The Personal Injury Lawsuit—Part Three

by

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?

by

Calculating-Damages-for-Pain-and-Suffering

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

by

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.

The Personal Injury Lawsuit – Part One

by

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.

Understanding Negligence: Causation

by

Understanding Negligence--CausationIn 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.

Can You Get Workers’ Compensation If You Are Paid “Off the Books”?

by

Can You Get Workers' Compensation If You Are Paid Off the BooksIt’s a fairly common practice across the United States—in an effort to reduce costs, many employers hire either undocumented aliens or offer to pay workers “off the books,” usually paying less than prevailing wage. The worker benefits by not having to claim the income for tax purposes. But what happens when a worker who is not on the company payroll suffers a work-related injury? If you are paid “off the books,” are you ineligible for workers’ compensation benefits?

Fortunately, the answer is no—an employer cannot avoid paying workers’ compensation benefits by paying an employee in cash or otherwise outside of payroll. You can receive workers’ compensation benefits in New Jersey regardless of your status as an employee, as New Jersey has only two requirements to qualify for workers’ compensation: you must have been injure and you must have been working for the company at the time of the injury (a true independent contractor may not pursue workers’ compensation payments).

If you were truly an independent contractor, you may be denied workers’ compensation benefits. However, more often than not, workers paid off the books qualify as employees, even when there’s a written agreement setting forth the terms of the independent contract. The workers’ compensation judge will look at the actual relationship. If the employer dictates schedules, assignments, provides equipment or exercises significant control over the worker on a day-to-day basis, the relationship will likely be construed as an employment relationship.

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.

Understanding Negligence: The Standard of Care

by

Understanding Negligence—The Standard of CareWhen you have been injured because of the wrongful act of another person, there are a number of legal theories that you can use to pursue compensation for your losses, but the most common claim is one based on an allegation of negligence. A lawsuit asserting negligence has three elements—components that you must prove to a court to successfully make a claim:

  • You must show that the defendant failed to meet the required standard of care
  • You must show that the breach of that duty of care “caused” the accident
  • You must show that you suffered actual loss as a result of the accident

This blog addresses the first component of a negligence claim—the standard of care.

First, it’s important to understand that most of the laws governing personal injury have developed under what is referred to as the “common law.” The common law, which originated in England and has evolved over centuries, is derived from the opinions of judges, rather than from statutes or written laws enacted by legislative bodies. In many instances, the judicial opinions further clarify or construe the statutory law, but much common law has evolved in the absence of any written code.

One of the fundamental duties that has arisen from the common law is the concept of a duty or standard of care as related to personal injury. Essentially, this rule holds that everyone has an obligation, in all their actions in society, to behave as a reasonable person. So, when you are driving a car, building a house, maintaining residential or commercial property, designing or manufacturing a product, or even engaging in leisure activity, it is expected that you will only do those things that a reasonable person would do. If your behavior is reasonable, you won’t be held responsible for any injuries another person suffers because of your conduct. However, to the extent that your behavior deviates from the accepted standard of care, you can be found financially liable.

Unfortunately, the law provides little guidance as to what constitutes “reasonable” behavior. Instead, it’s typically a factual determination to be made by a jury, and, accordingly, can vary from case to case. The jury has absolute discretion to determine what constitutes reasonable behavior and whether your actions fell within the definition.

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.

New Jersey Statute of Limitations on Personal Injury

by

When you’ve suffered injury because of someone else’s wrongful act, whether it’s the failure to perform according to the terms of a contract, or a lawsuit for injuries sustained in an accident, you have to file a claim for damages within a specific period of time or it will be barred. This rule, known as the statute of limitations, serves a number of purposes. It ensures that evidence doesn’t get lost and that witnesses don’t forget what they saw or heard. It also prevents a person from living for a long period of time with a potential claim hanging over his or her head.

The statute of limitations can vary from jurisdiction to jurisdiction and are typically different for various types of lawsuits. In New Jersey, the statute of limitations for personal injury—the time in which you must file your complaint— is “two years after the cause of any such action shall have accrued.” The statute covers cases involving injury and/or death, although the clock for filing a claim for a wrongful death does not start until the actual date of death.

There are, however, situations where your injury may not be readily apparent, or where symptoms don’t become apparent for months or even years. What happens then?

New Jersey, like many other states, applies the “discovery rule” with respect to when the statute of limitations starts to run on a personal injury claim. Under that rule, the clock does not start to move on the statute of limitations until “the injured party discovers, or by the exercise of reasonable diligence and intelligence should have discovered” the injury. Accordingly, if your injury took some time to develop or was not apparent through reasonable observation, you will have two years from the date that you first became aware of the injury.

Contact The Cintron Firm, LLC

For a free phone consultation to discuss your case, call 201-791-1333.

Recovering Medical Costs after a Car Accident in New Jersey

by Leave a Comment

In the aftermath of a motor vehicle accident, one of the first things you often worry about is how your medical bills will be paid. There are a couple ways this can be handled in New Jersey, depending on the type of automobile insurance policy you purchase.

In New Jersey, no-fault motor vehicle insurance is optional. If you choose no-fault coverage, you look to your own insurance provider to recover for any losses suffered in a collision. Your insurer will typically seek reimbursement of any amounts paid out from the at-fault party’s insurer, under a legal proceeding known as subrogation. But your insurer will reimburse you for all medical and other losses related to the accident.

But in New Jersey, though, unlike many other states with no-fault laws, you have the choice—you can select no-fault coverage or you can obtain a “traditional” policy of automobile insurance. If you opt for the traditional policy, you still have the right to sue the other party or the other party’s insurance provider directly.

In addition, there’s a provision in the New Jersey law that permits an injured motorist to file a personal injury claim directly against an at-fault driver or that driver’s insurance provider. If you can show that you suffered “serious injury” –defined under the statute to involve “dismemberment, significant disfigurement or scarring, displaced fractures, or the loss of a fetus—you will not be limited to pursuing a claim with your insurance carrier, but may file a civil lawsuit against the wrongdoer and/or his insurance company.

Contact The Cintron Firm

For a free phone consultation to discuss your case, call 201-791-1333.

Premises Liability in New Jersey

by

A Landowner’s Responsibility to Provide a Safe Environment

Premises Liability Law in New Jersey

In New Jersey, as in other states, a person or entity with control over residential or commercial property owes a duty to anyone legally on the property. The duty may be owed by an owner, landlord, tenant or property manager. As a general rule, the duty requires that reasonable measures be taken to identify any potentially dangerous situations, such as broken or cracked pavement or sidewalks, defective or dangerous flooring, slippery floors or other surfaces, or any conditions with steps, stairways, ramps, decks, rails, banisters or other property fixtures that might pose a risk of injury.

Under the law as it has developed in New Jersey, the owner/manager or property must reasonably monitor the premises identify any potentially dangerous situation. If there’s such a risk that the owner knows about (or should know about through the exercise of reasonable measures), the owner must:

  • fix the problem
  • prevent visitors from obtaining access to the area where the problem exists, or
  • provide reasonable notice of the risk of harm or injury

It’s important to understand that there is no absolute duty to ensure that visitors are not injured on your property. You must only act as a reasonable person would. The law does not define what a reasonable person is…that is ultimately up to a judge or jury.

The landowner’s duty will differ, too, based on the status of the visitor. There is no duty to a trespasser—someone on the property without legal permission or purpose. Legitimate visitors fall into two categories—invitees and licensees:

  • An invitee is someone expressly or impliedly invited on the premises by the property owner. The property owner owes an invitee the highest duty—to use reasonable care to keep the premises safe.
  • A licensee is someone who enters the property for his or her own purposes. The duty to a licensee is to remedy or warn of conditions that the licensee is not likely to have discovered on his or her own.

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 917-494-5695 to set up an appointment.

CASE EVALUTATION

Credit Cards Accepted :

LOCATION

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

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

Our additional locations are available
for all clients by appointment:

  • Middlesex County Office317 George Street
    Third Floor
    New Brunswick, NJ 08901
  • Essex County Office 28 Valley Road
    First Floor
    Montclair, NJ 07402

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.

© 2020 The Cintron Firm,LLC Attorneys at law All Rights Reserved.
Sitemap | Privacy Policy