Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
Phone 732-504-3841 Toll Free 877-251-5491

Ocean County Workers' Compensation Law Blog

What happens after a brain injury?

Brain injuries cause complex medical issues that can last a lifetime. Coping with these effects is often challenging, both for the person with the brain injury as well as his or her family. Knowing what to expect can help you and your loved ones plan for the future. The Brain Injury Association of America offers the following information. 

Brain injuries cause unbelievable changes. These changes are most acutely felt by couples and spouses, who might find themselves playing vastly different roles than they played in the past. Other issues can also arise, including problems with intimacy that causes some couples to drift further apart. Often, the person who sustained a brain injury will feel isolated from others, and this can lead to sadness and depression. 

Reviewing how divorce affects estate plans

Among the several important events that occur in the lives of Ocean County residents, two likely stand out from the rest: marriage and death. As odd as it may sound, the two are often inextricably linked, as when one marries, they assume the responsibility of caring for their spouse, and when they die, they have the responsibility of having planned to ensure that the care of their spouse continues. Information shared by the American Psychological Association shows that nearly 90 percent of adults in Western cultures marry. At the same time, 40-50 percent of marriages in the U.S. end in divorce. What impact would a divorce have if one has already stipulated in their estate planning documents that their ex-spouse should be listed amongst their beneficiaries? 

Section 3B.3-14 of New Jersey's state statutes addresses this very issue. Here it states that a divorce effectively revokes any of the following considerations made towards a testator's ex-spouse (or any of the ex-spouse's relatives): 

  • Dispositions of property or assets
  • Special powers of appointment
  • Nominations to any roles related to the administration of the estate

When must you report a car accident?

In some instances, it will be readily apparent when you need to contact law enforcement after a car accident. For example, a tractor-trailer collision in Bayonne that resulted in Route 440 shutting down would make for an obvious instance of when contacting the police is necessary.

Other times, it may not be as obvious you should call the police after a car crash. Many of the accidents that happen in New Jersey every day are smaller in nature. They may not lead to substantial injuries, but a police report may still come in handy for your future claim. 

How to approach estate planning for your blended family

If you are one of the many people in New Jersey who is preparing to get married for the second or subsequent time, you should take the time now to initiate conversations with your future spouse about how you will each manage your assets after you die. Estate planning can be a hard thing for anyone to talk about but it can be an even more delicate topic in a blended family situation.

As Forbes explains, it is natural for spouses to want to provide for each other after they die. At the same time, parents generally want to be able to leave something to their children and even grandchildren. When the biological children and grandchildren of the spouse making an estate plan but are the stepchildren and step-grandchildren of the other spouse, the person making the plan can feel caught in the middle.

SUV with 5 children hit by underage drunk driver

When May rolls around, people in New Jersey know that summer is just around the corner. The Memorial Day weekend is commonly thought of as the informal introduction of this season and a great time for families and friends to get together to celebrate each other. These celebrations often include a road trip or an outing to a popular destination. Unfortunately, some of these celebrations end in tragedy and sorrow instead of joyous memories.

Such is the case today for one family and their larger community after the actions and choice of an underage drunk driver changed their holiday weekend plans and their lives forever. The family of nine was from New Jersey and had decided to go to Niagara Falls for the long weekend. Nine people piled into their sport utility vehicle including a teen who was 14, another child who was 10 and three four-year-olds.

Amputation prompts OSHA investigation, fines

People in New Jersey should be able to trust that when they go to work and do their jobs, they are in an environment that they can safely perform their duties in. Unfortunately, that is not always the case. Some employers do not always make safety the priority it should be. When this happens, employees are at risk for being injured or made ill due to job-related incidents and environments.

While workers' compensation benefits can be essential forms of assistance to injured or ill employees, it is important also for companies to be held accountable if their actions or lack thereof were part of what contributed to the need for such benefits.

Tips for what to do if you are in a multi-car crash

 When a two-car accident occurs on New Jersey roadways, identifying the person at fault is a relatively straightforward process. They are frequently the one who hit your car from behind, ran a red light or did not yield at a stop sign. However, determining the person at fault in a multi-car pile-up is more complicated. At Silvi, Fedele & Honschke Attorneys at Law, L.L.C. we often assist clients injured in a chain reaction car crash.

R&R Insurances Services, Inc reports that law enforcement records the details of each car, its driver and position. Weather conditions and other circumstances are also noted. The police report cites which car is responsible and how the accident unfolded. It is common for more than one person to be at fault and to greater or lesser degrees. If you are in a multi-car crash, there are steps you can take to prevent further damage you and your passengers:

  • Put your flashing hazard lights on. This is particularly important in weather conditions that cause low visibility and at night.
  • Stay inside the vehicle with your seatbelt fastened. If you have passengers, make sure their safety belts are secure as well. Wait until first responders or law enforcement gives you the OK to exit.
  • Once you are safe, take a few minutes to record your observations before during and after the accident. Take down as many details as you can remember.
  • Notify your insurance agent or carrier.

Benefits of making a living will

A living will is an essential part of your estate plan. It is also known as an advance health care directive. But this piece of estate planning is not concerned with assets and wealth. Instead, it helps you make your wishes about medical treatment and end-of-life care clear. 

If you end up mentally incapacitated and unable to make your own health care decisions, your loved ones may be unsure of your desires. Plus, doctors may provide treatments that you do not want. Here are some core advantages to implementing an advance health care directive

Does a power of attorney have limits?

In planning for the future, some New Jersey residents set up a trusted friend or relative to be a power of attorney (POA) if the need should arise. In this relationship, the person who set up the POA is the principal, and the POA is the agent who carries out duties on behalf of the principal. Because POAs have wide ranging powers, some people might be nervous about setting up such a position. However, as powerful as POAs are, their powers do have limits.

Per Agingcare.com, generally, there are two types of POAs. Setting up someone to be a medical POA means that if you are incapacitated, your medical POA will make healthcare decisions on your behalf. The other type is a financial POA, who makes financial decisions if the principal is unable to for medical or psychological reasons. The division of these positions means a medical POA cannot make financial decisions and vice versa. However, some people will appoint someone with both medical and financial POA powers.

Looking at low-speed traffic accidents

When people think about serious car accidents that result in injuries, they may have visions of traffic crashes that involve vehicles traveling at high speeds. However, it is important to bear in mind that even traffic accidents which take place at low speeds can leave those involved with injuries. Moreover, these crashes can bring up other consequences, such as mental trauma and property damage. If you were involved in a low-speed traffic collision that took place because of another driver’s negligent behavior, you should carefully review any possible consequences resulting from the wreck and consider your legal options, if necessary.

Low-speed traffic collisions can be very traumatizing, especially when someone is caught off-guard. For example, someone may be struck from behind unexpectedly, causing them to hit their head or spill a hot beverage which causes a burn. These accidents can be especially concerning when an elderly driver or passenger is involved, or when a young child or infant is in the vehicle. Low-speed accidents may take place in many different ways and may even involve a vehicle which is parked. However, the consequences can be devastating for victims and other hardships (such as missing work to recover) may also arise.

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