Ozempic Side Effect Claims and Litigation

Understanding Your Legal Rights: Potential Claims for Injuries from Ozempic and Other Similar Medications Prescribed for Weight Loss

Ozempic, a medication primarily prescribed for managing type 2 diabetes, has gained popularity as a weight loss drug. While it has provided significant benefits for many, there have been alarming reports of severe side effects, including gastroparesis, stomach paralysis, MAION vision loss, and even leading to blindness. If you or a loved one has experienced such injuries, it’s crucial to understand your legal rights and potential claims against the manufacturers, Novo Nordisk and Eli Lilly who may be facing numerous lawsuits by those harmed.  These medications within the semaglutide family are marketed heavily under the following trade names: Ozempic, Wegovy, Saxenda, Victoza, Mounjaro, Rybelsus, or Zepbound.  Many patients prescribed these medications benefited from managing diabetes and losing weight when nothing else worked; however, there are a number of people whose experience led to permanent digestive changes and some with vision loss.

The Risks of Using Ozempic for Weight Loss

Ozempic (semaglutide), a GLP-1 medication, works by mimicking a hormone that regulates blood sugar levels, but its off-label use for weight loss has raised concerns. Some individuals have reported serious side effects, such as:

  • Gastroparesis: A condition that affects the stomach muscles and prevents proper stomach emptying, leading to severe digestive issues.
  • Vision Loss: Including partial or complete blindness, which can drastically impact quality of life.
  • Other side effects under investigation include Wernicke’s Encephalopathy, Malnutrition requiring hospitalization, or Pulmonary aspiration while under anesthesia or during surgery.

Legal Grounds for a Claim

If you have suffered from these or other severe side effects after using Ozempic, you may have grounds for a legal claim based on:

  1. Product Liability: Manufacturers have a duty to ensure their products are safe for use. If Ozempic was defectively designed, manufactured, or lacked proper warnings about potential side effects, you might have a product liability claim.
  2. Failure to Warn: If the manufacturer failed to provide adequate warnings about the risks associated with using Ozempic for weight loss, they could be held liable for resulting injuries.
  3. Negligence: If the manufacturer did not conduct sufficient testing or ignored evidence of potential harm, they might be found negligent.

Steps to Take if You’ve Been Injured

  1. Seek Medical Attention: Your health is the top priority. Ensure you receive appropriate medical care and document all treatments and diagnoses related to your injuries.
  2. Document Your Experience: Keep detailed records of your Ozempic use, including prescriptions, dosages, and any side effects experienced. This information will be crucial for your case.
  3. Save Evidence:  Save your prescription containers together with any unused medication
  4. Consult a Legal Professional: Contact an experienced pharmaceutical litigation attorney to discuss your case. They can help you understand your rights and guide you through the legal process.

Why Choose Davis Saperstein & Salomon PC?

At Davis Saperstein & Salomon PC, we have a proven track record of holding pharmaceutical companies accountable for the harm caused by their products. Our team of dedicated attorneys, including Marc Saperstein, is committed to fighting for justice and securing the compensation you deserve.

Diet drug litigation is not new to attorney Marc C. Saperstein, who in 1997 investigated injuries suffered by users of the then-popular diet drug fenfluramine/phentermine, commonly called fen-phen.  His investigation led Saperstein to file class actions in both New Jersey and New York to prove responsibility for the heart valve injuries caused by the medication to tens of thousands of fen-phen users.  Saperstein also filed individual claims and sued the manufacturers for money damages caused by the product, together with reimbursement of past medical expenses and future medical monitoring.

As a pioneer in the field of Mass Tort and Class Action litigation against some of the most powerful pharmaceutical companies, Saperstein participated in the trial team of a New Jersey case that paused in the midst of the trial to lead to a national settlement and mechanism for resolving claims nationally.

Marc Saperstein has extensive experience in mass torts, class actions, and significant litigation cases. Here are some highlights of his career:

  1. Mass Torts and Class Actions: Marc Saperstein has been involved in numerous high-profile mass tort and class action litigations. He served as NJ/NY Class Counsel for the Fen-Phen class action litigation, representing individuals who were injured by the diet drug.
  2. Phen-Fen Litigation: In addition to his role in the Fen-Phen class action, Marc has represented individual consumers who suffered injuries from taking this drug
  3. Tobacco Class Action Litigation:  Saperstein also filed suit against Big Tobacco for medical monitoring and consumer fraud in the State of New Jersey, which led to a national settlement resulting in changes in the way Big Tobacco marketed its harmful products and funding for state-sponsored smoking cessation programs. He was part of the Louisiana Tobacco Class Action Trial Team, which secured a $500 million verdict against Big Tobacco
  4. Complex Litigation: Marc has handled some of America’s most complex legal cases, other than product liability actions, tobacco, and pharmaceutical class actions.  Many of his other victories in New York and New Jersey include catastrophic injuries resulting in permanent disability, paralysis, or death from truck and bus crashes.  Other cases involved construction site and workplace injuries caused by negligence and OSHA violations.
  5. Professional Recognition: Marc is recognized for his expertise in mass tort litigation, class actions, personal injury litigation, and product liability litigation. He has been acknowledged by being awarded several honors and awards for his legal abilities and ethical standards.

For more detailed information, you can visit his profile on the Davis, Saperstein & Salomon P.C. website at  Marc C. Saperstein Esq. | Davis, Saperstein & Salomon, P.C. or by calling 1-800-529-2000 for a free telephone consultation.

Legal claims for injuries against pharmaceutical companies, due to the cost and complexity of suing a manufacturer of a drug, are typically brought by a collaboration of several law firms partnering up with their legal experience and financial resources to successfully hold negligent manufacturers legally responsible for the harm their products may have caused.  As an attorney with mass tort experience, Saperstein is partnering up with some of America’s most successful mass tort lawyers to investigate and litigate viable diet drug claims.

If you or a loved one has been injured by a diet drug medication such as Ozempic or a similar product, don’t hesitate to reach out to Davis, Saperstein & Salomon, P.C.  for a free consultation. They are there to support you every step of the way.

Contact Us Today

For more information or to schedule a consultation, please visit our website or call us at 1-800-LAW-2000.

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Two People Killed in North Bergen Apartment Fire

In the early hours of Thursday, April 3, 2025, a devastating fire broke out in North Bergen, New Jersey, claiming the lives of two people and displacing seventeen others. The blaze was reported around 1:30 AM on the 10th floor of the Cullum Apartments, a 16-story, 300-unit building on Grand Avenue. When firefighters arrived, they saw flames blowing out of the windows. Sadly, after entering the apartment, they discovered an 88-year-old man and a 77-year-old woman had tragically lost their lives.

It took firefighters at least an hour to get the fire under control. Although the flames were mostly contained in a single unit, the residents from seventeen apartments were displaced until further notice. In addition to the two fatalities, a third person was hospitalized and is reported to be in stable condition, and two police officers suffered smoke inhalation injuries and are in stable condition. The fire remains under investigation by the authorities.

This high-rise building in Hudson County serves as public housing for seniors and people with disabilities. It’s managed by the North Bergen Housing Authority, which has previously dealt with the death of a 71-year-old occupant back in 2002.

The Hudson County Prosecutor’s Office and the County Medical Examiner’s Office are expected to investigate the fire. Although there is no indication that arson played a role in the cause and origin, the county prosecutor’s office investigates fatal fires to determine whether or not arson was the cause.

If arson is ruled out, fire officials will continue their investigation to determine the exact cause and origin of the fire. Fires can start in many ways, smoking in bed, unattended candles, overloaded electrical circuits, Christmas tree fires, and kitchen appliance fires.

Although the prosecutor’s office will investigate a fire for criminal conduct, a civil trial attorney is needed to discover how the fire started and if it could have been avoided. Experienced civil trial attorneys such as Partners Marc. C. Saperstein Esq., and Samuel L. Davis Esq., of New Jersey’s injury law firm Davis, Saperstein & Salomon, P.C. investigate and prove how the fire started, and how it could have been avoided. For that reason, they recommend burn survivors and their families seek a law firm experienced in fire loss and death claims as soon as possible to hold the negligent parties responsible.

Since fires can cause loss of property and life, buildings are required to be constructed with safety systems and features, including fire sprinklers in apartments and common areas. By code, they must have a fire detection system that alerts occupants and the fire department of a fire.  Apartments have sophisticated gas detection systems that are monitored in accordance with NFPA 72 of the 2021 International Building Code of New Jersey.  Buildings of this nature are designed to serve the senior and disabled communities. They benefit from code requirements, fire containment doors, multiple exit systems, handicapped ramps, and advanced warning systems.  But what happens if one of these systems fails?

Tenants have the right to know that proper fire prevention systems, including smoke detectors, are installed within their apartment complex’s common areas and units. More importantly, they should be assured that apartment building managers were not negligent in performing their legal obligations by regularly inspecting apartments and common areas and testing fire advance warning systems in place.

Since apartment fires are foreseeable, if any safety code requirements are intentionally or unintentionally ignored, the management may be subject to be sued in civil lawsuits alleging negligence for injury due to fire, which can include burn injuries, smoke inhalation, and tragic death.

To prove that an owner of an apartment building is negligent for fire-related injuries or wrongful death, survivors or families of the deceased must win a lawsuit where it’s determined that management had breached a duty to keep tenants safe and, as a result, someone suffered damages.

So, even if the tenant caused or contributed to a fire, the building management and owners have a duty to make sure fire safety and deterrent systems are in place and working.

Failure to do so will subject the building owners, operators, and building management to being sued, which can be quite complicated.

Lawyers who sue apartment owners and managers for monetary damages are known as civil trial attorneys.  But still, these personal injury lawyers may not have experience winning a lawsuit on behalf of a fire victim or their grieving relatives.

To prove negligence, an experienced fire injury lawyer must first ascertain the “cause and origin” of the fire, which usually requires a law firm to hire cause and origin experts.  These experts are often retired fire or building code officials who conduct their own inspections.  They can find out if a defectively manufactured heater, wire, or appliance caused the fire, or if building operators neglected to maintain fire safety systems that contributed damage.  In that case, the product manufacturer and the building owner, management company, or housing authority could be sued for negligence of failing to provide necessary safety features and devices designed to save lives, and a product liability lawsuit.

Marc C. Saperstein, a lawyer certified by the Supreme Court of New Jersey as a Civil Trial Attorney and past president of a New Jersey trial lawyers association, has handled several cases in his career, winning millions of dollars on the part of badly scarred children and people who died by fire.  As an expert in burn and explosion litigation in New Jersey and New York, he’s worked with expert witnesses and public officials to prove landlords’ and apartment owners’ negligence. He has handled complex cases including a structured settlement for $28,000,000 on behalf of two badly burned young boys after a fire started when an over was used to provide heat during a cold winter because the slumlord failed to provide heat.  Other cases involved trials or settlements for gas tank explosions, industrial fires, and fires from Christmas tree lights.

As a founding partner of Davis, Saperstein & Salomon, P.C., a personal injury law firm with offices in New Jersey and New York, Marc C. Saperstein has worked hand in hand with Samuel L. Davis, also a lawyer who is an expert in fire and burn litigation.  Attorney Samuel L. Davis and his team of lawyers also resolved a case involving an electrician who suffered severe electrical burns while on the job, winning an out-of-court settlement with a present value of $28,000,000 in a civil lawsuit suing a building owner for personal injury.  They and their fire investigation team are on call 24/7 to provide free legal advice and consultation and can be reached at 201-907-5000 or 1-800-LAW-2000.

 

 

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Traumatic Brain Injury May Heighten Risk of Dementia Later in Life

Every year, traumatic brain injuries (TBIs) affect millions of Americans of all ages. Brain injuries can have immediate and dramatic impacts on your cognitive health, and they could increase your risk for some neurological disorders later in life. Recent research has linked instances of head trauma with a higher chance of developing dementia, a serious condition that impairs the ability to think, remember, and reason.

 Can Head Trauma Cause Dementia?

Two recent studies have shown strong links between sustaining traumatic head injuries and developing dementia later in life. A study conducted by Swedish researchers examined three million subjects aged 50 or older who had received a TBI or dementia diagnosis. The researchers compared those who had experienced head trauma to those who hadn’t, as well as siblings who had had TBIs to siblings who hadn’t. A similar study in Denmark examined another 2.8 million dementia patients and patients with previous TBIs. 

The results were striking. Both studies found that those who had suffered TBIs were about 25 percent more likely to develop dementia later in life than those who had not. These links remained strong even after researchers adjusted for differences in the subjects’ family histories, early lives, and education. 

The risk of dementia was also reportedly higher for patients who experienced severe or multiple TBIs. Danish researchers found that the risk of dementia from a severe TBI is double that from a mild TBI. The risk of dementia also increased by 33 percent after two or more TBIs, 61 percent after four, and 183 percent after five. 

Both research teams noted that their findings do not explain how head trauma contributes to dementia and recommended further study. One researcher also suggested, “If you’ve had a TBI, it’s worth paying attention, so you don’t have another one.”

It is important to know and understand the cause of your TBI because you may have legal rights to sue for a settlement or award you money for your pain, suffering, mental disability, and loss of income. To understand your options, you need to consult with a personal injury lawyer who specializes in traumatic brain injury cases and is an expert in brain injury lawsuits. The partners and Lawyers at Davis, Saperstein, and Salomon, P.C., have over 25 years of experience in representing people who have suffered a brain injury due to accidents and other causes. They know how to test and prove the extent of the injury, how to set up the right cognitive therapy, and how to use the wrongdoer for the injuries they caused.

Common Causes of Traumatic Brain Injuries

Thousands of people suffer traumatic brain injuries every year throughout New Jersey and New York. Some of the leading causes of TBIs include:

  • Slip-and-falls
  • Car, truck, motorcycle, bicycle, and pedestrian accidents
  • Physical assaults and other intentional acts of violence
  • High-impact sports and recreation accidents 
  • Accidents on unsafe properties
  • Injuries from dangerous drugs or other unsafe products
  • Preventable injuries from medical malpractice incidents
  • Nursing home neglect or physical abuse

 Symptoms of Traumatic Brain Injuries

Every TBI case is different, and the symptoms of each unique TBI differ depending on the circumstances. For instance, the following symptoms are common in patients with relatively mild brain injuries:

  • Loss of consciousness that lasts a few seconds to a few minutes
  • Feelings of disorientation or confusion
  • Unusual problems with memory or concentration
  • Changes in mood or unusual depression or anxiety
  • Headaches, dizziness, and loss of balance
  • Nausea, vomiting, and an unpleasant taste in the mouth
  • Fatigue, difficulty sleeping, or sleeping too much
  • Changes or difficulties with speech
  • Sensory issues, such as ringing in the ears
  • Unusual sensitivity to lights or sounds

Patients who suffer moderate to severe TBI might experience more pronounced symptoms, such as the following:

  • Loss of consciousness that lasts several minutes or hours
  • Disordered consciousness or the inability to wake from sleep
  • Persistent headaches or headaches that worsen over time
  • Persistent nausea or vomiting
  • Convulsions and seizures
  • Persistent dilation of one or both pupils
  • Clear fluid draining from the nose or eyes
  • Weakness or numbness in the extremities
  • Unusually poor coordination or slurred speech
  • Severe confusion, agitation, or other unusual behavior

Long-Term Consequences of Traumatic Brain Injuries

The human brain is a complex organ, and there is still much to learn about the long-term health implications of traumatic brain injuries. However, the personal injury attorneys at Davis, Saperstein & Salomon, P.C. see that those who suffer TBIs often experience the following financial losses:

  • Expensive appointments with neurologists and other healthcare specialists
  • The costs of prescription medications and specialized medical devices
  • Expenses for physical therapy sessions or rehabilitative surgeries
  • The costs of paying for at-home healthcare aides or housekeeping services
  • The costs of modifying homes or vehicles to make them patient-accessible
  • Income losses due to missed time at work during recovery
  • Projected losses in future earning capacity due to permanent impairments
  • The loss of employment and inability to perform their job

Many traumatic brain injuries cause permanent effects, both for the individual and their family. With the help of an experienced brain injury attorney, you can seek the money required to cover these ongoing expenses, modifications, and losses.

Head Trauma Prevention Strategies

Sustaining a TBI doesn’t necessarily mean developing dementia later in life. But regardless of your medical history, you should consider the following risk-reduction strategies to lower your chances of future TBIs:

  • Wear a seat belt every time you drive or ride in a vehicle
  • Never get behind the wheel if you have been drinking alcohol
  • Avoid distracted driving behaviors like texting while driving
  • Make sure children have appropriate safety restraints in vehicles
  • Wear a protective helmet during high-impact recreational activities
  • If you are over 60, talk to your doctor about fall prevention 
  • Check your medications for side effects like drowsiness or dizziness
  • Get your eyes checked yearly and update prescriptions as needed
  • Make sure children are supervised and in safe play areas at all times

While there are no proven approaches for preventing dementia, you can lower your risk by taking care of your health in the following ways:

  • Participating in regular physical activity
  • Managing your blood sugar appropriately
  • Preventing and managing high blood pressure
  • Preventing and correcting hearing loss
  • Limiting alcohol consumption and quitting smoking
  • Seeking psychological treatment for depression

Contact a Lawyer to Learn About Recovering Money for Your Traumatic Brain Injury

The personal injury attorneys of Davis, Saperstein & Salomon, P.C. are dedicated to exploring new studies concerning the link between TBIs and dementia. We understand how devastating traumatic brain injuries can be and how they affect entire families. Steven Benvenisti, a partner at our firm, sustained a TBI in his early 20s. He thankfully recovered and dedicated the rest of his career to helping people who sustained traumatic brain injuries. We have recovered over $1 billion in our fight to help the injured recover from devastating accidents caused by negligence. 

To learn more about your legal options following a TBI, contact our brain injury lawyers to schedule a free case review. There’s no charge to meet with us, and we don’t get paid unless we recover money for you.

This post was originally published in May 2018 and has been updated for accuracy and comprehensiveness in April 2025.

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Montvale Parkway Bus Crash Results in Serious Injuries

What started as a celebration of the birth of a Monsey Rabbi’s grandchild ended in a tragic bus crash injuring over fifteen young men.   

In the early evening of March 10, 2025, a bus carrying students traveling north on the Garden State Parkway heading from Lakewood, NJ back to New Square in Rockland County, NY turned over on to its side facing the wrong direction injuring at least 15 students and its 44-year-old bus driver. One passenger was seriously injured and is fighting for his life after being ejected from the bus and was pinned under the overturned bus.  Reports indicate that a 14-year-old boy was  initially feared dead; however, his pulse was revived at the accident scene.  

According to reports, the bus was carrying approximately 31 minors and two adults.   At least 13 people were transported to local hospitals, some in serious condition.  The crash happened at 7:30 PM at Garden State Parkway northbound mile marker post 170.9 near the James Gandolfini Service Area, just south of Exit 172.  Local Montvale and New Jersey State Police, together with firefighters and emergency medical personnel, including Rockland Hatzoloh Ambulance Service medical responders, responded to the bus accident scene.  

New York and New Jersey licensed personal injury attorney, Marc C. Saperstein, a lawyer and partner at Davis, Saperstein & Salomon, P.C.  who is an expert in bus accident litigation commented, “it appears from the severity of this crash that this bus accident was no “accident”… it was caused by negligence, plain and simple.”  He went on to say, ”the children on the bus should never have been subjected to the physical and emotional injuries they suffered that evening,  my thoughts and prayers are with the injured and their families during this difficult time.”

Authorities reported that “Based on a preliminary investigation, a school bus operated by Joseph Itzkowitz, a 44-year-old male from Lakewood, NJ, was traveling north on the GSP.”  The statement further read, “In the area of milepost 170.5, the bus traveled off the right side of the roadway and overturned.”  Other reports so far indicate that it remains unclear as to what caused the bus to veer off the roadway, however there were skid marks identified near the accident scene. 

School bus accidents like this bring back memories of recent tragedies, including the Paramus bus accident on Route 80 that occurred on May 17, 2018.  “Although changes were made regarding student bus safety, they have not gone far enough,” according to Saperstein who is representing several families of those injured in the Paramus bus accident.   

Investigations into bus accident can be quite complex.  Aside from human error, the cause may be roadway design, mechanical failure, negligent entrustment to and inadequately trained bus driver, inadequate safety protocols, speeding, and actions of other negligent drivers, including non-impact reckless drivers that left the accident scene. 

Undoubtedly, during the next days and weeks, more facts and details as they emerge will be disclosed. 

New Jersey  Governor Phil Murphy was briefed about the severity of the Montvale bus crash prompting him to announce that an investigation was underway by the New Jersey State Police and the New Jersey Department of Transportation. 

For more information about interstate personal injury litigation and bus crash accidents contact Marc C. Saperstein at 201-907-5000 or marc.saperstein@dsslaw.com

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Davis, Saperstein & Salomon, P.C. Founding Partner Garry R. Salomon, ESQ. Recognized By New Jersey Association Of Justice With Notable Gerald B. O’Connor Award

Somerset, NJ: Davis, Saperstein & Salomon, P.C. Founding Partner Garry R. Salomon, Esq. was honored by receiving the distinguished Gerald B. O’Connor Award at the 8th Annual New Jersey Association for Justice (NJAJ) Awards Dinner on February 27, 2025. The event took place at The Palace at Somerset Park in Somerset, NJ, and was attended by hundreds of renowned and respected lawyers and legal professionals throughout the state.

Fellow Davis, Saperstein & Salomon, P.C. Partner Adam B. Lederman, Esq., who has served as President of NJAJ since 2024, proudly introduced Garry Salomon. During his introduction, Adam highlighted not only Garry’s legal accomplishments, but his personal attributes to the firm and to his colleagues. “Garry is the reason I started this career, and the reason I’m standing up here tonight,” Adam said. “It is truly an honor and a privilege to recognize someone who is not only an extraordinary lawyer, but also a person whose integrity, kindness, and character are unparalleled.” Adam continued to underline Garry’s achievements as the firm’s managing partner, “Through his guidance, Garry has led our firm through decades of success. Under his leadership, the firm has built a reputation for excellence, drawing on Garry’s deep knowledge of our practice, meticulous approach to our systems, and the creative strategies he develops in every case.” Adam concluded, “Garry has made it his mission to do what is right, even when no one is watching, and that is a huge part of why he’s achieved the success he has.”

Garry Salomon thanked the board members of NJAJ by saying, “I’m truly humbled to actually get this award. I didn’t do it to get an award; Everything I’ve given to this organization was with passion and love.” Incorporated in 1976, The New Jersey Association for Justice has over 2,500 members, including attorneys, paralegals, law clerks, law students, and more. It is headquartered in Trenton, NJ. Garry Salomon has been a member of NJAJ, formerly ATLA-NJ, since 1984. In 1997, President Harrison Gordon appointed Garry to the Board of Governors, at which time Garry, along with his partner, future President Marc C. Saperstein, Esq., became extremely active in successfully fighting vicious tort reform initiatives promoted by CALA (Consumers against Lawsuit Abuse). In 2000, together with Tommie Ann Gibney, Garry founded Litigation at Sunrise, a long-standing early morning seminar at NJAJ’s annual Boardwalk and Meadowlands conferences. In 2024, after being an active member of NJAJ for over a decade, Davis, Saperstein & Salomon, P.C. Partner Adam B. Lederman, Esq. was installed as President for the 2024-2025 term.

The Gerald B. O’Connor Award was created by the NJAJ Board in memory of Gerald B. O’Connor, a skilled and respected trial lawyer known for his compassion and humanity. According to NJAJ’s website: The award is presented to veteran current or former NJAJ members who, like Gerald B. O’Connor, have had a stellar legal career and have exhibited skill as a trial attorney; have exhibited creativity as a trial attorney; have exhibited professionalism as a trial attorney.

For more information on NJAJ, visit www.nj-justice.org.

About Davis, Saperstein & Salomon, P.C.

Davis, Saperstein & Salomon, P.C. has been committed to providing exemplary legal representation in personal injury matters for over 35 years. The firm has secured over $1 billion in verdicts and settlements for clients in New Jersey and New York and has helped over 35,000 families. Davis, Saperstein & Salomon, P.C. has 27 lawyers, of which 12 are certified by the Supreme Court of New Jersey as civil trial attorneys, an honor held by less than 2% of attorneys throughout New Jersey. The firm offers free and confidential consultations and maintains offices throughout New Jersey and New York City. For more information, please call 201-444-4444, or visit www.dsslaw.com.

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Fatal Crash Shuts Palisades Interstate Parkway At NY/NJ State Line

During the early hours of February 28, 2025, the Palisades Interstate Parkway near Alpine, NJ was shut down in both directions due to a serious car accident that unfortunately resulted in the loss of life. Law enforcement responded to the crash near Exit 5B (NY-303) just before the Northvale/Alpine border. Too often, New Jersey and New York drivers are stuck in traffic only to see the cars wrecked as a result of a collision that caused property damage and death. We drive by the scene, inevitably “rubber neck”, and quickly drive off, maybe an hour or two behind our busy schedules, but grateful that it wasn’t us involved. 

But, why the delay? Shouldn’t they clean up the accident scene right away, restore normal traffic flow, and protect the public from the sight of death and destruction? The truth is that once an accident results in death, the investigation is elevated to that of a potential crime scene. This also occurs in collisions where it appears that the victim may not survive as determined by the first responders, in this case, likely to be the Palisades Interstate Parkway Police, Bergen County Sheriff, and the Bergen County Prosecutor’s Fatal Accident Squad.  

What Happens After a Fatal Highway Accident?

If you are reading this due to the loss of a loved one, please accept our sincerest condolences. As injury lawyers, we understand that as you and your family grieve, you’re looking for answers. However, too often things are a lot more complicated than they seem. 

Once a roadway death occurs, law enforcement officers with different specialties arrive at the accident, trained, knowledgeable, and ready to perform their crucial roles at the scene. Local police on New Jersey State Highways, such as the Garden State Parkway, New Jersey Turnpike (I95), and Route 80 primarily fall within the jurisdiction of the New Jersey State Police. 

A fatal accident investigation includes highly trained accident reconstruction experts, forensic experts, medical examiners, police photographers, and law enforcement laser surveyors who map out the important details of the fatal scene. By using computer-generated images, they typically show the final resting place of the accident victim, the point of impact, and other items involved in the accident, such as cell phones, shoes, vehicles, and fuel spills. Detectives will then scour the area for potential eyewitnesses, video cameras, dash cams, intersection cameras, Ring doorbells, business surveillance cameras, and even bank ATMs which have video capabilities. 

How Long Does it Take for Police to Release Information About Traffic Accidents?

Although the families are interested in how and why the collision happened, the police normally are quite silent and give few, if any, answers as to the cause and origin of the crash. In fact, it could take several weeks or months until the investigation is concluded, and the findings are released. If alcohol or drugs were involved, the delay can be extended up to six months or more, until a Grand Jury indictment determines that the collision occurred due to negligence, which would make it a civil lawsuit as opposed to a criminal prosecution.

There is one saving grace. Law enforcement is required to update the victim’s family members pursuant to (OR in accordance with) New Jersey’s Rights of Crime Victims and Witnesses (N.J.S.A. § 52:4B-36) law. This law requires representatives of the prosecutor’s office to provide status updates to victims and their families. 

When Should You Call a Wrongful Death Lawyer?

One thing that law enforcement does not like is a concurrent investigation by a plaintiff’s personal injury lawyers. For that reason, it is necessary to hire the right experienced New Jersey wrongful death lawyers to investigate the accident scene and facts without interfering with the fatal accident unit’s investigation.

Nevertheless, our advice is to act immediately to hire an experienced wrongful death attorney who has built a solid reputation as a wrongful death litigator. With the backing of a substantial New Jersey injury law firm, your experienced lawyer will file the necessary documents to establish and set up the estate to appoint the Executor or Administrator of the Estate. For example, in New Jersey, if there is a surviving spouse, these steps need to be taken within the first 40 days after the date of death. You may also need to file a special Notice of Claim within ninety (90) days of the accident regarding potential claims about roadway design defects, poor roadway maintenance, and collisions with police or construction or maintenance vehicles. 

Why Choose Our New York and New Jersey Wrongful Death Attorneys?

The New York and New Jersey injury lawyers at Davis, Saperstein & Salomon, P.C. have accepted the somber responsibility of seeking justice for those unable to have a voice due to their passing. Often, like a puzzle, the facts must be carefully pieced together from circumstantial evidence. An expert wrongful death lawyer knows which experts to hire, such as toxicologists, pain and suffering experts, accident reconstructionist experts, forensic experts, medical examiners, and safety experts. They also know which economists to hire to determine the financial losses to the surviving family members. It is never too soon to hire a lawyer. Truck accident lawyers understand this because if a fatality is involved, established national trucking companies will send their lawyers to the accident scene to protect the driver from making statements, asserting the Fifth Amendment privilege, or hiding behind the attorney-client privilege.  

For more information about wrongful death lawsuits and your rights to sue for money because of a fatal car or truck accident, call New Jersey’s Davis, Saperstein & Salomon, P.C and ask for a free copy of The Consumer’s Guide to New Jersey Personal Injury Claims (2025) authored by attorneys Garry R. Salomon and Jeffrey E. Salomon. This handy 200-page softcover book features a chapter specifically on New Jersey’s Wrongful Death Laws and will provide answers to your questions, such as how the law works and how to hire the best wrongful death personal injury lawyer for your case. Wrongful death cases are accepted on a contingency fee basis, meaning the legal fee is a percent based upon the amount of money in the final settlement. Attorney Garry R. Salomon has over 30 years of experience in handling death cases and has lectured to bar association groups about the complexities of the law. He can be reached at (201) 444-4444 to schedule a free, no-obligation, consultation in person or by video call.  

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What Is Considered a Permanent Injury?

New Jersey drivers need to know what a “permanent injury” is because it could affect your car accident case. 

In New Jersey, motorists who opt for the standard auto insurance policy must choose between two options that affect how much money they can pursue after an accident. These two options are the Limited Right to Sue option — also known as “Verbal Threshold” insurance — and the Unlimited Right to Sue option. 

Since the Limited Right to Sue is the least expensive of the two, many motorists select it by default. New Jersey drivers with the basic auto insurance policy also automatically have the Limited Right to Sue Option. This option bars the policyholder from suing an at-fault motorist for pain and suffering unless they meet certain thresholds. One of these thresholds is a permanent injury. But what counts as a permanent injury, and how can it affect your car accident claim

Legal Definition of Permanent Injury in New Jersey

You can find the legal definition of a permanent injury when concerning auto insurance in New Jersey in N.J. Stat. § 39:6A-8. This law states that an injury is permanent when a body part or organ has not healed to normal functioning and will not function normally with further medical treatment.

How Does a Permanent Injury Affect Personal Injury Claims?

The majority of New Jersey motorists have Limited Right to Sue insurance. When one of these motorists is injured in a collision caused by another driver, they must turn to their own personal injury protection (PIP) insurance for coverage. 

PIP provides money for all necessary medical treatment and to offset certain other costs, such as lost wages and in-home care. However, drivers with this policy cannot seek money for pain and suffering unless their injuries meet the standards found in the Verbal Threshold.

What Is a Verbal Threshold in an NJ Personal Injury Claim?

If you select the Limited Right to Sue option, you can still seek money for your pain and suffering in certain situations. That’s where the Verbal Threshold comes into play.

The Verbal Threshold is the section of New Jersey’s auto insurance law that establishes what injuries entitle a motorist with a Limited Right to Sue policy to seek money for their pain and suffering. Those injuries are:

  • The loss of a body part
  • Significant disfigurement or scarring
  • A displaced fracture
  • The loss of a fetus
  • Permanent injury (cannot heal to function normally)
  • Death

A New Jersey motorist who has suffered a permanent injury can seek additional money for noneconomic losses, such as:

  • Physical pain
  • Emotional distress
  • Lower quality of life
  • Anxiety and depression

Depending on the nature of your injuries, proving they are permanent can be difficult without the help of an experienced personal injury attorney

Seeking a Qualified NJ Injury Lawyer? You’ve Come to the Right Place

At Davis, Saperstein & Salomon, P.C., we have been fighting for the rights of injured New Jersey motorists for more than 40 years. Our track record of success speaks for itself.  We have recovered more than $1 billion in verdicts and settlements for our clients. We are proud to have helped more than 35,000 people and families, including many who suffered permanent injuries.

We know how to prove that your injuries are permanent and that you deserve to be compensated for your pain and suffering. If you sustained a serious injury in a car accident, contact us today for a free consultation. We can determine whether it meets the definition of a permanent injury and then pursue every cent you’re entitled to. 

The consultation is free, and you don’t owe us anything out of pocket. We only get paid if we recover money for you. Contact us today to schedule your consultation. We can meet with you in person at one of our offices or virtually via FaceTime, Skype, or Zoom. We have Spanish speakers on-site and offer translation services for many languages, including Russian, Polish, Portuguese, and more.

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Igloo Cooler Recall

Most people don’t expect a cooler to be dangerous; Normally it’s just a vacation tool that keeps drinks cold. However, for some, their Igloo cooler has turned into a hazard causing injuries, emergency room visits, and even amputated fingertips. 

Igloo has now recalled more than a million of its 90-quart Flip & Tow rolling coolers because of a defect in the handle design. When users pull the handle to tow the cooler, their fingers can get crushed against the body of the cooler, causing severe injuries. At least a dozen people have already reported serious harm, and because these coolers are so popular and widely sold, these numbers could rise.

Was My Igloo Cooler Recalled?

The recalled coolers were sold at major retailers like Costco, Target, and Dick’s Sporting Goods, as well as on Amazon and Igloo’s website. They were sold between January 2019 and January 2025, so many consumers may not even realize they own a defective product. 

To see if your cooler was recalled, check the date stamp on the bottom. If they were manufactured before January 2024, they are part of the recall. Igloo recommends that customers stop using these coolers immediately. They are also offering free replacement handles to fix the issue, which can be requested by contacting customer service or visiting their recall page. The injury is not worth the risk, even if it hasn’t caused any problems, so stay safe and check your cooler.

What Can I Do if I Was Injured by an Igloo Cooler?

For some customers, this recall comes too late. A defective product like this is a clear example of product liability. This means that the company has a legal duty to design and manufacture safe products, and if they fail, they can be held accountable. Losing a fingertip or dealing with a crushed hand is a big deal and can mean surgery, physical therapy, and a very long-term recovery. 

The damages these injuries cause aren’t always physical, but they also take a huge emotional and financial toll. Those injured can contact a personal injury lawyer to see if they’re entitled to compensation for medical bills, lost wages, and pain and suffering caused by the product.

Contact Our Defective Product Attorneys to Learn More

Product defects can turn a common, harmless product into a serious danger. If you or someone you know has been injured by an Igloo cooler, seeking legal advice from a personal injury lawyer could be the next step. Whether you have been injured in a car accident, slip and fall, for product recall, or require representation for a claim, the personal injury attorneys at Davis, Saperstein & Salomon, P.C. offer compassionate, skilled legal representation to ensure you receive the proper compensation. 

Clients seeking personal injury lawyers who are experienced in handling product liability cases in the State of New Jersey should contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000, contact online, or via email at info@dsslaw.com. The firm offers free consultations, and second opinions, and has offices throughout New Jersey and New York City. Sometimes, a simple call can make a big difference in how you recover and move forward. 

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Changing Personal Injury Lawyers

According to the Supreme Court of New Jersey, the selection of an attorney is an important decision and should not be taken lightly. However, sometimes after hiring an attorney, people realize the lawyer they hired is not quite right for them or for their particular case. The good news is that you can fire an injury lawyer, but make sure you are changing for the right reasons.

The law firm of Davis, Saperstein & Salomon, PC has often helped clients change their attorneys for the right reasons. If you are looking to change attorneys, we urge you to read and study the content below before you book a confidential free consultation with a partner at Davis, Saperstein & Salomon, PC who will give you an honest assessment of your case.

However, if you have any problems or issues with any current lawyers, you should talk it out with your lawyer or their managing partner.  They may have a good explanation or fair solution to your particular problem.

Will I Have To Pay The Lawyer To Transfer My File?

You probably hired your injury lawyer by signing a contract called a Contingency Fee Retainer Agreement, meaning that the lawyer and law firm only get paid if they are successful and receive a settlement at which time you will pay the law firm a percentage of the settlement. That percentage usually amounts to one-third of the settlement. In New Jersey, Contingency Fees are regulated by the Supreme Court of New Jersey pursuant to New Jersey Court Rule 1:21-7. By law, 1/3 is the most you are paying and if you change lawyers, it is up to the lawyers to figure out how to split the 1/3 amongst themselves. When hiring a new lawyer, they will reimburse the fired lawyer for any money they spent on out-of-pocket disbursements.

At What Stage In A Case Can I Fire My Lawyer?

You can change lawyers at any time, however, if it is too close to the trial, the court may not allow you to change counsel if it serves only to delay the trial. It is never a good idea to fire a lawyer in the middle of a trial.

Can my Lawyer Fire me as a Client?

A lawyer can certainly withdraw from a case for several reasons. Generally, if they drop you as a client they may forfeit their right to a legal fee. However, if they tell you to seek other counsel for second opinions, they will likely still have a financial interest in the contingent legal fee. Again, that legal fee will be shared and paid by the lawyer who assumed your representation. The reasons why a lawyer can end a relationship can be because you may not have a legal claim under the law, you may have unrealistic expectations, you may be requesting that he or she commit an unethical act, or your expectations may be too high because you may not understand how lawyers communicate and operate their offices.

Most people are generally satisfied with the lawyers or the law firm they hired. Even if you are recommended to a particular lawyer, it is best to do your research about the lawyers and the firm before you change. Before you make that decision, it is often best to discuss with your lawyer the reasons why you are dissatisfied. Often there is a reasonable explanation, or your perceived reasons are outside of your attorney’s control. For example, the setting of a trial date is usually within the exclusive control of the courts, and trial dates are usually adjourned, put off, or rescheduled many times, due to other court cases clogging the docket, expert witness unavailability, and conflicting lawyer schedules.

Can I Change Lawyers After I Have a Settlement Offer?

The answer is yes, but it is a bit tricky because the lawyer who received the offer may be entitled to the contingency fee on the offered amount, especially if the suit was filed and the lawyer did substantial work on your matter. The settlement amount may be lower than expected due to insufficient insurance coverage, which limits the compensation available for a newly hired attorney. In such cases, finding a lawyer to take on the case may be challenging, because the potential recovery may not meet your expectations nor justify the legal effort required.

Will It Get Back To My Lawyer That I Am Consulting With Other Lawyers?

The content of a consultation between a client and a lawyer for a second opinion is subject to attorney-client privilege. You should feel free to disclose the name of your current lawyer and discuss your reasons for dissatisfaction with your current lawyer. An honest lawyer will often tell you to stay with your current lawyer or explain the lawyer’s reasoning for the decisions made. A wise client will usually consider giving permission to the consulted attorney to call your current lawyer to discuss your issues so that your current lawyer will give you more attention or better results.

Before discussing reasons to change it is best to review how to hire the right personal injury lawyer for your case so that you do not make a second mistake.

How To Hire The Right Injury Lawyer For Your Case

In Chapter Eighteen of their book, The Consumer’s Guide to New Jersey Personal Injury Claims, (2025) attorneys Garry R. Salomon and Jeffrey E. Salomon discuss how to go about hiring the right personal injury lawyer for your case, and some of the questions that should be considered:

  1. What percentage of your practice involves representing injured people?
  2. Are you or any members of your firm certified as a Civil Trial Attorney by the Supreme Court of New Jersey?
  3. Tell me about some of the latest cases you or members of your firm have tried.
  4. Have you ever handled a case like mine?
  5. Who, aside from you, will be working on my file?
  6. Does your lawyer participate in continuing legal education offered by the New Jersey Association for Justice?
  7. Does your firm have the financial resources to advance all costs in my case, and what will those costs be?
  8. Will you accept my case on a contingency basis?
  9. What is your experience with the defendant’s insurance company?
  10. Have you been selected or honored for your accomplishments as an attorney?

What Motivates People To Make Lawyer Referrals?

It is often best to hire a lawyer based on a former client’s recommendation. Satisfied clients often share their positive experiences and satisfaction with the lawyer and their case managers. The person sharing with you their positive experience is motivated by acting in your best interests. However, often there are other reasons for referrals depending upon the legal and illegal financial interests of the person or company making the referral.

At one time it was unethical for attorneys to advertise for new clients, but that changed in 1977 when the US Supreme Court permitted attorney advertising in Bates vs Arizona. Nowadays, you can’t watch television, listen to radio commercials, or drive down a highway without seeing dozens of attorney billboards.

Some law firms spend as much as 25% of their budget on advertising for new clients. However, it’s important to research individual attorneys, as some featured on billboards may have limited or no trial experience. Be sure to verify their credentials and ensure that reviews are genuine. Be cautious of out-of-state firms practicing law in New Jersey. It’s always best to hire a lawyer whose law firm is primarily located in the state for better familiarity with the courts, state laws, and deadlines.

You should be skeptical of law firms that mail you police reports or fancy advertising packages with slogans like, “as seen on TV.” Never hire a random lawyer who contacts you directly, whether in person, by phone, or through intermediaries who are paid cash to sign up cases. This is an illegal practice in New Jersey. These non-lawyers showing up at your door are known as “runners.” If they show up, run for the hills. It’s a red flag, steer clear and seek legal representation from a reputable source.

Also, never hire a lawyer that reduces his or her contingency percentage from the percentage allowed by the Supreme Court of New Jersey because if the lawyer does not believe he or she is entitled to their full fee, or advertises a lower percentage, they or will likely not be able to stand up against the defendant’s powerful insurance companies to get you the full amount of money that you deserve.

Reasons To Change Lawyers:

  1. You feel that you made a mistake in the first place
  2. Your law firm is inexperienced and lacks a track record
  3. Conflict of interests with other plaintiffs or parties to the case
  4. Misrepresentation about their ability to handle your case
  5. Too busy with other non-personal injury cases
  6. Arrogance and poor attitude
  7. Lack of empathy
  8. Lack of availability
  9. You are being treated like just a number or a mere file
  10. Inexperienced case managers
  11. You hired an out-of-state law firm that picked a NJ lawyer for you
  12. You were referred by a for-profit referral service
  13. Habitually does not return phone calls
  14. Wants you to pay upfront money for case costs
  15. Forcing you to settle on the cheap without a good reason
  16. Wants money to proceed to trial
  17. Changes their attitude towards you or the case
  18. Refers your case out to another law firm for trial
  19. Has not filed suit or is waiting too long to file suit
  20. Weakness by begging an insurance company to settle
  21. Your case is too big for the lawyer you hired
  22. Concealed legal malpractice
  23. Death of a lawyer or dissolution of the law firm
  24. Disbarment due to unethical conduct
  25. Lacks the financial resources or time to take your case to trial

Remember to heed the advice of the New Jersey Supreme Court and use your experience as a client to select the right lawyer for a second opinion or to take over your case. Make sure the firm has the knowledge, wisdom, experience, track record, staff, associate lawyers, and financial resources to give you the results you deserve.

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New Milford Officer Injured

On Thursday, January 30th, 2025 in the early morning hours, two New Milford officers were responding to an emergency when one police vehicle was hit by a car driving on Madison Avenue. The collision caused both vehicles to crash into a third car already stopped on Madison Ave. One of the officers involved in the crash was taken to Holy Name Hospital by ambulance with injuries.

Every day in New Jersey and across the country, first responders like police officers, firefighters, and EMTs start their shifts with the mission to protect and serve. They rush into burning buildings, confront dangerous and life-threatening situations, and provide critical care, often placing themselves directly in harm’s way. They’re the ones we call on the worst days of our lives, but who do they call when they are injured protecting us?

Unfortunately, a first responder must encounter risks and danger daily. According to the U.S. Bureau of Labor Statistics, in 2022, there were 116 fatal work injuries reported in New Jersey, which was an increase from previous years. This number includes all professions, but first responders represented the largest part because of their job’s risks. Some of their most common injuries are from motor vehicle crashes, physical altercations or fights with suspects, smoke inhalation from fires, and falling from high heights; all of these can result in long-lasting injuries.

In our society it’s expected that when emergency services show up, things get better. However, this is not always the case and unexpected accidents do happen. On average, 29 fatal ambulance accidents result in about 33 fatalities every year. Emergency Medical Services (EMS) personnel have a high crash risk because of the speeds they must drive to emergencies. So, it’s not only the crime-fighting police officers that get injured, but all first responders put themselves at risk to help others.

There are not only physical dangers with these jobs, but they also take a psychological toll as well. Reports published by the Kaiser Family Foundation show that 85% of first responders have symptoms related to mental health conditions. Even more alarming is the evidence that firefighters and police officers are more likely to die by suicide than in the line of duty.

New Jersey has recognized these dangers and has taken steps to support our first responders. Recently there have been laws passed that expanded workers’ compensation coverage, making sure both volunteer and professional public safety personnel are eligible for benefits. This includes coverage for any immediate medical emergency like a cardiac incident or stroke, especially if it happens within 24 hours of an emergency call or is otherwise considered work-related.

To file a workers’ compensation case, it’s important to hire an experienced workers’ compensation lawyer to help you through the process. Workers’ compensation benefits can cover medical expenses, lost wages, and rehabilitation costs, ensuring that injured workers—especially first responders—aren’t left struggling after putting themselves in harm’s way to protect others. An experienced workers’ compensation lawyer will gather medical records, obtain witness statements, and negotiate to protect your rights and to receive proper justice.

At Davis, Saperstein & Salomon, P.C., we understand the sacrifices our first responders make. If you or a loved one has been injured in the line of duty, it’s crucial to know that you’re not alone. Our dedicated team is here to help you navigate the complexities of workers’ compensation claims, ensuring you receive the support and benefits you deserve.
Our first responders dedicate their lives to safeguarding our communities. The lawyers at Davis, Saperstein & Salomon, PC, as officers of the Court and ourselves public servants, are honored and privileged provide legal help to our esteemed public servants at a time when needed most.

Davis, Saperstein & Salomon

Whether you have been injured at work, in a car accident, slip and fall, a fire, or require representation for a claim, the personal injury attorneys at Davis, Saperstein & Salomon, P.C. offer compassionate, skilled legal representation to ensure you receive the compensation you deserve. Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email info@dsslaw.com. The firm offers free consultations, and second opinions, and has offices throughout New Jersey and New York City.

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