The Cintron Firm, LLC Blog

New Jersey Personal Injury Claims, Part One

September 3, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

New Jersey Personal Injury Claims

August 12, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

What Is Negligence?

July 13, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Happy 4th of July 2021

July 2, 2021 by The Cintron Firm

Work Injuries Caused by Third Parties

June 14, 2021 by The Cintron Firm

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 917-494-5695 to set up an appointment.

Memorial Day 2021: Remember & Honor

May 31, 2021 by The Cintron Firm

Is Fault a Factor in Workers’ Compensation Claims?

May 12, 2021 by The Cintron Firm

Can You Get Workers’ Comp Benefits If You Cause Your Own Injuries?

In New Jersey, to qualify for workers’ compensation benefits, you need to show two things: (1) that you were injured and (2) that the injury happened during the course of your employment. You need not show who caused the injury nor prove that your employer or coworker acted negligently. But what if you caused the accident, in whole or in part? Are you still eligible for workers’ comp benefits?

Workers’ Compensation—Primarily a No-Fault System

In most personal injury claims, the principle of comparative fault applies, which means a monetary award you receive can be reduced to the degree you were at fault for causing the accident. That’s not the case with a workers’ compensation claim. With limited exceptions, workers’ compensation benefits are payable without regard to fault, which means that, even if your carelessness contributed to causing the accident, you’ll still qualify for benefits.

There are, however, some exceptions to this rule:

Workers may not collect workers’ compensation benefits for injuries that are solely and intentionally self-inflicted; and
Workers may not recover workers’ comp benefits for injuries sustained in an accident if the worker was intoxicated, or under the influence of drugs, at the time of the accident and the worker’s impairment was the sole cause of the accident.

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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Was Your Injury Work-Related?

April 14, 2021 by The Cintron Firm

Can You Collect Workers’ Compensation for Injuries Suffered at a Company Outing or Event?

Under New Jersey workers’ compensation law, there are only two requirements to qualify for benefits—you must suffer an injury and you be working at the time of the injury. In most instances, there’s little question about whether the injury is work-related. But what if your company holds a special event, such as a golf outing or holiday party, and you’re hurt while attending? Is your injury work-related? Can you seek workers’ compensation benefits if you are run over by a golf cart or slip and fall at a company party?

As a general rule, injuries suffered at company-sponsored events are covered by New Jersey workers’ compensation laws. That rule applies whether attendance is mandatory or voluntary.

There are, however, some exceptions. If your behavior is egregious, or contrary to known or stated company policy, you may be disqualified. For example, if you consume alcoholic beverages and have an accident because of alcoholic impairment, you may lose the right to recover workers’ compensation benefits. If, however, your employer provides the alcohol, you may still be able to collect benefits.

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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Was Your Injury Work-Related?

March 12, 2021 by The Cintron Firm

Can You Collect Workers’ Compensation for Injuries Suffered while Traveling?

In New Jersey, if you’re hurt on the job, you have a right to seek benefits through a workers’ compensation claim. There are only two requirements to be eligible for payments—you must show that you suffered an injury, and you must prove that the injury was work-related. An injury is work-related if it occurs while you are completing tasks specifically related to your job or in the course of your employment.

With most workplace mishaps, there’s little question that the injury is work-related, e.g., a malfunctioning machine or tool causes injury, or you’re hurt in a slip-and-fall or by a falling object. In other situations, the determination is not as clear. One such situation is when you suffer injury while traveling for your job.

As a general rule, you cannot recover workers’ comp benefits for injuries sustained on your commute, either to or from work. There is an exception, however. If you take a detour from your normal route to perform a work-related task, then you can recover for injuries suffered during that detour. For example, if your boss asks you to stop and pick up bagels for the office, and you get in a car accident on your detour to or from the bagel shop, you should be able to collect workers’ compensation for any injuries.

If your work requires you to be on the road on a daily or periodic basis—whether to service sales accounts or attend conferences, training sessions, or conventions—you’re generally entitled to workers’ compensation benefits for motor vehicle accidents or other work-related injuries. However, if you engage in any wholly personal activities—for example, you go to the gym during lunch and get hurt on one of the exercise machines—you may not have a claim.

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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Tips for Minimizing Accident Risks in New Jersey Winters

February 9, 2021 by The Cintron Firm

Strategies for Staying Safe When Roads Have Snow or Ice

Because New Jersey typically ranks near the top nationally for traffic density, there’s a risk of injury any time you get in a car. That risk can be greater in the winter, when snow and ice can make roads slippery and accumulate on your windshield, limiting visibility.

In New Jersey, motorists are required by law to remove all snow and ice from a vehicle—including snow on the windows, hood, and roof—before getting on the road. You can be ticketed for failure to do so and fined if snow or ice from your car causes property damage or personal injury to others.

Here are additional recommendations for safely navigating icy or snowy roads in New Jersey this winter:

Allow more distance between you and the car in front of you—Under normal conditions, you want about 10 feet for every 10 miles per hour you are traveling. In snow and ice, double that, so that you give yourself more time to stop or take evasive action.
Use your headlights during a snowstorm—When it’s snowing, keep your lights on, even in the middle of the day, so that other motorists can better see you (low beams are best).
Adjust your speed to the conditions—Don’t drive too fast or too slowly. Too fast and you’ll have difficulty controlling your vehicle…too slow and you’ll pose risks to others traveling at safe rates of speed.
If you start to skid, turn in the direction of the skid.
Think ahead—You’re most likely to find patches of ice at intersections and on exit/entrance ramps to freeways and highways.
Be patient—When others are traveling slower than you want to go, don’t try to pass; wait until they turn, or you have a safe opportunity to go around them.
Know what to do if you break down—If you break down, get your vehicle as far off the road as possible, and turn on your emergency flashers immediately.

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. We are currently available to talk with you by phone, text message, or videoconference. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.