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A thorough familiarity with New Jersey’s No-Fault Law, N.J.S.A. 39:6A-1 et seq., is essential to the successful litigation of an automobile personal injury case. Significant changes to the No-Fault Law were implemented via the Automobile Insurance Cost Reduction Act of 1998 (AICRA), and N.J.A.C. 11:3-3.1 et seq., AICRA’S implementing regulations. AICRA applies to policies purchased … Continue reading What is automotive personal injury litigation?
A “basic” policy must provide: PIP coverage, in an amount not to exceed $15,000, per person, per accident, for the benefit of the named insured; resident family members; occupants and permissive users of the insured vehicle, except that treatment for catastrophic injuries is covered up to $250,000; Liability coverage for property damage in the amount … Continue reading What is the basic policy?
In 2003, the Legislature created the “special” policy to enable certain qualifying low-income individuals to comply with the mandatory insurance laws. The policy is available to those eligible for and enrolled in Medicaid. A “special policy” must provide: Emergency medical coverage, up to $250,000, for the benefit of the named insured and dependent resident family … Continue reading What is the special automotive policy?
Every insured person in New Jersey is subject to either a “tort threshold” or “no tort threshold.” The tort threshold is a provision in an insured’s own policy that, in exchange for a reduced premium, bars a plaintiff’s right to sue unless he or she sustained an injury as described by statue. Because AICRA made … Continue reading What is the tort threshold?
Because New Jersey is a “no fault” state, medical bills for injuries sustained in an automobile accident are paid by the insured party’s own automobile insurance carrier under the personal injury protection or “PIP” provisions of the auto policy. N.J.S.A. 39:6A-1.1 et seq. A claim for personal injury protection benefits, commonly known as “PIP” claim, … Continue reading What are personal injury protection (PIP) claims?
Uninsured and underinsured motorists coverage involves first-party coverage under a contract of insurance. The insured’s entitlement to coverage and the procedures for pursuing a claim are governed primarily by the contact, and those rights differ substantially from carrier to carrier. Some UM/UIM carriers, for instance, now include provisions permitting the carrier at its option to … Continue reading What are uninsured Motorists (UM) and Underinsured Motorists (UIM) Claims?
As advanced as many forms of medical treatment have become, personal injury victims still face challenges with full diagnosis and adequate long-term treatment for many conditions. Perhaps the foremost problematic type of injury is head trauma, due largely to the unpredictable nature of harm to the human brain and the possibility that symptoms are not always … Continue reading Hospitals in New Jersey step up to test athletes for brain injuries
Personal injury and wrongful death claims against municipalities and government agencies present special challenges to injury victims and survivors who deserve compensation for harm caused by negligent employees or public servants. A recent decision from the New Jersey Supreme Court reinstated a wrongful death claim against the Plainfield Rescue Squad due to an alleged delay in transporting a gunshot … Continue reading New Jersey Supreme Court Reinstates Claim Against Rescue Squad
Last year’s horrific fatal bus crash in the Bronx that killed 15 passengers returning to New York City from a Connecticut casino struck fear into the hearts of bus commuters throughout New Jersey, New York and nationwide. Passengers who ride from urban centers to Atlantic City, Niagara Falls and other regional destinations for recreational outings have every … Continue reading NTSB Study Spotlights Dangers of Discount Tourist Bus Services
Unfortunately, sexual harassment is still prevalent in the workplace. Harassment in the workplace leads to an uncomfortable and often hostile work environment. Everyone has the right to work in a place where they feel safe. That is why it is important for employers to create policies that discourage any type of harassment or discrimination. In … Continue reading Why Employers Need Strict Anti-Sexual Harassment Policies
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