August 11th, 2020|
The beautiful weather during summertime has its perks. We can shed our winter coats
and bask in the sun. One thing is for sure though, if you are operating a motorcycle, be
sure to layer up with your protective gear. It may be hot, but as much as bikers love the
open road, motorcycle crashes do occur. Luckily, in New Jersey, motorcyclists are
required BY LAW to wear a DOT (FMVSS 218) approved helmet.
Of all the motorists who share the roads in New Jersey, motorcyclists as a group
represent the most vulnerable segment. Motorcyclists are more than 28 times more
likely than passenger car occupants to die in a motor vehicle crash and five times more
likely to be injured (NHTSA). Over the last 10-year period (2008 to 2017), motorcycle
fatalities have varied. The highest number of fatalities (93) occurred in 2011 while the
lowest number (50) occurred in 2015. From 2012 to 2016, there have been nearly
12,000 crashes in New Jersey involving motorcycles.1
Experienced and new bikers alike need to remain focused on safety to survive a
motorcycle crash. Even the safest bikers can still die in a motorcycle crash caused by
other motor vehicle drivers. Unfortunately, you have no control over other drivers. You
can, however, take some precautions to ensure your survival, or at least increase your
chances of survival, if a negligent or reckless driver causes an accident. Check out what
is most important to know while operating your motorcycle this summer!
Wear the Right Equipment Gear
If you get in a motorcycle crash, only your gear serves as a barrier between your body
and the road. Investing in the right gear can reduce the severity of injuries and
maximize your chances of surviving a crash.
Here are some of the most common gear bikers wear as a precaution to protect
themselves in case of a crash:
Luckily in New Jersey, motorcyclists are required BY LAW to wear a DOT (FMVSS 218)
approved helmet. In some states this is not the case, for example Florida. Motorcyclists
who wear helmets reduce their likelihood of dying in a crash by almost 40 percent and
reduce their chance of suffering a traumatic brain injury (TBI) by about 70 percent,
according to The Centers for Disease Control and Prevention (CDC).
In order for your helmet to do its job and protect you, it has to be changed occasionally.
According to Snell Memorial Foundation2, a non-profit that researches and tests
helmets, they recommend replacing your helmet AT LEAST every five years. Even if
you cannot see any visible wear, sometimes chemicals and oils from your hair will break
down the protective area on the inside of the helmet.
How can protective eyewear protect me from dying in a motorcycle accident? This is a
commonly asked question, and it’s very simple. When and if an accident occurs, how
you handle your bike can determine if you live or die. If you can see clearly in a
motorcycle accident, you can make the best choices to control your bike, potentially
avoiding a guardrail or wandering into oncoming traffic. Making sure you have clear
vision and sight is one of the most important things you can do when riding a
A good pair of quality motorcycle boots can be expensive, but they are an investment
worth making. In addition, they protect you from damage to your legs, ankles, and feet in
an accident. An even more important fact, these types of boots offer stability during a
motorcycle accident. Most athletic shoes will come off during an accident when a biker’s
feet get twisted or stuck in the wrong direction. Boots typically will stay on and keep you
stable in turn allowing you to keep your bike from falling.
New Jersey’s hot climates during the summer lead people to wearing shorts, t-shirts,
and flip-flops; however, wearing this kind of clothing on a motorcycle can lead to death
even if a biker wears a helmet.
If you do not wear protective gear while riding a motorcycle, you are susceptible to
getting road rash.
In severe accidents, road rash can scrape away layers of skin down to just bone,
causing the body to go into shock. Victims of severe road rash are also prone to deadly
infections because of open wounds.
This can be easily prevented, as it’s easy to just wear leather pants or chaps and a jacket,
but nowadays there are special padded motorcycle jackets that have breathable mesh
for those hot and humid days.
Know How to Handle Your Bike
Surviving a motorcycle crash might be dependent on the extent to which you can handle
your bike. When a vehicle hits your bike, you need to be able to have the appropriate
response that results in the least amount of damage. In some accidents, especially
those that occur at high speeds, you won’t have the opportunity to respond.
Yet, when you do have the opportunity to respond, knowing the correct actions to take
might save your life. The best way to ensure you can handle your bike appropriately is
by getting a bike that fits your body and taking one or more motorcycle safety classes.
Take a Motorcycle Safety Course
New and experienced bikers alike need to take motorcycle safety courses. Years of
riding experience can result in the creation of bad habits, so even long-time motorcycle
enthusiasts can benefit from a refresher or an advanced training course. These courses
help you learn ways to avoid motorcycle accidents as well as how to handle your bike if
you get in an accident.
NJ RideSafe.org has two class options available:
Check these out:
All NJ training providers offer courses that are certified by the Motorcycle Safety
Foundation (MSF). There are two basic types of courses:
- The Basic Rider Course (BRC): Whether you’ve never ridden a motorcycle or
just never had any formal training, the BRC is a great way to learn how to ride
safely and responsibly. If you complete the course, you may not have to take
MVC’s road test.
- Basic RiderCourse 2 (BRC2) – (Formally Experienced RiderCourse –
ERC): Even if you’ve been riding for some time, there’s always something new to
learn. A BRC2 will help to hone your skills and the thinking needed for survival in
traffic. Using your own motorcycle, you’ll practice techniques for managing
traction, stopping quickly, cornering, and swerving. This class is a fun way to learn and meet
other New Jersey riders.
Reduce Your Speed
The faster you are traveling when a motorcycle accident occurs, the stronger the
impact of the collision. When you know a crash is about to happen, you want to
reduce your speed as much as possible. Yet, you should also be careful not to slam on
your front brakes. In turn, this could risk locking up your brakes and getting
thrown off the bike or the bike can ultimately flip over. This puts you at risk for
getting run over by another nearby vehicle who isn’t able to avoid you and
suffering potentially fatal injuries. The better option is to apply your rear brakes
Know When to Let Go
A point of no return exists when you know you have no way of keeping your motorcycle
off the ground and you will be going down with it. Your instinct might be to hold on to
your bike, but you might get crushed if your bike goes on top of you.
So instead, let go of the bike. This is simple physics, an object in motion wants to stay
in motion. When you let go of your bike, it will stay in motion for a while. Going along for
the ride could mean a fatality. Letting go is always a last resort, but if you must, make
sure to tuck your limbs and chin into your body and roll to avoid injury.
Get Medical Treatment ASAP
If you suffer a motorcycle accident and sustain injuries, one of the best ways to ensure
you survive your injuries is to get immediate medical treatment. Always remember
accidents pump adrenaline through a person’s body. Even if you walk away from a
motorcycle accident, it doesn’t mean this is a miracle and you have survived without
fatal injuries. Internal bleeding, internal organ damage, and traumatic brain injuries can
be silent killers. You likely won’t feel the pain or any symptoms for hours, maybe even
days, and if left untreated, you risk death. Let a doctor examine you and run any
necessary tests to ensure you didn’t suffer a fatal injury and will survive your motorcycle
Stay safe this summer and be sure to practice these safety measures at all times!
August 5th, 2020|
Whether you are riding a bike, a motorcycle, or doing any sort of activity that involves high speed and has the potential for injury, a helmet is a must have! Although you don’t wear helmets while driving in your car, there are ways to prevent a TBI even in the most mundane of situations.
TBIs, or traumatic brain injuries, are a serious matter that can cause lasting damage on the human body.
In addition to being a leading cause of death, TBIs can dramatically diminish quality of life for patients who survive.
The high incidence of TBIs in the U.S. presents a major public health problem since patients with these injuries often end up seeking medical care later, sometimes long after the injury, with complaints of ongoing symptoms. This is a recipe for disaster.
TBI in the United States
- An estimated 2.8 million people sustain a TBI annually.1
- Of those 2.8 million people, 50,000 die.
- 282,000 are hospitalized, and 2.5 million, nearly 90%, are treated and released from an emergency department.
- TBI is a contributing factor to nearly a third (30%) of all injury-related deaths in the United States.
- Every day, 153 people in the United States die from injuries that include TBI.
- Most TBIs that occur each year are mild, commonly called concussions.
- Direct medical costs and indirect costs of TBI, such as lost productivity, totaled an estimated $60 billion in the United States in 2000.
- Buckle Up EVERY RIDE – Wear a seat belt every time you get in your car – or ride – in any type of motor vehicle. Make it a habit!
- NEVER drive while under the influence of alcohol or drugs.
- Wear a helmet, or appropriate headgear, when you or your children: Ride a bike, motorcycle, snowmobile, scooter, or use an all-terrain vehicle; Play a contact sport, such as football, ice hockey, or boxing; Use in-line skates or ride a skateboard; Bat and run bases in baseball or softball; Ride a horse; or ski or snowboard.
Prevent Older Adult Falls
Talk to your doctor to evaluate your risk for falling, and talk with them about specific things you can do to reduce your risk for a fall.
Ask your doctor or pharmacist to review your medications to see if any might make you dizzy or sleepy. This should include prescription medicines, over-the counter medicines, herbal supplements, and vitamins.
Have your eyes checked at least once a year, and be sure to update your eyeglasses if needed.
Do strength and balance exercises to make your legs stronger and improve your balance.
Make Your Home Safer
Make living and play areas safer for children. Install window guards to keep young children from falling out of open windows. Use safety gates at the top and bottom of stairs when young children are around. Make sure your child’s playground has soft material under it, such as hardwood mulch or sand.
1 Centers for Disease Control and Prevention (CDC), National Center for Injury Prevention and Control. Report to Congress on mild traumatic brain injury in the United States: steps to prevent a serious public health problem. Atlanta (GA): Centers for Disease Control and Prevention; 2003.
July 28th, 2020|
During the summer in New Jersey and New York, many people enjoy spending time out on the water, whether it is on jet skis, sailboats, or any other kind of watercraft. Similar to car accidents, boating accidents have the potential to be devastating. At Judd Shaw Injury Law, we don’t think you should have to pay out of pocket for maritime injury-related expenses if the accident wasn’t your fault, and our legal team is here to help you gain maximum compensation if you are injured on the water. However, our first concern is assuring you are safe, so here are a few tips to avoid maritime accidents:
Monitor weather and water conditions carefully.
Before heading out on the water, be sure to check weather reports and reports on water conditions. Types of weather that you definitely want to avoid include heavy fog, rain, and strong winds. In these types of conditions, you are putting yourself at risk of getting into a serious accident. While heavy fog and rain can have a substantial effect on your vision while operating a water vehicle, strong winds can cause extremely rough water conditions and place you in a very dangerous situation. If the forecast shows a slight chance of any of these conditions, you should reschedule your trip or return to shore as soon as possible.
Do not operate a boat without a license.
The U.S. Coast Guard reports that a high percentage of boating deaths occur when a driver is not properly informed on boat safety instructions. Some boaters disregard the requirement of having a license to operate a boat, however, boaters in New Jersey and New York must be licensed by law. Without taking an accredited course to gain a license, individuals will lack knowledge and experience of water safety. Abide by the law!
Stick to the speed limit.
Do not be reckless while operating a water vehicle, as you could cause rough water conditions to other boaters and swimmers, which could be considered negligent. Further, if you are driving at high speeds, you are putting yourself and your passengers at risk. Safe boating laws exist for a reason, so do not drive out of control!
Don’t drink and drive!
Boating under the influence is just as serious as driving a vehicle under the influence. Impaired boaters suffer from poor judgment and delayed reaction times—both of which can result in accidents. If you drink and drive, you are not only putting yourself at risk, but everyone else on the water as well. It can be difficult to see a small watercraft or tube in the distance, and it is very easy for a drunk driver to hit someone even if no other boats are in sight.
If you were injured because someone else was behaving negligently on the water, let us fight for you. After a maritime injury, you have enough to deal with already. We know that calling a lawyer and dealing with the legal process may seem intimidating, but it’s our goal to make it easy for you.
July 21st, 2020|
At Judd Shaw Injury Law, our attorneys have the experience and resources to fight for people injured in slips, trips, and falls throughout New Jersey and New York. Slip and fall injuries, otherwise known as trip and fall injuries, are premises liability claims.
This is a type of personal injury claim that results from a person slipping and suffering an injury on someone else’s property. When a person gets injured by falling, they may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred.
A defendant can become liable for slip and fall injuries based upon ownership or control of the premises where the injury occurred. Premises liability is a type of injury law that holds property owners, or the parties who maintain a property, accountable for injuries suffered by guests, customers, and other visitors due to dangerous conditions.
When you contact us after a slip and fall injury, our team will immediately review the details of your injury and how it happened. If we determine that you may have rights to compensation, we’ll then start collecting physical, medical, and eyewitness evidence that can strengthen your claim—before it disappears.
July 14th, 2020|
Have you ever tried to drive south down the Garden State Parkway during rush hour in the summer? How about mid-day on a weekend? If so, you’ve probably spent hours sitting in bumper-to-bumper traffic, and it doesn’t get much better once you’re off the parkway.
More cars on the road means more accidents, and at Judd Shaw Injury Law, your safety is important to us. Therefore, we have put together a list of tips for you to stay safe and out of traffic, and not to mention, we’ll get you to the beach quicker!
Tip #1 – Leave early (or late)
This may sound like a no-brainer, but the time you get on the road has a huge impact on your commute time. Be prepared for bumper-to-bumper traffic on Friday and Sunday afternoons and evenings. If you leave your house before 9 a.m. on either of these days, you will have a better chance of avoiding stopped traffic. If possible, leave even earlier, or wait until traffic clears and leave later. The key is having a plan – know when to go.
Tip #2 – Avoid Major highways
Most tourists use the Garden State Parkway to reach the shore. However, there is always a better route. If you find yourself slowing down, consider taking an earlier exit and finding an alternate route on the backroads. Specifically, avoid going southbound on the parkway from exit 98 to 91 and around exits 82 and 81, as you are most likely going to hit stopped traffic in those places. Also keep in mind that traffic on the parkway up north by Union County is often heavy.
Tip #3 – Carpool!
There is no better way to keep the roads clear than to carpool! If everyone driving down to the shore in the summer took this seriously, it would save a lot of time and ensure a safer commute for everyone on the road. You can also pay a lot less to park once you get there and split the price!
Tip #4 – Use a Reliable Traffic App
If you need a GPS to get to your destination, traffic apps such as Waze are the way to go! These apps will help you find the best route and get you to your destination in the least amount of time. If you are in stopped traffic on a highway, apps like these will guide you through the backroads!
May 19th, 2020|
Memorial Day Weekend has long been a staple at the Jersey Shore for many to enjoy time with family, time with friends, great food, and the kickoff to summer. We have all grown accustomed to enjoying the holiday weekend at the beach, enjoying parties, and going out to bars, without worrying about potentially contracting COVID-19. However, in this “Coronavirus era,” it’s become abundantly clear that we won’t be able to celebrate and enjoy the weekend the way that we have long been accustomed to. Fortunately, we’re not quite as isolated as we were two months ago when COVID-19 was reaching its peak. With the curve flattening and our communities learning how to adjust and live life, while remaining socially distant, we have a few options to help you still have a very enjoyable Memorial Day weekend!
New Jersey beaches are slowly beginning to open up for the summer, allowing the locals to enjoy the beaches while still abiding by the social distancing restrictions. For Jersey Shore towns like Manasquan, Seaside Heights, and Spring Lake, there are multi-phase plans in place to keep beach-goers at a safe distance from others. At Judd Shaw Injury Law, we’ve compiled a list of some great ways to responsibly celebrate MDW with whoever you’re quarantined with, whether that’s family or friends.
Go to the Beach
Many beaches are operating under varying social distancing orders and limitations; however, in many cases, beaches are open or will be open for Memorial Day weekend. If you don’t live near the beach, it’s best to stay away in order to limit the number of people that are at the beaches. Many towns aren’t allowing those who aren’t local residents to go to beaches anyway. If you live at one of the shore towns like Asbury Park, Manasquan, or Belmar, be sure to do some research to determine what the specific guidelines are in that town and determine if the beach is an option for you this MDW.
Have a Video Party
If you’re feeling especially alone, link up with whomever you normally celebrate the weekend with and engage in a video call with them. Great conversation is an excellent way to stay sane and safe during this age of isolation.
Have a Cookout
While we all need to follow social distancing, we are still able to go outside with those we’re quarantined with. One of the many great ways to enjoy the beautiful summer weather is to have a cookout; grill up some burgers and hot dogs while having a cold drink and enjoying the company of those you love most.
Another great way to enjoy the great outdoors during this “Coronavirus era” is by taking a camping trip. Camping is a spectacular way to follow social distancing orders, stay isolated from strangers, all while getting out of the house. With many private campgrounds now allowed to operate, more and more opportunities arise that allow us all to get out of the house for a few days.
Gather Around a Fire
If you don’t live near any campgrounds or aren’t able to get away for the weekend, gather around a controlled fire in your backyard with your closest friends and family members. You can even grab a few drinks and enjoy some tasteful food, all while engaging in some good conversation with close friends and family. And by the way, don’t forget the marshmallows!
Play Pick Up Sports
If you’re isolated with enough people and have the necessary space and equipment, you can organize a pick-up game of basketball, wiffleball, football, or even a game that you made up! Nothing says summer like running around the yard with your friends and family.
From all of us at Judd Shaw Injury Law, we hope you have a great Memorial Day weekend! We hope you all are still able to enjoy the weekend as much as we have in past years. These are strange and unprecedented times that require us to be more cautious than ever, but that doesn’t mean we can’t still enjoy ourselves. However, if you do get injured while enjoying these activities, or other activities, please do not hesitate to reach out to us as soon as possible so that we can get you the compensation you deserve.
May 12th, 2020|
With summer right around the corner, we can expect an increase in outdoor activity and injuries related to them. As COVID-19 restrictions soften and people grow tired of staying inside, people will inevitably be searching for innovative ways to get some fresh air and exercise while social distancing.
Unfortunately, the more time people spend outdoors enjoying various activities, the more people are going to get injured as a result of these activities. It’s important that as we start to spend more of our time outside, we are very careful and stay as safe as we possibly can. Here at Judd Shaw Injury Law, we’ve compiled some of the most common outdoor activities people suffer injuries from and tips on how to avoid them.
A great way to stay active while keeping your distance from others is to go for bike rides. Find your favorite bike path or simply go for a ride around the neighborhood. However, cycling can be very dangerous. Bicycle injuries can come as a result of collisions with automobiles and other cyclists, hitting potholes, and simply by losing your balance.
The best way to avoid serious injury from these falls is by wearing a helmet. According to the Bicycle Helmet Safety Institute, wearing a helmet can reduce the chance of a head injury by 85%. With May being Bike Safety Month, there’s no better time to stress just how important it is to always wear a helmet and keep an eye out for oncoming traffic and other cyclists.
Playgrounds, while fun, can be very dangerous places for children to play. When taking your children to play on the playground, be sure to warn them about the dangers of falling, stepping on loose nails, and tripping on broken equipment. If there are hard surfaces such as concrete near the playground, be sure to keep an eye on your children and keep them away from it as much as you can.
Before allowing your children to play on the playground, be sure either to give them gloves to wear or have them sanitize before and after coming in contact with the playground. Be sure to have your children follow the CDC’s recommendation by having them wear a mask, wash their hands often, and avoid touching their faces. Lastly, be sure to apply sunscreen regularly if you plan to be outdoors for a while.
With many beaches opening soon for the summer, families opening pools, and the weather improving enough to swim in the ocean, lakes, and rivers, swimming can be a great way to enjoy the outdoors while getting some exercise. When jumping into bodies of water, never dive head first if the water is shallow. If the water is dark and you can’t see how deep it is, it’s best to be safe and jump in feet first or, if possible, walk in. If children are swimming, make sure at least one person is responsible for keeping an eye on them at all times.
While a blast, trampolines are notoriously dangerous. The average orthopedic surgeon sees one to three patients per week with trampoline injuries. The majority of trampoline injuries are sprains, bumps, bruises and fractures. The best way to minimize these trampoline injuries are with safety nets. Before using a trampoline, make sure it’s well maintained with no damage to its support bars or mat.
Hiking is a great way to exercise while enjoying the outdoors and staying a safe distance from others. However, with the amount of time spent hiking and the amount of distance covered, the chances of injury go up with every step taken. When hiking, be sure to wear appropriate shoes or boots and carry the necessary equipment. Also be sure to watch where you step so as to avoid twisting an ankle or injuring yourself on the uneven ground.
If you’re social distancing with enough people, it’s okay to play sports like basketball, tennis and soccer, as long as no strangers are participating. Like all sports, it’s important to understand the seemingly endless ways in which injuries can occur. Always determine that the surface you’re playing on is in good condition. Additionally, wear the proper shoes for each sport. It would not only be silly, but also dangerous, to try and play basketball wearing soccer cleats.
Going for a run around the neighborhood or on a path is a great way to get a lot of exercise and fresh air while social distancing. You won’t need to be near many other people, especially if you’re running alone. If you do need to run past others, you fortunately can see them ahead of time and pass from a safe distance, at most spending just a second or two within a few feet of them.
Always wear running shoes and avoid small obstacles, such as potholes, to protect yourself from twisting your ankle. Additionally, keep your eyes open and, if running with headphones, keep the volume low so you can be aware of any incoming vehicles.
From all of us at Judd Shaw Injury Law, we wish you a very safe and enjoyable summer! Some exercise and fresh air are what we all need after being cooped up in our homes for the past couple months. Go out and enjoy it! Just be sure to follow CDC social distancing guidelines and take the necessary precautions to keep yourself and loved one’s safe during summer activities.
If something unexpected or unavoidable does happen and you are injured, do not hesitate to reach out to the experienced attorneys at Judd Shaw Injury Law. The sooner you reach out to us, the sooner we can begin building your case. Call us at 732-888-8888 or email us at firstname.lastname@example.org to Demand Judd and get the compensation you deserve.
May 6th, 2020|
One of the most important things to do when you’ve been injured at work is to make sure the accident is reported. Many people don’t report accidents right away, which can lead to problems further down the line. The reason many people don’t report accidents is because there wasn’t any noticeable bodily harm or serious enough injuries to require immediate medical attention.
Even if your injury doesn’t appear to be very serious, it’s crucial you report your accident as soon as possible. If you haven’t reported your injury, your employer may deny you medical treatment and benefits for missed time from work. Always report your accident as soon as possible in order to avoid having to deal with these issues.
In addition to your employer denying you medical treatment and out of work benefits, the workers’ compensation insurance carrier will question why your employer didn’t report the accident as soon as the accident happened. Your private health insurance carrier also will not pay for treatment for work-related injuries. Also, if the accident isn’t filed immediately, your employer may deny the accident happened or claim that it took place outside of work. Many employers even impose 24-hour deadlines for reporting accidents, resulting in being suspended without pay or reprimanded if you miss the deadline.
In the event that you are injured from a mundane task, such as lifting heavy objects, but the injury doesn’t seem serious at the time, it’s still important that the accident is reported as soon as possible. The natural conclusion for many in this situation is to tough it out, not mentioning it to a supervisor unless it gets serious. However, waiting to talk to a supervisor about even the most minor of injuries is exactly where many people get into trouble.
Imagine the strain in your back from lifting a heavy box suddenly starts becoming more serious a few days or weeks later and you didn’t report your injury to your employer. In many cases, it’s not only too late to report the accident, but you may be without pay and without work while you recover from your injury, all while paying for medical treatment out of your own pocket.
Proper Reporting Procedure
Workers’ compensation claims are “no fault” claims, meaning any negligence that resulted in your work accident injury has no effect on your ability to receive the necessary compensation in order to recover from and continue supporting yourself during your injuries. The state of New Jersey and the federal government also have protections in place to protect you from any potential retaliation from the employer that you file a claim with.
If you have been injured, reporting the accident to your employer will only speed up the process of getting the medical treatment and compensation you need. In reporting your accident, your employer should fill out a detailed injury report with you to get you the help you need.
If your employer doesn’t ask you for further information or fill out any paperwork, take notice as this may be an indicator that they don’t intend to report the injury. With how expensive medical bills can easily become, you want to have all of the support you can possibly get.
What to Do if Your Employer Refuses to File Your Workers’ Comp Claim
It’s important to be aware that it’s up to your employer to report your accident to the Department of Labor. Because you can’t report your own injury yourself, you need to be committed to making sure your employer reports the accident. If they haven’t reported the accident and don’t plan on it, it’s important to take action immediately.
It may be your employers’ responsibility to file a workers’ compensation claim, but it’s up to you to ensure he or she does so. If your employer hasn’t filed your workers’ compensation form, reach out to the New Jersey Department of Labor and Workforce Development, who will help you through the process of filing the correct forms (typically form WC-14). Due to the complexity of these situations, it’s important to also reach out to an injury attorney who will make sure that you’re covered.
Workers’ Compensation Benefits You’re Entitled to if You’re Injured in New Jersey
- Medical treatment provided by your employer
- Temporary disability benefits
- Monetary award based on the degree of permanent injury
If you’re late reporting an accident, you should still follow the recommendations listed. Injured workers are allowed up to 90 days to report an accident in New Jersey. Although many employers have much shorter deadlines, you still may be able to receive workers’ compensation benefits eventually. That being said, when an accident is not properly reported, you will face additional obstacles throughout the process.
Injured on the Job? Demand Justice Today.
If you’ve been injured in a workplace accident, it’s important that you contact a New Jersey injury lawyer. Demand justice for your injuries and contact our team of workers’ compensation and injury attorneys at Judd Shaw Injury Law at 732-888-8888 or at email@example.com.
Our No Fee Guarantee means we only get paid if you get paid, so you don’t have to worry about consultation or retainer fees and can focus on what’s most important—your health.
April 21st, 2020|
If you’ve been injured due to the negligence of another individual, you may seek to receive monetary compensation in the form of damages. Your New Jersey personal injury lawyer will discuss your case with you in order to get you the compensation you deserve. We understand no amount of money can take away the pain and suffering, as well as the emotional trauma, that so many people experience after an accident. In this blog, we will discuss the differences between compensatory and punitive damages.
Compensatory vs. Punitive Damages in New Jersey
Compensatory damages compensate you for a variety of things, such as:
- Pain and suffering
- Emotional distress
- Medical bills
- Property damages
- Lost wages (past and future)
- Loss of consortium/companionship
- Loss of enjoyment of life
Compensatory damages are not capped because they are in place to compensate you for your financial losses. Conversely, punitive damages are in place to punish whoever is responsible for your injuries. Punitive damages are capped at a fixed amount because a defendant’s behavior is egregious to the extent that the judge or jury wants to make an example of the defendant and deter further bad behavior.
Punitive Damage Caps in New Jersey
Based on Section 2A:15-5:14 of the New Jersey Revised Statutes, the caps on punitive damages may not exceed $350,000 or five times the amount of any compensatory damages, whichever is the greater amount. A judge must determine punitive damages that are justified under the circumstances and are reasonable.
This means that, under New Jersey law, if you’re awarded $100,000 in compensatory damages, the punitive award cannot exceed $500,000. The judge has a duty to reduce the punitive damages award to a number that fits within these requirements if the jury awards you an amount that exceeds them.
However, in cases where the defendant is convicted of a crime in connection with the injuries, damage caps are not applied.
What is the Purpose of Damage Caps?
Policy makers believe large damage caps can have a negative impact on the economy as a whole. Damage caps reduce liability of service providers in lawsuits that could otherwise lead to strongly hurting insurance companies. In hurting the insurance companies, costs of insurance would inevitably rise drastically, increasing how much is paid by patients on services per year. Damage caps prevent the system from negatively affecting our economy, allowing the system to function in a positive way.
If you have been injured and have questions on the damage caps you may experience in New Jersey, do not hesitate to call us at 732-888-8888 and speak to a member of our experienced team. We will go over what these caps may mean for your case and how to best move forward.