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What to See in a Charlotte Truck Accident Attorney?

February 4, 2015 Leave a comment

Accidents which are caused by huge and heavy vehicles like trucks often tend to be extremely serious and unfortunately, the victim often even ends up losing their life forever and their family members also become too very unfortunate to lose a member of their family. This is the reason why Charlotte laws hold these sorts of accidents in very high regard and try to provide justice to the victims and their family without making them handle too many hassles. However; it is also equally important to hire a Charlotte truck accident attorney, who will be able to guide and support the victim and his or her family members in the right direction. Hence; in order to be able to reap the benefits of hiring a good truck accident attorney, one must also know whether what to look for in an attorney while choosing through all the good attorneys working in the market.

Relevant experience:

There are lots of personal injury attorneys working in the market. However; it is important to choose a Charlotte truck accident attorney who has subsequent amount of relevant experience of working in the field of handling truck accident cases. This is because, a lawyer who has experience handling accident cases related to other types of vehicles like cars, bikes and other small vehicles are not at all the same as those which are caused by tricks and hence; it is important to hire an attorney who has the relevant experience of handling such a case.

Knowledge and expertise:

A Charlotte truck accident attorney claiming to be able to fight a truck accident case must be knowledgeable enough in the field and must be aware of the facts and measurements as to how can a truck cause an accident, what should be chances of having failure with it etc, so that the truck can come under the chances of doing accidents. All these factors must be judged by the lawyer and he or she should know how to present the entire matter in front of the court of law, so that the court can realize that the victim has actually suffered the loss due to someone else’s mistakes and carelessness and that the victim and his or her family must be presented with justice on the matter.

An attorney who claims to be able to fight a truck accident case in a court must have these above mentioned qualities.

For further details visit Charlotte Accident Lawyer or wants an appointment contact Charlotte Truck Accident Lawyers here: 118 South Colonial Ave. Charlotte, North Carolina 28207

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Charlotte Head Injury Lawyers

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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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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

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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

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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

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

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