Understanding Soft Tissue Injuries After a Car Accident
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The term “soft tissue” describes practically anything in your body that is not bone. These soft tissues can include tendons, muscles, fat, and ligaments. Soft tissue can be injured just like any other part of your body, even though it may not fracture. Soft tissue injuries can still impact your life and impose significant costs on you, financial and otherwise. Many people underestimate the effects of soft tissue injuries. A car accident lawyer would properly value your case and your life's impacts when you seek financial compensation.
How Can Soft Tissue Be Injured?
Soft tissue can be injured much the same as bone would in the event of a sudden impact. Additional things can cause soft tissue injuries, such as sudden and jarring movement. Soft tissue may tear or be disturbed when your body is forced to move unnaturally. You would often experience this movement in a car accident when the impact suddenly causes your body to move out of position.
What Are the Different Types of Soft Tissue Injuries?
There are numerous types of soft tissue injuries that can affect your body, including:
Ligament tears: Your ligaments hold your bones and joints in place. A tear can cause instability and reduce your range of movement. Ligament tears may require surgery to repair, especially when they occur in your knees.
Cartilage tears and damage: Cartilage is the tissue that lines your joints and acts as a shock absorber. Cartilage damage can result in persistent joint pain. Some cartilage tears are more serious than others. For example, a tear in the meniscus of your knee often requires surgery.
Sprains and strains: A sprain occurs when soft tissue stretches. Sprains can impact one's ability to move and require extensive rest to heal.
Contusions: A contusion is another way of saying that your soft tissue is bruised. Contusions can cause pain. You can be in a considerable amount of discomfort, depending on the severity of a contusion.
Soft Tissue Injuries Can Be Serious
Soft tissue injuries may not be any less serious than certain types of fractures. For example, if you have torn a ligament in your knee, it could affect your ability to put weight on it and even move. Torn ligaments do not heal on their own with rest, and they may need surgical intervention. Thus, you may encounter a significant disruption in your life and considerable pain and suffering.
Do not make the mistake of thinking that a soft tissue injury is not serious when it comes to seeking financial compensation. If you are unable to work because of your injury or you experience physical pain, you are legally entitled to be paid for it. The party responsible for the car accident may even be required to compensate you if you miss out on things you enjoy in life.
What Should I Do if I Have Suffered a Soft Tissue Injury?
Soft tissue injuries may not be immediately apparent in the days after a car accident. You may only begin to feel pain and soreness at some point in the future, and not necessarily at the end of the accident. It is essential that you see a doctor as soon as you begin to experience pain and discomfort because soft tissue injuries can grow worse without medical treatment or rest. If you wait too long to get medical treatment, it could affect your legal case because the insurance company could argue that you failed to mitigate your own damages.
Contact a Monmouth County Car Accident Lawyer at Lombardi & Lombardi, P.A. Today for Help with Your Case
If you have suffered a soft tissue injury in a motor vehicle crash, reach out to a Monmouth County car accident lawyer at Lombardi & Lombardi, P.A. You can schedule a free initial consultation by filling out our online form or by calling us today at 732-906-1500. We have offices in Brick, Freehold, and Edison, New Jersey, and we serve clients throughout New Jersey, including Point Pleasant.
The holiday season is a time for celebration, but it also brings increased risks on the road. Heavy traffic, unpredictable weather, and driver distractions make safe driving practices essential for protecting yourself and your loved ones.
Why Is Holiday Driving More Dangerous?
Holiday driving is riskier due to crowded roads and seasonal weather challenges. Many people travel to visit family, shop, or attend events, leading to increased traffic and a higher chance of car accidents. Winter conditions like snow, ice, and reduced visibility further complicate driving.
Distractions also play a role, as drivers may focus on holiday stress, unfamiliar routes, or their phones for directions. Fatigue is another factor, with long trips and late-night drives becoming more common during the holidays.
How Can You Prepare Your Vehicle for Holiday Travel?
Proper vehicle preparation is crucial for safe holiday travel. Start with a maintenance check to ensure your car is in top condition. Inspect tires for adequate tread and inflation, test brakes, and check the battery—especially important in colder weather.
Top off essential fluids like oil, coolant, and windshield washer fluid, and replace worn wipers to ensure clear visibility. For regions with severe winter conditions, consider snow tires or chains.
Stock your emergency kit with essentials such as a flashlight, jumper cables, blankets, first-aid supplies, and non-perishable snacks. These items can be lifesaving in case of a breakdown or delay.
What Driving Behaviors Help Reduce Risk During the Holidays?
Safe driving habits can greatly reduce holiday travel risks. Follow posted speed limits and adjust for weather or traffic conditions. Maintain a safe following distance to allow more reaction time in case of sudden stops.
Avoid distractions by keeping your focus on the road. Refrain from using your phone, eating, or engaging in other activities that divert attention from driving. Plan your route ahead of time and give yourself extra travel time to avoid rushing, which can lead to aggressive driving.
If driving long distances, take regular breaks to rest and stay alert. Fatigue can impair judgment and reaction time, so make rest stops part of your travel plan.
How Does Weather Impact Holiday Driving?
Winter weather poses significant challenges for drivers. Snow and ice can reduce traction, increasing the risk of skidding or losing control. Before driving, clear all snow and ice from your car’s windows, mirrors, and lights to maximize visibility.
When driving in adverse conditions, reduce speed and increase the following distance. Avoid sudden movements, like hard braking or sharp turns, which can cause your vehicle to skid. If your car slides, steer gently in the direction of the skid and avoid overcorrecting.
Heavy rain or fog can also impair visibility. Use low-beam headlights and maintain a steady speed. If visibility becomes too poor, pull over to a safe location until conditions improve.
How Can You Avoid Distracted or Impaired Drivers?
Some drivers may act carelessly during the holidays, whether due to distractions or impairment. Watch for signs of erratic driving, such as swerving, inconsistent speeds, or delayed reactions. Maintain a safe distance from these drivers and report their behavior to authorities if necessary.
To reduce your own risk, plan travel during daylight hours when impaired driving incidents are less frequent. If attending a holiday gathering, use a rideshare service or designate a sober driver to ensure everyone gets home safely.
What Should You Do if You Are Involved in an Accident?
Despite precautions, accidents can happen. If involved in a collision, check for injuries and call emergency services if needed. Move your vehicle to a safe location, if possible, and exchange contact and insurance information with the other driver.
Document the scene by taking photos of the vehicles, damage, and surrounding area. These details can be valuable for insurance claims or legal proceedings. Avoid discussing fault at the scene, as this determination should be left to insurance adjusters or law enforcement.
The Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A. Help Car Accident Victims Injured During the Holidays
If you have questions about your rights after an accident, the Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. can provide the guidance you need. Call us today at 732-906-1500 or fill out our online form for a free consultation. With our offices located in Brick, Freehold, and Edison, New Jersey, we proudly serve clients throughout the state, including Point Pleasant.
Residents and travelers in larger areas have come to rely upon rideshare services like Uber and Lyft for their convenience and ubiquity—but rideshare vehicles get into accidents, too, sometimes with dramatic consequences. If you need help covering your resulting medical bills or associated costs, you may not know what to do; the number of parties potentially involved complicates the legal aftermath.
You need a seasoned legal team by your side to guide you and protect your rights. Let our rideshare accident attorneys at Lombardi & Lombardi, P.A. help you.
Who Can Be Held Liable in an Uber or Lyft Accident?
In some accidents, another driver causes the collision. In these cases, their personal liability insurance usually kicks in to cover whatever damages you suffered.
However, if your own Uber or Lyft driver causes your accident, the liability situation can feel a lot more complex. You may want to sue Uber or Lyft directly—but in most situations, the rideshare companies employ their drivers as independent contractors to shield themselves from lawsuits.
The companies do not just leave their drivers stranded though. If your driver causes an accident during an active ride, the company will generally provide up to $1 million in personal liability coverage. If the accident happens during an active pickup or fare search, Uber and Lyft still provide a measure of coverage.
In all of these instances, make sure you take photos of the accident scene, call 911 to request police assistance and medical aid, and report the incident on the applicable rideshare app to file a claim.
Depending on the specifics of your accident, you may also want to hold other parties at fault. For instance, if you suspect that a mechanical malfunction caused your rideshare driver to lose control and get into an accident, you may want to hold the car company liable for your injuries.
How Do You Pursue Compensation?
If you suffer injuries or property damage in an Uber or Lyft accident, you may be able to file a claim with the driver’s personal insurance, the rideshare company’s policy, or a combination of both. If the insurance payout that you receive will not sufficiently cover your injuries or damage, or if the insurance adjusters refuse to compensate you fairly, you may need to pursue a personal injury lawsuit to claim what you deserve.
Speak With the Monmouth County Uber and Lyft Car Accident Lawyers at Lombardi & Lombardi, P.A.
If you run into difficulties with insurance companies or simply need the peace of mind that a lawyer can bring, go to the Monmouth County Uber and Lyft car accident lawyers at Lombardi & Lombardi, P.A. Call us at 732-906-1500or fill out our online form for a free consultation. Our offices are located in Brick, Freehold, and Edison, New Jersey, and we serve clients throughout the state, including Point Pleasant.
Car accidents can lead to various leg injuries, ranging from mild to severe. These happen often due to the positioning of the lower body in a vehicle and the force of impact involved in collisions. These injuries often result from the lower legs being pinned, hit by loose objects, or jolted by the sudden stop of a car. Below, we explain the most common types of car accident leg injuries.
Leg Fractures
Leg fractures affect the femur, tibia, or fibula due to high-impact forces. These fractures range from minor hairline cracks to severe compound fractures, where the bone pierces the skin. Immediate medical care is often needed to set the bone, with severe cases requiring surgery to insert rods or screws.
Recovery depends on severity, with some fractures needing weeks or months of immobility, physical therapy, and monitoring. Femur fractures, in particular, are extremely painful and usually require surgery and extensive rehabilitation to restore strength and mobility.
Knee Injuries
Knee injuries are another common outcome of car accidents. The knee joint, which connects the femur to the tibia, is vulnerable to injury from sudden impact or twisting. Injuries to the knee can include ligament tears, meniscus damage, or fractures of the kneecap. Torn ligaments, such as the ACL, MCL, or PCL, can destabilize the knee and require surgery, especially in serious cases.
Meniscus injuries, which involve damage to the cartilage in the knee, may need physical therapy or surgery, depending on the extent of the tear. Knee injuries can significantly impact mobility, and recovery often involves prolonged rest and physical rehabilitation.
Soft Tissue Injuries
Soft tissue leg injuries, including sprains, strains, and contusions, are common in car accidents. Sprains involve stretching or tearing of ligaments, while strains affect muscles or tendons. Contusions, or deep bruises, can also be concerning when they deeply impact the muscles or tissues.
Although these injuries may not be as visibly severe as fractures or dislocations, they can cause significant pain, swelling, and stiffness. Recovery from soft tissue injuries can take days to weeks; in some cases, physical therapy may be required to regain full function.
Compartment Syndrome
Compartment syndrome is a serious condition that can develop after leg injuries like fractures or significant soft tissue trauma. It happens when pressure builds up within the muscles, leading to restricted blood flow and potential tissue damage. Symptoms include intense pain, swelling, and numbness; untreated compartment syndrome can cause permanent muscle and nerve damage. Immediate surgery called a fasciotomy, may be required to relieve pressure and restore normal blood flow to the affected area.
What Are the Long-Term Effects of Leg Injuries From Car Accidents?
Leg injuries from car accidents can have lasting consequences, especially if the injury is severe. Long-term effects might include chronic pain, reduced mobility, and ongoing discomfort, which can impact daily life and physical activities. Depending on the extent of the damage and the success of medical treatment, some people may experience difficulty returning to their regular routines.
Physical therapy is often recommended to address mobility issues, and in many cases, individuals may need assistive devices, such as crutches or braces, during recovery. Leg injuries may also lead to emotional impacts, as prolonged recovery periods can be mentally challenging when they involve pain and loss of mobility.
The Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A. Represent Clients With Leg Injuries From Motor Vehicle Crashes
The Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. have extensive experience helping individuals with serious injuries from automobile collisions. Call our Brick, Freehold, Point Pleasant, and Edison, New Jersey offices at 732-906-1500 or submit our online form for a free consultation. We serve clients in the surrounding areas.
Sleep apnea, a condition that affects the quality of your sleep, can cause serious consequences for drivers. Because of its impact on the quality of your rest, sleep apnea can impact your decision-making ability and alertness on the road, which endangers both you and others, possibly causing a car accident. If you suspect that you have sleep apnea, let our attorneys at Lombardi & Lombardi, P.A. guide you through your next steps.
How Does Sleep Apnea Affect Driving?
Sleep apnea repeatedly interrupts your breathing while you sleep, which impacts your sleep quality and usually results in significant daytime drowsiness. Those who deal with sleep apnea usually experience impaired concentration levels, decision-making ability, and reaction time—all of which can affect your driving. If you have a delayed response to traffic signals, sudden stops, or obstacles because of exhaustion, you significantly increase your risk of causing an accident.
Sleep apnea can also lead to micro-sleeps: brief, unintended periods of sleep that can put you and others on the road in danger, especially at high speeds or in heavy traffic.
Can Treatment for Sleep Apnea Prevent Accidents?
If you suffer from sleep apnea, we highly recommend seeking treatment: many of our clients have found that Continuous Positive Airway Pressure (CPAP) therapy helps. CPAP helps maintain open airways while you sleep, which improves your overall rest quality.
While the micro-CPAP machines on the market may seem like cheaper alternatives to traditional CPAP therapy, be careful: these devices do not stimulate extra airwave pressure like full-sized CPAP machines do, which could make them ineffective for treating your sleep apnea. If you get behind the wheel thinking that your micro-CPAP machine helped, you could put yourself in harm’s way without knowing it.
Who Is Most Affected by Sleep Apnea?
On average, our clients who are overweight, male, or over 40 generally deal with sleep apnea more. But even young drivers need to pay attention to the signs: if you have a history of snoring, gasping for air during sleep, or excessive daytime fatigue, you may have sleep apnea without knowing it.
What Should You Do if You Have Been in an Accident with a Sleep Apnea Sufferer?
If you get into an accident and suspect that sleep apnea may have played a role in causing the crash, understand that failure to manage the symptoms of sleep apnea may count as negligence. If you believe the other driver’s exhaustion caused your collision, you may have legal recourse to file an insurance claim or personal injury lawsuit to recover your associated costs.
Whether your or the other driver’s sleep apnea contributed to the accident, we highly recommend hiring a seasoned car accident lawyer in your area to help you throughout the process.
Protect Your Rights with the Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A.
Trust the Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. to advocate for you and provide you with dedicated, personalized legal assistance after your car collision, no matter the cause. We will help you deal with all the legal nuances of sleep apnea–related cases and protect your rights from start to finish. Call us at 732-906-1500or fill out our online form for a free consultation. Our Brick, Freehold, Point Pleasant, and Edison, New Jersey, offices serve car accident clients throughout New Jersey.
Car accidents are a leading cause of spinal cord injuries due to the intense force they exert on the body. These injuries can have long-term effects on mobility and sensation, making it crucial to understand the types of spinal injuries that can result from an accident. Below, we explain the most common spinal cord injuries caused by car accidents.
What Is the Difference Between Complete and Incomplete Spinal Cord Injuries?
Spinal cord injuries are classified as either complete or incomplete. A complete spinal cord injury occurs when the spinal cord is fully severed, leading to a total loss of function below the injury site. This means that the affected individual loses motor control and sensation below the point of injury, which can result in paralysis.
An incomplete spinal cord injury is characterized by partial damage to the spinal cord. In this case, some function remains below the injury site. The severity and level of function retained can vary, depending on the extent of the damage.
How Does Whiplash Impact the Spine?
Whiplash is one of the most common injuries in rear-end car accidents. It occurs when the neck is violently jerked forward and then snapped backward, causing strain on the cervical spine. Whiplash can damage the soft tissues in the neck, including muscles and ligaments, and in more severe cases, it can affect the spinal discs or even the spinal cord. Symptoms often include neck pain, stiffness, and headaches, but in some cases, whiplash can lead to chronic pain if not treated promptly.
What Is a Herniated Disc, and How Is It Caused by a Car Accident?
A herniated disc occurs when the soft inner portion of a spinal disc pushes through a tear in its outer layer. The force of a car accident can cause a herniated disc by compressing or twisting the spine. This type of injury commonly affects the lower back or neck and can result in pain, numbness, or weakness. A herniated disc can press on nearby nerves, potentially leading to more serious complications if the spinal cord is involved.
What Are Compression Fractures?
Compression fractures are small breaks in the vertebrae caused by extreme pressure on the spine, which can occur in a car accident. These fractures often affect the lower back and can result in pain, loss of height, or a hunched posture. While compression fractures are more common in older adults, younger individuals can also sustain them in high-impact crashes. Left untreated, they may lead to long-term complications, including chronic pain and spinal deformity.
What Is a Spinal Cord Contusion?
A spinal cord contusion is a bruise on the spinal cord that occurs when it is compressed or struck during an accident. Though less severe than a complete spinal cord injury, contusions can still cause pain, swelling, and temporary loss of function below the injury site. In some cases, these symptoms may resolve with proper medical treatment, while long-term complications may arise in others.
Can a Car Accident Cause Paralysis?
Paralysis is one of the most severe consequences of spinal cord injuries from a car accident. There are two types of paralysis commonly associated with spinal cord injuries: paraplegia and quadriplegia. Paraplegia involves loss of function in the lower body and typically results from injuries to the lower spinal cord. Quadriplegia, which affects all four limbs, occurs when the injury is in the upper spinal cord, especially in the cervical region. The extent of paralysis depends on the location and severity of the injury.
How Are Spinal Cord Injuries Diagnosed After a Car Accident?
Diagnosing a spinal cord injury requires a combination of physical exams and imaging tests. Doctors typically perform a neurological assessment to evaluate the patient's motor function and sensation. Imaging tests such as X-rays, MRIs, or CT scans are used to determine the exact location and extent of the injury, which is critical for developing an appropriate treatment plan.
What Treatment Options Are Available for Spinal Cord Injuries?
Treatment for spinal cord injuries often begins with immediate medical intervention to stabilize the injury and prevent further damage. Depending on the severity, treatment may include immobilization, medication to reduce swelling, or surgery to repair damage to the spinal cord. Rehabilitation, including physical therapy, is often necessary to help individuals regain mobility and independence after a spinal cord injury.
The New Jersey Car Accident Lawyers at Lombardi & Lombardi, P.A. Advocate for Spinal Cord Injury Victims
While spinal cord injuries can have long-lasting effects, timely medical care and rehabilitation offer the best chances for recovery. If you have suffered a spinal cord injury because of a car accident, you may be entitled to compensation. The New Jersey car accident lawyers at Lombardi & Lombardi, P.A. are here to help. Call us today at 732-906-1500 or fill out our online form for a free consultation. With our offices located in Brick, Freehold, Point Pleasant, and Edison, New Jersey, we proudly serve clients in the surrounding areas.
The impact and stray debris from a car accident can cause a host of injuries to both driver and passengers, and our car accident attorneys at Lombardi & Lombardi, P.A. have helped clients cover many of these via insurance claims. But out of all these injuries, permanent scarring inflicts some of the most profound physical and emotional damage to victims through lacerations, burns, and even resulting surgical procedures. Scars can irreversibly impact your appearance, mental well-being, and quality of life—so if you are dealing with scarring from a car accident, here is what you need to know.
What Types of Car Accidents Lead to Permanent Scarring?
Rear-end collisions, head-on crashes, rollovers, and other types of incidents can all lead to injuries that cause permanent scarring—and the severity of the injury usually determines the extent of the scar. Sharp objects, broken glass, or metal that cut or lacerate your skin during an accident, or burns from vehicle fires or chemical exposure, can all leave lasting marks.
And even after the initial collision, any emergency surgeries or medical procedures to repair damage can leave behind a highly visible scar—the physical pain and emotional damage from these marks have prompted many of our clients to seek compensation.
How Does Permanent Scarring Affect Your Life?
If you see the scar on your body or in the mirror every day, it could serve as an emotional and psychological trigger for any Post-Traumatic Stress Disorder (PTSD) from your accident. And even if you do not deal with PTSD, its appearance can lower your self-esteem, increase your anxiety, and contribute to long-term mental health issues like depression. Additionally, a significant scar on your hands, arms, or legs can impair your mobility, cause ongoing pain or tightness, increase sensitivity, and generally affect your ability to work or enjoy everyday activities.
You might undergo reconstructive surgery to reduce the severity of the scar, but this procedure can take a long time and cost a significant amount of money.
Can You Seek Compensation for Permanent Scars After a Car Accident?
Scarring victims can pursue an insurance claim or personal injury lawsuit to cover the associated costs from their accident; as it relates specifically to your scar, the value of your claim will depend on your injury’s severity, its location, and the degree to which it impacts your life. Visible, painful, or impactful scarring will likely result in higher amounts of compensation.
You can use the money from your claim or lawsuit to cover medical expenses related to scar revision treatments, ongoing medical care, lost wages, and emotional distress. If your injury impacts your mobility or prevents you from returning to work in your chosen profession, you can claim even more to make up for this lost income.
Seeking Justice with the Monmouth County Car Accident Lawyers at Lombardi & Lombardi, P.A.
A skilled attorney will help you file your lawsuit or insurance claim, negotiate on your behalf, advocate for your rights, and calculate exactly how much you should demand for your injury. In addition, a seasoned lawyer will treat your case with the empathy and compassion you deserve. Trust the Monmouth County car accident lawyers at Lombardi & Lombardi, P.A. to help you claim the compensation you deserve for your scarring. Call us at 732-906-1500or fill out our online form for a free consultation. Our offices in Brick, Freehold, Point Pleasant, and Edison, New Jersey serve clients throughout the state.
An expert witness provides specialized knowledge that clarifies technical details and offers opinions that can influence the outcome of a car accident case. Unlike lay witnesses, who can only testify about personal observations, expert witnesses deliver insights based on their extensive experience and training. Their role is to help the court understand intricate aspects of the accident, like vehicle dynamics, engineering principles, or medical impacts.
How Does an Expert Witness Impact the Outcome of a Car Accident Case?
The input of an expert witness can significantly affect the resolution of a car accident case. Their findings can corroborate or challenge the narratives presented by other parties, shaping legal arguments and evidence. For example, a forensic accident reconstructionist might use data and simulations to demonstrate how the accident occurred, supporting or refuting the parties' claims. Similarly, a medical professional can detail injuries and influence compensation awards for medical expenses, and pain and suffering.
What Types of Expert Witnesses Are Commonly Used in Car Accident Cases?
The types of expert witnesses used vary depending on the case. Common categories include:
Accident reconstructionists use physics and engineering principles to recreate the sequence of events.
Medical professionals assess injuries, their severity, prognosis, and treatment needs.
Automotive engineers evaluate vehicle conditions and defects contributing to the accident.
Financial experts calculate the economic impact of the accident, including lost wages and future financial needs.
How Are Expert Witnesses Selected?
Selecting the right expert witness involves evaluating their qualifications, experience, and relevance to the case. Attorneys typically seek individuals with substantial experience and a proven track record in their field. It is important that the person’s background aligns with the technical aspects of the case to provide pertinent information.
What Is the Process for Introducing an Expert Witness in Court?
First, the attorney must disclose the expert’s identity and qualifications to the opposing party through a process called "disclosure" or "discovery." The expert then prepares a report outlining their findings and opinions. The expert will testify during the trial, and their qualifications will be established through direct examination. The opposing counsel may cross-examine the expert to challenge their conclusions and credibility.
What Are the Responsibilities of an Expert Witness?
Expert witnesses must present unbiased, objective opinions based on their professional knowledge. Their duty is to assist the court by clarifying complex issues rather than advocating for one side. This involves conducting thorough analyses, providing clear explanations, and adhering to ethical standards. The goal is to offer an impartial perspective that supports justice.
What Are the Benefits of Having an Expert Witness in a Car Accident Case?
Including an expert witness can enhance the credibility of your evidence. Their detailed analyses and professional opinions can substantiate claims and clarify details, contributing to a more informed decision-making process. This can positively impact your case’s resolution.
A Knowledgeable Monmouth County Car Accident Lawyer at Lombardi & Lombardi, P.A. Will Handle Your Case
When you are involved in a car accident, the adrenaline and anxiety that sets in can make it hard to determine your next course of action. In every instance, you should always prioritize getting out of the way of further danger and then calling 911 for medical aid.
Unfortunately, many car accident victims decide against calling 911 simply because they do not see any external injuries—however, some of the most serious injuries are invisible. Concussions, for example, have the serious potential to impact the long-term mental and physical well-being of its victims.
If you have been in a collision, you need to understand the likelihood and danger of concussions—let our experienced New Jersey car accident lawyers at Lombardi & Lombardi, P.A. guide you through everything you need to know.
How Can a Car Accident Cause a Concussion?
Concussions occur when some external force—like a car accident, which causes a sudden and powerful impact—jolts the brain inside the skull. Even without a direct blow to the head, the whiplash from the collision can easily create conditions for a concussion. To prevent further complications, you need to recognize the early signs and ensure you receive the appropriate care.
What Are the Immediate Symptoms of a Concussion?
Immediately following a car accident, you may experience a headache that refuses to go away or just gets worse. You might also feel unexplainable dizziness, confusion, and disorientation—some post-accident concussed individuals have reported feeling dazed or a "foggy" sensation. In particularly acute cases, you may feel nauseous or have the urge to vomit. If you notice any of these symptoms after your collision, seek medical attention.
What Are the Delayed Symptoms of a Concussion?
Even if you do not notice any of the immediate symptoms of a concussion, some signs can manifest hours or even days after the accident. Concussed car accident victims have reported slight memory issues, difficulty concentrating, sensitivity to light and noise, or novel mood swings (such as irritability and depression). Additionally, concussions can cause sleep disturbances, including insomnia or a need to sleep more than usual. Even if the on-site medical personnel do not diagnose a concussion, you should monitor your symptoms closely in the days following your accident.
What Are the Long-Term Effects of Concussions?
If not treated early and with the proper care, your post-accident concussion can have serious long-term consequences. Victims who received inadequate treatment experienced significant memory problems, attention issues, slower information processing, mood disorders, and personality changes.
Untreated or undertreated concussive incidents have also been linked to Chronic Traumatic Encephalopathy and a heightened risk of neurodegenerative diseases such as Alzheimer's and Parkinson's.
Protect Your Health and Safety with the New Jersey Car Accident Lawyers at Lombardi & Lombardi, P.A.
When you have been in a car accident, you need to prioritize your health and well-being. Concussions can dramatically alter the course of your life. If you need to file a claim to recover compensation for your injury, contact the New Jersey car accident lawyers at Lombardi & Lombardi, P.A. We can handle the legal burdens so you can focus on your health and well-being. Call us at 732-906-1500 or fill out our online contact form for a free consultation. Our offices in Brick, Freehold, Point Pleasant, and Edison, New Jersey help car accident victims throughout New Jersey.
In litigation, the customary way of doing things often becomes the precedent for doing them, even when there is a procedural rule governing those actions that is inconsistent with, if not contradictory to, the custom. This is especially true for aspects of litigation like depositions that are generally outside of judges’ lines of sight, unless disputes arise.
Sometimes, relying on a custom that is inconsistent with a procedural rule can lead to a “no harm, no foul” situation. But that won’t always be the case, and can be especially damaging to a client’s interests when the foul might not be called until later in the litigation when the stakes are higher.
I have noticed during recent depositions that other counsel in the room seemed to have a loose grasp on New Jersey Rule of Court 4:14-3 regarding depositions, particularly objections. Perhaps that loose grasp came about by incorporating longstanding deposition practices employed by their mentors and former colleagues. Or, perhaps it was caused by a simple refusal to abide by a rule the attorneys knew well.
Whatever the reason, that loose grasp could come back to haunt those attorneys’ clients later in their matters. For that reason, I thought an overview of Rule 4:14-3 could be a helpful refresher for those attorneys whose deposition practice has strayed—perhaps unknowingly—from the letter of the rule.
Rule 4:14-3(c) permits four bases for objections
Contrary to the bases for objections that many attorneys believe are available to them, Rule 4:14-3(c) provides only four: “those addressed to the form of a question or to assert a privilege, a right to confidentiality or a limitation pursuant to a previously entered court order.” However, the rule preserves the right to object on other grounds, which “may be asserted at the time the deposition testimony is proffered at trial.”
If attorneys complied with Rule 4:14-3(c) more often, they might see their depositions end sooner. Under the rule, there is no reason to make objections outside the four listed. While many of us prefer a “belt and suspenders” approach to anything related to our clients’ matters, the New Jersey bar and the witnesses being examined during depositions would both be well-served by attorneys complying with Rule 4:14-3(c) and limiting their objections to those permitted by it.
Objecting to form? You’ll need to explain why
Rule 4:14-3(c) requires that “objection[s] to the form of a question shall include a statement by the objector as to why the form is objectionable so as to allow the interrogator to amend the question.” Thus, the rapid fire “Objection to form!” barrage that objecting attorneys often unleash during a line of questioning that’s particularly heated is improper. They should explain each objection to form. Few attorneys do.
This is an aspect of Rule 4:14-3(c) that can hurt a client’s position down the road. If an attorney objects to the form of a question but does not provide a reason the form is objectionable, they risk waiving the objection. While there may be limited instances where a waived objection to form could be problematic, the waiver could be easily prevented by the objecting attorney providing the grounds for their objection to form.
“Speaking objections” are prohibited
According to Black’s Law Dictionary, a speaking objection is “an objection that contains more information (often in the form of argument) than needed by the judge to sustain or overrule it.” A classic formulation is, “Objection. You keep asking this question in multiple ways. As my client already told you, they had their eyes on the road, both hands on the steering wheel, and were proceeding through the intersection with the right of way.”
Many jurisdictions have rules prohibiting attorneys from climbing on their soapboxes while objecting during a deposition. New Jersey is no exception. Rule 4:14-3(c) prohibits objections that are “expressed in language that suggests an answer to the deponent.” The above example objection would be prohibited by the rule. Additionally, no objection would be permitted because the appropriate objection, “asked and answered,” is not an objection to form, so it would have been preserved.
There are three situations in which a deponent need not answer
Under Rule 4:14-3(c), there are only three situations in which a deponent may choose not to answer a question. These three situations are narrow but match the three bases for objections besides objecting to form: asserting “privilege, a right to confidentiality or a limitation pursuant to a previously entered court order.” Outside of these instances, an attorney cannot instruct a witness to not answer a question.
Attorney-witness consultations are prohibited once a deposition begins
“Once the deponent has been sworn,” Rule 4:14-3(f) prohibits “communication between the deponent and counsel during the course of the deposition while testimony is being taken except with regard to the assertion of a claim of privilege, a right to confidentiality or a limitation pursuant to a previously entered court order.”
Though the “while testimony is being taken” language may suggest that this prohibition only applies when a witness is being examined, the “once the deponent has been sworn” language suggests this prohibition lasts until a deposition is adjourned, which would cover conversations during short breaks or a lunch break. The language of the rule suggests all communications are prohibited, but a reasonable interpretation and application of this rule suggests communications unrelated to the deposition would be permitted.
This rule is likely violated (knowingly or unknowingly) many times a day in depositions throughout New Jersey given clients’ penchant for asking their attorneys questions about their deposition during a break and their attorneys responding, even cursorily. However, the rule says what it says. Thus, attorneys should remind their clients of the rule’s prohibition on conversations regarding the substance of their deposition until it has been adjourned and should prepare them accordingly for the inability for them to discuss the substance of their deposition.
Rule 4:14-4 allows attorneys to take their deposition dispute to the judge
Though one would hope attorneys locked in a deposition dispute could resolve it on their own, there may be times where they must take it to the judge. Rule 4:14-4 allows a judge to halt a deposition or limit its scope and manner, “upon a showing that the examination or any part thereof is being conducted or defended [i] in bad faith or [ii] in such manner as unreasonably to annoy, embarrass or oppress the deponent or party, or [iii] in violation of R. 4:14-3(c) or (f).” The aggrieved party could seek the court’s intervention “on formal motion or telephone application.”
When an aggrieved party does so, the rule requires the deposition to be suspended “for the time necessary to make a motion or telephone application for an order.” Additionally, Rule 4:23-1(c)’s provisions regarding the award of expenses and attorneys’ fees to the successful party, whether that be the moving or the opposing party, apply. Where a motion is granted in part and denied in part, a court may apportion the expenses and fees accordingly.
Brushing up on New Jersey’s foundational deposition rules of procedure
There is no situation in which an attorney’s deep understanding of the rules of procedure will harm them or their client’s position. During depositions, knowing what Rules 4:14-3 and 4:14-4 say, no matter what customary practice opposing counsel is relying on, will put you in a better position to successfully take or defend a deposition and, hopefully, ultimately resolve your client’s matter most favorably to them.
