Surveillance Videos

When you visit the property of another person, you should be able to do so without worrying over hazards and dangers that may cause you injury. When a property owner fails to make a reasonable effort to eliminate tripping hazards, slipping hazards, or other dangers, and this failure leads to your injury, you may have the ability to file a lawsuit under the legal concept of premises liability.

When building a premises liability case, a skilled premises liability attorney will use all documentation or evidence of the accident to demonstrate who was at fault. While the property owner has a responsibility to maintain their property so that it does not pose a risk to guests or visitors, you as a guest or visitor have a responsibility not to act in a careless manner that leads to your own harm. If an accident occurs in a business such as a department store, there is a possibility that it will be caught on a security camera system.

Having surveillance video of the accident can play a vital role in a premises liability case, as having this video feed quickly eliminates much of the guess work and arguing over what exactly contributed to the accident. If the video shows that the victim fell despite the fact that they were walking normally and carefully, then they will easily have a strong case against the property owner. If, on the other hand, this video shows that the victim was running across an area clearly marked by a wet floor sign, they will have a very difficult time building any kind of case. This is why it is very important after an accident to report it to the store and to request the video from the security feed.

It also cannot be stressed to much just how important the role of an experienced premises liability attorney Atlanta GA trusts will be in any legal action resulting from tripping or slipping and falling. The process towards receiving compensation for your injuries through the courts is long, drawn out, and very complicated. Acting by yourself, it can be very difficult to build a solid case and to know the proper paths to take. By utilizing an attorney who has handled similar cases, you save yourself significant stress and also ensure that you are receiving the best results.

AAThanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight int to premises liability practice.

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What are Damages

A motor vehicle claim involves the use of the term “damages.”  Knowing what damages are, is important in the outcome of the motor vehicle claim.   In any motor vehicle accident claim there are 2 parts to the case:  (1) property damage and (2) personal injury.  The recovery in these 2 parts depends on the amount of damages to your vehicle and/or your physical body.  The person who caused the accident has a duty to return you to the position you were in prior to the collision.   This theory is called made whole.  The extent of the damages determines the monetary amount awarded to the victim.

As a Little Rock AR personal injury lawyer can explain, Your damages in the property damage portion of the case will depend on how much it costs to repair your car.  In some instances it is cheaper to total the car than to repair it.  Totaling the car is often used by the insurance company to save money on their part.  If the car is worth $3,000.00 and it will cost $4,000.00 to repair it, you can see it would be cheaper to total the car and save $1,000.00.   This analysis is driven by the value of the car, not by how much you owe on it.  Therefore if the car is only worth $3,000.00 and you owe $5,000.00, the insurance company will not be moved by the fact that you are upside down.  This is unfortunate, but you will be personally responsible for any additional amounts that are owed on the vehicle.

Damages in the personal injury part of the claim are determined by the type and amount of medical care the injured party receives.  Damages can be initially forecasted by the amount of property damage sustained by the vehicle.  If the property damage was a minor $500.00 fender bender, the implication is this was a very minor impact and there should be little to no medical costs incurred.  However, if the vehicle was totaled the implication is that major impact occurred causing the passengers to sustain severe jarring and/or collision with the interior of the vehicle.  This will be evidenced by bruising, soft tissue tearing, bleeding, concussions, broken bones, and/or spinal injury.

With every claim, the insurance adjuster must make a reasonable calculation of what your damages are.   This evaluation is dictated by the types of injuries you sustained.  The injuries are validated by the documentation through the medical care provider who treats you or evaluates you.  Without this documentation you are lacking valuable evidence to prove up your personal injury portion of the damages.

Some personal injury damages do not become evident until days or weeks after the motor vehicle accident.  Therefore it is important to receive immediate medical attention to evaluate the degree of injuries that occurred as a result of the wreck.  Waiting to receive this evaluation will adversely impact the damages claim due to personal injury.

Damages are determined by medical documentation and confirmed by the diagnostic testing, such as x-rays, MRI, CAT scans, and other diagnostics.  These types of medical records become the basis of your damages for the personal injury claim.  Without this necessary medical treatment and documentation it is impossible to prove up your injuries.  This is the evidence in your personal injury claim that provides the calculation for your damages.

Lisa DouglasThanks to our friend and contributor from the Law Offices of Lisa Douglas, Inc. for their insight into medical malpractice.

Posted in Uncategorized

Key Types of Auto Accident Witnesses

Hopefully after your accident, you got the contact information for all the witnesses to it.

Now you need to determine in partnership with a Chicago Personal Injury Lawyer at The Law Offices of Konrad Sherinian, which ones will help or hurt your case.

An attorney can advise you about all the complexity related to witness factors.  Some basic tips:

Credibility is key.  If you did not get a police report at the scene of the accident, provide the police with witness contact information and ask for one as soon as possible after.  Neutral third-party witnesses are best. Did anyone record it on their cell phone camera or still shots? Is there traffic camera footage?  How about security footage from the parking lot of a nearby store?  If so, try to obtain copies of these.

If the accident was near a bar or restaurant, were all the parties sober? If not, what amount had they consumed over what time period? The other side may call into question this factor.

When you interact with the witness what is their demeanor like?  Reliability is also an important factor.  Does their story change when you challenge them on a fact? Did they appear to have a clear view of the incident? Do they seem to have a good memory?  You will not be eager to use the account of a witness who through confusion or poor recall may contradict the police report, or what other key witnesses have said about events.

Also consider variables at the scene.  It is important to not make assumptions and ask possible witnesses the right questions. Did the witnesses have glasses or contacts on if they use prescription lenses?  Do they have adequate night vision? Was there rain or wind that prevented a clear view of the intersection?  From about how far did they view it, and at what angle? It is helpful at the scene or after to draw a diagram of the accident with marks to show the locations of each car and each possible witness.

Konrad SherinianThanks to our friends and co-contributors from the Law Offices of Konrad Sherinian for their insight into auto accident witnesses.

Posted in Uncategorized

Can You File a Workers’ Compensation Claim for an Injury Sustained at a Work Party?

From holidays, to social gatherings, to corporate events, everyone enjoys participating in a workplace party or social gathering, but what happens if you’re injured at one of these events?  You may be entitled to benefits under your employer’s Workers’ Compensation insurance policy.  Just because an injury occurs in a social setting rather than your conventional work duties, doesn’t mean you’re barred from medical and monetary benefits under Workers’ Compensation. Various factors can play a role in determining if a work party injury is covered, for example, location of the party, payment for the party, whether attendance was optional and timing of the party.   Each case is fact sensitive, so meeting with a NY workers’ compensation attorney can be especially important in these matters.

There are many scenarios in which you may be covered.  In a recent case, a client came to our office after fracturing his foot at a work holiday party. Despite the injury occurring as a bystander to an altercation at the party, since the party was at the place of employment and it was during the time the claimant was supposed to be working but for the party, the case was found compensable.  In another similar case, where a claimant was injured at an off-site dinner to celebrate a co-workers retirement, the employer was found to be liable as they provided time-off to attend the gathering, paid for travel expenses and paid for the dinner in advance.  A final example of a covered event, is a case where the employee suffered a heart attack as a result of strenuous dancing at an employer sponsored dinner to boost morale amongst employees.

As you can see, just because you may have been having fun, and not in your usual work setting, doesn’t mean you are not covered under Workers’ Compensation and you may be entitled to benefits.

Thanks to our friends and contributors at Polsky, Shouldice & Rosen, P.C., for their insight into workers compensation practice.

Posted in Uncategorized

Joint Injuries Due to Car Accidents

The Association for Safe International Road Travel reports that 2.35 million individuals are significantly injured due to car accidents every year. Joint injuries are one of the most frequent types of injuries suffered by automobile accident victims. A joint as an area where two or more bones join. Joint injuries can entail several different types of damage to this area of the human body.

How Joint Injuries Occur

Joints in the human body consist of either ligaments that connect bones or tendons which connect muscle to bone or cartilage. During car collisions, your body may instinctively bend at the joints to protect you from the impact of the accident, which can apply great amounts of pressure on your joints and lead to joint damage.

Types of Joint Injuries

Joint injuries can result in a variety of physical ailments like bone fractures, dislocations, soreness, sprains, and swelling. The types of joint injuries that can occur include:

  • Elbow Joint. These types of injuries often result when an individual grips a steering wheel or other part of an automobile prior to impact. Elbow joint injuries can greatly impact a car accident victim’s daily life because the victim may not be able to fully bend or extend the arm.
  • Hip Joint. Any type of body contortion during a vehicle collision may lead to hip joint injuries. These injuries frequently result lack of mobility.
  • Knee Joint. Striking the dashboard during a car accident might result in knee joint injuries. Substantial knee injuries can greatly impair an individual’s ability to walk.
  • Shoulder Joint. Car collisions where an individual’s shoulder is struck within the interior of the vehicle often result in shoulder joint injuries. These serious and painful injuries can greatly impact a car accident victim’s ability to use both arms and therefore can limit the individual’s ability to perform many essential life tasks.
  • Spine. The spine can be injured in several ways during a car accident. Facet injuries are commonly suffered by car accident victims. Facets are the small supporting joints in the spine. Another type of injury that car accident victims can experience are damages to the sacroiliac joint. The sacroiliac joint is a connecting joint at the bottom of the spine. Facet, sacroiliac, and other types of spine injuries can greatly impact an individual’s ability to move.


There are numerous types of treatment available for car accident victims who experience joint injuries. Some of the most common types of treatment include:

  • Acupuncture
  • Chiropractic Manipulation
  • Injections
  • Medication
  • Physical Therapy
  • Support Devices
  • Surgery

Advice for Individuals Who Experience Joint Injury

One can decrease the negative aspects of a joint injury in several ways:

  • See A Doctor As Soon As Possible. The quicker a medical provider is able to assess an individual’s joint injury, the less risk the individual has of further harming the joint due to additional wear and tear on the body.
  • Collect Evidence. Collect any evidence relevant to injury. These information can help a lawyer strengthen your case against an opposing party or insurance adjuster.
  • Talk to an Attorney. A skilled car accident attorney may know how to best handle your case and obtain the compensation that you deserve.

If you have fallen victim of a car accident and have suffered joint injuries, it may be in your best interest that you get an experienced car accident lawyer in Los Angeles to guide and represent you.

West Coast Trial LawyersThanks to our friends and blog authors from West Coast Trial Lawyers for their insight into joint injuries as a result of auto accidents.

Posted in Uncategorized

Workplace Safety Law

Workers Compensation Lawyer Elizabeth NJWorkplace safety law is written to protect workers from harm. Workplace safety rules apply to almost every private sector employer in the country and implement standards to prevent accidents in the workplace. Government agents are given authority to ensure that various workplaces are in compliance with all relevant safety regulations and codes. Businesses that violate these codes may face fines or even criminal penalties such as imprisonment.

Whistle blowers are employees who report noncompliance with government safety regulations. A personal injury attorney specializing in workplace safety law and premises liability can often help protect whistle blowers from retaliation by the employers they report. Businesses also hire attorneys to draft regulations that are up-to-date with governmental regulations.

Occupational Health and Safety Rules

The Occupational Safety and Health Act was passed by Congress in 1970 to ensure that businesses comply with federal safety regulations. Legislation in this area creates certain rights for workers and obligations for employers. Workers’ rights involve being told about known hazards in the workplace and training to avoid them. Workers have the right to information about the health and safety laws that govern the businesses they work for and must also be given a way to file a complaint if any safety laws are broken. Employers are not permitted to retaliate in any way against an employee who reports a safety violation, but it is an unfortunately common occurrence nonetheless.

Employers are required by OSHA to actively look for potential threats to employees. It is not enough to simply implement existing safety regulations and address problems as they arise. Once a hazard is discovered, the employer has a duty to remove it to prevent harm to employees. Workplace hazards that are impossible to eliminate must be handled in a manner that educates employees about the potential risks and provides them with reasonable measures to avoid harm.

OSHA regulations are commonly implemented in dangerous industries, such as construction and mining. In these industries, OSHA regularly issues inspections and citations for businesses that do not comply with regulations.

Workplace Safety Claims 

Workplace safety attorneys frequently consult with clients to ensure compliance and proactively address potential legal problems. Frequent audits are often needed in workplaces where dangerous machinery is used. New practices may need to be adopted for environments in which dangerous materials are present. With advice from an attorney, compliance audits may help businesses learn more about the needs of their employees and make appropriate adjustments to workplace conditions and training. Record keeping is an essential part of the workplace safety assurance process.

Claim Investigation

If you have been injured in a workplace accident, you may be eligible to file for workers’ compensation or a personal injury lawsuit. Once a claim is made, your employer will likely seek legal assistance if the company does not have counsel already. If an OSHA citation has been issued, the company may face extensive fines and sanctions. In some cases, a large amount of publicity occurs when a personal injury case is involved alongside a workplace regulation violation.

Not all workplace injury cases are adversarial. Many cases are settled agreeably between an injured worker and an employer, but it is still in your best interest to have legal representation. It is common for an employer’s insurer to make insultingly low settlement offers in an attempt to avoid reaching a settlement at all. If your case goes to trial, a lawyer can help you document your injuries and show that negligence on behalf of your employer was at least somewhat responsible for your accident. The most important benefit of working with an attorney is that he or she can represent your claim to insurance adjusters, employers and opposing counsel.

Not only can representing yourself be intimidating, but it makes it easier to invalidate your claim by saying the wrong thing to the wrong person as well. Contacting an experienced personal injury lawyer is one of the most effective ways to ensure that your claim is acknowledged and managed properly. From medical expenses to lost future wages, you should seek the highest reasonable settlement to ensure that your needs are met both now and in the future. Acting quickly is also important, since statutes of limitations often limit the amount of time you have to file a lawsuit.

Special thanks to our friend Aaron Crane, of Cantor Crane, Law Offices of David Michael Cantor, Cantor Law Group, for providing some insight into workers compensation practice in Phoenix, Arizona.

Posted in Workers Compensation

What Your Workers Comp Attorney Wants You To Know In 2016

Advice From an Asbury Park Workers Compensation Lawyer

Workers Comp Lawyer Asbury Park

So long as accidents continue to happen in the workplace, there will always be a need to look for the workers’ comp attorneys Asbury Park has to offer.

While business owners and managers are obligated to take care of their employees, any workers’ comp lawyer Asbury Park will always recommend workers to be proactive and responsible for maintaining a safe worksite not only for their sake, but others as well.

Here are a few workplace safety tips recommended by the best workers’ comp lawyers Asbury Park has to offer.

  1. Road Safety in Asbury Park

The United States Occupational Safety & Health Administration (OSHA) estimates that work-related driving accidents cost employers around $60 billion a year. When it comes to being on the road for work, here are a few good habits to consider practicing. Any workers’ comp attorney Asbury Park will understand the wisdom behind the following recommendations:

  • Every month, conduct an inspection of your work vehicle and make repairs if necessary
  • Before driving a company vehicle or truck over long distances, be sure to inspect break lights, turn signals, and tire pressure
  • Follow your company’s safe-driving policies and always observe traffic laws
  1. Take Extra Care when Working in Extreme Conditions

Some jobs require employees to work in harsh conditions. For instance, construction employees who are outdoors for extended periods of time are often exposed to the heat or cold, which can impact their health and ability to continue working safely.

Any reliable construction accident Lawyer Asbury Park will recommend the following practices when working in extreme environments.

  • Working in the cold – Dress in layers when working in the cold. Be sure to keep your head, hands, and feet warm, as these pats of your body are most prone to frostbite. When you’re feeling warm, take off one or two layers of clothing, putting them back on when the temperature gets cold.
  • Working in the heat – If you have existing health conditions such as hypertension and heart disease, you should consult your physician before working in hot environments. When on the jobsite, wear loose-fitting clothing, stay hydrated, and take frequent breaks.
  1. Report Dangers in the Workplace

Reporting unsafe areas or situations is one way of improving the safety of your workplace. For instance, if you see or cause a spill of hazardous material, immediately cordon the area and report the incident. Your workplace should have an SOP for spills, so be sure to know what it is if you need to handle hazardous chemicals.

For more pointers on avoiding workplace injuries, contact the lawyers at Rispoli & Borneo, the best workers’ comp attorneys Asbury Park, has to offer, at (908) 768-3884 (new clients) and (908) 353-0800 (existing clients).

Posted in Workers Compensation

Always Get The Video Evidence: Advice From A Drunk Driving Lawyer – Elizabeth, NJ

Always, Always, Always Get The Video Evidence!

(True stories from the courtroom)

Drunk Driving Lawyer - Elizabeth, NJ

The first step in defending a client charged with violating N.J.S.A. 39:4-50, (Driving Under the Influence) is to request “discovery” pursuant to Rule 7:7-7. Up until just a few years ago, discovery was comprised almost exclusively of paper discovery, which included police reports, breathalyzer results, operator’s certifications and documents necessary to confirm the accuracy of the breathalyzer. In recent years, all experienced drunk driving attorneys have expanded the request to include photographs, video and audio recordings. Now that almost every police vehicle is equipped with a video camera, it is critical to obtain this information prior to engaging in any discussions with the Municipal Prosecutor. Below is a perfect example of why the video tape is critical.

In February of 2015, one of my clients was stopped by a State Trooper while travelling down a major highway in North Jersey. He was charged with Drunk Driving, Reckless Driving and Failure to Maintain Lane. A conviction would have resulted in a two year loss of his privilege to operate a motor vehicle in New Jersey, because he had a prior Drunk Driving conviction.

After he retained my services, I requested a complete copy of discovery, including photographs, video and audio related to the stop. The paper discovery was produced promptly. However, the Municipal Prosecutor had difficulty obtaining a copy of the video and audio recordings from the State Police. I was forced to file a motion to compel production of the video. Before the Judge was forced to rule on my motion, the Municipal Prosecutor was able to produce a copy.

Per the police report, my client was pulled over because he was swerving. This was clearly reflected on the video. After being pulled over, the trooper observed a strong odor of alcohol, in my client’s motor vehicle. Based upon the odor of alcohol, my client was asked to perform field sobriety tests, which he reportedly failed. He was then transported to the police station where he was administered a breathalyzer. Based upon the test results, he was charged with violating N.J.S.A. 39:4-50 (Driving Under the Influence). Importantly, the Trooper indicated in his report that upon opening my client’s passenger side door, he immediately smelled an odor of alcohol. The report further provided that once my client was placed in the police vehicle it smelled of alcohol and the same happened when he was placed in the holding room, at the police station. It is important to note, that the odor of alcohol is what provided the State Trooper with “probable cause” to ask my client to exit his vehicle and perform the “field sobriety tests.” In essence, it was critical to the State’s case.

Here is where it gets interesting! On video the Trooper is seen pulling over my client’s vehicle. He is then seen approaching the passenger side door and engaging in a one minute and fifteen second conversation, with my client, through the passenger side door. When he closes the door, he immediately turns to the two other State Troopers on scene and states “I don’t have an odor of alcohol.” Less than five seconds later he again states “I don’t have an odor of alcohol.” Remember, the police report, which was prepared by the Trooper that pulled my client over, said there was an “immediate” odor of alcohol. Bottom line, the Trooper lied in his report.

Armed with this blatant contradiction, I played the video for the Municipal Prosecutor and spoke to him regarding a dismissal of the DUI charge. The Municipal Prosecutor refused to dismiss the charges without speaking to the Trooper, which prompted the Judge to schedule the matter for trial. On the day of trial, the Municipal Prosecutor agreed to dismiss both the drunk driving and reckless driving summonses. It was obvious that he had no intention of calling the Trooper as a witness because he would have been forced to admit he lied in his report.

More often than not, the video will support what is found in the police report. However, there are times when an officer makes a mistake or flat out lies on tape. Experienced drunk driving attorneys know that those mistakes and/or lies are critical to the defense of every drunk driving client. That is why it is critical to obtain a copy of the video before engaging in plea negotiation.

If you have been charged with drunk driving or refusing to submit to a breathalyzer, you need to be represented by an experienced drunk driving attorney. The lawyers at Rispoli & Borneo, PC have years of experience and have handled hundreds of municipal court matters. Give us a call and we would be happy to sit down with you – free of charge – to explain what we can do for you.

Posted in DUI

Workers’ Compensation Claims: Back to the Basics – No Fault/Negligence Required

workers compensation lawyer elizabeth nj

Elizabeth NJ Personal Injury Lawyer | Elizabeth NJ Workers Compensation Lawyer

Elizabeth NJ Personal Injury Lawyer | Elizabeth NJ Workers Compensation LawyerAs an Elizabeth, NJ Personal Injury Lawyer, I have met with hundreds of potential clients.  One question that comes up often is do I have to prove my employer was at fault to pursue a workers’ compensation claim.  The answer is no.

To pursue a workers’ compensation claim, an employee must establish he/she was employed on the date of the accident and the injury “arose out of and in the course of employment.”  The law in New Jersey does not require an injured worker to prove his/her employer was at fault for the accident or injury.  In other words, an injured worker does not have to prove his/her employer was negligent to recover workers compensation benefits.  In fact, the accident could be the fault of someone other than the employer, or event the employee, and a viable workers compensation claim may exist.  The best way to understand this concept is by way of an example.

Mr. Smith is employed by the ABC Delivery Company in Elizabeth, NJ.  His job requires him to work in the company warehouse and deliver items in the company pickup truck.  If Mr. Smith injures his back while picking up a heavy item in the warehouse, he is entitled to workers’ compensation benefits. Why? Because he was employed by the company on the date of the accident and the back injury arose out of and in the course of his employment.

What happens if we change the fact pattern?  Mr. Smith is injured in a motor vehicle accident in the middle of Elizabeth, NJ, while driving the company pickup truck.  The accident is caused by Mr. Smith when he runs a stop sign and strikes another vehicle.  In this scenario, Mr. Smith has a viable workers’ compensation claim.  He is entitled to temporary benefits (lost wages), medical benefits and a permanency award.  Clearly, company did nothing to cause the motor vehicle accident or Mr. Smith’s injuries.   In fact, it was Mr. Smith who caused the accident and who was negligent.   However, Mr. Smith was employed on the date of the accident, and the injuries arose out of and in the course of his employment – delivering items for the company.  Accordingly, he has a viable workers compensation claim.

If an employee is injured and he/she is in anyway involved with work activities at the time, the employer should be put on notice of a potential workers’ compensation claim.  Then, the employee should contact an experienced Elizabeth NJ Personal Injury Lawyer to determine if there is a viable claim.  The answer may turn out to be “no.”  But more often than not, the answer is “yes”.

If you think you might be eligible for a workers compensation claim, contact our Elizabeth, NJ workers compensation lawyer for a free consultation today!

Posted in Workers Compensation

Workers’ Compensation Claims: Back to the Basics Medical Benefits

Workers Comp Attorney Asbury Park – Asbury Park Workers Compensation Attorney

Workers Comp Attorney Asbury Park | Asbury Park Workers Compensation Attorney

Every employer in the State of New Jersey is required to purchase workers’ compensation insurance.  If you are injured at work, you are entitled to benefits under your employer’s New Jersey workers’ compensation insurance policy.  Those benefits include temporary disability benefits, medical benefits and a permanency award.  The purpose of this post is to discuss the medical benefits provided in a typical New Jersey workers’ compensation claim.

If an employee is injured at work, the employer’s Workers’ Compensation Insurance Company is required to provide medical treatment.  The cost of the treatment is paid 100% by the insurance company.  However, the insurance company has the authority to select the treating physician.  If the employee treats with an unauthorized physician (a physician not approved by the insurance company), the employee will most likely be responsible for the cost of treatment.

Once an authorized physician has been selected, that physician coordinates an injured employee’s medical care.  The authorized physician can prescribe medication, prescribe physical therapy, order testing, and refer the employee to a specialist.  The authorized physician also determines when an injured employee can return to work.  Finally, the authorized physician determines when an injured employee has reached “maximum medical improvement,” which allows the insurance company to discontinue treatment.

Frequently, the insurance company will seek to discontinue treatment and an injured employee will disagree with the decision.  In this instance, the Asbury Park workers compensation attorney must file a Motion for Medical and Temporary Benefits.  This motion puts the issue of continued medical treatment before a Workers’ Compensation Judge.  If the parties cannot resolve the issue, with the assistance of the Judge, a formal hearing will be held with testimony from the injured worker, the employee’s medical expert and the insurance company’s medical expert.  Ultimately, the Judge will make a decision as to the necessity of additional treatment.

Issues related to an injured employee’s medical treatment arise often in Workers’ Compensation cases.  Medical treatment can become an issue at any point in the life of a case.  To ensure an injured worker gets all of the medical treatment necessary to make the best recovery possible, it is important to retain an experienced workers’ compensation attorney who will not hesitate to challenge the insurance company’s position and is ready, willing and able to file the appropriate motions.

Posted in Uncategorized