Do You Have a Claim for Intentional Infliction of Emotional Distress?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Personal Injury Attorney Intentional infliction of emotional distress (IIED) is one of the most common tort claims brought in civil court; however, what many people don’t know is that it is also one of the most difficult claims to prevail on.  The […]

Using a Special Needs Trust to Protect A Personal Injury Settlement and Public Benefits

By Fredrick P. Niemann, Esq., NJ Special Needs Trust Lawyer Personal injury attorneys and their clients should avoid receiving payment from a defendant or the defendant’s insurer into the attorney’s trust account for any funds that are intended to be placed into a special needs trust.  Payment of funds to the plaintiff’s personal injury attorney […]

When Not to Use a Special Needs Trust

By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on […]

No Parental Immunity for Father Who Failed to Rescue Son from Fatal Fire

Christopher J. Hanlon, Esq., a Personal Injury Attorney A father’s failure to remove his child from a car before it burst into flames falls outside the exercise of child-rearing philosophy which the parental-immunity doctrine is intended to protect, a state New Jersey appeals could held. The three-judge Appellate Division panel reinstated a dismissed wrongful death […]

Bicyclists Must Obey Traffic Laws

When a car or truck has a collision with a bicycle, the bicycle rider usually loses, no matter who legally had the right of way. Bicycle riders should take extra care to obey the following safety tips: Remember: Bikes Are Vehicles, Too Legally, bicycles traveling on a road are required to be treated in the […]

Car Accidents Occur Every Ten Seconds

For more information on car accident cases, click here. There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New […]

Bicycles and Head Phones Don’t Mix

There is a tragic story out of Virginia.  Apparently a 15 year old was riding his bicycle when a car approached him from the rear. According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car. According to accounts, the […]

Another Sc**w Job By a Disability Insurance Company

Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants. Its tax time and the insurance companies are sending 1099’s to those with whom it entered settlements last year. At least one company is telling the IRS, via the 1099’s that the settlements are taxable benefits, even if […]

Doctor Called “Immediate and Serious Threat To Public Health”

Finally, a state getting serious about a doctor with a history of inadequate care. The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an “immediate and serious threat to public health.” Dr. Suzanne B. Rothchild’s medical license was suspended after the board reviewed […]