New Jersey Personal Injury Claims

New Jersey personal injury claims allow an injured party to receive compensation for bodily injuries and emotional pain suffered as the result of another’s negligence or wrongful act. Personal injury claims may be filed in cases of car accidents, dog bites, injuries caused by medications, slip and fall accidents, and work related injuries, medical malpractice, product liability, and wrongful death. Each type of personal injury claim differs in the amount of time a Plaintiff has to file the claim and the amount and type of damages that may be recovered.

 

Awards for damages in New Jersey personal injury claims may include reimbursement for medical bills and future lost earnings, and compensation for pain and suffering. In wrongful death claims, damages may also include funeral expenses, and compensation for the loss of the value of help with household chores, childcare, loss of companionship, and loss of advice and guidance of a parent or child. Punitive damages are damages awarded by a court against a defendant as a deterrent or punishment to redress an egregious wrong, and are not meant to compensate a Plaintiff for any loss. Punitive damages may be awarded in New Jersey personal injury claims only if the Plaintiff proves, by clear and convincing evidence, that the harm suffered was the result of the defendant's acts or omissions, and the acts or omissions were prompted by actual malice or accompanied by a wanton and willful disregard of persons who foreseeable might be harmed.

New Jersey personal injury claims must be filed within two years of the injury, or in some cases, from the date that the Plaintiff should have known about the injury. Some exceptions to this two-year statute of limitations include an injury or wrongful death arising out of the defective and unsafe condition of an improvement to real property, injuries sustained at birth, or a death resulting from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent.

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Personal Injury Attorney here:Law Offices of Jeffrey S. Hasson, P.C.320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

Personal Injury Law in New Jersey: Dog Bites

There are two basic approaches to dog bite law: ‘one bite’ and strict liability. The one bite rule comes from an old British rule that allowed an owner to evade liability for the first bite his dog inflicted. The basis of the rule is that an owner cannot know that the dog has a dangerous propensity until after it has bitten its first victim, and therefore, should not be held liable for the first bite.  Strict liability means that there is no requirement that a victim prove the dog owner was at fault for the bite or that the dog has bitten before.

New Jersey law imposes strict liability on a dog owner whose dog bites someone while loose, on public property, or while lawfully on the dog owner’s property.  A person is lawfully upon the property of an owner in New Jersey, “when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof”.  The law provides that an owner is liable regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. This means that a dog in New Jersey does not get one free bite.

There are however, exceptions to strict liability and legal defenses to dog bite claims, such as the victim was negligent, provoked or attacked the dog, or was trespassing.  In New Jersey, the dog bite law applies only to those who are “lawfully upon the property” of the dog owner, therefore, an owner may not be liable for injuries caused to a victim who is trespassing.

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Dog Bite Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

Foreseeabilty in Premises Liability

Premises liability is the area of the law which governs a property owner’s duty to third parties who enter and use the premises. Premises liability laws hold a landowner financially and legally responsible for certain injuries, which are a result of dangerous or defective conditions of the property.  Under common law, the owner is responsible for those defects or conditions of which he or she is aware, or should be aware. However, if the guest is aware of the condition or by a “reasonable use of his faculties” would observe it, the property owner is not liable because of the guest's failure to exercise due care. This means, that foreseeability is key when determining whether a property owner is liable for a guest’s injuries.

In Campbell v. Hastings, a seventy-five year old woman visited a friend's home, for the first time. She entered through the front door into a sunken foyer and proceeded to the back of the foyer and up two steps into the family room. When her visit was over, her friend took her a different way back to the sunken foyer. It was dark outside and the light in the foyer was not turned on. The property owner did not mention that there were two steps leading down to the foyer, and when the woman stepped forward, she fell into the sunken foyer.  Although the foyer contained no defect, the Court concluded that the risk of harm of the unlit foyer should have been reasonably foreseeable under the circumstances, and the property owner was held liable for the woman’s injuries.

In Parks v. Rogers, a social guest fell down a dark stairway, which contained a railing that did not ascend the entire length of the stairs. The Court concluded that the property owners, who owned the house before, during, and after the installation of the stairway, knew of the inadequate length of the handrail. Because the home-owners knew, or had reason to know, of the defective handrail and failed to provide lighting or a warning, they could be found liable for the injuries to their guest.

The New Jersey Courts have stated that a home-owner has a duty to warn the “unwary social guest” of any condition of the premises that the home-owner knows, or has reason to know, creates an unreasonable risk of injury. The foreseeability of a risk is a frequently litigated issue in premises liability cases, however, and is not always easily determined. Many times, expert witness testimony is used to establish that a risk was a foreseeable one from which the home-owner should have protected his or her guest. If you have been injured, an experienced premises liability attorney can help you determine if another party may be responsible for your injures.

For further details visit New Jersey Personal Injury Attorney,or wants an appointment contact Bergen County NJ Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C.

320 Cedar Lane Teaneck, NJ 07666

Call us today!
(201) 530-6272 

New Jersey Personal Injury Law: Contributory Negligence

Contributory negligence is a term often used in personal injury cases to indicate that the Plaintiff contributed to their injury through their own negligence. In New Jersey, contributory negligence does not exclude a Plaintiff from recovering damages from a negligent Defendant, so long as the Plaintiff’s negligence was not greater than the negligence of the person or persons against whom recovery is sought. However, any recovery will be reduced by the percentage sustained of negligence attributable to the Plaintiff. For instance, if a Plaintiff crossed a road in the middle, instead of at the designated crossing point, and did so without first looking, and a Defendant who was talking on his or her cell phone, hit them, causing injury, the Plaintiff might be found to be forty percent (40%) at fault and the Defendant sixty percent (60%). In this case, any judgement the Plaintiff would be entitled to, will be reduced by forty percent (40%).  If there is more than one Defendant, the Plaintiff’s negligence cannot equal more than the combined negligence of all of the Defendants.

Pursuant to N.J.S.A. 2A:15-5.3, when contributory negligence is used as a defense to a personal injury suit in New Jersey, the jury must make the following as findings of fact:

(1) The amount of damages which would be recoverable by the injured party regardless of any consideration of negligence or fault, that is, the full value of the injured party's damages.

(2) The extent, in the form of a percentage, of each party's negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the total of all percentages of negligence or fault of all the parties to a suit shall be 100%.

If a party is determined to be sixty percent (60%) or more at fault, the Plaintiff may recover from them the entire amount of damages. Otherwise, he may only recover the percentage of damages attributable to that Defendant.

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Product Liability Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

Attorney in New Jersey

According to the National Safety Council, more than 25 million Americans suffered disabling accident related injuries in 2008, with the total cost of the injuries exceeding $700 billion. When someone other than the injured party causes an accident resulting in injury, a personal injury attorney in New Jersey can help the injured party determine if they have a personal injury claim against those who contributed to causing the injury. Successful claims can help an injured party recover medical expenses, lost wages, and compensation for their pain and suffering.

 

The first task of an attorney in New Jersey in a potential personal injury claim is to determine if someone else may be liable for the injury, and who that may be. Liability stems from a duty of care one person owes to another. Driving a vehicle on public roads, owning a dog or other animal that may cause injury to another, practicing medicine, and many other common activities create a duty to others to avoid causing or contributing to foreseeable injuries. An injury is considered foreseeable if a reasonable person knew, or should have known, that the activity they were engaging in created a substantial risk of injury to others. Running a red light, for example, creates a foreseeable, substantial risk of crashing into another vehicle and injuring its passengers.

Once is has been decided that another party has contributed to an injury, it is necessary to determine whether the injured party contributed to their own injury, and if so, to what extent. Under New Jersey law, one is only liable for injury caused to another according to the percentage of fault assigned to them, and a Plaintiff may not recover should it be determined that they were at least 51% at fault for their own injury. This concept is called contributory negligence. In New Jersey, a judge or jury in a personal injury claim will assign a percentage of fault to all parties involved in the action, and each Defendant will be held liable only for the percentage of fault assigned to them.

 

If a Plaintiff is successful in their personal injury claim, they may be able to recover for medical expenses, past and future lost wages, and pain and suffering. A personal injury attorney in New Jersey can help you determine if you have a personal injury claim, who you have a claim against, and what damages you might recover in a successful suit.

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Criminal Defense Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666
 Call us today! (201) 530-6272

Adoptee Birth Certificate Bill conditionally vetoed by Governor Christie

June 28, 2011, Trenton- Governor Christie agreed last Thursday that adoptees should be able to obtain their original birth certificates, but insisted that birth mothers be given the opportunity to preserve their anonymity. Christie conditionally vetoed a bill which would have allowed adoptees to see their original birth certificates, saying that he believed additional safeguards were needed in order to balance a birth parents right to privacy with an adopted adult’s need to know the identity of their biological parents.

 

 Christie proposed changes to the bill, which include confidentially intermediary assistance from an adoption agency for adoptees who are searching for their birth parents. The bill would release an original birth certificate only after a one-year long ‘diligent’ search. Biological parents who are found, but want no contact with the adoptee, would be asked for a complete medical history, but would not be required to provide one.

Marie Tasy, of New Jersey Right to Life, said the governor’s proposal contained the right balance of interests, providing the ability to obtain an original birth certificate when all parties consented, and allowing adoptees to obtain medical history information, while respecting the privacy of birth parents. 

Democrats, who supported the bill, expressed disappointment, saying they were unsure whether they would accept Christie’s changes and make them law. Lawmakers do not have enough votes to override Christie. The current law will remain in effect if no action is taken. Sen. Joseph Vitale (D-Middlesex), a sponsor of the bill said, "I believe the governor took a very thoughtful approach. We just disagree on what he thinks is balanced.”

 

Vitale says that Christie’s proposed changes to the bill will cause those adopted after the law’s enactment to fare the worst. Birth parents will be required to fill out a form, at the time of adoption, saying whether they want future contact with the child, and under what circumstances, but there is no requirement that they provide medical information, and no way for adoptees to obtain it, if the birth parent does not cooperate.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

Personal Injury Law in NJ: Uninsured Vehicles

On August 24, 2006, Denise Perrelli and her friend, Geovanni Velverde, were driving south on the Garden State Parkway in New Jersey in Perrelli's uninsured vehicle, when they were involved in an accident with Bridget and Paul Pastorelle. Velverde, who was driving, was killed and Perrelli sustained serious physical and psychological injuries, including a fractured right arm and fractured fingers. In August, 2008, Perrelli filed a personal injury suit against Bridget and Paul Pastorelle, claiming that her injuries were caused by their negligence.

 

The Pastorelles filed a motion to dismiss Perrelli’s suit, arguing that New Jersey law barred her from recovering because her vehicle was uninsured. Perrelli maintained that New Jersey law clearly barred the operator of an uninsured motor vehicle from recovering in a personal injury action, but since she was the passenger in the vehicle, and not the operator, she should be allowed to recover.

The code in question is N.J.S.A. 39:6A-4.5, which reads, in relevant part:

Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by section 4 of P.L. 1972, c. 70 (C. 39:6A-4), section 4 of P.L. 1998, c. 21 (C. 39:6A-3.1) or section 45 of P.L. 2003, c. 89 (C. 39:6A-3.3) shall have no cause of action for recovery of economic or non-economic loss sustained as a result of an accident while operating an uninsured automobile.

 

The case went to the New Jersey Supreme Court, and on June 1, 2011 it issued its opinion, agreeing with the Pastorelles, and ruling that N.J.S.A. 39:6A-4.5 barred a person who was injured while a passenger in his or her own uninsured automobile from pursuing a personal injury action to recover economic and non-economic damages for those injuries.

Source: Perrelli v. Pastorelle, 204 N.J. 33, 6 A.3d 438

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact New Jersey Accident Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666
Call us today! (201) 530-6272

New Jersey Auto Accidents and the Right to Sue

When purchasing a standard insurance policy in New Jersey, a motorist must make a choice concerning the rights he or she will have to sue a driver causing an accident in which the policyholder suffers injury. A basic policy includes a limited right to sue option.

Right to Sue Option

Under the No Limitation on Lawsuit Option, a policyholder retains the right to sue the motorist who caused an auto accident for pain and suffering for any injury.

Limited Right to Sue Option

Under the Limitation on Lawsuit Option, a policyholder agrees not to sue the motorist who caused an auto accident for pain and suffering unless he or she sustains one of the permanent injuries listed below:

(Choosing this option does not affect your ability to sue for economic damages such as medical expenses and lost wages.)

• Loss of a body part
• Significant disfigurement or significant scarring
• A displaced fracture
• Loss of a fetus
• Permanent injury (Any injury shall be considered permanent when the body part or organ has not healed to its normal level of functioning and will not heal to such level with further medical treatment based on objective medical proof.)
• Death

Both the unlimited right to sue and the limited right to sue options only cover lawsuits for pain and suffering and/or non-economic losses. Your medical expenses and some economic losses for will be paid up to the limits of your PIP coverage and are not affected by the choice you make concerning your right to sue.

Source:

http://www.state.nj.us/dobi/division_consumers/pdf/autoguide02.pdf

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact New Jersey Accident Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272