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.

What Settlement Offer Can I Expect for Pain and Suffering?

Personal Injury claims seek to recover compensation for three main factors; the victim’s medical expenses lost income and wages, and their pain and suffering.

What Settlement Offer Can I Expect for Pain and Suffering?For short-term injuries such as a broken arm, calculating your medical expenses and lost income can be fairly straightforward. Simply add up the costs of your medical bills, and the amount of time you have missed from work multiplied by your expected salary, and you have a pretty accurate idea of how much compensation to seek and expect in these areas.

For more serious injuries with longer-lasting consequences, calculating medical expenses and lost income becomes a bit more difficult, and is an area where having an experienced Mercer County personal injury attorney to assist you can be of great benefit. Not only will you wish to recover compensation for your medical expenses to-date, but serious injuries often require on-going medical treatment and rehabilitation which will need to be accurately estimated, something your attorney will have experience doing. The same goes for lost income, if your injuries prevent you from continuing in your previous line of employment, you will need to calculate exactly how much you may have earned given a lifetime of employment, including bonuses and promotions.

How Do Insurance Companies Calculate Pain and Suffering Compensation?

When it comes to pain and suffering however, calculations become quite a bit vaguer. How does one express exactly the pain their injuries have caused them, and then translate those feelings into a monetary number? Most insurance companies use a similar method when calculating what to offer in terms of pain and suffering for a given injury, and while you and your Mercer County injury lawyer may not immediately accept that offer, it is important to understand how the insurance company is arriving at that number, or what kind of offer you should expect for a given injury.

When it comes to pain and suffering, insurance companies will make their compensation offer based on whether or not the injury in question was a soft-tissue injury or a hard injury.

Soft Tissue Injury Compensation Mercer County Personal Injury Lawsuits

Soft tissue injuries are generally less severe, non-life-threatening, and not permanent. Common examples of soft tissue injuries are bruises, strains, and sprains. While certainly these injuries can be more painful for some people than others or cause more difficulty in some lives than others, insurance companies generally will offer between one to three times the value of your medical expenses like pain and suffering compensation.

Hard Injury Compensation Trenton Injury Attorneys

Hard injuries are generally much more serious injuries than soft tissue injuries. Hard injuries often require invasive methods to assess and treat, and can often cause long-term or permanent difficulties and pain to the victim. Some common hard injuries are broken bones, serious wounds that require transfusion or stitching, head, and brain injuries, and spinal cord injuries.

Due to the more serious nature of hard injuries, and the greater level of medical attention required, insurance companies will usually offer somewhere between four to five times the value of medical expenses as pain and suffering compensation.

Recovering Pain and Suffering Damages in a Personal Injury Case NJ

Recovering Pain and Suffering Damages in a Personal Injury Case NJWhile insurance companies do have these rough guidelines for offering pain and suffering damages in personal injury cases, in order to recover the compensation you need and deserve it is important to retain the counsel of an experienced Mercer County personal injury attorney. Many times insurance companies will try to devalue the full extent of the nature of your injuries, claim you were partially responsible and as such not entitled to full compensation, or even dispute the connection between your accident and the injuries you have suffered. An experienced personal injury attorney will understand how to combat these various tactics, and present a strong case on your behalf backed by expert consultants, detailed investigation and research, and effective presentation to courts and juries alike.

Contact Our Mercer County Personal Injury Attorneys Today

At Kamensky Cohen & Riechelson, our personal injury attorneys have a history of success when it comes to helping clients injured in accidents across Princeton, Trenton, Hamilton, Lawrence, and the greater Mercer County area.

Our goal in any personal injury case is to provide personal and attentive service to our clients, and secure them the compensation they need and deserve for injuries resulting from car accidents, truck accidents, motorcycle accidents, construction accidents, slip and falls, ladder and scaffolding accidents, and more.

If you have been injured as the result of the reckless or negligent actions of another, contact our firm today to discuss your options in a free and confidential consultation. To schedule your consultation, please contact us online. or through our Trenton, NJ office at 609.528.2596.

How does the litigation process work?

Personal Injury Attorneys Litigating for clients in Princeton, Ewing, Hamilton, Pennington, East Brunswick and across Mercer  and Middlesex County, NJ

The term litigation refers to the process of a lawsuit.  In personal injury cases, people contemplating a lawsuit often ask how the litigation process works.  Litigation involves filing a complaint, obtaining and exchanging discovery, and eventually ends in a trial.

Gathering information about your potential suit

How does the litigation process work?

Initially, when you are injured, medical treatment is sought and you follow the doctor’s recommended plan of care.  At some point thereafter, you may begin to think about who was at fault in causing your injuries and, as a result, you seek the advice of an attorney.

The attorney you choose to have an initial consultation with should have experience in personal injury matters.  KCR has extensive experience in personal injury cases and will guide you through the appointment.  We ask questions and gather information.  For example, if you have been in a car accident, we request that you bring the police/accident report, medical records, and car insurance information and findings.  Additionally, we inquire about your lifestyle, work, disabilities, wages, and overall social-emotional health.

At the end of the appointment, you may be left with the decision to file suit against the responsible person to collect any damages sustained as a result of his or her negligence.

Filing a lawsuit

Filing a lawsuit is something that our office does on your behalf.  You, as the injured party seeking recovery, are known as the Plaintiff.  The plaintiff files the complaint against the person he believes is responsible (referred to as the Defendant).  The complaint sets forth the facts that lead to the injury and how the Defendant is alleged to be responsible for the injuries.  More importantly, the complaint requests damages for your losses.

Discovery Process and Interrogatories

The complaint is then served on the Defendant.  The attorney representing the Defendant files an answer to the complaint, denies the allegations and can file a cross-complaint as well.   After the complaints and answers are filed with the court, a discovery schedule is set forth.  The discovery period allows both parties to request and gather more information pertaining to the case.

MediationDiscovery is generally anything, whether written or oral, that pertains to the case.  For instance, attorneys will request answers to interrogatories and ask that supporting documentation be provided.  The interrogatories are a series of questions relating to insurance, the injuries, medical records, financial losses, treatment, and the accident.  Additionally, the attorneys will schedule depositions during which they can ask questions of any person they subpoena.  After all of the information is exchanged, and all motions are litigated, the parties may negotiate with or without mediation or, schedule a trial for a future date.

Mediation

Often, before a trial takes place, the parties agree to go to mediation or arbitration. A mediator is a neutral party that attempts to resolve the dispute between the Plaintiff and the Defendant.  Often, a settlement can be reached during mediation and the case does not go to trial.  Settling means that you agree to forego a trial and accept the payment offered by the Defendant and his insurance company.  While a large majority of cases settle, there are some cases that must be fully litigated and end in a trial.

Trial

If the case does not settle, a trial will be conducted in which jurors make the determination as to who is at fault and what damages may be due.  During the trial, your attorney will present witnesses, cross-examine defense witnesses, and attempt to prove that the defendant is responsible for your injuries.  Moreover, the attorney will put forth information and proof as to your actual damages and request for financial recovery.  If successful, the jury will award damages payable to you.  Of course, prior to a trial, you will choose the attorney that is right for you.

Retaining an Attorney

Contact a Personal Injury attorney at KCRMost personal injury attorneys are paid for by contingency.  This means that they recoup their fees based upon a percentage of your award.  For example, if your attorney provides a retainer agreement that says that his fee is 33%, he will deduct that amount from your overall award.  Essentially, with our firm, you have nothing to lose by scheduling a consultation as it costs nothing.  On the other hand, doing nothing and ignoring your injuries can cost you a lot. You can protect yourself by scheduling an appointment with us today.

Contact a Personal Injury attorney at KCR to help walk you through the intricacies of the litigation process

The Law Office of Kamensky, Cohen & Riechelson has proven experience handling all issues related to litigation processes.

You can fill out the online contact form to schedule a meeting at our offices in Trenton or East Brunswick, New Jersey or contact our Mercer or Middlesex County offices today at (215) 337-4915 to learn more about how our experienced Personal Injury team can assist you.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

Pedestrian accident victims represented by dedicated personal injury lawyers in Trenton, Lawrence, Hamilton, Princeton, East Brunswick and across Mercer and Middlesex Counties

What are my options if injured in a pedestrian accident in NJ?New Jersey ranks 13th in the nation in pedestrian fatalities per 100,000 people, based on the 2017 National Highway Traffic Safety Administration (NHTSA) data, and these numbers continue to rise. On average, one pedestrian is killed every two days in New Jersey and 12 are injured daily. Since May of 2019, more than 54 pedestrians have been killed in accidents with motor vehicles. According to recent NHTSA data, New Jersey pedestrians made up 29% of the state’s 624 fatalities in 2017, almost twice the national average of 16%.

A personal injury can dramatically change your livelihood and well-being, leaving you saddled with numerous medical bills, lost wages, rehabilitative therapy costs, and significant pain and suffering. If your pedestrian or bicycle accident was caused by reckless driving, distracted driving or the careless actions of another, you have the right to seek compensation for your losses.

Is a Lawyer Necessary after a Pedestrian Accident?

Yes. Our car accident attorneys consult with accident reconstructionists and other experts to investigate the crash. We use evidence such as police and medical reports, witness statements, expert testimony, photos, video footage, and other documents.

In some cases, there may be multiple causes and parties at fault. For example, a defective roadway or vehicle malfunction may have made the driver lose control of his or her vehicle. If that was the case, the government agency in charge of maintaining the road, or the vehicle parts manufacturer, might also be partially responsible.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

New Jersey Laws Protect Pedestrians, Joggers, & CyclistsUnder NJ Rev Statute 39:4-36 and Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes, pedestrians have the right of way in a crosswalk. However, pedestrians and joggers are prohibited from suddenly darting from the curb to the street or running in the path of a vehicle that is so close that the driver is unable to stop or yield. Pedestrians and joggers must yield to drivers if they are crossing the road outside a crosswalk and obey all pedestrian-related traffic signals.

Motorists are required to exercise due caution when driving near people on foot or on a bike, but all too often, negligence on the part of car and truck drivers leads to serious pedestrian or bicycle accidents. If a driver strikes you at a crosswalk, they are more likely to be found at fault for the accident.

However, those on foot who maybe have been jaywalking at the moment an accident occurred, may find it more difficult to prove their accident injury case.

Steps to Take if Involved in a Pedestrian Accident

Even at a low speed, an automobile accident can cause disabling injuries, including spine and traumatic brain injuries to a pedestrian, jogger or cyclist.

When a cyclist or pedestrian is injured by a motor vehicle, police and emergency medical personnel should be alerted immediately. Quite often a pedestrian may be confused or in shock and unaware of their injuries or their severity.

Each party should avoid engaging in discussions regarding fault or wrongdoing, as any admission of guilt can later be used against them.

If you are the driver of the motor vehicle:

  • check to see if either you or any of your passengers have sustained an injury
  • check to see if the pedestrian, jogger or cyclist has sustained injuries
  • remain at the scene of the crash or collision
  • call 9-1-1 for help

If possible, both parties should:

  • photograph any visible injuries and the scene, & make video and/or audio recordings
  • exchange names, phone numbers, and insurance information

File a police report to document the accident.

Both parties should also seek medical attention:

  • immediately if they are in a lot of pain
  • right away even if the pain is mild, to document injuries and any non-visible trauma (i.e., spinal and traumatic brain injury)

Not only will you be able to receive the medical attention you need for potentially traumatic injuries, but you will also get a diagnosis of any medical conditions brought about by your accident. This is vital to your personal injury claim, as it creates a direct link between your accident and injuries. The longer you wait to see a doctor, the weaker that connection becomes.

Do not sign any paperwork without speaking to your lawyer. This mostly refers to offers from insurance companies, who will often attempt to get claimants to sign paperwork accepting less than they are owed. In some situations, signing paperwork may even strip your rights for further legal action.

Contact personal injury lawyers who have handled numerous pedestrian and hit-and-run auto accident cases over the years with outstanding results. When you are ready to begin the personal injury claim process, having a seasoned legal team in your corner is essential.

If a Loved One Was Killed in a Pedestrian Accident

According to the Centers for Disease Control (CDC), pedestrians most at risk are adults over 65, children under 15, and both drivers and pedestrians who are alcohol-impaired. If your loved one was hit and killed by a vehicle, you may have a pedestrian wrongful death claim against that vehicle’s driver. We know how difficult these cases are, and we do our best to provide compassionate and thorough legal representation for the family of the victim. When someone is killed, he or she leaves behind a huge emotional and financial gap, and our job is to get fair compensation from the responsible parties to allow the family to heal and to provide for their future.

Consult our Injury Lawyers in our Trenton or East Brunswick offices for answers today

At Kamensky Cohen & Riechelson, our dependable and compassionate lawyers have more than 40 years of experience handling traffic cases, auto accidents and handling personal injury claims for clients across New Jersey and Pennsylvania. We understand the nuances of each state’s traffic laws and are well-informed about changes in the laws.

Our resourceful attorneys will personally guide you through the legal process, keeping you informed every step of the way so that you know exactly what is happening with your case. Our goal is to help you obtain maximum compensation for your losses. However, it’s important for you to know that there is a statute of limitations on your right to sue after suffering a personal injury. You must file your claim within two years of the date your injury occurred or you will lose the right to sue.

Contact us online or by telephone at (609) 528-2596 from New Jersey or (215) 337-4915 to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.