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Volume XII · Kirsch, Stone & Morgan Newark, New Jersey · Est. 1955

KSM Law
Review

As seen in the New Jersey Law Journal · Legal Insights · Trial Strategy · Injury Law
The KSM Legal Bulletin
Insights on injury law, client rights, and legal strategy from our attorneys
Published by Kirsch, Stone & Morgan · Newark, NJ
As seen in
Cover Story · July 2024

Creative Lawyering to Maximize Your Recovery

Often, in cases with catastrophic injuries, the primary tortfeasors are underinsured. In those cases, do not settle for inadequate policy limits without exploring all possible avenues for recovery. Sometimes, additional causes of action — which are not readily apparent — can significantly increase the value of your case.

Creative lawyering means looking beyond the obvious defendant. Ask: who else had a duty of care? Was there a property owner, an employer, a manufacturer, or a municipality whose negligence contributed to the harm? Each additional party may carry their own insurance policy — and their own exposure.

The seriously injured deserve maximum compensation. That means our job is never done at the first settlement offer. We exhaust every theory, every defendant, every avenue, until we are confident the client has received everything the law allows.

“Do not settle for inadequate policy limits without exploring all possible avenues for recovery.”
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Our Results
$90M
Largest individual PI settlement offer in New Jersey history. Verizon utility pole case.
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Personal Injury
Six Flags Sued for Injuries on Kingda Ka
A physician claimed he was injured on Six Flag’s Kingda Ka. Despite a waiver, the claim alleges Six Flags failed to warn tall riders of specific dangers — raising key questions about negligence and assumption of risk.
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Client Guidance
Should I Go to the Doctor After an Accident?
Many people ask: “I feel fine, do I really need to see a doctor?” The short answer is yes. Medical attention protects both your health and your ability to pursue a claim. Delays can be used against you.
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Legal Concepts
What Is Duty of Care and Why Does It Matter?
Accidents are inevitable, but many are preventable. Duty of care is the legal requirement that you act reasonably to avoid harming others — and when it’s violated, liability follows.
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Maritime / Civil Law
Death on the High Seas: Is OceanGate Liable?
After the OceanGate submarine tragedy, the question arose: can waivers bar all liability? Our analysis of Death on the High Seas Act and the limits of liability waivers in extreme circumstances.
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Workers' Comp
Is NJ Workers' Compensation Law Etched in Stone?
An argument for updating the 1911 schedule of disabilities with a modern wage-loss system. The Hammurabi Code is older — but perhaps not by much. Jay Bernstein makes the case for reform.
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Client Guidance
Hidden Injuries After an Auto Accident
Auto accidents cause a variety of injuries — some subtle, requiring in-depth evaluation. Learn the most commonly overlooked injuries after a collision and why early diagnosis is critical to your claim.
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No-Fault Law
What Is a No-Fault State? New Jersey Explained
When lawyers say New Jersey is a no-fault state, they mean PIP insurance covers your injuries first — regardless of who caused the accident. Here’s what that means for your claim and your rights.
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Drowsy Driving
Liability for Drowsy Driving: What the Law Says
The CDC believes drowsy driving has similar effects to drunk driving. How do New Jersey courts treat fatigue-related accidents, and what does it mean for your injury claim?
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After an Accident
What to Do Immediately After a Car Accident
Getting into an accident may feel overwhelming. These simple, critical steps — taken immediately — protect your safety, your rights, and your ability to recover maximum compensation.
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