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Your Guide to Workers Compensation Lawyer in Cherry Hill, NJ

Thu, 02 Apr 2026 10:09:47 GMT

When you’ve suffered a workplace injury, the path to recovery often involves far more than just medical treatment; it also requires a clear understanding of the legal processes that protect your rights. A workers compensation lawyer can serve as your strongest ally, guiding you through the often complex and confusing procedures involved in filing a claim, addressing disputes with insurance companies, and ensuring you receive the full benefits you are legally entitled to.

Navigating workers’ compensation law without professional guidance can be challenging, as the process involves strict deadlines, detailed documentation, and an understanding of state-specific regulations. For employees in Cherry Hill, NJ, having an experienced attorney on your side can make a significant difference in both the speed and outcome of your claim. With the right legal support, you can avoid costly mistakes, reduce stress, and gain peace of mind knowing that your rights are fully protected while focusing on your recovery.

When You Absolutely Need a Workers Compensation Lawyer in Cherry Hill, NJ

Determining whether to hire a workers compensation lawyer can feel overwhelming, especially if this is your first time navigating the workers’ compensation system. While some workplace injuries are minor and can be resolved without legal assistance, many cases involve complex issues that can affect your long-term financial and physical well-being. Without professional guidance, you risk missing critical deadlines, underestimating your benefits, or making errors in paperwork that could delay or reduce your compensation.

An experienced attorney can evaluate your situation, explain your rights under New Jersey law, and develop a strategy to protect your interests. They not only handle the legal and administrative aspects of your claim but also provide peace of mind, allowing you to focus on recovery while knowing your case is in capable hands. If you’re unsure whether you need legal help, consider these common situations where consulting a lawyer is highly recommended:

Your claim has been denied or delayed : Insurance companies may reject or postpone benefits due to technicalities, incomplete paperwork, or disputes over how the injury occurred. A lawyer can help identify errors, file appeals, and advocate for timely resolution.
You have a serious or long-term injury : Complex injuries often involve ongoing medical treatment, rehabilitation, or permanent disability. Legal guidance ensures that all current and future expenses, including lost wages and long-term care, are properly accounted for.
You face employer retaliation : It is illegal for employers to penalize employees for filing claims, but unfair treatment, demotion, or termination can occur. An attorney can protect your rights and hold your employer accountable.
A third party may be liable : Sometimes injuries are caused by contractors, equipment manufacturers, or other outside parties. A workers compensation lawyer can help you explore additional claims to secure full compensation.
You want to maximize your benefits : Attorneys can accurately assess medical costs, lost income, and potential future expenses, ensuring you don’t settle for less than you deserve.

Working with a legal professional not only helps safeguard your financial security but also reduces stress, allows you to focus on recovery, and increases the likelihood of a favorable outcome. Early consultation can provide clarity about your rights and the best strategy for your unique situation, making the entire claims process smoother and more effective.

Should Injured Employees Hire a Workers' Compensation Lawyer?

After a workplace injury, many employees wonder whether hiring a workers compensation lawyer is necessary. While not every case requires legal representation, consulting an attorney can provide clarity and protect your rights. Consider seeking legal guidance if any of the following situations apply:

Complex or severe injuries : Long-term or serious injuries often require careful documentation and evaluation to ensure all medical costs, lost wages, and future care needs are fully accounted for.
Claim denial or delays : If your workers’ compensation claim has been rejected, postponed, or disputed by the insurance company, an attorney can help navigate appeals and advocate for your benefits.
Employer disputes or retaliation : Some employees face unfair treatment, demotion, or other retaliatory actions after filing a claim. Legal support can help protect your job and rights.
Third-party liability : If your injury involves another party, such as a contractor or equipment manufacturer, an attorney can help pursue additional compensation beyond your employer’s insurance.
Maximizing benefits : Attorneys ensure all aspects of your claim are fully evaluated, helping you avoid settlements that undervalue your compensation.

When Legal Help Is Recommended: How a Workers Compensation Lawyer Can Assist

Workplace injuries can vary widely in severity and complexity, and not every situation requires legal representation. However, there are key scenarios where hiring a workers compensation lawyer is highly recommended. Consider these situations:

Complicated or disputed claims : If your employer or insurance company contests the circumstances of your injury, an attorney can investigate, gather evidence, and ensure your claim is properly documented.
Serious or long-term injuries : For injuries requiring ongoing medical care, rehabilitation, or resulting in permanent disability, a lawyer evaluates the full financial impact, including medical expenses, lost wages, and future care needs.
Denied or delayed benefits : Attorneys know how to identify errors in paperwork, submit appeals, and communicate effectively with insurance adjusters to secure timely compensation.
Third-party liability involvement : When another party contributed to the injury, legal guidance ensures you pursue all available avenues for compensation beyond standard workers’ compensation benefits.
Maximizing settlement potential : A lawyer carefully assesses your claim to prevent underpayment, negotiating for fair compensation that reflects the true cost of your injury.

Get a Work Injury Compensation Law Firm Now!

If you’ve been injured at work, don’t navigate the claims process alone. Contact us today to speak with an experienced workers compensation lawyer from a trusted work injury compensation law firm who can guide you through every step, protect your rights, and help secure the benefits you deserve.

What a Professional Wrongful Death Attorney Can Do for You

Thu, 02 Apr 2026 09:53:30 GMT

Losing a loved one unexpectedly is devastating, and navigating the legal aftermath can feel overwhelming. If you find yourself in this difficult situation, a wrongful death attorney in Cherry Hill, NJ, such as the experienced team at Borbi, Clancy & Patrizi, LLC, can provide crucial guidance and support. This article explores what you can expect when working with a professional wrongful death lawyer, from evaluating your case and gathering evidence to negotiating with insurance companies and pursuing the compensation you deserve.

Understanding Wrongful Death and the Legal Process

A wrongful death claim arises when a person dies due to someone else’s negligence or intentional harm. Filing such a claim requires a clear understanding of relevant laws and the capacity to handle complex legal procedures. A wrongful death attorney in Cherry Hill, NJ , specializes in these sensitive cases and can help families achieve justice while navigating the legal system.

Case Evaluation: Assessing the Merits of Your Claim

The first step a wrongful death attorney takes is a thorough case evaluation. This process involves gathering initial information provided by you and reviewing the circumstances surrounding the death. Your attorney will assess whether the claim has sufficient legal grounds and outline potential strategies.

During this stage, it is important to be open and honest about all details, as your lawyer will use this to determine liability and damages. The attorney’s goal is to advise you on whether moving forward with legal action is advisable and what type of compensation you might pursue.

Evidence Gathering: Building a Strong Foundation

After deciding to proceed, the wrongful death lawyer will begin collecting evidence to build a solid case. This can include medical records, police reports, witness statements, expert testimonies, and any other documentation relevant to the death.

The attorney’s legal expertise allows them to identify critical evidence and preserve it, which is vital because pieces of evidence can be time-sensitive or subject to alteration. This thorough approach helps establish the facts, proving negligence or intentional wrongdoing by the responsible party.

Negotiation With Insurance Companies and Responsible Parties

In many wrongful death cases, negotiations with insurance companies are essential to achieving fair compensation. Insurance adjusters often attempt to minimize payouts, so having a knowledgeable wrongful death attorney advocate for you is crucial.

Your attorney will handle all communications, protect your rights, and negotiate assertively on your behalf. This reduces the stress of complicated legal interactions and helps maximize the settlement amount. If negotiations fail, your attorney is prepared to file a lawsuit and represent your interests through trial.

Understanding Potential Compensation Types

Wrongful death claims can include various types of damages, depending on state law and case-specific factors. A wrongful death attorney will explain the types of compensation available, which commonly include:

Economic Damages: These cover tangible losses such as medical bills, funeral expenses, loss of income, and the financial support the deceased would have provided.
Non-Economic Damages: This category addresses intangible losses like pain and suffering, loss of companionship, and emotional distress experienced by surviving family members.
Punitive Damages: In cases of gross negligence or intentional harm, courts may award additional damages to punish the wrongdoer.

The attorney’s role includes calculating appropriate damages, gathering supporting documentation, and advocating for full and fair compensation.

How Communication and Support Make a Difference

One of the advantages of working with a professional wrongful death lawyer is consistent communication and personalized support throughout the case. Your lawyer will explain each step clearly, respond to your questions, and keep you informed about deadlines and developments.

Compassionate legal guidance helps clients feel empowered and less isolated during a challenging time. A dedicated attorney understands the emotional burdens and handles the legal complexities, allowing you to focus on healing.

Why Choose a Wrongful Death Attorney in Cherry Hill, NJ?

Local knowledge and experience matter significantly in wrongful death claims. An attorney practicing in Cherry Hill, NJ, is familiar with state-specific laws, court procedures, and local insurers. This expertise can improve your case’s efficiency and outcomes. Working with a reputable local firm like Borbi, Clancy & Patrizi, LLC, ensures that your wrongful death attorney provides strategic advocacy tailored to your unique circumstances and the nuances of the Cherry Hill legal environment.

Taking the Next Step: Protect Your Rights Today

If you have lost a loved one due to someone else’s negligence and are considering legal action, consulting with a wrongful death lawyer is essential. Early legal help can safeguard evidence, meet critical deadlines, and preserve your right to compensation. The first step is to schedule a case evaluation with an experienced lawyer who will listen carefully and explain your options. Remember, wrongful death claims are time-sensitive, and acting promptly maximizes your chances of obtaining justice. Contact Borbi, Clancy & Patrizi, LLC today to speak with a wrongful death attorney in Cherry Hill, NJ. Their team is ready to provide the compassionate, expert legal support you need during this difficult time.

How an Experienced Personal Injury Attorney Helps Victims

Thu, 02 Apr 2026 09:03:43 GMT

If you’ve recently been injured due to someone else’s negligence, finding a trustworthy personal injury attorney in Cherry Hill, NJ , can be a vital first step toward securing your rights and compensation. At Borbi, Clancy & Patrizi, LLC, residents of Cherry Hill know that expert legal guidance through the complexities of personal injury claims can make all the difference. This article will walk you through how an experienced personal injury lawyer supports victims, from the initial case evaluation to negotiating fair settlements, helping you understand the process and what benefits legal representation can bring.

Understanding Your Case: The Initial Evaluation

One of the first ways a personal injury attorney helps victims is by conducting a thorough case evaluation. This initial consultation is a critical opportunity for you to discuss the details of your injury, accident circumstances, and the impact on your life. During this phase, the attorney assesses whether you have a viable claim under personal injury law and explains your legal options, potential outcomes, and timelines.

By receiving a professional evaluation, you can avoid costly mistakes such as missing deadlines (statute of limitations) or settling too soon without knowing the true value of your claim. If your case is accepted, your attorney will begin gathering evidence while keeping you informed every step of the way.

Gathering Evidence to Build a Strong Case

Gathering evidence is another key area where an experienced personal injury attorney supports victims. Whether injuries stem from a car accident, slip-and-fall, medical malpractice, or other personal injury circumstances, collecting relevant documentation is essential for proving liability and damages. Your attorney will coordinate the collection of vital evidence, such as:

Police and accident reports.
Medical records and expert evaluations.
Witness statements and depositions.
Photographs or videos of the accident scene and injuries.
Any communications with insurance companies or opposing parties.

This meticulous evidence gathering ensures your claim is well-supported, putting you in a stronger position to negotiate or litigate.

Dealing With Insurance Companies

One of the most challenging aspects of a personal injury claim is dealing with insurance companies. Adjusters often seek to minimize payouts, using tactics that can confuse or pressure injury victims into accepting inadequate settlements. An experienced personal injury attorney knows how to handle communications with insurers effectively. They will:

Handle all correspondence to relieve you of direct stress.
Identify unfair practices or lowball offers.
Advocate firmly for the full and fair compensation you deserve, covering medical bills, lost wages, pain and suffering, and more.
Advise on whether settlement offers meet your needs or whether your case should proceed to court.

This professional negotiation helps level the playing field so you don’t have to go it alone.

Negotiating Settlements for Just Compensation

Most personal injury claims are ultimately resolved through negotiated settlements rather than trials. An experienced personal injury law firm works diligently to secure a settlement that accurately reflects the extent of your injuries and financial losses.

Attorneys assess all damages, including current and future medical expenses, rehabilitation costs, lost income, and non-economic damages like emotional distress, to calculate a fair settlement value. Then, leveraging their legal expertise and negotiation skills, they engage with insurance companies or opposing counsel to reach an agreement that satisfies your needs. Through this process, victims avoid the time, expense, and uncertainty of going to trial while still obtaining deserved compensation.

Why Experience Matters in Personal Injury Cases

Choosing an experienced personal injury attorney in Cherry Hill, NJ, offers advantages beyond just knowledge of the law. Experienced lawyers understand the local court systems, the personal injury legal landscape in New Jersey, and the common tactics insurers use.

They are better equipped to anticipate challenges, gather crucial evidence efficiently, and communicate with you clearly about expectations and progress. From initial consultation to final settlement or verdict, their support improves your chances of a favorable outcome and a smoother recovery.

What to Expect When Working With a Personal Injury Attorney

When hiring a personal injury attorney, you can expect a structured process:

Free Case Evaluation: Discuss your injury and legal options with no obligation.
Investigation & Evidence Gathering: Your attorney collects important facts and documentation to support your claim.
Filing the Claim: The attorney prepares and submits the necessary paperwork within deadlines.
Negotiation with Insurers: Your lawyer advocates on your behalf for fair compensation.
Settlement or Trial: Most cases settle, but if necessary, your attorney will prepare for court action.
Ongoing Communication: Throughout, your attorney keeps you updated and responsive to your questions.

This clear process builds confidence and control during an otherwise stressful time.

Work With a Qualified Personal Injury Law Firm

If you or a loved one has been injured in Cherry Hill, NJ, partnering with a skilled personal injury attorney can significantly impact your recovery and compensation. By providing a comprehensive case evaluation, thorough evidence gathering, expert handling of insurance companies, and strategic negotiation, legal professionals offer invaluable support. Don’t wait to protect your rights. Contact Borbi, Clancy & Patrizi, LLC today to schedule your free consultation and learn how a trusted personal injury lawyer can assist you in navigating your claim with confidence.

How Camden Drivers Benefit From an Auto Accident Attorney

Fri, 23 Jan 2026 09:08:22 GMT

If you have been injured in a car accident in Camden, New Jersey, the path to recovery can feel overwhelming. Between complex medical treatments, insurance negotiations, and the intricacies of New Jersey law, managing a claim on your own adds significant stress. This is where professional legal support becomes invaluable. Working with an auto accident attorney in Camden, NJ , provides crucial guidance through the local legal landscape, ensuring your rights are protected, and you can focus on healing. The specific challenges of South Jersey roads, from high-risk intersections to complicated insurance rules, make this local knowledge particularly important for drivers seeking fair compensation and peace of mind.

Navigating Camden's Most Dangerous Roadways

Camden County is home to some of South Jersey's busiest and most challenging roads. Route 130 has been identified as one of the most dangerous roads for pedestrians in the state, with heavy commercial traffic, high speeds, and inadequate crossings creating significant risk for local and through traffic. Similarly, intersections like County Road 705 and Dunlin Way in Gloucester Township, Camden County, have been sites of fatal crashes, highlighting the serious dangers present in our community.

These hazardous conditions are compounded by local traffic patterns. Complex designs like the redesigned intersection of Route 73 and Route 70 in Evesham Township (formerly the Marlton Circle) can confuse drivers, leading to rear-end collisions and sideswipe accidents despite safety modifications. An auto accident attorney in Camden, NJ, is familiar with these specific trouble spots. This local insight is vital for building a strong case, as understanding common accident causes at intersections can help establish liability and the full impact the crash has had on your life.

Untangling New Jersey's Unique Insurance and Legal System

New Jersey's auto insurance laws present a complex web that can easily trap the uninformed. The state operates under a "no-fault" system, meaning your own insurance typically covers initial medical bills regardless of who caused the accident. However, this is just the beginning. A critical choice every New Jersey driver makes is their "lawsuit threshold." Many drivers select the cheaper "Verbal Threshold" or "Limitation on Lawsuit" option to save on premiums. This choice can severely restrict your right to sue for pain and suffering unless your injuries meet specific, severe criteria like dismemberment, significant disfigurement, or permanent injury.

Furthermore, dealing with insurance companies is rarely straightforward. Insurers often prioritize minimizing payouts and may pressure victims into quick, low-ball settlements before the full extent of injuries is known. An experienced auto accident attorney in Camden, NJ, protects you from these tactics. They handle all communication, ensuring you don't make statements that could harm your claim, and they fight to maximize your compensation by fully accounting for future medical needs, lost wages, and the true value of your pain and suffering.

The Tangible Advantages of a Local Auto Accident Attorney in Camden, NJ

The benefit of hiring an auto accident attorney in Camden, NJ, extends far beyond filling out paperwork. It provides a structured, knowledgeable approach to securing your future. From the moment you are retained, your attorney initiates a comprehensive process, beginning with sending formal letters of representation to all involved parties and insurance companies. They then manage the meticulous work of gathering evidence—from police reports and medical records to witness statements and accident scene photos—which is foundational to a successful claim.

A primary advantage is the attorney's role in negotiation. An auto accident attorney in Camden, NJ calculates the full value of your claim, including both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering), to present a compelling demand package. If the insurance company refuses a fair settlement, a reputable attorney is prepared to take your case to court. This trial readiness is crucial, as it signals to insurers that you are serious about pursuing just compensation. Ultimately, by offloading the legal burden to a professional, you gain the space to focus on your physical and emotional recovery, which is the most important task after an accident.

Taking the Next Step Toward Recovery With an Auto Accident Attorney in Camden, NJ

The aftermath of a car accident is a difficult time, and you should not have to navigate the legal complexities alone. At Borbi, Clancy & Patrizi, LLC, our team is deeply familiar with the streets of Camden and the laws of New Jersey. Our auto accident attorney in Camden, NJ, is committed to guiding our neighbors through every step of the claim process, from initial investigation to final settlement or trial.

If you or a loved one has been injured in a crash, time is of the essence. New Jersey has a statute of limitations that generally gives you two years from the date of the accident to file a personal injury lawsuit, but certain claims against public entities require notice within just 90 days. Don't let crucial deadlines pass or evidence disappear. Contact us today for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve and the recovery you need.

Work Injury Compensation Law Firm in Cherry Hill, NJ Guide

Fri, 23 Jan 2026 08:51:32 GMT

If you were hurt at work, you may feel overwhelmed. At Borbi, Clancy & Patrizi, LLC in Cherry Hill, NJ, we help injured workers protect their rights. Call us today at (856) 424-5400 for guidance on your claim.

Why Injured Workers Need Legal Support

A job injury can change your life in seconds. Medical bills, lost wages, and stress can pile up quickly. Many workers are unsure when to seek help. The answer is simple: contact a work injury compensation law firm in Cherry Hill, NJ , as soon as possible. Acting early helps protect your benefits and ensures your claim is handled correctly.

How a Law Firm Protects Your Benefits

The claims process is complex. Insurance companies may delay or deny benefits. A skilled attorney can guide you through each step. At Borbi, Clancy & Patrizi, LLC, our team focuses on protecting workers in Cherry Hill. We make sure you receive the medical care and wage replacement you deserve. Key ways a work injury compensation law firm in Cherry Hill, NJ, supports clients:

Filing claims: Ensuring paperwork is accurate and on time.
Negotiating: Dealing with insurance companies on your behalf.
Representing: Standing up for you in hearings or appeals.
Advising: Explaining your rights in plain language.

When to Contact a Lawyer After a Job Injury

Timing matters. Workers should reach out to a law firm if:

Their injury keeps them from working.
Medical bills are rising.
Benefits are delayed or denied.
They feel pressured to return to work too soon.

By contacting a work injury compensation law firm in Cherry Hill, NJ, early, you avoid mistakes that can harm your claim.

The Role of a Law Firm in the Claims Process

The claims process can feel confusing. A law firm helps by:

Explaining each step clearly.
Gathering medical records and evidence.
Communicating with your employer and insurer.
Preparing you for hearings if needed.

Borbi, Clancy & Patrizi, LLC has years of experience guiding Cherry Hill workers through these challenges. Our goal is to reduce stress and secure fair results.

Common Challenges Injured Workers Face

Workers often face obstacles after an injury. These include:

Employers disputing the injury.
Insurance companies questioning medical treatment.
Confusion about deadlines and paperwork.
Fear of losing wages or job security.

A work injury compensation law firm in Cherry Hill, NJ, helps overcome these challenges by standing firmly on your side.

Why Choose Borbi, Clancy & Patrizi, LLC?

Our firm is dedicated to helping local workers. We understand the laws in New Jersey and how they apply to your case. Choosing Borbi, Clancy & Patrizi, LLC means choosing a team that cares about your recovery. We provide:

Personal attention: Every client is treated with respect.
Local knowledge: We know Cherry Hill and the courts.
Proven results: We fight for fair compensation.

Learn more about our services here: workers compensation attorney in Cherry Hill .

Understanding Long-Term Impacts of Work Injuries

Some injuries heal quickly, but others last for years. Chronic pain, reduced mobility, and ongoing medical care can affect your future. A work injury compensation law firm in Cherry Hill, NJ, helps secure benefits that cover long-term needs. This includes ongoing treatment, therapy, and financial support for lasting conditions.

Protecting Your Family During Recovery

A serious injury impacts more than just the worker. Families often struggle with lost income and added stress. By working with a trusted law firm, you protect not only yourself but also your loved ones. Borbi, Clancy & Patrizi, LLC ensures that benefits extend to cover household needs. A work injury compensation law firm in Cherry Hill, NJ, fights for stability so your family can focus on healing.

Guidance for Workplace Safety Awareness

Preventing injuries is just as important as handling claims. A work injury compensation law firm in Cherry Hill, NJ, often educates workers about safety practices. Knowing your rights and responsibilities helps reduce risks. Our team encourages employees to report hazards and seek medical care immediately after an accident.

How Legal Support Builds Confidence

Facing an injury alone can feel overwhelming. With a law firm by your side, you gain confidence in the process. A work injury compensation law firm in Cherry Hill, NJ, reassures clients by explaining each step and standing firm against unfair treatment. This support allows workers to focus on recovery instead of worrying about paperwork and disputes.

How a Law Firm Supports Appeals

Not every claim is approved the first time. Many workers face denials even when their injuries are clear. This is where legal support becomes critical. A work injury compensation law firm in Cherry Hill, NJ, helps you file an appeal, gather stronger evidence, and present your case effectively. With experienced attorneys guiding the process, you increase your chances of securing the benefits you deserve.

Take Action Today for Your Recovery

Do not wait to protect your future. If you suffered a job injury, call Borbi, Clancy & Patrizi, LLC at (856) 424-5400 . Our team is ready to help you secure the benefits you need. For more details, visit our contact page .

Essential Steps & When to Call a Workplace Accident Attorney

Fri, 07 Nov 2025 14:04:11 GMT

If you ever find yourself injured at work, knowing what to do next is crucial. Borbi, Clancy & Patrizi, LLC, who specialize as workplace accident attorneys in Cherry Hill, NJ , created this article to guide you through the vital steps. Protecting your health and your legal rights should be your top priorities.

Step 1: Report the Incident Quickly

Notify your supervisor about the accident as soon as it happens. Most companies require workers to report injuries right away. Failing to do so could affect your work injury claim later. When you report the incident, write down exactly what happened and describe your injuries, as these details may help a workplace accident attorney if you need legal support in the future. It is helpful to:

Write the date and time of the accident.
List any witnesses present.
Explain where the accident took place.

Quick reporting helps prevent questions about how and when your injury occurred. If possible, get a copy of the report for your records; these details can be important for a workplace accident attorney if you need legal advice.

Step 2: Seek Medical Attention

After you report the incident, see a doctor immediately, even for minor injuries. Some injuries can get worse over time. Getting medical care documents your injury and helps prove your case if you need compensation later. Medical records are important, and having them ready makes it easier for a workplace accident attorney to build a strong claim for you. You should:

Tell the doctor your injury happened at work.
Follow all of your doctor’s instructions.
Keep records of every visit, medication, and treatment.

Medical records will show the seriousness of your injury. They are key evidence if you consult a workplace accident attorney.

Step 3: Document Everything

Save every document related to the accident. Good records will help both you and your workers' compensation attorney in Cherry Hill, NJ, support your claim. Begin with your accident report and medical records, but save other related paperwork too. Consider saving:

Emails with your employer about the accident.
Photographs of your injury and where it happened.
Any bills or receipts for medical care and prescriptions.

Organize your paperwork in a folder so you can quickly access it if needed.

Step 4: Know Your Rights Under Workers’ Compensation

Workers in Cherry Hill are usually covered under state workers’ compensation laws. This means you can get benefits for injuries you suffer at work, such as payment for medical bills, lost wages, and disability. If you have questions or run into problems getting these benefits, a workplace accident attorney can help you understand your rights and options. It’s important to know:

Your employer cannot retaliate against you for seeking compensation.
You have a right to file a claim and appeal decisions.
If denied benefits, you can pursue legal help.

It is wise to contact a work injury compensation law firm in Cherry Hill, NJ, if you have questions about your rights.

Step 5: Communicate Clearly With Your Employer

Keep your employer updated on your health. Let them know what your doctor says about your ability to work. Follow company policies regarding time off and returning to work. When you talk to your employer:

Be honest about your injuries and limitations.
Request any workplace accommodations you need.
Stay informed about your company’s workers’ compensation process.

Clear communication helps avoid misunderstandings and shows you are following procedure.

When to Call an Attorney

You may wonder if you need legal help after a workplace accident. Sometimes, simple claims go smoothly, but other times, you need a workplace accident attorney for fair treatment. If any of these situations happen, reach out for help:

Your claim is denied or delayed.
Your employer asks you to return to work before you are ready.
Your injury is severe or causes permanent disability.
You feel pressured not to report the accident.
You notice errors in your medical report or wages.

Having an attorney on your side ensures you are treated fairly. They help you navigate paperwork, legal deadlines, and appeals.

Common Mistakes to Avoid

Many workers make mistakes that can affect their case. Take care to avoid these common problems:

Waiting too long to report the accident.
Not seeking medical care right away.
Missing details in your written report.
Posting about your injury on social media.
Accepting an unfair settlement.

By steering clear of these missteps, you protect your health and your legal rights.

How an Attorney Can Help

A workplace accident attorney knows compensation laws and can fight for you. They review your case, gather evidence, and communicate with insurance companies. This support is especially vital for complex or severe injuries.

Attorneys also:

Work with doctors to prove your case.
Negotiate with your employer and their insurer.
File appeals for denied claims.
Represent you in hearings, if needed.

Consulting an expert means you do not have to navigate legal hurdles alone.

Questions About Workers’ Compensation?

If you have questions, do not hesitate to consult a workers' compensation attorney in Cherry Hill, NJ. They can provide answers and review your case. Whether your injury seems minor or major, the law can be confusing. An experienced lawyer can help you:

Understand your rights.
Meet all legal deadlines.
Get fair treatment.

Ready for Support? Contact us Today!

If you or a loved one are facing a work injury, do not wait. Contact Borbi, Clancy & Patrizi, LLC , for expert guidance in Cherry Hill, NJ. Speak with a workplace accident attorney who can give you personal help, clear answers, and a dedicated team committed to your recovery. Your future matters—reach out today for a confidential consultation.

Personal Injury Law Firm in Cherry Hill, NJ

Thu, 09 Oct 2025 17:12:26 GMT

If you or a loved one has been injured in an accident, every moment counts. At Borbi, Clancy & Patrizi, LLC, a trusted personal injury law firm in Cherry Hill, NJ, we understand the stress and uncertainty that follow an injury. Acting quickly can make the difference between securing fair compensation and losing your right to file a claim. Call us today at (856) 424-5400 to discuss your case and take the first step toward protecting your future.

Why Time Is Critical After an Injury

When an accident happens, it is natural to focus on recovery first. But waiting too long to take legal action can harm your case. Evidence can disappear, witnesses may forget details, and deadlines can pass before you realize it. In New Jersey, the statute of limitations for most personal injury cases is two years from the date of the injury. This means you must file your lawsuit within that time or risk losing your right to compensation. By working with a personal injury law firm in Cherry Hill, NJ , right away, you give your attorney the time to gather evidence, build a strong case, and protect your rights.

Understanding New Jersey’s Statute of Limitations

The law in New Jersey sets strict deadlines for filing personal injury claims. In most cases, you have two years from the date of the injury to file a lawsuit. If you miss this deadline, the court will likely dismiss your case, no matter how strong your claim may be. There are some exceptions:

Wrongful death claims must be filed within two years of the date of death.
Medical malpractice cases may follow the “discovery rule,” which starts the clock when the injury is discovered.
Claims against government entities require a notice of claim within 90 days of the incident.

Because these rules can be complex, contacting a personal injury law firm in Cherry Hill, NJ, as soon as possible is the best way to avoid costly mistakes.

The Benefits of Early Legal Intervention

Taking action quickly after an accident offers several advantages:

Preserving evidence: Photos, medical records, and accident reports are easier to collect soon after the incident.
Witness reliability: Witnesses are more likely to remember details when interviewed promptly.
Medical documentation: Early medical treatment creates a clear record that connects your injuries to the accident.
Negotiation leverage: Insurance companies take claims more seriously when an attorney is involved early.

At Borbi, Clancy & Patrizi, LLC, we guide clients through each step of the process, ensuring no detail is overlooked.

How a Personal Injury Law Firm in Cherry Hill, NJ, Supports Your Case

Hiring an experienced law firm means you are not facing insurance companies or legal deadlines alone. Our team provides:

Case evaluation to determine the strength of your claim.
Guidance on medical treatment and documentation.
Negotiation with insurance companies for fair settlements.
Representation in court if a trial becomes necessary.

By working with Borbi, Clancy & Patrizi, LLC, you gain a partner who understands the local courts, laws, and challenges unique to Cherry Hill, NJ.

Common Types of Personal Injury Cases We Handle

Our firm represents clients in a wide range of personal injury cases, including:

Car accidents.
Slip and fall injuries.
Workplace accidents.
Medical malpractice.
Wrongful death claims.

Each case is unique, but the need for timely action remains the same. Waiting too long can reduce your chances of success. Working with a personal injury law firm in Cherry Hill, NJ, can help ensure your claim is handled properly and your rights are protected.

Why Choosing the Right Firm Matters

Not all law firms are the same. Choosing a personal injury law firm in Cherry Hill, NJ, with a proven track record can make a significant difference in your outcome. At Borbi, Clancy & Patrizi, LLC, we combine decades of experience with a client-focused approach.

We believe in clear communication, personalized strategies, and aggressive representation when needed. Our goal is to secure the compensation you deserve while reducing the stress you face during recovery.

Taking the First Step Toward Justice

If you are unsure whether you have a case, the best step is to speak with an attorney. A consultation can provide clarity about your rights, the strength of your claim, and the timeline you must follow. Working with a personal injury law firm in Cherry Hill, NJ, ensures you get the guidance you need from the very beginning. You can learn more about how we handle personal injury cases by visiting this page: Personal Injury Services .

The Risks of Waiting Too Long

Delaying legal action can have serious consequences:

Your claim may be barred by the statute of limitations.
Evidence may be lost or destroyed.
Insurance companies may use delays against you.
You may face financial strain without compensation.

By contacting Borbi, Clancy & Patrizi, LLC, a respected personal injury law firm in Cherry Hill, NJ, you protect your rights and increase your chances of a successful outcome.

What to Expect When You Call Us

When you reach out to our office, you can expect:

A free consultation to review your case.
Honest advice about your options.
A clear explanation of the legal process.
A dedicated team ready to fight for you.

We know that every case is personal. That is why we treat every client with respect, compassion, and determination. Choosing a personal injury law firm in Cherry Hill, NJ, like Borbi, Clancy & Patrizi, LLC, means you will always have a team committed to your best interests.

Act Now to Protect Your Rights

Time is not on your side after an injury. The sooner you act, the stronger your case can be. At Borbi, Clancy & Patrizi, LLC, a trusted personal injury law firm in Cherry Hill, NJ, we are ready to help you take control of your future. Call us at (856) 424-5400 or reach out through our contact page to schedule your consultation.

Auto Accident Lawyer in Cherry Hill: 6 Mistakes to Avoid

Wed, 04 Jun 2025 07:34:03 GMT

Car accidents can be overwhelming, and navigating the aftermath can feel like a maze. Whether you’re dealing with injuries, insurance claims, or medical bills, the decisions you make immediately following an accident can significantly affect the outcome of your case. Avoiding common mistakes can save you time, money, and stress—especially when you need an experienced auto accident injury lawyer in Cherry Hill, NJ, by your side. Here are six mistakes to avoid after a car accident in Cherry Hill.

1. Failing to Seek Medical Attention Immediately

One of the biggest mistakes you can make after an auto accident is not seeking medical attention right away, even if you feel fine. Injuries from car accidents can sometimes be hidden, only revealing themselves days or weeks later. Failing to see a doctor not only jeopardizes your health but can also impact your ability to win a claim. Always get checked out by a healthcare professional and keep thorough records of your visits.

2. Admitting Fault at the Scene

In the heat of the moment, it’s easy to apologize or take responsibility for what happened. However, admitting fault at the scene can hurt your claim. Even if you think you were partially at fault, it’s essential to avoid making any statements about liability. It’s best to let the police investigate the accident and determine fault. Your auto accident injury lawyer in Cherry Hill, NJ, will be able to handle the legal details for you.

3. Not Gathering Enough Evidence

Gathering evidence at the scene of the accident is critical for a successful claim. Make sure you take pictures of the damage to both vehicles, your surroundings, and any relevant road conditions or traffic signs. If possible, speak with any witnesses and get their contact information. The more information you collect, the stronger your case will be. If you need help gathering evidence, an auto accident injury lawyer in Cherry Hill, NJ, can assist you.

4. Relying on Insurance Companies to Protect Your Interests

Insurance companies are focused on their bottom line, not necessarily your well-being. After an accident, they might offer a quick settlement, but these offers are often much lower than what you truly deserve. Before accepting anything, consult with a skilled attorney to ensure you get fair compensation.

5. Delaying the Claims Process

Filing a claim too late can severely affect your ability to recover compensation. In New Jersey, there are strict time limits for filing personal injury claims. If you wait too long to speak with an auto accident injury lawyer in Cherry Hill, NJ, you may miss your chance for financial recovery. Make sure you file your claim as soon as possible after the accident.

6. Neglecting to Consult a Lawyer

Many accident victims attempt to handle everything themselves to save money. However, this often leads to costly mistakes. An experienced lawyer knows the ins and outs of the legal system and can guide you through each step. With the help of Borbi, Clancy & Patrizi, LLC, you can navigate the complexities of your case and ensure that you receive the compensation you deserve.

Accidents happen, but don’t let mistakes after the fact make things worse. If you’ve been in an accident in Cherry Hill, NJ, the auto accident injury lawyers at Borbi, Clancy & Patrizi, LLC are here to guide you through the legal process.

Please call or e-mail us immediately at phone: (856) 424-5400 . Available 24 Hours a Day, 7 Days a Week, 365 Days a Year.

For more details, visit our auto accident page .

Get Real Help from a Personal Injury Lawyer in Camden, NJ

Thu, 24 Apr 2025 15:10:02 GMT

Accidents can change everything. At Borbi, Clancy & Patrizi, LLC, we help injured people get justice and compensation. As a leading personal injury lawyer in Camden, NJ, we know how stressful it is to deal with pain, bills, and insurance companies. Don’t try to face it alone—call us at (856) 424-5400 and let us help you take back control.

Why You Need a Personal Injury Attorney in Camden, NJ

Injuries caused by someone else's mistake can leave you with medical debt, lost income, and ongoing pain. Many people feel helpless and unsure of what to do next. And while insurance companies may act friendly, they’re not on your side. You need a personal injury attorney who will fight for what’s fair.

How a Personal Injury Lawyer in Camden, NJ Fights for You

Our firm has years of experience helping injured clients win the money they deserve. Whether you were hurt in a car accident, slip and fall, or workplace injury, we build strong cases that get results. As your personal injury lawyer, we take care of the legal work while you focus on healing.

Choose a Personal Injury Attorney in Camden, NJ Who Cares

We’re not just here for the case—we’re here for you. Our team listens, explains everything clearly, and keeps you updated at every step. Best of all, you don’t pay unless we win. That’s how confident we are in our ability to help.

Ready to take action? Contact Borbi, Clancy & Patrizi, LLC for a free consultation with a top personal injury attorney in Camden, NJ. Let’s win this together!

Top 5 Causes of Slip and Fall Accidents in Camden, NJ—And How a Lawyer Can Assist

Fri, 07 Feb 2025 13:53:53 GMT

If you’ve been injured in a slip and fall accident, you may be entitled to compensation for your injuries. A slip and fall lawyer in Camden, NJ , can provide the legal expertise you need to navigate this challenging process. At Borbi, Clancy & Patrizi, LLC , we understand the complexities of personal injury cases and are dedicated to helping victims of slip and fall accidents secure the justice they deserve. Let’s explore the common causes of these accidents and how an experienced lawyer can make a difference.

1. Wet or Slippery Surfaces

One of the most common causes of slip and fall accidents is wet or slippery surfaces. Spills, leaks, or recently mopped floors without proper signage can easily lead to hazardous situations. Property owners and businesses in Camden, NJ, have a responsibility to keep their premises safe, and failing to address these issues can result in serious injuries.

2. Uneven Walkways and Pavement

Cracks, potholes, and uneven surfaces on sidewalks or parking lots are another leading cause of slip and fall accidents. Whether due to poor maintenance or neglect, these hazards can cause significant harm to unsuspecting pedestrians. If you’ve been injured due to poorly maintained walkways, a slip and fall lawyer in Camden, NJ , can help you determine liability and pursue compensation.

3. Inadequate Lighting

Dim or poorly lit areas make it difficult for people to see potential hazards, increasing the likelihood of slip and fall accidents. Stairwells, parking garages, and poorly lit corridors are common areas where accidents occur due to inadequate lighting. Property owners are obligated to provide sufficient lighting to prevent these dangers.

4. Loose Rugs or Carpeting

Loose rugs, unsecured carpeting, or mats with curled edges can easily cause someone to trip and fall. These seemingly minor hazards often appear in stores, offices, or homes, and property owners are required to ensure that flooring is safe for visitors.

5. Weather-Related Hazards

While property owners cannot control the weather, they are responsible for addressing weather-related hazards such as snow, ice, or rain accumulation on their premises. Failing to clear ice from sidewalks or provide mats during rainy conditions can lead to slip and fall injuries.

How a Slip and Fall Lawyer Can Help

An experienced slip and fall lawyer in Camden, NJ , can guide you through the legal process, from investigating the cause of the accident to negotiating with insurance companies or representing you in court. At Borbi, Clancy & Patrizi, LLC , we focus on holding negligent property owners accountable and helping victims secure compensation for medical bills, lost wages, and pain and suffering.

Call Borbi, Clancy & Patrizi, LLC Today

If you’ve been injured in a slip and fall accident in Camden, NJ, don’t wait to seek legal help. At Borbi, Clancy & Patrizi, LLC , we have the expertise and dedication to fight for your rights and secure the compensation you deserve. Call us today at (856) 424-5400 or contact us online to schedule a consultation. Don’t let a slip and fall accident derail your life—get the justice you deserve in Camden, NJ.

Common Mistakes to Avoid When Filing an Auto Accident Claim

Fri, 07 Feb 2025 13:45:17 GMT

When you've been involved in an auto accident, navigating the claims process can be overwhelming. Many accident victims unknowingly hurt their chances of receiving fair compensation by making common mistakes. If you've been in a car crash, understanding the proper steps to take can make a significant difference. That's where an auto accident attorney in Cherry Hill, NJ can help you avoid these pitfalls and protect your rights.

1. Failing to Seek Medical Attention

One of the most critical mistakes people make after an accident is failing to get a medical checkup. Even if you feel fine, injuries such as whiplash or internal injuries may not show immediate symptoms. If you don't get checked, insurance companies may argue that your injuries aren't related to the accident, reducing your chances of securing fair compensation. Always see a doctor promptly after an accident and keep a detailed record of your medical visits.

2. Delaying the Claims Process

Another mistake to avoid is delaying the filing of your auto accident claim . Insurance companies often have time limits, and missing those deadlines could jeopardize your chances of compensation. Consulting an auto accident attorney in Cherry Hill, NJ immediately after an accident can help you start the process early, ensuring all necessary documents and reports are filed on time.

3. Not Gathering Enough Evidence

Collecting the right evidence at the scene is crucial. Failing to gather important details such as witness statements, photographs of the accident scene, and contact information from the other driver can weaken your case. It's essential to take as many pictures as possible and document any damages or injuries. A skilled auto accident attorney in Cherry Hill, NJ can also guide you on how to gather and preserve evidence effectively.

4. Admitting Fault at the Scene

After an accident, emotions can run high, and you might feel the urge to apologize or admit fault. However, this is a mistake that could negatively affect your claim. Never admit fault at the scene. In many cases, fault may not be immediately clear, and any admission can be used against you later. Leave the determination of fault to the authorities and insurance adjusters.

5. Accepting the First Settlement Offer

Insurance companies may offer you a settlement quickly, but this first offer is often far less than what you deserve. Accepting it without consulting an auto accident attorney in Cherry Hill, NJ could leave you with insufficient compensation for your medical bills, lost wages, or pain and suffering. An experienced attorney can negotiate on your behalf to secure a more favorable settlement.

6. Settling Too Early

In some cases, you may feel pressured to settle quickly, especially if you're dealing with medical bills or other financial stresses. However, settling early may prevent you from receiving compensation for all your damages. It's important to wait until you fully understand the extent of your injuries and damages before settling. An auto accident attorney in Cherry Hill, NJ can help you determine the right time to settle.

Contact an Auto Accident Attorney in Cherry Hill, NJ Today

If you've been in an accident, avoiding these common mistakes is crucial to ensuring that you receive fair compensation. An experienced auto accident attorney in Cherry Hill, NJ can help guide you through the complex legal process and protect your rights. Contact us today for expert legal guidance and let us help you navigate the claims process with confidence.

The Vital First Step: Understanding Personal Injury Consultations

Tue, 20 Feb 2024 20:42:54 GMT

Navigating the aftermath of a car accident can be one of the most bewildering experiences a person might face. The complexities can pile up quickly, from the medical considerations to the logistical aftermath. A significant turning point during this ordeal is often the search for legal representation. But choosing a personal injury lawyer is not a decision to be taken lightly; it starts with a consultation that could pave the way for your entire case. Let's delve into why this pivotal first meeting is so important and how you can make the most of it.

Why Are Consultations Crucial?

The consultation serves as an initial assessment not just of your case but also of the fit between you and the attorney. This is your opportunity to understand the legal process ahead and for the lawyer to evaluate the details of your situation. The gathering of information here can make or break your quest for justice and compensation.

Understanding the Nuts and Bolts

During the consultation, a personal injury lawyer will lay out the groundwork of what to expect in the coming legal journey. This includes a rough timeline, potential hurdles, and a broad strategy. It provides a sense of structure and can help prepare you for the steps you'll be taking – an invaluable piece of the puzzle in maintaining a sense of control over what can feel like an uncontrollable situation.

Assessing Viability

The attorney will also use this time to review the specifics of your case. Factors such as liability, extent of injuries, and potential compensation will all be looked at with a specialized legal eye. This evaluation is vital in determining whether moving forward with the case is reasonable and can be a win-win: it saves you from investing in a hopeless case and gives the attorney an opportunity to take on cases in which they can work effectively.

Maximizing Your Consultation

Preparation is the key to ensuring a consultation works in your favor. Here's how to prepare and what to expect.

Be Prepared

The more information you can provide, the better. Gather all documents related to the accident and your injuries. This could include police reports, medical bills, and correspondence from insurance companies. A concise, detailed narrative of what occurred immediately before, during, and after the incident can set the groundwork for a fruitful consultation.

Ask the Right Questions

This time is as much for you to assess the lawyer's fit for your needs as it is for them to assess your case. Don't be afraid to ask questions about their experience, fee structure, and the possible outcomes of the case. Some potential queries could be: How many cases like this have you handled? How many of those were successful? What approach do you plan to take with this case? Understanding their methodology and case history can give you a strong sense of their capabilities.

Pay Attention to Dynamics

How comfortable do you feel discussing your accident with this person? Trust your instincts and evaluate the personal relationship you're beginning to establish. A personal injury case can drag on for an extended period, so compatibility and ease of communication with your attorney are paramount. This is someone who will be representing your interests, so ensuring you're on the same page is crucial.

The Next Steps

After the consultation, you'll have to decide if you want to move forward with the lawyer. If the fit seems right and you're comfortable with the fee structure, sign the retainer agreement. This seals the deal, and your attorney can officially begin working on your case. Remember, the consultation is just the beginning of a collaborative effort that can lead to resolution and, hopefully, a sense of closure.

Ultimately, the choice to pursue legal action after a personal injury is deeply personal and should be made with a clear understanding of your options. A consultation arms you with that understanding, and by treating it with the seriousness it deserves, you can set your case on a path toward success, one step at a time. To schedule a consultation, contact our office today.

Understanding Slip And Fall Accidents: When To Hire A Personal Injury Lawyer

Tue, 20 Feb 2024 20:41:34 GMT

Slip and fall accidents can happen in a split second, catching victims off guard and causing a cascade of physical and emotional distress. If you've ever experienced a slip and fall, you know that it's often more than just a momentary inconvenience. It can lead to serious injuries, medical expenses, and a downturn in your quality of life.

Navigating the aftermath of a slip-and-fall accident is complex, especially when determining legal options. Many victims may question whether they need a personal injury lawyer or if they can handle the process themselves. In this post, we'll look at the critical elements of slip and fall accidents and when it's vital to have a legal expert by your side.

The Basics of a Slip and Fall Case

A slip and fall case typically involves an individual slipping or tripping on another person's property due to dangerous conditions, which the property owner knew about or should have known about. Common causes include wet floors, uneven surfaces, poor lighting, or obstacles in walkways.

To pursue a slip and fall injury claim, there are a few key elements to consider. First, the dangerous condition must be proven to have caused the fall. Second, it must be shown that the property owner or their employee was aware of the hazardous situation and did not take appropriate action to remedy it. Finally, the claimant must suffer measurable damages such as medical bills, lost wages, or pain and suffering.

When to Consider a Personal Injury Lawyer

In the wake of a slip and fall accident, consulting with a personal injury lawyer is an important step, especially in the following circumstances:

Severe Injuries: If the injuries are serious, such as broken bones, head trauma, or spinal cord injuries, the stakes are higher. A personal injury lawyer can help ensure you receive fair compensation for the long-term consequences of your injuries.
Disputed Liability: Sometimes, property owners may deny fault or claim that the victim was partly responsible for the accident. In these cases, a lawyer can gather evidence and provide legal arguments to refute these claims.
Complex Cases: Slip and fall cases can be legally complex, especially when multiple parties share fault or when the injury is the result of the government's negligence. An attorney will know how to navigate these intricacies.
High-Stakes Claims: If the claim involves a significant amount of money, you'll want a lawyer to ensure the value of your claim is accurately assessed and negotiated.

The Role of a Personal Injury Lawyer

A personal injury lawyer experienced in slip and fall accidents serves several crucial roles in the legal process:

Investigation: A lawyer will investigate the circumstances of your accident, gathering evidence such as witness statements, surveillance footage, and expert testimony to build a solid case.
Legal Counsel: Your attorney will provide you with legal advice tailored to your specific situation, guiding you through the complexities of the legal process and helping you make informed decisions.
Negotiation: A skilled lawyer will negotiate with the insurance companies or opposing counsel to secure a fair settlement that covers your damages.
Litigation: Should negotiations fail, your lawyer will represent you in court, presenting your case to a judge and jury to seek a favorable outcome.

Slip and fall accidents can have a profound impact on a victim's life. If you find yourself in this situation, it's important to assess the circumstances of your accident and the severity of your injuries to determine whether you need legal representation. A personal injury lawyer can be a valuable ally, working to protect your rights and secure the compensation you deserve. Contact our office for the help you need to navigate the complex web of a slip and fall injury claim – your future well-being and peace of mind could depend on it.

Types of Negligence in a Personal Injury Claim

Tue, 06 Feb 2024 20:11:56 GMT

Accurately filing an injury claim is crucial for victims to recover fully. Most personal injury claims involve negligence, so consulting a lawyer can help determine fault and obtain a fair settlement. Here's a closer look at the types of negligence in personal injury claims.

Gross Negligence

Gross negligence in personal injury claims refers to the severe and reckless disregard for the safety and well-being of others, resulting in significant harm or injury. Gross negligence occurs when an individual or entity demonstrates a blatant failure to exercise reasonable care or caution far beyond what any prudent person would deem acceptable in similar circumstances.

When someone engages in gross negligence, they act with a wanton indifference to the potential harm they may cause to others. The potential harm goes beyond simple negligence, which involves failing to meet the standard duty of care, as gross negligence demonstrates recklessness and conscious indifference to the consequences of their actions.

Victims of gross negligence may suffer from severe physical injuries, emotional trauma, and significant financial burdens due to medical expenses and lost wages. You should gather substantial evidence demonstrating the defendant's willful and reckless conduct to establish a gross negligence claim. This evidence may include eyewitness accounts, expert testimonies, video footage, or documented violations of safety regulations.

Contributory Negligence

Contributory negligence in personal injury claims is a legal concept that allocates responsibility for an accident or injury between the parties involved. Contributory negligence is based on the principle that if the injured party's actions contributed to the incident or worsened the damages suffered, their compensation may be reduced or denied accordingly.

The plaintiff's contributory negligence, if proven, does not automatically bar their claim, but it can affect the final award. Some jurisdictions follow a "pure" contributory negligence rule, where even a slight contribution by the plaintiff towards the injury can prevent recovery. However, other jurisdictions apply a "comparative negligence" approach, which reduces the damages proportionally to the plaintiff's degree of fault.

Comparative Negligence

Comparative negligence is a legal principle applied in personal injury claims to determine the degree of fault of each party involved in an accident or incident resulting in harm or injury.

In a comparative negligence system, the court assesses the actions of the plaintiff (the injured party) and the defendant (the alleged at-fault party) to establish the percentage of fault assigned to each. For instance, the court examines factors like speeding, disregarding traffic signals, or failing to yield the right-of-way in a car accident.

Once the percentage of fault is determined, the compensation awarded to the plaintiff is adjusted accordingly. For instance, if the plaintiff is found to be 20% at fault and the defendant 80% at fault, their compensation will be reduced by 20% to account for their contribution to the accident.

Vicarious Negligence

Vicarious negligence is a concept in personal injury claims where one party is held legally responsible for the negligent actions of another individual. In such cases, the liable party, often an employer or principal, is deemed accountable for the negligent conduct of their employee or agent, even if they were not directly involved in causing the injury.

To establish vicarious negligence, the plaintiff has to demonstrate that the wrongdoer was acting within the scope of their duties or responsibilities at the time of the incident.

This doctrine is founded on the idea that employers or principals, who benefit from their employees' or agents' services or actions, should bear the burden of ensuring their agents act with due care. The injured party must demonstrate that the wrongful act occurred within the context of the agent's role and that the employer or principal had control or the right to control the agent's actions.

Borbi, Clancy & Patrizi, LLC, South Jersey personal injury lawyers, dedicate themselves to safeguarding the rights of injured individuals. Our well-established reputation stems from providing top-notch legal services, and we focus solely on personal injury and workers' compensation cases to ensure effective and professional handling of claims. Contact us to schedule an appointment.

Understanding Medical Malpractice

Fri, 26 Jan 2024 00:12:07 GMT

Medical malpractice cases are more common than we think. What is even more alarming is that very few medical malpractice victims file a lawsuit. This may be because patients are not aware of their rights or are intimidated by the legal process. In this blog post, learn more with this comprehensive guide on medical malpractice, including what it is, how to recognize it, and what to do if you have been a victim.

What is medical malpractice?

Medical malpractice happens when a healthcare professional fails to provide the accepted standard of care, resulting in harm to the patient. This can happen in different forms, including misdiagnosis, surgical errors, medication errors, and birth injuries.

Not all negative outcomes in healthcare are due to malpractice. Therefore, to prove malpractice, the plaintiff must demonstrate that the healthcare provider acted negligently or recklessly, that their action or inaction caused harm, and that the plaintiff suffered damages, such as physical or emotional pain, medical expenses, or lost wages.

How can you recognize medical malpractice?

Recognizing medical malpractice can be challenging, especially if you are not familiar with medical terms or procedures. However, some red flags that may indicate malpractice include:

The doctor or nurse refused to answer your questions or listen to your concerns
Your condition did not improve, or it worsened despite medical treatment
You experienced unexpected complications or side effects
You were misdiagnosed or received the wrong treatment
You were not informed of the risks or alternatives to a procedure or medication

If you notice any of these signs, seek a second opinion from another healthcare provider, preferably in a different facility. Additionally, you may request your medical records to review them for errors or omissions.

What to do if you suspect medical malpractice?

If you suspect medical malpractice, the first step is to communicate your concerns with your healthcare provider. Sometimes, misunderstandings or miscommunications can be resolved by talking openly and respectfully.

However, if you feel that your provider's response is unsatisfactory or that your situation warrants further investigation, you may consider contacting a medical malpractice attorney. A lawyer with experience in medical malpractice cases can review your case and advise you on the best course of action. They may also help you gather evidence, such as expert testimonies or medical records, and represent you in court if necessary.

What are the types of medical malpractice claims?

There are typically four types of medical malpractice claims: negligence, breach of contract, fraud, and failure to obtain informed consent.

Negligence is the most common type of medical malpractice and is when the healthcare professional fails to provide the standard of care, resulting in harm to the patient.
Breach of contract is when the healthcare professional fails to meet the terms of the agreement made with the patient, such as providing the agreed-upon treatment.
Fraud refers to the intentional misleading or misrepresentation of information about the treatment.
Failure to obtain informed consent is when the healthcare professional fails to obtain proper consent for treatment, medication, or procedures.

How can you avoid medical malpractice?

While patients cannot prevent medical malpractice entirely, they can take steps to reduce the risk. Some tips include:

Research and choose your healthcare provider carefully
Ask questions and seek clarification about your condition, treatment, and risks
Keep a record of your symptoms, medication, and medical history
Be honest about your health and lifestyle choices
Follow your provider's instructions and attend follow-up appointments

Additionally, healthcare providers can prevent malpractice by adhering to the standard of care, staying up-to-date with medical knowledge and best practices, documenting procedures thoroughly, and being transparent with patients about risks and benefits.

Medical malpractice is a serious problem that can cause physical, emotional, and financial harm to patients. However, patients can protect themselves by understanding their rights and recognizing the signs of malpractice. In case of suspicion, seeking legal advice can help them pursue justice and compensation. Contact us today if you believe you are a victim of medical malpractice.

Understanding Dog Bite Law: When and How To Hire a Dog Bite Lawyer

Fri, 26 Jan 2024 00:11:46 GMT

As a pet owner, one of your primary responsibilities is to ensure the safety and well-being of your furry friends. However, even the most well-trained dogs can sometimes bite. This is not only dangerous for the victim but can also put the owner in legal trouble. In fact, dog bite cases are more complex than you might think.

If you or someone you know has been injured by a dog bite, it is essential to understand the dog bite law and hire a dog bite lawyer. Read on to learn more about when and how to hire a specialized attorney to assist you in your case.

Understanding Dog Bite Law

Dog bite laws vary by state, but most states impose a "strict liability" rule for dog biting cases. This means that the owner is held liable for any injuries caused by their dog, regardless of whether the dog is considered a "dangerous breed" or has a history of biting. However, this may not be the case if the injured party was trespassing or if the dog was provoked.

Furthermore, dog bites are often subject to personal injury law, meaning that the victim has the right to claim compensation for medical expenses, lost wages, and emotional distress. Knowing these legal aspects can help you determine whether you have a strong case and understand what you may be entitled to.

When to Hire a Dog Bite Lawyer

If you or a loved one has been bitten by a dog, it is essential to hire a dog bite lawyer as soon as possible. This is especially true if the injury is severe or permanent, and medical treatment may be necessary for an extended period. You or your attorney must notify the dog's owner if you plan to file a claim.

An attorney can help you navigate the legal process and negotiate with insurance companies to ensure you receive the compensation you deserve. They are also familiar with state-specific dog bite laws and can help determine the best method for pursuing your case, whether it is through mediation, arbitration, or court.

How to Choose a Dog Bite Lawyer

Choosing the right dog bite lawyer can be difficult, but it's essential to do your research. Look for experienced attorneys in dog bite law, personal injury law, or animal law. Once you have chosen a few candidates, schedule a consultation to discuss your case and ask questions about their legal experience, fees, and previous case outcomes.

A reputable lawyer who is willing to fight for your rights should offer a contingency fee agreement, which means you don't pay a dime unless they win your case. Ensure you feel comfortable with your lawyer and trust them to represent your interests.

The Benefits of Hiring a Dog Bite Lawyer

Hiring a dog bite lawyer can provide numerous benefits. First and foremost, they can ensure your rights are protected and help you receive the compensation you deserve. A lawyer can also negotiate with insurance companies on your behalf, saving you time and effort.

Furthermore, they can help gather evidence and establish negligence on the part of the dog's owner, which is essential for a successful personal injury claim. Finally, hiring a dog bite lawyer can give you peace of mind. You can focus on recovering from your injuries while your lawyer handles all the legal aspects of your case.

In conclusion, understanding dog bite law and hiring a dog bite lawyer is essential if you or someone you know has been injured by a dog bite. Laws regarding owners' responsibilities can be complicated, and without a lawyer, the legal process can be lengthy and stressful.

If you are in this situation, consult with a reputable dog bite lawyer to assess your case, ensure your rights are protected, and help you pursue compensation for your injuries. With proper legal representation from Borbi, Clancy & Patrizi, LLC , you can move forward with the next phase of your recovery and regain control of your life.

Appealing a Wrongful Death Verdict: When and How To Do It

Wed, 03 Jan 2024 17:37:03 GMT

Dealing with the sudden loss of a loved one can be one of the most overwhelming experiences anyone can go through. Nothing can truly bring your loved one back, but when justice is denied, it can feel like a double tragedy.

It can be especially difficult when a wrongful death verdict is handed down and the decision, in your opinion, doesn't adequately address the culpability of the parties involved. You can file an appeal if you believe an error was made during the trial.

But when and how should you do it? Take a closer look and find out how to get justice for your loved one.

When to Appeal a Wrongful Death Verdict

Simply disagreeing with a verdict isn't enough reason to file an appeal. To have a chance at success, there needs to be a valid legal reason for an appeal.

Some common reasons for appealing a wrongful death verdict include:

Suppressed or Withheld Evidence

When evidence relevant to the case is intentionally suppressed or inadvertently withheld, it can significantly tilt the scales of justice. This results in a verdict that does not accurately reflect the true circumstances. Crucial facts that could potentially influence the jury's decision may be left unexplored due to the absence of this evidence.

For example, when a construction worker dies due to faulty equipment, the manufacturer may have suppressed evidence of known defects. This could be grounds for an appeal as the jury was unable to consider this crucial information when deliberating on the case.

Suppressed or withheld evidence undermines the credibility of the trial process and contradicts the purpose of the legal system, which is to ensure fair treatment for all parties involved. You should not have to live with a verdict that doesn't accurately reflect the truth.

Legal or Procedural Errors

Strict rules and procedures must be followed during a trial to ensure fairness and accuracy. When these rules are not followed, it can result in a wrongful death verdict that is unjust.

Some examples of legal or procedural errors include:

Jury misconduct
Incorrect jury instructions
Biased or prejudiced jury selection

Simply making a mistake during the trial does not automatically guarantee a successful appeal. The error must have significantly impacted the verdict in order for an appeal to be successful.

How to Appeal a Wrongful Death Verdict

If you decide to appeal, you should first seek counsel from an experienced appellate attorney. You need someone who thoroughly understands appellate law and the procedures involved.

Remember that the appeals procedures can drastically differ from those in the original trial. The appellate court will only review the trial record, which means that arguments will be presented based on the transcript, documents, and exhibits during the trial.

Your lawyer must also provide the appellate court with new information or facts not present during the original trial. Without new information, or if the issue was improperly preserved or raised during the trial, the appellate court is less likely to overturn the verdict.

Possible Outcomes of an Appeal

When you appeal a wrongful death verdict, there are three possible outcomes—affirm, reverse, or remand.

Affirm means that the appellate court agrees with the verdict, and the lower court's decision is upheld.

Reverse means that the appeals court disagrees with the verdict and may order a new trial or enter an alternate verdict that's more favorable to the appealing party.

Remand means that the appeals court sends the case back to the lower court for further proceedings, such as a retrial, reconsideration, or clarification of a specific issue.

These outcomes are not guaranteed, and the appeals court may take months or even years to reach a decision. But in the end, the goal is to seek justice for the death of your loved one, and an appeal may be the best way to achieve that. Talk to Borbi, Clancy & Patrizi, LLC , to learn more about your legal options and how we can help you through the appeals process to achieve the best outcome possible.

4 Common Kinds of Car Accidents

Wed, 03 Jan 2024 17:33:02 GMT

Car accidents are unfortunately a common occurrence all over the country. These terrifying events frequently happen in the blink of an eye, leaving us confused, hurt, or even grieving a loss. On the other hand, have you ever considered the chain of causes that could result in these unfortunate car accidents? Take a closer look at four prevalent types of automobile accidents and what causes them.

1. Rear-End Accidents

Rear-end collisions, also referred to as fender benders, arise when one vehicle collides with the rear end of another. While there are many potential causes, the most common is a following driver who follows too closely after the lead car. All drivers must keep a fair and cautious distance from other cars at all times—this includes not following any closer than is reasonable and prudent.

It is typically easy to determine who was at fault in a rear-end collision. It is common practice to hold the driver in the rear accountable in cases where the lead driver makes an abrupt and unanticipated halt. For starters, getting dangerously close to the car in front of you, a practice known as tailgating, is unacceptable. To prevent rear-end incidents, drivers must constantly keep a safe following distance.

2. Sideswipe Accidents

This type of accident occurs when two cars going in the same direction collide side by side. Distraction is a leading cause of sideswipe accidents. Drivers who are not paying attention increase the risk of an accident by crossing over into oncoming traffic. Distractions like eating, fiddling with the radio, or using a telephone might cause this.

Drunk or drugged driving is another leading cause of sideswipe incidents. Drunk drivers are more likely to swerve into oncoming traffic and cause accidents due to their sluggish reflexes and lack of coordination.

Another cause of sideswipe accidents is drivers who fail to check into their blind areas. What we call blind spots are those regions surrounding a car that the side and rearview mirrors do not reflect. Accidents involving vehicles in blind zones can happen when drivers do not look in such areas before changing lanes.

3. Head-On Collision

One of the riskiest kinds of accidents is a head-on collision. These collisions happen when two cars traveling in opposite directions hit each other, frequently at high speeds, and cause severe injuries. Many things can lead to a head-on collision, such as going in the wrong direction or cutting someone off in front of you.

A wrong-way accident occurs when a motorist disregards the direction of traffic. This could occur if the motorist is intoxicated or disoriented, or fails to notice the signage stating that the road is one-way. The best way for drivers to prevent incidents like this is to obey traffic laws and pay close attention to road signs.

Another risky maneuver, particularly on two-lane roads, involves overtaking another vehicle in front of you. Accidents with oncoming traffic can happen if drivers are not careful or do not estimate how much room they need to pass. No passing zone, slope, or low-visibility place is safe to pass in, and drivers should constantly check for oncoming traffic before trying to pass.

4. Side Impact Accidents

Side-impact or t-bone crashes are a form of collision that usually happens at crossroads when one vehicle collides with another vehicle on its side. The form that this sort of collision takes on when it hits makes it similar to the letter T.

A significant contributor to side-impact collisions is careless driving, specifically disregarding stop signs, red lights, or the right-of-way when making a left turn. Even with the green light giving the right of way to other road users, these accidents can happen if one driver does not slow down at an intersection.

A driver's risk of harm is more significant in a side-impact collision than in any other kind of vehicle accident. The reason behind this is that the majority of automobiles do not offer adequate protection against side crashes compared to frontal strikes. Cars with airbags and crumple zones might safeguard the driver in front of the vehicle, but side-impact drivers get almost no protection at all.

Common Types of Workplace Accidents

Mon, 27 Nov 2023 23:29:48 GMT

An accident-free work environment not only provides a comfortable space for staff to function but also results in enhanced productivity. However, while some professions certainly carry more risk factors than others, no work environment is completely immune to the potential occurrence of accidents.

Whether they are significant disasters or minor mishaps, occupational hazards cannot be overlooked. Explore the common types of accidents that often occur at workplaces.

Slips, Trips, and Falls

Many claims for worker's compensation result from accidents involving slips, trips, and falls in a work environment. Since they can occur at any time and location, these mishaps can be a huge worry for businesses and their staff.

According to the Occupational Safety and Health Administration (OSHA), lack of traction, uneven floors, abrupt changes in flooring or steps, and inappropriate housekeeping are the leading causes of slips, trips, and falls.

One of the most lethal kinds of falls occurs from a great height to a lower level. This is a common hazard when working at heights, such as on rooftops or in the construction of tall buildings. Employers must equip workers with proper fall protection gear in these circumstances to avoid accidents and preserve lives.

Overexertion

Overexertion happens when an individual does too much of something physically demanding without adequate rest. Many occupations include prolonged physical activity on the part of workers, which can wear people out and increase the risk of mistakes and injuries. This is a common problem in any profession that requires prolonged or repeated bending, kneeling, or other similar motions.

Overexertion injuries, such as strained muscles and repetitive strain injuries (RSI), are prevalent and can lead to chronic pain and a loss of productivity. These injuries are often the result of improper lifting skills, the constant repetition of light tasks without pauses, or the lifting of big goods by hand. Overexertion injuries can occur even when performing routine chores like typing or using a mouse without adequate ergonomics.

Harmful Exposure

Workplace hazards, such as exposure to potentially dangerous substances or situations, are a major cause for concern for the health and safety of employees. Lack of training is a leading cause of accidental exposure to hazardous materials. Employers must inform workers of the dangers they face on the job and the measures they can take to avoid harm. They might not know how to handle dangerous items, which could lead to incidents.

Inadequate personal protective equipment (PPE) is another source of exposure in the workplace. When employees are working in potentially dangerous conditions, employers must supply them with protective equipment such as goggles, gloves, and earplugs. Workers are at danger of injury from noise and chemical exposure without the necessary PPE.

Impact and Collisions

Trucks and forklifts, among others, pose a significant threat to workers if operated carelessly or by someone without adequate training. Fractures, amputated limbs, and brain damage are just some of the possible outcomes of crashes, collisions, and other occurrences involving motorized land vehicles, whether they occur on or off the road.

Strike-by incidents are another significant source of workplace impacts and collisions. Workers get hurt in this mishap if they collide with anything that is not moving, such as a stationary object or a piece of equipment. Depending on the severity of the collision, the injuries sustained in such incidents might range from relatively moderate bruising to life-threatening head and body trauma.

Businesses must implement effective safety measures to reduce the likelihood of workplace incidents and effects. It is the employer's responsibility to ensure that employees who use motor vehicles have received proper training and are adhering to all safety regulations. Preventing equipment failures that could result in injuries requires routine servicing and checks.

If you are the victim of workplace negligence leading to any of these workplace incidents, contact us at Borbi, Clancy & Patrizi for legal representation in Marlton, NJ.

Understand the Statute of Limitations in Personal Injury Cases

Mon, 27 Nov 2023 23:25:51 GMT

Navigating the legal landscape of personal injury cases involves a multitude of complex aspects, with the statute of limitations being a crucial element. Understanding and adhering to these limitations are essential for a successful legal claim. Hiring a lawyer is instrumental in comprehending the statute of limitations for your specific type of personal injury.

Navigating Legal Time Constraints

The statute of limitations in personal injury cases sets a time limit within which an injured individual can file a lawsuit. These time constraints vary significantly based on the type of injury, the jurisdiction, and other specific circumstances surrounding the case. Failing to adhere to these limitations can result in the loss of the right to bring a lawsuit, even if you have a strong case to present.

Interpreting Personal Injury Laws

Understanding the nuances of the statute of limitations requires an in-depth comprehension of the law. A lawyer who specializes in personal injury cases has the knowledge and experience to accurately interpret personal injury laws. For example, a lawyer can assess the specific circumstances of your injury, identify the applicable statute of limitations, and guide you on the correct legal course of action.

Gathering Essential Evidence

In many personal injury cases, gathering evidence is a time-sensitive task that should be taken seriously. Hiring a lawyer early in the process of your case ensures that crucial evidence is promptly collected. A lawyer understands the importance of securing evidence before it is lost or compromised, thereby strengthening the case when it goes to court.

Avoiding Procedural Errors

The legal system is challenging to navigate, and what seems like a minor procedural error can significantly impact a case. Lawyers know the legal procedures that must be followed for a personal injury case, including properly filling out paperwork. For instance, a lawyer can ensure that all necessary documents are filed accurately and within the designated time frame, minimizing the risk of procedural errors that could jeopardize your case.

Negotiating With Insurance Companies

In many personal injury cases, communicating with insurance companies plays an important role in the overall settlement amount. A skilled lawyer can negotiate on your behalf to ensure everything is done within the bounds of the law. Lawyers understand the tactics used by insurance companies to minimize payouts, and they can navigate these discussions to ensure you receive fair compensation within the legal timeframe.

Presenting Your Case in Court

If a personal injury case progresses to trial, having a lawyer is essential for effective legal advocacy and representation. For instance, a lawyer can present your personal injury case in a comprehensive manner for the best outcome. Their experience in litigation ensures that all legal arguments are presented in court within the permissible statute of limitations.

Minimizing a Stressful Situation

Dealing with a personal injury is stressful when trying to recover. Leaving the legal aspects of your situation in the hands of a lawyer will allow you to focus on recovering. You will not have to deal with the added stress of navigating complex legal procedures, and can possibly avoid a lengthy trial. A lawyer can assess the true value of your case to avoid the unnecessary stress of fighting for too much compensation.

Having a lawyer's guidance enhances the chance of you receiving the justice that you deserve. They will assess the unique circumstances of your injury, as well as provide a detailed plan of action before filing your claim and beginning the legal process. Failing to meet legal deadlines could result in you being denied the compensation you need for your medical bills, lost wages, and your other needs. Contact us today at Borbi, Clancy & Patrizi, LLC , to set up a consultation.

Importance of Hiring a Personal Injury Lawyer

Thu, 12 Oct 2023 23:14:49 GMT

Personal injuries can be life-altering experiences, affecting your physical well-being and emotional and financial stability. When you find yourself in such a situation, have someone in your corner who understands the complexities of personal injury law and can advocate for your rights. This is where hiring a personal injury lawyer becomes invaluable. This blog will delve into the importance of hiring a personal injury lawyer.

They Understand the Legal Process

Navigating the legal system can be complex and intimidating for someone with legal expertise. Personal injury cases involve many rules, regulations, and paperwork that can easily overwhelm an individual. This is where a personal injury lawyer becomes vital. They are well-versed in the legal process and can guide you through it step by step.

Personal injury lawyers have spent years studying and practicing the law, gaining insights into the intricacies of personal injury cases. They understand how to gather evidence, interview witnesses, and build a strong case on your behalf. Their expertise ensures you don't miss critical deadlines or make mistakes that could harm your case.

They Can Help You Get Medical Attention

After an accident, your immediate priority should be your health and well-being. However, dealing with injuries and medical bills can be overwhelming. A personal injury lawyer can help you connect with the right medical professionals and ensure you receive proper treatment. They can also work with medical experts who can assess the extent of your injuries and provide valuable testimony if your case goes to trial.

Moreover, personal injury lawyers are adept at handling insurance claims. They can negotiate with insurance companies to ensure you receive fair compensation for medical expenses, rehabilitation, and future healthcare needs. This alleviates the financial burden on you during your recovery.

They Are Professional and Objective

Emotions can run high in the aftermath of a personal injury. You may be angry, frustrated, or overwhelmed by the situation, making it difficult to make rational decisions. Personal injury lawyers bring professionalism and objectivity to your invaluable case. They can objectively assess the facts and circumstances surrounding your injury, helping you determine if you have a valid claim.

They also act as a buffer between you and the opposing party, including insurance companies, to prevent you from making impulsive decisions that could negatively impact your case. Their ability to remain calm and focused on your best interests is crucial.

They Know How To Negotiate

People often resolve many personal injury cases through negotiations instead of trial. Skilled negotiators and personal injury lawyers can communicate with insurance companies and opposing parties on your behalf. They understand the tactics used by insurance adjusters to minimize settlements, and they won't settle for less than what you deserve.

Having an experienced negotiator in your corner can make a significant difference in the outcome of your case. Personal injury lawyers know how to leverage the strength of your case to secure a favorable settlement that covers your medical expenses, lost wages, pain, and suffering.

They Can Take Your Case to Trial

While many personal injury cases are resolved through negotiation and settlement, some may require going to trial to attain a fair outcome. Personal injury lawyers stand ready to take your case to court if required, and their trial experience provides a significant advantage. In the courtroom, they can present a compelling case, call expert witnesses, and cross-examine witnesses from the opposing side.

Their ability to build a strong argument and navigate the complexities of a trial can make a substantial difference in the final verdict. Knowing that you have a skilled trial attorney can give you confidence and a sense of security during the legal process.

If you need legal representation for a personal injury case, contact us at Borbi, Clancy & Patrizi. Our experienced team of personal injury lawyers is here to guide you through the process, ensuring your rights are protected.

Recognizing the Signs of Nursing Home Abuse

Thu, 12 Oct 2023 22:36:14 GMT

Entrusting our elderly loved ones to a nursing home often comes with the hope that they will receive the utmost care in their twilight years. However, the heartbreaking reality is that some nursing homes fall short, and residents become victims of abuse. Recognizing the signs of nursing home abuse early on can make all the difference in ensuring the safety and well-being of your loved one.

Physical Abuse

Physical abuse in nursing homes refers to the intentional infliction of pain, harm, or injury on a resident. This might manifest as unexplained bruises, welts, or scars, often on wrists or other easily-grabbed areas. Broken bones or sprains can also be indicative.

If your loved one seems fearful around certain staff members or is hesitant to discuss their injuries, this could be a sign they are experiencing physical abuse in their nursing home. Make sure to document any suspicious injuries with photographs and dated notes.

Emotional or Psychological Abuse

Emotional abuse can be as detrimental as physical harm. It pertains to actions that cause emotional pain, distress, or anguish. This includes verbal assaults, threats, or other intimidating behaviors. Signs can be subtle, such as sudden mood swings, withdrawal from activities they once enjoyed, or unexplained changes in alertness.

Listening to your loved one's concerns and observing their interactions with caretakers can offer insights. Documenting instances, dates, and times of observed behaviors or statements can be valuable evidence.

Neglect

Neglect is the failure to provide a resident with the care and service necessary to ensure freedom from pain or harm. This could be in the form of dehydration, malnutrition, or untreated health issues.

If your loved one constantly appears disheveled, has bedsores, or their living conditions are consistently unclean, these could be clear indicators of neglect. Keeping a log of these signs and any conversations related to their care can be beneficial in building a case.

Financial Exploitation

Some unscrupulous individuals might take advantage of a resident's finances. This involves the unauthorized or improper use of their funds, property, or assets. Look out for significant withdrawals from the elder's accounts, items or cash missing from their rooms, or suspicious changes in wills or power of attorney designations. Promptly reporting and documenting any unauthorized transactions can be crucial in addressing their exploitation.

Isolation

Isolation can be a subtle yet insidious form of abuse. Caregivers might intentionally keep a resident away from others, limiting their social interactions and depriving them of their rights to family visits or participation in facility activities. Such actions can lead to feelings of loneliness, depression, and a rapid decline in mental health.

Residents might appear more withdrawn, refuse to participate in activities they once loved, or show symptoms of anxiety. Observing the frequency and quality of your loved one's interactions, as well as sudden changes in their social habits, can shed light on this silent form of mistreatment. It's essential to document instances of denied visits or any sudden shifts in your loved one's demeanor.

Medication Abuse

Improperly administering medication, either by over-medicating or withholding necessary medication, is another form of nursing home abuse. Over-medicating can be an attempt to sedate residents to make them more manageable, while withholding medication can be caused by negligence or used as a form of punishment.

Symptoms to watch for include sudden drowsiness, unexplained changes in behavior, or physical health decline without a clear medical reason. Keep track of your loved one's prescribed medications, the dosages, and the times they should be administered. Any deviation from this, or sudden alterations without a doctor's consultation, should raise red flags.

The safety and well-being of your loved ones should never be compromised. If you believe your loved one is a victim of nursing home abuse, reach out to Borbi, Clancy & Patrizi, LLC immediately. Together, we can ensure justice and safety for your loved one in this vulnerable stage of their life.

Types of Alternative Dispute Resolution in Personal Injury Law

Tue, 12 Sep 2023 22:44:41 GMT

In the world of personal injury law, disputes often arise over matters of liability, compensation, and responsibility. When conflicts arise in personal injury law, traditional courtroom litigation isn't the only path to resolution. In the dynamic maze of personal injury law, there exists an often-overlooked pathway known as alternative dispute resolution (ADR).

Delve into ADR within the context of personal injury law. This blog explores the various ADR methods available, providing an in-depth understanding of how they work.

Arbitration

Arbitration allows both parties to present their arguments to an arbitrator. Like a judge, this arbitrator is in charge of hearing all sides of the debate before deciding who is responsible and what amount should be awarded in damages.

Both parties must provide informed consent because this decision becomes enforceable if they acknowledge it in advance. Even if a dispute is resolved by binding arbitration, both sides may still decide to proceed with a trial if they are dissatisfied with the arbitrator's ruling.

Arbitration is frequently the best alternative for resolving conflicts, particularly insurance claims. Many insurance plans contain fine language requiring that any disagreements be addressed through arbitration rather than a court of law. Despite this, arbitration can sometimes not be the best option for injury cases since the injured party may choose to go to court to obtain the highest amount of damages.

Settlement Negotiations

Settlement negotiation is a means of coming to an agreement between two sides in a disagreement with the aid of a judge or their representative. Settlement negotiations provide a summary of the dispute, the potential risks of going to trial, and various ways to resolve the disagreement.

The goal of the settlement negotiation method is to reach a mutually acceptable agreement between both sides to settle the dispute without taking the matter to court.

The most typical method of settlement negotiations in personal injury claims involves a pretrial settlement conference. A sitting judge is the mediator in this settlement discussion. At least one week before the pre-trial settlement conference, the lawyers for both sides to the litigation will submit a Pretrial Memorandum to a pre-trial court. These briefs often concentrate on the case's two main issues, liability and damages.

Before the parties meet during the Pretrial Settlement Conference, the presiding judge will have reviewed all of the Pretrial Memoranda and be familiar with the case, allowing the parties to concentrate on finding a solution rather than debating the truth or the validity of the evidence.

As a result, most of each Pretrial Settlement Conference spends time discussing the case's settlement cost and communicating offers and counteroffers between each party. Both sides must make compromises to reach a mutually beneficial agreement.

Mediation

Mediation is a facilitated conversation between parties overseen by an impartial third party known as a mediator. The mediator's job is to assist the parties in coming to a mutually agreeable solution without passing judgment on who is in error or issuing an obligation to act. This is frequently accomplished through multiple rounds of discussions and concessions to assist the parties in coming to a mutually agreeable conclusion.

Mediation can often resolve a conflict more quickly and cost-effectively than litigation. Since there is no investigation phase and the mediator's participation is typically more affordable than an arbitrator's, it is also typically less costly than arbitration. Mediators also frequently order parties to try mediation before presenting themselves in court.

Having a knowledgeable and experienced attorney during the mediation process guarantees that you will be heard and your interests will be protected.

An attorney can help you navigate the legal aspects of a personal injury litigation or ADR. Contact Borbi, Clancy & Patrizi for personal injury representation in Marlton, NJ.

Factors Affecting the Value of Your Personal Injury Claim

Thu, 20 Jul 2023 17:34:21 GMT

You may be eligible to receive compensation if you have been injured because someone else was careless or negligent. However, obtaining appropriate compensation for a personal injury claim can be challenging. Here are the factors that impact your personal injury case settlement.

The Severity of the Injuries

More severe injuries often cause intense physical pain, emotional distress, and a diminished quality of life. Compensation aims to acknowledge and address these non-economic damages as well.

Generally, severe injuries equate to a higher potential value of your personal injury compensation. The compensation accounts for medical expenses, loss of income, diminished earning capacity, and pain and suffering.

Total Medical Bills

The higher the medical bills, the more likely you will receive a more significant compensation. This is because medical expenses indicate the seriousness and severity of your injuries, affecting the overall impact on your life.

The total medical bills also reflect the cost of your treatment, including hospital stays, surgeries, medication, rehabilitation, and ongoing care. These expenses are considered to ensure that you are adequately compensated for the financial burden caused by your injuries. Moreover, the total medical bills are a tangible measure of the pain, suffering, and emotional distress you have endured due to the accident.

Insurance Policy Limits

Insurance policy limits refer to the maximum coverage an insurance policy provides for a particular claim. When you pursue a personal injury claim, the policy's coverage often limits the available compensation.

If the liable party has high-low insurance coverage, you have a better chance of receiving fair and substantial compensation. Higher policy limits allow more financial resources to cover medical expenses, loss of income, pain and suffering, and other damages resulting from the injury.

In contrast, an insurance policy with low limits can reduce the amount of compensation you may receive. In such situations, the available funds may be insufficient to cover your damages fully. This can lead to a low settlement offer or force you to use other means to get compensation. For instance, you might file a lawsuit against the at-fault party directly.

Availability of Evidence

Concrete evidence, such as medical reports, photographs, witness testimonies, and expert opinions, can substantiate your claim. The evidence can also establish the extent of your injuries and the responsible party's liability.

With enough evidence, you can demonstrate the direct link between the accident and your injuries. This helps to prove the impact on your life, physical well-being, and financial losses, and makes it harder for the opposing party or insurance company to refute your claim or downplay the severity of your damages.

In contrast, lacking evidence weakens your case and jeopardizes the value of your compensation. Inadequate evidence may lead to disputes and skepticism regarding the legitimacy of your injuries and the other party's liability, resulting in reduced compensation offers or even denial of your claim.

Impact on Daily Life

Physical limitations can significantly diminish your quality of life. The limitations include the inability to work, perform household tasks, or engage in recreational activities. The extent of these limitations and the duration of their impact will influence the compensation amount. For example, you may be unable to work for an extended period, resulting in lost wages or career setbacks. In this case, the compensation may be higher.

The emotional toll of the injury is also an essential factor. Mental anguish, depression, anxiety, or loss of enjoyment in life can significantly impact your well-being. Demonstrating the psychological effects and their impact on your daily life can increase the compensation awarded.

Since so many factors affect your compensation's value, you need a qualified attorney's help. Borbi, Clancy & Patrizi, LLC is a personal injury law firm that can help you with your personal injury case. Contact us now for more information.

Clearing Up Misconceptions About Personal Injury Law

Thu, 20 Jul 2023 17:04:34 GMT

Personal injury law is a vast and complicated area of law that covers a broad range of legal topics. It aims to compensate individuals who suffer physical, emotional, or mental injury due to another person's negligence, recklessness, or intentional misconduct.

Unfortunately, personal injury law is subject to many misunderstandings and myths that often prevent injured people from seeking the compensation they rightfully deserve. This blog post will debunk the top three misconceptions about personal injury law and shed light on the truth behind them.

Personal Injury Claims Take Years to Settle

Many people mistakenly believe that personal injury claims always take years to settle. They think that a personal injury case can drag on for years, so it's not worth the effort to pursue it. But this isn't always the case.

While some claims can indeed take a long time, it typically depends on the complexity of the case. For instance, if the responsible party accepts liability and recognizes their negligence, then settling a claim can happen much more quickly. Even in court, a personal injury case can move along fairly quickly if the parties involved are willing to cooperate.

Similarly, if the available evidence is sufficient to prove liability and damages, a settlement can be reached in a much shorter period. For example, if medical records and other facts clearly show the injuries suffered by the plaintiff were due to negligence on the defendant's part, it may not take long to settle.

But no matter how long it takes to settle a personal injury case, it is always worth pursuing if you believe someone else was responsible for your injuries. Be sure to seek legal advice from an experienced personal injury attorney who can evaluate your case and help you understand what to expect.

Personal Injury Claims Are Only About Compensation

Some people believe that personal injury cases are only about monetary compensation. While it is true that most cases involve financial compensation, there are other forms of relief available as well.

Personal injury law also strongly focuses on the injured person's rights. Besides compensation for damages, the law aims to obtain justice for the person who experienced harm. An injury claim can be an opportunity to make sure the responsible party is held liable for their actions and that they cannot harm or injure anyone else in the future.

Injury claims also provide a sense of closure for the injured person. Going through a personal injury claim can be an emotionally draining experience, but it also helps you process what happened and move forward in life. You get the opportunity to have your story heard and bring attention to an issue that could help others in similar situations.

Personal Injury Cases Always Result in Huge Payouts

Huge payouts are common in the media, and thus many people assume that all personal injury cases end with a big settlement. However, this is simply not true. The settlement amount depends on different factors, such as the extent and severity of the injured party's injuries, the responsible party's financial situation, and the incurred damages.

For example, if the injured party experienced severe injuries resulting in long-term medical costs, they're likely to receive more compensation. But the settlement would likely be smaller if the injuries were minor and easily treatable. This is why you should always consult with a personal injury attorney who can help you understand what type of compensation you should expect.

Don't let these common misconceptions about personal injury law discourage you from seeking justice. If you believe someone else is responsible for an injury you've suffered, reach out to us at Borbi, Clancy & Patrizi, LLC . Our team of experienced lawyers can help you understand your legal rights and guide you through the personal injury claim process.

5 Common Car Accident Injuries

Mon, 19 Jun 2023 17:03:45 GMT

Even the most careful drivers can be victims of car accidents. These accidents can cause injuries ranging from minor to severe. Here are some of these injuries.

1. Whiplash

Whiplash occurs when the head and neck experience a sudden and forceful back-and-forth movement akin to a whipping action. This rapid motion can cause a range of soft tissue damage in the neck, including muscle strains, ligament sprains, and even herniated discs.

The impact of such injuries can linger for weeks, months, or even longer, leading to chronic pain and restricted mobility. Whiplash injuries often require comprehensive treatment, such as physical therapy, to aid in the recovery process. Physical therapy aims to alleviate pain, restore range of motion, and strengthen the neck muscles.

2. Brain and Head Injuries

Head injuries often result from a direct impact on the head. Depending on the severity of the impact, these injuries can range from mild to moderate to severe. The injuries can also affect the brain, leading to various complications.

The area of the brain affected depends on the specific location of the impact. Traumatic brain injuries (TBIs) can result in damage to different regions, such as the frontal, temporal, or occipital lobes. These injuries can have a significant impact on cognitive, sensory, and motor functions.

Note that head injuries may not always exhibit visible signs of trauma. Even in cases where there are no external cuts or lacerations, the brain can still sustain significant damage. That's why you must seek immediate medical attention after a car accident, as internal injuries may not be readily apparent. Timely diagnosis and appropriate treatment can significantly improve outcomes and minimize long-term complications.

3. Back and Spinal Injuries

One common type of injury is back strains or sprains, which occur when ligaments and muscles in the backstretch or tear due to sudden impact. Symptoms of such injuries include localized pain, stiffness, muscle spasms, and difficulty moving or bending.

Another severe consequence of car accidents is spinal fractures, which involve the breaking or dislocation of the bones in the spine. These fractures can result in compression of the spinal cord or nerves, leading to loss of sensation, paralysis, or even death. Risk factors that increase the likelihood of sustaining these injuries include excessive speed, improper seat belt use, and collision impact from the rear or side.

The potential long-term impacts of back and spinal injuries are substantial. Chronic pain and discomfort, limited mobility, and reduced quality of life can occur in severe cases.

4. Chest Injuries

While minor chest injuries such as bruises are common, serious cases often require surgery. These more severe injuries may involve broken ribs and damage to internal organs.

Minor chest injuries like bruises can be painful but typically heal with time and rest. However, serious chest injuries demand immediate medical attention. Broken ribs can be excruciating and may require surgical intervention to realign and stabilize them. Such injuries can further pose a risk to internal organs, potentially leading to complications.

Damage to internal organs, such as the lungs or heart, can occur due to the forceful impact during a car accident. These injuries may result in difficulty breathing, chest pain, or other symptoms indicative of organ dysfunction. If left untreated, they can lead to life-threatening conditions.

5. Burns and lacerations

The deployment of airbags, while crucial for safety, can sometimes result in burns. Friction burns from seatbelts are also frequent, often caused by the sudden force exerted during the collision. Additionally, individuals may come into contact with hard or sharp edges either inside or outside the vehicle, leading to lacerations. These injuries can range from minor cuts and scrapes to deeper, more significant wounds.

Here at Borbi, Clancy & Patrizi, LLC. , we are a team of experienced attorneys who specializes in personal injury law. We provide dedicated representation to ensure you receive the compensation you deserve. Reach out to us today, and let us fight for your justice.

Factors That Can Delay a Car Accident Settlement

Mon, 15 May 2023 17:18:03 GMT

The timeline for the settlement of car accident claims varies depending on the circumstances of each case. Some personal injury cases end quickly, while others can last a few years. Explore some of the reasons for a delay in your car accident claim.

No Legal Representation

The first thing to do after a car accident is engage a personal injury attorney. Attempting to pursue a claim without legal representation will often delay your settlement. An attorney will file all claim materials within the required statutory limitation period.

Additionally, your attorney will identify the applicable insurance and notify the carriers of your claim. Lastly, your attorney will ensure the insurance company responds to your claim quickly and awards you fair compensation.

Complicated Injuries

Before you receive a settlement for a car accident claim, the insurance adjuster or judge needs to clarify your injuries. Obtain a medical report from a doctor explaining the condition of your injuries. The report shows you have recovered, you will recover after a certain period, or your injuries are permanent.

The medical report is one of the basic elements for determining the damages you will receive. However, delays in obtaining the medical report may arise if you have serious injuries. In this case, the doctor cannot provide a definite timescale for your recovery.

One of the reasons is that you have to undergo further treatment and tests such as ultrasound and MRI scans. Also, the doctor may not have the expertise to comment on your injuries and will recommend further analysis from a specialist like an orthopedic surgeon. All these factors will delay the time you need to settle your claim.

Arguments Regarding Who Is at Fault

Proving liability is one of the things that causes an insurance company to delay making a settlement offer. Evidence like a police report, witness statement, or a traffic ticket indicating the driver was reckless can strengthen your claim.

Your attorney will help you gather all relevant evidence and present it to the insurance company quickly. Otherwise, if you have insufficient proof to support your claim, the insurance adjuster could use delay tactics to get you to accept a low offer.

Failure to File the Claim in Time

The deadline for filing a claim will vary depending on the health insurance providers. If you delay submitting your claim, expect a delay in the settlement process since the investigation by the health insurance provider will usually take longer. This is one of the reasons to involve an attorney in your case early to speed up the claims process.

Exchange of Information Between the Insurance Firm and Hospital

In some cases, a delay in the settlement of your claim may arise because of issues between the insurance company and the hospital. One of the issues is when the hospital delays sending the health insurance company the discharge summary.

Another issue arises when the hospital delays in sending the final bill to the health insurance company. The faster the discharge summary and final bill reach the insurance company, the sooner an insurance adjuster will review them. When the insurance company clarifies the authenticity of these documents, the settlement process will commence immediately.

If you have sustained injuries in a car accident, you might expect immediate compensation. However, the settlement process is more complicated than submitting a claim and receiving damages.

To speed up the process, you need a seasoned personal injury attorney at Borbi, Clancy & Patrizi. Contact us today to help you jump-start the settlement process. We will be happy to go over any questions or concerns you have. We will let you know what you need to help your claim.

4 Things To Know About Bus Accident Claims

Mon, 15 May 2023 17:15:56 GMT

Victims of public bus accidents deserve compensation for their damages, just as other accident victims. However, the details and procedures for a bus accident claim may differ from those of other accident claims. Below are four things you should know before filing a bus accident claim.

1. A High Standard of Care Applies

The standard of care determines whether a court finds your defendant liable for your damages. In most cases, a defendant is only liable for damages if their failure to meet the required standard of care (their negligence) causes you injury. Mass transit companies or common carriers, such as bus companies, have a higher standard of care than many other road users.

For example, the law expects bus companies to ensure they have professionally trained operators, including drivers. A bus driver must have a commercial driving license (CDL) for the vehicle class they plan to operate. Other expected standards of care include proper vehicle maintenance, adequate safety equipment, and clear entrances and exits.

Therefore, a bus company that hires a driver with only a basic driving license is negligent. The bus company will likely be liable for the accident the driver might cause due to their inadequate knowledge and experience with large vehicles.

2. The Industry Has High Risks of Some Injuries

The nature of buses and the bus industry means they have higher risks of some accidents or injuries that other modes of transportation, such as private cars, do not necessarily have. Awareness of these risks will help you investigate and value your damages.

For example, buses have a higher center of gravity (due to their height) than private cars. The high center of gravity increases the rollover risk in an accident. Injuries common with rollover accidents include head, neck, and back injuries. Injuries to these critical parts of the body often trigger high-value damages.

3. The Accidents Feature Multiple Potential Defenders

The bus industry involves multiple parties, and any of these parties can be liable for your accident. You must identify the right party before demanding or filing a lawsuit. Otherwise, you might waste time chasing compensation from the right party and start over once you realize your mistake. A personal injury lawyer can help you identify the liable party.

For example, the bus driver might be liable for the accident if they cause the accident by:

Driving while intoxicated
Falling asleep while driving due to exhaustion
Getting distracted by their phones

Other potentially liable parties include the bus company, bus manufacturer, maintenance company, and local government. Even another road user, such as a motorcyclist, pedestrian, or private motorist, might be liable for your damages. Multiple defendants are also possible, in which case you may need to file claims against them to collect full damages.

4. The Nature of the Defendant Affects Your Claim

Lastly, know that the defendant affects your bus accident claim in multiple ways. Accident claims against private individuals, government bodies, and common carriers follow different laws and regulations. Follow these rules and regulations so you don't lose your compensation on a technicality.

For example, you deserve compensation from the government if the poor maintenance of public roads causes a bus accident. However, claims against the government must follow specific rules that claim against other parties don't have to.

For one, you cannot file a lawsuit against the New Jersey government before you file a written claim and give the government time to deliberate on it. You only have 90 days to file this notice. Also, claims against the government have award caps that the courts respect.

Borbi, Clancy & Patrizi have extensive experience with auto accident claims. We promise to do everything we can to get you maximum compensation for your injuries. Contact us today for a free initial consultation to determine how to handle your case.

6 Mistakes You Should Avoid After a Dog Bite

Thu, 13 Apr 2023 16:28:41 GMT

Most often, dogs are some of the most friendly creatures, but some untrained dogs may bite a person, even when unprovoked. So unless you've trespassed on someone's property, you’re entitled to receive compensation for your injuries after a dog bite. However, you may hurt your chances of receiving compensation if you make these common mistakes in the following list.

1. Failing to Seek Medical Attention

Some victims of dog bites assume they can walk off their injuries. As such, they don't bother to seek medical attention. Sadly, such people don't realize that dog bites can cause lasting adverse effects on their health.

Getting evaluated by a medic after the dog bite ensures your injuries are identified and treated. Treatment also ensures that you at least won't contract rabies or create worse problems for yourself. Moreover, the medical records and your doctor's report of the incident can help prove that you sustained dog bite injuries, improving the validity of your case.

2. Failing to Follow Doctor's Directions

Seeking medical attention is quite different from following the doctor's orders. Sadly, some dog bite victims seek medical attention but fail to complete medication or follow the physician's orders. Unfortunately, such mistakes can delay healing or worsen the injuries.

So if the physician asks you to report for follow-up treatment, stitches removal, or a change of bandages, ensure you do so. Complying with the doctor’s directions will serve your personal injury case.

3. Failing to Inform the Police

Dog bite victims may hesitate to call the police, especially if it's a neighbor's dog. However, knowing the dog's owner doesn't mean you should not contact the police.

You must call the police in order to generate an official police report for your case. Besides, the police will take statements from witnesses, yourself, and the owner. The police can also view CCTV footage from the neighboring houses to find out what exactly transpired. Moreover, the records taken at the scene can strengthen your case and make things easier for the lawyer working with you on this case.

4. Failing to Take Photos

Pictures are crucial evidence in a personal injury case. If a dog bites you, it’s important to take pictures of the injuries, the scene of the incident, the dog, the dog owner, and anything you find relevant, if possible.

The injuries might seem minor, but that shouldn't dissuade you from taking pictures. Moreover, you may want to take photos or videos of your injuries if they worsen. These photos will help you strengthen your claim.

5. Failing To Hire a Lawyer

Dog bite cases are no different from medical malpractice, work injury, or car accidents. Therefore, you must engage a lawyer after a dog bites you. An experienced lawyer is the only person who can look out for your best interests.

By failing to hire a lawyer, you might miss out on the best offers. An attorney with experience in dog bit cases should take over the case, gather evidence, and negotiate with the insurance company on your behalf. At least the insurance adjuster won't attempt to settle your claim cheaply.

Working with a lawyer increases your chances of recouping the money you lost through medical bills, emotional distress, pain and suffering, and lost wages. Besides, an attorney can represent you in court if necessary.

6. Speaking Freely With the Insurance Company

Speaking with the insurance company isn't bad, but you must be mindful of what you say. Insurance adjusters might call you to know what happened or ask questions. However, you should not answer or give a recorded statement without a lawyer.

If anything, your lawyer should guide you on how to respond to the adjuster's questions. By doing so, the insurance adjusters won't use your recorded statement to poke holes in your personal injury case.

Choosing an experienced attorney to assist with a dog bite claim can make a huge difference. At Borbi, Clancy & Patrizi, we have experienced lawyers dedicated to representing victims of dog bite accidents. Contact us now to request your free consultation.

4 Signs You Should Hire a Premises Liability Attorney

Thu, 13 Apr 2023 16:20:33 GMT

Premises liability arises when someone gets injured because of a defective or hazardous condition on another person's property. Examples of premise liability cases include inadequate building security, slip and fall accidents, and swimming pool accidents. If you get involved in a premises liability case, learn signs that you need to hire an attorney.

1. You Have Sustained Serious Injuries

You must seek legal counsel if your accident has resulted in severe injuries. Many premises liability accidents often involve injury-causing fires because of improper safety measures and dog bites due to insufficient security standards.

Common injuries include:

Internal bleeding
Broken bones
Damages to the spine
Brain trauma

These types of injuries can cause you to incur high medical costs for treatment. Therefore, your attorney can help you seek reimbursement for medications, physician bills, or medical equipment. Additionally, you can pursue damages for future expenses like physical therapy and psychiatric treatment for mental anguish.

2. You Need to Determine Liability

To succeed in a premise liability lawsuit, you must demonstrate that the property owner owed you a duty of care. Furthermore, you must demonstrate that the landowner violated their duty of care towards you. To establish the property owner's negligence, your attorney will show that the property owner didn't maintain or own their property with reasonable care.

In certain states, property owners have a responsibility to take care of everyone who enters their premises. However, other states exercise the traditional law where a property owner has a limited duty of care depending on the visitor's status.

In these states, visitors are either be licensees, invitees, or trespassers. If you live in a state that follows this traditional law, an attorney can help show the owner's liability by proving you are either a licensee or an invitee.

An invitee is a person who has the owner's permission to enter the property. They include people like relatives, friends, and neighbors. On the other hand, a licensee is someone who has the owner's permission to be on the property, but these people enter the property for their own reasons. Licensees include salespeople. Property owners owe a duty of care to both invitees and licensees.

Lastly, a trespasser is someone who doesn't have the owner's permission to be on the property. Landowners don't owe trespassers any duty of care unless the trespasser is a child.

3. You Need to Strengthen Your Case

You also need to present proof of your injuries or loss. This can be especially difficult if you already had a pre-existing condition or your loss isn't apparent. However, you can solidify your claim through the testimony of an expert witness.

You might find it hard to convince an expert to testify on your behalf. But, for an attorney, this is often no big deal. An expert witness may be a doctor, a reconstruction expert, or an economic expert. Since an attorney's job description involves working with expert witnesses from different fields, attorneys have easy access to expert witnesses. The expert witnesses will use their testimony to prove the severity of your damages.

4. You Need Help Negotiating

If you can prove the property owner's duty of care, the next big hurdle is to get a fair settlement. Many victims of premise liability accidents make the mistake of accepting the first offer they receive. Many insurance companies may send you an offer before you make any claim, hoping to end your case at the lowest possible cost.

To get a fair settlement, you need an attorney's expertise to determine the value of your damages. The negotiation skills of an attorney might help avoid going to trial. Nevertheless, if the insurance adjuster fails to cooperate, your attorney will present a strong case for you.

You are eligible for compensation if you sustain injuries or losses on another person's property. With the representation of an experienced legal team at Borbi, Clancy & Patrizi, you can expect fair reimbursement. Contact us today to review your case and understand your legal options.

How Medicare May Impact Your Personal Injury Settlement

Wed, 08 Mar 2023 16:37:59 GMT

Suppose you have filed a personal injury lawsuit due to an accident or injury. In that case, you may have to initially file your private medical insurance to assist with paying your medical bills. Filing your insurance is usually not a problem, although the insurance company may or may not come back and ask for their funds back through subrogation.

But this process can become slightly more complicated when your only insurance is Medicare. Their procedure is different and may impact your final personal injury settlement. Read on to learn more about this.

What Are Conditional Payments?

Following an accident, the hospital, doctor's office, or treating facility often asks if an accident caused your injury or illness and if you plan to file a personal injury claim. In cases where you answer yes, you may find that Medicare sometimes will not pay these expenses.

Their lack of payment is because Medicare views itself as secondary insurance in cases where some other type of insurance may make payment. However, Medicare may agree to make a conditional payment to keep you from paying these medical expenses out of your pocket.

Medicare considers the payment conditional because Medicare expects you to pay back this amount at some point when and if you win your case and receive a settlement or award. If you do not win the case or do not receive an award or settlement, you will not be responsible for repaying Medicare.

How Will Medicare Know the Outcome of Your Case?

When an accident or injury occurs due to the negligence of others that may result in a personal injury case, you are responsible for notifying the Benefits Coordination & Recovery Center (BCRC). To make a report, you need the following information:

Full name
Medicare number
Date of birth
Home address and phone number
Attorney's name, address, and phone number

In addition to this identifying information, you must also supply information about the accident or injury. This information includes:

Type of claim
Insurer's name and address
Relevant dates of your accident or injury
Description of your accident or injury

Depending on the type of accident, injury, or illness you are reporting, the BCRC may require additional information. Once you make the report, the BCRC becomes responsible for updating your Medicare record and ensuring that you repay Medicare for any conditional payments they make.

The BCRC will contact numerous entities and collect additional information from various sources such as Medicare, Medicaid, and insurer submissions to determine if a Non-Group Health Plan should be the primary insurer. They will update their efforts to follow and document your claim in your record.

How Will You Know If You Owe Medicare?

If Medicare determines the other insurance should be primary, they will send you a conditional payment letter or notification, listing items or services they have paid for that they will pursue repayment for. Your letter will include an interim total payment amount on what Medicare has paid while your claim is still pending. There may be additional payments depending on what future treatment you need.

The Conditional Payment Notification is issued after you have settled your case. It will provide you with the steps and actions you must take. You must respond to this notification within 30 days with all required documentation. Medicare will then review your response and issue a payment demand letter.

Medicare recovery can be complicated. Fortunately, at Borbi, Clancy & Patrizi, LLC , we understand their processes, reporting requirements, and all necessary responses. We can guide you through this and ensure that Medicare does not recover more than they are entitled to. Give us a call today, and let us review your case.

Just Get in a Car Accident? 6 Tips to Keep in Mind

Wed, 08 Mar 2023 16:36:52 GMT

Most folks struggle to remain calm after a car accident. Sadly, the nervousness and pain push people to make costly mistakes. You must try to maintain your calm despite sustaining injuries. If you can maintain a calm demeanor, you will be able to do what you need to in order to properly recover and seek compensation.

1. Call the Cops

Calling the cops after an accident happens is essential. The accident could be minor, but you must involve the police. Besides, most states require you to inform the police after a car accident occurs. But why do you need cops at an accident scene?

Firstly, cops will protect the accident scene to prevent anyone from destroying or interfering with evidence. Secondly, the police will gather witness reports, administer DUI tests, and collect information from the parties involved. The cops will use the information to write a police report. Remember that you'll need all that information when filing an insurance claim or seeking legal redress. Therefore, calling the police will improve your odds of getting compensation and legal justice.

2. Seek Medical Care

Auto accidents are notorious for causing fractures and other nasty injuries. Unfortunately, some injuries will only reveal themselves after a couple of hours. So never decline medical attention, especially if the collision impact is significant. The cops at the accident scene can call an EMT to check up on you. Alternatively, you can request emergency medical care by calling 911.

As you receive treatment, ask the doctor to document the injuries and indicate all the necessary details. You'll need the medical information when making a legal claim. Also, stick to the treatment plan and follow the doctor's orders.

3. Remain at the Accident Scene

Most drivers panic after getting involved in an auto accident. However, you shouldn't leave the accident scene before the police and medical team arrive. The cops and insurance firms might assume you're guilty if you flee the accident scene. Besides, the other driver might argue that you left the scene because you were at fault.

Don't expect to get compensated for any damages and losses if you leave the scene. Never leave the scene before the police arrive. Staying around can only help your case.

4. Deny Fault

You can be at fault for a car accident but should never admit it. The police, other drivers, and insurance companies will use your admission against you. Surprisingly, admitting you were responsible for an accident can get you into trouble. If the case gets to court, the defense team will use the confession as evidence. Also, you may lose the right to compensation if you were at fault for causing the car accident.

5. Gather Evidence at the Scene

Although the police should collect evidence at the scene, you must also be involved. Don't just sit there waiting for the cops to do all the work. At least take pictures of the vehicles involved, the scene of the crash, and the injuries you've sustained. You can also use your dashcam footage as evidence. Don't forget to write down the other driver's contact information, insurance information, and license plate number, as well as the information of any witnesses.

6. Wait to Settle

Insurance companies will always tempt you to accept the first settlement offer. However, most first settlement offers aren't that good. In any case, you can get the insurance company to increase their offer, so, why settle for less? Insurance adjusters are quick to approach victims with a low settlement offer. Therefore, never accept any checks or sign releases an insurance adjuster presents to you before talking to a lawyer.

Simple mistakes will always hurt your claim or lower your settlement offer. Luckily, you can avoid the mistakes by engaging an auto accident lawyer from Borbi, Clancy & Patrizi. Always retain our attorneys immediately after you get into a car crash. Call us now to discuss your case.

Do You Need To Include Future Medical Expenses in Your Personal Injury Case?

Fri, 03 Feb 2023 03:40:04 GMT

Suppose you have suffered an accident or injury that has resulted in ongoing treatment. In that case, you may need to determine and include future medical expenses in your personal injury case. Understand these expenses, what they include, and how to prove them so you can calculate your future settlement.

What Are Future Medical Expenses?

Future medical expenses are various medical-related expenses that you may need after resolving your personal injury claim. Some of these expenses may include the following:

Physical therapy
Occupational therapy
Hospitalization
Medication
Surgery
Diagnostic testing
Rehabilitation care
Medical equipment
Home modifications
Long-term care expenses

Your actual costs will depend on your required treatments or services based on your injuries.

Will You Require Future Medical Expenses?

Not everyone requires compensation for future medical expenses in their personal injury case. While anything can happen in the future pertaining to your injuries, you cannot claim future medical expenses based on a maybe.

You cannot claim future medical expenses if a doctor states you have reached Maximum Medical Improvement (MMI) by the time a judge hears your case. Maximum Medical Improvement means that the doctor feels that no further improvement is possible no matter what type of medical treatment you receive. MMI does not mean that you are fully healed or back to your previous baseline, just that your doctor does not expect any future improvement.

You also will be unable to include future medical expenses in your claim if you have fully recovered before resolving your case. In this instance, you would only include your past or current medical expenses.

How Do You Prove Future Medical Expenses?

You and your personal injury attorney will use numerous methods to prove your future medical expenses. These methods will work both at settlement negotiation and trial. Some of these include the following.

Expert Testimony

Expert witnesses can provide some of the most vital testimony pertaining to your future medical needs. They can testify about the causes, consequences, complications, and future needs of your condition.

Some expert witness testimony in your case may include previous or current treating physicians and experts in the field. These experts may have never treated you but are familiar with your type of injury and the future care it will require.

Other expert witnesses may testify to the anticipated cost of future care in dollars and cents. Some of these calculations will be difficult to make, and in some cases, you will need to pad these numbers taking into consideration inflation and future rising medical costs. It will be vital to include these calculations but be prepared for objections from the opposing parties about the costs of future treatment and the need.

Medical Documentation

Your medical documentation is another essential component to proving your need for future medical expenses. Your records should not only show the past treatment you have already received but should also include recommendations for future treatments or procedures you may need later. X-rays or scans of the problem area may show why you need future care.

No one can predict what type of future medical care you need with 100% accuracy. You do not have to prove beyond a reasonable doubt that these expenses are vital. You just need to prove there is a reasonable likelihood of them occurring.

Borbi, Clancy & Patrizi, LLC would like to help you with your personal injury lawsuit. We can help you calculate your past, current, and future medical expenses and ensure that they are included in your claim. Give us a call today to schedule an appointment to review your case and get you on your way to your well-deserved compensation.

2 Crucial Elements in a Wrongful Death Claim

Thu, 02 Feb 2023 21:00:39 GMT

The wrongful death of a loved one is an unimaginable tragedy that can leave families feeling helpless and confused. In the wake of such a devastating loss, you should know your rights and understand how wrongful death claims work to seek justice for your family.

A wrongful death claim affirms that someone else's negligence caused the untimely demise of your loved one and allows you to take legal action against those responsible. But since wrongful death claims are complex and involve various legal elements, you need to prove the defendant's negligence. To do so effectively, you need to understand the crucial elements of wrongful death cases.

This blog post explores these elements further so you can make sure your wrongful death claim has all the pieces in place.

1. Duty of Care

Before you can prove negligence in wrongful death claims, you need to establish that the defendant had an obligation to act with reasonable care toward your loved one. This legal obligation, known as the duty of care, stems from the concept that people should act with a certain amount of caution and consideration for other people's safety.

The duty of care depends on the circumstances and relationship between the parties involved. For example, a property owner has a responsibility to maintain safe premises for visitors, and a doctor has to provide the standard of care expected from a reasonably skilled practitioner.

Once you prove that the defendant had a duty to act with reasonable care, you need to demonstrate that they breached their duty. Breach of duty occurs when the defendant fails to meet the standard of care expected of them, which results in harm or injury to a person.

For instance, if a doctor prescribes medication and fails to inform the patient of the risks involved, the doctor has breached their duty to provide standard care. Likewise, if a property owner allows hazardous conditions to exist on their premises and fails to warn visitors, they have breached their duty of care.

Your wrongful death claim could fall apart if you fail to prove the defendant's duty of care. Be sure to thoroughly investigate the defendant's legal obligations so you can properly demonstrate a breach of duty.

2. Causation

Once you prove that the defendant had a duty of care and they breached their duty, you need to establish cause and effect. You have to prove that the wrongful death of your loved one directly resulted from the defendant's failure to exercise reasonable care.

In wrongful death claims, causation necessitates an analysis of the actual and proximate causes. Actual cause is the direct link between the defendant's wrongful action and the victim's death. For example, if a driver runs a red light, hits another vehicle, and kills the passenger, the actual cause of death is the wrongful action of the driver.

On the other hand, proximate cause is the foreseeable consequence of wrongful action. For instance, if a doctor prescribed the wrong dosage of medication that led to fatal complications, the doctor's wrongful action is a proximate cause of death. In this case, the series of events set in motion by the wrongful act is basically what creates a foreseeable result.

To prove causation, your lawyer can use expert testimony, medical records, eyewitness accounts, and other evidence to establish a link between the wrongful act and wrongful death. They could even use the but-for test, which implies that without the defendant's wrongful action, the wrongful death wouldn't have occurred.

Once your wrongful death claim establishes the wrongful act and wrongful death, you can move on to prove damages. If you can prove this element successfully, you can secure wrongful death compensation for your family.

Understandably, wrongful death claims can be emotionally challenging and complex. At Borbi, Clancy & Patrizi , we take a personalized approach to wrongful death cases. We understand the complexities of wrongful death claims and will use our legal knowledge, expertise, and resources to help you get the justice and compensation you deserve.

Understanding Different Types of Wrongful Death

Wed, 28 Dec 2022 23:13:05 GMT

Losing a loved one is painful, especially when someone else's negligence or recklessness caused the death. And although you cannot do anything to bring them back, you can still seek justice for your loved one through a wrongful death lawsuit. Read on to understand wrongful death, its causes, and how to get help from a reliable attorney.

What Is Wrongful Death?

Under the law, wrongful death occurs when one person dies due to another's actions or negligence. The faulty party had a duty to keep the victim safe and failed to do so. For example, when a driver drives negligently and causes an accident, resulting in the death of another person, then the driver is legally liable for wrongful death.

What Are the Causes of Wrongful Death?

Discover some possible culprits of wrongful death and what to do.

Motor Vehicle Accidents

Car accidents are probably the most common cause of wrongful death. Negligent driving, such as speeding, distracted driving (texting while driving), or drunk driving, can easily lead to fatal accidents. In such cases, the victim's family can file a lawsuit against the at-fault driver, seeking justice and compensation for damages caused by their negligence.

However, for your case to be viable, you must prove that the other driver was driving negligently, that their negligence caused the accident, and that this directly resulted in your loved one's death.

Medical Malpractice

If a doctor or other healthcare professional fails to provide reasonable care for a patient, resulting in their death, you can sue the practitioner for wrongful death. To prove such cases, you must demonstrate the standard of care a similar healthcare provider provided in similar circumstances and how the defendant failed to meet it.

Defective Products

Defective products can also cause wrongful deaths if they malfunction or fail to work as expected due to design flaws or manufacturing defects. For example, suppose the seatbelt of a car fails to work in an accident, leading to its occupant's death. In that case, the manufacturer can be held liable for wrongful death.

In the same way, if a battery explodes due to design defects, resulting in a fire that kills someone, then the battery maker can be held responsible for wrongful death. Unclear labeling may also be used as evidence of a manufacturer's negligence.

Workplace Injuries

Employers should provide a safe work environment for their employees, free from any hazardous materials or activities. Suppose the employers fail to do so, and an employee dies due to negligence or recklessness on the employer's part. In that case, the employee's family can file a wrongful death lawsuit against the employer.

Criminal Activity

Intentional criminal activities such as murder can also be held liable for wrongful death. For instance, if burglars enter a house intending to steal but kill someone in the process, the burglar can be held liable for wrongful death. Similarly, if one dies from a sexual assault such as rape, the assailant can be charged with wrongful death and other criminal charges.

Consult a Personal Injury Attorney

If you lose a loved one due to someone else's negligence or recklessness, hire an experienced personal injury lawyer to help you through the legal process. A good attorney will protect your rights and maximize the compensation you receive for losing your loved one.

The lawyer will first assess your case to establish if negligence was involved, and if so, will help you build a case against the responsible party. Then, the professional will help you gather solid evidence, represent you in court, and negotiate with insurance companies to get the best possible outcome.

You can trust us at Borbi, Clancy & Patrizi, LLC, to provide you with the highest quality legal representation. Our experienced attorneys are here to help you through your wrongful death case, providing you with professional and compassionate representation. So contact us today for a consultation, and let us begin building your case.

What to Do After a Car Accident

Wed, 28 Dec 2022 23:07:44 GMT

Being involved in an accident is a shocking experience that can cause confusion. Immediately after the accident, you might be disoriented and wonder what to do next. However, even in that bewilderment, you likely want to take the right steps to avoid risking your life and that of other road users.

Also, the proper course of action after the accident can help you avoid liability for other people's actions. Additionally, you can gather strong evidence for your car crash claim on the accident scene. To ensure you're ready for such an occurrence, this article explores the necessary steps you should take if you're a car accident victim.

Get to Safety

Most people mistakenly believe they should stop at the scene of an accident, even when it's in the middle of a busy highway. However, if you get into an accident, your top priority should be to get to a safe area. While relocating to a secure location is not regarded as leaving the scene, don't take the car away from the scene.

Move to a safe spot near the accident scene where you can evaluate your injuries and damaged property. In such an area, you can also communicate with other drivers involved.

Check for Injuries

Once you have reached a safe area and you've regained your composure, look over yourself, your passengers, and anyone in the other car for injuries. Remember that the adrenaline rush may prevent you from noticing an injury you may have sustained and its severity.

As such, visit a medical facility for a checkup, even if you feel fine after an accident, to ascertain you sustained no injuries. Also, some injuries may be unnoticeable after the accident but may worsen over time to even become life-threatening.

After confirming you and your passengers are fine, check on the health status of the other driver. In case of minor injuries, cautiously administer first aid and call 911. Call first responders immediately for severe injuries to get the victims attended to as soon as possible.

Communicate With the Other Party

After ensuring your safety and that of others, get the relevant information from other drivers. Ask questions about the other driver's names, license numbers, license plate numbers, addresses, and phone numbers. Also, take note of the insurance providers of all the drivers involved.

However, be careful when speaking to the other party. Arguing, yelling, or blaming other involved parties can prove costly in the future. Thus, you need to remain calm regardless of who was at fault.

Also, when speaking to other drivers, avoid apologizing or admitting fault for the accident. Speak to a reputable car accident attorney who will guide you on the best course of action.

Acquire Relevant Claim Information

After acquiring crucial details of other drivers, gather the necessary evidence that might strengthen your car accident case. Consider getting visual evidence such as photographs and videos of the accident scene featuring road conditions, weather, landmarks, traffic signs, and marks such as skidding. Also, take photos of all the involved vehicles highlighting the damage suffered.

Such visual evidence can help your attorney reconstruct the accident to help determine who was at fault.

Also, if someone witnessed the accident, record their statement when the accounts are still clear and take their names and contact information. And when police report to the scene of the accident, make sure to get a copy of the police report.

If you're involved in an accident, contact an experienced car accident attorney immediately. The attorney will offer you legal guidance on the best course of action and your legal options. At Borbi, Clancy & Patrizi, we're ready to guide and represent you after a car crash. Contact us today for a free consultation.

5 Vital Documents When Filing a Personal Injury Claim

Mon, 07 Nov 2022 21:30:16 GMT

While you deserve compensation for injuries caused by another person's negligence, you must prove that the other party is at fault and that you suffered losses due to the injury. Damages for an injury include medical expenses, loss of income, loss of enjoyment, and pain and suffering.

Since insurance companies are businesses, most send adjusters who look for ways to lower your settlement amount. Lack of evidence opens a door for the adjusters to give counterclaims. Therefore, you need enough evidence to get a maximum settlement.

Below are some crucial documents for an injury case.

1. Police or Incident Report

The police officers who respond to a request for assistance at an accident scene write an incident report. This document provides details like the vehicles and people involved, the location of the accident, and a report of the possible cause.

Due to the information on this document, you can use it to prove that the other driver was at fault as well as to find key witnesses. You can get a copy of the police report from the local law enforcement officer's traffic department.

On the other hand, if your injuries are not a result of a car accident, like workplace-related and slip-and-fall accidents, the person in charge of the premises should write an incident report. Like a police report, an incident report includes details of the accident, providing clues on finding the additional evidence you need.

2. Witness Statements

Since a witness's statement is another person's story, you can use it to justify your claim if it matches your story. You can build a strong case if you find several witness statements that prove that the other party was at fault.

Also, look for expert witnesses to confirm that you sustained injuries and support your pain and suffering claims. Most insurance companies won't want to proceed to trial if you have an airtight case.

3. Photo Evidence

The photographs you take at an accident scene can help you recreate the story better than words. Therefore, the insurance adjusters, the judge, and any other party involved can understand the magnitude of the accident. You can also take photos of your injuries, like cuts and broken bones, to support your claim.

4. Medical Records

Since you must prove that your injury is real, you need medical documents as evidence. Medical documents also help prove that you experienced pain and suffering and suffered financial losses in the form of medical bills.

You can only build a strong injury case with crucial medical records like examination results, receipts for paid medical expenses, drug prescriptions, and notes from your doctor visits.

5. Proof of Lost Wages

If you lost some wages due to the time you spent out of work, you should provide the documents required to calculate the amount lost. Also, if you lost your ability to work, the documents can help the court determine your lost future wages.

Such documents include:

Your pay stubs from before and after your accident
Documents showing when you were admitted to the hospital and when you left
A letter from your employer explaining why you didn't get your full salary

No matter the severity of injuries in an accident, you need the right documents and enough evidence to receive maximum compensation. So, if you have an injury case, make sure that you have the documents above to ensure success. An experienced personal injury attorney can help you find all the required documents.

At Borbi, Clancy & Patrizi, LLC, we have a team of experienced personal injury attorneys dedicated to helping our clients receive full compensation for their injuries. Contact us today to schedule a consultation.

Injured on Someone's Property? The Basics of Premises Liability

Fri, 04 Nov 2022 18:42:57 GMT

Who is legally liable for your personal injury? This is one of the most fundamental questions to answer in order to seek and win damages from any party after an injury. While the answer may sometimes be clear — such as when another driver hits your car — it is more complex in other situations. Determining who is liable when you're injured on the property of another party is one of these complicated cases.

To help you find the best avenue to get the compensation you need to recover, learn what every New Jersey injury victim needs to know about premises liability.

What Is Premises Liability?

Premises liability law is the legal responsibility that property owners and others have to provide a safe environment for others. Every state requires that property owners take at least some responsibility for maintaining that safe environment, although the level to which they must go varies.

Who May Be Liable?

The most likely party responsible for any property is that property's owner or owners. After all, they have ultimate control over its condition and upkeep even if they aren't physically on the site.

However, others may be liable, too, if they had control over the environment. If you're injured at a rented house, both the landlord and the tenant may have some liability for individual failures to keep a safe environment. Hit on the head by a speaker at a wedding? Liability may fall in parts on the venue owner, the person who owns the speaker, the hosts, another vendor, or even the wedding coordinator.

How Does Visitor Status Affect Premises Liability?

A number of key nuances exist in premises liability law. One of the most important is the injured party's status or why they were on the property. In New Jersey, as in many states, persons on a property are categorized based on the reason they're there and whether or not they had permission.

In general, the highest level of care is expected toward a person who comes on a property as a business invitee. This may include customers, employees, vendors, business partners, and others whose purpose in being there is to potentially increase the income of the property owner. Because this is a profit-building exercise by the owner, the standards for maintaining a safe environment are high.

The next category is known as a licensee — a broad term referring to persons who are legally allowed to be on the property for other than business reasons. These are your friends and relatives, the person fixing your water heater, the meter reader, delivery drivers, and others. The property owner or manager isn't held to as high a standard as for a business invitee, but they must warn licensees of known dangers.

Finally, an uninvited and unauthorized person is known as a trespasser. Trespassers are not on the property legally. The duty of care in New Jersey is minimal toward trespassers due to violating the property. In general, the property owner's responsibility is limited to not intentionally or recklessly causing harm to the trespasser.

Where Can You Learn More?

Premises liability is a wide-ranging subject. Many parties may share liability. Your own status as a visitor can have a big impact on their responsibilities. And knowing your rights is key to receiving proper compensation from any party who bears responsibility.

Where should you start learning more? Borbi, Clancy & Patrizi can help. We've assisted many of your New Jersey neighbors with their personal injury needs, and we can help you too. Call today to make an appointment or get answers to your questions about injury and premises liability.

Everything You Need to Know about Nursing Home Negligence Cases

Thu, 08 Sep 2022 20:52:02 GMT

According to the Kaiser Family Foundation (KFF), there are more than 15,000 certified nursing homes in the US. Nursing homes are essential for those who cannot care for their older relatives due to work-related and other obligations. Seniors with no living relatives and those who cannot afford to pay caregivers also benefit from nursing homes.

But what happens when you or a loved one gets hurt by the people you trusted to care for them? Unfortunately, nursing home abuse and neglect are common issues affecting many nursing home residents.

If you or a loved one has suffered nursing home abuse or neglect, you can sue the responsible nursing home for compensation. Learn more about nursing home negligence cases below.

Instances You Can Sue a Nursing Home for Negligence

Nursing home negligence occurs when the staff in a nursing home fails to provide adequate care to residents resulting in injury or death. Some instances of negligence include:

Personal Hygiene Neglect

This negligence is when caregivers fail to help residents with personal hygiene activities such as bathing and laundry.

Negligent Supervision

When the staff fails to watch over a senior vulnerable to falls or may injure themselves, they get hurt.

Medical Neglect

This form of neglect is related to medical malpractice. It is when caregivers fail to provide residents with the appropriate medical standard of care, such as administering medication and addressing medical concerns. Some nursing home staff are also guilty of overmedicating residents.

Emotional Neglect

When caregivers isolate residents, verbally abuse them, ignore them repeatedly or punish them, it counts as emotional abuse and neglect.

Care Negligence

Care negligence happens when caregivers fail to care for residents, causing health and safety issues like bed sores, malnutrition, dehydration, and falls.

Nursing homes that accept Medicare must also follow regulations on the standard of care. These regulations postulate that nursing facilities must ensure that:

Residents receive adequate supervision and access to assistive devices for accident prevention purposes
The facility is free of safety hazards
Residents receive care that is consistent with professional standards
Residents get sufficient nutrition

What You Need To File a Nursing Home Negligence Lawsuit

Legal representation is the first thing you need when filing a nursing home negligence lawsuit. An experienced nursing home negligence attorney helps you file a formal legal complaint and build your case.

A formal legal complaint is the most important document in the case because the document covers the facts relating to the incidence of neglect and names the parties involved. After filing your complaint, your attorney helps you get evidence to prove your claim.

You may need a doctor's report to prove any injuries or health issues you claim resulted from neglect. Eye witness accounts, photographs, copies of written communications, and nursing home records are also essential in nursing home neglect lawsuits.

When Is the Best Time to Sue a Nursing Home for Negligence?

The sooner you file a negligence lawsuit, the better. Waiting too long to file a lawsuit may make it hard to prove your claim. Additionally, statutes of limitations prevent people from filing lawsuits after a certain period.

In New Jersey, the statute of limitations for nursing home negligence cases is two years. That means you cannot file a negligence lawsuit against a nursing home two years after the incident occurred.

How Much Compensation to Expect From a Nursing Home Negligence Lawsuit

The compensation you receive from your lawsuit depends on the factors of the case. The compensation amount may depend on:

Economic damages like medical treatment expenses
Non-economic damages like pain and suffering
Punitive damages charged to punish the negligent party

It is devastating when the people you have trusted to care for your elderly loved ones neglect their duty of care. That is why at Borbi, Clancy & Patrizi, LLC, we dedicate ourselves to helping you get the compensation you deserve for this gross breach of trust. Contact us today for legal representation in your nursing home negligence lawsuit.

Which Damages Can You Recover in Your Personal Injury Case?

Thu, 08 Sep 2022 20:45:56 GMT

You are entitled to compensation if you have suffered physical and mental harm due to another party's intentional and negligent actions. The law allows injured parties to seek different damages, depending on their case. Explore these damage categories below.

Special Damages

An accident's aftermath brings many unexpected costs that drain your savings. Special compensatory damages reimburse these expenses and cover future costs related to the accident. The damages include the following.

Medical Expenses

Medical expenses are the primary concern for people involved in accidents, as the costs for imaging tests, medication, consultation, surgeries, and therapy quickly add up. For people without insurance, paying these fees out of pocket puts a strain on their savings and family.

In addition to recovering the medical expenses you have incurred, a personal injury attorney will help you recover future healthcare costs if you acquired injuries requiring long-term treatment. Keep all medical receipts, invoices, and treatment plans to help the attorney recover maximum compensation.

Lost Income

The court awards this compensation for lost wages due to time spent off work nursing injuries. Also, your attorney can help you recover the money you would have made in the future if you didn't suffer injuries from the accident. Tax returns and check stubs demonstrate how much money you would have made if you had not taken the time to seek medical treatment for the personal injury.

Costs of Living with Disabilities

Workplace and auto accidents cause physical disabilities that affect the victim's lifestyle. For example, you may remodel your home to improve accessibility or arrange for full-time nursing care. The liable party will have to help pay for these changes.

Loss of Earning Capacity

You are entitled to compensation if the personal injury causes a long-term or permanent inability to return to your job or seek lower-paying work. In case of severe injuries that prevent you from working, an economic professional calculates the money you would have made for the rest of your career depending on your age, education, work experience, rates of promotions, and other factors.

Property Damage

A personal injury attorney also pursues repair or replacement costs if the accident damages your car, home, bike, or other assets.

General Damages

General or noneconomic damages include losses that aren't easily quantifiable. For instance, juries, judges, and insurers cannot determine the quantity of physical pain, suffering, and mental anguish you suffered due to the accident.

Loss of enjoyment of life is another compensation category, in which an attorney demonstrates how your injuries keep you from engaging in hobbies and social activities. Many victims of personal injuries find their quality of life significantly reduced and deserve compensation for the inability to enjoy pleasures that bring joy.

Your spouse is also entitled to loss of companionship compensation due to losing comfort, assistance, sexual relations, and other intangible marital elements.

Your attorney's skill is crucial when you seek noneconomic damages since they are difficult to calculate. Compensation for noneconomic cases typically varies in similar cases because these losses are inherently subjective. An experienced attorney argues the issue from all angles and includes all losses.

Punitive Damages

Courts apply punitive damages in exceptional cases to punish a defendant for extremely negligent behavior. Unlike economic and noneconomic damages, punitive damages are imposed to deter the defendant and other entities from repeating the negligent action.

For instance, a pharmaceutical company that supplies prescription drugs, knowing they pose health risks, may attract substantial financial fines. A court can also punish a company selling defective products or a defendant whose malicious acts like sexual assault, battery, and drunk driving cause pain and mental distress.

However, each state has different guidelines for awarding punitive damages. New Jersey permits punitive damages, but you must show that the plaintiff acted in total negligence of the safety of others or out of malice.

The sooner you consult an attorney after a personal injury, the quicker you receive compensation for tangible and intangible losses. Contact us at Borbi, Clancy & Patrizi, LLC, today to get the money you deserve.

The Ultimate Tips to Maximize Your Personal Injury Settlement

Mon, 01 Aug 2022 16:16:28 GMT

Personal injury cases are legal disputes that arise when someone claims compensation for injuries caused by a third party due to a negligent act. These cases comprise 10 percent of all civil cases filed in court.

Personal injury cases are a tough nut to crack. You have to negotiate with the responsible party's insurance company to get compensation for expenses related to the accident.

Insurance companies avoid paying out too much money in compensation. Thus, the insurance company may try every trick in the book to minimize your settlement amount. How do you beat the insurance company at their own game to get the compensation you deserve?

Read on for the ultimate tips to maximize your personal injury settlement.

Know the Full Value of Your Claim

When you report your accident to your insurance company, the company directs you to an insurance adjuster. The work of the insurance adjuster is to investigate your claim and determine how much compensation the insurance company owes you.

The insurance adjuster does the following to evaluate your claim:

Examine the evidence you present
Talk to witnesses
Review the official report on the accident
Personally inspect the damage

Remember, the insurance adjuster looks after the insurance company's interests. So, after investigating your claim, they will look for loopholes they can use to minimize your settlement amount.

When you do not know the total value of your claim, you may make the mistake of accepting a meager settlement. So, before talking to an insurance adjuster, talk to a lawyer who will help you evaluate your losses from the accident.

Some costs to consider when evaluating your losses include:

Ongoing and future medical treatment
Emotional and psychological trauma
Loss of income and earning capability
Property damage from the accident

Calculate your costs and come up with a specific minimum settlement amount to ask for from the insurance provider.

Present Thorough Evidence

The value of your claim depends on the amount of evidence you present. First, you need to prove that you got injured in the accident. When you go to the doctor, ask them to record everything you tell them.

Do not be embarrassed to talk to your doctor about any of your injuries. After receiving your diagnosis, follow the doctor's instructions exactly. If they ask you to see a psychiatrist for a trauma evaluation, do so. If you need physical therapy, show up to all appointments.

Save all your prescription bottles and keep a diary of your physical limitations after the accident. Talk to witnesses who can vouch for you if your claim is in question. Present receipts of all expenses you incurred due to the accident.

Photographic evidence of the accident scene, your injuries, and property damages from the accident also helps prove your claim.

Do Not Rush to Settle Your Claim

Dealing with the aftermath of an accident is challenging. Therefore, it's understandable if you want to settle quickly and get over the incident. However, you risk shortchanging yourself in the process.

Insurance adjusters begin negotiations by offering a low settlement amount. If you jump at that offer, you may get a settlement that barely covers your damages. Besides, some injuries from an accident may take time to manifest. If you rush to settle, you may not be able to afford any medical costs you incur down the road.

Engage a Personal Injury Lawyer

Negotiations for compensation can get tricky. If you are not a good negotiator, hire a personal injury attorney to represent you. An attorney is an asset in a personal injury case in which there is a question of fault, as they help you prove your lack of fault.

If your case demands a large settlement amount, insurers and the at-fault party may not take you seriously without a lawyer. It is also a good idea to consult an attorney if your injuries from the accident are severe, as it allows you time to recover without the hassle of navigating settlement negotiations.

At, Borbi, Clancy & Patrizi, LLC , we know the toll that accidents have on victims, and we commit to helping our clients get justice. Contact us today for legal representation on your personal injury case.

Medical Malpractice: Everything You Need to Know

Mon, 01 Aug 2022 15:49:40 GMT

Though only a small percentage of victims file lawsuits, medical malpractice happens regularly and leads to injury or death. According to John Hopkins, 10% of deaths in the US are due to medical errors. If you sustain an injury due to a doctor's negligence, you can file a lawsuit to demand compensation.

However, medical malpractice cases are complex, especially in terms of proving fault. This guide answers all the questions you might have about medical malpractice.

What Is Medical Malpractice?

Medical malpractice is any act of negligence during a patient's treatment. Negligence can happen in various stages of the treatment process, including diagnosis, treatment, medication, and aftercare. However, you cannot sue your doctor for any form of harm you experience while under their care.

Below are some ways to determine if your case qualifies as medical malpractice:

You hired the defendant's services: You can only seek compensation for your injuries if you asked for medical assistance from the defendant and they agreed.
The doctor acted negligently: You can only receive compensation for your injuries and sue for malpractice if you prove that the doctor did not act professionally during the treatment.
The doctor's negligent actions caused injuries: you must prove that the doctor's negligence caused physical harm. Moreover, you must prove that your injuries were avoidable if the doctor followed the standard of practice.
The injury caused specific damages: In addition to proving harm, you must also prove your injuries harmed your life, like leading to physical and emotional pain, lost wages and capacity to earn, or large medical bills.

If your situation meets these standards, then you could have a successful case.

Are Medical Malpractice Cases Common?

Several types of medical malpractice exist, but some happen more often. Below are some common types of medical malpractice.

Misdiagnosis

You deserve compensation if you experience medical complications because a doctor treated you without proper diagnosis or made a wrong diagnosis. Though most misdiagnosis cases are due to a doctor's failure to identify signs and symptoms, you can also claim compensation if your doctor fails to refer you to a specialist or request medical testing.

A late diagnosis can also delay treatment, worsening the patient's condition or leading to death.

Improper Treatment

Improper treatment is a negligence case in which a medical practitioner handles a patient's condition in a way that a competent doctor should not. For example, you can file a medical malpractice lawsuit if your condition worsens because a doctor did not administer the appropriate treatment.

Failure to Treat

Failure to treat is any omission of crucial steps during and after treatment. For example, a doctor is at fault if they release a patient too soon or if they don't check the patient's medical history before commencing treatment or prescribing a drug.

Medication Errors

Prescription drug errors, like wrong medication or dosage, could cause severe allergic reactions or even death. A competent doctor should check a patient's medical history for possible allergic reactions to a particular drug.

Do Medical Malpractice Lawsuits Have a Time Limit?

Most personal injury cases have a deadline for filing. If you file late, you might lose your legal right to sue. Though the amount of time one has to file a malpractice claim may differ from one state to another, New Jersey requires medical malpractice victims to file a lawsuit within 2 years from the date the malpractice occurred.

Now that you know some basics of medical malpractice, use the information to evaluate your medical malpractice case and seek compensation where you deserve it. At Borbi, Clancy & Patrizi, LLC, we protect our clients' rights by handling their claims effectively and professionally. Contact us today to experience our customer-centric services.

5 Times to Contact a Personal Injury Attorney Quickly

Tue, 05 Jul 2022 21:55:16 GMT

Approximately 97.9 million emergency department visits in the US are related to personal injuries. Personal accidents can be minor such as cuts, or severe such as head injuries and internal bleeding. Such injuries can significantly disrupt your life physically, financially, and psychologically.

However, many people do not know when to contact a personal injury attorney. Since waiting too long can affect your case, discover five instances when to contact a personal injury lawyer quickly.

1. When You Have Severe Injuries

A qualified, licensed, and experienced personal injury attorney represents clients with either minor or severe injuries. You can get away with not contacting a lawyer if you sustain minor injuries such as sprains. However, you should never wait too long for severe injuries such as trauma affecting the spinal cord and head. The reason is that most serious injuries are debilitating and attract higher financial compensation.

Additionally, the fair value of compensation for severe injuries must consider potential future implications. An experienced personal injury attorney knows how to navigate the complexities of claims involving severe injuries. Therefore, they will make sure you receive fair compensation in good time.

2. When an Insurance Company Contacts You

Typically, private and public establishments purchase insurance policies to protect against public liability, such as injuries to the general public. Therefore, insurance companies usually work in the best interest of their clients in case of injury claims. Most insurers usually contact the injured party in a bid to fast-track the compensation process.

Ideally, a personal injury lawyer will advise you to contact them immediately after receiving communication from the other party's insurer. The reason is an insurer could offer you a compensation amount that does not reflect the impact of your injuries.

Most importantly, a personal injury lawyer will ensure you receive the proper compensation. An attorney will help keep your incident report private since 5% of personal injury cases end up in court.

3. When You Have a Short Statute of Limitations Period

Few people understand the impact of the statute of limitations with personal injuries. Different legal issues have varying prescriptive periods that injured parties must observe. Therefore, a personal injury lawyer cannot do much if you contact them beyond the statute of limitations period. In New Jersey, the statute of limitations for personal injuries is only two years .

While two years might seem like a long time, it is not in a legal context. Personal injury attorneys need enough time to analyze your case, investigate the accident, identify the party at fault, and negotiate a settlement. A personal injury attorney must perform all the tasks to guarantee fair compensation. Therefore, contact your attorney immediately after an accident to improve the chances of a just settlement.

4. When Insufficient Investigations Have Happened

The police department and insurance companies must investigate and solve personal injury cases. However, time limitations might hinder the quality of investigations. Unfortunately, relying on the findings of inadequate investigations might significantly reduce the compensation you are entitled to.

Indeed, you might not be conversant with investigation procedures because you are not an expert. However, assessing investigators' efforts can help determine whether investigations are inadequate. In such instances, immediately contacting a personal injury attorney is prudent. Your lawyer will allocate enough resources to gather as much evidence as possible to build a solid case.

5. When You Experience Delay Tactics by an Insurance Company

A personal injury claims process can be complicated. Therefore, all involved parties must work together to wrap up investigations in good time and agree on a fair settlement. Although some insurers do not have a problem accelerating the process, others can apply delay tactics.

You need to be wary of the latter because it increases the chances of running down your case's statute of limitations. In most cases, limited communication from an insurer is a telltale sign of such delay tactics. Therefore, contact a personal injury lawyer immediately if you sense that an insurance company is ignoring you.

Knowing when to contact a personal injury lawyer is important. The lawyer improves your chances for a fair hearing and compensation while holding the at-fault party accountable. If you need such a lawyer, reach out to Borbi, Clancy & Patrizi .

Instances You Can File a Hospital Negligence Lawsuit

Tue, 05 Jul 2022 21:35:21 GMT

When you visit the hospital, you should trust your doctor to provide the proper care for your health. So what happens when a doctor's actions or decisions compromise your wellbeing? Each year, medical errors claim the lives of more than 250,000 people , while others end up hospitalized.

If you suspect that you or a loved one is a victim of hospital negligence, you may seek legal redress. However, medical malpractice cases are tricky. Thus, understand whether you are justified in filing a lawsuit before beginning the case process.

This article highlights circumstances under which a person may file a hospital negligence lawsuit.

Incorrect Prescription and Medication

Medical providers prescribe and administer medication to several patients each day. Unfortunately, healthcare providers sometimes prescribe the wrong type or dosage of medication. Other times, a doctor fails to consider a patient's allergies or signs of addiction when prescribing medicine.

You may sue the at-fault healthcare provider for negligence in the above cases if you suffer injury from the medication. Sometimes, prescription and medication errors result in death. Contact a medical malpractice attorney for help evaluating your case and gathering evidence to prove your claim.

Diagnostic Errors

Misdiagnosis and delayed diagnosis are common diagnostic errors. Misdiagnosis is when a medical provider incorrectly diagnoses a patient, resulting in the wrong treatment. A delayed diagnosis is when a doctor does not identify a health issue in time, resulting in late treatment or no treatment.

Cancer, vascular diseases, and infections are common misdiagnosed illnesses. Diagnostic errors often result from a judgment error. Other errors that result in misdiagnosis include:

Failure to order medical testing
Mislabeled lab results
Medical test errors
Failure to recognize clinical symptoms

You may file a case against a doctor if you believe they failed to exercise their duty of care during the diagnostic process.

Surgical Errors

If a surgeon makes an avoidable mistake during surgery that harms you, you can sue them for negligence. However, your claim is only valid if the surgeon did not follow the medical standard of care.

Some avoidable surgical errors include when a doctor:

Operates on the wrong site
Leaves a surgical tool in the patient's body after surgery
Performs the wrong surgical procedure on a patient
Injures or damages a nerve or body part during surgery
Administers the wrong amount of anesthesia

Failure to Treat

Sometimes, doctors fail to provide patients with the appropriate standard of care during treatment. You may sue a doctor for failure to treat when they:

Fail to recommend necessary aftercare on discharge
Discharge you from the hospital too early
Fail to consider your medical history when recommending treatment or medication
Fail to order necessary medical tests before diagnosis

Failure to treat is common in hospitals where doctors handle a larger volume of patients that is manageable. Doctors who value profits over their patients' wellness may also fail to administer the proper care.

Birth Injuries

The news that you are about to become a parent is one of the best moments you may ever have. But, hospital negligence can turn your experience into a bad dream. Doctors who fail to exercise their duty of care toward mothers and unborn babies may harm both parties.

Negligence that may result in birth injuries includes:

Inadequate prenatal care
Failure to diagnose medical conditions that may cause pregnancy complications
Failure to diagnose signs of birth complications
Mishandling the baby during or after birth
Failure to perform a necessary C-section
Misuse of assistive devices that results in injury

Any of the above errors may result in the death of the baby, the mother, or both. A child may also require long-term care due to a birth injury. Consult a hospital negligence attorney if you believe a doctor's treatment during pregnancy and birth resulted in complications or injury.

A hospital is a formidable opponent in a hospital negligence case. But, with the right legal representation, you can get the justice you deserve. Contact us today for legal representation on your hospital negligence case in Marlton, New Jersey.

3 Steps to Win a Dangerous Baby Food Lawsuit

Fri, 03 Jun 2022 18:40:09 GMT

Dangerous food can leave your baby with severe injuries, some of them permanent. You deserve compensation for injuries stemming from toxic baby food. Below are three steps to help you win the compensation.

1. Prove the Baby Consumed the Food

The first step is to prove that the baby consumed the food in question. You don't have a claim if your baby nearly ate the food, but you learned about the danger in time (say a neighbor warned you) and prevented the consumption.

One of the best ways to prove that your baby ate the offending food is to use their medical records. This proof should be easy if you took your baby for a medical checkup as soon as you suspected their medical problem. Prompt medical care ensures the medical team handles the baby with the offending food still in the baby's system.

Alternative proofs include:

Video footage, for example, CCTV footage of the baby eating the food
Food purchase receipts
Eyewitness testimony

Gather as much evidence as possible to present irrefutable proof of the consumption.

2. Determine That the Food Was Defective

You also need to prove that the food your baby consumed was defective. A claim for baby injury falls under product liability. The law recognizes the following forms of product liability claims.

Design Defect Claim

A design defect arises if the person who creates the product does so in such a way that the final product is dangerous irrespective of how you use it. Consider a new baby formula that uses ingredients that are safe if you use them individually but dangerous if you mix them. That formula would be dangerous even if you use it as the manufacturer intends.

Manufacturing Defect Claim

A manufacturing defect claim applies if the product has a safe design, but a manufacturing error rendered it dangerous. Consider a baby milk product that contains just milk and safe preservatives. That product would be safe if the manufacturer ensured the final product only had milk and approved preservatives.

However, the milk would be dangerous if poisonous metal, such as mercury, contaminated it during packaging. In such a case, you can file a manufacturing defect claim against the milk manufacturer.

Failure to Warn Claim

A failure-to-warn defect means the manufacturer failed to provide adequate instructions or warnings about their product's safety. This defect typically applies to products that are safe if you use them in certain ways but dangerous in other uses. Unless the danger is obvious, the manufacturer should warn you.

Consider baby food with a novel ingredient that the manufacturer claims is a wonder food but is dangerous above a certain amount. The manufacturer should clearly warn about the risk of consuming the ingredient above the safe limit. Otherwise, you have a failure to warn claim if the ingredient harms your baby.

3. Show That the Baby Suffered Harm

Lastly, you must prove that the baby suffered actual harm because of the defective food. Actual harm means the baby got sick and required medical attention. For example, you don't have a claim if the baby was just upset with the food or refused to eat. You need actual damages, preferably monetary damages.

Again, you can use medical records to prove the harm your baby suffered because of the defective food. The records will show the diagnosis, treatments, and treatment costs, among other things. Once you have the medical damages, you can add other damages, such as:

Pain and suffering
Lost wages (maybe you took time off work to look after the baby)
Replacement services (for example, the cost of round the clock care your baby needs due to the injury)

Your personal injury attorney will help identify and prove the damages.

Borbi, Clancy & Patrizi, LLC, is dedicated to protecting the rights of all injury victims. We promise to do our best to get you the compensation you deserve. Contact us for a free initial consultation to assess our case and determine the way forward.

What You Need to Know About the One-Bite Rule

Fri, 03 Jun 2022 18:09:54 GMT

There are over 4.5 million dog bites in the U.S. every year. If a dog has bitten you, you should file a personal injury claim. One common legal standard for dog bite injuries is the one-bite rule. Here is a general overview of the one-bite rule and its effects on your dog bite injury case.

What Is the One-Bite Rule?

The “one bite” regulation is now in effect in 16 states in the United States. In the past, under the one-bite rule, a dog had one free pass before its owner was held responsible. This rule has been modified, and now a dog owner can be held liable under certain circumstances even if their dog has never injured a person before.

If a dog tends to jump on people and knock them down, this is enough notice that it could do it again. Also, if a dog growls at people, this is a sign that the dog is dangerous and is likely to attack someone. Additionally, if a dog is trained to attack, it has the potential to bite someone. Breeds known for viciousness like pit bulls also provide enough notice to a dog owner that they could bite someone.

There are situations when a dog owner may not be considered to know their dog's propensity for violence. For example, if a dog only barks at strangers, its barking nature may not be enough to claim a personal injury. Also, if a dog nips at other pets but isn't violent towards people, a dog bite may be unprecedented.

Strict Liability Vs. the One Bite Rule

Under the strict liability standard, a dog owner is liable for a dog bite injury regardless of whether they could have avoided the incident. In this case, the one-bite rule may not be sufficient defense for a dog owner against a dog bite injury.

However, the strict liability concept may not apply under certain circumstances. First, if the injured person was trespassing in the area where the attack occurred, the dog owner may be absolved of any wrongdoing.

There are cases when trespassing may not absolve a dog owner from liability. For example, if it's reasonable to expect people to come to your property and you don't take any measures to discourage them from trespassing.

This principle mainly applies to children who may wander into a neighbor's yard to play with pets. In this case, the dog owner has a legal responsibility to prevent children from entering their yard or to prevent their dog from hurting kids.

Secondly, if the injured party provoked the dog, the dog owner may not be held liable for the injury. Provocation may come in various forms, like accidentally stepping on a dog's tail, petting a dog when it's eating, intervening in dog fights, or spraying repellent on a dog.

If the injured party is a small child, who doesn't know the consequences of their actions, it doesn't matter whether they provoked the dog — the dog owner will be held strictly liable for their injury.

Other Situations When the One Bite Rule Doesn't Apply

The one-bite rule is inconsequential if an injured person is responsible for the dog bite. If a dog owner can prove that you knew about the risk of a dog bite but chose to risk anyway, they may be absolved from a personal injury claim. For example, if you ignored a "beware of dangerous dogs" sign, the owner may not be held liable for your injury.

This rule mainly applies to veterinarians and other people who work with dogs like pet sitters, groomers, and kennel operators. These people accept the risk of dog bites as part of their job description.

A dog bite can lead to the risk of rabies or other infections. Borbi, Clancy & Patrizi, LLC is experienced in personal injury cases arising from car accidents, and even dog bite injuries. Reach out to us to review the options for your dog bite injury claim.

Dangerous Motorists and Tips to Stay Safe Around Them

Wed, 30 Mar 2022 17:01:59 GMT

Some motorists engage in more dangerous behaviors than others. Some of the dangerous behaviors are intentional, while others are unintentional. However, dangerous behaviors increase the risk of a crash, whether intentional or not. Below is an overview of such dangerous drivers and what you can do to stay safe around them.

Examples of Dangerous Drivers

Dangerous driving comes in various forms. Dangerous drivers can trigger different types of accidents. For example, dangerous drivers can force you off the road, crash into you, or lose control of their cars. Below are dangerous drivers to be aware of on the road.

Impaired Drivers

An impaired driver has chemicals in their system that affects their ability to drive safely. For example, alcohol, prescription drugs, and hard drugs can:

Impair a driver's vision
Affect a driver's reaction time
Interfere with a driver's hand-eye coordination

For example, an intoxicated driver might misjudge an oncoming car's speed and change lanes when it's dangerous to do so.

Distracted Drivers

Driving distractions come in different forms. The distractions can be intentional or unintentional. Common examples include:

Using the phone
Playing with kids or pets
Thinking about non-driving activities
Eating
Focusing on roadside activities

Driving distractions prevent motorists from focusing on the road or identifying dangers. For example, a distracted driver can drift out of their lane onto yours, hit a stalled car, or drive into a pothole.

Drivers with Road Rage

Some drivers get angry and impatient if they don't get their way on the road. Some take it a step further and respond with aggression or violence. For example, an impatient driver might run you off the road if they feel you cut in front of them. Such a driver might cause you to lose control of your car, crash into you, or even force you to crash into other road users.

Teen Drivers

Teenage drivers are involved in more accidents than they should be if you consider their numbers on the road. The risk increases even further for male and recently licensed teenage drivers. The presence of teenage passengers also increases the risk. The enhanced risk makes sense due to teenage drivers' inexperience and risk inclination.

Drivers With Abrupt Movements

Safe driving requires gentle and deliberate movements. For example, drivers should accelerate, decelerate, change lanes, and execute turns gradually. However, a dangerous driver might overtake you only to slam the brakes, cut in front of you, and force you to brake or accelerate fast.

Safety Tips

Every motorist has a role to play in road safety measures. The tips below may help you avoid dangerous situations.

Report Criminal Acts

Some dangerous drivers engage in criminal acts. For example, impaired driving is a criminal offense. Pull off the road to a safe place and inform the authorities if you suspect an intoxicated driver. That way, you get to protect yourself, the intoxicated driver, and other road users.

Avoid the Dangerous Drivers

Keep away from dangerous drivers as much as possible. For example, you can change lanes if you notice another driver tailgating you. You can even slow down and let them overtake you. The idea is to leave a safe distance between you and the dangerous driver so that their mishaps don't affect you.

Alert the Driver

Some drivers engage in dangerous practices without knowing it. For example, a distracted driver might tailgate you without knowing. Alert such drivers, for example, by tapping lightly on your brakes.

You might get into a crash with a dangerous driver despite your best efforts to avoid them. Resist the temptation to confront such drivers because you might only escalate matters. Instead, handle the accident just like any other — preserve evidence and contact Borbi, Clancy & Patrizi, LLC. We will help you pursue the auto accident compensation you deserve.

Driving Again After a Serious Accident

Wed, 30 Mar 2022 16:52:11 GMT

Many people develop an extreme fear of driving after a serious accident. Such fear can deeply affect your life and even increase your risk of another accident. To overcome these obstacles, you should address your fear. You should also receive compensation if your fear rises to the level of a mental health problem.

Tips to Overcome Your Fears

You need time to overcome your driving fears. The following tips can enhance your recovery.

Start Small

You might panic if you resume driving as if nothing has happened to you. Start small and ease your way into your normal driving routine. For example, you can even start as a passenger before getting behind the wheel. Get someone you trust to drive you around on short trips until you regain confidence.

Once you regain your confidence, start with short errands or even short leisure driving. For example, you can volunteer for short errands such as grocery shopping. Drive slowly and ensure your maneuvers are careful and methodological.

Don't Avoid the Scene

Don't avoid the accident scene, for example, by taking longer routes to work. The experience might fester in your subconscious and worsen without your knowledge. Accept what happened and drive through the scene if you have to. The experience will bolster your confidence behind the wheel.

Share Your Experience

Don't avoid the accident as a conversation topic, just like you should not avoid the accident scene. You may even find it helpful to go out of your way and share your experience with others. Talk with family members and trusted friends. Join support groups for people going through comparable experiences. That way, you don't bottle up the negative emotions and choke on them.

Take Defensive Driving Classes

Hesitancy and anxiety might plague your first driving sessions after an accident. Such things increase your risk of a crash. For example, you might hesitate too much when merging or changing lanes. Take defensive driving classes to help you overcome such issues. The classes improve your driving skills and safety by teaching you to anticipate and respond to different situations.

Get Professional Help

Lastly, you may need professional help to help you overcome your fears. Ask your loved ones, friends, or family doctor for a therapist referral if you don't have one already. Therapists use their provisional skills and experiences to help people overcome mental health issues. Below are some treatment methods your therapist may use:

Cognitive-behavioral therapy that helps you to recognize and change the troubling behaviors and thoughts
Medications, such as those that dampen anxieties
Hypnotherapy that creates a mind-body connection and helps you to concentrate and confront your fears

Your therapist may use a combination of these treatments or other techniques to help you.

Compensation

The defendant should compensate you for all damages related to your accident, including your mental health issues. Below are tips to prove your case and win maximum damages.

Get Medical Care

Professional help helps you overcome driving fear and prove your case in court. Follow your therapist's advice closely to prove your damage-mitigation efforts to the defendant. Use your medical records to prove your treatment costs.

Prove Physical Injuries

Mental health problems are difficult to prove because they are invisible. Proving mental health problems without physical injuries is even harder. Prove your physical injuries and link them to your anxiety to strengthen your case.

Use Expert Testimony

Expert witnesses use their education and experience to shed light on issues the average person does not understand. Get a mental health expert to help the court understand the issues you are dealing with.

Contact Borbi, Clancy & Patrizi, LLC, to evaluate your medical records, injuries, and accident to determine your damages. We will also use our legal knowledge and experience to help you pursue the damages.

Factors That Prolong the Personal Injury Claims Process

Mon, 21 Mar 2022 16:23:11 GMT

Personal injuries can arise from accidents, dog bites, medical malpractices, product defects, and the like. If you get harmed due to someone else's negligence, the law entitles you to full compensation . Many clients ask their personal injury attorneys how long their case will take to settle. Whereas there is no conclusive answer, the time taken depends on various factors like the case type.

Different cases present their own set of distinctive challenges. Some factors cause cases to take longer to resolve. You need to engage a personal injury attorney to handle your case — it is the right action to take. Still, you should be aware of the factors that may delay the process. Below are some of those factors.

Liability, Legal, and Factual Issues

Liability — the lawful responsibility for specified acts dictated by the state — determines how willing the insurance company will be to settle with you. If the liability is unclear, your case may go to trial and lengthen the claim process.

Disputes may arise over who is liable for the injury, the claim's financial value, and the severity of damages. Such a situation calls for investigations that may take time to complete. Disputes prolong the claim process as each party collects evidence to prove their case.

If facts around the incident are not clear, you may need additional evidence to prove your case. For example, the insurers may claim that you played a role in the incident. Take a situation where you have suffered a fall at a construction site due to technical equipment issues. Whereas you may want to sue the contractors, they may claim that the manufacturers supplied faulty equipment.

Processes involving the Liable Party's Insurance Company

Whereas some insurance companies will efficiently handle claims so that you can get paid faster, others drag their feet. Note that some delays are reasonable and not purposeful. Various factors influence the insurer's willingness to pay, and they include:

Negotiations. You need to negotiate with the company about the amount you will receive. If their initial offer is low, your attorney will negotiate for a better one. Based on what you consider you deserve, the process may take a while. At times, the insurance company takes a long time to respond.
Compensation Amount. If the amount involved is huge, the insurer may take longer to investigate all details of your case. You need to prove credibility in the presence of a jury and the severity of the injury.

Administrative Issues

Different entities — the insurance company of the liable party, personal injury attorney , court systems, and the liable party — participate in the claim process. Complications may arise from one or more entities and cause significant delays.

If negotiations fail or the insurance company refuses to pay, your attorney may advise you to file a lawsuit. The nature of court systems may present administrative delays that prolong the time it will take for the jury to hear your case. Also, pretrial preparation takes time, so the whole claim process takes longer.

Length of Recovery Time

Serious injuries take a significant period to heal. In most cases, it is advisable to wait until you have healed completely or attained maximum medical improvement before settling your claim. That way, it is easier to calculate your total expenses. Ensure you discuss the cost of the examination, current treatment, and follow-up treatment to ensure you don't undervalue your claim.

The period it takes to complete your treatment is directly proportional to the length of time your claim will take.

Conclusion

Whereas it is difficult to quicken the claim process, some delays are not always justifiable. So, you should contact a competent personal injury attorney if you are in a personal injury situation. At Borbi Clancy Patrizi , LLC , we offer you legal representation. Our lawyers will help you recover your full claim as fast as possible.

Unique Factors That Determine New Jersey Auto Accident Claims

Mon, 21 Mar 2022 16:15:28 GMT

Auto accident laws vary by state. These laws determine whether you can sue for auto accident damages, how you process your claim, and the available damages. Thus, two comparable accidents in different states can trigger vastly different claim processes. Understanding the applicable auto accident laws can help you process your claim.

Read on to learn about two critical issues that can affect your auto accident claim in New Jersey.

1. Your Insurance Coverage

New Jersey has two broad categories of auto insurance policies. The policy you purchase affects your auto accident claim if you are involved in an auto accident.

Basic Policy

Property damage liability and personal injury protection (PIP) are mandatory and automatically included in the basic policy. Other forms of coverage are optional with the policy.

You file a claim with your own insurance company in case of an accident. For example, you don't have to prove liability since the basic policy is a no-fault insurance policy. That means you will likely get your compensation faster than you would if you filed a third-party accident claim against the liable party.

Note that the basic policy does not include all the damages you might suffer in an auto accident. For example, it doesn't include pain and suffering damages. However, you deserve the right to file a third-party claim under certain conditions. For example, you can field a third-party claim if you lose a body part or suffer a permanent injury.

Standard Policy

The standard policy is the conventional policy that motorists in fault states carry. The policy includes:

Bodily injury liability
Property damage liability
PIP
Underinsured/Uninsured motorist coverage

Again, you may purchase other optional forms of coverage. With the standard policy, you choose between unlimited rights to sue and limited rights to sue.

Unlimited rights to sue means you can sue for auto accident damages whenever you wish. Limited rights to sue means you file a first-party claim in case of an accident and can only file a third-party claim under certain conditions, such as losing a body part.

2. Your Contribution to the Accident

From the above overview, we can see that your insurance policy and injuries determine whether you can sue for auto accident damages. However, another law determines whether you can collect the damages – the modified comparative fault.

Modified comparative fault rule applies when you are partially liable for the accident. Using this rule, the court reduces your damages proportionally to your contribution to the accident. Moreover, you do not receive any compensation if the court determines that your contribution to the accident exceeds 50%.

The following two examples illustrate the application of the modified comparative fault rule.

In the first example, you calculate your damages to $200,000 after a crash. Since you have a standard policy, you file a third-party claim, and the court determines that your driving distraction contributed 10% to the accident. The court will award you $180,000, which is $200,000 less its 10%.

In the second example, you suffer damages worth $200,000 but have a basic policy. You decide to file a third-party claim because you lost a limb in the accident, and the loss of body part triggers your right to sue. However, the court determines that your faulty brakes contributed 60% to the crash and awards you nothing.

As you can see, auto accident claims in New Jersey can be complicated. Remember to preserve evidence as much as possible even before deciding whether to file a third-party claim. The evidence may help you if your injuries worsen or the other driver sues you. Contact Borbi, Clancy & Patrizi, LLC to evaluate your claim help you pursue damages.

What Are Work-Related Injuries for Workers' Compensation Purposes?

Wed, 02 Mar 2022 19:27:28 GMT

Workers' compensation benefits, which only apply to work-related injuries, can provide an injured worker with some financial relief. However, some employees do not understand the meaning of work-related injuries in the context of worker's compensation claims. Below are cases that fall under work-related injuries.

Injuries That Occur in Your Work Environment

Workers' compensation covers injuries that occur in the work environment and illnesses that originate from the work environment. The definition of a work environment is broad. Below are some things that define the work environment.

The Office or Usual Premises

Your usual office or workplace is the most obvious definition of the work environment. For example, if a hospital employs you as a nurse, the hospital premises form your work environment. Thus, you deserve compensation if you slip and fall in the hospital's hallway.

A Remote Worksite

Some employees routinely or occasionally work away from their usual offices. For example, electricians may repair electrical lines for streetlights. In such a case, the street is the electrician's work environment.

A Home Office

Your home office is your work environment. However, you may need to prove that you have a dedicated workspace at home and have your employer's permission to work from home.

A Company Retreat

Employers occasionally send their employees on retreats, especially for team bonding. For example, your employer may organize a night at a beach resort during the year-end holidays. In such a case, the beach resort is your work environment if your employer requires your presence at the retreat.

A Company Car

The work environment doesn't have to be a building or any form of real estate. The work environment includes machinery, equipment, and tools you use for your work. For example, workers' compensation covers injuries you might suffer in an auto accident with a company car.

Injuries That Arise During Your Normal Work Duties

Work-related injuries also occur when you are engaged in your normal work activities. Say your company hired you as an electrician, and you:

Conduct electrical inspections
Take care of electrical repairs
Purchase electrical supplies for the company

In such a case, workers' compensation applies if you suffer an injury while negotiating the purchase of electrical supplies with a supplier.

However, you might not get the compensation if you are in the work environment but not engaged in your usual work activities. Consider a physical therapist employed at a hospital and has an off day every Saturday. One Saturday, the physical therapist visits the hospital to collect a personal item they forgot the previous day. Workers' compensation will not apply if the physical therapist slips and falls on the hospital's grounds during their personal visit.

Injuries That Occur While Doing Something That Benefits Your Employer

Lastly, work-related injuries also include those that arise if you are engaged in activities that benefit your employer. In such a case, it doesn't matter whether the activity occurs in your usual work environment or falls under your normal work duties.

The rationale is that the balance of power favors the employer in an employer-employee relationship. For example, many employees would struggle to object if their employer sends them on a personal errand. Thus, the worker's compensation application makes sense if the employee suffers an accident during the errand.

Consider a case in which your employer requests that you get them coffee on your way to work. You deserve compensation if you slip and fall while collecting your employer's coffee.

The workers' compensation department can deny your claim if they suspect your injury is not work-related. Borbi, Clancy & Patrizi, LLC, can help you prove your claim and get the compensation you deserve. We can also help you appeal workers' compensation denials. Contact us to evaluate your case and determine how to proceed.

What to Do If You Are Injured in a Car Accident

Wed, 02 Mar 2022 19:14:59 GMT

Since accidents are unplanned occurrences, you can panic and get confused when it happens. Unfortunately, your actions after the accident may determine the direction of your personal injury lawsuit.

Therefore, you should know what to do in case of an accident-related injury. Read on to learn about what to do if you are injured in a car accident.

Ensure Everyone Is Safe

After a car accident, you should ensure everybody is safe. If no one is seriously injured, move to a safe distance, but don't leave the scene. Ask for help from other motorists if someone is seriously injured.

Call the Police

Once everyone is out of the car, assess yourself and the passengers for injuries and call 911 to report the accident and request medical assistance. Give the exact location of the accident and be ready to provide any information they may request. Do not hang up before they have gotten all the information they need.

Wait Until the Police Arrive

Never leave the scene before the arrival of the police; you will be required to make a police report, which is crucial for the future personal injury claim. Though you can photograph the accident scene, you may not document it like the police:

They will speak to the witnesses
They can assess the scene to determine who is at fault
They know exactly what needs to be documented in an accident scene

Most people may not do all these things after an accident due to confusion and pain from the injuries.

Take Photos and Protect Evidence

Take several photos of the accident scene, the damaged vehicles, and anything else that may provide a clue about the cause of the accident and the at-fault party. Evidence, in this case, includes street signs and lights, skid marks, faulty vehicle parts (like turn signals), etc.

Ensure that the scene stays as untouched as possible until the police arrive and finalize their report. If someone tampers with the evidence, record a video, and tell your attorney about it.

Avoid Making Deals

While you can talk with the other driver as you wait for the authorities, you should not make any side deal with them, even if they admit that they are at fault and show remorse. No matter the amount offered, you may end up spending more on hospital bills and recovery.

Contact a Personal Injury Attorney

Though most insurance companies require the insured to contact them after an accident, you should contact a personal injury lawyer first, especially if you feel that the insurance company may reject your claim. However, to avoid rejection of the claim, do not exceed the timeframe provided by your insurer.

If you have never hired a personal injury attorney, ask for referrals from friends and family, or look for one online. The attorney should be experienced and easily accessible.

Refrain From Speaking About the Case

As stated earlier, anything you do or say after a car accident can have a huge impact on your case. Avoid discussing your case with third parties, except your attorney and doctor to keep your information confidential - the doctor and attorney are ethically bound to keep your conversations confidential.

If you must talk about the case or negotiate with third parties, only do it in the presence of your attorney, even if it is with your insurer's agent.

Now that you are aware of what to do in case you get involved in an accident, you can better understand how to handle the accident and other complications that may arise. Contact us today for all your personal injury attorney needs.

3 Accidents Excavation Workers Face

Tue, 15 Feb 2022 19:56:20 GMT

Construction workers face exposure to many different injuries, depending on the nature of their worksites. For example, an excavation worker may face injury risks that an office worker might not face. Read on to learn about three accidents that might affect workers on excavation sites.

1. Collapse

Two forms of collapse can occur. The first is the collapse of the excavation sides, which construction workers also refer to as a cave-in. Cave-ins are dangerous because they occur too fast for workers to move out of the way. Cave-ins deposit heavy materials on workers, which can lead to fractures, lacerations, and suffocation.

The risk of excavation collapse is high if:

The excavation does not have adequate wall support
The excavation walls do not have adequate slope
The ground is naturally unstable at the excavation site

The second is the collapse of nearby structures. For example, excavating near a building can cause the wall to collapse and fall on the excavation and workers. Such an accident might occur if the nearby structure is weak, if the ground is unstable, or if the excavation is too near the structure.

2. Falls

Construction workers also risk injuries from different types of falls. Some of the fall accidents to worry about include the following:

Materials

Excavation does not have to collapse for it to cause direct injuries. Materials from the excavation sides can also fall on workers inside the trench. Those who work inside deep trenches are susceptible to such injuries. For example, a rock can dislodge from an excavation wall and fall on a worker, causing devastating injuries.

Equipment

Excavation equipment and tools can also fall on and injure workers. Heavy machinery, such as excavators, and small tools, such as shovels, can cause injuries. A small object can cause serious injury if it falls from a great height.

Such injuries are highly likely if intoxicated, exhausted, or inexperienced workers handle the tools and equipment. The risk of falling tools and equipment is also high if site workers do not follow applicable work guidelines.

People

Falling workers can suffer injuries or cause injuries to other people. For example, a worker can slip and fall onto a colleague inside a trench, causing both suffering injuries. Again, exhaustion and intoxication raise the risk of such injuries. For example, a dehydrated worker might experience dizziness and fall into an open trench.

3. Utility Accidents

Many utilities run underground, which means excavation can easily disturb or damage the utility lines. Some of the utility accidents to worry about include the following:

Electrocution

Electrocution can occur if excavation damages underground electrical lines. Electrocution risk is even higher if the excavation site is wet or flooded since water conducts electricity. Workers without insulating gloves or those with sharp tools, such as pitchforks, are particularly vulnerable to electrocution.

Explosions

Explosions occur if an excavation releases explosive gases and something ignites them. For example, damage to a gas line in the presence of an electrical spark can cause an explosion.

Flooding

Flooding can occur if the excavation damages water or drainage pipes. The risk of flooding is high with deep trenches and main water or drainage pipes. Damage to drainage or sewer pipes carries the added risk of pathogen exposure, leading to infections even days after the incident.

Inexplicable accidents sometimes occur even when employers deploy the best safety measures. Employees who suffer injuries on excavation sites deserve workers' compensation benefits, just like other injured employees. Contact Borbi, Clancy & Patrizi, LLC if you have suffered such an injury. We will review your case and help you pursue the compensation that you deserve.

3 Bed-Related Injuries in Nursing Homes

Tue, 15 Feb 2022 19:52:55 GMT

Nursing home residents are susceptible to various injuries if nursing homes do not put appropriate safety measures in place. Many of the injuries relate to or stem from bed issues. Read on to learn about three bedrelated injuries that afflict nursing home residents.

1. Bedrail Injuries

Nursing homes use bed rails for two main reasons. First, the bed rails prevent nursing home residents from rolling off the bed and falling on the floor. The bed rails also support residents getting off or on the bed.

As beneficial as bed rails are, they are also common causes of injuries in nursing homes. Many bedrail injuries occur when a resident rolls off the bed and is stuck between the bedrail and the bed. The pressure can cause tissue bruises and trigger breathing difficulties.

Below are common causes of such accidents.

Inadequate Regulation

The bedrail industry does not have tight regulations that befit such sensitive products. For example, many bed rails do not come with instructions or warnings on usage. The warnings are necessary because different body types call for different bed rails. As a result, some people use bed rails that are not safe.

Mismatch With Related Accessories

Most bed rails are only safe if you use them with specific mattresses and bed frames. However, such bed rails do not always stay with their specific accessories. For example, nursing home workers sometimes have to disassemble beds for cleaning, service, or movements. In such cases, the workers do not always match the rails to the right beds and mattresses, creating an injury risk.

Both nursing homes and bedrail manufacturers can be liable for bedrail injuries. The specific cause of the injury determines liability. For example, poor bedrail design and manufacturing make the manufacturer liable for related injuries.

2. Bedsores

Bedsores are wounds that occur if the skin experiences reduced blood flow. Nursing home residents who remain in specific positions for a long time experience pressure points that cut blood supply to the skin, triggering bedsores.

A nursing home resident might maintain the same position for a long time if:

They have injuries or health problems that make movement difficult
They are under sedation
They are in poor health
They are advanced in age

Infection worsens bedsores. For example, bowel incontinence can introduce germs into bedsores, worsening and spreading the wounds.

Nursing home workers can help prevent bedsores by doing the following:

Reposition residents with mobility issues
Ensure the residents have proper nutrition
Address emerging sores before they become infected

Bedsores are mostly preventable, so nursing homes are typically liable for the injuries. You just need to prove how the nursing home's negligence caused the injury.

3. Falls From Beds

Lastly, some nursing home residents also experience falls when getting off or onto their beds. Falls can lead to bruises, sprains, and even fractures. Apart from bedrail issues, a resident might fall off the bed if:

They don't have the strength to get off or on the bed on their own
They roll off the bed while sleeping

Nursing homes use various measures to prevent falls and related injuries. For example, they:

Use adequate bed rails
Provide caregivers to help residents on and off beds
Use low beds that reduce falling height in case of an accident
Install floor pads that reduce impact in case of a fall

Nursing homes without fall-prevention strategies are liable for injuries that they could have prevented.

Nursing home accidents can cost you considerable heartache and your loved one considerable pain. You might also have to spend thousands of dollars to care for your loved one after the accident. Contact Borbi, Clancy & Patrizi, LLC to help you recover relevant damages and cushion you from the effects of the accident.

4 Questions About Your Dog Bite Case

Tue, 18 Jan 2022 02:36:08 GMT

In 2017, approximately 350,000 people received treatment for non-fatal dog bite injuries. These injuries can be mentally and physically traumatizing. You not only have to deal with the physical injuries, but a bite can invoke a fear that is difficult to overcome. This fear is especially true when a dog attacks you that you do not know or in a location where you should have been safe.

Dog bites can raise numerous questions about the state's laws governing these types of cases. Here are a few you may want to know the answers to.

1. Who Is Liable?

If you require medical treatment due to a dog bite, you may not think you should be financially responsible for your treatment. Fortunately, in the state of New Jersey, you may not have to. New Jersey Statute 4:19-16 explicitly states the dog's owner has strict liability for your damages.

All you have to show is that you were on public property, were a guest on private property, or were performing duties that required you to be on the property. The owner cannot argue that you should have known the dog was vicious or that they had no knowledge of the dog's viciousness.

In addition to the dog's owner, others may also be liable, such as if the dog was under the care and control of someone else, such as a dog sitter, walker, or caretaker.

2. What Are You Entitled to Recover?

When a dog bites you, you are entitled to recover both economic and non-economic damages. Economic damages go beyond the cost of your medical bills. You are also entitled to payment for any future treatments you may require. Some of these may include:

Cosmetic treatment for your scars
Counseling expenses
Torn clothing
Loss of income

You may also be able to be reimbursed for the installation of a new fence or for other steps you take to protect yourself from any future dog bites.

Some non-economic damages include:

Pain and suffering
Mental anxiety
Future loss of earning capacity due to anxiety
Loss of quality of life

You may be entitled to other damages depending on the severity of your injuries.

3. What Happens If the Dog's Owner Is Unable to Pay the Award?

Depending on how much the court awards you, the dog owner's homeowners or renters policy may cover the cost. The actual coverage varies between policies, but typical policies usually carry liability limits ranging from $100,000 to $300,000. Any award exceeding their policy limits will be the responsibility of the dog owner or accused party.

If the owner cannot pay the award, the court may grant you a lien on any personal property the dog owner possesses. A lien means that the property owner will be unable to sell or dispose of the property without paying you first.

4. What Happens If the Owner Knows the Dog Is Dangerous

Once a dog attacks a person or another animal, animal control officers can impound the animal, notify the owner, and petition for a court hearing. If the court deems the animal dangerous, it can require the owners to perform specific tasks. Some of these include:

Posting warning signs around their property
Getting special licenses
Locking the dog within specific enclosures
Placing a muzzle on the dog before walking it

Owners violating the court's order can face substantial fines. If the court determines the animal to be a safety risk to their community because of their behaviors, animal control will be authorized to euthanize the animal.

Dog bites can cost insurance companies a large amount of money. In 2020, companies paid out approximately $854 million in claims. These insurance companies will do anything in their power to minimize the amount they are required to pay you.

Borbi, Clancy & Patrizi can keep that from happening. We have years of experience trying dog bite cases and will get you the maximum amount you are entitled to. Give us a call today for a free consultation of your case.

Gun Discharge Accidents: Causes and Liability

Tue, 18 Jan 2022 02:25:36 GMT

As the victim of accidental gun discharge, you should identify the liable party and claim compensation from them. You stand a high chance of recovering your damages if you understand why the gun fired. The knowledge can help you identify the liable party. Below are some causes and liability for such gun accidents.

Causes

Multiple conditions can give rise to accidental gun discharges. Below are some of these conditions.

Cleaning

Firearm maintenance is necessary to ensure efficient and safe operations at all times. Regular cleaning is a critical part of the maintenance regime. Negligence or ignorance can trigger accidental gun discharge during cleaning.

Testing

Many gun owners test their firearms after extended storage or cleaning or before use. Mistakes or malfunctions during testing can trigger accidental discharge. For example, a gun might accidentally discharge if their tester mistakenly believes the gun to be unloaded.

Demonstration

Gun owners, sellers, and range managers often demonstrate their guns to others. Demonstration guns can accidentally discharge if the gun handler makes a mistake, for example, because of their unfamiliarity with the gun model.

Mechanical Malfunction

Like other manufactured products, guns can suffer design or manufacturing defects. Some of these defects can lead to accidental discharges. For example, a gun can accidentally discharge if its trigger system is inherently defective and doesn't lock.

Poor Transportation and Handling

Guns do not routinely fire if someone drops them. However, old gun models, defective guns, or poorly maintained guns might fire if someone accidentally drops them. Such guns can also fire during transportation, for example, due to potholes or bumps on the road.

Improper Storage

Improper storage is a common cause of gun accidents. Without proper storage, a minor might take an improperly stored gun and accidentally discharge it. Many states have gun storage laws to prevent such accidents. For example, New Jersey requires gun owners to unload and lock their firearms in gun safes or containers. The ammunition should be in a separate gun safe or container.

Liability

Accidental gun discharges can cause severe injuries or even fatalities. The related damages can be enormous. As the victim of accidental gun discharge, identify the liable party to help you recover your damages. Below are some of the potentially liable parties.

The Gun Handler

The primary party whose actions directly lead to the accidental discharge should at least be partially liable for your damages. For example, if someone borrows a gun and it accidentally discharges in their hands, the borrower is liable for your damages.

The rationale is that a gun is a dangerous object. Anyone who handles such a dangerous object owes others the duty of care to avoid accidental injury. Dereliction of this duty makes the person liable for the ensuing damages.

The Gun Owner

If the person in whose hands or care the gun discharged is not the owner, the owner should shoulder some liability for the accident. For example, a gun owner can be liable if:

They improperly stored their gun, and someone accessed it
They handed over their gun to an intoxicated person
They failed to properly maintain their gun

The liability holds for all legal entities who own guns, including organizations and businesses such as shooting range owners.

The Manufacturer

Lastly, a guns designer or manufacturer can be liable for accidental discharges from defective design or manufacturing. Just note that such cases are rare and require complex proof. For example, you are likely to need a gun expert to provide expert testimony for your case.

Borbi, Clancy & Patrizi has dedicated many years to helping injury victims recover their damages and reclaim their lives. Contact us for a consultation if you have suffered from an accidental gun discharge or any injury. We will review your case and help you recover your damages.

How to Effectively Use Injury Settlement Money

Mon, 08 Nov 2021 19:13:20 GMT

Many people lack adequate experience on how to handle large sums of money. For example, you might struggle with using your injury settlement or award money, especially if it is a significant sum. What is more, the money might not help you recover from the effects of your injury if you use it improperly.

Below are some tips that can help you benefit from your injury award.

Opt for a Structured Settlement

In a structured settlement, you receive your award in installments instead of a lump sum. You decide, among other things, the:

Duration of the structure
Frequency of the payments
Size of each settlement

Structured settlements have numerous benefits. The main one is that this ensures you don't deplete your money too fast. You will still receive future installments if you exhaust previous payments.

Take a Breath First

Take a deep breath first if you opt for a lump sum payment. Don't start to spend the money as soon as the check reflects in your bank account. An injury settlement process can have a huge toll on your body. Give yourself time to relax and recollect your thoughts, and you are likely to make better decisions.

Prioritize the Essentials

When you start to spend your money, prioritize the essentials before you go to other things. For example, you can buy a house to secure your shelter or clear all pending bills. That way, you won't struggle too much even if you use most of your settlement.

Create a Plan

Leave your money in the bank and create a plan or budget on how to spend it. A good plan can help you avoid impulse spending that might reduce your money. Below are some of the things you should consider for your plan.

Investments

Invest your settlement money if it's a significant amount. Diversify your investments to spread the risk. Both passive and active investments are viable options, depending on your investment skills and experience. For example, you can put the money in a Certificate of Deposit (CD) investment that is safe but has conservative returns if you don't have investment experience.

Debt Settlements

You can also use your settlement money to settle debts. Debt settlement is especially attractive if you have struggled to pay the debts in the past. Debt settlement also makes sense since it frees money up you can use for other things. Lastly, debt settlement also improves your credit score.

Further Education

You can also use the money to invest in yourself through further education. This option makes sense if you had wanted to enroll in education before your accident, but you didn't have the money to do so.

Involve Professionals

Consult professionals who can help you receive and use your settlement in the best way possible. A financial planner, investment advisor, and your personal injury attorney are some of the professionals you can consult. An investment advisor can help you invest your money with minimum risk. An injury attorney can help you understand and set up a structured settlement.

Plan Your Estate

Plan your estate as soon as possible once you receive your settlement check. Update your estate plans and incorporate the settlement money in them if you have an existing estate plan. A trust fund, life insurance plan, or last will and testament can help. That way, your settlement money won't go to the wrong people in case of your incapacitation or demise.

You must win the injury award before you can use it. Borbi, Clancy & Patrizi can help you hunt for evidence and prove your injury case. We can also help you plan responsible money expenditure. Contact us for a consultation on any injury case you might have.

Preparation Tips for Cross-Examination During Your Injury Trial

Tue, 05 Oct 2021 01:34:52 GMT

Your preparation for a personal injury trial should include preparation for cross-examination. During cross-examination, the opposing lawyer will ask you questions meant to weaken your case. Below are some tips on how to prepare for cross-examination.

Understand Your Claims

The opposing attorney will try their best to poke holes into your claims. For example, the lawyer might want the judge or jury to think that:

You are dishonest
You exaggerated your claims
Your memory is unreliable

Review any statements or claims you have made to the defendant. For example, in the case of an auto accident claim, you should know:

Where you were driving
The injuries you suffered
The treatments you have received
The time of the accident

Your goal is to understand your claims inside and out. That way, you won't give a wrong answer and weaken your case.

Be Honest

Don't lie or embellish your things when answering questions. Complete honesty will help you in several ways. For example:

Honesty will help you be consistent
Honesty will prevent the other lawyer from discovering lies in your statement
Dishonesty can attract contempt-of-court charges since your cross-examination takes place under oath

Take your time to think whenever the cross-examiner asks a question. You won't receive any marks for fast answers. Don't guest your answers. Don't be afraid to say you don't know something if that is the truth.

Stick to the Facts

Stick to the facts of the case as much as possible. Don't offer your opinions. For example, if you had taken two glasses of wine before getting behind the wheel, you should state as much in your answers. Don't provide a guestimate if your memory is foggy or you weren't keeping track of your drinks. Otherwise, you might provide the defense with ammunition to weaken your case.

Stay Calm

The lawyer handling your cross-examination has probably handled numerous similar cases and has thoroughly prepared for your case. Lawyers use different tactics to win cases. For example, the lawyer might try to get some emotional responses from you to get you to deviate from your pre-trial preparations.

Thus, you should make a conscious decision to stay calm throughout the cross-examination. Don't take it personally if the lawyer says or does things to get you angry, sad, or excited. Stay business like, and you can make it through the cross-examination with minimal damage to your case.

Listen to the Questioner's Words

Listen to the actual words of the questions. Forget about the lawyer's mannerisms, tone, or gestures. Some lawyers use such tactics to get the reactions they want. For example, a lawyer might sneer at you while asking about the number of drinks you had taken before the accident. Forget about the sneer and answer the question consistently with your proper claims.

Be Concise

Lastly, you survey cross-examination by answering the questions - and nothing else. The lawyer will be listening keenly and watching you as you talk. Don't offer clarifications or explain things. The more you talk, the more likely you are to make a mistake and hurt your case. Stick to yes or no questions as much as possible.

Consider a case where the lawyer asks if indeed you had carried a box of groceries despite your back injury claim. Say yes, if you had carried the box, and no if you hadn't. Don't start explaining that the box was not that heavy or that

you had only carried a couple of boxes.

The above are just a few general tips to guide you. Borbi, Clancy & Patrizi, LLC can give you specific tips, depending on your case. Consult us for help with any injury case you have and benefit from our decades of experience.

Retailer Liability for Defective Products

Tue, 05 Oct 2021 01:11:48 GMT

Many people understand that product manufacturers and designers are often liable if a defective product causes an injury. However, those are not the only potential defendants. Product liability claims may affect everyone in the distribution chain, including the retailer who sold the defective product.

Below are some reasons for retailer liability for product defects.

Negligence

You can hold a retailer liable for injuries that their negligence might cause. Retailer negligence can occur in two main ways.

1. Poor Transportation or Handling

Some products require careful handling to avoid damages that can make them dangerous. For example, retailers should transport food and insecticides separately since insecticides are usually poisonous. Thus, a retailer that uses a milk truck to transport insecticides is negligent. You can use negligence to hold the retailer liable for your insecticide poisoning.

2. Poor Storage

Perishable products may spoil during storage. For example, some products require temperature control - otherwise, they go bad. A retailer who stores such products under improper temperatures is liable for the ensuing damages.

Risk Knowledge

You can also file a defective product claim against a retailer if they knew or should have known about a product's defect but didn't do anything to avert the danger. The government expects retailers to know the safety status of the products they sell. For example:

A drug store should know the expiry dates of their drugs
A food vendor should know whether their products are under recall
A car dealership should know whether their cars have defective brakes

The retailer should use the knowledge to protect their clients. For example, they can:

Withdraw the products from the market
Send the products back to the manufacturers
Fix the defects Warn the consumers about the defects

Failure to take any of these measures can make the retailer liable for your injuries.

Failure to Warn

Some products are inherently dangerous. However, they are in use because their benefits far outweigh the risks. For example, many drugs have side effects, but people still use them because of their benefits.

Retailers of such products should warn their clients about the potential dangers. For example, a pharmacist should warn you if you want to buy a drug that can cause an upset stomach. You may file a claim against the pharmacist if you buy the drug without warning and suffer extreme stomach issues.

False Advertising

Many retailers advertise their products for awareness and sales promotions. The advertising must be accurate to allow customers to make informed purchase decisions. A retailer who makes a false advertisement can be liable for the related injuries.

Consider a phone service provider that claims that their phone has coverage all over the country, including your area. You may have a claim against the provider if you buy the phone only to realize it doesn't have coverage in your area.

Strict Liability

Strict liability allows you to hold a defendant liable for your damages without regard to the defendant's actions. For example, strict product liability allows claims against a retailer without proof of the retailer's negligence. With strict product liability, you need to prove that:

The retailer sold the product
The product was inherently defective
You used the product as the manufacturer or retailer intended
The product caused you injuries

Once you prove all the elements, you do not need to prove any mistake on behalf of the retailer.

Borbi, Clancy & Patrizi has handled personal injury cases for many years. We know how to value, negotiate, and even litigate injury claims for our clients. Contact us for a free initial consultation of your case to determine the best way to get the settlement you deserve.

Using Dashcam Footage in Auto Accident Claims

Mon, 04 Oct 2021 15:09:19 GMT

You need to gather as much evidence as possible when pursuing an auto accident case. That way, you will leave no doubt that the defendant is liable for your damages - and that you deserve compensation. One way you can gather evidence is to use footage from dashboard cameras (dashcams) to support your claim. Below are some things you should know about dashcam footage evidence.

Dashcams Have Variety of Useful Features

Dashcams come with a variety of features that can help with your auto accident claim. For example, some dashcams:

Stream their footage directly onto the internet
Record both audio and video
Record views both in front and to the rear of the car

A dashcam that captures both audio and video might capture the other driver apologizing for not seeing you even if the camera doesn't capture the footage. You may use the audio recording to prove the driver's distraction just before the crash.

Footage Acceptance Isn't Automatic

The court won't automatically accept your dashcam recording. Below are some factors that determine whether the court can accept dashcam evidence.

The Recording Location

In most cases, you have the right to record footage in public places. For example, you can record public roadways without breaking any law. However, the court might not accept recordings on private property since they are illegal. The exception is if the property owner consented to the recording.

The Jurisdiction

Different jurisdictions have different laws and regulations on dashcam usage or recordings. The jurisdiction in which the accident occurs will determine whether your recording is legal, and you can use it as evidence. For example, New Jersey allows recording in public places, but not in private places where one reasonably expects privacy.

The Type of Recording

As previously mentioned, some dashcams record both audio and video. Some even record video footage of the car's interior. You might not have a problem with such recordings if you were the car's sole occupant at the time of the crash. However, recording other people's conversations or actions might require their consent.

Footage Preservation

You may have to prove that you haven't tampered with or edited the footage. Ideally, the recording should be in its original format and media. For example, if the dashcam saved the recording in a memory card, leave it there. Don't transfer the footage to your phone or laptop for editing.

Identifying Features

Ideally, anyone looking at the footage should be able to identify whatever they see. That means the footage should be clear and clearly show whatever you want the court to see. For example, a dashcam camera that only captures clear footage during daytime might not be useful for a nighttime accident.

Some dashcams also time stamp their footage. That feature allows anyone to verify the date and time of the footage. Time-stamping is useful for single-vehicle accidents where you need to confirm that the accident occurred at a specific time.

Dashcam Footage Is a Double-edged Sword

Lastly, dashcam footage can help or break your case. For example, dashcam footage showing another motorist driving over the centerline can help you prove the motorist's negligence. However, dashcam footage showing you running a red light might hurt your case. Thus, both the plaintiff and defense sides can use dashcam footage as evidence in an auto accident case.

Thus, you should have an auto accident lawyer review your footage before you present it as evidence. The lawyer will analyze the evidence so that the defense doesn't blindside you during testimony.

Dashcam footage is just one form of evidence for your auto accident claim. Medical bills, witness testimony, and pictures of the damage and injuries can also help. Contact Borbi, Clancy & Patrizi to help you put the evidence together in a coherent manner. We will use our experience to help you pursue the damages you deserve.

An Overview of Foreseeability in Personal Injury Cases

Wed, 30 Jun 2021 16:14:53 GMT

You may come across the concept of foreseeability if you have a personal injury case. You might have to prove this concept to hold the defendant liable for your damages. Below is a brief overview of foreseeability.

Meaning and Significance

Most injury claims rest on the legal principle of negligence. You need to prove a connection between a defendant's actions and your injury if you base your case on negligence. Foreseeability is a legal concept that allows you to prove this connection. The foreseeability test requires you to prove that the defendant knew or should have known about the consequences of their conduct.

Standards

Courts can apply the foreseeability concept via two main standards.

Subjective
The subjective standard considers what the defendant knew about their actions. Consider a case where a pharmaceutical manufacturer knows that their products contain chemicals that cause dangerous side effects but goes ahead to manufacture the drugs. Proving the manufacturer's knowledge of the danger proves the subjective standard of foreseeability.
Objective
The objective standard considers what the defendant should have known about the consequences of their actions. Thus, a defendant's actions pass the objective standard of foreseeability if a reasonable person should have known about the danger of their actions.

A reasonable person is a fictitious person who represents an average person under the circumstances. For example, in a case against a teenager, the reasonable person test examines what an average teenager should have known about the actions in question.

Consider a case where a driver claims that they didn't know they would cause an accident after running a red light and knocking over a pedestrian. You can argue that a reasonable person should have known about the dangers of running a red light in such a case.

Exceptions

The foreseeability principle doesn't apply in all injury cases. Below are someexceptions.

Intentional Acts

The foreseeability standard is not necessary if someone knowingly causes an injury. For example, you don't have to prove foreseeability if someone threatens to stab you with a knife and goes ahead to stab you. The person knows about the repercussions of their actions in such a case.

Act of God

Foreseeability doesn't apply if an act of God (natural events) occurs either as an intervening or superseding act. Intervening and superseding events occur if the actions of a third party (in this case, a natural event) interfere with the action of a defendant.

Consider a case where an earthquake causes a driver to lose control of their car and cause an accident. In this case, the earthquake is an act of God, and the foreseeability standard doesn't apply. After all, no one can foresee an earthquake and its consequences.

Criminal Acts

Foreseeability also doesn't apply to injuries stemming from criminal acts. The rationale is that criminal acts have dangerous consequences, and everyone should know about these consequences. Thus, you don't need to prove foreseeability if you get injured in the course of another person's criminal acts.

Eggshell-Skull Rule

The eggshell-skull rule holds that a defendant in an injury case is liable for the victim's full damages even if the victim had unknown and unexpected frailties that worsened their injuries. For example, an auto accident victim with a bone fracture deserves full compensation even if they only suffered the fracture because of their weak bones.

The foreseeability principle doesn't apply to eggshell-skullcases. You don't need to prove that the defendant knew or should have known about your frailties.

You don't have to worry about complicated legal concepts such as foreseeability when pursuing an injury case. Just contact Borbi, Clancy & Patrizi, LLC , and explain the circumstances of your accident. We will evaluate your case and help you pursue your damages.

Steps to Take for a School Bus Accident Claim

Fri, 28 May 2021 16:36:56 GMT

Filing an Injury Claim on Behalf of a Child

Thu, 29 Apr 2021 19:00:55 GMT

A child under the age of 18 is a minor who cannot file a legal claim on their own. Fortunately, the law allows a parent or legal guardian to file an injury case on behalf of a child. Below are a few things you should know about such a claim.

The Claim Is a Two-in-One Claim

The first thing to note is that the accident claim will be a two-in-one case. The duality arises because your child's injury directly affects both you and the child.

The first part of the case involves economic damages that you have directly incurred because of the child's injury. These damages include:

Medical bills
Childcare services (if you have to pay someone to care for the child)
Lost wages (if you have to take leave to care for the child)

The second part of the case involves damages that the child has directly suffered. Such damages include:

Pain and suffering
Disfigurement
Lost wages (for a working child, as many teenagers have a part-time job)

Remember to include all losses related to the accident - including future ones.

The duality of the case also means you do not receive the entire settlement money. You get a portion of the money stemming from your damages. The child's portion goes to a surrogate account in the child's resident county. The money stays in the account, earning interest until the child reaches 18. In special cases, you may petition the court for the money's early release.

The Court Approves the Settlement

In a typical personal injury case, the victim has the final say in accepting a settlement offer from the defendant. Even if you have a lawyer handling your case, they do not decide (they only advise you) to accept a settlement offer.

The situation is different for a minor whom the court presumes does not know what is good or bad for them. Therefore, the court assumes the role of determining whether the child's settlement offer is fair. The court will consider various factors, including medical records and the guardian's testimony, in making its decision.

The Statute of Limitations Applies Differently

The statute of limitations determines how long you have to file an injury case after an accident. The statute of limitations varies by different factors, including the type of injury and the applicable state laws.

In most states, the statute of limitations for injury cases with child victims differs from adult victims. For example, New Jersey gives you two years (from the date of injury) to file your case. However, the counting starts when the child reaches 18.

However, many lawyers will advise you to file the case as soon as possible. The evidence might get stale with time or witnesses might withdraw. Injury cases also take a long time. The sooner you start the case, the sooner you and the child will get the compensation you deserve.

A Different Standard of Care Applies

In New Jersey, you can only get compensation if you are, at most, 50% liable for the crash. Also, your compensation reduces proportionally to your contribution to the accident. However, the standard of care the government expects from adults is different from that it expects from minors.

For minors, the standard of care depends on age. Specifically, the law presumes that a child under the age of seven is usually incapable of negligence.

Borbi, Clancy & Patrizi offers personal injury representation for all injury victims. We have practiced personal injury law for decades. Contact us for a consultation to determine how to pursue compensation on behalf of your child. We look forward to speaking with you.

Common Causes of Elevator Accidents

Thu, 01 Apr 2021 07:08:24 GMT

Elevator accidents are not common, but they can lead to serious injuries if they do. In such cases, the cause of the accident will determine who to compensate for your injuries. Below are common causes of elevator accidents.

Defective Doors

Many elevator doors feature automatic doors. Most of the doors have motion sensors that open the doors whenever they detect motion - the doors stay close without motion. The system comprises complex electrical and electronic parts.

Unfortunately, some of these parts can fail and trigger malfunctioning door operations. For example, a defective door might close too fast and crush someone exiting or entering the elevator. A defective door might also fail to close properly or open at the wrong time, leading to a fall.

Free Falls

A typical elevator uses a systemof cables and pulleys to pull it up and down at a controlled speed. An accident might ensue if the pulley snaps. Thus, modern elevator designs include fail-safe brakes to prevent such accidents. However, defective brakes or old elevators without such systems can free fall if the pulley snaps. The pulley system might fail because of:

Poor maintenance
Aging (that causes accumulated wear and tear)
Poor maintenance

Elevator free-falls are not common, but they can be deadly if they happen. Injuries in a free-falling generator depend on the elevator's falling height.

Speeding

A speeding elevator is dangerous whether it is going up or down. Elevators come with speed-control systems, such as counterweights. An elevator might speed if its speed-control system fails. A speeding elevator might throw you against the floor or walls, leading to serious injuries. The elevator can also cause further injuries when it stops abruptly at the end of its journey.

Misleveling

An elevator should stop at the exact floor level. That way, the elevator door and shaft or floor door sit at the same level. However, sometimes that doesn't happen, and the elevator stops before or after the floor level. That might happen, for example, with an old and worn elevator whose braking system is beginning to show its age.

Unfortunately, you instinctively expect the elevator door to open exactly at the right level. Thus, the misleveling can lead to a fall when exiting or entering the elevator. The elderly, people living with disabilities, and children are especially susceptible to misleveling related falls.

Electrical Malfunction

Elevators run on mechanical and electrical systems. The electrical and electronic parts use electricity, which means they are susceptible to electrical malfunctions. An electrical malfunction that sends electricity flowing to the wrong parts of the elevator can cause electrocution. Potential causes include defective installation or repair of the elevator's electrical system.

Unpredictable Movements

An elevator's movement should be predictable. For example, the elevator should stop only at floor levels and rise or fall at an even speed. However, a malfunctioning elevator might exhibit dangerous, unpredictable movements.

For example, a defective elevator might stop midway between floors, speed up, or stop abruptly. Such unpredictable movements might cause accidents. For example, you might fall into an elevator's shaft if it stops midway between floors.

Stuck Movement

A stuck elevator is usually not a big deal because you can just call and wait for help. The problem arises if the elevator is stuck during an emergency. For example, an elevator stuck below ground level during a flood can lead to drowning. An elevator stuck during a fire outbreak can lead to smoke inhalation or burn injuries.

The lawyers at Borbi, Clancy & Patrizi, LLC, have helped thousands of injury victims to get the compensation they deserve. We can help you recover damages if you have suffered an elevator injury or any other accident. Contact us for a free initial consultation to determine the next step for your case.

An Overview of Failure-to-Yield Auto Accidents

Thu, 11 Mar 2021 07:18:47 GMT

New Jersey law determines when motorists are to yield right of way to other road users. Failure to yield increases the risk of an accident. Below is an overview of failure to yield auto accident claims.

Examples

A failure to yield accident can occur anytime a motorist doesn't give way as required. Below are examples of failure-to-yield accidents under various circumstances.

Intersections

At an intersection, you must give way to the driver on the right if they arrive fast or if you can't determine who arrived first. An accident might occur if car A arrives slightly ahead of car B, and car B doesn't give way.

Merging

Merging with traffic on a highway requires alertness and careful control of the car. The merging driver must yield to cars already on the highway. An accident might occur a merging driver miscalculates the speed or position of an oncoming car and enters the highway prematurely.

Mobility-Assistance Devices

The law recognizes that mobility-assistance devices, such as motorist scooters, are not as maneuverable as cars. Users of such devices also have physical limitations. Thus, motorists must give way to mobility-assistance devices trying to cross the road. An accident might occur if a motorist treats a motorist scooter just like any other car and doesn't yield to them.

Causes

All incidents of failure to yield can cause accidents, so it's disheartening that they still happen. Below are some reasons motorists fail to yield when they should.

Intoxication

Intoxication impairs judgment, vision, and physical reflexes, among other things. An intoxicated motorist might not understand how close they are to another car or how fast an approaching car is moving. The intoxicated motorist might make miscalculations and cause an accident.

Distractions

Driving distractions come in various ways. Eating, talking on the phone, arguing with a passenger, or even deep thinking can all distract you. Consider a motorist talking on the phone while entering a highway from a side road. That motorist might not even be aware of incoming cars, and the lack of awareness can cause an accident.

Ignorance

Some motorists don't know when they are supposed to yield to other road users. For example, New Jersey doesn't have specific laws regarding traffic circles. Thus, a driver might make a mistake, for example, by not observing traffic already in the circle and cause an accident.

Recklessness

Some motorists are naturally reckless and don't really care about other road users' well-being. For example, a reckless driver can enter an intersection at high speed and crash into other road users.

Liability Proof

As with other auto accidents, you must prove your case to win damages after a failure-to-yield crash. Specifically, you must prove that:

The defendant failed to yield to you
The failure-to-yield caused the accident

Depending on the crash circumstances, you may need to prove that the defendant violated a specific law. As for the defendant's actions, the following forms of proof may suffice:

Pictures of the road section where the accident occurred, preferably showing your relative positions
Video footage of the accident
Testimonies from eyewitnesses that support your claim
A police citation against the defendant's actions

An expert witness may help you tie the defendant's failure to yield to the accident. The expert's involvement is especially necessary if the defendant denies their contribution to the accident.

Failure-to-yield accident claims are not always as clear as people think. Complications might arise in cases where a clear violation of the law doesn't exist. In such cases, Borbi, Clancy, & Patrizi, LLC, can help you prove your claim and win the compensation you deserve. Contact us for an evaluation of your case to determine how to proceed.

Factors That Affect the Value of a Knee Injury Case

Mon, 01 Feb 2021 14:33:14 GMT

The knee is one of the most critical parts of the body since it supports movement and uprightness. A knee injury can have devastating effects on your life. That is why you need full compensation for your knee injury. Below are some critical factors that often determine how much you can receive for your knee injury.

Nature of the Injury

The knee is a complex joint that can suffer multiple forms of injuries. Examples of knee injuries include:

A fracture to any of the bones of the knee, such as the kneecap
A tear to any of the ligaments that connect the thighbone to the shinbone
A tear to the cartilage that cushions the space between the thighbone and the shinbone

The injuries differ in pain severity, treatment type, and recovery duration. Each of these injuries can also occur with different severities. For example, a sudden blow to the kneecap might shatter it into different pieces or create a hairline crack. A shattered knee would command a higher value than the hairline crack.

Treatment

Treatment affects all forms of injury claims, including knee injury claims. Below are the treatment-related costs that matter.

Diagnostic Test s

As mentioned above, knew injuries come in different types. Your doctor might order one or more diagnostic tests, such as an x-ray, to determine the type and severity of your injury. The cost of the diagnostic tests forms part of your medical bills that the defendant must pay for.

Treatment Type

Treatment for knee injuries depends on your overall health, lifestyle, and the nature and severity of the injury, among other things. Treatment options include:

Medication, including injections
Physical therapy
Acupuncture
Chiropractic care
Surgery

Each of these treatments attracts different values. For example, surgery and injections tend to have higher values. However, no matter what treatment you need for your injury, all of them can impact the value of your case.

Treatment Duration

The duration of your treatment may help you prove your injury's severity and your level of pain. Prolonged treatment also tends to raise medical costs. In some cases, the insurance company might limit the treatment sessions, such as acupuncture sessions, it's willing to pay.

Effect on Work

Like other injuries, a knee injury can lead to lost wages or lost income potential. The value of lost wages depends on your job. For example, you can suffer severe income loss if:

You are a professional sportsperson who need their knees to play
Your profession requires you to carry heavy loads
You are a dancer

In some cases, a severe knee injury can even end your career. In such a case, the liable party should compensate you for lost future income.

Effect on Life

Your lifestyle determines how much a knee injury can affect you. For example, a knee injury might:

Prevent you from enjoying some hobbies, such as basketball
Prevent you from riding a bicycle
Prevent you from engaging in yard work

You might have to prove your pre-accident lifestyle to get the related damages.

Prognosis

Lastly, your knee injury's prognosis can also affect your settlement. Full recovery is not a given since a knee injury might leave you with chronic or lifelong pain. In extreme cases, you might even need mobility or assistive devices that the liable party should pay for too.

Borbi, Clancy & Patrizi has the skills and experience your knee injury claim needs. Contact us for a free initial consultation to determine your case's value and help you pursue the damages. We look forward to meeting with you and helping you during this often difficult time. We also are happy to answer any questions you may have.

Role of Investigations in Auto Accident Claims

Tue, 05 Jan 2021 20:53:26 GMT

When you file an auto accident claim, expect the defendant (through their insurance company) to investigate the case. You should also investigate the accident to strengthen your claim. Below are some of the issues each party may target with their investigations.

Your Investigations

Below are some of the things you might gain by investigating the accident.

Unexpected Liabilities

In a two-car accident, never assume that the other driver is automatically liable. Otherwise, you might waste time pursuing damages against the wrong party. Instead, you should investigate the accident to identify the liable party. For example, other liable parties might include:

The driver's employer
The driver's parent
The person who served the driver alcohol
The car's manufacturer

In some cases, multiple parties might be liable for your damages. Identify all of them to maximize your recovery.

Sources of Compensation

Auto insurance coverage is usually the default source of compensation, but it is not the only one. Don't assume that you can't recover anything from the defendant if they don't have insurance coverage. For example, the court can help you garnish the defendant's wages or seize their assets. You can only know whether the defendant has such assets via investigation.

Flaws in the Defendant's Claims

Lastly, investigations can also help you poke holes into the defendant's counterclaims. Say you have filed an auto accident claim and the other driver claims that:

You were not entirely in your lane
You were following them too closely
Nature, rather than their negligence, caused the accident

The court won't just take your word for it when you hold the other driver liable for your losses. An investigation can help you unearth evidence, such as weather reports on the day of the accident or surveillance video of the crash, to dispel the other driver's claims.

The Defendant's Investigations

The defendant's auto insurance carrier will handle the investigations. Below are some of the targets they may have for their investigations.

Pre-Existing Injuries

The defendant should only compensate you for the damages their negligent actions caused you. Therefore, expect the insurance company to investigate your medical history and look for past injuries. If they succeed, they might use your pre-existing injuries to reduce your damages.

Your Contribution to Your Damages

The insurance company might also want to prove that their client is not entirely liable for your damages. For example, they might claim that:

You did not seek immediate medical care
You returned to work too soon
You didn't follow your doctor's orders
You were drinking and driving

The insurer can only back up such claims if their investigations unearth relevant evidence.

The Severity of Your Injuries

The auto insurance investigators might also follow you around to determine the severity of your injuries firsthand. Say you have claimed damages for back pain, but the insurance company catches you carrying heavy boxes. The insurer might use that to claim that your back injury is not as severe as you claim.

Possibility of Fraud

Lastly, the insurance company will also investigate the accident itself to look for fraud. Fraudulent auto accident claims come in multiple variations. For example, some people:

Stage auto accidents
Lie on who was behind the wheel at the time of the crash
Exaggerate repair costs on their claims

The more your claim looks suspicious, for example, if you don't have hard evidence, the more the insurance company will suspect fraud.

Borbi, Clancy & Patrizi can help you investigate and prove your accident. We can also help you with how to survive the auto insurer's investigations to avoid weakening your claim.  Contact us  for a free initial consultation so that we can begin the investigations and claim process as soon as possible.

Why You Shouldn't Accept Cash at an Accident Scene

Wed, 02 Dec 2020 13:28:34 GMT

If you are involved in an auto collision and the other driver is clearly liable, they might offer you cash compensation on the spot. That might seem like a good arrangement since it saves you the hassle or bureaucracy of an auto accident claim. Unfortunately, accepting cash at an accident scene is usually a bad idea. Below are some reasons against such an arrangement.

Delayed Injuries

Accident victims aren't always aware of their injuries immediately after a crash. Some injuries show up hours or even days after the accident. Traumatic brain injury (TBI) is an example of an injury that doesn't always show up right away.

For example, you might think that you only have a few scratches after a fender bender and accept a few hundred dollars. A few days later, you go to the doctor with a headache, and they diagnose you with TBI. In such a case, you will have to use your own money to take care of the TBI since you didn't include your injury in the compensation.

Hidden Damages

In addition to delayed injuries, the risk of hidden damages should also keep you from accepting on-the-spot compensation. Say you are in a rear-end collision. Your car might suffer visible bumper damage in addition to invisible damage under the car. If you accept cash at the accident scene for the bumper damage, you will have to foot the bill for undercarriage repair.

Damage Underestimation

Even if you know about your injuries or car damage, you might not know their values. For example, unless you work in the healthcare industry, you might not know how much you need to treat TBI. Unless you are a mechanic, you might not know how much a bumper replacement costs. With on-the-spot compensation, you might end up with less money than you deserve.

Limited Damages Compensation

As an auto accident victim, you deserve compensation for all losses related to the accident. If you accept cash at the accident scene, you will likely concentrate solely on property damage and injuries. As such, you might miss other damages such as:

Pain and suffering (think loss of consortium, emotional pain, and reduced quality of life)
Replacement or rental car
Punitive damages

The only way to get such damages is to analyze your case, account for all the losses, and include them in your demand letter. An auto accident lawyer can help you with all these.

Driver's Ulterior Motives

If you accept cash compensation after an accident, you assume that the liable party has honest intentions. You assume that the motorist just wants to avoid bureaucracy and save time. Unfortunately, human nature being what it is, some motorists are not that virtuous. Some people have ulterior motives for offering cash on the spot after a crash.

For example, some auto insurance scams involve motorists who offer cash compensation to their accident victims. A short while later, the motorist turns around and accuses you of causing the accident. By then, the evidence that can prove your innocence is probably gone.

Potential Repair Issues

Lastly, you should know that most auto insurance companies have good relationships with multiple shops. Some insurance careers even have arrangements with auto repair shops for discounts on accident repairs. Thus, if you accept cash compensation, you might spend more money to fix the damage than the insurer would have spent. The compensation money might even be inadequate.

Ideally, you let the other driver's auto insurer or your auto insurer, depending on liability, to handle the compensation. Talk to Borbi, Clancy & Patrizi to evaluate your case and help you pursue your auto accident damages. We will help you avoid the issues associated with on-the-spot compensation.

How to Help Aging Loved Ones Avoid Financial Abuse

Sat, 31 Oct 2020 15:09:06 GMT

Elder abuse comes in various forms. One is elder financial abuse, which is the theft or management of an elderly person's financial resources. If you have an elderly loved one, such as a parent, you should help them avoid financial abuse. Below are some things that can help.

Estate Planning

Various forms of estate planning can help prevent financial abuse. Advise your elderly loved ones to plan their estates as early as possible. For example, your loved ones can use

A last will and testament to determine who will inherit their estate
A financial power of attorney to determine who controls their finances in case of incapacitation
A healthcare proxy which handles all medical decisions on their behalf in case of incapacitation
A HIPAA (the Health Insurance Portability and Accountability Act) release form to restrict access to their medical and insurance information

For example, fraudsters sometimes pretend to help elderly persons pay their bills. A financial power of attorney makes such approaches difficult. Ideally, your loved ones should plan their estate before they get too frail. Otherwise, some people might attempt to challenge the estate documents based on mental incapacitation (common in old age).

Financial Education

In addition to estate planning, financial education (for both you and your loved one) can also help avoid abuse. Your elderly loved one should understand:

All their sources of income
Their financial obligations
Their financial goals

Consider an elderly person who isn't aware of how much they should copay for a medical procedure. An abuser can target such a patient and inflate their copayment.

Staff Vetting

You can also help your elderly loved ones to vet their staff. Elder financial abuse typically comes from those who have close and frequent associations with their victims. Family members, close friends, and staff (such as domestic staff) are potential fraudsters. For example, if your loved one requires a domestic staff or nurse, investigate the person's background first.

Assistance

Many people need help with different tasks as they age. For example, your elderly loved one may need assistance with settling bills, negotiating purchases, or comparing quotes for services. Unfortunately, some of those who need help the most don't always ask for it. Besides, asking for help from the wrong person can lead to financial abuse.

Offer your assistance to your loved ones so they don't get help from questionable quarters. They might resist your advances at first. Just let your loved ones know that you are available for help. Hopefully, you will be the first person your loved one contacts if they need help.

Monitoring

Despite the precautions above, some criminals may still try to defraud your elderly loved ones. Thus, you should always be on the lookout for red flags that point to financial abuse. Some of the red flags to watch out for include:

Unexplained large withdrawals
Unusual signatures on checks
Changes to estate planning or financial documents
Unnecessary purchases

You can even help your loved one to track their finances using automated or professional services. Don't let a suspicious activity go uninvestigated. In some cases, an investigation might reveal past cases of fraud.

Streamlined Accounts

Financial information can be complex and confusing for some people. The more financial accounts your loved one has, the more they might struggle to keep track of everything. If possible, they should streamline their accounts for more simplicity. A financial professional can ensure your loved one doesn't incur penalties or lose money in the process.

Note that the individual responsible for the theft or mismanagement is not necessarily the only one liable for the abuse. Other parties, such as a nursing home or a staffing agency, might be complicit in the theft. Contact Borbi, Clancy & Patrizi, LLC, if your loved one is a victim of elder financial abuse. We will review the case and file a claim against the relevant parties.

An Overview of DUI Accident Claims in New Jersey

Thu, 01 Oct 2020 22:25:06 GMT

If an intoxicated person causes a car accident, then you can use the driver's intoxication to prove their liability for the crash. Below is an overview of such an accident claim.

Proving Impairment

Intoxication impairs judgment, induces drowsiness, impairs vision, and has other effects that make driving dangerous. To win your claim, you must prove that the involved driver was intoxicated and tie the intoxication to the accident. Below are some of the things you can use to prove your case.

Citation for Open Container Law

Open container law prohibits drivers from possessing open containers of alcohol in their vehicles. Drivers who violate the law receive citation for the same. The law applies to drinks with at least 0.5 percent of alcohol by volume.

The rationale is that a drier with an open container of alcohol is more likely to drink and drive than a driver with a closed container. Thus, if the authorities cited the defendant for violating the open container law, you can use the citation as evidence in your auto accident claim.

DUI Arrest or Conviction

Like all states, New Jersey doesn't allow driving under the influence. Driving under the influence (DUI) laws consider a driver's age and type of vehicle. Specifically, the law presumes that:

Any adult driver is guilty of DUI if their blood alcohol content (BAC) is 0.08 or greater
Any driver under the age of 21 is guilty of DUI if their BAC is at least 0.01
Any commercial driver is guilty of DUI if their BAC is greater than 0.04

The state also has implied consent laws, which allows authorities to test drivers for intoxication whenever necessary. The police typically test drivers for intoxication in suspicious accidents. You should also alert the police to the possibility of the other driver's intoxication at the scene if you suspect it.

The police report will contain details of the other driver's intoxication. Get the police report and use it to prove the driver's liability for your accident. Your liability claim will be even stronger if a criminal court convicts the driver of DUI. Note that criminal cases typically conclude faster than civil cases.

Eyewitness Testimony

Those who witnessed the accident can testify on your behalf and help prove the other driver's intoxication. Visible signs of intoxication include:

Loud speech
Slurred speech
Staggering
Bloodshot eyes

Maybe a pedestrian had seen the driver stagger out of their car after the crash. That is why you should talk to potential witnesses, which include anyone at the accident scene, and take their contact information after a crash.

Photos and Videos

Lastly, you can use photos or video of the accident and accident scene to support your claim. For example, video footage of the driver's erratic driving can help support your intoxicated driving claim. Photos of open containers of alcohol can also help you.

Third-party Liability

Note that the intoxicated driver is not necessarily the only one liable for your accident. Third-party liability is possible under dram shop and social host liability laws. These laws apply if:

A social host or alcohol vendor provides alcohol to a person under the age of 21
A social host or alcohol vendor serves alcohol to a visibly intoxicated person
An intoxicated person in either of these scenarios causes an accident

Therefore, you should investigate if you should file a claim against a relevant third party. A third-party claim increases your chances of full damage recovery.

If you are the victim of a DUI accident, Borbi, Clancy, & Patrizi, LLC, can help you prove that the driver was intoxicated and that their intoxication contributed to the crash. Contact us for a free initial consultation so that we can begin to work on your case.

An Overview of Attractive Nuisance Injury Claims

Thu, 03 Sep 2020 23:59:47 GMT

The attractive nuisance doctrine holds property owners liable for injuries to trespassers. Learn how the doctrine applies before you use it to seek compensation. Below is a brief overview of attractive nuisance doctrine.

Meaning and Examples of Attractive Nuisance

An attractive nuisance is anything that children find attractive but can harm them. Examples of attractive nuisance include:

Discarded appliances, such as washing machines
Abandoned automobiles, such as a junk car
Holes on the ground, such as disused wells
Water bodies, such as swimming pools and ponds
Stacks of items, such as containers

As you can see, an attractive nuisance can be anything — including things that adults don't necessarily find attractive.

Proving Property Owner's liability

Property owner liability is not automatic for all injuries that attractive nuisances cause. Below are some of the factors that determine the property owner's liability.

The Nature of the Nuisance

Most courts in New Jersey don't hold property owners liable for injuries that natural attractive nuisances cause. For example, a court might reject your injury claim if your child slips and falls into a natural pond. However, a claim based on a swimming pool injury is possible.

The Property Owner's Knowledge

The attractive nuisance should be something the property owner knows or should know about. For example, a property owner should know if they have a trampoline on their property. Thus, the doctrine of attractive nuisance applies to trampoline injuries.

The Property Owner's Precautions

No one can eliminate all the dangers on their property. Moreover, even the most mundane things can harm children. Thus, a property owner who does everything possible to keep their property safe might not be responsible for injuries that attractive nuisances might cause.

Consider a case where a pool owner fences the pool, installs a lockable gate and warns against unauthorized swimming. If neighborhood kids still find a way into the pool and get hurt, the pool owner might escape liability for the same.

The Obviousness of the Danger

Some dangers are so obvious that you don't expect any child to play with them. For example, the danger of a barbed-wire fence is obvious. Thus, a property owner might not be liable for injuries that barbed wires on their property cause.

The Age of the Child

The doctrine of attractive nuisance apples because children usually can't distinguish between safe and dangerous conditions. However, as children grow, their experiences, awareness, and knowledge increase, and they start to spot and avoid dangers.

For example, a toddler might lock themselves inside a refrigerator because they don't recognize the danger. However, a teenager knows or should know the danger of such an act. Thus, if a teenager and a toddler suffer injuries inside refrigerators, the refrigerator owner might be liable for the toddler's injuries but not the teenager's injuries.

The Adult Question

The legal principle of attractive nuisance only applies to minors. An adult who sneaks into a neighbor's pool and drowns cannot use the legal principle to seek damages. The rationale is that adults can distinguish between safe and dangerous conditions, and avoid the dangerous ones.

However, an exception exists for adults who get hurt while attempting to rescue children in distress. Consider a case where you see a child drowning in a pool and jump in to save them. In such a case, both you and the child can claim damages under the attractive nuisance doctrine.

As you can see, the attractive nuisance doctrine only applies to specific cases. Borbi, Clancy & Patrizi has the resources, experience, and skills to review and pursue your damages. If your child has suffered an injury on another person's property, contact us to evaluate the case and advise you.

How You Can Prevent, Recognize, and Report Elder Neglect

Fri, 31 Jul 2020 16:50:59 GMT

Elder neglect is a type of elder abuse where a caregiver does not fulfill their patient's basic needs. Neglect has many forms, and can be difficult to identify, but it is no less serious than other forms of abuse. The ability to prevent, recognize, and report elder negligence will contribute greatly to an older person's health and well-being.

Prevent

Ideally, you can prevent elder negligence by researching a care facility before committing to it. Not only should you read online reviews but you should also personally visit the facility to get an idea of how it functions. A lot of negligence occurs because of understaffing or the staff not being appropriately trained. Before you choose a facility, ask questions about the caregivers as you tour the facility until you feel comfortable with their competence.

Another common form of negligence is the lack of appropriate safety features. Make sure the facility you visit has plenty of handrails to prevent a fall. Even a single fall can be extremely dangerous, and the danger should not be ignored. Ask about various safety measures until you know that the facility is as safe as possible.

Choosing a safe facility is the number one way to prevent negligence, so do not commit until you are sure you have found somewhere safe that can fulfill your needs. Ask the hard questions, inspect the facility, and look at the other residence to gather the information you need to make a well-informed choice.

Recognize

Recognizing elder neglect can be difficult, as the signs aren't always obvious. However, if an elderly person does not receive the care they need, it is neglect. Even accidental cases can count as neglect and should be reported as soon as discovered.

As stated above, most neglect occurs because the facility is understaffed. A staff member may not have the time to perform their duties thoroughly if they are overscheduled. If not cared for, a resident of the facility can show poor personal hygiene or develop bedsores.

Other common signs of neglect include:

Malnourishment
Lack of, or incorrect dosage of, medication
Injuries
Sleep problems
Personality changes

Report

You do not need evidence to report negligence, so do not hesitate. All facilities should have a relatively simple way of reporting issues, and you should use it before things get serious. Once you file your report, the facility may change its practices before you have to go to court.

If the facility ignores your report, or does not address it correctly, you can call for more serious measures. You can contact your local ombudsman to investigate your case. They will follow state procedures as they research your claim, and they can help you avoid escalating the situation to a large court case.

Other resources include the National Center of Elder Abuse and the elder abuse and mistreatment segment of the U.S. Department of Justice Office for Victims of Crime.

If you are still not satisfied, you can contact the local police and social services to investigate. If you believe your case serious enough to bring to court, contact an attorney to advise you through the process.

Elder neglect is prevalent across the globe, and it is harmful to everyone involved. Though prevention is always preferred, there are plenty of resources to consult if you believe you or someone you know is being neglected. Keep watch for common signs so you can stop the abuse before it gets serious.

If you need legal assistance, Borbi, Clancy & Patrizi is committed to protecting you or your loved one from neglect or abuse. Contact us now for a free consultation.

How Various Liabilities Affect Accident Compensation

Mon, 06 Jul 2020 17:29:11 GMT

You must file your personal injury case against the right party (or parties) if you expect full compensation. Identify the appropriate liability laws to help you identify the right defendants for your case. Here is an overview of liability theories and their effect on compensation.

Liability Against the Tortfeasor

A tortfeasor is an entity (individual, business, or organization) who is liable for civil wrongdoing. In the context of an accident case, the tortfeasor is the actual entity that caused your injury. Most accident cases involve liability against the tortfeasor, which means the person who caused the accident is the one to compensate the victim.

Consider an example where a distracted driver crashes into your car. The driver has to compensate for your damages – most likely from their insurance coverage. As such, you might be out of luck if the driver doesn't have auto insurance.

Vicarious Liability

Vicarious liability is a legal principle that holds one party liable for the actions of another party. Vicarious liability typically applies if one party is responsible for or has control over a second party. Below are two common forms of vicarious liability.

1. Parental Liability

Parental liability makes parents liable for the actions of their children. For example, if a minor driver crashes into your car, the minor's parents have to compensate for your damages if parental liability laws apply.

If a child causes an accident, parental liability may apply if:

The child is a minor
The parent could but did not prevent the child's acts
The child caused the accident in a family car

Most victims of accidents that minors cause wouldn't get compensation without parental liability laws. Most minors don't have insurance coverage or resources they can use to compensate accident victims.

2. Respondeat Superior

Respondeat superior applies in an employee-employer relationship. The legal theory makes an employer liable for the negligent actions of their employer. Respondeat superior applies if:

The employee was on the clock
The employee caused the accident in the course of their normal duties
The employee's actions benefited the employer in some way

For example, if an employee causes an accident while on an errand for their boss, the boss might be liable for the accident.

Respondeat superior can help you get full compensation because, in most cases, employers have more financial resources than their employees. For example, a trucking company is likely to have more insurance coverage and money than a truck driver. In case a truck causes you significant damages, respondeat superior allows you to collect full damages from the trucking company.

Joint Liability

Joint liability applies if two or more parties are liable for your accident. The theory of joint liability allows you to claim damages from multiple parties, which increases your chances of full compensation. For example, in a pileup accident, you may be able to claim damages from multiple drivers.

Victim Liability

Defendants in auto accident cases should only pay for the damages their actions caused. No one who contributes to an accident should expect full compensation from the other party. In fact, you might not get any compensation if your contribution to the accident exceeds the other party's contribution.

For example, you can cause an accident if you tailgate a drunk driver, and they brake without warning. In such a case, the court will evaluate your respective contribution to the crash. You only get compensation if your contribution to the crash was less than the drunk driver's contribution.

As you can see, you can maximize your compensation if you use appropriate legal theories for your case. Otherwise, you might file your case against the wrong defendant. The legal team at Borbi, Clancy & Patrizi has the resources and experience to help you pursue full damages. Contact us today so that we can evaluate your case and advise you on the best way forward.

Who Is Liable When Your Airbags Don't Deploy?

Thu, 28 May 2020 17:41:42 GMT

Airbags are among the most critical safety features in a vehicle because they can reduce the extent of injuries in an accident. If an auto crash occurs, the airbag control unit (ACU) triggers the airbag to expand and protect the driver from directly hitting the hard parts of the car. Hence, if your airbag doesn't deploy, you are more likely to sustain severe injuries.

Many drivers have reported that their airbags failed after a car collision, which put their life in danger. For this reason, most motorists have this burning question: Who is liable when your airbags don't deploy? This article will provide detailed answers.

Should You Report the Accident to the NHTSA?

Before you can hold someone accountable, you’ll need to determine if you have sufficient evidence to show that you were injured due to airbag failure. You should first report to the National Highway Traffic Safety Administration (NHTSA) offices near you. The NHTSA will carry out an investigation to determine why the airbag failed to deploy.

The NHTSA assesses the nature of the accident (your speed, impact location, and how the crash occurred), the design of the airbag system, and possible reasons that led to failure.

The investigations will determine whether your conditions were eligible for airbag deployment or not. For example, airbags shouldn't inflate during minor accidents, and unfortunately, you are not eligible to file a claim in such a situation. However, if the NHTSA determines that the bag was supposed to deploy, you could file a claim for compensation.

Who Are the Potentially Liable Parties?

If the initial investigation shows you have a case, you can commence your search for the responsible party or parties. Here are the potentially liable parties.

The Manufacturers

Companies should not manufacture defective products that put users' lives at risk. The car manufacturers should be keen on how their safety features work. Therefore, you can hold the car manufacture liable if they produced your vehicle with a defective airbag system.

If the vehicle's sensors were defective and couldn't signal the ACU, then the car manufacturer should compensate you for the pain and injury. Also, the carmaker may be liable if the sensors failed to detect the collision due to improper installation or poor calibration.

The Designers

The design of your car's airbag system can also be the reason why it didn't deploy. In most instances, car manufacturers always outsource services from designers. The designers put together the airbag, which means that they ensure that the airbag works as expected.

If the airbag failed due to design issues, then the designers are liable. However, the manufacturer might be partly responsible since they should have taken measures to ensure products sold under their brand name are safe.

The Marketing Companies

Any product in the market must have instructions and precautions on the label, and this is true for airbags as well. Your airbag should include instructions and maintenance tips on its package. This applies to people who bought a new airbag after a previous one deployed. If no user manual or specific instructions were included, you could file a lawsuit against the marketer.

Where Can You Seek Help?

If you were involved in an accident and the airbag didn't deploy when it was supposed to, you should file a claim. Our attorneys at Borbi, Clancy & Patrizi can provide reliable legal advice and representation to help you get compensation. Our lawyers can also help you put together all the information and documentation you need to prove that the particular entity was negligent. Contact our team today to get help from our esteemed lawyers.

6 Questions You Might Have After Being Injured in an Auto Accident

Mon, 04 May 2020 16:09:13 GMT

What would you do if you were in a car that got involved in an accident? Who could you sue for the injuries, loss, or damages caused? These are critical questions most drivers and passengers have after they sustain injuries in a road accident. This article will answer the top 6 frequently asked questions about being injured in an auto collision and what you should do.

1. What Should You Do Immediately After the Auto Crash?

Once you get out of the car, you need to call 911 and request a medical emergency team immediately if you or other car users were injured. Next, talk to the police. Be sure to record every important detail about the automobile accident. This should include the license details, the vehicles involved, and the events that led to the accident.

You should also record the contact details of the investigation team, the drivers, and the witnesses. You should also request a copy of the police report and insurance details for all the drivers involved. Also, take some photographs of the scene, including vehicle damages and injuries that may have occurred.

Don't forget to hire a personal injury lawyer to help you collect evidence, build a strong case, file a claim, and educate you on your legal rights.

2. What Damages Can You Get Reimbursed for?

Every individual's experience is different, and the damages that you may get reimbursed for depend on your unique situation. With that in mind, here are some damages that deserve compensation.

Medical bills
Lost benefits or wages
Emergency room services
Loss of property
Emotional distress
Pain and physiological suffering
Permanent injury or disability

If you lost a loved one as a result of the accident, you could also pursue a wrongful death claim.

3. Who Should Compensate You?

The at-fault driver should bear the ultimate responsibility for any damages caused. So, don't hesitate to name them in your claim. If the compensation amount you receive isn't enough, you can use a personal injury protection cover (PIP) to settle your medical bills and any lost benefits or wages.

4. How Much Will You Receive as Compensation?

Your payment will be calculated based on many factors, including the damages caused and how those damages will impact your life now and in the future. The loss and suffering as a result of the injuries or damages are also considered when your compensation is calculated. A seasoned lawyer may have a better idea of how much your claim is worth.

5. How Long Will It Take You to Get Compensated?

The amount of time it takes to determine how much money you deserve for the injury or damages caused will depend on the complexity of your situation. If you have a seasoned lawyer by your side, however, this time will be shortened. Lawyers can use their experiences and expertise to get your claim resolved within the shortest amount of time possible.

6. Can You Still File a Complaint If You Didn’t Wear a Seat Belt?

Section 39:3-76.2f of the New Jersey vehicle code requires all vehicle occupants (motorists and passengers) to wear a seat belt. However, if you were not wearing the seat belt when the accident happened, you're still entitled to compensation depending on the damages you suffered.

Every automobile accident is unique, but these FAQs should give you a general overview of what you should expect if you are ever involved in an auto collision.

If you're in New Jersey and were recently involved in an accident, you should hire an attorney at Borbi, Clancy & Patrizi, LLC, to help you file a claim. We can walk you through the complex legal procedures and help you fight for the best possible outcome. Contact us right away for assistance.

3 Animal Bite Injury Cases to Consider (Other Than Dog Bite Cases)

Tue, 31 Mar 2020 19:26:03 GMT

In the world of personal injury, dog bites are some of the most common cases seen. Not all of the personal injury cases are related to dogs, though. While you cannot blame a person for a wild animal like a bird or deer biting you, any animal a person harbors could fall under the same legal limits as a dog bite injury case.

Learn how other animals could cause injuries and ways to move forward with a personal injury case.

1. Cat Bites and Scratches

While dogs receive most of the blame for bites and injuries, cats have injured people as well. While less prone to biting, a cat's claws may create some pretty painful injuries. Flesh could rip open and require stitches. A cat claw to the eye could create permanent visual damage. When a cat attacks, the pet owner may be held liable for the injury.

While dog cases may move more freely through the court system, sometimes cat cases must go through a one bite rule. Basically, if the cat has tried to scratch or bite a person in the past, then the cat's owner could be held liable. If aggressive behavior has not occurred before, then the cat owner may not be liable for the injury.

A look into the past history with the owner and pet will help give more details in the case. For example, a lawyer could interview family, friends, and neighbors for more history on the cat and the animal's possible aggressive nature in the past.

While laws may be in place for dog bites, lawyers may look into other cat bite cases to help prove your case. Just because the injury occurred from an animal besides a dog doesn't mean you should ignore the problem and pay for your own medical expenses.

2. Farm Animal Attacks

Farm animals are much larger than dogs and may cause even worse injuries. Cattle, horses, goats, and sheep may not just bite; they may use other attack methods on victims. The animals may charge and ram at an innocent victim. A single kick from a cow or horse could lead to broken bones or internal injuries.

As long as you didn't provoke the animal, the farm owner could be held liable for the injury case. One of the more common ways the owners are held liable is when animals escape the farm and cause injuries. Without proper fencing and protections, the farm animals could create havoc in the nearby area.

Not only could a random bystander become injured by a loose farm animal, but the animals could cause car accident injuries if they wander into the middle of the road.

3. Exotic Animal Injuries

In many cases, an exotic animal bite could have an even stronger case than a dog bite. With exotic animals like snakes, tigers, and alligators, the owners of the animals may have obtained the animals illegally. The illegal nature of the ownership could make the owner liable for presenting dangers to anyone who encountered the animal.

Even with private zoo ownership, exotic animals present a lot of danger. Improper safety precautions and dangerous situations could lead to injuries. Every case is different, so if you've been injured by an exotic animal, you should keep track of the exact details.

What type of animal injured you? Where did the injury take place? What happened before or after the animal caused the injury? Have any other incidents occurred before or since your injury took place? All of these elements will impact the way your case moves forward. Providing evidence and details goes a long way to making a case for your injuries.

For more information on animal bites and possible legal representation, contact us at Borbi, Clancy Patrizi, LLC . We will use our experience to help guide you through the proper steps of a personal injury case.

Reporting Car Accidents and Understanding Police Reports

Sat, 29 Feb 2020 14:40:14 GMT

One of the most important things to do after you're in a car accident is to formally report the accident to the authorities and your insurance company. When you call the police to report a vehicle accident, the investigating officer who shows up at the scene will fill out a report to record facts and the officer's opinions about how the accident occurred and who is at fault.

Do You Have to Call the Police After An Accident?

Sometimes people involved in a car accident ask the other drivers to refrain from calling the authorities to report the crash. It's a good idea to contact the police after any vehicle accident you're involved in, but you are legally required to call the police to report certain accidents.

New Jersey state law requires people to report any automobile accident that leads to any type of injury, death, or more than $500 in damage to the personal property of any one person involved in the crash. You can call the New Jersey State Police, the police office in the nearest county, or the local police department to fulfill your legal obligation to report an accident.

What's in a Police Report?

The police report will contain the basic facts related to the accident, such as the date, time, and exact location of the crash and the names and contact information of everyone involved in the accident as well as names of any witnesses. The officer will also note the weather, road conditions, and lighting level at the time of the accident.

In addition to the facts about the accident, police reports also contain the officer's opinions on exactly how the crash happened and who was at fault for the accident. Some police officers draw diagrams in their police reports to show the way they believe accidents happened.

The final report will also include descriptions of any property damage and injuries reported to the officer at the scene of the accident as well as any tickets and other legal consequences for traffic violations and any other broken laws.

Why Do You Need a Police Report After an Accident?

If your car is damaged or you're hurt in an accident, having a police report will make the process of getting compensation much easier. New Jersey is a no-fault car insurance state, which means you must report any accident that results in any kind of loss to you to your own car insurance company to file a claim.

Whether you file a claim for damage to your vehicle or compensation for an injury, your car insurance company will likely obtain a copy of the police report to begin the company's own investigation into the circumstances of the accident.

The insurance company's investigation report can agree or disagree with the findings in the police report, but if your vehicle damage or injury is noted in a police report it's harder for your insurance company to deny your claim.

Injured accident victims who fail to report their accidents to the police find it much more difficult to negotiate a fair settlement since insurance companies can argue that if you were injured then you were legally required to call the police when the accident occurred.

Police reports are also valuable to attorneys. If you're injured in a car accident, it's best to speak with a personal injury attorney as soon as you can to make sure you get the compensation you deserve. Your attorney can look at the police report to see if it would be admissible in court and, if so, whether it is favorable to your case.

Borbi, Clancy & Patrizi represents personal injury clients in the greater Marlton, New Jersey area. If you or a loved one has suffered an injury in a vehicle accident, contact us today to schedule an appointment for a free consultation to discuss your case.

7 Things to Do After You Have Been in an Accident at Work

Fri, 31 Jan 2020 02:15:59 GMT

An accident at work can be something as simple as a paper cut. Unfortunately, sometimes it is much worse. If you suffer a significant injury at work, here’s what you should do afterward. These steps will help if you need to work with an attorney later in order to get the worker's compensation you are entitled to from your employer.

1. Evaluate the Injury

The very first thing you need to do is evaluate your injury. You are looking to see if a medical professional needs to be involved or if all you need is a bandage placed over the injury. Your employer may have first aid trained staff if so, have them evaluate the injury for you. The first aid staff may have the final call over how you get medical treatment.

2. Seek Medical Treatment

Your employer may require you to seek medical treatment for even a small scratch. If they don't have such a medical treatment policy, some injuries may require you to seek out treatment from an ER or an urgent care clinic on your own. For example, head injuries should always be examined by a doctor. This is especially true if you lost consciousness, have blurry vision, feel dizzy, or vomit.

You may also need to be drug tested at this time, especially if it’s your company policy. If not, you may still want to opt for a drug test, as proof you weren’t on drugs at the time of your injury can be a valuable piece of evidence in a later worker’s compensation suit.

3. Notify Management

After your injury has been evaluated and you have sought medical treatment, you need to notify your supervisor, human resources, or management. How quickly you need to notify management depends on your physical state as well as your company's policy. In general, you should notify as soon as possible after your injury or after your medical treatment. Make sure to notify your employer in writing.

4. Record Your Accident

You can record your accident by taking some pictures of the area where it happened, or the equipment that was involved. If you can't take pictures of the area, ask a co-worker to take the pictures for you. The important thing is that the location of the accident and everything involved is recorded photographically. You should also take pictures of the injury if possible, before treatment as well as after treatment.

5. Get Witness Statements

Speak to your co-workers and anyone else who may have seen the incident. You want to get their version of your accident. They saw things from a different perspective than you and will be able to give more information about your accident. Ask them to fill out the witness report as soon as possible so that their memory is as clear and fresh.

6. File for Worker's Compensation

After your accident, you also need to file for worker's compensation. Worker's comp. pays for your medical costs. The program may also pay for lost wages if you miss work, depending on the severity of your injury and the laws of the state in which you live. Your medical records and any supporting documentation that you have should be filed along with your application for worker's compensation.

7. Find an Attorney

You may need to find an attorney to help you. Make sure that you provide all the documentation that you have gathered after your accident to your attorney. Get your medical records and provide those records to your attorney as well. The more information they have when it comes to your case, the better they will be able to do their job and get you the compensation you deserve.

Speak to an attorney at Borbi, Clancy, & Patrizi, LLC if you have been injured in an accident at work. Let our law professionals evaluate your case. We can help you get the compensation you may be entitled to due to your accident.

4 Common Questions About Whiplash

Mon, 13 Jan 2020 20:59:11 GMT

Whiplash is a common injury associated with car accidents, and even after treatment, it can leave you with symptoms like chronic pain and limited mobility. Regardless of whether or not you were in a car accident, if you believe you may have whiplash, you need to learn everything you can to better protect yourself and future health. Check out these four commonly asked questions regarding whiplash.

1. What Causes Whiplash?

Whiplash is caused when your head is suddenly forced forward then backward. This jarring motion strains the joint, muscles, and ligaments in your neck. In most cases, whiplash is associated with car accidents because many accidents (rear-end collisions, in particular) cause this motion. The accident doesn't even have to be severe to cause whiplash as many people suffer whiplash from accidents at 5 to 10 miles per hour .

Other accidents and injuries can cause whiplash, such as falling from a high point. People who play high-impact sports like football also have a higher risk of whiplash injuries. The older you get, especially if you have other complications like arthritis, the easier it is to experience whiplash injuries.

2. What Are the Symptoms of Whiplash?

Symptoms of whiplash can appear immediately after the injury, but for many people, it takes up to 24 hours before they even realize anything is wrong. Initial symptoms may include neck pain and stiffness, causing limited mobility. Because of the tight muscles and ligaments, you may also experience headaches and/or dizziness.

In severe cases, the pain can radiate down into the shoulders or lower back. Some whiplash injuries may put pressure on nerves, which can cause numbness or tingling in the arms and hands.

3. How Is Whiplash Treated?

Your doctor will a plethora of information to diagnose your whiplash. First, the doctor will ask about your symptoms and perform a range-of-motion test. In mild cases, this may be enough for your doctor to diagnose, but if there may be further underlying damage, such as a fracture, the doctor may also use X-rays, CT scans and/or MRIs to diagnose the whiplash.

Treating whiplash, however, is not as cut and dry. While injuries from whiplash happen fast, the recovery process can be slow because you have to regain your normal range of motion with stretches and exercises. Some patients even need physical therapy treatments.

As your whiplash heals, you may experience mild to severe pain, which can helped with heat/cold and over-the-counter pain medications. If your pain is severe, talk to your doctor about prescription pain medications and/or muscle relaxants to help loosen muscles.

4. Are There Long-Term Complications?
The trick to whiplash is starting treatment fast and sticking to it. Unfortunately, treatment may be delayed, and your symptoms may simply be too severe to fully regain your full range-of-motion. If the whiplash actually caused injury to the spine like a fracture, your risk of osteoarthritis and spinal stenosis increases.

However, even with good treatment, many patients still have some whiplash symptoms years after their injury. In fact, a study in 2005 revealed that 71 percent of people in the survey still had whiplash symptoms seven years after the accident. Long-term symptoms of whiplash may include stiffness, back pain, jaw pain, headaches, blurred vision, constant weariness and weakness in arms and legs.

While many people get whiplash from car accidents, any action that suddenly causes your head to snap forward and backward can cause whiplash. Whiplash can often leave long-term symptoms, including arthritis. If you would like to know more about whiplash injuries, or if you need help getting a fair settlement for your whiplash, contact us at Borbi, Clancy, Patrizi, LLC, today.

Winter Slip and Fall Injuries

Wed, 27 Nov 2019 06:47:28 GMT

When winter weather sets in, sidewalks, parking lots, outdoor stairs, and streets become slip and fall hazards covered in snow and ice.

If you get injured in an ice- or snow-related slip and fall accident, it's important to seek prompt medical attention and keep thorough records of the incident and any follow-up treatment in case you decide to pursue a personal injury case against a property owner.

Liability

Slip and fall accidents nearly always involve some degree of responsibility for both parties. Citizens walking on any surface should wear proper footwear and pay adequate attention to their surroundings to avoid slipping or tripping.

Property owners must keep areas open to the public as safe as possible. Business owners who do not maintain their sidewalks, steps, and entranceways adequately may be liable for injuries caused by a slip and fall accident.

Owners might be found negligent if they failed to remove ice and snow within a reasonable amount of time. Other general duties property owners owe the public to reduce the risk of slip and fall accidents include regularly inspecting all walking areas and placing warning signs or cones in areas where they know citizens have a higher risk of falling.

Documentation

Begin gathering important information as soon as you have a slip and fall accident that results in injury. If you write things down early and start keeping a file of all documents related to the accident and your injuries. This way, you'll be in a much better situation to prove your case if you decide to file a lawsuit against the property owner.

Take pictures of the location of your accident as soon as possible so the conditions that caused your fall will still be visible. Move around to get pictures from multiple angles if possible. Also, take photos of any injuries you sustained before and after you get medical treatment, as well as during the healing process.

Note the date, time, and exact location of your slip and fall accident while you still remember all of the details. Write down a detailed account of what happened, including where you were, what you were wearing, the current weather, the condition of the walking path or parking lot, and any witnesses.

Damages

The primary damages awarded to slip and fall accident victims who prove their cases in court are medical damages. This money covers the expense of your medical treatment, including doctors' fees, facility fees, medications, and medical devices, including splints, slings, braces, walkers, crutches, wheelchairs, and any other necessary equipment for your injuries.

You may recover damages to cover the cost of any personal items that were damaged or destroyed when you fell, such as phones and eyeglasses.

If your injury requires you to take time off work to heal, have surgery, or visit your doctor, you might be entitled to compensation for your lost wages. Some slip and fall accident victims are able to recover additional damages for pain and mental suffering caused by the accident or your injuries.

Attorney Representation

Personal injury law can be very complex and confusing. If you decide to pursue a personal injury case due to a slip and fall accident, it's best to seek the advice of an experienced local personal injury lawyer.

If you haven't decided whether you want to file a lawsuit or if you're not sure if you would be entitled to compensation, seek the advice of an attorney as soon as possible.

New Jersey's personal injury law sets the statute of limitations on slip and fall accidents within two years of the date of the accident. That means you only have two years to file a lawsuit from the date of your fall.

Borbi, Clancy & Patrizi represent personal injury clients throughout south New Jersey. Contact us today if you've been injured in a slip and fall accident to set up a consultation appointment.

4 Common Examples of Medical Malpractice

Wed, 30 Oct 2019 09:57:39 GMT

There's a reason doctors practice medicine instead of do medicine: we are constantly learning more about the human body, illness, disease, and pain. Plus, thanks to technology, new equipment and services make the world of medicine a constantly evolving place. For these reasons, mistakes can be made, but when it comes to your health, a mistake can quickly evolve into medical malpractice.

If you think you may have a malpractice case, check out these four common examples.

1. Misdiagnosis

Even experienced doctors can misdiagnose a patient or two, but when it becomes malpractice, you may be able to sue. These types of cases can be difficult to prove because you need to show the doctor did not live up to their standard of care while treating you, and the misdiagnoses (or failure to diagnose) caused the condition to worsen or a new condition to develop.

For example, if you go to your doctor and complain about stomach pain, but the doctor neglects to check for gastritis or acid reflux, which causes the gastritis to worsen and create ulcers, you may have a malpractice case. On the other hand, if the gastritis or acid reflux went away on its own and caused no further compilations, there is likely no case.

2. Failure to Treat

Once your doctor has diagnosed you, they need to treat you. If they don't, they can get in trouble for failure to treat. This is common in settings with overworked doctors with too many patients. In the previous example, if your doctor had determined you had gastritis, they then need to provide a treatment, such as prescribing acid-controlling medicine and suggesting diet changes.

Failure to treat can also occur when your doctor fails to tell you about all possible treatments. If you have poor insurance, some services may not be covered, but your doctor should still inform you of the treatments.

Lastly, if your doctor doesn't monitor a condition, such as your rising cholesterol, they may be guilty of malpractice.

3. Surgical Errors

Surgery always comes with many complications, which is why you tend to sign a form that shows you fully understand the possible risks. However, errors should not occur during your surgery. Surgical errors are any mistake that could have been avoided, such as leaving a sponge inside of you after surgery.

While surgical errors can be due to the doctor's own incompetence or insufficient preparation, it can also be caused by poor communication or fatigue. Surgeons often work long hours, which may lead to fatigue or neglect.

Finally, if your doctor was under the influence of alcohol or drugs, they will likely be found guilty of medical malpractice.

4. Medical Product Liability

Medical product liability is a common reason patients sue for medical malpractice. If the item was designed poorly, had a defect during manufacturing, or is not properly marketed, it can cause damage and injury.

If this is the case, you can usually sue the company that made the product, but you may also be able to sue your doctor. This is because your doctor is involved in the chain of distribution. Even though they didn't design the product, they may be found liable too.

Others who may be included in your lawsuit include the testing lab, the medical sales rep, the hospital, and the retail supplier. It's always better to go after everyone you can to ensure you get the total amount you deserve.

Everyone makes mistakes, but if your doctor committed malpractice, you have a right to financial compensation to set things right again. Even if your doctor wasn't malicious, you may still have a case. For more information, contact us at Borbi, Clancy & Patrizi today.

Prevent Construction Accidents: Top Tips for Workers

Wed, 02 Oct 2019 03:53:48 GMT

Construction workers have one of the most dangerous jobs in the country,according to a recent study . When you are working in the construction trade, it's absolutely vital that you are aware of the potential dangers and take all reasonable safety precautions. Here are some of the top safety tips for anyone involved in construction work.

Always Wear the Appropriate Equipment
Your employer will provide any necessary safety equipment, so make certain that you wear it as required. Of course, you should wear your hard hat and steel-toed boots at all times. Also, wear your safety glasses as needed. Another good idea is to avoid wearing any loose-fitting clothes to prevent it from getting caught in machinery.

Follow All Lockout/Tag-Out Procedures
If you operate or service any dangerous equipment on a construction site, it's vital that you follow all lockout/tag-out procedures as required by the Occupational Safety and Health Administration (OSHA). The procedure involved shutting down any equipment that has the potential to emit hazardous energy, such as a power generator.

The term "lockout/tag out" refers to placing a lock on any dangerous equipment while it's not in use,as well as an attaching a tag to the machinery that warns workers to stay away from the device while it is locked. Follow the relevant lockout/tag-out procedures to the letter if you operate this type of machinery. If you see a lock or a tag on a machine,avoid making any contact with the device.

Prevent Slips and Falls
Falls and slips are common on construction sites. If you need to climb a ladder or scaffolding during your work, make sure the ladder is firmly planted on stable ground and that the scaffolding is secure. If you must use a harness, test it first to see that it's in good working order.

Another key point to remember is that that falls and slips often occur on the ground. The floors and walkways of construction sites are often uneven and it's easy to lose your balance if you are not careful. Always watch where you're walking and clean up any spills on the floor or walkway as soon as possible.

Avoid Falling Objects
Another of the most common causes of construction accidents are falling objects. Never remove your hardhat while on the site,as doing so will make you much more vulnerable to an injury from a falling object. Even if no work is going on, wear the hat. Aboard or some other object could come loose and fall at any time.

If you are working above ground level, have your hand-tools attached to a lanyard to prevent the tools from potentially falling onto another worker.

Prevent Motion Injuries
Motion injuries occur when a worker is engaged in activities that put extra stress on their bodies such as twisting, turning or lifting. Try to avoid making quick, sudden movements. If at all possible, do not carry heavy objects when you are climbing a ladder or scaffold.

To prevent back injuries,always bend your knees when you lift a heavy object. If you must lift heavy objects often, wear a back brace. Another good idea to avoid these types of injuries is to do some stretching exercises before the shift starts to keep yourself limber.

Follow these top tips to reduce the odds that you are injured due to a construction site accident. Unfortunately,even if you take all reasonable precautions,an accident can still occur. If an accident does happen to you, you will need expert legal counsel to help you get compensation for your injuries. Contact us at Borbi, Clancy & Patrizi for more information.

How Motorcycle Defects Can Lead to a Personal Injury Case

Fri, 30 Aug 2019 18:02:13 GMT

Motorcycle rides come with several inherent risks. However, even if a motorcyclist is doing everything they're supposed to do, an accident can still occur due to a defect or mechanical failure in the bike. Personal injury cases that involve product liability aren't always easy to navigate. Here is what you need to know about product liability issues that lead to personal injury lawsuits.

Understanding Motorcycle Defects

When a motorcycle accident happens because of a defective part or design, the personal injury case that results will fall under product liability laws. Just as with any mechanical device, a motorcycle contains several points of potential failure. Generally, there are three main categories of defects for motorcycles.

1. Motorcycle Manufacturing Defects

Motorcycles consist of numerous parts that must all work in concert to deliver a safe ride. If any one of those parts contains a flaw or problem that stems directly from the way it was made, then that part represents a manufacturing defect. Some of the more common types of motorcycle parts that can have these types of defects include:

Engines
Brakes and braking systems
Wheels and tires

Just about any part of a motorcycle can have a manufacturing defect. So don't assume it's not a product liability case just because it wasn't one of the more common components that failed.

2. Motorcycle Design Defects

When a motorcycle has a faulty overall design, it falls into the category of a design defect. In these cases, even if the manufacturer put the motorcycle together immaculately, a design flaw can make the entirety of the product faulty and dangerous. For example, if a motorcycle design includes an imbalance that can cost the bike to flip over at a certain speed, then that's a design defect.

3. Motorcycle Labeling Defects

Under product liability laws, labels, warnings, and other documentation are a part of the product itself. Warnings, labels, and instructions should point to potential dangers a rider wouldn't reasonably or automatically be aware of. For example, if a component of your bike heats up to the point where you can receive a severe burn, proper labels should warn you of the possibility.

All these types of motorcycle defects can lead to very serious accidents and injuries, yet the major issue with product liability cases stems from the need to prove that the defect directly, indirectly, or significantly contributed to the accident.

Proving Moto rcycle Defects

Insurance companies will want hard evidence and investigation. In many cases, they will want to know your maintenance routines and riding habits. For example, they may wonder if you experienced a defect or if poor maintenance habits contributed to the wear on a motorcycle component.

Practice safe riding habits and keep service records as well as documentation of every component you purchase for your bike. You should also periodically check for recalls related to your motorcycle or its components. If a manufacturer issued a recall in the proper way, but you ignored it or didn't know about it, then you can weaken your case.

One key thing you or someone you trust can do after an accident is to document everything that lead up to your injury. For example, if your bike felt a little off, or your brakes suddenly acted up, then someone should write down the details. This isn't always possible immediately after an injury, but it's something you should do as soon as you possibly can.

If you're in a moto rcycle accident , contact a legal group familiar with New Jersey personal injury laws. Don't attempt to take any action and don't speak to anyone about the accident before you speak to an attorney. Contact Borbi, Clancy & Patrizi immediately so we can help you figure out how to take the next step.

Dehydration in Nursing Home Residents

Wed, 14 Aug 2019 04:18:09 GMT

Dehydration among nursing home residents is not uncommon; however, it may be preventable. If your senior loved one loses too much fluid from the body, they can experience significant medical and psychological problems, and in some cases, loss of life.

If your loved one becomes ill because his or her symptoms of dehydration were not recognized and treated, contact a personal injury lawyer, who will evaluate your concerns to determine if you should pursue legal action against the nursing home. Here are some things you should know about dehydration in nursing home residents:

Causes

Many elderly individuals, especially those who have Alzheimer's disease or other cognitive deficits, may be unable to ask the staff for water when they get thirsty. While a communication barrier does pose challenges to both elderly residents and the nursing home staff, a nursing home resident should not become dehydrated because of it.

Nursing home staff members should not only provide water to residents when they ask for it but also at regular intervals throughout the day. If your loved one has communication deficits and becomes dehydrated because he or she was unable to ask for water, the nursing home staff may have been negligent.

In addition to communication barriers, other causes for dehydration include side effects from diuretics. Also known as "water pills," diuretics are prescribed to treat high blood pressure, liver failure, kidney problems, and edema.

While effective in managing these conditions, diuretics cause excessive and frequent urination, and sometimes, potassium and sodium abnormalities. Other causes of dehydration may include fever, infection, diarrhea, vomiting, and refusing to drink water. Nursing home staff should know which medications each resident is on and should be extra aware of dehydration symptoms in diuretic users.

Symptoms

One of the first signs of dehydration is increased thirst. However, your loved one may be unable to tell the staff that he or she is thirsty. Decreased urinary output is also another common symptom of dehydration, and in addition to scanty urine flow, the urine may be concentrated and dark yellow.

Elderly individuals may also experience headaches and dizziness if they are dehydrated, as well as poor skin turgor. The next time you visit your loved one in the nursing home, perform a simple skin turgor test on the individual to check his or her hydration status.

To do this, simply grasp the skin on the back of the senior's hand for a few seconds, and then let go. If the skin fails to return to its original position, the person may be dehydrated. While the skin turgor test is considered relatively reliable, the skin of elderly people may not be as elastic as the skin of younger individuals, and, therefore, may be slow to "snap back."

If they do not recognize and treat early symptoms of dehydration, your loved one may develop the following:

Low blood pressure
Lightheadedness
Fast heart rate
Fever
Seizures
Shock

Dehydration can be life-threatening, especially in its later stages. Allowing mild dehydration to progress to late stage dehydration, may indicate nursing home negligence.

Treatment

Dehydration is treated by replacing lost body fluids through the oral intake of water, broths, electrolyte sports drinks, or even ice chips. If oral interventions fail to reverse dehydration, your loved one may require intravenous fluid therapy. In addition to fluid replacement, a physician needs to determine the underlying cause of dehydration.

While your loved one is undergoing treatment for dehydration, avoid giving the individual caffeinated drinks because they may further add to dehydration, as they can cause frequent urination.

If the nursing home resident becomes dehydrated as a result of diarrhea or vomiting, the physician should be notified as soon as possible. If the nursing home staff failed to notify the physician, or if the physician failed to prescribe the appropriate treatment, negligence or even malpractice may have been committed.

To learn more about dehydration in nursing home residents or to speak with a personal injury lawyer about nursing home negligence, contact us today.

4 Possible Chronic Complications After a Personal Injury

Wed, 31 Jul 2019 03:30:49 GMT

If you've been injured, and someone else is to blame, you deserve a fair settlement to pay for your medical bills, lost income, and pain and suffering. However, in some cases, the extent of the injuries isn’t clear until after you've accepted a settlement. At that point, you are responsible for any future medical bills and complications.

In order to better protect yourself and ensure a fair settlement, consider these four possible chronic complications that can occur after a personal injury.

1. Brain or Spinal Cord Injuries

Brain injuries can range from mild to severe. Symptoms of mild brain injuries may include headache, loss of consciousness for a minute and fatigue. Symptoms of more severe brain injury symptoms, which may result in long-term complications, include convulsions, dilation of one or both pupils, clear fluids draining from the nose/ears, profound confusion, and coma.

Similarly, spinal cord injuries are common after a personal injury, such as a cut or damaged spinal cord, which may result in limited mobility. Some patients may experience total paralysis from the neck or waist down. Some patients diagnosed with paraplegia or quadriplegia may actually learn to walk again or regain some mobility.

2. Joint Injuries

Joint injuries are also common after an accident. These can include damage to your spine, ankle, wrist, hip, knee and any joint in your body. Ideally, once your joint heals, you'll be back to normal. Unfortunately, joints are complicated, and damage and injury can lead to chronic complications.

At the very least, you may have reduced mobility in the joint. Even with regular strengthening and exercising, it may never be as flexible as it used to be. However, some joint pain can lead to chronic arthritis or joint inflammation. This can make using the joint painful and worsen mobility.

3. Scars and Disfiguration

Depending on the type of injury, you may have scars and or disfiguration from the accident. For example, you may develop a compound fracture, which means the bone protrudes from the skin. Even after the bone has healed, there may be a scar from where the bone penetrated the skin. Unfortunately, while medical professionals can do a lot, they usually can’t completely remove every scar.

If you do have scars and disfiguration from your injury, you can usually get a better settlement. This is not only because of the changes in your appearance, which may affect your overall life and well-being. Scars and scar tissue are also less flexible than normal skin, which may cause future complications.

4. Mood Changes

After an accident, your mood may change, and this can happen for many reasons. The trauma of the accident can cause anxiety or even PTSD. Other people may notice other changes, such as increased anger, loss of interest in things you used to enjoy, and depression. This can be exacerbated if you have a long-term physical symptom from the accident.

For example, if you have a large scar, you can become self-conscious and not want to leave the house, leading to agoraphobia. Brain injuries may actually change your personality or mood. Depending on the severity of the mental damage, your personality or ability to communicate your mood and wants can completely change.

If you've been injured in an accident, you may not even know the full extent of your injuries. That minor pain in your back may lead to chronic arthritis. Even if you don't think you've been hurt, you should seek medical attention after any accident. To better protect yourself and/or to learn more about how chronic injuries can affect your settlement, contact us today at Borbi, Clancy and Patrizi, LLC today.

Retaliation After Worker's Comp: How to Seek Compensation

Thu, 27 Jun 2019 00:00:00 GMT

When you are injured on the job, you have rights. Unfortunately, some employers will not want to provide you with the compensation that you deserve and may even attempt to punish you for seeking compensation in the first place. When this happens, you'll need the help of an attorney experienced with legal issues pertaining to employment law.

Consider Retaliation as Grounds for a Lawsuit

Retaliation is the act of penalizing an employee for engaging in an activity that is protected by law, such as seeking worker's compensation. For example, you may become injured while on the job and file a worker's compensation claim, only to discover that you have had your hours reduced, have not received a bonus, or have had your pay reduced.

Some workers are passed up for promotions and others have their employment terminated. You may find that your job responsibilities have abruptly changed in a way you do not agree with. Any of these could potentially be grounds for a lawsuit for retaliation.

Know What Isn't Covered

Some changes in the behavior of an employer are not actionable in court. For instance, if your employer stops behaving in a friendly manner toward you and instead begins behaving in a professional manner, even if you don't like this, it would not be something you could take legal action against.

Your employer may have even been advised by his or her attorney to modify how you two communicate with each other.

Know If You are Covered

You must be an employee in order to be protected by state law. Your employer might argue that you were actually an independent contractor. However, this would be difficult to support if your employer was required to maintain worker's compensation insurance.

To be protected from retaliation, your employer must either carry insurance or must participate in a state worker's compensation insurance program. You'll have an easier time arguing for retaliation if you have won your worker's compensation claim.

However, if you have lost this claim, you may still argue that your employer retaliated against you. This depends on whether your claim denial was a result of presenting knowingly false information.

Prepare for a Counter-Argument

Your employer will attempt to argue against the argument that they punished you for filing the claim by presenting an alternative explanation. For example, your employer may argue that you would have been punished regardless of whether you filed the claim. For that reason, you'll need to work with an experienced attorney who will help craft your argument for why you were the victim of retaliation.

The courts will seek to determine if the action taken against you was fair based on whether your employer had a legitimate reason to take this action. If your pay was reduced as part of a broader series of pay cuts affecting multiple coworkers, you may be unable to win a case for retaliation. This is referred to as causation.

Prove Causation

Causation is one of the more challenging things to prove. You will need to document exactly when you made your claim and also document when the acts of retaliation began. The more evidence you have to support your case, the better.

A common issue is when an employer seems pleased with your performance but claims that you have poor performance after the wrongful termination claim. If you can prove that your employer was pleased with your performance before the worker's compensation claim, you can demonstrate that the new and harsher performance review was for ulterior motives.

To make sure that you have the most solid defense possible when arguing that you were retaliated against, contact the Borbi, Clancy & Patrizi . We specialize in assisting those who were injured due to someone else's negligence. At the very least, you will understand your rights.

3 Parties Who May Be Responsible for Your Swimming Pool Injuries

Fri, 17 May 2019 02:32:56 GMT

During the summertime, there are not too many places as much fun to cool off in New Jersey as a local swimming pool. While a pool can be great gathering places to have fun, they can also be rift with danger. When you combine pool decking surfaces with water and crowds of people, you run the risk of a slip and fall or other types of water related incident occurring.

Swimming pool accidents can often result in very serious injuries and expensive medical bills, but who's to blame? You may be surprised to find out that it might not be you.

1. Property Owner

When trying to figure out who is responsible for your injuries, one of the first things you want to consider is whether the location was safe where you were injured.

Was the property owner negligent in any way in respect to their care and/or maintenance of the property? Did they provide reasonable care of the location to ensure your safety? If the answer is no to either of these questions, the property owner may be responsible for your injuries and in turn responsible for your bills.

In New Jersey, in order to file a premise liability lawsuit you must be able to show that your injuries were caused by an unsafe or defective condition on the owner's property. You must also be able to show that owner knew about or should have reasonably known about the risk and failed to take the necessary steps in order to reduce and/or eliminate the risk.

For example, had the property owner been made aware of the standing water around the pool decking? Did water-slides, pool fountains, or other water features located within the pool over-spray the pool and cause excessive water to build up where there was no mechanism in place to clean it up? Were there loose or missing tiles in the decking? If so, the property owner may be responsible.

2. Property Management Company

If the pool you were injured at is a public pool or one located within an apartment complex, the responsible party for your injuries may not necessarily be the property owner but the property management company.

This liability is because the upkeep and maintenance of the pool is normally the responsibility of the company managing and/or leasing the property. They are usually held to the same level of standard within the premise liability law that the owner would be held to.

3. Swimming Pool Maintenance Company

Were your injuries caused by the caustic chemicals used to clean and balance the pool, such as chlorine and bromine? When used and/or stored improperly, exposure to and/or incorrect levels of these chemicals in the pool can lead to injuries such as chemical burns, eye and ear injuries, and even respiratory damage.

Were you injured due to a malfunctioning or damaged component of the pool? Damaged drains, electrical shortages, and vacuum lines can cause injury and even death. If either of these scenarios apply, and the pool is being maintained by an outside company, your injuries may be the responsibility of the swimming pool maintenance company.

It can often be very difficult to discern exactly who or what has caused your swimming pool related injury. Fortunately, at Borbi, Clancy & Patrizi we have extensive experience in figuring this out, and we will help you to file a personal injury lawsuit in order to recover any money you have had to pay out of pocket, as well as ensure that you are compensated for your pain and suffering. Give us a call so that we can help you.

Potential Causes of Bedsores and Bruises in Nursing Homes

Tue, 30 Apr 2019 02:06:21 GMT

When your loved one lives in a nursing home, you expect that he or she will be well taken care of. Unfortunately, nursing home negligence is not an uncommon problem and can be related to staffing problems, poor training of the direct care staff, and failure to monitor residents adequately.

If your loved one is injured or becomes ill as a result of nursing home negligence, you will need to contact a personal injury law firm. Here are some potential causes of pressure ulcers and bruises — two common symptoms of nursing home negligence — and what to look for the next time you visit your elderly family member.

Bedsores

Bedsores, also known as pressure ulcers, are caused by excessive pressure on the skin. Elderly people with thin skin or those who are unable to reposition themselves may be at a higher risk for developing pressure ulcers. If your loved one is unable to change position independently, he or she will need to rely on the staff for help.

Position changes need to be performed every couple of hours and as needed. If the nursing staff fails to reposition your loved one, redness over a bony prominence such as the heel, lower back, hip, and elbow may develop. If the pressure is not relieved, the redness may progress to an open wound or ulcer.

In addition to excessive pressure and friction, the risk for pressure ulcers may increase in those with poor circulation or in people who are malnourished. If you notice areas of redness, open sores, blisters, or deep wounds on your loved one's body, call the doctor immediately, and then consult with a personal injury lawyer who may want to review your loved one's medical records.

If needed, the nursing staff members who took care of your loved one may be called into the lawyer's office for a deposition. After reviewing your case, your attorney will determine if you have enough evidence to pursue litigation against the nursing home.

Excessive Bruising

If your loved one has multiple or large bruises on his or her body, negligence may have occurred. While certain medications such as aspirin and anticoagulants can affect platelet function and cause abnormal bruising, rough handling or frequent falls can also result in bruises.

If the aging individual has been taking aspirin or prescription anticoagulants for years without any evidence of bruising, new bruises may be an ominous sign that the nursing home staff has been negligent.

The physician may order a complete blood count, or CBC, to determine if the medication has altered platelet function. If so, chances are that the excessive bruising was caused by the aspirin or anticoagulant. However, if platelet levels are within normal limits, further medical and legal investigation may be warranted.

If your loved one is cognizant, ask him or her if any members of the nursing staff were too rough when performing routine care or if a fall occurred. When aware elderly nursing home residents confirm that they were mishandled by staff, they may have grounds to pursue legal action against the facility.

A severe fall or hip fracture can cause permanent disability, and if the person hits his or her head on the floor when the fall occurs, a brain injury may develop. If a lawyer can prove nursing home negligence, you and your family may be entitled to a substantial monetary reward for pain and suffering and for future medical care.

Even if you may believe that your loved one was a victim of nursing home negligence, you may have to wait months as a lawyer collects meticulous evidence from medical records, staff members, video footage, and witness testimonies before filing your lawsuit.

If you need to speak with a personal injury lawyer about potential nursing home negligence, contact us now to request your consultation.

Should You Consult a Workers' Compensation Attorney?

Tue, 26 Mar 2019 15:32:23 GMT

Unfortunately, some jobs can be quite dangerous. The good news is that most employers are required to hold a type of insurance called workers' compensation. Through this type of insurance, employees can file a claim when they are injured.

However, not all employers are willing to help you as they should when you are injured. Other times, there can be confusion about whether or not your workers' compensation claim is even valid. The good news is that, in these types of situations, a qualified attorney experienced with workers' compensation matters can be of great help to you.

So, what are the indicators that you should seek legal assistance? Here are a few possibilities.

You Were Injured at Work, but You Weren't on the Clock

The most common and easily proven workers' compensation claims come from employees who were injured at work while working.

Whether you were lifting heavy boxes as directed by your employer or you slipped while mopping the floor, if you were doing your job in the workplace, filing a claim is a no-brainer

Keep in mind, though, that injuries sustained while you were not actually working - such as when you'd just clocked out or when you were just stopping by to pick up your paycheck - aren't as easy to get compensation for.

When the lines are blurred, and there is potential confusion about whether or not you have a valid claim, it is wise to seek professional legal advice.

Your Employer Is Making Medical Demands

Another indicator that you may need some legal assistance with your case is if your employer insists that you visit a particular doctor or a company doctor.

In many states, you are allowed to seek medical assistance from any doctor you prefer, especially if you suspect the company doctor may have the company's best interest, not yours, in mind.

However, some states allow your employer or the employer's insurance provider to choose the doctor. A lawyer can help you determine what legal rights you have dependent on where you live.

Your Employer Said No

Workers' compensation exists to protect you. So, it can be a shock if you get denied. You should know, however, that just because your employer denies your workers' compensation claim does not mean that you are not entitled to workers' compensation.

As long as you have sustained a valid work-related injury, which you can prove, you should be able to receive the money owed to you. Sometimes, though, it takes a little fight on your part, preferably with the help of an attorney, to get what you're entitled to.

You Can't Pay Your Medical Bills

One of the main reasons that workers' compensation exists is so that you won't be stuck with huge medical bills and the resultant debt after being injured on the job.

Unfortunately, in spite of that fact, some employers do not want to provide the compensation you need to cover your medical expenses.

If the compensation that you're offered is a smaller amount than what you need to pay your bills related to the injury, speak with an attorney. Sometimes, employers need a little legal guidance to do what is right and fair and to pay the maximum amount of workers' compensation funds.

As you can see, many signs indicate your possible need for a workers' compensation attorney. Aside from the needs on this list, remember you can always contact an attorney anytime you have a question or concern about your workers' compensation claim. After all, it's better to be safe than sorry.

If you need a great lawyer familiar with workers' compensation , be sure to contact the legal experts Borbi, Clancy & Patrizi. We would be glad to help.

5 New Jersey Dog Bite Laws You Need to Know About

Wed, 13 Feb 2019 20:59:33 GMT

Dog bites can lead to serious injuries including cuts, bruises, lacerations, amputations, and disfigurations. In some cases, dog bites can lead to fatal infections, and attacks can cause death. To protect the citizens of New Jersey from the aftermath of dog attacks, the state has some strict rules. Here is what you need to know about dog bite laws.

1. New Jersey Is a Strict Liability State

Concerning dog bites and attacks, the state of New Jersey is a strict liability state. With most personal injury cases, you have to prove that the responsible party was negligent to establish liability.

However, with dog bite cases the owner is automatically liable if their dog attacks you on public property. The owner is liable even if the dog has never attacked or shown any signs of aggressive behavior before.

Owners are also liable if their dog attacks you on their property. However, in these situations, you must be on the property legally. In other words, you need to be invited or you need to be there for a legally sanctioned task such as delivering the mail. If you are trespassing, the owner may not be liable for the attack.

2. Comparative Negligence Can Reduce Victim Settlements

The state also has comparative negligence laws. If the victim contributed to the injuries, they may be held partially responsible. With dog attacks, contributory negligence usually involves actions such as teasing or provoking the dog.

If the courts decide that the victim was partially responsible for the attacks, they assign a percentage to the victim's role. To win a settlement, the victim needs to be less than 50 percent responsible.

Then, the settlement is reduced accordingly. For instance, if the victim is responsible for 20 percent of the attack, according to the courts, their settlement is reduced by 20 percent.

3. Damages Can Include Actual Expenses and Intangible Costs

When victims bring a lawsuit against a dog owner, the lawsuit is designed to get the victim justice through the form of the monetary settlement, and the settlement is based on damages that the victim has incurred as a result of the accident.

Some of the damages are actual expenses such as medical bills, lost wages from being unable to work, the cost of people to help around your home, traveling to medical appointments, physical therapy, and similar expenses.

However, some of the damages can be related to more intangible costs. For example, if you are disfigured, that can affect how you are perceived during your life, and to make up for that fact, your lawyer may argue that you deserve a larger settlement.

Similarly, if you lose abilities or suffer as a result of the attack, your lawyer will try to get you a settlement to cover those damages.

4. Dangerous Dogs Can Face a Range of Punishments

When a dog is labeled as dangerous, its owner may have to take a number of different steps. In cases where the attack was deadly or serious, the dog may need to be euthanized. With less serious attacks, the courts may order the owner to enroll the dog in obedience classes or muzzle them while in public.

5. Victims Have a Two-Year Statute of Limitations

If you want to bring forward a lawsuit against a dog owner, keep in mind that you have a limited amount of time, which is typically two years. If you wait longer than that, you may not be able to hold the dog owner liable.

To learn more, contact us today. At Borbi, Clancy & Patrizi, we have the experience you need to fight a dog bite case.