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Blog Posts in October, 2015

  • Can I Sue if I Fell Off the Treadmill At the Gym?

    The short answer is probably not. Most gym memberships include a clause(s) regarding liability for injuries sustained while engaged in gym activities. The clause typically provides that a member cannot sue for negligence when injured during an activity except if the wrongful act is reckless or grossly negligent. The New Jersey courts have upheld these clauses and dismissed cases against a gym when ...
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  • Levinson Axelrod Makes a Difference in Protecting an Injured Workers Credit

    When a person is injured while working on the job, generally their only remedy is to file a workers’ compensation claim because in New Jersey you cannot sue your employer. Filing a workers’ compensation claim protects an employee in many ways. One of the issues commonly dealt with is getting outstanding medical bills paid before they go into collection. The following scenario occurs often after a ...
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  • Can a Decision in Another Court Impact My Personal Injury Claim?

    The simple answer is yes. When you are injured in an accident, your right to bring a personal injury claim in New Jersey is governed by various laws. The source of the controlling law can come from different sources. Most people are familiar with statutes that are implemented by the State Legislature and regulatory provisions that are established by the various State agencies. However, a less well ...
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  • Partner Adam L. Rothenberg Presented Clients Choice Award by AVVO

    We are proud to announce that our partner Adam L. Rothenberg was presented the “Clients Choice Award” by the internet site AVVO . This award is in addition to his prior designation as a Top Contributor and Avvo Rating of 10.0 out of 10 on the website. Avvo is the internet’s premier website for free legal advice, rating of lawyers and recommendation of lawyers. It functions similar to Yelp where ...
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  • Is My Attorney a Certified Trial Attorney?

    An attorney in New Jersey can become a certified trial attorney by demonstrating experience, education and knowledge in trial practice (which includes personal injury practice and workers’ compensation). The New Jersey Supreme Court will certify an attorney as a certified civil trial attorney when the attorney has met a number of requirements. In order to become a certified civil trial attorney, ...
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  • Court Re-Evaluates What Entities are Entitled to Charitable Immunity

    You may be precluded from being a lawsuit for personal injuries if the entity is shielded by the New Jersey’s Charitable Immunity Act. There are four requirements that must be met for an organization to assert the Charitable Immunity Act. First, the organization must be a non-profit. Second, the organization must be organized exclusively for religious, educational or charitable purposes. Third, ...
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  • Make Sure your Kids Wear their Bicycle Helmets

    Bicycle riding is a fun recreational activity that can be enjoyed by young and old alike. Unfortunately, many kids do not wear a helmet while riding their bikes because they think that they don’t look cool and will be teased by their friends if they wear a helmet or because it is uncomfortable. This can have tragic consequences to a young life. The Centers for Disease Control and Prevention ...
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  • October is National Breast Cancer Awareness Month

    October is National Breast Cancer Awareness Month. Here at Levinson Axelrod, we join in the American Cancer Society’s efforts to raise awareness of the importance screening for breast cancer. This blog focuses on a diagnostic breast x-ray called a mammogram. One of the key tools that doctors use to diagnose small breast cancers is a mammogram. A mammogram is an x-ray specially designed to ...
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  • I Was Injured in My Employer's Parking Lot, Am I Eligible for Workers' Compensation?

    Injuries and diseases resulting from an accident are considered work related if they occur during the course of employment and arise out of that employment. The first question is, why does it matter if the injury occurs in the course of my employment? If your accident occurs during the course of your employment, you will likely be eligible for workers’ compensation . Workers’ compensation will ...
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  • If I Get Injured on Public Property, Do I Have to Notify Someone of the Claim or Be Barred?

    Yes. The recent Appellate Court decision in Swaminathan v. State of New Jersey (2015) reminds us of the extremely strict notice requirements on the New Jersey Tort Claims Act (“TCA”). The TCA requires that persons who have claims against public entities meaning the State, county, municipality, district, public authority or agency and any other political subdivision or public body in the State and ...
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  • How Can I Get Paid When I Am Out of Work Due to a Motor Vehicle Crash?

    Following serious trauma like an auto accident, many doctors are understandably hesitant to release injured patients back to work right away. This creates a dilemma for many wage-earning workers, particularly those who are non-salary and do not have any short-term disability benefits through their employer. Thankfully, many auto policies in New Jersey carry a type of coverage known as Income ...
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  • The Appellate Division Provides Clarity to the Good Faith Immunity in Caicedo v. Caicedo

    When you are injured as a result of the negligence of an employee of a State, county, or municipal entity or agency, your claim for personal injuries is governed by the New Jersey Tort Claims Act. The Tort Claims Act provides public entities and their employees with various immunities that relieve them of liability for their negligent acts and omissions. One such immunity provision that is set ...
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  • The Future of Full Social Security Benefits is Questionable

    The ability of the Social Security Administration to pay full benefits, both retirement and disability , in the future is questionable. This article briefly explains how these benefits are funded, issues facing future benefits, and issues surrounding potential solutions. Currently, 11 million Americans receive disability benefits through Social Security, either Social Security Disability Insurance ...
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