McHugh & Imbornone, P.A. Law Office

Sensory loss after a traffic collision

2024-12-16T19:29:19Z

A car accident can result in serious injuries, and there are few injuries more severe than brain trauma. The brain controls every action that humans take, and it also controls the senses. Sensory loss is common after a severe head injury. Here are three types of sensory loss that victims may experience.

Loss of vision

Vision loss can occur after direct damage to the eyes or when the brain is damaged. The occipital lobe is largely responsible for vision, and victims can be temporarily or even permanently blinded if these lobes are damaged.

Hearing loss

If the auditory cortex is damaged in a crash, the victim can become deaf. Deafness can vary in severity and may be temporary, depending on how extensive the damage is. Hearing is a sense that is often taken for granted, but it impacts an individual’s ability to work, communicate, and maintain personal relationships.

Loss of smell and taste

Smell and taste are senses that are also often overlooked. When the temporal lobe has been damaged in a crash, these senses can be weakened. This results in a loss of enjoyment in life. For professionals, especially in hospitality, it can also impact their ability to work. Sensory loss can be life changing. Victims may have to go through months and even years of rehabilitative therapy. They may also need to adjust the home and employ professional caregivers. None of this is cheap. Personal injury compensation can help cover some of the financial losses after a traffic collision. If your accident was caused by another party’s negligence, you may be eligible. Seek legal guidance to find out more about the strength of your case.

Why you need an attorney after a motor vehicle accident

2024-12-10T15:59:20Z

You have a lot on your plate after being injured in a car accident. Your pain and suffering might feel overwhelming, and you can also experience limited mobility and emotional turmoil. As if that’s not enough, you’re also bound to face significant financial losses in the form of medical expenses, lost wages and rehabilitation costs. Taken together, all these forces can leave you feeling uncertain about your future and downright hopeless. But you need to act to protect your rights and your ability to recover the compensation you deserve. Some accident victims think that they can navigate the aftermath of their car accident on their own. They oftentimes think that they can’t afford an attorney or that they can save some money by pursuing a personal injury claim on their own. But when you ready yourself to take legal action, you really should consider having an advocate in your corner. Let’s look at the reasons why.

Reasons why you might want an attorney on your side in a personal injury case

A lot of car accident victims have misperceptions of the value an attorney can bring to their case. Here are some things to keep in mind as you consider whether securing legal assistance is beneficial for you:

An attorney will know the law: You might think you have a basic understanding of how the law applies to your case, but there are often numerous legal nuances that come into play that can impact the outcome of your case. The rules of evidence, if misapplied, for example, could prevent you from submitting key evidence. This, in turn, could disallow you from recovering the compensation you need and deserve.
An attorney will know how to negotiate: Most personal injury cases result in some sort of settlement. Therefore, you need to go into your settlement negotiations with a solid game plan and an understanding of what you can realistically get out of the process. If you’re inexperienced, then there’s a good chance that the defense will take advantage of that, leading to a smaller recovery than you’d hoped.
An attorney can take the stress off you: You’re already dealing with a lot as you try to recover from your accident injuries. Having to figure out the legal challenges of your case might be more than you can handle, and it could leave you feeling even more overwhelmed. While this can create mental and emotional tension, it can also lead to critical mistakes. If you have an attorney handle your legal claim, on the other hand, you can focus on your health and reclaiming your normal life.
An attorney may recover more compensation: Even though it might seem like you can save money by foregoing an attorney, the fact is that you may actually be cutting yourself short by passing on legal representation. This is because an attorney will know how to advocate for the compensation you deserve, meaning that your ultimate compensatory recovery amount may be higher with an attorney on your side. Of course, there are no guarantees, but you should take comfort in the fact that many personal injury attorneys work on a contingency fee basis, meaning they don’t get paid unless and until you win your case. This essentially eliminates the financial risk of acquiring counsel.

Make the personal injury lawsuit decisions that are in your best interests

We know you have a lot of decisions to make as you navigate your recovery. And the choice of whether to seek legal guidance is one that you’ll have to make for yourself. Regardless of which path you choose, though, we hope that you approach your personal injury case with the urgency it deserves. After all, this may be your only chance to recover the compensation needed to get back on your feet.

The No. 1 reason for wrong-way accidents

2024-11-19T19:23:00Z

Wrong-way accidents are often very sudden and confusing for drivers who are heading in the correct direction. After all, they never anticipate another vehicle traveling toward them in their traffic lanes. For instance, someone driving on the interstate might see headlights ahead at night but naturally assume those lights are on the other side of the divided highway. The interstate system is designed specifically to keep traffic moving safely in one direction. Ramps are structured to ensure all vehicles flow the same way, and there are no stop signs or intersections where traffic crosses paths. So why do these accidents still occur? What causes a driver to miss wrong-way signs and other safety measures, putting others in danger?

Most of these drivers are impaired

In most cases, wrong-way drivers are under the influence. Many have been drinking alcohol, while others may be using illegal drugs or have mixed prescription medications. Regardless of the specific substance, impairment alters their perceptions and decision-making abilities, leading to critical mistakes. This also makes it very difficult for authorities to prevent wrong-way accidents entirely. Drunk or impaired driving is already illegal. There are already ramps directing traffic and clearly marked wrong-way signs to prevent such incidents. The roadways are designed to be safe – as long as drivers use them correctly. However, impaired drivers often aren’t aware of the mistakes they’re making, resulting in serious and frequently fatal accidents. If you’ve been injured or have lost a loved one due to a wrong-way driver, be sure you understand what legal steps you can take to seek compensation.

Minors and workers’ comp: What parents should know

2024-11-14T01:21:15Z

If your teen has a part-time job or maybe works during their summer and holiday breaks, you likely hadn’t given any thought to workers’ compensation until they were injured. Your teen may not even know what workers’ comp is. Most New Jersey employers are required to carry workers’ compensation insurance. What many parents don’t realize is that this covers employees who are minors, even if they’re working part-time or on a seasonal or temporary basis. The only exceptions would be if they’re working as volunteers or unpaid interns. Teen injuries in the workplace are not uncommon. They sometimes are less cautious than older workers are – often because they’re simply eager to please their co-workers and bosses. It’s important to know, however, that even if an injury is the fault of a worker, that typically doesn’t prevent them from getting workers’ comp (with some exceptions, like being under the influence or if “horseplay” is involved).

Workers’ comp if an employer is violating child labor laws

New Jersey has strict regulations around how many hours younger teens can work and what kinds of jobs they can do. If an employer is violating child labor laws, that doesn’t prevent a young worker from getting workers’ comp if they’re injured. In fact, they may be eligible for additional benefits if they weren’t legally employed.

Don’t let your teen be misled by false information

Sadly, some employers count on young employees not knowing their rights. Some employers don’t even fully understand workers’ comp regulations. They may tell them they’re not eligible for workers' comp due to age, number of hours worked, legality of employment or fault for their injury. They may also tell them they could lose their job or have their hours cut if they file a claim. Any kind of retaliation for filing a valid workers’ comp claim is illegal. If your teen has suffered a work-related injury or illness and is having difficulty applying for or obtaining workers’ comp benefits, you may want to consider getting legal guidance. This can help protect your child’s rights so that they get the benefits to which they’re entitled.

Can I recover compensation for a crash if partly at fault?

2024-10-31T18:49:41Z

In New Jersey, determining liability in car accidents involves understanding the state’s modified comparative negligence laws. If you are partially at fault for an accident, you may still be eligible to recover compensation for your damages. However, the extent to which you can claim depends on your level of fault. Here, you can learn about the specifics of the comparative negligence rule.

New Jersey’s modified comparative negligence rule

New Jersey follows a modified comparative negligence system with a 51% threshold. This means you can recover compensation if you are partially at fault, provided your level of fault does not exceed 50%. You are barred from recovering any damages if you are 51% or more at fault. For instance, if you are found to be 30% at fault for the accident, you can still recover compensation, but your share of fault will reduce the award. So, if you were awarded $10,000 in damages, you would receive $7,000 after a 30% reduction.

How fault is determined

Fault is assessed based on evidence from the accident scene, witness statements, police reports and other documentation. Insurance companies and legal professionals use this information to assign a percentage of fault to each involved party. Understanding how your actions contributed to the accident is essential to assess your compensation eligibility accurately.

Why you need legal representation

If you believe you may be partly at fault for a car accident in New Jersey, seeking guidance from an experienced attorney is crucial. An attorney can help navigate the complexities of the state’s comparative negligence laws, advocate for your interests and work to minimize your assigned level of fault to maximize your potential compensation. Understanding your rights and responsibilities ensures you take the appropriate steps to secure the financial recovery you deserve, even if you share some responsibility for the accident.

How recent changes in workers’ comp law benefit first responders

2024-10-15T17:56:32Z

The physical and emotional stress of being a first responder isn’t something that goes away once the call is over. This year, New Jersey’s workers’ compensation law was updated to reflect that. Now, if a first responder suffers a stroke or cardiac event within 24 hours of going on an emergency call, there is a “rebuttable presumption” that it is related to their work and that they can file a workers’ comp claim. A rebuttable presumption means that it’s up to the workers’ comp insurer and/or their employer to prove that the medical event wasn’t caused by their job. Prior to this change, first responders and their families were only eligible for workers’ comp if one of these events occurred while they were on duty. Of course, heart attacks and other serious medical events like strokes don’t always work that way.

Volunteer first responders are now covered as well

First responders are typically firefighters, police, emergency medical technicians (EMTs) and other professionals who respond to the scene of an emergency. The law now also extends workers’ comp benefits to those who do these jobs on a volunteer basis. Rural and other underserved areas often rely on trained volunteers to get to the scene of an emergency before professionals can. They also provide much-needed help in disasters and other catastrophic events. While the law, as we noted, took effect at the beginning of the year, it is retroactive. That means workers and families who have been fighting for compensation since before the law took effect can benefit from it. In fact, the law was the result, in part of a family’s long battle to get workers’ comp after an EMT had a fatal heart attack hours after responding to an emergency call. If you’re having challenges getting the workers’ comp benefits you deserve, it can help to have legal guidance. This can help you protect your rights and receive fair compensation when you have to fight large insurers and other well-funded businesses.

Three experts you may need in your car accident case

2024-09-30T18:39:56Z

To win a personal injury lawsuit you have to prove negligence, causation and damages. In some instances, this might seem easy to do. A driver runs a red light and slams into the side of your vehicle, a drunk driver crosses the center line and hits you head on or a semi-truck driver falls asleep behind the wheel and fails to slow for stopped traffic causing them to ram into the back of your vehicle. These can be easy cases, but even they may have legal nuances that make it challenging to establish causation or the extent of your damages. And these issues can be amplified when the cause of the wreck isn’t clear or when multiple vehicles are involved. That’s why as you navigate your personal injury claim it’s a good idea to consider whether you need expert testimony to support your case. If successfully utilized, this testimony, which is often seen as unbiased, can sway the jury to your side, thus increasing your chances of winning. So, let’s look at what kind of experts you may want to use when presenting your car accident personal injury case.

What experts could you need in your car accident personal injury case?

There are a lot of different types of experts out there. Here are some that may prove beneficial to your case:

Accident reconstruction expert: If the cause of your wreck is unclear, then it may be helpful to have an expert in accident reconstruction testify on your behalf. These individuals assess the scientific evidence available to them after an accident, including tire marks, weather conditions and vehicle resting positions, to come to a conclusion about how the accident occurred and who is to blame for it. This can give you powerful evidence to prove causation in your case.
Medical experts: The physical and psychological harm caused by your accident can be overwhelming and costly to treat. But this information can be tricky to articulate in court. And if you merely rely on your own testimony, the jury may think that you’re exaggerating your harm to try to secure more compensation. You can head that off by having medical experts prepared to testify to the nature and extent of your injuries. These experts can also discuss your need for ongoing treatment, its cost and your ultimate prognosis. All of this can paint a compelling picture for the jury.
Employment experts: Depending on the severity of your injuries, you may be prohibited from returning to your job, and your career may end up stunted. But again, you don’t want to rely on the jury taking your word for it. That’s where an employment expert can help. This individual can testify to the limitations placed on you by your injuries and how they impact your ability to work and advance in your chosen profession. They can also help paint a picture of your anticipated lost wages, which can make up a significant portion of your ultimate recovery.

Leave no stone unturned in your personal injury case

There’s a lot on the line in your car accident personal injury case. With that in mind, it’s better to over prepare your case and present as much evidence as possible. It’s better to present too much in your case than too little. So, as you prepare your claim, carefully consider whether you need expert testimony on your side. Even if you just have an expert opinion, that may give you a leg up during settlement negotiations, thereby maximizing the chances that you’ll recover the compensation that you deserve.

Watch for wildlife during autumn months

2024-09-30T10:59:58Z

The fall months, which encompass October through December, are associated with mating seasons and migration for many wild animals. During these months, they’re typically more active than they are during the hotter months. This increase is more common at dusk and dawn, which means drivers should be more careful at those times.

Wildlife don’t always watch for roads, so they might dart in front of moving vehicles or slam into the sides of them. Drivers may swerve to avoid hitting the animal, but this puts the driver in danger of hitting a vehicle in an adjoining lane.

How can drivers increase safety?

One of the best ways to enhance safety is to know where wildlife is more likely. This is often in rural areas that are filled with natural habitats for them. This doesn’t mean that drivers won’t encounter deer and other animals in the city, so they should be watchful there, too.

Drivers can watch for signs that wildlife is near the road. Oftentimes, it’s possible to see the reflection from your headlights in the animal’s eyes. Slowing down a bit in areas where wildlife is likely may help to reduce the chance of a serious crash.

Around 20% of fatalities involving wildlife involved more than one vehicle. In about half of those cases, the animal was flung by one vehicle into the other. In some of the remaining crashes, one vehicle struck the animal and then got into a crash with another vehicle.

When more than one vehicle is involved, victims of the crash may turn to the at-fault driver for compensation. This is only possible within a specific time set by law, so victims should ensure they explore that option quickly.

The dangers of driving at dusk: 2 top concerns

2024-09-15T21:00:07Z

Summer is coming to an end and the nights are closing in. That means more drivers will soon be on the road at dusk Here are a few issues to watch out for at this time of day.

The setting sun

If you are driving into a setting sun, you may struggle to see the road ahead. If you are traveling with the sun behind you, it may cause glare in your rearview mirror that prevents you from seeing what is behind you. Other drivers may also struggle to see you. For instance, if you have the sun behind you and need to turn left you should understand the drivers whose path you must cross will be looking directly into the sun so they might not notice you.

Deer collisions

One particular danger New Jersey drivers need to watch out for at dusk is deer collisions. While the most dangerous time of year for this is the mating season which runs from late October to mid-December, deer collisions are already becoming more likely because as the days draw in, you are more likely to be on the road at dusk. Keeping a safe distance from the driver in front is crucial in case they suddenly need to brake because of a deer on the road. Using your lights in areas where deer are expected can also help, as the beams can light up their eyes, giving you and the deer early warning. Slowing down in areas where there are deer is also wise. If another driver injures you in a collision where the sun or deer played a role it is important to remember that both those things are known dangers and drivers have a responsibility to take them into account. If they don’t and they injure you as a result, you may be able to seek compensation for your losses.

3 tips for driving in unfamiliar areas

2024-08-27T08:47:14Z

Is there anything more intimidating for a driver than to try to navigate an unfamiliar area? All of a sudden, you may feel intimidated by the traffic patterns, the signs, the pedestrians and the whole unfamiliar array of streets. Whether you’re about to learn a new commute or you’re planning a trip out of town, here are some tips you can use that will keep you safer when you’re on strange roads:

1. Plan your route

Set your GPS up before you start out on the road, with your destination keyed in. Before you even fire up the ignition, take a minute to scroll through all the turns ahead on your app or device so that you have a general idea of what to expect. Set the volume on your app or device so that you can hear it clearly over the rush of traffic, and use a holding device that will allow you to position the device on your dashboard, where it can easily be seen.

2. Turn off the radio

When you’re trying to navigate an unfamiliar route, you need to concentrate – and the radio is actually a distraction. Multitasking is a myth, and you cannot afford to be mentally distracted by whatever tune or ad you hear on the radio at a critical moment. By the same token, make sure that your phone is tucked away and on mute for the ride, and ask passengers to please keep conversation to a minimum until you get to your destination.

3. Adjust your speed

Finally, remember that it’s not a race. The only goal is to get to your destination in one piece. Slow down so that you give yourself time to react if there’s something unexpected or you suddenly realize you’re about to miss your turn. This can keep you from getting flustered and making a mistake that could lead to an accident. If you do end up in a crash – whether on a familiar road or not – it can help to find out more about your legal options.