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.

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.

Auto Insurance Companies Now Held to Strict Deadlines on Disclosing Policy Limits in NJ

A New Jersey Law Expedites the Process of Finding out Insurance Limits after an Accident

Policy Limits Disclosure for Auto Accidents

A car accident can stall your life plans. Even if all involved parties cooperate and leave the scene, this may not occur without one or both parties experiencing significant injuries. Not only does your world feel more unsafe by the jolt to your car and your belief that safe driving prevents accidents, but the aftermath can be grueling too. You have so many things to do to get yourself back to the life you had before you had the accident. First, if you are injured, you must see a doctor, undergo treatment and recovery plan, and suffer pain and disruption in your daily activities. Maybe you cannot work for a time. Then, there is the insurance side of the equation. You must contact your insurance company, which will open a claim. The follow-up may be a recorded statement, sending signed statements, and forwarding photos of your vehicle. And if your car needs repairs, you must bring your vehicle in and perhaps rent one while it is in the mechanic’s shop.

If you are not responsible for the accident, you most likely want and expect the responsible party or insurer to pay for your damages, including medical bills, repair bills, lost income, and pain and suffering damages. But insurance companies are often slow and reluctant to pay. They want to make sure that liability is clear and the damages claim is reasonable. All too often, insurance companies stall and impede the progress of a claim by withholding information from the other party, like policy limits. Policy limits include the insured’s maximum coverage amounts for bodily and property damages. Typically, the insurer obligated to pay wants to keep the total payout as low as possible. In contrast, the victim wants the settlement amount to be as high as possible, given the range of what is possible for a particular accident. So, the insurer’s goal in withholding policy limits is to keep the claimant from knowing the true amount of financial compensation that may be available to them.

Are insurance companies required to disclose policy limits?

Withholding policy limits does nothing but delay what an attorney can eventually get from the insurance company by litigation or legal pressuring tactics. For instance, a plaintiff who files a lawsuit against the responsible party has the right to discovery, meaning all the evidence applicable to the case, like police reports, medical bills, property damage records, and insurance policy information, among other evidence. But the driver who was not at fault for the accident should not have to file a lawsuit to discover the responsible party’s policy limits covering the accident. Thus, Governor Murphy recently signed a measure into law, mandating insurers to reveal policy limits to an attorney who asks for them.

The law, S-1558/A-3444, gives insurers 30 days to provide written notice of an insurer’s personal automobile insurance policy limits to a requesting attorney. The insurer must reveal policy limits to all policies the insured holds upon an attorney demanding the information. The attorney is then obligated to keep that information confidential. The legislation aims to expedite automobile accident claim resolutions and eliminate unnecessary lawsuits. Attorneys file personal injury lawsuits on behalf of injured clients in New Jersey, for which they must obtain policy limits information, as well as when a case has not settled before the statute of limitations tolls, meaning before the latest time for filing a lawsuit runs out. The new law reduces the number of lawsuits that attorneys must file due to settlement delays.

Personal injury attorneys and prospective clients generally welcome the new law, which went into effect in July 2021.

How much can policy limits impact your caseWe, as experienced personal injury lawyers, understand that knowing how much the responsible party’s policy covers is crucial to settling a personal injury claim in our clients’ best interests. This information is highly informative when it comes to a potential settlement amount or settlement figure that may be obtained from the insurer. It also eliminates the necessity of filing an underinsured claim with an individual’s own insurance company if the other party’s insurance does not fully cover the accident damages. Overall, the new law allows more efficiency in the personal injury claim process.

Unsurprisingly, insurers and their representatives believe the law is unnecessary. Attorneys can get policy limits without the law, and those accident victims with more damages than the responsible party’s policy covers must file a lawsuit regardless. However, proponents of the bill argue that the law will cut down on unnecessary lawsuit filings and, in turn, motivate more attorneys to take cases they may not otherwise accept if they anticipate having to file a lawsuit to settle a claim.

How much can Policy Limits affect your Case?

If another driver caused your injuries in an automobile accident, you would benefit from this new law. Settling a personal injury claim is a matter of adding up all the damages you incurred from the accident once the insurer establishes fault. If the other driver or drivers in an accident caused the accident, you want to know if they are insured and for how much, to formulate your best plan of action. For example, if you injured your back and neck in the accident, you may need to see a doctor and physical therapist for treatment over several weeks. In addition, your car may need repairs. If, after completing your treatment and repairing your car, your total damages, including compensation for lost wages, pain, and suffering, and attorney’s fees, is below the typical policy limits, you can settle your claim easier than if your damages exceed those limits. But understand that most auto insurance policies cover $15,000.00 for bodily injuries to one person or $30,000.00 for more than one person.

As such, an attorney who knows the policy limits can better guide their client in what they can expect as a settlement amount, if any, and the time it will take to resolve. Without knowing the policy limits, an attorney cannot fully advise their client as to whether an insurance company’s settlement offer is even remotely fair or does not cover all the client’s damages. Often, people without attorneys representing them may settle for less than what they want or deserve because their damages totals are high, the policy coverage is low, and the cost of filing a lawsuit and waiting out the year or more it takes to go through the legal system seems like it’s not worth it. The numbers must make sense in the big picture of settlements versus lawsuits. Still, it is highly advisable to have a knowledgeable lawyer review your case before deciding how best to proceed. In some cases, the accident is grave enough that the plaintiff has no choice but to sue the responsible driver when the policy limits are too low to cover even a fraction of the damages. These decisions of filing suit or not underscore the necessity for knowing the policy limits.

If your accident and subsequent injuries occurred within the last two months, you might benefit from this new law when planning to pursue a claim for motor vehicle accident compensation. To be sure, you should speak to a personal injury attorney about the new law, how it affects your claim, and what you can expect once you know the coverage for your accident.

Contact our Personal Injury Attorneys for Guidance with Your Case

Personal injury cases can be complicated, so you will need a knowledgeable personal injury attorney to take you through all the possibilities to resolving your auto accident injury claim.

At Kamensky, Cohen & Riechelson, we have represented clients in Hamilton, Lawrence, Bristol, Willingboro, Greenwood, Wilbur, and the greater Mercer County Area. We can properly guide you in the entire process of pursuing compensation for a motor vehicle accident.

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 specifics of your accident, understand the new updates in the law, and the potential for obtaining compensation if someone else was at fault.

Pre-Litigation Settlement for your Mercer County Personal Injury Claim

Settle your injury case before trial with Trenton NJ Injury Lawyers

While movies like Erin Brockovich and The Rainmaker have popularized lengthy courtroom battles where the injured party waits with baited breath for a jury verdict, many personal injury lawsuits are settled before ever going to court. A “pre-litigation” settlement can have benefits for both the plaintiff (you) and the defendant (the negligent party). When accepting a pre-litigation settlement, you are essentially dropping your lawsuit in exchange for a monetary award. While most personal injury cases are settled, it is still important that you and your personal injury attorney are prepared to go to court if necessary to defend your rights.

Let’s take a closer look at why it can often be beneficial for both parties to settle outside of the court.

Should I Accept a Settlement for my Trenton Personal Injury Case?

There are several reasons why you (the plaintiff) may wish to consider accepting a settlement rather than trying your case in a court. A trial can often take months, if not years, to conclude. By accepting a settlement, you can avoid a lengthy trial process, and use your settlement compensation to begin rebuilding your life now. Additionally, a longer trial means more spent on legal fees, and in cases of serious injury, medical expenses can add up fast. Finally, if your injury left you unable to work, receiving compensation such as lost income and lost earning capacity sooner rather than later is important.

Why Should the Insurance Company Accept a Settlement for my Hamilton Personal Injury Case?

The biggest motivator for an insurance company to accept a settlement rather than taking a personal injury case to court is the risk of a large jury-awarded settlement. Insurance companies generally do not like taking the risk of a jury awarding a much larger settlement than they are prepared to pay, and as such are open to negotiating a more reasonable settlement. Additionally, corporate lawyers and legal representation is very expensive, and the cost of paying for their representation may not be worth it if they can settle with you in the earlier stages of the process.

What Do I Do if I Think I have a Princeton Personal Injury Claim?

What Do I Do if I Think I have a Personal Injury Claim?

If you believe you have a personal injury claim, the most important step to take is speaking with an experienced personal injury lawyer. If you accept a settlement for your injury, and then realize it wasn’t enough to cover your expenses, you have no recourse, your injury has already been compensated. An experienced Mercer County, NJ personal injury attorney will know how to properly evaluate the full extent of the expenses and damages your injury has caused, and will fight to make sure you are properly compensated and not taken advantage of. They can advise you when it is wise to accept a settlement, and when it is better to pursue litigation.

Contact a Mercer County NJ Personal Injury Attorney Today

At the Trenton, NJ law offices of Kamensky, Cohen & Riechelson, we have extensive experience helping clients injured in all manner of accidents including car accidents, construction accidents, ladder and scaffolding accidents, dog bites, medical malpractice, premises liability, product liability, and many others.

If you or a loved one has been injured because of another party’s negligence or reckless behavior, you may have a personal injury claim. To discuss your case with one of our personal injury lawyers today, contact us online or through our Trenton offices at 609-528-2596. All personal injury cases are taken on contingency, and if you are unable to come to our offices, we are happy to meet with you in your home or place of care.