Tag: Saperstein & Salomon

Most motorcycle riders ride their bikes safely and prudently. We often do so for pleasure to enjoy the outdoors, especially during a beautiful day. Unfortunately for many experienced riders, the day is cut short when an inattentive car or truck cuts us off causing us to drop our bikes. If lucky, we do not break any bones and experience what’s called road rash. But for any motorcyclists who have experienced road rash, it is anything but a “rash.”

Road rash is one of the most common injuries motorcyclists suffer in accidents in New Jersey. Riders with their skin exposed who fall off their bikes in traffic accidents can suffer severe road rash injuries. Depending on the circumstances of a crash, road rash injuries can have permanent consequences and require significant medical treatment – not to mention extensive pain and suffering.

If you’ve suffered a road rash injury in a New Jersey motorcycle accident that was someone else’s fault, you deserve to seek compensation for the harm and losses you incurred from your injury. The experienced road rash injury attorneys at Davis, Saperstein & Salomon, P.C., stand ready to fight for the maximum compensation you deserve from all at-fault parties.

Many of our personal injury lawyers are licensed motorcycle enthusiasts. Our personal biking experience makes us effective advocates for the rights of motorcycle riders, especially ones who have suffered injuries like road rash in crashes that weren’t their fault.

Don’t let the big insurance companies get away with blaming you for a crash that caused your road rash injuries. Contact Davis, Saperstein & Salomon, P.C., for a free consultation and find out how our attorneys can aggressively demand the money you deserve.

What Are Road Rash Injuries?

If you’ve never heard the term, you may ask yourself, “What is road rash?” Road rash is a friction burn that occurs when a person hits or slides across the pavement, such as in a motorcycle accident. Motorcyclists or bicyclists who fall off their bikes during accidents can suffer road rash injuries. However, vehicle occupants who get ejected from their vehicles in traffic accidents can also suffer road rash injuries if they come into contact with the pavement.

Similar to burns, the severity of road rash is graded by degrees, with the severity of the injury increasing with each degree. The degrees of road rash injuries are as follows:

• First-degree road rash – First-degree road rash injuries usually involve superficial scraping of the first layer of the skin (epidermis). The injury may cause bruising, tenderness, or minor bleeding. First-degree road rash injuries usually heal on their own, although injury victims should wash the wound with soap and water to prevent infections.
• Second-degree road rash – Second-degree road rash injuries cause damage to the second layer of skin (dermis). These injuries can cause bleeding and swelling and may require medical attention. A second-degree road rash injury can leave permanent scarring once healed.
• Third-degree road rash – The most severe road rash injury, third-degree injuries destroy the skin, exposing fat tissues, ligaments, tendons, muscles, or bone. These injuries will cause significant bleeding and swelling, with the wound area taking on a milky-colored appearance.

How to Treat Road Rash

Treatment for road rash injuries will depend on the severity of the injury. For first-degree and some second-degree road rash injuries, accident victims can treat the injury with basic first aid, including:

• Washing the wound area with soap and warm water to prevent infection and cleaning out any foreign material or dirt stuck in the wound
• Bandaging the wound to protect the skin as it heals
• Using antibiotic ointments with moisturizing ingredients to prevent infection and avoid causing the skin to dry out
• Frequently changing bandaging for sterile bandages or gauze, preferably at least once a day
• Monitoring the wound for signs of infection, such as worsening pain or swelling, redness or discoloration, or discharges of pus or other fluids besides blood
• Taking over-the-counter pain medication if needed to relieve pain caused by the injury

More severe road rash injuries may require treatment from healthcare providers. Treatment options for severe injuries include:

• Water-based treatments, like ultrasound mist therapy, that clean debris out of the wound and stimulate healing
• Hyperbaric oxygen therapy for road rash wounds that have trouble healing
• Debridement procedures that remove dead tissue from a wound site to allow the remaining tissues to heal
• Surgeries to remove foreign debris from a wound, close open wounds, or perform procedures such as skin grafts

Depending on the location of the injury, road rash victims may also receive physical therapy to help maintain flexibility over joints if a wound leaves scar tissue or undergo plastic surgery to improve the appearance and flexibility of scars.

Can I Seek Compensation for Road Rash?

The answer is YES if you can prove that the other driver was negligent causing you to drop your bike to avoid a collision, or if you were struck by another car, truck or bus. Often the police report places fault upon the biker, when in fact he or she did nothing wrong. A good lawyer can help prove otherwise.

Severe road rash injuries can require extensive medical treatment. You may have the right to seek compensation for road rash injuries that cause you to incur medical bills, prevent you from working, and cause you significant pain, emotional distress, and reduced quality of life. Our lawyers are ready to review your situation, identify all potentially liable parties, and pursue the maximum compensation you deserve for your losses.

How Much Time Do I Have to Seek Compensation for Road Rash?

If you’ve suffered a road rash injury in a motorcycle crash in New Jersey, you have limited time to file a lawsuit. New Jersey’s statute of limitations for personal injury claims gives you only two years after an accident to file a claim seeking compensation for your injuries. If you file a lawsuit after the statutory deadline, the court will most likely dismiss your case as untimely, regardless of the merits. If so, you will lose your right to pursue compensation in civil court.

Speaking with our motorcycle accident attorneys as soon as possible is crucial to pursuing the financial relief and justice you deserve.

Compensation Available for Road Rash Injuries

If you’ve sustained road rash injuries in a motorcycle accident that wasn’t your fault, you may have the right to seek compensation for the losses you incur due to your injuries. Depending on the severity of your injuries, you might be compensated for the following:

• Medical treatment and rehabilitation expenses
• Lost income if you need to take time off work while recovering
• Lost earning capacity if you suffer permanent disabilities or impairments that prevent you from working
• Physical pain and emotional distress
• Loss of quality of life resulting from your injuries, visible scarring, and disfigurement that leaves you feeling humiliated or embarrassed

Talk to an Experienced Motorcycle Crash Attorney in New Jersey Today

If you suffered a road rash injury in a motorcycle accident in New Jersey due to someone else’s carelessness, you deserve to seek full compensation for your financial and personal losses. Contact Davis, Saperstein & Salomon, P.C., today for a free no-obligation consultation with our experienced motorcycle crash attorneys in New Jersey. We have secured more than $800 million in verdicts and settlements for clients throughout New Jersey and New York. We are ready to work tirelessly to pursue the financial relief you deserve.

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The personal injury law firm of Davis, Saperstein & Salomon, P.C. is honored to announce its founding partner, Samuel L. Davis, has been recognized by the New Jersey Law Journal as achieving the largest reported New Jersey Personal Injury Settlement during the Court’s 2022-2023 term.

On August 7, 2023, The New Jersey Law Journal, a publication serving the members of New Jersey’s Judiciary and Bar since 1878, released its annual survey of the Top 20 New Jersey Personal Injury Awards between July 29, 2022, and July 1, 2023.  The largest and top New Jersey personal injury case reported as a settlement was $28 million which was achieved by Samuel L. Davis, founding partner of New Jersey’s personal injury boutique firm Davis, Saperstein & Salomon, P.C. on behalf of an injured worker.

The New Jersey Law Journal reported that the case involved a man who suffered burn injuries covering over 60% of his body that were caused by an electric panel explosion while the man was working on the electrical system within the Newark, NJ office building.

The facts of the case as disclosed in a February 24, 2023, court opinion by the Essex County Assignment Judge, the Honorable Sheila Venable disclosed that the 2019 explosion caused the worker to burst into flames from his knees to head leaving him severely injured and disfigured.  Normally, injured workers are barred from suing their employers and are left solely with a workers’ compensation claim, but Davis successfully proved that the injured worker, a non-electrician was improperly directed to remove a protective shroud covering multiple energized high-voltage electrical components.  This action by his employer amounted to sufficient gross negligence entitling the injured worker to bring a separate claim for damages in the Superior Court of New Jersey.

The explosion occurred while the injured worker was standing on a 6-foot ladder within a closet housing an electrical panel.  The electrical explosion was so violent that it threw him off his ladder and caused him to catch on fire.  He ran 60 feet to an office seeking assistance, but finding no help, he used a fire extinguisher to extinguish the flames.  With his skin melted and still smoking and in unimaginable pain, he took the stairs down two floors seeking help only to collapse and fall unconscious on a restroom floor.

The injured worker was placed in an induced coma for six weeks and underwent, in great pain, 166 surgical procedures.  He may still face 20 more surgeries and a lifetime of care.  The $28 million award represents payment for his pain, suffering, and financial losses.  The settlement also included damages for his disfiguring scars and emotional harm and losses including post-traumatic stress disorder.  A portion of the $28 million was allocated to his wife for her losses, including the extra physical, emotional, and financial burden the electrical accident caused her.

Davis obtained the man’s burned and partially melted cellphone, which had fragments of the worker’s skin and clothing melted into it.  The preservation of the device allowed Davis to prove past communications between the injured worker and his supervisors about the nature and scope of the injured worker’s work at the building, and enabled Davis to refute the defense’s claim that their employee was defying his supervisor’s orders when he entered the electrical closet.

Davis and his partners are no strangers to The New Jersey Law Journal’s Top 20 Injury Awards, the firm has made the Top 20 several times over the years.  In 2017, the Law Journal also recognized Davis for having the number one spot for the highest reported verdict and settlement in New Jersey.  In August of 2016, Davis received a $9.5 million jury verdict for two sisters who suffered serious orthopedic and brain injuries from a boating accident.

Recently, Davis and his partners made national news when, due to several personal injury claims brought against Madison Square Garden and its affiliated venues, Davis and all the attorneys in his firm, as well as other lawyers suing Madison Square Garden were barred from entering MSG’s venues such as Radio City Music Hall and the Beacon Theater.  This caused one of Davis’s partners to be singled out by facial recognition and ejected in front of her 9-year-old daughter from entering Radio City to enjoy the Christmas show.  Despite that, in July of 2023, Davis settled a claim against its LAVO restaurant for $5.3 million for a woman who slipped on grease and suffered neck and back injuries that required several surgeries.  In 2022, Davis also landed an out-of-court settlement of a drowning case on behalf of the family of a minor.

The names of the parties to this litigation are withheld to protect their privacy.  Further information is available by contacting susan.rovetto@dsslaw.com  or calling 201-907-5000.

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Tragically, a mother and her two young daughters (aged 9 and 11) recently lost their lives in an apartment fire in Brooklyn. The fire swept through their third-floor apartment early in the morning. A neighbor on the same floor barely escaped with her life. New York City Fire Department (FDNY) officials later determined that the blaze started in the kitchen, which lacked a working smoke alarm.

Unfortunately, stories like this are all too common. New York leads the nation when it comes to deaths caused by residential fires. In 2022, 144 people lost their lives to residential fires throughout the state. According to one local news source, there have already been 45 such deaths in the first three months of 2023 alone.

How Do You Prove Liability After an Apartment Fire?

Many of these deaths and injuries could have been avoided had the landlord followed building and fire codes. Establishing liability after an apartment fire in New York requires a thorough investigation of the scene to gather evidence substantiating your legal claim. However, structural fires can be extremely destructive, which sometimes means they leave very little evidence behind. This usually requires the services of a fire cause and origin expert. Even so, specialized fire investigators typically can determine the underlying cause of most residential and commercial fires.

Property owners and other responsible parties will likely push back hard against your claim seeking compensation. That is why you need a resourceful and knowledgeable attorney fighting in your corner. The skilled legal team at Davis, Saperstein & Salomon, P.C. can help by connecting with fire investigation experts, evaluating all available evidence, and building a strong claim on your behalf. Our legal team is ready to help you pursue monetary damages for your harm and losses, including financial loss, pain, suffering, disfigurement, and future medical or cosmetic expenses.

Can I Sue for Wrongful Death After a Residential Fire in New York?

Yes. A wrongful death includes any fatality caused by another’s wrongful act, neglect, or default. In New York, the personal representative of a deceased person’s estate can file a wrongful death lawsuit seeking compensation from the at-fault party. Their personal representative may be appointed in a will or, in the absence of a will, by a court. The proceeds from wrongful death lawsuits are distributed to the deceased person’s dependents and heirs.

Is There a Deadline for Filing My Case?

Although the standard deadline for filing a personal injury lawsuit in New York is three years after the date of injury, there is a shorter, two-year deadline for wrongful death lawsuits. No matter which deadline governs your case, it will be strictly enforced. Failure to file on time nearly always results in your case being dismissed in court, thereby destroying your right to sue for money as compensation for your economic losses, medical bills, pain, suffering, and disfigurement through a civil lawsuit.

Avoid this result by consulting with an attorney as soon as possible after your accident. This will give your attorney plenty of time to investigate your case and build a strong legal claim on your behalf.

Why You Should Hire an Experienced Burn Injury Lawyer Sooner

An experienced burn injury lawyer will immediately take care of the following:

• Send letters of representation to all defendants and insurance companies
• Demand that valuable evidence be photographed and preserved
• Secure the premises for a cause and origin investigation
• Review and supplement, if necessary, official investigation reports
• Conduct an on-site inspection
• Interview critical witnesses and take their statements
• Determine if a defective product or smoke alarm caused the fire or failed to alert you to it
• Determine if there were building code violations
• Assist with arranging for medical care with expert physicians
• Assist with scar revision
• File suit and question defendants while under oath
• Determine the cost of future medical care and scar revision
• Negotiate a settlement or prepare to go forward to trial

Contact an Experienced New York Attorney for Help

If you are the victim of a residential fire caused by little to no fault of your own, you should consult with an experienced attorney as soon as possible. This is the best way to get started on a strong footing down the road toward accountability and compensation. At Davis, Saperstein & Salomon, P.C. our compassionate attorneys are dedicated to helping people like you recover fair compensation for their losses. Call us at (833) 862-3205 or visit our website to schedule your free, no-obligation consultation today.

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When we enter a grocery store, clothing outlet, or some other retailer, we do so trusting that the area is secure and free of hazards. In fact, store owners have a legal duty to keep their premises safe for their customers. Unfortunately, they often fail to uphold this duty. When this leads to accidents, they may be on the hook for compensating injured victims.

If you were injured at a retail location, the best thing to do after seeking medical attention is to have your case evaluated by an experienced premises liability attorney. The legal team at Davis, Saperstein & Salomon, P.C., is standing by to ensure you receive the full and fair compensation you deserve. Contact us today to schedule your free, no-obligation consultation. 

Common Causes of Personal Injuries in Stores 

All sorts of factors can come together to give rise to accidents at retail locations. However, recurring patterns do emerge. Some of the most common causes of accidents at stores include: 

• Slips, trips, and falls – Slippery floors due to water, excessive waxing, or highly-polished marble tiles, loose carpets, scattered debris, and uneven surfaces can lead to trips, slips, and falls. According to the Centers for Disease Control and Prevention (CDC), falls are a leading cause of injury nationwide. 
• Falling objects – Poorly shelved merchandise can slip out of place and fall on unsuspecting customers, leading to serious injuries. 
• Poorly maintained equipment – Shopping carts, escalators, elevators, and other equipment commonly found in retail locations can turn into hazards when poorly maintained. 
• Parking lot accidents – Many accidents at stores happen in their parking lots and garages. These areas often have potholes and broken pavement. They may be cluttered with stray shopping carts and moving vehicles, making them dangerous for unsuspecting pedestrians. 
• Negligent security – Poor security measures can result in assaults, robberies, mall shootings, and other violent crimes that can lead to injuries.

Can a Store Be Held Liable for Injuries Sustained by Its Customers? 

Absolutely. Storekeepers and mall operators are not automatically responsible for all customer injuries at their retail locations. However, in New Jersey, store owners and managers are responsible for keeping their premises reasonably safe for customers.

In particular, retailers must keep customers safe by regularly inspecting their properties for potential hazards, repairing or removing hazards as necessary, and warning customers about hazards they are likely to overlook. Failure to do so can lead to premises liability in the event of an accident. 

What Compensation Can I Sue for After Being Injured While Shopping? 

If you were hurt while visiting a store, you could receive significant money for the economic and non-economic impact your injuries have on your life. The skilled legal team at Davis, Saperstein & Salomon, P.C., can help you pursue compensation for things like:

• Medical expenses – This may include past and future hospital bills, doctor visits, prescription medication, physical therapy, and other expenses related to treating your injuries.
• Lost wages – If your injuries caused you to miss work or resulted in a permanent disability, you could receive compensation for your lost wages and lowered future earning capacity.
• Pain and suffering – Compensation may be available for physical pain and suffering caused by your injuries. Unlike many states, New Jersey places no limit on the amount of money a jury can award for pain and suffering, so this form of damages should not be underestimated.
• Property damage – If your personal property was damaged in the incident (e.g., your car in a parking lot accident), you may be entitled to compensation for the cost of repairing or replacing it.

An experienced personal injury attorney can evaluate the facts of your case and make sure you don’t miss out on any compensation you may be entitled to. Davis, Saperstein & Salomon, P.C., is a phone call away. We will make sure no stone is left unturned.

What is the Deadline for Filing a Premises Liability Claim in New Jersey? 

New Jersey’s statute of limitations governing premises liability claims gives you two years from the date of an accident to sue the at-fault party. Minors have until their 20th birthday to sue for any injuries that happened up to their 18th birthday. This deadline is strictly enforced, and failure to file your claim before it passes will most likely result in your case being dismissed in court. 

Remember also that having your case reviewed by an attorney sooner than later will give them more time to build a solid claim on your behalf. It will also ensure that crucial evidence does not deteriorate or disappear as time goes by. Do not wait. There is no cost to have your case reviewed by one of our attorneys. 

What To Do After Being Injured in a Store

Protect your interests and call a lawyer immediately, not just any lawyer, but one experienced in representing plaintiffs in personal injury cases like yours. But until then, there are many proactive steps you can take early on to protect yourself and your right to compensation.

• Seek medical attention – Of course, your health and safety are the top priority. If you were seriously injured, you may need immediate medical attention. However, even if you don’t think your injuries are serious, you should still see a doctor as soon as possible. Even minor injuries are compensable and should be thoroughly documented by a medical professional.
• Report the incident – You should notify the store’s management about your injury as soon as possible. Provide them with details about what happened and how you were injured. Ask for a copy of their report. 
• Document the incident – It is important to document the scene of the accident and your injuries. Take photos/videos of the scene (including nearby surveillance equipment), gather contact information from witnesses, and keep track of any other evidence that may shed light on how the accident occurred. 
• Keep track of your expenses – Keep copies of all medical bills, receipts, and any other expenses related to your injury. 
• Consult with an attorney – Do not hesitate to have your case reviewed by an experienced attorney. This is the best way to ensure that you know your full legal rights and options.

Injured in a New Jersey Store? Consult With an Experienced Attorney Today. 

If you were injured at a store, you could be entitled to significant compensation for your medical bills, pain, suffering, and more. Davis, Saperstein & Salomon, P.C., is here to help you down the road toward compensation. Since we opened our doors in 1981, we have secured over $800 million in settlements and verdicts on behalf of our clients and their families. Let us fight for you. Contact us today to schedule a free, no-obligation consultation with a skilled New Jersey personal injury lawyer. You pay nothing unless we win your case. 

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With the first day of summer right around the corner, many families are looking forward to summer vacation, and along with it, day trips to the zoo, museums, and amusement parks. While amusement parks promise their patrons a day of unbridled fun and contagious laughter, accidents, especially involving children, are not uncommon. Read on for our amusement park safety tips and statistics.

Last year, on March 24, 2022, 14-year-old Tyre Sampson tragically lost his life after falling from the Orlando FreeFall drop tower in ICON Park. The Florida Department of Agriculture and Consumer Services, which regulates amusement parks in the state, found that a ride operator had loosened Tyre Sampson’s seat restraint to accommodate his size. The ride did not post height or weight limits for riders. Loosening the restraint created a greater gap than normal between Sampson’s seat and his harness, which caused the boy to slip from his seat as the roller coaster began its 400-foot plunge.

His parents, Nekia Dodd, and Yarnell Sampson, filed suit against the park, ICON Park; ride owner, Orlando Eagle Drop Slingshot; and ride manufacturer, FunTime. Their suit against the park and ride owner was resolved in March of 2023 for an undisclosed amount. Dodd said she hopes to keep her “son’s legacy alive”, by using the settlement amount to support community sports and schools. Tyre Sampson had been on a trip with his school football team at the time of the accident.

United States and New Jersey Amusement Park Accident Statistics

According to online articles, there are an average of over 4,000 amusement park injuries in the United States each year. In New Jersey, more injuries occur in water parks than in any other kind of amusement park. Data from 2009 through 2014 shows that overall, 40% of all accidents happened in some form of a water-related ride. Perhaps one of the most notorious and devastating waterpark accidents happened in 2016 when 10-year-old Caleb Schwab was killed on a waterslide at the Schlitterbahn waterpark in Kansas. The waterslide, named Verruckt, appeared in the Guinness Book of World Records for its height—168 feet, 7 inches. Preliminary investigations showed that Caleb died of a fatal neck wound after his raft went airborne and struck the netting system placed above the slide. Two women on the raft with Caleb suffered serious facial injuries. The tragedy spurred debate and investigations into often overly relaxed regulations at amusement parks throughout the country after it was revealed that the Kansas Department of Labor had not inspected the waterslide since its opening in 2014.

Examples of Amusement Park Accident Cases in the United States

On July 5, 2021, 11-year-old Michael Jaramillo lost his life on a water ride at Adventureland Park in Altoona, Iowa. He and five of his family members were on the Raging River ride when their raft overturned. Three of the six riders suffered critical injuries and were rushed to the hospital, while a fourth rider sustained minor injuries. Sadly, this was not the first fatality caused by the Raging River raft. In 2016, 68-year-old Adventureland park employee Steve Booher died while assisting riders out of their rafts. He fell on the conveyor belt at the end of the raft, suffering a fractured skull and major brain injury. Iowa’s Occupational Safety and Health Administration fined Adventureland Park $4,500, which was the maximum amount they could levy on the park.

In 2022, the Jaramillo family filed a wrongful death lawsuit in Iowa State Court, alleging that the park had failed for years to properly maintain and repair its rides. The suit also alleges that Adventureland continued to operate on the day of the accident, despite receiving numerous reports of serious problems in the park. The Jaramillo family seeks damages from the company that owned the park, Adventure Lands of America, its former CEO Michael Krantz, and three managers.

Filing a Claim Against Amusement Parks in New Jersey

According to Davis, Saperstein & Salomon P.C. Founding Partner Samuel L. Davis, cases against amusement parks require the filing of lawsuits where the park is alleged to be negligent in the way they maintained an attraction, harnessed a rider, spaced out riders, accelerated an attraction, or just plainly, maintained the rides. Often, the company that designed or manufactured the ride is targeted in a suit.

Settlements regarding lawsuits against amusement parks vary but have reached as high as the multi-millions. Less than a year after his untimely death, Caleb Schwab’s family received a record-breaking $19,732,125, paid by four parties:

• $14 million from SVV 1 and KC Water Park. These two companies are associated with Schlitterbahn, the waterpark in which Caleb died.
• $5 million from Henry & Sons Construction, the contractor of the water slide.
• $500,000 from Zebec of North America, the manufacturer of the raft that Caleb was riding on.
• $232,125 from National Aquatic Safety Co. and its founder, which consulted on the water slide.

Though New Jersey regulates consumer amusement park attractions, there is an important idiosyncrasy in the law. Normally, a person has two years to file a lawsuit. However, if someone is injured on an amusement park ride, they must make sure that the incident was reported at the time of the accident in the appropriate manner. Or, they can file a special Written Report of an Accident with the amusement park operator within 90 days of the accident. If they fail to file the Written Report of the Accident, they will not be able to pursue a claim against the amusement park.

New Jersey Statute of Limitations to File Personal Injury Claims

It is important to understand that each state has a different “Statute of Limitations” (time restraint to file your claim). In New Jersey, a person has 90 days to notify the amusement park operators of an intention to sue. In addition to that 90 day deadline, the person must file a lawsuit with the court within two years from the time of the incident. However, if you were injured by a state entity or municipality, such as a playground injury, a Tort Claims Notice must be filed within 90 days, with the town, city, and state all filed personally. If someone was injured in another state, the timelines may differ.

Contact the Amusement Park Accident Injury Lawyers at Davis, Saperstein & Salomon P.C. For Help

Those injured in amusement parks can call the personal injury lawyers at Davis, Saperstein & Salomon P.C. for a free telephone consultation. We offer free advice about how to preserve a person’s right to sue an amusement park by following the law and filing a Notice of Claim with the owner of the Amusement Park and the Operator of the Amusement Park attraction within 90 days from the date of injury. It is in the best interest of an amusement park accident victim to speak with one of Davis, Saperstein & Salomon’s lawyers, who are experienced in suing amusement park operators for causing harm to a park customer. With consultations offered for free, call us to discuss your situation to determine whether you are eligible for compensation.

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With the advancement of life vest technology, man-overboard alarms, and anti-collision radar, Personal Watercraft (PWC) safety has greatly improved over the past few decades, but PWC accidents are still prevalent in New Jersey and in the United States.

On May 27th, over Memorial Day Weekend, a passenger on a jet ski tragically lost his life after the watercraft crashed into another jet ski. The passenger, Charles Sanchez of Belleville, New Jersey, was seated behind David Torres on his 2017 Yamaha Jet Ski. The operator of the other jet ski, Jorge Arribasplata, also had a passenger. Both watercrafts were traveling north on the Hudson River in New York when they collided with each other and all four men were thrown into the River. Boaters at a local marina acted quickly and called for the City of Newburgh Police Department and Mobile Life EMS, who arrived at the scene. Sanchez and Torres were transported to Montefiore St. Luke’s Hospital, in the Bronx, New York, where Sanchez was pronounced dead and Torres was listed under critical condition.

New Jersey Boating Accident Statistics

In 2021, the United States Coast Guard reported 4,439 boating-related accidents, which caused 658 deaths, 2,641 injuries, and approximately $65.7 million in property damage. The fatality rate was 5.5 deaths per 100,000 registered recreational vessels, which is a decrease from the 2020 fatality rate of 6.5 deaths per 100,000 vessels. 100 of the boating accidents occurred in New Jersey, and 7 of them were fatal. One particularly devastating accident occurred when a pontoon boat crashed into a marker near the Route 37 bridge in Barnegat Bay in Toms River. An 18-year-old boy was killed, and two of the other five victims were thrown off board.

The Coast Guard found that the top five primary contributing factors in accidents were operator inattention, operator inexperience, improper lookout, machine failure, and excessive speed, while the leading contributing factor in fatal boating accidents was alcohol use.

The Coast Guard also reported that, when cause of death was known, 81% of fatal boating accident victims had drowned, and of those victims with reported life jacket usage, 83% were not wearing a life jacket. Federal law requires that every person aboard a vessel must have a U.S. Guard-approved, wearable life jacket, and each state may have additional wear requirements. Most states require children under 13-years-old to be wearing the jacket while aboard a vessel.

Boating Safety Tips for New Jersey Citizens

The BoatUS Foundation, an organization that aims to promote safe boating, states that life jackets are the most important piece of equipment on a boat. Life jackets are the first line of defense in promoting water safety because they place the wearer in a face-up position, keeping the wearer’s mouth and nostrils clear of water to prevent risk from drowning. The Foundation also highlights the importance of verifying that the life jacket is properly fitted to the individual.

The Coast Guard also found that, where the level of instruction was known, 75% of deaths occurred in boating accidents where the operator did not receive boating safety instruction. Only 16% of deaths occurred on vessels where the operator had received a nationally-approved boating certificate. On its website, the Coast Guard has compiled a list of safety courses available for all types of recreational boaters. Like life jackets, educational courses are another important aspect of boater safety.

For jet skis specifically, Davis, Saperstein & Salomon, P.C. encourages jet ski operators and passengers to:

1. Wear a life jacket and make sure that it fits properly and supports each passenger’s individual weights.
2. Never mix jet skiing and substances.
3. Always watch for bad weather conditions.
4. Take a safety instruction course, and encourage passengers to do so as well.
5. Before starting the jet ski, make sure your passenger is ready and is holding onto the operator tightly.

Contact the Boating Accident Injury Lawyers at Davis, Saperstein & Salomon, P.C. For Legal Help

If you are involved in a jet ski or boating accident, it may be because of negligence. Possible negligent parties include the operator of the boat, the operator of the colliding boat, and the boat manufacturer. You may be able to receive compensation for financial losses, medical expenses, and pain and suffering.

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If you’ve been injured in a car accident, NJ law gives you two years from the date of the accident to file a personal injury lawsuit. However, there are cases where this deadline may be shorter or longer. For example, you only have 90 days to file a Notice of Claim if a public entity – such as a city, county, state, police, fire department, sanitation board, or education worker – is at fault.

For the timeline to file an insurance claim, contact your insurance company as soon as possible. The rules of your specific policy will determine how fast you need to act.

How Long Does a Car Accident Settlement Take?

The timeline for every car accident case will differ depending on the specific circumstances. However, most personal injury claims in New Jersey can take anywhere from six months to two years to settle. Some cases may take more or less time based on factors such as:

• The severity of your injuries
• The number of at-fault parties
• Disagreement on the cause of the accident
• Whether your case goes to trial
• The insurance companies involved

An experienced car accident attorney can review your case and give you an idea of how long your claim may take to settle.

How To Get a Police Report for a Car Accident in New Jersey

You must file an accident report with the police within 10 days of an accident if it causes injury, death, or more than $500 in property damage. If you don’t file a police report in time, you can be fined up to $100. Your license may also be suspended or revoked.

After the police report has been completed and approved, you can request a copy in person, online, or by mail.

Can You File a Car Accident Claim Without a Police Report?

Some minor insurance claims may be filed without a police report. However, NJ law requires you to file an accident report with the police for all incidents with personal injury, death, or property damage over $500. Police reports can be crucial to defending your claim.

Should I Get an Attorney After a New Jersey Car Accident?

Contacting an attorney is the smart decision whenever you are involved in a car accident, whether the crash was a fender bender or resulted in significant injury. Insurance companies will scrutinize everything you say and do to find a reason to deny you coverage. Additionally, you may not realize the complete value of your claim. A skilled personal injury attorney has the experience to be sure all your losses are taken into account.

After an accident, your focus should be on healing from your injuries and getting back to your routine. Hiring the right attorney takes the weight off your shoulders. Your attorney can:

• Communicate with your insurance company, the other driver’s insurer, and anyone else requesting information about the claim
• Gather evidence and talk to witnesses
• Represent you in settlement negotiations
• Fight for maximum compensation in court

What Are New Jersey’s Auto Insurance Requirements?

All drivers must have proof of auto insurance to operate a vehicle. Your minimum coverage will depend on whether you have a Basic or Standard policy.

The minimum required insurance in New Jersey for a Standard policy includes:

• Liability insurance – This coverage pays for others’ damages if you are responsible for the accident. The minimum requirements for bodily injury coverage are $25,00 per person and $50,000 per accident. It also requires $25,000 in property damage coverage per accident.
• Personal injury protection – Personal injury protection (PIP) coverage pays medical expenses for you and others covered under your policy regardless of fault. You must have a minimum of $15,000 per person or accident.
• Uninsured/underinsured motorist coverage – If you are involved in an accident with an uninsured or underinsured motorist, this coverage will apply. Uninsured/underinsured motorist coverage is available up to the same amounts as liability coverage.

For a Basic policy in New Jersey, you must have a minimum of:

• Liability insurance – The minimum liability coverage on a Basic policy only pays for others’ property damages. This coverage is a minimum of $5,000 per person or accident.
• Personal injury protection – Basic policies also must have a minimum of $15,000 per person or accident in PIP coverage.

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The American Dream Mall, located in East Rutherford, New Jersey, occupies over 3 million square feet and contains over 450 stores, making it the second-largest mall in the United States. But American Dream isn’t just a shopping mall–half of its complex is devoted to entertainment, including an indoor amusement park, water park, ski and snowboard park, mini golf, and much more.

On February 19, 2023, at American Dream’s DreamWorks Water Park, a large decorative helicopter hanging from a ceiling fell into a pool and injured four people. All four victims suffered non-life-threatening injuries, and the park reopened six days later, on the 25th. State officials reported that the helicopter had fallen because the rope holding it up had been damaged. Lisa Ryan, a spokesperson for New Jersey’s Department of Community Affairs, stated that the helicopter had been “‘inspected during building construction’”, but not at any point after construction. Ryan said that “‘as per the Uniform Construction Code, there are no requirements for ongoing inspections of suspended themed features or other hanging objects once the building is complete and approved for occupancy.’” In other words, the helicopter didn’t have to be periodically inspected after the first, initial inspection.

The American Dream Mall And Its Tracked Record of Personal Injuries

Since its opening in October of 2019, American Dream has had a series of other incidents that have tarnished its reputation.

In February 2020, a woman suffered significant injuries while skiing at Big Snow, American Dream’s 16-story indoor ski and snowboard park. She felt uncomfortable going down either of Big Snow’s two main ski slopes but felt pressured to. While she was going down the intermediate-level slope, she fell several times and tore her right ACL. She required surgery and months of recovery and filed a lawsuit against the mall in New Jersey’s federal district court.

On September 25, 2021, Big Snow caught fire and suffered significant damage. It only reopened in May of 2022. Luckily, no one was injured because the fire began at night when no one was on the premises.

In April 2022, a man was shot on the mall’s second floor, during an attempted robbery. The mall went on lockdown and the victim was hospitalized at the Hackensack University Medical Center for serious injuries.

On December 8, 2022, 24-year-old Peter Matthew fell and lost his life while snowboarding down a hill in Big Snow. He was an Airman First Class in the Maryland Air National Guard.

Earlier in February, Sol-MM III LLC filed a lawsuit against American Dream in the New Jersey Superior Court. SOL-MM III LLC represents two firms, Western Asset Management and Nonghyup Bank of South America. The two firms contributed to financing the construction of the American Dream, which was a massive $1.7-billion construction project. The other lenders to the project agreed to give American Dream a four-year extension to repay the loan, but the plaintiffs allege that American Dream cut them out of the negotiation. They’re now seeking $389 million from American Dream.

The mall offers great entertainment and shopping experiences for children, but it’s important to know about the incidents that have occurred at the mall and how the mall has responded to them. In some instances, if you were injured at a venue, a personal injury lawyer may be able to assist you in proving that the venue was negligent in its failure to create a safe environment for patrons. This may happen if a venue doesn’t clean up a spill, fails to meet inspection regulations, has dangerous walking conditions, and more.

Contact Our New Jersey Personal Injury Attorneys if You Got Injured at The American Dream Mall

If you or someone you know has suffered an accident at a venue, the attorneys at Davis, Saperstein & Salomon, P.C. has decades of experience and may be able to help. The firm offers free and confidential case evaluations and is available 24/7.

Contact them today by calling 201-444-4444. More information can be found on their website at http://www.dsslaw.com.

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People generally know that if they are injured, they have a right to sue the business or person who negligently harmed them for monetary damages to compensate them for their harm and losses. But most people don’t know that the lawful spouse, including a domestic partner, has a claim and right to sue for their losses as well. If someone else’s harmful act has deprived you of your loved one’s companionship and affection, you can demand they compensate you by bringing a loss of consortium claim against them. But here’s the catch…it must be brought within the injured person’s filed lawsuit. This claim, in legal terms, is known as a “derivative claim,” meaning it’s derived from the injured person’s claim. This derivative claim is known as a “per quod” spousal claim for loss of society and consortium. The claim covers many of the unexpected relationship adjustments caused by a serious injury, including losses in the bedroom.

If cases are settled before trial, meaning an out-of-court settlement, rarely is there a separate allocation or payment made for a spousal claim because it’s generally all rolled into one settlement number. That’s because if the injured person’s injury case is settled, the spousal claim will be dismissed as part of the settlement. However, proving a spouse’s claim can be embarrassing, emotionally challenging, and legally complicated without the help of an experienced New Jersey personal injury attorney.

We at Davis, Saperstein & Salomon, P.C., with our skilled injury attorneys experienced with winning loss of consortium claims, can pursue you or your spouse’s rights under the law. We rarely get into the “dirty details” but instead describe it for what it is – a loss of intimacy – and we communicate exactly that way. Call or contact us today for an explanation of your rights for your free consultation.

What Is Loss of Consortium?

Consortium is a legal term referring to the companionship, love, affection, society, comfort, and services provided by a spouse or close family member. Under New Jersey law, the deprivation of this consortium is a type of non-economic loss suffered by the spouse – and only the spouse – of an injury victim. A jury may award these individuals compensation in a personal injury or wrongful death case.

How to Prove Loss of Consortium in New Jersey

A loss of consortium claim can compensate the legally married spouse of a victim whose injury or death resulted from someone else’s negligence. To prove a loss of consortium claim in New Jersey, the plaintiff must show that they suffered a genuine loss of the intangible benefits of their relationship with their spouse. Lost relational benefits include:

● Companionship – The loss of the ability to spend time with the injured person and share experiences
● Love and affection – The loss of emotional support, physical affection, and marital intimacy
● Comfort and solace – The loss of emotional comfort and support during difficult times
● Household services – The loss of help with household chores and tasks that the injured person would have performed, including the new chores the spouse must now handle

To establish these losses, a plaintiff must present evidence such as:

● Testimony from the spouse and other family members about the nature and quality of their relationship with the plaintiff before and after the injury
● Medical records and expert testimony about the nature and extent of the injury and its impact on the victim’s ability to provide companionship, love, and services
● Documentation of the spouse’s own emotional and psychological distress resulting from the loss of consortium

What Compensation Can I Get for a Loss of Consortium Claim in New Jersey?

In New Jersey, compensation for a loss of consortium claim is for monetary damages – meaning it compensates for intangible losses such as emotional distress, pain and suffering, and loss of enjoyment of life. Here is what a New Jersey Judge instructs a Jury regarding the New Jersey loss of consortium law before they deliberate and return a jury verdict for loss of consortium.

New Jersey Jury Instruction: Damages — Per Quod Loss Of Spouse’s Services, Society And Consortium

A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse’s services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant’s negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality. [If appropriate the judge may charge,] Damages may include but are not limited to out-of-pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.

The amount of compensation recoverable in a loss of consortium claim depends on the circumstances of the case, including the severity of the injury and the impact on the spouse’s relationship with the injured person. Economic losses can be brought that include a spouse’s obligation to return to the workforce, the cost of additional domestic help, and other expenses.

Some factors in determining the dollar amount of damages for loss of consortium include:

• The nature and extent of the victim’s injuries
• The length of time the injured person is expected to be impaired
• The injured person’s age
• The quality of the relationship between the spouse and the injured person before the injury
• The extent of the spouse’s emotional and psychological distress resulting from the loss of consortium

New Jersey law does not impose a specific cap on the amount of loss of consortium compensation. A jury will weigh the evidence to determine the money a plaintiff may receive for a loss of consortium claim.

How to Handle a Loss of Consortium Claim in New Jersey

If you or your spouse suffered a serious injury, it’s essential to consult with an experienced personal injury lawyer to evaluate your case and advise you on your options. Here are some steps you can take to handle a loss of consortium claim in New Jersey:

• Seek medical attention – The victim should get the appropriate medical care immediately. This will help establish the nature and extent of their injuries and the impact on their ability to provide companionship, love, and services.
• Gather evidence – Your attorney will need proof to demonstrate your claims, such as medical records, witness statements, and marriage records. Collect as much evidence as possible to help your attorney support your case.
• File your claim – Your attorney will file your claim with the appropriate court in New Jersey and serve the defendant with a copy of the petition.
• Attend mediation or settlement negotiations – Mediation or settlement negotiations resolve many cases, so be prepared to attend these proceedings with your attorney to work towards a fair resolution.
• Prepare for trial – If the defendant or their insurer does not offer you a fair settlement, your attorney must prepare for trial.
• Stay informed – Keep in touch with your attorney and stay informed about your case. Ask questions if you have any concerns or are unsure about any aspect of the case.

Talk to the Attorneys at Davis, Saperstein & Salomon, P.C. About Your Loss of Consortium Claim

When choosing an attorney to handle your loss of consortium claim, consider their experience, reputation, and track record of success with similar cases.

Davis, Saperstein & Salomon, P.C. was established in 1981 and has provided legal services to residents of New Jersey and New York for over 40 years. Our team of more than 30 personal injury attorneys has extensive experience handling personal injury cases, including those with loss of consortium claims. We have locations across New York and New Jersey and can meet with you over the phone or via video chat at your convenience. We also have Spanish-speaking attorneys and can provide translators in many other languages.

At Davis, Saperstein & Salomon, P.C., we are proud of having secured over $800 million in verdicts and settlements for clients to date. Find out how we can help with your loss of consortium claim when you call or contact us online for a free consultation.

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According to news reports, one construction worker died and three others sustained injuries in a building collapse in Lower Manhattan earlier this month. The New York City Fire Department (FDNY) says a wall collapsed while workers were demolishing a commercial building in SoHo.

One worker was buried beneath the debris, while two workers reportedly fell on top of it and sustained non-life-threatening injuries. It is unclear how the fourth construction worker was injured. By the time firefighters dug out the trapped worker, it was too late.

Reports say that debris overloaded one floor of the building, causing a wall to come down with it during the NYC demolition. The company tearing down the building received a violation the previous month for overloading the first floor with 50 tons of construction material. However, Department of Buildings officials said the collapse was not the result of any previous violations.

Common Injuries Construction Workers Suffer

Construction is an important industry in New York. But it’s also one that places its workers in danger of suffering serious injuries like:

• Traumatic brain injuries (TBIs)
• Nerve damage
• Burn injuries
• Eye injuries, including vision impairment and blindness
• Loss of limb
• Broken bones
• Spinal cord injuries and paralysis
• Neck injuries
• Internal bleeding
• Penetrating wounds
• Torn ligaments and tendons
• Respiratory illnesses from toxic exposure

Who Is Liable If You’re Hurt at a Construction Site?

If you get hurt on the job as a construction worker, you might face several challenges as you pursue compensation for your injuries. One significant issue for many workers is that workers’ comp benefits do not cover 100 percent of lost wages and other accident-related expenses. If you don’t have other sources of coverage, you could get stuck paying out of pocket.

However, there are some cases where a third party could be financially responsible for your losses – including the full value of your lost wages as well as your pain and suffering. If someone other than your employer caused the accident, they should be held accountable. Some common examples of third parties who might be liable for a construction accident include:

• Project managers or general contractors
• Manufacturers of tools, equipment, and machinery
• Property owners
• Designers
• Subcontractors
• Site engineers
• Architects

Statute of Limitations for NY Construction Accident Claims

The amount of time you have to pursue financial recovery for your losses in NY will depend on what type of claim you’re filing:

• Civil lawsuit – If you have grounds for a personal injury lawsuit after a construction accident, you must file within three years of the accident date or risk having your case thrown out in court.
• Workers’ compensation – If you’re pursuing workers’ compensation, you have even less time to act. You must report your injuries within just 30 days of the accident. You then have two years to file your claim for workers’ comp.
• Wrongful death lawsuit – In cases of wrongful death, the surviving family has two years to file a civil lawsuit in New York.
• Government agencies – You only have 90 days to file if your claim is with a government entity.

However, there are also exceptions to these limits. A construction site accident lawyer can help you identify key deadlines and keep your case on track.

Contact the NYC Construction Site Injury Lawyers at Davis, Saperstein & Salomon, P.C.

If you sustained injuries in a building collapse or another construction-related accident in NYC, contact the construction site injury attorneys at Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 for a free initial consultation. With more than 40 years of experience and dozens of talented attorneys on staff, you can count on us to provide the legal support and attention you deserve.

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