Personal Injury

If you have been injured due to someone else’s negligence, whether that be another individual or a manufacturing company, a New Jersey strict liability attorney will be able to defend your case and get you the justice you deserve. In New Jersey, the law will make individuals compensate the victim for damages even if it wasn’t their fault. Therefore, there is no requirement that an injured person must prove negligence.

Strict Liability in Personal Injury

Strict liability imposes legal responsibility for injuries even if the individual that was strictly liable did not intentionally act with negligence. There are a few ways that strict liability is shown, including:

• Animal bites
• Manufacturing defects
• Abnormally dangerous activities

Strict Liability & Animal Bites

Since New Jersey has a strict liability law, this makes the dog owner liable in a civil lawsuit if their pet bites another individual. This only applies if the individual who was bit while on their public property or was invited over when the incident occurred. Whether or not the owner knew if the dog was vicious or not, doesn’t matter. If the individual was bitten, the owner will most likely have to pay damages for their injuries.

Product Liability & Strict Liability

When it comes to defective products that result in an injury, there are a few different types of liability lawsuits. They include:

• Design defects
• Manufacturing defects
• Marketing/ warning defects

Manufacturers have a responsibility to New Jersey consumers to provide safe products that will not result in harm or injury. If an injury happens to occur, product liability laws are able to give consumers recovered damages from the manufacturer or seller.

Damages Received

Most of the time, the person who was injured will seek compensatory damages for their injuries or losses. This can include economic damages such as medical costs and lost wages, as well as non-economic damages such as pain and suffering. New Jersey also allows for punitive damages, which can give additional punishment under certain circumstances if the individual was acting intentionally.

Marketing/ Warning Defects & Strict Liability

When there is a lack of warning on a product, leading to injuries or harm, the consumer is able to bring a strict liability claim against the manufacturer or seller of the product. Manufacturers have an obligation to provide warnings for specific reasons and have a responsibility to provide truthful information for their products. If they have warning or marketing defects that lead to injury, you could be entitled to compensation.

Contact Our New Jersey Strict Liability Lawyers Today

If you have been injured from a dog bite, product, or lack of warning signs, contact our New Jersey strict liability lawyers today. We have years of experience defending our clients and getting them the justice they deserve. Our attorneys at Gold, Albanese, Barletti, & Locascio are dedicated to your case and will work tirelessly to get you compensated.

Emotional distress is a very real consequence of being injured and can be a major factor when you’re seeking compensation for damages in a personal injury case. At The Law Offices of Gold, Albanese & Barletti, LLC, our attorneys will assess your personal injury case and determine which types of damages are appropriate for your specific situation.

What Are Damages In A Personal Injury Case?

Compensatory damages are monetary compensation for a plaintiff who has suffered injuries and losses due to someone else’s negligence. Economic damages are easy to determine — a dollar amount can be put on the cost of medical bills, lost wages and other accident-related expenses.

Noneconomic damages are more difficult to determine — how do you put a price tag on damages like pain and suffering, emotional distress and mental anguish? Noneconomic damages can be calculated in various ways, so it’s best to consult with an experienced attorney to ensure you receive maximum compensation for all noneconomic damages in your personal injury case.

Proving Emotional Distress In A Personal Injury Case

Because emotional distress is psychological, this type of injury can be difficult to prove. Emotional distress can take many forms, but some common indicators of it include fear, anxiety, insomnia and depression.

Some of the most compelling evidence of emotional distress is medical records. When seeking compensation in a personal injury claim, your attorney will gather all of your medical and mental health treatment records that show you’ve suffered physical and emotional harm. Your attorney may also ask your health care providers to provide statements or testify about your physical and psychological conditions. If you’re taking medication to deal with your emotional distress, make sure you keep a list and hold onto the bottles. These medications can provide proof that you’ve suffered psychological trauma or emotional distress after your accident.

Writing your thoughts down in a journal can also provide evidence of your mental state and how your injuries have affected your life. A knowledgeable personal injury attorney will collect all evidence that supports your claim for emotional distress and advise you on any additional steps to take to prove that you are suffering.

If someone’s egregious or outrageous conduct intentionally or recklessly caused psychological pain, you may be entitled to file a claim for intentional infliction of emotional distress. In this type of personal injury case, you must prove that the other person acted intentionally or recklessly, that their behavior was so extreme that it went beyond the bounds of decency or that the emotional stress suffered was so severe that no reasonable person could be expected to endure it.

A serious injury can change your child’s life in the blink of an eye. At The Law Offices of Gold, Albanese & Barletti, LLC, our experienced attorneys have decades of experience handling all types of child personal injury claims and will help your child recover compensation for past and future medical expenses, pain and suffering and other damages.

Types Of Child Accidents

There are countless ways in which children can be injured in accidents. According to the Centers for Disease Control and Prevention, auto accidents are one of the leading causes of death among children in the United States and more than 120,000 children are injured in car accidents each year. Some common injuries children suffer in motor vehicle accidents include:

• Head injuries such as skull fractures, concussions, contusions, and traumatic brain injuries
• Spinal injuries
• Lacerations and burns
• Fractured ribs, arms, legs, feet and pelvis
• Lung injuries
• Other internal injuries

Children also often sustain injuries from:

• Slip and fall accidents
• Recreation accidents at playgrounds, parks and swimming pools
• Accidents at school or daycare
• Playing sports
• Dog bites
• Defective products such as dangerous toys, car seats, furniture and household products
• Medical malpractice (often birth injuries)

Some of these injuries can have long-term financial, emotional and physical repercussions for children and their families. The trauma from a serious accident can lead to lifelong emotional distress, nightmares, anxiety, depression and other issues that can affect your child’s quality of life.

What To Do If Your Child Has Been Injured

When your child becomes sick or injured due to someone else’s negligence, you are permitted to file a child personal injury claim on their behalf. Many serious injuries require costly long-term medical treatment, in-home care, special educational services, and other expenses. You may also be entitled to wages for lost time from work.

Pursuing a child personal injury claim is a bit different from seeking compensation for your own injuries. Although a child’s parents or guardian must file the claim, there are additional legal safeguards in place to protect the child’s financial interests. It is vital to contact an experienced attorney who understands the ins and outs of child personal injury claims to ensure your child’s rights and interests are properly protected.

In New Jersey, there are several ways that child personal injury settlements are held until a child becomes an adult. The funds may be deposited with the County Surrogate’s office, as required by NJ statute, or an annuity can be purchased in the child’s name. Children with ongoing expenses such as medical care may be better served by having some or all of their settlement placed in a special needs trust. A skilled attorney will help you understand the child personal injury claims process and determine which option will best fit your child’s and family’s specific needs.

Contact Us

If your child has been injured, our attorneys at The Law Offices of Gold, Albanese & Barletti, LLC, will assist you with your child personal injury claim and work to ensure your child gets the compensation they deserve. Contact us online or call 732-936-9901 to schedule a free consultation.

The skilled attorneys at Gold, Albanese & Barletti, LLC, have decades of experience handling all types of personal injury cases, and can help you recover compensation for your damages if someone intentionally caused harm to you or a loved one.

Intentional Torts

Personal injury claims typically involve the legal theory of negligence, which allows an injured party to hold another person or entity responsible for the consequences of unintentional acts or a failure to act. Intentional torts are deliberate wrongful acts, and often involve physical violence such as battery, which may include acts such as punching someone or even shooting someone with a firearm. Battery can also be charged as a criminal offense. There are certain circumstances in which an intentional tort claim may be brought against an entity or business as well.

Other common intentional tort claims may include:

Assault—Threatening injury or attempting battery is assault. For example, if a person points a gun at you and causes fear of immediate danger, he or she could be liable for assault.

False Imprisonment—A person’s movement cannot be restricted against his or her will. When someone restrains another unlawfully, substantially interfering with his or her liberty, it could be considered false imprisonment.

Infliction of Emotional Distress—In an intentional infliction of emotional distress claim, a plaintiff must prove that the defendant engaged in egregious or extreme conduct with the intent of frightening another person, causing significant emotional distress or bodily injury. These claims are challenging and hard to prove, so it is vital to have an experienced intentional tort attorney who understands the most effective legal approach to protect your rights and interests.

Fraud—Fraud is an intentional misrepresentation of an existing fact for the purpose of inducing another person to act, resulting in harm, injury or damage. Fraud can also be charged as a criminal offense.

Invasion of Privacy—The tort of invasion of privacy is defined as an intentional intrusion “upon the solitude or seclusion of another person or his or her private affairs that would be highly offensive to any reasonable person.” Under New Jersey law, unless a person has consented to disclosure, the dissemination of any film, photograph, videotape, recording or other image of a person engaged in sexual contact or whose intimate parts are exposed can be considered invasion of privacy.

Defamation—When someone makes a false statement of fact about another person, it can be legally actionable if it causes harm to that person.

Intentional Tort Attorneys

Because intentional torts carry an element of intent that most other torts don’t, seeking compensation can be very complex—plaintiffs often face a more difficult burden of proof than they would in negligent tort case. That’s why it is essential to seek the counsel of an attorney who will take the most effective course of action to get you the justice and compensation you deserve. Call Gold, Albanese & Barletti, LLC, at 732-936-9901 or contact us online to schedule a free consultation.

A catastrophic injury that requires amputation is a life-changing event that can have dire physical, emotional and financial repercussions for you and your family. At Gold, Albanese & Barletti, LLC, our personal injury lawyers have handled hundreds of cases involving traumatic amputations and have seen firsthand the permanent and devastating effects of this type of serious injury.

Causes Of Traumatic Amputation

Amputation can involve the arms, hands, fingers, legs, feet, toes and ears. It may occur due to trauma during an accident or a body part may have to be surgically removed if there is no chance of saving it. Quite a few scenarios can cause catastrophic injuries or necessitate amputation may occur, including:

• Motor vehicle accidents
• Motorcycle accidents
• Trucking accidents
• Pedestrian and bike accidents
• Train and bus accidents
• Boating accidents
• Factory accidents
• Construction accidents
• Agricultural accidents
• Other workplace injuries
• Defective machinery or equipment
• Firearm, explosives and fireworks accidents
• Burns and electrical accidents
• Accidents involving dangerous chemicals
• Medical errors or malpractice

Living With Amputation

There are nearly two million people living with limb loss in the United States. Losing a limb, hand or foot can cause serious physical and psychological trauma and financial hardship. In many cases, the victim may experience permanent phantom pain and require extensive physical rehabilitation, costly prosthetics and ongoing medical care. Returning to work is often not an option for victims of traumatic amputation. The emotional impact of losing a part of your body can also have far-reaching, lifelong effects on you and your loved ones.

Compensation For Amputation Accidents

To ensure your financial future is protected and you receive the care you need, our knowledgeable and compassionate personal injury lawyers can help you recover damages for:

• Past and future medical bills
• Rehabilitative costs and home care
• Past and future income and earnings
• Pain and suffering
• Emotional trauma and distress
• Loss of enjoyment of life
• Loss of companionship or consortium
• Punitive damages (if applicable)

If You’ve Been Injured, We Can Help

At Gold, Albanese & Barletti, LLC, we understand the difficult and costly implications of injuries that cause or necessitate amputation. If you’ve been hurt or lost a loved one due to someone else’s negligence, our experienced personal injury attorneys provide the legal support you need and will fight to get the compensation and justice you deserve. Call Gold, Albanese & Barletti, LLC, at 973-326-9099 or contact us online to schedule a free consultation.

There are countless types of serious injuries that can be sustained from motor vehicle collisions, defective products, slip and falls and other accidents. Proper treatment may involve costly multiple surgeries and ongoing medical care. Our experienced personal injury attorneys at Gold, Albanese & Barletti, LLC have handled thousands of personal injury cases and have successfully helped clients get the compensation they deserve for their medical bills, lost wages and other damages.

Types Of Injuries That May Require Multiple Surgeries

Serious injuries that require multiple surgeries, hospital stays and extended medical treatment often come with very high physical, emotional and financial costs. Some injuries that typically require at least more than one surgical procedure include:

Knee Injuries

Knee injuries are one of the most common types of injuries sustained in motor vehicle and slip and fall accidents. The knee is a complex joint and can be damaged in multiple ways; from cracked kneecaps to a torn ACL to traumatic injuries that require full knee replacement surgery. Not only do severe knee injuries often necessitate multiple surgeries, they may involve months of painful physical therapy, which can end up costing tens of thousands to hundreds of thousands of dollars.

Back and Spinal Cord Injuries

Serious spinal cord injuries are also a common occurrence in motor vehicle crashes and other types of accidents. Victims may suffer from cracked or damaged vertebrae, herniated discs, whiplash and even paralysis which can all require surgical treatment. In some cases, emergency surgery is vital to prevent paralysis, and a victim may face months of painful and costly surgeries and therapy once he or she is stabilized.

Head Trauma and Brain Injuries

Brain injuries can range from mild concussion to severe damage or fluid on the brain that requires immediate medical attention and surgery. The effects of traumatic brain injury (TBI) can result in devastating lifelong physical, mental and emotional disabilities and other medical conditions that require complex surgeries and treatment whose cost can reach into the millions of dollars.

Broken Bones

Severely broken or shattered bones frequently require painful multiple surgeries that involve extended periods of recovery time and ongoing physical therapy. These types of serious injuries can permanently affect a victim’s overall physical health, mobility and ability to work.

Scarring and Disfigurement

Trauma such as severe cuts, abrasions, punctures and burns can result in permanent scarring, disfigurement, and other serious medical problems. Severe injuries may require multiple plastic surgeries and/or laser treatments; and can have lasting, devastating physical and psychological effects.

If you’ve sustained serious injuries due to someone else’s negligence, contact Gold, Albanese & Barletti, LLC, online or call 732-936-9901 to schedule a consultation. Se habla español.

Although workers’ compensation claims often involve injuries sustained due to falling objects and other hazards, employees working in all types of industries are vulnerable to almost any type of injury. Our experienced legal team at Gold, Albanese & Barletti, LLC, has handled many cases involving animal attacks and can help you recover full and fair compensation for your injuries.

A worker who has been injured in an animal attack on the job is entitled to file a workers’ compensation claim, which should cover medical bills, a portion of lost wages and other damages. However, the owner of the animal or property owner where the attack occurred may be liable as well.

According to the Centers for Disease Control and Prevention, about 4.5 million dog bites occur in the U.S. each year. About 800,000 require medical attention and some even result in death, but dogs are not the only animals that can cause serious injury. Attacks by other types of pets and wild animals also can result in injuries and/or illness that may require ongoing medical treatment such as broken bones, lacerations, rabies or other infections.

Risky Business

Certain workers face a higher risk of from animal attacks than others, including:

• Veterinary professionals
• Zookeepers and workers
• Pet store employees
• Animal trainers
• Delivery people
• Home health care workers
• Housecleaners
• Agricultural and farm workers
• Construction and maintenance workers
• Teachers

If you have suffered an animal attack injury or illness at work, holding the responsible parties accountable with a third-party injury lawsuit can help to ensure you receive adequate compensation for damages that are not covered by workers’ compensation, including pain and suffering, emotional distress, diminished quality of life and more.

Contact Our Experienced Animal Attack Attorneys in New Jersey

At Gold, Albanese & Barletti, LLC, we understand how traumatic and stressful the effects of animal attacks can be. Our skilled and compassionate legal team is committed to helping you recover just compensation for your injuries and will work hard to ensure you receive the care and compensation you deserve. Contact us online or call 732-936-9901 for a free initial consultation. Se habla español.

If you have been injured due to someone else’s negligence, lost income is an important factor to consider when filing a personal injury lawsuit. Our knowledgeable attorneys at Gold, Albanese & Barletti, LLC, have years of experience in handling personal injury cases involving lost income and can help you recover just compensation for other damages as well.

What Is Included In Lost Income?

Loss of income includes income from the job you held when you were injured and compensation for any other work opportunities you may have missed because of your injuries. Even if you are able to take sick leave or vacation pay for the time you missed, you are still entitled to the income you would have garnered had you been able to work. If an injury has permanently limited your ability to earn income, your personal injury lawsuit also can request compensation for loss of future earnings.

Documenting Loss Of Income

To be reimbursed for lost income, you must provide proof of the hours you missed due to your injury and the dollar amount of income you would have made during this time. If you have an employer, collecting information regarding your lost income should be easy. Ask your supervisor or HR department to write an official letter that includes your position, pay rate, the number of hours you typically work, and the number of hours or days you missed because of your injury.

If you are only periodically employed or are self-employed, providing proof of lost income can be more challenging. Evidence such as a decrease in billing and deposits, a calendar with canceled appointments and other documentation can all help support the claims of your personal injury lawsuit.

To show evidence of the dollar amount of your lost income, gather copies of customer billing statements, invoices, payments received, and any other documentation that demonstrates the amount you normally bring in. If you work sporadically or seasonally, you can show evidence of income by providing your income tax returns for previous years. An experienced personal injury attorney will help you determine which type of documentation is relevant to your personal injury lawsuit.

At Gold, Albanese & Barletti, LLC, our experienced legal team is committed to helping you receive the compensation you deserve. Contact us online or call 732-936-9901 for a free initial consultation. Se habla español.

The impact of a spinal injury on accident victims and their families can be emotionally, physically and financially devastating. Our team of experienced New Jersey personal injury lawyers at Gold, Albanese & Barletti, LLC can help you recover compensation for your injuries and the long-term medical costs often associated with spinal injury.

What Is Spinal Injury?

According to the Mayo Clinic, a spinal cord injury is “damage to any part of the spinal cord or nerves at the end of the spinal canal.” Back, neck and spinal injuries can cause chronic pain and very serious, permanent health problems that require lifelong treatment and care, including diminished motor skills, muscle strength and loss of feeling or sensation in areas of the body below the injury site.

The spinal cord is involved in a range of bodily functions such as bladder & bowel control, breathing and sexual performance. An injured party may become paraplegic (paralyzed below the waist) or quadriplegic (paralyzed below the neck), and his or her body may lose the ability to perform these and other functions on its own.

Causes of Spinal Injury

Spinal cord injury is commonly caused by a traumatic injury to the spine, which may be due to:

• Motor vehicle accidents
• Motorcycle, bicycle and pedestrian accidents
• Falls
• Acts of violence such as assault or gunshot wounds
• Sports activities such as football, diving and horseback riding
• Medical malpractice, including errors during neck or back surgery
• Workplace accidents

Types of Damages For Spinal Injury

The types of damages for which you may receive compensation include:

• Past and future medical expenses and continuing care
• Past and future loss of earnings
• Past and future loss of household services
• Pain and suffering
• Emotional distress
• Loss of quality and/or enjoyment of life
• Loss of companionship and consortium

Spinal Injury Claims

If your spinal injury was caused by negligence such as a car accident that wasn’t your fault, you must prove that the liable party is responsible for your injuries. When a spinal injury is exacerbated or caused by a defective product such as a malfunctioning airbag, you may be entitled to compensation from the designer, manufacturer, and seller of the product. New Jersey personal injury attorneys who are well-versed in successfully handling these types of complex spinal injury cases will understand how to effectively negotiate with insurance companies, or if need be, successfully present your case in court to ensure you receive maximum compensation.

Contact us at 732-936-9901 to discuss your claim with our skilled New Jersey personal injury lawyers at Gold, Albanese & Barletti, LLC.

A coma is a prolonged state of unconsciousness that is often caused by traumatic head injury, spinal injury due to car accidents, workplace accidents and medical malpractice. Increased pressure, bleeding, swelling, loss of oxygen, infection, seizures or buildup of toxins in the brain can all lead to coma. A brain injury can be temporary and reversible, or depending on its severity, it may be permanent.

When a person is in a comatose state, he or she is unresponsive to his or her surroundings. Although it appears that the person sleeping, he or she cannot be awakened by any stimulation.

While most comas typically last only a few weeks, when a coma continues for months or years it can turn into a persistent vegetative state. When this happens, families are faced with difficult decisions about their loved one’s future care, which can often be costly. If your loved one is in a comatose state due to someone else’s negligence, you may be eligible to seek compensation for:

• Past and future medical expenses
• Past and future lost wages
• Pain and suffering
• Loss of companionship and consortium

Seeking Justice for A Comatose Loved One

Seeing a loved one in a comatose state can be traumatic and frightening. In addition to the emotional and mental ramifications of your loved one’s injury, you may also wonder how you will be able to afford the cost of expensive continuing care. If the injury that caused the coma is due to another person’s negligence, skilled personal injury attorneys can advise you on how to protect your loved one’s rights and help to ensure your family gets adequate compensation for the comatose party’s ongoing care.

Our Experienced Personal Injury Lawyers Can Help

If you have been injured or have lost a loved one in an accident due to someone else’s negligence, our experienced and knowledgeable personal injury attorneys in New Jersey can help you get the compensation you deserve. Contact Gold, Albanese & Barletti, LLC, at 973-326-9099 to learn more or to schedule a free consultation.

If you have suffered scarring and disfigurement because of someone else’s negligence, you may be in physical and emotional pain that seems like it will never go away. If you are thinking of filing a scarring and disfigurement claim, there are a few things to consider that may help you understand the implications of your injuries.

Scarring and Disfigurement are Permanent Injuries

Permanent injuries such as scarring and disfigurement can affect your ability to enjoy life and cause severe physical pain and mental anguish. If you have suffered visible scars or disfigurement you may not want to leave the house or find it difficult to get a job. You may also require costly surgeries or long-term medical treatment for these injuries. Even a small scar or injury that is not visible when you are wearing clothing can cause pain and suffering that may have a negative impact on your health and well-being for the rest of your life.

Scarring and Disfigurement can Result in Long-Term Physical Pain

Scarring can cause skin to become inflexible and affect surrounding tissues. Due to the increased width and thickness of skin, scar tissue can result in loss of mobility, especially in areas where joints are essential for proper movement. Scarring can also cause permanent numbness or painful nerve sensitivity.

Scarring and Disfigurement Has Intangible Repercussions

You may not be able to perform recreational activites you once enjoyed, like working out, running or playing tennis with friends. Scarring and disfigurement may also affect your self-esteem and general sense of happiness, which can lead to difficulty with developing close friendships and romantic relationships. This loss of enjoyment of life and companionship can lead to emotional and mental problems that negatively affect your quality of life.

Perception Matters

If you have visible scarring or disfigurement on your head, face, neck, or hands, insurance adjusters and juries will likely perceive greater harm than if scarring is located in areas that are typically covered with clothing. Believe it or not, they are also more likely to perceive that a woman who has sustained these types of injuries will suffer greater damage than a man with similar injuries.

You May Be Entitled to Punitive Damages

If the responsible party acted in an egregious or malicious fashion, you may be entitled to punitive damages in addition to compensatory damages for medical bills, lost wages, pain and suffering and other damages. Punitive damages are designed as a type of “punishment” to deter the negligent party from allowing similar events to happen again.

If you or a loved one is considering filing a scarring and disfigurement claim, the experienced legal team at Gold, Albanese & Barletti, LLC, can assess your personal injury case and help you recover the compensation you deserve. Contact us at 732-936-9901 to schedule a free consultation.

If you are unsure about whether you should pursue a personal injury claim, there are various factors to take into account when making your decision. Regardless of the circumstances, the following questions can be helpful in determining whether it is worth filing a claim.

Have you suffered an injury?

After any accident, this is the first question you should ask yourself. Obviously, if you haven’t suffered an injury, there is no personal injury claim.

If you have suffered an injury, is it serious?

Many people minimize their injuries at first, especially if a friend or family member was involved in an accident. Keep in mind that sometimes injuries do not manifest themselves right away, so it is vital to seek medical treatment as soon as possible. If you have already received medical treatment, ask yourself:

Will you require further medical treatment? How much will it cost?

Was your injury catastrophic and life-changing?

What effects has your injury had on your quality of life?

To determine whether or not your injury is serious enough to pursue a personal injury claim, the extent of your injury must be taken into account. A simple scrape or bruise that doesn’t require medical attention is not cause for a personal injury claim. If your injury requires ongoing medical care and time off work for you to recover, it is probably serious enough to warrant a claim.

What Caused Your Injury?

Causation is easier to prove in some cases than in others. For example, if you slip and fall on a cluttered walkway, it may be easy to establish that the property owner’s negligence is what caused you to trip and sustain injuries. On the flip side, if you spill some water and slip in it, you may not be able to establish a link between the owner’s negligence and your injury.

Who Is At Fault for Your Injury?

If you are responsible for your own injury, then you probably do not have a claim against the other party. As stated above, if you can determine causation between the other party’s negligence and the accident that caused your injuries, it is easier to conclude who is at fault for the accident.

If you are partially responsible for your injury but someone else holds the majority of liability, you must consider the premise of comparative negligence. While you can still seek compensation, you will not receive as much as you would if the other party was fully responsible.

If you’re still not sure if you have a valid personal injury claim, the experienced legal team at Gold, Albanese & Barletti, LLC, can assess your situation and advise you on the best course of action to take. Contact us at 732-936-9901 to schedule a free consultation.

Personal injury claims & social media

Although the support of friends and family is vital, using social media is risky during a personal injury claim, as it may provide evidence against you.

Social Media Can Be Detrimental to Your Personal Injury Claim

In a personal injury claim, the job of the defense is to find evidence suggesting that damages are not as severe as the claimant purports. If an insurance company or their counsel views your social media account, they will use anything they can find to try and disprove your claim.

For example, if you are seeking damages for chronic pain or an inability to enjoy physical activities, the defense may examine photos on social media pages such as Facebook, Twitter, and Instagram. They may stumble upon evidence that suggests you are not injured — photos of you enjoying a bike ride or taking a walk in the woods with your dog can end up being used to refute your claim. The judge hearing your case may rule that you are not entitled to compensation for your damages if the photos show convincing evidence of your physical capabilities and/or enjoyment of life.

In addition to physical injuries, many people who are victims of accidents may also suffer from severe emotional distress. Loss of enjoyment, anxiety, depression, post traumatic stress disorder, and social isolation can often be as damaging as being physically injured. Pictures of you smiling and laughing with friends could be construed as proof that you are not suffering emotionally. No matter how unfair this may be, do not post any photographs while you are involved in a personal injury claim.

The defense may also use something as innocuous as posts wishing you a happy birthday, and argue that you couldn’t possibly be isolated with so many friends. While it may seem to be reaching, the defense’s job is to reduce or eliminate the claim for which they are liable, and they will work to do so from every possible angle.

Do Not Post Any Details Regarding Your Accident, Injury, or Claim

It’s essential that you protect yourself by not posting any information about an accident, regardless of your involvement. This includes details about the accident, your injuries, others’ injuries, witnesses, and anyone or anything else related to the incident.

Ideally, social media is something you should not use at all during a personal injury case. If you decide to not close your social media accounts, be cautious about what you post online. Remove personal information like your birth date from your profile. Set your social media accounts to private during your case. Ask loved ones not to tag or mention you in their posts. Refrain from posting any photographs while your claim is being litigated.

If you are thinking of pursuing a personal injury claim, our skilled attorneys can advise you on the best practices for social media use and help you get the compensation you deserve. Contact us at Gold, Albanese & Barletti, LLC for more information or to discuss your case.

Sustaining a personal injury on someone’s property

Whether it’s a home, business, or a public place, property owners are responsible for safely maintaining their property. This means the owner has an obligation to repair or adequately warn the visitors of dangerous conditions on the property. If you have sustained a personal injury on someone’s property, you may wonder what to do next.

What Should I do if I am Injured While on Someone Else’s Property?

First and foremost, seek medical care. It is essential to seek medical care immediately, as the severity of injuries is not always apparent when an accident occurs.

What to do

• Take photographs. Pictures tell a thousand words, and can provide tangible proof of dangerous conditions.
• Ask for names and contact information of anyone who may have witnessed your injury or has knowledge of the dangerous condition. Make sure you also get the property owner’s name and information if he is she is not present.
• If available, get a copy of the incident report. If you suffer a personal injury at a business, a store manager may create an incident report. Make sure you get a copy of the incident report before you leave, but do not sign anything.
• Know the statute of limitations for your state. It is essential to be aware of the statues of limitations that apply in your state (the specified time frame in which you must file for your claim to be valid). An experienced personal injury attorney who knows the laws of your state can ensure that your claim is filed promptly.

What Not to Do

• Avoid providing any statements to the premises owner, witnesses or insurance company.
• Do not say anything that could indicate fault on your part.
• Typically, after an accident a claims adjuster will contact you to get more information about your injuries. The job of most insurance adjusters is to persuade you to settle the claim immediately. Do not give a statement or sign anything without speaking to your attorney.

What do I need to prove a personal injury case?

Depending on the details of your case, you may be eligible to receive reimbursement for your medical bills, lost wages, and payment for damages you have suffered due to your injury.

Make sure to provide the following so it is easier to prove your case:

• Photographs of the dangerous or hazardous condition
• Names and contact information from anyone that may have witnessed the incident
• Evidence such as the shoes and clothes you were wearing when the incident occurred. Items should be secured without being washed or altered in any way
• Proof of lost wages from your employer
• Copies of the incident report
• Proof of injuries, damages, and medical treatment from the healthcare professionals who treated your injuries. Keep all bills and receipts of any out-of-pocket expenses you may incur as a result of the incident

Whether you need help with settlement negotiations or taking your case to trial, enlisting the counsel of knowledgeable personal injury lawyers can make a vital difference.

Contact us at Gold, Albanese & Barletti, LLC for more information or to discuss your case.

Quite simply, wrongful death is when someone’s death is due to the fault of another person or organization, whether the wrongful party acted maliciously with an intent to harm or negligently. While the technical definition of ‘wrongful death’ may be straightforward, the process of initiating a wrongful death lawsuit is usually anything but. Because of the complicated, emotional nature of these types of lawsuits, it’s advised to procure an attorney for legal representation.

Who Is Qualified To Initiate A Wrongful Death Lawsuit?

The plaintiff in a wrongful death lawsuit must be the personal representative of the decedent’s estate. This person is generally an immediately family member, such as a husband or wife, child or parent. However, some states may allow additional parties to act as personal representative, including domestic/life partners, financial dependents, siblings, grandparents and anyone else who can prove that they’re suffering financially due to the loss of the decedent.

Who Can Be Sued In A Wrongful Death Lawsuit?

Because wrongful death situations and scenarios are so varied – from vehicular accidents to medical malpractice to product liability to occupational exposure to hazardous substances – the types of people and organizations who can be sued are just as varied. At the receiving end of a lawsuit, you may find a singular individual, a company or an entire government agency – depending on who was at fault and acted with misconduct. In a criminal case of homicide, the murderer would be sued, but if a death was caused due to a faulty bridge, perhaps the bridge’s builder or the government official whose responsibility it was to check and maintain the bridge would be sued.

What Types Of Damages Are Awarded In Wrongful Death Lawsuits?

Generally, wrongful death lawsuits result in large damage awards. The majority of damages are economic – or financial – meaning that they’re awarded to cover the decedent’s medical and funeral expenses connected to his or her death, as well as the loss of the decedent’s expected earnings. Non-economic damages may also be awarded, although these are more difficult to put a specific monetary value on, since they deal with less-tangible compensatory measures, such as mental anguish, emotional suffering, loss of companionship, etc.

In most cases, a wrongful death lawsuit must be filed within 2 years of the negligence that caused the victim’s death. If you’re in the initial stages of bringing a wrongful death lawsuit and it falls within the required filing timeframe, contact Gold, Albanese & Barletti, L.L.C to talk with one of our highly experienced and sympathetic wrongful death attorneys.