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Smith & Schwartzstein Represents Hoboken Father in Civil Rights Case

A Hoboken dad who beat a criminal case alleging child endangerment has filed a 14-count lawsuit against the city and police department in Hudson County Superior Court alleging false arrest, false imprisonment, slander, violation of his civil rights, and much more. He is being represented in this civil case by Smith & Schwartzstein's Andrew Smith.  For more information on the case, click here....

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Former Inmates Sue Passaic County Jail Over Alleged Abuse and Abhorrent Conditions

Three former inmates are suing the Passaic County Jail, its warden and the county sheriff over a number of alleged abuses they endured during their incarceration, including discrimination, negligence and a sexual assault by a former corrections officer.  Smith & Schwartzstein's Andrew Smith, who represents the former inmates, said, "The conditions were horrible, and no human should have been subjected to them."  To read more on northjersey.com, click here....

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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...

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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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