The Cintron Firm, LLC Blog

Gathering Evidence with a Deposition

March 4, 2022 by The Cintron Firm

What Is a Deposition? How Does It Work?

In a personal injury lawsuit, once the complaint has been filed, the judge will typically hold a meeting to learn a little more about the case and, typically, encourage the parties to explore settlement options. If no settlement is forthcoming, the judge will also establish a “discovery” schedule, identifying the amount of time the parties have to gather evidence in preparation for trial.

One of the common ways that attorneys accumulate evidence is through depositions. What is a deposition? How is it used in a personal injury lawsuit?

What Is a Deposition?

A deposition is a meeting, usually held in the office of one of the attorneys in the case, where attorneys for all sides have an opportunity to ask questions of a particular witness, including one of the parties. The proceeding is somewhat formal, with a court reporter typically present to create a written record of all questions and answers. As a general rule, the lawyers who requested the deposition will ask their questions first. Attorneys for other parties may then generally take turns examining the witness (asking questions).

The rules of evidence still apply at a deposition, but there’s no judge present to rule on admissibility or exclusion of evidence. Accordingly, if a party objects to a question, the objection must be stated verbally and must be put into the record. In most instances, though, even though there’s an objection, the deposition continues and the witness is expected to answer the question. If the question or answer violates the rules of evidence, the parties can bring the matter to the court before trial, so that the judge can exclude the introduction of the evidence at trial. In limited situations, such as where answering fully would force a witness to disclose privileged information, the witness may choose or be instructed not to answer.

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.

Establishing Cause in a Personal Injury Claim

February 1, 2022 by The Cintron Firm

What Must You Show to Prove Negligence?

In our last blog, we looked at the standard of care in a personal injury lawsuit, examining the requirement that an injured person show that the defendant failed to act as a reasonable person would under the circumstances. That’s the first components of a successful personal injury claim. The plaintiff (person seeking monetary compensation for losses) must then show that the breach of the standard of care (the failure to act as a reasonable person) caused an accident that resulted in actual losses.

How Do You Show that Someone Caused an Accident?

Under long-established principles of personal injury law , there are two types of causation that an injured person must prove: actual cause and proximate cause.

Actual cause, also known as “but for” cause, requires that the injured person show that the accident would not have happened if the defendant (person from whom compensation is sought) would have engaged in “reasonable” behavior. For example, if the defendant had been travelling at the speed limit, had looked both ways before turning, or had properly maintained his or her property, the accident never would have occurred.

Proximate cause seeks to limit the consequences of careless behavior by making a defendant responsible only for those losses that were “reasonably foreseeable” as a consequence of negligence. A defendant won’t be held accountable for absolutely every loss that can be remotely tied to his or her carelessness. The determination of whether an accident was “reasonably foreseeable” will be determined by the jury, on a case-by-case basis.

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Establishing Negligence in a Personal Injury Claim

January 6, 2022 by The Cintron Firm

The Standard of Care When You Seek Damages for Personal Loss

When you have been hurt in any type of accident caused by the carelessness or wrongful act of another person, you have a right to pursue compensation to cover your injuries and losses. Ideally, you can recover full and fair compensation from an insurance company, or negotiate a settlement that meets your needs. You may, however, need to take your case to trial to get the outcome you want and need. If so, what do you need to show to fully recover for your losses?

The Legal Standard of Negligence

Though you can always file a lawsuit to recover damages based on another person’s intentional acts, as a practical matter, most personal injury claims are based on a legal theory of negligence. To prove negligence, you must demonstrate that:

The defendant (person from who you seek compensation) failed to exercise the required “standard of care”
As a result of that failure, the defendant “caused” an accident
Because of the accident, you suffered actual losses

The Standard of Care in a Personal Injury Claim

In New Jersey (and across the United States), to recover compensation for a personal injury, you must first show that the defendant breached the duty of care. Under the law, every person in society has a duty to act as a “reasonable person” would in all situations, whether while driving a car, maintaining property, designing and manufacturing a product or engaging in any other behavior. While the law does not specifically define what qualifies as “reasonable” behavior, it is generally considered to be that in which an “average person of ordinary prudence” would engage.

The determination of breach, therefore, is made by the jury on a case-by-case basis. Because of the principle of stare decisis (“let the decision stand”), which compels juries to give weight to prior decisions on similar matters, there is a fair amount of consistency in the determination of whether the standard of care has been breached.

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Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2021 by The Cintron Firm

We are sending holiday cheer to you in the hopes that you and your family have a very Merry Christmas and a healthy New Year.

As we look forward to 2022 we humbly pray that the new year brings a new sense of peace and joy as we enter the new year ready for a return to normalcy and prosperity.

Merry Christmas & Happy New Year

New Jersey Personal Injury Claims, Part Four

December 1, 2021 by The Cintron Firm

Selecting and Instructing the Jury

In this series, we have looked more closely at the legal process during a personal injury lawsuit, from the filing of the original complaint through the gathering of evidence, from the pre-trial rulings on admissibility of evidence to the process for dismissing certain claims. In this last installment, we look at two of the key components of the trial—the selection of jurors, and how the jurors apply the facts to the law to render a verdict.

Voir Dire—The Selection of Jurors

Once all pre-trial motions have been heard and resolved, and the case is set for trial, the first task is to choose those individuals who will serve on the jury. The legal term for this is “voir dire.” Though the process can vary in minor details from court to court, the process typically goes like this:

Individuals (usually registered voters or persons with drivers licenses) are notified by mail that they have been selected for potential jury duty, and are told to appear at the court on the day the trial starts
In some courts, those individuals are asked to complete a questionnaire, which may be used for purposes of screening
Groups of potential jurors are called into the courtroom, where they may be asked questions by attorneys for either party or by the judge
Either side may challenge a potential juror for cause, should the juror indicate that he or she cannot be impartial. Most courts allow for an unlimited number of challenges for cause.
Either side may exercise a certain number of “peremptory” challenges, where cause does not need to be stated
The judge will rule on whether any challenges will be granted

Instructing the Jury about the Law

In the American legal system, the judge is the arbiter of law and the jury is the finder of fact. The principal task of the jury is to determine which version of the facts meets the burden of proof. However, once that determination has been made, the jury must apply the finding of fact to the law and render a decision.

Because the jury cannot be expected to know the rules of law, they must be guided, so that they can make the proper decision. If the trial goes to the jury, the judge will typically instruct attorneys for both parties to prepare proposed instructions of law. The judge may hear oral arguments regarding those instructions, and will have final authority over the precise language that goes to the jury.

Customarily, those instructions are provided to the jury in an “if-then” format—”If you find the facts to be X, you must apply the law as follows and must make the following ruling.”

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 Thanksgiving

November 25, 2021 by The Cintron Firm

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

November 1, 2021 by The Cintron Firm

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.

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Happy Halloween!

October 29, 2021 by The Cintron Firm

New Jersey Personal Injury Claims, Part Two

October 19, 2021 by The Cintron Firm

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.

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

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