Key Components and Process of a Personal Injury Lawsuit in NJ

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm

Key Components and Process of a Personal Injury Lawsuit in NJAccidents happen. It is a part of life and a part of being human. However, not all accidents have to happen. Because it is our responsibility as citizens of New Jersey to be mindful and careful of our actions, there are laws established to protect those who are injured as the result of someone else’s negligence. When someone is injured in such an accident, it is their right to be able to focus on their healing, resting assured that the finances related to the accident or time lost from work will be covered. A personal injury lawsuit helps the victim of an accident do just this, and the expert guidance of a skilled personal injury attorney can support that process to include finances necessary to ensure a full recovery, even if therapies must continue into the future.

Personal Injury Lawsuits

A personal injury lawsuit can cover anything from a medical malpractice case due to a product or procedure that causes harm, a car accident, a slip-and-fall accident on someone’s property, an animal bite, libel, or defamation. In short, anything that causes physical, emotional, or professional damage could potentially be eligible for a personal injury lawsuit.

In New Jersey, the state Civil Division tries personal injury cases. The outcome of these cases are determined based on a handful of factors:

Medical Expenses

Medical expenses are all expenses that relate specifically to the injury, such as medical procedures, pharmaceutical costs, and lifestyle support changes due to the injury. Such medical expenses could extend into the future; for example, if ongoing chiropractic treatment will be needed to support the full recovery of the victim of a car accident, estimated future costs of therapeutic measures will be taken into consideration in the lawsuit.

Out-of-pocket costs

These costs are expenses that the victim must shoulder in order to get the care and supplies needed due to their injury. There are a wide variety of out-of-pocket costs that a victim may not immediately consider expenses related to the accident, as injury causes subtle shifts in lifestyle necessities that wouldn’t have otherwise been needed. A personal injury attorney will help the victim discern which out-of-pocket costs were directly related to the injury, for inclusion in the claim.

Pain and suffering

Contact Our Mercer County NJ Lawyers TodayContrary to medical expenses and out-of-pocket costs, which are more objective, the cost of pain and suffering caused by the accident are a bit more of a subjective measure. A personal injury attorney will support the victim in determining what the cost of the accident has been on the victim’s psychological and overall well-being; this will include any professional psychological support that needs to be sought due to the accident.

Lost income

After an accident, a victim often must take time off from work in order to tend to physical injuries. This, of course, can cause a financial strain. A personal injury lawsuit takes into account the income lost to date and projected future income lost.

Based on the projections of these four factors, the size of the personal injury claim is calculated. Generally speaking, a personal injury attorney will withdraw some portion of the settlement for their services, meaning that they only get paid when the settlement is reached and the victim receives financial damages. Because of this contingency basis, personal injury attorneys are only likely to take up cases that they believe that they will win.

Following Time Limits For Filing A Personal Injury Claim and New Jersey Shared Fault Laws

New Jersey Revised Statutes 2A:14-2 notes that the Statute of Limitations on personal injury cases is two years. This means that after two years since the accident occurred, a plaintiff who files a personal injury claim will likely not be heard in court. With few exceptions such as extenuating circumstances, this is the general time limit for filing a personal injury lawsuit.

In addition, because New Jersey operates under shared fault laws, if the victim, or claimant, is found to have been partially responsible for the accident, their total financial claim will be reduced by the percentage for which they were found responsible. If they were more than half responsible for causing the accident, they relinquish rights to financial compensation for their injuries.

Contact Our Mercer County Accident and Injury Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our personal injury attorneys are experienced in guiding clients across Trenton, Princeton, Hamilton, and the greater Mercer County area through the process of filing and carrying out a personal injury lawsuit.

To meet with an experienced member of our firm today regarding your accident, please contact us online or through our Trenton office at 609.528.2596.

WHAT CONSTITUTES NEGLIGENT SECURITY IN NEW JERSEY?

Negligent security is a branch of premises liability which refers to the failure to provide a safe environment for patrons or visitors.

WHAT CONSTITUTES NEGLIGENT SECURITY IN NEW JERSEY?Hotels, motels, bars, clubs, parking garages, offices, stadiums, malls government buildings such as galleries and museums are examples of locations where negligent security is likely to occur. Burned out lights in a building´s perimeter or a parking lot, blind spots not captured by security cameras, and faulty door locks can all lead to a criminal taking advantage of the security lapse and causing you injury and loss of property.

WHAT MUST BE PROVEN IN ORDER FOR A NEW JERSEY NEGLIGENT SECURITY CLAIM TO BE SUCCESSFUL?

  1. Was there a reasonable knowledge of the danger by the property owner? A history of police visits can be taken into account.  A bar rife with a crime in the past must take measures to ensure the safety of its patrons to prevent them from becoming future victims of a repeating pattern of violent crime.  A mall parking lot with several dark areas due to burned out lights could rapidly become a preferred spot for thieves looking to line their pockets and steal your hard-earned money or worse.
  2. Was there adequate security? This is determined on a case by case basis. The number of well-trained security staff, sufficient security cameras, and surveillance equipment, as well as trained staff to monitor camera activity. In large, outdoor spaces such as mall parking lots or grocery stores, proper lighting and scheduled rounds by security guards to deter violent crime are also the responsibility of property owners.
  3. Was there action taken or not taken which directly led to your personal injury?

Repetitive visits by police due to violent crimes, poorly trained security staff, poorly trained or insufficient staff, or employees of any kind who are deficient in their responsibilities can all lead to a negligent security situation.

What are the drawbacks to filing a negligent security case?

These cases are sometimes complicated to prove as the evidence can frequently rely heavily on limited testimony.  If you have been injured as a result of negligent security, it is of the utmost urgency that you seek professional medical attention as soon as possible.  This is not only to have vital documentation of your injuries but also to assure your physical well being directly following the incident.  Follow up visits or physical therapy should also be documented as well.

What is the key to proving negligent security?

What is the key to proving negligent security?Finding a property owner negligent means demonstrating that there were foreseeable circumstances of an existing dangerous situation and the problem was never addressed. It is also invaluable to show that the victim was on the property legally and was not participating in any illicit activities.  Frequently property owners place all of the blame directly on the attacker, contending that the only liable person was the one who committed the crime.  While the assailant is most assuredly primarily responsible, owners are required to provide a safe environment for their guests to protect them from unsafe conditions or violent actions by a 3rd party.

Foreseeable circumstances include the type of business and its security needs.  For example, a jewelry store or check cashing office would require better security inside and around its facilities.  Also, if a business is close to an ATM where robberies could take place would require extra vigilance. A supermarket that has experienced an increase in violent crime in its dark parking lot could be found negligent.

How can our New Jersey negligent security lawyers help you?

We will work aggressively to collect, preserve, and analyze all evidence in your case.  This includes:

-An immediate site inspection.

-Preservation of evidence.

-Photographing and video recording the scene.

-Gathering past criminal reports linked to the property.

-Working with law enforcement.

-Obtaining witness statements.

What kind of damages are allowed in a negligent security case?

Pain and suffering

– Emotional harm

– Medical bills

Lost wages

– Future care services

– Physical therapy

– Lost wages

– Wrongful death damages

Contact a Mercer County Personal Injury Attorney Today

At The Law Office of Kamensky, Cohen & Riechelson we have extensive experience recovering full and fair personal injury compensation for clients and their families in towns across Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and all of Central New Jersey and the surrounding communities.

Our team of attorneys strongly believes in working closely with not only his clients but their families as well. This is because he understands just how stressful an incident like negligent security and the resulting damage can be, and how it can affect the financial security of the family as a whole.

To speak with our legal team today in a free and confidential consultation regarding your injuries resulting from poor or negligent security measures, or any other kind of accident caused by the reckless or negligent actions of a third party, your options for making a personal injury recovery, and how exactly we can help you and your family, please contact us online, or through our Trenton, NJ office at 609.528.2596.