Archives for April 2015

April 2, 2015 By

What is a Medical Caregiver’s Duty?

Medical toolsAs a general rule, most personal injury claims are based on a legal theory of negligence. For a defendant’s actions to be considered negligent, a jury must find that the conduct was less than what a reasonable person would have done in the same situation. A “reasonable” person is customarily identified as an “average person of ordinary prudence.”

The standard, however, is different in medical malpractice cases. Because of the extensive training they receive, and because of the potential risk if proper procedures are not followed, medical caregivers are held to a much higher standard. In New Jersey, that standard is determined by looking at the generally accepted practices and procedures of all medical caregivers

  • In the same geographic location
  • With the same amount of experience and training
  • In the same specialized field
  • Treating the same type of condition
  • Other factors that the medic al professional should reasonably have known might have an effect on treatment, such as age or overall health of the patient

In a medical malpractice trial, the jury (or the trier of fact) has the responsibility for determining what the appropriate standard of care was, as well as whether or not the defendant breached that standard of care. Because juries generally lack knowledge of medical standards, it is customary for the parties at trial to introduce expert testimony regarding the standard of care. Typically, both the plaintiff and the defendant will bring in other medical professionals with experience in the specific procedures relevant to the case, and the jury will be required to determine both the standard of care and whether it was met.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Personal Injury
April 2, 2015 By

At-Fault Divorce Still Available in New Jersey

Marital strifeEvery state offers some form of no-fault divorce, where parties can typically end a marriage without specifying grounds other than “irreconcilable differences.” In 17 states, “at fault” divorce is no longer an option. New Jersey is not one of those states. New Jersey currently allows a party to petition the court for a divorce based on a number of grounds, from adultery to desertion, from drug or alcohol abuse to physical or mental cruelty. Other grounds stated in the New Jersey statute include:

  • Separation for at least 18 months
  • Institutionalization in a mental facility for at least 24 month
  • Imprisonment for 18 consecutive months
  • Unwanted deviant sexual conduct within the marriage

Why Would You Pursue an At-Fault Divorce?

In most instances, the principal reason for filing an at-fault divorce complaint is to secure advantage in custody or support proceedings, or to obtain a disproportionate share of the marital estate. While New Jersey law does not specifically refer to the wrongdoing of one of the parties as a factor in property division, the court can take into account any factor deemed relevant. This holds true with respect to alimony or spousal support as well.

Though not the case in New Jersey, some states require a longer waiting period for no-fault divorces to be finalized than for at-fault divorces. For example, New York has a one year waiting period that only applies to no-fault divorce.

The Costs of At-Fault Divorce

In an at-fault divorce, you will likely have to go to court to prove your ex’s wrongdoing. That can be time-consuming and expensive, as well as embarrassing.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce, Divorce Mediation
April 2, 2015 By

Uber Drivers Seek Resolution of Workers’ Compensation Issue

Uber fareUber, the fabulously successful “rideshare” service that’s sweeping the nation, faces a potentially catastrophic legal challenge—at least two lawsuits have been filed against the company seeking to identify drivers as employees rather than independent contractors. If the lawsuits are successful, Uber and its competitors, such as Lyft, will be required to provide workers’ compensation benefits to thousands of drivers across the country.

Both lawsuits were filed in California and both seek class action status, allowing attorneys to represent Uber and Lyft drivers from coast to coast. Thus far, class action status has been granted, but only with respect to California drivers.

Under the workers’ compensation laws of most states, private employers must either purchase a policy of workers’ compensation insurance for employees or must self-fund a plan to compensate employees who are injured on the job. These requirements are not applicable to independent contractors.

According to a recent press release by Uber, more than 150,000 people drove at least four times for the company in December, 2014. Workers’ compensation premiums for that many workers could cost millions.
In determining whether a worker is an employee or an independent contractor, courts typically look at three factors:

  • What is the behavior of the worker and the company? Does the company exert control over the duties and functions of the worker? Are there restrictions on time or assignments?
  • How is the worker paid? Are expenses reimbursed? Who provides supplies, tools and information?
  • What is the legal relationship between the parties? Is there any type of a written contract? Are any additional benefits paid, such as retirement, health or disability?

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to men and women throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Workers Compensation