January 29, 2015 By

Protecting Your Rights after You Have Been Hurt in a Motor Vehicle Accident

After a car accidentIn the aftermath of an automobile accident, in the confusion and uncertainty that can abound, it can be easy to forget to take simple steps to protect your rights. Here are the most important things to do.

Get the Medical Care You Need

This is legal, as well as medical, advice. Before you can even think about protecting your legal rights, you need to make certain you get all the treatment you need. Remember, this isn’t the time to be brave. Don’t try to shake off serious injuries. If you find it difficult to move under your own power, don’t try to do so. Let emergency responders come and examine you. They will take every precaution to ensure that you don’t make your injuries worse, and that you get the care you need.

Even if you leave the scene under your own power, take yourself to an emergency clinic, a hospital emergency room, or make an immediate appointment with your doctor. You may have injuries that have not yet surfaced. Get a checkout and tell medical personnel exactly what happened and advise them of anything that feels out of the ordinary. Don’t just focus on the most obvious injury—don’t let all the attention focus on your broken leg without telling them that you hurt your back or neck, or bumped your head.

Getting the medical treatment you need is critical to protecting your legal rights. When you seek damages, a significant portion of your recovery will be based on any physical injuries you suffer. You need to document them as soon as possible, so that defense attorneys don’t try to claim they were the result of some event other than the motor vehicle accident.

Gather as Much Information as You Can

The more information you gather, the easier it will likely be for your attorney to prepare a case to help you get full and fair compensation for your losses. If you can, get basic contact information from anyone else involved in the accident, as well as witnesses. This includes name, phone number, e-mail address, home address, and name of their insurance company.

It can also be beneficial to get pictures. Use the camera on your phone, if necessary. Take pictures of anything related to the accident, from the damage to your vehicle or any bruises or scrapes you may have to skid marks, traffic signals and signs, and even weather conditions.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Car Accident Attorneys
December 18, 2014 By

Mental or Emotional Injury in New Jersey

Office worker under stressWhen you have suffered a physical injury because of someone else’s carelessness or negligence, the measure of your losses can be pretty straightforward. Things become far more complicated when most of the injury is emotional or psychological. You have a right, though, to pursue damages if the wrongful acts of another person caused you unnecessary stress, anxiety or mental anguish.

The Types of Injuries that Typically Involve Emotional or Psychological Injury

In some situations, the injury is almost exclusively emotional or mental. For example, if you have been subjected to sexual harassment at work, particularly when the harassment results from the creation of a hostile environment based on sex, there may be no physical scars, but the emotional trauma can stay with you for years. You may have suffered no physical injury in an accident, but witnessed great suffering (or even the death) of a loved one.

Often, though, emotional or psychological injury occurs in tandem with physical injury. The disfigurement or permanent scarring resulting from a personal injury may cause you embarrassment, shame or humiliation. After a motor vehicle accident, you may be unable or unwilling to get in a car for a long period of time. It’s not uncommon for most victims of negligence to experience a form of post-traumatic stress disorder after suffering injury because of the carelessness of another person.

The source of emotional, mental or psychological injury can also be physical injury. The human brain is a delicate organ. In almost any type of trauma, from a motor vehicle accident to a slip and fall, there is risk that you will either injure or damage your brain, even when you have little or no other physical injury.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury
December 18, 2014 By

The New Jersey Workers’ Compensation Process

Man in wheelchairIn New Jersey, when you have suffered injury or illness because of work conditions, you have the right to pursue benefits for medical expenses and lost wages. The process, however, can be confusing and intimidating—many legitimate claims are initially denied.

The Steps Necessary to Obtain Workers’ Compensation Benefits in New Jersey

The first thing you want to do when you have suffered a work-related injury is get medical treatment. Even if you think you can keep working, you are better off to notify your employer immediately of your injury, and seek medic al care as soon as possible. You can pursue initial treatment from your own doctor or at a hospital or clinic, but may also be required to submit to an examination from a company-chosen physician.

If you don’t leave work to seek medical treatment, and have not notified your employer of your injury, you must notify your employer before you can become eligible for workers’ compensation benefits. In New Jersey, you have up to two years from the date of your injury or the date of your last paycheck to notify your employer, whichever is later.

Once you have notified your employer, your employer will contact its workers’ compensation insurance provider. The workers’ compensation insurance company will then prepare and file a “First Report of Injury” with the state workers’ compensation office, which initiates, but does not authorize your claim. The insurance company will then conduct an investigation and make a determination as to whether you qualify for benefits. If so, you will be notified that your claim has been approved.

Just because your request for benefits is denied, however, does not mean that you won’t eventually be able to receive benefits. You can request an informal hearing with the New Jersey Division of Workers’ Compensation, asking for a review. Conversely, you can file a formal request, known as a Claim Petition. The denial of your claim by the Division of Workers’ Compensation can be appealed in the state courts in New Jersey.

Contact the Law Office of Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact us online or call us at 856-234-2233.

Filed Under: Workers Compensation
November 24, 2014 By

When You Cannot Work Because of Injury or Illness

Obtaining Benefits through the Social Security Administration

Handicap parking spaceWhen you are unable to work because of injury or illness, you can look to private or employer-sponsored disability insurance. But you are not without options if you don’t have this type of coverage. Regardless of your age, if you meet the requirements, you can receive payments under a Social Security disability insurance or Supplemental Security income claim.

Qualifying for Social Security Disability Insurance (SSDI) Benefits

To be eligible for SSDI payments, you must first show that you are disabled. For purposes of eligibility, the Social Security Administration defines a disability as a condition that keeps you from being gainfully employed for at least one year. In addition, because payments for SSDI claims come from tax receipts, you must have enough “work credits” to qualify. While the number of credits generally depends on your age and when you became disabled, as a general rule, you must have worked at least some part of the five of the last ten years before your disability claim is filed.

The Benefits under an SSDI Claim

Once your application is approved, you will receive payment of benefits based on your personal earnings record, with average payments ranging from $1,000 to $1,400. For the first two years during which you receive benefits, you may be eligible for Medicaid, based on your total income. However, after two years, you will automatically qualify for Medicare, regardless of how old you are.

Supplemental Security Income (SSI)

The Social Security Administration operates the SSI program as well, but it’s based primarily on financial need, and is generally funded in a cooperative program between state and federal government. To qualify under the federal guidelines, you must:

  • Be blind, disabled or over the age of 65
  • Be a citizen of the United States or meet strict requirements related to permanent residence, asylum or refugee status
  • Fall below the income guidelines
  • Own a minimal amount of property

      • Contact Us

      At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury, Social Security Disability
November 24, 2014 By

When You are Hurt at Work in New Jersey

Man watching televisionAs in all states, when you suffer a workplace injury in New Jersey, you have a right to pursue benefits under the state’s workers’ compensation laws. You must notify your employer in a timely manner, and you must submit to a physical examination from a doctor chosen by your employer. If your claim is approved, though, you may be entitled to receive a broad range of benefits.

Compensation for Lost Income

If you are unable to return to your job within seven days of your injury, you have a right to receive what are known as “temporary total disability” benefits until you can return to work, subject to certain limitations. Under New Jersey law, the compensation for lost wages pursuant to a temporary total disability is approximately 70% of your average weekly wage for the last year, with minimum and maximum payouts under law.

You are entitled to receive payments for temporary total disability until:

  • You are able to return to work, or
  • Your doctor determines that you have reached “maximum medical improvement,” i.e., there is no treatment or care that will lead to a cure or complete return to health.

If your doctor finds that you cannot return to full health, you will be re-categorized as having either a permanent partial disability or a permanent total disability. If your doctor states that you can return to work in some limited capacity, you are considered to have a permanent partial disability, and are entitled to payment of benefits according to a schedule set forth in the New Jersey statutes. The schedule identifies the amount and length of payments based on the body organ—hands, arms, legs, feet, eyes, ears, etc.—that is disabled.

If you cannot return to work in any capacity, you will receive payments for a permanent total disability. These payments are also determined by the statutory schedule, and are typically for a minimum of 450 weeks. They may be extended, however, if you are still unable to work at the end to the designated period.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Workers Compensation
November 24, 2014 By

Alimony or Spousal Support in New Jersey

Woman carying groceriesThough New Jersey courts are generally less inclined now to grant alimony or spousal support in divorce proceeding than in years past, either party to a divorce may still pursue compensation after a marital breakup. When a party to divorce requests alimony, the court will consider a number of factors to determine whether the petition has merit. The court may grant permanent support, order payments for a specific period of time, or require a party to pay support until the ex-spouse can take care of his or her own needs.

The Criteria for Obtaining Alimony in New Jersey

When considering whether or not to compel a party to pay spousal support, the New Jersey court will look at:

  • The length of the marriage—generally, the longer the marriage, the greater the likelihood that the court will order some form of support
  • The age and health of the parties—courts are less inclined to order spousal support when the potential recipient is young, healthy and capable of providing for himself or herself
  • The actual needs of the potential recipient, as well as the ability of the other spouse to pay—in New Jersey, alimony is based primarily on need.
  • The standard of living during the marriage
  • The earning capacity of both parties—the court may look at specific skills, job training or education, and need not focus on whether the party was employed during the marriage. However, the length of time a party has been away from the job market may be a mitigating factor. Furthermore, the court may consider how much time and what it will cost for the non-working party to obtain education or training to become self-sufficient.
  • The extent to which the parties participated in the acquisition of marital assets
  • The property award in the divorce—If the court considers the property award to be sufficient to provide for necessary support, alimony may be denied.

Contact Taylor & Boguski

At Taylor & Boguski, we have more than 70 years of combined experience representing parties across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-234-2233.

Filed Under: Divorce Mediation
October 27, 2014 By

Protect Your Rights When You Are Injured on a Bicycle

Bicycle laneAccording to a recent study, nearly 20,000 bicyclists were injured in collisions with motor vehicles during a ten year period. Not surprisingly, 81 of those accidents proved fatal to the bicyclist.

The Laws Governing Bicycles and Riders in New Jersey

Under New Jersey law, a bicycle is legally viewed as a vehicle, with bicycle operators enjoying the same privileges and responsibilities as other motorists. Accordingly, when you are on the road, you generally have equal legal rights and access as those in motor vehicles.
There are, however, some additional requirements that apply specifically to bicyclists. The laws state that, when riding a bicycle on the road, you must be as close to the right roadside as is “practicable.” You must also use reasonable care when passing a parked vehicle or one moving in the same direction. New Jersey law also mandates that you wear an approved safety helmet.

Bicycle Accidents—Causes and Responsibility

Studies repeatedly show that, in most collisions involving motorists and bicyclists, the motorists failed to use appropriate caution, and were at fault. Typical causes of bicycle accidents include:

  • Drivers opening a door to a parked car in front of a bicyclist
  • Drivers turning left into the path of a bicyclist who has the right of way
  • Drivers failing to allow reasonable distance between the vehicle and the bicycle when passing
  • Drivers passing bicyclists at an excessive rate of speed
  • Drivers operating a vehicle while drunk, distracted or impaired

Bicyclists may also suffer injury because of negligent maintenance of roadways, or road conditions. For example, a road may have construction gravel, potholes or other obstructions. Stop signs may be down or hidden by trees. Bike lanes may be improperly marked, or speed limits may be inappropriate around bike lanes.
Additionally, bicycle accidents can stem from defects in the design, manufacture or distribution of a bike or its components. A fork may break, chains may be defective or brakes may not work properly.

Contact Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Bicycle Accidents, Personal Injury
October 27, 2014 By

Repetitive Motion or Stress Injuries on the Job

Hand braceUnder the laws of New Jersey, when you are hurt during the course of employment, you have a right to pursue monetary compensation for lost wages, medical expenses and even job retraining, if you can’t return to your previous job. The injury, though, does not have to arise from a single traumatic event—a fall or the malfunction of a machine or tool. Often, the most debilitating injuries are those that develop over time, from standing, bending, lifting, squeezing or pinching over and over and over.

The New Jersey workers’ compensation laws allow you to pursue benefits for what are called repetitive stress or repetitive motion injuries. These types of injuries can take many forms, including:

  • Carpal tunnel syndrome, a condition that customarily affects the wrists of workers. Carpal tunnel injuries afflict workers in a wide variety of occupations, from typists and keyboard operators to workers on an assembly line, from cashiers in retail operations to anyone exposed to repeated vibration in the hands or wrists.
  • Tendonitis, which can cause severe pain in elbows, arms, knees, shins and other joints with tendons. Tendonitis may be caused by overuse of the tendons, or it can be caused by inactivity, such as standing in the same place and position for hours every day.
  • Cubital tunnel syndrome, a condition similar to carpal tunnel syndrome, which affects the elbow, resulting in radiating pain and numbness in hands and fingers. Machine operators and truck drivers are particularly susceptible to this condition.
  • Cervice radiculopathy, a compression or strain on the disks in your neck, causing substantial neck, back and shoulder discomfort. People who spend a lot of time on the phone are at risk for this condition.
  • Thoracic outlet syndrome, usually caused by repetitive overhead motions. This injury typically manifests in pain in the breastbone, as well as numbness or tingling in your arms.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Workers Compensation
October 27, 2014 By

The Criteria for Establishing Child Custody in New Jersey

Father and daughter easting breakfastIf you are involved in a divorce proceeding and have minor children, one of the difficult issues you will have to address centers on where the children will live, and how to maintain positive relationships with both parents—custody and visitation. As a parent, you want what’s best for your child, but you also want to play a meaningful role in their growth and development.

In New Jersey, the criteria for determining child custody and visitation are straightforward. The courts are charged with putting custody and visitation arrangements in place that are in the “best interests of the minor child.” When identifying what is in the child’s best interests, the courts are required to consider certain factors, including:

  • The history and inclination of the parents to agree, cooperate and communicate on issues involving the children
  • The historical interaction and relationship between the child and each parent, and between the child and siblings, including the extent and quality of any time spent between parent and child before or after the separation
  • The demonstrated willingness of both parents to honor custody and visitation arrangements
  • The safety of the child, as evidence by any history of domestic violence, including spouse or child abus
  • The relative stability of each parent’s home environment
  • Any special needs of the child, including medical, educational or religious needs
  • Any responsibilities (work-related or other) of either parent that may affect ability to be present as a parent
  • The proximity of each parent’s home to school, medical care, church or religious training, or other critical aspects of the child’s life
  • The wishes of the child, if the court determines the child is old enough and has the capacity to make “an intelligent decision.”

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce, Divorce Mediation
September 30, 2014 By

Icy stepsIn New Jersey, as in all states, the owner/manager/resident of residential or commercial property has a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally on the property. This obligation has far-reaching consequences, including:

Upkeep to Prevent Risk of Injury from Slips and Falls

A landlord, tenant, owner or property manager must keep property maintained so as to avoid dangerous conditions that may lead to slips, trips and falls. This includes monitoring for slippery substances on floors, sidewalks, steps or walkways. It also includes watching for broken or damaged stairs, concrete, pavement, ramps or other structures. The duty requires that the responsible party take reasonable steps to be aware of potential dangers. The landlord/tenant/owner/property manager must either fix the problem or provide adequate notice of the danger, so that it can be avoided.

Adequate Security and Lighting to Minimize Risk of Injury in Physical Attacks

In situations where it is reasonable to expect a threat of mugging, attack or other physical violence, the owner/manager/landlord must put appropriate measures in place to minimize that risk, including adequate lighting, security entrances, gates and fencing. Particularly where there is a history of violent crime, reasonable steps must be taken to protect legal visitors.

Attention to Weather-Related Conditions to Reduce Risk of Injury

In New Jersey, where snow and ice are a common occurrence, property owners must take reasonable steps to prepare for and respond to weather conditions that pose potential risks to visitors, including:

  • Snow and ice buildup on sidewalks, steps, driveways, parking lots and parking ramps
  • Snow, ice or water runoff from eaves, roofs or other structures

Property Care and Monitoring of Domestic Animals

As a property owner or tenant, you must take reasonable steps to ensure that any domestic animals, such as dogs or cats, do not cause injury to legitimate guests.

Contact Our Office

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury
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