Impact of COVID-19 on Personal Injury Cases in NJ

Though businesses and life, in general, are opening up lately, COVID-19 will have long-lasting effects on the courts and all the entities involved in a personal injury claim.

Impact of COVID-19 on Personal Injury Cases in NJIf you’ve been harmed in a car accident, in a slip and fall in a grocery store, or in any other circumstance where some other person or entity caused you injury on their property or anywhere else in New Jersey, you have the right to seek compensation for the medical bills, pain, and suffering that you endure by filing a personal injury claim.

There are some aspects of the courts, insurance companies, and businesses that have changed because of COVID-19, and that you need to be aware of under the unique circumstances. Know what to expect as you pursue your claim.

Is There a Limitation on When I Can File My Claim?

First and foremost, you need to be aware that the clock is ticking. You do not have unlimited time to file your claim.

Every state in the U.S. places a limit on how much time you can take to file a personal injury claim. The law that places this limit is known as a statute of limitations.

New Jersey’s statute of limitations for personal injury cases allows a person injured by a person or an entity two years to file a claim. Generally, the clock on that claim starts ticking on the day of the accident.

Though you may want to wait to collect all the doctor’s bills that accrue because of your injury, you must also keep in mind that if you don’t get your claim filed before two years is up, the courts will probably refuse to put your case on the docket. Your ability to gain compensation for your pain, suffering, and lost wages will, most likely, be lost unless there is an unusual circumstance that the court believes extends the deadline.

Don’t wait to file your claim because of COVID-19.

And don’t wait to file your claim because you feel that you don’t have enough money to pay legal fees. Remember that personal injury lawyers work on a contingency basis. They only get paid if the case is won.

My Personal Injury Case

Even during the height of the pandemic, when people mostly stayed home, there were still car accidents and slips and falls at grocery stores. Now that the economy and businesses are opening up, it’s unfortunate but likely that even more of these incidents will occur.

Pandemic or not, if you’ve suffered an injury that is not your fault, there are a few principles that you should follow:

·        Take pictures early on and steadily thereafter.

·        Keep a pain log daily that will document all that you endured.

·        Get a medical evaluation immediately. Go to all your medical appointments.

·        Documentation is key. It greatly improves your odds of getting compensation.

·        Never speak with any person from the insurance company, including adjusters, before speaking to a personal injury lawyer.

How Does the Pandemic Affect My Case?

How Does the Pandemic Affect My Case?Even though restrictions have eased, COVID-19 is still having a profound effect on personal injury claims in four broad areas:

Insurance companies.

They are worried about lower profits because of the pandemic, and they are aggressive in reducing settlements. They may try to take advantage of the fact that people might be more desperate because of lost wages due to the pandemic, and they are likely to low-ball their first offer. People should not just leap at the first offer from an insurer because it probably won’t reimburse them for medical bills, pain and suffering. As both sides dig in, more personal injury cases may wind up before a judge than usual.

Businesses.

Due to COVID-19, more businesses than usual are filing for bankruptcy. This means that compensation you might have been able to gain from them will be reduced to pennies on the dollar.

Courts.

New Jersey courts shut down and moved all proceedings onto technology platforms like Zoom because of COVID-19. Courts in New Jersey began to open up on June 22, 2021, but many hearings and procedures are still being conducted online. This means that personal injury cases might not be settled as quickly as they would in normal circumstances. Most PI cases get settled before trial, but many cases get at least one hearing in court, at least before a settlement is reached. Expect delays in getting your case settled.

Uninsured drivers.

Due to financial hardship during COVID-19, some drivers may have stopped paying for car insurance. This may complicate things for the victim of a car accident since they can’t be compensated by the driver’s insurance company. The victim may need to pursue compensation via the uninsured/underinsured driver policy through their insurer. A victim needs to be mindful that, in this instance, their insurer becomes an adversary and will resist paying. This kind of claim may be highly contested; the help of an attorney may be essential.

Don´t hesitate in contacting our Personal Injury Lawyers for a Free Consultation

If you feel that you have the potential for a personal injury claim, please call Kamensky, Cohen & Riechelson today. Our capable personal injury lawyers can fight for you with the insurance companies trying to take advantage of people in desperate straits because of COVID-19. You will need the guidance of experienced attorneys to get the best possible settlement for you and your family.

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

Workers’ Compensation Attorneys for Seasonal Workers

In New Jersey and across the country, workers’ compensation programs protect employees by providing them with financial benefits if they are injured on the job.

Workers’ Compensation Attorneys for Seasonal WorkersDepending on the nature of the injury, these benefits could be provided once or on a long-term disability basis, as would be the case in a situation in which a person was permanently disabled due to their work injury. Workers’ compensation coverage provides medical benefits to employees in the case of an accident or work injury; it also may provide full benefits for a limited time, partial benefits permanently, or even full benefits permanently. Additionally, workers’ compensation insurance provides death benefits to the family if an employee is killed on the job.

In New Jersey, employers must either have federal or state workers’ compensation insurance to cover their employees to be legally allowed to operate. The workers an employer is required to cover, however, depends on their employment status. For example, New Jersey workers’ compensation law holds that permanent full-time employees, part-time employees, and seasonal workers are covered by the employer’s workers’ compensation insurance. On the other hand, independent contractors, unpaid interns, volunteers, and sole proprietors who do not have any employees are not covered by workers’ compensation laws.

While a huge subset of New Jersey’s workforce is temporary or seasonal workers or part-time employees, many don’t know where they stand regarding workers’ compensation coverage and protections. To engage their job with full confidence and stability, such workers need to know their rights and fall on the spectrum of employment in New Jersey.

What is the difference between a seasonal worker, a part-time worker, and a full-time employee?

On the other hand, a part-time employee is anyone who, on a temporary or permanent basis, works less than 80 percent of the full workweek for their industry. Some industries follow a 40-hour workweek, while others follow a 32-hour workweek, and a part-time employee, in these cases, would be someone who works 32 hours or 25.6 hours, respectively. A seasonal employee is someone who only works for certain months of the year. Seasonal employment is often working in the agricultural or retail sector, as much seasonal employment follows agricultural sowing and harvesting timelines and holiday shopping seasons. A temporary employee is someone who works either part-time or full-time for a set amount of time. These workers are usually procured for an employer through a temp agency, a business that serves as a middle man between employers and temporary employees. In all of these cases, New Jersey workers’ compensation laws cover these employees, and they are entitled to workers’ compensation benefits in the case that they are injured on the job.

For seasonal employees, the line between what injury happens on the job and what happens off the job is a bit blurred. For this reason, if you are a seasonal employee who has been injured due to your work – whether or not a specific injury happened at the place of employment – you must seek the support of a skilled workers’ compensation attorney.

Contact Our Mercer County Accident and Injury Lawyers TodaySeasonal workers who are sowing or harvesting in the agricultural sector run a higher risk of becoming sick or injured due to the strenuous nature of their job; however, they don’t always receive the extent of their rights to workers’ compensation coverage because their injuries take subtle forms, such as exhaustion, heatstroke, or chronic stress. If you show symptoms of these issues – such as fatigue, dehydration, weak immune system, headaches, arthritic symptoms – contact a workers’ compensation attorney. Because these symptoms can point to a deeper issue that could have lifelong repercussions, addressing the injury before it is exacerbated is essential for your own wellbeing and your capacity to serve your employer.

Additionally, as a seasonal worker, you are entitled to proper training for any machinery and procedures you are expected to operate and carry out. If you were injured on the job because of a lack of training or safety precautions, you are entitled to receive workers’ compensation benefits.

Contact Our Mercer County Accident and Injury Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our team of experienced workers’ compensation attorneys supports our clients across Trenton, Princeton, Hamilton, and the greater Mercer County area in ensuring that their rights as seasonal workers are met when they are injured on the job.

To schedule a consultation with a member of our firm today regarding your injury, please contact us online or through our Trenton office at 609.528.2596.

Who is liable for damages resulting from a dog bite?

At Kamensky, Cohen & Riechelson we believe that our clients should focus on healing both physically and emotionally and we will handle the rest. Of the 83 million dogs registered in the country, unfortunately, some have the propensity for violence and their aggression can result in violent attacks on innocent victims. If you or a loved one have experienced such an attack, and/or god forbid one of your children has been injured, liability is likely the first thing that will come to mind along with the obvious concern for the well being of the loved one.

We urge you to remain concerned for the health of your family member and to contact us for a free and confidential consultation to review the options in your case. Call today! 609-528-8296

 

Who is liable for damages resulting from a Mercer County dog bite?

There are dogs out there that have the capacity for violence, and people do get injured from dog bites, and the fact that they get hurt does not mean that there´s no lawsuit that can be filed or there are claims for compensation from a dog bite. In New Jersey, the statute is clear that the owner is liable for the damage caused by a dog.

Trenton NJ Dog Bite Attorneys Determine Liability and Coverage of Your Claim

If you or someone you love has suffered an injury from any type of unfortunate and catastrophic event including car accidents, slip and fall, construction accident, work-related accident, or been bitten or mauled by a dog; it is essential to know what is the insurance covers and to understand your rights under the laws of New Jersey.
The Attorneys at Kamensky Cohen & Riechelson have years of experience handling injury and accident claims and working with insurance companies to ensure the best possible outcome for clients in towns such as Trenton, Princeton, Lawrence, Hamilton and across Mercer County, New Jersey. Call today or contact us online for a free and confidential consultation to review your case with one of our Injury Lawyers today.

Reach any of our experienced attorneys for advice on dog bites.

At Kamensky Cohen & Riechelson we are committed to protecting your rights and your welfare. We have the knowledge required to give you our counsel on how to handle dog bites cases.

If you have a case you would like to speak to a lawyer, please contact us to schedule a free consultation and get an experienced team of lawyers working on your behalf 609-528-8296.

True Value vs Quick Settlement of an Injury Claim

True Value vs Quick Settlement of an Injury Claim

I think the answer to the question of whether we would rather settle a case than get true value is the fact that we don´t. We look at a client’s claim and we try to get the value that we believe it deserves and that means we trail a case we go to trial. If that means that we get a settlement offer or reject a settlement offer, with the client´s permission obviously we do that. But the main thing we do is we communicate with the client we give the client our opinion as to what we believe the value is and that´s different than a settlement, then that´s different and we follow a client’s process. You see, these cases are generally held about a contingency basis it doesn´t benefit us to try to settle a case quickly, it benefits the client and ultimately us if we wait until the case is fully developed so we can get the highest value, which again benefits a client and because its contingency we get a percentage benefits us as well.

Trenton Attorneys Advise on When to File Your Injury Claim

If you or someone you love has been injured in a car accident, slip and fall, construction accident, work related accident, been bitten by a dog, or any other catastrophic event it is important to know what is covered under insurance and to understand your rights under the laws of New Jersey.
The Attorneys at Kamensky Cohen & Riechelson have years of experience handling injury and accident claims and working with insurance companies to ensure the best possible outcome for clients in towns such as Trenton, Princeton, Lawrence, Hamilton and across Mercer County, New Jersey. Call today or contact us online for a free and confidential consultation to review your case with one of our Injury Lawyers today.