$50,000 Recovery - Fall Exiting Bus - Torn Medial Meniscus

Victory for Senior Citizen who injured her knee as a result of a fall after exiting bus from Atlantic City.

RE: Elaine Critelli v. HOLUALOA Whiting, LLC, a New Jersey Limited Liability Company, HOLUAOLOA Arizona, Inc.; Kay Realty Services, LLC; Smitty’s Market, LLC t/a Super Foodtown of Whiting, New Jersey; Foodtown, et.als.

Docket #:  MON-L-2824-11, Defense attorney John W. Williams, Esq. Of Wilson, Elser, Moskowitz, Edelman & Dicker, LLP.

Plaintiff, Elaine Critelli, received a $50,000.00 recovery for knee injuries in a fall which occurred on June 17, 2009.  The plaintiff had went to Atlantic City with some friends.  The bus picks senior citizens up and drops them off at the Foodtown located in Whiting, New Jersey.  The plaintiff exited the bus at the Foodtown and walked approximately five (5) steps and tripped and fell on an approximately 3" elevated portion of the sidewalk falling directly onto her knee.  The plaintiff did not report the injury initially.  She did go into the Foodtown and the defendants have a surveillance tape of her shopping in the store while she waited for her ride to pick her up.  Plaintiff’s counsel argued that the surveillance video does show her lifting up her pant leg at one point and rubbing her knee consistent with her sustaining a knee injury.  Over the next couple days, the seventy-two (72) year old plaintiff’s knee swelled and became black and blue.  She went to an orthopedic surgeon, Dr. Robert Grossman, an ultimately had a MRI which showed a torn medial meniscus.  Plaintiff underwent physical therapy.  She never had the recommended surgery due to other complications including Non-Hodgkin’s Lymphoma diagnosis and multiple bouts of Cellulitis.  The case settled after the plaintiff’s deposition for $50,000.00.   

Substantial Recovery For One Vehicle Rollover Car Accident

$690,000.00 RECOVERY FOR ONE VEHICLE ROLLOVER ACCIDENT ON GARDEN STATE PARKWAY ON NEW YEARS EVE RE: James Farmer v. Redland Insurance Docket #: MON-L-3272-11               Mediation Date: 2/29/12 Mediator Retired Judge: Bette Uhrmacher On New Years Eve, December 31, 2009, at approximately 7:00 a.m., Jim Farmer, a 41 year old Regional Sales Manager and father of 3, was on his way to work on the Garden State Parkway.  It had been snowing that morning and was snowing at the time of the accident.  As the plaintiff was proceeding northbound on the Parkway near mile marker 97.8 in Wall Township he alleges he was cutoff by an unknown vehicle which entered his lane causing the plaintiff’s 2008 Toyota Tacoma Pickup Truck to go into a 360 degree spin striking the guardrail and flipping over several times on its roof.  There was no contact between plaintiff’s vehicle and the unknown vehicle and that vehicle never stopped nor was it ever identified.  There was also no witnesses to the accident.  The plaintiff pursued an uninsured claim against the insurance carrier insuring his employer’s pickup truck that he was in at the time of the accident.  The insurance carrier defended on the basis that the accident did not and could not happen the way the plaintiff says that it happened and that his own negligence in traveling too fast and not controlling his vehicle on a snowy and icy road is what caused the accident.   In the rollover accident the plaintiff sustained a serious foot and ankle injury including left open ankle fracture, left calcaneus fracture, along with a severe laceration to the dorsum of the foot and the structures of the foot.  He required multiple procedures from an orthopaedic surgeon, vascular surgeon and plastic surgeon to repair the damage to his foot. The plaintiff did make a substantial recovery from the initial injury but is left with permanent drop foot, loss of sensation and loss of muscle power in his left foot and ankle along with substantial scarring.  The case proceeded to Mediation before Judge Bette Uhrmacher on February 29, 2012.  The case settled after the Mediation proceeding for $690,000.00.

Victory for Car Crash Plaintiff

FIFTY-THREE (53) YEAR OLD LANDSCAPER OBTAINS 99% LIABILITY VERDICT AGAINST DEFENDANT

 RE: John P. LaStella v. Raymond Graham

Docket #: MON-L-4681-09
Date of Trial: January 30, 2012 and January 31, 2012

A Monmouth County Jury returned a verdict on January 31, 2012 in a liability trial 99% against the defendant and 1% against the plaintiff.  The parties had agreed to stipulate damages at $85,000.00.  The defendant had $100,000.00 policy with Allstate Insurance Company.

On Wednesday, April 2, 2008 at approximately 11:00 p.m., the plaintiff, John P. LaStella, was operating a Dodge Ram pickup truck owned by his lawn care company LaStella Lawn Care and Landscaping.  The plaintiff claimed that the defendant, Raymond Graham, who was from out of the area and operating his 1994 Ford in front of the plaintiff’s vehicle, moved his vehicle to the left in the one lane roadway indicating that he was going to make a left hand and then suddenly made a sharp right hand turn in front of the plaintiff.  The defendant claimed that the plaintiff tried passing him on the right while he was making a right hand turn. 

The plaintiff alleged a cervical bulge and lumbar herniation.  He received mostly chiropractic care for about five (5) months after the accident.  He had one epidural injection in his cervical spine and one in his lumbar spine.  The parties stipulated damages of $85,000.00 out of the defendant’s $100,000.00 policy limits and agreed to try the case on liability only.

Judge Paul Kapalko presided over a jury trial on January 30, 2012 and January 31, 2012 and the jury returned a verdict of 99% against the defendant and 1% against the plaintiff.  Accordingly, a judgment was entered for the plaintiff in the amount of $85,000.00.

The plaintiff was represented by John G. Mennie, Esq. of the Law Firm of Schibell, Mennie, & Kentos, L.L.C. and the defendant, Raymond Graham, was represented by Sean Doherty, Esq. who is in-house counsel for Allstate Insurance Company. 

5 Most Common Places for Car Accidents in Monmouth County

An auto accident takes place in the U.S. about once every 5.2 seconds, according to SafeAuto.com.

Safety is a primary concern for anyone operating a motor vehicle and an important part of being safe is knowing where extra precautions should be taken to prevent accidents.  By understanding where and when the largest concentrations of car accidents occur in Monmouth County, New Jersey, you can actively practice safer driving to avoid becoming a statistic.

According to the New Jersey Department of Transportation, in 2010, over 21,000 car accidents occurred in Monmouth County, NJ.  The second highest county resulting in car accidents and number of motor vehicle-related fatalities, according to statistics released by two county prosecutor's offices. 

The majority of these car crashes occurred on streets with four or more lanes, no median strip, and no shoulder.  A significant number of crashes also occur on streets with four or more lanes, a grass median, and no shoulder.  Statistically, accidents happen nearly twice as often with the absence of a shoulder along a street.  The least number of accidents occur on streets with four or more lanes, a barrier median, and a shoulder.

The 2 to 4 lane highways that run through Monmouth County include, Route 9, Route 18, Garden State Parkway, Route 34, Route 36, Route 70 and Route 537. Some sections of these highways have no median or a grass median,

In summary, the top 5 places car accidents take place is on roads in Monmouth County with:

1. Four or more lanes, no median, and no shoulder.
2. Four or more lanes, a grass or curb median, and no shoulder.
3. Three lanes with no shoulder.
4. Two lanes with no shoulder.
5. Four or more lanes with no median and a shoulder.

One last important note regarding car crashes: At least 28% of all traffic crashes – or at least 1.6 million crashes each year – involve drivers using cell phones and texting. Accidents resulting from cell phone use are evenly distributed between in-hand and hands-free models.  Always remember to practice proper motor vehicle safety regardless of what type of road you’re driving on.

Being involved in a car accident can turn your life upside down. It is important to know you have an attorney you can call and count on during such an urgent and difficult time. The personal injury lawyers at Schibell, Mennie & Kentos offer expert legal services for individuals who have been injured due to a car crash in Monmouth County. Learn more about them>>

 Have a question about Car Accidents? Click Here

 

What should I do if I am injured at work?

Whether you are a construction worker or work in an office, if you are injured at work, immediately report the accident to your employer and seek medical treatment from an employer authorized doctor.  When you get injured at work there are actions you need to take, as soon as possible, which are required by New Jersey Workers’ Compensation, our state’s program that provides for paid medical treatment, temporary disability payments, wage replacement and permanent disability compensation to employees who suffer job-related injuries or illnesses, and death benefits to dependents of workers who have died as a result of their employment.  The goal is to complete these actions required to substantiate a claim for Workers’ Compensation so that your claim is well supported and is not subject to challenge merely because you did not follow the rules. Follow these rules when you are injured at work: Note: If you are severely injured, call an ambulance or go to the local hospital emergency room immediately. Retain copies of any medical reports. Notify your employer as soon as possible. To protect your rights and receive benefits as quickly as possible, do not delay in reporting work-related injuries. Notice may be given to your employer, supervisor, human resources or anyone in authority at the employer's place of business. If you are so severely injured that you cannot contact your employer, ask another employee to assist you. If no one is available, try to call the police.  Fill out an incident/accident report as soon as possible. Your employer should provide this paperwork. If your employer doesn’t provide a report an attorney can help you complete one. Notice does not have to be in writing, but it is beneficial to document your incident. If there are witnesses, note that so their statements can be included in the report. Ask for medical treatment as soon as possible. If you need medical attention, apart from going to the ER, you need to obtain all your medical treatment from physicians pre-authorized by the workers compensation insurance carrier or you may get stuck paying for the medical bills. Ask your employer for medical attention at the time you are hurt. Retain copies of any medical reports.  In the event your employer denies treatment you should contact an attorney. The New Jersey Workers’ Compensation law is complex and not all work-related accident claims are covered by Workers’ Compensation. There are many instances, which may cause you to be disqualified from these benefits, but they depend on the facts surrounding your particular accident. That is why talking to a lawyer who specializes in NJ Workers' Comp laws will only benefit you. At Schibell, Mennie & Kentos Law Firm, we specialize in Worker’s Compensation claims. We inform and educate our clients about the system, how long their specific case may take and the potential risks and benefits involved at every stage of their workers' comp litigation. If you need help, don’t wait! Contact us immediately for a free evaluation of your Workers’ Compensation Claim.

What to do if I am asked to take a breathalyzer test by an officer?

How long does it take to resolve a personal injury case in NJ?

It generally takes between 1 to 3 years to resolve a personal injury case. 

A personal injury case should not be evaluated or settled until it is determined whether the injured party has a permanent injury.  The compensation that lawyers obtain for their clients is for past, present and future pain and suffering, disability and impairment and the effect upon the quality and enjoyment of life.

Medical evidence is an important part of any personal injury case. 

Most doctors agree that they cannot give an opinion on whether an injury is permanent until at least 6 months to a year from when an individual is done treating and their condition has stabilized.  Accordingly, lawyers who have knowledge and experience in handling personal injury cases know that they cannot properly evaluate a case until they can get a specific report from the doctors giving their opinion within a reasonable degree of medical probability whether an injury is permanent and will cause some permanent pain and discomfort and restrictions on an individuals activities for their life expectancy.

Every case is different and the length of time that it takes to resolve a case depends upon many variables including:

• the nature and extent of the injury;
• the length of treatment and number of doctors involved in the care and treatment;
• how many defendants are responsible;
• whether there is a claim that the injured party could have avoided their own injury; and
• the amount of insurance coverage. 

Lawyers for injured parties generally take cases on a contingent basis and therefore have the same interest as their client in trying to get an expedient resolution of the claim.  Unfortunately, insurance companies and their defense counsel have a different objective.  Their objective is to delay, deny and defend.  That is why you should choose a lawyer who has considerable experience in this field and whose reputation and results are known by insurance companies and defense attorneys.

Motorcycle Safety in New Jersey

Sun’s out, surf’s up, and you’re revved up and ready to hit the road…but before you do, it’s important to remember a few facts about motorcycle safety and insurance coverage.

Accident statistics show that motorcyclists are ten times more likely to be injured--and a whopping 35 times more likely to die--than passengers in a car crash. However, motorcycle accidents are on the rise, given motorcycles’ increased popularity over the past several years. More than half of all motorcycle accidents involve other vehicles and occur at intersections where the driver doesn’t see the motorcyclist. And more than two-thirds of motorcycle crashes result from excessive speed, but do not involve another vehicle. A motorcyclist’s best defense against injury includes wearing protective clothing and a helmet (in New Jersey, a DOT, FMVSS 218-approved helmet is mandatory), obeying the laws, and driving defensively.

Clearly, motorcycle insurance is of paramount importance. A qualified insurance broker or agent can advise which coverage is best, based on your individual situation. A standard policy covers liability and property damage (your responsibility for injuring another party and/or damage to another’s property.) It also includes uninsured/underinsured (this guarantees coverage for your injuries if the other party either has no insurance or insufficient insurance to fully compensate you), collision (vehicle repair regardless of who is at fault), comprehensive (covers theft and/or damage caused by vandalism, flood or fire). Traditionally, your medical bills incurred as a result of a motorcycle accident, would not be covered like a motor vehicle, but NJ laws have changed in the past couple of years. Now you can purchase medical coverage, at an additional cost, if you don’t have major medical. Speak to your insurance broker regarding this.

Some Important Do’s and Don’ts:

• Don’t discuss your accident or injuries with anyone except your doctor or your insurer’s assigned Property Damage Adjustor

• Don’t give written or recorded statements to anyone—especially insurance company representatives

• Do tell your Property Damage Adjustor about motorcycle damage, car rental, storage and towing costs

• Do lower damages on a towed vehicle by asking the storage yard to “release” your motorcycle to the insurance company, or to move it to a “fee free” location

• Do follow your doctor’s advice and don’t omit any information about your injuries so that all information is included in your medical records

• Do keep all doctor’s appointments, so as to avoid any “gap in treatment” which could reduce the value of your case

• Don’t sign any “quick settlements” offered by an insurance company without at least consulting an auto accident attorney first

• Do contact an auto accident attorney immediately if the insurance company treats you unfairly

• Do keep track of all medical bills and expense

• Do insure that your health insurance pays for all your medical bills to avoid being held personally responsible for paying them

Do obtain and preserve the following documents and evidence:

• Photographs showing your visible injuries and damage to your motorcycle
• Your motorcycle Repair Estimate, which includes your deductible
• Your Health Insurance Card (front and back)
• Your Motorcycle Liability Insurance Declaration Page
• Names, addresses and phone numbers of any witnesses
• All medical, emergency room, hospital, and ambulance bills
• Any collection or late notices relevant to your case

Remember, safe is always better than sorry when it comes to motorcycles. While obeying the laws, driving defensively, and being properly equipped can help prevent accidents, when they do occur, it’s a well thought out insurance policy that can be the true life-saver.

At Schibell, Mennie and Kentos Law Firm we are specialized in handling motorcycle cases. We appear and sponsor numerous motorcycle events in the area. The next one is June 26th at The Cabin in Howell, NJ [March of Dimes event]. Come join us. We can answer any questions you might have.