Safety Tips - ChaimBerkovic

Safety Tips

Does New Jersey’s PIP Law Change Allow Injury Victims to Claim Future Medical Costs? 

Does New Jersey’s PIP Law Change Allow Injury Victims to Claim Future Medical Costs? The New Jersey Supreme Court is set to decide if a legislative amendment to the state’s personal injury protection (PIP) law enables accident victims to receive benefits for future medical expenses. This review comes after a trial judge allegedly used an older version of the PIP statute, ignoring the recent changes. Case in Focus: Brehme v. Irwin Linda Brehme was injured in a 2016 car accident in Paramus when Thomas Irwin’s vehicle hit her from behind. She was awarded $225,000 for pain and suffering and $50,000 for lost wages, but her future medical expenses, estimated at $236,000, were denied by the judge. Legal Dispute Gerald Clark, Brehme’s attorney, argues that the judge failed to apply the revised PIP law that allows for compensation of future medical expenses. The 2019 Supreme Court ruling in Haines v. Taft stated that medical bills exceeding PIP coverage could not be claimed at trial, inviting the Legislature to clarify the law. Legislative Amendment Following Haines, the Legislature amended the PIP statute (N.J.S.A. 39:6A-12) to allow the collection of medical bills beyond PIP benefits at trial. However, the trial judge in Brehme’s case did not apply this amendment. Appeal and Controversy Clark has appealed the decision, arguing that accepting the initial judgment does not waive the right to appeal for future medical expenses. The Appellate Division panel ruled against the appeal, citing procedural issues rather than addressing the statute’s application. Moving Forward Clark is optimistic about presenting the case before the New Jersey Supreme Court, seeking justice for Brehme and others in similar situations. Stay tuned as the court reviews this significant issue affecting personal injury claims in New Jersey.

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Avoiding Contractor Fraud After Disasters 

Avoiding Contractor Fraud After Disasters In 2023, the United States experienced 28 billion-dollar climate catastrophes, and 2024 is already seeing severe weather events. In the aftermath of these disasters, vulnerable homeowners often fall prey to fraudulent contractors. Contractor Fraud Awareness Week The National Insurance Crime Bureau (NICB) aims to combat this issue through its annual Contractor Fraud Awareness Week, observed this year from May 20 to 24. The NICB reports that contractor fraud accounts for about 10% of disaster-related costs each year, amounting to approximately $9.3 billion in 2023. This fraud hampers rebuilding efforts and can lead to higher insurance premiums. Protecting Homeowners David J. Glawe, president and CEO of NICB, emphasizes the significant financial toll contractor fraud takes on Americans. Fraudulent contractors exploit disaster victims by promising affordable renovations, repairs, or construction projects, only to deliver substandard work and deplete homeowners’ savings. Homeowners must be proactive to avoid scams after a disaster. Steps include contacting their insurer to understand their coverage, and seeking licensed, insured, and well-reviewed contractors before scammers strike. Insureds should research contractor credentials, obtain multiple quotes, and watch for red flags indicating potential fraud. Common Contractor Fraud Red Flags The NICB highlights several red flags to watch for: Claims of approval by FEMA or other agencies. Out-of-state contractors appearing after a disaster. Requests for upfront payment to schedule work. Offering unsolicited services. Pressuring to quickly sign electronic documents. If you believe you have encountered or witnessed contractor fraud, report it immediately to the NICB at (800) 835-6422.

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