Stark & Stark

In December of 2010, Stark & Stark launched the Personal Injury Law Journal as a way to provide clients throughout the state of New Jersey with timely information, news alerts and commentary on recent case law. Our attorneys offer updates on a wide range of legal issues including motor vehicle accidents, wrongful death claims, birth injuries, medical malpractice claims and many more. In addition to written posts, the blog also features podcasts and video-podcasts, individual RSS feeds for each practice area and attorney author and information on upcoming speaking engagements and events.

Entries authored by Stark & Stark

Attorney Michael A. Brusca Authored Article in US1

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Pressure Ulcers- Catastrophic Negligence,” published in US1 on May 15, 2013.  The article discusses pressure ulcers, or bed sores, which many patients of nursing homes, asssisted living facilities, hospitals, group homes and rehab facilities develop.

Mr. Brusca how pressure ulcers are developed, as well as what needs to be done to prevent them, as they can be lethal if left untreated.

Mr. Brusca explains, "Pressure ulcers are evidence of neglect.  In fact, Medicare will not may for pressure wounds a patient develops in the hospital if the wound goes past Stage III- Medicare believes these should never happen absent neglect."  One of the issues many care facilities face is minimum staffing levels.  "Unfortunately, in these scenerios there is insufficient staff to make sure residents are appropriately repositioned and kept clean and dry.  The terrible outcome is pressure ulcers."

To read the full article, click here.

Attorney Michael A. Brusca Authored Article in New Jersey Law Journal

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Assisted Living Facility Litigation: An Overview,” published in the New Jersey Law Journal on May 6, 2013.  The article discusses how and why assisted living facility (“ALF”) litigation is on the rise.

Mr. Brusca explains that ALFs have become profitable for investors, which creates natural tension “especially when profit may be increased by decreasing staff levels and competence.”  There is a lack of a uniform and specific regulatory structure amongst ALFs, which could potentially lead to a significant variation in levels of care and service. 

Mr. Brucsa states, “ALF litigation is on the rise, and there is no inclination that this trend is likely to reverse.  However, understanding how to properly handle these complex claims is important to protecting your client’s rights.”

To read the full article, Click Here.

Shareholder Carin O'Donnell to Present Pennsylvania Bar Institute Seminar

Stark & Stark Shareholder Carin O’Donnell will be presenting at the seminar “How to Conduct am Effective Direct and Cross Examination,” through the Pennsylvania Bar Institute.  The seminar will be held at the PBI Conference Center in Mechanicsburg, PA on Tuesday April 23, 2013 at 9:00am, and at the CLE Conference Center in Philadelphia, PA on Tuesday, April 30, 2013 at 9:00am.  Attendees can earn up to three substantive CLE credits and one ethics CLE credit.

The seminar will discuss the must-do approaches and the pitfalls to be avoided when questioning a witness in a mock direct and cross-examination.  Attendees will learn how to capture the attention of everyone in the courtroom and discover how to enhance the impact of a witness’s testimony and get the desired effect on the court and/or jury.  Topics that will be covered include the beneficial questioning of witnesses, overcoming evidentiary issue hurdles, keeping the rapt attention of your audience, preparing your witness to present their “story”, and organizing and structuring your performance in the courtroom.

For more information, including details about tuition, click here.

Department of Transportation's Federal Motor Carrier Safety Administration News

Stark & Stark Shareholder Wins $1.5M Settlement for Client Suffering from Mild Traumatic Brain Injury

Stark & Stark Shareholder Bruce H. Stern was featured in the March 11, 2013 edition of the New Jersey Law Journal section of “Suits & Deals” for his recent victorious settlement of $1.15M.  His client, Edward Condiracci, slipped, fell and hit his head on snow covered ice, leading to mild brain trauma.  Side effects from the injury, which included diminishing his concentration ability, prevented Mr. Condiracci from being able to return to work.  He was an employee and 10 percent owner of Electronics Design Group, but was forced to sell his shares in the company and retire.  The two defendants, Jeremy Halpern, the homeowner, and JW Custom Homes LLC of Newfoundland, the construction company at the home, were both held equally responsible for the injury.  

To read the full article, click here.

Stark & Stark Shareholder Bruce Stern Blogs About Recent Verdict in Favor of Client

A Burlington County jury recently returned a verdict in favor of Stark & Stark Shareholder Bruce Stern’s client.  The verdict found that the Florence Township Board of Education and its school bus driver were partially responsible for an incident that occurred in 2009 in Florence Township, New Jersey.  Stern’s client was stopped on a street corner while on his bicycle when the bus driver drove the right rear tire of her school bus over his left foot when making a turn.  

While the Florence Township Police investigating police officers determined that Mr. Singh had lost control of his bicycle on the sidewalk and rolled into the street at the time of the accident, Mr. Stern retained an accident reconstruction expert as well as an orthopedic surgeon who, based on science and medicine, were able to determine that his client was at a complete stop, straddling his bike with his left foot in the crosswalk.  With this new evidence, Mr. Stern argued that the defendant school bus driver was negligent in failing to make observations as she turned her vehicle.  

The jury agreed that the plaintiff and the defendant school bus driver were both equally at fault, and the plaintiff was entitled to recover half of his damages.  

To read the full article, please click here.

Stark Shareholder Featured in Article for His Involvement with Community Fundraiser

Tyler Tomlinson, Shareholder in Stark & Stark’s Accident & Personal Injury Group, was featured in the article Volunteer turn out, Byers’ Choice Kicks in $25k to help save Kids Castle in The Reporter on January 6, 2013. The article discusses the community movement to save Kids Castle, a large and incredible playground in Doylestown, PA which is in need of being restored and maintained. Tomlinson is the Save Kids Castle community liaison who helped coordinate this fundraiser.

Over 100 volunteers, families and children attended an event on December 8th, which helped spread the word about the fundraising challenge. Since then, over $50,000 has been raised, helped largely by a $25,000 matched donation by Byers’ Choice Ltd.

Mr. Tomlinson said, “It is heartwarming to see the community come together to revitalize such a magical place for our children.” He went on to explain, “Because of the efforts of the community, and the generosity of Byers’ Choice, we only need to raise an additional $100,000 by March 31 in order to fully renovate and restore the iconic castle with new play features.”

Donations for Save Kids Castle will be accepted through the website www.SaveKidsCastle.org.

To read the full article, click here.

 

Stark Shareholder Featured in Article for his Award for Service from the Mercer County Bar Association

Albert M. Stark, Shareholder in Stark & Stark’s Accident & Personal Injury Group, was featured in The Trentonian newspaper for his recent honor of being presented with the prestigious Michael J. Nizolek Award for Service by the Mercer County Bar Association at its annual Foundation Dinner Dance last month. 

The award, which honors and recognizes an individual for unselfish contributions to both the legal profession and community, was created in 1995 in memory of Michael J. Nizolek who served as a past-president of the Mercer County Bar Association.

The article states that Mr. Stark “has pioneered the use of video and demonstrative evidence in the courtroom, and his victories have led to safer cars, bicycles, recreational vehicles, industrial equipment and roads. He has received awards recognizing his expertise, advocating for people with brain, spinal cord and burn injuries.” 

You can read the full article here.

 

 

Protecting Insurance Claims Resulting from Hurricane Sandy

We hope that you and your family and friends are safe and secure.  As the recovery from the destruction caused by Hurricane Sandy continues over the coming weeks and months please know that we stand with you, ready to assist in every possible way.  Please do not hesitate to contact any of our attorneys and let them know what can be done to help you or your family.

Michael Donahue, Esq., Stark & Stark shareholder and Third Vice President of the New Jersey Association for Justice (NJAJ) Board of Governors has shared some helpful information that he received from The American Association for Justice.  The AAJ has developed a list of consumer tips to assist you with protecting your rights under your homeowners or small business insurance policy.  To read this information Click Here.

The Privacy Dangers in Workers' Comp

Arthur Kravitz, Shareholder in Stark & Stark’s Workers’ Compensation Group, was quoted in the April 6, 2012 Lawyers.com article, The Privacy Dangers in Workers’ Comp. The article discusses the fact that when someone is injured at work, their privacy, in relation to their medical history and personal life, is often times invaded by insurance companies looking for evidence that can be used to deny their workers’ compensation claim.

Mr. Kravitz states, “What we’re seeing now are requests to rifle through records going back 10 or 20 years that often have no relevance to the claim. The second major privacy issue with workers’ compensation is the increasing use of social networks to investigate claimants. In some cases, insurers are even asking for the passwords to their claimants’ private Facebook accounts.”

You can read the full article online here.

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