October 10, 2012 By

Fatal Crash in New Jersey Leaves Two Dead

Sunday October 1, 2012 started out as a glorious autumn morning, with clear skies and warm weather. Sadly, for one New Jersey family, the promise of the day turned into tragedy when a New Jersey father and his son were killed in a crash when their car collided with a jeep Cherokee.

The father, age 38, and his young son, died in the crash, while the daughter, age 4, is currently hospitalized. The driver of the other car did not suffer serious injuries.

2.2 Million Injuries From Motor Vehicle Accidents in U.S.

The cause of the fatal crash is under investigation and at this point it is unclear what caused the collision. This much is known, nearly 33,000 people were killed in car crashes in 2010 in the United States and over 2.2 million people were injured in car and other motor vehicle accidents throughout the nation. Statistics show that about one in eight people who lost their lives were passengers in the automobile.

Accidents happen all the time. No matter how safe and careful of a driver you are, you cannot always control the actions of other people on the roads. Dangerous drivers are out there. Texting drivers are out there, in increasing numbers. Roadway conditions in southern New Jersey, including construction areas, can distract drivers, just enough for them to make a mistake, sometimes with tragic results.

If you or a loved one has been injured or if you have lost a family member due to a fatal crash that was caused by someone else’s careless actions, you may have reason to file a personal injury or wrongful death legal claim. Speaking with an experienced personal injury and wrongful death attorney can answer your questions and help you have some understanding of your rights in situations like these.

Contact an Experienced Personal Injury and Wrongful Death Attorney in Southern New Jersey

At the law office of Taylor and Boguski, we fight for the rights of the injured and those who have lost loved ones in car crashes, work accidents, and other types of accidents. To discuss your concerns and learn how we can help, schedule a free, private consultation with an attorney in Mount Laurel, New Jersey, office today. Please call 800-404-5299 or 856-234-2233 or contact us online.

Filed Under: Car Accident Attorneys, Personal Injury Tagged With: , , ,
October 10, 2012 By

Michael A. Taylor was recently selected as a Top Attorney by SJ Magazine

Michael A. Taylor, a partner at Taylor and Boguski, LLC, was recently selected as a Top Attorney by SJ Magazine. Michael was chosen by his peers as a top divorce mediation attorney in Southern New Jersey.

Michael has over thirty-five years of divorce litigation experience and over fifteen years of divorce mediation experience. He employs a practical, hands on approach to help avoid the costs of divorce litigation. Mediation can help to resolve issues regarding the division of marital property, assets and debts, spousal and child support, and the other issues encountered during a divorce.

To schedule an appointment with a top divorce mediation attorney at Taylor and Boguski, in Mount Laurel, NJ, please call 800-404-5299 or 856-234-2233 or contact us online.

Filed Under: Divorce Mediation, Press Release Tagged With: , ,
August 24, 2012 By

Recovering Compensation for Dental Malpractice

When you seek treatment from a dentist, regardless of the nature of your condition, you expect that the dentist and the dentist’s office will provide a certain minimum level of care. Unfortunately, in far too many situations, that does not happen. Some studies show that 15% of medical malpractice claims include some level of dental malpractice. If you have been negligently cared for by a dental technician, a dentist or any employee at a dental office or dental care facility, you have a right to seek damages for all your losses.

What Does Dental Malpractice Look Like?

Many of the components of dental malpractice are similar to other types of medical malpractice. Dental malpractice can include:

  • Performing the wrong type of procedure, or working on the wrong tooth
  • Negligence in providing anesthesia
  • Failure to properly diagnose a condition, or misdiagnosis of a condition
  • Failure to use minimally accepted standards of care during a dental procedure

In a study conducted by the insurance company CNA, claims paid for dental malpractice between 2005 and 2008 were pretty equally divided. Cases involving crowns included 14.2% of all claims paid, while surgical extractions (13.7%), root canal therapy (13.6%) and simple extractions (12.1%) accounted for similar percentages of claims.

Common examples of dental malpractice injuries include:

  • Temporary or permanent loss of sensation in your tongue, jaw, chin or lips, including loss of sense of taste
  • Temporary or permanent structural injuries to chin, lips, tongue or jaw caused by negligence in surgical or other procedures
  • TMJ (temporo mandibular joint) problems caused by dental work
  • Failure to treat or diagnose oral cancer
  • Hypoxia or wrongful death due to negligent administration of anesthesia
  • Loss of teeth due to failure to diagnose or treat periodontal disease
  • Infection or injury resulting from misuse of dental tools, including drills, picks, lasers and implants

If, as a result of dental malpractice, you have been unable to work, have incurred significant medical expense, or have experienced substantial pain and suffering, you can seek damages for those losses.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Personal Injury Tagged With: , ,
August 24, 2012 By

Seeking Worker’s Compensation for an Occupational Disease

Under the laws of the state of New Jersey, if you are injured on the job, and you are not an exempt employee, you must seek financial recovery for any losses through the state’s workers’ compensation system. An injury need not, however, be the result of a single traumatic event, such as a fall or the malfunction of machinery. You can seek compensation for any illness that arises because of your job or occupation. This blog post addresses the subject of occupational illness, identifying those circumstances where you have a right to file a workers’ compensation claim for a disease.

In occupational disease claims, it is typical that individuals working in the same area, exposed to the same conditions, will show symptoms of the same illness or disease. Under the laws of most states, there is a presumption that a disease is caused by conditions at work, and the burden of proof is on the employer to show otherwise.

Types of Occupational Disease Claims

The most common types of occupational diseases leading to workers’ compensation claims are lung and skin related conditions. Lung disease may result from exposure to particles in the air, whether inside or outside. In many occupations, where workers have been exposed to asbestos, workers’ compensation claims for asbestosis have been frequent. Black lung, silicosis and occupational asthma claims are also common in industrial workers.

Many modern work sites involve the use of chemicals and chemical compounds. Accordingly, certain occupations, such as hairdressing, golf course maintenance, printing and motor vehicle repair, involve regular concerns about skin or other diseases.

Other diseases that can be covered under state workers’ compensation laws include:

  • HIV or AIDS among medical workers exposed to the virus
  • Allergic reactions
  • Heart conditions or heart attacks resulting from stress or other conditions

With an occupational disease, if you had a condition prior to your employment that is aggravated by the work you do, you will typically be unable to recover workers’ compensation. For example, if you had a skin condition when you started your employment, and the work you are currently doing is aggravating that condition, you will not be able to recover workers’ compensation benefits if you can’t work.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , ,
August 24, 2012 By

Protecting Your Rights in a Divorce Mediation

When you are involved in a marital dissolution in New Jersey, there are a number of different ways your differences can be resolved. You can take your disputes to court, asking a judge and/or jury to make decisions about child custody and visitation, child support, alimony and the division of marital debts and assets. Litigation can be expensive, though, and can be an extremely time-consuming process. You could seek to negotiate solutions to your disagreements, but that can be difficult as well, as you may feel that you have less bargaining power, or can be intimidated by your ex-spouse. An alternative that works for many people in New Jersey is divorce mediation. This blog post helps you identify ways to protect your interests in divorce mediation.

What Is Divorce Mediation?

In New Jersey, divorce mediation is a process whereby a third party, who represents neither spouse, acts as a facilitator, helping the parties identify and implement solutions that work for both of them. The mediator is typically someone with specialized knowledge about family law matters, who can make constructive suggestions to the parties regarding ways to settle their disputes. Parties can voluntarily agree to take their differences to mediation, or mediation can be ordered by the court.

How to Get the Best Results in Mediation

Mediation is designed to be a “win-win” process. It is not set up to determine who is right and who is wrong. Accordingly, going into the process with an open mind and a willingness to consider alternatives will likely enhance the chances that you will find a mutually beneficial solution.

The first thing to understand is that you don’t have to convince the mediator of anything. The mediator does not consider legal arguments, does not take testimony, and does not render any decisions. The person with whom you will have to work, and who you will need to help understand your position, is your ex-spouse. If you go in making demands, but not expressing any willingness to compromise, you will likely have little success.
It is also important to understand that, while a judge may compel you to take your differences to mediation, you are not required to resolve your disputes in mediation. You should never agree to something you don’t want simply because you believe that you have to settle your differences. All offers made in mediation are just that—offers to settle. You can always reject an offer. You can also walk away from mediation if you are feeling browbeaten or intimidated.

You will also have the best chance of resolving your controversies in mediation if you prepare in advance. Make a list of those things you must have, as well as those items that are negotiable. If something is non-negotiable, make certain you understand why.

Finally, remember that mediation about issues such as child custody, visitation and child support all affect your minor children. Be clear that what you are seeking is in their best interests, and always defer to this standard when evaluating offers from your ex-spouse.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: division of marital debt, Divorce, Divorce Mediation Tagged With: ,
July 24, 2012 By

Driving Hour Log Violations—18 Wheeler Accidents

In today’s competitive market, with the strong emphasis on profitability, many trucking companies and over-the-road truckers face intense pressure to minimize costs and provide quick turnaround to their customers. Unfortunately, one of the areas where trucking concerns can cut corners is with respect to driving or maintenance logs. Federal laws require that truckers maintain accurate logs of their activity, tracking how many hours they are driving in a given period, as well as how much cargo they are carrying. To maximize profits, they may drive without adequate rest, or may carry loads that exceed safety limits. In far too any instances, these shortcuts result in serious injury to others on the road.

The Federal Highway Administration takes the regulations governing hours of service very seriously. Trucking executives have been sentenced to time in federal prison for instructing and conspiring with employees to falsify driving logs.

If you have been injured in an accident involving an 18 wheeler, tractor-trailer or big rig, you want an experienced and effective attorney to protect your interests. The lawyers at Taylor & Boguski can help.

The 11/14 Rule for Truck Drivers

Federal trucking regulations mandate that:

  • A truck driver cannot work more than 14 hours in a 24 hour period.
  • In addition, you cannot drive more than 11 hours in any 24 hour period without taking a 10 hour break. Accordingly, a trucker may not drive the last 11 hours of one day and the first 11 hours of the next day. They must take a minimum 10 hour break after 11 hours during a 24 hour period.

The purpose behind reducing the number of hours on the road is to assure that the trucker is well-rested, and can be alert at all times while on the road.

Truckers and trucking companies can employ a variety of schemes to falsify driving hour logs, including using two sets of logs, or simply understating time on the road. An experienced lawyer will look at all food and gas receipts and will cross-reference them with driving log entries, looking for evidence of fraudulent activity.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Car Accident Attorneys, Personal Injury, Truck Accidents Tagged With: , , , , , , , , , , ,
July 24, 2012 By Leave a Comment

Workers’ Compensation—Different Types of Petitions

If you have been hurt at work in New Jersey, you will most likely be required to seek monetary recovery for any losses through the state’s workers’ compensation system. The process can be complex and confusing, though. This blog post identifies the different types of petitions that can be filed during the course of an application for workers’ compensation benefits.

An Informal Claim Petition

If you are involved in a dispute with your employer regarding compensation for a work-related injury, you can file a petition or application for an informal hearing. This hearing will be scheduled before a judge of compensation. The hearing with the compensation judge is designed to help you avoid litigation regarding your right to compensation, as litigation will typically be a more involved and time-consuming process. A wide range of issues can be addressed at an informal hearing, from the permanency of benefits to the amount of temporary benefits, as well as payment for any medical treatment.

Just because you file an informal claim petition does not mean that you cannot later file a formal petition. Any statements or offers you make during the course of the informal hearing will not be binding in subsequent proceedings. You can secure legal counsel to represent you in an informal hearing, but it is not required. If you do retain legal counsel, you will be responsible for paying your own legal fees.

A Formal Claim Petition

You can also file a formal claim petition with the New Jersey Workers’ Compensation Division. This must be done within two years of your injury. Your case will typically be assigned to a district office of the Workers’ Compensation Division in which you live, or where the employer is located. In most instances, your first hearing will be within six months of the filing of your petition.

When you file a formal claim petition, you can also file a motion for medical and/or temporary benefits. This will allow you to receive some compensation while your claim is being resolved.

Occupational Injury Petitions

Though most workers’ compensation claims are based on traumatic accidents, where you suffered an injury because of a specific event, you can also seek benefits for a work-related illness, known as an occupational disease. An occupational disease can include a repetitive stress injury, or it can stem from exposure to chemicals or other substances, leading to cancer, heart disease or other malady.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , , ,
July 24, 2012 By Leave a Comment

If you have decided to file for divorce, or are a party to a divorce proceeding, you may want to resolve matters, if at all possible, without the need to go to trial. Divorce litigation can be costly, in terms of time, money and emotions. There are options that will not only minimize stress, anxiety and expense, but will give you greater control over how your differences are resolved. This blog post looks at the ways you can avoid divorce litigation.

The first step to minimizing the risk of divorce litigation is to fully understand the costs of taking matters to trial. If you choose to dispute everything, and require a judge or jury to determine the outcome, you will necessarily go through a lengthy process. Once a divorce complaint has been filed, the court will establish a discovery schedule. This sets forth the amount of time that will be spent gathering all relevant information to determine child custody and visitation, child support, alimony or spousal support, and the division of marital debts and assets. In most instances, there will be requests for production of documents, as well as depositions of parties and other relevant witnesses. Your lawyer will expect to be paid for every task they handle for you. If they draft a request for production of documents, or a response to such a request, you will be billed. When they review all documents, you will be billed. When they appear on your behalf at a deposition, meeting or hearing, you will be billed. And, in addition to the expense, such actions take time.

Once you understand the cost of divorce litigation in terms of time and money, you should take a look at alternative means of dispute resolution, including negotiated settlements, mediation, and the collaborative approach to divorce. In a negotiated settlement, you and your counsel work directly with your ex-spouse and opposing counsel to work out agreements governing custody and support, as well as property matters. In mediation, you work with a neutral third party, who facilitates efforts to find mutually beneficial solutions. In the collaborative law process, you and your ex-spouse agree to try to resolve all matters without the intervention of the court. Your lawyers can also participate in the process.

The common component of successful negotiation efforts, mediation and collaborative law attempts is a willingness to work with your former spouse to find solutions that work for both of you. This means you may have to identify those items that are not negotiable and those about which you can be flexible. In all matters related to your minor children, however, you should always give priority to what is in their best interests.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail or call 800-404-5299. To learn more about our practice, visit our practice area overview page.

Filed Under: division of marital debt, Divorce, Divorce Mediation Tagged With: , , , , , , , , , ,
June 22, 2012 By

Resolving Your Differences through Alternative Means

If you have come to the conclusion that your marriage cannot be saved, you can seek to settle your disputes in court. However, divorce litigation is typically costly, both financially and emotionally. If you have minor children involved, or if you want or need to maintain a positive relationship with your ex-spouse, you may want to consider other alternatives.

Divorce Mediation

In the mediation process, you work with a third party whose task is to help you find a mutually beneficial solution to all your differences. The mediator is neutral and does not represent either party. The mediator typically does not take testimony from witnesses, although both parties to the divorce have an opportunity to tell their story. The mediator does not make decisions about such issues as custody, visitation, support and property distribution, but helps the parties work together to identify and implement an outcome that is in everyone’s best interests. If you resolve all your differences, the mediator may help you put together an agreement that is enforceable in court.

There are many benefits to divorce mediation. First, because you have to work cooperatively to find solutions, mediation can allow you to maintain a positive relationship moving forward. Because you don’t have to get on the court’s docket, and don’t typically have to engage in discovery (gathering and sharing evidence), the mediation process can be completed much faster than litigation. Unlike litigation or even arbitration, you get to participate fully in the decision-making. You can make suggestions regarding how your differences will be resolved, and can always reject an offer from your ex-spouse. In most instances, the mediation process will be less expensive than other forms of dispute resolution.

The Arbitration Process

Arbitration can look similar to mediation, but has significant differences. In arbitration, you work with a third party, but the third party is typically someone with an extensive understanding of divorce and family law. The arbitrator performs a role similar to that of a judge, considering evidence and making rulings regarding how custody and visitation will work, whether there will be spousal support (and how much will be paid), and how marital debts and assets will be divided.

The arbitration process still offers significant advantages over divorce litigation. In most instances, you will be able to complete the arbitration process far more quickly than you will be able to resolve matters in court. Arbitration can be binding or non-binding. If it is non-binding, you have the right to reject the ruling of the arbitrator, and can still seek to resolve your dispute in court.

Contact Taylor & Boguski

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: division of marital debt, Divorce, Divorce Mediation Tagged With: , , , , , ,
June 22, 2012 By

The Difference between Permanent Partial Disability, Permanent Total Disability, and Temporary Total Disability

If you have been injured on the job in New Jersey, you may pursue benefits for your injuries through the state’s workers’ compensation system. Under state law, recovery for injuries caused by the negligence or wrongful act of your employer or a co-employee is limited to benefits available through a workers’ compensation claim. If, however, you are hurt because of the careless act of a third party, such as the driver of a vehicle, or the manufacturer of dangerous or defective equipment, you may be able to seek damages in a personal injury lawsuit as well as pursue a workers’ compensation claim.

The workers’ compensation statutes are set up to pay benefits based on the type of injury. Benefits can be temporary or permanent, and the disability caused by your injury can be partial, preventing you from performing specific tasks; or it can be total, making it impossible for you to work at all. If any injury prevents you from working temporarily you may be eligible for temporary total disability benefits. After you have been determined to have reached maximum medical improvement (MMI) for the injury you may be eligible for a permanent partial or permanent total disability award.

What Is Permanent Partial Disability?

The most frequent type of workers’ compensation claim is one for a permanent partial disability (PPD). The injury is considered to be permanent when it is determined that you will never fully recover from it. It is considered to be partial when it prevents you from conducting all tasks required of your job, or from working at full capacity. Such an injury can result from a traumatic accident, or from an occupational illness.

There are a wide range of injuries and illnesses that will qualify you for PPD benefits. Some common work related permanent partial disability injuries are:

  • Back injuries
  • Permanent loss of vision or hearing
  • Shoulder, hip, knee, elbow or other joint injury
  • Amputation or loss of limb
  • Repetitive stress syndrome

The amount of benefits you can receive in a PPD claim is typically based on the degree to which you injury limits your ability to work, know as your disability rating.

What Is Permanent Total Disability?

If the work related injury renders you totally permanently disabled you may be eligible for permanent total disability (PTD). In order to receive PTD benefits a person must be totally disabled and unable to return to gainful employment.

If you are totally disabled as a result of a work related accident you may be eligible for benefits for the remainder of your life.

What Is Temporary Total Disability?

You can seek temporary total disability (TTD) benefits when you are either temporarily unable to return to work because of an injury or illness, or your doctor authorizes you to return to lighter duty work, but your employer has no such work for you. Typically, you are entitled to TTD benefits until you have physically recovered and are able to return to work full time, or your employer is able to put you back to work at doctor-approved tasks.

Examples of injury or illness that can make you eligible for TTD include:

  • Broken bones that make it impossible to work
  • Sprains, strains or muscle pulls, particularly in your back or knees

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Filed Under: Construction Accidents, Work - Related Injury, Workers Compensation Tagged With: , , , , , , , ,
« Previous Page
Next Page »