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.

What is Erb’s Palsy? Do I have a Medical Malpractice Claim?

Erb’s Palsy is a kind of brachial plexus injury where the numbness and limb weakness involves both the upper and lower arm.

What is Erb’s Palsy? Do I have a Medical Malpractice Claim?Having a baby is an exciting time for every family.  Every parent dreams of having a perfectly healthy child without delivery complications. It is very rare for newborns to be injured during childbirth. However, each year during the delivery process, about one to three out of 1,000 babies sustain an injury to a network of nerves in their neck called the brachial plexus.

What is  Erb’s Palsy?

The brachial plexus carries signals for feeling and movement from the spinal cord to the shoulder, arm, and hand. When those nerves are damaged, the function of the entire arm can be seriously impacted. Neonatal brachial plexus injuries develop during childbirth, requiring treatment which could include neurosurgery. Erb’s Palsy is a kind of brachial plexus injury where the numbness and limb weakness involves both the upper and lower arm.

Erb’s Palsy is an injury to the brachial plexus nerves. The nerves of the brachial plexus may be stretched, compressed, or torn in a difficult delivery. The result might be a loss of muscle function or even paralysis of the upper arm.

What Are the Types of Erb’s Palsy?

Erb’s Palsy: Erb’s palsy accounts for 45% to 50% of all brachial plexus palsy cases. It is associated with damage to the nerves at the C5 to C6 sections of the spine.

Extended Erb’s Palsy: This version of brachial plexus palsy is associated with an injury at the C7 section of the spine. It accounts for about 20% of brachial plexus palsy cases.

Total Plexus Involvement: Total plexus involvement accounts for 35% of brachial plexus palsy cases. It is the second most common form of the condition and is sometimes called total brachial plexus paralysis. All muscles in the shoulder, arm, hand, and fingers are affected in infants with this condition. Total plexus involvement generally includes an injury to nerves at the C5 to T1 sections of the spine.

Klumpke Palsy: This is the rarest form of brachial plexus palsy. It accounts for less than 1% of all cases. It involves damage to the C8 to T1 sections of the spine. Generally, only muscles in the hand and forearm are affected in these cases.

What Are the Causes of Erb’s Palsy?

The nerves of the brachial plexus can be affected by compression inside the mother’s womb or during a difficult delivery. Injury may be caused by:

  • The infant’s head and neck pulling toward the side as the shoulders pass through the birth canal
  • Stretching of the infant’s shoulders during a head-first delivery
  • Pressure on the baby’s raised arms during a breech (feet-first) delivery
  • Breech delivery complications
  • Larger-than-average newborn (such as an infant of a diabetic mother)
  • Difficulty delivering the baby’s shoulder after the head has already come out (called shoulder dystocia)

How is Erb’s Palsy Diagnosed and Treated?

Diagnosis

At birth, doctors will check for paralysis, numbness, position, and grip strength. They also will check a baby’s Moro reflex (startle response). This is when a baby throws out the arms and legs, then curls them in when startled. A specialist who treats infants with these injuries usually oversees the tests and treatments. The specialist might order x-rays, a CAT scan, or MRI, and possibly a series of nerve tests to determine the extent of the damage.

Treatment

Most babies with Erby’s Palsy regain both movement and feeling in the affected arm. In mild cases, this might happen without treatment. Other babies might need daily physical therapy.  A physical therapist will teach parents exercises to do at home to help their baby get better.  There are also massage techniques that help.

For a more severe injury, a child will be cared for by a team of specialists such as neurosurgeons, orthopedic surgeons, and pediatric neurologists. If pain, weakness, or numbness continue, surgery often can help.

What If I Suspect Malpractice Is the Cause of My Baby’s Injury?

Contact Our Mercer County Malpractice Lawyers TodayA doctor or other caregiver may be negligent if he or she used too much force on the baby during vaginal delivery.

It could also be considered negligence if a doctor should have noticed signs that labor would be complicated but failed to perform a Cesarean section to avoid those complications. Such as a mother with gestational diabetes causing an unusually large baby. The use of instruments, like forceps, can also be considered malpractice if they caused an injury.

To file a lawsuit against a doctor or hospital that you believe caused your child’s injury can seem like a daunting task. A successful lawsuit can provide you with financial compensation that can cover things like medical bills, future medical and therapeutic expenses, travel expenses for treatment, lost wages, and pain and suffering.

Contact Our Mercer County Malpractice Lawyers Today

You need a lawyer experienced in medical malpractice cases to file your lawsuit, gather evidence, make a strong case, and represent you in a settlement agreement or trial.

Your family deserves the absolute best legal representation.  Contact the law offices of Kamensky, Cohen & Riechelson at 609.528.2596 or contact us thorough this link.

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.

Dealing With Degenerative Disc Disease From a Car Accident in New Jersey

With over 40 years of practicing personal injury matters, our firm is ready to help you.

Dealing With Degenerative Disc Disease From a Car Accident in New JerseyDid you know that back and neck injuries are the most common health problem in car crash victims?  Hospital bills, tests, x-rays, medications, and physical therapy can cost a fortune and leave you stressed about your health concerned with how you are going to pay for your recovery.  Car accidents, unfortunately, are very common in New Jersey with 278,413 in 2018 alone. Receiving excellent legal advice to navigate the complexities of getting you the settlement to which you are entitled is of the utmost importance as those bills start adding up.

What is Degenerative Disc Disease?

In spite of its name, degenerative disc disease is not a disease.  It is a natural occurrence that comes with aging.  The flexible discs of soft tissue between the vertebrae in your neck and back are what permit you to flex and bend your body.  Over time, those discs become worn and no longer give you as much protection as before.

In its beginning, disc degeneration may cause no pain or other symptoms such as tingling or numbness in the hands, legs, and feet.  But once the condition progresses, usually with age, pain can be debilitating,  radiating down the arms, shoulders, spine, or upper thighs and causing weakness in the legs and back. Sometimes the pain is so intense that a person cannot continue with their daily activities.  Muscle spasms in the neck or lower back are caused when the body attempts to stabilize the vertebrae and can occur without warning. Pain may increase when sitting, bending, lifting, standing, walking, or twisting.

How can a car accident affect degenerative disc pain?

Degenerative disc pain can start when a major or minor injury leads to sudden unexpected back pain, or it can present as minor back pain that worsens over time. The most significant risk is a herniated disc (also known as a bulging disc).  When the rubbery disc between the vertebrae of the cervical and spinal areas is torn or damaged, it can allow vertebrae to grind together causing discomfort.  It can also press on nerves which then causes pain, muscle weakness, tingling, and numbness.

Frequently, a sudden stop or hard collision can result in a herniated disc, especially when the victim had preexisting degenerative disc disease.  By age 40, 50% of patients are diagnosed with spinal arthritis or degenerative disc disease. The existence of this condition prior to the accident does not mean the accident victim does not have the right to a compensation claim for injury.  You may simply need an attorney to help strengthen your case.

Why do I need an attorney if the accident wasn’t my fault?

Car accident victims, according to an Insurance Research Council study, receive 3.5 times more in settlements with legal counsel than those without.  Of course, the settlement will depend on several factors such as the medical treatment required for your condition and the severity of the accident.  You must show that the accident contributed to your present condition, making it worse than before.  Medical records showing diagnostic procedures such as tests like an MRI, CT scan, and x-rays can be used to support your claim.

Some of the points considered in a settlement are:

Lost wages

-Diminished future earning capacity

Pain and suffering

-Loss of quality of life

Punitive damages

Wrongful death

-Past and future medical expenses

How can my Attorney Help me?

From the moment you contact us, we are gathering the information we need to obtain a fair settlement for you.  We will run a full investigation, talking to witness, getting video footage, consulting expert witnesses, and inspecting the vehicles.

There are a lot of documents that need to be filed after a car accident to the insurance company, the courts, and any other lawyers involved in the case. This includes applications for medical benefits through a car insurance policy. We are able to ensure that all of the required paperwork is properly managed.

It is a given that many insurance companies will contest the overall amount of damages and liability in car accident cases, so if this occurs, we are ready to take the claim to court and fight for you.  They are interested in their bottom line and keeping as much money as they can in their pocket. Our job is to do our best to get you a fair settlement for your damages and pain and suffering.

Contact a Mercer County Personal Injury Attorney Today

It is a myth that degenerative disc disease is a preexisting condition that cannot come from auto accidents. While most cases do arise naturally due to age, it is possible to acquire or worsen degenerative disc disease from accident-related injuries. More commonly, a car accident can exacerbate the symptoms of preexisting degenerative disc disease, causing problems you never experienced prior to the wreck.

If you are suffering from symptoms of degenerative disc disease or a herniated disc after a car accident in New Jersey, The Law Office of Kamensky, Cohen & Riechelson, we are here to help you please contact us online or through our Trenton, NJ office at 609.528.2596.

Car Accident Statistics in New Jersey

Mercer and Middlesex County Attorneys Review Fatal Auto Accident Statistics in 2020

The New Jersey State Police recently released crash statistics revealing that New Jersey is continuing to a decrease in the amount of fatal motor vehicle accidents. The number of Fatal accidents, Year to date 2020, compared the same time last year are reportedly down approximately 11 percent.  The reduced fatal crashes have resulted in a substantial decrease in the number of fatalities by approximately 5.4 percent.

The lower amount of fatal accidents and persons killed in motor vehicle accidents in 2020 is a larger percentage decrease than from the same time period in 2019. The New Jersey statistic includes victims of accidents as being drivers of cars, trucks, buses, and motorcycles, pedestrians, and bicyclists.

Total 2020 Auto Accident Fatalities in New Jersey to Date

Statistics from the New Jersey State Police website, provide the number of accidents and fatalities in the State of New Jersey, broken down by County so far in 2020. The number of fatal accidents in NJ to date total approximately 184, with the number of fatalities just shy of 200 at 199. Of the total accidents and fatalities, here is a breakdown of the data surrounding total fatalities by county in NJ:

  • Mercer County – 3
  • Middlesex County – 24
  • Somerset County – 7
  • Hunterdon County – 2
  • Monmouth County – 10
  • Ocean County – 11
  • Morris County – 5
  • Sussex County – 4
  • Warren County – 2
  • Passaic County – 12
  • Bergen County – 20
  • Essex County – 10
  • Union County – 10
  • Hudson County – 8
  • Burlington County – 12
  • Camden County – 14
  • Atlantic County – 12
  • Gloucester County – 16
  • Salem County – 6
  • Cumberland County – 9
  • Cape May County – 2

An Experienced Auto Accident and Injury Law Firm Serving Clients Across New Jersey and Pennsylvania

For those that have lost family members in a fatal accident, our hearts at Kamensky Cohen Riechelson go out to you. We have represented and guided many family members through the legal process of being compensated for their loved ones that were lost. We understand that decreased in fatal accidents are not low enough.

We have many years of successfully obtaining compensation for the loss of a husband, wife, child, and parent. While it is our sincere wish that no one experience such a huge loss, we are mindful of the pain and suffering that results from the loss of a loved one.

Contact Our Trenton NJ and Philadelphia PA Motor Vehicle Accident Lawyers Today

If you or someone close to you has suffered a car accident injury, at The Law Office of Kamensky, Cohen & Riechelsonwe are here to help you pursue compensation for your losses. Contact us online or by telephone to arrange a consultation with an experienced New Jersey auto accident injury lawyer.

To contact a member of our expert personal injury law team and schedule a personal consultation, please call at (609) 528-2596 or fill out our online form.