Choking Lawyer New Jersey

Choking Lawyer

Choking Lawyer New Jersey

The skilled NJ choking lawyers from Davis & Brusca, LLC have years of legal experience assisting clients who have suffered an injury or lost a loved one due to choking. If this has happened to you, call and get legal help from our dedicated team.  

Choking Lawyer in New Jersey

Davis & Brusca, LLC know what it takes to recover compensation for personal injury victims. Trust our highly awarded and distinguished lawyers to get the financial compensation your family deserves. Schedule a consultation today and find out what we can do for you. 

Signs of Choking

Did you know that the elderly are among the most at-risk for a choking event? As experienced choking lawyers in NJ, we can attest to the importance of prompt and proactive action when it comes to choking. Choking generally occurs when a person attempts to swallow an excessive amount of food or food which is inadequately broken down by chewing. Seniors frequently have impairment of their swallowing ability, requiring them to have smaller bites and/or textural modifications in order to remain safe. If your elderly loved one chokes in a nursing home, odds are they were either given the wrong food, were improperly supervised while eating, or were fed by a careless or improperly trained person. If this has happened in your family, call Davis & Brusca today.
We can help.

Common signs and symptoms of choking include:

4 Common Ways Choking Happens

Choking is a serious health issue that must be responded to immediately. If a  conscious adult or child is choking, the airway is probably blocked. A small toy, food, or fluids can get stuck in the throat and cause swelling. Some of the most common ways that choking happens are listed as follows:

  1. Trying to chew and swallow pieces of food that are too large
  2. Failing to wear dentures while eating
  3. Eating while laughing or talking excitedly
  4. Eating too quickly

Signs of Choking Infographic

If you are near someone who is choking, or if you suspect they are, take immediate action. Call 911 and render assistance, such as with the Heimlich maneuver. Prompt action can be the difference between life and death. 

Scenarios That Can Result in Choking 

There are over 5,000 choking deaths that occur every year in the United States. It is common among children and elderly individuals, but anyone can be a victim of choking. People who have respiratory issues are also vulnerable to choking. There are many causes of choking, ranging from food to small toys or other products. A choking incident can happen when you least expect it, so it’s important to understand the leading causes of choking and how to prevent it. 

Certain foods pose a stronger choking risk, especially for small infants and children. Children should be supervised at all times while they are eating. Some of the foods most commonly associated with choking include candy, chewing gum, hot dogs, and grapes. Such foods should be eaten slowly and chewed fully. A drink of water can also help the food pass safely down the esophagus to the stomach. 

Legal Assistance is Available

If you or your loved one suffered harm due to choking caused by another’s negligence, you may be eligible for compensation. This is particularly true if the choking occurred in a nursing home and involved a person who was “at risk” for choking. If this happened to you or your loved one, call Davis & Brusca. Our top choking lawyers can review your case and help hold the responsible party liable.

The law limits the time you have to take legal action, so call a choking lawyer from Davis & Brusca, LLC today for urgent legal help. 

How Serious are Choking Charges in New Jersey?

Although a person can suffer a choking episode due to some of the scenarios described above, they can also be a victim of a choking assault by another party. Choking, or strangling, is one of the most frequent – and dangerous – forms of domestic violence that takes place. The act has become such a significant issue, that last year, New Jersey lawmakers passed a law that increases the classification of the crime, as well as increases the penalties if convicted. The following is a brief overview of the law, however, if you have been a victim, contact a choking lawyer for legal assistance.

What Is Domestic Violence Strangulation?

Domestic violence strangulation is one of the most deadly acts an abuser can inflict on their victim. It takes only seconds of a small amount of pressure around a victim’s neck to cause them to lose consciousness and just a minute for that victim to die. Many victims who do survive being choked or strangled end up suffering long-term and even life-threatening injuries.

Multiple studies have shown that the act of strangling in domestic violence is one of the strongest predictors of that victim becoming a murder victim in the future. Statistics show that a domestic violence victim who survives being strangled is seven times more likely to be murdered by his or her abuser than a domestic violence victim who has not been strangled.

Strangulation Charge – Now a Second-Degree Crime in New Jersey

In 2017, the state’s aggravated assault statute was amended to specifically criminalize strangulation that occurred in a domestic violence situation. Strangulation was defined as knowingly or recklessly obstructing the blood circulation or breathing of an individual by applying pressure to their throat or neck or blocking their nose or mouth during a domestic violence incident. The new law deemed strangulation as a third-degree crime that carried a penalty of up to five years in prison and/or a $15,000 fine if convicted.

Unfortunately, as a choking lawyer knows, incidents of domestic violence continue to rise. For example, in just one New Jersey county, one in six domestic violence criminal cases in 2021 were strangled. It is likely that number is much higher because many incidents of domestic violence are never reported to police.

Last year, in an effort to stop domestic violence murders, a new law was passed that now makes domestic violence strangulation a second-degree crime, carrying a prison sentence of up to ten years in prison and/or a fine of up to $150,000.

Contact Our Office for Today

If you have been a victim of domestic violence strangulation – or any type of choking assault – you may be able to pursue legal action against the perpetrator. This is separate from any criminal charges your abuser may be facing. Call Davis & Brusca, LLC to schedule a free and confidential consultation with a dedicated choking lawyer and find out how we can help.

Choking Lawyer New Jersey

Choking is a terrifying experience and if you have a child you may know all too well why you need to reach out to a choking lawyer. Children tend to be highly curious and inquisitive and often test out foreign objects with all five senses. It’s when they put items into their mouth that they run the risk of choking.

According to a study conducted by the Consumer Product Safety Commission (CPSC), choking on children’s toys and other children’s products is one of the leading causes of death among young children. If your child has suffered a choking injury as a result of someone’s negligence or defective toy or product, then it is often in your best interest to reach out to a lawyer today.

Who is Legally Liability For Children’s Choking Injuries? 

Any individual or entity entrusted with the responsibility of caring for a child may be legally liable for the injuries sustained from a child choking on an item that they were granted access to as a result of the individual’s or entity’s negligence. In some cases, the manufacturer of a product, as well as anyone in the chain of distribution, may also be held liable for the child choking injury if the product is determined to be defective. 

Product Liability 

A product can be found effective in its design or if the manufacturer fails to warn consumers of the product’s dangers. When such a defect is determined to have been the cause of a child’s choking injury then the manufacturer may be found liable for the injuries sustained by the child. It is also possible that the people involved in the product distribution may also be found liable in the product liability action for the injuries of the child. 

There have been many actions brought against toy manufacturers as well as manufacturers of products not intended for child’s use. An example of this is the manufacture of small button batteries. These batteries pose extreme and devastating hazards to children who may swallow or choke on such battery. The company may be liable if the packaging was defective and is found to have been inadequate to prevent young children from gaining access to the batteries.

Negligence Actions for Children’s Choking Injuries 

When you trust someone to take care of your child you are assuming that they will exercise reasonable care for the safety and well-being of your child while in their care. For example, if a daycare supervisor or other adult allows the child to gain access to toy other item that results in the choking entry for child they could be held liable for negligence because they were not supervising the child as closely as possible. 

If you have a child that has suffered from a choking injury then you have the right to reach out to a choking lawyer to help you get compensation you deserve. Reach out to Davis & Brusca, LLC to schedule a free and confidential consultation to help you get back on your feet. 

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