Although the legal term "tort" may seem complex, it is quite straightforward in concept. The simplest definition is an act that caused harm to another party. The purpose of tort law is to ensure that those who have been injured are compensated for their suffering.

When suing other parties, there are two types of tort laws that you should be aware of: limited tort and full tort. We will help you distinguish between the two in the following article. However, with any legal action, we highly advise you to consult with a NJ personal injury attorney for guidance.

The team at Brandon J. Broderick has been working with clients in New Jersey for more than a decade. We are dedicated to helping victims get the justice they deserve.

Difference Between Full Tort and Limited Tort

Choosing between suing a negligent party in a car accident or personal injury case will be impacted on whether it is a full tort case or limited tort case.

The laws in your state determine whether you have the option of limited tort or full tort. Limited tort is an option outside of full tort in states like Pennsylvania, Kentucky, and New Jersey.

If you opt for limited tort car insurance, rather than full tort, you will not be able to sue the other driver for pain and suffering in the event of an accident. With this insurance, you can file a claim against the other motorist if you suffer from serious injuries as a result of the collision. 

Pain and suffering claims may be pursued in some cases even if full tort coverage is unavailable. A court may make an exemption, or you may file a lawsuit if you are injured by a drunk driver.

If you have full tort car insurance, you can sue the negligent driver without any limitations. You can file a claim for pain and suffering if you are experiencing anxiety or chronic pain as a result of the accident, in addition to your medical costs and lost income from time away from work. In exchange for a higher premium, full tort insurance gives you unrestricted legal recourse against a negligent driver.

No-Fault Insurance and Tort Laws

You have less legal options in "no-fault" insurance states. Even if you are not at fault in an accident, you and your passengers still need to have your own insurance that covers medical expenses (such as personal injury protection or PIP). After an accident, rather than filing a personal injury lawsuit against the at-fault driver, you file a claim with your own insurance carrier.

However, even in no-fault states, the right to sue is subject to certain limitations. In a no-fault state, you can file a lawsuit if you suffer serious injuries or if your medical costs exceed a specific amount. A "serious" harm, such as permanent disfigurement, is defined under state law.

The drivers in the no-fault states like New Jersey can choose between full tort and limited tort. Even if your tort remedies are more limited, you may still be able to sue a negligent driver in the event of an accident.

New Jersey Full Tort & Limited Tort Insurance

If you have full tort coverage in New Jersey, you can file a lawsuit against the at-fault driver. No matter how serious your injury is, you have the right to claim for pain and suffering as well.

By choosing limited tort coverage in New Jersey, you waive certain legal rights in the event of an injury, with the following exceptions:

• Loss of a limb
• Scarring or disfigurement
• Displaced fracture
• Death
• Loss of a fetus
• Permanent disability

Brandon J. Broderick, Attorney at Law Is Here 24/7

If you or a loved one has been seriously injured in a car accident in New Jersey, our team of NJ car accident lawyers can help.

Brandon J. Broderick, Attorney at Law has made it our mission to help people like you get the compensation you deserve after an accident.

Contact us today to schedule a free consultation.

Accidents involving pedestrians are usually a lot more devastating than a standard motor vehicle accident. Many times, these accidents result in serious injuries or even fatalities due to pedestrians not having the same protection as someone riding in a vehicle. Oftentimes, it's because the driver either does not see the pedestrian or the pedestrian does not use a crosswalk. Fortunately, there are legal options for the victim of their family in the event of a death. A negligence lawsuit may be filed to hold the party responsible for injuries or a death.

In the United States, pedestrians killed in motor vehicle accidents reached an all-time high in 2022, with more than 7,500 fatalities -- a number that has continued to climb since 2010.

Recovering damages can be tricky without the help of a NJ pedestrian accident attorney to guide you. We’ll dive deeper into this topic in this article, but consulting an attorney for specific advice is highly encouraged.

You may rely on the attorneys at Brandon J. Broderick, Attorney at Law to help you. We have represented many victims of pedestrian accidents in the past.

Liability in a Pedestrian Accident Case in New Jersey

If you or a loved one were hurt in a pedestrian accident in New Jersey, you may file a claim for damages against the at-fault party on the grounds of negligence. The plaintiff in a negligence case must provide proof, while fault also plays a factor.

The capacity of an injured party to recover damages after a pedestrian accident -- or any other personal injury accident -- depends on who is at fault for the accident. Negligence is the central principle in personal injury law, which holds those responsible for the accident liable for damages.

You have a duty of care to everyone on the road and those not on the road, including pedestrians walking or even bicyclists. No one should intentionally or negligently put another person in harm's way.

Damages are financial compensation you are awarded for suffering an injury due to the negligence of another party. Pain and suffering, other emotional distress, loss of consortium, and even punitive damages can be awarded in addition to actual costs, such as medical expenses and lost wages.

Wrongful death lawsuits use the same standards as negligence cases. Even though the deceased person cannot sue the defendant in court, the purpose of wrongful death cases is to hold them accountable. The plaintiff in a wrongful death suit must therefore establish that the deceased victim would have won a negligence suit against the defendant.

Comparative Negligence Rules

In order to file a claim for damages, you must first establish liability. It's usually the driver, though not always. The pedestrian may be assigned some percent of fault as well.

When it comes to determining fault, New Jersey uses the 51% Rule. No compensation will be awarded if the plaintiff (the injured party) is found to be more than 51% at fault for the accident. The burden of proof rests with the judge or jury in any personal injury case, who will then decide who is at fault and to what percentage.

If the plaintiff was less than 51% at fault for the accident, their compensation will be decreased proportionally. If the percentage is higher than 51%, they will not receive damages, as previously mentioned.

What Damages Can I Recover?

Damages are the financial compensation you will receive if your pedestrian accident case is successful.

The following are examples of what damages often covered:

• Medical costs
• Therapies, including rehabilitation
• Pain and suffering
• Loss of function of a body part
• Disfigurement
• Loss of consortium
• Lost income

New Jersey's Right of Way Laws

Pedestrian accident victims in New Jersey should be aware of the laws since financial compensation is reduced based on who is at fault in an accident.

New Jersey law (NJ Rev. Stat. § 39:4-36)  states that:

• The driver must yield right of way to pedestrians in unmarked crosswalks at intersections, as well as at crosswalks when traffic is signaled and if there is a pedestrian tunnel or overhead crossing.
• When crossing the street, pedestrians must use marked crosswalks. A pedestrian must yield the right of way if there isn't a marked or unmarked crosswalk.

Call Our Law Firm Today If You Are A Victim in a NJ Pedestrian Accident

If you or a loved one were hurt in a pedestrian accident, you can file a claim for damages. Brandon J. Broderick's legal team has helped a large number of New Jersey residents who were injured in pedestrian accidents. We will represent you and pursue compensation from the responsible parties.

Consult with our staff today for free.

Many people are surprised to learn that police reached out to the public for help after two teens were seriously injured recently in a hit-n-run accident on the New Jersey Turnpike. The unknown driver fled after striking a motorized scooter, injuring both teens.

The stress of being in a car accident is only amplified when the other motorist does not stop to check on the well-being of the other party and accept responsibility. What do you do in such a situation? We will provide further insight in the following article.

The best action you can take after a New Jersey hit-and-run accident is to consult with a NJ car accident lawyer who can offer both support and assistance. Brandon J. Broderick, Attorney at Law has been helping accident victims in New Jersey for decades. Let us provide you with the legal help you need.

Hit And Run Defined

After a car accident, New Jersey law requires all drivers to exchange contact and insurance information. If needed, the other driver must make reasonable efforts to help the injured party, such as by calling for medical assistance if the accident caused bodily harm. You must report it to the authorities whenever an accident causes more than $500 in damage.

A driver who is involved in an accident but does not stop may face criminal and traffic charges. This is called a hit-and-run.

Who Is Responsible For Damages in a New Jersey Hit-and-Run?

Uninsured motorist (UM) coverage is mandatory in the state of New Jersey. That means your own insurance policy will be the primary insurer for a hit-and-run claim, but will only cover car or property repair expenses, not medical bills. For medical care costs, you will have to rely on personal injury protection (PIP), which is also known as no-fault insurance. PIP covers medical costs, lost wages and funeral costs.

There are other options for hit-and-run victims. Sometimes, the other driver may be able to be identified by authorities and your lawyer. In either case, the Brandon J. Broderick team will work directly with you to file a claim or lawsuit for the compensation you deserve.

Uninsured Motorist Coverage Limits

When purchasing auto insurance in New Jersey, you are probably aware of the limits of UM coverage. The actual limit is the most your insurance company will pay out if you file a UM claim. So, if you opt for a larger limit, you will have more protection. This, however, comes with a price tag.

The minimum UM coverage on a New Jersey Standard policy is $5,000. You can increase this UM limit up to the amount of your policy's PD liability limit. Your UM coverage limit can be as high as your PD liability limit.

It's important to understand that UM coverage pays for car or property repair expenses, but doesn't not cover medical bills. 

Call Brandon J. Broderick For Legal Assistance

When it comes to car accident claims, particularly those involving hit-and-runs in New Jersey, the attorneys at Brandon J. Broderick, Attorney at Law have a long history of success. Our attorneys will defend your rights and pursue maximum compensation for your claim through a combination of compassion and tough litigation.

Our consultations are always free, and we won't charge you anything unless we win your case. The first step towards achieving justice is to call us today.

Construction workers are exposed to a variety of potentially dangerous circumstances on a daily basis. The possibility of falling from ladders or scaffolding, getting hit by falling objects, or being electrocuted are some of the obvious dangers. However, even if they are less evident, hazardous chemicals provide serious health risks that all workers should be aware of. It can cause everything from burns or organ damage to respiratory issues or even cancer.

Hazardous materials accidents happen more than you may think on New Jersey construction sites. The more you know about these accidents, the more you can help you avoid them. We will provide you with all the information you should know if you ever find yourself in an accident involving dangerous or hazardous materials.

However, it's important to seek the advice of an experienced hazardous materials accident lawyer who can help either you or loved ones get the assistance they need to make a full recovery.

The legal team at Brandon J. Broderick, Attorney at Law has helped represent clients who have been hurt in these accidents. We encourage you to call us with any questions.

Common Effects of Exposure to Toxic Materials

Depending on whether toxic materials are in the form of dust, fumes, gas, or vapor, the body will absorb it in a different way. A worker may be injured by toxic chemicals through skin contact, inhalation of fumes, or ingestion of even minute amounts of a dangerous substance. Burns, rashes, irritation of the throat and lungs, as well as nerve and neurological damage, are some of the more common injuries that can develop as a result of exposure to hazardous chemicals. In severe cases, products like industrial paint, which can emit fumes that are so poisonous that a strong ventilation system is necessary during their use, can cause brain damage in people.

Exposure to hazardous materials can result in a variety of health issues, from minor to very serious. Common acute effects and common chronic effects are two categories used to describe these conditions.

Common Acute Effects

• Allergic reactions that cause anaphylactic shock
• Corrosivity that burns the skin
• Dermatitis
• Fatal concentration
• Metal fume fever, which develops after inhaling tiny particles of zinc, magnesium, and copper
• Skin rashes, irritations, and dryness

Common Chronic Effects

• Asbestosis
• Cancer
• Cumulative hearing disorder
• Mesothelioma
• Occupational hearing loss
• Silicosis

Filing a Workers' Compensation Claim

In most states, you must first go through the workers' compensation system if you are exposed to chemicals at work that lead to a chronic condition before you can file a personal injury claim. Additionally, you may have to file an administrative claim with OSHA. A number of substances that may be present at work are governed by OSHA regulations, along with recommendations for employee training and safety. The likelihood of filing a claim increases when an employer disregards certain OSHA regulations and an employee suffers an injury or health issue.

Workers' compensation claims are not based on liability, so even if you took reasonable precautions but were exposed to harmful chemicals, you can still file a claim for benefits. You are eligible to file a claim as long as you were exposed to hazardous substances while carrying out work-related tasks.

A New Jersey workers' compensation lawyer can give you a better idea of your best course of action and what claim to file.

How To Prove Your Case For Hazardous Materials Exposure

Although pursuing a lawsuit or personal injury claim involving exposure to harmful chemicals at work can be difficult, that shouldn't deter you from exploring your legal options. You must prove that chemical exposure is what led to your disease in order to win your case. This can be challenging when the illness could have been brought on by another reason, such lung cancer. Smoking and certain harmful chemical exposures both have the potential to result in lung cancer.

Who is accountable and, thus, who you will mention in your claim, is another thing to think about. Despite the fact that most lawsuits are filed against employers, it is also possible to file a product liability claim against the maker of the faulty safety products. You can choose who is at fault and whom to mention in your claim with the assistance of an experienced workers' compensation lawyer.

The Attorneys at Brandon J. Broderick, Attorney At Law Can Help You Today

Contact the New Jersey construction accident lawyers at Brandon J. Broderick, Attorney at Law if you or someone you love has been exposed to toxic, dangerous material at a construction site.

We'll work to get you the highest possible monetary settlement. We are one phone call away. Call us today to schedule an initial case evaluation.

Placing your an elderly family member in a nursing home is a big decision that is usually made because you want them taken care of and are unable to be yourself at home. Sadly, it's possible that elderly residents of understaffed nursing facilities are not as safe as you would think. A resident may suffer injuries or worse if a nursing home lacks the staff necessary to properly supervise and care for all of its residents. It's important to check on a loved one residing in a nursing home often to make sure they are receiving the care they need.

It's a fact proven by federal research that the majority of nursing homes in America are understaffed. Because of this issue, the health of nursing home residents and patients are at risk.

Due to understaffing, nursing homes have paid out millions of dollars to the families of patients who have suffered wrongful deaths or injuries or illnesses linked to the nursing home's understaffing.

Contact a NJ nursing home abuse lawyer as soon as possible if you become aware of any indications that your loved one has been neglected or has passed in the care of a nursing home and you suspect neglect. An attorney, such as the team at Brandon J. Broderick, Attorney at Law can assist you in making that determination.

Indications That Your Loved One's Nursing Home Is Understaffed

If your loved one is in a nursing home, they likely require care from the staff on a regular basis. When they do not, this is negligence on the part of the nursing home. There are warning signs to be aware of. Residents living in nursing facilities with insufficient staff may run the risk of: 

• Falls: If an elderly person falls, they risk suffering serious injuries. Nursing home residents who need to stand up but can't get assistance they need could risk falling if they try to do it on their own. 
• Wandering: This is a common symptom of diseases like Alzheimer's and dementia. To prevent an elderly person from leaving the nursing home and wandering off and getting hurt or into danger, these patients should be closely watched. If an elderly person escapes from their nursing home facility, call the police right away. 
• Medication mistakes: This is more likely to occur when staff workers are expected to provide medications to a large number of patients quickly while also adhering to other caregiving duties. 
• Skin damage: Seniors who are bedridden may get skin problems, such as bedsores, if they are not turned or cleaned regularly. 
• Missed health changes: A change in your loved one's health condition or level of mental alertness may go unreported in a care facility with a lack of staff. This could indicate that a major issue is not identified in time for adequate treatment.

Nursing Home Staffing Law in New Jersey 

Nursing facilities in New Jersey have to adhere to more stringent staffing regulations, as of February 2021. According to the new rules, nursing homes in New Jersey must have one certified nursing assistant (CNA) for every eight residents during day shifts, one direct caregiver for every ten people during evening hours, and one for every fourteen for overnight shifts. The direct caregivers who provide care during the evening and overnight hours may be CNAs, licensed practical nurses, or registered nurses, provided that at least half are CNAs.

Speak with a NJ Nursing Home Abuse Lawyer

The safety of nursing home residents is a priority for us at Brandon J. Broderick, Attorney at Law. Our team of nursing home abuse attorneys will make every effort to assist you and your family in seeking the compensation you are entitled to, after experiencing injury as a result of understaffing.

Call us today to schedule an appointment for a free consultation.

It can be challenging to understand what happened in the moments following a motorcycle accident. You may be injured, confused and disoriented. While ensuring you get the medical care you need is probably the most important thing to think about, you likely have questions. We have you covered, our motorcycle accident lawyers have a list of some of the most common questions, along with their corresponding answers in the article below.

While the following FAQ can be extremely helpful after an accident, as a victim, you have legal options to think about. It's best to consult with a NJ motorcycle accident lawyer for direct answers related to your specific case.

The lawyers at Brandon J. Broderick, Attorney at Law are available 24 hours a day, 7 days a week to answer your questions and begin the process of getting the client compensation for their damages.

New Jersey Motorcycle Accident FAQ

1. What Should I Do When a Motorcycle Accident Occurs?

Get medical attention for anyone who has been injured first. If you can, move your motorcycle out of the path of oncoming vehicles if it is blocking traffic. Obtaining the insurance details of the other driver is next, so you can submit a claim later.

2. Should I Seek Medical Care?

Yes, following the accident, you should visit a doctor. Since your body may still be in shock after the accident, oftentimes, you may not realize how injured you may be or that you are even injured at all. If you fail to seek medical care and symptoms manifest later, this could impact your chances for compensation for your injuries in a claim.

3. Should I Report The Accident To Police?

You must notify the police if anyone was killed, suffered a serious injury, or if there was significant property damage (generally $1,000 or more). 

4. How Much Time Do I Have To Submit A Claim?

In New Jersey, the statute of limitations is two years after the accident. Any claims filed after that time will likely be denied. There are cases where the statute of limitations is significantly shorter, such as if you are filing a claim against a municipality or government entity.

5. What If The At-Fault Driver Has Insufficient Insurance Coverage?

If you want to get paid for your damages, you must submit a claim to the insurance company of the other party. No-fault insurance doesn’t apply to motorcycle riders. Fortunately, as long as you didn't cause more than 50% of the motorcycle accident, you have the right to seek financial compensation for your medical expenses and other losses.

If you are seeking further coverage and the at-fault party doesn't have sufficient coverage or no coverage at all, your uninsured/underinsured motorist policy will help supplement the costs. A minimum amount of Uninsured/Underinsured Motorist Coverage is required.

6. Is A Helmet Required To Ride A Motorcycle?

A helmet is required by law if you are riding or operating a motorcycle. New Jersey Helmet Law P.L. 39:3-76.7 states: "No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides." Be sure to familiarize yourself with the legislation in your state because they differ from state to state. 

What If I Wasn't Wearing A Helmet?

Since it is a state law, not wearing a helmet is not only illegal, it may come with a fine, and if you were injured, your insurance company would deny your claim for compensation.

7. What If My Insurance Company Doesn't Cover All Of My Damages?

You have the option to sue the other motorist to recover damages if the insurance company makes an unfair settlement offer. You must prove that the other driver was at-fault and negligent.

8. What Is "Comparative Negligence"?

According to the percent to which the driver's fault contributed to the injury, the damages that can be recovered in a negligence-based claim are reduced by their percentage of fault under comparative negligence rules.

9. If I Was A Passenger In A Crash, May I File A Claim?

Anyone hurt in a motorcycle accident has the right to sue the responsible party. You can submit a claim to the negligent driver's insurance if you were a motorcycle passenger.

10. When Should I Consult A Lawyer?

Motorcycle accidents can involve many complicated details. Lawyers are familiar with the law and the challenges that arise after motorcycle accidents. Their help can significantly impact your ability to hold the insurance company and at-fault driver responsible.

The Brandon J. Broderick Law Firm Can Help You

No matter how severe your injury may be, if you are not at fault and are involved in a motorcycle accident, you may be entitled to compensation. You should speak with a NJ motorcycle accident lawyer to give you the best chance of obtaining a fair settlement or payout.

A motorcycle rider who sustains injuries in an accident brought on by a careless driver may also file a personal injury lawsuit to obtain damages for their losses. Property damage, medical costs, missed wages, diminished future earning ability, and pain and suffering are all compensable losses.

Do not hesitate to get in touch with Brandon J. Broderick, Attorney at Law for further information. We do not charge for a consultation and do not receive any payment from you until we are successful in your case.

Contact us today to schedule an appointment.

Being in a truck accident cannot be compared to a car accident; it’s a lot more complicated. If you were in a truck accident, you probably have questions: “Who is responsible? Who do I collect damages from? Could it have been the truck driver’s fault?” By their nature, truck accidents involve more players than car accidents. From the truck driver to the truck’s owner to the Federal Motor Carrier Safety Administration (FMCSA), it takes industry know-how to properly navigate a truck accident claim.

Do you have a valid claim? By better understanding the common causes of truck accidents and the laws that govern the commercial trucking industry, you’ll be in a better position to determine if you have a valid personal injury claim.

Let's start by examining the FMCSA, the organization in charge of regulating the transportation sector. According to their website, the Federal Motor Carrier Safety Association (FMCSA) states that its main goal is to "reduce crashes, injuries and fatalities involving large trucks and busses". In their "Large Truck and Bus Crash Facts 2020" report, we see that 4,998 trucks and buses were involved in fatal crashes in the year 2020. While that is a decrease of 5% from the year prior, it is up more than 1,000 crashes in the 2017 report.

In light of these stats, here's the top 5 driver-related factors and violations that led to these accidents in 2020:

• Speeding (351)
• Impairment (Fatigue, Alcohol, Illness, etc.) (250)
• Distracted driving (248)
• Careless driving (231)
• Failure to yield right of way (203)

The above statistics only represent the “top” truck driver violations; there are many more. Like drunk drivers, we can only assume that many more truck drivers are “breaking the rules.” This 2020 data only represents the drivers who were caught.

Top Causes of Trucking Accidents

While drivers of passenger vehicles cause their fair share accidents that involve semi-trucks, the focus of this post is truck driver negligence. Here are the top causes of truck accidents involving truck driver negligence:

• Speeding
• Fatigued driving
• Distracted driving
• Texting while driving
• Taking a turn too fast
• Driving an overloaded truck
• Driving a poorly-maintained truck
• Driving under the influence of drugs or alcohol

Costs of Truck Accidents for Survivors

A truck accident in New Jersey can result in extensive costs that go beyond just property damage. These losses can range depending on medical expenses, lost wages and earning potential due to disabilities or death, and property damage.

Aside from the immediate costs, there are also long-term economic effects on society. For instance, increased insurance premiums for trucking companies may eventually lead to higher prices for goods transported by trucks. Also, traffic delays caused by truck accidents can have ripple effects on productivity and commerce in affected areas.

The social and emotional costs of truck accidents also weigh in significantly. The aftermath of a truck accident can be devastating for those involved. Victims may suffer serious physical injuries, such as broken bones or head trauma, requiring ongoing medical treatment and rehabilitation.

The survivors may also experience emotional distress and financial hardship due to mounting medical bills or lost wages from time off work following the accident.

What to Do if You've Been in a Truck Accident

Don't wait to get legal help if you or a loved one is injured in an accident involving a truck, commercial vehicle or construction equipment.

At Brandon J. Broderick, Attorney at Law, we first work to ensure that your health and well-being are restored, and then get to work beginning the process of getting you reimbursed for your losses. We handle the communications and negotiations with insurance companies and build your case to pursue maximum compensation for your injuries. Don’t be left on the hook for medical bills and expenses that are not your fault.

At Brandon J. Broderick, Attorney at Law, we are dedicated to assisting clients throughout New Jersey and the tri-state area with their truck accident and personal injury cases. We have decades of experience and the extensive resources you need to secure a fair case result. Our compassionate truck accident attorneys put client care and your needs first. Contact us immediately for a free legal review.

Need a New Jersey truck accident attorney? Contact Brandon J. Broderick, Attorney at Law

Anybody can experience a medical emergency at any time, even while driving. Statistics show that accidents stemming from a medical incident makes up 1.3% of all accidents. Even though this is a small percentage, the collisions these drivers are responsible for are usually extremely devastating.

If you're involved in an accident like this, you may be wondering if a driver who has a medical emergency during the course of an accident is liable if there are injuries. The answer is complex, which will we explain further as you continue reading.

The legal team at Brandon J. Broderick outlines what happens when a driver experiences a medical emergency while operating a motor vehicle in the following article, as well as the legal options open to accident victims.

First, it's important that we accurately assess your case. Consult with our NJ car accident lawyers for accurate information. Our team has the experience and expertise that will allow you to get a successful resolution.

Insurance Claims in New Jersey Follow No-Fault Rules

New Jersey is one of the few states that adheres to the no-fault insurance rules. This means that if a driver was injured in a car accident, they would submit a claim with their own insurance company in order to receive compensation.

There are situations when injuries are more severe and the costs are higher than what a driver's own policy limitations will cover. In these cases, injured drivers can submit a claim with the insurance company of the at-fault driver to reimburse their additional accident-related costs. However, injured drivers must prove fault in order to do so.

So, the question remains: How can negligence be established when a driver suddenly experienced a medical emergency before an accident?

How a Driver Who Suffers a Medical Emergency Be At Fault?

Drivers should be aware that experiencing a medical emergency does not excuse them from responsibility for an accident. A collision involving a motorist who experienced a medical event may be considered negligent or their responsibility if:

• Were aware of their medical condition and failed to take the required precautions to prevent an accident. This could be if a diabetic driver is aware that their blood sugar levels have been low but does nothing to address the situation, such as stopping to eat or drink something.
• After experiencing a medical emergency, not taking any precautions to avoid an accident. If a driver had recently visited a cardiologist for a heart attack and was told not to drive but disregarded the doctor's orders and drove anyway.

An experienced car accident lawyer can give you an overview of your options, including a claim against the driver who caused the accident in order to obtain compensation for their client.

What Are My Options If I Was Injured In An Accident Involving A Driver Who Had A Medical Event?

Although you might be able to sue the driver for your injuries, you must demonstrate that the driver was at fault for the collision for your claim to succeed. It could be difficult, particularly if the driver is able to prove that the medical event was sudden and out of their control.

If the defense is able to effectively prove their case, you may not be able to recover any losses. Because they would not have been at fault in this scenario, the court could rule that the at-fault driver is not responsible for damages.

Before filing a lawsuit, consulting a lawyer at Brandon J. Broderick, Attorney at Law is recommended. We will evaluate our case and decide whether you have a strong case.

Brandon J. Broderick, Attorney at Law Is Available To Help

If you find yourself injured following a devastating car accident, you're likely frustrated and stressed over the situation. Legal help can alleviate that stress and worry. The team at Brandon J. Broderick, Attorney at Law knows how to handle car accident cases of all types and can provide the support you deserve.

Call us today to schedule an appointment for a free case evaluation. We are here to help.

Every day, pay discrimination at work has an impact on the lives of people. When one worker does the same job as another but is not paid equally, this is referred to as pay discrimination. It happens frequently and is usually illegal.

Despite state and federal legislation, companies from a variety of industries still practice wage discrimination. The right to hold employers liable for breaking the law is one of many rights and protections that employees have, in addition to the right to fair compensation.

You have legal rights, and can sue over pay discrimination in the state of New Jersey. More information is as follows. However, we encourage you to consult with our NJ pay discrimination lawyers if you believe you are experiencing discrimination in the workplace. Brandon J. Broderick has decades of employment law and can help you with your case.

Pay Discrimination Explained

When an employer fails to pay workers who perform essentially equal labor the same compensation, it constitutes pay discrimination at work. According to federal law, this comparison would mean that the workers perform identical tasks under equivalent levels of responsibility, ability, and effort.

It's a common misperception that wage discrimination requires that both employees hold the same job title. When contrasting substantially equal work, the law recognizes the job content rather than job title.

People frequently think in terms of wages, but there are various instances of pay discrimination in the workplace, such as:

• Salary
• Bonuses
• Stock options
• Insurance
• Vacation / Holiday pay
• Travel expenses
• Profit sharing

Pay Discrimination Examples

There are a number of ways pay discrimination occurs at work. Here are some examples that could qualify:

• In a hospital, a male and female radiologic technician do the same job and have comparable training and experience. The male employee is paid 15% greater than that for the female employee.
• In an information technology company, a white male computer technician and an African American woman computer technician both perform the same tasks and have similar experience and/or skill set. The standard pay for the white male employee is 13% higher than for the African American female employee, but he also has access to a bonus program while she doesn't.
• At a retailer, the service desk is staffed by a 45-year-old customer service representative and a 29-year-old sales associate who do the same work every day. They both work in the same type of environment and have comparable duties and skill sets. The customer service representatives are paid $15 per hour, whereas sales representatives are paid $20 per hour.

Suing for Pay Discrimination

Employees are protected from pay discrimination at work, regardless of their job titles or industry. You are entitled to file a lawsuit against your employer if your situation meets the requirements. An employment law attorney can offer legal advice specific to your case, as well as outline your best legal choices.

To establish wage discrimination, a number of tactics and laws may be employed to prove your case. If your attorney bases your case on the Equal Pay Act, they will need to demonstrate similarities in your skill set, responsibilities, and working conditions. Additionally, there needs to be a location, preferably a specific building or buildings, where you work to provide proof.

Discrimination must be proven through evidence, such as paperwork, witnesses, and skill.

The management of lawsuits involving wage discrimination is under the control of the U.S. Equal Employment Opportunity Commission (EEOC). In addition to managing the case's filing, your attorney can assist in mediation and negotiation. Gather as much evidence (pay stubs, job descriptions, memoranda, HR documents, etc.) as you can if you think you have a case. Even if you don't believe you have enough supporting evidence, speaking with an employment law attorney is strongly recommended. You may have more evidence than you believe to support your claim.

Wage Discrimination Laws

Employees are protected against salary discrimination under state and federal law based on gender, race, color, religion, national origin, age, or disability. These are:

• The Equal Pay Act (EPA): a federal law  that forbids discrimination in pay based on gender.
• Title VII of the Civil Rights Act: This federal law provides extensive protections against discrimination based on race, color, religion, sex, or national origin.
• The Americans With Disabilities Act (ADA): federal law that forbids discrimination against a qualified individual with a handicap.
• The Age Discrimination in Employment Act (ADEA): a federal law that prohibits discrimination in the workplace against workers who are 40 years of age or older.

NJ Employment Law Attorneys Are Available to Help You

Contact a lawyer as soon as possible if you think that pay discrimination has been occurring at work or that you have been receiving unequal pay. It is best to retain counsel as soon as possible. The team at Brandon J. Broderick can assess your case and take the correct steps to ensure your case is successful.

Call us today for a free consultation.

A slip and fall accident can be both painful and stressful, no matter where it happens. However, there are certain locations where you are more prone to a slip and fall, one of the most common being a grocery store.

Grocery stores are commonplace for accidents, due to the constant traffic it sees. Shoppers enter and exit throughout the day, and there are usually many employees working. More often than you might think, someone may take a fall in the aisle, get hit by a falling merchandise, or hit an automatic door.

In the following article, we will go over the best steps to take if you suffer a slip and fall accident in a New Jersey grocery store.

The NJ slip and fall lawyers at Brandon J. Broderick, Attorney at Law are here to assist if you need legal advice or representation for your own case.

Actions To Take After a Slip and Fall at a Grocery Store

You should be prepared if you are involved in an accident at the grocery store. The best way to be prepared is to know what to do. There are things you should do and things you should avoid, even though the specifics may change depending on your location or the size of the store. 

Steps to take include:

• Request a manager
• Report the accident to the store 
• Obtain the insurance details for the store 
• Take photos, videos or gather any other related evidence

Do not do the following:

• Leave the store
• Arguing or verbally attacking staff
• Discuss the accident

You have the right to get a copy of the accident report when submitting one to provide to your own insurer or attorney for your slip and fall claim. If the store has security cameras, you can also request to watch the video footage to review the accident. If it occurred during regular business hours, it's possible that another customer saw it. Ask anyone nearby if they saw your accident and collect their contact details. They may be able to provide a witness account to what happened. Make sure to seek medical attention, during which you can explain to the doctor the specifics of the accident so that they can note it in your medical records.

Grocery Store Liability in a Slip and Fall Accident

Grocery stores are required to take reasonable steps to ensure that no dangers capable of injuring customers exist on their property, under New Jersey law. This would include upkeep for potential slip and fall hazards, such as cleaning up spills or slippery surfaces or fixing damaged flooring. At the very least, a store is required to at least alert customers to the existence of such risks by posting a wet floor sign or other warning signs, for example. 

This applies to dangers that the store is aware of, as well as risks that it should have known about if it had taken reasonable precautions, including performing routine maintenance checks. Here's an example: a shopper falls on a spill from a broken beverage bottle. In this case, you could hold the store liable if an employee knows about it or if the bottle fell off the shelf hours earlier. However, if a customer knocks a bottle off the shelf, and then another customer enters the store a minute later and trips over the spill, the store might not be held responsible because it was unlikely that it would have known about the spill or had a chance to clean it up. 

Damages Available in a NJ Grocery Store Slip and Fall

You may be eligible to seek compensation for costs and losses suffered as a result of a slip and fall accident at a grocery store. These may include:

• Medical costs
• Rehabilitation
• Lost wages
• Loss of future earnings
• Pain and suffering
• Emotional distress
• Permanent disability
• Scarring or disfigurement

Speak With a Slip and Fall Lawyer From Brandon J. Broderick Today

Did a slip and fall accident in New Jersey cause you devastating injuries? Maybe, a loved one or family member was hurt in a grocery store fall? Don't let your medical bills mount while awaiting answers from their insurance company. You need an experienced personal injury lawyer on your side right now to fight for the financial compensation you are entitled to.

Brandon J. Broderick, Attorney at Law has decades of experience and can help you today. For a free consultation about your case, contact us online.