Expert Testimony in a Personal Injury Lawsuit

The testimony of an expert witness becomes an essential step in getting a positive outcome in your personal injury claim.

Expert Testimony in a New Jersey Personal Injury LawsuitIn a New Jersey personal injury lawsuit, having the support of the highest quality personal injury attorney is essential to ensure that you recover all damages resulting from the injury or illness you sustained due to someone else’s negligence. One of the ways a quality attorney will support your successful claim is by calling in expert witnesses as appropriate to your case. A successful personal injury lawsuit can depend on small details such as the additional scientific standpoint of someone offering expert testimony. Read on to learn more about what an expert witness is, how they are used in personal injury cases, and how your personal injury attorney will properly facilitate the use of expert testimony in your personal injury case to recover maximum financial damages.

What Qualifies as an Expert Witness in NJ?

An expert witness is someone who is called in to offer testimony about a subject regarding which they are highly trained. Their testimony is based on their scientific and objective study of the subject at hand. As such, expert witness does not offer subjective reflection except to the extent that their expertise in the matter allows them to draw a sound conclusion.

What is the Purpose of Having Expert Witness Testimony?

Several different types of expert witnesses provide contextual information to support the judge and jury’s understanding and capacity to make an informed judgment in a trial.

Expert witnesses include medically trained professionals such as doctors, nurses, and physical therapists. As long as their training and expertise relate specifically to the injury sustained by a plaintiff or other victim, for example, they may be called in to provide contextual scientific evidence to the nature of the injury and its implications.

Forensic accountants may also be called upon to provide one type of expert testimony. They provide deep investigation and analysis of financial information in divorce and fraud cases.

Mental health experts are often used in criminal trials to determine the mental state of a defendant at the time a crime for which they are accused was committed.

Other examples of expert witnesses are parenting experts who provide information about children’s wellbeing in divorce and custody cases; vocational experts, who determine whether a person is capable of returning to work; and engineering experts, who review structural and design elements of a case involving a building to support the determination of fault in an accident.

What Types of Experts are used in Personal Injury Cases in New Jersey?

The expert witnesses most often brought into a personal injury case are medical, engineering, and vocational experts. When a person is injured in an accident or at work due to someone else’s negligence, there are many expenses, losses, and detrimental changes that they must undergo. Such expenses include medical expenses, out-of-pocket costs, lost wages, physical recovery and temporary or permanent disability, as well as psychological impact.

A medical expert such as a doctor specializing in the type of injury the plaintiff sustains is a very helpful asset to the case because they can determine the severity of the type of injury the plaintiff has medical documentation to show they have sustained. The medical professional offering expert testimony can provide information about the recovery process, such as any necessary surgeries. It can help the judge determine the type of medical expenses the victim still has to undertake to support full recovery.

Similarly, a vocational expert can provide objective information about the plaintiff’s timeline for a return to work, which will help determine the loss of wages they will be subjected to due to the accident.

Personal Injury Attorneys Choosing Expert Witnesses in NJAnd, an engineering expert can be called in in the case of a slip and fall as a result of a building owner’s negligence in construction, for example, to show that their structure was not sound and created a hazard.

How Does an Attorney Choose an Expert?

Depending on the nature of a plaintiff’s claim, the injury sustained, and timeline placement within their recovery, the attorney, will specifically select the type of expert witness that will provide to the judge necessary information about the general details of the plaintiff’s specific case to strengthen their argument.

Our attorneys consult with top experts to support our clients’ personal injury claims. Call our Trenton Office for help with your matter.

Having the support of a skilled and experienced attorney can mean the difference of thousands of dollars in recovered damages as the result of your injury. You want to have a personal injury attorney who is proactive about bringing in all the expert testimony that is appropriate to create an objective and scientific framework for your personal injury, helping the judge gain a sense of how much you have been and will continue to be affected, ensuring that you recover financial damages not just for what you’ve undergone so far, but what you have yet to undergo until you reach a full recovery.

A skilled personal injury lawyer is an essential aspect of your injury claim. Have you been injured due to someone else’s negligence? The seasoned injury attorneys at KCR Law Firm have your back. At Kamensky Cohen & Riechelson, we understand how important your health is, and we work to make sure you have all the resources you need and deserve to get back on your feet. We employ and utilize highly qualified expert witnesses to support our clients across Mercer County towns such as Hamilton, East Windsor, Pennington, Trenton, Princeton, and surrounding places to make sure they’re fully taken care of and can focus on their recovery while we focus on their financial recovery.

Contact us at (609) 528-2596 for a free consultation to discuss your injury and devising an approach that delivers your best chance for a valuable resolution.

Food Poisoning and Personal Injury

Just about everyone has had food poisoning at least once in their lives, and suffice it to say, it is highly unpleasant. The question is, can food poisoning caused by another’s negligence offer grounds for a lawsuit?

Food Poisoning and Personal InjuryUnfortunately, it is common and often difficult to differentiate between food poisoning and the flu, as their symptoms are similar. What many people do not know is that food poisoning can serve as a catalyst for chronic conditions that are debilitating and can cost a fortune in medical treatments. Considering a personal injury lawsuit due to food poisoning may be the correct answer for you.

What is Food Poisoning?

It is a food-borne illness that occurs when one ingests spoiled, contaminated, or toxic food or drinks.

What Are the Different Strains of Food Poisoning?

According to the CDC, there are approximately 250 strains of food-borne illnesses, but most of them are variations on a theme:  salmonella, E.coli, norovirus, and listeria.  One in every six Americans is suspected of having experienced food poisoning at least once each year, and the majority of cases are in the spring and summer.

Salmonella – The leading strain of food poisoning, with about 1,000,000 cases a year, usually caused by consuming contaminated uncooked chicken, eggs, tainted produce, and poultry. A rare form of salmonella can cause typhoid, which is very serious. Symptoms include cramps, diarrhea, and fever and can last 4 to 7 days. If the symptoms continue, antibiotics are required, and hospitalization could be necessary.

E.coli–  There are healthy and harmful strains of E.coli in human and animal intestines, but the harmful kind can be found in soft cheese from raw milk, produce, and uncooked beef.  Symptoms include diarrhea and stomach cramps. The most dangerous strains can cause bloody vomiting and diarrhea, kidney failure, and seizures, requiring immediate hospitalization.

Norovirus– Although it is one of the more benign types of food poisoning, it is highly contagious. It can be spread in water, person to person, on surfaces, and food contamination. Symptoms of Norovirus are nausea, vomiting, diarrhea, and fever. The greatest danger with Norovirus is for young children and seniors who can become dehydrated in a short period. Curiously enough, this virus is found on cruise ships occasionally due to its rapid propagation and resilience to extreme temperatures; the floating neighborhood is an ideal spot for it to spread.

Listeria– This strain of food poisoning is much less common but also a lot more serious. It has a mortality rate of 20-30%.  The majority of sufferers are pregnant women, children, and the elderly.  They are commonly placed on IV antibiotics and hospitalized for several days. Their symptoms include a high fever, confusion, convulsions (induced by the fever), vomiting, and weakness in the extremities. The causes are unpasteurized milk products and tainted raw meat.

Overall Treatment for Food Poisoning

For the most part, food poisoning can be treated at home. The key is to stay hydrated and get the electrolytes you need to keep your organs functioning properly. Sports drinks with electrolytes, coconut water, and clear broth are good options and can be ingested as little as a spoonful every 20 minutes. Avoid irritants such as caffeine, carbonated beverages, or dairy products.

If, however, your symptoms worsen, your mouth is dry, and you feel very weak, you are short of breath, have had a high fever for more than 48 hours, or had Bloody stools or vomit, medical intervention is necessary as you may have an infection.

Can I File an Injury Claim For Food Poisoning?

Personal Injury and Food Poisoning Attorneys in Princeton, NJProving that last night’s steak dinner is what has you sick today is not as easy as it seems. Most of the time, you will be told that you had the flu. As some of the symptoms are similar, that is a possibility.  Food poisoning can give you symptoms as early as within 2 hours of having consumed the tainted food.

The easiest way to prove that you had food poisoning is if others were made ill at the same time as you were. A good example of this is the previously mentioned cruise. If many passengers are getting sick with the same symptoms simultaneously, you may have a case.  Grocery stores or mini markets that don’t pull items from their shelves after being warned by the CDC that they may be contaminated leave themselves wide open for a personal injury suit.

Some people who have had food poisoning develop IBS, Reiter’s Syndrome (a kind of arthritis), or other chronic digestive ailments.  If your doctor can connect one to the other, you may be able to file a claim for financial damages from the party responsible.

Do I Have a Food Poisoning Case? Find out by calling our offices for a free consultation with our NJ Injury Attorneys.

The most important key to having a case is evidence. Your best bet is to meet with an attorney and map out an outline of precisely what happened and when. Be sure to have all medical reports, lab tests, and other evidence, such as photos of products and their serial numbers or expiration dates.

If you suspect you had food poisoning or know someone who has, and you believe that the business responsible should be held accountable for their carelessness, it is time to meet with a personal injury attorney who is knowledgeable and experienced in this field.

Food poisoning can cause a significant threat to your health; sometimes, it can even become life-threatening. Kamensky Cohen & Riechelson is a law firm that will work with you personally to build your case. We serve clients throughout Mercer County, Middlesex County, and Somerset County, in towns like Carteret, Dunellen, Monroe, Ewing, Hamilton, and nearby places.

Call us today for a free consultation at (609) 528-2596 in New Jersey or (215) 337-4915 in Pennsylvania. Let’s discuss how we can get you the compensation you deserve for your food poisoning matter.

Key Components and Process of a Personal Injury Lawsuit in NJ

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm

Key Components and Process of a Personal Injury Lawsuit in NJAccidents happen. It is a part of life and a part of being human. However, not all accidents have to happen. Because it is our responsibility as citizens of New Jersey to be mindful and careful of our actions, there are laws established to protect those who are injured as the result of someone else’s negligence. When someone is injured in such an accident, it is their right to be able to focus on their healing, resting assured that the finances related to the accident or time lost from work will be covered. A personal injury lawsuit helps the victim of an accident do just this, and the expert guidance of a skilled personal injury attorney can support that process to include finances necessary to ensure a full recovery, even if therapies must continue into the future.

Personal Injury Lawsuits

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm, a car accident, a slip-and-fall accident on someone’s property, an animal bite, libel, or defamation. In short, anything that causes physical, emotional, or professional damage could potentially be eligible for a personal injury lawsuit.

In New Jersey, the state Civil Division tries personal injury cases. The outcome of these cases are determined based on a handful of factors:

Medical Expenses

Medical expenses are all expenses that relate specifically to the injury, such as medical procedures, pharmaceutical costs, and lifestyle support changes due to the injury. Such medical expenses could extend into the future; for example, if ongoing chiropractic treatment will be needed to support the full recovery of the victim of a car accident, estimated future costs of therapeutic measures will be taken into consideration in the lawsuit.

Out-of-pocket costs

These costs are expenses that the victim must shoulder in order to get the care and supplies needed due to their injury. There are a wide variety of out-of-pocket costs that a victim may not immediately consider expenses related to the accident, as injury causes subtle shifts in lifestyle necessities that wouldn’t have otherwise been needed. A personal injury attorney will help the victim discern which out-of-pocket costs were directly related to the injury, for inclusion in the claim.

Pain and suffering

Contact Our Mercer County NJ Lawyers TodayContrary to medical expenses and out-of-pocket costs, which are more objective, the cost of pain and suffering caused by the accident are a bit more of a subjective measure. A personal injury attorney will support the victim in determining what the cost of the accident has been on the victim’s psychological and overall well-being; this will include any professional psychological support that needs to be sought due to the accident.

Lost income

After an accident, a victim often must take time off from work in order to tend to physical injuries. This, of course, can cause a financial strain. A personal injury lawsuit takes into account the income lost to date and projected future income lost.

Based on the projections of these four factors, the size of the personal injury claim is calculated. Generally speaking, a personal injury attorney will withdraw some portion of the settlement for their services, meaning that they only get paid when the settlement is reached and the victim receives financial damages. Because of this contingency basis, personal injury attorneys are only likely to take up cases that they believe that they will win.

Following Time Limits For Filing A Personal Injury Claim and New Jersey Shared Fault Laws

New Jersey Revised Statutes 2A:14-2 notes that the Statute of Limitations on personal injury cases is two years. This means that after two years since the accident occurred, a plaintiff who files a personal injury claim will likely not be heard in court. With few exceptions such as extenuating circumstances, this is the general time limit for filing a personal injury lawsuit.

In addition, because New Jersey operates under shared fault laws, if the victim, or claimant, is found to have been partially responsible for the accident, their total financial claim will be reduced by the percentage for which they were found responsible. If they were more than half responsible for causing the accident, they relinquish rights to financial compensation for their injuries.

Contact Our Mercer County Accident and Injury Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our personal injury attorneys are experienced in guiding clients across Trenton, Princeton, Hamilton, and the greater Mercer County area through the process of filing and carrying out a personal injury lawsuit.

To meet with an experienced member of our firm today regarding your accident, please contact us online or through our Trenton office at 609.528.2596.

What Is the Liability of Fabric Mask Manufacturers During COVID-19? 

Proactive steps taken premarket can ensure legal compliance and avoid unnecessary liability in the future.

What Is the Liability of Fabric Mask Manufacturers During COVID-19? The CDC (Centers for Disease Control) recommends that people wear masks in public settings, like on public and mass transportation, at events and gatherings, and anywhere they will be around other people.  Masks may help prevent people who have COVID-19 from spreading the virus to others and are most likely to reduce the spread of COVID-19 when people in public settings widely use them.

Along with this recommendation, many businesses, individuals, and other entities have stepped up to assist in manufacturing and distributing the additional masks needed to keep up with the increasing demand. Proactive steps taken premarket can ensure legal compliance and avoid unnecessary liability in the future.

Are Facemasks Regulated by the FDA?

Face masks used in hospital and surgical settings are considered medical devices and are therefore regulated by the FDA (Food and Drug Administration). Face masks, such as the CDC’s type for the general public to help slow the spread of COVID-19, are also considered medical devices. Normally, non-surgical face masks worn by the general public in this type of scenario would be considered a Class I medical device and would require a plethora of strict regulations to be produced.

How Were Regulations Changed To Facilitate Public Need?

On April 18, 2020, FDA issued an Emergency Use Authorization (EUA), which authorized the use of face masks for use by the general public in connection with the COVID-19 pandemic allowing the production of facemasks for public use without jumping through the usual regulatory hoops as long as they meet the requirements of the EUA.  This allows the face masks to get to those who need it much more quickly. Some of the changes include a shorter approval process for medical products, the use of unapproved medical products, and the use of unapproved medical products in an emergency.

How Were Regulations Changed To Facilitate Public Need?That being said, the EUA requirements must be strictly followed to be legally marketed and avoid going through the previous FDA regulatory channels. Failure to do so could result in your product being illegally marketed or misbranded, which can result in the recall of the products, forfeiture, seizure of products and profits, criminal penalties, and/or hefty civil fines. In other words, it is not worth it to cut corners and get caught.

What Is the Public Readiness and Emergency Preparedness Act (PREP)?

In March, the Department of Health and Human Services issued a declaration that authorized the Public Readiness and Emergency Preparedness (PREP) Act. This act gives immunity to certain businesses that provide medical materials meant to help combat COVID-19.  While the PREP Act offers immunity, it is vital to know it is not absolute. In fact, businesses must meet specific guidelines and conditions not to be responsible for certain types of liability claims.

Will the PREP Act Protect A Business from All Liability?

Whether a business has protection from the PREP Act depends on many factors. The PREP Act does not provide immunity:

  • Against federal enforcement actions
  • From every type of claim – in fact, the immunity is limited to personal injury or property damage claims.
  • To products used before or after the emergency period, which runs from Feb. 4, 2020, to Oct. 1, 2024
  • To claims of death or serious physical injury due to willful misconduct
  • For foreign claims where the U.S. has no jurisdiction or where U.S. law does not apply

What are the Basic Standards that Mask Manufacturers Must Complete?

  • The product is labeled accurately to describe the product as a face mask and includes a list of the body contacting materials (which does not include any drugs or biologics)
  • The product is labeled accurately so that it does not claim to be intended for use as a surgical mask or to provide liquid barrier protection.
  • The product labeling includes recommendations against use in a clinical setting where the infection risk level through inhalation exposure is high.
  • The product is not labeled in such a manner that would misrepresent the product’s intended use; for example, the labeling must not state or imply that the product is intended for antimicrobial or antiviral protection or related uses or is for use such as infection prevention or reduction;
  • The product is not labeled as a respiratory protective device, and therefore should not be used for particulate filtration.
  • The product is not labeled for use in high-risk aerosol-generating procedures.
  • Take steps to ensure that the labeling information is available to the end-user.
  •  Include instructions regarding the recommended cleaning of the materials.
  • Implement a process to report adverse events.
  • Maintain records related to the Emergency Use Authorization.
  • Comply with certain requirements for advertising and promoting the masks.

How Can We Help You?

Whether you are a manufacturer or a consumer, we invite you to contact The Law Office of Kamensky, Cohen & Riechelson immediately to offer you the most efficient, knowledgeable, and fair solution.  Your rights are important to us, and we are here to defend them.  You can contact us at (609) 528-2596 or (215) 337-4915. We focus on success and get results, which is why our clients have trusted us for more than 40 years.

WHAT CONSTITUTES NEGLIGENT SECURITY IN NEW JERSEY?

Negligent security is a branch of premises liability which refers to the failure to provide a safe environment for patrons or visitors.

WHAT CONSTITUTES NEGLIGENT SECURITY IN NEW JERSEY?Hotels, motels, bars, clubs, parking garages, offices, stadiums, malls government buildings such as galleries and museums are examples of locations where negligent security is likely to occur. Burned out lights in a building´s perimeter or a parking lot, blind spots not captured by security cameras, and faulty door locks can all lead to a criminal taking advantage of the security lapse and causing you injury and loss of property.

WHAT MUST BE PROVEN IN ORDER FOR A NEW JERSEY NEGLIGENT SECURITY CLAIM TO BE SUCCESSFUL?

  1. Was there a reasonable knowledge of the danger by the property owner? A history of police visits can be taken into account.  A bar rife with a crime in the past must take measures to ensure the safety of its patrons to prevent them from becoming future victims of a repeating pattern of violent crime.  A mall parking lot with several dark areas due to burned out lights could rapidly become a preferred spot for thieves looking to line their pockets and steal your hard-earned money or worse.
  2. Was there adequate security? This is determined on a case by case basis. The number of well-trained security staff, sufficient security cameras, and surveillance equipment, as well as trained staff to monitor camera activity. In large, outdoor spaces such as mall parking lots or grocery stores, proper lighting and scheduled rounds by security guards to deter violent crime are also the responsibility of property owners.
  3. Was there action taken or not taken which directly led to your personal injury?

Repetitive visits by police due to violent crimes, poorly trained security staff, poorly trained or insufficient staff, or employees of any kind who are deficient in their responsibilities can all lead to a negligent security situation.

What are the drawbacks to filing a negligent security case?

These cases are sometimes complicated to prove as the evidence can frequently rely heavily on limited testimony.  If you have been injured as a result of negligent security, it is of the utmost urgency that you seek professional medical attention as soon as possible.  This is not only to have vital documentation of your injuries but also to assure your physical well being directly following the incident.  Follow up visits or physical therapy should also be documented as well.

What is the key to proving negligent security?

What is the key to proving negligent security?Finding a property owner negligent means demonstrating that there were foreseeable circumstances of an existing dangerous situation and the problem was never addressed. It is also invaluable to show that the victim was on the property legally and was not participating in any illicit activities.  Frequently property owners place all of the blame directly on the attacker, contending that the only liable person was the one who committed the crime.  While the assailant is most assuredly primarily responsible, owners are required to provide a safe environment for their guests to protect them from unsafe conditions or violent actions by a 3rd party.

Foreseeable circumstances include the type of business and its security needs.  For example, a jewelry store or check cashing office would require better security inside and around its facilities.  Also, if a business is close to an ATM where robberies could take place would require extra vigilance. A supermarket that has experienced an increase in violent crime in its dark parking lot could be found negligent.

How can our New Jersey negligent security lawyers help you?

We will work aggressively to collect, preserve, and analyze all evidence in your case.  This includes:

-An immediate site inspection.

-Preservation of evidence.

-Photographing and video recording the scene.

-Gathering past criminal reports linked to the property.

-Working with law enforcement.

-Obtaining witness statements.

What kind of damages are allowed in a negligent security case?

Pain and suffering

– Emotional harm

– Medical bills

Lost wages

– Future care services

– Physical therapy

– Lost wages

– Wrongful death damages

Contact a Mercer County Personal Injury Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson we have extensive experience recovering full and fair personal injury compensation for clients and their families in towns across Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and all of Central New Jersey and the surrounding communities.

Our team of attorneys strongly believes in working closely with not only his clients but their families as well. This is because he understands just how stressful an incident like negligent security and the resulting damage can be, and how it can affect the financial security of the family as a whole.

To speak with our legal team today in a free and confidential consultation regarding your injuries resulting from poor or negligent security measures, or any other kind of accident caused by the reckless or negligent actions of a third party, your options for making a personal injury recovery, and how exactly we can help you and your family, please contact us online, or through our Trenton, NJ office at 609.528.2596.