Third Party Liability for Motor Vehicle Accidents

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Can Someone Other than the Driver Be Responsible?

Third Party Liability for Motor Vehicle AccidentsWhen you’ve been injured in a motor vehicle accident, the first place you typically look to recover for your losses is the at-fault driver. But what if that person is uninsured or underinsured? Are there other avenues that you can pursue, so that you can get full and fair compensation for your losses? There may be.

In any personal injury lawsuit based on negligence, you must show three things:

  • That another person failed to act reasonably under the circumstances
  • That the failure to behave reasonable caused an accident
  • That you suffered actual losses because of the accident

Accordingly, it may be possible to seek and recover damages from persons other than the driver of the other vehicle, provided you can demonstrate a breach of the duty of care and a causal link to your injuries. Here are some of the most common instances where third party liability may be established:

  • Respondeat superior—This legal doctrine allows you to seek damages from the employer of a person causing an accident, provided the employee was in the course of employment at the time
  • Vicarious liability—Under this principle, the owner of a car may have liability for an accident caused by someone who borrowed the vehicle, or a parent may have liability for an accident caused by a teenage driver
  • Dram shop or social host liability—If the other driver was intoxicated, you may have a claim against the individual or establishment that served the alcohol
  • Product liability—If the crash was caused by a dangerous or defective automotive design or part, you may be able to bring legal action against the designer, manufacturer, distributor or retailer
  • Danger or defective roadway—If there was loose gravel, water/ice on the road, or a pothole that caused the accident, you may be able to sue the municipality responsible for maintaining the road

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

Should You Accept a Settlement from Your Insurance Company?

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The Importance of Consulting an Attorney Immediately after an Automobile Accident

Settlement from Your Insurance CompanyWhen you’ve sustained an injury because of the carelessness or negligence of another motorist, it’s customary to contact your insurance provider to help cover your losses. In states like New Jersey, with its no-fault auto insurance laws, you are required to work directly through your own insurance provider. Don’t be surprised, either, if your insurer comes to you pretty quickly and offers you a certain amount of money to resolve your claim. They may tell you that they’ve thoroughly investigated the accident and determined that that’s the full amount of your coverage. In some instances, they may simply send you a check.

Before you sign anything, including the check, you want to consult with an attorney. Why? Because insurance companies are for-profit entities, and they make their money by minimizing the amount they pay for claims. Accordingly, they may offer you significantly less than your claim is worth (or than you’ll actually incur in losses). Once you’ve accepted the settlement, you may have waived the right to compensation for any further losses.

With an attorney, it works the other way around. Your attorney has a vested interest in maximizing your recovery, as he or she will typically receive a percentage of whatever you recover. Both the insurance company and your attorney will have a much better idea of the total potential losses than you will. The insurer, though, has no incentive to disclose to you that some of your injuries may take weeks or even months to heal, and can severely hamper your life in the interim. Your lawyer, though, will know what to expect and can make certain that any potential settlement takes into account all potential losses.

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

What Happens If You Were Partially Responsible for Your Injury?

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Understanding Comparative Negligence in New Jersey

wrongful actsWhen you’ve been hurt because of the careless or wrongful acts of another person, you have a right to seek monetary compensation for your losses. But what if you were also negligent or careless? Suppose another person is exceeding the speed limit in a car, but you fail to stop at a stop sign. If they had been traveling at an appropriate rate of speed, they would have been able to stop in time. If you hadn’t run the stop sign, the accident would not have occurred. Can you still seek damages for your losses?

Though it hasn’t always been the case, the good news is that you can still pursue compensation for injuries suffered in an accident, even if you helped cause the mishap. There are conditions, however. Here’s how it works.

Like all other states, New Jersey has replaced the common law doctrine of contributory negligence with comparative negligence. Under the principle of contributory negligence, any wrongdoing or carelessness on the part of an injured person prevented recovery for any injuries sustained. Unfortunately, in practice, the concept was often harshly applied, with grossly negligent defendants escaping liability by providing evidence of minimal carelessness by an injured person.

Under the comparative negligence approach, the court will determine the total amount of an injured person’s losses, and then reduce that by the degree to which the injured person was responsible. Two forms of comparative negligence have developed:

  • Pure comparative negligence, where the injured party always receives something, unless the jury finds him/her fully responsible
  • Modified comparative negligence, where the injured party only receives compensation if his or her negligence does not cross a certain threshold, typically 50%.

New Jersey is a modified comparative negligence state.

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

What You Can Expect When You’ve Been Charged with Domestic Violence in New Jersey

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Protecting Your Rights When You’ve Been Accused of Domestic Abuse

Domestic AbuseLike most states, New Jersey takes a tough stance when someone makes allegations of domestic violence or abuse. More often than not, if police are called to the scene, someone will be taken into custody. Under the law, if there’s any physical evidence of injury, police officers are required to make an arrest. However, a police officer may take a suspect into custody based solely on the statements of the purported victim, even though there’s no physical sign of violence or abuse.

If you are arrested, the police officer must notify you of your rights under the Miranda ruling. In addition, law enforcement officers must prepare a written report whenever they are called to the scene of a domestic dispute.

A domestic violence complaint may be filed, though, without calling police. A person who believes that he or she has been the victim of domestic abuse may file a complaint in the New Jersey family courts (the complaint must be filed in the county in which the abuse occurred or where one of the parties resides). Once the complaint is filed and the victim meets with a probation officer and someone from the state’s battered women’s program, the case goes to a judge/domestic violence hearing officer, who will make a determination as to whether or not the allegations fall under the definition of domestic violence. If the judge rules that they do, a temporary restraining order (TRO) will be issued, limiting the alleged perpetrator’s contact and access to the victim. The victim must advise local law enforcement of the existence of the TRO.

Once the TRO is in place, the court must schedule a final hearing, where both parties will be allowed to give testimony. The final hearing must take place within 10 days of the issuance of the TRO. At that hearing, the judge will decide whether to put a Final Domestic Violence Restraining Order (FRO) in place, and, if so, what the terms of that order will be.

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 Different Types of Damages in a Personal Injury Lawsuit

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Personal-Injury-Lawsuit

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

The Personal Injury Lawsuit – Part One

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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

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

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Our main office is located in Bergen County.
the address is:

25 East Salem Street, Suite 400, Hackensack, NJ 07601

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for all clients by appointment:

  • Middlesex County Office317 George Street
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With offices in New Brunswick, Hackensack and Montclair, The Cintron Firm offers advice and legal counsel to clients throughout Northern New Jersey, including communities in Bergen County, Essex County, Morris County, Hudson County, Passaic County, Middlesex County, Hackensack, Bogota, Lodi, Wyckoff, Fair Lawn, Newark, Livingston, Passaic, Paterson, Jersey City, Union City, North Bergen, Morristown, Randolph, Franklin, South Orange, East Orange, Orange, Nutley, Morris Plains, Cedar Knolls, Denville, Belleville and Bloomfield.

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