Will the Coronavirus Have a Lasting Impact on NJ Statutes of Limitation?

Impact of COVID-19 on the Statute of Limitations for Personal Injury & Sexual Abuse Claims in NJ

Will the Coronavirus Have a Lasting Impact on NJ Statutes of Limitation?The term “statute of limitations” is a legal concept that sets a strict time limit on a plaintiff’s right to file a case in order to be considered valid. Since this can be true within both civil and criminal law, the current COVID-19 pandemic and recent stay-at-home orders have left many confused about their legal rights and options, and how they can stay within the legal time frame, especially when filing an accident injury personal injury claim. Unfortunately, this is also the case with many victims of sexual abuse who because of shelter-in-place, had or have been trapped at home with their abusers with limited or no access to social workers, teachers, coaches, doctors, friends, family members or anyone else to whom they might have been able to report the abuse to.

Due to either a fear of retribution, not being believed, shame, self-blame, or uncertainty of resources available to them, many victims of sexual abuse may not speak up or come forward. Despite these factors, now is the time to speak up and speak out about your abuse.

Everyone who is wrongly injured has a right to seek justice. It is vital that victims of abuse and injurious accidents understand these statutes of limitations and act within the legal time frame so that they can get justice or compensation for the trauma and injury that they are entitled to, especially if they need it to help them recover from those injuries. The inability at present to manage the spread of the coronavirus has drastically impacted and restructured aspects of the judicial process, and how people file, so it is challenging to say exactly what will happen if as a result of being infected by the virus or as a result of quarantine restrictions, you missed or were unaware of the statute of limitations for your civil or criminal case.

To speak with an empathetic, resourceful and uniquely qualified attorney and learn more about extensions, if any, to criminal and civil statutes of limitations and how they might impact your case filing, please contact us online today or through our Bensalem, PA offices at (215) 337-4915 for a free and confidential consultation.

Mercer County and Middlesex County Lawyers Help You Understand Options Related to Statute of Limitations

Personal Injury Statute of Limitations

Northeast Philadelphia, PA & Mercer County, NJ Lawyers Can Help You Understand Options If You Exceed Statute of LimitationsThe statute of limitations for personal injury claims in Pennsylvania and New Jersey is generally two years, which means you will have approximately two years from the date of your accident to sue the party responsible. However, for personal injury claims made against government entities – claims filed against the state, county, or city governments must be filed within six (6) months of the accident.

Pennsylvania law contains a discovery rule for personal injury claims, which grants an extension for individuals who were not aware of their injuries right away; which allows for victims to file personal injury claims up to two (2) years after they knew or should have reasonably known that they were injured.

If prior to or during the corona pandemic and state executive orders to self-quarantine you or a loved one were injured in a motor vehicle accidentconstruction accidentdefective product accident, slip-and-fall accident, or sustained a traumatic injury, and you waited to file a personal injury claim because you wanted to limit contact with others, were either unsure about the process or were unaware of the severity of your injuries, you may have a unique situation on your hands amidst the outbreak that an experienced attorney can help you with.

Sexual Abuse Statute of Limitations

Child sexual abuse victims are treated differently under the law. In accordance with N.J.S.A. 2A:61B-1(c) the statute of limitations for a sexual abuse case does not begin until the victim realizes that they were injured as a result of the abuse. This is commonly the case with the delayed discovery of past sexual abuse (i.e., in school or church, etc.) among childhood sexual abuse victims, where this realization or the horrific memory of abuse has been blocked or is recalled during therapy. The stress of the coronavirus has resulted in many seeking therapy to manage or better understand previous mental health issues. Speaking with an attorney as soon as possible can preserve your legal rights and ability to hold your abuser accountable for their actions.

Without talking to an experienced attorney who is up-to-date on the rapidly changing court process, and who can protect your rights and help you better understand the time limit, you may be at a disadvantage as to the alternatives and options of your particular legal matter.

Contact our Experienced New Jersey & Pennsylvania Personal Injury Lawyers for Immediate Assistance

The skilled legal team at Kamensky Cohen & Riec2helson knows how to identify the most keys facts of a personal injury claim and find the evidence needed to prove negligence and wrongdoing. If you or a loved one suffered a serious personal injury and are uncertain about the statute of limitations & filing guidelines, our experienced attorneys are here to help you.

Contact us online or phone (215) 337-4915 to arrange a free and confidential consultation. 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.

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 in Trenton, Princeton, Hamilton, and the greater Mercer County area 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.

Women’s Mental Health and Work-Related Injuries

Workers Compensation Attorneys Helping Women Affected by Gender-Related Work Issues in Princeton, Ewing, Hamilton, Pennington and across Mercer County, NJ

Women’s mental health and its effect on Women’s Work-Related InjuriesThough there have been many studies that have addressed work-related injuries, the role that gender plays in work injuries was the subject of a study conducted by the Colorado School of Health’s Center for Health, Work, and Environment on the Colorado Anschutz Medical Campus. The study found that women who suffer from depression, psychological distress, anxiety, and fatigue are much more likely to suffer work-related injuries. Moreover, the study found that these health factors significantly affected women’s risk of injury but that men’s risk was not significantly affected. This means that employers and employees must take special care when addressing women’s psychological issues and their connection to workplace safety.

Depression, Anxiety, and Fatigue in the Workplace

Though depression, anxiety, and fatigue were contributing factors to a heightened risk of injury for women, once again, the same could not be said of men who participated in the study. Based on this research one can conclude that ensuring the safety of workers calls for an approach that involves health, well-being, and safety. Programs instituted by employers that are aimed at preventing injury should take into account workplace conditions along with worker psychological health.

Men vs. Women Mental and Behavioral Health at Work

Furthermore, the researchers at the Colorado School of Health also found that women were more likely to report issues concerning mental and behavioral health. According to the study, these conditions are a sign of the increased risk of suffering a work injury. Approximately 60 percent of women who have suffered a work injury also reported that they had a behavioral health problem prior to their injury. Though men suffered more work-related injuries overall, these injuries were usually not connected to behavioral health problems. Only 33 percent of men reported having a behavioral health condition, such as poor sleep or anxiety, prior to their work injury.

More research is clearly necessary in order to fully understand the reasons for the differences in women’s and men’s risk of work-related injuries. However, a consideration that all employers should take into account is that irrespective of gender, workers who have previously suffered an injury are more likely to be injured again.

Common causes of Woman’s Work-related Injuries

Common causes of Woman’s Work-related InjuriesDepartment of Labor Statistics data shows that of the approximately 128 million working-age women (16 years of age and older) in the US, 57.2% have full- or part-time jobs, compared to 34% in the 1950s. In fact, female employees represent approximately 45% of all work hours. This increase in participation has translated into more work-related injuries.

Although women are injured at work less often than men, some safety incident types are disproportionately more frequent for women. In addition, women face some unique workplace health and safety issues that must be addressed by organizations.

The most common causes of workplace injuries for women include:

  • Roadway accidents: Though not much can be done about risks such as weather conditions and other drivers on the road, it is critical that all transportation workers, particularly commercial drivers, receive regular roadway safety training to improve their skills and be prepared for any situation they may encounter. However, the psychological and emotional health of all drivers should be taken into account by employers.
  • Falls, slips, and trips: These types of incidents often occur in indoor settings where women are more likely to work. The training employees to be more aware of their surroundings and exhibit greater caution on the job can reduce the frequency of these avoidable injuries by improving their safety behaviors.
  • Being struck by an object or equipment: Women who work in industries with greater natural hazards such as construction and manufacturing must be provided with adequate training to operate and work around heavy machinery/equipment, including following all safety rules and guidelines to prevent adding unnecessary risk to already dangerous jobs. It is also critical for women who work in environments that deploy heavy machinery or objects to maintain alertness at all times. Depression, fatigue and other psychological issues can have a direct effect on alertness and thus increase the risk of injury.

Get in touch with our Trenton Workers Compensation Attorneys Today

At Kamensky Cohen & Riechelson, our attorneys are extensively experienced in workers’ compensation law across Princeton, Ewing, Hamilton, Pennington, and across Mercer County, New Jersey, including representing female workers who have been injured as a result of their work. We take pride in representing all our clients with understanding and compassion.

You have several options at your disposal to schedule a consultation with a member of our team today regarding your injury on the job; you can fill out the online contact form call at (215) 337-4915 or you also visit our office at 194 South Broad Street Trenton, NJ 08608to learn more about how our workers’ compensation team and how we can assist you.

Hire a Small Firm vs Large Firm to Handle Your Personal Injury Matter?

Representing Accident Victims for Decades in Trenton, Princeton, Hamilton, Lawrence, and across Mercer and Bucks Counties

Phil and I have our own caseloads, so we work independent of each other but we´re always consulting each other on cases we talk about. The types of cases we talk about the value of cases. If I´m unavailable for something; Phil will cover for me and vice versa. That´s the benefit of a small firm; clients are not just handed off from person to person. If I hand off a case to Phil, I have full confidence that Phil will handle it the same way I would.

Mercer County Personal Injury Attorneys You Can Reach

If you’ve been injured in a motor vehicle accident, slip and fall, or have been injured in any type of accident that may have been caused due to a negligent party and you are considering hiring a lawyer, you might be considering both large and small law firms. There are advantages and disadvantages to representation from both types of firms, and it is important to assess your individual needs and concerns when deciding what lawyer you are interested in retaining.

Small Law Firm Attention with a Large Law Firm Reputation

Having a direct and personal relationship with your lawyer is an essential part of any attorney-client relationship. A close relationship with your attorney is something you may not always get if you engage the services of a large law firm. Yet, while some personal injury clients enjoy the individual attention that a small law firm can provide, small firms may not always have the available resources to take on a complicated case and they may not be able to devote enough time to each individual case.

Trenton Law Firm Dedicated to Fight for the Rights of Accident Victims

If the Partners of Kamensky Cohen & Riechelson take on your case, they take it on with the expectation and the commitment that they will dedicated all necessary time and resources to see the matter through to the best of there abilities.

Contact us today for a free and confidential consultation, and let us protect the rights of you and your family through this trying time in your lives 609-528-8296.

How Does Lost Income and Earning Capacity Impact my NJ Personal Injury Case?

Victims of accidents and careless or negligent actions of others are entitled to seek compensation by filing a personal injury claim.  A personal injury claim seeks to restore costs associated with the injuries sustained, as well as non-monetary damages like pain and suffering.  The purpose behind the claim is to restore your life to the degree possible to what it was before you were injured.  Some serious injuries, especially injuries to the back and spine, can prevent you from working for extended periods of time, and in some instances cause you to be unable to continue in your current line of work.  The damage to your ability to earn and care for your family is directly related to your accident, and as such entitles you to seek compensation for it.  An experienced personal injury attorney can help you to prove these losses and acquire the best settlement possible.

Lost Income Attorneys Fight for Injured Clients in Mercer County NJ

Lost income is usually fairly simple to calculate in a personal injury claim.  If an accident leaves you unable to work for a period of time, or causes you to miss work because of medical appointments, your lost income is simply the amount of time you missed at work multiplied by your rate of pay.  Additionally, lost income claims can compensate you for vacation time you were forced to take as a result of your injuries.  

For those who are self-employed, you are also entitled to seek lost income compensation, although calculating the amount owed is somewhat more complicated.  If you hired someone to cover your work while you were injured, then obviously the costs associated with hiring and paying them can be compensated.  If your business lost expected income, you can use statements and tax records from previous financial quarters to demonstrate how much you had expected to earn and seek compensation based on that as well.

Loss of Earning Capacity Lawyers Princeton NJ

Loss of earning capacity refers to when an accident leaves an individual permanently unable to perform duties expected of them in their chosen profession.  So much so that they are must find a new profession in order to continue working.  When this is the case, the victim can claim damages for the expected future income lost due to their loss of earning capacity.  Loss of earning capacity also can apply if your accident caused you to miss an opportunity for advancement or a promotion.  The loss of additional income from these positions, as well as the loss of increased health benefits, retirement options etc can all be added as part of your personal injury claim.

Contact an Experienced Trenton NJ Personal Injury Attorney

It can often seem like an overwhelming task to determine the true value of your loss of earning capacity, but this is why having a personal injury lawyer can be of great value.  A personal injury attorney will consult with economists and professional experts to determine the correct value of future monetary losses as a result of your accident.  Along with these experts, your lawyer will be able to show to the courts an accurate prediction of your loss of earning capacity and lost wages, backed up by solid evidence and expert testimony.
There are many other hurdles along the way when pursuing a personal injury claim, but with the right team of personal injury attorneys, anything is possible.  With offices in Trenton NJ, Newton PA, and Pennington NJ, the law offices of Kamensky, Cohen, & Riechelson are ready to fight for your future today.  Our seasoned attorneys represent victims and families of all kinds of accidents and negligence, including: car accidents, truck accidents, slip and fall, construction accidents, premises liability, product liability, and bicycle and pedestrian accidents.  

If you or a loved one has been injured as a result of another party’s negligence, please contact us online or in our Trenton NJ offices today at 609-528-2596 or Toll Free at 888-979-6871 for a cost-free consultation.