More Information

• Dog Bites
• Fees and Expenses
• Dangerous or Defective Products
• Slip and Fall Accidents
• Uninsured Motorist
• No-Fault Auto Insurance
• What is a “Fair” Settlement
• Nursing Home Law
• Auto Accidents
• Damages
• Medical Malpractice
• Motorcycle Accidents
• On the Job Injuries
• Settling a Claim
• Wrongful Death
• Pedestrian Accidents
• Truck Accidents

Dog Bites

The owner of a domestic animal such as a dog is responsible for injuries or damages caused by that animal if the owner knew, or by the use of reasonable care should have known, that the animal had a propensity to engage in the aggressive behavior that caused the injuries. In some jurisdictions, liability may also be based upon a violation of a “leash law.”

When a serious dog bite injury has occurred, it may be helpful to have the dog evaluated before it is either destroyed or given away. If possible, secure photos or videos of the dog to demonstrate its size, weight and mannerisms. Talk to neighbors about the typical behavior of the dog and whether it was potentially dangerous. Neighbors might know if the dog gets out of the yard, if the owner allowed it to wander the streets, or if there were any prior attacks.

It is important to retain an attorney familiar with animal inflicted injury cases as soon as possible. An experienced attorney can make sure there are no missed opportunities and help build a solid foundation of testimony by documenting the animal's aggressive behavior and assuring that all relevant information is obtained to assist in the preparation of your claim.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Fees and Expenses

A client usually pays a contingent fee to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement in cases where money is being claimed most often in cases involving personal injury or workers' compensation. By entering into a contingent fee agreement, both you and your lawyer expect to collect some unknown amount of money.

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (usually one-third) of the total recovery, that is, the total amount of the settlement or judgment. If you lose, neither you nor the lawyer will get any money, and you will not be required to pay your attorney any fees for the work done on the case. However, you are responsible for any court filing fees, expert witness fees, the costs related to deposing witnesses, and similar charges regardless of the outcome. These expenses, often called “costs”, are not part of the legal fee. Your lawyer will usually advance these costs as needed, and are typically repaid out of the settlement or judgment proceeds at the close of your case. The vast majority of cases settle without the need to file a law suit, and the costs are generally less than $50.00 for such things as copies of the hospital records and police report, if any.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Dangerous or Defective Products

A lot of people have heard of exploding soda bottles, and while most product defects do not make their appearance quite so dramatically, defective or dangerous consumer products are the cause of many thousands of injuries every year. “Product liability” — the legal rules concerning who is responsible for defective or dangerous products — is slightly different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages.

Ordinarily, to hold someone liable for your injuries, you must show that they were careless — that is, negligent — and that their carelessness led to the accident. With products sold to the general public, though, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer always be expected to check each product before using it to see if it is defective or dangerous, except for obviously dangerous products - a chain saw, for example, or a drain cleaner with a warning on it.

As a result, the legal concept of “strict liability” evolved.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Slip and Fall Accidents

An extremely common kind of accident is slipping on wet or otherwise slippery floor, stair or ground or tripping over something on the floor or the ground. However, the owner or occupant of property cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is the property owner always responsible for someone slipping or tripping on something which an ordinary person should expect to find there or should see and avoid.

There is no precise way to determine when an owner or occupier of property is legally responsible for something on which you slip or trip. Each case turns on whether the owner acted carefully so that slipping or tripping was not likely to happen — and whether the person who fell was careless in not seeing or avoiding the thing he or she fell on.

To be legally responsible for the injuries you suffered from slipping or tripping, the owner of the premises or the owner's employee:

• Must have caused the dangerous or defective condition; or
• Must have known about the existence of the dangerous or defective condition, but did nothing about it; or
• Should have known about the dangerous or defective condition because a “reasonable” person taking care of the property would have discovered and removed or repaired the condition.

The third situation is the most common, but is also less clear-cut than the first two because of those pesky words “should have known.” Liability in these cases is often determined by common sense; that is whether the owner or occupier of property acted reasonably in keeping the property safe, and whether your own behavior was reasonable.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Uninsured Motorist

If you were involved in a motor vehicle collision, and the other “at fault” driver is not insured, but you are insured, do not despair. Most insurance policies that provide liability insurance coverage for your vehicle, have a corresponding amount of “uninsured motorist” coverage for your protection. For example, if you have an insurance policy which includes liability coverage of $25,000 per injured claimant, and $50,000.00 per occurrence, you probably have uninsured motorist coverage up to those limits against the uninsured motorist who was responsible for the accident. Under these circumstances, your own company will essentially stand in the shoes of the uninsured motorist. Making a claim under these circumstances should not result in any increase in your insurance premium since you were not the “at fault” driver.

Additionally, there are circumstances where the “at fault” driver has insurance, but his policy limits are less than your policy limits. Under these circumstances, an underinsured motorist situation arises; and, should you have a serious injury claim, which has a settlement value greater than the “at fault” driver's insurance coverage, you may be entitled to additional insurance coverage by the amount your uninsured motorist coverage exceeds the “at fault” driver's liability coverage.

In some circumstances, even if you are uninsured, there may be a recovery against an “uninsured motorist fund” created for this purpose. For example, if you are not the owner of a motor vehicle and sustain injuries as a pedestrian by a uninsured motorist, such a fund may, depending on other circumstances, provide coverage to compensate you for your injuries.

The laws governing uninsured/underinsured motorist vary from jurisdiction to jurisdiction.

If you sustained injuries in a motor vehicle collision and wish to speak to a lawyer about whether or not such coverage is available to you, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

No-Fault Auto Insurance

In general, no-fault coverage (sometimes referred to as Personal Injury Protection or PIP) eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages — up to certain dollar amounts -­regardless of who was at fault for the accident. In most jurisdictions, no-fault does not apply to motor vehicle property damage; those claims are still handled by filing a liability claim against the one who is responsible for the accident, or by looking to your own collision insurance.

Prompt payment of medical bills and lost wages without any arguments about who caused the accident is the simple part of no-fault. But most no-fault insurance provides limited coverage to the injured person. For example, it provides no compensation for pain, suffering, emotional distress, inconvenience or lost opportunities, and compensation for permanent injuries.

To make up for what PIP benefits do not cover in some jurisdictions, no-fault laws may permit an injured person to also file a liability claim, and lawsuit if necessary, against the driver who was at fault in an accident. The liability claim permits an injured driver to obtain compensation for medical expense, income losses, as well as for past and future pain and suffering and other general damages such as permanent impairment and disfigurement.

Whether and when you can file a liability claim for further damages against the person at fault in your accident depends on the specifics of the no-fault law in your State. If you wish to confer with an attorney about the specifics of your possible “no-fault” and/or liability claim, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

What is a “Fair” Settlement

There is no rule to go by in deciding whether a particular settlement offer is enough. Some people want to get as much as they possibly can out of a claim no matter how long it takes, and are willing to argue and negotiate on and on. Other people want just to settle as quickly as possible. Most people fall somewhere in between.

Deciding when a settlement offer is acceptable depends on your attitude toward the accident, the nature and extent of your injuries, whether any of your injuries are permanent, the amount of your medical bills, the amount of your lost wages/income, and on your tolerance for the claims process. An experienced attorney can assist you in maximizing your recovery and negotiating a fair and reasonable settlement taking into account all of these and other critical factors to assure that you are fairly and adequately compensated for your injuries.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Nursing Home Law

A nursing home is a facility that provides skilled nursing care and related services for residents who require medical or nursing care. Usually, these facilities provide care for the elderly, but such health-related care and services can also include rehabilitation services for injured, disabled, or sick persons.

Although institutional care, by its very nature, substantially limits one's lifestyle and scope of privacy, one should nevertheless expect high quality, compassionate and dignified care from nursing facilities. The federal Nursing Home Reform Amendments of 1987, and corresponding state laws, protect residents in nearly all nursing facilities.

For residents who lack decision-making capacity, the resident's agent under a power of attorney for health care or another legally designated representative may exercise the resident's rights. Federal law requires that nursing homes meet strong basic standards for the quality of life of each resident and for the provision of services and activities. There are many specific rights guaranteed by federal and state law.

A nursing care provider is negligent if the nursing care provider does not use that degree of care and skill which a reasonably competent nursing care provider, engaged in similar circumstances, would use. An experienced attorney can help build a solid case establishing a breach of this standard of care and any resultant damages.

To discuss the specific facts of your case with an attorney familiar with this area of the law, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Auto Accidents

If you have been injured in an automobile accident as the operator of a vehicle or as a pedestrian, which was the other driver's fault; or, if you were a passenger in a vehicle and suffered injuries as a result of the negligence of a driver, you have a claim for compensation for your losses. Your losses will include your medical expenses, any lost income suffered due to your injuries, emotional and physical pain and suffering, and compensation for any permanent injury. If injured, you should seek immediate medical attention, either at the emergency room or with your family doctor, as soon as possible following the injury, depending on the circumstances and the extent of your injury. You should also let your employer know why you are not able to work and obtain a doctor's note for your absence.

Some insurance companies may try to convince you not to hire an attorney by promising to pay your medical expenses and lost wages. The insurance adjuster may assure you that she or he will negotiate a fair settlement of your claim. We do not recommend that you deal with an experienced claims adjuster from the other party's insurance company without the benefit of advice from your own attorney. Certainly, you should not give a recorded or written statement to anyone without speaking to an attorney first.

Choosing an attorney to handle your claim responsibly and effectively is one of the most important decisions you will have to make following an accident. Remember, retaining an attorney to file an accident claim does not mean that you are filing a lawsuit against the other driver. The vast majority of insurance claims are settled before a lawsuit has to be filed.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your accident claim. Contact our office today to speak with an attorney about your case.

Damages

Most cases are settled without the necessity of a Court trial. However, in those cases that go to Court, if you win your case, a judge or jury awards you money, known as damages, for your injuries.

That amount can include compensation for such expenses as medical bills and lost income, as well as compensation for future wage losses and medical expenses. It can also compensate you for past and future physical pain and suffering. In addition, you may receive damages for any physical disfigurement or other permanent injury and/or disability that resulted from the accident.

Generally, the money is intended to restore your loss, it is not considered as income, and is not taxable as income by the federal government or the states.

For further information, or to discuss the particulars of your case with an attorney at this time, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Medical Malpractice

Medical malpractice is negligence committed by a professional health care provider such as a doctor, nurse, dentist, technician, hospital, nursing home, or hospital worker, who does not use that degree of care and skill which a reasonably competent professional health care provider, engaged in similar circumstances would use.

Some states have passed laws capping damage awards, and all jurisdictions have established the time period in which plaintiffs can bring malpractice suits. Therefore, it is very important that you promptly contact an attorney to discuss the applicable statute of limitations in the jurisdiction where the malpractice occurred. Failure to file your law suit timely will bar your claim forever.

Some states have arbitration panels to hear medical malpractice claims before they can be filed in court to be determined by a judge or jury.

Talk to a lawyer if you think you have a medical malpractice claim. Tell the attorney exactly what happened to you, from the first time you visited your health care provider, such as a doctor, through your last contact with him or her. Plan on being able to answer such questions as:

• What were the circumstances surrounding your illness or injury?
• How did your doctor treat it?
• What did your doctor tell you about your treatment? Did you follow your doctor's instructions?
• What happened to you?

Answers to these and other relevant questions become important if you think your doctor or other health care provider may have committed malpractice.

Like other personal injury claims, the case ultimately will either be settled or go to trial. To discuss the particulars of your possible malpractice case with an attorney experienced in this area, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Motorcycle Accidents

Every day motorcyclists are injured as a result of accidents on our roads and highways. Despite certain prejudices that may exist, motorcyclists are entitled to all of the same rights as other motor vehicle operators when using our highways.

If you have received personal injuries in a motorcycle accident, you may have a claim for compensation for your losses. These losses may include your medical bills, any lost wages due to your injuries, emotional and physical pain and suffering and for any permanent injury you may have suffered. You may also have a claim for the damage caused to your motorcycle. As with any claim for personal injuries, you should seek medical attention immediately, either at a hospital emergency room, with your family doctor, or at a walk-in medical center, depending on the severity of your injuries. If your injuries prevent you from returning to work, you should let your employer know why you are not able to return to work and obtain a doctor's note explaining your absence.

After obtaining any emergency medical treatment that you might need, it is in your best interest to contact an attorney as soon as possible. Do not give a recorded or written statement to anyone without speaking to an attorney first. He or she will assist in thoroughly investigating your claim and obtaining photographs of the accident scene and property damage, as well as statements from any witnesses while this evidence is still readily available.

For further information regarding your claim, or to discuss the particulars of your case with an attorney at this time, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

On the Job Injuries

Every year, thousands of Americans are injured in work-related accidents.

Whether the injury is minor, or is a permanently disabling injury, a worker is entitled by law to receive compensation for accidental injuries arising out of and in the course of employment.

Workers compensation laws require most employers to buy workers compensation insurance to cover medical expenses and to compensate injured workers for lost wages.

In return, employers are assured that an employee who suffers an injury will not be allowed to sue the employer for general damages.

If you should happen to be injured on the job, notify your employer immediately.

Notification will help to protect your legal rights and will also protect other employees from a potentially dangerous condition.

A lawyer can assist you in receiving all of the workers compensation benefits to which you may be entitled. In addition to your workers compensation claim, you may have a separate claim for damages, such as for pain and suffering, against someone other than your employer who caused the injury. This may be the case, for example, if you are on the job and injured in a motor vehicle collision caused by the negligence of someone other than your employer.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Settling a Claim

Settling a case means that you agree to accept money in return for dropping your claim against the person who injured you. You'll actually sign a release absolving the other side of any further liability. A lawyer will be able to negotiate your claim taking into account the nature and extent of your injuries, the amount of your medical bills and lost income, the present and future pain and suffering you have or will experience, and the nature and extent of any permanent injuries you may have sustained. He or she will also be able to assist you in determining whether a lawsuit will likely result in a greater recovery.

Settlement can also take place at any point, even after a lawsuit is filed, including before trial or even after a case has been tried, but before a jury reaches a verdict. The final decision to accept a settlement offer is, of course, always yours, not the lawyer's.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Wrongful Death

When one person's intentional act or negligent actions result in the death of another, a wrongful death has occurred.

Generally, the spouse, children, or parents of the deceased may bring lawsuits for wrongful death against the wrongdoers to compensate for the loss of wages or other support they would have received had the person lived. In addition, some states permit claims for mental anguish, emotional pain and suffering, loss of companionship, and the like, to be brought by a surviving spouse, parents of a deceased child, and children of a deceased parent.

Some states also allow “survival actions”, which permit the estate of the deceased person to sue for the conscious pain and suffering and mental anguish of the deceased, as well as the decedent's medical expenses, lost earnings, and funeral expenses.

Wrongful death suits are usually taken on a contingency basis — that is, the lawyer's fee will be an agreed percentage of the settlement or damages awarded if the case is successfully concluded.

But first the lawyer will determine whether the defendant has assets or liability insurance (or, in the case of vehicular death, uninsured motorist coverage) available to settle a claim or to pay any damages the court may order.

Laws governing this area of the law differ from jurisdiction to jurisdiction; but, all jurisdictions have statutes of limitations that establish the time limit in which plaintiffs can bring their lawsuits. Therefore, it is extremely important to contact an attorney promptly to discuss the applicable statute of limitations in the applicable jurisdiction to avoid your claim being barred forever.

The lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Pedestrian Accidents

A pedestrian who is injured due to someone else's negligence has a claim for compensation for his or her injuries and losses. A pedestrian usually has the right-of-way over motor vehicles while the pedestrian is in a designated crosswalk. However, even if you, or your child, were struck by a car in an area other than a crosswalk, you may possibly still have a valid claim if the other person was at fault.

As with any claim for personal injuries, you should seek medical attention immediately, either at a hospital emergency room, with your family doctor, or at a walk-in medical center, depending on how badly you were injured. If your injuries prevent you from returning to work or school, you should obtain a doctor's note explaining your absence.

After obtaining any emergency medical treatment that you might need, it is in your best interest to contact an attorney as soon as possible. Do not give a recorded or written statement to anyone without speaking to an attorney first.

A pedestrian's claim for personal injuries often raises questions of who was actually at fault. Did the accident occur in a designated crosswalk? What were the lighting and weather conditions? Were the vehicle's headlights on? How fast was the vehicle traveling? Is the injured pedestrian a child? Although all pedestrians are expected to be careful crossing the street, young children are not expected to be as careful as adults.

An experienced personal injury attorney will promptly investigate your claim, photograph the accident scene, and obtain any statements from witnesses while this evidence is still readily available. Your lawyer will help you to protect your rights, professionally and aggressively pursue your claim and, ultimately, help you to receive fair and just compensation for your injuries and losses. These losses may include your medical bills, any lost wages due to your injuries, emotional and physical pain and suffering and compensation for any permanent injury you may have suffered.

For further information regarding your claim for personal injuries, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.

Truck Accidents

If you have traveled on any major highway, you have probably noticed the astonishing increase in truck traffic. Commercial trucks cram onto the highway jockeying for position among passenger cars and rush to complete their routes on time. The trucks are often loaded to capacity, and may be poorly maintained, and/or driven by truckers who may be fatigued or who may have poor driving habits. Federal and State laws set up extensive requirements for trucking companies and their drivers. If you're involved in an accident with a tractor-trailer, you should contact a competent personal injury attorney immediately. When you're driving near an 18-wheeler, consider these safety tips. First, give the truck plenty of space in front.

The stopping distance for a large truck at 60 MPH is approximately 451 feet. Do not travel alongside a truck any longer than you must. If a car stops, or slows suddenly in front of a truck, the truck driver may whip over into your adjoining lane. Finally, if you see unsafe driving, always report it at once either to the phone number located on the back of the truck, or to the police.

If you wish to discuss a case with an attorney concerning an accident in which you were involved with a truck, the lawyers at Blank and Moorstein, LLP are here to help you find the best resolution to your legal issues. Contact our office today to speak with an attorney about your case.