NC personal injury- What to know?

October 31, 2014 Leave a comment

Personal injury cases are extremely unfortunate and sad. However; the harsh truth is that these cases and occurrences have become extremely common now a days and there are many people in North Carolina, who are even unaware of the fact that they have the right to file a personal injury case against an organization or individual because of which or whom the accident occurred. While many people think that it is extremely dangerous to file a case against someone even if they are actually guilty of the crime and should be penalized, as they think that filing a case against someone will lead to enmity. However; this is not a right and valid concept and one should know that leaving a guilty person without punishing him or her for the accident will make that person more confident and which in turn will lead to more NC personal injury cases.

Personal injury cases are of many types. Ranging from workplace personal injury to motorcycle accidents, truck accidents, head injuries, neck injuries etc., NC personal injury cases are divided into many types and it is depending on the type of the case, that a complainant should hire a specialized lawyer for the case. For instance, there are specialized head injury, auto accidents, motorcycle accidents, bike accidents and truck accident lawyers practising in North Carolina and each has a distinctive specialization field, which make them experts in their fields.

NC personal injury cases are easy to deal with as in these cases, all the complainant has to do is hire an appropriate lawyer and file a case in a local or higher court, depending on the severity of the case and where the accident took place. However; this concept is only partially correct. Whereas hiring a lawyer and filing a case are the two most essential things for these cases, the complainant must also be aware of certain things that they might have to face while fighting this case in a court of law. Since NC personal injury cases have become extremely common now a days, courts have started paying lesser attention to these types of cases, primarily because of the tremendous shortage of time and huge number of such cases piled up in the court. This is the reason why it is important on the part of the client to hire a good lawyer who will be able to present the case with its due seriousness and graveness in front of the court and bring in proper evidence to win it.

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

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Charlotte truck accident attorney – What’s the difference?

October 28, 2014 Leave a comment

Charlotte is a city that pays very high and thorough attention to the well being of its people. As a result, there are many laws and clauses in Charlotte’s rule books. While these laws are elaborate and well defined, most of these laws fail to reach the common people, who’s rights have been compromised and who have suffered a serious injury as a result of someone else’s mistakes or intentional planning. Similar is the case with Charlotte’s truck accident laws. Despite being a part of the city’s auto accident laws, truck accidents are treated with a different level of seriousness and with an all-totally different approach, which makes it difficult for inexperienced lawyers to present and contest such cases in a court of law. There are several factors that should be checked and properly analyzed in order to make a truck accident case a viable one and to make it stand out in the court. mentioned below are some of the ways in which hiring a Charlotte truck accident attorney can completely change the direction of the case and help the victim and his or her family get justice faster and more easily.

Truck accidents are different

while there are many laws associated with auto accidents in Charlotte, there are some well defined parameters for determining whether a person has been injured due to negligence of a truck driver or a company or not. Since trucks are included under heavy and huge vehicles, just a simple touch with these vehicles can severely injure a person. It is therefore required on the part of the Charlotte truck accident attorney to know about those particular parameters in order to investigate and fight a case properly. This is also the only reason which makes it difficult for attorneys contesting other types of auto cases to fight truck accident cases.

Experience

every automobile accident is different and so are their outcomes. This is the reason why it is generally recommended to hire a Charlotte truck accident attorney who is experienced in handling truck accident personal injury cases and especially the ones who specialize in the subject matter. This is because, without having any prior experience in the field, a lawyer will never be able to handle a truck accident case and decode it to get the victim duly compensated. a Charlotte truck accident attorney being an expert in the field will be able to do justice with the case, not only by studying the case properly but also by penalizing the guilty and drawing the compensation for the victim.

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

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Why should an accused hire a New Jersey auto accident attorney?

New Jersey Product Liability Statute Of Limitations

October 17, 2014 Leave a comment

Product liability is an area of personal injury law in which manufacturers and sellers are held responsible for harm caused by their products. Manufacturers and sellers are covered by a statute of limitations set forth in the New Jersey Products Liability Act. The Act limits the time that an injured party may bring suit to two (2) years from the accrual of the cause of action.

The purpose of statutes of limitations is to stimulate litigants to pursue a right of action within a reasonable time so that the opposing party may have a fair opportunity to defend, and to penalize those who intentionally cause delay. While encouraging the diligent and timely prosecution of claims, the statute of limitations is however, subject to the “discovery rule.” Based upon the equitable principles of the discovery rule, accrual of a cause of action does not occur until an 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. Litigation concerning the discovery rule is generally based upon a dispute as to when a Plaintiff discovered, or should have discovered, an injury. It is well established in New Jersey that the bases of a claim for personal injury are the Plaintiff’s awareness that he or she sustained an injury, and the understanding that the injury may involve another party’s fault. When the Plaintiff is aware of a set of facts indicating that a third party’s unreasonable conduct might have contributed to the injury, medical or legal certainty is not required.

When a party is seeking only economic damages for damage to a product itself, however, and not for harm to persons or property, the New Jersey Supreme Court has held that the claim is best brought under contract law theory, and therefore governed by the Uniform Commercial Code (UCC). This means that the statute of limitations begins to run on the date of purchase, instead of the date the defect was discovered, or should have been discovered, and is (4) years, instead of two (2) years. This four (4) year statute of limitations may not apply however, where the product itself is considered dangerous, where there is a disparity in the bargaining power of the parties, or when there is fraud or unconscionably.

A Plaintiffs time to bring a cause of action for personal injuries under product liability laws in New Jersey is limited and may be as short as two (2) years. This limitation on the right to sue is necessary in order to product manufacturers and sellers of products from stale lawsuits, which may be impossible to defend due to the lapse of time.

Sources:

Alloway v. General Marine Industries, 149 N.J. 620 (N.J. 1997).

Lopez v. Swyer, 300 A.2d 563 (N.J. 1973).

Cornett v. Johnson & Johnson, 998 A.2d 543 (N.J. 2011)

N.J.S.A. 2A:14-2

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 Personal Injury then visit NJ Personal Injury Lawyer or contact Bergen County Product Liability Attorney here: 320 Cedar Lane Teaneck, NJ 07666.
Call today! (201) 530-6272

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New Jersey Personal Injury Law: Contributory Negligence

Charlotte Criminal Defense- How To Proceed?

October 15, 2014 Leave a comment

Charlotte being the largest city in North Carolina is a place which is pretty prone to witness criminal activities, ranging from abduction and murder to assault and drunk driving, every type of criminal cases are evident in the city. However, some of these criminal cases which are filed in the courts of Charlotte are false and vague and many innocent people are being framed for having committed a crime that they havent actually committed. Although the numbers of such incidences are regularly getting boosted every day, there are many criminal lawyers working in the city who can provide the right assistance in case of Charlotte criminal defense. It is simply impossible to stand the charges and fight a criminal case in a court of law without hiring a lawyer. However; there are many other things that are needed to be done after getting accused of a criminal activity in Charlotte, some of which are mentioned below.

Hire a lawyer

The very first thing to do for Charlotte criminal defense after getting charged with criminal charges is to appoint an expert and experienced lawyer. A lawyer not only helps in fighting the case on behalf of the accused client but an experienced lawyer can also ensure higher chances of securing a win to the client. Hiring a lawyer is a must do thing for fighting a criminal case, as the client will never be able to withstand the hassles and tortures of a court and police officials without hiring a lawyer. Most of all, a lawyer being aware of the loopholes of the law is also able to provide important suggestions to the client regarding what to do and say to the authorities in certain situations, so that the client doesnt get stuck up in any manner of conflicts later on due to their lack of knowledge of law.

File a bail application

Applying for bail is the second step an accused must do for his or her Charlotte criminal defense after choosing a lawyer. A lawyer will be able to suggest his or her client the best time and the best way to file his or her bail application as a Charlotte criminal defense move, This is because, it often becomes extremely difficult to take a case forward and protect the client from the legal hassles without filing a bail plea. Some lawyers even prefer to take an advance bail.

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

To Read More about Criminal Lawyer Click:
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Why Hire a Bergen County Real Estate Attorney?

October 10, 2014 Leave a comment

Bergen County is a county in New Jersey, which is extremely popular for its overflowing population rate. It is due to its overflowing population that NJ is facing a lot of social troubles. From a tremendous increase in its crime rate to the falling prices of properties, NJ is facing a tremendous surge in social issues. However; the good news is that despite the falling prices of real estates, NJ real estate sellers are still putting up their assets for sale and with the help of an expert, professional, loyal and experienced real estate attorney, sellers and buyers can secure a profitable deal. A NJ Property attorney is not just helpful for bargaining a property price but can also significantly help to deal with the Property laws in NJ. Mentioned below are some reasons which make hiring a NJ Property attorney a must doing task for getting involved in property transactions in NJ.

Deal with laws:

New Jersey as a state is extremely strict about its laws, which also includes the real estate laws. While New Jersey property laws have always been pretty tight, ever since the downfall of the real estate market and entry of socially unacceptable people into the state, the jurisdiction of New Jersey has tighten up its belt to make it more difficult for the potential property buyers in New Jersey to buy properties. Similar is the condition in Bergen County and it is due to the already high population rate, that the judiciary has made its rules tighter. Apart from having tighter laws, the number of property laws in NJ is also pretty high, which make property buying and selling an extremely tough job. However; all these problems can be easily averted by hiring a Bergen County real estate attorney. These attorneys are well versed with the property laws and find smart ways to make this task a lot easier and comfortable for both the sellers and the buyers.

Negotiations:

Buying and selling a property in NJ can be a pretty tiring deal, especially because property sellers demand extremely high prices. The same is also true for sellers, as the potential buyers take advantage of the struggling prices to quote unbelievably low prices. A Bergen County real estate attorney can be of extreme help in these cases, as the attorney will formulate some methods to make the deal more attractive for both the seller and the buyer.

For further details visit Family Law Attorney New Jersey or wants an appointment contact New Jersey Real Estate Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808

To Read More about New Jersey Family Law Click:
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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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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

To Read More about Personal Injury Click:
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