On April 5th, the New Jersey Senate Judiciary Committee pushed forward Senate Bill S-1766, legislation which would expand the state’s wrongful death statute to allow for recovery of damages from “mental anguish, emotional pain and suffering, loss of society and loss of companionship.” Currently, the survivors who lost a loved one cannot be compensated for such emotional loss.

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On June 11, 2015, the Supreme Court of New Jersey reversed the Appellate Division’s decision in the Estate of Myroslava Kotsovska v. Saul Liebman case and held that the trial court was correct in awarding wrongful death benefits to the estate. In this case, Ms. Kotsovska was hired by Saul Liebman’s daughter to provide in home care for her father, who was 89 years old. She agreed to cook meals, do laundry and do light housekeeping in exchange for being paid $100 per day, cash. There was nothing in writing to formalize the agreement between the parties.

On December 8, 2008, Liebman and Kotsovska were running errands and stopped for lunch at a local diner. Liebman was driving. He dropped Kotsovska off on the sidewalk in front of the diner while he pulled into a parking space in front of where she was standing. Liebman accidentally pushed the accelerator, causing the car to pin Kotsovska against a wall. Unfortunately, she died from her injuries.

Ms. Kotsovska’s estate filed a wrongful death suit against Mr. Liebman, but did not file a workers’ compensation claim. Liebman argued that the case should be transferred to the Division of Workers’ Compensation for a determination of Kotsovska’s status as an employee versus an independent contractor. Mr. Liebman’s homeowner’s carrier stipulated that the accident arose from Kotsovska’s employment.


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A recent article in Insurance Journal lists the top 10 causes of workplace injuries based on 2012 Liberty Mutual claims data for injuries lasting six or more days.

The ranking is based on total workers’ compensation costs but it is interesting to note the leading causes of injuries in this study. If I were to

Personal injury attorneys are advocates for people who have been injured in an accident, whether it is a slip and fall, trip and fall, work related, car, motorcycle or recreational accident.  Our job is to represent the rights of the injured party, not the insurance company.  So, why do personal injury attorneys have such a

With the summer grilling season in full swing, you should take a minute and inspect your grill and grill cleaning brush, if you use one, before firing it up for your next barbeque. A small but serious (and painful) culprit has landed people across the country in emergency rooms and even emergency surgery over the past few years: tiny, metal grill brush bristles. The needle-like bristles come dislodged from brushes used to clean grills. Sometimes the bristles stick to the grill. The next time food is placed on the grill the bristles end up embedded in the meat or vegetables, which is then ingested by the unsuspecting barbecue guest.
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Many members of the general public find themselves closer than ever to seemingly safe and suitable reservoirs and other waterways for recreational activities. As the population density of the United States continues to rise, previously remote waterways and hydraulic structures are now easy to access and are neighbors to residential communities. Reservoirs, waterways and other areas near dams are popular locations for recreational activities. Further, new hydraulic structures which change the character of the waterway may appear to create new opportunities for recreation
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Recreational activities in rivers, streams and lakes are enjoyed by millions of Americans every year. Paddle sports and other water based recreational activities have dramatically increased in popularity over the past twenty years. The American Canoe Association reports that 202 million paddle trips occurred during 2012. It is estimated that at least fifty million Americans have experienced canoeing, kayaking and other paddle sports. Of these, at least four million people consider themselves avid paddlers. In addition, specific activities have surged substantially in popularity. For example, kayaking has experienced an exponential growth since the 1990s. It is expected that participation in kayaking, canoeing and boating will continue to increase. The barriers of entry to these sports have fallen. Kayaks, canoes and other craft are becoming less expensive and commonly available through “super” sporting good stores.
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