In response to more and more people texting and talking behind the wheel, penalties for distracted driving are going up. The intent of stiffer penalties in New York and elsewhere is discourage drivers from speeding down the highways with their attention directed elsewhere. The goal of the laws is to prevent distracted driving accidents and save lives. But how likely is it that stiffened penalties will have these desired effects? [Read more…]
Evaluation of Fibromyalgia
By Robert J. Osborne, Esq.
Fibromyalgia is a complex medical condition that involves widespread pain in the joints, muscles, tendons, or nearby soft tissues that has persisted for at least 3 months. When a person seeks disability benefits based on fibromyalgia, the Social Security Administration must evaluate that person’s symptoms to determine whether the person has an medically determinable impairment of fibromyalgia. As with all claims for Social Security disability benefits, a person must provide sufficient objective evidence to support a determination that the fibromyalgia so limits the person’s functional abilities that it precludes the person from performing any substantial gainful activity. [Read more…]
Earlier Sunsets Raise Driving Risks
It can take awhile to adjust to the end of daylight saving time. Less daylight means you are more likely to be driving in the dark, when visibility is lower, and facing a greater risk of auto accidents.
In the height of summer, it may not get dark until around 8 p.m. But in winter, the sun is on its way down well before 5 p.m., and the sky can be completely dark while you are heading home from the office. [Read more…]
Lawsuits Involving the Federal Government: How Long Do You Have to File a Lawsuit?
In New Jersey, when someone is involved in a personal injury lawsuit, they generally must file the lawsuit within two (2) of the accident date. N.J.S.A. 2A:14-2. When someone is injured involving a governmental entity such as the state or federal government, this time frame changes. In New Jersey, if you are involved in a personal injury lawsuit, you must file notice with the state entity within in ninety (90) days of the accident or you are generally barred from filing suit. You then must wait six (6) months while the entity conducts an investigation before you can file suit, still limited by the two (2) year statute of limitation. [Read more…]
Flood Insurance Costs Stun Property Owners
Most damage from Superstorm Sandy came from water, as homes, businesses and streets were flooded in its wake. Now the resulting changes to flood regions and insurance could significantly affect property owners, as NPR reported recently. [Read more…]
Thanksgiving: A Cornucopia of Injuries Waiting to Happen!
Superstorm Sandy: One Year Later
It’s been more than a year since Superstorm Sandy came ashore on the Eastern Seaboard. More than 365 days and still some families are not able to return home to begin rebuilding as they battle insurance companies and red tape. So, what’s been going on for the past year and where do we stand now? [Read more…]
Ground Zero Workers Still Suffering: Who’s Responsible?
It’s been more than 12 years since our nation was forever changed by the attack on the World Trade Center. For many people, the memories of that day are still clear. For some, it’s because they lost a loved one. For others, it’s because they were on the ground in the hours, days, and weeks following. Some of these men and women are not only dealing with the mental effects of the rescue, recovery, and clean-up efforts, but they are dealing with physical illness and injury, too. [Read more…]
The Liability of Alcoholic Beverage Servers
A person injured due to the negligence or intentional acts of an intoxicated individual is not limited to seeking damages from that intoxicated individual. In situations where the intoxicated individual was served alcohol while visibly intoxicated or was served alcohol while a minor, an injured person has recourse against the establishment that served the visibly intoxicated individual or minor. [Read more…]
New York Trucker Law Seeks to Stop Distraction Accidents
The federal government calls texting a “dangerous epidemic” on our nation’s roads. And when a truck-driver is the one distracted, the danger is especially great. Recently, the state of New York enacted a law to reduce texting behind the wheel by truckers and help prevent fatal truck crashes. [Read more…]
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