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Wayne Personal Injury Law Blog

Wrongful death suit and guiding you through the process

Losing a loved one is something we all must face at one point in our lives; however, many of us are ill prepared to deal with the sudden death of a loved one. An automobile collision, work accident, medical error, defective product or a dangerous property could be the source of a fatal accident. And in these matters, a negligent party is likely to blame.

There's nothing that can be done to replace a loved one lost in an accident, and the attorneys at Serafini & Serafini, P.C., are sensitive to that. Our law firm is focused on helping surviving family members in New Jersey navigate these difficult times, helping them understand what rights and options they have to overcome the losses caused by this tragic event.

How do "statutes of limitations" apply to wrongful death claims?

All civil lawsuits have what are known as "statutes of limitations." This is the time period in which a person can file a lawsuit. Once the time period is up, a person can no longer pursue a legal claim. This is true of personal injury claims, including wrongful death lawsuits. Each state has its own statute of limitations for wrongful death claims, so this post will only speak generally about this topic and does not provide legal advice. Those who want to know what the statute of limitations is for wrongful death claims in New Jersey will want to speak to a professional.

When it comes to wrongful death claims, in general the statute of limitations begins when the person pursuing the lawsuit knows or through reasonable diligence should have known the cause of their loved one's death. Some states utilize the "discovery rule" to determine when the decedent knew or should have known the cause of his or her death, meaning the wrongful death statute of limitations would begin running before the decedent's death.

Internal bleeding could slowly put your life in jeopardy

Once the vehicles came to a stop, it probably took you a minute to realize that you survived the crash. It may have taken another few minutes to figure out that you could move.

Perhaps you didn't see any outward signs of injuries, and after looking at the wreckage, you feel lucky. You may not have any injuries that you can see right now, but you could have internal bleeding and not know it yet. Even if you go the doctor as a precaution, diagnosing internal bleeding is not always easy, especially if it is slow.

Are New Jersey bus drivers subject to hours-of-service rules?

People in New Jersey may already know that drivers of semi-trucks must follow federal regulations that dictate how long they can be on the road before having to take a rest break. These "hours of service" regulations are meant to prevent drowsy driving. They are especially important because the sheer size difference between a semi-truck and a standard automobile is so great that, if the trucker falls asleep behind the wheel and causes a commercial vehicle accident, it is the occupants of the other vehicle that can wind up seriously injured or even killed.

However, what New Jersey residents may not know is that hours of service rules also apply to passenger-carrying drivers, such as bus drivers. However, the rules for passenger-carrying drivers differ slightly from those property-carrying drivers must follow.

You were in a collision. Now, what?

You were driving along the New Jersey turnpike and another vehicle slammed into yours. The next few seconds might have passed in a seemingly slow-motion speed, as many accident victims later say they experienced this sensation. When your car came to a halt, you may have also felt dazed or confused, perhaps frightened and in pain, as well.

People don't typically sit around thinking about what they'd do if they were to be involved in a car accident. However, it pays to ponder such things so you have a plan in mind if a collision ever occurs. In addition to things you might do or say in the aftermath of a motor vehicle collision, there are also numerous things you'll want to avoid.

Can New Jersey motorcyclists sue if they didn't wear a helmet?

Many motorcyclists in our state are hitting the streets and highways this summer, whether it is to get from point A to point B, take a scenic ride or simply for the fun of it. However, motorcycles do not offer the same protections to riders that automobiles do, such as seat belts, air bags and crumple zones. This leaves motorcyclists more vulnerable, should they be struck.

For this reason, many states, including New Jersey have mandatory helmet laws. Here, motorists are required to wear a helmet that is approved by the Department of Transportation. But, does this mean that if a motorcyclist fails to wear a helmet, and suffers a head injury in a motorcycle accident caused by a negligent driver, that the motorcyclist cannot pursue a personal injury claim?

Proposed trucking regulations could lead to more accidents

Drowsy driving is dangerous under any circumstances, but it is especially dangerous when New Jersey operators of semi-trucks drive while fatigued. If they fall asleep at the wheel, the sheer size of their vehicle could make any resulting truck accident catastrophic. For this reason, the U.S. Department of Transportation (DOT) has regulations that limit how long a commercial trucker can be behind the wheel before having to take a rest break.

However, the DOT is now proposing changes to these regulations that would relax drive-time rules for truckers. Currently, semi-truck drivers can only drive 11 hours within a 14-hour on-duty period. In addition, semi-truck drivers are required to take 10 hours off in-a-row between shifts. And, semi-truck drivers are required to take one 30-minute rest-period before reaching the end of an eight-hour shift.

Guiding you through a civil action following a serious accident

The possibility of a car accident in New Jersey and elsewhere is apparent when one gets into a vehicle; however, one does not think that he or she will be involved in a crash. Unfortunately, a distracted or negligent driver could turn up anywhere with any motorist, causing even the most careful driver to be at risk of an automobile collision. The accident itself is likely shocking to those involved; however, the aftermath of the crash is likely the most impactful. The injuries and damages are likely to impact a victim physically, mentally, emotionally and financially, and this can be extremely overwhelming.

Serious and significant injuries could befall a car accident victim. This can leave the injured victims facing ongoing medical care, the inability to work, medical bills and other losses. This can be a very overwhelming experience, and victims can feel confused and hopeless. This is where our law firm can be of assistance. At Serafini & Serafini, P.C., our skilled attorneys are prepared to help accident victims in the Wayne area, guiding them through a civil action.

Filing a wrongful death action after the loss of a loved one

While death is inevitable, it is a difficult life event to cope with. This is especially true when a loved one is suddenly taken away due to the negligence of another person. It can be difficult for individuals in New Jersey and elsewhere to process such an event, causing some to question what can be done to overcome the damages caused by this sudden and tragic loss.

The world can seem to stop when a loved one is lost in an accident. It is a horrible event and it can take time to process it. At Serafini & Serafini, P.C., our attorneys understand how emotional and delicate these matters can me. Thus, we are sensitive to our client's needs, helping them fully understand their situation and what options they might have.

Motorcycle accidents: Things to know about the aftermath

As a New Jersey motorcycle enthusiast, you likely start itching to get your bike on the road as soon as springtime rolls around. Like most motorcyclists, you enjoy being on the open the road, under a big, blue sky. You also make sure to brush up on your riding skills, as well as update yourself on current traffic laws and safety regulations before riding.

The problem is that no matter how safe a rider you are, there's no guarantee that the other motorists with whom you share the road will act likewise. In fact, some drivers are downright reckless. That's why it's also important to know what to do if you're involved in a collision and you suffer injury.

New Jersey Certified Civil Trial Attorney

Why Is This Important? Roughly 3% Of Attorneys Achieve This Status.

A certified civil trial attorney is a designation granted by the New Jersey Supreme Court to attorneys who can demonstrate sufficient levels of experience, education, knowledge, and skill in civil trial practice. The Supreme Court, through its Board on Attorney Certification, designates only those lawyers who apply for certification and who are able to meet the standards set by the Board and approved by the Court.

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Wayne, NJ 07470

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