For anyone who may have lost a son or daughter or a parent due to the negligence of another, an important piece of legislation was released from the Senate Judiciary Committee today.  The Senate Judiciary Committee had a meeting on Monday, December 10, 2007, to consider Senate Bill S-176, the bill that amends the New Jersey Wrongful Death Statute to permit recovery for emotional damages. The Bill was voted out of committee today on a 7-4 vote, and now will go to the legislators in a lame duck year.

Currently, New Jersey law does not allow wives, husbands, children or parents to recover compensation for the emotional suffering they endured as a result of the wrongful death of a loved one.  Incredibly, New Jersey law limits family members to compensation only for the economic impact that the death has on the family.  The current Wrongful Death statute severely limits the recovery available to family members when a loved one is killed as a result of the wrongful act of another.  Under present law in a wrongful death action, damages are recoverable for economic loss only, whether by income or services, but none for emotional losses. * (Information obtained from NJ-ATLA)

S-176 is designed to validate the loss of a loved one through the civil justice system.  In today’s society, no longer can the death of a close family member be measured solely on the basis of economic contribution to the family.  New Jersey law must reflect that the lives of those persons interrupted due to the negligence of another cannot simply be defined by their pecuniary loss.

Please, if you know someone who has lost a love one, have him or her contact their respective legislators and urge them to pass this bill.  The current law places a minimal value on the life of a child or an elderly person, as the law only allows for the loss of financial benfit to the family.  A child, unless working, which raises other issues, or someone who has lived beyond the insurance statistics, have very little economic loss, and thus, in the legal realm, have little value.  This legislation would allow the grieving parents or children to gain some peace from a negligent party.  We here at DeMasi & Williams urge everyone to support this act.

With the holidays just around the corner, we tend to think of turkey, families, presents, and yes, if you file for divorce now, you will not have to by your spouse a gift for Christmas.  Divorce rates have been on the rise for the last ten years and with the legislation changes in New Jersey, it is now possible to be divorced without having to list a number of extreme cruelty allegations or be separated for 18 months.  In addition, more and more people are coming to the realization that when a marriage is over, there does not have to be the historical fighting between the two parties in order to dissolve the marriage.

In New Jersey, the Court’s now require that all parties be made aware of the ability to have their matter heard by a certified mediator.  The hope is that the mediator can bring the parties to a quicker and less costly resolution.  This involves both parties paying for the mediator, typically between $300- $350 and hour, and sitting down to discuss their respective positions.  If no agreement can be reached, you still have the right to bring the matter to court.

This approach does have its benefits, however, many times the parties can come to an agreement between themselves.  I recommend to clients that are amicable in their separation that they meet in a public place away from the kids and families and friends and discuss their divorce.  If you can sit down and divide your assets, you avoid having a judge or a master make that determination for you.  A property settlement agreement can be created and in New Jersey, if the moon and the sun are in alignment, you could be divorced within a week or so.  In Pennsylvania, you do have a 90-day cooling off period, but if your are in agreement, your divorce can be done without a court appearance.  Again, this does not work for all divorces, but the majority can be worked out.  By agreeing on the division of assets, pensions, alimony, etc, you are saving thousands of dollars in legal fees.  I would be happy to sit down with you (only one person, I cannot meet with both parties) and explain further how you too can have a Merry Holiday. 

  In Pennsylvania, the cost of divorce may soon go up.  There is currently legislation pending, Senate Bill 1041 that if passed, would provide for a sales tax on all legal services. (To Read the Bill, go to

http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2007&sind=0&body=S&type=B&BN=1041) 

This would include criminal, real estate and other legal services provided.  Imagine, you just were divorced, found not guilty, buy a home, or successfully defend a lawsuit, you receive your final bill from your attorney and notice that a sales tax have been added.  This could become quite costly and prevent many people from being able to seek legal help.  The purpose of an attorney is to protect your legal rights, not to collect sales tax for the Commonwealth.  To prevent this oppressive tax, unless you feel you need to pay more money to the Commonwealth, contact your local representative and tell them to vote NO.  The current version excludes Medical services, but could include accounting services, and other professional services, perhaps funeral services?  Of course, you can still enjoy the tax-free purchase of your casket.  Who says you can’t take it with you!

Have a good and safe Turkey day and enjoy the rest of the year’s festivities.  And remember, if you ever have a legal need; please feel free to contact our office.  We provide a free initial consultation.

Chad Williams

Summer is here!

While our thoughts are now about picnics and parties, swimming and playing in the outdoors, there is still some important work going on in the legislation that could well affect you and your family.

Currently, if you were to lose a loved one due the negligence of a third party, say a drunk driver or a landlord who did not feel it was necessary to repair that railing, you may be surprised and even shocked to learn that the law in the State of New Jersey currently prohibits the family of a loved one who died due to another's negligence to collect damages for grief.  It is hard to understand, that in a state that claims to be on the cutting edge of the law, why the state has failed to correct this obvious injustice to it residents.  A competent experienced lawyer will look to various ways to obtain fair compensation despite this law.  Some ways to handle this situation is to bring a pain and suffering claim for the pain suffered before the person died as a result of the accident, or establishing "loss of companionship, guidance and services" damages which are recoverable in New Jersey in a wrongful death action.  In addition, currently there are issues as to which members of the family recovers in a wrongful death action or how proceeds are to be distributed among various dependants.

In an effort to correct some of these errors, there is currently pending before the New Jersey Legislature, a bill that would allow for the claim of emotional grief for parents who lose a child and for children who lose a parent as a result of someone’s negligence.  The bill can be found at www.njleg.state.nj.us and type in the bill number A1511. 

This summer, while you are sitting out in the lawn by the swimming pool, or while walking along the boardwalk, look at your children or parents, or even your grandparents and ask yourself are they only worth an economic value that an economist determines by a formula?  Or do they have more value than that.  Please, I encourage all to contact their respective State Senators and Assemblypersons and urge them to pass this bill to correct a blatant injustice!

Please remember, while it is legal in Pennsylvania for New Jersey residents to purchase fireworks, it is not legal for New Jersey residents to posses them in the State of New Jersey nor light them in the Commonwealth of Pennsylvania. If caught, the fines are hefty and there is a possibility of visiting the local County Correctional facility to sample their cuisine for the weekend.    

Have a happy and safe 4^th of July.

Chad R. Williams, Esq.

With the Memorial Day Weekend around the corner, we will get our first chance to get to that yard work we have been putting off and start the grill for that all important holiday picnic.  Keep in mind that when you are out and about, not all of drivers on the road will have refrained from consuming their favorite alcoholic beverage before getting behind the wheel.

If you are unfortunate enough to meet one of these drivers and are involved in an automobile accident, there are a few things that you need to remember:

1.         Call the police and report the accident.  Both Pennsylvania and New Jersey require that you notify the police of an auto accident, especially one that involves injuries.

2.         Take Photographs.  You should always carry a disposable camera in your car for this purpose.  Lets face it, an auto accident is not an “If” occurrence, it is a ‘When” occurrence.

3.         Seek Medical Treatment immediately if you are injured.  Many injuries do not manifest themselves until the next day.  Do not wait until it gets “really bad”.  You may miss the opportunity to have your injuries covered by your Auto Insurance.  For further information, contact the office of DeMasi and Williams.

4.         Write down as much information as you can at the accident scene and the following day.  As time goes on, your memory may start to fade.

5.         Call your insurance agent and report the accident.  You have a policy of health insurance under your car insurance called First Party Benefits or Personal Injury Protection.  Your medical bills from a car accident are paid by YOUR insurance, not the other persons.  This will not cause your rates to rise.

6.         Call DeMasi and Williams, and schedule an appointment to discuss your next step.  Often times you will receive phone calls from various agents and others seeking information about the accident.  Only provide a statement to the police and to your own insurance company.  You are not required to speak to the other driver’s insurance company.

Hope this helps and have a safe and enjoyable Holiday!

Chad Williams 

P.S.

If you see a member of our Armed Forces this weekend or a Veteran, make sure you tell them thank you for their service to our country and for protecting our freedom!

For History on Memorial Day go to http://www.history.com/minisites/memorial/