Full Tort vs. Limited Tort:

Posted by admin on April 12, 2010  |  8 Comments

Tort law addresses and provides remedies for civil wrongs other than those arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.

In purchasing automobile insurance, a driver is given two options, one of which significantly limits your ability to make a recovery in the event that you are injured in an accident that wasn’t your fault.  In Pennsylvania, this is known as the “Limited Tort” option.  In Pennsylvania, purchasers of the “Limited Tort” option must suffer from a significant loss of bodily function in order to bring a lawsuit for their pain and suffering, leaving themselves exposed in the event that they are badly injured but do not meet the legal definition of a significant loss of bodily function.

In New Jersey, this is known as the “Verbal Threshold” option. It can also be referred to as the “Tort Limitation” option.  In New Jersey, purchasers of standard automobile insurance policies who limit their right to sue a negligent driver by electing the “Verbal Threshold” or “Tort Limitation” option can only sue if they sustain a bodily injury that results in death, dismemberment, significant disfigurement, significant scarring, displaced fractures, loss of a fetus, or a permanent injury.

With a Full Tort /Zero Threshold selection, you retain unrestricted rights to bring suit against the negligent party for non economic damages such as pain and suffering, emotional distress and loss of life’s pleasures.  With a Limited Tort /Verbal Threshold option, you are not able to recover certain damages, most importantly payments for your pain and suffering.

Regardless of your tort option selection, you always retain the right to sue for economic losses such as unpaid medical bills and loss of wages.

Preventing Playground Accidents

Posted by admin on January 25, 2010  |  No Comments

Kids love playgrounds where they can climb, slide, swing, and have fun. But U.S. Consumer Product Safety Commission data show that more than 200,000 playground accidents occur annually, with many requiring emergency room treatment for injured children. Safe Kids USA has reported falls are responsible for most non-fatal playground injuries, while the leading cause of death related to playground equipment is strangulation. Playground injuries can occur at home or at a public playground.

The National Program for Playground Safety suggests precautions parents can take to make sure their children are as safe as possible at home and at public playgrounds.

-An adult should supervise all play and assist in emergencies.

-Encourage children to play on equipment designed for their ages.

-Safety-inspect ground surfaces for hardness or hazards such as broken glass or other sharp objects.

-Monitor ladders, steps, platforms, handrails, ropes, barriers, and swings, slides, seesaws, and merry-go-rounds for condition, looking for sharp edges, loose connections, missing parts, and other dangers.

-Report and repair all hazards.

Despite all precautions, child injuries may occur – but parents have legal remedies. A three-year-old in a Headstart program suffered head, neck, and brain damage from a fall off a jungle gym. The child’s parents received a structured settlement after their attorney demonstrated that the preschool operators were negligent for failing to provide adequate adult supervision of children at play.

Identity Theft: What to know

Posted by admin on December 13, 2009  |  No Comments

How does identity theft work? First, criminals fraudulently obtain someone’s legal and financial identities – credit card numbers, Social Security numbers, ATM or phone calling cards, etc. Then they use this information and pretend to be the owners, running up charges and cash withdrawals as fast as they can before impersonating their next victim.

Thieves used to pick pockets for this information; today, they impersonate employers or bankers to obtain copies. They also watch victims at ATM machines or phones and steal PIN numbers. Pilfering bank statements, credit card offers, or other mail is common, too.

Often, the first sign of trouble is that the victim’s phone number suddenly becomes unlisted. Doing this enables criminals to postpone credit check calls while they steal as much as they can.

Reduce Identity Theft Risk

1. Call Opt-Out at 888-567-8688 to have your name removed from pre-approved credit card lists.
2. Write to the Direct Marketing Association’s Mail Preference Service at P.O. Box 9008, Farmingdale, NY 11735 to have your name purged from mailing lists.
3. Reduce the number of credit cards you hold and close out any you rarely use.
4. Never give your Social Security or credit card numbers on the phone or online unless you originate the transaction.
5. Look for lurkers when you use ATMs or phones.
6. Secure your home mailbox.
7. Get an update from a national credit-reporting agency annually.

If You’re a Victim

Immediately report the crime to the police, the Post Office, the local Social Security office, your financial institutions, and credit card issuers. Notify the following three credit reporting companies.

Credit-Reporting Companies

EQUIFAX – 800-525-6285.
P.O. Box 740250, Atlanta, GA 30374
EXPERIAN – 888-397 – 3 742
P.O. Box 1017, Allen, TX 75013
TRANS UNION – 800-680-7289
P.O. Box 6790, Fullerton, CA 92634