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: , , ,
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: , ,
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: , , ,
June 22, 2012 By

Failure to Diagnose and Treat Nursing Home Injuries

In today’s world, where more and more people are living longer, and the demand for nursing home care continues to rise, the risk of injury to nursing home residents has become a serious issue. Many nursing homes are understaffed, or have employees who lack adequate skills or training. A resident can suffer a serious injury that may not be noticed by caregivers, resulting in unnecessary pain and suffering, complications, and even an early death.

Failure to Diagnose a Nursing Home Injury

The failure to diagnose a nursing home injury can stem from a variety of reasons:

  • The nursing home may not have adequate staffing—The residents in a nursing home often need regular monitoring and care to either minimize the risk of injury, or to quickly respond to injury. Understaffing can lead to serious problems. An aide may neglect to put up rails or other safety devices. They may not be able to.
  • The nursing home may have inadequate procedures for identifying injury or illness—Many residents in nursing homes are either incapable of communicating the nature of an injury, or unwilling to make an issue of an injury. Without proper procedures in place, a resident may be able to mask an injury for a significant period of time.
  • The nursing home may have poorly trained employees, or employees who lack the skills to diagnose an injury or illness—An employee may lack the skills to recognize different types of conditions, such as bed sores, infections or the signs of dehydration or malnutrition.
  • A caregiver may try to play down a serious injury to protect themselves—If a caregiver believes that they may get in trouble if an injury is discovered, they may attempt to persuade the resident that the injury is not serious, or does not need further attention.

Negligence in Treating a Nursing Home Injury

Once an injury has been diagnosed, a nursing home employee may still be careless in treating it. The employee may neglect to seek the appropriate medical care for the resident, or to bring in a nurse or doctor, when called for. If medication is prescribed because of the injury or illness, the failure to monitor the resident’s dosage, and to make certain that proper medications are taken at the right times can also be the basis for a personal injury claim.

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: Personal Injury Tagged With: , , , , ,
April 22, 2012 By

Causes of Truck Accidents

When a trucking accident results in serious injury or death, assigning liability for victims’ losses is critical, and depends on accurately determining the cause or causes underlying the crash. Evidence degrades quickly, and witness’s memories become unreliable after a short time. For that reason, investigators from the National Transportation Safety Board (NTSB) arrive at the scene of a serious truck accident shortly after the crash is reported. Investigators from the trucking company’s insurance company may arrive even before the NTSB. As a result, there is good data available on causes of truck accidents.

What are the primary reasons for trucking accidents?

Crash reconstruction experts agree that most truck accidents are complex events, involving more than one causative factor and two or more vehicles. It is common for more than one factor to contribute to the crash. A truck-crash causation study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) concluded that a majority of truck accidents involved fatigue, alcohol, and speeding. When breaking out details overall, however, the study pointed to a much wider range of factors that increase the risk a large truck will be in an accident, including some that may have occurred long before the accident.

  • Driver error was considered a critical reason for 87% of the accidents, and includes two major categories—the driver’s condition before the crash, and decisions made by the driver. The most common critical events resulting from driver error were driving out of the lane, crossing into another lane or off the road and loss of control due to speeding. The category of driver condition includes poor training, driver fatigue, alcohol, illness, and use of legal or illegal drugs. Poor decisions on the part of the driver include traveling too fast for conditions, responding to work pressure from carrier, inattention (distracted driving due to texting, eating, or other activity), following too close, making an illegal maneuver, and responding to an internal distraction in the vehicle.
  • Equipment failure, with brake failure the lead in the category, followed by tire failure.
  • Carrier negligence, a category that includes inadequate driver training and hiring, improper load distribution, pressure to drive longer than legal hours, and failure to maintain equipment.
  • Environmental issues, such as poor road conditions, improperly marked construction zones, and defective roadways can be contributing factors.

Assigning liability for injuries and death

Truck accident injury victims and families of deceased are entitled to compensation from negligent parties. Sorting out the degree to which each party is liable for the damages can be challenging. A person who has a serious injury or death claim should consult with a personal injury attorney as soon as possible after the accident in order to ensure a fair settlement or result at trial.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Personal Injury Tagged With: , , , , , , , , , , , , , , , , , ,
March 15, 2012 By

Anesthesia Errors in the 21st Century

Since its introduction in the mid-19th century to the present day, anesthesia has become notably safer. The first anesthetic compounds were explosive, dosages were not established, and unexpected negative effects included fatal aspiration of stomach contents.

Today, anesthesia is administered by anesthesiologists (MDs) and certified nurse anesthetists (CRNAs) with extensive specialized training in the field. The operating room (OR) is equipped with devices that monitor blood pressure, blood oxygen levels, and actions of the heart and lungs during surgery. The anesthesiologist can choose from a range of drugs proven to be safe and reliable.

Why do patients still die from anesthesia?

Despite the abundance of knowledge about anesthesia drugs and their effects on humans, about allergic reactions and antidotes and about techniques and devices to keep airways clear during surgery, deaths and serious injuries still result from anesthesia. Some are unpredictable and inexplicable. Others, resulting from human error, are medical malpractice. And still others are the result of defective drugs or medical devices.

It is critical that the patient’s airway remain open to receive oxygen. During general anesthesia (when the patient is unconscious, paralyzed and can’t breath normally), the anesthesiologist protects the airway by inserting an endotracheal tube into the trachea (windpipe). If the doctor carelessly inserts the tube into the esophagus instead of the trachea, the patient’s oxygen level will drop and the patient will suffer cardiac arrest and, if the airway is not cleared within four to six minutes, brain damage. A well-equipped OR will have a device to verify correct placement of the endotracheal tube. When a procedure is done in an office, the risk of error rises.

Anesthesia is an entire branch of medical science, not just a class of (potentially toxic) drugs. The anesthesiologist, nurse anesthetist, and anesthesia assistants are responsible for observing the patient, noting any unanticipated changes after administration of a drug and responding accordingly. Fatigue, stress, inattention, or poor training may result in operating room staff’s failure to identify an emergency and take appropriate measures.

One of the earliest noted causes of anesthesia-relate death was aspiration of stomach contents; it continues to threaten patients today, especially those who are pregnant, obese, or have bowel obstructions. Special techniques will protect those patients. Another human error is overuse of a sedative during a minor procedure, causing a patient to stop breathing and die. Strong sedatives are often administered by poorly trained staff in a doctor’s or dentist’s office. After the anesthetic is stopped, the anesthesiologist’s or anesthetist’s failure to administer drugs to reverse the paralyzing effect may result in the patient’s failure to resume breathing.

Mechanical devices used during administration of anesthesia are very reliable, but the doctor/nurse anesthetist is responsible for going through a checklist to ensure the device is working properly and avoid death or injury from failure of the anesthesia machine, ventilator, or monitor.

A family that has lost a loved one, or a patient who suffered brain injury or another serious injury as a result of an anesthesia error, may be entitled to compensation from the hospital, anesthesiologist, anesthetist, or manufacturer of defective medical equipment. If a survivor is considering a personal injury claim, it is important to work with a law firm with the resources to pursue a complex, expensive case, and a successful record in personal injury law.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Personal Injury Tagged With: , , , , , , , , , , , , , , , , , , , , , ,
February 23, 2012 By

Fire Injuries: the Third Leading Fatal Home Injury

According to the Centers for Disease Control and Prevention (CDC), fires are the third leading cause of fatal home injuries. Every day sees an average of 435 children treated for fire injuries. Two of them will die. Most victims die from inhaling smoke and toxic gases, not from burn injuries. Smoking is the leading cause of fire-related death and cooking is the most common cause of residential fire. Statisticians can break down the cost of injuries, demographics (children four and under are most at risk of fire injury or death), ethnicity, economics, and social factors.

We also know that most home fires happen during the winter months, alcohol is often a contributing factor, and over one-third of home fire deaths happen in structures without working smoke alarms; one-quarter resulted from fires in homes in which smoke alarms were present but not operational. While there are numbers regarding losses and cost there are none to describe the pain and suffering of a family that loses a child, or a victim who survives but suffers serious burn injuries.

Completely preventable tragic accidents

The steps property owners and families can take to prevent home fires and related injuries and deaths are simple and inexpensive. Take the time to do the following and protect your family:

  • Install smoke alarms in or near every sleeping area and on every level. Check batteries monthly.
  • Discuss fire with your family members. Have an escape plan, with two exits from every room in the house. This might require investing in hanging ladders for second-story bedrooms. Have a meeting place outside of the house. Be sure everyone understands the importance of getting out without stopping for pets or personal belongings.
  • Discuss safe cooking practices, including never setting flammable materials on the stove.
  • Have a fire extinguisher in the kitchen, and make sure everyone knows how to use it.
  • Enforce a no-smoking-in-bedrooms rule.
  • Be clear that matches and lighters are not toys.

Fire injuries resulting from tenants’ or landlords’ negligence

Owners of rental property, including multi-family units, college dorms, and apartment buildings, are responsible for providing fire exits and smoke alarms. Specific requirements for inspections and permits vary by community and state. A landlord who fails to provide and maintain smoke detectors, sprinkler systems, fire alarms, or exits may be liable for damages to tenants injured as a result. A personal injury lawyer who takes on a fire injury or wrongful death claim should have resources available to conduct a thorough investigation. If a defective smoke alarms or other poorly designed equipment was to blame, the manufacturer may be liable. A landlord who failed to provide a safe building can be sued. In both those situations, insurance companies for the defendants will handle the cases and either agree to settlements or go to court.

Tenants are themselves responsible for taking reasonable precautions to prevent fires. A tenant who causes property damage, injury, or death through dangerous cooking or smoking practices, disabling smoke alarms, or blocking exits can be sued or charged with negligent homicide. If a tenant charge with a crime cannot afford a criminal defense lawyer, the state will provide a public defender. Again, the outcome of a civil or criminal case will depend heavily on the quality of the defense investigation.

When someone suffers injury or loss in a fire

It is important, if a person is injured or suffers another loss in a house or apartment fire, that a thorough investigation be conducted immediately, before evidence degrades or disappears, and witness memories become unreliable. It is common practice for personal injury law firms to offer free initial consultations and, if a firm takes a case, to arrange for that investigation. Therefore, person who has been injured, suffered loss of property, or lost a loved one to fire, should contact a firm as soon as possible afterwards.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Filed Under: Personal Injury Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
February 10, 2012 By

Construction Accidents, Third Party Liability, and Workers’ Comp

Mount Laurel Third Party Construction Accident Attorneys

While workers’ compensation covers medical costs for work – related construction accident injuries, it doesn’t always cover lost wages or pain and suffering. That’s important to remember in cases where construction accident injuries involve negligence on the part of a contractor or subcontractor other than your employer. In fact, it’s not uncommon for painters, electricians, carpenters, drywallers, and concrete workers to come and go, each working for a different employer. As a result, it’s not uncommon for certain safety violations to occur, resulting in construction site accident injuries that incur costs beyond what workers’ compensation can cover.

Third Party Liability and Construction Site Accidents

If you’ve been injured due to negligence on the part of a contractor or subcontractor, your employer’s worker compensation should cover most of your initial medical costs. However, if your injuries are serious and result in partial or long-term disability, workers’ compensation may only cover a portion of the total financial impact of your injuries. For instance, serious head trauma, spinal cord injuries, burns, or amputations often involve pain and suffering and long-term costs that exceed what you can recover through workers’ compensation benefits.

Holding Third Parties Legally and Financially Liable for Your Injuries

A negligent electrician, backhoe driver, crane operator, welder, or carpenter isn’t going to volunteer information regarding their negligence. As a result, you’ll need to work with an experienced construction accident attorney who has access to the necessary investigative resources needed to expose OSHA violations and departures from New Jersey state law governing everything from the use of ladders, scaffolding, asphalt, electrical work, drywall, concrete, and heavy equipment at construction sites. This involves collecting eyewitness statements, reviewing company records, collecting evidence from the scene of the accident, and reconstructing what happened.

Contact Mount Laurel Construction Accident Attorneys at Taylor & Boguski

If you’ve been injured in a construction site accident, there may be other considerations beyond what your workers’ compensation benefits will pay. If your injuries were caused in part by the actions of a third party, you may be able to collect additional compensation to offset the long-term financial consequences of your injuries.

To discuss your case and learn more about our personal injury practice and how we can help you, contact Mount Laurel construction accident injury attorneys at Taylor & Boguski today.

Filed Under: Construction Accidents, Personal Injury, Work - Related Injury, Workers Compensation Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
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