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Author Archives: Kevin Kutyla

What Is New Jersey’s “Serious Injury” Threshold for Car Accident Lawsuits?

New Jersey is a no-fault auto insurance state, which means accident victims who have opted for limited coverage are restricted in their ability to seek damages from another party for their injuries. The victim must first look to his or her insurance carrier for reimbursement of medical expenses, lost wages and other accident-related costs. However,… Read More »

What Are Your Remedies if a Work Injury Worsens a Prior Condition?

When an employee with a preexisting medical condition or injury aggravates that condition due to a subsequent work-related injury, leaving the employee disabled, there is a special type of workers’ compensation that applies. New Jersey created the Second Injury Fund to act as an insurer of last recourse for certain injuries, so that the employer… Read More »

NJ Legislature on Track to Ban Non-Disparagement Clauses in Employment Agreements

  A non-disparagement clause is often contained in a written agreement between an employer and employee and states the employee will not say negative things about the company. These clauses are quite restrictive and designed to stop employees from talking about a current or former employer’s leadership, products or services to friends, venting on social… Read More »

How Your Choice of Automobile Insurance Policy Affects Your Right to Sue for Damages

In many states, people injured in auto accidents can immediately seek compensation from the driver who caused the crash. Here in New Jersey, though, we have what is called a no-fault system, which means your own insurance is the first, and potentially only, source of compensation, even if the accident was another driver’s fault. Further,… Read More »

Your Options for Filing a New Jersey Employment Discrimination Claim

Employees and job candidates in New Jersey and around the country have the right to be free from discrimination in the workplace. Despite state and federal laws that prohibit employers from treating people differently based on race, age, sex, religion, disability and other protected characteristics, the problem persists. If you have been discriminated against at… Read More »

Employers Can’t Discriminate Based on Your Immigration Status

It’s widely known that federal civil rights laws outlaw employment discrimination on certain bases, such as race, gender and religion. But did you know that it’s also against the law for most employers to discriminate against people on the basis of their legal immigration status? A section of the Immigration and Naturalization Act (INA) prohibits… Read More »

How to Prove Sexual Harassment by a New Jersey Employer

Sexual harassment has long been a serious problem in workplaces throughout the United States. Despite the #MeToo movement, enforcing laws against sexual harassment remains problematic. Often, this is because of the difficulty of proving that illegal misconduct occurred. However, meritorious cases can be won through careful and thorough gathering of evidence. In New Jersey, the… Read More »

What Disability Benefits Does New Jersey Workers’ Compensation Pay, and for How Long?

If you suffer an accident or illness at work that renders you disabled for any period of time or even permanently, you have a legal remedy. New Jersey law requires employers to provide workers’ compensation insurance coverage, which pays for injured employees’ out of pocket costs regardless of who was at fault for the accident… Read More »

Wrongful Death Lawsuits and Survival Actions: Who May Bring Them

If you have lost a relative due to another person’s fault, you may be entitled to financial compensation. New Jersey law permits certain family members to sue the person who caused their loved one’s death. There are two remedies possible: a wrongful death lawsuit or a survival action. Here’s what you need to know about… Read More »

Calculating Damages for Pain and Suffering After an Accident

An auto accident can leave you with severe injuries and resulting expenses. You may face high medical costs, lose time at work and suffer a great deal of pain. If another person was at fault for the accident, you might be entitled to financial compensation for what you are going through. How much money you… Read More »