by
JERROLD KAMENSKY, ESQUIRE
Senior Partner, Kamensky- Cohen

Auto accidents are, unfortunately, an ordinary part of our lives. They are costly, not only because of our auto insurance expenses but also because of the impact on our lives both economic and as a result of pain and inconvenience they cause.

Having practiced law in the areas involving personal injury for almost forty years I have seen the impact on my clients lives ranging from minor soft tissue (muscle, tendons and ligaments) to lifetime disabilities such as burns, brain damage, crippling fractures and nerve damage causing paraplegia and even quadriplegia. Our office has also handled many cases resulting in death which certainly impacts significantly on the lives of a family and friends of the unfortunate victim.

While some accidents can certainly be avoided by careful, attentive and defensive driving you cannot always protect yourself from the negligence of others, especially in the age of cell phones, GPS guidance systems and text messaging.

So if you do find yourself in an automobile or other moving vehicle such as motorcycle, bicycle or truck accident, shown below are the important steps you should take to protect yourself from possible legal, medical and/or financial problems that might arise from that accident:

At the scene:

a.) Contact police immediately so that a proper accident record is created that describes the events that led to the accident and the consequences of the accident. Be certain the report the accident to the police officer in a concise statement (please do not talk to much) and in a light most favorable to you. While you may be tempted to make polite apologies to another driver, they can be construed as an admission of fault, so do not do it. Even if you might be at fault, do not make any statements of fault. Let the police make there own judgment.

b.) Never tell the officer at the scene of the accident that you are not injured even if you think you feel fine. A statement that you are shaken up unsure if you are hurt will help should litigation become necessary. We are not suggesting you lie, just letting you know that most soft tissue injuries such as muscle, ligament and cartilage damage will not become apparent for 12-24 hours. A statement that you are not injured at the scene of the accident will, without doubt, be used against you in any later settlement discussions, trials and even insurance claims for medical attention should injuries later show up as a result of the accident.

Insurance Claims:

Make sure you get the name of the other driver’s or drivers’ insurance company at the time of the accident. Report the accident to your insurance company immediately giving them the date and time of the accident and the other driver(s) insurance information. DO NOT GIVE YOUR INSURANCE COMPANY ANY OTHER INFORMATION WITHOUT FIRST SPEAKING TO AN ATTORNEY. Neither the other driver(s) NOR your insurance company is looking out for your best interest. Trust me on that…your insurance company may talk of “good hands” but they are looking to pay the least amount of money on any claims you make as possible.

Repairing your vehicle: Take your vehicle to a qualified Auto Body Shop. If you have property damage coverage on your insurance policy, your own insurance company will arrange for the repairs. Your deductible or a portion of it may be paid by the other driver’s insurance company depending on the assessment of who is at fault for the accident. That is another good reason to speak to your attorney first before any further steps are taken. BE CERTAIN TO OBTAIN PHOTOS OF THE DAMAGE BEFORE REPAIR FROM THE BODY SHOP. Digital copies are best.

Medical Care:

a.) Always see your family physician within three days of the accident and if you are feeling any pain at the scene of the accident you would like to go to the hospital. If an ambulance is necessary because you are not feeling up to driving or your vehicle is not capable of being driven, ask the officer to arrange for an ambulance for you.

b.) At the emergency room and any subsequent visits always report any pain that you are feeling no matter how small you think it is at the time. The reason is that if your pain gets worse and becomes a permanent problem, it is extremely important that you are able to “connect the dots” back to the accident. Consistent reporting of areas of pain that increases and even decreases over time will establish the connection to the accident. Throughout your treatment be very careful what you say. I recently had a case in which my client was severely injured in an accident required pain surgery and was left with a severe permanent injury to his leg. After the surgery he advised his physician that he was feeling “80% better”. This was used against him at the time of trial. Report your accident truthfully but in a light most favorable to you. At the ER people tend to focus on the place in their body where they are feeling the most pain. That is not always what ends up to be the real problem so be certain to report all pain, if it is present in any place in your body as it can get a lot worse. After specific descriptions of pain, a statement to the triage nurse and or treating ER doctor to the effect that “I ache all over” (if true) can assist later in evaluating your case should new symptoms appear at a later date.

Medical Expenses:

a.) PIP coverages on your auto policy – Most drivers in New Jersey have personal injury protection coverage (PIP) on their automobile insurance policies. This coverage is considered one of the best in the nation as it provides $250,000.00 of medical coverage. In exchange for that substantial amount of coverage you are liable for a copay and deductible of $1,200.00 on the first $5,000.00 of medical expenses. That money is non refundable, however, if a doctor treats you for a substantial period of time they will sometimes be willing to reduce the copay obligations. In addition, if you have your own health insurance, you should report both policies to your physician because the copay and deductible can, in some cases, be picked up by your health coverages.

Health Insurance alternative – Some people have opted out of the PIP coverage when selecting their policy coverages, have no auto insurance or may not be eligible for PIP¹ for reasons to complex to go into here. If you have substituted your own health insurance policy as primary on your auto policy or have no auto insurance and use private health insurance or medicare/medicaid coverages you may be required to reimburse your insurance company for the money they lay out for your care related to the injuries sustained in the accident. If you settle with the other driver’s auto insurance company without this being taken into consideration you could be stuck for those bills. A knowledgeable attorney who is experienced in auto accident injury cases will know to include the amount of the bills in your settlement so you are adequately protected. This is one of the reasons that the insurance industry likes to settle before the lawyer is involved.

c.) In addition there are complex insurance issues that arise when you are injured in a state in which you do not reside. These are called conflict or choice of law issues. Our lawyers are admitted to practice in both Pennsylvania and New Jersey . In those cases where a Pennsylvania licensed and insured driver is injured in New Jersey and/or the reverse, the insurance laws can get quite complex and it is very important that you become aware of, and your attorney is familiar with, those complexities. Jerrold Kamensky and Philip Cohen teach those matters for continuing legal education courses.

Selecting your lawyer:

a.) Of course you knew that I would get to this point and I have a good deal of bias in this area. Kamensky- Cohen & Associates has been practicing personal injury and insurance law since 1972. It is not the only area of our practice and I would suggest you see our website to explore other areas that we can help you with. We have exceptional depth of experience in both New Jersey and Pennsylvania and we have taught other lawyers on the inter-relationship of automobile insurance law between the two states.

If you click on the friends and family link below you will connect to our website and you can sign up to become a member of our “friends and family”. So long as you are a member thirty days or more before you are involved in an accident you will be treated with a special rate as set forth in the friends and family section.

Once you are a member of friends and family we will assist you, without charge in reviewing your automobile insurance and provide you with advice on how to get the best protection for the least amount of money. We are here to help you.

Kamensky Cohen has recently had a remarkable success in a legal claim against the American Boychoir School in Princeton New Jersey. Our client claimed that the former director of the school and other co-workers were involved in pedophilia in multiple instances.

This childhood sexual abuse case presented several unique problems including the fact that it was over 35 years old. The concept of the statute of limitations made this a very difficult matter to overcome, however, our legislature in New Jersey has passed legislation which allows a more liberal interpretation of the statute of limitations. Our Supreme Court in a similar case recently provided “good law” upon which reroute let rely to get past that statute of limitations which is ordinarily two years. In a settlement reached less than one month ago our client entered into an agreement the provided him with a sum of money that we are not permitted to disclose. Our client, however, has expressed great satisfaction with this outcome. Sexual abuse is a problem that has been pervasive and has been widely reported in the press in the past several years. Claims against the church, against private schools and individuals have been handled by this office with great success.

The Labor Law Department at Kamensky Cohen is presently involved in several claims of sexual harassment, some of which have already been resolved, once again, to the great satisfaction of our clients.

Health Insurance Nightmare Resolved

What had turned out to be an ongoing nightmare is finally over for one satisfied Kamensky Cohen client. Several years ago our guy was involved in a horrific accident while riding his motorcycle. The driver of a car had made a right turn in front of him and, with no time react, the client struck the rear of the offending car. The injuries were so severe that a local police officer who had known the motorcyclist since grade school was unable to recognized him. Fortunately the motorcyclist’s team of doctors were not only able to save him, but had also save his right hand that was essentially amputated.

Recovery was long and difficult. There were multiple surgeries and months of painful physical therapy sessions. The treatments resulted in a substantial amount of medical bills, which, thankfully were covered by the client’s health insurance. However, that same health insurance carrier then put a lien on the client’s lawsuit’s recovery for damages to pay them back for the money they had paid to cover his medical bills! A lawsuit had been filed against the driver of the car that had caused the accident to recover for our client’s lost income and permanent loss of use of dominant hand that had been the result of the accident. If paid back to the health insurance carrier to compensate them for the money they paid out for his medical care, it would have left the client with little to compensate him for his permanent losses and lost income. Where is the justice in that! He had paid his health insurance premiums for years for just such a situation and the insurance carrier wanted to take back their costs for providing him with medical care from money he recovered in his lawsuit for damages!

The health carrier’s claim was based upon the federal act, commonly known as ERISA. ERISA or the Employee Retirement Income Security Act provides the health carrier with a legal right to seek recovery of the medical bills that it had a contractual obligation to pay. Since ERISA is a federal act, it supercedes New Jersey law that prohibits the health carrier’s attempt to collect the funds from our client. It was a tough case!

Kamensky Cohen took an aggressive approach against the health insurance carrier to identify the limited exceptions to ERISA’s preemptions of New Jersey law. Our efforts were finally successful. The resolution of the case eliminated  most of the health carrier’s lien against our client’s recovery. We had one truly relieved and satisfied client. Our reputation is our most important asset. We guard it with our clients’ satisfaction!

IF YOU LOSE YOUR JOB-

WHAT YOU NEED TO KNOW ABOUT

UNEMPLOYMENT COMPENSATION & MEDICAL INSURANCE

By Mark Laderman, Esq. , Associate Attorney

Law Firm of Kamensky-Cohen

The American economy lost more than 2 million jobs in 2008, the most of any year since the end of World War II. Manufacturing activity is at its lowest level in nearly three decades. Experts believe unemployment could reach double digits if no action is taken.

In response to these challenges, on February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (Act).  It has been hailed as an unprecedented effort to jumpstart our economy and create or save millions of jobs. The Act has been called an extraordinary response to a crisis unlike any since the Great Depression, and includes measures to modernize our nation’s infrastructure, enhance energy independence, expand educational opportunities, preserve and improve affordable health care, provide tax relief, and protect those in greatest need.

While the Act affects many people in many different ways, there are two major changes affecting those who have lost their jobs in these tough times.  First, the Act extends the Emergency Unemployment Compensation (EUC) program through December 2009, increasing weekly Unemployment Insurance benefits, and providing financial incentives for states to modernize their Unemployment Insurance systems to expand coverage and handle higher workloads.  Second, the Act changes the potential avenues available to continue medical insurance coverage after a termination of employment.

In New Jersey, all individuals receiving regular Unemployment Insurance (UI), Extended Unemployment Compensation (EUC), Self-Employment Assistance (SEA), Trade Act (TRA), Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Servicemembers (UCX) benefits will receive an additional $25 payment for each week of benefits paid beginning with week ending February 28, 2009, and extending through the week ending July 3, 2010, provided that the claim for benefits is dated no later than December 20, 2009.  Therefore, if you are uncertain if you are eligible, you should contact a qualified attorney to discuss your particular situation.Â

In addition, the Act has changed the potential avenues available to continue medical insurance coverage after a termination of employment.  One change is that eligible individuals now pay only 35% of the Consolidated Omnibus Budget Reconciliation Act (COBRA) or New Jersey Continuation premium and have no responsibility for the remaining 65% of the COBRA or New Jersey Continuation premium. The premium reduction applies to periods of medical insurance coverage beginning on or after February 17, 2009 and lasts for up to nine months.

Generally, COBRA applies to employer groups who employ twenty or more employees.  COBRA is the Federal law that allows persons who lose medical insurance coverage for a variety of reasons to continue coverage under the group plan of their employer for fixed periods of time.

In New Jersey, Continuation usually applies to employer groups who employ fewer than twenty employees. New Jersey Continuation is based on a New Jersey law that allows persons who lose coverage for a variety of reasons to continue coverage under the group plan of their employer for fixed periods of time.

There are some exceptions to the twenty or more employee guideline for COBRA and less than twenty employee guideline for New Jersey Continuation, so the best way to find out which law applies to you is to contact your lawyer.

*The laws are continually changing to meet the needs of the nation’s economic situation.  To insure that your benefits and rights are accurately being served, contact a reliable attorney specializing in Labor and Employee Matters.  Kamensky Cohen has attorneys whose area of practice is devoted to these issues.  You can reach them at info@kc-law.net or visit http://kc-law.net.

A Seminar entitled “New Jersey Auto Law” delivered to the Bucks County Bar Association by Firm Partners Jerrold Kamensky and Philip Cohen recently received “excellent” evaluations by attendees. The overall evaluations the Bar Association received from those in attendance were “exceeded expectations” by half of the respondents and “excellent” by the remaining half. Among the comments were “obviously expert in the field.” But we knew that!!

Among the many topics covered, Mr. Cohen and Mr. Kamensky focused on areas of the law that differ between the two states of New Jersey and Pennsylvania and how those laws impact upon cases involving injuries suffered in an auto accident. Many of the clients injured in an auto accident that a Bucks County Lawyer represents may have been injured while actually driving in New Jersey due to the shared border of the two states. Kamensky and Cohen pointed out many instances where a different strategy is needed than the one that might be used if the accident had taken place in Pennsylvania in order to get the best results for that client. Although the injured party will probably have a Pennsylvania insurance policy, they pointed out, either New Jersey or Pennsylvania laws may be employed, and the choice should be based on which would benefit the client under the specific circumstances of the incident and the coverages of the insured’s auto policy. Many examples of which is the best choice, given varying circumstances, were offered to attendees.

Both Mr. Kamensky and Mr. Cohen are licensed to practice in New Jersey and Pennsylvania and are members of the Mercer County (New Jersey) and Bucks County (Pennsylvania) Bar Associations. Mr. Kamensky and Mr. Cohen will repeat the presentation for the Bucks County Bar in the spring. Attorney attendees can receive Pennsylvania CLE (Continuing Legal Education) credits for their attendance.

A comprehensive overview of how to purchase Automobile Insurance that best protects you and your family in the event of an auto accident in the states of New Jersey and Pennsylvania are available on the Kamensky—Cohen website under the topic, “Helpful Documents.” The website address is http://kc-law.net.

By Jerrold Kamensky, Esq.,
Senior Partner, Kamensky Cohen

Protecting yourself with your own automobile insurance involves a comprehensive understanding of which coverages actually protect you from the claims against you by other drivers as well as claims made by you against other drivers. It is our view that one of the primary purposes of automobile insurance protection is to protect yourself from uninsured and underinsured drivers causing injury to you. In order to optimize your coverages for these purposes, careful attention must be paid to the selection of all aspects of your coverages. The following article explains two important aspects of selecting the right coverage and how what you choose on one effects what you are allowed to choose on the other.

LIABILITY COVERAGE – pays for bodily injury and property damages that you or a driver of your automobile causes to others. It also pays for the cost of an attorney selected by the auto insurance company to defend you against claims made against you by the other, injured driver. Injury damages include medical expenses, pain and suffering and lost wages. Property damage includes damaged property and automobiles. New Jersey and Pennsylvania (like 45 other States) require minimum coverages, but you can, and should, purchase more coverage than your state requires. The following selection criteria will help assess the need for additional coverages over and above what the minimum requires.

a. Assets Available for Seizure by an Injured Person Due to Your Negligence. Because your liability selection is provided to protect you and drivers of your car from claims of others for negligence related to the use of your automobile, it is important to be aware that the limits of your liability coverage are not the limits of what the person you injured can recover against you but they are the limits of what the insurance company will pay. If, for example, you have selected and purchased a $15,000 liability limit and as a result of your negligence in the operation of your motor vehicle serious injury is caused to another, your own assets can be seized to compensate for those injuries.

Income Earning Capacity. Even if your assets are limited, other means of collection are available through garnishment of your wages and liens on Real Estate. For example; with the diminished bankruptcy protections now available, a judgment against you can be a long term threat that will have impact on your credit rating and ability to transfer jointly held property. The judgment grows daily with the addition of interest.

c. Financial Capacity to Pay for Coverages. – It is easy to see that the more liability coverages that you have, the more protection that you have. Of course, there is always the concern that increased coverage takes more money out of pocket. While this is true, it is important to know that the lower levels of coverages are, dollar for dollar, the most expensive. Why? Because, like all insurance coverage, the purchase price is tied to the cost (plus substantial profits for the insurance company and large executive bonuses ¹⁾and, obviously, there will be far more frequent minor injury claims than claims for serious crippling injuries. In addition, the insurance company is paying for the cost of your attorney, which may not vary significantly despite the difference in injuries caused so those first dollars of coverage are the most frequently paid and hence the most expensive.

(According to the America Association of Justice the CEOs of the top 10 property/casualty firms earned an average of $8.9 million in 2007.)

UNINSURED/UNDERINSURED COVERAGE – (“U” coverages) provides you with insurance coverages when you are the injured party and the other guy has insufficient liability coverage (“Underinsured”)or no insurance (“Uninsured”) to pay for the extent of your injuries and damages.

The Need/desire to Protect Yourself from Injuries That You Suffer Caused by a Negligent Drive of Another Car. When you are injured due to the negligence of another driver you should no more rely on that driver to have adequate protection for you than you would rely on him to drive safely. Defensive insurance purchasing is as important as defensive driving and both can protect you from the devastating effects of an accident by purchasing adequate Uninsured/Underinsured insurance protection. We have seen many cases where a negligent, reckless or even a drunk driver has caused serious injuries to our clients and the “bad” guy had no coverage or minimum coverages. It sounds simple – just increase the “U” coverages on your policy. The problem is that you can only increase those coverages to the maximum of the amount of Liability coverage that you have selected (see above). To determine the cost of protecting yourself you have to measure the cost of increasing both your Liability and”U” coverages. The following chart will help and is taken from actual quotes for six months of coverage which we provided for a client of ours.

The “lesser coverage” is what his policy reflected at the outset of his coverage consultation in our office. The “increased coverage” is what we recommended and he purchased after our free consultation.

Coverage Type		Lesser Coverage		Increased Coverage		Cost differential
Bodily Injury Liability		$15,000/30,000		50,000/100,000		$20.00
Property Damage Liability		$5,000		$100,000		$ 9.00
Threshold selected2		No Limitation		No Limitation		$ 0
uninsured/ underinsured		$15,000/30,000		50,000/100,000		$ 4
uninsured/ underinsured property damage		$5,000		$100,000		$ 8
PIP3		15,000 ($250 deductible)		250,000 ($250 deductible)		$18.
Total cost difference						$59.00/ six months coverage

2 The Threshold can limit your ability to recover against the other guy even when he is clearly in the wrong. He could have been drunk, asleep or reckless and if you have failed to select out of the default “Limitation on Lawsuit” you could be out of luck even though you have been faithfully paying for your insurance for years. If you have the “Limitation on Lawsuit” threshold on your policy (insurance companies love that!) you cannot recover for your pain and suffering unless a jury determines that your injuries meet a certain statutorily defined “threshold”. Individuals suffering from “soft tissue” injuries, even severely herniated disks causing a lifetime of pain and suffering, are currently being denied recovery in approximately 90% of jury trials in New Jersey. Watch out for this one because if you do not select out of the “Limitation on Lawsuit” you will pay a lot and get no bang for your buck!

 3 Your PIP (Personal Injury Protection) coverage is important! Insurance companies will often recommend the $15,000 coverage instead of the default coverage of $250,000. The difference is only $18/year more for a good deal more protection to pay your medical bills should you be injured. Even a modest injury can result in medical costs that will dramatically impact on your pocket book and the cap that many health policies now place on your coverage. The $250,000 coverage is considered one of the best in the nation and should be your selection.

 Check out the above footnotes in the chart because they demonstrate the manner in which you can easily be deceived into purchasing far worse coverage when the cost of the much better coverage is minimal. Many of these coverages must be offered by law but are discouraged by the insurance companies. The “Limitation on Lawsuit” threshold is the insurance company’s profit mill. Tha’s why they lobbied the legislature hard for a law that allows them to write your policy with the “limitation on lawsuit” coverage unless you elect out of it. They lull you into thinking that you will be able to sue the other driver, but based on the fact that you have failed to deselect the default coverage of a “Limitation on Lawsuit” policy, you will not be able to recover in 90% of the cases that go to the jury. Many prominent lawyers will not take cases that are subject to the “Limitation on Lawsuit”. Do not make that mistake – deselect ” Limitation on Lawsuit” and be sure that the policy reads “No Limitation On Lawsuit”.

Both of the policies that I have shown above are shown to have selected a “No Limitation” policy. Actually, when my client came to me, he had not deselected the “Limitation on Lawsuit” policy. The difference in the cost of the policy with a “No Limitation” selection would have been only $90/year additional. Had he chosen a “no limitation” policy, the injuries that he had suffered would have been recoverable without question. Without the “no limitation” selection, we were not, unfortunately, able to take his case to help him recover damages for his substantial injuries. Nothing is more frustrating for a lawyer than to see a seriously injured victim of an auto accident unable to care for himself because of uninformed selection of insurance coverage!

Prices for auto insurance will vary depending on factors such as age, gender, location, amount of driving and driving record. The differences in coverage costs for far better protection are surprisingly less than one might think. Most people rely on their insurance company/agent’s recommendations. These recommendations are not necessarily in your best interests.

As I said above, there are a wide variety of factors that influence the cost of your auto insurance purchase. For instance, if you are looking to buy a car, some cars have equipment that may bring down your auto insurance costs. Security devices and tracking devices such as “On Star” will save some money. If you think you can afford that mid life crisis red Porsche, be sure to consider the cost of the insurance when you do your budget. Cars that are on the car thief’s “favorite list” will increase your insurance costs and that cost needs to be factored into your decision.

It has become much easier to compare rates for insurance because of the access to rating

on the internet. Figure out what you want and price the coverages with several different carriers. Rates will differ. Be sure to let whichever carrier you choose know about discount factors for which you qualify. If you don’t know which discounts you may qualify for, ask! Some of the more common discount factors are good student discounts and/or multiple cars on a single policy. A good driving record will bring the costs down and a bad one can make you a high risk and expensive insured. Even reducing your annual mileage estimates by car pooling or public transportation will impact some on the rates.

The best way to evaluate the impact of your policy is to come in to Kamensky-”Cohen for a free review of your policy. We will tell you how the coverages you have selected really protect you or not should you be involved in an accident and help you evaluate your best cost/protection ratios.

Senior Partner, Jerrold Kamensky, was recently named a “New Jersey Super Lawyer” in the category of Personal Injury for his outstanding work in accident injury cases for claimants . “New Jersey Super Lawyers” are selected yearly by their peers (other attorneys) by a statewide vote. Considered among the best in their profession, Super Lawyers represent the top 5% of the practicing attorneys in New Jersey. Mr. Kamensky’s name will appear in a special published advertising section in the May issue of New Jersey Monthly and New Jersey Super Lawyers magazine. This is the second time Mr. Kamensky has been awarded this honor. Way to go boss!

from Kamensky-Cohen & Associates

by Franklyn Aronson, Esq.

A Power of Attorney (POA) is a legal document giving another person or institution the right to do certain legal acts or tasks for another person (the Principal).  This document may be one of the most important in an Estate Planning.  It will save significant time and money if circumstances necessitate its use.  A person giving another Power of Attorney can make it very broad (General POA) or can limit it to certain acts ( Limited POA).

› Continue reading

from Kamensky♦Cohen
by Franklyn Aronson, Esq.

A Power of Attorney (POA) is a legal document giving another person or institution the right to do certain legal acts or tasks for another person (the Principal).  This document may be one of the most important in an Estate Planning.  It will save significant time and money if circumstances necessitate its use.  A person giving another Power of Attorney can make it very broad (General POA) or can limit it to certain acts ( Limited POA). › Continue reading

By Lawrence Tomar, Esq.
Partner Kamensky-Cohen

IN NEW JERSEY

Generally speaking, there is a presumption in New Jersey that a spouse married more than ten years, whose earnings or earning capacity is less than the other spouse, is entitled to alimony.  Under these circumstances, where there is a ten-year or longer marriage, a Judge must presume that alimony will be indefinite in nature, meaning that it will continue in effect until a change in circumstances for instance, an increase in the dependent spouse’s income or re-marriage or retirement or loss of employment by the spouse paying alimony. But, even for a less than ten year marriage, alimony may be indefinite, especially where there is a large disparity in income, particularly where the dependent spouse is the primary caretaker of young children › Continue reading