New Jersey Personal Injury Lawyers
1 (855) 432-2489

Category - Personal Injury

I was the Passenger in a Car Crash. Can I Make a Claim?

I was the Passenger in a Car Crash. Can I Make a Claim?

As the passenger of a car accident, you are usually not held liable for the car crash. You may have an easier case than a driver or another type of personal injury litigant. Generally, as a passenger, you do not need to prove any liability when filing a claim. This makes it easier to file the legal documents, and to receive compensation. Dealing with injury claims and accidents can get overwhelming and confusing. As a lawyer who wants to help those involved in car injuries, I am here to help. Check out the information below to learn more about filing a claim, as a passenger in a car accident. Filing the Claim Filing a passenger injury claim essentially involves a similar method to filing any other type of car accident claim. The only difference is that as a passenger, you have the ability to make the claim against both of the drivers, if the accident involved two vehicles. It is important that you get insurance details from both of the drivers, and file the claim against each driver’s insurance company. Yet, there are exceptions. For example, if the accident gained no-fault status, you should go ahead and file a Personal Injury Protection (PIP), or no fault claim against the driver, relative to your medical bills and lost earnings. Multiple Passenger Injury Claim One potential issue with passenger injury cases is when you are not the only passenger. Say you are involved in a car accident, with two other passengers. If all three of you file against the negligent driver, it may exceed the amount that his insurance can cover....
Keep Your Kids Safe from These Top Childhood Accidents

Keep Your Kids Safe from These Top Childhood Accidents

An estimated 9.2 million children go to the emergency room every year due to an unintentional injury. As a NJ injury lawyer, I want to help you understand the accidents that are most likely to harm your children. Falls Falls are by far the most common cause of accidents in the home. By some measures, they account for 44% of all accidents. While a fall onto a carpet may not be so bad, falling down the stairs could lead to broken bones. Additionally, falling onto hard concrete or from a bed could lead to serious injury. If your children are very young, you can put a safety gate at the top of the stairs. Teaching your children to clean up after themselves is very important. It teaches them diligence and hygiene, but it also eliminates things they can trip over. Making sure your carpet does not have any tufts or holes in it may also help keep your kids safe from falls. Burns Every single day, more than 300 children go to the emergency room because they have been burned. Little kids are more likely to be burned by hot liquids or steam, and older children are more likely to be burned by direct contact with fire. Children’s skin is much more sensitive than adults’. An adult may be able to handle a hot drink or a hot bath, but a child will be more sensitive to that. If the water is too hot for you, it is definitely too hot for your child. When the drink or the bath water tests your pain tolerance, it is definitely too...
What is Wrongful Death and What Do I Need to Prove?

What is Wrongful Death and What Do I Need to Prove?

Wrongful death statutes were created so that widows and orphans could ask for financial support from the offending party. This is because in the past, only the victim could file a complaint. In cases where that person dies, the claim dies with the plaintiff. What is Wrongful Death? When a person dies due to the negligence or misconduct of another, the surviving family or heirs may sue for “wrongful death” and ask for compensation for pain and suffering, lost financial support, funeral expenses, and other damages. Although wrongful death statutes vary from state to state, all lawsuits are civil in nature. Because they are not criminal cases, the required burden of proof is lower. A criminal case must establish guilt beyond reasonable doubt but a civil case only requires a preponderance of the evidence. Who Can Sue for Wrongful Death? Every state has a set of wrongful death statutes which establishes the procedures for wrongful death claims. In general, those who can sue for wrongful death include: A surviving spouse Immediate family members Children Parents A personal representative of the estate of the deceased Wrongful Death Lawsuits after a Criminal Trial Most wrongful death lawsuits are filed after a criminal trial. Although similar evidence is presented, there is a lower standard of proof in wrongful death suits. Someone found liable for wrongful death may or may not be convicted criminally. Elements of a Wrongful Death Lawsuit A wrongful death cause of action must have the following elements present: The death of a human being Another person’s negligence or intent to cause harm is the proximate cause of the death...
Keep Safe in Holiday Traffic with These 7 Tips

Keep Safe in Holiday Traffic with These 7 Tips

Every single year, the number of deaths in the US spikes around Thanksgiving. The death rate remains fairly high throughout the winter. While some of these deaths can be attributed to coronary issues, many are due to traffic accidents. As a car accident attorney, I want you to stay safe over the holidays. Accelerate and Decelerate Slowly Applying the gas slowly is one of the best ways to gain traction and avoid skids. It takes more time to stop when the roads are icy, so you should take your time to slow down for a stop sign or a red light. Do not hurry, or you will hurry on the way to the hospital. Avoid Hills if You Can Going up or down a hill presents a massive challenge when the roads are snowy. When you press the accelerator while going up a hill, you may just be spinning your wheels. If you can, try to build up some momentum before getting onto the hill. On the descent, remember that it takes longer to come to a complete stop. Apply the brakes before you think you need to. Give Other Drives Space Chances are, not every driver is as careful as you are. Turning, stopping, and speeding up are all far more difficult when conditions are poor. Other drivers do not always understand that, and may do something unexpected to compensate for a bad decision they made. Carry Emergency Supplies There are a few items that every car should have: Tow and tire chains Antifreeze Small folding shovel Basic tool kit Warning flares Road salt All of these can...
What is Personal Injury Law?

What is Personal Injury Law?

Victims of personal injury cases can get just economic and non-economic compensation as provided for by personal injury law. Personal injury law deals with cases that involve victims of accidents or intentional wrongs. The usual goal in this type of lawsuit is compensation whether it is economic (damages, lost wages), non-economic (rehabilitation, household help) or both.  However, in some situations, a punitive outcome such as possible jail time may be reached. What are the causes of personal injury? Anything that causes injury to a person as a result of the action of another can be a basis for the victim to file a personal injury lawsuit. The most common include the following: Negligence – This is the usual reason behind injuries caused by vehicular accidents or medical practice. Liability – Manufacturers of a certain product that causes harm to a consumer can also be brought to task through the personal injury law. The same goes with toxic exposure from industries situated near communities and injuries from faulty construction. Social wrong – Victims of bullying or preferential treatment because of race or gender, among others, can also file a personal injury lawsuit.   Intentional wrong – This pertains to any voluntary act that injures another person.   When does a victim need a lawyer? Victims can opt for a legal remedy especially in the following situations: Medical malpractice – Anyone who has experienced negligent or incompetent health care services needs a legal representative to get the most of his/her claim. Permanent disability – This covers appearance and physical abilities. A lawyer helps in figuring out the terms of compensation that...
Wrongful Death Lawsuit vs Survivor Action

Wrongful Death Lawsuit vs Survivor Action

No amount of money can compensate for the death of a loved one, and nothing is more painful than losing a loved one because of another person’s negligence. If you know someone, or you yourself have lost someone due to another’s negligence, you might have heard of the concept of a wrongful death lawsuit. There is also a type of case called survival action. These two actions are statutory and strictly governed by state law. Although they have the same premise, these two actions have major differences and we are here to help you decide which course to follow. What is wrongful death lawsuit? Wrongful death describes the death of a person caused by negligence or recklessness of another person or people. A wrongful death lawsuit is filed by immediate family members to seek compensation for emotional and financial damages resulting from their loved one’s wrongful death. In order to have a strong case of wrongful death, there are four elements that the surviving family of the victim needs to prove.   Negligence   The ones filing the lawsuit must prove that the victim’s death was caused by the defending party’s negligence in part or in whole.   Breach of duty   It must be proved that the defendant has a duty to the deceased victim. Take, for example, medical health providers. They have a duty to exhaust all efforts in maintaining a patient’s health. It is the responsibility of the plaintiff to establish that the defendant owed a duty to the victim and the breach of this duty caused the wrongful death.   Causation   Apart from proving...
New Jersey Personal Injury Attorney