Archives for July 2013

Construction Site Accidents in New Jersey

The Workers Compensation Act passed in New Jersey is a no fault law with respect to who is to blame after a construction site accident. A site manager has a legal duty to inspect and keep a construction site in safe condition from dangers that would cause injury to workers including but not limited to: danger to life, limb and property of persons, as well as dangers or hazards on the property. Notably, jury trials are not allowed in workers compensation cases. Financial recovery is determined by state law in these kinds of cases.

In order to prove who is at fault in lawsuits, negligence must be proved. Contractors have a duty of care for people who come onto a construction site, and this duty is governed by general negligence elements. This requires that a contractor must exercise reasonable care to maintain the site in a safe condition for a person who the contractor may reasonably expect to come onto the site. This is different from common law doctrine. Premises liability under Common Law is determined by what kind of group or classification the injured person is considered to be, such as a business invitee, licensee, or trespasser. See more here.

To discuss your case and learn more about how we can help you, contact Mount Laurel construction accident injury attorneys. If you’ve been injured in a construction site accident, other benefits may be available to you in addition to your entitlement to workers’ compensation benefits. In cases when injuries are caused, either in total or in part, by the actions of a third party, additional compensation may be awarded to offset long-term financial consequences of an employee’s injuries. Call 800-404-5299 or 856-234-2233 for a free of charge consultation with attorneys at Taylor & Boguski in Mount Laurel, New Jersey.

Personal Injury Damages

In Bayonne, New Jersey a recent accident has raised the question of damages in personal injury matters. The Bayonne Fire Department captain was charged with drunk driving and in the process caused three separate accidents within 30 minutes. The captain named John Leahy, who is 46 years old has since been suspended without pay within 48 hours of the crashes that took place on March 5, 2013. Read more.

Damages awards in a personal injury matter can vary depending on fault. To prove negligence in New Jersey, the complaining party has to show that the opposing party acted negligently by failing to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The plaintiff must prove that there was a duty of care that was breached and that the breach of that duty of care caused the plaintiff injuries which resulted in damages. New Jersey is a comparative negligence state which means that, if a plaintiff is 51 percent or more at fault for his injuries, he may not sue. If he is 50 percent or less at fault, he is only allowed to sue for an amount proportional to that person’s percentage of the fault. Notably, the statute of limitations for personal injury cases in New Jersey is two years. Moreover, punitive damages are limited to five times the compensatory damages or $350,000, whichever is greater. For more information, see here.

Find out what damages you may be entitled to

If you’ve been injured in a car accident, truck wreck, motorcycle crash, your slip and fall, contact Mount Laurel personal injury attorneys at Taylor & Boguski today to discuss your case. Taylor & Boguski represents clients in personal injury accidents in the Mount Laurel, Cherry Hill and other South Jersey areas. If you have been involved in a serious accident or a loved one died in a fatal accident, contact the serious injury lawyers at Taylor & Boguski for a free consultation call 800-404-5299 or 856-234-2233 or contact us online.

December 2012 Rulings over Divorce in NJ sparked debate

In the Unites States about half of marriages end in divorce. In December 2012, after a decision made by Judge Paul X. Escandon in the case of a divorce, more than 40 women came to the Monmouth County courthouse to protest that the determination was biased against females in divorce cases. New Jersey residents have issued difference opinions on the issue. These opinions vary as to what is at stake for the court system and the judges who make these decisions to other opinions which hold that alimony laws are unfair to everyone, both men and women. Currently, New Jersey Alimony Reform is an organization of women and men which exists to provide educational resources to both legislators and the public. See full article.

New Jersey recognizes five types of alimony: temporary alimony, limited duration alimony, permanent alimony, rehabilitative alimony, and reimbursement alimony. Temporary alimony is allowed when there are low-earning or unemployed spouses to. A judge may award you limited duration alimony based on financial need until the spouse can become self-supporting. Permanent alimony is awarded after a long marriage if you gave up career or education opportunities to care for your family or advance your spouse’s education or career. Rehabilitative alimony is allowed when the requesting spouse submit to the court the steps to be taken for rehabilitation, the time frame, and a period of employment that will take place. Rehabilitative alimony helps a spouse to get financially stabilized and provides training and education so the spouse can become self-supporting. Finally, reimbursement alimony compensates a spouse who supported the other spouse throughout their advanced education. It is important to note that a court may award any combination of these orders. To understand more bout alimony and its obligations click here, and contact Mount Laurel matrimonial attorneys at Taylor and Boguski.

Affected by court decisions after divorce or changes under the law in the midst of a divorce?

Contact the law office of Taylor and Boguski, in Mount Laurel, NJ. Our attorneys are able to address every issue a spouse can face when experiencing a divorce. Whether it comes to child support and welfare, dividing marital property, fighting for the rights of parents and children, or understanding your rights during a divorce, our office can help you no matter what family law matter you face. Call our firm at 800-404-5299 or 856-234-2233, or contact us online, or visit our Practice Areas page for more information about Taylor & Boguski.