October 2015 Archives

SO YOU'VE BEEN ARRESTED

There are ways you can make or break your defense of a criminal charge with things that you say and do in the moments surrounding an arrest. Keep these four tips in mind if you're ever placed under arrest. 

WHAT IS A SURGICAL "NEVER EVENT"?

When you're preparing for surgery, you may have some concerns heading into the operating room: "What if I have a bad reaction to the anesthesia?" or perhaps, "what if they find something more concerning while they're operating?" One thing you shouldn't have to wonder is, "what if the surgeons operate on the wrong part of my body?" The term "never events" is used in the medical field to describe a type of medical error that should never happen, but does. The Patient Safety Network defines never events as "adverse events that are unambiguous (clearly identifiable and measurable), serious (resulting in death or significant disability), and usually preventable." 

CONSTRUCTION SITES' MOST COMMON INJURY SOURCES

No matter what job you have on a construction site, there is always some risk of physical injury. One in every five on-the-job deaths nationwide is estimated to occur on a construction site. One source of injury rises above all others as the leading cause of death on a worksite: falls. In a study conducted by the Occupational Safety & Health Administration (OSHA) of the causes of all 796 construction site deaths which occurred in 2013, falls were by far the most common way that workers died, accounting for the cause of some 284 deaths. The following three most common causes were electrocution, being struck by an object, and becoming trapped in a small space or between two objects. These four causes of death accounted for the cause of 50% of all fatal injuries on job sites.

CO-PARENT LOSES CONTROL OVER CHILDREN'S COLLEGE SAVINGS AFTER MAKING PERSONAL WITHDRAWALS

A divorced spouse with control over a college savings account with his former spouse does not have the freedom to use funds from that account for his own purposes, according to the Appellate Division of the New Jersey Superior Court. The case in question, Daley v. Daley, involved a couple that had two shared children, and divorced in 2007 after nearly 12 years of marriage. The couple, Alexandra and Eric, agreed when they divorced that they would together create a 529 College Savings Plan account for the college tuition of the couple's two children. Eric agreed in the Property Settlement Agreement(PSA) to contribute $300 per child, per month to the account, with Alexandra having access to contribute, should she be financially able. While Eric had primary control over the account, he was required to provide a balance statement to Alexandra on an annual basis. 

CAR ACCIDENTS AND POST-TRAUMATIC STRESS DISORDER

Each year, roughly 1% of the American population is involved in a serious car accident, thus leaving 3 million people with crash-related injuries. Car accidents are sudden, violent, and sometimes fatal events that no one plans on experiencing, which can be a recipe for post-traumatic stress disorder (PTSD). If you are having a hard time handling day-to-day life after a crash, read on to determine if you may have PTSD after your accident. 

"DEFEAT DEVICE" LEADS TO MASSIVE WORLDWIDE RECALL AND LITIGATION

German car manufacturer Volkswagen is facing global scrutiny, and a massive worldwide recall, after a scheme to defraud both environmental agencies and consumers was uncovered. Earlier this fall, a letter from the Environmental Protection Agency (EPA) accused the car manufacturer of violating the federal Clean Air Act by both selling cars whose emissions contained pollutants above legal limits, and for enabling the cars to nevertheless pass inspections. 

DRIVING UNDER THE INFLUENCE OF TOO LITTLE SLEEP

Maybe it's early in the morning after working the night shift, or you didn't sleep well the night before, and without a second thought you're getting behind the wheel. It seems innocent to drive when you're tired, but drowsy driving can be lethal. Below are some facts on the dangers of drowsy driving. 

FACEBOOK POSTS ADMISSIBLE AS EVIDENCE IN DIVORCE?

Social media has gone beyond novelty status and has become a fixture of modern life. Many of us share a substantial portion of our day-to-day lives on platforms such as Facebook, Twitter, and Instagram; you could even track just about every move some people make in a given day from their social media activity. More and more, those posts tossed up without a second thought are becoming evidence in divorce and custody disputes. In short: be careful what you post. 

WHAT ARE NEW JERSEY'S MOST DANGEROUS HIGHWAYS?

Some roads are more likely to be the site of an accident than others. A recent report created by the New Jersey Department of Transportation lists the rates of accidents on New Jersey highways per mile-marker, creating a rating of the number of accidents per miles traveled on that highway. At the top of the list is Route 156, a 1 ½ mile long stretch of road in Mercer County. In 2014, this stretch of road witnessed 14.09 crashes per million vehicle miles traveled. In contrast, the longer and busier Route 9 had a rate of 3.56 accidents per million miles traveled. Other highways with high accident rates are often short connector roads between larger highways, such as the mile-long Route 140 in Salem County, which connects the New Jersey Turnpike with Routes 40 and 130. Route 140 has an accident rate of 11.82 per million miles traveled. Other New Jersey highways with the highest accident rates include Route 124, Route 82, Route 7, Route 184, and Route 59. 

WHAT CAN YOU DO TO PROTECT YOUR HOME FROM FIRES?

Perhaps you've developed a plan that you and your family will follow in case of emergency in your home. This is a great idea that may save lives one day. However, there are additional steps you should take to prevent the risk of a fire breaking out in your home. Below is information on fires in the home, common causes of fires, and ways you can prevent injuries or damages caused by fire

COURT ORDERS REIMBURSEMENT OF ALIMONY WHERE EX-WIFE CONCEALED NEW RELATIONSHIP

As in most areas of life, one New Jersey Appellate Division alimony case shows that deceit doesn't pay. The case, Dougherty v. Heitmann, involves a couple who had been married for 25 years when they divorced in July of 2009. The property settlement agreement that the couple entered into stated that Heitmann would pay Dougherty alimony for five years or until she moved in with a new romantic partner, whichever came sooner. Heitmann began paying alimony on April 1, 2010. 

WORKERS' COMPENSATION LIENS--HOW DO THEY WORK?

If you've been hurt on the job in New Jersey and can't work, you need money right away to cover your lost wages and additional care expenses. You can't always wait for the completion of a full investigation into what caused the injury, or for the conclusion of a lawsuit which may result in an award of damages for you when a third party is responsible for your injuries. Fortunately, workers' compensation is designed to result in payments for your wages and to cover your medical costs right away, so that you'll keep being able to meet your expenses while longer-lasting investigations or lawsuits move forward. Due to the challenges of navigating the workers' compensation system, it is often a good idea to hire an attorney to help ensure your claim is paid. Another benefit of hiring an attorney is that the attorney will be able to determine whether there are any responsible third parties that may be liable for causing your injuries, such as the manufacturer of a defective piece of equipment.

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