Emotional Distress and Monetary Compensation in New Jersey

Emotional distress is a type of mental health temporary disorder or anguish experienced due to an incident caused on purpose or by negligence.

Emotional Distress and Monetary Compensation in New JerseyThe court accepts emotional distress as a personal injury that can be eligible for compensation by filing a civil lawsuit. You would need to provide sufficient evidence or proof that someone else is responsible for causing your emotional distress or trauma to validate your claim.

In most scenarios, for an emotional distress claim to be approved, you would be required to have sustained physical injuries due to an incident. However, cases of victims suffering emotional distress damages have recently been deemed valid, even if there is no evidence of physical harm or visible injuries.

Is Emotional Distress Considered Part Of A Claim?

Insurance coverage will cover a portion or all of the damages, depending on the liability determined for each case. Still, there are sometimes left-over out-of-pocket expenses that you also need to consider and honor. You can quickly calculate how much income you have stopped receiving or paid out towards fully recovering from an injury or accident by just adding up receipts, medical bills, invoices, and pay-stubs.

Yet other expenses are less obvious and trickier to predict. When the injury extends to mental wellbeing, it is far more difficult to calculate how much you will require to invest in the future to make a full recovery. When is it advisable to file for monetary compensation to recuperate from emotional grievances in New Jersey?

There are two widespread scenarios:

Emotional and Physical Distress (Pain and Suffering)

Whenever a car accident or slip and fall are due to negligence, the mental health and emotional injuries caused by the event will usually fall under the “non-economic” damages portion of the insurance coverage, which would, of course, include what is known as pain and suffering. No limit or highest rate (“cap”) has been established in New Jersey regarding the total amount of damages you deem suitable.

Intentional Infliction of Emotional Distress (IIED)

In New Jersey, if another party deliberately provokes a scenario to cause you an emotional wreck, it is thus classified as an unlawful act or tort known as IIED or “Intentional infliction of emotional distress.” However, negligence is easier to prove in court than this tort. In the case of Buckley v. Trenton Saving Fund Society, the New Jersey Supreme Court affirmed that to presume another party as liable for intentional infliction of emotional distress, the injured subject is obligated to prove one of the following:

  • The other party performed a reckless or intentional action to cause emotional distress.
  • The other party’s actions were “so flagrant in character, and so severe, as to surpass any possible limits of decency, and therefore considered heinous, and ultimately intolerable in a civilized community.”
  • The other party’s actions caused emotional distress,
  • The emotional distress experienced was “far greater than what any reasonable person is expected to endure.”

Contact our Woodland Park, NJ Pedestrian Personal Injury Compensation Lawyers for a Free ConsultationEmotional and psychological harm, such as but not limited to post-traumatic stress disorder (PTSD), are as equally detrimental and disabling as physical injuries. Stress-related symptoms such as feeling overwhelmed, fatigue, poor problem-solving, social withdrawal, changes in behavior, feelings of sadness, loss of emotional control, and frustration are a few of the many ways in which PTSD may affect your life and therefore be eligible for monetary compensation.

Contact our Woodland Park, NJ Pedestrian Personal Injury Compensation Lawyers for a Free Consultation

If you or a loved one have suffered from extreme emotional distress caused by somebody else’s intentional act or negligence, talk to an experienced New Jersey personal injury compensation lawyer who can assist you in better comprehending and exploring your legal options.

At The Law Office of Kamensky, Cohen & Riechelson, our experienced team of attorneys is ready to stand in your corner.  If you live in Trenton, Princeton, Hamilton, and the greater Mercer County area.  You can call us at 609.528.2596 or contact us through our online contact form.

Was the Accident Caused by Snow or Ice or the Other Driver?

When an accident happens, and you file a personal injury suit, the other driver will often claim that it was the weather’s fault for the crash and not their own.

Was the Accident Caused by Snow or Ice or the Other Driver?However, unless the weather was perfect at the time of the crash, it can be seen in New Jersey courts as a contributor to a car accident.  And even when the weather is perfect, there are other factors, like the setting sun in the driver’s eyes or the lack of light on a dark street, that can influence a case. In reality, nearly all accidents are influenced by an exterior problem that made it more difficult—even slightly more difficult—to drive a vehicle.

However, that does not mean that every crash was avoidable or that every driver was without fault. Conditions like snow or ice do not excuse poor driving. Poor conditions like these actually require drivers to exercise even greater caution and be even more attentive. A good lawyer knows this and refuses to let a driver off the hook when they caused a crash that hurt you, even if they claim that bad weather was to blame.

How Do Car Accident Lawsuits Work?

Car accident lawsuits are actually a type of personal injury lawsuit. Personal injury lawsuits are brought by people who have been hurt by someone else’s negligence and want to be compensated for their losses.
Personal injury claims must include each of the following four components:

1. The person they are suing owed them a legal duty to keep them safe or out of harm’s way.
2. That person did not uphold this legal duty.
3. This failure was the cause of the plaintiff’s injuries.
4. The plaintiff was, in fact, hurt in the accident.

Driver’s Have a Legal Duty to Keep Others Safe

Anybody who drives a car owes a legal duty to drive reasonably safely for the conditions found on the road. Determining what constitutes “reasonable safe driving” in any given circumstance can be difficult. However, some basic guidelines obviously need to be followed, including:

• Driving at a speed that is neither too slow nor too fast.
• Obeying traffic laws.
• Keeping a safe distance from the car in front.
• Being attentive enough for potential hazards to avoid them before creating an accident.

Even in pristine driving conditions, determining whether someone was driving reasonably safely can be difficult. For example, if someone was going five miles per hour over the speed limit, but so was everyone else on the road, does that automatically make them unsafe? In many cases, it falls to the jury to decide whether a driver’s conduct on the road was reasonably safe or not.

How Does The Weather Influence a Driver’s Legal Duty To Keep Others Safe?

How Does The Weather Influence a Driver's Legal Duty To Keep Others Safe?A driver’s legal duty to keep others safe on the road has this important aspect: they must adapt to road conditions. Someone driving at the speed limit and staying two car lengths’ distance from the car in front of them would be driving reasonably safely when the sun is shining. But when the roads are icy and snowing, that probably won’t be safe enough. Instead, the road conditions require the driver to slow down even more and increase their following distance.

When the weather is bad and driving conditions poor, drivers are legally required to adapt to ensure others’ safety on the road. When they fail to adapt their driving technique to the conditions that they face, they can be held liable for the accidents they cause.

Poor Weather Does Not Take The Blame For Poor Driving

So, if you get hurt in a car accident in New Jersey, and the other driver claims they aren’t responsible because the weather was terrible, be assured that the weather does not automatically absolve them of their role in the crash. While the weather might have been horrible—icy roads, heavy rain, snow, or fog that reduced visibility, stiff gusts of wind that made it difficult to steer—drivers still have a legal responsibility to drive in a manner that is reasonably safe for those exact conditions. In other words, if the driver were driving the way he or she would in perfect conditions, then they were likely failing to uphold their responsibility to keep others safe.

In Sum, Bad Weather Demands Better Driving

When a potentially negligent driver tries to blame the weather for their role in a car accident that harmed you, it is often an attempt to avoid liability—that will fail. In summary, poor weather conditions actually require better and safer driving techniques than would have been necessary with nice weather.

Consult with Personal Injury Attorneys

The car accident and personal injury attorneys at The Law Office of Kamensky, Cohen & Riechelson are accustomed to drivers claiming that the crash was the weather’s fault and not their own. But our attorneys can turn these claims back against them and use them to convince a jury that bad road conditions required the driver to drive even more safely than normal.

Using these legal tactics, we can fight for your interests, both in the courtroom with the jury and outside the courtroom with insurance companies.

With us fighting for you, you can be confident that everything will be done to ensure that you get the compensation that you need and deserve after the crash that hurt you.

Contact us at (609) 528-2596 in New Jersey if you or a loved one has been hurt in a car accident and the other driver is blaming the weather.

Young Male Pedestrian Killed in West Windsor NJ Auto Accident

The Auto Accident and Personal Injury Attorneys of KCR are here to assist you if injured in a Pedestrian Accident.

A young male, a pedestrian, had been walking in the left, northbound lane of Route 1 in West Windsor just after 11 p.m. when he was hit by a motor vehicle, according to the local police. The motor vehicle’s impact sent the pedestrian into the center lane, where he was then struck by a second vehicle.

Both drivers — a 43-year-old from Morrisville, Pennsylvania, and a 35-year-old from Roxbury, Massachusetts —stopped and cooperated with police.

Mr. White was pronounced dead at the scene by the authorities.

Route 1 was closed for about three hours while the police investigated the incident, which took place less than a half-mile south of the Meadow Road overpass.

The New Jersey State Police reported that there were 558 fatal accidents in 2019.  176 of the reported fatalities were to pedestrians.

It has been reported that New Jersey is the 12th highest in the country for pedestrian fatalities caused by automobiles.

Contact Our Mercer County NJ Accident Lawyers Today

If you or someone close to you has suffered a pedestrian injury accident, at The Law Office of Kamensky, Cohen & Riechelson, we are here to help you pursue compensation for your losses.

Contact us online or by telephone, or through our Trenton, NJ office at (609) 528-2596 to arrange a free and confidential consultation with an experienced auto accident injury lawyer.

Why is Preserving Evidence Important in a Personal Injury Case?

Preserving Evidence in a Car Accident Case Can be Crucial for a Successful and Complete Recovery of a Personal Injury Claim

Why Is Preserving Evidence So Important In Your Personal Injury Case?In a personal injury lawsuit following a car accident in New Jersey, the injured party bears the burden of proving that they sustained damages and detailing what those damages are. The amount of evidence you can gather will often directly affect the success of your claim. The more information you obtain at the scene and preserve thereafter, the stronger your claim will become.

In a personal injury or wrongful death motor vehicle accident case, a victim or their family can be entitled to economic damages such as medical benefits, income benefits, and repairs. In addition, the victim may be entitled to compensation for non-economic damages, or “pain and suffering.” Before a victim receives compensation for their traumatic injuries, he or she must prove that the defendant was a negligent driver. In the case of a car accident case, the defendant may be the driver or the manufacturer of the vehicle. Records kept by the defendant often can help prove negligence (i.e., cellphone/text records of distracted drivers, truck driver log records in suspected fatigue driving cases, or maintenance records if a vehicle had defective auto parts). The law allows the victim access to these records in many cases; however, the victim must take legal steps to preserve the records and ensure they are not destroyed before they can be reviewed.

By hiring an attorney experienced with preserving evidence, they can send a letter of spoliation to try to prevent the other party from tampering with or destroying evidence (i.e., requesting the other party’s vehicle not be repaired until your lawyer and their investigators have a chance to photograph and document the condition of the vehicle).

At Kamensky Cohen & Riechelson our attorneys are admitted to practice in both Pennsylvania and New Jersey, and since 1972 we have helped numerous clients in gathering evidence and investigating accident cases and obtaining compensation for injuries sustained in automobile accidents throughout both states. Our experienced team of lawyers is dedicated to helping you obtain the compensation you need and deserve.

Contact us online or by telephone at (609) 528-2596 to arrange a consultation with an experienced personal injury & auto accident lawyer. You only have two years from the date of your accident to file a lawsuit. After the statute of limitations expires, you will no longer be able to sue to collect compensation for your injuries.

Your Cellphone is Key Tool to Preserving Evidence & Documenting the Scene

Your Cellphone is Key Tool to Preserving Evidence & Documenting the SceneSmartphones are capable of taking high-quality pictures & videos to document your accident in mere seconds of the accident. After using your phone to call the police and while you wait for them to arrive, take steps to help preserve the evidence. Photograph your injuries, all vehicles or bikes involved, the scene of the accident, the road conditions, weather conditions, debris on the road, nearby traffic signals, any skid marks, and license plates. If the accident occurred at night, if possible, go back the next day and take pictures of the scene in daylight.

It would also be useful to photograph any damaged areas inside of your car, including the dashboard, broken seats, etc. If any personal items such as cell phones, eyeglasses, or laptop computers are damaged, also take photos of those items.

Witnesses: If you do not have a pen or something to write with, perhaps snap a picture of witnesses and their drivers’ IDs. In addition, ask bystanders if they took any pictures on their own, and if so, ask them to send you the photos.

If you have questions about other steps you need to take after being injured in a car accident, call an experienced personal injury attorney to help guide you through the process. They can be your advocate in dealing with insurance companies and can advise you on the most effective approach to getting the compensation you deserve.

The Ongoing Process to Preserve Evidence After Leaving an Accident Scene

After leaving the accident scene, the duty to collect evidence continues. You or your loved one should keep excellent records of all expenses incurred relating to the accident (i.e., auto shop bills, vehicle rentals, additional medical expenses, and more). Be sure to create a separate file to collect all medical records, bills, MRIs, X-rays, prescriptions, treatment, slings, crutches, wheelchairs, and other related paperwork.

Not only do you want records of all hospital visits immediately following the accident, but also you need records of each return visit for every injury, lost wages, and those aspects you believe contribute to either your pain of suffering and/or loss of your daily quality of life or work.

Written Diary or Video Journal

Keeping detailed records and a written, photographic, or video journal of the accident and its aftermath, can be one of the most useful things you can do. Recording how you feel the day of the accident and any later feelings and pictures taken at regular intervals of your healing process can show the progress of your injuries or the impact the accident has had on your daily life.

Contact Our Mercer County NJ Motor Vehicle Accident Lawyers TodayIf you are shaken up after the accident, certain memories might surface in the days afterward, so write those memories down as well. As your injuries heal, keep notes on how you are feeling. Maintain a daily log in which you note what activities you could not do or had to modify, because of your injuries. Note what parts of your body are hurting and describe it. If it is the same issue daily, you can just write a note that you are feeling the same as the day before.

Although your legal counsel will need to be able to request additional medical records and details about your case should you pursue a lawsuit, having these documents on hand can make the filing your claim and investigation process easier.

Contact Our Mercer County NJ Motor Vehicle Accident Lawyers Today

If you or someone close to you has suffered a car accident injury, as the result of the reckless or negligent actions of another, at The Law Office of Kamensky, Cohen & Riechelson we are here to help you pursue compensation for your losses.

Contact us online or by telephone or through our Trenton, NJ office at (609) 528-2596 to arrange a free and confidential consultation with an experienced auto accident injury lawyer.

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 consultation with 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.