Frequently asked questions

In New Jersey, bicyclists have important rights and duties outlined in Title 39 of the Motor Vehicles and Traffic Regulation laws. Some of the most important bicycle laws for both riders and drivers include:

• Safe Passing: Because bicyclists have the same rights as motor vehicles, motorists who wish to pass them must treat them like a slow moving vehicle, and abide by rules for safe passing.
• Checking for Riders: Drivers of motor vehicles should take reasonable care to look for bicyclists before making a driving maneuver, especially at intersections.
• Safe Following Distance: Motorists should provide a reasonably safe distance and avoid getting too close to riders.
• Bike Lanes: Drivers should not park in or block designated bike lanes, and should not drive in bike lanes in order to pass other motorists.

In New Jersey, bicyclists have important rights and duties outlined in Title 39 of the Motor Vehicles and Traffic Regulation laws. Some of the most important bicycle laws for both riders and drivers include:

• Rights and Duties of Persons on Bicycles (39:4-14.1). Every person who rides a bicycle on a roadway has the same rights and responsibilities as drivers of motor vehicles.
• Operating Regulations (39:4-14.2, 39:4-10.11). Bicyclists must right as near to the right of the road as practicable, and may move left to (1) make a left turn from a left turn lane or pocket, (2) avoid debris, drains, or other hazards, (3) to pass a slower moving vehicle, (4) occupy any available lane when traveling at the same speed as other traffic; 6) travel no more than two abreast when traffic is not impeded.
• Helmet Law (39:4-10.1). All cyclists under 17 are required to wear a helmet.
• Lights on Bicycles (39:4-10). When ridden at night, bicycles must have a front headlight and a rear red light visible from at least 600 feet away.
• Riding on Sidewalks. Cycling on sidewalks is not prohibited by state law, but some municipalities don’t allow bicycle traffic on specific sidewalks.

In the context of cancer, there are many ways providers may fail to meet the standard of care.

Some examples of cancer-related medical negligence include:

• Failure to properly evaluate a patient and conduct a medical history
• Failure to order necessary tests, including bloodwork, biopsies, and imaging
• Testing and radiology errors
• Incorrectly interpreting test results
• Failure to refer patients to specialists
• Failure to perform a differential diagnosis
• Identifying cancerous lesions, growths, or biopsies as benign
• Failure to diagnose skin cancer, breast cancer, or colorectal cancer

While it can be difficult to predict or prevent a misdiagnosis, there are steps patients can take to help themselves. Often, individuals take their doctor’s judgment as the only answer. However, they can make mistakes.

Tips to minimize misdiagnosis:

• Know your medical history – It is important to know if your family has any history of serious medical conditions. Take the time to find out, if you do not know. If you do not have access to that information, look back to your own past health records.
• Write down symptoms before meeting with your doctor – It can be easy to forget specific details when you speak to your physician. Writing your ailments will ensure you give your doctor a comprehensive understanding of what troubles you.
• Ask, “what else can it be?” – Asking questions can prove helpful in opening avenues to other conditions. Asking your doctor what else the symptoms may mean can have them think of alternatives.
• Get a second opinion – If you believe that your doctor may have missed something about your condition, get a second opinion. Someone else may be able to recognize something your initial physician missed.

Failing to meet the standard of care can subject medical providers to liability for injuries and losses suffered by victims.

This includes cases involving:

• Patients who failed to receive any treatment for cancer
• Unnecessary surgery such as a hysterectomy, mastectomy or lumpectomy
• Delayed treatment, causing the cancer to metastasize and spread
• Shortened life due to a lack of treatment or necessary surgical intervention
• Damage from chemotherapy when it was not needed
• Wrongful death

By holding providers liable for damages such as:

• Medical expenses and future medical care
• Lost income and future earnings
• Physical pain and suffering
• Emotional anguish and loss of quality of life
• Loss of consortium and emotional / financial support
• Other economic and non-economic damages

Personal Injury Protection benefits, also known by the acronym P.I.P.  are art of your "No Fault" benefits designed to cover the costs of your accident-related medical expenses.  These benefits apply regardless of who was responsible for causing your accident to occur.  How much coverage you will be provided is governed by your specific policy and New Jersey law. To obtain these benefits, you must file a P.I.P. application for them with your automobile insurance company.

PIP provides the following benefits after accidents:

• All reasonable hospital and medical related expenses
• Lost wages for a maximum of 52 weeks
• Reimbursement for any essential services needed (child care, housework, etc.)
• Up to $1,000 in funeral costs if death occurred
• Up to $10,000 in income continuation benefits

If you have been in a motor vehicle accident where neither you nor the negligent driver has any automobile insurance coverage, you may have the option to file a claim with the New Jersey Property-Liability Insurance Guaranty Association (N.J.P.L.I.G.A). You will need to file a Proof of Claim (POC) with the Liquidator to begin the claims process. They will then forward this claim to NJ PLIGA for review.

Although you may be concerned with filing a claim as soon as possible, it's worth discussing your case with a New Jersey auto accident attorney first. You may have other options for recovering additional compensation.

Whether you suffered from broken bones, a spinal injury, or an injury to your head or one of your joints, financial compensation may be available to cover your medical bills, the costs of rehabilitation, and your lost income and future earnings. You may also recover compensation for non-economic damages such as your pain and suffering and loss of enjoyment and the quality of life.

• Distracted driving
• Drunk driving
• Speeding
• Reckless driving
• Bad weather
• Inexperienced drivers

• Report the accident to the police
• Get medical assistance and treatment, if necessary 
• Collect evidence, such as photographs, if it is safe to do so 
• Consult with an experienced automobile accident attorney

While all injury cases can involve heavy financial, physical, and emotional burdens, catastrophic injuries often result in more extreme costs and damages. As such, victims of such injuries may be able to obtain more than just compensation for medical expenses, lost wages, and pain and suffering. In some cases, an individual may be able to obtain punitive damages or file a per quod claim.

A per quod claim can be filed on behalf of a spouse, child, or other dependent of the injured party. For example, if a husband suffered paralysis in an accident, his wife may be able to file a per quod claim for the loss of services and support. These damages would cover the hypothetical loss of income and support that the husband would have provided had he not been paralyzed.

Similarly, punitive damages are awarded in extreme cases in which:

• Gross negligence has occurred;
• The court is seeking to punish the responsible party; and/or
• Malice, deceit, or reckless behavior caused the injuries.

The purpose of punitive damages is to not only award the victim with further compensation, but to send a message and discourage acts of such gross negligence in the future. Punitive damages may be awarded when gross negligence is present, which is any extreme disregard or indifference to the safety, life, or rights of others. It may also be awarded in cases in which intentionally malicious actions caused the injuries.

While workers’ compensation may cover your basic medical costs and temporary wages if you suffer a work-related injury, it often doesn’t cover extensive damages that can occur in severe construction accident cases. There are other legal options outside of workers’ compensation. In cases where a third party was involved, you can pursue a claim against them on top of your workers’ comp claim.

Common third parties in construction accidents include:

• An equipment manufacturer or distributor
• A second contractor or other company who supplied faulty services
• The other driver in a vehicle accident
• General contractors who failed to adequately supervise
• Any other outside party who contributed to your injuries

Identifying a third party and proving their liability can be challenging, especially without a qualified injury attorney on your side. The good news is that our firm has more than 80 years of experience and a track record of success. We know how to obtain compensation for our clients both in and out of the courtroom. Our attorneys can investigate your construction accident and help you develop a compelling claim for compensation.

When a worker is injured on the job due to someone else's negligence, they may be entitled to compensation for their medical bills, lost wages, and other damages. Unfortunately, recovering this compensation can be difficult without help from an experienced New Jersey construction accident attorney. A qualified lawyer can help workers understand their rights and options under the law, as well as provide guidance on how to best pursue a claim for compensation after suffering an injury in a workplace accident.

If you suffered a construction site injury, an attorney can help you:

• Investigate the accident to identify all responsible parties
• File workers' compensation claims on your behalf
• Gather evidence, including photos of the accident site, safety reports and witness testimonies
• Negotiate a fair settlement with insurance companies or other defendants
• Represent you in court if necessary
• Help you understand your legal rights and obligations
• Assist with filing third-party injury claims against subcontractors, suppliers or manufacturers
• File appeals or seek additional compensation when needed
• Advise on what benefits may be available under Workers’ Compensation laws
• Provide emotional support throughout the process

With decades of experience representing injured workers across New Jersey, Levinson Axelrod, P.A. is here to fight for you and your family’s interests when you need it most.

Some people don’t realize right away that they have legal options to pursue financial recovery after a dog attacks them. Their primary focus may be getting medical attention and care. After that, questions may start to arise. Who is responsible for the dog? Will you have to pay for medical expenses out of pocket? What can you do to hold the owner accountable? That is where Levinson Axelrod, P.A. comes in. Our New Jersey dog bite lawyers understand dog bite cases and can guide you through this time.

Yes, New Jersey law stipulates a two-year statute of limitations for filing a dog bite injury lawsuit, starting from the date of the bite. If the victim was a minor at the time of the attack, they have two years from their eighteenth birthday to file a claim. It's crucial to act promptly and contact Levinson Axelrod, P.A. to ensure your claim is filed within these legal time frames.

In most cases, the dog owner's homeowner's insurance policy will cover the damages awarded in a dog bite injury claim, not the owner personally. This means that compensation for your injuries typically comes from the insurance company, which Levinson Axelrod, P.A. can help negotiate with to ensure you receive a fair settlement.

Levinson Axelrod, P.A. provides comprehensive assistance with dog bite injury claims in New Jersey. Our legal team will ensure you receive the best medical care, gather evidence, identify the dog owner, take legal action, prepare your case for trial, and negotiate a settlement if possible. We are dedicated to guiding you through each step and fighting for the compensation you deserve.

Compensation for a dog bite claim in New Jersey can cover various damages, including medical expenses, lost wages, pain and suffering, and emotional distress. The exact amount depends on the specifics of your case, such as the severity of the injury and the impact on your life. Levinson Axelrod, P.A. can help assess the full extent of your damages to ensure you seek the maximum compensation available under the law.

While every personal injury case is unique, there are certain factors that remain consistent. For example, you should always make sure to see a medical professional (preferably a different one in cases of medical negligence) to get the care and treatment you need. After that, make sure you record and document everything as best as possible.

Were you hurt in a car accident? Take pictures of the scene of the collision and get the contact information of witnesses. Was your loved one neglected in a nursing home? Request the reports regarding their care so that you can keep a record of them. Were you hurt on the job? Report it to your employer as soon as possible to protect the validity of your claim.

Keeping track of important information related to your case and making sure you see a doctor can all be crucial in ensuring you can bring a valid claim forward in the future. Most importantly, you should discuss your case with a NJ personal injury attorney if you think your injuries were caused by negligence or malicious actions.

The Supreme Court of New Jersey has set a fee schedule for attorneys who represent clients with personal injury cases. The fee is contingent upon winning the case through settlement or jury verdict. Therefore, if the case is unsuccessful, there is no fee. If the case is successful, the attorney will charge a 33% fee after deducting litigation expenses from the settlement amount. Fees for infants and incompetents are generally 25%, not 33%.

Personal injury litigation is complicated. You should look for a personal injury lawyer who has been certified by the Supreme Court of the State of New Jersey as a Certified Civil Trial Attorney. Levinson Axelrod, P.A. is fortunate to have a Certified Civil Trial Attorney at each of our eight neighborhood offices.

Since all personal injury cases are different, telling you the exact worth of your case is nearly impossible. You should be very wary if a legal professional guarantees you any specific amount of compensation prior to accepting your case. At our firm, we look at a number of different factors to provide you with an idea of the potential value of your case.

These include the amount of medical expenses caused by the defendant's actions, pain and suffering, lost wages and earning potential, the cost of any future medical or related expenses, loss of consortium, an even punitive damages in extreme cases. While we cannot give you a specific dollar amount, we can give you an estimate of what your case could possibly be worth if it were to go to trial or be settled out of court. At the end of the day, the final amount will have to be decided by a jury or through a settlement.

All you have to do is call us at one of our eight neighborhood offices and speak with one of our NJ personal injury attorneys. If you would rather come to the office, just call and make an appointment. Of course, the consultation is free. If you would rather not speak to an attorney initially, you have the option of filling out a form for a free consultation. It is always best to contact us as soon as you can so we can start an investigation.

A personal injury is an injury to you—and it can happen in a hundred different ways. A NJ personal injury lawyer will help explain what your rights are and help you to handle lost wages, medical bills, and, of course, the claim against the person who caused your injury. Call us directly at one of our eight convenient neighborhood offices or make an appointment for a free consultation. We are here to help you however we can.

A New Jersey malpractice attorney can help you by guiding you through the litigation process, representing you in court, and gathering the necessary documentation required to prove that your injuries or loss resulted from medical malpractice.

The following are more benefits to hiring a New Jersey medical malpractice attorney:

• Your lawyer can handle all the paperwork related to your case
• Your attorney can negotiate with the insurance companies on your behalf
• Your lawyer can determine the value of your claim
• Your attorney can help you obtain the best possible settlement
• Your lawyer can ensure you do not make any mistakes during the legal process

If you or a loved one were have a potential medical malpractice case, it is important to seek a legal evaluation sooner rather than later. Not only can this help ensure that investigations can begin immediately, it can also help you avoid any issues involving the statute of limitations.

In New Jersey, the statute of limitations is essentially a time deadline by which victims must bring their claims.

• Victims have 2 years from the date they became reasonably aware that negligence caused their injuries to bring a medical malpractice lawsuit.
• In cases involving minor victims, a medical malpractice lawsuit must be brought within 2 years of the child’s 18^th birthday.
• In cases involving birth injuries, victims must file claims by the child’s 13^th birthday.

Determining when cause of action accrues in a medical malpractice case isn’t easy. To ensure you have an understanding of the time limitations in place, speak with an attorney from our offices.

Plaintiffs who bring medical malpractice actions must generally prove:

1. The health care provider owed the Plaintiff a legal duty of care.
2. The provider was negligent in failing to meet the duty of care.
3. Medical negligence was a substantial cause of injury.
4. Plaintiffs suffered damages as a result.

A patient only has a viable medical malpractice claim if they suffered injuries. They must also be able to prove that a provider was negligent and that negligence was a substantial cause of their injuries.

Because not every injury that occurs in a medical setting constitutes malpractice, it can be difficult to know when you might have a case. Consulting with malpractice lawyers in New Jersey is the most effective way to determine if you have a medical malpractice case in NJ. Levinson Axelrod, P.A. represents victims cases involving injury and wrongful death arising from medical malpractice. Contact us for a FREE case review.

• Investigate the nursing home records and reported incidents
• Gather evidence to create a strong claim
• Bring forward a case against the negligent parties
• Stand up for you and your loved one in court if necessary
• Provide strong and strategic negotiation skills
  

Despite many nursing home facilities’ best intentions to provide adequate care, elder abuse, neglect, and mistreatment is a growing problem in New Jersey. Our elder abuse attorneys are here to stand up for victims of this neglect and ensure justice is served in their cases.

If you believe your loved one’s nursing home has been neglecting or abusing these rights, you need to seek legal assistance right away. Levinson Axelrod, P.A. stands up for victims of nursing home negligence and abuse, providing compassionate and reliable counsel. With 80 years of experience, you can rest assured that your case is in good hands when you chose us to represent you.

How Levinson Axelrod, P.A. can help with your nursing home abuse case:

• Investigate the nursing home records and reported incidents
• Gather evidence to create a strong claim
• Bring forward a case against the negligent parties
• Stand up for you and your loved one in court if necessary
• Provide strong and strategic negotiation skills

Despite many nursing home facilities’ best intentions to provide adequate care, elder abuse, neglect, and mistreatment is a growing problem in New Jersey. Our elder abuse attorneys are here to stand up for victims of this neglect and ensure justice is served in their cases.

There are many signs on physical abuse in a nursing home, and many times those signs are accompanied by changes in behavior or personality. Your loved one may experience heightened tension with their caregiver as well. Depending on your loved one's physical or mental state, they may be unable to articulate their abuse to you.

Here are some common signs and symptoms of physical abuse:

• Bruising, welts or scars on the body
• Broken eyeglasses
• A caregiver refusing to allow you to be alone with your loved one
• Failure to administer necessary medications
• Unexplained injuries (broken bones, sprains, dislocations, etc.)

Nursing home neglect is any refusal or failure to provide adequate care. Neglect may also extend to financial duties if a person has been given the responsibility to pay for bills or other financial obligations. In cases of nursing home neglect, this usually manifests as the nurses or staff not providing basic and expected life necessities to residents, such as water, food, personal hygiene, medications, comfort, and clothing.

If your loved one is in the care of a nursing home, make sure you are aware of their living conditions and always follow up on suspected incidents of neglect. The sooner you report the issue and take action on it, the stronger your case will be.

Pedestrian accident victims who bring personal injury lawsuits seek a financial recovery of their damages. As victims of negligence, plaintiffs in these cases are entitled to compensation for both their financial and non-economic damages. This includes losses such as:

Because pedestrians lack any form of protection or safety equipment to shield them from suffering severe injuries such as traumatic brain injuries, spine injuries, and broken bones, it is often the case that victims with pedestrian accident claims seek considerable sums for their extensive losses.

This is due in large part to injuries that leave victims with permanent disabilities, the inability to work or perform the same type of work they did prior to accidents, and a variety of expenses and losses they are likely to incur in the future.

In claims involving catastrophic injuries, Levinson Axelrod, P.A. takes great care to pursue the compensation families need, and works with medical experts to calculate the full scope of any future medical needs our clients will face due to their injuries.

Supplemental Security Income is designed for individuals who are over the age of 65, blind, or disabled, and have low income and few resources. Your income is one of the deciding factors regarding your application for SSI. This includes wages, Social Security disability benefits, pensions, and assets such as shelter or food. Resources are the other factor. This includes bank accounts, real estate, stock, bonds, and cash.

Individuals living in a rest home, halfway home, or in prison or jail may not qualify to receive SSI.

Applications for either Social Security Disability Insurance or Supplemental Security Income may be appealed if the initial application is denied. This is where a lawyer becomes critical to your case. At Levinson Axelrod, P.A., our team helps clients navigate initial applications and appeals if necessary.

Unfortunately, not all individuals are eligible to apply for Social Security disability benefits due to the types of jobs they have. Some employees work in certain situations that don’t qualify under the requirements set forth by the Social Security Administration.

Jobs not covered by Social Security may include, but are not limited to the following:

• State government workers
• Local government workers
• Federal employees
• Railroad employees
• Family business employees under the age of 21

There are some circumstances in which these jobs may be affected, so discussing your case with a lawyer may be beneficial. For example, some local and state governments make the decision to opt out of Social Security coverage and their employees would not qualify. If you know that you do not qualify for Social Security benefits because of your occupation, you shouldn’t begin the application process.

When someone applies for Social Security Disability benefits, the Social Security Administration will determine if the individual qualifies, taking a number of factors into consideration. The Social Security Administration considers the following:

• Available programs: Factors like the length of time worked or income and assets available determine whether an individual is eligible for Social Security Disability, Supplemental Security Income or both.
• Work history: The duration of work test is the general basis the SSA uses to determine if an individual is eligible to apply for Social Security Disability Insurance. This test requires an individual to have worked approximately five of the last ten years. Individuals who have never worked may be eligible for Supplemental Security Income.
• Assets available: Supplemental Security Income is a “means-based” program, meaning the Social Security Administration will evaluate an individual’s financial resources to determine if an individual qualifies for SSI benefits.
• Evaluation of work activities: If you are applying for SSDI or SSI benefits, you must not be able to perform “substantial gainful activity” (work). This includes performing your old job and not being able to adapt to a new job. For example, if you hurt your leg, but can still perform a job that allows you to sit during the day, your application may be denied.
• Medical condition: The Disability Determination Services office will determine if your disability is enough to keep you from performing work duties and if it warrants benefits.

If your Social Security Disability claim was denied, don’t give up hope. You have the right to appeal a denial from the SSA. Our New Jersey SSD lawyers at Levinson Axelrod, P.A. can help you do that.

To bring forth a valid civil lawsuit, you will need to prove the following elements:

• A duty of care was owed to you: A “duty of care” simply means that the other party was obligated to act with care for your safety. For surgical error cases, this is most often evidenced by a doctor-patient relationship between you and the surgeon.
• The duty of care was violated: When a surgeon makes a surgical error, they have violated their duty of care to you through their negligence. As mentioned, their employer has also violated this duty by failing to protect you (the patient) from harm.
• You were injured and incurred damages: You must prove that the surgical error directly caused your injuries and damages. Often, in an attempt to shift the blame over to you, the surgeon/hospital will claim that your injuries were sustained elsewhere or that your damages were not so bad.

Although the surgeon is the one who caused you injury, often the hospital at which they work will be considered liable. This is because the surgeon was acting on the hospital’s behalf, and therefore, the hospital had a duty of care to you (its patient) to provide you with reliable and attentive medical care. If a surgeon was inadequately trained or simply negligent, the hospital should have known and acted to protect its patients, including you. The same applies to clinics and other health care centers that employ surgeons.

Because large trucks can cause such catastrophic damage to other motorists in the event of an accident, truck drivers are required to follow more laws both on and off the road than other motor vehicles are required to follow. One of the most notable laws for truckers is called the hours of service regulations. The main purpose of this rule is to prevent fatigued driving, a major cause of truck accidents on the road today. Thus, the laws are aimed at ensuring that truck drivers are not overworked and are rested enough to be on the road. According to this law:

• Truck drivers can work a maximum of 14 hours in a single workday. Of these 14 hours, however, truckers can only drive for 11 hours, with the remaining time spent on meal or rest breaks
• Truck drivers must rest for at least 10 consecutive hours before beginning a new workday
• Truck drivers are required to take days off work at regular intervals

Unfortunately, whether due to negligence or pressure from trucking companies these rules are not always followed which can lead to accidents on the road. If you have been injured, contact our firm for help today and discuss the details of your case during a free consultation.

While the specific amount of compensation you can recover after an accident is widely dependent on the specifics of your case, the types of damages an accident victim can pursue in a personal injury claim remains relatively consistent. There are three general categories of damages: economic damages, non-economic damages, and punitive damages. Economic damages deal with the financial losses associated with your injuries. These include things like unpaid medical expense and lost wages.  Non-economic damages are compensation for your non-economic damages, such as pain, suffering, disability and the loss of enjoyment of life.  Unlike compensatory damages, punitive damages are not intended to compensate the victim but instead punish the wrongdoer for especially egregious actions or omissions.   

Other examples of economic and non-economic damages may include:

• Vehicle and other property damage
• Lost wages
• Loss of earning capacity
• Cost of hiring a caregiver if you have a severe disability
• Lost enjoyment of life
• Loss of companionship
• Physical pain
• Emotional suffering

New Jersey is one of about a dozen states in the U.S. that has a no-fault system in place. No-Fault refers to the manner in which an accident victim's medical expenses are paid following an automobile related accident. Rather than having to prove that the other party was liable before being able to obtain medical treatment, a victim's medical expenses are paid by their own automobile insurance carrier, regardless of fault.  As the number of drivers insured by various automobile insurance carriers is proportionate throughout the state, the costs of these medical claims balances out and accident victims are able to receive their much needed medical treatment immediately.    

The portion of your automobile insurance policy that is required to pay for your accident-related medical expenses is called "Personal Injury Protection" or P.I.P. for short

Injury victims do have an option to step outside the PIP system and file a truck accident claim against a negligent driver if their case meets certain prerequisites. These requirements generally all revolve around the severity of an injury, and since truck accidents usually result in catastrophic injuries, chances are you will most likely have the option to file a claim. A New Jersey truck accident lawyer form our firm will be able to inform you or your rights and options!

• Speeding
• Distracted driving
• Driving aggressively
• Driving while tired
• Inclement weather
• Road conditions
• Driving under the influence

Trucking companies and commercial insurance carriers are in the business of risk. They know that  accidents pose threats to their bottom line, and will deny, dispute, and even underpay claims whenever they can. Without an attorney, you not only risk being taken advantage of by insurance carriers, you also lack leverage to compel them into paying you everything that you legally deserve.

Levinson Axelrod, P.A. has been serving accident victims in New Jersey since 1939. We have cultivated a network of experts, investigators, and medical specialists who help us build the strongest possible claims. With our experience negotiating settlements and litigating trucking cases at trial, our opponents know they’re in for a fight, and are much more willing to treat our clients fairly than if they did not have our representation.

The value of a truck accident lawsuit, or any personal injury lawsuit for that matter, depends upon a variety of factors specific to your particular case. In general, victims of personal injury are entitled to compensation for damages such as:

• Past and future medical bills
• Past and future lost wages
• Pain and suffering
• Lost quality of life arising from disability or disfigurement
• Other financial and emotional losses arising from the accident

Trucking companies responsible for accidents are often times represented by their insurance companies. These insurers owe their policyholders a duty of good faith, but they owe no such duty to you.

Because they are corporations, they may be tempted to put profits over people.  Insurance companies may go to great lengths to pay accident victims as little as possible, even if their injuries are worth more than they are offering.  If you are contacted by an insurance company, remember:

• You are not required to speak with a defendant’s insurer.
• Your attorney can handle communications with insurers on your behalf.
• You do not have to accept a settlement offer, especially before you know the full extent of your damages.

Insurance companies want to settle truck accident claims as quickly and as cheaply as they can. This is because they know truck accident victims can suffer serious if not catastrophic injuries, and that trucking lawsuits pose the threat of big payouts. If you have been made an offer, our attorneys can help you determine if it is fair, or discuss how you may be entitled to more.

Determining what caused a truck accident and who is liable for your damages can be a challenging task. Determining fault requires attorneys to review police reports, witness testimony, and other available evidence. It may require independent investigation and accident reconstruction, or the insight of experts.

It also demands legal insight to identify appropriate defendants, available insurance, and cause for action. Examples of parties that may be held at fault in truck accident lawsuits:

• Negligent truckers and the companies that employs them.
• Trucking operators that violate federal regulations.
• Negligent third-party services contracted by trucking companies to perform vehicle maintenance or handle distribution and cargo-loading.
• Automakers or vehicle part manufactures responsible for product defects.
• Negligent subcontractors who cause trucking accidents on multi-employer worksites.
• Premises owners responsible for hazards that cause truck accidents on private property.

Workers with occupational illnesses can obtain benefits for:

• Medical expenses for reasonable and necessary treatment;
• Temporary disability benefits when they are out of work;
• Compensation upon a finding of the nature and extent of a permanent illness.

Though workers’ compensation is the most common source of benefits for those who suffer work-related illnesses or injuries, there may be options to pursue civil lawsuits against a third party.

Known as third-party claims, these civil lawsuits are separate from any workers’ compensation case, and are filed against a party (who is not the worker’s employer) alleged to have negligently caused the worker’s harm. Third-party claims can arise in many different situations. Examples include:

• Cancer caused by a pesticide found to contain carcinogens.
• Exposure to harmful substances contained in defective or unsafe products; and
• Exposure to toxins or other hazards on property owned by a third party (premises liability).

In light of the novel coronavirus pandemic, there have been many questions about whether workers’ compensation may cover workers who contract COVID-19 in the course of performing their jobs. The answer, as with any other legal matter, will depend on the unique facts involved.

Though a personalized case evaluation with an attorney can help determine whether you may have a valid COVID-19 claim, there are some important considerations. This includes:

• The Canzanella Bill: The Canzanella Bill, which Partner Richard J. Marcolus helped pass in 2019, protects First Responders who suffer from diseases acquired as the result of exposure to toxins, carcinogens, and other health hazards. This would include COVID-19. What’s more, the law contains a legal presumption that exposure and diseases experienced by first responders are work related, making them eligible for benefits. Partner Marcolus is currently lobbying for legislation that would expand the definition of “first responders” to include other front line workers who provide essential services during the pandemic, and contract COVID-19 as a result.
• Proving Work Exposure: Though the Canzanella Bill applies only to first responders, workers who work in high-risk industries or who are exposed to the coronavirus while performing work-related duties may still have the ability to obtain benefits if they can prove they contracted COVID-19 through their jobs. Physicians, nurses, home health aides, test-site workers, and others who contract the disease can work with our attorneys to explore their options.

In workers’ compensation claims, claimants must prove their work was a substantial contributing factor in causing their illness. An example would include a construction worker diagnosed with mesothelioma after working for years with materials containing asbestos, or a coal worker who develops pneumoconiosis from inhaling contaminants.

Overcoming this hurdle requires extensive preparation. At Levinson Axelrod, our team works collaboratively to conduct investigations, ensure clients receive independent medical evaluations, and consult with relevant experts. We also work meticulously to gather and preserve evidence and documentation needed to support claims.

Workers’ compensation offers benefits to those injured on the job and those who develop occupational diseases, regardless of who is at fault. An employee is eligible for workers' compensation regardless of if they work full-time or part-time, and they do not have to be employed for any specific length of time. On the other hand, independent contractors, consultants, and freelancers are not eligible for workers' compensation, unless they have gotten their own Worker’s Compensation insurance policy.

The ways people can get hurt or sick due to work are limitless. Over the years, we have handled all types of slips and falls and lifting incidents, but also more unique cases like occupational illness claims, work-related fights, and even death claims. The most common thread is that the injury or illness must arise from the course of the employment. If it does, Levinson Axelrod is committed to getting the benefits the injured worker is entitled. 

Some workplace accidents are the result of a third party’s negligence, such as an outside contractor or a property owner. In these situations, injured workers and families may have the right to seek justice and compensation through civil lawsuits, allowing for financial recoveries beyond what workers’ compensation provides, such as damages for pain and suffering. Since these lawsuits require victims to prove that a defendant was negligent, legal representation and clear and convincing arguments are critical.

The NJ workers' comp attorneys at Levinson Axelrod, P.A. can help you determine if you qualify for a third-party case, as we have experience pursuing workers’ comp claims and civil lawsuits.

If you've been injured at work, it may be a good idea to consider hiring a lawyer for your work injury case. Here are some situations in which you might want to consider getting a lawyer for a work injury:

• Severe Injuries: If your work-related injury is severe, resulting in significant medical expenses, long-term disability, or permanent impairment, a lawyer can help ensure you receive appropriate compensation for your losses.
• Disputed Claims: If your employer or their insurance company disputes your claim or denies your benefits, a lawyer can help you navigate the appeals process and advocate for your rights.
• Denied Medical Treatment: If your employer or their insurer is denying you necessary medical treatment or delaying approval for medical care, a lawyer can assist in ensuring you receive the treatment you need.
• Pre-Existing Conditions: If you have a pre-existing medical condition that is aggravated by a work-related injury, determining the appropriate compensation can be complex. A lawyer can help ensure you receive compensation for the additional harm caused by the work injury.
• Third-Party Liability: If your injury was caused by a third party (someone other than your employer or a coworker), you might have a personal injury claim against that party in addition to your workers' compensation claim. A lawyer can handle both aspects of your case.
• Complex Claims: Some workers' compensation claims involve complex legal or medical issues. A lawyer can provide expert advice and navigate these complexities to maximize your benefits.
• Lost Wages Disputes: If you're facing difficulties in getting the correct amount of lost wages compensation or are experiencing delays, a lawyer can help you obtain the appropriate benefits.
• Maximizing Compensation: A lawyer can help you understand the full scope of benefits you are entitled to and ensure you receive the maximum compensation available under the law.

If you're unsure whether you need a lawyer for your work injury case, please contact us today to schedule a consultation with an experienced workers' compensation attorney from our firm.

Wrongful death lawsuits in New Jersey are subject to a statute of limitations – a legal deadline by which claims must be filed. If a statute of limitations expires, no claim for compensation can be brought.

For most wrongful death cases, the statute of limitations is 2 years. However, statute of limitations may be different under certain circumstances, such as the death of a minor, or a death arising from an illness or injury for which an underlying negligent cause was not immediately discovered.

Because determining the correct statute of limitations in your case is a fact-specific task, our attorneys at Levinson Axelrod are available to provide a personalized evaluation. We also encourage families to bring claims to the attention of a lawyer as soon as possible – both to ensure time for needed investigations and to avoid issues with the statute of limitations.

It depends. Unfortunately, not every death is grounds for legal action. In New Jersey, surviving family members who wish to pursue a wrongful death lawsuit must meet a few essential legal elements.

While you should always have a qualified attorney review the viability of your claim based on specific facts, you may have a case if the following can be proven:

• A duty of care was owed to the decedent by the defendant.
• The defendant was negligent in breaching the duty of care .
• The defendant’s negligence was more likely than not the cause of death.
• The decedent and your family suffered damages as a result.

New Jersey’s Wrongful Death Act requires wrongful death actions to be brought by a personal representative for the victim’s surviving family members. A representative may be an executor named in the victim’s will, or a person appointed by a probate court to serve as the estate’s administrator.

To be entitled to a recovery of damages obtained through wrongful death actions, survivors will need to establish “actual dependency” upon the decedent or be a qualified survivor under New Jersey’s intestate laws. This means the following parties may be eligible to recover:

• Surviving spouse and children.
• Surviving parents, if there is no surviving spouse or children.
• Surviving siblings or other relatives, if there are no surviving parents.