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Smith and Schwartzstein Law Firm LLC > Articles posted by admin

Understanding the Ins and Outs of PIP Coverage

Personal injury protection, also known as PIP coverage or no-fault insurance, covers the medical expenses for you and your passengers related to injuries sustained in an automobile accident, regardless of who is at fault – and regardless of whether they have health insurance. It can often include lost wages, too. This benefit can also apply if you’re self-employed and need to hire temporary workers to perform tasks. PIP policies have a minimum coverage amount and a per-person maximum coverage limit. This car insurance coverage applies even if you’re not driving. For example, if you’re injured after getting hit by a car while walking,...

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Mounting Issues Show Increasing Need for Prison Reform

People incarcerated in prisons do not have full constitutional rights, but they are protected by the Eighth Amendment's prohibition against cruel and unusual punishment.  They also have rights to speech and religion, to the extent these rights do not interfere with their status as inmates. There are well over 2 million Americans currently living behind bars in the United States.  And, increasingly, prisons have been beset by troubling issues like overcrowding, deficient health care, racial unrest, gang activity and assaults.  Many advocates are calling for substantial prison reform. In the New York area, problems concerning prison – and the need for serious...

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5 Things to Know When Filing a Mechanics Lien

Contractors and suppliers are fortunate to have strong lien rights in New Jersey.  If they are not paid on a New Jersey job, they can file a lien to speed up payment and protect themselves.  However, there are 5 key things to know when considering filing a lien: General contractors, subcontractors, laborers, material and equipment suppliers, architects, engineers, surveyors and construction managers are all entitled to mechanics lien rights, but only suppliers to supplier directly in contact with the property owner are entitled. A participant in a non-residential project has 90 days from the date the labor or materials were...

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Seek Medical Help ASAP Following an Accident

Seek medical attention immediately following a motor vehicle accident.  Most obviously, if left untreated, serious infections or medical conditions can rapidly worsen and become life-threatening.  Equally important, seeing a doctor helps ensure that your injuries will be eligible for insurance reimbursement.  Also, to receive personal injury protection (PIP) coverage, you may have a limited amount of time (known as a statute of limitations) – between 72 hours and two weeks – to see an approved doctor after an accident. If you receive treatment from a non-approved doctor, your claim may be denied, or your auto insurance may refuse to cover...

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Don’t Become a Pedestrian Accident Statistic

There were 6,721 pedestrian deaths in 2020, a 4.8% increase from the previous year.  A pedestrian is killed every 85 minutes in the U.S.  You can significantly reduce your risk of becoming a statistic by taking 5 common-sense steps: Walk on sidewalks whenever possible; when there is no sidewalk, walk facing traffic and keep as far away from traffic as possible. Don’t be distracted by electronic devices that take your eyes off the road. Do not assume drivers see you; make eye contact with drivers as they approach to ensure they see you. Be visible at all times. Wear bright...

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Football isn’t the only dangerous sport for kids’ brains

[vc_row triangle_shape="no"][vc_column][vc_column_text]The doctor who is credited with discovering the condition chronic traumatic encephalopathy (CTE) (and who was portrayed in the film Concussion by Will Smith) has some strong words for those who allow kids to play football. He says it's "the definition of child abuse." However, football isn't the only dangerous contact sport for young brains, according to forensic pathologist Dr. Bennet Omalu. He believes that "there is no reason whatsoever that any child under the age of 18 should play the high-impact, high-contact sports." The doctor includes soccer, boxing, hockey, wrestling, mixed martial arts, lacrosse and rugby in this category. He...

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Start Seeing Bicycles!

[vc_row triangle_shape="no"][vc_column][vc_column_text]Start Seeing Bicycles! Now that school is back in session, there are another segment of bike riders at risk. Therefore it's important for drivers, cyclists and parents to stay vigilant and to know the law regarding bike accidents. A collision between a bike and a car can cause significant injury. Therefore, it is important to be vigilant and know your responsibilities under New Jersey law. A Refresher On New Jersey Bicycle Law New Jersey statutes make clear that "every person riding a bicycle on a roadway is granted all the rights" of a motor vehicle. But drivers often fail to see bike...

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Children’s Advil recalled over error on dosage cups

[vc_row triangle_shape="no"][vc_column][vc_column_text]When it comes to medications for children, even over-the-counter ones, administering the correct dosage is crucial. Even a bit too much of some drugs can potentially cause harm to a small, growing body. That's why Pfizer has recalled some packages of its Children's Advil Suspension. According to the company, one lot of the liquid ibuprofen medication came with cups that were marked in increments of teaspoons even though the dosage chart on the label refers to milliliters. One teaspoon is equivalent to 5 milliliters. The impacted lot, which was bubble-gum flavor, was distributed nationwide in May and June of this year....

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Obtaining compensation for your loved one’s wrongful death

[vc_row triangle_shape="no"][vc_column][vc_column_text]Losing a loved one can constitute a devastating tragedy. When you lose a loved one due to the negligence of another individual or company, you may want to seek compensation for your significant loss. Wrongful death cases in New Jersey involve determining who may bring a wrongful death lawsuit, whom is responsible for a death and what damages apply. If you experienced the loss of a loved one and wish to file a wrongful death claim, it is essential that you hire an experienced attorney to aid you in developing a sound documentation and determining your required damages. New Jersey...

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