PERSONAL INJURY LAWYER NJ 856-685-3820
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Personal injury lawyers handle cases where someone was injured or died
because of the negligence of another person. Negligence is conduct that
falls below the established standards of behavior set forth by statutes
for the protection of others against unreasonable risk of harm. For example,
motor vehicle statutes provide a standard of conduct, a violation of which
could be evidence of negligence.
Phillips v. Scrimente, 66
N.J. Super. 157 (App. Div 1961). Under the New Jersey Motor Vehicle Act (NJMVA), the
driver of a motor vehicle owes the duty of care, precaution and vigilance
to others that a reasonably prudent person would exercise under similar
The NJMVA requires motor vehicle drives to exercise reasonable care in
the operation and control of their vehicles. Failure to exercise reasonable
care could be negligence. Additionally, the NJMVA establishes the rights,
duties, and obligations of pedestrians.
N.J.S.A. 39:4-32-39:4-37.1. Just like motorists, pedestrians are also expected
to exercise a duty of care that a reasonably prudent person would exercise
in the same or similar circumstances. The pedestrian's failure to
act with reasonable care can be evidence of negligence.
If you were injured in a motor vehicle accident, it is important to retain
a lawyer as soon as possible for a number of reasons. First, you would
not have to worry about dealing with insurance companies. You will be
able to concentrate on getting the medical treatment you require while
your lawyer will conduct an investigation as to the cause and responsible
parties for the accident. Second, your lawyer will gather important evidence
including but not limited to witnesses' statements, accident reports,
accident reconstruction reports, photographs, etc. Finally, retaining
a lawyer is likely to result in a better settlement/verdict outcome (compared
to a settlement procured by a self-represented litigant).
Premises liability cases are another example of cases where someone was
injured or died because of the negligence of another person. Just like
motor vehicle drivers, property or landowners have various duties including
but not limited to: duty to inspect the property, duty to maintain the
property, duty to repair the property, duty to warn of dangerous conditions
on the property. The property owner's duty of care often depends on
the relationship between the property owner and the injured party. In
order to determine the level of care owed by the property owner, New Jersey
law requires courts inquire as to the status of the injured person. Generally,
the injured person falls within one of the following categories: invitees,
licensees, or trespassers. In addition to the injured person's status,
courts also look at the overall circumstances surrounding the accident
that caused the injuries.
An invitee is a person who is invited upon the property as a member of
the public for a purpose for which the land is held open to the public.
Restatement (Second) of Torts §332. For example, if you are in a
furniture store, you are considered an invitee because your visit to the
store can confer an economic benefit to the store owner.
A licensee is a person who is on the property to convey some benefit upon
the landowner other than purely economic benefit (a social guest). Restatement
(Second) of Torts §330. Finally, a trespasser us a person who enters
or remains on someone's property without the permission/or consent
of the property owner. See Restatement (Second) of Torts §329.
Therefore, if you suffered injuries on another person's property, you
may have a premises liability claim. A premises liability attorney will
be able to ascertain your status as an invitee, licensee or a trespasser
and the corresponding duty of care owed to you by the property owner.
Once, the attorney establishes the duty of care, he/she will investigate
whether there was a breach of that duty of care and whether your injuries
arose as a result of the property owner's breach of his duty of care.
Premises liability cases are complex due to the different duty of care
owed to different categories of people. Also, it is important to determine
whether the property in question is a residential or commercial in nature.
If you were injured while being on the property of another, retain a lawyer
as soon as possible.
If you or a loved one was injured, you may have multiple claims against
multiple parties. These claims may include but are not limited to claims
for negligence, wrongful death, survivorship claims, etc. Generally, claims
for wrongful death may be asserted by the representative of the decedent
(either the executor or administrator). You may have claims against defendants
who were not directly involved in the accident. For example, if a company
employee caused a motor vehicle accident and you were injured because
of the employee's negligence, you are likely to have a claim not only
against the employee but against the company as well if the employee was
acting in the scope of his employment at the time of the accident.
In addition to claims against individuals and private companies, you may
have claims against a government or publicly owned entity. If one of the
negligent parties is a government entity, you must comply with the New
Jersey Torts Claim Act (NJTCA). The NJTCA requires that Plaintiffs provide
notice of claim to the public entity within 90 days of the incident that
caused the injuries or death.
N.J.S.A. 59:1-1 et seq. The 90-day timeframe for notices of claim is strictly enforced
and failure to submit such a notice to the public entity may preclude
the Plaintiff from filing a lawsuit. Additionally, claims are subject
to statute of limitations and failure to comply with these statutes may
result in the "dismissal with prejudice" of the plaintiff's
complaint. Retaining a personal injury lawyer as soon as possible is crucial
due to the complexity and time sensitive nature of personal injury claims.