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June 2016 Archives

NEW JERSEY CONSIDERING LAW TO BAN TEXTING AND WALKING

A New Jersey assemblywoman has introduced legislation that would make it illegal to send and receive text messages or to otherwise use a handheld device while in a crosswalk or walking along a public street.

NEW JERSEY SLIP AND FALL LAW MAY COVER ADJOINING PROPERTY

In New Jersey, as in other states, under what is known as "premises liability," the owner of commercial or residential property has a duty to maintain the premises so as to minimize the risk of injury to anyone legally on the property. Until 2013, the owner of property was only responsible for hazardous conditions on his or her property. A New Jersey Superior Court ruling has changed that, at least with respect to businesses and subcontractors.

NEW MEDICARE FALSE CLAIMS ACT LITIGATION MAY HAVE IMPACT ON WORKERS' COMPENSATION BENEFITS

Under New Jersey law, if you have been injured in a motor vehicle accident, you have the choice of claiming your personal health insurance carrier as the primary source for reimbursement of medical bills. If, however, your insurance is through Medicaid or Medicare, you may not select this option. Under the Medicare False Claims Act (FCA), if you are aware that someone is claiming benefits from Medicare or Medicaid as a "first payer," you can file a whistleblower claim and have the right to recover a percentage of any amounts wrongfully paid by Medicaid/Medicare. 

WHAT IS NEGLIGENCE--PART 3--DID YOU SUFFER A LOSS?

In the first two parts of this overview of negligence, we talked about the standard of care and about causation. Before you can get any kind of monetary award after suffering a personal injury, you must first show that the defendant failed to (or breached) a duty to act as a reasonable person under the circumstances. You must then show that the defendant's breach actually caused an accident that the losses you suffered were reasonably foreseeable. But that's still not enough to warrant financial recovery in a personal injury lawsuit. You must also show that you had actual losses.What-is-Negligence--Part-3--Did-You-Suffer-a-Loss-300x200.jpg

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