Steps You Should Take Following a NJ Car Accident

What do I do after a Morris or Sussex County Car Accident?

Personal Injury and Auto Accident Attorneys Serving North Jersey Clients with Offices in Morristown and Newton NJ

What do I do after a Morris or Sussex County Car Accident?Car accidents are all too common nowadays with the increase in people owning their own car. As a result, New Jersey roadways now average over 50,000 car crashes per year. Therefore, whether involved in a multi-vehicle accident, bus accident, or any type of motor vehicle accident it is important to know what critical steps you should take. Above all, your own health in these situations should be considered as the most important factor when considering what to do next.

For some people, a car accident can be a very disturbing event where it can be difficult to know what to do in that specific moment, you may block important facts such as the rights you have and eventually how to reach a settlement if in fact you or someone involved has suffered an injury. Those moments are crucial and you need the legal advice of an experienced injury attorney. Call the Law Offices of Michael P. Burakoff at (973) 520-0525 and we will walk you through the complicated legal process and provide the counsel you need to make educated decisions for you and your family.

Steps to follow if you are part of a Car Accident

Important steps to follow;

  • As mentioned previously you should first concentrate on your own health. If this means a trip to the hospital, then it is important that you do so
  • Take note of any witnesses so you can check any information at a later date that may be beneficial to the police
  • If you do not need medical treatment, stay where you are until a police officer tells you that you can go. This is particularly significant if anybody was injured at the time of the accident
  • If you leave your car before first, check if any other parties are injured
  • Evaluate any visible damage to the vehicles and make sure you take photos of any damage

When talking to the police after an accident, they will ask you to identify yourself and provide a form of identification. This could be your driving license or any other documents that you might have on your person. At this time you should also provide your insurance details for the vehicle along with the number plate.

What are your rights when talking to a Police Officer?

If the police officer is questioning you about an action that could result in criminal charges then you have the right to remain silent and ask for an attorney. Such charges could include driving under the influence or possession of illegal drugs. However, It important to be patient and cooperate with the police officer in order to prevent the situation worsening.

If the police officer thinks that you violated New Jersey’s traffic laws, then they might issue you a ticket. Once the traffic citation is given, you must sign it and accept it. This, however, is not a formal acceptance of guilt, but a simple agreement that you will attend a court hearing regarding the citation. When attending the court date you may plead not guilty and request a trial. You can also try to negotiate some sort of deal with the prosecutor that may include attending a driver awareness course or paying a fine. Following this, the citation can then be waived and in some cases, taken off your driving record.

How to Report a Car Accident in New Jersey

Following the event of a car accident in New Jersey, you usually have 10 days to file a written accident report. If the crash resulted in death or injury, and/or damage to property (more than $500) you need to file a report to the local authorities. If there was no police officer at the scene then you must report to the nearest office of the county police. Alternatively, you can report to the New Jersey State Police via telephone.

If the driver involved is not able to file a written report and there was another passenger in the vehicle at the time of the accident, then that passenger should do so on behalf of the driver. The legal owner of the vehicle involved in the accident can also file the written report on behalf of the driver.

In order to file a written car crash report with the New Jersey MVC, you, your insurance provider, the vehicle owner or legal representative must draft the written report and submit it as a letter to the MVC. In the report, you need to provide as much information as possible including at least:

  • The conditions then existing at the accident,
  • The parties and vehicles involved in the accident and their insurance details
  • The cause(s) of the accident

However, it is important to note exceptions to filing a report. For example, if a police officer has already submitted a written report, then one does not need to be sent to the local law enforcement authorities or the MVC. Make sure you check that this has been sent before deciding not to file a written report.

Failing to File a Report after a NJ Auto Accident

Failing to report the accident may result in you being charged in accordance with the New Jersey Traffic Law 39:4-130. Under this section, you could be fined anywhere from $30 to $100, in addition to the suspension or loss of your driving license. Even if you immediately report the accident via telephone, you may be still found guilty of failing to report an accident in New Jersey if you do not provide the written report. However, if you did not flee the scene of the accident, it may be possible to keep your license from suspension if you are represented by a committed and knowledgeable attorney.

Morristown, Newton or West New York Car Accident Attorneys

If you were injured in an auto accident, contact the Law Offices of Michael P. Burakoff. We can answer any questions and provide the counsel required to protect your rights. Contact us today at either of our convenient locations in Morristown and Newton, New Jersey. Call us at (973) 520-0525 for a free consultation.

Child Injuries in Morris County Motor Vehicle Accidents

Committed Personal Injury Attorney Serving Clients Across Morris and Sussex County with Offices in Morristown and Newton NJ

Child Injuries in Morris County Motor Vehicle AccidentsAccording to the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the number one cause of death and injury in children is motor vehicle accidents. For this reason, every state has safety laws designed to safeguard the lives and health of children that far exceed those for adults. In the State of New Jersey, children under 80 pounds or under 8 years old are required to ride in a child seat. It has been proven that using a child safety seat greatly reduces the risk of death and protects children from injuries in the event of a crash. It is the responsibility of parents and caregivers to ensure that children are in a child safety seat whenever they ride in a car.

According to recent statistics published by the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), more than one-third of all children under 13 years old who died in passenger vehicle crashes were not in car seats or not wearing seatbelts.  In fact, on average two children are killed and 338 are injured every day while riding in motor vehicles. Statistics show that the larger the vehicle, the more likely it is that a child who was killed was not wearing a seatbelt or was not in a car seat.

After an accident, the options to get fair compensation are limited and accessible for the ones that know the how-to of the legal process. At the Law Offices of Michael P. Burakoff, we treat every case like it’s our only case, and strive to achieve a result that will provide financial security to cover all injured-related expenses for you or children involved. Call us (973) 520-052 and ensure your rights are protected and you have a plan for the future after suffering an accident.

Proper Child Safety in Motor Vehicles Saves Lives

According to estimates by the NHTSA approximately 10,000 lives were saved by child restraints from 1975 through 2011. With this in mind they offer the following tips for keeping children safe on New Jersey roads:

  • Be sure the child seat is suitable for your child’s age and size
  • Always set a good example by always wearing your seatbelt
  • Visit SaferCar.gov to determine if your child is in the correct type of seat. You can also register your car seat on the same site to be notified of any recalls
  • You should have the child seat checked by a Certified Child Passenger Safety Technician approved by the NHTSA
  • Always carefully read the instructions and labels that come with your child’s car seat
  • You should consult your vehicle owner’s manual for information about installing the seat properly in your vehicle
  • Always use the Lower Anchors and Tethers for Children (LATCH) restraint system or seatbelt to install the car seat and use the top tether for securing forward-facing car seats

Sadly, despite all precautions, it is not possible to always protect their children from harm. Constant threats such as distracted, aggressive and intoxicated drivers are always present on our New Jersey’s roadways.

What to do in the event of an accident

There are few things scarier than being in a motor vehicle accident where children are involved.  If it happens here is what you must do:

  1. Stop the car as soon as possible
  2. Turn off the engine
  3. Switch the hazard lights on
  4. Try to remain as calm as possible (children panic when adults panic)
  5. Check for any injuries to yourself or your passengers (for children this may include physically checking them for injuries and not just asking if they are alright)
  6. Call the police and an ambulance immediately if anyone is hurt or if the road is blocked

If there are any injuries or damages it is recommended that you contact an experienced motor vehicle accident and personal injury attorney as soon as possible no matter who is at fault. Protecting yourself and your children does not end with proper safety precautions. It also extends to protecting yourself and your interest after an accident happens.  An experienced attorney can guide you through what comes next.

Contact a Morris and Sussex County Motor Vehicles and Child Safety Attorney

Personal injury attorney Michael Burakoff will be able to be your advisor and answer all of your car accident questions. He will help you to organize your claim and negotiate a fair compensation amount on your family’s behalf. In the event of a car accident, contact us online or by phone, (973) 520-052 to schedule an initial consultation.

Workplace Accidents Attorneys Morristown NJ

Workplace Accidents Attorneys East Hannover

Representing Injured Workers in Morris County, Sussex County, Netcong, Dover, Denville, Parsippany, and across Northern New Jersey

The United States Bureau of Labor Statistics reported that 17 percent of all deaths on business construction worksites were related to falls, according to 2017 statistics. Of the 5,147 worker fatalities in the study, 887 (17 percent) of them were directly related to construction. The Bureau further noted that this statistic is the highest in the 26-year history of accounting falls by the Census of Fatal Occupational Injuries (CFOI).

Fatal falls are only one of the six leading causes of death on construction sites. The Bureau identified the following six types of construction as the most lethal:

  • transportation accidents,
  • death from a fall,
  • workplace violence,
  • being hit by an object, and
  • exposure to harmful elements

The study revealed that 47 percent of worker deaths on construction sites relate to transportation and the movement of objects, with truck drivers and tractor-trailer truck drivers constituting the largest number of deaths in occupational injuries with 840, another record-high number since the beginning of reporting of this type in 2003.

Improved Safety Features Can Save Lives Across Sussex County

In a 2011 study, The Bureau of Labor Statistics noted that 410 lives could be saved each year if company efforts were made to improve safety features.

If you are employed in construction, ensure that all equipment is revised and in working order before starting a job. Always choose safety by approaching management with any safety concerns you may have.

“The Fatal Four” Types of Construction Accidents

The well-known “Fatal Four” types of accidents on construction sites – falls, electrocutions, being hit by an object, and being crushed – are easily avoidable with intentional prevention procedures.

For example, Health Day, a news site for health awareness, reported on the necessity of inspecting and properly securing scaffolds and ladders to prevent instances of falling, getting struck by objects, and getting crushed.

Building Safety Routines Reduces the Chance of Victims of Workplace Injuries

Building safety routines into the day-to-day can also greatly reduce the risk of falling victim to the fatal four accidents. Such practices as turning off power as step one before engaging a location; always wearing a hard hat, thick rubber gloves, and sturdy boots; and avoiding certain areas of work during inclement weather all support a safe work environment.

Clean Up Routines and Consciousness on Job Sites Prevent Injury

Furthermore, cleanup routines and consciousness are an essential component of construction work-site safety. When routines are in place that leaves a site clean and allows workers to look to the job ahead, accidents are prevented on a large scale.

Organized Work Environments Helps Workers Avoid Injury

In the same way, operating in an organized environment helps worker efficiency, focus, communication, and most of all, safety.

Such routines as workplace setup, cleanup, and organization can be established during staff training, which also provides an opportunity to receive specific support based on workplace injury data. The Occupational Safety and Health Administration, a regulatory body for workplace safety, has a rule for digital reporting that makes this process easy, as companies can align their data with that of nationwide environmental, health, and safety standards. By tracking employees’ scores in these areas, companies can provide additional training and support to limit preventable workplace accidents.

Transparency and Open Communication Saves Workers From Serious Injury

Transparency and open communication between employers and employees is key to cultivating a safe work environment, and an orientation toward continued professional development fosters safety in all areas. Talk to your employer today if there’s an area in which you think the team would benefit from additional training or information regarding safety in the workplace.

Our Injury and Accident Attorneys provide the counsel you need to protect your rights, Call Today

If you or someone you know has been injured in a workplace accident, it is critical that you get in touch with a skilled and experienced personal injury and worker’s compensation attorney. Delays can mean lost wages as well as mounting medical costs.

No matter the nature of your situation, The Law Offices of Michael P. Burakoff is prepared to help you and will provide the representation you deserve. Being involved in a workplace accident can leave you unable to go back to work, or even your daily routine, resulting in significant emotional distress.

If unfortunately, you or a loved one has been injured in a workplace because of the negligence of another person or business, you don’t have to face your situation alone. Contact our firm by calling (973) 520-0525 or accessing our website for the attention and assistance you need.

Punitive Award Attorney Morris and Sussex County NJ

Personal Injury Attorney Representing Clients across Denville, Newton, Parsippany, Dover, Rockaway, Hopatcong, Mt. Olive, Netcong, Morris County, and Sussex County

Punitive Award Attorney Morris and Sussex County NJIn any personal injury case in New Jersey or across the United States punitive damages and whether should be awarded is always hotly debated. Cases with high punitive awards are often well-publicized, and people who have seriously injured often want to know if their claims qualify for a significant punitive award. Understanding the situations and criteria that lead to high punitive awards is critical to understanding if your personal injury case qualifies.

At The Law Offices of Michael P. Burakoff our team of legal professionals will work hard side by side with you to provide you with the knowledge you need to successfully face your case. We understand New Jersey state regulations regarding punitive damages award-able in personal injury and medical malpractice lawsuits. For a free consultation call at (973) 520-0525. or contact us online, to discuss your case in detail and review your options as it relates to a punitive damages recovery.

Necessary Criteria for Large Punitive Awards

In truth, strict legal requirements make it difficult for most plaintiffs to receive such awards. For a court to award a high punitive award a case must meet the following three primary criteria:

  • The injury was clearly and probably caused by the defendant’s direct actions or omissions. The forensic reconstruction of the event must undeniably demonstrate that the defendant was responsible for the event or series of events that caused the grave injury.
  • The event caused actual injuries with long-term effects. The injury has to be shown to have caused the victim to incur specific costs, including medical expenses, loss of income as well as pain and suffering.
  • The accused demonstrated malice or wanton disregard toward the injured party. There must be provable recklessness or intent involved in the management or execution of a service or the manufacturing or distribution of a defective product.

Receiving a significant punitive award is intentionally made to be an uphill battle by the courts, and the burden of proof usually lies with the victim to prove that such an award is warranted. An attorney with experience with receiving large punitive awards for their clients is a must if you seek to pursue this type of personal injury claim. It is highly recommended to contact an attorney as soon as possible after an accident occurs as evidence is more likely to be retrievable, and the likelihood of winning a substantial award is greater.

Examples and Rationale for Large Punitive Awards

Occasionally, juries in a personal injury case award a plaintiff punitive damages that represent more than the costs of the plaintiff’s injuries for the purpose of punishing a defendant and sending a message to others in the industry. Here are some examples:

In this workplace accident case, an accident left an employee quadriplegic after he was crushed by the forklift he was operating. The court ultimately approved a $33.9 million settlement as a warning to other employers to improve workplace safety.

An Irvington high-school student was left paralyzed after a beating at school won a $16.3 million verdict from an Essex County jury after the family was able to prove that the school district was negligent. This was done to drive other school districts to improve student safety.

In this Passaic County personal injury case a disabled boy who was struck by a baseball that had been hit with a metal bat sued the manufacturer of the bat, Little League Baseball, and a sporting goods chain. A $14.5 million settlement was awarded with the intention of improving sports equipment safety for children.

In each of these cases, there is a greater good that is served by the punitive award. In most cases, they serve to put organizations or industries on notice about the standards of behavior that the public expects and demands of them. In effect, they serve as a warning to others in the industry or in similar organizations that may be engaging in similar behaviors.

Contact a Morris and Sussex County Personal Injury Lawyer for a Free Consultation

It is important to remember that your case will be fought tooth and nail and given that organizations that have the ability to make large punitive payouts usually have large amounts of money for legal defense. For this reason, your choice of attorney will be critical to the success of your case.

Michael P. Burakoff has been successfully helping individuals and companies overcome challenging legal matters for almost thirty (30) years.  Whether helping injured victims or defending his clients from claims, the Law Office Michael P. Burakoff has the same goal: to help our clients find satisfying and effective solutions for their legal matters.

If you suffered an accident, and consider your case deserves specialized attention, don´t hesitate to contact The Law Office Michael P. Burakoff, to schedule a free and confidential consultation regarding your case at (973) 520-0525, or contact us online. Our offices are conveniently located in Morristown and Newton, covering both Morris and Sussex Counties, and we are also willing and able to come to you if you are unable to travel do to your injuries. Let us help you protect your rights today.

Morristown Auto Accident Attorney Discusses the Risks of Drowsy Driving

Serious Injury Attorney Serving Clients Across Morris and Sussex County with Offices Conveniently Located in Morristown and Newton NJ

Morristown Auto Accident Attorney Discusses the Risks of Drowsy DrivingFalling asleep while driving is very dangerous and is a major cause of car accidents in the United States. Despite drowsy driving being very common, researchers have had a difficult time figuring out who is most at risk for falling asleep behind the wheel. Until now.

Although a better understanding of the individuals at risk and the factors that increase risk can be powerful tools and help to effect change in and try to avoid these tragedies within our society, we still see people come into our office regulary having injured themselves or been the victim of a single car or multi car cTo speak with Attorney Burakoff or a member of our qualified legal team today in a free and confidential consultation regarding your recent motor vehicle accident caused by a distracted driver, please contact us online or through our Newtown or Morristown offices by dialing (973) 520-052erious crashes per year,” said corresponding study author Michael Grandner, PhD, instructor in Psychiatry and member of the Center for Sleep and Circadian Neurobiology. “We already know that people who are sleep deprived in the laboratory have impaired driving performance, but we haven’t been able to better define what sleep profiles and patterns put drivers in the general population at the highest risk.”

The researchers said getting one extra hour of sleep can make all the difference. Individuals who get six hours of sleep or less on average have double the risk of driving drowsy compared to people who get seven hours of sleep on average. Worse, people who only get five hours of sleep or less at night are four times as likely to drive drowsy, according to the study.

Tired Drivers Can Cause Accidents Even if they Feel Rested

The study also found that people who get less sleep, meaning less than five and six hours of sleep, still reported getting enough sleep and feeling rested in the morning. However, the researchers found that these drivers are three times more likely to drive drowsy within a given month compared to people who get more sleep.

The finding that some people who feel well-rested still have a higher risk of falling asleep behind the wheel is very disturbing as it is up to drivers to know when they can safely operate a vehicle. People who don’t get enough sleep at night but still feel like they do may be putting everyone’s life at risk when they get behind the wheel without even knowing.

Signs and Symptoms of Drowsy Driving

All drivers should be aware of the signs and symptoms of drowsy driving, and understand that if they don’t get an average of seven hours or more of sleep they have a higher risk of falling asleep behind the wheel. Knowing this can help people take steps to reduce their risk of being in an accident caused by drowsy driving.

Education and Accountability Can Help Reduce the Risk of Motor vehicle Accidents on New Jersey Road Ways

Concerned that you might be endangering yourself and the other drivers on the road due to sleep deprivation? Keep in mind the following, very telling signs that pulling over is the best option:

  • Difficulty focusing, frequent blinking, or heavy eyelids.
  • Daydreaming; wandering/disconnected thoughts.
  • Trouble remembering the last few miles driven; missing exits or traffic signs.
  • Yawning repeatedly or rubbing your eyes.
  • Trouble keeping your head up.

Contact a Morris and Sussex County Auto Accident and Catastrophic Injury Attorney Today

Personal injury attorney Michael Burakoff has been practicing law since 1976 in local New Jersey communities including Morristown, Netcong, Roxbury, Newton, Hopatcong, Rockaway, Parsippany, and all of Sussex and Morris Counties. Over the past four plus decades, Attorney Burakoff has cultivated a stellar reputation through client referrals and case results which speak for themselves. Our firm believes that seeking the financial compensation to secure your financial future is only part of the puzzle. We take pride in offering dynamic and personalized legal counsel to fit the unique needs of all our personal injury clients. Please call us at (973)520-0525 to schedule an appointment or visit our website to fill out an online form.

Untreated Traumatic Brain Injury Lawyers Morristown NJ

Morris and Sussex County Personal Injury Lawyer serving clients suffering from TBI’s with offices in Morristown and Newton, NJ

Untreated Traumatic Brain Injury Lawyers Morristown NJ

Despite all of our modern advances in medicine, the brain remains  mysterious and often a misunderstood organ. The effects of damage to this vital and delicate organ can vary from person to person greatly. TBI, a traumatic brain injury, is always a severe condition that can have life-altering consequences. However, due to how complex the brain is, persons who suffer traumatic brain injuries may not realize the extent of the damage right away. This effect can cause the condition and symptoms to go unrecognized and untreated.

Traumatic brain injuries can result when a person sustains a forceful blow to the head or a strong whiplash effect. Contrary to popular belief, it may not always come with the loss of consciousness. TBI can result from many reasons including motor vehicle accidents, as a result of a slip and fall, because of a sports injury or many other reasons.

Symptoms of Traumatic Brain Injury

Though not every concussion results in a traumatic brain injury, the following symptoms may be an indication of severe damage if they persist:

  • Headaches
  • Memory loss
  • Nausea
  • Confusion
  • Difficulty concentrating
  • Blurry vision
  • Increased sensitivity to sound and light
  • Numbness or weakness in the arms or legs
  • Processing delays
  • Depression
  • Changes in behavior and emotional imbalance

Early Diagnosis of Traumatic Brain Injury Can Save Lives

According to the Mayo Clinic, it is critical to seek medical care immediately if you have any signs of a severe head injury. Emergency care for moderate to severe traumatic brain injuries usually focuses on making sure the person has sufficient oxygen and adequate blood supply, maintaining blood pressure, and preventing any further harm to the head or neck area.

People who have suffered severe brain injuries may also have other injuries that need to be addressed. Further treatments in the emergency room or intensive care unit of a hospital should focus on minimizing secondary damage due to inflammation, bleeding or reduced oxygen supply to the brain.

Assessing a Head Injury to Determine a Person’s Condition

To render adequate medical care, healthcare immediately after an injury, several crucial questions will need to be answered to aid in assessing the injured person’s condition. These will include:

  • How did the damage occur?
  • Did the person lose consciousness?
  • How long was the person unconscious?
  • Did you observe any other changes in alertness, speaking, coordination or other signs of injury?
  • Where was the head or other parts of the body struck?
  • Information about the force of the injury. Such as, what hit the person’s head, how far did he or she fall, or was the person thrown from a vehicle?
  • Was the person’s body whipped around or severely jarred?

Examination Methods to Identify Brain Injuries

Any comprehensive examination of possible brain damage should include imaging tests such as a Computerized Tomography (CT) scan or a Magnetic Resonance Imaging (MRI).  A CT scan can quickly visualize fractures and uncover evidence of bleeding in the brain, blood clots, bruised brain tissue, as well as brain tissue swelling; while an MRI uses radio waves and magnets to create a detailed view of the brain and reveal any hidden damage.

Left untreated, any of the symptoms mentioned above can lead to life-long disability and even death. Thus early detection and diagnosis is a must.

Brain Injury Prevention Methods

Preventative measures are also advisable such as wearing your seat-belt when riding in the car, and wearing a helmet when riding a bicycle or motorcycle. For those participating in sporting activities, it is also essential to wear and use the appropriate protective gear. However, preventative measures are by no means a guarantee of safety as many TBI are caused by slips and falls and other unforeseen and utterly unpredictable event.

Contact a Newton Injury Lawyer Today to Protect Your Rights

If you suspect that you or someone you know may have a brain injury that has not been diagnosed it is of the utmost importance that you seek medical care as soon as possible. The next step should be to contact a qualified accident and injury lawyer to assess your situation and provide counsel regarding your rights and help guide you on how to proceed.

At The Law Offices of Michael P. Burakoff, we have four decades of legal experience helping the victims of catastrophic injuries in local Morris County and Sussex County towns such as Dover, Netcong, East Hanover, Mt. Olive, and Roxbury. For a free and confidential consultation regarding your accident, your resulting brain injury, and your potential for compensation through a personal injury claim, please give us a call through our Newton office or through our Morristown office today.

Morristown Medical Malpractice Lawyers Determine Viability of a Claim

Serving Medical Malpractice Victims and Their Families Across Morris and Sussex County

 Morristown Medical Malpractice Lawyers Determine Viability of a Claim

There is often confusion surrounding what medical malpractice is and what constitutes a circumstance that would warrant making a medical malpractice claim. Many people make the mistake of assuming that if they are to undergo a medical procedure, or have to undergo an emergency surgery, and the result is less than ideal then the fault lies on the doctor, hospital or other medical staff. We place a lot of trust in healthcare professionals, and that trust should be met with a rigid set of policies and behaviors that doctors should adhere to. It is important to remember that some medical circumstances are not curable, and that the body is not a machine; it does not give us any guarantees. Medical doctors are highly trained and educated professionals, however they are not magicians.

Identifying Negligence and Determining Liability

With that being said there are particular circumstances where the doctor, hospital or other medical staff can be held liable for injuries caused while a patient is under their care. Medical malpractice is legally defined as a deviation from the standard of care that causes harm or when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. This negligence may be the result of errors in diagnosis, treatment, and aftercare or health management.

At The Law Offices of Michael P. Burakoff, P.A., we have more than 25 years experience representing malpractice victims throughout New Jersey. That experience helps us recover full and fair compensation for our clients who have been the unfortunate victims of medical errors and malpractice in towns across Morris County and Sussex County, including Newton, Netcong, Dover, Denville, and Morristown. Please call us to know about your case and offer you our legal advice by calling (973)520-0525.

What Makes A Valid Medical Malpractice Claim in Sussex County NJ?

Doctors in some states are more likely to face a malpractice lawsuit than their equals in other states. According to data released by the National Practitioner Data Bank New Jersey ranks 7 in the nation. According to recent statistics, in New Jersey, the rate of malpractice suits per 100,000 residents is about 30.4% resulting in a total payout of $256.3 million, with a 4.59% increase from previous years.

Any valid medical malpractice claim must have the following characteristics:

A deviation from the standard of care

Medical standards that are recognized by profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances is known as the standard of care. Every patient has the legal right to expect that health care professionals will deliver care that is consistent with these standards. Negligence can be established if these standards of care have not been met.

The injury was caused by negligence

It is not sufficient that a health care professional simply violated the standard of care for a medical malpractice claim to be valid. It is also necessary to prove that an injury was suffered that would not have occurred in the absence of negligence.

The injury resulted in damages

It must be proven that significant damages resulted from a wound received due to medical negligence. To present a strong medical malpractice claim, it must be shown that the injury resulted in disability, loss of income, unusual pain, suffering or significant past and future medical bills.

Common Misconceptions About New Jersey Medical Malpractice Claims

Medical malpractice claims are often used as the scapegoat for many of our problems within the healthcare system. It is commonly believed that there are too many malpractice cases and that these malpractice cases are the cause of higher premiums and an alleged doctor shortage. This could not be further from the truth. These myths include the following assertions:

There are too many frivolous medical malpractice lawsuits.

A report by the American Association for Justice shows that in reality only 1 in 8 victims of medical malpractice file suit.

Medical malpractice lawsuits drive up healthcare costs.

This belief traces its origins to a 1980s, and early 1990s debunked study. Fact is, the total cost of defending against medical malpractice claims and the paying of settlements and verdicts comprises only 0.3 percent of healthcare spending according to the above mentioned study.

Doctors are leaving the profession in droves.

The reality is that being a doctor is still a very lucrative career and the number of doctors has been steadily increasing, even outpacing population growth.

Visit a Morristown and Newton Medical Malpractice and Hospital Negligence Attorney Today

When anyone is injured due to a doctor or hospital negligence, it is crucial that they receive the compensation they need and deserve. The effects and damages caused by medical mistakes can be life-altering and life-long. It is critical to have an experienced attorney at your side to fight for your rights and help you to get on the path toward being whole, or as whole as possible.

If you feel that you or someone you know may have a medical malpractice claim, it is critical to contact an experienced injury attorney. The Law Offices of Michael P. Burakoff, P.A. can become your best ally in the middle of your tough situation. Please call either our Morristown office or our Newton office today at (973)520-0525 or contact us online to discuss your individual needs, concerns, and the situation regarding any kind of medical malpractice in a free and confidential consultation.

 

Morris County Personal Injury Attorney Helps Maximize Your Settlement

Serving Accident victims across Hopatcong, Denville, Netcong, East Hanover, Florham Park, Morris County and Sussex County

New Jersey, as the most densely populated state in the country, traffic congestion and car accidents are seemingly unavoidable based on the statistics. Whether it’s people who tailgate, change lanes without turn signals, or ignore the speed limit, the likelihood of being in a motor vehicle accident is more often a matter of “when” not “if”, in the Garden State. Awareness about what to do in the event of an accident is key to protect the integrity of your claim and maximize the possible settlement amount that you or a loved one may be entitled to, including being made whole for lost income, medical expenses, pain and suffering and any personal injuries.

New Jersey vehicle accident laws can be complex, and dealing with insurance companies can be overwhelming. There are countless intricacies in the law and even more circumstances where the accident or injury becomes a financial road block in your life. You may be hospitalized or unable to go back to work. Worse yet, you may still be in pain or experiencing moments of discomfort that make work and home-life unbearable. Some serious injuries have long-term or permanent effects, including pain, scarring, limited range of motion, or more severe disability. Having someone who can to protect your rights after a car accident, and help you secure your claim is critical.

At The Law Office of Michael P. Burakoff, we have extensive experience helping the victims, and their families, recover financial compensation through personal injury and wrongful death claims in towns across New Jersey, Morris County, and Sussex County, including Netcong, Dover, Denville, Roxbury, Parsippany, Hopatcong, Florham Park, East Hanover, Morristown, Morris Plains, Mt. Olive, and more.

Please, call our Morristown or Newton office today to discuss your unique needs, concerns, and situation regarding any kind of car accident injury with our legal team in a free and confidential consultation.

Personal Injury Checklist from Your Sussex County Accident Lawyer

File a Police Report

Have the police document the scene (e.g., road conditions and location details) and interview the drivers of the accident vehicles, passengers or witnesses. If for some reason the police fail to show, go to the station within 24 hours of the accident to file the report in person.

Document the Scene/Preserve the Evidence

Use your mobile phone to photograph the vehicles, the accident scene and property damage, weather conditions, skid marks, and injuries to yourself or passengers.

Exchange Information with the Other Driver

Name, address, phone number, driver’s license information, car registration, auto insurance, and license plate.

Do NOT Admit Fault for the Accident

Accepting responsibility prior to an accident report or an investigation could make processing your claim challenging. Surveillance footage, the police report, eye-witness statements, and photographic documentation of the accident scene, vehicles and surrounding area may better be able to identify the party at fault.

Strengthen Your Medical Records

Seek medical attention within 72 hours of the accident. Medical records are vital evidence in supporting your accident-related injuries. Seeking treatment immediately following an accident allows a medical professional to diagnose your injuries, link them to the accident, and prescribe the appropriate treatment. Delaying medical care from a doctor or chiropractor could cause insurance companies to doubt the seriousness of your injuries.

Do NOT Sign a Medical Authorization Release without your lawyer´s approval

This document allows an insurance company to access your medical history and in doing so, they might reduce or deny your claim due what they consider pre-existing injuries.

Document the Severity of Your Injuries

Severity of personal injuries can impact the value of one´s compensation significantly. Keeping a diary of all of your complaints and limitations on your physical activities will better demonstrate how the injuries have impacted daily life and whether the effects are temporary or permanent. Keep receipts of all prescriptions and medicines taken, as well as other purchases (e.g., wheel chair, canes, crutches, neck braces, etc). Common injuries resulting in lifelong pain and suffering, and frequently additional medical care include:

  • Brain injuries
  • Leg and arm injuries
  • Burns
  • Head, spinal cord, and neck injuries
  • Disfigurement, loss of limbs, or serious scarring
  • Loss of an unborn child

Limit Social Media Exposure

Insurance companies often hire private investigators to surveil those claiming severe medical injuries, so leading a very active and athletic social life on Instagram or Facebook would be counterproductive to one´s case.

Do NOT Be an Eager Beaver

It may takes months to settle a claim, but if you get an insufficient settlement offer, appropriate documentation should support your demand for fair compensation. It often takes a longer period of time for serious injuries to become evident or for treatment or surgery to provide the maximum benefit to the injured party. So never settle your claim before you need to.

Contact A Morristown Personal Injury Compensation Attorney Today

At The Law Offices of Michael P. Burakoff, our legal team has more than 35 years of experience helping clients to recover the compensation they need and deserve for car accident injuries in towns across New Jersey, Morris County, and Sussex County, including Parsippany, Newton, Dover, Netcong, Hopatcong, East Hanover, Denville, Mt. Olive, Morristown, and more.

Our firm is unique among personal injury law firms in that we focus on working closely not only with our clients, but their families as well. Attorney Michael Burakoff understands just how difficult it can be for families to undergo the stress and hardship that a serious injury can cause, and as such believes in taking every legal step necessary to protect injury victims’ rights, obtain compensation for economic injuries, and help their entire family to recover from the tragedy of a serious car accident.

To speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any kind of car accident injury or wrongful death, your options for making a successful personal injury claim and recovery, and how exactly we can help you to do so, please contact us online, or through either our Morristown or Newton office at (973) 520-0525.

Morristown Injury Lawyers Share Bicycle Safety Tips

Bicycle Safety Tips Everyone Should Know

The spring and summer months are fast approaching. This means that many will be enjoying the freedom and independence that riding a bicycle can give you, especially around town and down by Morristown Square. However, before you or your children hit the roads of New Jersey it is important to remember that bicycle accidents do happen and there are cyclist who suffer avoidable catastrophic injuries every year. In order to keep you and your loved ones safe, there are some important cycling tips you should know and remember.

The Law Offices of Michael P. Burakoff, want you and your family to enjoy safe cycling on New Jersey’s roads, however, if you or someone you know has been injured while cycling due to someone else’s negligence we are here to help. We have extensive experience recovering full and fair compensation for our clients of all ages who have suffered personal injuries while cycling due to third-party negligence in towns across Morris County and Sussex County. Call either our Morristown office or our Newton office today at (973) 520-0525 to discuss your individual needs, concerns and situation.

Tips for Safe Cycling On Morris and Sussex County Roads

Cycling is a fun and usually safe activity enjoyed by both children and adults. In order to keep it a safe activity, here are some simple tips recommended by the National Highway Traffic Safety Administration (NHTSA).

  • Inspect your Bike- Before riding any bicycle it is smart to make sure it is ready to ride. Inspect your bike to make sure all parts are working properly and are secure.  Also, it is important to inflate tires properly and check that your brakes work.
  • Adjust Your Bicycle to Fit- It is recommended that there should be 1 to 2 inches between you and the top tube (bar) if using a road bike and 3 to 4 inches if a using a mountain bicycle. Having a level seat is also recommended and the seat height should be adjusted to allow a slight bend at the knee when the leg is fully extended. In addition, the handlebar height should be placed at the same level as the seat.
  • Use all proper safety equipment- It is the law in New Jersey that all cyclist must wear a properly fitted bicycle helmet. Protecting your brain can save you from serious traumatic brain injury as well as save your life.

Once on the road, there are several things you must keep in mind.

The first line of road safety is being seen. Whether in the day, at dawn or dusk, in foul weather, or at night, it is important to be seen by others. Wearing neon, fluorescent, or other bright colors when riding day or night can help you to be more visible to a motorist as well as other cyclists. Furthermore, wearing something that reflects light, such as reflective tape or markings, or flashing lights can further increase your visibility to others.

Control of your bicycle is also an important factor in road safety. It is recommended to always ride with at least one hand on the handlebars. Any books or other items you may have in your possession should be safely stowed in a secure backpack or pouch that does not interfere with free movement.

Being acutely aware of your surroundings can help you avoid many accidents. Not only cars and other cyclist but watch for and avoid road hazards such as potholes, broken glass, gravel, puddles, leaves, and dogs. If riding with a friend or in a group, yell out and point to the hazard to alert other riders. Watch for left- or right-turning traffic and always be aware of parked cars. An unexpectedly opened door is an ever-present danger.

When riding it is important to be predictable. This means riding in a straight line and using hand signals to let drivers know your intentions. Furthermore, when turning left or right, you should always look behind you for a break in traffic, then signal before making the turn.

Obey the New Jersey Rules of the Road when Riding Your Bike

It is important to remember that bicycles are considered vehicles and cyclists have the same rights and the responsibilities to follow the rules of the road as motorists.

When riding you must always:

  • Go in the direction of traffic.
  • Follow all traffic laws, signs, signals and lane markings.
  • Yield to traffic when appropriate.

It is important to remember that children under 10 are not usually knowledgeable of traffic laws and are thus much safer riding at safe speed on the sidewalk.

Contact A Newton Personal Injury Attorney Today

Attorney Michael P. Burakoff knows the damage that third-party negligence can cause cyclist and their families if they are involved in an accident that results in damages or injuries. Our law office has decades of experience recovering full and fair compensation for our clients injured while cycling across New Jersey, Morris County, and Sussex County, including communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton.

If you or someone you know has been injured while cycling, please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding your options for making a successful financial recovery.  Contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

 

Injury Lawyers Help Engage With Insurance Companies in Auto Accidents from Morristown to Newton NJ

Understanding Insurance Company Tactics When it comes to Motor Vehicle Accidents

The State of New Jersey is a no-fault auto accident state, meaning that drivers have insurance to cover their own injuries and damage in the event of a motor vehicle accident rather than insurance being required to pay the other party. However, this does not mean that you cannot sue the insurance company of a negligent driver who causes personal injuries or property damage.

It is important to remember that insurance companies are for profit businesses and, although it is a big part of what they do and the product they provide, any money that they pay out goes against their bottom line. For this reason, some insurance companies have become very adept at getting people to accept a smaller payment than they deserve.

The Law Offices of Michael P. Burakoff has extensive experience dealing with insurance companies and recovering full and fair compensation for his clients who have suffered personal injuries in all types of motor vehicle accidents due to third-party negligence in towns across Morris County and Sussex County. Call either our Morristown office or our Newton office today at (973) 520-0525 to discuss your individual needs, concerns and situation.

Insurance Company Tactics Sussex County NJ Lawyers

There are several common tactics employed by insurance companies across New Jersey in order to pay as little as possible to victims injured in car accidents, motorcycle accidents and truck accidents.  On their surface and without full knowledge these offers may seem fair. However, in many cases the amount paid can be far below your actual needs especially in cases of catastrophic injuries that can cause permanent disability such as traumatic brain injury and spinal cord injury among others.

These tactics often include:

  • The offering of an upfront lump sum payment.  Because litigation sometimes takes months and even years, receiving funds immediately may seem to be the solution to any money problems you may currently have. The problem is that the amount you receive may be inadequate to meet your long-term needs. In many instances further injuries may become apparent later and accepting a lump sum settlement upfront may make it difficult, if not impossible, to gain the full and fair compensation you may need to make your life whole again.
  • Convincing you to accept some blame. Although this may happen in a seemingly casual conversation with an adjuster, the problem is that anything you say can be used by the insurance company against you and your rightful claim. It is recommended that you keep from discussing fault altogether.
  • The settling medical claims prematurely. Generally, property damage and medical liabilities in accidents are handled separately. The insurance company may offer to pay both together in an immediate payment. The problem is that your health may deteriorate later and you may need further treatment. Grouping both property and medical expenses together may make sense for the insurance company but will seldom be to your advantage.

Why Morris County Injury Lawyers Are Important to Help You Through the Claims Process

Though a motor vehicle accident, for many of us, is a rare event, but it is something that insurance companies deal with on a daily basis. They often know the stress you may be under physically, emotionally and financially can make you vulnerable. For this reason, you will need someone who can match their experience and has knowledge of the law to be your adviser and representative when dealing with the negotiation and litigation related to your case.  It is critical to have someone who knows what you deserve and will fight to make sure you get it.

Though large insurance companies may seem intimidating it is important to remember that you do not have to face them alone.

Contact A Denville Motor Vehicle Accident Attorney Today

Attorney Michael P. Burakoff has decades of experience recovering full and fair compensation for our clients injured in motor vehicle accidents across New Jersey, Morris County, and Sussex County, including communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton.

If you or someone you care about has been injured in a motor vehicle accident, please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding your options for making a financial recovery that is fair and just.  Contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

 

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