Archive for the ‘Uncategorized’ Category

5 Common Traffic Violations: How A Lawyer Can Help if You Have Been Caught

There’s nothing quite like the feeling you get when you see red and blue lights flashing in your rear view mirror. You quickly scan your speedometer and your surroundings and wonder, were you speeding? Maybe he’s after somebody else? When he waves you over you know you’re about to get a traffic violation. You quickly calculate how much it’s going to cost you and how many points you’re going to be assessed. The good news is that even though it’s what most people do, you don’t have to automatically pay that ticket – in fact, it could be the absolute worst thing to do. When you sign the back of your ticket and pay the fine, you’re actually pleading guilty, and that can lead to a whole host of problems, including higher insurance rates. The attorneys at Wallace Law are experienced traffic violations attorneys who can help you get those charges reduced, or even dropped.

Though there are many reasons that a police officer could pull you over, certain traffic violations are written more frequently than others. The 5 most common traffic violations are:

  1.  Speeding – It doesn’t matter whether you’re driving through a suburban neighborhood or on the highway, if you’re driving over the posted speed limit then you run the risk of being pulled over. You need to be particularly vigilant about paying attention to your surroundings, as police take advantage of areas where the speed limit drops suddenly. You can be cruising along at 40 mph, enter a 25 mph zone without noticing it, and all of a sudden you’re pulled over for going 15 miles per hour over the limit – and that’s a hefty violation.
  2. Running a Red Light – Police and law enforcement officials are very concerned about people going through red lights, as it can cause deadly accidents. If you see a light turn yellow, you’re much better off slowing down and waiting then trying to make it through. Not only do you put yourself at risk of getting a ticket if the light turns red faster than you thought it would, but you could end up hurting somebody, and yourself too.
  3. Reckless Driving – This is a term that applies to a lot of different ways of driving, but it generally means that you’re driving in a way that puts other drivers on the road in danger because you’re being careless.
  4. Improper or Unsafe Lane Changes – When you change lanes on a multi-lane highway you are expected to check to see if other vehicles are nearby and to signal so that other drivers know what you’re doing. Failure to do this can lead to a sizeable ticket.
  5. Tailgating – When you drive too close to the bumper of the car in front of you, you not only risk an accident if they stop or slow suddenly, but you can also be charged with driving too aggressively.

Driving is a responsibility that we all should take seriously in order to make sure that we are safe, and that’s why police issue tickets.  If you think you’ve been charged incorrectly or unfairly, or you’re concerned about the ramifications of the ticket you’ve received, contact the attorneys at Wallace Law today to learn more about how we can help.

Precautions Every Motorcyclist Should Take to Prevent Injury

There is no argument against the joys of riding a motorcycle. There is nothing like it for truly experiencing the open road. But for all of its pleasures, motorcycle riding is also extremely dangerous. Thousands of people die each year in motorcycle crashes, and tens of thousands suffer injuries. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists have a 26 times greater chance per mile traveled of dying in a crash than is true of automobile passengers, and a 5 times greater chance of being injured.  These injuries can range from cuts and scrapes to devastating, life-changing impacts including traumatic brain injury and total paralysis. At Wallace Law, we are committed to helping those who have been the victims of negligence in motorcycle injuries, and to promoting safety for motorcycle enthusiasts. Here are some precautions that every motorcyclist should take to prevent injury.

According to the Motorcycle Safety Foundation, there are certain rules and common sense actions that all motorcyclists should take to prevent injury, but the most important thing is to remember that in most motorcycle accidents the drivers of automobiles and trucks indicate that they were unaware of the motorcyclist’s presence. That means that motorcycle readers need to do more to make themselves visible. This includes making sure that headlights are working, using reflective strips on the motorcycle and on their clothing, and not hesitating to use their horn. Perhaps most important of all, be aware of drivers’ blind spots and avoid them as much as possible.

Wearing protective clothing is essential. Helmets may restrict your sense of freedom, but they also save lives and protect your brain. Eye protection, long sleeves and long pants, over-the-ankle boots and gloves that are thick and padded will make a very big difference if an accident occurs, as they will be the only thing between you and the pavement.

All drivers are taught the importance of defensive driving, but this is even more important for motorcycle drivers and their riders, as they are far more vulnerable than those riding in vehicles. This means that a motorcycle driver needs to be constantly on the lookout for road conditions, to be aware of the actions of others with whom they share the road, and to be sure to use turn signals. Avoid riding between lanes or weaving between vehicles, as these actions make you unpredictable to drivers, and can even inspire road rage, which is an increasing problem on America’s highways.

Despite being responsible drivers, many motorcyclists suffer serious injury as a result of the negligence of drivers of trucks and passenger cars. If you have been in a motorcycle accident caused by another driver’s recklessness or inattentiveness, the attorneys at Wallace Law are here to help you get the compensation you deserve for your medical expenses, damage to your bike, lost wages, and more. Contact us today to learn more about how we can help.

Slip and Fall Injuries Are Common in The Workplace: What to Do If You Have Been Injured

Injuries can happen anywhere, and are as unexpected in the workplace as they are in a restaurant, shopping mall, or at home. Slip and fall accidents are one of the most common causes of injuries, and though they are sometimes a matter of clumsiness, in many cases they are the fault of the owner of the property on which they occurred. In these cases, premises liability law comes into play and victims can file personal injury lawsuits, but when accidents occur in the workplace there are special rules that apply. Slip and fall injuries are common in the workplace, and if they happen to you it is important that you know what to do and what your rights are. The attorneys at Wallace Law are here to help.

When a worker is injured in a slip and fall accident in the workplace, or suffers any other injury on the job, they are entitled to file a workers’ compensation claim. Workers’ compensation is a type of insurance that employers carry for their employees – it provides full compensation for medical expenses, as well as covering a portion of lost wages should the employee need to miss any work while recuperating. It can also provide long-term disability if the employee is unable to return to work as a result of their injury. Workers’ compensation is a no-fault type of insurance – it does not require the employee to assign any blame on the employer, and provides the employer with a guarantee that they will not be pursued in a personal injury lawsuit. Still, many employers balk at approving workers’ compensation claims. It is important that if you file a claim, you make sure that you follow all of your state’s guidelines and requirements for documentation and meet all deadlines. A workers’ compensation attorney can provide invaluable assistance to you in this process.

In many cases, a slip and fall injury in the workplace may be the result of negligence of a third party, that is neither the employee nor the employer. Examples of third parties who might be liable include the manufacturer of equipment that caused your injury, a delivery person or contractor who was in the workplace, or even faulty work that was done by a subcontractor. The owner of your workplace property, from whom your employer rents space, may be responsible. These are possibilities that may not occur to the employee who was injured, and that’s where the attorneys at Wallace Law may be able to provide you with the most helpful legal guidance. We can represent you in your workers’ compensation appeal, and also provide expertise in determining whether somebody else is to blame for your injury. If you would like to discuss this, please contact our office to set up a convenient appointment. A consultation is free. We are here to help.

Buying A Short Sale or Foreclosure? Why You Should Hire a Lawyer for Help

Owning your own home is a dream that most people share, but making that dream a reality can be difficult. Real estate prices continue to rise, while incomes don’t necessarily keep up, and that makes things challenging. It is natural for those searching for a home to look for a bargain, and there are a lot of them out there with the large number of people who have suffered as a result of the economic downturn. Though short sales and foreclosures can represent tremendous savings for those who don’t have the money to purchase a home at full price, they also carry a significant amount of risk. At Wallace Law, we have extensive experience in assisting potential home buyers considering buying a short sale or foreclosure. There are a lot of important ways that a lawyer can help.

A short sale is the term used when a homeowner sells their house for less than the amount that they owe to the bank and the bank has agreed to take a reduced amount in payment. By contrast, when a home is being sold as part of a foreclosure, the homeowner was unable to meet their mortgage obligations and make their principal and interest payments to the bank holding their loan. The lender seizes the property, evicts the homeowner, and sells the home. There are a few pitfalls that can take place with buying a home being sold on short sale or foreclosure. These include:

  • Hidden problems with the property – In many cases these are a result of the homeowner being unhappy with being forced to leave. They either take out their frustration on the home and purposely damage it or fail to maintain or repair the property as a result of not being able to afford to do so, or no longer caring.
  • Problems with insurance, title or land rights – When homes are owned and sold by banks, the sales are often as is, and done without full disclosure. This can leave potential buyers at risk of purchasing a house for which renovations are disallowed, a home that is uninsurable as a result of being in a flood plain, or that presents other significant ownership problems.
  • Foreclosures and short sales are notorious for having unpredictable timelines. Much of this is a result of the need to get approval from the bank. It can also be difficult to get approved for a loan on a home going through foreclosure or short sale.

Buying a short sale or foreclosure can offer many benefits, but it is important to have an advocate on your side who can protect your interests and help you through the process. The attorneys at Wallace Law have extensive knowledge of the legal issues that short sales and foreclosures represent, as well as experience in dealing with them. We can conduct title searches, provide you with advice regarding negotiating a fair price, review all of your legal documents and provide invaluable advice to protect your interests throughout the transaction. Call us today to learn more about how we can help.

DWI Laws in New Jersey: How Will They Affect You if You Get Pulled Over

There was once a time when driving while intoxicated was something that people joked about – even bragged about. Those days are long gone: all around the United States, driving while drunk, or even tipsy, is treated as a serious issue, and in some states it is even considered a criminal offense. The laws that have been written to address the issue of driving under the influence vary from state to state, and the DWI laws in New Jersey are some of the strictest in the country. As a result, those who have been pulled over on suspicion of driving under the influence need to make sure that they have legal representation that has extensive experience in defending drivers charged with DWI. The attorneys at Wallace Law have a record of success in challenging arrests and defending the rights of drivers.

Though the state of New Jersey does not consider driving while intoxicated a criminal offense, the laws that have been created make life extremely difficult for anybody who has been convicted. The fines, fees and penalties are extensive, and those who are repeat offenders have no right to a jury trial: instead a municipal judge reviews all charges and evidence and hands down a ruling. These rulings may include jail time, thousands of dollars in fines, license suspension, and the required use of an ignition interlock device once the license is reinstated. Drivers may also be required to take mandatory driver’s education classes or to perform community service.

Though some argue that New Jersey’s laws are too tough, others argue that they are not tough enough and that it is a mistake not to consider driving under the influence a crime. More than half of drivers whose licenses have been suspended for violating DWI laws in New Jersey continue to drive.  This is a mistake, as repeat offenders face even more drastic fines and penalties.

The state of New Jersey’s DWI laws permit a judge to suspend a driver’s license for anywhere from three months to ten years, depending upon the various factors involved in the incident. All other penalties are also subjective depending upon elements such as blood alcohol content, whether the driver has previously been convicted of similar charges, and whether you were driving in a school zone or had a child in the vehicle.

The cost of a DWI in the state of New Jersey is very high. Surcharges include hundreds of dollars for line items such as Safe Neighborhood Services, an Alcohol Education, Rehabilitation and Enforcement Fund, and court costs. Additionally, your will automatically be subject to a surcharge on your auto insurance that will last a period of years. In order to minimize the impact of DWI laws in New Jersey, contact the knowledgeable attorneys at Wallace Law. Our experience will work to your benefit.

What to Do If You Get Caught Driving On a Suspended License

The state of New Jersey comes down hard on those who violate its driving laws, and it is not uncommon for a driver’s license to be suspended for any number of reasons. A driver who is caught driving following their license having been suspended will find themselves facing whatever penalties would have been assessed for the violation that they have been charged with, in addition to significant fines and penalties attached because of the suspension.  This is true even in cases where the driver had not been aware that their license had been revoked in the first place. If you have been charged with driving on a suspended license, you need the help of an attorney from Wallace Law. We have extensive experience in this type of issue, and will mount a strong defense on your behalf.

The law that applies to those caught driving on a suspended license in the state of New Jersey is NJSA 39:3-40. It describes those it includes as those “to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver’s license.” The people in this broad category face fines of $500 for a first time offense, with a charge of $250 per year for three years. A second offense carries a $750 fine and jail time, and a third offense increases the fine to $1,000, as well as having the license suspension extended. There are other factors that can make the penalties even stiffer – these include being caught driving without a license while intoxicated or if the violation includes an accident in which another person is injured.

All too often, drivers don’t even realize that their license has been suspended. The state has two different types of license suspensions: those that are imposed by the court and those that are administrative and imposed by the Division of Motor Vehicles. Court-imposed suspensions are generally a result of a driver not having paid a fine or having accumulated too many points for driving violations. A license can also be suspended for failing to pay parking tickets, or for not having paid an insurance surcharge. Another common occurrence is when a person’s license is suspended for a specific period of time and that time period expires – they are required to pay a restoration fee that many are unaware of.

The question often is whether the driver was ever notified or aware of these suspensions, and there are many ways to argue either that the suspension was improper or that you were not aware of the suspension. At Wallace Law, we have a record of successfully getting the charges of driving on a suspended license dropped. For help with your case, contact us at your earliest convenience so that we can map out a legal strategy that will work for you.

Slip and Fall Injuries Can Be Serious: Understanding Your Rights When It Comes to Premises Liability

A slip and fall injury may sound minor, but it can actually be extremely serious, and can even be fatal. They are very common, and though the person who falls often initially blames themselves, in many cases the fault actually lies with the property owner. This is true whenever there is some kind of hazard or unsafe condition present that contributed to or caused the accident that caused the injury. If you have been injured in a slip and fall accident and you think there is a chance that the owner of the property where you hurt yourself was negligent, then make an appointment with the attorneys at Wallace Law. We are experienced personal injury attorneys who are dedicated to making sure you understand your rights when it comes to premises liability.

Premises liability is an area of law that holds a property owner responsible for damages if an accident on their premises was their fault. Damages that a person who has suffered a slip and fall injury can include the costs of their medical care, any wages that they lost as a result of their recuperation and rehabilitation, additional expenses such as those required for transportation to and from medical appointments of medical supplies, expenses for housekeeping or childcare support they may have needed, future losses, the assessed value of any pain or suffering that they have endured or will continue to endure, and even punitive damages which may be assigned as punishment if the negligence is extreme. Obviously, the amount that the property owner will end up having to pay in total depends upon the severity of the injury and what the circumstances were.

In order to bring a successful premises liability case, there are certain requirements. A person who is on the property illegally is generally not able to sue for injuries that they have suffered, even if there was a hazard present. However, if you are permitted to be on the property, then the requirements for proving a case include being able to prove that you actually suffered an injury, and that it occurred as a result of the property owner failing in their duty to keep the property safe. Examples of an unsafe environment can include broken flooring or stairs; insufficient lighting; water, ice or snow on the property, and loose carpeting or debris in the walkway. All of these are examples of a property owner failing to provide a reasonably safe environment for those coming onto their premises.

If you have suffered a slip and fall injury on somebody else’s property and believe that owner negligence may have played a part, then call the attorneys at Wallace Law and set up a free consultation. We will review the details of what happened to you, answer all of your questions, and make sure that you understand your rights and the compensation you may be entitled to under premises liability law.

Common Premises Liability Injuries: What You Can Do If You Have Been Hurt on Another’s Property

If you are hurt while on another person’s property, your first priority should always be attending to your needs and getting well — the issue of blame or who is at fault is rarely the first thing that you think of. But after the dust has settled and the injured person or their loved ones are able to sit back and think about what happened, many people come to the realization that the accident was a result of somebody else’s negligence. Perhaps it is a matter of a sidewalk not being properly shoveled, or a loose carpet not having been tacked down, or maybe an employee has left debris in a walkway and you have tripped over it. No matter what the circumstances, it is important that you know what your rights are and have a clear understanding of what you can do if you have been hurt on another’s property. The attorneys at Wallace Law have extensive experience in premises liability law, and can help you make sure that you are fully protected and get the compensation that you deserve.

Premises liability injuries can happen in a number of ways, and can range from relatively minor injuries such as bruises and scrapes to catastrophic injuries that leave victims disfigured or permanently disabled. In some cases, a premises liability injury can even lead to death. There are some common premises liability injuries, and these include

  • Broken bones
  • Bruises scrapes and lacerations
  • Brain injury as a result of an injury to the head
  • Spinal cord injuries that result in partial or full paralysis
  • Burn injuries as a result of exposure to chemicals, electricity, heat or open flame

Though there are a number of different types of premises liability injuries, including animal attacks, fire, assaults and accidental drowning, the most common involve slip and fall accidents that are a result of negligent maintenance of the property. Examples of these can include uneven sidewalks, floors that have been left wet and slippery, or that are scattered with debris over which a person can trip, snow or ice that has not been removed, or holes in flooring.

Not every accident that occurs on another person’s property is a result of negligence. In order for a property owner to be found liable for an accident that occurred on their property, it needs to be proven that they failed to exercise reasonable care in the maintenance and upkeep of their property, and that their failure to do so led to the accident. In order to prove this, you need an experienced personal injury attorney.  The lawyers at Wallace Law are highly respected premises liability attorneys who will meet with you and carefully assess your situation. We will ask all the right questions and provide you with the information you need about your rights and whether filing a premises liability lawsuit is in your best interest. Call us today to set up a free consultation.

Wrongful Death Caused by Medical Malpractice: How to Find Out if Your Loved One’s Doctor Was Negligent

Losing a loved one is one of life’s most painful experiences. The grief that you feel is made even more difficult if you suspect that their death was a result of negligence on the part of the medical professional who was entrusted with their care. When a person dies as a result of another person’s lack of appropriate care, the surviving family members have a right to file what is known as a wrongful death lawsuit seeking compensation for the medical expenses that were incurred, funeral and burial expenses, lost financial support, and even the pain and suffering that their loved one endured before their death. But before you can file this type of lawsuit, it is important to find out whether your suspicions are valid and whether medical malpractice actually occurred. If you have found yourself in this situation, the attorneys at Wallace Law can help. We are knowledgeable medical malpractice attorneys with an expansive network of resources that we can use to help determine whether your loved one’s doctor was negligent.

Medical malpractice is defined as a physician or other healthcare professional or facility falling short in their responsibility to meet a certain standard of care. Though patients and their families may have one idea of what that standard of care is, the truth is that not every poor medical outcome is a result of negligence. The legal standard for medical malpractice has been established as when others in the profession believe that the service falls short of what is generally accepted by others in the field.  In order to prove medical malpractice, Wallace Law’s attorneys seek to prove the following:

  • That the healthcare professional and the patient had a doctor/patient relationship
  • That the care that the healthcare professional provided fell short of the standard as interpreted by others in the field
  • That the failure to provide the standard of care was what resulted in the patient’s injury (or in the case of wrongful death, in their death)

Medical malpractice cases rely on testimony provided by other medical professionals who have expertise in the applicable field. They generally testify as to whether the standard of care has been met, and explain how the care that was provided fell short in a way that makes it understandable to a judge and jury.

Proving medical malpractice can be very difficult. It requires the assistance of a law firm that has experience and knowledge of medical malpractice law, as well as a record of successfully pursuing wrongful death cases. Winning this type of case generally results in the survivors, which generally includes the surviving spouse, children or grandchildren, and parents of the deceased person, receiving compensation for loss of financial support, loss of companionship, loss of value of household services, and reasonable medical, funeral and burial expenses.  If you believe that your loved one’s death was the result of medical malpractice and would like to explore your legal options, contact the attorneys at Wallace Law today.

Excessive Force in South Jersey: What Is It, and What Can You Do If You Are A Victim?

Excessive force is a civil tort that seems to appear in the news with increased frequency. As stories of police misconduct and brutality emerge, it is increasingly important for South Jersey residents to know what constitutes excessive force. It is also important for citizens to know what to do if they find themselves a victim. It may feel as if the law is against you in these situations, but there are laws that can help you take action against wrongful behavior.

What Is Excessive Force?

By looking at previous local cases, we can develop an accurate picture of what the state sees as excessive force. South Jersey police officers have the right to use physical force to make arrests, protect citizens, or defend themselves. Officers can use more force when they believe the suspect is a threat, but anything beyond subduing the suspect is excessive. Any decision about excessive force is evidence-based, meaning that it’s up to the victim to prove the arresting officer was unnecessarily rough.

What Should I Do If I Feel I’m A Victim?

State law allows citizens to raise lawsuits against officers in the case of suspected excessive force. In these lawsuits, the plaintiff (you) and the defendant (the officer) will attempt to establish “preponderance of the evidence,” meaning you’ll simply need to provide stronger evidence for your case than the defense presents. It’s important to note that while an officer can still be convicted of excessive force even if you were actually committing a crime, the fact that a crime was committed can hurt your case. The jury may suspect the force was more justified.

How Do I Prove Excessive Force?

There are several steps you can take to prove an incident of excessive force in South Jersey, and you should start preparing the moment you feel victimized. During the arrest, offer as little resistance as possible so that the defense cannot use resistance as evidence that force was necessary. Stay as calm and level-headed as possible, as anger can make you appear more threatening. During the procedure, try to memorize as many details as possible, and record them as soon as you can. You also want to take pictures or videos of any bruises, cuts, or other visible injuries you sustained during the incident. You should also talk to any possible eyewitnesses to see if they’d be willing to testify on your behalf.

Perhaps most important, hiring and following the instructions of a skilled lawyer is key to your case. A lawyer can analyze your evidence, instruct you on your next move, and help represent you in court. Being a victim of excessive force or police brutality can be intimidating, but you will get justice with the law on your side.

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