Choking Lawyer New Jersey

Choking Lawyer New Jersey

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 InfographicIf 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 NJ 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 New Jersey 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 New Jersey 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 in New Jersey 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 New Jersey choking lawyer and find out how we can help.

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