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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...
4 F.A.Q. About NJ Construction Wrongful Death Cases

4 F.A.Q. About NJ Construction Wrongful Death Cases

Constructions sites are some of the most high-risk environments for workers. Despite the regulations implemented to prevent accidents in the workplace, construction workers are still vulnerable to injuries or death, especially when employers fail to comply with safety rules.   According to statistics, the construction industry is the cause of the highest number of fatalities in New Jersey. If a person dies at a New Jersey construction workplace, a wrongful death claim can be filed in order to compensate for the irreplaceable loss of a loved one. Different states have their own laws regarding wrongful death. While New Jersey lawyers can give assistance in filing a wrongful death claim, it is still important that you understand how a wrongful death claim works when it is the result of a New Jersey construction accident. In this article, we will go over some frequently asked questions regarding New Jersey construction wrongful death cases.   What qualifies as a wrongful death in New Jersey? In the state of New Jersey, a fatality is considered a wrongful death if it is “caused by a wrongful act, neglect or default of another.”  It can be considered a wrongful death when the conditions leading to the death are valid grounds for a personal injury lawsuit filed by the victim against another party, if the decedent had not died. In wrongful death cases, it is important to prove the liability of one party, negligence, a wrongful act and the breach of duty that resulted in the victim’s death. Basically, a wrongful death claim is somewhat similar to a personal injury claim, but because the deceased victim...
Workplace Accidents Could Cause Blindness

Workplace Accidents Could Cause Blindness

If you have suffered an eye injury or problems with your vision due to an accident or exposure to toxic substances at work in New Jersey, you’re not alone. Ten of thousands of workers suffer eye injuries while working, and Prevent Blindness has set aside March as Workplace Eye Wellness Month. There are more than 20,000 workplace eye injuries occurring annually according to the U.S. Bureau of Labor Statistics, reports the American Academy of Ophthalmology. The federal Occupational Safety and Health Administration (OSHA) reports workplace eye injuries cost about $300 million a year in lost productivity, medical treatment and workers compensation payments. Injuries can range from mild eye strains to severe trauma causing permanent vision loss and blindness. The most important thing an employer can do is to provide eye protection for workers, and employees need to take advantage of it and wear it when it’s available. It’s been estimated that use of appropriate protective eyewear could prevent more than 90% of serious workplace eye injuries. Frequent causes for eye injuries on the job include: Flying objects (such as pieces of metal, glass, wood or concrete) Tools Fine particles Chemical exposure. To try to prevent eye injuries from happening, follow this advice: Make yourself aware of the possible workplace threats to your eyes. Eliminate those hazards before starting to work by using machine guarding, work screens or other engineering controls. Wear proper eye protection. You should wear protective eyewear in any place an eye injury may occur. What type of eye protection you need depends on the hazards you face. The protection and eyewear should comply with OSHA regulations...
National Work Zone Awareness Week: How to Stay Safe

National Work Zone Awareness Week: How to Stay Safe

Well-kept roads are safe roads, and that’s why highway improvement projects are indispensible necessities for New Jersey. But what happens when those safety efforts actually create danger for the very people who are asked to keep our roads in shape? Unfortunately, that’s exactly what happens in work zones all across New Jersey. Roadway workers risk life and limb when toiling away in narrow lanes and skinny shoulders as high-speed automobiles rush by. All too often, they suffer catastrophic injury or even death. This month, from March 23 – 27, we observe National Work Zone Awareness Week all across the United States. It’s a concerted effort to remind motorists that they have a duty to exercise great care when traveling through designated work zones. A little extra caution could go a long way in saving lives. Most Work Zone Accidents Are Preventable Like most auto accidents, work zone-related injuries happen suddenly and without warning. Speed is a common factor. Even where other causes are to blame, the overwhelming majority of work zone accidents are entirely preventable. It is a tragedy, then, that so many continue to happen. This year, the official motto for National Work Zone Awareness Week is “expect the unexpected,” and that’s an important message for both workers and drivers to bear in mind. When you assume that you very well could strike a worker, you will actually be less likely to. That’s because you’re actively preventing your mind from carelessly drifting from the task at hand, a vice that leads to the majority of work zone accidents. Experts insist that it really is that simple — just...
OSHA: New Jersey Workers Faced an “Electrical Nightmare”

OSHA: New Jersey Workers Faced an “Electrical Nightmare”

Xpedited Services isn’t the first company to let its safety standards slip, but according to OSHA, the outrageous conditions they found there were less of a slip and more of a landslide. The abysmal scene that OSHA found in one Jersey warehouse will shock you (no pun intended). Things were so bad that OSHA officially deemed the place an “electrical nightmare.” Their report is a stark reminder that employers sometimes create the risk for workplace injuries in New Jersey — and they need to be held responsible. A Look Inside OSHA’s “Electrical Nightmare” in Jersey City When the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) showed up for a routine inspection at a Jersey City warehouse, they couldn’t believe what they found: Cords with live electricity being used in wet areas Overloaded power outlets in wet areas Blocked exits Open holes in the floors Tangled extension cords Malfunctioning forklifts Flexible cords and temporary wiring used in place of permanent wiring Four extension cords plugged into one outlet Improperly stored bottles of propane Lack of forklift and fire extinguisher training for employees. OSHA cited Xpedited Services LLC, a trucking company out of Jersey City, with 14 “serious” code violations and $63,000 in fines. OSHA’s definition of “serious” means that the violation creates a substantial probability that death or serious physical harm could result — and that the employer knew (or should have known) about it. “Xpedited Services created an electrical nightmare for its workers, exposing warehouse employees to electrocution hazards and significant fire risk,” said Kris Hoffman, director of OSHA’s Parsippany, NJ office. “It was unacceptable that...
Two NJ Landscapers Die in Horrible Work-Related Tragedy

Two NJ Landscapers Die in Horrible Work-Related Tragedy

Hearts are heavy in New Jersey as we mourn the loss of two landscapers who died during a routine trench-digging project in a Morris County neighborhood earlier this month. Their tragedy, an unimaginable accident that seems to have come out of nowhere, captured the rapt attention of New Jerseyans who were hopeful for a positive outcome despite the long odds. Now, people are asking how it happened — and who can be held responsible for these kinds of work-related deaths in New Jersey. How a Morris County Neighborhood Draining Pipe Claimed Two Lives Four employees of a local landscaping company were digging a trench for a new home in a private neighborhood in Morris County when things suddenly went very wrong. The trench began to cave, and one of the workers quickly became trapped in the collapse. Another bravely jumped in to try to save the man, but both found themselves buried by an astounding ten feet of dirt. One of the other workers was injured and survived, while the fourth escaped without harm. A rescue effort went on for hours before officials ultimately determined that both men were dead. An investigation is underway to determine how such a routine procedure — even one involving a considerably deep ditch — could have been so dangerous. OSHA, the Morris County Prosecutor’s Office, and local police are waging an investigation. Work-Related Deaths in New Jersey Are Often Preventable While the results of the investigation are still pending, an OSHA representative said that cave-in deaths like these are “completely preventable.” That might be the most difficult part of this case. The landscapers’...
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