Personal injuries are a fact of life. The entire system of personal injury law is in place for the purpose of compensating individuals for the damage they suffer because of someone else’s negligence. Injured parties should not have to bear the burden of medical expenses, lost wages and pain and suffering because of the lack of care of others.

Generally, when you suffer a personal injury as a result of someone else’s negligence, you have two years from the date of the accident to file a lawsuit. However, if the negligent actor is the government or one of its employees, special restrictions apply.

Under the New Jersey Tort Claims Act, public entities and their employees must be put on formal notice of a potential personal injury claim within 90 days of the accident. The notice allows the government entity to have six months to investigate the accident before a lawsuit can be filed.

The notice must include the name and address of the injured part as well as the date, place and circumstances of the accident. The injured party must describe the injury and the name of the public entities or employees causing the injury. Finally, the notice has to state the amount of damages suffered.

Failing to adhere to the 90-day requirement results in an absolute bar to bringing a lawsuit. This means that you may not be compensated for the injuries that you suffered because of the negligence of the government or one of its employees. As a result, your rights will not be properly asserted.

Deciding to sue a state or local government is a decision that your attorney will make following your initial consultation. But it is critical for anyone who suffers an injury on government property or because of a government employee’s action to consult with a personal injury attorney as soon as possible. When it comes to state and local government, timing is critical. Time is money.

The personal injury attorneys at Pellettieri, Rabstein & Altman have handled cases against state and local governments since 1929. Following your injury, the first step in asserting your rights is sitting down with one of our experienced attorneys. The rest is up to us.

Today’s athletes are bigger, faster and stronger than ever before. High school athletes are no different. Nowhere is the evolution of the high school athlete more evident than the great state of New Jersey. And no sport showcases the physical nature of high school sports more than football.

In New Jersey, powerhouse football programs like Don Bosco and Bergen Catholic continue to send dozens of athletes to big time college football programs every year. Some of these athletes even make it to the National Football League. Every weekend in the fall, thousands of fans flock to high school football games to watch these student athletes battle. And battle they do. But at what cost?

High school sports injuries are on the rise. Injuries like broken bones, torn ligaments, and most commonly, head injuries. Head injuries are accounting for a majority of the injuries on the high school, college and professional levels. Many critics will point to the size of athletes and increasing game speed. Some will emphasize the inherent danger that comes with playing the sport. But others will place blame for injuries on the shoulders of the coaches, athletic departments and school districts where these injuries occur.

Most recently, a New Jersey high school football player passed away four days after collapsing at practice. The player’s parents filed a lawsuit against the coach, athletic director, principal and the school district. In addition, they sued the company that sold the football equipment to the school. The suit alleged that the defendants were negligent by failing to supervise the athlete, protecting him from an unreasonable risk of harm and failing to recognize the signs of a head injury. The parties recently settled the lawsuit before trial.

When it comes to sports injuries, especially head injuries, there are ways to prevent permanent damage. If high school athletic departments and their employees are negligent in their treatment of injuries, lives can be changed. If this happens to you or one of your loved ones, you need a law firm who is going to fight to compensate you for your loss. You need a law firm who is going to go all the way for you. You need Pellettieri, Rabstein & Altman, where winning isn’t everything, it’s the only thing.

You should remember though, it is not necessary to wait until the minor is eighteen (18) years old to file the lawsuit in her/his own name. While the extra time can certainly relieve some of the pressure in deciding whether to file a lawsuit, it is not necessary to wait that long, and there are strong incentives to file a lawsuit sooner rather than later. Often, witnesses’ memories deteriorate and evidence is destroyed as time marches on. A minor’s parent or legal guardian can bring a lawsuit on the minor’s behalf any time up to the minor’s eighteenth (18th) birthday, after which time, the minor (now an adult) can bring the lawsuit in her/his own name. If a parent or legal guardian does bring a lawsuit on the minor’s behalf, there can be significant advantages: evidence hasn’t spoiled, witnesses’ memories haven’t faded, the insurance company hasn’t gone out of business, etc.

One thing to keep in mind is that once a lawsuit is filed on behalf of a minor, the conclusion of that action (whether settlement or a jury verdict) will forever end anyone else’s right to bring a lawsuit for that injury on behalf of the minor, including the minor’s right to bring a lawsuit in her/his own name once s/he turns eighteen (18) years old. Once an action is concluded, it is concluded forever. While the extra time on the Statute of Limitations for a minor does give a parent or guardian more options and more time, it also requires more consideration and more important decisions. If your child has been injured, you should consult an attorney to make sure you understand your and your child’s rights. A skilled personal injury attorney can not only protect your rights before, during, and after a case goes to court, s/he can also help you make the tough decisions of whether or when to file a lawsuit on behalf of your child. Call 1-800-432-LAWS to speak with a skilled and experienced personal injury attorney, who can answers all your questions about your and your child’s rights.

Facebook me. These two words have become as much a part of our culture as “call me” or “text me”. In a little over 8 years, Facebook has become one of the most used websites in the entire world with over 1 billion users. Signing up requires only an email address and as a result, everyone’s using it, from your middle school student to your grandmother. Times have changed and Facebook has changed the way information is shared.

Facebook can be a great tool. The site allows people to keep in touch even if they are on different parts of the globe. Facebook acts as a high school reunion, an event planner, an advertising tool, and even a political forum. Grandparents can see pictures and video of their grandchildren’s first steps. Military personnel can connect with their loved ones, even if they are stationed abroad.

But with Facebook’s positive features, there are also many dangers. Cyber bullying, invasions of privacy, sexual predators and damaging information have all become areas to watch out for. These abuses occur because Facebook is a public forum. Facebook users can see mostly anything that is shared on Facebook by one of its users. Even with increased privacy settings, the public forum of Facebook can lead to unexpected consequences.

If you are going to use Facebook, it is wise to live by one simple rule. If you have to think twice before posting information on Facebook, don’t. Facebook users such as employers have continued to use Facebook as a tool when interviewing potential employees. If you wouldn’t want a potential employer to see your Saturday night activities, leave it off Facebook.

This golden rule also applies to your personal injury case. When someone suffers a personal injury, it is likely that there are activities that you can no longer do because of that injury. When attempting to escape liability, defendants will often scour your Facebook page to find inconsistencies. This is why many personal injury firms will ask their clients to deactivate their Facebook accounts or restrict the information that they share with others. It can be the difference in your case.

Remember, if you have to think twice before posting information on Facebook, don’t.

In a statement released less than an hour after the NCAA imposed sanctions on Penn State University for the child sex abuse scandal it was reported that the school would accept both the sanctions and the “ruling (that) holds the university accountable for the failure of those in power to protect children and insists that all areas of the university community are held to the same high standards of honesty and integrity.”

Fast forward to last Monday when a Penn State trustee, along with several other board members, indicated that they intend to appeal the sanctions placed on the University.  In a letter to the NCAA they state that while they are committed to showing respect for the victims “these objectives should not be achieved by ignoring or trampling upon the fundamental rights of others”.   Fundamental rights of others?  Fundamental rights speak to the individual freedoms given to us as citizens of the United States.  Those rights include freedom from the injury of others.  The fundamental rights of concern in this ugly situation are the minor children whom Penn State allowed to be abused upon its campus and at its sports facilities.

First the insurance companies attempt to revoke their responsibility to the victims – now Penn State is appealing the sanctions placed upon them.  Plaintiff’s law firms like ours protect the rights of the victims of personal injury when the insurance company, school, or employer will not.  If you are a victim of personal injury – be it sexual, negligence or other call us for a no-cost consultation at 1-800-PRA-LAWS.  We can help.

If State Farm Fire & Casualty and the Federal Insurance Company, the insurer for The Second Mile Charity, have their way then the victim’s rights to be compensated may be compromised.  Both organizations have filed complaints with the court asking to be excused by the court to pay claims to the victims.  State Farm, the insurance company that wrote the Sandusky’s homeowner policy since 1985, believes it should be exempt from civil lawsuits despite the fact that most homeowner’s policies provide coverage for individual’s neglectful acts – either at home or in public.  A similar lawsuit was filed by the insurer for The Second Mile Charity – the charity founded by Sandusky and the place where he met all 10 of his victims.

The NCAA fines Penn State $60 million dollars to help establish victims’ programs, bans them from postseason play for four years, and slashes its scholarship program – all punishments the University will have to accept.  However, when it comes to the victims – two insurance companies have already taken measures to remove themselves from providing compensation after years of collecting payments for premiums to cover risk to the wrongfully injured by their insured.  Remember insurance companies are in the business of covering risk for the individuals and entities they choose to insure.  Now they just want to keep their profits so as not to pay out to the innocent victims of their insured.

The next time someone speaks badly of a personal injury lawyer remember – we fight for you and receive no payment unless you do – can you say the same about your insurers?

According to Mary E. O’Dowd, Commissioner of the Department of Health, “Adequate levels of nursing care are drivers of patient health outcomes.  By making this information available, health care consumers will have additional information that they can use to determine which nursing home might be the most appropriate place for a family member or loved one.”

The Nursing Home Staffing Level Report, which will be updated quarterly, shows staff-to-resident ratios for each of the following nurse categories: Registered Nurses (RNs), Licensed Practical Nurses (LPNs), and Certified Nursing Assistants.

The reports can be accessed by following the link,

http://nj.gov/health/healthcarequality/nhstaffing.shtml

As an attorney who frequently deals with the unfortunate incidences of nursing home neglect many claims filed for neglect are based upon issues with inadequate staffing.  I highly recommend everyone reviewing these reports before making any nursing home decisions.

For more information, or if you or a loved one has been involved in a neglectful situation, please visit our website at www.pralaw.com or call me for a free consultation at 800-PRA-LAWS.

http://www.southjerseylocalnews.com/articles/2012/07/19/medford_central_record/news/doc500832f423a88542602143.txt?viewmode=fullstory

Those five lines were scribbled, in oddly familiar handwriting, on the end paper of my Trial Advocacy textbook, circa 1981.  It’s funny how one’s handwriting changes over the years.  Some might contend that it matures in expression to follow its architect.  Others will argue that handwriting is a mere tool, having no inherent quality.

I pause momentarily to deconstruct the indulgency of my attempt at poetic hieroglyphics, before hurling the book through the attic floor into the large cardboard box below, marked “donations” at the foot of the drop-down ladder. Surely, I wrote the stanza as a diversion during a particularly dull lecture about voir dire, the process by which a jury is “interviewed” and selected.  Alternatively, perhaps I was subconsciously listening to the voir dire, and postulated whether jurors were influenced by subtle, near-invisible factors, coexistent with identity . . . something on an atomic level, like quarks. . .or maybe just cultural quirks.

Was I projecting my own geographic sensibilities upon the equation? As a native South Jerseyan, attending law school in Atlanta, might a southerner rightly find a Philly cheesesteak resting comfortably on the barcalounger of my mind’s home theater?  Does human decision-making reside in neuroscience, like some invisible Mr. Potato Head dust mite trying on different ears and eyeglasses?  Where does the corpuscle of nature end and where does the culture of nurture begin?

Now, almost thirty years later, as a practicing attorney, I find that I am still wondering about the building blocks of persuasion.  Why do some arguments persuade some people, yet utterly fail to resonate with others?   Is there an unseen locomotion which motors the hand of the juror to accept one side of a dispute, while rejecting the opposing side?   Put another way, does the signature of the individual mature to reflect that person’s life experience or does the learned task of scrivening the signature dictate the disposition of its author?   Does the dog wag the tail or vice-versa?  If literary theory is instructive, civilizations process information through a primordial image which resides in a culture’s collective imagination.

That archetype can be illustrated by comparing American with Russian culture.  It is axiomatic that Americans place a very high value upon individual freedoms.  Indeed, the rights of the individual in American society are mirrored in the English language.  In America, a judge would say: “Members of the jury, you are here to decide Zachary’s case.”  In contrast, in Soviet Russia, a judge would say:  “Members of the jury, you are here to decide the case of Zachary’s.”    In the Russian language, the possessor always follows the object it possesses whereas in English, the reverse is true.

It is no surprise that the sensibility of a Russian-speaking native thinks about the individual in a way which subordinates the individual to the collective whole.  In other words, the way in which a Russian expresses thoughts happens to be the same way that the political structure operates.  In America, what is important is that an individual, Zachary, has a case.  In the Russian example of the same sentence, the emphasis is on the case (the object) as opposed to the individual (the subject).  In fact, the syntactic positioning in Russian is object–verb–subject, exactly opposite of the English order.  Is it any wonder that the concept of the anti-hero was embodied in Notes from the Underground, the work of a Russian novelist?

Eastern cultures tend to elevate the importance of the family group over that of the individual.  Some European and Eastern cultures may be more inclined to obey authority figures.  As Americans, proud home to the melting pot of ethnicity, we eschew the practice of stereotyping.  Arguably, that Western trait is too a cultural stereotype.

Our juries in America are a wonderfully diverse population of citizens. The jury selection process allows lawyers to excuse potential jurors and accept others, in an effort to assemble an impartial panel of jurors.  In New Jersey, lawyers are allowed to exercise a limited number of “peremptory challenges” to excuse a particular juror from the panel.  The lawyer need not explain why he/she has excused the juror.  Occasionally, a juror’s selection may be challenged “for cause.” For example, a juror may admit to having been poisoned by the insurance industry’s wrong-headed (but well-funded and often effective) anti-lawsuit propaganda.  The trial judge should dismiss that juror, even if neither lawyer seeks to do so by use of a challenge for cause.  The most daunting task for attorneys representing accident victims is to deal with the anti-justice effects of insurance industry and Chamber of Commerce advertising. Some jurors have long forgotten that the civil justice system, awarding money to compensate for injury, is founded upon the Old and New Testaments. In my summations, I try to journey with jurors back to those American roots.

I think of each juror as a pillar, supporting the weight of a great monument, like the Lincoln Memorial.  Atop that collection of columns rests the roof, a collective consciousness, constructed by the group. The positions I posit, if successfully argued at trial, will create a natural platform, whose dimensions accord with the archetypal structure.  My goal is to identify the collective psychological concerns of the jury which spring from the legal dilemmas posed by the lawsuit.

The theme of the trial should harness symbolic narratives which express those concerns. To do otherwise is to disregard the elementary, cultural components which we all inherit from our writing, speaking and ultimately thinking environments.  As for whether my five-liner was the product of an enlightened daydream or merely abject boredom, I shall respectfully leave that anonymous decision to whomever happens to retrieve it from the donation box.  For now, that cheesesteak in my mind’s home theater beckons . . . so I must exercise a peremptory challenge to the author of this article.

About the Author
Bruce H. Zamost is an attorney with the law firm of Pellettieri, Rabstein & Altman concentrating in the fields of personal injury and accident and medical malpractice law.

In an online poll of nurses conducted by the American Nurses Association (ANA) nearly three quarters of the participants reported insufficient staffing at their workplace.

So what effects do these shortages have on patient care?  The Agency for Healthcare Research and Quality indicates that facilities with low nurse staffing levels tend to have higher rates of poor patient outcomes with patient safety and quality of care on the decline.  Studies indicate that lower nurse staffing levels are associated with an increase in hospital acquired infections (such as MRSA and C-diff), pressure ulcers and falls.  Nursing home patients are especially susceptible to neglect because unlike acute care patients, long-term patients are more directly affected by the care and relationships they have with the nursing home staff.

Moreover, the same ANA poll referenced above indicated that more than half (52%) of the nurses report that the quality of care on their unit had declined, and half said they would not feel confident having someone close to them receive care in their facility.

If you or someone you love has suffered from pressure ulcers, fractures or another manner of nursing home neglect call an attorney at 609-520-0900 for a no-cost consultation.