The Cintron Firm, LLC Blog

Comparative Negligence in New Jersey

March 6, 2018 by The Cintron Firm

Photo of a 2 car collision

Most people understand that, in the aftermath of an accident that has caused you some personal injury, you have a right to seek compensation from the at-fault party to cover your losses, such as wages and income, unpaid medical bills, physical pain and suffering, and loss of companionship or consortium. But what is the impact on your right to damages if you were in some way partially responsible for your own injury? For example, what if another motorist was traveling far in excess of the speed limit and struck your car, but you also failed to stop at a stop sign or red light?

Under the law as it existed for centuries, and as it came to us from the English common law, the doctrine of “contributory negligence” was a complete defense to a claim of negligence. In other words, if a defendant could provide any credible evidence that the injured party contributed to the cause of the accident, the defendant could avoid any liability. As the law evolved, defense attorneys began to look for any hint of negligence or fault on the part of the plaintiff (injured person) and were often successful in doing so. In response to perceptions that the doctrine of contributory negligence was biased in favor of defendants, a new principle, which is now the law in all 50 states, came into practice in the last century—the doctrine of comparative negligence.

Not surprisingly, lawmakers could not come to agreement on exactly how comparative negligence would be applied. Accordingly, two approaches have developed:

Pure comparative negligence — In a pure comparative negligence jurisdiction, the court will make a determination of total losses, and then allocate the liability between the parties. The injured party will always receive something, unless he or she is determined to be entirely at fault. For example, if damages are $100,000 and the injured party is found to be 60% liable, he or she will still receive $40,000.
Modified comparative negligence — In a modified comparative negligence state, like New Jersey, an injured party may not recover any compensation if his or her fault is great than the defendant. In this instance, if the plaintiff is 60% responsible, he or she will receive nothing.

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. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Recovering Medical Expenses after a New Jersey Car Accident

February 21, 2018 by The Cintron Firm

When you’ve been injured in a motor vehicle accident in New Jersey as a result of someone else’s carelessness or negligence, your first course of action is typically to look for coverage for any medical bills or costs of treatment. In New Jersey, how you are reimbursed will depend on the type of auto insurance policy you purchased.

In New Jersey, as in every state, you can obtain a policy of no-fault insurance on your motor vehicle. If you do and are involved in a motor vehicle accident, you look to your own carrier for coverage after a motor vehicle accident. In most instances, your insurer will pay your medical expenses and then seek reimbursement from the other driver (or the other insurance company) through a legal process known as “subrogation.”

However, unlike most other jurisdictions, New Jersey provide auto owners with a choice—you can also purchase what’s considered to be a “traditional” automobile insurance policy. With that type of policy, you can still take legal action against the at-fault driver and his or her insurance provider. There are even situations where, even though you’ve opted for the no-fault coverage, you can bring a lawsuit against the wrongdoer or his/her insurance company. If you have been the victim of what the law refers to as “serious injury,” you have this right. Under the law, “serious injury” is defined as injury that includes “dismemberment, significant disfigurement or scarring, displaced fractures or the loss of a fetus.”

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 (201) 535-0323 or send us an e-mail.

The Personal Injury Lawsuit—Part Three

February 2, 2018 by The Cintron Firm

Personal Injury Lawsuit—Part Three

You filed a complaint and it’s been answered. You’ve deposed all witnesses and completed all discovery. The court has ruled on all dispositive and evidentiary motions. You’re ready for trial, right? Not so fast—there are still a couple of important steps to complete.

Voir Dire, or Jury Selection

You can’t make opening statements until you have a jury. The process is a little different from jurisdiction to jurisdiction, but there are some basic guidelines that apply.

Jury selection customarily begins with the notification of a pool of potential jurors, typically drawn from a list of registered voters
Persons eligible for jury duty will typically receive notice to appear at the courthouse on a specific date.
If a lawsuit appears headed to jury deliberation, potential jurors are brought into the courtroom, in small numbers, to face questioning by lawyers for all parties (and occasionally by the judge). The primary objective of the questioning is determine whether jurors can make an unbiased decision based on the facts of the case.
Attorneys for both sides have two different ways to exclude a potential juror:

Peremptory challenges—An attorney may exercise a peremptory challenge for any reason, but usually has a limited number of such challenges.
Challenges for cause—A lawyer may ask the judge to dismiss a juror for cause, based on evidence that the juror cannot render an impartial decision. It’s ultimately up to the judge to decide whether a challenge for cause will be granted.

Jury Instructions

In the American legal system, the judge makes all decisions of law and the jury makes all decisions of fact. Nonetheless, the jury must issue a verdict based on the facts. Because jurors cannot be expected to know the laws, they are provided with instructions, telling them the legal conclusions they must make based on their findings of fact.

The court will generally ask counsel for all parties to prepare proposed jury instructions, and determine the final instructions to be given to the jury. Some courts will address jury instructions before trial begins, but others won’t address jury instructions until it seems certain the jury will have to engage in deliberations.

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 (201) 535-0323 or send us an e-mail.

What May a Jury Consider When Calculating Damages for Pain and Suffering?

January 23, 2018 by The Cintron Firm

In New Jersey, when you have been injured because of the carelessness or negligence of another person, you have the right to pursue damages for all your losses, including lost wages and income, unreimbursed medical expenses, loss of enjoyment of life, loss of consortium and companionship, and pain and suffering. In an earlier blog, we looked at the different types of pain and suffering, as well as how juries calculate damages for pain and suffering. Often, the determination of the damage award gives great discretion to the jury, relying on the jurors’ exercise of common sense. Here are some of the factors the juries can and do take into consideration when assessing a damage claim for pain and suffering:

Is the injured party a favorable witness? The jury may base this on your testimony, but may also consider your physical appearance and demeanor during testimony. Were you cooperative or belligerent? Did you make confusing, vague or contradictory statements? Do you come off as a credible person? It’s important to understand that any contradictory statements you make don’t have to relate to the actual pain and suffering you are experiencing. If the defense attorney can impeach your credibility in any way, you may find it difficult to get damages for pain and suffering.
Do your assertions of pain and suffering make sense to the jurors
Does the medical testimony corroborate your claims?
Do you have a prior criminal record?—Clearly, this has nothing to do with your personal injury claim, but a jury may perceive that it speaks to your credibility, depending on the type of crime committed.

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 work-related accident. To set up an appointment, contact our office at 201-791-1333 or (201) 535-0323 or send us an e-mail.

The Personal Injury Lawsuit—Part Two

January 1, 2018 by The Cintron Firm

Personal Injury Lawsuit—Part Two

The complaint and answer have been filed, and discovery is complete. Don’t get ahead of yourself—there’s still a lot to be done before a trial can start. It’s important to understand that the court has an incentive, at all times, to make the trial process as efficient as possible, and, if at all possible, to avoid trial altogether. With that objective in mind, the court will next entertain motions from the parties, and will rule on those motions. There are generally two different types of motions—evidentiary motions and dispositive motions.

Evidentiary Motions

During discovery, the rules of evidence are generally more lax than they are at trial. The purpose of the discovery period is to gather as much evidence as possible. However, at trial, it’s important that the jurors don’t hear or have access to evidence that is inappropriate, as it can taint the verdict (and it can’t be unheard). Accordingly, a deposition witness may give testimony that would be inadmissible at trial, as hearsay, speculation, or simply irrelevant. To keep that evidence from compromising a jury decision, any known disputes regarding the admissibility of evidence are usually addressed before the trial, before a jury has been called. If an attorney subsequently introduces evidence that the court has previously ruled to be inadmissible, other parties can move for a mistrial, and offending attorneys may even face disciplinary action.

Dispositive Motions

Dispositive motions take two forms—motions to dismiss a lawsuit, and motions to dismiss some claims made by one of the parties. For example, based on evidence gathered during the discovery phase, attorneys for the plaintiff may argue that the defendants have not provided sufficient evidence to support a valid defense. Rather than go through a trial, where that will be the likely outcome, the plaintiffs can ask the court for a “summary judgment” ruling, asking the court to rule in their favor without going to trial. A similar motion can be made if the plaintiffs can show that there are no genuine issues of material fact.

Attorneys for the defendants can also move to dismiss a lawsuit, alleging that the injured party has not produced evidence necessary to prove all the required elements of the case. In addition, if the plaintiff has included a number of claims in the lawsuit, the defendants can seek to limit the scope of the lawsuit by dismissing those claims not supported by the evidence.

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 (201) 535-0323 to set up an appointment.

Seasons Greetings and Happy New Year!

December 22, 2017 by The Cintron Firm

The Personal Injury Lawsuit – Part One

December 6, 2017 by The Cintron Firm

Man Reading Letter About Injury

When you have been hurt in an accident stemming from someone else’s wrongful conduct, you have the right to pursue full and fair compensation for physical injury and property damages. Often, time is of the essence, particularly when your injury makes it impossible for you to work. However, if insurance doesn’t fully cover your losses or you can’t quickly negotiate an acceptable settlement, you’ll have to go through a potentially lengthy process before your case can go to trial.

Preparing and Filing a Complaint

To start legal action, you have to file a complaint in the appropriate court. Before you think of doing this, you need to retain an experienced personal injury attorney, someone familiar with the law and the rules of procedure.

Pursuant to what is known as the “statute of limitations,” a personal injury lawsuit must be filed with the court within a specific amount of time after your injury (or after you should reasonably have discovered your injury). Failure to file within the time period set forth in the statute of limitations can result in a claim being barred.

Once the complaint has been filed and served on any named defendants, the defendants will have a specific period of time (usually 30 days) to file an answer to the complaint. Failure to do so in a timely manner can give a plaintiff the right to seek a default judgment.

The Discovery Process

Once the complaint and answer have been filed, a discovery schedule will be established by the court. There are generally methods of discovery, or gathering of evidence:

Depositions — A deposition is oral testimony, given under oath, in response to questions from attorneys for all parties. This testimony is usually transcribed by a court reporter, but may also be videotaped.
Interrogatories — Interrogatories are written questions from one party to another, and must be answered in writing within a specified period of time. The court usually establishes a limit on the number of interrogatories.
Requests for production — Any party can request that other parties produce documents or other evidence relevant to the case.

You can also expect, early in the process, that the judge will encourage or potentially require the parties to engage in good faith efforts to settle, so the case does not have to go to trial.

Contact the Cintron Firm

What Is Equitable Distribution in a Divorce Proceeding?

November 18, 2017 by The Cintron Firm

What Is Equitable Distribution in a Divorce Proceeding As part of the divorce process, you’ll have to find a way to divide the debts and assets of the marriage. New Jersey is an “equitable distribution” state with respect to the allocation of a marital estate. In essence, that means that, if the parties cannot come to an agreement as to how to split of debts and property, the court will order that the debts and assets be divided fairly (though not necessarily equally). The court will take a number of factors into account when determining what is “fair”:

How long the parties have been married—the longer the marriage, the more likely everything will be divided equally
The age and health, both physical and emotional, of the parties
The standard of living to which the parties were accustomed during the marriage
Any income or property brought into the marriage by either party
The existence of a valid prenuptial or postnuptial agreement, or any other written agreement made and signed by the parties
The income and earning capacity of each party, including skills, education, work experience and length of time out of the job market
The time and expense that would be required to allow a non-working spouse to become self-sufficient
Any contribution to the marital home, including raising children, cooking, cleaning and other domestic responsibilities
The contribution by each party to the education, training and earning power of the other party
The extent to which either of the parties enhanced or dissipated the value of the marital estate
The extent to which one of the parties deferred career goals to be a homemaker
The need of one of custodial parent to own or occupy the marital home
The tax consequences of the potential division

Though the parties are free to come to their own agreement, the court always has the discretion to review any proposed property settlement offer to ensure that there is no misrepresentation, fraud, duress or undue influence.

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 (201) 535-0323 or send us an e-mail.

Happy Halloween!

October 30, 2017 by The Cintron Firm

Understanding Negligence: Causation

October 5, 2017 by The Cintron Firm

Understanding Negligence--Causation In an earlier blog, we addressed the first element of a personal injury lawsuit based on negligence—the requirement that you demonstrate a breach of the duty to act as a reasonable person. In addition, you must show that the defendant’s failure to meet the required standard of care caused the accident that resulted in your injuries or losses. This blog addresses the element of causation.

Actual Cause

To succeed with a personal injury claim alleging negligence, you must first show that the defendant’s actions were the “actual cause” of your losses. Often referred to as “but for” causation, this element can usually be established or refuted by asking the simple question “would the accident have occurred in the absence of (but for) the defendant’s breach of the standard of care?” If the answer is yes, the defendant’s behavior is not the cause of the accident and the lawsuit will fail. If, however, the answer is no, you need to address the issue of proximate cause.

Proximate Cause

In many instances, there are a series of circumstances, typically happening sequentially, that result in accident and injury. The issue of proximate cause addresses how close (or proximate” the defendant’s breach of duty was to the actual injury or loss. The more remotely tied to the loss, the less likely there will be proximate cause.

In essence, proximate cause seeks to answer the question “was the injury or loss suffered reasonably foreseeable when the defendant engaged in the conduct that breached the duty of care?” Let’s look at an example. Suppose you are driving a car and sending and receiving text messages at the same time. Because you are distracted, you miss a stop sign or red light and slam into the side of another car. It’s reasonably foreseeable that driving while distracted could cause you to be in a motor vehicle accident, so there will likely be proximate cause for any injury to the other driver, passengers or damage to the other vehicle. However, if the car you hit was being driven by a heart surgeon, who was on his way to perform open-heart surgery and he is unable to perform the operation, there may not be proximate cause for any injury sustained by the heart patient and/or his family, as that type of result was not reasonably foreseeable.

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 (201) 535-0323 or send us an e-mail.

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