Dennis S. Brotman, Partner

Dennis Brotman is a prominent personal injury trial lawyer in New Jersey, emphasizing:

Brain Injury

Traumatic Brain Injury is known as the silent epidemic. Each year, over one million Americans suffer traumatic brain injury. When brain injury results due to negligent actions of another person or entity, the challenges faced by the victim are complex, confusing and difficult. Often the brain injured person does not recognize aspects of his or her own condition as related to the trauma that caused it.

When the injury is obvious and severe with skull fracture or coma, the family members acting on behalf of the victim need advice on how to identify sources of benefits, treatment and assistance. Insurance benefits that should be readily available can be difficult to access, just when they are needed most. Once brain injury is diagnosed, it can become clear that a long road lies ahead and vast resources will be needed to compensate for the medical needs, the life care needs, and the economic losses.

When the Traumatic Brain Injury is classified as a Mild Traumatic Brain Injury, the consequences can be profound, but the credibility of the claim is not always readily apparent. Guidance is needed to navigate a health care system and an insurance gauntlet that is not always responsive to the needs of the brain injured. The person with newly acquired cognitive deficits often lacks the insight and judgment necessary to advocate for his or her own needs. Problems and deficits often develop on a delayed basis, confusing family members, co-workers and the brain injured person.

Subtle conditions that accompany more obvious problems such as head pain do not draw attention until the primary complaints are addressed. Nevertheless, conditions diagnosed on a delayed basis such as auditory processing disorders, vestibular injury with imbalance and vertigo, loss of field of vision, seizure disorder, mood disorder and loss of executive function can wreck havoc with quality of life and with a livelihood.

It is imperative to have representation by people who are conversant with brain injuries and the permanent impairments that accompany them. It is vitally important for the representative of the brain injured to champion his/her cause and to sensitively understand the problems of the brain injured person with following advice and instructions.

If you suffer a traumatic brain injury, you need a Brain Injury Lawyer.

Product Liability

An unsafe product can result in tragedy. When a consumer buys a product in a store or over the internet, the product should be safe when it is used as intended. When a toy is purchased for a child, the parent should be able to trust the store and the manufacturer to expect the product to not harm the child when used properly. When a worker operates a machine in the workplace, life and limb should not be at stake from ordinary operation of the machine. When equipment is purchased to use in the home, permanent, disabling injury should not result from using the product.

A claim arising from the failure of a product or from its unexpected dangerous properties requires knowledge and sophistication on the part of the law firm advancing the claim. Sophistication, experience and know how are required to succeed with a claim based upon unsafe design of a product or upon inadequate warnings or instructions. We believe in acting promptly to take on the corporate entities that ordinarily are responsible for manufacture, distribution or sale of a defective, dangerous product. We know the best experts to employ to evaluate and document the claim. We apply the resources necessary to win claims that are vigorously defended.

When you are injured and suffer economic loss due to an unsafe product, you need a products liability lawyer.

Construction Accidents

Construction workers are entitled to a safe workplace under New Jersey laws. When someone is seriously injured on a construction site, a workers’ compensation claim often is inadequate to fully compensate an individual for the harm that has been suffered. Many times an injured person is not confined to a workers’ compensation claim but may have the right to seek a recovery from a general contractor, landowner or other person or company responsible for a negligent condition or construction practice that led to the accident.

When a serious injury strikes, it is important to know your rights. Prompt, skillful medical care must be available. The ability to investigate and document the cause of the accident is imperative. The ability to understand the safety standards that must be exercised at a construction site by the various entities who enter and work there is necessary to be able to identify the financially responsible party and gather the necessary proof to prove fault.

Construction sites are dangerous places requiring constant vigilance by a general contractor and all who perform work at the site or plan the construction. The equipment, products and supplies used at the site must also meet industry and governmental standards. Hazards associated with construction worksites include lack of adequate fall protection, exposure to electrocution, tripping hazards, impacts from mechanical or other dropped objects, improper equipment operation by others, exposure to gases and toxic contaminants, and welding, cutting and brazing accidents. Injury can not only threaten a career and the earning capacity of the worker, thus jeopardizing an entire family, but can also require long-term medical care and associated expenses.

If you or a loved one is injured in a construction accident, you need a lawyer experienced with and knowledgeable about construction practices and standards and who has the resources to investigate and prove the liability of a person or entity with financial assets that can respond to a claim. You need a lawyer who will fight for your rights and be prepared to win a favorable verdict and recovery in court.

You need a lawyer who will employ an effective strategy to win the award you deserve, while demonstrating compassion towards your needs. You need a construction accident lawyer.

Workplace Accidents

The Occupational Safety and Health Act of 1970 and New Jersey law require safe work environments for New Jersey's workers, including factory workers, industrial workers, assembly line workers, office workers and anyone who works with machinery.

Workers’ compensation claims often fall short of providing a full recovery to injured workers, while claims can be advanced against persons or entities responsible for the injury other than the worker's employer, such as the manufacturer of a machine that is a hazard due to poor design. Tripping hazards or unsafe conditions can be created by a third party, such as a landlord to a building or an outside maintenance company, or an outside contractor may create a hazard.

Serious injuries, such as amputations, head injuries, mechanical injuries, fractures and crippling injuries, can occur in the workplace. Death can also occur in the workplace due to actionable negligence.

When trauma strikes in the workplace and interferes with your life or the life of a loved one, you need a lawyer who can analyze and investigate the facts to determine if there is a party other than the employer that is responsible, and whether the injury occurred due to unsafe working conditions. You need a lawyer who will be prepared to document and prove the full extent of your harms and losses. You need a workplace accident lawyer.

Truck Accidents

Trucks are very dangerous machines which account for a very disproportionate number of deaths on the highways in comparison to their overall numbers. The trucking industry has reporting requirements. Logs are kept which record vehicle inspections, mileage, and hours of operation. Driver fatigue is a predominant cause of accidents. When a semi or big rig is traveling down a highway, it poses grave danger if it is not under proper control simply due to its size and weight. Placement of mirrors on the vehicle is critical to the visibility of other vehicles on the highway to the operator of a truck. Loads must be weighed and loaded properly for stability.

If you are injured in a truck accident, you need a lawyer familiar with the standards of the trucking industry and the methods of proper accident reconstruction. You also need a lawyer who can locate and identify the proper financially responsible parties who own the truck, the trailer, or who authorized the operation of the truck. You need a truck accident lawyer.

Motorcycle Accidents

Motorcyclists enjoy the freedom of the roadways, but not the attention and courtesy of other motorists. Motorcyclists often do not benefit from the same level of insurance protection afforded automobile users. Special challenges are presented to a lawyer representing a motorcyclist who has been injured through no fault of his or her own. Bias in the courtroom in reaction to motorcyclists is a genuine factor in every case, which requires strategizing to overcome and avoid that bias in order to achieve a fair result.

If you are injured as a motorcyclist, you need a motorcycle accident lawyer.

Reflex Sympathetic Dystrophy

Traumatic injury can result in a painful, frightening progressive neurological condition known as Reflex Sympathetic Dystrophy. This condition often develops unexpectedly, on a delayed basis, following trauma. It is frightening to the injured person and to his or her loved ones. It is little understood by the general public and even many health care providers. This condition is also known as Complex Regional Pain Syndrome.

The sufferer is often accused unfairly of exaggeration or dramatization of symptoms. However, the condition is all too real and involves intense pain, with burning, hypersensitivity to touch, temperature changes of parts of the body that are affected, mottling of the skin, and trophic changes of the skin. The pain presents a serious challenge to the injured person to deal with depression and mood changes that often accompany the condition.

A person who has suffered a traumatic injury due to negligence and who develops Reflex Sympathetic Dystrophy needs a lawyer who understands the devastation associated with the condition and who knows how to document its existence and its consequences.

We believe in helping our clients find the best sources of help to treat and deal with the awful impact of post traumatic conditions that are disabling and challenging. If you have suffered Reflex Sympathetic Dystrophy due to the wrongful acts of another person, you need a Reflex Sympathetic Dystrophy lawyer.

Industrial Machine Injury

When a factory worker loses a finger or a hand in a press, although it is a tragedy for the person and his or her family, unfortunately, it is not a rare occurrence within the industry. The relief available through the Workers' Compensation system is limited and can be shocking to the injured worker. However, a lawsuit often can be filed against the manufacturer of the machine or another company, under a theory of products liability.

Other dangerous machinery are also held to published standards and injuries can be the basis for a lawsuit to recover funds to pay for treatment options, equipment necessary to compensate for disability, and for loss of earning capacity.

The design, maintenance and operation of industrial machinery must meet engineering, legal and industry standards. The Occupational Safety and Health Act of 1970 protects people in the workplace and provides for investigation of fatal accidents and accidents involving serious injury. Often, the results of the investigation can be useful in a private lawsuit.

If you are injured due to the operation of an industrial machine, you need a lawyer who not only understands your injuries and the impact of those injuries upon your life, but who is also familiar with the standards for design, maintenance and operation of the machinery. You need industrial machinery injury lawyers.

Third-Party Recoveries: Work Place Injuries

When someone is injured in the course of employment, the first claim typically advanced is a workers' compensation claim, but that claim usually does not come close to being fair compensation for a serious injury.

When an injured employee consults with a "workers' compensation" lawyer, the analysis of the right to sue a third-party may be incomplete or flawed. The injured worker is usually barred from filing suit against the employer or a co-worker unless there is intentional conduct because of immunity under the law that restricts a worker to bringing workers' compensation petition as the only claim available. If the analysis of the rights of the worker stops there when there has been a serious injury, justice often is not achieved.

Industrial accidents involving machinery can be the fault of poorly designed equipment or poorly maintained equipment or a result of inadequate warnings and instructions regarding use of the equipment. In such cases, the worker may have a valuable claim against a manufacturer or distributor of the machine or equipment that has been overlooked. A close inspection of the scene of the accident and the equipment involved can often disclose a source of recovery for the injured worker far in excess of any recovery available in workers' compensation court. The worker or employee should receive advice from an experienced lawyer familiar with products liability claims who can determine if more can be done than a workers' compensation claim.

Devastating injuries can occur at a construction site where heavy equipment is being used, proper safety regulations and practices must be enforced,and careful training and warnings are provided. A worker for one contractor can be exposed to a hazard due to the actions of a different contractor or to unsafe workplace practices allowed to be in place by a general contractor or the landowner. In such instances, careful review by someone other than a lawyer looking only at the workers' compensation claim should be performed. That type of analysis often requires experience and sophistication in analyzing and investigating the workplace accident.

Even in an office environment, a third-party claim can be overlooked. Hazards at premises rented by an employer can be the responsibility of a landlord or a security company. Faulty conditions present at a building can involve third parties with assets that can compensate the claim in a more complete manner than can be done through the workers' compensation system.

The employee or worker is not the only one with an interest in ensuring that a right to a third-party claim is not overlooked. Claims adjusters for workers' compensation insurance carriers may believe that a third-party claim has been overlooked or deserves further investigation. The claims adjuster has a responsibility to determine if a subrogation claim can be advanced to recover benefits paid out, which can rise to levels of hundreds of thousands or millions of dollars that the workers' compensation insurance carrier has a right to recover from the negligent party or the negligent party's insurance carrier. In such instances, it is appropriate for the claimant to be directed to a knowledgeable attorney well-versed in third-party recoveries.

Our group of lawyers has vast experience and success in investigating overlooked third-party claims and achieving a third-party recovery that provides much greater compensation to the injured person and results in a subrogation recovery for the workers' compensation carrier.

If you suffer serious injury in the workplace that devastates your life and leaves you inadequately compensated through workers' compensation, consider consulting a third-party recovery lawyer.