Thanksgiving—a time for gratitude for the many blessings we receive every day. This year, let us share our thankfulness for friends and family, and for our cherished liberties. May we gather together and share in the wondrous bounty of our world.
New Jersey Personal Injury Claims, Part Three
The Details that Need to Be Addressed before Trial
In the earlier blogs in this series, we looked first at the details of how a lawsuit originates, and then at the discovery process, where the parties gather, evaluate and protect evidence to support their claims. We’re not quite ready to go to trial, though—there are other things that need to be done first.
Dispositive and Evidentiary Motions
Because dockets are always full and courts don’t want to waste trial time on unnecessary matters, it’s common practice in the American civil justice system to resolve as much as possible before bringing in a jury.
Dispositive Motions
As we indicated in an earlier blog, our civil justice system adheres to the concept of “open discovery,” where all parties have equal access to all evidence relevant to the case. Accordingly, once discovery is complete, one or more parties may allege that the other party has not produced sufficient evidence for the matter to go forward. That can take a few different forms:
- Motion to dismiss—Typically filed by a defendant, this request to the court contends that the party seeking redress has not produced evidence of even a “colorable” claim and asks that the court throw out the entire lawsuit
- Motion for summary judgment—This motion is commonly filed by the party seeking compensation, alleging that the other party has not provided evidence of an acceptable defense. It typically asks for damages
- Partial motion for summary judgment or to dismiss—This motion seeks to limit the scope of a potential trial by ruling in advance on certain claims or by dismissing them
Evidentiary Motions
The rules governing admissibility or exclusion of evidence at trial are somewhat different that those applied during the discovery process. For example, a witness at a deposition may provide testimony that would be excluded at trial, but can be beneficial for obtaining other admissible evidence. Because the court does not want the jury exposed to inadmissible evidence, it’s common to ask the court to rule in advance of trial whether certain types of evidence may be introduced. If they are prohibited and a party introduces them anyway, there can be sanctions, including contempt proceedings and the potential for a mistrial.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Happy Halloween!
New Jersey Personal Injury Claims, Part Two
The Discovery Process
You’ve been hurt in an accident because of someone else’s carelessness or negligence. You’ve hired an experienced attorney, who has filed a personal injury complaint on your behalf, and the defendant has replied, denying the allegations. What happens next?
The Discovery Process
Typically, once the parties have timely filed a complaint and an answer, the judge assigned to the case will call a first meeting, with a few specific objectives:
- To learn a bit more about the details of the case
- To encourage the parties to find a way to settle the dispute without the need for a trial
- The identification of a timetable for the completion of discovery
What Is Discovery in the Legal Process?
Discovery refers to the gathering of evidence by the parties. In the American system of justice, the concept of “open discovery” generally applies. That means that both parties have a right to access to all evidence obtained. The parties may not refuse to disclose evidence or the names of potential witnesses.
Discovery takes a variety of forms:
- Depositions—A deposition is a scheduled questioning of a particular witness. The deposition may take place anywhere, but is usually conducted at an attorney’s office. Lawyers for all parties have a right to be at the deposition and to ask questions. The person being questioned is under oath and all questions and responses are typically recorded by a court reporter.
- Interrogatories—These are written questions submitted by one party to the other. The interrogatories must be answered in writing. It’s fairly common for the court to place some limitations on interrogatories, so that parties don’t use them to force opponents to spend unnecessary time and money answering them.
- Requests for production—A party may ask opposing counsel to produce records, documents, physical evidence or other items that are relevant to the determination of liability.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
New Jersey Personal Injury Claims, Part One
What Can I Expect Immediately After Filing a Personal Injury Claim?
In New Jersey, when you’re hurt because of the wrongful conduct of another person, you have a right to seek compensation for your losses in a court of law. What does the process look like? How do you get from the act of contacting an attorney to securing full and fair compensation for your injuries? In this series, we walk you through the key components of the process. In this first blog, we look at what happens immediately after you retain an attorney.
A Complaint Is Filed
The legal process begins when you file a document called a complaint. The complaint may be filed in state or federal court, based on the circumstances of your case. In the complaint, your attorney will set forth the basic facts that support your legal claims:
- The parties—parties—Who seeks compensation for losses and who is believed to have caused those losses
- The facts of the case—What happened to bring about the legal claim
- What you are seeking from the at-fault party—party—The losses you sustained and want the defendant to pay
The complaint must be filed within a certain period of time after the accident that caused your injuries (or after discovery of the injuries, if they weren’t apparent at the time of the accident). This period is known as the statute of limitations. Your attorney will confirm when your complaint must be filed.
The complaint must also be delivered to the at-fault party (the legal term is “served” on the defendant).
An Answer Is Filed
Once the defendant is served, they have a limited amount of time, specified by the court rules, to respond to the allegations in the complaint. This must be done in writing in a document known as an “answer” to the complaint. If the defendant does not file the answer within the specified period, the injured party may ask the court for “default judgment.” The defendant may be able to get a default judgment thrown out but only in very limited circumstances.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
New Jersey Personal Injury Claims
What Must I Prove to Recover Compensation?
You’ve been in a car accident or suffered an injury in a slip-and-fall on someone else’s property. How do you go about getting compensation for unreimbursed medical expenses, lost wages and income, physical pain and suffering, loss of companionship or consortium, or the inability to do the things that used to bring you satisfaction or joy?
Standard of Negligence in a Personal Injury Lawsuit
As a practical matter most personal injury lawsuits are based on the legal theory of negligence. Under the principles of negligence, to successfully recover compensation for a personal injury, you must demonstrate to the jury that:
- The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the circumstances;
- That failure caused an accident or event; and
- You suffered actual losses as a consequence of the accident or event.
Breach of the Duty of Care
Under the concept of negligence, all persons in society have a duty, in all their actions, to act as a reasonable person would under the same circumstances. The failure to do so, referred to as a “breach of the duty of care,” is the first element of a negligence claim.
Causation
The mere failure to act as a reasonable person, on its own, does not make someone liable for a personal injury. The injured person must prove that the breach of duty caused an event or accident. That requires showing (1) that the accident would not have occurred if the defendant had acted reasonably and (2) that the accident and injuries sustained were foreseeable consequences of the failure to act reasonably.
Actual Losses
Damages in a personal injury lawsuit are intended to be compensatory, i.e., to compensate the victim for their financial losses. Accordingly, any losses covered by insurance cannot be recovered in a personal injury claim, as you have not lost anything.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
What Is Negligence?
What Must You Show to Recover Compensation for a Personal Injury?
When the actions of another person cause you to suffer personal injury, you have a right to seek compensation (known as “damages”) for your losses. Though you can always bring a lawsuit for personal injuries intentionally inflicted by another person, most claims for compensation are based on a legal theory of negligence.
What Is Negligence?
To recover under a legal theory of negligence, you must prove three things in court:
- The defendant (the person from whom you seek compensation) failed to act as a reasonable person would under the circumstances;
- The failure to act reasonably caused an event (usually an accident); and
- You suffered actual or measurable losses as a result of the accident.
The Failure to Act Reasonably
Under negligence principles in New Jersey and across the country, every person in society is expected to use reasonable care in all their actions, including, for example, driving a motor vehicle, maintaining property, and designing and manufacturing consumer products. When a person fails to act accordingly, it is considered to a “breach of the standard [or ‘duty’] of care.”
Generally, there are no written laws or regulations that identify what is considered reasonable in a given situation. Ultimately, whether a person acted reasonably is determined by a jury, on a case-by-case basis. To ensure consistency in the administration of justice, however, courts give weight to prior decisions involving similar legal and factual issues.
Causation
To successfully show negligence, you must prove two types of causation:
- Actual, or “but for,” cause—The accident would not have occurred “but for” the carelessness or negligence of the defendant; and
- Proximate cause—The accident and/or the injuries sustained were “reasonably foreseeable” as a consequence of the breach of the standard of care.
Actual Damages
There are two general types of damages—compensatory damages and punitive damages. Compensatory damages are intended to “compensate” the injured person for identifiable losses, whereas punitive damages focus on the behavior of the defendant and represent sanctions for socially unacceptable behavior. You cannot recover damages for losses that you did not incur or for which you are reimbursed—losses covered by insurance, for example.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.
Happy 4th of July 2021
Work Injuries Caused by Third Parties
Is Your Recovery Limited to Workers’ Compensation Benefits?
New Jersey workers’ compensation laws, like those in all states, were enacted to provide benefits to both workers and employers. Workers can avoid the time and expense of civil litigation and start receiving benefits within a few weeks (provided the claim is approved). Employers are free from the whims of sympathetic juries, as workers’ comp benefits are fixed, based on the worker’s average weekly wage for the past year.
The workers’ compensation laws were enacted to address situations where an injury is caused by the carelessness or negligence of an employer or a co-worker. Often, though, an employee’s injuries are caused, in whole or in part, by the wrongful acts of a third party—such as a driver of a motor vehicle, the manufacturer of a dangerous or defective product, or an employee on an adjacent work site. Can you still seek workers’ compensation benefits if your injuries are not caused by your employer or a co-worker? If so, are you limited to the benefits available through a workers’ comp claim?
New Jersey Workers’ Compensation Eligibility Requirements
To qualify for workers’ comp in New Jersey, you must show two things:
- you were injured; and
- the injury occurred during the course of your employment.
As a general rule, it doesn’t matter who caused the accident, as long as it was not intentionally self-inflicted.
Third-Party Claims for a Work Injury
If your work injury is caused, in any way, by the wrongful acts of a third party, you have the right to file a civil lawsuit against that third party for any losses suffered. In fact, you can file a workers’ compensation claim simultaneously with a civil suit. Damages in a civil suit are not limited to your income but can also include compensation for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. You can’t recover for losses in a civil suit if you’ve already received benefits for those same losses through a workers’ comp claim. It’s also important to understand that a civil action can drag on for years before you see any payout.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.