Category: Slip and Falls

Paula Abdul to Pay $900,000 in Lawsuit

February 27, 2012   Staff   No comments
paula abdul settles lawsuit

Paula Abdul seems to make the news every so often with a doozy of a story. This time the story involves Abdul agreeing to pay a $900,000 settlement to a woman who claims she was injured in the pop star’s driveway. Jill Kohl sued Abdul in 2009 because of a slip-and-fall while on Abdul’s property during the taping of the reality TV show ‘Hey Paula,’ according to a Daily Mail report.

Kohl’s lawyer, Robert Rodriguez Clayton, said that Kohl will also receive $100,000 in damages from the company that produced the show. The lawsuit stated that Kohl was injured because Abdul’s driveway, “was in a dangerous and defective condition,” according to the lawsuit.

Photo credit: E! Online.

This has been a difficult couple of weeks for Abdul, who was recently released as a judge on the American version of the show ‘X Factor.’ Abdul has told reporters that she will remain friends with the show’s creator, Simon Cowell, whom she worked with on ‘American Idol.’

When asked about being dismissed from the show, Abdul released the following statement:

“Yes, it’s true; I won’t be returning to ‘The X Factor’ next season. I’ve learned through my longevity in this industry that business decisions often times override personal considerations. Simon and I, along with Fox and [production company] Fremantle, have been communicating about this for a while now, and I have absolute understanding of the situation. Simon is, and will remain a dear friend of mine and I’ve treasured my experience working this past season with my extended family at Fox and Fremantle. I want nothing more than for The X Factor to exceed ALL of their wildest dreams. This truly has been a blessing and I am most grateful.”

Photo credit: Syracuse.com.

If you have been injured in a slip-and-fall accident, you should contact an experienced injury lawyer in NJ for legal advice about their rights and options. Call us today at (866) 778-5500 to set up your free consultation.

Main photo credit: Joy FM.

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What Happens If I am Partially At Fault for My Accident?

February 16, 2012   Staff   No comments
Young woman involved in road accident

Not all accidents are cut and dry when it comes to determining fault. There are times when the fault is both yours and the other entity, but that does not necessarily mean you do not have a personal injury claim. In New Jersey and Pennsylvania there is what is referred to as Modified Comparative Negligence, which is the system used to determine how much fault bars you from seeking damages for your accident.

The Modified Comparative Fault works on a 51 percent bar stipulation. What this means is that if you are found to be 51 percent or more responsible for your accident then you cannot seek compensation. If you are 50 percent or less responsible then you can still seek damages, but your award will be reduced based on your degree of fault.

For example, say you were found to be 10 percent responsible for your car accident and you were originally awarded $100,000 chances are this award would most likely be reduced by 10 percent to $90,000. There are many factors that could contribute to you being partially at fault. One example of this is say you are in a car accident that was caused by the other driver, but you were not wearing your seat belt—you would be partially at fault. This is because if you had been wearing your seat belt your injuries would not have been as severe.

Some other reasons that you may be partially at fault include:

  • You saw the floor was wet, but there was no sign. You slipped and fell on the water. There should have been a sign so yes there is fault on the entity that owns the location, but if you saw it you should have made reasonable efforts to avoid stepping in the water.
  • You were in a car accident in which another driver rear-ended you, but you were driving under the influence. The other driver caused the accident, but you hold some fault for dangerously choosing to drive while intoxicated.
  • There is a box blocking your path of walking and you choose to try and step over it or get around it. The box shouldn’t have been there and it did create an avoidable hazard, but by choosing to attempt to bypass it you are assuming some risk.

These are just a few examples, but it is best to speak with a qualified personal injury lawyer in New Jersey about the specifics of your accident. The attorneys at Console & Hollawell have been protecting the rights of accident victims for more than 17 years and are ready and able to help you get the compensation you deserve. Call us today at (866) 778-5500 to set up your free, confidential consultation.

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Man Killed after Falling off Ladder in New Jersey

January 04, 2012   Staff   No comments
man killed after falling off ladder in New Jersey

Hugh Brian McFarland, 51, died at his home in Holmdel, New Jersey after falling from a ladder and suffering head trauma. According to a news report in The Marlboro Patch, the fatal injury accident occurred at the home at 11 Woodside Place. Officials say McFarland was on the ladder trying to string a warming cable to prevent ice build up the morning of January 2, 2012. McFarland was transported to a local hospital where he was pronounced dead.

I offer my deepest condolences to the family members and friends of Hugh Brian McFarland, especially his wide, Karen and his 13-year-old twins. By all accounts, McFarland was a local businessman, an active volunteer and a valued member of the community. Please keep his grieving family in your thoughts and prayers.

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Who is Liable in a Slip-and-Fall Situation?

April 21, 2011   Staff   No comments

The intricacies of determining liability in a slip and fall situation will be difficult to navigate without an injury attorney. This guide will help you make some preliminary judgments, but if you’ve fallen and hurt yourself (particularly on commercial property), be sure to seek the advice of a slip and fall lawyer for additional advice. What caused the fall? An accident attorney will tell you that in most cases, the owner of the property is not liable unless the fall was caused by an environmental danger. Puddles, spills, bumps or tears in carpeting, objects on the ground or any otherwise dangerous surfaces are all considered liabilities. If something like this caused your fall, you’ll need to consider whether the owner was at fault. Here are some scenarios that can help determine liability:

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Chiropractic Pain Management

August 05, 2010   Staff   No comments

Slips and falls, automobile accidents, and a wide variety of other kinds of mishaps can cause back pain—the kind of back pain that makes it difficult for you to enjoy life the way you used to. Instead of participating in the activities you love with the people you enjoy spending time with, you find yourself on the sidelines. The sooner your back pain is resolved, the sooner you can go back to living your life.

One way to manage back pain is through chiropractic care. When you see a chiropractor, he or she will give you a physical examination, pinpoint the location and cause of your pain, and come up with a plan designed to reduce or eradicate pain. Quite frequently, this plan includes getting rid of “subluxations,” or misalignments of the spine that have occurred as a result of your accident.

Some insurance companies cover a certain number of chiropractic treatments per year, while others simply don’t cover alternative and complimentary medicine like chiropractic at all. One way to determine whether your insurance company covers chiropractic care is to carefully read your master insurance policy.

But just because your insurance doesn’t cover chiropractic doesn’t mean you can’t find a way for your insurance company to pay for it. Correctly appealing a denial can often cause an insurance company to reverse its initial decision. Following appeal guidelines, using the knowledge and persuasion of your medical team, and convincing your insurance company that chiropractic treatment will not only have a positive impact on you but will also help the company save money on your long-term care, can all be used to convince the insurance company to pay for chiropractic care. Get an attorney or insurance advocate on your side, and you’ll increase the likelihood of receiving this treatment.

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