Not everyone was able to work from home when New Jersey issued shutdown orders in response to the Coronavirus pandemic. For those who still had to report to work each day, they risked contracting COVID-19 from a co-worker, an employer, a client, or vendor who they came in contact with at the office. If you contracted COVID-19 at your workplace, do you have a case for workers’ compensation? The NJ workplace injury attorney from Rossetti & DeVoto, P.C. can answer your questions.

Workers’ Compensation Covers COVID-19?

This is a difficult question to answer because traditionally, workers’ compensation does not cover illnesses spread by the community. Why? These illnesses, like the flu and the common cold, are difficult to pin down as to how you contracted it. It’s tough to prove that you fell ill while performing your job duties. But, an NJ workers comp attorney can help determine a course of action.

NJ Workplace Injury Attorney: How States Handle Workers’ Comp and COVID-19

An NJ workers’ comp attorney will be able to review your case and explain whether or not you will have a legitimate shot at winning a claim. However, it’s a good idea to explore how states have handled workers’ compensation and COVID-19.

As of right now, New Jersey did not adopt any changes. This is in regards to those who contract COVID-19 at work and the administration of their workers’ compensation. However, AB 3998 has been proposed, according to our NJ workplace injury attorney. This bill would extend certain supplemental benefits through workers’ compensation. This is for the surviving dependents of an essential worker who dies during the course of their employment. NJ introduced the bill on May 4, 2020.

Only 14 states have taken action to include COVID-19 as part of their workers’ compensation benefits. There have been six states that enacted legislation that creates a presumption of workers’ compensation coverage for various types of workers during the pandemic. Four states limit this coverage to only healthcare workers and first responders. One state (Illinois) covers all essential workers.

What if I was Deemed an Essential Worker?

When the pandemic reached the United States, certain groups of employees were labeled as essential. However, they were not essential in the past. For example, grocery store employees, transit employees, and even teachers have been considered essential. On top of these groups, you already have police officers, firefighters, EMTs, paramedics, healthcare workers, and many others. 

Simply being labeled as an essential worker does not mean that workers’ compensation will be issued if you contract COVID-19 on the job. That’s why you must speak with an NJ workplace injury attorney about your individual situation. 

Contact an NJ Workers’ Comp Attorney Today

If you displayed any symptoms of COVID-19 and tested positive for the virus, it is important that you speak with an NJ workers comp attorney from Rossetti & DeVoto, P.C. as soon as possible about your case. Call our office at 856-354-0900 to schedule a consultation today. Our NJ workplace injury attorney or NJ workers comp attorney can help you file a workers’ compensation claim after reviewing your case.

Industrial sites and construction sites are among the most dangerous places for workers. With so much going on, and so many moving parts, the potential for injury lurks around every corner. Ant this is why accidents on industrial sites are not an abnormality. Below is a list of safety principles and practices for employers and employees to follow in order to minimize the risk and to prevent worker injuries on hazardous industrial sites.

Safety Training

The first step you should take to minimize the risk of mishaps on industrial sites and construction sites is to provide adequate safety training. By giving detailed safety training to all employees, employers can ensure that there are no hidden dangers for employees. Along with training, employees should also know and understand all relevant health and safety policies for the job at hand.

One of the most important health and safety policies that employers could always implement is that employees shouldn’t be under the influence of any substances when they’re at work. This is important, otherwise, employees could be putting themselves in danger whilst trying to operate industrial machinery. By asking employees to do on the spot drug tests (get more info here), employers will be able to check whether employees have been drinking or using drugs recently. This should limit accidents and keep employees in check when they’re on-site. Finally, employers must ensure that employees only operate machinery that they are trained to use safely. Improper usage of machinery can quickly lead to severe injuries.

Protective Clothing and Equipment

Always be sure that workers are wearing the correct protective clothing and equipment on industrial sites. The exact personal protective equipment and clothing (PPE) will naturally vary based on the specific needs of each job assignment. Generally, workers should wear a hard hat, steel-toed boots, a high-visibility visor, and work gloves at all times.

Proper Maintenance

Before using any equipment, ensure that it is in proper working order. Adequate maintenance of all industrial and construction equipment, as well as regular inspections. Both of these are critical for both safety and the effective functioning of the tools. Improper maintenance, especially of heavy machinery, may lead to malfunctions. Or, equipment breakage, which can injure, trap, or even kill unsuspecting workers. You need to be assured that the equipment you are getting is certified and safe for all those cleared to use, from milling machines that can be found on this page, to the ladders used for site work. Constant maintenance is a must.

Prevent Falls and Other Basic Accidents

When preparing for work on an industrial site, workers and their employers should minimize the risk of simple accidents from occurring. The most common types of accidents on job sites are small ones that happen every day.

Two of the most prevalent types of injury in the workplace are slips and falls. By practicing common sense safety techniques, such as holding on to railings when ascending or descending staircases or placing “wet floor” signs when mopping or cleaning up spills or standing water, you can take a big step in ensuring a safe working environment. Making sure you clean up the mess with V-TUF products can also help reduce this risk.

Falls are the leading cause of death at industrial sites. By installing fall protection systems, such as guardrails, nets, and canopies, you can help mitigate the risk of death associated with falls. Scaffolding is another excellent way to help reduce the risk of falls. If installed, however, the proper maintenance of scaffolding and regular inspections by professional employees with the correct training are obligatory. While looking for a scaffolding solution for construction sites it would be a safer option to look at professional scaffolding companies like these Leeds scaffolders or other reputable companies, to ensure any scaffolding is installed safely and therefore overall improves the safety of workers and the site they’re on.

If You Are Injured On the Job, Call Rossetti & DeVoto Today

Having an accident on industrial sites or construction sites can cause untold pain and suffering – both physically and mentally. At Rossetti & DeVoto P.C., we’ve successfully represented hundreds of individuals who were the victims of injuries on industrial and construction sites. We work tirelessly for our clients and passionately fight for their rights. If you suffer an accident or injury while working at an industrial job site, give us a call today at 844-263-6260 to speak to a member of our experienced and knowledgeable legal team.

In New Jersey, if your family is confronting the wrongful death of a loved one, knowing where to start can feel daunting. This guide aims to simplify that process: who can file, what financial compensation involves, and the outlines of navigating New Jersey’s wrongful death legal system. It’s a direct path to understanding your rights, the statute’s specifics, and how to proceed with a sound claim related to wrongful death New Jersey.

Key Takeaways

• New Jersey’s wrongful death statute provides compensation for expenses related to medical care, funeral arrangements, and loss of future financial support, and requires expert legal navigation due to its complexities.
• The statute of limitations for filing a wrongful death claim in New Jersey is two years from the date of death, with some exceptions that can extend this period under specific circumstances.
• Wrongful death claims can result in compensation for both economic and non-economic damages, although New Jersey law excludes recovery for emotional distress and pain and suffering of the estate, with limited exceptions.

👉Also Read: When Tragedy Strikes: Pursuing Wrongful Death Claims in New Jersey Courts

Navigating New Jersey’s Wrongful Death Statute

New Jersey’s wrongful death statute is a beacon of hope for those seeking justice for a loved one’s untimely death. This legal provision allows for the compensation of expenses related to medical care, funeral arrangements, and the loss of future financial support and services that the deceased would have provided to the dependents.

Wrongful death claims can arise from a variety of fatal incidents, from on-the-job accidents due to employer negligence to collisions caused by impaired drivers. In such cases, a Jersey wrongful death lawyer can provide invaluable assistance in navigating the complexities of the legal process.

While the statute provides a legal pathway toward justice, it is important to note that the process of filing a wrongful death claim can be complex and often requires the expertise of a seasoned wrongful death attorney. A qualified wrongful death attorney can help you with the following:

• Understand the nuances of New Jersey’s wrongful death statute
• Negotiate with insurance companies
• Evaluate damages
• Secure fair compensation

Understanding the Basics of a Wrongful Death Claim in New Jersey

A wrongful death in New Jersey is legally defined as a death resulting from a wrongful act or negligent act committed by another party. This definition helps determine legal responsibility and potential compensation for the deceased person’s family. This means that if a person’s death is a result of someone else’s negligence, their estate has the right to bring a wrongful death lawsuit against the responsible party. However, to establish a wrongful death claim, it is essential to prove that the defendant’s negligence directly caused the death. Furthermore, the decedent should have had grounds for a personal injury claim had they survived.

Wrongful death claims can stem from various scenarios such as:

• Failures in property safety
• Inadequate product warnings
• Negligent employee background checks
• Vehicle safety lapses

The NJ Wrongful Death Act allows the estate of the decedent to seek compensation for the economic value of the decedent’s life and future support and services they would have provided.

Key Differences Between Wrongful Death and Personal Injury Lawsuits

While both wrongful death and personal injury lawsuits seek to establish liability and recover damages for harm caused by negligence, there are key differences between the two. In a wrongful death lawsuit, the estate of the deceased victim is the plaintiff, unlike a personal injury lawsuit where the injured individual themselves is the plaintiff. This fundamental difference impacts not only the parties involved in the lawsuit but also the types of damages that can be recovered.

Initiating a Wrongful Death Lawsuit in New Jersey

Initiating a wrongful death lawsuit involves a series of steps. The first step is to determine the applicability of the claim and identify the accountable party or parties. This process will involve gathering key evidence for the claim, which may include:

• The death certificate
• Relevant medical and police reports
• The decedent’s salary slips and tax returns
• Any physical evidence, photographs, videos, and witness testimonies

Once the eligibility of the claim is established and the responsible party identified, the process of strategic preparation for negotiations begins. This could potentially lead to settling outside of court, or if necessary, drafting and filing a formal complaint with the civil court.

Retaining a wrongful death attorney can significantly help families with the claim filing process, as attorneys manage:

• Investigations
• Expert hiring
• Claims filing
• Negotiations
• Litigation

Eligibility Criteria: Who Can File a Wrongful Death Claim?

The eligibility to file a wrongful death claim in New Jersey extends to surviving family members like parents, spouses, and children, as well as to grandchildren, nieces, nephews, or any individuals who were financially dependent on the deceased. However, it is important to note that under New Jersey law, a wrongful death claim must be filed by the personal representative of the deceased’s estate.

The Role of the Personal Representative in a Wrongful Death Suit

In a wrongful death suit, the personal representative of the deceased’s estate holds significant responsibility. They are responsible for filing the wrongful death lawsuit on behalf of the deceased person’s estate. If the deceased person did not name a personal representative in their will, the court will appoint an administrator to act as the personal representative to file the wrongful death lawsuit.

The role of the personal representative includes:

• Filing the claim
• Collecting and presenting evidence to support the wrongful death claim
• Proving the defendant’s fault
• Documenting damages

This role is crucial in ensuring that the estate and the dependents of the deceased are adequately compensated for their loss.

Financial Implications of a Wrongful Death Case

A wrongful death case is not just about seeking justice for a loved one’s untimely death; it also has significant financial implications for the surviving dependents. In New Jersey, plaintiffs in a wrongful death case can seek compensation for:

• Medical and hospital bills
• Funeral costs
• Lost wages
• Lost services
• Out-of-pocket costs incurred due to the death
• The expected earnings of the deceased, which contribute to financial support for survivors

These can all be included in a wrongful death damages claim.

Compensation in a wrongful death lawsuit covers:

• Economic damages, such as medical expenses, funeral costs, and lost income
• Non-economic damages, such as the loss of companionship, care, advice, and guidance that the deceased would have provided to their dependents
• The value of household services the deceased would have provided

Therefore, it is clear that the financial implications of a wrongful death case can be far-reaching, affecting various aspects of the dependents’ lives.

Recoverable Damages in a New Jersey Wrongful Death Lawsuit

In a wrongful death lawsuit in New Jersey, the decedent’s estate can claim compensation for the economic value of the decedent’s life, which includes future financial support and services they would have provided to their dependents. Survivors are also entitled to compensation for medical, funeral, and burial expenses that resulted from the decedent’s final illness or injury.

Non-economic damages for the loss of companionship are also recoverable in New Jersey. This addresses the emotional impact on survivors due to the wrongful death.

Upon the settlement of a wrongful death claim, the proceeds are apportioned by a court among the entitled individuals, with considerations taken into account such as each beneficiary’s dependency and other factors.

Limitations on Damages: What New Jersey Law Excludes

While New Jersey law allows for a broad range of damages in wrongful death cases, there are certain limitations on what can be claimed. The state’s Wrongful Death statute does not permit the recovery of non-pecuniary damages such as emotional distress, pain, and suffering. The estate of the deceased may not seek compensation for their emotional pain and suffering in a wrongful death lawsuit, with a limited exception for family members who witness the death.

Furthermore, punitive damages, which are intended to punish the defendant and deter future similar conduct, are generally not permitted in New Jersey wrongful death claims. Understanding these exclusions is crucial for setting realistic expectations about the potential compensation from a wrongful death lawsuit.

Critical Timelines: The Statute of Limitations for Wrongful Death in New Jersey

Every legal action is subject to a statute of limitations, which is a law that sets the maximum time after an event within which legal proceedings may be initiated. In New Jersey, the statute of limitations for wrongful death claims is two years from the date of the decedent’s passing. It is important to be aware of this timeframe when pursuing legal action. This means that the claim must be filed within two years from the date of death, or it may be barred by the court.

While the standard statute of limitations for wrong

Exceptions to the Statute of Limitations

ful death claims in New Jersey is two years, there are potential exceptions to this rule that can extend this deadline. It is important to understand these timelines and exceptions, as failing to adhere to the statute of limitations can result in the loss of the right to pursue a wrongful death claim.

Despite the standard two-year statute of limitations for wrongful death claims in New Jersey, some exceptions can extend this deadline. Other exceptions to the statute of limitations include scenarios where the claimant is a minor or suffering from physical or mental incapacitation. In the former case, the statute of limitations generally begins when they reach the legal age of 18. In the latter, the statute of limitations can be tolled until they recover the capacity to proceed with their claim.

Legal Strategies for Wrongful Death Claims

In a wrongful death lawsuit, having a sound legal strategy is crucial for a successful outcome. From establishing the defendant’s negligence to utilizing expert testimony, various tactics can be employed to strengthen a wrongful death claim. Some key strategies to consider include:

• Gathering evidence to prove negligence or wrongful conduct
• Identifying all potentially liable parties
• Calculating the full extent of damages, including economic and non-economic losses
• Presenting expert testimony to support your claim
• Building a strong case through thorough investigation and preparation

Seeking the counsel of wrongful death lawyers promptly is crucial to ensure the right to compensation is not lost due to the expiration of the statute of limitations.

A wrongful death attorney can provide the following services:

• Guide the survivors through the complex legal process
• Offer advice on potential compensation
• Help gather the necessary evidence
• Represent them in court if required
• Help with understanding the nuances of the law
• Negotiate with insurance companies
• Secure fair compensation

Proving Negligence in a Wrongful Death Action

To establish a party’s liability in a wrongful death lawsuit in New Jersey, four elements must be shown:

1. Duty: It must be proven that the defendant had a duty of care towards the decedent.
2. Breach: The defendant must have breached this duty.
3. Causation: The breach must be the direct cause of the decedent’s death.
4. Damages: The death must have resulted in damages.

Proving causation is especially critical in a wrongful death claim. This involves demonstrating that the death would not have occurred but for the negligence of the defendant. This is often the most contentious part of a wrongful death lawsuit and requires solid evidence and expert testimony.

Utilizing Expert Testimony in Wrongful Death Cases

Expert witnesses play a vital role in wrongful death cases. They provide critical evidence and testimony, which is essential in supporting the claim. They can help establish the defendant’s breach of duty, causation, and the damages suffered due to the wrongful death.

There are several types of expert witnesses that can be called upon in a wrongful death case. Liability experts explain the details of the accident and establish the defendant’s negligence. Economic experts, on the other hand, calculate the financial loss to the dependents of the deceased, which includes projecting potential future earnings and benefits.

The use of expert testimony can significantly strengthen a wrongful death claim and increase the likelihood of a favorable outcome.

Additional Legal Remedies: Survival Actions and Punitive Damages

In addition to a wrongful death claim, survivors may also pursue additional legal remedies under New Jersey law. These include survival actions and punitive damages. Survival actions allow the decedent’s estate to recover damages that the decedent could have pursued had they survived, including compensation for conscious pain and suffering experienced prior to death.

On the other hand, punitive damages are awarded in extreme cases where the defendant’s actions are deemed particularly reprehensible, showing a willful or wanton disregard for others’ safety. These damages serve a punitive role by punishing the defendant for their egregious conduct and a deterrent role by discouraging similar future behavior.

Distinction Between Survival Claims and Wrongful Death Claims

While both survival and wrongful death claims seek to compensate for losses resulting from a person’s untimely death, they differ in significant ways. A survival action in New Jersey may include recovery of the deceased’s damages such as medical expenses, lost wages, and notably, conscious pain and suffering. These damages are distributed in accordance with the deceased’s will or, if no will exists, following the state’s intestacy laws.

In contrast, wrongful death claims in New Jersey do not account for the decedent’s pain and suffering prior to death. Instead, they focus on the financial and relational losses suffered by the heirs. These losses may comprise:

• Economic support
• Guidance
• Advice
• Companionship lost due to the death

But they do not include compensation for sorrow or emotional distress. Upon settlement, the proceeds are apportioned by a court among the entitled individuals, considering each beneficiary’s dependency and other factors.

Seeking Punitive Damages in Extreme Cases

In cases where the defendant’s actions are particularly egregious or reckless, it may be possible to seek punitive damages in addition to compensatory damages. Punitive damages in New Jersey wrongful death lawsuits are awarded when the defendant’s actions are deemed particularly reprehensible, showing a willful or wanton disregard for others’ safety.

Punitive damages serve a dual purpose. They not only serve to punish the defendant for their egregious conduct but also act as a deterrent, discouraging similar future behavior. However, it’s worth noting that seeking punitive damages requires a higher burden of proof and is usually reserved for the most extreme cases.

👉Also Read: Seeking Accountability: Filing a Wrongful Death Lawsuit in New Jersey

Take Action Today for Your Wrongful Death Case

When facing the complexities of wrongful death lawsuits, having the right legal representation is crucial. At Rossetti & Devoto, P.C., we have a team of experienced lawyers who have successfully handled numerous wrongful death cases in New Jersey and Pennsylvania. We are big enough to inflict serious damage on defendants yet small enough to be nimble and move quickly. When you choose us, you get immediate action. Here’s what we offer:

• We immediately hire investigators, safety experts, engineers, and accident reconstructionists.
• We preserve evidence.
• We undertake site inspections swiftly.

In addition to our comprehensive legal services, we also offer a free consultation to discuss your case. We can provide you with valuable insights about your rights and explain New Jersey’s Wrongful Death Act and Survival Act in detail. Our expert advice can be invaluable in navigating the legal landscape of wrongful death claims and ensuring the best possible outcome for your case.

Contact us today to schedule your free consultation and learn how Rossetti & Devoto, P.C. can help you pursue justice for your wrongful death case.

Filing a claim against the NJ transit system can be a very trying task, so it makes sense to have an experienced attorney on your side to ensure you have the best chance of success. Here are the steps to take to file a claim, as well as some other things for your consideration.

Who is Liable in a New Jersey Transit Accident?

New Jersey Transit has a higher number of accidents than most transit entities in the United States. In the last five years alone, the number of accidents reported has gone over 150, making it one of the more accident-prone transit authorities. Injuries on the train can occur from numerous causes. Some include failure of the train to slow or stop, crashing, or becoming trapped in the door.

The responsibility to ensure the safety of passengers and workers falls on the NJ Transit. So, if you sustain injuries in their train stations, trains, or buses, they will be liable for damages.  

You Must Act Quickly

The Title 59 New Jersey statute is the controlling authority for how you have to proceed in a personal action injury against a public entity in New Jersey. New Jersey Transit is one such legal entity. To successfully file a Title 59 lawsuit against NJ Transit, time is crucial, and you must file a tort claim notice within 90 days of the accident in question. If you miss this deadline, you will most likely be denied any damages to which you may be entitled. Once the claim is filed, you have two years from the date of the accident to file a lawsuit against NJ Transit to recover damages. 

Here are some other things to pay attention to:

• Make sure that you receive medical attention immediately after the accident. Understand the extent of your injuries as well as possible since this information will become crucial when filing a claim.  
• Try to gather as much information as you can. If you can secure the contact information from someone who witnessed the event, that will help your case. Photographic evidence may also prove useful.
• Alert the operator or the authorities of your accident. This will leave evidence of the fact.

Speak with a Personal Injury Attorney Right Away

Even if you feel your injuries or loss is not worth pursuing, you should still file a claim, so the clock doesn’t run out as you recover. Title 59 NJ is very complex, so it’s best to immediately speak with an attorney with experience filing NJ public entity liability claims. At Rossetti & DeVoto, PC, we have a proven track record of winning personal injury settlements against NJ Transit. Give us a call at 844-263-6230 for a free consultation with our team of successful lawyers.

Selecting a Winning Jury

Personal Injury Case Management for the Seasoned Litigator

Presented by:
Andrew J. Rossetti, Esquire

Presented for: National Business Institute Cherry Hill, New Jersey

November 29, 2007

I. Voir Dire in New Jersey?

Despite the importance in selecting fair and unbiased jurors, that is, a winning jury, to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance.
In fact, as of January 22, 2007, Superior Court judges are required to employ the New Jersey

Supreme Court’s “standards for jury selection.” Furthermore, the standards are taken from recommendations

of the Court’s special committee on peremptory challenges and jury voir dire.

So, the Court adopted the special committee’s five new standards regarding voir dire, i.e., for the selection of a winning jury. These are:

1. Fine-tuning the general voir dire method.

2. Requiring new standard voir dire questions.

3. Encouraging supplemental questions.

4. Permitting increased attorney participation in voir dire.

5. Encouraging judges to more liberally grant challenges for cause.

In fact, the special committee did recommend a substantial reduction in preemptory challenges however the Court chose not to adopt this recommendation, but to hold it in abeyance for one year.

Attached to this document are the standards for jury selection directive as well as the standard jury questions for all civil cases, auto, slip and fall, medical malpractice, and the standard voir dire in a criminal matter for the sake of completeness. The Courts in this next year will be seeking lawyer feedback on the effectiveness on this new voir dire and now more than ever, you must get your trial organizations involved in this process, including the Trial Attorneys of New Jersey, ATLA-NJ, New Jersey State Bar Association and others. You should belong to at least one of these organizations if you are trying cases on a regular basis.

In the meantime, it is essential to keep pushing each trial judge to expand what we already have and to show how essential a good voir dire is to the outcome of a case for all litigants and how simply and economically it can be done, if done the right way.

While attorneys, judges and administrators debate over the most effective way to conduct voir dire, the experts sounded in long ago. It is almost unanimous among experts that lawyer conducted voir dire is essential to understanding jurors, and their biases and prejudices. Equally important is the fact that lawyer conducted voir dire helps ease the jurors into the case, allows them to interact with the parties before the case and to get an understanding of the case before they are thrust into opening statements knowing little or nothing about the case or the process except the one paragraph the judge has disclosed to them.

In New Jersey, the best we can probably hope for at this point is a mix of standardized judicial questions, jury questionnaires and lawyer follow-questions to standard voir dire. Below are several jury questionnaires and common pitfalls that lawyers make in utilizing questionnaires and voir dire.

II. Questionnaires for Winning Jury:

First and foremost, how to get the Judge to Approve your Jury Questionnaire:

1. Keep it simple. 2. Let the judge know ahead of time in pre-trial meetings and trial brief 3. Moreover, make it easy for the judge. (Have copies made, the pens available, clipboards). 4. Get consent from your adversary and include the adversary in questions 5. Select your test case wisely, and then use it over and over. 6. Get time to review the questionnaire before the actual voir dire.

7. Furthermore, request that the judge allow lawyer voir dire to the jury questionnaire.

Second of all, advantages to Jury Questionnaires:

1. Save time by not asking standard background questions of the entire panel. 2. Privacy – get honest feedback because answers are not in open court. 3. Allows more time for better, case-specific lawyer or judicial voir dire questions. 4. Have a better understanding of your jurors.

5. Lawyer does not have to write basic information of each juror and can concentrate on juror

Lastly, common Pitfalls in the use of Jury Questionnaires:

1. Too long and too complex. 2. Not enough time to review before jury pool brought to court room. 3. You can’t observe the potential juror and the questionnaire at the same time. 4. Tougher to digest information from a piece of paper than by listening and watching juror.

5. Judge substitutes his normal voir dire with the questionnaire and does no further inquiry.

III. The Value of Follow-Up, Lawyer Conducted Voir Dire?

In all but very few cases, I have been afforded the opportunity to ask direct follow-up voir dire questions of jurors. In Camden, Mercer and Essex Counties, Judges Mariano, Sapp-Peterson, Ferentz and Simonelli. The key is preparation.

If you prepare a comprehensive trial brief, with a case summary, voir dire questions, a witness list, exhibit list, legal issues, a case statement to be read to the jury, jury charges and all important documents and exhibits in the case, the judge will not only know and remember you as being prepared, but you will gain a competitive edge in the case. The judge will be more receptive to requests of jury questionnaires and follow-up lawyer voir dire because you will look like you know what you are talking about and will be convincing to the judge based on what the judge has already seen of your work product.

1. Ask open–ended questions; “Why do you feel that way?” 2. Stay away from conclusions; “Can you be fair?”

3. Be understanding to jurors, “I can understand how you would feel that way, but what if I told you ______, how would that make you feel?

4. Also, relate to jurors, “I once felt that way too, but what if the evidence were to show _____, how would you feel hearing the case in that scenario?
5. Furthermore, try and discover “core values and attitudes” of each juror, they are a better correlation to prediction of results than demographics, life experiences or other factors. For example, how many jurors have you left on the panel who has voted against you but had the same or similar case that you were espousing? Jurors will find reasons why their case was different because their values and attitudes ultimately result in the opinions they will form.

6. Have another attorney or paralegal or office staff with you at counsel table to handle taking notes. 7. In addition, never judge the juror for their beliefs or let the juror know you disagree with the belief. You can’t beat them into your beliefs! 8. Also, do not argue or cross-examine jurors. Be conversational, but firm with your questions and discuss issues that are present in your case. 9. Attitudes and beliefs are not a function of race, religion, age, sex or career. 10. Moreover, do not try to control or teach the jurors: “would it surprise you if I told you the law is _________”; Do you understand that _____________”.

11. Additionally, let the judge know that answers in open court rarely affect other potential jurors’ attitudes and beliefs. You don’t need a side bar for every follow-up question.

IV. Other Issues when Choosing Winning Jury:

1. Multiple defendants/plaintiffs – request additional challenges

2. Summertime jurors – (May to August) – Make a motion to strike the entire panel if it looks like the panel has any resemblance to a high school homeroom.

Lou DeVoto and Andy Rossetti have been included in the New Jersey’s Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

No aspect of the advertisement has been approved by the Supreme Court of New Jersey

Is there anything worse than being in an accident? What if the accident was a hit and run?
If you’re wondering, “what can I do if my car is hit, but they run?” read on.

If another driver strikes your car and then flees the scene, what steps can you take to ensure that you don’t become a victim? While the initial reaction of being involved in a hit and run collision is probably shock or alarm, for the sake of your insurance claim—and in hopes of catching the driver who fled—it is criticalthat you remain as calm as possible. Keeping a cool head is imperative. That is because having as much information as possible improves the chances that the police will catch the individual who struck your vehicle. And, will boost the chances of a successful insurance claim.

If possible, try to obtain as much information as you can on the vehicle which struck you. For example, the model and make of the vehicle, as well as the license plate number. If the incident occurred while you were away from your car, try to record as much relevant detail as you can; the time and location of the accident, as well as all pertinent damage that occurred.

Before leaving the scene of the accident, get contact information from any witnesses to the crash; their names, addresses and phone numbers. Then, before going, make sure you:

• Write down the exact time and location the accident occurred
• Take photos of the accident scene
• Take photos of the damage to your car. Particularly if there is paint from the other vehicle present on your car

Having proof of another vehicle’s paint on your vehicle is proof to your insurance company. That is, it is proof that your claim is genuine and not fraudulent.

Contact the police immediately to report the accident and file a report. Make sure to include a vehicle description and any witnesses and their contact information in the police report. Even if the police fail to track down the other driver, having a police report can go a long way in having your insurance claim accepted.

Even if the police fail to track down the other driver, having a police report can go a long way in having your insurance company accept responsibility under the Uninsured Motorist (UM) provision of your insurance policy. Unidentified driver who causes crashes and flees the scene are considered uninsured motorists. This is true under the law in most states including New Jersey. If you have Uninsured Motorist coverage under your policy, then the insurance company will pay up to those limits. That is, they will pay up for injuries caused by these hit-and-run drivers. You should check your insurance policy to make certain that your UM coverage matches the limits of your liability coverage to ensure that you have the maximum protection.

Contact an Experienced Hit and Run Attorney Today

Rossetti & DeVoto have successfully fought for clients who were the victims of automobile accidents, including hit and run collisions. These include a $2.3 million verdict by a Camden County judge for the death of a husband killed when a driver disregarded a stop sign;  $1.8 million for a Texas truck driver who suffered brain injuries in a crash on the New Jersey Turnpike; and  $900,000 for a man injured in a motor cycle accident. So if you’ve been the victim of a hit and run in New Jersey—or anywhere else—give Rossetti & DeVoto a call today at (844) 263-6260 for a free,no-obligation consultation.

Results may vary depending on your particular facts and legal circumstances.

A Camden County Jury awarded $750,000 to a Rossetti & DeVoto client on October 10, 2013, after she sustained internal injuries during a c-section. Read more about this medical malpractice verdict.

Rossetti on the Case

Andy Rossetti tried the case for the firm in a trial that lasted two weeks before the Honorable Anthony Pugliese, J.S.C. Rossetti alleged that the doctor injured the small bowel during the c-section. Then, the doctor failed to identify the injury during the surgery. Her failure to protect the bowel resulted in the bowel contents to spill into the abdominal cavity. The bacteria-laden contents infected the plaintiff to the point of peritonitis which progressed to sepsis. The sepsis caused cardiac instability and respiratory problems and led to the formation of abscesses in the plaintiff’s abdomen.

The plaintiff required two, otherwise unnecessary, surgeries to repair the bowel and try to clear the infection. Also, doctors performed two procedures. One in which drains were placed in several of the abscesses to permit them to drain. The plaintiff remained in the hospital for approximately one month until she received discharge notice.

Those in charge left the plaintiff with a large scar from the exploratory repair surgery. Also, the plaintiff was discharged with a golf-ball-sized abscess still in her abdomen. That abscess took three years to resolve. The plaintiff also alleged that the abdominal surgeries aggravated her preexisting spinal pain associated with an earlier fusion from an accident in 2003.

The defendant alleged that the injury to the small bowel was an accepted complication of a c-section. They alleged that the doctor was not negligent and that the injury likely occurred during manipulation of the uterus in an area that was not visible to the surgeon.

Final Verdict for Medical Malpractice

The jury deliberated for 3 ½ hours and returned a unanimous verdict 8 – 0 that the defendant deviated from the standard of care and that her deviation was a proximate cause of plaintiff’s injuries. The jury awarded $750,000.00 in damages and pre-judgment interest. Also, Medicare liens will be an addition to that number.

Traumatic brain injuries (TBI) occur when a sudden impact causes the brain to dysfunction. This can result from a bump, blow, jolt to the head, or a penetrating injury. On the other hand, spinal cord injuries can be classified as either complete or incomplete. Complete injuries often lead to conditions like paraplegia or tetraplegia, whereas incomplete injuries result in partial damage, affecting motor and sensory functions to varying degrees. The severity of a spinal cord injury is categorized based on the affected area, from cervical to sacral regions.

The key difference between brain injuries and spinal cord injuries lies in their impact. Brain injuries disrupt the brain’s ability to function, leading to complications that can affect memory, motor skills, and even personality. In contrast, spinal cord injuries directly impact mobility and bodily functions, often resulting in paralysis or loss of sensation in affected areas. Both types of injuries require immediate medical intervention and long-term rehabilitation to manage their extensive effects on the body.

ROSSETTI & DEVOTO, P.C. is a law firm experienced in representing persons with traumatic brain injuries. Mr. DeVoto was elected and served on the Board of Trustees of Bancroft NeuroHealth (a prestigious brain injury school located in Haddonfield, New Jersey) as well as Bancroft Brain Injury Services Corp. (Bancroft’s brain injury rehabilitation center).

ROSSETTI & DEVOTO, P.C. works with some of the top neurologists, neuropsychiatrists, neuropsychologists, and vocational rehabilitation experts in the world. We understand the medicine as well as the treatment and rehabilitation needed to allow brain-injured persons to return to our community and be effective and contributing members. If you’ve had the misfortune to have sustained a traumatic brain injury, speak with our traumatic brain injury lawyer today at 856-475-8261 or submit the contact form for a free case evaluation.

Prevalence and Impact of Brain and Spinal Cord Injuries

The prevalence of brain and spinal cord injuries is alarmingly high. Each year, more than 1.5 million Americans sustain a traumatic brain injury, with over 50,000 of these cases resulting in death and 80,000 leading to long-term disabilities. In New Jersey alone, approximately 175,000 residents live with disabilities caused by traumatic brain injuries. Similarly, spinal cord injuries are reported at a rate of approximately 11,000 new cases annually in the United States.

The impact of these injuries extends far beyond the immediate physical damage. Brain injury victims often face significant changes in their memory, motor functions, and personalities. Spinal cord injuries can lead to permanent loss of movement, sensation, and various bodily functions. Long-term complications include chronic pain, respiratory issues, and deep vein thrombosis. The socioeconomic impact is also profound, with victims often facing high medical costs and reduced employment opportunities, which can severely affect their quality of life.

Moreover, the burden on the healthcare system is substantial. The Centers for Disease Control and Prevention (CDC) highlights the need for ongoing medical care and rehabilitation for these injury victims, which places a significant strain on healthcare resources. Understanding the prevalence and impact of these injuries underscores the importance of preventive measures and effective legal support to ensure victims receive the care and compensation they deserve.

Common Causes of Brain and Spinal Cord Injuries

Auto and motorcycle accidents are the leading cause of spinal cord injuries, accounting for nearly half of all new cases each year. Brain injuries are similarly caused by traumatic events, with motor vehicle accidents being a significant contributor. For young and middle-aged Americans, especially those aged 16-24, car accidents and falls are the most common causes of brain injuries.

Falls are particularly prevalent among older adults, often leading to severe spinal cord injuries. Sports and recreational activities, such as diving into shallow water, account for about 10% of spinal cord injuries. Workplace accidents also contribute significantly to these injuries, with sudden forceful impacts causing traumatic brain injuries.

Violent encounters, including gunshot wounds and knife attacks, contribute to about 12% of spinal cord injuries. Understanding these common causes can help in implementing preventive measures and legal claims for maximum compensation.

Symptoms and Diagnosis

Timely medical intervention hinges on the ability to recognize the symptoms of brain and spinal cord injuries. Common symptoms of traumatic brain injuries include:

• Persistent headaches
• Dizziness
• Vision problems
• Balance deficits
• Speech issues
• Vomiting
• Trouble sleeping

These traumatic brain injuries are often referred to as “silent injuries” because their symptoms might not be immediately apparent, leaving the person seemingly healthy while suffering debilitating effects.

For spinal cord injuries, symptoms can range from partial or complete loss of sensory function or motor control in limbs to severe cases affecting bladder and bowel control. Accurate diagnosis, which typically involves physical examinations, imaging tests like MRIs or CT scans, and neurological assessments, is of paramount importance. Regular monitoring and documentation of symptoms can help manage these injuries over time and provide critical evidence for legal claims.

Legal Rights of Injury Victims

Brain injury victims in New Jersey can pursue compensation if their injury resulted from medical errors, dangerous drugs, or other negligent actions. Establishing a solid personal injury claim requires physical evidence, medical documentation, and expert testimony to support the victim’s case. A skilled brain injury attorney can help to identify the responsible parties and gather the necessary evidence to build a strong case.

Navigating the complexities of such cases requires the expertise of a New Jersey brain injury lawyer. They begin by thoroughly understanding the victim’s situation and asking detailed questions to prepare the case. The value of a traumatic brain injury claim can vary significantly depending on the circumstances, and expert legal advice is essential in ensuring that victims receive the compensation they deserve.

We at ROSSETTI & DEVOTO, P.C., renowned for our expertise in spinal cord and brain injury cases, can provide the necessary support and guidance.

Financial Compensation and Benefits

Various forms of financial compensation are often due to victims of brain and spinal cord injuries. This can include:

• Medical expenses for hospital stays, surgeries, and ongoing treatments
• Compensation for lost wages due to the inability to work during recovery
• Pain and suffering, accounting for both physical pain and emotional distress caused by the injury

These factors are considered in the compensation for brain and spinal cord injuries.

Insurance companies play a crucial role in the compensation process. They often negotiate settlements or provide payouts according to the victim’s policy terms. To maximize compensation, it is essential to thoroughly document the injury, medical treatments, and long-term impacts on the victim’s quality of life.

Legal guidance can be invaluable in navigating these complexities and ensuring that victims receive the full benefits they are entitled to. Personal injury lawyers specialize in this area and can provide the necessary expertise to advocate for victims’ rights effectively.

The Role of Medical Experts in Personal Injury Cases

In personal injury cases involving brain and spinal cord injuries, medical experts play a key role. They provide key evidence explaining the extent of the injury and its impact on the victim’s life. Their evaluations can significantly influence the outcome of a personal injury claim, providing persuasive testimony that can sway judges and juries.

Experts can also provide detailed estimates of financial damages, including future medical expenses and lost wages, ensuring that the compensation aligns with the victim’s long-term needs. Their testimony helps clarify the long-term impact of the injuries, which is critical in cases involving traumatic brain injuries.

A traumatic brain injury (TBI) is one of the most life-altering injuries that a person can experience. In fact, you can go from being a fun-loving, active person to someone who can barely complete daily tasks. Moderate and severe TBIs are the biggest culprits for causing permanent mental or physical disabilities. Your NJ TBI lawyer will seek compensation for your injuries.

Motor Deficits and Disabilities

Certainly, the most obvious consequences of a TBI are motor deficits and disabilities. This means that tasks that had been easily accomplished prior to the incident can no longer be completed at the same level or at all. For instance, some of these deficits or disabilities include:

• Problems walking, talking, or swallowing
• Vision problems
• Difficulty carrying or moving objects
• Paralysis
• Loss of motor skills
• Difficulty maintaining social relationships
• Inability to recognize something by touch
• Difficulties remembering and thinking
• Uncontrolled movements or muscle stiffness

Some of these can improve through therapies and coping mechanisms but that will not relieve the fact that there is still a TBI present.

Other Physical Effects

Certainly, not every person will have the same experience with their TBI as the brain is very sensitive and there are many areas that control the rest of your body. Also, other possible physical effects include:

• Chronic pain
• Seizure
• Sleep disorders
• Fatigue
• Changes in appetite
• Hormonal changes
• Difficulty regulating body temperature
• Loss of control of bladder and bowel functions

The effects that you will face will heavily depend on the severity of the TBI. You or your loved one should not be left to pay for all of the medical bills associated with a TBI when the accident occurred by no fault of your own. Your NJ TBI lawyer will seek compensation for your injuries and the life-long changes you will need to make.

Cognitive Effects

Aside from the physical effects of a TBI, there will also be cognitive effects. For example, some of these include:

• Memory problems
• Confusion
• Impulsiveness
• Difficulty with attention, concentration, and focus
• Easily distracted
• Slow to process
• Difficulty with language processing
• Problems with executive functions

Changes in planning, thinking, determining right from, inappropriate actions, and cognitive flexibility are all considered executive functions. It is important to note how the persona was able to function prior to the accident when meeting with an NJ TBI lawyer.

Behavior

Indeed, the way a person behaves is heavily influenced by their brain functions. Also, this can drastically change after a traumatic brain injury. So, some changes to be aware of are:

• Lack of motivation
• Depression
• Denial
• Lack of awareness
• Dependent behaviors
• Fluctuating emotions
• Irritability
• Aggression

Keeping relationships will also become difficult and forming new relationships will feel like an impossible task for those who suffer from a traumatic brain injury. In fact, participating in social activities will be rare and socialization will become near non-existent.

Contact an NJ TBI Lawyer

If you or a loved one have had their life altered because of a traumatic brain injury, it is imperative that the negligent party be held liable for their actions. In particular, you may require assistance for the rest of your life from no fault of your own. Certainly, the experienced attorneys from Rossetti DeVoto, P.C. have handled some of the toughest cases involving TBIs. So, Call us today at 856-475-6804 to schedule a consultation without an NJ TBI lawyer.

We are passionate in our commitment to protecting the rights of motorcycle riders. According to the National Highway Traffic Safety Administration (NHTSA) over 4,000 motorcycle crashes occur annually on US highways with over 75% involving other automobiles. Motorcycle accidents often cause catastrophic injuries resulting in huge medical expenses, lost employment, a lifetime of pain and suffering and in some cases the tragic and wrongful death of your loved one.

Although the most common cause of these crashes is the failure of the automobile driver to see the motorcycle, all too often the defense theme at trial is to “blame the biker.” At ROSSETTI, DEVOTO, P.C. we know that accidents happen to even the safest of motorcycle riders. We will vigorously fight insurance companies who unfairly deny compensation to innocent motorcycle riders injured by careless drivers.

ROSSETTI, DEVOTO, P.C. has recovered substantial settlements and verdicts for the serious injuries or wrongful deaths that result from motorcycle accidents. We are familiar with the unique challenges in these accidents. The injuries are often severe, there is no PIP coverage for medical bills, and law-abiding motorcyclists are accused of causing the crash.

Prompt action to preserve evidence is critical to recovering full damages. We get to the scene with our team of reconstruction experts immediately so that we can take photos, measurements and witness statements before the key evidence disappears. We will make home and hospital visits in order to get to work on your case as soon as possible. We understand and are familiar with handling even the most catastrophic injuries including traumatic brain injuries, amputations, paralysis and spinal cord injuries, devastating fractures and wrongful death.

After being involved in an accident, you may understandably choose to hang up your helmet and sell your bike. If that is the case, American Motorcycle Trading Company can help by giving you a fair price for your old motorcycles.

We know that being in a motorcycle accident can be an extremely traumatic experience, and we are here to help. Call now, for a free consultation.