Making Divorce Less Painful for Your Children

Parents arguingAs a parent, the last thing you want is to see your children suffer. In the midst of a divorce, though, you can do thing, often unintentionally, that cause a lot of confusion, anxiety and pain for your children. Here are some tips to minimize that risk.

Redefine Your Relationship with Your Ex

If you have minor children, the reality is that you will have to have some sort of relationship with your ex, as you will have to work effectively with them on custody and visitation matters. To the extent that you can, let the past be the past. When structuring your new relationship with your ex, ask yourself, “how can I get along with my ex in ways that are most beneficial for my children?” Be willing to compromise, as long as you are not sacrificing your relationship with your children in the process.

Pay Attention—Even the Best of Intentions Can Be Misinterpreted

Often, some of the most painful things that divorced parents do are done with the best of intentions. For example, don’t tell your child how much you will “miss” them as get ready to head out the door with their non-custodial parent. Many young children interpret this to mean that their custodial parent will be “lonely” without them, and will be sad. Consequently, they spend most of their time with the noncustodial parent worrying about the other parent. Your children know that you love them. When they go with a non-custodial parent, you should simply encourage them to have a good time.

Always Be Clear In Your Communications

Not knowing is generally far worse than knowing. Furthermore, your children are more observant than you probably give them credit for. If something is wrong, they’ll generally know, even if they don’t know what is wrong. If you don’t give them some idea of what is going on, they will typically try to figure it out themselves and will usually come up with the wrong answer.

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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 us online or call us at 856-234-2233.

Slip and Fall Injuries in New Jersey—What is the Duty of a Property Owner Regarding Snow and Ice?

Icy stepsIf you live in New Jersey, you expect that the area will be blanketed with snow at some point during the winter, and you know that ice storms and icy sidewalks can be a common hazard from October into April. But it begs the question—what are the duties of a landowner with regard to snow and ice?

Under the common law of New Jersey, the owner of residential or commercial property has a duty to maintain the premises so as to minimize the risk of injury to anyone legally on the property. This requires the property owner to act as a reasonable person would—to reasonably monitor the premises for potential injury risks, and to take reasonable measures to either remedy the situation or warn visitors of the potential risks? What does this require a property owner to do with respect to snow and ice?

Interestingly, the rules are somewhat different depending on whether the property is residential property (essentially single-family dwellings) or commercial property—multiple dwellings are generally viewed as commercial property for purposes of liability for snow and ice removal. With a single-family, private residence, there is generally no duty to remove snow/ice or to warn others of the potential for accumulation or injury due to ice/snow, as people using the property are typically not what is known as “business invitees.”

A business invitee is a person who is on property for commercial purposes, who has essentially been “invited” to the property by the property owner to potentially engage in a business transaction. Because the owner or operator of business/commercial property is considered to have encouraged or enticed the business invitee to come onto the property, the duty to keep the business invitee free from injury is higher. Accordingly, properties that house commercial enterprises, including apartment complexes, require the owner or manager to take reasonable steps to monitor and remediate potentially dangerous situations. To recover for injuries, a person must show that the commercial property owner either knew or should have known of the likelihood of injury.

As a general rule, courts have held that the accumulation of snow is reasonably foreseeable in New Jersey, as is the likelihood of melting snow refreezing overnight. Accordingly, a commercial property owner must take reasonable steps to prevent the accumulation of snow and/or ice, or will be liable for any injuries that result. In addition, when a property owner has a duty to remove snow or ice, the property owner must exercise reasonable care when doing so. This means taking action that is reasonable both as to timeliness and effectiveness.

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At Taylor & Boguski, we have more than 70 years of combined experience representing injured people across New Jersey. For a free initial consultation, send us an e-mail or call us at 856-234-2233.

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.

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.

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?

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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.

Pursuing Worker’s Comp for PTSD Related to Work

Man under stressPost-traumatic stress disorder (PTSD) claims related to the workplace are on the rise across the United States. For some workers, PTSD can arise as a normal part of the job—a firefighter, emergency room doctor or nurse, or EMT may be exposed to a particularly horrifying accident or injury. Workers in extremely dangerous occupations—construction workers, maritime workers, police officers—may witness the death or serious injury of a co-worker. Sometimes, the violence that triggers PTSD may be wholly unrelated to the job, as in the increasing instances of gun violence in schools and businesses.

As a consequence of exposure to a traumatic event, a worker may begin to experience psychological illness, including headaches, anxiety attacks, sleep deprivation, flashbacks, inability to focus and even nausea or disorientation. When the impact of a traumatic event makes it difficult or impossible to work, can you apply for workers’ compensation benefits until you can return to work?

Many, but not all states allow workers who have developed PTSD as a result of a work-related event to pursue workers’ compensation benefits. New Jersey is one of the states that allows workers to recover benefits for injuries that do not result specifically from a physical injury.

As a general rule, to recover for work-related PTSD, a worker must show that he or she actually witnessed a traumatic event, and that the event was witnessed while the employee was performing his or her job. Typically, the worker must also obtain a PTSD diagnosis from a mental health professional.

One of the challenges with successfully obtaining benefits for work-related PTSD involves the length of time it can take for symptoms to manifest. Frequently, the telltale signs of PTSD don’t appear for weeks, months or sometime years after an event. The longer the delay, the more difficult is can be to get a claim approved.

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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.

How to Best Protect Yourself When Divorce is Inevitable

Mother and sonIf you are still married, but it’s clear that the end is near, there are a number of steps you should take to make the process a lot easier on yourself. Here are some of the most important measures.

  • Put together a comprehensive record of your finances—This may be difficult to do, especially if your spouse has taken primary responsibility for financial matters. You may need to contact financial institutions directly, and request documentation from creditors. While you are compiling financial records, request a copy of your credit report and put it in your file.
  • Start saving money, if possible—You will have to pay legal fees as part of the divorce. There may be other expenses as well. In addition, you may have to pay for a new place to live, and to furnish your new residence. The more money you can set aside, the easier it will be to take the final step.
  • Start creating a separate identity—Get yourself a post office box, so that you can communicate with people (such as your lawyer) without the interference or oversight of your spouse. Open your own bank accounts, preferably somewhere other than where you and your spouse have accounts. If possible, get credit cards that are in your name only and contact any existing credit card companies to terminate any cards that have your name on them.
  • Make any necessary changes to estate planning documents—You can execute a new will, declaring any existing will null and void. If you have documents that give your spouse power of attorney or allow him to make medical decisions on your behalf, change those as well.
  • Remove your spouse as a beneficiary on any retirement plans, insurance policies or other financial accounts.

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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.

Understanding the Common Causes of Truck Accidents

Large truckThe statistics are pretty telling—if you are in a collision with a commercial truck, you have a far greater risk of injury than the trucker. In a study by the NHTSA (National Highway Traffic Safety Administration), almost three-quarters of the injuries suffered in truck-related accidents were to the occupants of other vehicles (other than the truck). Only 24% of injuries and 18% of fatalities involved occupants of the truck.

Here are the most common causes of truck accidents, based on statistics released by the Federal Motor Carrier Safety Administration (FMCSA):

  • Driving under the influence of drugs—More than one in four (26%) truck accidents involved a driver whose reaction time was compromised by the use of prescription or illegal drugs, including drugs used in an attempt to stay awake after long hours on the road. Over-the-counter drugs were a factor in 18% of large truck accidents.
  • Exceeding the posted speed limit—Almost as many truck accidents (23%) resulted when truck drivers exceeded speed limits and could not slow their vehicles down in time to avoid a crash.
  • Mistakes caused by unfamiliarity with roads—In one out of five large truck accidents (22%), the driver acknowledged unfamiliarity with the roads, and cited it as a cause of the accident.
  • Failure to check blind spots—Large trucks have an equally large blind spot. In 14% of the reported accidents, the driver neglected to properly check that there was no one in his or her blind spot.
  • Driver fatigue—Even though there are specific regulations governing the amount of time a trucker can spend on the road, many ignore or intentionally violate the rules. Though the numbers have diminished sharply for the number of accidents caused by driver fatigue, they still make up 13% of all truck crashes.

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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.

Can You Be Denied Workers’ Compensation if You Contributed to Your Own Injury?

Work Injury Claim FormEvery state, including New Jersey, has workers’ compensation laws, designed to provide benefits to people who have been hurt on the job. Workers’ compensation programs are designed to be a compromise for both employees and employers, eliminating the need for an injured worker to incur the time and expense of a lawsuit, and simultaneously shielding employers from exorbitant jury awards. Worker’s compensation benefits are typically designed to address instances where the employer was careless or negligent in some respect. But what if you are an injured worker, and the accident was caused in part by your own negligence? Can you be denied benefits?

As a general rule, the worker’s compensation system is a no-fault system. This means that, in most instances, eligibility for benefits does not depend on who was at fault. There are exceptions, however. Many states bar or limit claims that result from the employee’s wrongful acts, including injuries that are intentionally self-inflicted, or injuries resulting from a fight or “horseplay” unrelated to the employee’s job. As a general rule, workers who injure themselves while drunk or under the influence of controlled substances will find it difficult to get workers’ compensation benefits.

In most instances, when the employee’s actions or behavior contributed to the injury, the court will look at whether there were other factors as well that caused the accident. Typically, courts will allow a worker to receive benefits unless the employer can show that the worker’s wrongful conduct was the sole cause of the injury.

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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.

Protecting Your Property Rights during a New Jersey Divorce

Splitting the houseWhen your marriage has failed, one of the most complicated procedures can be the division of marital debts and assets. You may have property that you owned free and clear before the marriage, or that you had made significant payments on before you got married. There may be disputes about retirement plans or credit card bills. One of the best things you can do to protect your interests and avoid endless battles is negotiate and sign a marital separation agreement, also known as a property settlement agreement.

A marital separation agreement is a legally binding contract that addresses the key issues of your divorce, including custody and spousal support issues, as well as the division of debts and assets. You can prepare and sign the agreement before you file for divorce, if you want, but for most people, it’s part of the divorce process. It’s important to understand that there is no requirement that you file the agreement with the court for it to have legal effect.

A property settlement agreement is not necessary to get a divorce, but it will make the process much simpler. There may be circumstances, though, where you simply don’t need a property settlement agreement—for example, if you have no home or significant joint assets, no debt and no children, there’s really no need.

Because the agreement is a legally binding contract, it will remain in effect until modified, either by mutual agreement of the parties, by court order, or if the purposes of the agreement are no longer legitimate. When you file the agreement with the court, the court may, in its discretion, review it to determine whether it is fair to both parties. As a practical matter, though, courts rarely do, unless there have been allegations of domestic violence.

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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.