September 30, 2014 By

Finalize Your Divorce without the Time, Expense and Emotional Turmoil of a Trial

The Benefits of Divorce Mediation

Parents pulling child in separate directionsIf your marriage has ended, but you have minor children, you will still have to work cooperatively with your ex-spouse until your kids become adults. Accordingly, it may not be in your best interests to make your divorce proceeding a battleground—you may want to make your ex-spouse suffer, but your children will be hurt in the process. Mediation can help you amicably resolve your disputes, so that you can move forward without acrimony and bitterness.

The Basics of Mediation

In mediation, both parties work with a third party neutral, known as a mediator. The mediator does not represent either party, and has no vested interest in the outcome. The mediator’s principal objective is to help the parties identify mutually beneficial solutions to such difficult issues as child custody and visitation, child support, alimony or spousal support, and the division of marital assets.

A mediator does not perform most of the functions of a judge. The mediator is not concerned about who is “right” and who is “wrong,” or about who has the most compelling evidence. The mediator simply works to bring the parties together, helping both sides understand the consequences of not working out their differences cooperatively. As a consequence, the mediator does not take testimony from witnesses, does not consider evidence, and does not issue any type of ruling as to whose arguments prevail and how the dispute should be resolved. A mediator may suggest a specific resolution to a party, but the suggestion is not binding.

The benefits of mediation are many:

  • The parties actually make the decisions, rather than waiting for a judge or jury to rule on facts and law
  • Mediation is typically less expensive than litigation
  • Mediation can usually be completed far more rapidly than litigation
  • Mediation is not a winner take all approach—in a successful mediation, both parties should feel they got what they needed

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: Divorce Mediation
September 15, 2014 By

Worker’s Comp and Disability

Mount Laurel NJ Worker’s Comp Attorney

Machines on a factory floorSerious, catastrophic job-related injuries may qualify you for temporary total, temporary partial, permanent total, or partial disability benefits. If your injuries prevent you from returning to work, you may be eligible to receive one of the following kinds of worker’s compensation benefits:

  • Temporary total benefits: Weekly benefits you are eligible to receive until your doctor indicates you are ready to carry out your full duties at work.
  • Temporary partial benefits: Weekly benefits you are eligible to receive until your doctor indicates you are ready to return to light duty at work.
  • Permanent partial benefits: If you are unable to return to work, you are eligible to receive some kind of worker’s compensation benefits on an ongoing basis.
  • Total benefits: If you are unable to return to work and prefer a single, one-time only lump payment of benefits, you can elect a total benefit payout. Typically, this option is reserved for injured workers suffering from catastrophic injuries that involve permanent disability.

If I’m Disabled, can I still Qualify for Social Security?

In the event your injuries are permanently disabling, you can qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). However, the amount of SSDI or SSI you are eligible to receive will be affected by the amount of worker’s compensation you receive as well. Here, it’s also important to keep in mind that additional medical exams may be required in order to qualify for SSDI or SSI. In some cases, this process can be complicated by the fact that not all employers maintain or provide accurate information regarding injured workers.

Contact Mount Laurel Worker’s Comp Attorneys at Taylor & Boguski

Disability and worker’s compensation often involve a number of legal issues that require the direction of an experienced worker’s comp attorney. At Taylor & Boguski, we have helped numerous workers navigate the sometimes confusing area of temporary, permanent, and total benefits. We also assist injured workers in matters related to SSDI and SSI when permanent disability prevents them from working in the future.

To learn how we can help you, contact Mount Laurel worker’s compensation attorneys at Taylor & Boguski today.

Filed Under: Work - Related Injury, Workers Compensation
August 11, 2014 By

What to watch out for when filing a workers’ compensation claim

Wharehouse worker with clipboardWe have represented workers’ compensation claimants for many years and have seen innocent mistakes by injured workers come back to haunt them later on. Here are some issues you should consider, and problems to avoid, when filing a workers’ compensation claim:

After a work-related injury, request medical attention and report the incident.

  • If your injury requires more than first aid, document your injury or it may be used against you later in your claim.
  • If you fail to get prompt, appropriate medical treatment, the claims adjuster or the defense lawyer will use this against you and argue that your injury is not work related or is minimal.

In the report, disclose everything the first time.

  • Be very thorough and disclose all injuries, whether they’re major or minor.
  • Failing to report a minor injury and only focusing on more serious ones
    • May result in a denial for claims covering minor injuries, or
    • What you think is a minor injury may actually be a major one. Its symptoms may only be clear later on.

Make a note of any witnesses to your accident and get written statements from them if possible. This can support your claim in case the insurance company tries to deny it.

Communicating with the workers’ compensation insurance company is a bad idea.

  • Though they may sound like they are, insurance adjusters are not your friends. You are dealing with trained professionals whose sole purpose is to protect the employer and the workers’ compensation insurance company. They want to save money and pay you as little as possible.
  • An experienced adjuster or defense attorney can use statements made by injured workers against them.

Not filing a claim because no work was missed is a mistake.

  • Workers’ compensation benefits don’t just apply to time missed from work. These benefits include payment for medical services and prescription drugs. The insurance will likely also cover travel expenses related to getting to and from the doctor.

Be prepared to be watched, online and in public.

  • It’s become common practice for insurance adjustors to hire investigators to gather evidence concerning your activities to disprove that you are injured or prove your injury is not as serious as you claim.
  • They may monitor your movements and activities, even interview your neighbors. You may be video recorded while out in the public.
  • Any postings on social media, especially those describing what you are doing and where you are going, may end up on the investigator’s computer. They would like nothing more than to see pictures or videos posted showing you engaged in any kind of vigorous, strenuous activities.
  • It may only take about five seconds of video, a picture or a posting about your vacation to provide evidence contesting your claim.

When it comes to workers’ compensation, an ounce of prevention with a claim is worth a pound of benefits. If you have any questions about workers’ compensation, contact our office.

Filed Under: Workers Compensation
August 11, 2014 By

What Does a Personal Injury Lawyer Do?

Attorney signing documentsA personal injury (or PI) attorney does many things, and we handle many PI cases. Although most cases follow similar procedural paths, a PI attorney’s day can be very different from one day to the next. The common theme for every day is doing the most you can to help your client reach his or her goals.

Intake

A PI attorney talks to many people who have questions about or are interested in filing a PI case. A PI attorney may talk to many people who, for one reason or another, do not have viable legal claims or have genuine legal claims against a party, but the potential damages or awards are so minimal that it wouldn’t justify filing a case.

If a PI attorney wants to take a case and the potential client signs a representation agreement, the PI attorney will contact the potential defendant or its insurance company and let them know of the representation and tell them not to contact the client; it’s now the attorney they need to talk to.

Investigation

The PI attorney will learn as many facts as possible from the client, including who are potential witnesses and the nature and extent of any injuries. An investigation will start, and the lawyer will gather any relevant documents and speak to witnesses to learn as much as possible about the incident and the harm it did to the client.

Prior to filing a lawsuit, the PI attorney will often try to settle a case by contacting the defendant or its insurance company. If this is unsuccessful, a lawsuit will be filed in the appropriate court.

Litigation

The PI attorney will also file discovery requests, seeking information and documents from the defendant. The defendant will probably file an answer to the complaint, may try to have the complaint dismissed on procedural grounds and will ask the plaintiff (the party filing the lawsuit) to respond to its own discovery requests. Part of discovery is depositions, in which parties and witnesses are asked questions under oath by attorneys for both sides.

Either side may file motions concerning procedural issues relevant to the case. The attorneys will write responses and may argue in favor of their clients in front of a judge on these motions. If a lawsuit survives the motions filed by the defendant and discovery is complete, the case will be on track for a trial.

Settlement

If the case hasn’t settled by now, there’s a very good chance it will before the trial starts. The defendant’s motions may have narrowed (but not eliminated) the plaintiff’s legal claims, and discovery has given both sides a good handle on the facts of the case, its strengths and weaknesses, and the strengths and weaknesses of witnesses. Given all this, and wanting to avoid spending the time, resources and expense of a trial, most times both the PI attorney and the defense attorney will have frank discussions with their clients behind closed doors until both sides come to an agreement.

Trial

If there is no settlement, there will be a trial. A jury may be picked or the judge may decide the case. Both sides present evidence, including witness testimony, supporting their side of events, and the attorneys do their best to poke holes in the other party’s case. If the lawsuit doesn’t settle during the trial, or there’s some serious procedural problem arising during the trial, both attorneys sum up the case to the fact finder (jury or judge) and a decision is made.

Every case, like every client, is unique. The PI attorney works to guide a case down its path to a conclusion. The PI attorney does his best to make sure the client has the best opportunity for a positive outcome, whether that’s a fair settlement or a decision at trial in the client’s favor.

If you have any questions about personal injury cases or want to talk about your particular situation, contact our office for a free consultation.

Filed Under: Personal Injury
August 11, 2014 By

Setting Yourself Up for Success after Divorce

Police emergency light & conesWe represent spouses going through divorces and the many legal issues that may arise afterward. A divorce can be traumatic and a person may see it as an end to one phase of their life. But it’s also a new beginning, an opportunity to start over and make the most of the rest of your life.

An article on the WebMD website has some practical advice for those starting over after a divorce.

1. Seek Out a Support Network

There may not be a single strategy to ease the pain and loss that divorce brings. But leaning on a support network can be a critical strategy to help you start over.

This can help you emotionally, but also with practical issues. You may find yourself being a single parent for the first time. You want to be strong for your children, but trying to juggle a full-time job while being a full-time parent can be stressful and exhausting, especially if you have more than one child or if they are young or have special needs. You may want to seek out others in a similar situation, talk to your pediatrician, take advantage of school resources and get to know teachers and school administrators.

Hopefully your relationship with your ex-spouse is healthy enough so that he or she can be relied upon for help when necessary.

2. Redefine Yourself

Going through a divorce means no longer being part of a couple. This can be seen as a relief or frightening. Give yourself time to explore what you want and need in the future. Be constructive, not destructive, and take up new hobbies or activities and develop new interests to expand who you are. Doing something physical like exercise, gardening, biking or hiking may help you work off stress and meet new people.

3. Minimize the Impact on the Kids

While coping with the breakup of a marriage can be painful, that pain should be limited as much as possible for your children. Ex-spouses should try to make the new situation as positive as possible. Avoid criticizing the other parent in front of the children. Engaging in a “scorched earth” policy concerning your ex may result in younger children showing regressive behavior, like bed-wetting, and older children and teenagers can exhibit low self-esteem and engage in risky behavior.

Avoid pulling children into any ongoing conflict with an ex-spouse, so they can avoid having to take sides. Whatever short-term gain you might think you’ll get by enlisting your kids, you risk long-term relationship losses with your kids.

If after your divorce you or your children need professional help coping with the new, post-divorce reality, contact our office. We can refer you to qualified therapists who have helped many of our clients in the past.

Filed Under: Divorce Mediation
July 11, 2014 By

When a drunk driver hits your car

Police emergency light & conesA drunk driver is a hazard to him or herself, other drivers and pedestrians. In 2011, there were an estimated 193 alcohol-related driving fatalities in New Jersey. That constituted 30.8 percent of all fatal auto accidents that year.

If a drunk driver is responsible for causing a car accident, that driver can be held criminally liable. Under New Jersey law, it’s a crime to drive while intoxicated. Intoxication can be measured by a blood or breath test of the driver’s blood alcohol concentration (BAC). Anyone with a BAC of 0.08 percent or higher while driving a car can be charged with DUI.

The driver, the driver’s auto insurance carrier and possibly the person or business who served alcohol to the driver could also be held financially responsible.

Criminal and civil claims

Criminal prosecutors may file charges against the driver who caused the accident. If the driver is found guilty or pleads guilty as part of a plea bargain, the driver may be ordered to pay you restitution. Even if the driver is able to pay this amount, it’s probably not what your civil case may be worth.

To recover civil damages, a lawsuit must be filed in a civil court. If the driver was convicted or plead guilty to DUI, this is prima facie evidence (enough evidence to create a presumption that the person did what he’s accused of doing) of reckless behavior. This will support your civil claim and makes it very difficult for a defendant to contest the lawsuit’s allegations.

Dram shop and social host laws

Depending on the circumstances, New Jersey’s dram shop law may allow you to pursue damages from the bar, nightclub, restaurant or alcohol vendor who served the driver who caused the accident. The state’s social host law holds noncommercial individuals liable if a guest leaves their home or event too impaired to drive.

  • These statutes make negligent commercial establishments and individuals potentially liable for damages caused by drunk drivers they have served.
  • They also could enable you to cast a wider net in which to find additional potential defendants, increasing the chances you will be able to resolve your case for a greater amount of money.
  • These laws are particularly important if the driver who hits you is uninsured or underinsured, and/or your uninsured or underinsured coverage on your own auto policy is insufficient to meet your needs.

We represent plaintiffs who were injured by drunk drivers. If this has happened to you or a loved one, contact our office so we can discuss your situation and your options to seek compensation.

Filed Under: Car Accident Attorneys, Personal Injury
July 11, 2014 By

What if I can’t work anymore due to an on-the-job injury?

Physical therapyAn employee left unable to work due to a workplace injury is in a difficult situation, but may still have options to collect an income to support him or herself. We offer complete services to those injured on the job, including those facing a future with a complete disability.

Who is considered to have a permanent total disability?

After a workplace injury, you will go through treatment and rehabilitation to improve your condition. You will reach your Maximum Medical Improvement, and a doctor will determine whether the injury will totally disable you and prevent future work.

If a catastrophic work-related injury or occupational disease causes a complete inability to return to work, the employee may collect benefits for a permanent total disability. This total disability is presumed when a worker loses the use of two or more major body parts (such as eyes, arms, hands, legs or feet). It can also be proven with facts concerning other types of conditions that establish a complete inability to resume gainful employment.

Permanent total disability benefits can be paid for up to 450 weeks. These payments can be like a pension with a regular disbursement or a lump sum. The amount is usually 70 percent of the average weekly wage, subject to certain caps and minimums. These payments can be extended past the 450 weeks if the claimant can prove the disabling condition continues to prevent a return to work.

Other sources of income

Workers’ compensation may not be the only benefit a totally disabled employee could tap into. Through the employer, or purchased by the worker, there may be a private disability insurance policy that could be used. Many of our clients can also receive Social Security Disability Insurance (SSDI) benefits.

If you become totally disabled, SSDI can provide income if you have been paying into Social Security for a sufficient time (that amount changes each year) and it’s been determined you are disabled.

  • In 2014, you earn one credit for each $1,200 of wages. When you’ve earned $4,800, you’ve earned your four credits for the year. How many work credits you need to qualify depends on your age when you become disabled. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled. Younger workers may qualify with fewer credits.
  • To be considered “disabled” you must show you are unable to perform “substantial gainful employment.” If someone qualifies for SSDI two years after the “disability onset date,” they will also be eligible for Social Security Disability Medicare, which provides free medical care.

If you have suffered a serious work-related injury and want to learn more about your rights and legal options, contact our office.

Filed Under: Work - Related Injury, Workers Compensation
July 11, 2014 By

Preparing for the Divorce Ahead of Time

Creating a checklistA divorce can be a long, complex, life-changing event. Based on our many years of experience representing clients getting divorced, it’s not something you should just jump into unprepared. If you’re seriously considering getting a divorce, talk to one of our attorneys about your situation and take these steps to prepare for the process.

1. If you have kids, maintain a stable, safe home environment for them.

It’s rarely a good idea to move out of the marital home and leave your children with your spouse. If you do, a judge may get the impression that you think your spouse is a great parent and is perfectly capable of taking care of your children. Depending on the circumstances, that may or may not be a message you want to send.

2. Keep a daily record of everything you do with your children.

Include the time they spend with your spouse as well. Note any negative events (arguments started in front of your children, belittling comments about you said in their presence).

3. Gather documents to support what you’ve said in your record.

Write down names of witnesses who have knowledge of your parenting skills or those of your spouse. Get copies of relevant police reports or school records.

4. Gather all information and documents related to your financial situation and make copies.

Look for bank statements, credit card statements, investment account statements, retirement account statements, loan applications, the last three to five years’ tax returns and W-2 forms, property tax bills, mortgage statements, etc. It’s common that one spouse maintains the financial records, makes payments and cuts checks while the other stays out of the finances. In a divorce, this may leave one spouse unaware of what the other is doing.

5. Take an inventory of all of your personal property.

Normally, property that was yours before the marriage is considered to be separate property and should remain yours (with some exceptions).

6. Save some cash.

The divorce process can be very expensive. Put aside some cash so you have some liquid funds. Put the money in a new account in a bank other than the one you normally use. You may need money to live on or to hire legal representation, financial experts and mental health professionals to guide you through your divorce.

7. Open your own post office box.

This will ensure that your mail will sit securely in a locked box that only you can access so you can receive confidential mail from your divorce professionals, as well as bank statements. Start an e-mail account that only you can access, which may also help keep online correspondence private.

8. Get a copy of your credit report.

Resolve any disputed debts as soon as possible. Monitor your credit report to make sure that your spouse is not dissipating marital assets. If you fear your spouse might borrow money in your name, sign up for a credit monitoring service so you can be notified if there’s a change to your credit history.

If you have any questions or concerns about getting a divorce, the legal process and how it may affect you, contact our office for a free consultation.

Filed Under: Divorce, Divorce Mediation
June 11, 2014 By

Michael Taylor & Lucas Webster Admitted as Members of the Bar of the Supreme Court of the United States

Congratulations to Michael Taylor and Lucas Webster on their recent admission as members of the Bar of the Supreme Court of the United States. Gary Boguski, previously admitted as a member of the Bar of the Supreme Court of the United States, served as their sponsor.

Gary W. Boguski, Michael A. Taylor and Lucas K. Webster in front of U.S. Supreme Court Building

Filed Under: Articles
June 6, 2014 By

Gary Boguski on choosing the right attorney for your business

Check out Gary Boguski’s article on choosing the right attorney in South Jersey Biz magazine:

http://www.southjerseybiz.net/articles/?articleid=873

Filed Under: Articles
« Previous Page
Next Page »