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Wrongful Death Cases

Wrongful death claims are distinct from personal injury lawsuits because personal injury suits are brought by the victim. But in the case of a wrongful death, the victim is unable to receive his or her just compensation.

A wrongful death lawsuit is technically brought by the decedent’s estate or heirs—namely his or her spouse and children who received benefit from the deceased during his or her life.

In order to bring a wrongful death claim, the decedent’s family members must prove that they have suffered (and will continue to suffer) financial losses as a result of the death. Damages in a wrongful death suit are based on monetary contributions the decedent was reasonably expected to make to survivors, rather than the survivors’ unique needs.

A survival action allows a decedent’s estate to make a claim for the decedent’s injuries before he or she died. Unlike a wrongful death suit, a survival action deals with the pain and suffering of the deceased, rather than the pain and suffering of the surviving family members. A survival action allows for compensation for pain and suffering in the time span between injury and death.

For example, take a construction worker who was gravely injured in a structural collapse. He suffered many physical injuries, emotional pain, decreased quality of life, and lost out on several weeks of wages. He planned to file a personal injury suit against his employer, but he died of medical complications before being able to. A survival action allows the decedent’s estate to collect damages for the construction worker’s pain and suffering, lost wages, etc.

One key difference between a survival action and a wrongful death claim is that, in survival actions, the damages recovered go the decedent’s estate, not directly to the family members; the damages are then distributed according to the decedent’s will (or according to state law, if there is no will).

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5 Best Things to Do: After a Slip and Fall Accident

Getting hurt in a slip and fall isn’t something that is ever planned. When the unexpected happens, you may be scared and confused. Here’s what’s best to do after a slip and fall accident.

1. It’s Best to Seek Medical Attention

Not only is medical attention critical for your safety, but it’s also the first step in building your case. When you’re hurt in a slip and fall, the best initial step is to have your injuries documented. Visiting a doctor immediately after your slip and fall is the best thing you can do to create an expert record of your injuries. Seeking medical attention quickly after a slip and fall also proves the timing of your injuries. It’s common for the insurance companies to try to dismiss your injuries by claiming that you must have gotten injured on another occasion. Going to the doctor right away is the best way to prevent the other side from having any chance to say that you got injured another way. Also, the full extent of your injuries may not be immediately apparent to you after a slip and fall. If you have head trauma, you may not be aware of it. There are a variety of injuries that might be hidden to you in the aftermath of a fall. A medical expert knows what to look for to ensure all your injured are identified.    Not only is a full accounting of your injuries critical for your recovery, but it’s also critical to building a complete case to maximize your recovery. 

2. Inspect the Scene

What caused you to fall? Did a store have a display where someone could easily trip on it? Was there water on the floor? Did the store let too many people in to shop at once for a special event? The best time to try and pin down the cause of your slip and fall is immediately after it occurs. Look around you. If you can pinpoint the cause of your fall, you can work backward to determine what the store owners and employees might have done differently to prevent you from falling.  

3. Take Photographs

While the jury can listen to what witnesses have to say and visualize the scene, it’s more powerful if the jury can look at photos. Even if you’re not sure what you’re taking a picture of, it is best to take photos of the scene. It is best to take photos of the floor, the area around you, and even the area that surrounds the scene. Your attorney can help you determine what’s most important later. Photos can be critical to show the jury that your version of events is accurate.

4. Identify Witnesses

Witnesses are critical to verify your version of events. If your slip and fall happens at a business, other customers might be your best witnesses. It’s important to get their contact information so that you can call them to testify on your behalf. Approach witnesses and ask for their name, phone number, address, and email address. You can even ask for a brief explanation of what they saw. When you work with an attorney, they will follow up with witnesses quickly. They’ll ask them for a detailed statement in writing. If there aren’t third-party witnesses, you may still have a strong claim for recovery. However, having witnesses in your corner is the best way to prevent the defense from trying to deny your version of events

5. Make Official Reports

A business might want you to make an accident report for their records. The best thing for you to do is to go ahead and make the statement. Make sure you include all vital information. Making an official report can be critical for the timing of your claim. Having the complaint on file is often the best way to stop the other side from claiming that you didn’t take your accident seriously when it happened or that it didn’t happen at all. 

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5 Best Things to Do: After a Car Accident

1. Stop. As soon as it’s safe to do so, stop your vehicle. 

2. Call the Police. You may be required to call the police if anyone has been injured, and it’s always best to have an officer at the scene in any case.

3. Be Careful What You Say. Statements you make at the scene to the other drivers involved in an accident almost always do more harm than good.  Its best to wait in or by your own vehicle for the police to arrive.  

Be Careful What You Don’t Say.   If you are feeling any pain or discomfort after the accident its best to tell the police officer about this.  Even if you are going to refuse medical attention at the scene, its best to have the police officer document any complaints you have.

4. Don’t Make Any Agreements. Striking a deal with the other driver is almost always a bad idea.   Offering to make a deal at the scene of the accident with one of the other drivers is the best way to hurt any future claims.  The insurance company will use these statements against you to make it appear that you are not being genuine. 

5. Take Photos of the Scene and other vehicle(s). Pictures are the best way to preserve the accident scene and capture the extent of vehicle damage.

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Best Time to Travel during the Easter Holiday Weekend

Traffic experts have revealed the best times to get away over the Easter Holiday weekend, with up to 12 million car trips expected across the country.

Good Friday will be the most likely day to get stuck in a traffic jam, with a total of 4.4 million journeys being made by road.

Drivers are warned to avoid travelling on the during peak congestion times, from late morning to the afternoon.

Instead, the RAC’s official advice is to set your alarm clock and hit the road early, or wait until traffic has died down in evening.

Dan Croft, incident group operations manager at traffic information service INRIX, said: “Drivers in the UK are all too familiar with traffic jams. In fact, the average UK driver lost more than 170 hours to congestion last year. During peak hours over Easter, journeys could take UK drivers three times longer than usual.

“We are predicting Good Friday will be the worst for traffic from late morning into the afternoon. For drivers looking to avoid the worst congestion, the best options are to travel on Saturday, set off early in the morning and keep updated with real-time traffic data.”

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$1.5 Million Arbitration Award for Injured Minor

A mom and daughter day out turned into a three-year legal battle culminating in a $1.5 million arbitration award for our client.    On July 25, 2015 a sunny and warm summer day, a SUV ran a red light and broad-sided the vehicle in which our client was a passenger.  Following the accident our client was taken to the emergency room by ambulance where she was admitted for a severe head injury.   Following an eight-day hospital stay our client had to undergo multiple rehabilitative therapies such as cognitive therapy, physical therapy and speech therapy.   After completing therapy our client returned to a normal and active life where she went back to school and playing soccer with her friends. 

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How to Choose an Attorney Best for You

  1. Certified: Less than 2% of all attorneys in New Jersey are Certified Civil Trial Attorneys-Gregg A. Williams is one of those who has this prestigious distinction. A certified attorney is best to represent you in a personal injury case as they are the most experienced trial attorneys and are required to pass a rigorous certification vetting process including additional board exams other attorneys have not passed.
  2. Specialty: It is best to choose an attorney who focuses his or her practice on one specific area of law, not a myriad of areas—with expansive knowledge in that one area of law and that will best serve your needs as a client. The Law Offices of Gregg A. Williams focuses ONLY on personal injury accident cases.
  3. Proximity to you: It is always better to retain an attorney close to your home and in a central location in New Jersey. The Law Offices of Gregg A. Williams is located right in the heart of East Brunswick, right off the Exit 9 New Jersey Turnpike. It is best to have an attorney who is close to your location.
  4. Experience: The best attorneys are the experienced ones. The Law Offices of Gregg Williams has over 20 years of experience practicing personal injury law. It is in your best interests as a client to choose an attorney who not only has experience in law, but in a specific area of law.
  5. Home Team:  It is best to have an attorney who practices often in the court and county where your case will be venued. Our trial attorneys have tried cases in nearly every county in the State most frequently Middlesex County, Monmouth County, Union County, Essex County and Somerset County.