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Archives for December 2020
COVID-Related Medical Malpractice Claims
Can You Sue a Doctor or Medical Facility If You Contract the Coronavirus?
You may have taken all recommended precautions throughout the pandemic—maintaining social distance, wearing a mask, and washing your hands on a regular basis—only to be exposed to the virus while seeking medical care for something unrelated to COVID-19. Can you bring a medical malpractice claim against the healthcare professionals who exposed you to COVID-19, or against the hospital or facility where you sought treatment?
The Higher Standard in Medical Malpractice Claims
Most medical malpractice claims are based on a legal theory of negligence. To prove negligence, you must show that:
- the wrongdoer failed to use a reasonable amount of care;
- that failure caused an accident or exposure; and
- as a result of the accident or exposure, you suffered actual losses.
In most negligence-based claims, you must show only that the defendant’s behavior fell short of the standard of care reasonably expected of an “average person of ordinary prudence.” However, because of the importance of healthcare in our society and the specialized training medical professionals receive, the standard of care is different for medical malpractice claims. To succeed in a medical malpractice lawsuit, you must establish that the actions of the medical caregiver did not rise to the level of care that would have been provided by:
- a reasonably competent and skilled healthcare professional,
- with similar training and experience,
- working in the same medical community.
In most medical malpractice claims, the specific behaviors that meet the standard of care are established through expert witness testimony. Accordingly, a medical malpractice claim can be far more complex than other types of personal injury claims.
A number of states, including New Jersey, have enacted protections, either by statute or executive order, limiting the liability of healthcare facilities for COVID exposure.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a medical injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, and videoconference.
We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Automobile Accident Injuries Caused by a Drunk Driver
Evidence of Liability | Potential Sources of Recovery
According to data collected by the National Highway Traffic Safety Administration, about 7% of all traffic accidents in the United States involve consumption of alcohol,and approximately 15% of all traffic deaths are alcohol-related. If you or someone you love is injured by a drunk driver, you have a right to seek compensation in a personal injury lawsuit. In this blog, we look at what’s required to establish proof in such a personal injury claim and the various sources from which you might recover damages.
Proof of Fault
In the aftermath of an alcohol-related motor vehicle accident, there typically are two different legal proceedings—the criminal prosecution to determine penalties and a civil lawsuit to recover money damages for personal injury and property loss. A guilty plea or verdict in the criminal matter does not automatically translate to fault or liability in the civil claim. However, the fact that the defendant has been convicted can be introduced as evidence to establish fault or responsibility.
Potential Sources of Recovery
Under New Jersey’s no-fault auto insurance law, a person injured in a motor vehicle accident files a claim with their own insurance company, rather than seeking to recover from the at-fault motorist. In addition to the amount you can recover from your insurer, you also may have other potentially responsible parties from whom you can get compensation:
- Under New Jersey’s “dram shop” law, you can seek damages from an individual and/or establishment that served alcohol to the at-fault party, provided the person was “visibly intoxicated” when served or was under the age of 21. New Jersey also extends liability to “social hosts,” persons who host private events.
- You may have a claim against a municipality if the accident was caused in part by a roadway defect.
- You may have a claim against the designer or manufacturer of the car, or a component part of the car, if the wreck was caused in part by defective product design or manufacture.
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after an accident caused by a drunk driver, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.
We handle all wrongful death claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Mass Transit Accident Injuries in New Jersey
Can You Sue the Municipality for Driver Negligence or Failure to Maintain a Vehicle?
Though the pandemic has seen a marked decline in the number of people using public transportation, it remains an essential way for many to get to work and medical appointments or do necessary shopping. Though studies consistently show that traveling by bus, train or light rail is significantly safer than driving your own vehicle, there is still the risk you might be injured by a negligent driver or improperly maintained vehicle.
In the wake of most motor vehicle accidents, an injured person may file a lawsuit against any party with potential liability. The same generally holds true with respect to mass transit accidents, but there are some differences when one of the defendants is a municipality or other public entity.
Sovereign Immunity and the New Jersey Tort Claims Act
Until 1972, a governmental body could not be sued due to the legal concept of sovereign immunity. Officials rationalized this principle by arguing that without such immunity, the government would be continually defending itself in court and couldn’t dedicate its full efforts to serving citizens.
In 1972, however, the New Jersey legislature enacted the New Jersey Tort Claims Act, which set forth both the limited instances in which a governmental body can be sued, as well as the procedural requirements involved in such legal action:
- As a general rule, you can bring an action against a public entity if you would have had a claim, based on the circumstances of the accident, had the wrongdoer been a private individual.
- Damages for pain and suffering are limited, and you cannot recover from the government for losses covered by insurance
- Unlike other personal injury claims, where you have two years to file a claim, you must file a claim against a governmental body within 90 days of the accident
Contact the Law Office of Howard D. Popper
For a free initial consultation to discuss your options after a mass transit accident injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message or videoconference.
We handle all wrongful death claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
