Fishman & Fishman, LLCCamden & Atlantic County Attorneys | Personal Injury, Workers Comp2024-03-13T12:41:08Zhttps://www.fishmanandfishmanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603358/2020/05/cropped-site-icon-32x32.jpgOn Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484882024-03-13T12:41:08Z2024-03-13T12:41:08ZFirst-time DWI offenses
Under New Jersey law, a first-time DWI offender is someone who has never been convicted of a DWI before or has no prior DWI convictions within the last ten years. Generally speaking, the punishment for a first DWI offense includes:
A fine ranging from $250 to $400 if your BAC is 0.08% but less than 0.10%, or $300 to $500 if your BAC is 0.10% or higher.
A possible jail term of up to 30 days.
A license suspension of three months for BAC of 0.08% but less than 0.10%, or seven months to one year for BAC of 0.10% or higher.
Mandatory attendance at an Intoxicated Driver Resource Center (IDRC).
A court may also order the person to have an ignition interlock device installed in their vehicle as part of the requirements to reinstate their suspended license.
Repeat DWI offenses
Repeat offenders face harsher penalties. A second DWI conviction within ten years of the first includes:
A fine of $500 to $1,000.
A mandatory jail sentence of at least 48 hours, but not more than 90 days.
A two-year license suspension.
Required community service for 30 days.
A third or subsequent offense within ten years of the second carries even more severe consequences:
A $1,000 fine.
A mandatory jail term of 180 days, which may be reduced by up to 90 days of community service.
A ten-year license suspension.
Unlike a first-time DWI, where the requirement to install an ignition interlock device is up to the court's discretion, it’s a mandatory requirement for repeat offenders.
The difference between first-time and repeat DWI offenses in New Jersey is significant, with penalties increasing substantially for repeat offenses. You’ll need legal know-how to navigate the court process, whether it's your first or third DWI offense. A lawyer experienced in criminal defense might be able to do that and even represent you during the hearing.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484862024-03-08T06:31:54Z2024-03-07T07:24:17Zlost or restricted work time. Here are five common work-related MSDs:
Carpal tunnel syndrome: This can lead to numbness and weakness of your hand or wrist.
Tendonitis: It causes acute pain, making it difficult to move the affected joint. It usually develops in your shoulder, elbow, wrist, knee or heel.
Rotator cuff injuries: This weakens the shoulder, limiting movements such as reaching out to the sides, above your head or behind your back.
Trigger finger: It causes tenderness and pain in the finger, making it difficult to straighten or bend your finger.
Muscle strains and low back injuries: This could cause cramps and spasms in your back, making it hard to bend and move.
Most construction workers develop MSDs, affecting their upper body. The back, shoulders, arms, and hands are the most used muscles in construction work. MSDs are often treated with medication, surgery or therapy, which could also limit the movements required for your job.
You can get workers’ compensation for work-related MSDs
MSDs develop over time. You might not recognize it initially, and continuously working the same muscle group could worsen your condition. Acquiring MSDs could be devastating, especially when it already hinders you from performing your job well.
Early reporting of MSD symptoms could prevent further serious injuries from happening. If symptoms worsen and become more frequent you can report them to your employer and get the necessary medical attention. However, getting a workers’ compensation benefit for MSDs could be tricky. There are cases where employers and insurance companies claim that the condition is not work-related. Proper medical documentation and the help of an experienced lawyer who understands your case would benefit you in getting the best result for your claims.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484842024-02-14T21:21:40Z2024-02-23T20:52:02Zpost-traumatic stress disorder, a condition that presents with intrusive flashbacks of the event, nightmares, emotional distress, avoidance of places and people that remind the victim of the accident, mood swings, and changes to physical and emotional responses. This condition alone can reshape your life and disrupt your existing relationships. Those losses can be overwhelming.
What can you do to take care of your mental health after a car accident?
If you’ve been in a serious car accident, then you need to prioritize your mental health. There are several ways you can do that, including by doing the following:
Seeking mental health treatment: There’s no shame in seeking out the support and mental health treatment that you need. But it can be hard to identify when you need that help. After all, a lot of PTSD sufferers don’t recognize the changes that have come to them. That’s why it’s a good idea to seek out mental health guidance from a professional after your accident. One of these experts can help you identify signs of trauma and provide you with the skills you need to cope with your newfound condition.
Simplifying your life. When you’re trying to recover from your accident, there’s a lot to contend with. All the stress of your recovery can quickly become overwhelming, leaving you with even more pressure on your mental health. You might be able to minimize this feeling, though, by simplifying your life. For example, you can create an organizational system that makes it easier to remember things, that way you don’t have to put the additional stress of memorization on yourself. Cut out extra activities that feel like an obligation so that you have more time to focus on yourself.
Asking for help when you need it: You have family members and friends who are willing and able to lend you a helping hand when needed. Don’t be afraid to ask for the support that you need, even if it’s for something as simple as going to the grocery store for you or riding with you as you climb back behind the wheel.
Setting realistic goals: Your accident recovery could be more challenging and take longer than you expect. This can take a mental toll on you. But you can gain momentum in your recovery by setting realistic and achievable goals. If you set your sights too high, then you might find yourself overly frustrated, which can stall your mental health recovery.
Don’t undervalue closure after your car accident
There’s no doubt that you’re going to need compensation to pay for your accident recovery, especially given that your damages might be significant. While a personal injury lawsuit might help you alleviate your financial strain, it can also bring closure to a difficult time in your life. This fact alone can support your mental health recovery, giving you the opportunity to focus on what matters most to you.
So, if you’re ready to fight for the recovery you deserve, then now is the time to get to work gathering evidence and building your case.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484852024-02-23T18:43:06Z2024-02-23T18:43:06ZBeing in a health care profession has its share of risks and hazards. For instance, nurses are frequently exposed to infections and diseases in the hospital. Assisting patients with mobility issues is also physically demanding, and it could result in injuries or long-term damage. While helping others, nurses could also be susceptible to accidents and injuries in their workplace. Fortunately, employees who are injured on the job are entitled to seek workers’ compensation benefits. The law requires employers to have insurance for workers’ compensation to ensure that injured employees get the medical needs and benefits they deserve. Most physical injuries and illnesses you get while working as a health care worker can be compensated. This includes being exposed to hazardous chemical substances and contagious diseases, slipping or falling that resulted in back or spinal cord injuries and repetitive motion injuries.Once proven that the injury or illness is work-related, the following compensation is available for health care workers:
Medical treatment: This covers necessary medical care, like medications, surgeries, rehabilitation and hospitalization.
Wage replacement: If you cannot work for a time due to your illness or injury, you may receive disability benefits depending on the severity of your case.
Vocational rehabilitation: In cases where you can no longer return to your old job, you may receive special assistance to help you find a new career.
A workplace injury can cause a considerable disruption in your life. Aside from the physical pain, you would likely experience mental stress and financial struggles, too. Returning to the career you love after a workplace injury might also add further pressure on you. If you feel lost in the complicated realm of workers’ compensation, seek the assistance of a legal professional who will carefully listen to your story and fight to get the compensation you deserve.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484832024-02-08T07:57:02Z2024-02-08T07:57:02ZState law on driving with a license suspended for DWI
Per New Jersey rules, it’s against the law for a person whose driver’s license was suspended or revoked to operate a motor vehicle during their suspension/revocation period. This can lead to significant penalties, such as a license suspension being upgraded into license revocation instead.
What’s the difference between a suspended and revoked license?
A suspended license allows its owner to apply for reinstatement after the suspension period. But a revoked license is invalid for good; the owner must apply for a completely new license. However, the owner can’t reapply for a new license until after the revocation period.
Penalties for driving with a suspended license
The penalties for driving with a suspended license are as follows:
First offense: A $500 fine and the revocation of the driver’s license for six months.
Second offense: A $750 fine and up to five days of jail time. Officials will also revoke the driver’s license for six months if the offense occurred within five years of a previous conviction.
Third or subsequent offense: A $1,000 fine and up to 10 days of jail time. Officials will also revoke the driver’s license for six months if the offense occurred within five years of a previous conviction.
Driving with a suspended license after a DWI conviction can lead to more trouble than it's worth. Understanding the severity of this offense is crucial. If you are facing charges and have concerns about your case, consider consulting with a legal professional who specializes in DWI cases.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484812024-01-22T18:57:26Z2024-01-30T16:40:33Zcompensation after a workplace accident, but they come with some tradeoffs of their own.
Third-party claim example
To explain how third-party claims work, it may be helpful to explore an imaginary example from the construction industry. Large construction projects often have multiple employers working at one site in conditions that can lead to accidents.
Alex, who works for XYZ Plumbing, is working on a construction site when an improperly installed beam falls and injures him. He requires medical attention and misses three weeks of work. He files a workers' compensation claim with his employer.
Through the workers' compensation system, XYZ Plumbing's insurance company pays for Alex's medical care and provides him with a percentage of his income while he is unable to work.
However, the workers' compensation benefits can't compensate Alex for everything he has lost. He files a personal injury lawsuit against the construction company whose negligence caused his injury.
Credits
Here's where the tradeoff comes in: If an injured worker receives workers' compensation benefits and compensation in a third-party claim, their employer and/or the employer's insurance company receive credits for the workers' compensation benefits they already provided.
In other words, the money the injured worker receives through a third-party claim goes first to their employer and/or the employer's insurer to compensate them for the amount they paid in workers' compensation benefits.
How much does the employer take? Typically, the employer and/or insurer takes about two-thirds of the award.
On the bright side, this means an injured worker can potentially increase their total recovery by a third, or possibly more.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484822024-01-26T14:39:23Z2024-01-26T14:39:23Zimplied consent" rule. This rule means that when driving on state roads, motorists give their consent to undergo breath tests when pulled over for suspected driving while intoxicated (DWI).
While the rule says drivers consent to taking breath samples, drivers still have the choice to refuse an officer’s request to undergo a breathalyzer test on the spot. This is ill-advised, as refusal to submit violates the law as much as a DWI.
The penalties
The penalties for refusing a breathalyzer in New Jersey are severe and mirror those of a DWI conviction, particularly regarding license suspensions. The penalties also become more stringent the more offenses the driver commits. They include:
First offense: The driver forfeits their right to operate a motor vehicle unless they have an ignition interlock device (IID) installed on their vehicle. An IID locks the engine from starting unless it can detect no alcohol from the driver’s breath, much like a breathalyzer. The driver must also pay fines from $300 to $500.
Second offense: The driver forfeits their right to operate a motor vehicle for up to two years following the installation of an IID in one vehicle. The driver must also pay fines from $500 to $1,000.
Third or subsequent offense: The driver forfeits their right to operate a motor vehicle for up to eight years following the installation of an IID in one vehicle. The driver must also pay a $1,000 fine.
In addition to these penalties, a court may order the driver to take part in a mandatory intoxicated driver resource center program.
If you find yourself in a situation where you're asked to take a breath test, remember that refusal can complicate your situation and lead to penalties as severe as those for a DWI conviction. Consider seeking legal counsel if you face charges related to testing refusal.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484802024-01-17T16:02:50Z2024-01-17T16:02:50ZHow brain fog can affect you
Brain fog disrupts daily life, complicating tasks that were once easy. Paying attention during work meetings or understanding the plot of a movie becomes a struggle. Memory issues may arise, causing important dates, deadlines or appointments to slip through the cracks. Meanwhile, processing new information turns into a daunting task.
On top of these symptoms, fatigue often sets in, taking any energy you have to tackle even the lightest activities away.
While brain fog symptoms arise because of various factors, including medication side effects, hormonal changes during pregnancy or mental health struggles such as depression, it's essential to pay close attention to its occurrence after a crash.
What brain frog after a car accident might mean
Not all car crash injury symptoms manifest immediately, some can take days or weeks after an incident. Among them are those associated with a traumatic brain injury (TBI) or a concussion.
A TBI is a common consequence of a motor vehicle accident. A collision may cause the brain to move around the skull, resulting in damage that impairs normal cognitive function. Although the effects of TBI are sometimes temporary, there are circumstances in which they can prove to be fatal.
If your symptoms of brain fog continue or become worse, it's best to see a doctor for a diagnosis. Even if you feel fine after an accident, only a doctor can confirm that you have no underlying health issues.
Pursuing compensation for brain fog after a crash
If your medical diagnosis confirms that you sustained a traumatic brain injury or other severe injuries after a car accident, you might have grounds to pursue compensation. Such compensation could cover medical bills, lost income and other damages. It's crucial to retain all medical documents that can substantiate your claim.
Given the time elapsed since the incident, seeking legal counsel is advisable. Securing compensation becomes more complex as days or weeks pass, as insurers may claim your symptoms are unrelated to the accident. A lawyer can advocate for you and gather compelling evidence to strengthen your case.
After a car accident, it’s important to take any symptoms that you experience, such as brain fog, with seriousness. Being proactive with your health can help facilitate your recovery and prevent worse consequences.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484792024-01-05T11:24:22Z2024-01-05T11:24:22ZFailure to install an IID is an offense
According to state law, a DWI-convicted person who doesn’t install an IID in their motor vehicle as ordered by a court commits an offense. The punishment for this violation is a one-year driver’s license suspension that’s consecutive to any other suspension or revocation imposed on the driver for their DWI conviction.
Starting an IID by other means, using a non-IID vehicle is an offense
Meanwhile, a person who has an IID installed on their vehicle commits an offense if they start their automobile by any means other than blowing into the IID. A person also commits an offense if they drive a vehicle not equipped with an IID. The penalty for this offense is also a one-year license suspension.
Avoiding IID operation is an offense
New Jersey also prohibits persons from using trickery to get around the IID restriction. These illegal methods include:
Having another person blow into an IID to start the vehicle. Both the person ordered to maintain the IID and their accomplice can face charges.
Tampering the functions of an IID.
Renting, leasing or lending a motor vehicle without an IID to a person a court requires to use the device.
While the previous two offenses simply extended license suspensions, this offense is a separate disorderly persons offense. This offense is punishable by up to six months in jail.
IID requirements may be costly and inconvenient, but breaking the law to avoid using them leads to additional punishment. Those accused of violating IID restrictions shouldn’t overlook the penalties and consider consulting a legal professional.]]>On Behalf of Fishman & Fishman, LLChttps://www.fishmanandfishmanlaw.com/?p=484782023-12-19T14:33:51Z2023-12-19T14:33:51ZLicense suspension
After a conviction for DWI, the New Jersey DMV will suspend the convicted person’s driver's license. This suspension lasts for three months for a first offense and can extend to up to a year for a second offense.
Alternatively, a driver can have their license suspended if they refuse a breathalyzer test during a traffic stop.
Ignition interlock device
Following the suspension of a person’s driver’s license for DWI, a court may also order the driver to install an ignition interlock device (IID) as part of the license restoration process. An IID prevents a vehicle from starting unless your breath alcohol level is below a certain point.
The installation of an IID is not for free; the driver must pay for the installation and the rental fees. This can be costly, as courts can order drivers to use IIDs for up to a year.
Alcohol education and treatment
The court can order a convicted driver to attend a two-day Intoxicated Driver Resource Center (IDRC) program. Offenders will receive mandatory alcohol and highway safety education training during the program. The IDRC will also screen offenders to determine if they have any addiction problems that need treatment.
Insurance surcharge
It’s not enough that a driver has to pay fines for a DWI – they are also required to pay an automobile insurance surcharge. This surcharge is a $1,000 annual payment for three years.
DWIs lead to more than just fines and jail time – they’re much costlier, carry administrative penalties, and force the driver to undergo safety education. If you face charges, understand that you’ll face a host of penalties on conviction. Consider working with a legal professional who may be able to help build your defense in court.]]>