Mallon & Tranger — New Jersey Personal Injury Lawyers

Posted on May 16, 2012 by glmain

If you have been injured because of the careless or negligent acts of another person, how do you know whether you should seek compensation through legal action? What are the steps you need to take to protect your interests? What must you show a jury in order to recover damages? This blog addresses the basic aspects of a personal injury claim in New Jersey. If you have been hurt, you want to immediately contact an experienced lawyer.

At the Law Offices of Mallon & Tranger, we fight for the rights of people who have suffered needless injury because of the wrongful acts of others. To schedule a private meeting, contact us by e-mail or call us at 732-410-6094 (toll-free at 877-320-0692). Your first consultation is free.

In the Aftermath of a Personal Injury

Once you have sought and obtained the medical care you need, you want to notify any insurance provider that may be responsible for coverage. Don’t be surprised, however, if your insurer engages in delays, initially denies your claim or offers you far less than you need to cover your losses. Insurance companies have a vested interest in paying you as little as possible; it’s how they maximize their profits.

To the extent possible, you will want to preserve any evidence that supports your claim. If you were involved in an automobile accident, take pictures of the scene of the accident, as well as the damage to all vehicles. Obtain the names, addresses and other contact information of all witnesses. Make certain you tell doctors or medical personnel about every injury you have, not just what you think are the most significant ones, and make certain they document all your complaints.

What You Must Show to Recover Compensation

In most personal injury claims, your lawsuit for damages will be based on a legal theory of negligence. To show negligence, you must demonstrate that the party who caused your injury engaged in conduct that a reasonable person would not have engaged in. For example, it is generally accepted that a reasonable person would obey all traffic laws. If you can show that the person who caused your injury was in violation of traffic laws at the time of your accident (they were speeding, driving while intoxicated or failed to stop at a red light, for instance), you have the basis for a claim of negligence.

Once you have shown that the other person acted unreasonably, you must show that their actions caused your injury. Furthermore, you must show that you suffered actual losses because of the injury. You cannot seek recovery for damages you have not actually suffered.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have suffered a personal injury. To set up a meeting, contact us by e-mail or call us at 732-410-6094 (toll-free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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Wrongful Death

Posted on April 12, 2012 by glmain

When your loved one has died because of the careless or negligent acts of another person, you can be at a loss as to what to do. You know that nothing will bring your loved one back—no amount of money will compensate you for what you no longer have. At the same time, you may incur economic issues—as you may have lost your primary means of support. You may also feel a right to hold those responsible for your loved one’s death accountable for their actions. This blog post identifies the types of recovery you can seek in a wrongful death action. If your family member has been killed in an accident, you want an experienced lawyer to protect your interests.

At the Law Offices of Mallon & Tranger, we offer comprehensive counsel to people in the aftermath of the accidental or wrongful death of a loved one. To schedule a private meeting, contact us by e-mail or call us at 732-410-6094 (toll free at 877-320-0692). Your first consultation is free.

Your Right to Recovery for Wrongful Death in Pennsylvania

When your loved one has died in Pennsylvania because of someone else’s wrongful conduct, you can seek full and fair compensation for:

• The loss of future earnings or support—all the salary that the decedent would have earned
• Any direct expenses, such as medical care before death or funeral/burial expenses
• Any pension or retirement benefits to which the decedent would have been entitled
• Loss of consortium or companionship—the loss of relationship, nurture and emotional support; as well as any mental pain and suffering resulting from the death

Pennsylvania also allows you to seek punitive damages in situations where the conduct that led to the death was egregious or showed wanton disrespect for the value of life.

Compensation for Wrongful Death in New Jersey

In New Jersey, you can recover damages in a wrongful death lawsuit for economic loss as well as emotional loss. The economic losses that are recoverable include:

• Medical expenses of your loved one resulting from the accident, but incurred before death
• Funeral and burial expenses

You will also be able to pursue compensation for the loss of any support the decedent would have provided. To determine what the damage amount should be, you can enter evidence of the health and earning potential of your loved one, as well as their life expectancy. The court will also allow you to show that there are additional costs that must be considered, such as child care, housekeeping and any special needs of family members.

New Jersey also allows survivors to seek damages for emotional loss, from parental guidance and nurturing to companionship and affection of spouses, children or siblings.

Contact Mallon & Tranger

We offer a free initial consultation to people in New Jersey who have a potential wrongful death claim. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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Domestic Violence

Posted on March 7, 2012 by glmain

If you have been arrested and charged with domestic violence or abuse, you may believe that you have no option but to accept the consequences. The reality in many domestic violence disputes is that there are no witnesses other than the parties. Because of the “he said, she said” nature of these proceedings, and because of prosecutors’ unwillingness to allow an alleged victim to renege on charges of domestic violence, the situation can seem hopeless. That’s when you need an experienced and aggressive defense attorney.

At the Law Offices of Mallon & Tranger, we fight for the rights of people who have been charged with a crime, including domestic violence. We will carefully gather and review all evidence, prepare any documents required by the courts, and be your voice in any hearings or proceedings, including requests for protective or restraining orders. To arrange an appointment, contact us by e-mail or call us at 732-410-6094 (toll free at 877-320-0692). Your first consultation is free.

Is There an Ulterior Motive?

In many domestic violence situations, the allegations mask a hidden agenda. You may be in a volatile relationship with someone who feels threatened when you seek to end the relationship. They may falsely accuse you of abuse as a way to punish you for not staying with them.

Another common circumstance where parties falsely allege domestic violence involves obtaining leverage in divorce, custody or visitation battles. A spouse or domestic partner who wants to limit your access to your children can accuse you of violence toward them or the children.

How Do You Defend Yourself?

Because these types of crimes seldom have witnesses, you will need to bring in circumstantial evidence to support your innocence. This can include prior assertions of domestic violence by the alleged victim, as well as any other information that tends to bring their credibility into question. If you can show that they have lied in the past, you have evidence that their current assertions may also be fabricated. In addition, if you can show ulterior motives, such as advantage in a divorce proceeding or a desire to punish you, you may be able to convince a court of your innocence.

Exercise Your Constitutional Rights

Any time you are taken into custody, you should exercise your constitutional rights. You have the right to remain silent—exercise it. Don’t say anything to police or prosecutors until you have a lawyer present. You have a right to be free from unreasonable search or seizure. Don’t let police in your home to conduct a search without a valid search warrant.

Contact Mallon & Tranger

We offer a free initial consultation to people under investigation for or charged with domestic violence. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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Minimizing the Risk of a DWI Arrest

Posted on February 7, 2012 by glmain

The consequences of a DWI conviction can be devastating. In addition to fines, penalties and even jail time, you will likely face higher motor vehicle insurance premiums, and can put your employment at risk. While the best way to avoid a DWI charge is to stay off the road when you have been drinking, there are other things you can do to reduce the risk you will be pulled over, or, if you are pulled over, that you will be arrested:

  1. Keep your plates and registration up-to-date—The police can pull you over for any violation. Far too many people charged with DWI are initially stopped because they forgot to put the appropriate tag on their car or failed to keep the registration current. It won’t do you any good to have the new tags in the car. They need to be on the car.
  2. Keep your vehicle properly maintained and street legal—Many people are charged with drunk driving because they were stopped for a broken tail light, headlight or turn signal. Make any necessary repairs to your car immediately. Don’t unnecessarily draw the attention of law enforcement officers. This can include tinted windows, modified muffler systems or other features.
  3. Obey the traffic laws—People are seldom pulled over because they are exhibiting signs of being intoxicated. More often than not, it’s for speeding, making an illegal turn or lane change, or failing to obey a red light or stop sign.
  4. Don’t volunteer information to police officers—You have the right to remain silent. Do not admit that you have been drinking, and don’t worry that your refusal to answer a direct question will be used as an admission of guilt.
  5. Don’t take field sobriety or coordination tests—You are not required to submit to field sobriety tests. You do not have to walk a straight line or touch your nose.

When you have been arrested or charged with drinking and driving, your lawyer will most likely conduct a thorough investigation of the facts and circumstances surrounding your arrest. The police must have probable cause to make the traffic stop. Your attorney will review the evidence to determine whether this existed. You can provide significant assistance to your defense by following the steps outlined above.

Contact the Attorneys at the Law Office of Mallon & Tranger

We offer a free initial consultation to car accident injury victims. To schedule an appointment, contact our office online or call us at 732-410-6094 (toll free at 877-320-0692). We offer three convenient locations, in Freehold, Toms River and Point Pleasant.

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Weapons Violations

Posted on September 1, 2011 by glmain

When you face weapons charges, there are specific steps you can take to protect your interests. Even though the process can be confusing and intimidating, an experienced lawyer can protect your rights and help you minimize the consequences of an arrest or prosecution. This blog post offers basic steps you can follow to protect your constitutional rights.

At the Law Offices of Mallon & Tranger, we aggressively protect the rights of people facing weapons charges.  We will conduct a thorough investigation of the facts and circumstances of your case, gathering and assessing the strength of all evidence for and against you. We will prepare and file all documents required by the courts, and will be your voice in all hearings or proceedings. Contact our office by e-mail or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment.

Don’t Talk to Police or Prosecutors without Your Attorney Present

Whether you are being questioned by police or they have taken you into custody, you have the right to remain silent, and to have your lawyer present. Don’t be fooled by the different tactics they will use to try to get you to talk. They may tell you that they have your best interests at heart, or that your situation will get much worse if you don’t talk. This is usually a trap. They are just fishing for potentially damaging evidence against you. Request the opportunity to consult with counsel and don’t say anything unless your lawyer tells you that you can. If the police have come to your residence, tell them they must stay outside if you need to go into the house to call your attorney.

Ask for a Copy of the Warrant

The  4th Amendment to the U.S. Constitution prohibits the use of evidence gained from an unreasonable search or seizure. If you voluntarily allow the police into your home, they can take as evidence anything that is within plain sight. Before you let them in, demand to see a warrant. If they don’t have one, you can ask them to leave your property until they do. Don’t be fooled or intimidated into letting them come in without a warrant. You have the right to deny their request to enter your home. Don’t make their job easier by unnecessarily waiving your rights.

Don’t Admit Anything

When the evidence against you seems overwhelming, you may be inclined to confess and throw yourself at the mercy of the court. This is never a good strategy. Instead, you are better off hiring an experienced attorney, someone who can determine whether evidence was improperly obtained, or your constitutional rights were otherwise violated, and seek to have the charges dropped.

Contact Mallon & Tranger

We offer a free initial consultation to people under investigation for or charged with weapons violations. For an appointment, contact our office online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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Probation Violations

Posted on September 1, 2011 by glmain

If you are on probation, and have been charged with or are under investigation for activity that may be in violation of the terms of your probation, you want an experienced lawyer to protect your rights. The consequences of a conviction for probation violation can be severe. You can be sent to or returned to prison, and you may have to start your sentence over again. An experienced attorney can help minimize the risks involved.

What Constitutes a Violation of Probation?

As a general rule, your probation will identify all potential activities that are a violation of its terms. However, there are certain types of actions that are almost always cause for arrest and/or prosecution, including:

  • The commission of the same or another new crime
  • The failure of a drug test
  • Failure to report to your probation officer as ordered
  • Failure to notify your probation officer of any changes in your residency or employment status

When you have been charged, you want an attorney who will fully investigate the facts and circumstances of your arrest, including whether police or law enforcement officers had probable cause to make any search, seizure or arrest. Your lawyer will want to identify where all evidence originated, including whether prosecutors relied on information from anonymous tipsters. You will want to identify all potential witnesses who can support your position, as well as anyone who may testify against you. In order to prepare and present the strongest arguments in your case, your lawyer must have all the facts.

Contact the Attorneys at Mallon & Tranger

To set up an appointment, contact our office online or call us at 732-410-6094 (toll free at 877-320-0692). Your first consultation is free of charge. We have offices in Freehold, Toms River and Point Pleasant.

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Recovering Workers’ Compensation Benefits for a Workplace Injury

Posted on July 21, 2011 by glmain

If you have been hurt on the job in New Jersey, you may be required to seek any financial damages through a workers’ compensation claim. In New Jersey, as in all states, injured workers are generally limited to whatever benefits are available under the state workers’ compensation laws. There are exceptions, including claims for injuries caused by someone other than your employer or a co-employee. An experienced and knowledgeable lawyer can help you understand your rights and take the right steps to protect your interests.

At the Law Offices of Mallon & Tranger, we bring years of experience to people who have been injured at work. We offer a free initial consultation in all workers’ compensation matters. To schedule an appointment, contact us by e-mail or call us at 732-410-6094 (toll free at 877-320-0692).

What to Do When You Have Been Injured at Work

The first thing you want to do after a workplace injury is seek appropriate medical care. You can go to your own physician or to the hospital, but you may also be required to see a company-selected doctor. Once you have a medical opinion regarding your condition, you should notify your employer.

Under the workers’ compensation system, your employer either purchases workers’ compensation insurance or is self-insured (paying their own work comp claims). Once you notify your employer of your injury, you will then submit a claim to their workers’ compensation carrier to receive benefits. The specific amount of benefits based on your type of injury is set forth in the state laws governing workers’ compensation.

If your initial claim for benefits is turned down, don’t be alarmed. Most initial applications are rejected. That’s why you need a good lawyer to guide you through the process. Your attorney will prepare and file all documents necessary to appeal any claim denial, and will represent you in hearings or proceedings before administrative agencies or in court

Contact the Law Office of Mallon & Tranger

To learn more about a potential workers’ compensation claim, contact us online or call us at 732-410-6094 (toll free at 877-320-0692.) Your first consultation is without cost or obligation. We have offices in Freehold, Toms River and Point Pleasant.

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Protecting Your Civil Rights

Posted on July 21, 2011 by glmain

While the U.S. Constitution is the foundation for your protection against abuses in criminal matters, it also provides the framework for your civil rights as well. In fact, the 1st Amendment to the Constitution focuses entirely on your civil rights, preventing the government from abridging or violating specific freedoms, such as the freedom of speech, of religion and to peacefully assemble. Later amendments address such issues as equal protection under the law, forming the basis for most laws governing discrimination and harassment.

Even with a broad body of law to support your civil rights, you can still face unfair treatment, whether in the workplace or at the hands of a governmental body, including a law enforcement agency. When you do, you need an experienced lawyer to represent you, someone who understands how your civil rights are protected, who has successfully helped others in situations like yours.

At the Law Offices of Mallon & Tranger, we offer experienced and knowledgeable counsel to people whose civil rights have been violated. To schedule an appointment for a free initial consultation, contact us by e-mail or call us at 732-410-6094 (toll free at 877-320-0692).

The Many Faces of Civil Rights Violations

Your civil rights can be violated in a number of ways:

  • The government may take actions, such as enacting laws that restrain your freedom of speech or religion. You may seek to peaceably assemble, only to have the government ban your meeting or march.
  • A governmental body may violate your right to vote under the 1965 Voting Rights Act
  • You may face discrimination in education, from admissions to state-funded schools to unfair allocation of student aid
  • Your landlord may discriminate against you in violation of federal law.
  • You can also file a civil rights claim if you have been the victim of certain crimes, such as hate crimes or law enforcement misconduct.

Contact the Law Office of Mallon & Tranger

If you are uncertain if your civil rights have been violated, we can help. We offer a free initial consultation to anyone with a potential civil rights claim. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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Wrongful Death

Posted on June 9, 2011 by glmain

When your loved one has died because of the careless or negligent act of another person, you can find yourself emotionally paralyzed, unable to take the steps you need to protect your future. Nothing you can do will bring your loved one back. Nonetheless, you can hold the wrongdoer accountable for their actions, and you can seek compensation for the financial losses you have suffered.

At the Law Offices of Mallon & Tranger, we provide comprehensive representation to people who have lost a loved on as a result of an accidental death.  To arrange an appointment, contact us by e-mail or call us at 732-410-6094 (toll free at 877-320-0692). Your first consultation is without cost or obligation.

What to Do After a Wrongful Death

When your family member dies because of someone else’s carelessness or negligence, your first course of action may be to seek death benefits under a life insurance policy. Unfortunately, when death is accidental, insurance companies can become suspicious and be less willing to work with you. They may engage in strategies to delay or deny your claim. In addition, you may find that the death benefit on any insurance policy is inadequate to compensate you for what you have lost. If your loved one was the sole or primary provider for your family, an insurance policy may be insufficient to compensate you for what they would have provided. That’s when you need to seek damages in a wrongful death lawsuit.

The causes of a wrongful death are seldom as clear as they seem. An experienced attorney can help you identify all potentially responsible parties. For example, if your loved one died in a motor vehicle accident, a knowledgeable lawyer may be able to establish defects in the construction or design of a vehicle, as well as negligence on the part of another driver.

An experienced attorney will also help you recover full and fair compensation for all your losses. In addition to the loss of financial support, you can seek damages for all unreimbursed medical expenses of your loved one before death, as well as the costs of funeral and burial services. You may also be able to recover compensation for loss of companionship and consortium.

Contact Mallon & Tranger

We offer a free initial consultation to people who have lost a loved one because of a wrongful death. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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On-the-Job Injuries

Posted on May 9, 2011 by glmain

When you have been hurt during the course of your employment, you can be uncertain about how to pursue full and fair compensation for all your losses. Can you only seek recovery through a workers’ compensation claim? Do you have to rely on the opinion of a company-selected doctor to get the treatment you need?

At the Law Offices of Mallon & Tranger, we know the stress and anxiety you can feel after a workplace injury. We offer aggressive, yet compassionate counsel to people who have been hurt on the job, handling all legal issues, from the preparation of any required documents to representation in hearings or proceedings. To set up a meeting, contact us by e-mail or call our office at 732-410-6094 (toll free at 877-320-0692.)

Your Rights When You Have Been Hurt at Work

In New Jersey, when you have been injured on the job, your rights to recovery depend on who was responsible for the accident. Under New Jersey law, all damages for injuries caused by your employer or a co-employee must come from a workers’ compensation claim. The workers’ compensation laws identify specific types of injuries and allow a fixed amount of recovery, based on the type of injury. You must notify your employer of your accident and will have to submit to a medical evaluation by a company-selected doctor. You can, however, also get treatment and an opinion from a doctor of your choice.

There are circumstances where, even though you have been hurt on the job, you can seek damages in a personal injury lawsuit in a court of law. These types of claims are known as third party claims, because the injury you suffer has been caused by the negligence of a third party, and not by you or your employer. Some examples of third party claims include:

  • Injuries caused when you are hurt in a traffic accident during the course and scope of your employment
  • Injuries sustained through exposure to a dangerous or defective product manufactured by a third party, such as a tool, machine or piece of equipment
  • Injuries resulting from the carelessness or negligence of a third-party contractor or sub-contractor on a job

In a third party claim, you don’t face the limits established by the workers’ compensation laws. Instead, you must demonstrate the financial consequences of your injury, in terms of loss of income, cost of medical care, and physical pain and suffering.

Contact the Law Office of Mallon & Tranger

At the law office of Mallon & Tranger, we provide a free initial consultation for people who have suffered injury in the workplace. To arrange a private meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

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