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Archive for September, 2014

Drug Laws in NJ: Negligent Service of Alcohol

September 29, 2014 Leave a comment

The New Jersey legislature recognizes the difficulty that alcoholic beverage servers face when attempting to obtain liability insurance, due to a lack of availability and the increased costs. It realizes that this not only adversely effects the servers themselves, but patrons and third parties who suffer personal injury and property damage as the result of negligent service of alcohol by alcoholic beverage servers. In order to make it more economically feasible for insurance companies to provide liability insurance to alcoholic beverage servers at a reasonable cost, the legislature enacted the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act.

The Act can be found in N.J.S.A. 2A:22A-1 to -7, and allows recovery for damages resulting from the service of alcohol to a visibly intoxicated person. Laws such as this are commonly known as Dram Shop laws, and apply to taverns, liquor stores, and commercial establishments where alcohol is sold. In New Jersey, a person who sustains personal injury or property damage as the result of the negligent service of alcoholic beverages by a licensed alcoholic beverage server may recover damages from the server if the negligent service was the proximate cause of the injury or damage and was a foreseeable consequent of the negligent service. Negligent service is defined as serving a visibly intoxicated person, or serving a minor, under circumstances where the server knew, or reasonably should have known, that the person served was a minor.

In a recent case, the Supreme Court of New Jersey held that an injured motorcycle rider who was charged with, and pled guilty to, driving while intoxicated, was not barred from bring a Dram Shop claim against the restaurant he alleged negligently served him alcohol and therefore contributed to the accident in which he was injured. The restaurant argued that New Jersey law prohibits a Plaintiff who is found guilty of driving while intoxicated to recover for economic and noneconomic losses as the result of an accident. The Court however, found that while N.J.S.A. 39:6A-4.5(b) barred the right to sue for insurance coverage, it did not prevent an injured party convicted of driving while intoxicated from bringing a Dram Shop claim. The Court declared that there is no incompatibility between the two provisions. It further stated, “An intoxicated person is deterred from driving drunk by losing the right to sue for insurance coverage for his injuries. On the other hand, permitting an injured drunk driver to file an action against a liquor establishment and its servers for serving a visibly intoxicated patron similarly advances the goal of deterring drunk driving.” Voss v. Tranquilino, 992 A.2d 829, (2010 N.J. Super).

 Source: LexisNexis, codes and case cited in article

I have been serving Law Offices of Jeffrey S. Hasson, P.C. since an year and I must suggest you that If you have any question regarding to Criminal Defense then visit Criminal Law New Jersey or contact NJ Drug Defense Lawyer here: 320 Cedar Lane Teaneck, NJ 07666.

Call today! (201) 530-6272

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Expungement of criminal records in New Jersey

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Personal Injury in NJ: Negligence

September 25, 2014 Leave a comment

Personal injury claims are tort claims based on the negligence of the other party. Negligence has been the standard of civil liability in accident cases for approximately 150 years, and is defined as the failure to exercise the care of an ordinarily prudent and careful man. A negligence claim has four elements, or things that must be proven in order to win the claim: duty, breach, causation, and foreseeability.

Elements of Negligence

In order to be successful in a personal injury claim, one must first prove that the defendant owed them a duty of care. Many things we do in our everyday lives create a duty to those around us to protect them from any foreseeable harm our actions may cause. Things such as owning a dog, driving a car on public roads, and owning a home all create a duty of care to others. Once it has been established that a defendant owed a plaintiff a duty of care, one must prove that the defendant breached that duty. A person breaches their duty of care if they knowingly expose another to a substantial risk of harm. A defendant, who fails to realize the risk his actions create, when a reasonable person would have realized the risk, has also breached his duty. After establishing a breach of duty, one must prove that the breach caused their injury. In the U.S., causation is established when one can prove that an event sufficiently related to a legally recognizable injury to be held the cause of that injury, this is called proximate cause. Once causation has been proven, the plaintiff must prove that the injury he suffered was a reasonably foreseeable consequence of the defendant’s action or inaction. For example, it is foreseeable if you allow your dog to roam loose, he will bite someone, or if you run a red light, you will crash into another driver and injure him or her.

Damages in Negligence Claims

After proving a negligence claim, a plaintiff will have to prove the amount of their damages. Damages in a negligence claim are compensation for the plaintiff’s losses, and are meant to return them to the state they were in before the accident. Punitive damages, are not compensatory, and therefore, not available in negligence claims. Punitive damages are only available in cases of willful misconduct, such as accidents caused by a drunk driver.

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

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New Jersey Personal Injury Law: Contributory & Comparative Negligence

New Jersey Personal Injury Law: Contributory & Comparative Negligence

September 24, 2014 Leave a comment

Contributory negligence is a term often used in personal injury cases to indicate that the Plaintiff contributed to their injury, to some extent, 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, and comparative negligence is used in order to determine damages. N.J.S.A. § 2A:15-5.1. Comparative negligence reduces any recovery by the percentage 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 judgment 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:15-5.2, when comparative 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%.

Under the New Jersey Joint Tortfeasor Act, 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. However, in the event a party is required to pay more than his share of the award, he or she may seek contribution from the Defendants for the excess over his or her pro rata share.  N.J.S.A. 2A:53A-3.

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

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New Jersey Personal Injury Law: Contributory Negligence

What makes hiring a Charlotte DWI lawyer essential?

September 18, 2014 Leave a comment

Charlotte is a state in North Carolina, which is extremely strict about its rules and regulations, including its traffic laws and especially, its DWI law. DWI is a traffic crime that is taken in very high esteem in North Carolina, as this is probably the only driving crime so dangerous after rash or reckless driving and can also lead to someone’s death or personal injury. Hence, in order to minimize the other associated occurrences, the government and the law enforcement officials often slam serious charges against the convict and the convict often ends up paying hefty fines, losing his or her driver license and sometimes even staying a term in jail. Hence; in order to minimize the intensity of the punishments and penalties, it is inevitable to hire a Charlotte DWI lawyer. There are many other reasons which make hiring a lawyer for fighting a DWI case, some of which are mentioned below.

Advice

Handling a legal case no matter how lenient or serious it is not at all a joke and a simple task. A person not aware of the laws and its loopholes can easily get hooked up upon saying or doing anything improper or wrong upon being slammed with charges. Similar is the case with DWI charges as well. A person trying to escape the police or putting forward some improper sentence on being interrogated, may ultimately end up screwing up the case more. It is only a Charlotte DWI lawyer who can help in such an instance and guide the convict in the right direction with proper advice. It is simply impossible to survive the law without an experienced and skilled DWI lawyer.

Proving innocent

The only way to prove a person innocent in a DWI case is to collect evidences of a person’s BAC level. While a person may be genuinely guilty of driving while being impaired, the Charlotte DWI lawyer can easily negotiate the BAC level of the person with the court and get it reduced to a level where the punishments won’t be that serious. Hiring a lawyer is also very essential for convicts who are not at all guilty of the crime and want to contest it.

Negotiate penalty

Last but not the least; a Charlotte DWI lawyer is also essential for negotiating the punishments and penalties with the court of law, so as to help the client by minimizing the intensity of the penalties.

For further details visit Charlotte Criminal Lawyer or wants an appointment contact Charlotte NC DUI Lawyer here: 118 South Colonial Ave. Charlotte, North Carolina 28207
Phone: 704-754-8098

To Read More about Dui/Dwi Lawyer Click:
Tips to hire a Dui/Dwi lawyer in New Jersey

Types of Medical Malpractice that are personal injury New Jersey cases

September 15, 2014 Leave a comment

While accidents which happen due to the negligence of others at work place are generally categorized as personal injury New Jersey cases, the medical negligence and malpractices which are inflicted medically to a victim are also categorized as personal injury cases. When inflicted intentionally or unintentionally, inadequacy in following the proper and required medical steps to treat the affected person are categorized as medical malpractices, which in turn are categorized under personal injury New Jersey cases. For instance, a blood donation camp organized by a certain company may encourage its employees to participate. However; if an accident or physical damages happens to a participating employee due to the inadequate and improper medical measures taken at the blood donation camp, it is categorized as a case of personal injury New Jersey due to medical malpractices.

Errors in surgery

This is one of the gravest medical malpractices that often make people suffer due to the negligencies of the health care practitioner. A serious medical malpractice like this often results in the person suffering a huge loss either mentally, physically or monetarily. For instance, if a person diagnosed with a health condition is not treated appropriately which may have resulted in death or any other types of physical or mental harm of the person, the case is included in the case of a personal injury, wherein the responsible party is made to compensate for the damage either by helping the victimized person with monetary help or by remaining in judicial custody.

Wrongful death

This is a yet again clause for personal injury New Jersey case, wherein a person or a patient could have easily got treated or cured after the surgery or medical procedure, but has ultimately met death due to negligence of the health care practitioner or the other staffs of the health care facility. It is in these cases, that a lawsuit is filed against the responsible person, under the clause of personal injury inflicted due to medical reasons or medical malpractices. These complaints can often end up the responsible or accused person in custody.

Wrong prescription

Medical malpractice cases involving prescription of wrong medications and dosages are pretty now-a-days and often result in causing death or inflicting other physical or mental damage to the person. These cases are also categorized under personal injury New Jersey cases and can be therefore filed a lawsuit for. For example, people who have developed a certain health condition like a certain organ damage due to a certain medication or food supplement can file a case for the physical damage they have suffered for using the particular product or medicine.

For further details visit New Jersey Personal Injury Lawyer 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

To Read More about Personal Injury Click:
Why hire Hudson County personal injury attorneys?

Fines and penalties for drunk driving in New Jersey

September 11, 2014 Leave a comment

Drunk driving is considered as a very serious offense in New Jersey. While there is obviously and estimate of how much a person can drink to keep his BAC or Blood Alcohol Concentration below 0.8 to avoid arrest, it is extremely difficult to make an assumption. Hence, it is generally recommended to refrain from drinking alcohol or taking other sorts of drugs before driving in the state of New Jersey. Moreover, despite the fact that a first time offender has to pay lesser fines and face penalties of low severity, getting booked for this crime in New Jersey is equivalent to losing one’s freedom, respect, dignity and future for the rest of his or her life. Explained below are the possible fines and penalties that are applied for offenders of drunk driving according to the criminal law New Jersey.

 Although drunk driving was never considered as a very serious offense in New Jersey previously, the subsequent serious crimes that occurred as a result of drunk driving made the law authorities take this violation as a serious crime. The penalties and punishments offered for drunk driving today, vary depending on whether the person is a first time, second time or a third time offender and the levels of alcohol concentration found in his or her blood while driving.

First time offender with BAC of .08 or below .10:

This is the offense for which the most lenient of punishments are used. The first time offenders of drunk driving according to the criminal law New Jersey are penalized by seizing their driving license for 3 months. They are also made to pay a fine of $250 to $400, apart from paying other compensations like $200 for DWI Enforcement Fund, $75 for Safe Neighborhood Fund, $50 for Violent Crime Compensation Board Fund, $150 for IDRC, $200 for New Jersey MVC Restoration Charges and $33 for Court Charges. The offender is also made to stay in jail for a maximum of 30 days and in Intoxicated Driver Resource Center for at least 12 hours to a maximum of 48 hours.

First time offender with BAC of .10:

A fine of $300 to $500, suspension of driver’s license for 7 months to 1 year and an imprisonment of not more than 30 days is charged to a first time offender having a BAC level at or above .10, according to criminal law New Jersey.

Second time offender:

Fine of $500 to $1000 for 3 years, other additional fines, license suspension for 2 years, imprisonment for maximum 90 days and community service for 30 days is applied for a second time offender.

Third time offender:

The third time offender is made to remain in imprisonment for a maximum of 180 days and is made to pay a penalty of $1000 for three years and other fines. His or her driver’s license is also suspended for ten years.

For Further details Visit: Middlesex County Traffic Violations Lawyer or if you want an appointment contact Drunk Driving Lawyer Monmouth County here:  The Law Office of Marc B. Schram, P.C. Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730.

Phone: (732) 888.4400

To Read More about Traffic Violations Click:
Speeding in New Jersey

How to select from Monmouth County DWI attorneys?

September 8, 2014 1 comment

DWI or “Driving While Impaired” is a serious traffic crime and is taken into higher seriousness in Monmouth County, North Carolina. While DWI is considered as a very serious criminal offense in every part and state of the United States, North Carolina has a well-defined and sprawled out set of rules and regulations and set of punishments for DWI. While DWI penalties can vary depending on the person’s age involved in the crime, his or her BAC (Blood Alcohol Concentration) and other related criterion, these cases often become extremely serious and may even completely change the life of a person forever. This is the reason why every convict of DWI case, whether guilty or not should appoint a DWI attorney to handle his or her case without delaying the matter. However; choosing a DWI attorney among the thousands of Monmouth County DWI attorneys working in the field is not an easy task and the client must seek certain aspects in the attorney before choosing one. Mentioned below are some of the ways in which a good DWI attorney in Monmouth County can be chosen.

Consultation:

The first and foremost factor that should influence the determination process of choosing a Monmouth County DWI attorney is whether the attorney is providing a free initial consultation or not. Monmouth County DWI attorneys should be the ones who should be considered. This is because; an attorney who demands money for initial consultation can be worried only about the money and may not handle the case very nicely or carefully. However; attorneys who offer free initial consultation, are the ones who are really worried about the case and are interested to fight it genuinely.

Specialization:

While there are many Monmouth County DWI attorneys practicing in the field, it is always recommended to opt for an attorney who is specialized in the field and is mostly dealing with DWI cases. This is because, every DWI case is not the same and an attorney who deals with only DWI case will definitely have more experience and expertise in the subject matter than an attorney who handles other types of cases as well. Moreover, attorneys who solely handle DWI cases will be able to provide better suggestions and consultations because of his or her expertise.

Track record:

Last but not the least, it is always better to work with Monmouth County DWI attorneys who have a good track record of winning cases.

For Further details Visit: Middlesex County Traffic Violations Lawyer or if you want an appointment contact Monmouth County DUI/DWI Lawyer here:  The Law Office of Marc B. Schram, P.C. Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730.

Phone: (732) 888.4400

To Read More about DWI Attorneys Click:
Tips to hire a Dui/Dwi lawyer in New Jersey