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

Ocean County Workers' Compensation Law Blog

The reasons for remaining at the scene of an accident

Most in Ocean County are likely well aware of the duty one has to remain at the scene of a car accident that they have been involved in. Yet despite this being fairly common knowledge, hit-and-run accidents continue to occur. Indeed, the AAA Foundation for Traffic Safety reports that 737,100 such incidents happened in 2015 in the U.S. alone. The main reason why most believe it is required that one stay at the scene of an accident is to provide law enforcement officials with the details of the collision. Yet while such information is important, state law actually gives two other reasons as to why one cannot flee the scene of a car accident. 

Per Section 39.4-129 of New Jersey’s state statutes, one who has been involved in a collision must remain in order to provide the following information to all other parties who were also caught up in the collision: 

  • Name
  • Home address
  • Drivers’ license
  • Vehicle registration certificate

What are frontotemporal disorders?

When the frontal and temporal lobes of the brain are damaged, dementia-like symptoms usually occur. This is known as a frontotemporal disorders, which can have a drastic impact on a person's life and abilities. If you or someone you love experienced a brain injury in these areas of the brain, understanding the subsequent effects is crucial to get the proper medical assistance. 

While Alzheimer's and other dementia disorders are most common in the elderly, frontotemporal disorders most often impact people between the ages of 45 and 64. Symptoms include problems communicating, difficulty managing emotions, problems with movement, strange behavior, and an inability to hold gainful employment. As a result, a person with this disorder may no longer be able to drive or care for himself properly. In this case, the individual might require in-home care or need to be placed in a nursing facility so that his needs are sufficiently met.

4 common injuries from rear-end automobile collisions

If you are like many of your New Jersey neighbors, you have felt the anxiety that comes from watching a vehicle rapidly approaching your braked car. Fortunately, other motorists often stop their vehicles before crashing into the back of yours. That may not always be the case, though. 

According to estimates, there are more than 1.5 million rear-end collisions on America’s roadways every year. In those, about 500,000 drivers or passengers sustain some type of injury. Here are some common injuries individuals often suffer in rear-end collisions: 

Proving undue influence in an estate case

Will contests can be a sensitive subject given that that most in Ocean County likely assume that they are simply motivated by your dissatisfaction over your interests in estate. What is lost in this assumption is the fact that there are indeed cases where people exercise undue influence in order to benefit themselves when it comes to an estate plan. Those who come to us here at Silvi, Fedele & Honschke Attorneys at Law LLC typically want to know in such situations how they prove can undue influence. If you share the same question, then it is important that you understand the implications that come with making such an accusation. 

New Jersey State Supreme Court rulings have placed the burden of proof on you to demonstrate (through evidence) that one convinced your family member or friend to amend their will in a way that your loved one might have not otherwise without such influence. Proving undue influence usually requires showing that the person being accused did not have an equal relationship with your loved one, but rather one of authority that exercised a certain degree of control over them (such as that of an attorney or caregiver). 

What should I do after a car accident?

Regardless of fault, being in a car accident can be extremely stressful. That's why it's important to know the proper steps before an accident actually occurs. Even if there are no major injuries, you may be faced with significant property damages or disputes about who exactly is to blame. To ensure you have the right information, Esurance offers the following advice. 

Get your vehicle to a safe area

Family awarded $700 million following brutal murder

News of a wrongful death lawsuit being filed in Ocean County may be met with skepticism in the eyes of some. The belief may be that the family or friends of those who died are simply trying to profit off their deaths. In reality, nothing could typically be further away from the truth. The motivations of those seeking action following the wrongful death of a loved one may vary (yet typically do not include any degree of opportunism). Some may need to try and replace the financial support that the decedent provided them. In other cases, people may simply be looking to compensate for the emotional void that one's death left in their lives. 

Then there may be instances where the family of one who died due to the actions of another simply want a degree of accountability assigned to the responsible parties. Such was the aim of the family of a Florida man who was brutally murdered in 2012. A jury recently awarded them $700 million in a wrongful death lawsuit filed against his killers. Yet both of the men who killed him are currently serving life sentences, and are thus unable to pay anything towards the reward. Yet a representative of the family said they knew this going into their proceedings, and that there actions where simply another way of seeking justice for their loved one. 

No-contest clauses in New Jersey

As one prepares their estate instruments in Ocean County, one thought that is almost certain to enter into their minds is the potential for their to be discord amongst their beneficiaries. Despite one's best efforts, a person that is party to their estate could conceivably be unhappy with what they are left (or not left) and attempt to challenge the terms of their will. It might be recommended that in order to stop such a challenge from ever happening, one include a no-contest clause in their estate plans. 

A no-contest clause is language specifying a potential penalty that a beneficiary may incur if they challenge the terms of a will. Per the Cornell Law School, such a clause can even carry the threat of a person being disinherited altogether. The intent of no-contest clauses is to deter any challenges to an estate. Yet typically they are meant to address frivolous challenges. What about those cases where a challenge may be legitimate? 

New reforms to New Jersey's workers' compensation laws

In New Jersey, the governor recently signed a new bill that will improve things for certain emergency first responders injured on the job. The bill reforms the state's existing workers' compensation laws.

The bill, A4882, will provide eligible workers with disability retirement benefits for participating in rescue and recovery efforts related to the 9/11 terrorist attacks. It will also extend the statute of limitations.

Wrongful death lawsuit accuses doctor of driving woman to suicide

Many in Ocean County may think that wrongful death litigation only applies to those cases where people die in accidents caused by others. In reality, however, anyone engaging in negligent or reckless action that results in the death of another can be the target of a wrongful death lawsuit. Often that action is indirect and comes in the form of abuse and manipulation. While some might believe it to be impossible to "manipulate someone to death," arguments may be made that abusers can exert enough influence over others so as to push vulnerable people almost to edge (and even over it, in some cases). 

That is the claim being made in a lawsuit filed against a doctor in California on behalf of a female patient who ended up committing suicide. The lawsuit states that the patient was introduced to him by a mutual friend, and that the two began a sexual relationship. It is also alleged that the doctor used his position to secure her prescription drugs such as Ambien, Adderall and Klonopin, all while knowing that she had displayed past suicidal tendencies. The doctor is also accused of blocking her attempts to seek treatment from other healthcare professionals in order to preserve their relationship. Through his attorney, the doctor denied all of the allegations. 

Can understaffed nursing homes create health risks?

Nursing homes are supposed to be safe and caring residences for New Jersey seniors who are too infirm to take care of themselves. Unfortunately, this is not always the case. Sometimes an elderly resident passes away due to neglect or errors in care committed by a nursing home. One of the problems is that some nursing homes do not employ enough staff to take care of residents, which can cause a number of serious health risks.

U.S. News and World Report explains that when nursing homes are stretched then, the few caregivers that are on staff have to deal with more issues than they can handle. This can lead to some staffers cutting corners or looking for short and easy ways to handle difficult residents. For example, some seniors suffer from dementia and may act out, not knowing where they are or their current situation. Overburdened staffers might use medication to pacify them in place of more proper care techniques.

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