Why hire Hudson County personal injury attorneys?

Personal injury cases are abundant now a day and people from all spheres of life are experiencing troubles. Having to work in such challenging environments where every person is running after time, people are getting more prone to get hurt. This is the reason why despite the availability of so many services and technologies, we still hear cases of people getting hurt in roads and their offices. While accidents and personal injuries are unstoppable and it is simply not possible to stop the consequences, the best we can do to help ourselves and our families is to file a law suit for a person injury case and it is the Hudson County personal injury attorneys, who can actually help people get their message conveyed to the court of law and secure the compensation that they deserve. Mentioned below are some of the benefits of hiring a personal injury attorney in Hudson County.

File lawsuit

Filing a law suit in a court of law is not at all an easy task and it is simply not possible for the victim or the family of the victim to take an onus of filing a lawsuit upon them in such a situation. It is in such a case that Hudson County personal injury attorneys can extend their help to the victim and his or her family by filing the case in the court of law on their behalf and doing the required things to initiate and continue the law suit. Since the task is not easy and desirable, the attorney being a regular in court of laws can easily take the case to the court and also save the client from the hassles of attending a court.

Successfully handle a case

While personal injury cases seem like these are pretty straight forward and any person who will go about and complain in the court of law will win a compensation amount for the damage that has been caused to them, these cases are not at all that easy and may even end up making the complainant pay compensation for marring the name of the person against whom the charges have been filed. It is therefore extremely important for the complainant to hire Hudson County personal injury attorneys and frame the case in such a manner so that the actual case can be put forward the court of law and win it. Many a times, courts do not agree to provide the compensation to the complainant and demand string proofs that the damage that has been inflicted upon them is actually caused by the person upon whom the charges are framed. Hudson County personal injury attorneys are experts in handling such cases as these people know how to put forward facts and present those to the court in order to make those count and to win the case.

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

Call us today! (201) 530-6272

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Accidents - Types That Fall Under Personal Injury New Jersey Cases

All about personal injury New Jersey accident claims

It is due to the tremendous popularity of personal injury New Jersey cases that more and more people are showing interest to gain knowledge about these cases, so that they can too stay away from the dangers of these life threatening occurrences. However; it is also important to know about personal injuries first, prior to gaining information about personal injury accident claims. Failing which, the person will most likely fail to understand whether they are at all eligible for these types of cases and even if they are, what exactly is their position and chances of winning the case.

What is a personal injury case?

A personal injury New Jersey case is a type of legal case where in a person who has met with an accident caused due to some other person and has been injured mentally or physically due to the accident. These types of accidents may be either intentional or unintentional and may be caused either by a single person, a group of people or some organization. Ranging from meeting with an accident in work place to facing a road accident, every types of accidents which occur as a result of other peoples’ negligence are covered by personal injury New Jersey accident claims.

However, the amount that is settled upon for a particular case may vary, depending on the level of harm that has been caused and the type of personal injury that has been inflicted.

Common types of personal injury claims

The three most common instances in which people claim compensation for the lost they incurred are medical malpractices, road or vehicle accidents and work place accidents.

Medical malpractices

Medical malpractices are used to refer to incidences in which a person is met with a physical or mental loss due to the negligence or inadequacy of the health care practitioner or the health care institute in which the procedure or treatment has been conducted. Some of the most common incidences in which medical practices are brought under the scrutiny or trial are wronged death or wronged physical or mental injuries, wrong prescription of medications, negligence in treatment etc. Personal injury New Jersey claims can be successfully filed against these cases.

Road or vehicle accidents

This is in fact one of the most common types of reasons that stir personal injury New Jersey claims. This reason generally deals with incidences like death, any mental or physical injury like amputation etc that are inflicted by ill-maintained vehicles and negligent vehicle owners and the driver. For instance, a driver who has caused an accident due to overloading the vehicle despite being aware of the load limitations is a case of intentional negligent personal injury New Jersey case. 

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

Call us today! (201) 530-6272 

NJ Personal Injury Lawyer

A NJ personal injury lawyer is an attorney who represents New Jersey residents who have been physically or psychologically injured as a result of another’s negligence or intentional wrongdoing.  A NJ personal injury lawyer has been admitted to the practice of law in New Jersey by the New Jersey Bar Association, and has chosen to practice in the area of personal injury. Just as all attorneys, personal injury lawyers must follow certain professional and ethical rules in the course of their practice.

 

Personal injury attorneys represent individuals who have been injured in car accidents, been bitten by domestic animals, suffered a slip and fall or workplace injury, been harmed due to medical malpractice or defective products, and who have suffered from many other types of personal injuries. They may practice in other areas of the law, or limit their practice only to personal injury. By limiting their practice to one or two areas of the law, NJ personal injury lawyers may be better able to acquire specialized knowledge and experience.

A NJ personal injury lawyer has obtained a bachelor degree from an accredited college or university, and a law degree from an accredited law school. They have passed the New Jersey bar examination, or another state’s bar exam, and they complete a certain number of continuing legal education (CLE) classes each year. Once an attorney has been admitted to the practice of law, they may accept any type of case they choose, regardless of the amount of experience they have with that particular area of the law. An inexperienced attorney is required by ethical rules, however, to enlist the appropriate help, or take the time to learn the issues so that they may competently represent their client.

 

The New Jersey Rules of Professional Conduct adopted by the Supreme Court of New Jersey, govern all attorneys who are licensed and practicing in the state. A NJ personal injury lawyer must abide by these rules or face discipline, ranging from admonition to disbarment. Some examples of conduct which may be cause of discipline include continuous failure to respond to your attempts at communication, inform you of your Court hearings, or appear in Court, advising a client to lie, or lying in the court of the case themselves, and representing both parties to a case without consent from each party. Disputes concerning fees, however, are not generally a basis for discipline, and the New Jersey Courts’ rules require that fee disputes be pursued with the district fee arbitration committee before ethics committees can consider them.

 For further details visit New Jersey Personal Injury Attorney or wants an appointment contact 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 

Medical Malpractice Statute of Limitations

The New Jersey medical malpractice statute of limitations puts a two-year time limit on a Plaintiff to file a medical malpractice claim. Generally, the statute begins to run on the date the Plaintiff incurs the injury. However, the Supreme Court of New Jersey has adopted a discovery rule, which provides that the cause of action does not accrue until the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered, that he or she may have a basis for an actionable claim. This standard is objective and therefore the cause of dispute concerning the medical malpractice statute of limitations.

In Guichardo v. Delisi, 796 A.2d 891, (2002 N.J. Super.), the Supreme Court of New Jersey ruled that because of a Plaintiff patient's reasonable reliance on the expert advice of three doctors, before her consultation with a fourth doctor, as well as the absence of undue prejudice to the potentially liable doctor, the discovery rule applied, and Plaintiff’s claim against the doctor should not be dismissed as time barred.

In Caravaggio v. D'Agostini, M.D., 765 A.2d 182, (2001 N.J. Super.), the New Jersey Supreme Court found that the discovery rule applied to Plaintiff’s medical malpractice complaint against a third party, as Plaintiff knew of an injury that was the fault of another, but was reasonably unaware that a third party may also have been responsible. It held that an action did not accrue against the third party until the Plaintiff had evidence revealing their possible complicity.

The purpose of the medical malpractice statute of limitations is to force a Plaintiff to file their claim within a reasonable amount of time in order to allow a Defendant a fair opportunity to defend the suit. Therefore, not every belated discovery of an injury justifies application of the discovery rule. The crucial issue, in determining whether to apply the rule, is whether the facts would have alerted a reasonable person exercising ordinary diligence that he or she was injured due to the fault of another. 

Sources:

Cited cases

Szczuvelek v. Harborside Healthcare, 845 A.2d 137, (2004 N.J. Super.)

 For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Medical Malpractice Lawyer 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

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