Category: Wrongful death

Tractor Trailer Runs Red Light, Kills Manalapan Man

NJ Truck Accidents

A truck accident involving a tractor trailer and an SUV has led to the death of a Manalapan man early Wednesday morning. The accident happened when Brad Phillips, 25, the 18-wheeler’s driver, ran a red light at Ferry Road in Old Bridge and collided with Herminio Balastas’ vehicle. The force of the impact overturned the SUV and caused the ejections of two occupants. Balastas, the driver, who was not thrown from the vehicle, died later at Robert Wood Johnson University Hospital. Medical personnel transported three other accident victims, including Balastas’ wife and daughter, to the same facility with serious injuries. Police took Phillips into custody for questioning, though no formal charges have been filed at this hour.

Authorities are asking anyone who witnessed the accident or has information regarding the events surrounding it to contact the Old Bridge Police Department Detective Bureau.

My thoughts and prayers are with the victims during this heartbreaking time. The news of losing a father and husband even as those who loved him injured struggle to survive is a terrible burden.

As of April 2012, there have been two accident deaths on roads in Old Bridge, including Mr. Balastas. During the previous year, five deaths resulted from traffic accidents in Old Bridge out Middlesex County’s 54 total accident deaths, according to the NJ State Police.

Accidents involving commercial vehicles can be devastating. The damage these large trucks cause can easily defeat existing safety features in smaller vehicles leading to significant injuries and deaths. Drivers of these large vehicles have an obligation to be mindful of their position on roadways at all times. Choosing to run red lights and disobey other traffic signals in trucks weighing 66,000 lbs carries life-altering consequences.

If someone you love died as the result of an accident involving a commercial vehicle, you may be entitled to compensation for your loss. A settlement can help you replace the income lost from your loved one’s sudden death as well as pay for final arrangements and medical costs. Nothing can replace your spouse, brother or child, but holding those responsible for the death accountable can make others think twice before acting so carelessly. Contact a skilled team of New Jersey personal injury attorneys to discuss your rights and options to pursue damages.

Photo Credit: ADC Transport

Capsized Boat Leads to Death of New Jersey Man

NJ Boating Accidents

The capsizing of a 19-foot pleasure boat off the Staten Island coast has led to the death of a New Jersey man. Medical personnel at Raritan Bay Medical Center pronounced Mario Baresales, 50, of New Brunswick dead after emergency procedures failed to revive him. Several vessels, including watercraft manned by the New Jersey State Police and the U.S. Coast Guard, responded to calls that a boat had taken on water near Ward Point, New York. Members of the Coast Guard first found Baresales unconscious in the water. No one on board the capsized vessel was wearing a life jacket when the boating accident occurred, according to My Central Jersey’s website.

My thoughts and prayers are with the victim’s family after their sudden and terrible loss. Hopefully some answers regarding Mr. Baresales’ death will emerge as more details of the accident become available.

Laws pertaining to safely operating a car, including alcohol consumption, also apply when piloting a boat or other watercraft. If alcohol was involved in the circumstances leading up to Mario Baresales’ death, an intoxicated boat driver could face additional criminal penalties in addition to any civil liability. In New Jersey, a person convicted of driving while intoxicated can receive a seven-month to one year license suspension, up to 30 days in jail and a maximum fine of $500. Other penalties include an automobile insurance surcharge of $1,000 for three years and the mandatory installation of an ignition interlock system. Penalties and fines escalate with each subsequent conviction.

If you or a loved one suffered injuries in an accident due to the actions of a drunk driver, you may be entitled to damages. Hiring a team of experienced New Jersey car accident attorneys can greatly increase your chances of winning a fair settlement amount. This award can help you and your family pay for your medical bills, replace income lost due to your injuries and allow you to focus on your recovery without worrying about paying other debts. Accepting a settlement before speaking to an attorney could cost you important rights to future compensation.

Photo Credit: Towboat U.S.

4 Worst Medical Malpractice Cases Ever

Medical Malpractice Cases

Medical mistakes can result in horrific injuries to patients seeking care for existing physical problems. These issues can lengthen recovery times, create new physical complications and even result in death. Malpractice comes into play when doctors and other medical professionals didn’t take the proper precautions to effectively diagnose or treat patient ailments. Some medical malpractice cases involve extreme lapses in judgment by medical professionals resulting in not only the terrible deaths of patients, but lifetime’s worth of suffering for surviving family members and friends. Here’s a look at some of the worst medical mistakes in recent history.

1.Repeated Brain Operations on the Wrong Side

Photo Credit: HistoryFilms.net

Surgeons at Rhode Island Hospital in 2007 operated on the wrong side of patients’ brains three separate times, according to MSNBC. The last ill-fated operation occurred on November 23 when a neurologist drilled into the right side of a patient’s skull when scans clearly showed bleeding present on the left. The hospital received a reprimand and $50,000 fine for the incident from the Rhode Island Department of Health. In August of the same year, a patient died several weeks after a surgical team at the same hospital operated on the wrong side of his head.

2.Surgeon Removes Wrong Leg

Photo Credit: Sodahead

Yes, this actually happens. In a case that grabbed national headlines in 1995, doctors amputated the wrong leg from then 52-year-old Willie King. A host of medical errors, including incorrect notations, led to King’s wrongful amputation. Surprisingly, the surgeon who performed the surgery only received a $10,000 fine and the loss of his medical license for six months. Meanwhile, King sued University Community Hospital and the surgeon involved for a combined $1.2 million.

3.Surgery Leads to Suicide

Photo Credit: Wikipedia

Being wide awake and unable to scream for help during surgery is a nightmare-turned-reality for literally thousands of patients every year, according to PubMed.gov. The phenomenon, known as anesthetic awareness, renders a patient completely alter, able to feel pain but unable to move or speak. An occurrence of anesthetic awareness in 2006 reportedly contributed to the suicide of a West Virginia pastor. Anesthesiologists supervising 73-year-old Sherman Sizemore’s exploratory surgery failed to administer proper drugs to render him unconscious until 16 minutes after the surgeon’s first incision. He committed suicide two weeks later.

4.Dana Carvey Nearly Dies Twice

Photo Credit: Mojo Movie

Movie star and former Saturday Night Live cast member Dana Carvey nearly died twice when doctors bypassed the wrong artery in his heart. The then 42-year-old comedian had to undergo emergency surgery to bypass the legitimately-clogged artery and repair the damage to the first. The surgeon called the incident an “honest mistake”. Carvey didn’t agree and sued the doctor for $7.5 million citing the seriousness of the medical mistake and the nearly two-year recovery period.

A medical mistake can render you unable to work, provide for your family or perform normal life tasks. Holding the physician or hospital accountable for this error is essential not only to compensate you for your injuries, but to prevent the same thing from happening to someone else. A tenacious team of New Jersey accident attorneys can work to win you a just settlement for your injuries while allowing you to focus on the most important part of all – your recovery.

Photo Credit: MysteryCoach

New Jersey Car Accident Proves Fatal

New Jersey car accident results in fatality

A New Jersey car accident proved fatal for a man after the vehicle he was in crashed with another car at a Lakewood intersection, the Asbury Park Press reports. The fatal crash occurred at the intersection of New Hampshire and Cedar Bridge avenues the morning of April 4, 2012. Officials said the man died as a result of injuries sustained in the collision. Police are investigating the cause of this crash.

I offer my deepest condolences to the family members and friends of this car accident victim. Please keep this grieving family in your thoughts and prayers.

Dark Green: Energy-Efficient Wind Power isn’t So Safe

Wind Turbine Farm

Green energy has many positives. The cheap cost of electricity production allows many businesses and private homes to trim expenses in an environmentally-friendly way, while also shaking dependence on traditional energy sources. The technology, ever in development, is not without its problems. Wind turbines weigh in the thousands of pounds and sit high in the air. When mechanical problems occur – and they do frequently – these money-saving devices turn into life-threatening hazards. Wind power companies and turbine owners may not be doing enough to limit the risk to people living and working close to turbines. Wrongful death cases and significant injuries from turbine accidents are inevitable, if manufacturers continue to cut production corners.

Pennsylvania Turbine Fire

Photo Credit: Panoramio

In 2009, one of 12 wind turbines in Mahanoy Township, Pennsylvania caught fire while crews were performing regularly-scheduled maintenance. Locals in nearby Butler Township were so wary of the dangers that they aggressively fought a proposed wind farm that would’ve placed 27 turbines next to residential homes and schools.

187-Ton Windmill Collapse

Photo Credit: Dennis Nett

One of 20 windmills in a wind farm in Fenner, New York collapsed like a kid’s bendy straw scattering mechanical parts and jagged steel across the landscape. Enel North America, the company owning the windmill, had more than 260 turbines in various farms throughout the country at the time of the accident. The estimated replacement cost for the single turbine was between $2 and $3 million, according to Syracuse.com. The windmills in Fenner sit 212 feet off the ground, nearly as tall as the town’s highest building.

Turbine Malfunctions, Throws Fireballs

Photo Credit: Panoramio

A wind turbine on the home of Texas State Representative Susan King experienced mechanical failure in October 2011. The turbine’s blades continued to spin even as the engine sparked, ignited and spewed gouts of flame across a two-acre swath of the senator’s property. Crews responding to the emergency needed eight trucks to contain the blaze. Next Era Energy owns the turbines on King’s ranch, according to Friends of Freedom International.

Windmill Blades Fall Off

Photo Credit: Yes to Renewables

Bolt failures on a windmill in Rugby, North Dakota caused the blades and rotor on the tower to fall off and crash to the ground. Subsequent inspections by the Public Service Commission discovered similar problems in at least four more turbines in the 71-turbine farm. Iberdola Renewables owns the turbines manufactured by India-based Suzlon Wind Energy Corp. Inspectors normally examine bolts every six months, according to “The Bismarck Tribune”. That leaves only two explanations: the bolts show rapid degeneration or those inspectors aren’t keeping up with proper protocols.

With the force involved in these accidents, it’s only a matter of time before someone sustains significant injuries. Companies that fail to properly maintain wind turbines may be liable for damages relating to injuries or life loss occurring as a result.

If you or someone you love sustained injuries as the result of manufacturer negligence, you may have rights to pursue the party responsible for damages. New Jersey accident attorneys are ready to represent your interests and stand up to those at fault for your losses. Having an advocate on your side allows you to focus on what’s important – your recovery.

Photo Credit: Renewable Power News

911 Operator Immunity: Fair or Foul?

911 Operator Immunity Act

Imagine you’re at home during a break-in. While hiding under your bed, you dial 9-1-1 hoping the sound of your voice won’t alert the men looting your jewelry, family keepsakes. There’s only one problem – your town doesn’t have emergency services. The county shut the program down over liability concerns. Better dust off your hide-and-seek championship trophy; you’re about to come out of retirement.

That’s the potential reality for every city, town and county in New Jersey. The state’s 911 Immunity Act, the law that grants immunity to 911 operators, is under fire thanks to the egregious errors of 911 operators in Jersey City. Two separate operators sent police officers to wrong addresses in a case that ultimately to the wrongful death of three people and left only one survivor in 2005. Paris Wilson, now 13-years-old, lay on the ground amongst his dead mother, sister and dying brother for 33 hours before rescue workers finally arrived at the correct address. Wilson somehow escaped his uncle’s stabbing rampage relatively unharmed.

Sonya Manzano, Wilson’s guardian, sued both the 911 operators involved and Jersey City on the child’s behalf only to have a lower court toss the suit out citing the 911 Immunity Act. An appellate panel is currently reviewing the case, which could net a $15 million dollar wrongful death judgment in favor of young Paris.

Cash-starved cities across the state say they may simply eliminate emergency response services for fear of getting sued, according to NorthJersey.com. Defense attorneys and victims dismiss this tactic as a bluff born from hard economic times. If cities and municipalities are afraid of getting sued, do better. Hiding behind civil immunity doesn’t give much incentive for emergency operators to improve their skills. What do you think? Should people be able to sue 911 operators and cities for failing to respond properly in emergency situations?

Losing a loved one due to the negligence of another can be crippling both emotionally and financially. Experienced NJ personal injury attorneys are waiting to advocate on your behalf to win you the fairest settlement possible. Waiting to contact knowledgeable legal professionals could cause problems down the road, if you decide to pursue responsible parties for damages.

Photo Credit: Hickory Daily Record