Personal Injury and Family Lawyer
May 24th, 2012
Conducting a divorce is simpler than ever, and there are some occasions when you and your soon-to-be-ex spouse can just close the book on this unfortunate chapter in your lives without letting anyone else flip through the pages. This may apply in divorces that:
- Are amicable
- Involve no significant property
- Involve no disputed property
- Involve partners with income equality (no alimony)
- Involve no minor children
- Have no accusations of abuse, and no violence is feared
Any time there are children, significant property, an income disparity, or concerns about violence, a divorce lawyer is invaluable for helping to protect the rights—and sometimes the lives—of all those involved. Even if both parties are amicable in these more complicated cases, a lawyer is necessary to make sure that all legal aspects are handled thoroughlythe first time and will not have to be revisited at a later date.
If you are facing a divorce and are concerned about properly resolving all the legal entanglements, please contact a divorce lawyer at the Law Offices of Anthony Carbone, PC.
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May 17th, 2012
There is a presumption in New Jersey law, reflecting an overall social value, that in general children do best when allowed to have contact with their biological parents. In addition, parents are considered to have a constitutionally-protected right to some measure of custody and contact with their children.
In some cases, however, the New Jersey DYFS feels that a child will be best served by terminating a parent’s rights to custody of their children. To achieve termination of parental rights, DYFS must fulfill a 4-part standard, first elaborated by the New Jersey Supreme Court and later codified by the New Jersey Legislature. To terminate parental rights, DYFS must establish:
(1) The child’s safety, health or development has been or will continue to be endangered by the parental relationship;
(2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child;
(3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child’s placement outside the home and the court has considered alternatives to termination of parental rights; and
(4) Termination of parental rights will not do more harm than good.
[N.J.S.A. 30:4C-15.1(a).]
This standard was affirmed again in early March with the appellate case NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M. (No. A-4604-10T4).
Another important aspect of DYFS v. DM is the judge’s enumeration of the limitations of an appellate judge in reviewing a family court’s decision. Essentially, an appeals judge is supposed to defer to the family court’s decision unless it is “so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice” (quoting Fagliarone v. Twp. of N. Bergen, 78 N.J.Super. 154, 155).
This means that although you technically have the right to appeal a decision by a family court, your appeal is likely to be very limited and difficult to win. That means you want to make sure you win your case against DYFS the first time.
The family lawyers at the Law Offices of Anthony Carbone, PC, are prepared to fight for your parental rights. To learn how we can help, please contact us today for a consultation.
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May 10th, 2012
Child support is determined initially by a fairly detailed set of guidelines. These guidelines include many things, such as the amount of time the child spends with each parent, the age of the child, the number of children in the household, and the existence of other families that the child support payer must also support. The guidelines also include adjustments for the income of the parent being asked to pay. However, according to many involved in the New Jersey family court system, there is little ability for parents to adjust these amounts to reflect changed circumstances.
There is, technically, a system for filing requests for payment adjustment because of income loss. However, according to Assemblyman Sean Kean of Monmouth County, judges rarely act on these requests. Often, such requests are denied without serious review. To correct this, Kean has introduced a bill to the New Jersey Legislature that includes a provision for ensuring review of requests for altering payments. The bill has already been unanimously approved by the Judiciary Committee in both houses.
If the bill passes, hearings will be required to decide the legitimacy of requests for child support reduction, with both parties being allowed to have legal counsel.
On the surface, this definitely seems like a positive step, but it remains to be seen what the potential ramifications of these changes could be.
The family law attorneys at the Law Offices of Anthony Carbone, PC, are prepared to fight for your rights in any child support case. To learn more about your legal options, please contact us today for a consultation.
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May 3rd, 2012
Personal injury can include basically any type of physical or mental injury to a person. However, not all types of personal injury are suitable for a lawsuit. According to the most recent survey of the US Court system, these are the most common types of personal injury lawsuit filed in state courts, in rank from most to least:
It’s also worth noting that motor vehicle cases represent more than half of all tort cases in the US. There are more than 25 times as many motor vehicle lawsuits filed as there are product liability lawsuits.
The distribution is a little different for US District Courts, where the most common types of personal injury lawsuits are:
- Motor vehicle accidents
- Product liability
- Marine accidents
- Medical malpractice
It’s also worth noting that “common” personal injury lawsuits is a bit of a misnomer. Far from the myth of skyrocketing lawsuits in the US, the number of lawsuits filed has been on a steady decline for decades. According to data from the Justice Department, federal tort lawsuits filed in US District Courts declined by 79 percent from 1985 to 2003. In addition, tort filings in state courts declined by 31.8 percent from 1992 to 2001, and continues to decline. From 2007 to 2008, they fell another 8 percent.
If you have been injured, you should exercise your right to seek compensation with a personal injury lawsuit, if necessary. To learn more about your legal rights, please contact the Law Offices of Anthony Carbone, PC, for a free case evaluation.
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April 24th, 2012
Imagine this: you’re involved in a minor car accident. You don’t think you’re hurt, and it looks like there’s only minimal damage to your car. The other driver admits it’s his fault, then a representative from his insurance company shows up, saying many vague, but sympathetic and reassuring things. He wants your signature to a statement about the accident. The police show up, and neither driver is cited, and the accident report is cursory. You drive away feeling relatively good about the whole thing—it could’ve been much worse. You even stop off for an ice cream on the way home.
In a couple days, your neck begins to feel stiff. Stiffness turns to pain, which becomes debilitating. Your boss is impatient with you calling in, and when you go to your doctor, he tells you that you suffered whiplash in the accident. When you contact the other driver and his insurance company, they have changed their tune. Now they maintain there is no evidence the accident was his fault and they do not want to pay for your injuries, which are likely imaginary or fraudulent, they say. When you contact your insurance company, they say not only that they do not plan to help you, but that they are going to pay the other driver’s claim and increase your rates.
What are your options now? Much fewer than they were a few days before, and none of them are likely to get you the compensation you deserve without a fight. A car accident attorney may be able to help at this point, or it may be too late.
The point of this anecdote is that as a friendly, trusting person who isn’t involved in a lot of accidents, you are vulnerable to many types of manipulations and subterfuge that insurance companies use to avoid making payments. If you want to protect your rights after an accident, you need someone on your side who understands how these tricks work. And don’t count on your insurance company to be your advocate—all too often they work with the other insurance company to find an optimum solution for them, which leaves you out!
A car accident lawyer is someone you can count on to advocate for your rights after an accident. Don’t let insurance companies manipulate you and take away your right to compensation, act quickly and get a lawyer to protect your rights.
Please contact the Law Offices of Anthony Carbone, PC, today for a free case evaluation.
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April 17th, 2012
In New Jersey, workers’ compensation rules say you should report an injury to your employer as soon as possible. Notification does not have to be in writing. New Jersey law also dictates that your employer (or his insurer) gets to select the facility where you receive medical care for your injury, so you may have to check with your employer before seeking medical care, although this information is also supposed to be posted in the workplace.
The exception is of course emergency medical care. In the event of a medical emergency, you have the right to seek the most expedient option for medical care, such as the nearest emergency room or wherever an ambulance takes you after a 9-1-1 call.
In any case, the law sets an absolute maximum on the notification period of 90 days. You have 90 days from the date of your injury to notify your employer of an injury. The exception is with occupational injuries or toxic exposure (such as to asbestos), where notification and claim limitations begin at the date of discovery, not the date of exposure.
There are many complications associated with filing a workers’ compensation claim. An experienced lawyer can help you navigate them to improve your odds of receiving the compensation you deserve.
Please contact the Law Offices of Anthony Carbone, PC today for a free case evaluation.
Posted in Personal Injury, Workers' Compensation | Comments Off
April 10th, 2012
Most of us, when we think of resolving a lawsuit, imagine a dramatic courtroom scene in which both lawyers make desperate pleas to a jury full of studious and reasoned individuals. However, the vast majority of personal injury cases are resolved through other means than a jury trial. Here are some of the ways it can go down.
Settlement: A settlement is probably the most common way that personal injury cases are resolved. Often, the potential defendant will attempt to stop your personal injury case before it begins by offering a settlement right off the bat. Before taking any settlement, it’s important to consult with an experienced personal injury attorney who can tell you whether the settlement is reasonable for you.
A settlement can occur at any point in the case. Many settlements are offered only after a trial has begun, once a defendant realizes how potentially damaging public testimony in the case may be.
Arbitration and mediation: Arbitration is when all parties to a personal injury case sit down with an arbitrator who will examine the facts and come up with a solution that is designed to reflect a just outcome in the case. Arbitration can be binding or nonbinding. In binding arbitration, all parties agree to abide by the solution designed by the arbitrator. Mediation is similar to arbitration, but a mediator works more to facilitate the disputing parties to come to their own solution.
Trial: When other methods have failed to bring about a resolution that both parties can (or must) accept, a trial is used to resolve a personal injury case. Trials can be jury trials or trials before a judge, depending on the type of case and the preferences expressed by the disputing parties.
Although there are many ways to get there, the key to any successful resolution of a personal injury case is that you get the compensation you deserve. At the Law Offices of Anthony Carbone, PC, we are prepared to pursue any and all resolution methods we feel will get you the best result in your case. Please contact us today for a free consultation.
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April 3rd, 2012
If you have been injured as a result of a doctor’s negligence or error, you need a medical malpractice attorney to ensure your rights are protected. Even if you are already being offered what seems like a reasonable settlement, you should talk to an attorney before agreeing to settle your case. Here’s why:
You don’t yet know the full extent of your injuries, and what the ultimate effect of these injuries will be. If you are being offered a settlement, it is likely your doctor has a sense that your injuries are likely worth more than the settlement, and is trying to head off future problems cheaply. A medical malpractice attorney can put you in touch with medical experts with experience assessing the outcome of medical errors so you will have a better idea of what your future holds as a result of this injury.
It’s not just about the money, there are many other reasons why filing a medical malpractice lawsuit is valuable. One reason to file or at least threaten to file a medical malpractice lawsuit is to get the truth about what happened. Doctors, hospitals, and insurance companies often offer settlements so they don’t have to answer hard questions about their practices, which may actually threaten other patients. You may not be the only victim, and there may be others who may have suffered injury but do not yet know they are victims of medical malpractice. A potential lawsuit can increase visibility of the case and help bring other victims forward.
Talking to an attorney carries no obligation and has no cost, and should be a minimum step before taking any settlement or signing any documents related to a medical injury. Once you have heard what the attorney has to say about your case, you can decide whether you want to go further with your action.
For a free case evaluation of possible medical malpractice in New Jersey, please contact the Law Offices of Anthony Carbone, PC.
Posted in Medical Malpractice | Comments Off
March 19th, 2012
If you are considering a medical malpractice lawsuit, there are three main questions you must ask to see if you might have a medical malpractice claim.
Did I suffer injury? You will likely only be able to file a medical malpractice claim if you suffered injury as a result of medical treatment you were given or denied. Injuries can be physical—such as infections, organ damage, or lost limbs—and mental—such as pain, trauma, and diminished quality of life.
Did my healthcare provider violate the standard of care? This is the typical way that medical negligence is defined. All medical procedures carry with them some level of risk, and many injuries occur that do not qualify for a medical malpractice claim. Medical malpractice claims are most successful when a healthcare provider violates the accepted standard of care in your case, increasing your risk and resulting in injury.
Do I have recoverable damages? A medical malpractice claim is intended to get monetary compensation for your injury. This means that you must have damages that can be expressed in monetary terms significant enough to justify a lawsuit. Damages commonly sought include:
- Medical bills
- Lost wages
- Diminished earning capacity
- Expenses associated with disability
- Pain and suffering
- Trauma
- Diminished quality of life
- Disfigurement
- Punitive damages
Note that in New Jersey, there is no cap on either economic or noneconomic compensatory damages. Only punitive damages are capped (at five times the amount of compensatory damages), so you do not necessarily need a significant economic loss to justify a medical malpractice claim.
The only way to know for sure if you have a medical malpractice claim is to talk to an experienced lawyer about your case. Please contact the Law Offices of Anthony Carbone, PC in New Jersey for a free case evaluation today.
Posted in Medical Malpractice | Comments Off
March 15th, 2012
Surgery is inherently risky. Prior to your procedure, your surgeon will inform you of the possible risks and complications associated with the operation; however, a surgical error caused by medical malpractice is an unacceptable risk. Surgical errors can aggravate your condition and create new injuries. You may require invasive treatment to address these injuries, or the injury may have caused physical disability.
Common surgical errors include:
- Wrong site surgery
- Wrong surgery performed
- Puncture of internal organs
- Unsanitary surgical instruments
- Anesthesia errors
Being informed of certain risks, and accepting those risks, is an important part of consenting to your surgery, but medical negligence is not one of these risks. When a surgeon, nurse, or other hospital worker involved in your surgery deviates from accepted standards of care and injures you as a result, you should contact our attorney to learn more about your options. If it can be proven that medical negligence was the direct cause of your injury, you may be able to recover compensation.
If you have been injured by a surgical error in Jersey City, Newark, or elsewhere in New Jersey, please contact experienced medical malpractice attorney Anthony Carbone at the Law Offices of Anthony Carbone, P.C., to schedule a free initial consultation.
Posted in Medical Malpractice | Comments Off
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