The Cintron Firm, LLC Blog

What Are Damages for Pain and Suffering?

December 4, 2018 by The Cintron Firm

When someone else has acted carelessly or negligently and you’ve suffered actual losses, you have a right to seek compensation in a civil lawsuit. Based on the types of injuries you’ve suffered, you can generally seek damages (a monetary award) for both economic and non-economic losses. Economic damages are those which are easily calculated, such as loss of income or unreimbursed medical expenses. Non-economic damages are less tangible, and typically include loss of consortium or companionship, loss of enjoyment of life, and pain and suffering. In this blog, we take a closer look at what types of recoveries are available for “pain and suffering.”

“Pain and Suffering” Defined

In any personal injury claim, there are customarily two different categories under which damages for pain and suffering fall—physical pain and suffering and mental/emotional pain and suffering. It’s important to understand that physical pain and suffering isn’t limited to physical aches and pains—it can also apply to physical limitations caused by your injury. For example, if you suffer burns that limit your dexterity or mobility, you may be entitled to damages for pain and suffering. In addition, injuries that affect your balance may entitle you to damages for pain and suffering.

Emotional/mental pain and suffering can often be a by-product of physical pain and suffering, but need not be. If you are in constant physical pain, you may experience depression, anxiety, fear, anger or other mental/emotional consequences, entitling you to damages for pain and suffering.

Determining the Value of Damages for Pain and Suffering

With pain and suffering, everyone’s experience is different, and there are no tangible or concrete factors by which the extent of your suffering can be established. Accordingly, many courts instruct juries to use common sense and good judgment when calculating damages for pain and suffering. In New Jersey, as in many states, there is precedent for juries to apply a “multiplier” to calculate damages for pain and suffering. With such an approach, the jury determines the amount of economic damages and multiplies it by a specific factor. For example, if lost wages and unreimbursed medical expenses can be calculated, the jury may multiply that total by some number (often three) to get the damage award for pain and suffering.

Contact Us

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, including people who have sustained workplace injuries. 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 917-494-5695 to set up an appointment.

Happy Thanksgiving

November 22, 2018 by The Cintron Firm

Thanksgiving asks us to count our blessings. In that tally, we include not only our families and friends, but the relationships of trust and support that we have built with our clients. We appreciate the confidence you have placed in us, and we will continue to work hard to deserve that confidence.

We hope that this holiday offers you the chance to enjoy time with the people for whom you are most thankful. Happy Thanksgiving!

Are You Responsible When Your Child Causes a Motor Vehicle Accident?

November 20, 2018 by The Cintron Firm

It’s common knowledge, backed up by statistical data, that teenagers (typically driving a family car) have the greatest likelihood of causing a motor vehicle accident. The CDC (Centers for Disease Control reports that 16-19-year-olds have the highest accident rate of any age group. A legitimate concern for many parents, then, is the extent to which they may be liable for injuries and damage caused by their children while operating the family vehicle.

Before looking at whether a parent has liability, it’s important to look at the legal requirements to prove a case of negligence (negligence is most often the legal theory upon which a claim for compensation is based). Negligence requires that you prove the following:

That a person failed to exercise the reasonably expected standard of care
The failure to exercise reasonable care caused the accident
You suffered actual loss because of the accident

Situations Where You Can Be Liable for the Acts of Your Children

There are two recognized legal theories by which a parent may be held responsible for a child’s carelessness behind the wheel of a car:

Negligent entrustment
Vicarious liability

Negligent Entrustment

Under the principle of negligent entrustment, the carelessness of a child may be attributed to a parent if the parent knew or should have known that the child posed an unreasonable or inherent risk of injury to others. With respect to an automobile accident, if a parent permits a minor to drive the family car, knowing that the minor has demonstrated poor judgment behind the wheel in the past, the parent may be found responsible. If the minor has been ticketed for speeding or for failing to stop at a traffic signal, or has been in a couple accidents, that can be introduced as evidence that the parent should have known and appreciated the risk of letting the child drive the family car.

Vicarious Liability

Under the legal principal of “agency,” if there’s an agent-principal relationship between two parties—one (the agent) who is acting on behalf of the other (principal)—the principal can be found vicariously liable for the wrongful acts of the agent, even if the principal was not present when the accident occurred. Accordingly, if a parent sends a child on an errand and the child causes an accident, the parent can be found responsible.

Contact Our Office

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. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

New Jersey Security Deposits—An Overview

November 7, 2018 by The Cintron Firm

In New Jersey, as across the country, you can expect that when you sign a residential lease, you’ll have to put down a security deposit. There are a few good reasons why the landlord will do this. First, it’s designed to cover any actual damage to the premises beyond reasonable wear and tear. In addition, if you fail to give the landlord the required amount of notice, as required in your lease, it can cover lost rents if the apartment cannot be immediately rented to another person.

Under New Jersey law, a landlord may not require a security deposit that exceeds one and a half months value of rent, except that there may be an additional annual security deposit that may not exceed 10% of the current security deposit. When you vacate an apartment, assuming that you have given the landlord proper notice under the lease, the landlord must give you back the security deposit within 30 days. This, however, is premised on the condition that you have given possession back to the landlord, i.e., returned all keys and vacated the premises. Under certain circumstances—where there has been a fire, flood, condemnation or evacuation—you are entitled to your security deposit within five days.

In addition, you are entitled to the payment of interest for the period during which your landlord holds your security deposit. The landlord must provide notice within 30 days of receiving your security deposit, disclosing:

The name of the financial institution
The type of account
The amount of the deposit
The current rate of interest

The landlord may pay the interest in cash or give you an equal credit toward your rent.

Contact Our Office

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. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Happy Halloween!

October 31, 2018 by The Cintron Firm

Watch Out For Video Surveillance When You Have a Workers’ Compensation Claim

October 10, 2018 by The Cintron Firm

When you have what seems like a pretty straightforward claim for workers’ compensation, it can come as a surprise to have the workers’ compensation insurance company or your employer challenge the claim. It’s important to understand that both your employer and the insurer have a vested interest in minimizing or avoiding any payment to you. For the insurer, it cuts directly into profits. For your employer, it will likely lead to higher insurance premiums.

One of the most common ways a workers’ compensation claim will be contested is with video evidence. Workers’ compensation insurance companies often send a private investigator out to observe claimants, typically with a video camera. If the investigator can get footage of you doing something that calls your injury into question, or that appears inconsistent with your claim, it can be introduced to diminish or deny your claim.

The best way to avoid this type of situation is to be as honest as possible at all times. Don’t try to exaggerate the extent of your injury in an effort to ensure you get workers’ compensation benefits. Tell the doctor exactly what you can and cannot do. In addition, don’t try to be macho or stoic, or try to be a strong example to your children or anyone else. Accept that you’ve been hurt and there are things you should not be doing, if you want to get better. Make certain your friends and family understand that, too.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Can You Be Fired for Filing a Workers’ Compensation Claim?

September 5, 2018 by The Cintron Firm

If you’ve been in an accident at work, you may be worried about taking any time off for your injury, afraid that your boss might replace you, or even worse, terminate you because you’ve filed for unemployment benefits. Can you risk losing your job by seeking workers’ compensation because of a job-related injury or illness? Can your employer replace you and tell you there’s no opening when you are ready to come back to work?

Under the workers’ compensation in New Jersey, an employer may not engage in any form of retaliation against a worker who has filed a good faith claim for workers’ compensation. Accordingly, your employer cannot let you go solely because you sought benefits for a workplace injury. In addition, your employer cannot take any other action that would be considered retribution for filing a workers’ compensation claim, including:

Denying a raise, promotion or bonus
Preventing access to benefits available to other workers is similar positions with similar experience
Assigning you undesirable tasks or tasks beneath or not within your job description

As a practical matter, it can be extremely difficult to show that termination was a direct and sole result of filing a workers’ compensation claim. In New Jersey, as in most states, employment is considered to be “at will,” which means your employer can terminate your employment at any time for any reason that is not contrary to law, to employment contract or to public policy.

Contact Us

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 917-494-5695 to set up an appointment.

Protecting Yourself from Car Dealership Fraud

August 13, 2018 by The Cintron Firm

When you’ve worked hard to save the money for a down payment on a new car or it’s time to trade in your vehicle for something more reliable, you’ll quickly discover that you have lots of options, and one of those is to purchase your vehicle from a car dealer. Unfortunately, the reputation that car salespeople have is not unwarranted. There are many honest car dealers, but, unless you’re working with someone you know and trust, there are a few steps you need to take to ensure that you don’t become the victim of a car dealer scam.

Know What You Want and What the Vehicle Offers

Take the time to learn all the different options available on the vehicle you want and ask questions to verify that the car you are interested in purchasing has the features you desire. If you give the salesperson the impression that you know very little about the car, you can easily become a victim of dealer fraud.

Verify Who Owns the Car

If you are purchasing from a dealer, the dealer should be holding title to the vehicle. If the dealer tells you that he’s acting as an agent or representative for the seller, who still has title, you should be wary.

Get the Real Price in Writing

It’s important to understand that the price in the window or on the advertisement is not necessarily the full price you will pay. Make certain to ask the dealer to include all potential costs, so that you know exactly what you’ll be paying. It’s helpful to compare prices elsewhere before you go to the dealer. If you have an idea of what the vehicle should cost before you go to the dealer, there’s less risk that you’ll be swindled.

Don’t Pay for the Car Until You Have the Keys

A dealer may ask you to pay in advance—don’t ever do that. It’s better to make a small deposit and pay the rest just before you drive out of the lot.

Get a Copy of All Documents

The dealer should have a written contract for the sale of the vehicle. You will also need to sign certain title and loan documents, if appropriate. Make certain you have copies. You also want to verify the information on any document. Take down the VIN number from the title document and compare it with the VIN plate under the front windshield. If it doesn’t match, don’t pay for the car.

Contact Our Office

Were You Injured on the Job—Part Two

July 4, 2018 by The Cintron Firm

In an earlier blog, we looked at the requirements for eligibility for workers’ compensation disability benefits in New Jersey—you must have been hurt and the injury must have been sustained during the course of your employment. In that blog, we looked at your eligibility if you were on a break, or if you were traveling for work. Here are a couple other situations where there may be issues about workers’ compensation coverage.

Injuries Suffered at a Company Sponsored Event

It’s pretty common for a company to have a golf outing, team-building event or some other offsite excursion. What happens if you suffer a serious injury while at a company event? As a general rule, whether attendance is voluntary or mandatory, you have the right to pursue workers’ compensation benefits if you are injured at a company event. For example, if you are hit by a cart, club or ball at a golf outing, you should be able to recover, provided you weren’t engaged in unreasonable behavior at the time. If, for example, you became intoxicated and fell, you might not be able to obtain workers’ compensation benefits, unless you can show that the company provided the alcohol.

Injuries Caused by Your Own Wrongful Conduct

As a general rule, workers’ compensation benefits are no-fault benefits—they are paid regardless of whether you can show negligence. There is an exception, however, when your behavior is knowingly and clearly in violation of known company policy or safety guidelines, or when your injuries are intentionally self-inflicted.

Contact Us

The Different Types of Damages in a Personal Injury Lawsuit

July 4, 2018 by The Cintron Firm

If you’ve been hurt because of the carelessness or negligence of another person, you have a right to seek compensation (known under the law as “damages”) from the persons responsible for your injuries. You also have the right to recover monetary compensation for any property damage.

With respect to physical injuries, there are generally two broad types of damages: compensatory damages and punitive damages. Compensatory damages are intended to reimburse or compensate you for any losses you have or will sustain. Punitive damages, on the other hand, are intended to punish the defendant for inappropriate behavior, and are also intended to serve as a disincentive for others to engage in similar behavior. As a practical matter, punitive damages are extremely difficult to obtain.

Within the realm of compensatory damages, there are also two distinctions—economic damages and non-economic damages. Economic damages are those that are tangible and easy to ascertain—examples include:

Lost wages and income if you cannot work because of your injury
Any unreimbursed medical expenses you have incurred
Loss of or damage to property

Non-economic damages, conversely, include those losses that are less tangible, and more variable. Examples of non-economic damages include:

Physical pain and suffering—this includes any discomfort you have incurred, as well as any you are reasonably expected to experience in the future
Emotional distress—you may be able to recover damages for psychological effects of an accident or injury, including stress, anxiety, fear and depression
Loss of consortium or companionship—these damages compensate you for the loss of intimacy with your spouse or the loss of companionship with family members
Loss of enjoyment of life—you can also seek damages if you are no longer able to participate in activities that you love

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a motor vehicle accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.