Individuals

Q:        I work in New Jersey, what does the New Jersey Law Against Discrimination prohibit?

A:         The New Jersey Law Against Discrimination prohibits employers from discriminating in any employment related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories. These protected categories are: race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses. The New Jersey Law Against Discrimination prohibits intentional discrimination based on any of these characteristics.

Q:        What can I do if I believe my rights have been violated under the New Jersey Law Against Discrimination?

A:         You may file a complaint in the Law Division of the Superior Court of New Jersey within two years of the alleged violation.  Alternatively, you may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation.  Please contact us today to determine which course of action is best for you.

Q:        I work in Pennsylvania, what does the Pennsylvania Human Relations Act prohibit?

A:         The Pennsylvania Human Relations Act prohibits discrimination in employment on the bases of race, sex, age, religion, national origin, disability, or other protected class.

Q:        What can I do if I believe my rights have been violated under the Pennsylvania Human Relations Act?

A:         You must file a complaint with the Pennsylvania Human Relations Commission within 180 days from the date of the alleged act of harm.

Q:        Are there other laws that may protect me?

A:         There are a number of state and federal laws that apply to individual employees and the employer-employee relationship.  Please contact us today to discuss your unique situation to know your rights.

What you need to know if you are injured as a result of negligence on the part of the State, a Municipality or a State Agency in New Jersey.

A personal injury action against the State of New Jersey, a state agency or a municipality may be forever barred if you fail to notify the State, state agency or municipality who is at fault for your injuries within 90 days of the incident. (There is a similar requirement in Pennsylvania as well)  In New Jersey, you may not be able to file a complaint against a public entity  if you fail to provide notice. The New Jersey Torts Claim Act, codified at N.J.S.A. 59:8-4, was enacted to provide a public entity “with sufficient information to enable it promptly to evaluate its liability and potential exposure and, if it chooses, to correct a defective condition and also to engage in settlement negotiations prior to the commencement of suit.” Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004)(quoting Newberry v. Township of Pemberton, 319 N.J. Super. 671, 675 (App. Div. 1999). See also Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000).

The Torts Claims Act, states that a notice of claim must be provided to the public entity within ninety days following the accrual of the cause of action. (See N.J.S.A. 59:8-8). The accrual date is the date in which the accident that causes injury occurs. Beauchamp v. Amedio, 164 N.J. 111, 123 (2000). The accrual date can be tolled  in limited circumstances. “Tolled” means that the accrual date is put on hold. For instance, the accrual date can be tolled if the injured party does not know that he or she was injured or that a specific third party is responsible for those injuries. Id.

A notice of claim form for the State of New Jersey can be found on the state’s website. It simply asks for information about the person who was injured, how those injuries occurred and the injuries sustained Oftentimes, municipalities have specific forms that are available by request only. Although the notice of claim form appears to be self explanatory, your rights will be best served by having an attorney to help in filling out the notice of claim form and to follow up, possibly negotiate a settlement and/or file a complaint on your behalf.

Although there are certain exceptions that allow a claimant to file a late notice of tort claim, (only with permission by the court), if you are injured and you believe that injury is caused in whole or in part by a state agency, it is important that you seek legal counsel as soon as possible.  If you sit on your rights you may not be able to file a lawsuit against the state agency who is responsible for your injuries. Kamensky Cohen has obtained substantial settlements from state agencies for injuries caused to our clients. If our clients had not sought legal counsel as soon as possible, those settlements may not have been possible.

We are all exposed to the dangers of trips and slips that can result in serious injuries.  An unexpected fall can have significant impact on our health.  The Law firm of Kamensky Cohen has represented many people who have sustained life-altering injuries arising from falls due to the negligence of others. This has become even a greater problem with the downturn in the economy as people and businesses are doing less to maintain their property as required by law and common decency.

While businesses continue to invite you to their stores to shop, and while there, present you with advertising and displays designed to distract you, they are leaving you vulnerable to dangerous conditions when they fail to adequately maintain their property. Some of the situations leading to injurious fall-downs that our firm has encountered are:

1. Improperly constructed/maintained handicap ramps.
2. Improperly constructed/maintained stairways.
3. Poor lighting in dark areas.
4. Holes, deep cracks, potholes and improperly designed walkways in parking lots, especially in high traffic areas where the public may be carrying packages blocking their view.
5. Poorly maintained sidewalks, stairwells and walkways in residential rental communities.
6. Spills in stores
7. Poor snow and ice removal in residential and commercial parking lots and walkways.

These are only a few of the many problems that are becoming more and more common as businesses and individuals fail to allocate their resources towards safety and precaution in tough economic times.

Kamensky Cohen has represented people with injuries arising from trip/slip and falls ranging from broken bones to severely impaired vision, and even brain damage resulting in cognitive difficulties.   If you fall and hurt yourself, the first thing to do, of course, is to get medical assistance to be certain that your injuries, if any, are properly attended to.  If you think your fall may have been the consequences of the negligence of another in maintaining their property properly, you may have a reason to pursue damages for the injuries that you have suffered.

It is extremely important that you contact competent counsel as soon as possible so that photographs and measurements can be taken of the area that caused the problem.  Even if you are uncertain of the nature and extent of your injuries, do not delay in seeking legal counsel as a delay in undertaking the proper investigation at the site where you fell can be damaging, if not devastating, to your any claims you may eventually have.  If you wait too long and the problem area has been repaired by the time the investigation is conducted, there will be little evidence of the original negligence that precipitated your fall.  Photographs and measurements, properly taken will be of great assistance in pursuing your claims should you decide to do so.

Kamensky Cohen & Associates knows and will take the necessary steps to conduct a proper investigation as soon as we are contacted for injuries sustained as a result of slip/trip and falls.  With the right representation, you are assured of your rights!

There is a growing trend in New Jersey to prosecute public servants for misconduct in office. This includes, but is not limited to, police officers, state workers, county employees, and elected officials. Further, the number of public servants being prosecuted for so-called misconduct in office is exponentially increasing. Meanwhile, the alleged evidence for such prosecutions appears to be thinning with each new case.

So what exactly is official misconduct? In a nutshell, the official misconduct statute, N.J.S.A. 2C:30-2, is an extremely broad statute that allows the State to prosecute public officials for various acts of misconduct in office. Most surprisingly, a public official can be charged with official misconduct even in situations where the alleged misconduct does not violate any laws. In essence, any violation of work policy could expose a public servant to charges of official misconduct.

To make matters worse, if you are charged with official misconduct and the State alleges that in committing the so-called misconduct, you received a benefit that either has no monetary value, or has a monetary value over $200.00, then you will likely be charged with second degree official misconduct – a charge that carries a penalty of no less than five years in prison. Furthermore, if you are charged with committing official misconduct on more than one occasion, the State may even charge you with committing a so-called “Crime or Pattern of Official Misconduct,” in violation of N.J.S.A. 2C:30-7.

Confused? You’re not alone. Recent Appellate and Law Division Opinions have wrestled with the vast breadth of the Official Misconduct statute. In fact, in 2008, the Appellate Division in State v. Thompson, et al, tried to explain the reach of the statute’s two subsections, noting that while subsection “a” did not require the commission of a crime to be held valid, subsection “b” did. Unfortunately, though the Thompson Court’s Opinion helped to curtail the reach of subsection “b” violations, it did very little to explain or rectify the breadth of subsection “a”. Thus, notwithstanding the Thompson decision, the official misconduct statute continues to confuse New Jersey citizens and attorneys alike.

If you or a loved one has been charged with Official Misconduct, it is crucial that you retain an aggressive attorney who understands the official misconduct statute and its current treatment by the Court. The Attorneys at the Law Offices of Kamensky Cohen & Associates have been providing aggressive legal representation for over thirty-five years. For a free consultation with one of our attorneys, please call Kamensky Cohen & Associates at 609) 394-8585.

If you are filing or thinking of filing a case against your employer indicating emotional distress due to harassment, beware of what you post on Facebook or MySpace.

Despite obvious issues with privacy concerns, a court in India has required employees claiming emotional distress in a sexual harassment case to provide any entries that the employees’ posted on their social networking sites (SNS), such as Facebook and MySpace, regarding their emotional state.  EEOC v. Simply Storage Management LLC. (S.D. Ind.) Case No. 1:09-cv-1223.

While the content disclosed by an employee must be proven relevant to the case at hand, this decision is troubling for any employee pursuing a sexual harassment claim.  In part, the court determined that “the appropriate scope of relevance is any profiles, postings, or messages (including status updates, wall comments, causes joined, groups joined, activity streams, blog entries) and SNS applications for claimants . . . that reveal, refer, or relate to any emotion, feeling, or mental state, as well as communications that reveal, refer, or relate to events that could reasonably be expected to produce a significant emotion, feeling, or mental state.”

While EEOC v. Simply Storage Management LLC is not binding law in New Jersey and Pennsylvania, it raises an important issue.  If you are considering or currently pursuing a claim, be aware that your employer may attempt to gain access to your SNS content.

In New Jersey, an employee who is injured while at work is entitled to free medical benefits, temporary disability benefits, and (if appropriate) an award for permanent disability. The first two benefits are generally provided by the employer immediately after the injury without the assistance of legal counsel. However, the third aspect, concerning the permanency of the injury, is often highly contested. It is at this stage that selecting the right attorney to pursue your claim is invaluable.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

For more information, please visit http://kc-law.net

When the negligent actions by an individual are responsible for the loss of another’s life, although the deceased’s family will grieve their loss, New Jersey’s laws limit their ability to recover for the grave consequences of the lost life. To date, all attempts to change those limitations that  the law presently has in effect, have been thwarted.

New Jersey law presently allows for two types of claims that can be brought when dealing with a fatality resulting from the negligent conduct of another.  They are the Wrongful Death and Survival Actions and they differ significantly as to the damages that can be recovered, the beneficiaries of the compensation, and the legal representative that can bring the claim.

Survival Action claims are brought for the damages that are sustained by the decedent from the onset of the injury caused by the negligent act (a tort) to the decedent’s death.  Generally, these damages consist of conscious pain and suffering claims, funeral expenses, medical bills, and lost wages that accrue between the time of injury and death.  Since these damages are damages that the decedent sustained, these damages will “pass through” the decedent’s estate.  This means that the only person with the legal capacity to bring a suit for the Survival Action is the Administrator or Executor of the Estate. The beneficiaries of the Estate’s recovery for a Survival Action will be limited to the heirs of the Estate whether named in a will or, if there is no will, determined by the laws of intestacy.

Wrongful Death claims are designed by our laws to compensate, in part, the people that sustained economic losses from the death of a loved one.  The emotional anguish and consequences of sustaining a tragic loss of a family member are not recoverable pursuant to the limitations of the laws of New Jersey.  Only the pecuniary losses are recoverable, which are the monetary value of the losses that the decedent may have provided or been expected to provide to the survivors.  These are specified as such things as financial support, advice, household services, guidance, care, companionship and comfort.

These pecuniary losses are determined to have a financial value, which can be awarded by the jury in a trial involving the death of another.  The courts are required to instruct the jury that they are not to award for the emotional component of the losses, only the financial value of the losses.  Courts will instruct a jury that they are not to consider the emotional satisfaction that would have been provided had the decedent lived, such as seeing a daughter walk down the aisle on her wedding day or the inability to hug a child.  These are the limitations that New Jersey law imposes on the potential recovery in a wrongful death action.

Kamensky Cohen is presently involved in several wrongful death claims that differ vastly in the amounts that can be recovered.  An example is a case involving a mother struck by a car who died instantly.  As there was no conscious pain and suffering due to the instantaneous death, and the woman did not work outside her home, the recovery is limited to the amount that a jury would award for the loss of advice, household services, guidance, care, companionship and comfort that might have been available to those entitled to receive those elements of damages in the remaining lifetime.  Our jury verdict research coupled with years of experience handling these matters, tells us that these cases are resolved for low six figure amounts.  If, however, the mother in question suffers for hours or days before her death and/or has had substantial earnings with a long remaining work life expectancy the damages that are recoverable could be in the millions.  While this does not seem fair or just to the survivors of such a tragic loss, this is New Jersey law as it presently stands, seeming to favor only those losses that can be quantified by economics.  While it is understood that no money can compensate for the emotional loss of a loved one, it is equally difficult to understand the legislators thinking in these arbitrary standards as to what “loss” is and what kinds of “value” to place upon it.

In any case, should your family face the tragedy of the loss of a loved one due to negligence of another, seek experienced legal advice and representation.  A good lawyer can help your family recover damages and, to the extent that it can ever be, help you address your grievances.

For more information please visit http://kc-law.net

Injured on the job? Although worker’s compensation can usually take care of medical bills, lost wages and claims for permanency, there is no way to recover against your employer for pain and suffering or loss of enjoyment of life pursuant to the workers compensation act. The trade off is you can recover regardless of whether or not the injury was due to anyone’s negligence, even if it was your fault. The injury on the job is all you need to prove.

There can, however, be a claim for the pain, suffering and loss of enjoyment of life against another party; i.e. a “third party claim” if the person causing your injuries is not employed by your employer. This “third party” can be anyone who causes your injury and is not employed by your employer. We have brought such claims against manufacturers of defective products, employees of other employers who may be working on the same job with you, or anyone other than a member of your company that has caused your injuries due to their negligence.

Sometimes, a third party claim can even be as remote as against the attorney who handled your Worker’s Comp claim and failed to file a third party claim on your behalf. Our office recovered a recovery in excess of $950,000.00 for a claim against another lawyer who failed to recognize the existence of the third party claim.

As stated above the general rule is that your employer or a co-employee cannot be held liable for injuries, aside from the benefits provided under the Workers Compensation Act (lost wages, medical expenses and a limited permanency award). There are some rare occasions that an employer can be sued for your injuries on the job. In 2002 the New Jersey Supreme Court decided the case of Laidlow v. Hariton Machinery Co., Inc., 170 N.J. 602 (2002) and the Court carved out a well reasoned exception to this general rule. The Supreme Court described the circumstances under which a co-employee or your employer can be held responsible for your injuries for damages in addition to his statutory responsibility under the Workers Compensation Act.

If the employer’s conduct can be considered intentional or reckless, that is, the employer must know that his actions are substantially certain to result in injury or death to the employee, then the employer can be held liable for damages beyond his responsibility for providing Worker’s Compensation benefits. This can mean tens or even hundreds of thousands of dollars in additional recoveries to you and your family for legitimate claims for pain, suffering, and the loss of enjoyment of life. Bottom line: if you are injured on the job, consult with a knowledgeable personal injury attorney before settling for what your employee or workers’ comp attorney offers. Our office offers skilled attorneys in the worker’s compensation law who work closely with our personal injury lawyers. Every worker’s compensation case that comes through our office is reviewed for third party actions.

Please visit KC-Law.net for more infoimation

Most of us have seen the classic 1983 movie, “A Christmas Story,” about an eight year-old boy named Ralphie who desperately wants a BB Gun for Christmas. Not just any BB Gun, of course, but “an Official Red Ryder Carbine-Action Two-Hundred-Shot Range Model Air Rifle” BB Gun, with which both his mother and Santa Clause tell him he’ll shoot his eye out. Just like little Ralphie, most of us born before 1985 knew someone who owned a BB gun as a child.

For those of you born after 1985 (I’m dating myself here), your version of the BB gun came in the form of the paintball gun – a piece of equipment that uses carbon dioxide or compressed air to propel tiny, hardened balls of paint up to 200 miles per hour toward your intended target.

Regardless of the medium used, most of us think of these “guns” as toys – things that pre-teens and teenagers play with (though dedicated players and paintball organizations have turned the game into an intense and well-organized sport). Even romantic comedies like, “Failure to Launch,” starring Matthew McConaughey and Sarah Jessica Parker, are using paintball as a light-hearted game that is good for a few laughs.

Unfortunately, to the shock of most New Jersey residents – possession and/or use of paintball guns or BB guns can actually land you in jail. So if you are one of the many New Jersey residents who believe paintball and BB guns are “just toys”- think again.

The State of New Jersey takes possession of firearms very seriously and considers BB guns and paintball guns to be “firearms” under its Title 2C Criminal Code. The statute, N.J.S.A. 2C:39-1(f), reads in pertinent part:

Firearm means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of similar nature in which the propelling force is as spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

As indicated in the statute, the State of New Jersey includes BB guns and paintball guns in its definition of “firearm” because their propelling force typically uses either carbon dioxide or compressed air, and they typically eject a bullet or missile smaller than three-eighths of an inch in diameter, with a force sufficient enough to injure a person.

In laymen’s terms, that means that if you are caught shooting a BB gun, or even a paintball gun, at another person or another person’s property, you could potentially be charged with Unlawful Possession of a Weapon and/or Possession of a Weapon with an Unlawful Purpose , in addition to a host of other crimes. Though the two weapons possession statutes sound almost identical, in actuality, they have different elements and therefore carry different penalties, both of which include a period of imprisonment. Furthermore, with respect to paintball guns, if you use the paintball gun in unlawful manner, or a manner not intended by its design (such as shooting it from a car), you could face additional, severe penalties, including jail time.

A special note to parents: just because your child is still a juvenile does not mean he or she cannot be sentenced to a custodial term at a juvenile detention center. Furthermore, depending on what else your child may be charged with, your child could be tried as an adult, thereby exposing him or her to a prison term in the adult prison.

If you or a loved one has been charged with possession of a weapon with an unlawful purpose, unlawful possession of a weapon, or any other weapons-related offense, it is crucial that you retain an attorney who has experience representing clients in this area of the law. Kamensky Cohen & Associates have been representing individuals charged with criminal offenses for over thirty (30) years. To schedule a free consultation with one of our associates, please call (609) 394-8585.

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.