South Jersey Magazine's Q&A Legal Guide
May 2009

Construction Accident Injury

Question: I was injured while working on the job at a construction site. I'm receiving workers compensation benefits, but I don't know if I will be healthy enough to return to my old job. What are my rights?  

Answer: The facts of the accident which caused your injury need to be carefully investigated by experienced counsel. If a third-party played a role in bringing about your injuries, such as a general contractor, sub contractor or product supplier, you may well have a meritorious claim for loss of income, medical expenses, pain and suffering and other damages allowed by the law.  

Medical Malpractice

Question: I see my gynecologist regularly for Pap smears, and have always been assured that the results were negative. Recently, I was informed that the lab which interpreted the results has reconsidered its earlier "negative" finding, and now thinks that there may be signs of cancer on a slide from three years ago. I am anxious for myself and my family; what can we do?  

Answer: You should, of course, follow up immediately with the physician specialist who can offer the correct diagnosis and necessary treatment. Legally, you may also wish to investigate a potential claim against the lab for misinterpreting the slide. If the slide contained evidence of cancer about which you were not timely notified, a claim for the injuries and losses you and your family may sustain should be pursued.  

Personal Injury

Question:  While driving on a state highway, my left front tire entered a large pothole, causing me to lose control of my car. As a result, several occupants of my car were seriously injured.  Can the state be held accountable for this unsafe condition of the road- way?

Answer: Possibly. The state and local governments have immunity from lawsuits in some areas, but in others, immunity does not exist if the plaintiff can prove that the state’s failure to repair the defective condition was “palpably unreasonable.” You should consult with an experienced attorney who can conduct the necessary investigation to determine whether your case has merit.