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Landmark Ruling Issues by New Jersey Superior Court

Posted by David Brown 
· July 27, 2021 

Recently, the Supreme Court in the state of New Jersey entered a significant decision that could change the way the law is interpreted when it comes to disability discrimination. If employers fail to accommodate claims under New Jersey’s Law Against Discrimination (LAD), then the employer could be held responsible in a court of law. Employers are responsible for accommodating disabilities; however, this could be at odds with the current interpretation of the Americans with Disabilities Act (ADA). Therefore, this case could be far from over.

In this case, the plaintiff was a science teacher who taught at a local school. This is science teacher is a type 1 diabetic. She was looking for a change in her assigned lunch period to better accommodate her blood sugar levels. Unfortunately, the school refused to honor this request during one semester. Therefore, she was required to eat lunch at a later time. Because of this later lunch period, she suffered a hypoglycemic event. This means that her blood sugar levels dropped dangerously low, causing her to sustain a personal injury.

First, she obtained workers’ compensation benefits to help her cover some of the expenses related to her medical injury. After this, she filed a complaint with the New Jersey Superior Court. She sought damages related to her emotional distress, physical injuries, and pain and suffering. She stated that her employer did not accommodate her disability claim, which was to have her lunch slot moved to an earlier time to avoid this exact hypoglycemic event.

It is the prevailing interpretation of the law that employers are supposed to do what they can to accommodate the disabilities of their employees. At the same time, there is some debate surrounding what constitutes a “reasonable” request. In this case, the court decided that the request of the teacher was reasonable and that the school system did not accommodate her request.

On the other hand, the decision might break with the current interpretation of the Americans with Disabilities Act (ADA). Therefore, the school might decide to appeal the ruling and seek an interpretation that is more in line with this act. It will be interesting to see where the case goes from here. It could have an impact on similar cases in the future.

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Personal Injury Claims Are Dropping During the COVID-19 Pandemic: What Does This Mean?

Posted by David Brown 
· July 22, 2021 

The coronavirus pandemic has had an impact on individuals, families, and small businesses all over the world. Every industry of noticing a shift as a result of the pandemic, and this includes the legal field. Prior to the pandemic, personal injury cases were a significant part of the legal industry. Even though they are still important, personal injury cases have been dropping during the coronavirus pandemic. It is important to take a closer look at the reasons why, and understand what this means for the future.

Because of the coronavirus pandemic, people are not leaving their homes as often. They are not going to businesses, they are not driving to work, and they are not running errands around town. As a result, there are fewer situations where an accident might take place. If accidents are not taking place at a high rate, then there are not as many people getting hurt. Even though this is a good thing, it also has an impact on the frequency with which personal injury cases are filed.

So, what does this mean for the future? Unfortunately, the coronavirus pandemic is something that is still very much with us. Even though it is good news that a lot of people are getting vaccinated, it is also true that the virus is mutating quickly. Therefore, as variants continue to spread, some countries may have to lock down a second or third time. If countries have to lock down again, people may not be traveling for the foreseeable future. This could reduce the rate at which accidents take place.

Eventually, countries are going to open back up again. People may continue to work from home; however, some people are going to return to the office. Families are going to run errands around town again, athletic events are going to start, and people are going to visit businesses. Therefore, if someone gets hurt in an accident, it is important to seek medical care as quickly as possible. Then, it may be helpful to speak to a personal injury professional to assess all options available. Everyone deserves to have their rights defended by an experienced legal professional, particularly following a serious injury.

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Taxes: Do You Pay on Your Personal Injury Settlement?

Posted by David Brown 
· July 20, 2021 

There is a saying that the only two things in life you cannot avoid are death and taxes. As a part of living in this country, you have a responsibility to pay your taxes; however, you should not pay any more in taxes than required by law. If you have been injured in a motor vehicle accident, you probably will rely on a personal injury lawyer to make sure your rights are defended. The purpose of your personal injury settlement has to cover the cost of your medical expenses, replace any property that may have been lost, and make you financially whole again. When your check hits the bank account, you may be wondering if you have to pay taxes on this money.

First, understand that if you have questions or concerns about taxes, you should reach out to a tax attorney or tax professional who can help you. At the same time, you probably will not have to pay taxes on the money you receive from your personal injury settlement. If your money is being used to cover medical bills, physical injuries, and property damage, then you should not have to pay taxes on it. On the other hand, if you are receiving money due to emotional damages, then you may have to pay taxes on that amount. Furthermore, if you are awarded money for punitive, then you may have to pay money on this as well.

Finally, if you receive money that is designed to replace income due to lost wages, then you probably will not have to pay taxes on this. It depends on how the settlement is worded, which is why you need to rely on the help of a personal injury professional. In the vast majority of car accidents, you will probably not receive money for emotional damages. Therefore, there is a low chance you will have to pay taxes on the settlement you receive. At the same time, you do need to work with a trained tax professional if you have specific questions or concerns about your settlement award. That way, you do not find yourself in the crosshairs of the IRS. Reach out to a trained tax adviser to learn more.

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What Is the Relationship Between Housing and Health?

Posted by David Brown 
· July 15, 2021 

When people think about the quality of their health care, they usually do not think about their housing situation; however, there is an inextricable link between the quality of housing and the quality of someone’s overall health. This makes it very important for everyone to understand how the quality of their house and could be impacting their overall health. There are several key points to keep in mind.

For example, a lot of people who live in low-quality housing may be living in homes that have been built using lead paint or lead pipes. This exposure can have an adverse impact on someone’s overall health. In addition, the presence of lead can also have a significant impact on the development of children. Therefore, it is essential for everyone to get a full inspection before they move into an unfamiliar location.

It is also important for people to understand that homes that have a lot of mold and mildew can also have a variety of health impacts. For example, if someone is exposed to black mold, this can lead to serious health impacts that could place someone in the hospital. In addition, the spores released from mold and mildew can also seriously impact people with seasonal allergies or asthma. Homes that have a lot of dust, can also wreak havoc on someone’s allergies or asthma. People with chronic medical conditions need to be very careful when they assess the quality of the air in their homes. If the air is not high quality, this can lead to serious health impacts. This is particularly true if someone is exposed to asbestos, which can lead to chronic medical conditions, including lung cancer. Therefore, everyone has to make sure they are living in a safe condition.

People who are renting their homes or apartments may be at the mercy of someone else. At the same time, their landlord is required to provide them with a safe living environment. Consequently, it is crucial for everyone to reach out to their landlord with any questions or concerns. Finally, anyone who is concerned that their needs are not being met should also reach out to a trained legal professional to see what their options might be.

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An Overview of Expected Services from a Personal Injury Lawyer: What You Deserve

Posted by David Brown 
· July 13, 2021 

It can be stressful when someone realizes they require the assistance of a trained legal professional. One situation could involve injuries following a motor vehicle accident. If you have been involved in a serious motor vehicle collision, you could be facing mounting medical bills. This could be made worse if you cannot return to work. If you have been injured due to the fault of someone else, then the other person could be held responsible for your medical bills. To make sure your rights are adequately defended, you may want to enlist the services of a professional personal injury lawyer. What services should you expect from your lawyer?

First, your lawyer should be your strongest supporter. You deserve to have the ability to focus on your recovery. To make that happen, you should rely on a personal injury lawyer to handle your other issues, including the navigation of the court system. The first thing your personal injury lawyer should do is make you aware of your rights. That way, you understand every option you have at your disposal. Then, your personal injury lawyer should provide you with unbiased advice, walking you through each step of the legal process.

Importantly, there is a large amount of paperwork that is going to be filled with medical and legal jargon. You should expect your personal injury lawyer to act as a translator, explaining everything that is about to happen. That way, you can make the best decision for your needs based on this information.

Finally, your personal injury lawyer should also act as your representative as numerous investigations unfold. Your personal injury lawyer will represent you when you interact with judges, opposing counsel, and a variety of experts. Then, your personal injury lawyer should provide you with an estimate of what your case is worth. Even though it will be up to you whether to take your case to trial, settle, or allow it to be dismissed, your personal injury lawyer should provide you with advice. That way, you can place yourself in the best position possible to be successful. Rely on a personal injury lawyer to help you if you have been injured in a motor vehicle accident.

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Is Litigation leading To New Research in the Field of PFAS: An Overview

Posted by David Brown 
· July 8, 2021 

There are a lot of things in life that people take for granted. One of them is access to clean, safe drinking water. Unfortunately, many people across the United States do not have access to clean drinking water. One of the priorities of the Environmental Protection Agency (EPA) under the Biden Administration is to regulate the looming problem of PFAS, which stands for perfluoroalkyl and polyfluoroalkyl substances. This is a large group of chemicals that accumulate in the environment instead of breaking down spontaneously. These chemicals are commonly found in drinking water sources, our food sources, and even the air.

There are numerous reasons why this specific chemical can be dangerous; however, one of the biggest issues is that PFAS can lead to cancer. A few decades ago, the EPA started to investigate these substances for the first time. Throughout the years, a lot of information has been uncovered showing that these chemicals are incredibly harmful to the health of human beings. Now, there is a comprehensive regulatory scheme being developed to address this growing issue. It might even be possible for the courts to step in and do something about this problem.

Importantly, PFAS are not the first chemicals to lead to a flurry of lawsuits. These lawsuits fall under a category called “toxic torts.” While these lawsuits do not come on the heels of changes in government regulations or academic research papers, the litigation itself has led to new findings that could spawn research. In essence, litigation is leading to new research instead of the other way around.

Now, the companies that are responsible for introducing these chemicals into our water supply are under fire. It is incumbent on them to do something about it, or, they could find themselves in court facing a flurry of lawsuits. It will be interesting to see if plaintiffs have the ability to force these companies to change their actions. Hopefully, something will be done about them sooner rather than later. The health of the country depends on it because everyone deserves to have access to clean drinking water, and plaintiffs could be the ones driving the changes this country deserves.

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Psychiatric Issues and Mental Health Problems: What Is the Responsibility of the Employer in This Situation?

Posted by David Brown 
· July 6, 2021 

Recently, an increased amount of attention has been paid to mental health issues. Everyone needs to have access to a trained mental health professional who can manage issues such as depression, anxiety, and bipolar disorder. Now, it appears that mental health issues are making their way into employment law as well. Recently, a High Court made an important decision in dismissing a wrongful termination case brought by a former employee.

An employer dismissed a former employee when that individual assaulted a colleague at work. In response, the former employee filed a lawsuit against the company. The lawsuit alleged that the plaintiff broke down because he was overworked, physically ill, and mentally ill. The individual also claimed that the defendant was responsible for his mental health issues. The individual was seeking damages related to personal injury due to an adverse impact on his mental health and physical well-being brought on by poor working conditions.

The judge decided to dismiss this case. The judge stated that the defendant was unable to prove that the employer should have known he was suffering from pre-existing psychiatric conditions. Therefore, the defendants were granted summary judgment and the case was dismissed. Even though the individual filing the lawsuit may have proven that he was suffering from mental health issues, he was not able to prove that his employer should have known that he was suffering from these issues. As a result, there was no way his employer should have altered his working conditions due to his pre-existing mental health conditions and diagnoses.

Employees need to disclose pre-existing physical and mental health issues to their employers. That way, their employers may be able to take steps to better accommodate their health issues. It is not necessarily the responsibility of employers to ask employees whether they are suffering from pre-existing conditions. Instead, employees need to voice their concerns to make sure they can be accommodated. As this recent dismissal indicates, individuals who break down due to mental health issues at work might not necessarily be able to bring a case of wrongful treatment or wrongful termination against a former employer.

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The Rise of Artificial Intelligence: How Is This Going To Impact Your Personal Injury Case?

Posted by David Brown 
· July 1, 2021 

During the past few years, artificial intelligence technology has come a long way. When people think about AI, they usually envisioned a video game that can play using a next-generation console. Now, artificial intelligence is making its presence felt in the world of car accidents as well. If you have been involved in a motor vehicle accident, you might want to work with a personal injury lawyer to make sure your rights are defended. If the accident was not your fault, then you may be able to hold someone else responsible for your medical bills. On the other hand, artificial intelligence could be your adversary when you set foot in a courtroom.

Now, artificial intelligence could determine how much your case is worth. In the past, you would rely on an experienced legal professional who would take a look at your injuries, your accident, and tell you how much money you should expect. Now, artificial intelligence is taking over this role. AI technology could be responsible for telling you how much your pain, suffering, and disability are worth. Instead of relying on a compassionate attorney, the unbiased, emotionless, and merciless advice of artificial intelligence could place a limit on the amount of money you can win.

Even in the courtroom, you may confuse artificial intelligence with a judge wearing a black robe. In many circumstances, artificial intelligence can tell you exactly how a certain judge is going to rule. Therefore, lawyers may try to get your case in front of a specific judge to maximize your settlement. Artificial intelligence can even predict which lawyers and law firms are going to help you get the best financial settlement possible. As a result, artificial intelligence is going to play a role in car accident settlement cases moving forward.

If you have been injured in a car accident, you need to work with a personal injury professional who is familiar with the impact of artificial intelligence concerning personal injury settlements. That way, you have access to all the information you need before you set foot in a courtroom. Count on a personal injury lawyer to help you navigate the world of AI.

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Are Medical Bills Covered After an Accident?

Posted by David Brown 
· May 20, 2021 

If you are injured in an accident, you might wonder if your medical bills are covered. This is a very valid concern. In some cases, you might need a personal injury attorney to help you with your case. If you have been injured in an accident, there is a chance that you are entitled to compensation from the responsible party. The amount of compensation will vary, depending on the specific situation, but there are certain factors that will make up the total amount of compensation. These factors include lost wages, physical damages, pain and suffering, and medical expenses. In addition, you need to make sure that in order to collect to your compensation, you file a claim before the statute of limitations is up. In the majority of states, you need to file a personal injury case within two to four years of the claim, although you should look at the rules in your states to see what actually applies to you.

However, it is important to know that if you get into some sort of accident, you are generally the one who is going to be responsible for your medical bills as they are incurred. Typically, the only exception is going to be a car accident that has taken place in a no-fault state or an accident that involves medical payments coverage. The person who injured you, even if clearly at fault, will not have to pay your medical expenses on an ongoing basis. The only way they are going to be responsible for your medical expenses is paying your damages if they are found to be at fault in a courtroom. However, you may not receive this compensation until much later.

If the car accident has happened in a no-fault state, your own insurer will pay some or all of your medical expenses, until they exceed the no-fault limit of the state, at which point you will be responsible for the remainder. You will have the option of filing a traditional liability claim against the at-fault driver, but this will probably take some time to resolve.

If you get into an accident in a state without no-fault insurance, you are generally going to be responsible for your own medical bills, unless you have medical payment insurance coverage. If you do, the coverage will help you up to the policy limit, and then you will have to pay the rest.

If you are involved in a premises liability or slip and fall accident, the injured person is generally responsible for paying his or her medical bills, unless there is med pay coverage included in the property owner’s liability insurance policy. If the accident is work-related, and you make a claim for worker’s compensation, this claim will likely cover all of your medical bills.

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Class action suit against Geico over data breach

Posted by David Brown 
· May 18, 2021 

A class-action lawsuit has been filed against Geico, and its parent company Berkshire Hathaway, The suit comes after Geico informed its customers on April 9 that a breach in security had happened, and said drivers’ license numbers were stolen.

The suit has recently been filed, and it is very early in the legal process. For now, there is nothing for customers and former customers to do but wait. When the case is settled, which could be a long tie from now, you might be able to submit a claim for damages.

The lawsuit calls the incident “foreseeable” and charges the company for failing to safeguard confidential information. This applies to current and previous customers, and there may be millions of them.

Geico, and Berkshire Hathaway, have offered those affected 12 months of identity theft and credit monitoring service. The suit says that does not provide any help for people who have been hurt by the data breach, nor does it address potential issues in the future.

The suit also said that while drivers’ license numbers may have been all that was stolen, a lot of other personal information may have been hacked and stolen as well. Information like social security numbers, phone numbers addresses, date of birth, and various financial account numbers have been collected by Geico, and could still be vulnerable.

In notifying customers of the breach on April 9, Geico said drivers’ license numbers may be used to apply for unemployment benefits in the policyholder’s name.

The suit charges the breach happened between Nov. 24, 2020, and March 1, 2021. Geico did not tell its customers exactly when it happened then notifying them on April 9.

The suit notes the plaintiffs in the case have already had false unemployment benefits applied for in their name. There is enough information on a driver’s license to apply for benefits.

The suit says Geico and Berkshire Hathaway agreed to safeguard and protect customers’ information on various documents. It says the company should have known they would be a likely target of cyber-attacks because of the amount of information they handle.

There are some specific people involved in the lawsuit, but it seeks to recover damages for all individuals in the United States who were harmed, or potentially harmed by the data breach.

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