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March 2016 Archives

SUPERIOR COURT OR FORTHRIGHT -- WHAT'S BEST FOR YOU?

In many insurance policies in New Jersey, there's a dispute resolution clause that says, essentially, that you can choose to file a complaint in Superior Court, or you can choose to have your dispute resolved by Forthright, the administrative agency set up to settle disputes regarding PIP, or Personal Injury Protection, benefits.

CAN YOU LEGALLY AVOID A SOBRIETY CHECKPOINT IN NEW JERSEY?

It's the law-in New Jersey as well as 37 other states-police can set up sobriety checkpoints and seek to determine whether drivers are under the influence of drugs or alcohol while behind the wheel. The provisions of the 4th Amendment of the U.S. Constitution, protecting citizens from unreasonable search and seizure, have limited application in these situations, as the U.S. Supreme Court has ruled that the public interest in minimizing the number of drunk drivers on the roads outweighs the rights of citizens to be free from such actions. Accordingly, there's no requirement that police have probable cause to stop a driver in a sobriety checkpoint, but the officer must have reasonable suspicion of intoxication to ask the driver to participate in a field sobriety test, and must have additional probable cause to search a vehicle.

WORKERS' COMPENSATION - MOTOR VEHICLE ACCIDENTS

RECOVERING WORKER'S COMPENSATION FOR A MOTOR VEHICLE ACCIDENT

When a machine malfunctions at work and you are injured, there seems no question that you are entitled to workers' compensation benefits for lost wages, medical expenses and rehabilitation. If the wrongful conduct of another employee causes you injury, you can also seek compensation for your losses. But what if you are injured in a car or motor vehicle accident, especially when the person causing the accident is unrelated to your employer? The good news-if you meet certain conditions, you have a right to workers' compensation benefits. You may even be able to seek damages in addition to workers' compensation benefits.

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