Kessler, DiGiovanni & Jesuele, LLC

Posts tagged "Auto Accident"

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5 posts tagged "Auto Accident"

  • Tractor-Trailer Accidents (Updated for 2019)

    An automobile accident is always a potential disaster. This is especially true when one of the vehicles involved is a tractor-trailer, also known as a “semi” or “18-wheeler.” Whereas the average car weighs between 2,500 and 4,000 pounds, a fully-loaded tractor-trailer can weigh as much as 80,000 lbs – over twenty times as massive! This means that for a given rate of acceleration, a fully-loaded tractor-trailer hits with over twenty times the force of a normal car.

  • When A Loved One Is Killed In An Accident

    The unexpected death of a family member as a result of an accident can present one with most difficult times. A family is left not only to mourn the loss of a spouse, parent, or child, but to bear the financial burden of the funeral costs and burial. If a loved one was killed in an automobile accident, a fall accident, or while on the job, you and your family may be eligible for compensation. Here is what you need to know:

  • The Verbal Threshold: What Is It? Why Do I Have It? How Do I Change It?

    The verbal threshold, also known as the limited tort, the lawsuit threshold or the tort limitation, is a product of one of the biggest hoodwinking scams in New Jersey history.

    A brief history is necessary. About two decades ago, automobile insurers were threatening to leave the State of New Jersey claiming that it was too costly to do business here. In response, they lobbied our Legislators in New Jersey to make it more difficult for those injured in automobile accidents to obtain fair compensation for their injuries.

  • Circumventing the Verbal Threshold Limitation of N.J.S.A. 39:6A-8(A)

    In the words of a noted Torts professor, “Never drop your briefcase and run.” This lesson is no more apt than when faced with a “Verbal Threshold” case. Consider the following scenario:

    On August 18, 2011, Plaintiff is operating his motor vehicle and is stopped with his left directional signal activated when he is struck in the rear by a tractor-trailer owned by XYZ Inc. and operated by its employee, John Doe. As a result, plaintiff sustains “soft tissue” injuries, undergoes several months of chiropractic care and is discharged with minor residuals. Plaintiff’s personal automobile policy contains the “Verbal Threshold” option which plaintiff had selected at his last policy renewal.

    Many practitioners, faced with this situation, and a turn-down by the liability carrier, would counsel their client against instituting a lawsuit since the prospects of recovery are slim and the costs of litigation great. Still others would settle their client’s claims for “nuisance value.” A careful examination of the law and facts, however, would lead some practitioners to the realization that plaintiff’s claims are not governed by the Verbal Threshold.

  • Tractor-Trailer Accidents

    An automobile accident is always a potential disaster. This is especially true when one of the vehicles involved is a tractor-trailer, also known as a “semi” or “18-wheeler.” Whereas the average car weighs between 2,500 and 4,000 pounds, a fully-loaded tractor-trailer can weigh as much as 80,000 lbs – over twenty times as massive! This means that for a given rate of acceleration, a fully-loaded tractor-trailer hits with over twenty times the force of a normal car.