How Long Will It Take to Get a Settlement Check After A Personal Injury Accident in NJ?

So you agreed to a personal injury settlement, now how long do you have to wait for the payment to actually come?

How Long Will It Take to Get a Settlement Check After A Personal Injury Accident in NJ?

If you or someone close to you were the victim of someone’s negligence or has suffered a traumatic personal injury, there is no doubt some anxiousness about when you can get your settlement check to get the compensation you deserve and move on with rebuilding your life. As you patiently await the finalization of your claim, your bills and related medical expenses may be causing additional stress and uncertainty, and you may be tempted to take the insurance company’s quick settlement offer. Having an experienced and knowledgeable attorney on your side who can protect your rights, negotiate with the insurance companies on your behalf, and help expedite your compensation for losses and your pain and suffering, is invaluable.

The personal injury lawyers at Kamensky Cohen & Riechelson will collect and organize all the available evidence to support your claim, including medical records of your injuries and necessary treatment, an analysis of the circumstances that preceded the event, and any photographic or video documentation of the incident. By constructing a compelling argument on your behalf, we diligently work towards obtaining just compensation for you or your loved one. No matter what personal injury case has negatively impacted you and those you love, costing you time, money, and the intangible emotional and physical trauma of the accident, you can place your trust in our talented team of personal injury lawyers who can help.

Contact our Trenton and Pennington, New Jersey offices at (609) 528-2596 to discuss your case with a member of our personal injury legal team at no cost. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.

Four Steps You Can Expect Before You Receive Your Princeton, NJ Injury Settlement Check

Before any checks are issued:

  1. The defendant’s insurance company will ask you to sign a release stating you will not seek future legal action against them about this particular personal or accident injury case. This means that the settlement you accept (and decide not to pursue a trial of some kind) needs to fully and fairly cover all of your damages, both present, and future.
  2. Then there is the waiting period in which the insurance company processes the release form, which depending on the amount, can be fairly quick or a longer process intended to wear you down into accepting less than you deserve.
  3. After the insurance company issues a check, your attorney will deposit the check in an escrow or trust account and pay off any existing liens (i.e., child support), creditors, medical provider, or related unpaid expenses.
  4. Later, after the deduction of your legal fees (which may be a percentage of your settlement or an hourly fee plus expenses) and other costs such as for expert witnesses, investigators, depositions, court fees, or taxes, you can expect to receive a settlement check in the mail with a final legal fee statement and a copy of the final settlement agreement; which you signed after settlement negotiations.

Even if the liability seems straightforward, it can take up to six weeks or longer to receive an accident injury settlement check if the case is complex or the insurer tries to delay the process.

At Kamensky Cohen & Riechelson (KCR), our team of personal injury attorneys has both experienced trial attorneys and skilled negotiators who are committed to securing you the maximum compensation you need and deserve, while also remaining attuned to your immediate financial needs and concerns. We fight tirelessly throughout the legal process of your claim, while staying focused on the timeline so that we do everything we can to avoid unanticipated delays in you receiving payment from the negligent party or parties. We are prepared to negotiate a fair settlement on your behalf and, if necessary, fight for you in court.

Top 6 Reasons Why Your Mercer County, NJ Personal Injury Settlement Is Delayed

Circumstances differ depending on the unique elements of your case. Although it’s fairly common for delays to occur if you’re waiting to receive your personal injury settlement, there are multiple reasons why this could be taking longer than expected.

It could be something as simple as the other party not signing off on their release form. If an estate or multiple parties are being sued for damages, sorting out the particulars could take longer, as it could require additional preparation or more paperwork.

Here are six (6) common reasons why your personal injury settlement may take longer:

  • legal or factual problems related to the case,
  • dispute determining liability,
  • severity of the injuries,
  • injury victim is still being treated for accident-related injuries,
  • the case involves a large sum of money, or
  • the case is going to trial.

Top 6 Reasons Why Your Mercer County, NJ Personal Injury Settlement Is DelayedSometimes choosing mediation, a less contentious and time-consuming option, might be more appropriate for finding a middle-ground resolution for your accident injury claim. In other situations, the insurer might offer you a pre-litigation settlement to avoid the risk of a large jury-awarded settlement. Either way, to properly prepare for the long haul, consult a knowledgeable personal injury attorney who can advise you on what to expect, help navigate delays, and help accurately determine how much you should be seeking in terms of medical expenses, lost income, and physical and emotional pain and suffering.

If you or someone you love has suffered an accident injury, or wrongful death and you suspect that another party is responsible, contact us online or at our offices in Trenton or Pennington at (609) 528-2596 today to schedule a cost-free initial consultation. We also provide representation for injured victims and families in Pennsylvania.

Contact Our Trenton, NJ Accident and Personal Injury Attorneys Today

Whether it’s a personal injury or workers’ compensation-related matter, Kamensky Cohen & Riechelson is here for you. Our accomplished team of attorneys has a proven record of success in helping injured people and their families obtain fair and just compensation for their losses as soon as possible.

We understand the hardships you face – medical bills, wage loss, pain and suffering, insurance companies that say “no” – and will work with you personally to help you through the legal process. We provide knowledgeable guidance and strong advocacy for clients throughout Mercer, Burlington, Middlesex, and Somerset counties and across all of New Jersey and Pennsylvania. We abide by a contingency model, which essentially means that we work for you for free until you receive compensation.

There are strict time deadlines or statutes of limitations on filing claims, so it is in your best interest to consult with and retain an attorney immediately to file your claim in a timely manner, or you will lose any right to recovery.

Contact us online or through our Trenton, NJ office at (609) 528-2596 today to speak with our legal team regarding your accident, injuries, and how we can help you and your family to recover fully and fairly compensation through a settlement or a trial verdict.

What Is the Minimum Salary For New Jersey Workers to Receive Workers’ Compensation?

An experienced Workers´ Compensation team of attorneys will guide you all the way to get a fair outcome in your case.

What Is the Minimum Salary For New Jersey Workers to Receive Workers’ Compensation?Being injured on the job opens the door for a myriad of complex, often overwhelming questions. What is workers’ compensation?  If you are hurt at work, workers’ compensation is an insurance provided by your employer used to cover medical costs, rehabilitation (if necessary), and lost wages while you are recovering. Occupational hazards, temporary/total disability, permanent impairment, and death benefits are also covered.

Workers’ compensation began in the early 1900s and was available for federal workers only.  Later, each state would provide it for all employees, be they government or private employees. By the 1950s, all states had workers’ compensation laws on the books; however, as the programs are determined by the state government, the laws may differ according to the state in which you reside, including New Jersey and elsewhere across the United States. It is important to get all of the facts and be sure you are receiving the benefits you are entitled to.

Why Is Workers’ Compensation Important?

Employees are entitled to be covered under workers’ compensation because on-the-job injuries or work-related illnesses can be expensive, and proving negligence in court on the part of your employer is a tough row to hoe.  Workers’ compensation allows employees to receive financial assistance quickly.  It is well known that illness and injuries are unfortunately a frequent occurrence in the workplace, and this benefit provides economic support during the worker’s recovery. Business owners don’t have to fight a lawsuit for every workers’ injury because their employees are covered in terms of lost wages and medical treatment.

What Are the Kinds of Benefits Offered Through Workers’ Compensation?

Permanent Total Benefits are given when a worker, due to his or her injury or illness, is incapable of returning to work of any type due to their condition.  Permanent Partial Benefits are given when someone loses a limb or vital body part such as the eyes or incurs damage to a major organ.  Temporary Total Disability Benefits are given when a person is out more than seven days due to an injury or illness. For an injury or illness that is work-related but does not cause an extended physical debilitation, Medical Benefits such as medications, doctor’s appointments, physical therapy or chiropractic appointments, and hospitalization services, along with diagnostic tools such as ultrasounds, MRI’s, CAT scans, x-rays, and others.

What Are the Death Benefits Provided by Workers´Compensation?

No one wants to think about an accident or illness that leads to the death of a loved one but having a source of income after a tragedy can certainly put minds at ease. Death benefits start from the date of the employee’s passing.  Some benefits end later than others depending upon whether or not the worker qualifies for extended benefits.  The beneficiaries include the spouse, a dependent child, a dependent grandchild, or the deceased’s parents when there are no other beneficiaries.  There is also a burial benefit which pays between $4,000 and $12,000 depending upon the benefits obtained and state guidelines.

What is the Base Salary to Receive Workers’ Compensation and How Much Does It Pay?

What is the Base Salary to Receive Workers’ Compensation and How Much Does It Pay in NJ?To qualify for worker’s compensation, a person must earn a minimum of $34,320. For regular biweekly payments, workers’ compensation recipients receive 66% of their salary amount—a minimum of $34,320. In general, that would apply to the majority of full-time workers. Frequently, workers’ compensation recipients agree to a settlement rather than monthly payments. The settlement covers everything from lost wages and medical costs to scarring or deformations due to the injury.  There is no way to estimate an average amount of compensation as each case is unique, but they usually range between $3,000 and $50,000.  When a settlement is decided, the beneficiary agrees not to seek further legal action against the employer, which is beneficial to the insurance company and keeps the employer’s premiums reasonable.

Contact our Team of workers’ compensation attorneys for an initial free consultation.

Whenever dealing with legal and financial affairs, it is always a good idea to seek legal counsel. At Kamensky, Cohen, and Riechelson, we pride ourselves on listening and taking our clients through their legal process clearly and effectively. We can help you to submit your claim and make sure your rights are protected. Our convenient offices Trenton have allowed us to serve countless clients with workers’ compensation matters throughout Mercer County and the greater South Jersey region.

If you need personalized advisement and assistance for a case in Princeton, Hamilton, Robbinsville, Hopewell, Pennington, Lawrence, or other New Jersey towns, our skilled legal professionals are prepared to help. Contact (609) 528-2596 to speak to a workers’ compensation attorney with experience about your particular claim.

Slip and Fall Cases and The Burden Of Proof in NJ

You are entitled to seek the professional advice of a personal injury lawyer to help you present the most compelling evidence in your slip and fall case.

Burden of Proof for a Slip and Fall Case in NJCollecting a sufficient amount of evidence to meet the burden of proof for a slip and fall incident may be one of the most complicated steps for this type of case. It involves proving that the business owner neglected to correct any abnormality in their establishment that could lead to an incident. Also, the claimant needs to prove that the slip and fall actually took place in the particular business location they are identifying.

Crucial Elements to Build a Slip and Fall Negligence Claim

Three crucial elements need to be evaluated on a slip and fall case to deem it a valid negligence claim, following the same legal procedure as any other negligence case. The elements that truly combine to form a slip and fall claim are as follows:

Duty

A concept that recognizes a party’s contractual responsibility to another party, meaning the business owner is obligated to a legal duty of care, offers a safe environment to his customers, thus preventing any slip and fall incidents.

Breach of duty

It takes place when one of the involved parties in a case fails to comply with their duty of care towards the other party. Referring back to the slip and fall case, the business owner would have breached their duty of care towards the clients or claimants when an unsafe environment was known to be present and minimal warning was given to the buyers. For example, floors were cleaned and mopped, but no appropriate signaling was placed on warning of wet and slippery surfaces.

Causation

It is defined as the action from which the specific injury or incident occurred, thus holding a party liable for it. It usually is reserved for wrongful death cases, where the court must have the ability to determine a reasonable cause due to which the defendant’s breach of duty directly resulted in the death of the other party. Additionally, the court must also prove that the business owner is truly negligent and did not prevent the incident.

For example, going back to the slip and fall case, the business owner would have also failed to request a warning signal or demand to clean the surface, even after being aware of the wet and slippery floor. Therefore the burden of proof lies on the complainant’s ability to collect sufficient evidence and witnesses, attesting to his version of the facts, to receive damages for any personal injuries sustained due to a trip, slip, and fall event leading to serious injuries.

Obtaining Injury Compensation Does Not Need To Be Frustrating

Obtaining Injury Compensation Does Not Need To Be FrustratingBack in 1996, a popular case in the New Jersey Supreme Court, titled Wollerman v. Grand Union Stores, forced a change in how obtaining personal injury compensation is perceived, that is, not necessarily a frustrating ordeal. The Wollerman Rule states that some stores or businesses are more prone to be risky environments for their visitors based on the very nature of the manner in which they conduct business. In other words, more interactions and the type of interactions that occur in the particular type of business make accidents more of a likelihood than in others. A grocery store, for example, selling produce (vegetables and fruits) in open bins may have to keep a closer eye on produce falling to the floor, thus increasing the possibility of slips. The business is then responsible for implementing a client safety protocol designed to reduce the risk level during their operations and customer servicing schedules. In an example such as this one, the burden of proof would be in the defendant’s hands instead of the claimant’s.

Contact our Personal Injury Lawyers for a Free Consultation

If you or a loved one are in the middle of a slip and fall case and need to understand how to gather sufficient evidence to meet the burden of proof that makes you eligible for personal injury compensation, you are entitled to seek the professional advice of a personal injury lawyer. At The Law Office of Kamensky, Cohen & Riechelson, we passionately advocate for clients who have been injured in accidents in Trenton, Princeton, Hamilton, and the greater Mercer County area. Whether you are currently involved in a personal injury claim, have questions regarding the burden of proof on slip and fall incidents, or need a talented attorney who can help you navigate all the nuances and legalities to safeguard your best interests, contact our firm today.

You can call us at 609-528-2596 or contact us through our online contact form to schedule a free and confidential consultation to discuss your individual needs and concerns.

Filing a Medical Malpractice Lawsuit for Hospital-Acquired Sepsis

Learn what your rights are if you develop sepsis and whether you can file a medical malpractice lawsuit for negligence.

Filing a Medical Malpractice Lawsuit for Hospital-Acquired Sepsis in New JerseyWhen one goes to the hospital for a scheduled surgery, they expect to be cared for and return home healthier. For the vast majority of hospital patients, this is the hospital experience. In some rare cases, patients come back sicker than when they arrived for their surgery due to an infection contracted at the hospital. One such infection is called sepsis.

What is sepsis?

Sepsis is a medical condition that occurs when inflammation results from a body’s natural immune response to infection. When the body generates chemicals to fight an infection, there may be a brief increase in body temperature, causing fever or other temporary responses. On the other hand, sepsis can be a life-threatening inflammation response to infection if it isn’t identified immediately and treated swiftly. If sepsis occurs due to your stay in the hospital or that of a loved one, you may have legal grounds to file a medical malpractice lawsuit.

What are the risk factors for developing sepsis in the hospital?

There are multiple ways sepsis can occur as the result of an infection contracted in the hospital. Infections contracted while within the hospital for treatment of another issue are called hospital-acquired infections (HAIs). Some common HAIs leading to sepsis are infections caused when wounds are not properly sewn up or attended to, leading to infection. Another example is infections that enter the bloodstream through contaminated medical equipment. Pneumonia can also be caught in a hospital for various reasons, and complications from pneumonia can cause inflammation in the body leading to sepsis. When untreated, urinary tract infections and gastrointestinal infections can also lead to sepsis.

Because hospitals are hotbeds of germs, the potential contaminants that can lead to infection are many; and the body, in its weakened state from treatment, is particularly susceptible to infection. Given the variety of bacteria and infection-causing germs in hospitals, there is an increased risk that even a small oversight of sterilization can lead to infection and sepsis. Additionally, there are many routes through which these germs can enter a weakened system, as patients are often on ventilators, IVs, or other systems that create a pathway into the body for these invasive germs.

How do I know if I have a valid case for medical malpractice due to sepsis?

There are four criteria for determining negligence, which together will clear the way for filing a medical malpractice lawsuit. The four required elements to be proven are the following:

  • There must be documented evidence that the hospital or medical practitioner you entrusted your care or that of your loved one to had a legal duty to provide care;
  • There must be documented evidence that said hospital or medical practitioner did not adhere to the basic standards of care that would keep a patient safe. In the case of sepsis, you must therefore show that the medical practitioner did not identify the risk for or presence of sepsis and immediately treat it, which would be the standard of care.
  • There must be documented evidence that the medical practitioner’s lack of standard of care led to the victim, you, or a loved one suffering harm in the form of injuries, illness, or death.
  • Finally, there must be documented evidence of a direct line of fault between the medical practitioner’s negligence or mistake and the victim’s harm.

How do I know if I have a valid case for medical malpractice due to sepsis?

Because all four of these elements must be met to prove negligence and pave the way for a medical malpractice lawsuit, it is essential to support a skilled and experienced medical malpractice attorney. A medical malpractice attorney will work on your behalf to determine whether the condition you or your loved one as a patient was diagnosed with and treated for from start to finish was properly diagnosed and handled, and find the specific evidence and documentation required to support your case in court.

To ensure that you navigate the medical malpractice process effectively and receive your fair share of damages when you or a loved one is the victim of sepsis caused by a medical practitioner’s negligence, you must seek the support of a qualified attorney.

Contact our Medical Malpractice Attorney for a free consultation

If you have been the victim of sepsis contracted in a hospital or medical facility, we are on your side.

At The Law Office of Kamensky, Cohen & Riechelson, we successfully represent Princeton, Lawrence, Hamilton, New Brunswick, and Mercer County.

To speak with our firm today regarding your dental malpractice claim, please call us at  (609) 528-2596 or visit our online form.

Essential Workers and Workers’ Compensation for Contracting COVID-19

Typically, to receive workers’ compensation in New Jersey, an employee must prove they suffered a job-related illness or injury.

Essential Workers and Workers’ Compensation for Contracting COVID-19A recent law creates a presumption during the ongoing public health crisis that essential employees’ illnesses are related to their work. New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency declared by the executive order of the governor. The law is effective immediately and retroactive to March 9, 2020.

The law defines an essential employee as an employee in public or private sector who during a state of emergency

Public Safety Worker or First Responder

  • including any fire, police, or other emergency responders

Providing Care Related Services

  • medical and other healthcare services, emergency transportation, social services, and other care services, including services provided in health care facilities, residential facilities, or homes

Essential Roles in Close Proximity to the Public

  • performs functions that involve physical proximity to members of the public and are essential to the public’s health, safety, and welfare, including transportation services, hotel, and other residential services, financial services, and the production, preparation, storage, sale, and distribution of essential goods such as food, beverages, medicine, fuel, and supplies for conducting essential business and work at home; or

Deemed Essential Employee by Public Authority

  • Any other employee deemed an essential employee by the public authority declaring the state of emergencies such as grocery store workers, pharmacy employees, medical supply stores, gas station attendants, convenience store employees, cashiers and store clerks, childcare employees, or construction workers.

What Does the Law Say?

Under the law, in a public health emergency declared by the governor, if an individual contract COVID-19 during a time in which the individual is working as an essential employee in a place of employment other than the individual’s own residence, there will be a rebuttable presumption that the contraction of the disease is work-related and fully compensable for workers’ compensation benefits.  A rebuttable presumption is an assumption made by a court taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a criminal case is presumed innocent until proved guilty. A rebuttable presumption is often associated with prima facie evidence.

An employer may rebut this presumption by a preponderance of the evidence showing that the worker was not exposed to the disease while working in a place of employment other than the individual’s own residence.

Establishing a presumption of compensability for certain essential workers during the pandemic has become a growing trend among states that significantly lessens an employee’s burden of proving that a COVID-19–related illness is compensable under workers’ compensation laws. Details of these state law amendments vary. In states that have implemented a rebuttable presumption, such as New Jersey, employers will face the difficult burden of proving that an alleged COVID-19 contraction is not work-related. However, while employers in these states may be faced with an uptick in workers’ compensation claims, employers will also likely be insulated from civil liability pursuant to the workers’ compensation bar, absent some exceptions to the bar, such as the intentional injury exception.

How Will This Impact Employers?

Contact Trenton NJ Workers Compensation Lawyers TodayThis law will encourage the filing of workers’ compensation claims for COVID-19 infections. It makes defending an occupational infection case much harder for employers. This law provides that losses associated with workers’ compensation claims are not be included in calculating an employer’s Experience Modifier Rate or otherwise affect an employer’s insurance premium rate for the employer’s workers’ compensation policy. This would provide some protection to employers against any increased premiums.

It is not new for New Jersey to take such proactive measures to protect its public safety employees. New Jersey was at the forefront in creating protection for first responders, including first aid and rescue squad members, police, correction officers, nurses, medical technicians, and other medical personnel with the Canzanella Act‘s passage in July 2019, which created a rebuttable presumption of workers’ compensation coverage for those who can establish evidence of exposures to communicable diseases in the workplace. This Act was already being applied to the COVID-19 pandemic. However, this latest presumption greatly expands the definition of “essential employees” to many individuals working in the private sector.

Contact Trenton NJ Workers Compensation Lawyers Today

Our team’s skill, and dedication to your family, can make all the difference in securing compensation for the unwarranted loss of your loved one in  Trenton, Princeton, Hamilton, and the greater Mercer County area.

It is good to know that protection for essential workers and compensation is available if needed.  If you have a workers’ compensation case, feel free to contact The Law Office of Kamensky, Cohen & Riechelson online or through our Trenton office at 609.528.2596. We look forward to working with you.