07 October

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5 Things to Know When Filing a Mechanics Lien

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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...

04 October

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Seek Medical Help ASAP Following an Accident

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in personal injury

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...

30 September

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Successful Representation of Municipal Employee in Sexual Harassment Lawsuit

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in Sexual harassment

Smith & Schwartzstein is proud to have successfully represented a Paterson employee in her sexual harassment lawsuit. Municipal officials agree to pay $150,000 to settle the lawsuit filed by a public works employee, a former truck driver....

29 September

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Don’t Become a Pedestrian Accident Statistic

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in personal injury

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...

27 November

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

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in personal injury

[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...

27 November

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Start Seeing Bicycles!

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in personal injury

[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...

27 November

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Children’s Advil recalled over error on dosage cups

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in personal injury

[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....

27 November

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Obtaining compensation for your loved one’s wrongful death

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in Uncategorized

[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...

27 November

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Who owns ‘work made for hire?’

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in business law

[vc_row triangle_shape="no"][vc_column][vc_column_text]If you're a painter, writer, musician or another type of artist, inventor or innovator, you may seek to copyright your work. This can prevent others from using it or profiting from it without your permission. An exception to this is what's called "work made for hire." This is essentially any work that you create as part of your job. That's the case whether you're an employee of a company or an independent contractor who has been hired by a company to do work for them. In that case, any copyright for the work would belong to the company (or individual)...

27 November

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Who can be sued for construction defects?

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in business law

[vc_row triangle_shape="no"][vc_column][vc_column_text]Lawsuits over construction defects can be complicated. There are a number of individuals and entities involved throughout the process of erecting a building — architects, engineers, developers, contractors, subcontractors and suppliers. Plaintiffs must determine which of these is responsible for the defect and require them to fix it and pay damages. Of course, defendants may disagree with that assessment and place the blame on someone else involved in the construction or renovation of a property. There are multiple types of construction defect suits. The most common include negligence, breach of contract, breach of warranty, strict liability, negligent misrepresentation and fraud. Let's...

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