NURSING HOME ABUSE AND NEGLIGENCE

NURSING HOME ABUSE AND NEGLIGENCE

Consider the scenario whereby our loved ones are no longer active and unable to cater for themselves even though family members are there to help them, and it might become necessary that we put them up in a Nursing Home where they can get the best attention and Care. Unfortunately, many of these Nursing homes do not conform to standards set by the State of New Jersey and tends to subject residents to various forms of abuse and negligence. New Jersey lawyer, David P. Schroth, is a distinguished and highly respected legal representative, bringing his over twenty years courtroom experience to bear on Nursing home abuse and Negligence litigation.

Law officers of David P. Schroth provide a personalized service that enables you to seek legal redress for Nursing home abuse and negligence for loved ones who have suffered sub-standard care, while giving you the assurance that they will not only get justice but get the best of care and attention.

VICTIMS OF NURSING HOME NEGLIGENCE AND ABUSE

  • Aged family members that are frail, inactive and always needing attention.
  • A young person, whose medical condition has become Chronic.

NURSING HOME NEGLECTS

  • Personal Hygiene: Failure not to give the residents best hygienic care available such as bathing, cleaning, brushing of teeth, pedicure and manicure, shaving of beards, etc.
  • Emotional neglect: This is a situation whereby residents of the Nursing Home go through severe emotional trauma by leaving them alone, ignored, and even suffer verbal abuses from nursing staff. The emotional scar from this experience tends to linger for a long time.
  • Neglect of Basic Need: Failure by the nursing home to provide clothing, food, safe, and clean environment to the residents.
  • Medical Neglect: Failure by the nursing home to provide adequate attention, prevention and medication for health issues such as infections, cuts, diabetes, etc.

SIGNS YOU SHOULD WATCH OUT FOR

You need to watch out for the following signs when you go visiting;

  • Malnutrition: When resident’s physical appearance portray evidence of being poorly fed and maltreated.
  • Weight loss: When you notice that your loved ones are losing weight, and there can’t be any reason or explanation for that.
  • Bedsores: This is noticeable when your loved ones stay in bed for an extensive period of time.
  • Signs of Injuries: When the effect of injuries suffered in Nursing Homes becomes noticeable, it becomes apparent that your loved ones may not be receiving the best of attention and care.
  • Dehydration: When your loved ones have wrinkled, dry skin and their eyes become sunken then it becomes likely that they may be suffering from dehydration caused by the severe deprivation of water.
  • Behavioral Changes: When your loved ones become unusually withdrawn, hostile to other nursing home residents and a sudden change in personal hygiene means neglect and abuse may be taking place.
  • A weak interaction between your loved ones and the Nursing Home staff should also signal the potential for neglect and ill-treatment.

WHAT SHOULD I DO IF ANY OF THE ABOVE SIGNS ARE OBSERVED?

Contact David P. Schroth for dependable, efficient, and confidential legal guidance on 1-609-882-0041 or pay a visit to our office at 795 PARKWAY AVE, SUIT A-3 EWING, NEW JERSEY 08618.

 

Personal Injury and Your Car Accident

The right personal injury attorney can win compensation in your car accident case. NJ residents should contact Dave Schroth for top legal representation.

Your heart is pounding, your ears are ringing, your knuckles are white around the steering wheel. Your vision is tunneled to the space beyond your windshield. If you’re familiar with this feeling, you have our sympathy. Car accidents are far too common everywhere, and New Jersey is no exception.

Drivers need to pay full attention to the task at hand. Yet external dangers persist; drivers can be impaired by alcohol, distracted by conversation (including hands-free) or texting, or suffer from a physical impairment like poor eyesight, sleep deprivation, or an age-related issue. Even good drivers can fall victim to hazardous conditions, like shoddy road design, inclement weather, vehicle malfunctions, or simply overconfidence.

Polls show nearly all drivers who’ve had a car accident did not believe themselves at fault. Therefore, after a collision involving another driver, most people reasonably consider their legal options to see if the other driver should pay.

 

I’ve been in a car accident with another driver in New Jersey. What do I need to know?

If you obtained insurance in New Jersey, your insurance type will determine whether you can file suit. If you purchased ‘no fault’ insurance, it doesn’t matter who initiated the crash. You must file a claim with your own insurance company, except in cases of severe bodily injury.

If you chose traditional insurance, you should know that New Jersey has ‘shared fault’ or ‘comparative negligence’ laws. This means if the insurance companies or a court determines that you share a portion of blame for the accident, your percentage of fault would be deducted from the total claims awarded. You can only file suit if you are less than half responsible for the incident. Therefore, if a court finds you 15% responsible for the car accident, and the total award is $100,000, you would receive $85,000.

 

I’ve suffered personal injury in a car accident in New Jersey. How long can I wait to file suit? 

You shouldn’t wait long. The statute of limitations is 2 years for personal injury cases in New Jersey, including car accident personal injuries. That time begins from the date of the event. While a car accident is disorienting, and you’ll need time to organize your affairs, it’s strongly recommended you find a lawyer and file suit well before this deadline.

If you’re in New Jersey, and you seek top quality, personalized legal services for a personal injury claim that stems from a car accident, we advise you to contact New Jersey attorney Dave P. Schroth. He can bring over twenty years of experience and expertise to bear in your personal injury case. Call today at 609-882-0041 for a case evaluation and let the law work for you.

 

How to Stop Domestic Violence

Domestic violence is terrifying. You don’t deserve it.

It’s important to protect the ones you love. It’s a big world and there are many ways they can get hurt. We all want to support our loved ones because we know we’d want their help if it came down to it. We’ve all got to stick together.

But sometimes the ones closest to us change. The person we fell in love with isn’t the same person anymore. Maybe the man who swept you off your feet is now unrecognizable; he has become surly, temperamental, or vicious.

We owe our loved ones support and loyalty. But sometimes they become someone we don’t know anymore. And we never owe someone the right to hurt us, or abuse us, no matter the stress or pain they feel inside.

My partner has been hurting me. It started slow but it’s gotten worse. I don’t know if it will stop.

Services exist to protect people in your position. If you are in New Jersey, there is a government domestic violence program in every county in the state. Their services include:

  • 24-hour hotline
  • 24-hour access to a confidential safe house
  • Counseling and support for victims and children
  • Legal advocacy
  • Community networking

If you are in New Jersey and seek crisis intervention or information, please call the government hotline at 1 (800) 572-SAFE (7233). 

I would like to separate from my abusive spouse. What can I do?

A New Jersey attorney, Dave Schroth, would like to help. He has worked in New Jersey family law for over 20 years, and he can provide personalized legal services to help extract you and your children from a dangerous situation. As a family law attorney, he can protect the legal rights of victims of domestic violence. Contact Dave Schroth at 609-882-0041. He is here to help.

Employment Rights

Employment law protects you from abuse of power at the workplace.

Do you feel that you were unfairly terminated? Perhaps you’re experiencing unfair treatment at your job to pressure you to quit. These kinds of workplace abuses may violate New Jersey employment law. If you find your circumstances thrown into turmoil by an abuse of authority at your present or former job, you may want to contact a New Jersey lawyer to evaluate your options.

New Jersey is an ‘employment at will’ state.

An ‘at will’ state permits an employer to terminate an employee – or an employee to quit – for any reason at any time. A significant personal dispute may be sufficient grounds for termination. However, if the employer’s reasons for termination can be tied to their opinions about your identity, they might have violated the New Jersey Law Against Discrimination (LAD).

The New Jersey Law Against Discrimination prohibits job-related actions, including discharge, on the basis of a protected category, including race, creed, color, national origin, ancestry, age, sex and others.

For a full list of protected categories and the scope of the New Jersey LAD, visit the New Jersey government’s web page on the Division of Civil Rights here.


I think my employer is creating a hostile workplace to get me to quit. What can I do?

The practice of creating such an adverse environment that an employee feels compelled to quit is known as “constructive discharge”. These cases place the burden of proof on the former employee, who must prove the employer took actions including:

  • Threatened to terminate the employee or suggested they resign
  • Demoted the employee, or conspicuously passed them over for promotion
  • Reduced the employee’s salary or benefits
  • Transferred them to an undesirable position
  • Changed their responsibilities
  • Subjected them to unfairly harsh performance reviewsConstructive discharge cases are more actionable if the employer’s actions also violate anti-discrimination laws, the Americans with Disabilities Act, or harassment laws.

I feel my employment rights have been violated. What should I do?

Although New Jersey is an ‘at will’ state, you are still afforded protections under employment laws. If you feel you’ve been targeted for workplace abuse and found your circumstances diminished, you might have an actionable case against that employer. Contact New Jersey lawyer David P. Schroth at 609-882-0041. He is one of the top New Jersey attorneys taking employment rights cases, and he can fight for what you deserve under the law.

 

Weapons Offense Charges in New Jersey

You need a top criminal defense lawyer in New Jersey to defend a weapons offense charge.

 

A person needs to protect themselves. Sometimes you just can’t leave your safety or the safety of your loved ones up to somebody else. Everyone has the right to self-defense, and sometimes that requires a weapon.

There are laws that govern which weapons are legal to own, the legal channels to acquire them, and in which circumstances a weapon can be carried. If you go outside these legal restrictions, you could be facing weapons charges, which carry the possibility of jail time if convicted. If you’ve been charged with a weapons offense in New Jersey, your best defense now is to find a top criminal defense lawyer to support your case.

What types of weapons charges exist in New Jersey?

Many common weapons charges in New Jersey arise from one of four factors, which extend from (but are not limited to) N.J.S.A. § 2C:39. These factors include:

  • Having an illegal weapon. Certain weapons are illegal to own, such as sawed-off shotguns, silencers, certain kinds of ammunition, etc.
  • Having a weapon for an illegal purpose. This is purposely left open to interpretation by prosecutors and the judge.
  • Having a legal weapon without a proper permit. If you possess an unregistered firearm, or lack the permit to own or carry the weapon in a certain place, you would face a weapons charge of varying degree depending on the weapon.
  • Having a weapon you are specifically forbidden to possess. If you have been committed to a mental hospital or have been convicted of a crime, you are forbidden to possess a weapon even if you have the permits.

These are four of many different factors that can result in a weapons offense charge. In New Jersey, conviction of a weapons offense can result in jail time, heavy fines, and the stigma of a criminal record. Repeat offenses will incur increasingly severe consequences. If you face a weapons offense charge in New Jersey, it’s important you seek out a criminal defense attorney immediately.

David P. Schroth has provided personalized legal services to New Jersey residents for over twenty years. Located just outside Trenton, he is one of the top criminal defense lawyers in the state. Contact him at 609-882-0041 for a consultation into one of the best defenses under the law.

Defend Your DUI

A DUI can result in fines, jail time, suspended licenses and more.

You are driving home from a party late on Friday night. You’ve had a few drinks, but felt well enough to drive. You weren’t far from home – you decided to chance it. But suddenly, flashing lights appear in your rear view mirror. You’re being pulled over by the police. You pull onto the shoulder with a sinking feeling in your gut – your only hope is leniency.

In New Jersey, like in most states, driving under the influence is a serious infraction and your options are limited. New Jersey has an ‘implied consent’ law (N.J.S.A. 39:4-50.2) which holds any driver of a motor vehicle obligated to take a breath test if the officer has probable cause to believe they are intoxicated. You can refuse it, but the penalties for refusal are steep.

Refusal to submit to a breath test when suspected of DUI carries penalties contingent on whether you’ve refused on the past.

  • 1st refusal – 7-month license revocation and $300-$500 fine.
  • 2nd refusal – 2-year license revocation and $500-$1,000 fine.
  • 3rd refusal – 10-year license revocation and $1,000 fine.

It’s worth noting that even without the evidence of a breath test, you may still be charged and convicted of a DUI based on other evidence. The penalties for a conviction can be severe and lasting, especially if there was property damage or personal injury to other parties. Therefore, if you face a DUI charge, it’s essential you seek an experienced criminal defense attorney to defend the charge or negotiate for a lighter sentence.

A knowledgeable criminal defense attorney might challenge the officer’s reason for pulling you over, the legality for your arrest, or the conduct of the officer during the arrest. If there’s likelihood that you face conviction, your criminal defense attorney would provide counsel that could affect the severity of your sentence. If this is your second or third conviction, you’re certainly going to need help.

 

If you were arrested and charged with a DUI in New Jersey, you must find a criminal defense attorney as soon as you can. Contact attorney David P. Schroth. Located just outside Trenton, David has offered strong, personalized legal services for over 20 years, including defending against DUI charges. Reach him at 609-882-0041, so he can help you, too.

Write Your Will with a Top New Jersey Attorney

Write a Last Will and Testament under the guidance of New Jersey Attorney

It’s tough to start writing a will. It can be tough just thinking about it. No one wants to entertain the thought of the day they’ll leave this earth; the reality is certain facts of life are immutable, and they can come at unexpected angles. We must be forward-thinking, and anticipate the day we’re no longer here to help our loved ones. We can ease our passing for them, in part, by establishing a clear process by which our belongings are dispersed to them each one in kind.

In New Jersey, when a person passes away without a will, their estate is distributed according to state laws. Certain assets, such as those jointly owned with the right of survivorship (such as a home) are not included in the estate. If an administrator cannot be agreed upon by the family, the court will appoint one – typically a close relative – to divide the estate among the family. Closer relatives receive larger shares than extended relatives, and distribution of items of sentimental value are left to the discretion of the administrator. Of course, this has the potential to create rifts within the family, which compounds their grief over their loss of the deceased with bitterness over the handling of the estate.

How can I smooth the transition of my passing for my family? 

The responsible and compassionate way to ease the pain of your passing is to create a will. It gives you the last word on the distribution of your estate and removes the stress of that process from your surviving family. In addition, you can choose to leave assets to dear friends, or charitable organizations, both of which would be omitted by a state-guided administration.

New Jersey does not require that your will be drafted by a lawyer. In fact, anyone who is over 18 and considered of sound mind can write their own will. However, these wills often fall into pitfalls, such as an unclear turn of phrase, or an accidental omission of assets or beneficiaries.

An airtight will removes the burden of estate administration, and contention, from your loved ones. Write a sound will, and provide the final authority on your estate, by consulting a lawyer experienced in wills, trusts, and estates.

 

New Jersey attorney David P. Schroth has provided personalized legal services to New Jersey residents for over twenty years. He can help you write your will, and guide you with compassion and care. Call him today at 609-882-0041.

 

Seek Personalized Legal Services for Car Accident Cases

Seek Personalized Legal Services to Recover from a Car Accident

Have you been injured in a car accident in which another driver was to blame? If so, you may be considering legal action, and rightly so. Car accidents that result in personal injury are terribly stressful events; victims must contend with insurance companies, medical bills, ongoing pain from injuries, material losses from missing work, vehicle repairs, and emotional trauma from the accident.

In New Jersey, you have two years from the date of the accident to file a personal injury claim. If you delay beyond this period – the statute of limitations – the court will likely decline to hear your case. It’s imperative you obtain a lawyer and file your claim well before this deadline.

Will the insurance company pay for damage to my vehicle?

Usually, you would contact the insurance company of the person who caused the accident. Their insurance would pay for the damage to your car or its fair market value – whichever is lower – when they determine their insured indeed caused the accident.

However, New Jersey offers drivers the option of ‘no fault’ car insurance. If you purchased this kind of insurance, you must turn first to your insurance company for compensation of medical expenses and material losses. You are permitted to file suit against at-fault drivers only if your injuries were severe and specific – such as disfigurement, significant scarring, displaced fractures, loss of a fetus, or another permanent injury.

I have traditional insurance in New Jersey, and can file suit. What do I need to know? 

New Jersey has a ‘comparative fault’ rule affecting awarded compensation for car accident cases. If you are found to be partially to blame for the accident – for example, the other driver ran a stop sign but you were driving without your headlights in the evening – then the percentage of your blame would be deducted from the total award. Therefore, if a jury found you to be 20% at fault, and the total damages were $10,000, then you would be awarded $8,000.

In these types of cases, an effective lawyer will make or break your case. The defendant will seek to attribute as much blame to you as possible. If they are truly at fault, you’ll need an experienced lawyer to fend off their accusations and place blame squarely where it belongs.

New Jersey attorney David P. Schroth has over 20 years of litigation experience, including personal injury cases involving car accidents. He provides the personalized legal services you’ll need to build a strong case tailored to your circumstances. Call him today at 609-882-0041, and seek the compensation you deserve.

 

 

Prosecute Property Damage in New Jersey

Here’s what to know about pursuing a property damage claim in New Jersey.

 

Is someone responsible for the destruction of your property? If so, you may be familiar with the feelings of outrage, frustration, and impatience that ensue when dealing with the damage and a culprit who may be reluctant to make things right. If you’d like to hold someone responsible for property damage committed in New Jersey, contact New Jersey attorney David P. Schroth for personalized legal services and let the law help you recover your losses.

 

What do I need to know about filing a property damage claim?

New Jersey has a six-year statute of limitations on civil claims of personal property damage. This is because sometimes it takes time to know that damage was incurred, and to connect the damage with a cause. The statute of limitations means you must submit your claim within this period – preferably with time to spare – lest you risk the court declining to hear your case, no matter how valid.

You can pursue a claim for damage to any kind of property recognized under the law – whether homes, vehicles, personal effects such as jewelry, clothing, and art, or pets and livestock. If the property damage was deliberate, there may be an accompanying criminal charge – criminal mischief – which could put added pressure on the accused to settle with you before a trial.

What happens if the property damage was the result of an accident?

 In the case of accidents, such as car accidents, the cause of action might be negligence if the other driver failed to drive responsibly. You could sue for property damage due to the decreased value of your car and for damaged items inside the car. However, due to New Jersey’s contributory negligence or ‘shared fault’ laws, if you were found partially responsible for the accident, then your percentage of the fault would be deducted from the overall award.

Each case is different, and navigating complex laws requires a steady hand and depth of experience. If you’re in New Jersey, and have questions about a property damage case or would like to take one further, contact New Jersey attorney David P. Schroth at 609-882-0041. He’ll provide the personalized legal services you need to receive judgment in your favor.

Uphold Your Civil Rights

If you were discriminated against by an employer, our civil litigation lawyer will fight to uphold your civil rights

If you are a member of a protected group, then you understand these groups are protected for a reason. Many people in America still face discrimination on a daily basis, whether overtly or in the form of microaggressions, on the basis of their race, gender, age, orientation, disability, and more.

It is illegal for an employer to discriminate against someone in the workplace based on any of those factors. There have been numerous forms of federal legislation aimed to prevent workplace discrimination, notably Title VII of the Civil Rights Act of 1964. Later federal legislation strengthened employee protections and added means for victims to receive restitution from the discriminating parties.

In New Jersey, the Law Against Discrimination expands the list of protected groups and also prohibits discriminatory practices in the workplace. Such practices include unfair terminations, undeserved punishments, unequal pay, being passed over for promotion on account of your group, or any other differential treatment that reflects such a bias.

Civil rights lawsuits based on employment discrimination are notoriously hard to prove. Cases with direct evidence, such as a supervisor stating the reason for your differential treatment, are exceedingly rare. Cases are typically built with circumstantial evidence, which is less effective in court, but with a long list of well-documented incidents, you can strengthen your case.

New Jersey residents have two agencies through which to file an employment discrimination claim. You can file with either the state administrative agency – the New Jersey Division on Civil Rights (DCR) – or the federal administrative agency, the Equal Opportunity Employment Commission. The option exists to ‘cross-file’ your claim with both agencies. Bear in mind that if the DCR requires you to file your claim within 180 days of the breach of your civil rights.

It’s also important to note that if the DCR reviews your claim, and concludes there is “no probable cause” to support it, you will not be able to pursue your claim in court. Therefore, if you’re seeking compensation for the violation of your civil rights – whether in the form of back pay, front pay, lost benefits or others – you may want to first consult with an experienced civil litigation lawyer to gauge the strength of your case.

If you feel your civil rights have been violated, call attorney David P. Schroth. With over 20 years’ experience in civil rights cases and other forms of New Jersey law, David P. Schroth is the civil litigation lawyer who will fight to uphold your rights and win compensation for your struggle.

Call today at 809-882-0041 and defend your civil rights in a court of law.