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.

Radiology Errors Result in Injury and Medical Malpractice Risk

Of the 8,401 radiologists sampled in 47 states have experienced at least one medical malpractice lawsuit during their years in the profession.

Radiology As Medical Malpractice RiskWhen someone undergoes a medical procedure or seeks the professional support of a radiologist, they rightfully expect that they will safely and securely complete the procedure and return home on the path to health. Generally, this is the case. Radiologists, who are required to have at least 13 years of training to practice the profession, are highly skilled and trustworthy medical practitioners. However, accidents and errors do happen, as they do in all medical and other fields. According to the journal Radiology, published by the Radiological Society of North America, nearly a third (31 percent) of the 8,401 radiologists sampled in 47 states have experienced at least one medical malpractice lawsuit during their years in the profession.

What is radiology?

Radiology is a medical field that uses medical imaging to assess organs and other human and animal body parts to diagnose and treat diseases. This medical imaging may include such tests as MRI, PET scans, CT scans, and mammograms. A radiologist is often present in your medical diagnosis and treatment where medical imaging technology is involved, whether or not you are aware. The physician will often seek the expert opinion of the radiologist regarding the imaging results. A radiologist often focuses their area of expertise and practice on a particular body or patient type system.

Diagnosis Errors by Radiologists

Of course, radiologists are expected to precisely and expertly complete their work to support the diagnosis and treatment of the patient. Even though this is almost always the case, mistakes do happen. Radiologists are more participatory in using their expertise to diagnose the disease than treating it, though, as noted above, radiologists sometimes engage in treatment. As such, it is no surprise that most medical malpractice lawsuits against radiologists happen due to an error caused in the diagnosis element of the patient’s journey to health. According to the article “The Causes of Medical Malpractice Suits Against Radiologists in the United States,” published in the journal Radiology, malpractice suits regarding diagnosis What is radiology?make up the vast majority of those claims in which radiologists are involved. While much less represented, errors caused by radiologists in the treatment of patients were reported to have also caused some medical malpractice suits. According to the article, the diagnosis (or, rather, missed diagnosis) for which most medical malpractice suits were brought against radiologists was breast cancer. Because of the disease’s dangerous nature, any early detection is imperative to ensure that the patient can securely remove cancerous cells before spreading.

What are Other Common Types of Malpractice Injuries?

Other undiagnosed or misdiagnosed diseases or injuries that create risk for further damage and have led to the majority of medical malpractice lawsuits involving radiologists are spinal and nonspinal fractures, lung cancer, and various heart diseases. As one could imagine, the failure to identify an injury – such as a spinal fracture – could lead to further fracture and/or improper pressure placed on other supporting body parts, creating misalignments leading to chronic pain or even permanent nerve damage. The failure to identify a disease or cancerous growth could lead to its reinforcement and spread at varying paces, removing years from a patient’s natural life.

Procedural Mistakes by Radiologists

In addition to errors in diagnosis, radiologists are also sued for malpractice if they incorrectly carry out a procedure. Such procedural mistakes include incorrectly taking imaging or improperly or incorrectly communicating their findings to the attending physician.

Radiologists make up a fraction of medical practitioners in the United States, a mere 3.6 percent, according to the Radiology article “The Causes of Medical Malpractice Suits Against Radiologists in the United States.” However, their malpractice footprint is much larger. According to the article, radiologists ranked sixth among all medical specialists in the cases of malpractice lawsuits against them, more than cardiologists, plastic surgeons, and anesthesiologists – other medical specialties for which a large number of medical malpractice lawsuits are reported.

Get in Touch with a Mercer County Medical Malpractice Attorney The importance of radiologists in medical procedures is clear. Their responsibility to carry out their professional medical training to the fullest extent of their expertise is necessary to ensure that involved patients safely undergo their injury or disease’s diagnosis and treatment process. Any slip in professional capacity could have lifelong consequences. As such, having the support of a personal injury attorney if you are the victim of a radiologist’s medical negligence during your procedure is essential.

Radiology errors affecting you? Get in Touch with a Mercer County Medical Malpractice Attorney

At Kamensky Cohen & Riechelson, our attorneys, our experienced team of personal injury lawyers, represent clients in towns across New Jersey and Mercer County, including New Brunswick, Trenton, Princeton, Hamilton, and Lawrence in all cases of medical malpractice.

To schedule a confidential consultation with our firm today to discuss your claim, please contact us online or through our Trenton, NJ office (609) 528-2596.

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.

Determining Comparative Negligence in New Jersey Auto Accidents

There is a multitude of reasons that accidents happen. Negligence is often cited as one cause of automobile accidents.

Determining Comparative Negligence in New Jersey Auto AccidentsWhen one takes to the road, they run the risk of being in an accident. When accidents happen, they aren’t always a clear case of one responsible party and one guiltless victim. Especially given the rise of subtle distractors like technology in cars, it is important to know how New Jersey law determines fault in accidents, so you can make sure you recover the full extent of the damages you may sustain if you are in an accident that was partially or fully someone else’s fault.

What is negligence?

There is a multitude of reasons that accidents happen. Negligence is often cited as one cause of automobile accidents. When a driver fails to act reasonably and within a standard measure of care, they can be considered negligent. While many factors can determine fault in a personal injury lawsuit, negligence is an oft used determiner of fault.

New Jersey is a state that abides by the laws of comparative negligence. Comparative negligence refers to the degrees of fault one or more parties has in causing an accident. In a personal injury lawsuit, a plaintiff has the burden of proving not only that another party was at fault for the accident but that they were not at fault for causing it. If the defendant in a personal injury lawsuit is found to have been 75 percent responsible for causing the accident that injured the plaintiff, the defendant will have to cover 75 percent – not the full total – of the damages to the plaintiff.

How is fault determined?

Under the New Jersey Comparative Negligence Act, insurance companies have the legal right to split fault into partiality. When proven, this impacts the amount a person can recover in damages. Fault and comparative negligence are noted in New Jersey Statutes Annotated (NJSA) 2A:15-5.2 and determined on a case-by-case basis. There is no sweeping law that governs how such determination is made. As such, a personal injury lawyer and/or the insurance company’s attorney will gather evidence to attempt to prove that their client had as little fault in causing the accident as possible or none at all.

How is fault determined?To do so, they will investigate the specifics of how the accident happened. In some cases, evidence of fault – complete or shared – is clear. In these cases, a plaintiff has a straightforward path to recovering damages; and with the support of a skilled personal injury lawyer, they will receive their fair share. On the other hand, there are cases in which the specifics of an accident, who was at fault, and how much fault can be claimed are a little less clear.

To determine fault, insurance companies will likely review the following:

  • the police report from the accident, including witness testimonies and submitted evidence from involved parties
  • the New Jersey traffic laws that pertain to the area in which the accident occurred, and how either party may have been negligent in abiding by those laws; including failure to signal, ignoring of traffic signs or lights, or failure to navigate the vehicle in such a way as to prevent the accident from occurring
  • evidence of driver distraction

As noted above, if your attorney in a personal injury lawsuit finds the other driver to have been negligent or otherwise at fault for causing the majority of the accident, you will be able to recover damages to the comparative extent of their fault. Note that as the plaintiff, you have the burden of proof of convincing the judge or jury that your version of the events is true. Your attorney will do so by gathering evidence that proves the sequence of events causing the accident and that it was the defendant’s culpability. Similarly, the defendant’s insurance company will have to prove that their client was not liable and will do so by perhaps poking holes in your version of the events. If the defendant takes an affirmative defense approach, in which they try to prove that you were in fact partially at fault for the accident, they, too, will have the burden of meeting the preponderance of evidence standard, convincing the judge or jury of their version of the events.

Get in Touch with a Mercer County Personal Injury Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson, our team of experienced personal injury attorneys represents clients across Trenton, Princeton, Hamilton, and the greater Mercer County area in all auto accident claims.

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

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.