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Our Legal Blog: NJ Injury & Accident Attorneys

Keep Safe in Holiday Traffic with These 7 Tips

Every single year, the number of deaths in the US spikes around Thanksgiving. The death rate remains fairly high throughout the winter. While some of these deaths can be attributed to coronary issues, many are due to traffic accidents. As a car accident attorney, I want you to stay safe over the holidays. Accelerate and Decelerate Slowly Applying the gas slowly is one of the best ways to gain traction and avoid skids. It takes more time to stop when the roads are icy, so you should take your time to slow down for a stop sign or a red light. Do not hurry, or you will hurry on the way to the hospital. Avoid Hills if You Can Going up or down a hill presents a massive challenge when the roads are snowy. When you press the accelerator while going up a hill, you may just be spinning your wheels. If you can, try to build up some momentum before getting onto the hill. On the descent, remember that it takes longer to come to a complete stop. Apply the brakes before you think you need to. Give Other Drives Space Chances are, not every driver is as careful as you are. Turning, stopping, and speeding up are all far more difficult when conditions are poor. Other drivers do not always understand that, and may do something unexpected to compensate for a bad decision they made. Carry Emergency Supplies There are a few items that every car should have: Tow and tire chains Antifreeze Small folding shovel Basic tool kit Warning flares Road salt All of these can...

I was the Passenger in a Car Wreck. Can I Make a Claim?

There were almost 13,000 car accidents in Morris County alone last year. Many of us ride with passengers. They can be our friends, family members, or anyone. The aftermath of a car accident is scary and confusing for everyone involved, especially people who have no control over the situation. That is where we can help. At DeZao Law, we want you to know your rights, duties, and responsibilities. As part of our service as New Jersey Personal Injury Lawyers, we want to enlighten you on this area of law. Passenger Injury Claims In a vast majority of car accidents, someone is considered to be at fault. When someone hits another car, a pedestrian, or an inanimate object with their vehicle, the court may hold them legally responsible. The judge weighs their actions or inactions to determine who was negligent. Sometimes, no one is negligent. No one can reasonably expect a wild animal to jump out in front of their vehicle, and it is possible that the driver might not be found to be negligent. When a drunk driver hits someone because they were not in control, it is likely that they will be found negligent. If the accident involved multiple vehicles, an investigation will be conducted to determine who is at fault. Incidents, where neither party is deemed to be at fault, are extremely rare. If you were a passenger in a car accident, you will almost never be deemed to be at fault. This makes the entire process easier for you. The only exceptions might involve a passenger grabbing the steering wheel or otherwise causing the accident. You...

the 411 on Dog Bites and Animal Attacks

Dogs bite more than 4 million people every year in the United States. Between 6,000 and 13,000 people are hospitalized because they are attacked by dogs. In worst case scenarios, a dog bite leads to death. Dogs are not the only pets that harm people. Exotic pets, such as snakes and tarantulas, have injured 336 people and killed 45 Americans. It seems as if every home has a pet. In New Jersey, we love our animals. For some people, their cat or dog is essentially a member of their family. It is important to keep in mind that they are still animals. An animal’s actions are not always predictable. Dog Attacks in New Jersey Two-thirds of people who are attacked by a dog know the canine before the bite. Sometimes the dog is your own, while at other times it is the dog of a friend or family member. Legally, if someone else’s dog clamps down on you with its teeth, you have the legal right to sue. New Jersey is known as a strict liability state when it comes to dog bites. This means that you are allowed to make a legal claim even if the owner did not know the dog might bite or took reasonable precautions to restrain the dog. The owner is always legally responsible for a dog bite. If someone is bitten, they have a right to sue to recover damages. The exact amount of compensation depends on the severity of the injury. Strict liability only applies to dog bites. Citizens of New Jersey can sue for damages due to negligence. When a dog...

Dash Cams in Auto Accidents

Can dash cams help in automobile accidents? Dashboard-mounted cameras, or dash cams, provide valuable evidence when there is uncertainty about a case. With proper use, footage from your dash cam will establish evidence and help you settle an auto accident claim in your favor.   Read more to find out the role dash cams can play in auto accidents, and see if it is a worthy investment for you. Why Use Dash Cams in Auto Accident Claims? Auto accidents happen unexpectedly. No matter how careful you are, you cannot account for the behavior of other people on the road. A car can suddenly cut you off, a person can jump in front of your car, or a distracted driver can ignore a red light and hit your car while going through the intersection. Settling auto accident claims often become a tedious process because both parties can claim innocence. But technology has made it possible to add a layer of objectivity in auto accident cases. Before personal dash cams became popular on the market, they were already associated with the police. Police vehicles have dash cams installed as another potential source of documentation and evidence. Now, dash cam footage from privately-owned cars provides the same benefit in auto accident claims. In fact, law enforcement authorities prefer the use of dash cams in settling auto accident claims. Dash cams record video directly to an SD card. Some can even record sound, have night vision, and built-in GPS. Though having dash cam footage does not mean you automatically win the claim, it still benefits the proceedings of the case overall. In this...

Post-Accident Symptoms and Treatments

Death by vehicular accidents is the leading cause of preventable death in the United States. Every year, millions of people are injured or killed in car crashes. In order to lessen these accidents, car developers continue to make all sorts of safety improvements. Countless lives have been saved through these developments. However, accidents just simply cannot be avoided. Being part of a car accident is truly an unfortunate situation. This may cause stress, trauma, and all sorts of physical injuries. In more serious accidents, you will be able to see the more obvious symptoms of injury immediately. But sometimes, symptoms of injury may only be felt hours or days later. Headache Headaches are common to experience after having been involved in a car accident. If you strike your head hard, your brain may hit the inside of your skull, causing you to sustain a concussion. Symptoms do not often show up immediately. Apart from headaches, you may also feel disoriented, nauseous, and have difficulty in thinking and retaining information. A splitting headache may also mean you have incurred another undiagnosed head injury, or even a blood clot.  A doctor will typically prescribe pain relievers so that you will feel some immediate comfort. You must also get some good rest and avoid doing any strenuous activities. In order to more precisely diagnose your injury, have a CT scan of your brain done. Joint and Muscle Pain Being involved in a car accident means that your body may have taken in a lot of force and trauma. This may cause you to feel sore and all banged up. One of the...

2017 Summer Tips to Prevent Construction Heat Illness

The temperature is rising. Summer is coming, and in many parts of the country, it is already here. While there are very many who are ready to shrug off their winter coats as they look to the beach, construction workers ready themselves for the high season. The statistics for heat-related deaths in the US is absolutely staggering: 3,332 people perished from the heat between 2006-2010 (https://www.cdc.gov/nchs/data/nhsr/nhsr076.pdf). Construction workers are incredibly prone to the heat, as most of their work is done outside and the work is strenuous. Here are three tips to make sure your health is not jeopardized while you are on the job. 1. Know the Signs Heat-related maladies are important to recognize. The two most common forms of heat-related illnesses are heat stroke and heat exhaustion. Heat exhaustion is the milder of the two and is often accompanied by dehydration, which exacerbates its symptoms. The malady is divided into two categories: water depletion and salt depletion. The signs of the disease are confusion, dark-colored urine, dizziness, fainting, fatigue, headache, cramps, pale skin, accelerated heart rate, and profuse sweating. Heat strokes are far more serious and can take lives when not cautioned for. Medically, a heat stroke is when your internal body temperature reaches 104 degrees, but on a construction site rarely has thermometers for people. This temperature is the point at which heat impacts the central nervous symptoms, and the symptoms include a throbbing headache, lack of sweating, dizziness, confusion, red and dry skin, muscle weakness, nausea, rapid breathing, and an accelerated heart rate. In more extreme cases, unconsciousness and seizures may occur. If you see...

Injured at Work? Take these Next Steps

Despite any number of regulation-appropriate workplace precautions, safety protocols such as training and simulations, and physical preventative measures such as warning signage, employees still face unfortunate accidents while at work. Your top priority when injured at work is to ensure everyone’s safety and health, in the current situation and also for the future.   There are several concrete steps you can take to immediately address an injury at work. Some of these actions will take weeks or even months. However, the first 24 hours after an injury are the most crucial.   These steps are designed to protect the physical, emotional and mental interests of the employee. The Proper action also protects the interests of the company, especially in terms of liability. In instances of workplace accidents, both the employee and the employer need to take certain steps.   Steps to Take After an Injury   Employees who are injured while working on the job have to take certain steps to ensure their physical and also legal interests. Here are the steps any employee should keep in mind:   1. Receive Medical Attention If you become injured at work, stop whatever you are doing immediately and seek medical attention. Depending on the severity of the injury, you may need to be transported to a healthcare facility or treated on site.   2. Ensure Report of Injury Make sure that you report the injury to your superior. This may be before you receive medical attention, for less severe cases, or after you’ve already received medical treatment. If you do not report your injury immediately, it is less likely for your...

What is Personal Injury Law?

Victims of personal injury cases can get just economic and non-economic compensation as provided for by personal injury law. Personal injury law deals with cases that involve victims of accidents or intentional wrongs. The usual goal in this type of lawsuit is compensation whether it is economic (damages, lost wages), non-economic (rehabilitation, household help) or both.  However, in some situations, a punitive outcome such as possible jail time may be reached. What are the causes of personal injury? Anything that causes injury to a person as a result of the action of another can be a basis for the victim to file a personal injury lawsuit. The most common include the following: Negligence – This is the usual reason behind injuries caused by vehicular accidents or medical practice. Liability – Manufacturers of a certain product that causes harm to a consumer can also be brought to task through the personal injury law. The same goes with toxic exposure from industries situated near communities and injuries from faulty construction. Social wrong – Victims of bullying or preferential treatment because of race or gender, among others, can also file a personal injury lawsuit.   Intentional wrong – This pertains to any voluntary act that injures another person.   When does a victim need a lawyer? Victims can opt for a legal remedy especially in the following situations: Medical malpractice – Anyone who has experienced negligent or incompetent health care services needs a legal representative to get the most of his/her claim. Permanent disability – This covers appearance and physical abilities. A lawyer helps in figuring out the terms of compensation that...

Wrongful Death Lawsuit vs Survivor Action

No amount of money can compensate for the death of a loved one, and nothing is more painful than losing a loved one because of another person’s negligence. If you know someone, or you yourself have lost someone due to another’s negligence, you might have heard of the concept of a wrongful death lawsuit. There is also a type of case called survival action. These two actions are statutory and strictly governed by state law. Although they have the same premise, these two actions have major differences and we are here to help you decide which course to follow. What is wrongful death lawsuit? Wrongful death describes the death of a person caused by negligence or recklessness of another person or people. A wrongful death lawsuit is filed by immediate family members to seek compensation for emotional and financial damages resulting from their loved one’s wrongful death. In order to have a strong case of wrongful death, there are four elements that the surviving family of the victim needs to prove.   Negligence   The ones filing the lawsuit must prove that the victim’s death was caused by the defending party’s negligence in part or in whole.   Breach of duty   It must be proved that the defendant has a duty to the deceased victim. Take, for example, medical health providers. They have a duty to exhaust all efforts in maintaining a patient’s health. It is the responsibility of the plaintiff to establish that the defendant owed a duty to the victim and the breach of this duty caused the wrongful death.   Causation   Apart from proving...

How Do You Settle a Car Accident Claim?

Car accidents are a normal occurrence these days. However, you would not want the hassle of being on either end of an accident. Dealing with the result of a car accident can be difficult, especially for people who were injured. It is important that you understand the basic laws on settling a car accident claim.   File the claim as soon as possible. Do not wait for weeks or months after the accident to initiate a claim. Get in touch with your insurance company at the soonest possible time so that you can give as many accurate details about the accident. Be prepared. Even if you are not the one who caused the accident, you will not be dealing with the other driver directly. In your attempt to settle a car accident claim, you will face or deal directly with the other driver’s insurance company. It is important that you do your homework before facing the representative of the insurance company. Gather the name and contact information of the other driver, his or her insurance company, any witnesses, and the law enforcement officers who came to the scene of the accident. If you have photos of the accident scene, they will also be beneficial especially if you are the aggrieved party. In pursuing your claim, the insurance company will require or ask for tons of information, so it is a good idea to come prepared. It is also important to note that the insurance company is not on your side. Equip yourself with information that is beneficial to your claim. Estimate damages. There are two types of damages involved...
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