Negligence is the basis of your personal injury or nursing home case. It must be proved in order to hold a person or company legally responsible for your pain and suffering. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases. There are four things that must be proven in court to constitute negligence; duty, breach, causation, and damages/harm. In general, when an individual acts carelessly and causes an inj

A 23-year-old Newark man died on Thursday, April 23rd after a crash in Bear. The man was riding on a Yamaha motorcycle on Pulaski Highway approaching a green light when he was struck by a Jeep Cherokee who pulled into the intersection. The Motorcycle Safety Foundation has found certain risk factors for crashes or near-crashes. In the table below, intersection Influence increases crash or near crash risk by 40.7%. It’s Not Just the Motorcyclist The most common vehicles on the

At Kimmel Carter, we have nearly 50 years of experience with personal injury cases. Over this time, it has become clear what the leading causes of vehicle accidents are. Below, find the top 5 reasons for car accidents, and the steps you can take to be a safe driver. 1. Distracted Driving This is the most common cause of car accidents. It is crucial to keep focused on the road, and not talking on your cell phone, texting, or browsing social media while driving. Distracted driv

A California man has been arrested and charged with 3 counts of murder after slamming into a Prius, causing it to hit a tree on purpose. Authorities are investigating whether the suspect knew the victims, or if it was an act of intentional road violence on random victims. All Too Common During the early autumn 2019, a Wisconsin mother who was teaching her son to drive was shot to death after a minor car crash. In mid-summer 2019, an Alabama woman accidentally shot her husband

In 2017 there were 4,761 people killed in crashes involving large trucks according to the National Highway Traffic Safety Administration. Truck Fatalities Increasing Fatalities in crashes involving large trucks increased by 9.0 percent from 4,369 in 2016 to 4,761 in 2017. Over a 10-year period there was a 1 2% increase in the total number of people killed in large-truck crashes, from 4,245 fatalities in 2008 to 4,761 fatalities in 2017. Of the fatalities in 2017: 72 percent (

The New York State Nurses Association has filed three lawsuits, alleging that the state Department of Health and two hospitals failed to protect health care workers during the Coronavirus Pandemic. The union said the New York Department of Health, Montefiore Medical Center and Westchester Medical Center compromised the health and safety of nurses by providing inadequate equipment, training and working conditions to the nurses treating COVID-19 patients. NYSNA Executive Dire

New Jersey Senate President Sweeney is introducing a bill this week which will be crucial for assisting frontline workers during the COVID-19 pandemic. The bill ensures essential workers are eligible for workers' compensation if they contract COVID-19. Interestingly, the worker will not need to prove they contracted the Coronavirus at work in order to receive workers compensation benefits. Senator Sweeney stated “The men and women who are on the front lines protecting our hea

As COVID-19 pandemic continues, people are employing telehealth services more than ever. Telehealth is defined as the delivery of health care and related services via telecommunication technologies. There is a growing belief that digital health care can offer an ideal platform for companies looking to keep their workforce healthy. A synthesis of digital technology, data and medicine, telehealth has the potential to transform the workers’ compensation industry by providing: In

In the past few weeks, we’ve experienced the effects of a devastating virus. When crises occur, our doctors, nurses, EMTs, police, and firefighters put their own lives at risk to save others. They answer the call, rush toward danger, and lead the way. As many of us in the workforce are being asked to serve the public’s health by stepping back and staying home, one population is being tasked to step forward. Our frontline health workers are the first responders in the fight ag