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Anatomy Of A Trial

You’ve likely seen depictions of a trial on TV. Whether it was Court TV or a movie like “A Few Good Men,” you get a sense of what goes on in a courtroom between the attorneys, judge, and jury: the tense interactions at the judge’s bench, the dramatic moment when a witness is cross-examined, and terms like “hearsay” and “admissible evidence.” These terms play a very important role in determining what can and cannot be used in a trial. These terms fall under the rules of evidence: the governing rules for what evidence can be introduced in a trial. It’s what you often see on a show like Law and Order SVU — some startling new evidence is uncovered, but it’s inadmissible. For example, if a client falls on…Read More

What If I’m By An Uninsured Vehicle

When you are injured in an automobile accident caused by someone else, it is important to determine how much liability insurance the other driver has. But what happens if they have no insurance or only minimum insurance? Your personal automobile insurance policy includes Uninsured and Underinsured Motorist Coverage (UM/UIM) to protect you in the event you are injured by someone with insufficient or no insurance. While your liability coverage is for the benefit of someone you may injure, your UM/UIM coverage is for your benefit when someone else injures you. Therefore, you should consider purchasing the highest UM/UIM limits you can. Your UM/UIM limits cannot exceed your liability limits. In other words, you cannot purchase more coverage for yourself than you purchase for the benefit of others. There are…Read More

Aimee’s Story: Attorney Lisa Fights for Disabled Workers

Our team is passionate about getting clients the compensation they need. Recently, attorney Lisa Pezzano Mickey testified before the New Jersey Labor Committee on the topic of workers’ compensation permanent disability benefits. Lisa shares the story of one of her clients and explains why this bill is so important to New Jersey citizens. I had the pleasure of testifying recently before the N.J. Senate Labor Committee regarding Bill No. 782, which increases workers’ compensation permanent disability benefits for the loss of a hand or foot. As anyone familiar with the law knows, our state provides woefully insufficient compensation to workers with injuries to their extremities. One of my clients, Aimee, was kind enough to join me in Trenton to share…Read More

Freedom Of Choice In The Workers' Compensation Arena

With the celebration of Independence Day, our thoughts often turn to our love of country and the precious gift of freedom that we have here in America. Every freedom has its limits, of course. The classic example of a limit on the First Amendment is that we cannot yell “Fire!” in a crowded theater. In the arena of New Jersey Workers’ Compensation Law, injured workers gave up the freedom to choose their own physician, supposedly in exchange for prompt access to medical care. In drafting the “grand bargain” between employee and employer, the legislature tried to strike a balance between the needs of injured workers’ while also protecting businesses from expensive lawsuits. As a result, employees cannot receive an award for “pain and suffering” or punitive damages (there are no…Read More

The Doctor Who Denied Care Without Ever Looking at Medical Records

In February, it was disclosed that Aetna’s medical director had been denying medical claims without ever looking at patients’ records. Thanks to a lawsuit, this negligence was brought to the public’s attention. In his deposition, former medical director Dr. Jay Ken Linuma said he was simply following the training guidelines of the insurance giant. According to Dr. Linuma, this meant nurses would review a patient’s records and make recommendations to him based on their review. Aetna refuted the doctor’s statement, reporting that their medical directors are trained to review all medical information that is available about a patient. Dr. Linuma has admitted, under oath, that not once in his three-year tenure as medical director did he look at patients’ records. It’s shocking that this was happening within one of…Read More

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