Child Injury Claims Due To Third Party Negligence

Child Injury Attorneys Morris County and Sussex County NJ

Personal Injury Attorney Serving North Jersey Clients with Offices in Morristown and Newton NJ

Child Injury Attorneys Morris County and Sussex County NJAs parents, we do everything within our power to keep our children safe. Understanding that a child’s mind is dominated by curiosity and a hunger for adventure, every good parent will do everything possible to make our homes a protected place for their child. For example, parents will take precaution and do things such as cooking on the back burner in order to avoid burns, mopping up spills on slick surfaces to avoid falls and installing outlet covers to avoid electrocution. However, many times these strict and careful safety concerns end at our front doors. Once your child steps outside into the world you can’t keep them totally safe.

Sadly, even when exercising the highest levels of caution and care children can still be injured in a car accident, while at school, visiting a friend’s house or virtually anywhere on public or private property. Because children do not yet have the knowledge and maturity to fully understand the consequences of their actions, they are not held responsible when they get hurt. It is the responsibility of every parent and adult to use extra caution when dealing with children even if they are not our own.

No one wants any children to suffer, whether it’s a dog bite, a bump on the head, the common cold, or a broken bone. Moreover, when a child is injured the cost of treating those injuries and caring for that child falls on the parents. The parents are well within their rights and parental obligations to seek compensation for the suffering of their child as well as the cost of any medical treatments if a third party’s negligence is responsible for their child’s injuries.

Traumatic Injuries Suffered by Children and their Causes

It is important that we show the same care and respect for the safety of other children as we do our own. According to the Centers for Disease Control and Prevention (CDC), the majority of childhood injuries can be prevented. The CDC reports that:

  • Traumatic injuries are the leading cause of death in children between 0 to 19 years old
  • Almost 9 million children ages 19 and younger are treated in America’s emergency rooms each year
  • Every year more than 9,000 children die as a direct result of injuries
  • Treating injuries is the leading cause of medical spending on children
  • The estimated cost of unintentional injuries in children in the U.S. is well over $11 billion a year

There are many causes of traumatic injuries in children. They vary as greatly as the many activities that children participate in. It is important to remember that though accidents are common, they are often preventable.

It is common for childhood injuries to be caused by:

As parents and adults, we should take special care and keep an extra close eye on children when they are:

  • Taking a bath
  • In or close to water (i.e. pools, beaches, lakes, rivers, creeks)
  • In proximity to driveways, sidewalks or roads
  • In the kitchen

Contact An Injury Attorney in Morristown and Newton NJ to Protect the Rights of Your Child and Your Family

If your child was injured in an auto accident, while swimming at someone else’s pool, attacked by a dog or if they were otherwise harmed by someone else’s negligence, it is your responsibility to do all you can to make sure they receive the treatment they need to be made well. These costs can quickly mount. As a result, you will also need to be sure that you receive the compensation you need and deserve to help to cover this cost.

If your child has been injured in any way due to someone else’s negligence it is recommended that you contact a qualified and skilled personal injury attorney as soon as possible in order to learn all of your legal options to seek fair compensation. To speak with one of our highly knowledgeable attorneys to discuss playground injuries to children in New Jersey, contact us today at (973) 520-0525 or you can contact us online.

Causes of Premises Liability Related Injuries in Morris and Sussex County

Premises Liability Attorneys Serving North Jersey Clients with Offices in Morristown and Newton NJ

Causes of Premises Liability Related Injuries in Morris and Sussex County

The New Jersey Landowner Liability Act states that an individual or business entity can be held liable for injuries from accidents that occur on land that they have control over and a duty of care. For this reason, the care and upkeep of your property should be one of your highest priorities. In the event that you are facing a personal injury lawsuit based on premises liability, it must be proven that there was knowledge of hazardous conditions and a failure or negligence in rectifying these hazardous conditions. Furthermore, it must be proven that this breach of care was the cause of the injuries that took place on the premises. In addition, the plaintiff must prove that this breach of care was the cause of their injury.

A higher standard of care is necessary for those invited or with a right to be on the property while a lower standard exists for someone who may be trespassing. It is important to note that in New Jersey premises liability extends to those who are trespassing.

What should I do if someone is injured on my property?

You must remember that, depending on your policy, homeowner’s insurance or property insurance may not automatically cover you when someone is injured on your property. However, if anyone is injured on your property you are obligated to address the injury and any possible insurance claim immediately. If present when the accident occurred, you should consider the extent of the injuries and determine if emergency care is required. You should also:

  • Get in contact with the police to allow both parties to make a statement
  • Take photos of both the injuries and of the area where the injury occurred
  • Try to collect any witness statements
  • Call your insurance agent to discuss the situation and details of your coverage

When it comes to any premises liability issue, whether you are the landowner or the injured party, it is best to be proactive. Contacting an experienced premises liability and personal injury attorney as soon as possible will help you to begin building your case.

Limiting the Risk of Injury and Liability on your Property

As a property owner or possessor, it is necessary to limit the risk of injury, in general, on your property. There are several habits that you should develop as a property owner that will help to greatly reduce your exposure to property liability and personal injury lawsuits.

These habits include:

  • Walking around your entire property regularly in order to look for and identify hazards.
  • Clean up any spills and repair any hazards immediately.
  • Make sure all outside lights are on at night.
  • When expecting guest, turn off any sprinklers and pick up loose items.
  • In the event of a spill, put up wet floor signs to warn people of wet areas.

Furthermore, there are several prudent investments that should be made in order to protect yourself and your guests. These include:

  • Installing fences around your entire property to keep unwanted people and pets out. This will go a long way toward helping to show a court that you cared to protect others in the event of any lawsuits
  • Installing cameras on your property in appropriate locations. They are not only great for preventing burglaries but the footage also makes for indisputable evidence in court cases
  • Installing sturdy handrails, banisters, and step-ups in places where it may be difficult to navigate
  • Posting clear terms and warnings for people on your property

Legal terms for the types of people who may be on a property

There exist different legal terms for different people who may get injured on your property. These terms are important as the status of the person who was injured on your property will be a key issue in any premises liability lawsuit.

Causes of Premises Liability Related Injuries in Morris and Sussex CountyThe categories are as follows:

Licensees

A licensee is probably the most common category of person who may be at your home. Licensees are people who you invited onto your property for social purposes. This includes family members, friend, party guests, romantic partners, neighbors, and other invitees.

Trespassers

Perhaps trespassers are the most contested and confusing types of people who you may be liable for on your property. These include uninvited strangers who may be passing through, thieves and others entering for criminal purposes as well as other uninvited people. It is important to note that New Jersey law states that property owners do not have any duty of care toward trespassers except to avoid willfully injuring them.

In the event that anyone, be they invited or uninvited, is injured on your property you should contact a skilled and experienced New Jersey premises liability attorney today.

Contact Premises Liability Lawsuits Attorneys serving in Morristown and Newton NJ

When it comes to any premises liability issue, whether you are the landowner or the injured party, it is best to be proactive. Contact Michael P. Burakoff, an experienced premises liability and personal injury attorney as soon as possible will help you to begin building your case.

Contact us today at either of his convenient locations in Morristown and Newton, New Jersey. Call us at (973) 520-0525 to schedule an initial consultation.

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.

What Should I Look For in a Personal Injury AttorneyThe American spirit of toughness and self-sufficiency has served us well as a country. We are taught from a young age to “walk it off” and continue when we are hurt and not to complain. However, when you are hurt in an auto accident, on the job, or as the result of a medical mistake, ‘walking it off’ so to speak is exactly what you should not do. The result can be expensive healthcare or even regular household bills that you have no idea how you can pay, especially if your injuries put you out of work. You may be unfairly treated by insurance companies, doctors, your employer, or others who should be trustworthy but are only looking out for their own best interests.

Morristown Personal Injury Lawyers Protect Your Future

If you have been injured due to the negligence of a third party in a motor vehicle accident, slip and fall accident, by a defective product or any of a myriad of reasons, it is recommended that you contact an experienced and skilled personal injury attorney. It would be to your benefit to do some research and find the attorney that will best represent your interest as well as the interest of you family.

The Law Offices of Michael P. Burakoff has extensive experience handling all manner of personal injury accidents, premises liability and product liability claims in Parsippany, Hopatcong, Mt. Olive, Andover, Newton, Morristown and other towns all over both Sussex and Morris County.  Speak with Michael Burakoff about how to protect both you and your family from potentially catastrophic financial consequences in the form of medical bills and loss income from work.  Contact us online, or through either our Morristown or Newton office at (973) 520-0525.

Qualities to look for in a Sussex County Injury Lawyer

When faced with any injury due to third party negligence, whether in the workplace or in public, you must ensure that you are adequately compensated for the injury. This compensation can make all the difference in your life going forward and to making your life whole again. It is essential to hire the best personal injury lawyer in order to get experienced and superb representation in court and to send a message to the insurance company that you are serious about your injury. Here are the qualities you should look for in your personal injury attorney:

  • Availability

It is best to find a lawyer who is readily available whenever you require their services. It is also critical that the lawyer have a strong and experienced support staff who are always available to update you as to the progress of your case.

  • Professionalism

It is important to search for a lawyer who carries out his/her duties with the highest professionalism. It is also essential that the lawyer handle his clients with compassion, empathy and understanding. The lawyer should have a clear passion for seeking the best outcome for the client in the court proceedings.

  • Accessibility

The best lawyer is easily approachable by the clients. The personal injury lawyer you select should offer a reliable and convenient means of communication with clients.

  • Sincerity

All lawyers should always be frank and sincere with their clients. The lawyer should keep the client informed about the prospects of the case, good and bad, thereby, helping you to avoid unnecessary anxiety going forward. The personal injury lawyer should always listen to their intuition and advise you on the best course of action. However, the lawyer should always offer clear and credible reasons for the advice that he issues and include your goals in planning the case.

  • Record of success

Reputation is important in the area of personal injury because the insurance company that is responsible for the case is continually weighing how far to go in their negotiations. Any personal injury law firm with a track record of success will often obtain stronger settlements because of past successes in this area. Likewise, the law firm will often have knowledge of the tactics of the insurance company involved and therefore be able to develop an effective strategy toward getting you the compensation you deserve.

Talk to a Morristown Personal Injury Attorney Today

Attorney Michael P. Burakoff has decades of experience recovering full and fair compensation for our personal injury clients in communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton and across Morris and Sussex County, NJ.

Our firm understands how precarious a family’s situation can become as medical expenses mount as the result of a personal injury, whether the injuries are physical or psychological. That’s why we focus on keeping our clients and their families informed and involved throughout the legal process as we work to secure them the compensation they both need and deserve to make your life whole again.

Please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any type personal injury to learn about your options for making a successful financial recovery.  Please contact us online, or call to schedule an appointment at one of our conveniently located offices in Newton or Morristown, NJ.

 

Aging Workforce Injuries in Morris and Sussex County Workplace Work-place

Work-place Dangers Faced By An Aging New Jersey WorkforceRecent studies have shown that there are more people than ever who are working at age 60 and older. Lack of retirement planning and shrinking social security benefits have obligated many to continue to work even into their golden years. Moreover, as the baby boomers grow older, so too does the U.S. workforce.

Thirty years ago the median age of the labor force was just 35 years. Today, the median age is estimated to be 41 years.  By 2030, 23 percent of the U.S. labor force is projected to be ages 55 and older, compared to just 13% in the year 2000 according to a study by the Population Reference Bureau. An aging workforce brings a higher percentage of work-related accidents and workers compensation as well as personal injury claims.

At The Law Offices of Michael P. Burakoff, we has extensive experience recovering full and fair compensation for our clients of all ages injured in all manner of work-related accidents in towns across Morris County and Sussex County, including Newton, Netcong, Dover, Denville, Parsippany, East Hanover, and Morristown. Please call either our Morristown office or our Newton office today at (973) 520-0525 to discuss your individual needs, concerns, and situation regarding any kind of work-related injury in a free and confidential consultation with our legal team.

Morris County Workers Face Increased Risk of Injury with Age

Although some professions can carry more risk of injury than others, aging workers are at an even greater risk of on the job injury. This is especially true in physical labor-focused jobs, such as construction work. However there are other risk such as repetitive motion injuries as well as heat related and stress related conditions. A recent study by National Institute of Health looked at the safety and health of these older workers in order to better understand the dangers they may face on the job.

According to the above mentioned study, in addition to older workers being more likely to be injured on the job than a younger worker, the injuries they sustain are usually more serious, and more likely to be fatal. Due to less robust health and longer recovery time, older workers can have much longer convalescent periods after an injury, leading to far more physical complications and longer lasting disabilities.

Common Dangers Caused by Negligence for Older Sussex County Workers

Some injuries may not only result from the dangers associated with a workplace. The negligence or recklessness of third parties such as contractors, equipment manufacturers and others, may lead to serious trauma for a worker.

Negligence on the part of construction companies, property owners and equipment manufacturers may all contribute to work-related injuries.  These often include:

  • Use of poorly designed or defective products
  • Slips and falls on unstable flooring
  • Repetitive Motion Injuries
  • Exposure to toxic materials commonly found at construction sites (including silica and asbestos)
  • Scaffolding and Ladder Collapses and Structural Failure
  • Use of faulty or defective equipment (such as heavy machinery such as forklifts, cranes, conveyor belts and hoists)
  • Motor vehicle use (including dump trucks, forklifts and tractors)
  • Electrocution
  • Falling debris
  • Hazardous Chemicals
  • Burns

In the event of any work-place injury it is important to contact a qualified personal injury and workers compensation attorney as soon as possible.

Contact An East Hanover Personal Injury & Workers’ Compensation Attorney Today

Attorney Michael P. Burakoff and our law office have decades of experience at recovering full and fair compensation for our clients facing work-related injuries across New Jersey, Morris County, and Sussex County, including communities such as East Hanover, Morristown, Parsippany, Denville, Dover, Netcong, Hopatcong, and Newton.

Our firm works closely not just with our clients, but their families as well. We have a complete understanding of how precarious a family’s situation can get as medical expenses mount and the injured party remains unable to work. That’s why we focus on keeping our clients and their families informed and involved throughout the legal process as we work to secure them the compensation they need and deserve to make their lives whole again.

Please speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any type of work-related injury and 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.

Construction Accidents for Older Workers Morris County NJ

Study Finds Greater Injuries in Construction Workplace Accidents Among Older Workers

According to recent studies there are more people than ever who are working at age 60 and older. This growing demographic is especially present within the construction industry. A 2010 survey found that the average construction worker was 41.5 years old; five years older than the average found in 1985, according to the Engineering News Record (ENR).

The Law Offices of Michael P. Burakoff, we has extensive experience recovering full and fair compensation for our clients of all ages injured in all manner of construction accidents in towns across Morris County and Sussex County, including Newton, Netcong, Dover, Denville, Parsippany, East Hanover, and Morristown. Please call our Morristown office or our Newton office today to discuss your individual needs, concerns, and situation regarding any kind of construction site injury in a free and confidential consultation with our legal team.

Sussex County Construction Workers : Danger Increases with Age

Though some professions can carry inherent risk, aging workers are at an even greater risk of injury. This is especially true in physical labor-focused jobs, such as construction work. The recent ENR study looked at the safety and health of these older workers in order to better understand the dangers they may face on the job.

According to the above mentioned study, while older workers are less likely to be injured on the job than a younger worker, the injuries they sustain are more serious when they do get hurt, and more likely to be fatal. Some 19 construction workers older than age 65 died during accidents in 2012 throughout the United States. Because of less robust health and longer recovery time, older workers can have much longer convalescent periods after an accident, leading to far more physical complications and longer lasting disabilities.

Negligence : Common Dangers for Older Construction Workers

Construction work is a field where injuries commonly occur. However, injuries may not only result from the dangers associated with a workplace. Unfortunately, the negligence or recklessness of contractors, equipment manufacturers, and other third parties may lead to serious trauma for a worker.

Construction accidents can result from many different causes. Negligence on the part of construction companies, property owners and equipment manufacturers may all contribute to construction site accidents.  These accidents often include:

  • Exposure to toxic materials commonly found at construction sites (including silica and asbestos)
  • Scaffolding and Ladder Collapses and Structural Failure
  • Slips and falls on unstable flooring
  • Use of faulty or defective equipment (such as heavy machinery such as forklifts, cranes, conveyor belts and hoists)
  • Motor vehicle use (including dump trucks, forklifts and tractors)
  • Electrocution
  • Being “caught between” or crushed by heavy objects
  • Falling debris
  • Hazardous Chemicals
  • Burns

Construction accidents may result in some very serious physical injuries to workers.  Other significant construction site injuries include muscle strains and sprains, broken bones, loss of limbs, spinal cord injuries including paralysis, head injuries such as traumatic brain injuries and concussions, internal bleeding, repetitive motion injuries, as well as loss of hearing.

Contact A Dover Construction Site Injury Attorney Today

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

Our firm works closely not only with our clients, but their families as well. We understand how precarious a family’s situation can get as medical expenses mount and the injured party remains unable to work. For these reasons we focus on keeping our clients and their families informed and involved throughout the legal process as we work to secure you the compensation you need and deserve to make your life whole again.

Speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding any type of construction site injury and your options for making a successful financial recovery.  Please contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

 

Morris County Spinal Chord and Brain Injury Claims

Morris County Spinal Chord and Brain Injury ClaimsThe brain is a delicate and complicated organ that doctors know surprisingly little about.  The road to recovery from traumatic brain injuries and catastrophic spinal injuries can be long and difficult if it is possible at all.  The end results of these injuries can vary from minor complications to more serious conditions such as paralysis and, in many cases, can lead to some form of permanent disability.

The Law Offices of Michael P. Burakoff has assisted families in Morristown, Denville, Newton, Dover, Hopatcong, East Hanover, Morris Plains, Mt. Olive, Florham Park and all over both Morris County and Sussex County with personal injury claims.  When it comes to traumatic brain injury or catastrophic spinal injury we understand that to those who are suffering and their families, money is not the most important thing.  Regaining as much of the quality of life they had before the injury as possible is of the utmost importance. Contact us online or at our Newton or Morristown office by phone at (973) 520-0525 for a free confidential consultation.

Causes of Sussex County Spinal Chord or Brain Injury

There are a myriad of things that can cause the types of personal injury that can lead to traumatic brain and spinal injuries; including motor vehicle accidents, bicycle accidents, assaults, work related accidents even a slip and fall accident.

If any of these types of accidents, or others, were the cause of your or a loved one’s traumatic brain or catastrophic spinal injury then a personal injury claim may be the way to get the compensation you deserve in order to regain some quality of life.

However these cases are often very complicated as it necessary to prove negligence on the part of another party.  Also, it must be proven that the negligent party failed to act with reasonable care and that their actions were the direct result of your injuries.  A qualified and experienced Morris County or Sussex County attorney is highly recommended from the beginning of the process until its conclusion.

Catastrophic Injuries effect Sussex County Victims Quality of Life

The brain is the location cognitive ability and motor function, while the spinal cord manages a number of critical body functions including sensation, motor function as well as autonomic functions among others. Injuries to the brain or spinal cord can drastically change ones life in ways it is difficult to imagine.

Damage to either of these crucial systems can cause results that vary greatly between patients.  What may be a minor and recoverable injury for one person can be debilitating or even fatal to another.  In addition, in some cases the effects may be immediate while in others delayed for months or even years after the cause of the initial trauma.

In the event of any trauma to the brain or spinal region, no matter the cause, it is highly recommended to receive a complete and thorough medical examination as soon as possible as well as monitor the injury for changes and effects that may come on later.

Contact A Mt. Olive Traumatic Brain and Spinal Cord Injury Personal Injury Lawyer Today

For over 40 years personal injury attorney Michael P. Burakoff has been working with victims of traumatic brain and spinal injuries and their families to recover the financial compensation that helps to make their lives whole again.  We have built a solid reputation with our clients in Morristown, Newton, Mt. Olive, Netcong, Dover, Parsippany, Roxbury and across Sussex and Morris County of understanding and being sensitive to their unique needs and situations.

If you or a loved one has been in an accident that lead to brain or spinal cord injury please contact us online or at our Morristown or Newton offices by phone at (973) 520-0525 for a free and confidential consultation.

The Difference Between Workers' Compensation and Personal InjuryWhen a person is injured at work, very often one of two (or both) avenues to financial compensation are available to them: a workers compensation claim and/or a personal injury claim. The two are not mutually exclusive, and while you usually can not sue your own employer if you are injured while working, injury victims can still file personal injury claims against other negligent third parties.

However, there are significant differences between the two types of injury claims, namely the requirements to secure compensation, and the type and amount of compensation that can be secured.

At The Law Offices of Michael P. Burakoff we bring our years of understanding  to personal injury and worker’s compensation law, focusing on working not only with our clients, but with their family as well. Our firm has extensive experience securing full and fair compensation in personal injury as well as worker’s compensation claims of all kinds for injury victims in towns across Morris County and Sussex County towns, including Hopatcong, East Hanover, Dover, Netcong, Parsippany, Florham Park, Chatham, Mt. Olive, Denville, Newton, Morristown, and more

Workers’ Comp and Personal Injury Requirements Dover NJ

Though very similar on the surface there are several important legal differences between workers compensation and personal injury claims.

The largest and possibly most important difference between personal injury and worker’s compensation is that a personal injury claim is based on fault and a workers’ compensation case isn’t. To recover damages against someone for a car accident, a slip and fall, or indeed any type of negligence claim, the other person must have been negligent.

Fault is necessary in a Personal Injury Case

In any personal injury case fault is a necessary element.  Without clear fault due to recklessness or negligence there can be no personal injury restitution.  In essence you must be injured, and that injury must be proven to be due to the negligence of another party.

As a hypothetical example, if a delivery driver is injured in a common traffic accident then that worker may possibly file a workers compensation claim if the accident occurred while they were working. However if a delivery driver is involved in an auto accident while working with a drunk driver or otherwise negligent driver, then that negligence can be grounds for a personal injury case against the the negligent driver as well as a workers compensation claim if the accident occurred while the driver was working.

Another example may be if an employee is the victim of an assault and battery while working that causes them to miss time at work.  In this situation both a workers’ compensation as well as a personal injury claim may be warranted.

No Fault Necessary in a Workers’ Compensation Case

With workers’ compensation claims, any employee injured on the job is entitled to workers’ compensation benefits, with some very limited exceptions. Workers’ compensation requires not specific fault or negligence. It is not necessary to prove that your employer or your co-workers did anything wrong in order for you to receive workers’ compensation benefits. Even in the event that your own negligence caused your injury, you are still entitled to receive workers’ compensation benefits.

Parsippany NJ Injury Claims Attorney

Another distinction between personal injury claims and workers’ compensation claims is a difference in damages that can be awarded.  A personal injury claim or lawsuit entitles compensation to pain and suffering damages, while a workers’ compensation claim does not. In a personal injury claim or lawsuit, you have the right to recover all of the damages that you have suffered. This may include lost earnings, lost earning capacity, medical bills, future medical expenses, permanent impairment, pain and suffering, and loss of enjoyment of life among other things. In fact in a personal injury lawsuit, “pain and suffering damages” often represent 2-5 times the medical expenses incurred by the injury.

However in a workers’ compensation case, you are only allowed to receive weekly compensation, permanent impairment benefits, medical bills, and rehabilitation costs.  While these costs are often substantial in the case of a serious injury, workers’ compensation will never include a pain and suffering component.

Contact Our Morristown Injury Claims Lawyer Today

Personal Injury and Workers’ Compensation attorney Michael P. Burakoff is proud to protect the legal rights of clients injured on the job or due to the negligence of others across Morris County, Sussex County, Chatham, Andover, Florham Park, Dover, Hopatcong, Morristown, Netcong, and all of Northern New Jersey. Our small firm size allows us to offer personalized and highly effective legal service.

For a free and confidential consultation regarding your accident, your injuries, and your possible financial compensation through a workers compensation claim, please contact us online or give us a call at our Morristown or Newton offices by dialing (973) 520-0525 today.

Pool Accidents and Injuries in Sussex and Morris CountySummer is always a time of fun and play.  During our enjoyment of the sunny months many types of accidents can occur such as motor vehicle accidents, pedestrian accidents, and even slip and fall injuries. However, when we are relaxing with our family and friends at the poolside we often feel safe and without worry. This lack of care and caution can be dangerous and even deadly.

According to The National Safety Council (NSC) drowning is the second leading injury-related cause of death in children under the age of 15. Shockingly there are an average of 7,000 drowning deaths each year in The United States. The Centers for Disease Control reports, children between the ages of 1 and 4 are most at risk, and the majority of these drownings take place in home swimming pools. Despite being the location of countless fun family gatherings and parties, pools can be very dangerous places, and there are strict regulations in place regarding pool safety for a reason.

In today’s article, we will discuss William’s Law, and how this law can help people and families who are injured when these swimming pool regulations are not properly observed in Sussex County, Morris County and the rest of New Jersey.

William’s Law Attorney Mount Olive NJ

In February 2010, New Jersey legislators passed the pool safety laws known as William’s Law.  Among the many regulations outlined in this legislation are terms for pools, their surrounding structures, and the behavior of pool owners. Our Mount Olive pool safety attorneys recommend that every pool owner is compliant with the following state standards:

  • A “Swimming Pool” is considered to be any structure containing water of eighteen (18) or more inches in depth or eight (8) feet or greater in width. This includes swimming pools,ponds, non-portable spas, hot tubs, fountains, as well as other bodies of water
  • Swimming pools are obligated to be enclosed by a four sided fence or other type of barrier
  • Gates or other openings leading to the pool area must have self closing and self latching openings

To be sure that your pool is up to code,  please view the state pool safety laws or contact a qualified Sussex County or Morris County attorney.

Netcong NJ Pool Injury Accident Lawyer

If you or someone you know has been injured or died in a pool accident New Jersey’s Williams law can be used by an experienced Netcong attorney in order to get legal restitution for you and your family in the form of a personal injury claim or a wrongful death suit.

A successful William’s Law claim will require you and your attorney to prove:

  1. An accident occurred when, where, and how you say it did, and that this accident directly lead to injuries.
  2. The injuries have resulted in specific damages to life (medical expenses, lost income, physical and emotional pain and suffering).
  3. The accident, and resulting injuries, were the result of the pool owners lack of compliance to the stipulations for pool safety put forth by William’s Law i.e. improper fencing.

To adequately prove each of these elements, our Morris County William’s Law lawyers will often work with investigators, engineers and other experts to establish fault on the part of the pool owner. We will also work with your treating physicians to document the nature and extent of all injuries and disabilities that were sustained. Combined with our own knowledge of personal injury and wrongful death law we will work hard to put together a clear picture of what happened, how injuries occurred, and why another party is responsible for those injuries.

Contact A Morristown Swimming Pool Injury Attorney Today

Since 1976 William’s Law attorney Michael P. Burakoff has served clients from local Sussex County and Morris County communities like Newton, Parsippany, Dover, Denville, Rockaway, Morristown, Florham Park, Chatham, and all of Northern New Jersey. Our firm is known for our skill in recovering substantial financial compensation for our clients and their families. Attorney Burakoff will take the time to work individually with each one of his clients to deliver the highest quality and personalized legal service.

For a free and confidential consultation regarding your potential for financial compensation through a wrongful death personal injury claim, please contact us online or call our Morristown or Newton office by dialing (973) 520-0525 today.

 

Injuries from Poor Security Attorney Dover NJ

Injuries from Poor Security Attorney Dover NJPersonal injury claims can result from a wide variety of accidents. Many injury claims are filed following things like car accidents, truck accidents, slip and fall accidents, and injuries on poorly maintained properties.

However, one type of claim many are not aware of are personal injury claims filed due to poor or negligent security. Places such as malls, parking lots, shopping centers, and even government buildings are responsible for the safety of visitors to the premises. While these places have no control over certain types of violence and crime, they do have control over others.

Security cameras, guards, and even things like metal detectors and other screening services are all available to be deployed on these properties, and when business fail to do so, or fail to maintain the level of security expected of such locations, then parties who are injured as a result may be able to recover compensation for their injuries through a negligent security personal injury claim.

In today’s article, we will discuss the most common type of negligent security injuries, and discuss how victims can file for and secure compensation through a personal injury claim.

Common Negligent Security Injuries in Morris County

If you have been injured due to an attack, robbery, criminal assault, or even a rape on commercial or government property, it is important that you discuss the incident with an experienced Morris County personal injury attorney in order to determine whether or not your injuries were the result of poor or negligent security.

For example, “negligent security” may be in play when:

  • Security cameras are broken or improperly monitored
  • Security personnel were not performing adequate patrols, or otherwise lax in their responsibilities
  • The property reasonably should have employed security personnel, but did not
  • Poor lighting in an area led to insufficient security
  • Weapons were smuggled through security checks, and caused injury

Of course, this list is far from final, simply the most common examples of negligence in security which can lead to injury on the property.

Recovering Compensation for Injuries Resulting from Poor Security

Parsippany NJ Personal Injury Lawyer

As with any kind of personal injury claim, you and your Parsippany personal injury attorney will need to be able to prove the following three elements in order to ensure a successful recovery:

  1. You sustained injury on the premises
  2. Those injuries have caused damages to you and potentially your family, potentially including medical expenses, lost income, and physical and emotional pain and suffering
  3. Your injuries were sustained due to the negligent or inadequate security measures employed by the premises owner

Of course, each of these elements sounds relatively simple on paper, but in practice are anything but. Proving negligence, proving the full extent of the damages you have suffered, and ultimately securing a fair and accurate settlement or verdict can often require the experience and guidance of a personal injury attorney.

Contact A Negligent Security Accident Lawyer with Offices in Morristown and Newton NJ

At The Law Offices of Michael P. Burakoff we have extensive experience recovering full and fair personal injury compensation for clients and their families in towns across Morris and Sussex County, including Dover, Parsippany, Newton, Netcong, Hopatcong, Morris Plains, and the surrounding communities.

Attorney Michael Burakoff strongly believes in working closely with not only his clients, but their families as well. This is because he understands just how stressful an accident and the resulting injuries can be, and the precarious financial position they can place many families in.

To speak with Michael Burakoff and our legal team today in a free and confidential consultation regarding your injuries resulting from poor or negligent security measures, or any other kind of accident caused by the reckless or negligent actions of a third party, your options for making a personal injury recovery, and how exactly we can help you and your family, please contact us online, or through either our Newton office or our Morristown office at (973) 520-0525.

Free Consultation

To speak with one of our highly knowledgeable attorneys, contact us today at (973) 520-0525 or toll-free at (877)-830-8211.

You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.