck purchased a cup of coffee from a McDonalds drive through, while a passenger in her grandson’s car. While attempting to remove the lid off the cup to add cream and sugar, the entire cup of coffee spilled in Stella’s lap, soaking her sweatpants and causing third ...
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  • PIP Covers More Than Just Medical Bills

    Anyone who has been through the ordeal of being injured in an auto accident is probably familiar with Personal Injury Protection (“PIP”) benefits. In New Jersey, your own insurance company is likely responsible for your medical bills, regardless of who caused the accident. What many victims may not realize is that their auto insurance may also cover the costs of medical devices, medications and ...
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  • Many A&P Workers Jobs Were Saved

    In July 2015, A&P filed for bankruptcy in United States Federal Bankruptcy Court, leaving many workers concerned about their jobs. This week, reported that Federal Judge Robert Drain approved the sale of 95 of the A&P owned stores, including 39 in New Jersey, to Acme and Stop and Shop. As a result of this approval, nearly 11,000 people will keep their jobs. Additionally, it is also ...
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  • Consequences of Not Properly Insuring Your Vehicle

    Every owner or registered owner of a motor vehicle that is either registered or principally garaged in New Jersey is required to maintain insurance that provides liability coverage, uninsured motorist benefits, and personal injury protection benefits. There are various fines and penalties that may be imposed for failing to maintain this required insurance. Many people are aware of the penalties ...
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  • Is A Workers Compensation Case A Lawsuit Against My Company?

    No it is not. Filing a workers compensation case is a claim filed with the NJ Department of Labor and is an Administrative procedure to process all work related injuries. Since it is not a lawsuit filed in the Court system of the State of NJ, these claims have their own rules, procedures, and special court system. Employers are required to carry workers’ compensation insurance so in most cases ...
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  • Some Motorists Are Operating On Our Roads With Little Or No Liability Coverage

    Most people are familiar with the liability coverage of their motor vehicle insurance policy. Liability coverage protects other motorists who suffer damages in an accident that you cause. BE AWARE that not all policies contain liability coverage and if they do, that coverage can vary greatly. For instance, you could be hit by someone who has what is called a basic policy which has only $15,000 in ...
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  • New Jersey Appellate Division Rules that Limo Diver is an Independent Contractor

    To have a Worker’s Compensation claim in New Jersey, an injured worker must show that their significant and permanent injuries arose from the course of their employment. One of the defenses to Worker’s Compensation is that the injured worker was an independent contractor, and thus, the employer is not responsible for their injuries. The New Jersey Appellate Division recently ruled in a case named ...
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  • Your Auto Policy May Prevent You from Bringing a Lawsuit for Your Injuries

    There is a little know provision in most personal motor vehicle insurance policies that prohibits you from bringing a lawsuit for injuries sustained in a motor vehicle accident. Each insurance company calls it something different. Some commons terms for this provision are “limitation on lawsuit”, “limited tort option”, “limited right to sue” and “verbal threshold”. Regardless what your insurance ...
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  • Public Safety Officers' Benefit Program Provides Death, Disability and Educational Assistance When Injury Happens on the Job!

    The Public Safety Officers’ Benefit Program provides benefits to Public safety officers (PSO) and their families if the PSO is injured or killed in the line of duty. This program first enacted in 1976 and subsequently expanded is designed to assist in the retention of PSO’s, establish their value in the community and offer peace of mind to the men and women in those lines of work. There are very ...
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  • New Jersey Torts Clams Act-"A Trap for the Unwary?" - Part II

    The New Jersey Supreme Court made the obligations of state-employed physicians absolutely clear. If those doctors wish to seek protection under the Act, then they must advise their patients, both orally and in writing, that they are employees of the State of NJ as soon as practicable. Additionally the Court opined: “It would also be helpful if clinical professors wore badges identifying themselves ...
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  • New Jersey Tort Claims Act-"A Trap for the Unwary?" - Part I

    Rights of the medical malpractice plaintiff in New Jersey are limited by the provisions of the New Jersey Tort Claims Act (“TCA”), also known as Title 59. The Act requires that anyone intending to sue The University of Medicine and Dentistry of New Jersey in Newark (“UMDNJ”), Rutgers Medical School and/or any of its closely affiliated hospitals, or its faculty, fellows or residents needs to file a ...
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  • The Hidden Surprises in Your Health Club Membership

    You decide it’s time to get back in shape so you decide to join one of the local gyms in the area. You happen to join one of the big name fitness clubs and sign all the papers that the put in front of you on your first day. While working out one day, the machine you are using malfunctions causing you to sustain a severe bodily injury. The gym staff apologizes to you and admits that the machine was ...
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  • NJ New Car Seat Law Clarifies How Long Children Must Remain in a Car Seat

    On September 1, 2015, a new law governing the use of child safety car seats took effect in New Jersey. Under the new law, specific seating requirements are set out that dictate how a child must sit in a car depending on their age and weight. The most significant change for families with small children is the requirement that children under 2-years and 30 lbs. must sit in a rear-facing child safety ...
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  • What is the Effect of Agreeing to Keep My Settlement Confidential?

    Typically settlements do not need to be kept confidential and can be discussed with anyone including family, friends and the press. Occasionally, a defendant may seek to include a confidentiality provision in a settlement agreement. While the decision to agree to a confidential settlement should be made on a case-by-case basis by a litigant and their attorney, it is important to know the ...
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  • Happy Labor Day from Levinson Axelrod

    Labor Day, the first Monday of September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly tribute to the contributions of workers to our national prosperity. It was first introduced in New Jersey in 1887. In 1911, the Labor movement also successfully help pass New Jersey’s Worker’s Compensation laws for those ...
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