Many suffering in silence from Elder Abuse in their golden years

Elder abuse has many forms and includes several types of mistreatment and violence inflicted on individuals who are over the age of 60

Many suffering in silence from Elder Abuse in their golden yearsOver the last 20 years, Stan Lee had become a beloved figure in American life and his death saddened many of his fans as well as other admirers of his work. This grief was further compounded by allegations that Stan Lee had suffered abuse at the hands of his manager late in his life. If these types of tragic events can happen to such a beloved public figure then we can assume that it is also happening to many others.

The sad truth is that elder abuse has many forms and includes several types of mistreatment and violence inflicted on individuals who are over the age of 60. This type of abuse is usually at the hands of a caregiver or someone in a position of trust. However, the true scope of elder abuse in the United States still remains unknown due to the fact that many incidents go unreported.

The six categories of elder abuse:

Physical abuse

  • It occurs when an elder is physically assaulted. It may take the form of an elderly person being hit, kicked, slapped, burned, or suffering inappropriate restraint.

Neglect

  • Neglect is common yet may leave no marks. It is defined as a caregiver failing to meet an elder’s basic physical (including hygiene), emotional and social needs, including adequate nutrition, clean housing, laundered clothing, and access to adequate medical care.

Sexual abuse

  • Sexual abuse is defined as any type of unwanted sexual contact or unwanted touching.

Emotional or psychological abuse

  • How common is Elder Abuse in New Jersey and across the United States?Emotional or psychological abuse is any behavior that causes emotional trauma to an elder including threatening, humiliating, controlling, as well as limiting an elder’s access to money, the telephone, transportation, or interactions with loved ones.

Abandonment

  • Abandonment occurs when a caregiver willfully deserts an elder and fails to turn over care to a different caregiver.

Financial exploitation

  • Financial exploitation which occurs far more frequently than many believe, is when someone misappropriates or misuses an elder’s money, property, or assets for personal gain.

The settings of elder abuse vary greatly and include during in-home care, at a nursing home, or when an elder lives with a relative. Though the physical effects of abuse might be visible, emotional effects may be less obvious but no less devastating.

Sadly, the signs of abuse of the elderly might go undetected by health professionals because they lack the training necessary to detect this form of abuse. Furthermore, offenders may be careful not to leave any obvious signs that the abuse is occurring. In addition, there is often reluctance on the part of the elderly to report their own abuse because they fear retribution or they lack the physical or cognitive ability to file a report.  Moreover, studies show that the abuser is often a family member which may cause the elderly victim to not want to report the crime given an emotional attachment to the abuser.

How common is Elder Abuse in New Jersey and across the United States?

Recent research suggests that as few as about one of every 14 incidents of elder abuse in domestic settings are actually reported to authorities. Even more surprising is that an estimated only one out of every 25 cases of financial exploitation are brought to the attention of authorities.

Contact a Mercer County Elderly Abuse Attorney TodayThough there are much higher investigation rates in states, such as New Jersey, that require mandatory reporting by doctors, nurses, and other health professionals, the number of incidents that are actually reported are staggeringly low when compared to the actual number that is believed to occur. A report by the American Journal of Public Health in 2003 placed the total number of actual cases at an estimated 472,000 per year nationwide with fewer than 40,000 being reported.

While the actual number of elderly people who are being abused and exploited has remained allusive, it appears that elderly women are abused at a higher frequency than men. People who are above the age of 80 have a greater chance of being abused compared to people ages 65-79.

However, recent data from Adult Protective Services seems to indicate that there is a growing trend toward greater reporting of elder abuse. It is critical to note that reporting is the first essential step toward putting an end to abuse of the elderly.

Contact a Mercer County Elder Abuse Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson, our attorneys have decades of experience supporting elderly clients and their families across [Geo locations] in all legal matters including protection of their financial and physical wellbeing.

To schedule a consultation with a member of our team, please contact us online or through our Trenton, NJ office at 609.528.2596.

Should I File a Personal Injury Claim or a Workers’ Compensation Claim?

Personal injury claims and workers’ compensation claims attorneys with offices in East Brunswick and Trenton NJ

Should I File a Personal Injury Claim or a Workers' Compensation Claim?At Kamensky Cohen & Riechelson, we have successfully helped many clients to pursue both personal injury claims as well as workers’ compensation claims in Trenton, Princeton, Hamilton, and the greater Mercer County area.

It is important for our clients to understand both the similarities and differences between personal injury claims and workers’ compensation claims, as they are pursued in very different manners, and have very different compensation structures. Let’s take a closer look.

What Qualifies as a Mercer County Personal Injury Claim?

The biggest difference between personal injury claims and workers’ compensation claims is what circumstances qualify for either claim. That is to say, in any personal injury case like a car accident, construction accident, a slip and fall, or a truck accident for examples, the plaintiff (you) and their Mercer County personal injury attorney need to prove that another party’s reckless or negligent actions were responsible for your injuries. Just because you were injured in a car accident doesn’t necessarily mean you have a personal injury case, you need to prove that the other driver(s) hold the majority of fault for your accident.

What Qualifies as a Mercer County Workers’ Compensation Claim?

On the other hand, in order to file and receive compensation in a workers’ compensation claim, you do not need to prove fault of any kind. In fact, even if your actions directly lead to your injuries, as long as you were performing work-related duties, you and your Trenton workers’ compensation lawyer can file for a Mercer County workers’ compensation claim.

The Difference in Compensation for Personal Injury and Workers’ Compensation Claims

Besides the requirements for proving fault (or in the case of workers’ compensation not needing to prove any fault), workers’ compensation awards and personal injury awards have one major difference. In both cases, you can receive monetary compensation for any medical expenses associated with your injuries, as well as lost wages or future income. The major difference in terms of compensation for a workers’ comp case and a personal injury case is compensation for pain and suffering. Pain and suffering generally make up the largest portion of personal injury recovery, but cannot be recovered in the case of a workers’ compensation claim.

The other major difference is the time and effort involved with both. Personal injury claims can often take more than a year to negotiate and eventually resolve, while with the help of an experienced Trenton workers’ compensation attorney, you can usually resolve your workers’ compensation case in a matter of months.

Should I file for Personal Injury or Workers Compensation? Mercer County Attorney Discusses

There is no easy answer to this question. Each case is unique, with many different factors to consider. Can you prove fault? Can you afford to wait the time it will take to resolve a personal injury claim, or is the time worth the potential recovery of pain and suffering damages?

There are many different factors to consider, and your best option is to speak with an experienced Mercer County injury attorney who can discuss your options, likely outcomes, and advise you which course of action may be favorable in your case.

Contact a Princeton Personal Injury and Workers’ Compensation Attorney Today

Whether you ultimately decide to pursue a personal injury or workers’ compensation claim, it is extremely important that you retain experienced legal counsel in order to help you navigate the process, protect your rights, and help you secure the best possible resolution for your case.

The Trenton Law Office of Kamensky Cohen & Riechelson has been defending personal injury and workers’ compensation clients since 1972. We have a proven track record of success when it comes to giving honest and professional legal advice, and securing the compensation that our clients need and deserve.

To speak with one of our attorneys today in a free and confidential consultation regarding either a personal injury claim or a workers’ compensation claim, please contact us online or through our Trenton office at 609.528.2596.

Compensation Claims After a Rental Car Accident in NJ

If the driver of a rental car gets into an accident, determining the liability of parties and one’s eligibility for personal injury financial compensation is important.

Compensation Claims After a Rental Car Accident in NJIf you have been in an auto accident with a rental car in New Jersey or Pennsylvania, you may be nervous about what comes next. Whether you rented a car while your own automobile is being repaired, for a business trip or a quick get-away, if you and your rental car were involved in an automotive accident, Kamensky Cohen & Riechelson can help you. Our experienced accident attorneys are licensed to practice in both Pennsylvania and New Jersey and facilitate insurance claims between our clients and the companies whose vehicles they were driving when the auto accident occurred.

If you or someone close to you has suffered a rental car accident injury, contact us online or by telephone at (609) 528-2596 to arrange a consultation with an experienced rental car accident lawyer who will protect your legal rights, minimize your losses, help recover loss wages, and maximize the financial compensation for your damaged property and personal injury claims.

Rental car accidents in company vehicles: Who is responsible?

If the driver of a rental car gets into an accident, determining the liability of parties and one’s eligibility for personal injury financial compensation is important. Due to the complex nature of road and traffic accidents, one should consult an experienced attorney without delay.

When a car accident causes severe physical trauma, spinal or brain injuries, or wrongful death, the at-fault party’s insurance company typically seeks to limit or deny compensation to the accident victim. The insurance company may send a team of investigators to the accident scene to hunt for evidence that limits its liability.

At Kamensky Cohen & Riechelson, our rental car accident attorneys are experienced in facilitating insurance claims between our clients across in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick, and across Mercer County. Our use of early investigative teams and a thorough proactive strategy to accident investigations, often uncover evidence of negligence and counter the tactics of insurance companies. This direct approach is intentionally designed to ensure that our clients receive the full representation and financial compensation they are merited, so they can recover from the accident or serious injury and get back to work healthy and well.

9 Steps Which Can Increase Your Compensation Claim After a Rental Car Accident

  1. Stay at the scene – it is illegal to commit a hit-and-run and leave the scene of a car accident without first exchanging information with the other driver and contacting law enforcement
  2. Report the rental car accident to the police – NJ traffic laws require that motor vehicle accidents that resulted in injury or death or caused more than $500 in property damage by the “quickest means possible” to the nearest police department. If for some reason the police do not respond to take a report, it is your responsibility to file a written report with the police within ten days of the accident.
  3. Contact our Trenton NJ Rental Car Accident Lawyers for Immediate AssistanceDocument the accident and gather evidence – while you wait for the police, take video or photos of the damage, accident scene, and your injuries, and collect witness names and contact info. Do NOT admit fault or discuss the accident with the other driver or anyone else at the accident scene.
  4. Get medical attention in a timely manner – seeing a doctor or getting medical treatment as soon as possible after an accident is an essential part of the personal injury claims process. With an official diagnosis, you have proof that your injuries existed on that date and strengthen the connection between your injuries and the accident.
  5. Notify the car rental company – rental car agencies generally provide information within the rental contract regarding your obligation for reporting car accidents involving the rental car. If the accident was caused by a defective vehicle or poor vehicle maintenance, the rental car company may bear most of the liability for the accident.
  6. Inform your car insurance company that an accident occurred. Do NOT admit fault or liability.
  7. Do NOT any sign Insurance Liability Release or Medical Authorization Forms or provide statements to your insurance company or the car rental company before speaking with an accident attorney.
  8. Do NOT discuss or write about your accident on any social media platform.
  9. Contact an experienced rental car accident attorney who can help determine who is liable for the cause of the rental car accident, investigate the crash, and analyze the rental car contract and various insurance policies to determine liability for your damages and injuries.

You may be feeling overwhelmed at the notion of dealing with insurance companies, forms, deadlines, and trying to get proper medical treatment. Our personal injury accident attorneys can sort through the bureaucracy to help you obtain the financial compensation you deserve.

Contact our Trenton NJ Rental Car Accident Lawyers for Immediate Assistance

Hiring the right attorney can make all the difference in the world. If you or someone close to you was in a rental car accident and may have suffered a personal injury, the experienced attorneys at Kamensky Cohen & Riechelson are here to help you pursue compensation for your losses.

Contact us online or at (609) 528-2596 to arrange an initial consultationwith an experienced New Jersey and Pennsylvania injury attorney. One of our knowledgeable attorneys will be happy to answer your questions and advise you on the most effective legal options available in your case.

Medical Error and Misconduct May be More Common Than You Think

Medical Malpractice Attorneys with offices in Trenton and East Brunswick NJ

Medical Malpractice Attorneys in New Jersey with offices in Trenton NJMedical misconduct and medical malpractice in extreme cases can lead to serious and sometimes fatal patient injuries as well as cause great financial hardship for its victims. A recent study conducted by researchers at the University of Chicago and reported on by the Washington Post, showed that about one out of every five people are victims of medical mistakes, malpractice or negligence. This alarming report found that many more people than previously believed have suffered as a result of medical malpractice. The report went on to emphasize that, “medical errors by healthcare professionals don’t just put a patient’s physical health at risk, but they can be equally damaging to a person’s mental state and financial well-being.”

In this groundbreaking study, more than 2,500 adults in the U.S. were surveyed about their personal experiences with medical misconduct and errors, as well as to their knowledge of medical errors affecting friends and family members.

Shockingly, the study found that one of the most common places where medical malpractice and negligence occur is at ambulatory sites.  “Ambulatory sites” refers to several different types of medical centers that serve outpatient needs. Of the patients surveyed in the study, greater than 20% had themselves been the victim of a medical mistake, moreover in excess of 30% “acknowledged someone else whose care they were closely involved with had been victimized by medical malpractice or misconduct.

What Constitutes Medical Malpractice?

Often there is confusion about what exactly constitutes medical malpractice.  Many incorrectly believe that if someone is facing a medical procedure, emergency or otherwise, and the results are less than ideal then this is somehow the fault of the doctor, hospital or other medical staff. However, this is not always the case. In spite of the fact that we place a high level of trust in healthcare professionals, it is critically important to remember that they are not miracle workers. However, there are very specific circumstances where the doctor, hospital or other medical staff can and should be held liable for injuries caused while a patient is under their care.

In legal terms, medical malpractice is defined as deviation from the standard of care that causes harm or when a hospital, doctor or other health care professional, through any negligent act or omission, causes an injury to a patient. This negligence can be the result of errors in diagnosis, treatment, and aftercare or health management.

Any valid medical malpractice claims must have the following characteristics:

  • What Constitutes Medical Malpractice?Provable deviations from the standard of care – Medical standards that are recognized as being acceptable medical treatment by prudent health care professionals under like or similar circumstances is known as the standard of care and are accepted throughout the medical profession.
  • An injury was caused by negligence or a deviation from the standard of care– It is not enough that a health care professional simply violated the standard of care for a medical malpractice claim to be valid. It is also necessary to prove that an injury was suffered that otherwise would not have occurred in the absence of malpractice.
  • The injury or injuries that were received resulted in damages – In addition to an actual injury, it has to be proven that significant damages resulted from an injury received as a result of the medical negligence. Put simply, it must be shown that the injury resulted in disability, loss of income, unusual pain, suffering or significant past and future medical bills.

Common Myths Associated with Medical Malpractice Claims

Due to a great amount of misinformation, it is a common belief that there are too many malpractice cases and that these malpractice cases are the cause of higher premiums and doctor shortages. In truth, this could not be further from the truth. These myths often include the following assertions:

  • There are far too many frivolous and unfounded medical malpractice lawsuits. However, this is refuted by a recent report by the American Association for Justice that showed that in reality only 1 in every 8 victims of medical malpractice actually files a lawsuit.
  • The huge number of medical malpractice lawsuits is driving up healthcare costs. One can trace this belief to a since debunked study from the 1980s and early 1990s. In reality, the total cost of defending against medical malpractice claims and the paying of settlements and verdicts comprises a mere 0.3 percent of healthcare spending according to the above-mentioned study.
  • The costs associated with frivolous malpractice claims are causing doctors to leave the profession in mass numbers. The truth is that the number of doctors has been steadily increasing given that being a doctor is still a very lucrative career.

The often serious effects and damages caused by medical mistakes can be life-altering. If someone is injured due to a doctor or hospital negligence it is important that they receive the compensation that they need and deserve. However, just because someone is injured that does not mean that they will be fairly compensated.  It is of critical importance to have an experienced attorney at your side to fight for your rights and help you to get on the path toward being whole again.

Consult with an Experienced Med Mal and Personal Injury Attorney in Mercer and Middlesex County NJ

At The Law Office of Kamensky, Cohen & Riechelson, our legal attorneys have decades of experience supporting clients across in Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County who have been injured due to doctor, hospital or other health care professional negligence or malpractice.

To schedule a confidential assessment with our firm today regarding your charge, please call (609) 528-2596 or visit our website to fill out an online form.

Auto accidents in company vehicles: Who is responsible?

Injured in a work-related car accident? Contact our Trenton, East Brunswick, Bensalem, or Philadelphia Offices to Collect Fair Compensation for Your Medical Expenses

Auto accidents in company vehicles: Who is responsible?If you have been in a car accident and you were driving a company vehicle or driving for work, you may wonder if your employer is responsible for compensating you for damages or injury. While most accidents occur on personal time and involve only you and the other involved driver, an accident that involves work-related transportation complicates matters. Read on to learn more about whose responsibility it is to cover expenses in the case of a work-related car accident, so you can be sure you receive the treatment and full compensation you deserve.

Injured Traveling to and from the job

If you are traveling to or from work and are involved in an auto accident, the generally held precedent is that your personal insurance must cover expenses and damages. This only applies if you are at fault for causing the accident; if another driver is at fault, their insurance is responsible for covering all damages and medical expenses. If this is the case, it is recommended that you hire a personal injury attorney to handle your claim and support you in receiving full recovery for your losses and out-of-pocket expenses during the recovery process. The one exception to this precedent is the case in which your automobile is required for your work, and as such, as soon as you begin the commute to work, you are on the job. If you were at fault for an accident on the way to or from work but your car is a required tool for your job, contact a member of our team today to learn who may be liable for covering accident expenses and options for your next steps.

Hurt Driving a Company Vehicle

If you were driving a company vehicle and were at fault for an accident, it is likely that the company’s insurance will cover all expenses, and your personal insurance will not be affected. If you are injured in the accident, it is imperative to keep records of all medical expenses paid out of pocket to submit to the company’s insurance for reimbursement.

Driving a company vehicleThere are a few exceptions to this. If you were driving the company car but you were driving for personal reasons, your company can denounce liability and claim your full responsibility in the case of an accident. A company can also denounce liability if you were partaking in illegal activity in the car or an illicit activity such as consuming alcohol before getting behind the wheel of their company property. If your company claims nonliability for an accident while you were driving their vehicle and you can claim that the company was negligent in properly maintaining the car, this is very serious and you may be able to recover damages. For this type of claim, you will definitely want the support of an accident lawyer.

Again, if you are in an accident with someone else who is driving their company’s car and are not at fault for the accident, you need not worry. Focus on recovering in body and mind after filing a claim with your personal insurance company, keep close records of any immediate out-of-pocket expenses incurred, and seek the support of a personal injury attorney. You can expect to recover all the damages and expenses caused by the accident.

Injured in an Accident Using your Personal Vehicle for Work

If you are at fault for an accident while driving your own vehicle, but your business driving was directly related to work, your company may be liable to cover damages. As noted above, this generally does not apply to the commute to and from work; however, running errands for work at the direct request of your company could mean company liability for any accident that takes place during that time.

If you have been involved in an automobile accident, your safety and health are first priority. Seek medical attention immediately if you are injured in a collision, even if the pain isn’t immediately evident. Because of the stress response of the body to a trigger such as a collision, it may be hours or even days before cortisol and other stress hormones lower, inflammation subsides, and your body is able to show you where it may have been thrown out of alignment. Contact a personal injury or accident lawyer to support you in the process of recovering the full extent of damages you deserve for the accident.

Contact a Mercer County Commercial Car Accident Injury Attorney to ensure a fair outcome in your case

At Kamensky Cohen & Riechelson, our accident attorneys are experienced in facilitating insurance claims between our clients across in Trenton office, Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County. and the companies whose vehicles they were driving when the auto accident occurred.

Our direct approach is intentionally designed to ensure that our clients receive the full representation and financial compensation they are merited, so they can recover from the accident and get back to work healthy and well.

To meet with an experienced member of our firm today regarding your accident, please call (609) 528-2596 or go online to schedule a free, no-risk consultation with a personal injury lawyer.