Posts Tagged ‘personal injury’

What to know from Charlotte personal injury lawyers?

November 19, 2014 Leave a comment

Personal injury lawyers are pretty high in demand now a days, considering the fact that more and more people are becoming aware of the personal injury laws in Charlotte and are therefore understanding the need to get the person or the organization responsible for the damage punished and penalized. However; personal injury cases are not the easiest types of legal cases to fight for and even the complainant needs to hire an attorney for presenting the case and contesting it in a court of law. Charlotte personal injury lawyers are here to help and there are several things that a complainant of personal injury case can know from the lawyer before proceeding with the case and while the case is continuing in the court. Mentioned below are some of the useful insights that complainants filing personal injury cases in Charlotte can try to know from their lawyers.

Chances of getting results:

There are many instances of accidents happening around in Charlotte today. Ranging from becoming victims of road accident to get injured in work place due to some other person’s negligence, innumerable accidents causing personal injuries tend to happen on a regular basis. This is the reason why every personal injury case in Charlotte fails to get the due attention that it deserves. Courts sometimes even dismiss some cases, depending on how strong evidences the complainant can furnish. Since filing a person injury case in a court doesn’t guarantees success, it is best to take help from Charlotte personal injury lawyers, who are aware of how to present a case and furnish proofs for it to make the case noticeable to the court.

Compensation amount:

The other thing that the complainant party should enquire from the Charlotte personal injury lawyers is whether should be the compensation amount that can be demanded for the loss that has been caused by the accused. The lawyer will be able to decide upon a compensation amount as per the loss incurred and to maximize the benefits of the client. Since the lawyer of the opponent party will try to pay out as little as possible, the lawyer of the complainant will also be able to fight that off and try to secure the highest compensation amount possible for the loss.

About proofs:

Last but never the least, Charlotte personal injury lawyers will also be able to help the client the requisite proofs that the complainant will need to furnish in order to win the case and get the requested compensation amount.

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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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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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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