Personal Injury
Personal Injury Law Journal blog site
What is subrogation?
Posted in Personal Injury
After an insurance company has paid benefits to a person injured in an accident, subrogation refers to the process of the insurance company later seeking reimbursement from the person legally responsible for causing the accident. Continue reading
Workers’ Compensation Law and Hernias
Posted in Personal Injury
New Jersey has a particular statute with regard to the compensability of a traumatic hernia. N.J.S.A 34:15-12(c)(23) requires that an employee give notice to his/her employer within 48 hours after the occurrence of the hernia in order for compensation to be allowed. Continue reading
What To Do When Personal Injury Benefits (PIP) Cut You Off From Treatment
Posted in Motor Vehicle Accidents, Personal Injury
So, you’ve managed to navigate the Personal Injury Benefits (PIP) portion of your automobile insurance policy enough to obtain coverage for your medical treatment arising out of your motor vehicle accident. Continue reading
Can a Worker Collect Temporary Disability Insurance (TDI) Benefits if He/She is Injured on the Job?
Posted in Personal Injury, Workers' Compensation
If you have a work-related disability, and your employer’s workers’ compensation carrier denies you benefits or stops paying your workers’ compensation benefits, you may be eligible for temporary disability benefits. Continue reading
Your Health Insurance Probably Will NOT Pay for Medical Care in Motorcycle Accidents
Posted in Personal Injury
Please get the word out: check your Health Insurance policy language to make sure it covers you if you are injured in a motorcycle accident. Every day I see new clients who have been injured by an irresponsible driver and every day I have to explain, to their surprise, that they do not have the proper insurance to cover their medical bills. Continue reading
Why Is It a Bad Idea to Select “Healthcare Primary” for Your Auto Insurance?
Posted in Motor Vehicle Accidents, Personal Injury
I am involved in the process of renewing our law firm’s health insurance coverage, and in that context our broker brought our attention to this “unique to New Jersey” auto insurance option. New Jersey is the most populous state in the union, with more cars and people per capita than any other state. Given these realities, it is not surprising that New Jersey’s auto insurance rates are among the highest in the nation. Elected officials – and those seeking to be elected – often seize on the subject of reducing auto insurance costs as a popular campaign promise. Continue reading
How Are You Listed on Your Automobile Insurance Policy: Named Insured vs. Authorized Driver
Posted in Motor Vehicle Accidents, Personal Injury
I cannot stress enough the importance of knowing your listed “status” on your auto insurance policy. Are you a “named insured” or are you listed as an “authorized driver”. Continue reading
What Does it Mean to be a Certified Attorney?
Posted in Personal Injury
The answer to that question is not generally well-known outside of legal circles in New Jersey. You may be familiar with the term “board certified” or “board certification” as it applies to physicians. For the past several years in the medical field, many medical specialties have established boards, (i.e., American Board of Orthopedic Surgery, or American Board of Neuro-Surgery), which are managed by physicians within the specialty. These organizations establish standards for the practice of their specific specialty, and set minimum qualifications for a practitioner to meet in order to sit for an examination which tests their knowledge and skills. Successful completion of the process conveys the title “diplomate” of the board on the physician, who is thereafter “board certified” in that specialty. Continue reading
Stark & Stark Attorney Obtains $250,000 Jury Verdict for Injured Home Depot Employee
Posted in Personal Injury, Stark News, Workers' Compensation
Denise Mariani, of Stark & Stark’s Personal Injury Group, recently obtained a $250,000 jury verdict for Rosetta Martin of Trenton, New Jersey. Ms. Martin, a security guard at Home Depot, sued International Motor Freight of Newark after she was seriously injured in 2007 when a disgruntled IMF employee slammed his truck door on her right arm at the Home Depot Distribution Center in Cranbury, New Jersey. Continue reading
Binding Arbitration Instead of Trial: What are the Benefits?
Posted in Personal Injury
As discussed in an earlier blog, arbitration is one method that is commonly used by the court system to try and settle a case prior to a trial. Arbitration is a short hearing or meeting of sort between the parties to a case in front of a neutral person who will ultimately render a decision. Testimony will be presented along with documents in support of and in defense of the claim. The neutral arbitrator ( usually a retired judge or a respected attorney who handles similar cases ) will review everything then make what they believe to be a fair decision to all parties based on the evidence presented. Continue reading