Physical Therapy after an Accident in NJ

The three most common reasons for physical therapy are falls, auto accidents, and sports injuries.

Physical Therapy after an Accident in NJWhile people suffer accidents daily, tripping up a curb, banging a head on an open cabinet door, or jamming a leg against the corner of a low table, many serious injuries require a physical therapist’s help. Physical therapists treat serious and non-serious injuries alike, as injury can occur wherever you go, home, work, roadways, and stores. But when you cannot sleep, work, or grocery shop because you have too much pain to tend to daily activities, you need rehabilitative pain relief and restoration of healthy muscles, tendons, ligaments, and bones. Restorative therapy includes strength, endurance, and flexibility.

When you slip on a slick surface or fall from a height, you may end up with sprains, bruises, cuts, and fractures. After visiting your doctor for a health evaluation, you may get a referral to a physical therapist to treat specific areas of the body, for instance, the back, neck, head, arms, and legs. Depending on how you feel, you may experience pain not only in the area directly impacted with the hard floor in the supermarket slip and fall, like the knees but also the neck and shoulders from bracing for the fall. In many accidents, the neck, back, and shoulders are jolted from impact but also tensing up in anticipation of impact and protecting the head. Whiplash is common in many types of accidents.

Physical Therapy after Car Accidents

Take car accidents, for instance. Of the millions of car accidents annually, whiplash is one of the more common resulting injuries. A driver may see the oncoming car or swerving vehicle into their lane and tense their arms, grip the steering wheel, clench their jaw, and stiffen their neck. When the impact occurs, all muscles, joints, nerves, and ligaments associated with those body parts suffer various degrees of stretching, straining, and tearing. Much depends on the severity of the impact. But car accidents may also include cuts from shattered glass, bruises from airbags deploying, internal injuries from being crushed or blunted with the steering wheel, windshield, or other car parts, and spinal cord and brain injuries from blunt trauma. Therapy may last for months for serious car accidents to get pain relief and mobility recovery.

Needing Physical Therapy for Sports and Workplace Injuries in NJ

And common sports injuries include muscle and ligament tears, like ACLU injuries, pulled muscles, sprained ankles, and shoulder, groin, and knee injuries. Whether a professional or recreational athlete, sports injuries are common reasons for physical therapy. Common workplace accidents and overuse injuries also necessitate physical therapy and continued treatment to manage and improve the areas of difficulty, whether the back, knee, neck, shoulder or another area of the body.

Importance of Physical Therapy in your Recovery Process

Importance of Physical Therapy on your Recovery Process Whatever the reason for your visit, physical therapy can help you recover faster, in many cases, returning to your pre-accident strength and mobility or improved daily functioning at the very least. Moreover, PT may help with the residual effects of an injury, like stiffness, overcompensation, and imbalance. When healing from a painful knee injury, you may develop tightness, stiffness, and overuse injury to the leg with the healthy knee. That may affect your balance and ability to walk for long periods. Physical therapists can help you overcome the long-term or secondary effects of injuries, for example, preventing a fall due to imbalance after a knee injury.

A further reason for physical therapy after an accident is pain management. With physical therapy, patients may forego or reduce the number of pain killers they need to cope with daily functioning. Physical therapy or PT builds strength and taps into natural pain relief by making space between bone and tissue that compress a nerve. Physical manipulation of the muscles and joints plus massage and nerve stimulation can provide natural pain relief rather than the temporary relief of opioids. Besides that, getting stronger with safe exercises improves a patient’s mood to make recovery quicker.

What if I can’t afford a Physical Therapist for accident injuries?

Every injured person wants to recover quicker and return to their lives before their accident. Financially, physical therapy may not be available to everyone, though most insurance policies cover it as medical treatment. However, if your accident resulted from another’s negligence, the costs of PT and all medical expenses may be within the responsible party’s insurance coverage or still their liability. In fact, many medical providers will take a lien against your future recovery if you are unable to pay for PT when you need it.

When lodging a personal injury claim against the responsible party and often their insurer, an accident victim totals all costs from medical to lost wages and out-of-pocket expenses for past, present, and future diagnosis and treatment of injuries due to the accident. By law, you are entitled to compensation for your losses to make you whole or place you in the pre-accident financial condition. At the time of settlement of your claim, you may reimburse your medical providers for treatment, or reimburse yourself for all of the money spent on previous medical care.

To prove your injuries and need for treatment are real to an insurer or a judge, you can show that physical therapy helped in the past and continues to help with the long-term effects of the accident. In that way, you can claim future costs of therapy in your accident claim and show that you are serious about your recovery as you follow doctor’s orders. An insurer or the negligent party may try to downgrade your injuries as minimal and your medical treatment as overstated. However, showing a consistent dedication of time to treatment and healing with PT can bolster your claim that you were injured to the extent you claim, and the documented PT details the treatment necessity and progress.

A NJ personal injury attorney is your antidote to incomplete or unconvincing claims.

Need an Attorney for personal injury physical therapy claim NJFortunately, you do not have to suffer the effects of an injury and, at the same time, pursue a claim with an adversarial insurance company or responsible party by yourself. You must carefully prepare and pursue a personal injury claim. Insurance company adjusters and defense attorneys get paid to cast doubt and skepticism on personal injury claims. They look for over-billing and unnecessary treatment, and any other costs to pare down from a claim. Fighting for your claim while you are treating for painful injuries is tough.

Concerned about Covering the Costs of Physical Therapy for your Injury Case in New Jersey? Leave it all to the experienced attorneys KCR

The experienced personal injury attorneys at Kamensky, Cohen & Riechelson deal with injury claims all the time and know the in’s and out’s of proving accident claims to get you compensated. No matter what the source of your injury requiring continue physical therapy and costing heavily in medical treatment, along with your mental and physical health, count on our legal team to tirelessly seek the compensation you deserve.

At Kamensky, Cohen & Riechelson we frequently assist clients throughout Trenton, and Mercer County, including East Windsor, Ewing, Hamilton, Hightstown, and Lawrence. Call 609-528-2596 as soon as you are able after an accident to discuss your options and what can be done on your behalf.

New Jersey Supreme Court Follows Through with “Ongoing Storm Rule”

We all know how much the variable climate affects every aspect of our lives in New Jersey.

New Jersey Ongoing Storm RuleThe snow and ice storms in the state create a plethora of precarious conditions for the roadways, sidewalks, and residential and commercial properties, but New Jersey residents have learned to navigate those conditions with caution to remain safe. One area of navigation that continues to be an issue regards public walkways and sidewalks in front of and within commercial properties. A recent New Jersey Supreme Court decision, Pareja v. Princeton International Properties & Lowe’s Landscaping and Lawn Maintenance, LLC, overturned the Appellate Division’s ruling that commercial and private properties are required to remove precarious walking conditions in the ongoing presence of precipitation, adopting the “Ongoing Storm Rule.”

What is the “ongoing storm rule”?

The “ongoing storm rule,” according to text from New Jersey Supreme Court Justice Fernandez-Vina’s majority opinion, is the precedent by which the owner of property does not have the legal obligation to remove snow or ice from public walkways until a reasonable amount of time subsequent to the precipitation ending. Given the amount of rain, ice, and snow that falls in New Jersey, the creation of precarious walking conditions is a practically inevitable aspect of winter and transitional months. The protection of property owners under the “ongoing storm rule” is quite vast, because the rule implies that it is impractical to remove snow or ice from sidewalks until the precipitation has ceased to fall. This argument of what is practical and therefore a safety responsibility, and what is impractical, has colored the New Jersey courts for decades. The majority noted in its opinion that liability lawsuits against property owners regarding slip and fall cases due to inclement weather have been on the record in New Jersey since 1926.

The Court noted multiple other states in the Northeast that adhere by the tenets of the “Ongoing Storm Rule” to protect commercial property owners from lawsuits that occur as the result of a slip and fall during inclement weather conditions. Yet, while the NJ Supreme Court’s decision was that the “ongoing storm rule” is justifiable and can serve as umbrella protection for property owners in inclement New Jersey weather, the ruling did leave the door open for future liability lawsuits to continue.

The Grey Area

While the majority of NJ Supreme Court Justices ruled in favor of endorsing the “Ongoing Storm Rule” (the Court ruled in favor of the defendant 5-2), left quite a bit of grey area. In overturning the Appellate Division’s majority opinion that it is the property owner’s legal duty to act in a reasonably swift manner to remove precarious conditions. The Supreme Court noted that such an imposition on property owners does not take into condition their reasonable capacity to remove such dangerous obstacles, especially if they are small businesses.

The ruling upholding the “Ongoing Storm Rule” noted its trust of juries to determine whether the property manager acted in an appropriate manner and with appropriate expeditiousness. This placed a large amount of the application of the “Ongoing Storm Rule” in the hands of the deciding party on a case-by-case basis. Justice Fernandez-Vina stated clearly in its opinion that the jury could of course hear testimony that would inform whether the “Ongoing Storm Rule” would be appropriate to apply. The majority opinion was also clear that there are extenuating circumstances, which they called “unusual circumstances,” in which the breadth of the “Ongoing Storm Rule” might be reconsidered or reconfigured, and the property owner may be held responsible for accidents occurring on their public walkways. The opinion stated,

What is the “ongoing storm rule”?“First, commercial landowners may be liable if their actions increase the risk to pedestrians and invitees on their property, for example, by creating ‘unusual circumstances’ where the defendant’s conduct ‘exacerbate[s] and increase[s] the risk of injury to the plaintiff….Second, a commercial landowner may be liable where there was a pre-existing risk on the premises before the storm. For example, if a commercial landowner failed to remove or reduce a pre-existing risk on the property, including the duty to remove snow from a previous storm that has since concluded, he may be liable for an injury during a later ongoing storm.”

To ensure that you navigate your slip-and-fall lawsuit successfully as a plaintiff or commercial defendant, it is important to have the support of an experienced attorney.

Contact our Injury Attorneys for Help with Your Claim

If you are engaged in or considering filing a slip-and-fall lawsuit due to inclement New Jersey weather, our skilled injury attorneys are on your side. Examining your case to understand if it has the necessary elements to obtain compensation for a slip and fall is crucial, and we can help.

At Kamensky, Cohen & Riechelson, we successfully represent clients in Hamilton Township, Trenton, Ewing, and across Mercer, Camden, Burlington, Atlantic, Somerset, and Middlesex County.

Get in contact with us at 609-528-2596 or fill out our online contact form to schedule a free and confidential consultation to discuss the grounds for your lawsuit for injury compensation.

Slip and Fall Laws in New Jersey to Pennsylvania

Serving slip and fall injury clients in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County

A common premises liability case in Pennsylvania and New Jersey is a slip, trip, and fall accident case. A slip and fall occurs when water, a slippery substance, debris or another type of foreign object causes your feet to slip from underneath you. A pedestrian may trip and injure themselves on a sidewalk, staircase, in a parking lot, or due a failure to clear the ice and snow off walkways.

If you or someone close to you has been a victim of a slip & fall injury, and the cause of the injury is related to the negligence of the property owner to maintain a safe environment, we can help and will fight for you to provide the counsel required to pursue the compensation you will need and you deserve for the road ahead. The experienced slip and fall lawyers at Kamensky Cohen & Riechelson can provide you with the knowledgeable advice and advocacy you need during a time where you may not know what to do our where to turn.  Contact us online or by telephone, at 609.528.2596, to arrange a consultation with one of our knowledgeable premises liability lawyers.

The viability of a case may vary from state to state. It is important to understand the difference in state law from New Jersey and Pennsylvania, specifically as it relates to ownership of the property and number of families or individuals that occupy the dwelling.

Bensalem PA Slip and Fall Laws

Pennsylvania Residential and Commercial Slip and Fall Laws

In Pennsylvania, the laws and regulations are similar as it relates to commercial properties or multi family dwellings. Although residential single family home owners do not have the same maintenance obligations as apartment building, condominium and commercial property owners and managers; unlike New Jersey they still can be held liable for an accident or injury that occurs on their property under certain circumstances.

Pennsylvania Ice and Snow Law

Pennsylvania and New Jersey are slightly different on slip and fall cases when it comes to, say ice and snow. Pennsylvania has a requirement called the Hills and Ridges Doctrine which means that the snow can´t be fresh snow. It has to have bumps or lumps, something like that to show that it existed for a period of time and someone went through it.

PA Commercial Property Business Invitee Rule

The law is slightly different when it comes to commercial establishments in Pennsylvania. They have what’s called the Business Invitee Rule, and in Pennsylvania Business Invitee is owed the highest duty under the law; so if you go to a shopping center or someplace that’s a business, they have an obligation to you to clear the sidewalks, to clear the parking lots and to make sure that there´s not ice and snow. New Jersey has similar requirements but not quite as strict as Pennsylvania.

Trenton NJ Slip and Fall Laws

New Jersey Single Family Property Slip and Fall Lawyers

New Jersey Law protects owners of single family dwellings from being held liable for a slip or trip and fall accident on their property. Due to the fact that a single family home is not a commercial property, in existence for the purpose of making a profit, the owners and their families are not held liable for keeping the property safe the same way that a landlord, business owner, or employee of a business in a commercial property have the obligation to keep the area safe for individuals that may be walking through and/or doing business there.

According to New Jersey law, if you have an accident on a single-family property, the property owner cannot be held liable for your accident. Why not? Because unlike a commercial property, where the owner and staff can be held responsible, a single-family property owner does not have a duty to keep the area safe for visitors. The commercial property’s purpose is to create a profit and because of this, it is the responsibility of that property owner as well as the employees to make sure the area is safe for its customers. A single-family property owner does not have the same responsibility and therefore, is not responsible for your accident.

New Jersey Multi Family Dwelling Slip and Fall Laws

However, it’s a different story when it comes to a slip and fall accident in an apartment building, condo complex, or any other type of multi-family dwelling in New Jersey. Yes, the residents are not responsible for any accidents on the property. Yet, the same cannot be said for the owner of the multi-family property. Since the owner is getting a profit from those living in the building or complex, the owner and any managers of the property are responsible for keeping the area safe. So if you have a slip and fall accident while visiting a friend at his/her apartment complex, you can sue the property owner for liability.

Preventing Slips, Trips, and Falls in Philadelphia PA

A slip, trip or fall at work can lead to injuries – and even death. In 2014, injuries from slips, trips and falls resulted in 247,120 cases involving days away from work, and 818 worker deaths, according to the 2017 edition of “Injury Facts,” a National Safety Council chartbook,

Take a look at Safety and Health Magazine’s article, which provides some practical advice on thigns to do to prevent slip and falls from happening:

  • Either clean up a spill right away or put a wet floor sign up just as quickly.
  • Walkways and hallways should always be kept free of clutter, debris, snow, ice, etc.
  • Cables and cords should be taped to the ground.
  • Maintain working lights and replace light bulbs right away.
  • Replace word flooring and consider replacing with abrasive floor mats.
  • Keep filing cabinets and desk drawers shut when not in use.
  • Encourage workers to wear comfortable, properly fitted shoes.

Contact a Mercer County Personal Injury Lawyer to properly file your case

Do not hesitate to consult with an experienced personal injury attorney as soon as possible. You only have a two-year statute of limitations before you lose your right to sue for compensation for your medical bills, lost wages and pain and suffering.

Under the law, you might be entitled to reimbursement for medical costs you incur as a result of an injury due to a fall. You might also be entitled to compensation for pain, suffering, life changes and/or missed work, depending on the cause and circumstances of the fall. Our roster of personal injury lawyers includes experienced senior attorneys who have been litigating and/or negotiating personal injury claims in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County for more than 40 years.

If you or someone close to you has suffered a slip & fall injury due to property owner negligence, at Kamensky, Cohen, and Riechelson we are able to help you pursue compensation for your losses. Contact us online or by telephone at 609.528.2596 to arrange a consultation with an experienced New Jersey premises liability attorney.