06 January

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Taxable or Not Taxable. That is the Question

A question often asked by those who have received settlements in personal injury lawsuits is whether they must include the proceeds of the settlements in their income. The answer, not surprisingly, is that it depends on the facts and circumstances of the case. As a rule, the proceeds received from most personal injury claims are not taxable under either federal or state law. The IRS does not tax settlement awards if the case demonstrates “observable bodily harm.” Whether you settled the case before or after filing a personal injury lawsuit in court is irrelevant. A settlement payment may consist of various elements that...

09 November

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Understanding the Ins and Outs of PIP Coverage

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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,...

04 October

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Seek Medical Help ASAP Following an Accident

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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...

29 September

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Don’t Become a Pedestrian Accident Statistic

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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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[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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[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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[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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Truck driver cited in New Jersey crash that sent 4 to hospital

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[vc_row triangle_shape="no"][vc_column][vc_column_text]Crashes involving tractor-trailers and other large trucks can be extremely dangerous to people in smaller vehicles that are involved in the collisions. However, anyone in the vicinity can be in peril as well. A crash on Sept. 7 in Rochelle Park, New Jersey, between a tractor-trailer and a car resulted in four injuries and sent concrete chunks into a third vehicle. The collision occurred on Route 17 just after 9:00 a.m. Both the tractor-trailer and the car, a Honda Civic, were traveling north on the highway when they collided. The truck then hit a concrete divider, which broke apart. That's...

27 November

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Assault and battery personal injury claims

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[vc_row triangle_shape="no"][vc_column][vc_column_text]As technology has improved, so has the ability to apprehend criminals and prove injury claims. Just as a dashboard camera can point to an at-fault driver in an automobile accident, an ATM camera may identify the culprit behind an assault and battery incident that leaves a victim with severe injury. Defining assault and battery Assault occurs when one person threatens bodily harm to another, causing the victim to reasonably assume they will be hurt. Assault charges are usually coupled with the actual act of inflicting bodily harm, which falls under battery charges. However, if a victim did not realize they were...

27 November

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Tips for staying safe while you and the kids trick or treat

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[vc_row triangle_shape="no"][vc_column][vc_column_text]On behalf of Smith + Schwartzstein posted in Personal Injury on Thursday, October 11, 2018. It shouldn't surprise anyone to learn that Halloween is one of the most dangerous days of the year for pedestrians. The combination of more people walking on or near the road after dark and people driving to and from parties with alcohol in their system is a deadly one. Children are at particular risk on this holiday. According to the Centers for Disease Control and Prevention (CDC), the risk of being hit by a car quadruples for children on Halloween. When Halloween falls during the week,...

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