The Process of Obtaining Evidence by a Lawsuit is called Discovery: Learn about the Discovery Process in This Post

HNW Additional Practice Areas, Personal Injury and Negligence Cases

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Personal Injury Litigation Attorney Whenever there is a lawsuit, there is a period called discovery in which both parties can find out evidence that is fair game to be used at trial and argued over in court.  Once this discovery period of time ends, parties can no longer ask of evidence and other materials from their adversary or third parties. The day in which the discovery period ends is called the “discovery-end-date.”  Unless exceptional circumstances are shown by a party attempting to get particular evidence into the recover in the court will usually bar that party’s request. For example in a recent personal injury matter, a client …

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

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 following elements must be proven: (1) the defendant acted intentionally or recklessly in doing the act alleged to be wrongful which produced the emotional distress; (2) the conduct was so extreme and outrageous as to go beyond all bounds of human decency; (3) the defendant’s actions caused the emotional distress; and (4) the distress was so severe that no reasonable person could be expected to …

When Not to Use a Special Needs Trust

HNW Elder Law, Special Needs Trusts for Minor Children and Adults

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 the onset to make this determination. Some of the reasons that the trust may be inappropriate are: •   The beneficiary does not qualify. For example, the beneficiary may not be disabled or may be over age 64. •   The beneficiary may not be receiving means-tested public benefits, such as SSI and Medicaid, and may never require such benefits in the future. Also, the amount may …

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

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 suit by the boy’s mother and ordered a new trial on whether the father’s actions were negligent. “This case simply involves a father exposing his son to the risk of injury by not removing him from the car before the fire erupted,” Judge Marie Simonelli wrote for the court. According to the opinion, Jasford Wiggin was driving his BMW on Route 78 in Springfield on …

Bicyclists Must Obey Traffic Laws

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 same way as any other vehicle traveling on the road would be. This means that, as a bicyclist, you must obey the same laws as other drivers do. Do not run red lights, change lanes without signaling, or commit other infractions.  If you would not do it in a car, don’t do it on a bike. Wear a Helmet The easiest way to protect yourself …

Car Accidents Occur Every Ten Seconds

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company. In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages. In New Jersey, …

Bicycles and Head Phones Don’t Mix

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident. The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.

Another Sc**w Job By a Disability Insurance Company

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 the benefit itself was not taxable! If you are getting disability benefits and you paid the premium for the policy, then any benefit you get is non-taxable. That’s straight up federal tax law. A major company is taking the position that “yes, you are right but since this is a settlement we are going to report it to the IRS as taxable.” Pure, outright fraud …

Doctor Called “Immediate and Serious Threat To Public Health”

HNW Additional Practice Areas, Personal Injury and Negligence Cases

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 nine cases that alleged inadequate care by her.  According to court records. Rothchild has been accused of medical malpractice 12 times since 1993.

Should a Lawsuit Say Exactly What You Are Asking For?

HNW Additional Practice Areas, Personal Injury and Negligence Cases

In the state of West Virginia, legislation which would prohibit specific financial demands for damages in personal injury and wrongful death cases from being included by attorneys has drawn support from both trial attorneys and defense counsel. Earlier in March, the state’s Legislature passed House Bill 4120, which would prohibit such demands. Exceptions are provided by the bill for cases when a specific amount is necessary for obtaining or preserving jurisdiction or otherwise required by an existing statute or rule. A similar law for medical malpractice cases is already in place. West Virginia Governor received the bill after it was unanimously passed by both the House and Senate. The president of the West Virginia Association for Justice, mentioned two lawsuits …