NJ Experienced Lawyers - The Rubinstein Law Firm, LLC
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What Is New And Interesting?

Walk Like a Penguin To Stay Safe On Ice

1/28/2015

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Here is an interesting article that is very helpful given our recent blizzard. As the sun comes out during the day, those mounds of snow will start to melt. However, the sun sets and then all of that melted snow starts to freeze into streams of ice. Sometimes you can see the ice and other times you do not see it coming. 

Experts say, if you feel yourself starting to lose balance, tuck into a ball, make yourself as small as possible and keep your head and face away from the fall. Don't put out your hands to catch yourself of you could break your wrists, hands, or even arms. As you are landing, try to land on the fleshy, fatty part of your body, rather than your knees, elbows or back.

One proven way, says experts, is to walk like a penguin. The waddle keeps your center of gravity over your front leg and will help keep you upright. Spread your feet slightly and take small steps.
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Massachusetts Malpractice Changes Offer New Options

1/26/2015

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Massachusetts recently enacted a new state law that establishes a process and time frame for discussing mistakes designed to benefit patients, doctors and hospitals. The law mandates that people give health care providers six months notice if they intend to sue for malpractice.

In one of the first test cases, a woman went in for gallbladder surgery. While performing the surgery, the doctor's noticed what could be cancer on a CT scan. However, they never ended up recommending she have a pelvic ultrasound to investigate the cancer. Months later, the woman was diagnosed with stage 3 ovarian cancer. Using this new law, the woman's attorney notified the hospital about the claim. The hospital did their own investigation and determined that they messed up. The arranged a meeting to discuss why the error occurred, how to prevent it in the future and to give the woman an apology. Soon after, the woman accepted a settlement from the hospital. The process took about one year, however, that is much less time than a lengthy court battle would take.

As far as the woman and her attorney are concerned, the hospital did the right thing and made his client feel really good about it. The woman felt like she was heard and something was done. 

Could this be a new wave approach for all of the states to follow? Time will tell.

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Driving In Snow Must Knows!

1/22/2015

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Sure, the snow is great for skiing, but not so much for driving. Accidents are common, windshields freeze and the ground is slippery.  However, there are some helpful rules to keep in mind given that it is snow season once again.

  1. Keep your gas tank full or at least at the half way mark. You never know when you are going to get stuck behind an accident and sitting in traffic for hours on end. A half or full gas tank also adds weight to the car and helps with traction. Gas is super cheap now, so there is no excuse to drive on empty in the winter.
  2. Keep an emergency kit in your car. Extra sweater, blanket, water bottle, cereal bar. This will help when you end up stuck in traffic or stuck in snow.
  3. Properly clean your car. Don't leave snow and ice still on the roof or back windows. NJ and PA law require you to fully clean the snow and ice off of your car.
  4. Slow down slowly when approaching stop signs, red lights or any intersection not regulated. The winter is not the time to test how well your tires and brakes work. It is always better to ease into a nice stop then try to slam on your brakes at the last minute and slide.
  5. Keep your distance. Nothing is worse than someone far up the line of traffic needing to stop suddenly and now you don't have enough room to stop in this chain reaction.
  6. If the snow is bad and you can stay home, do it. Nothing is worth risking your life. Don't try to be a hero and drive in the snow and ice because you think you are good at it. Be safe and smart.
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9 Most Dangerous Things You Do Behind The Wheel

1/18/2015

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1. Driving under the influence
2. Driving tired
3. Speeding
4. Distracted driving: texting, cell phone use, facebook, etc.
5. Driving too fast for the weather conditions
6. Driving too close behind tractor trailers
7. Reckless driving
8. Not wearing a seat belt
9. Failure to yield to the right away of another vehicle
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What Is A "Jury Of Your Peers"?

1/16/2015

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By the time you are an adult, it is common knowledge that our legal system will present your trial to a "jury of your peers". But what does that actually mean? Does it mean that people just like you, similar age, ethnicity, experience in life, socioeconomic background, will sit on the jury, listen to the evidence and decide? Unfortunately, it doesn't. It means that you can try to get people similar to you that will understand your situation, but in reality, people without a job, who hate their job and want to miss work, or haven't figured out a way out of jury duty will decide your case.

In the last months, the Eric Garner and Michael Brown cases have been all over the news after the grand jury failed to indict the officers that caused the death of these men. The public and families involved wanted the officers tried before open court. But who would have actually been on the jury?

Typically, when you receive a jury duty notice, you either sigh and try to figure out how you are going to get out of it, or like myself, you jump for joy at the chance to sit on a jury and perform your civic duty. In most cases, you will have to appear for the notice before you are dismissed from service. The problem now a days is that trials take a long time. Long ago, trials would be relatively short. It was also common for the jurors to actually know the defendant on trial and the witnesses. However, that is no longer allowed. There is also an issue of employees not being able to miss weeks or months of work because the trial is so involved. As a result, similar cross sections are left, which does not always give a "jury of your peers". 

The interesting thing is that a jury of your peers does not actually appear in the U.S. Constitution. Instead, we have this right to an impartial jury, which may not necessarily be your peers. As it stands today, it more means having a good cross section of the community that are eligible and able to sit on the jury for the length of the trial.
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Fitbit Data Used As Evidence In Courtroom

1/16/2015

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In Canada, a personal injury firm is representing a personal trainer who was injured in an accident. In the first of its kind, the firm is going to attempt to use the fitbit data to show what activity level the client is at now and compare it to the average activity level of someone her age and profession. It is unclear right now if the court in Canada will accept the information as accurate or allow it as evidence in the case.

However, it begs the question as to what other types of matters could fitbit data be used for. What if health insurance companies or employers started requesting the data to determine your level of activity when considering to insured you. In reality, the data collected by fitbit or any of the other similar brands could act as a black box for the human body. It is hard to lie and say you can no longer run after an accident, when fitbit data says otherwise. 



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    Author

    Kristy L. Bruce enjoys the satisfaction of helping change someones life for the better. She hopes you enjoy this blog.

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Rubinstein Law Firm Attorneys in Mercer County NJ

The Rubinstein Law Firm, LLC - New Jersey and Pennsylvania Lawyers
1675 Whitehorse Mercerville Road, Suite 206, Hamilton, NJ 08619

Phone: 609-392-7600
Fax: 609-964-1785                                 

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who we are

Attorneys:
Robert W. Rubinstein, Esq.
Kristy L. Bruce, Esq.

Our Services

Injuries From Accidents
Criminal/Juvenile Charges
Municipal Court Complaints/Tickets
Expungement

Business Disputes 
Employment Litigation


Wrongful Death

NJ Courts

Mercer County
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Hunterdon County
Atlantic County
Camden County
Monmouth County
Morris County
Bergen County
Essex County
Gloucester County

PA Courts

Bucks County
Philadelphia County
Montgomery County
Delaware County



  • Home
  • Attorneys
    • Robert W. Rubinstein, Esquire >
      • Certified Civil Trial Attorney
    • Kristy L. Bruce, Esquire
  • Practices Areas
    • Accidents & Injuries >
      • Car Accident
      • Truck Accident
      • Wrongful Death
      • Motorcycle Accident
      • Fall Down Accident
      • Pedestrian Accident
      • Drunk Driving Accident
      • Nursing Home Neglect
      • Medical Malpractice
      • Bicycle Accident
      • Dog Bite
      • Highway Accident
      • Traumatic Brain Injury
      • Injured At Work
    • Business Litigation >
      • Business Services
      • Shareholder Disputes
      • Business/Commercial Litigation
      • Breach of Contract
      • Sexual Harassment Defense
    • Criminal Charges >
      • Burglary
      • Robbery
      • Theft
      • Drugs
      • Forgery
      • Stalking
      • Cyber-Harassment
    • DUI/Traffic Ticket >
      • DUI
      • Refusal Charge
      • Driving While Suspended
      • Shoplifting
      • CDS in Vehicle
      • Leaving The Scene
      • Domestic Violence
      • Harassment
      • Simple Assault
  • FAQ
    • Limitation on Lawsuit
    • Involved in a Car Accident?
    • How to Select a Lawyer
    • How To Select Auto Insurance In NJ
    • Criminal Terms 101
    • NJ Criminal Process
    • Statute of Limitations in NJ
  • Blog
  • Contact Us