Memorial Day 2021: Remember & Honor
Archives for May 2021
Liability Standards for Personal Injury
Negligence vs. Strict Liability | What’s the Difference?
Most personal injury claims are based on a legal theory of negligence. To prove negligence, you must show that the defendant failed to act as a reasonable person would, and that their failure led to an accident that caused you to suffer actual losses. Under the law, certain activities are considered to be so inherently dangerous that anyone engaging in those activities assumes potential liability for any resulting injuries. The principle of “strict liability” applies to cases involving injuries caused by such dangerous activities. The activities covered by strict liability are specified in a state statute.
In strict liability cases, you don’t have to prove negligence, i.e., that the defendant’s actions were unreasonable. You need only show that the defendant engaged in a type of activity covered by the state strict liability statute and that you suffered injury as a result.
The following are among the actions to which strict liability applies:
- Use and sale of fireworks
- Harboring a vicious animal, including a dog—New Jersey takes a strict liability approach to dog bites. In New Jersey, an owner may be liable if their dog bites someone, even if the dog was not known to be vicious.
- Claims involving certain dangerous products
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related motor vehicle accident, 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 personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.
Work-Related Car-Accident Injury Claims
Can You Get Workers’ Compensation? Is It Your Only Recourse?
In New Jersey, when you’re hurt on the job, you have a right to file a workers’ compensation claim. But workers’ comp benefits typically cover lost wages and medical expenses. What about compensation for physical pain and suffering caused by the accident? What if you have to give up activities you love because of your injuries? Do you have any other options when workers’ compensation doesn’t cover all your losses?
Can You File for Workers’ Compensation Benefits If You’re Hurt in a Car Accident at Work?
In New Jersey, there are only two requirements to qualify for workers’ comp: you must show that you have been injured and that your injury was work-related. Motor vehicle accident injuries are generally covered by workers’ compensation, with a couple exceptions:
- You cannot recover benefits for injuries suffered on your way to or from work (unless you deviated from your normal route to do something for work); and
- You cannot recover for injuries sustained when you leave work for a lunch break or non-work-related appointment.
Is Workers’ Compensation Your Only Remedy for a Work-Related Car-Accident Injury?
That depends. Workers’ compensation benefits are intended to cover losses caused by the carelessness or negligence of your employer or a co-worker. Accordingly, if you’re hurt in a car wreck caused by someone other than your employer or another employee, you have a right to file a personal injury claim in civil court. In fact, you can file a workers’ comp claim and a personal injury lawsuit simultaneously, though you cannot recover twice for the same losses. For example, if your medical expenses are covered by workers’ compensation, you cannot recover them again in a personal injury lawsuit.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related motor vehicle accident, 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 online 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.
Determining the Value of a Car Accident Injury Claim
What Can You Expect to Recover? What Factors Affect How Much You Get?
When you’re hurt in an auto or truck wreck caused by the carelessness or wrongful act of another person, you have the right to file a legal claim to recover compensation for your losses. What types of losses can you seek to recover in a personal injury lawsuit? What factors will be used by the court to determine how much you receive?
The Legal Basis for a Motor-Vehicle-Accident Claim
When you file a lawsuit to recover for losses suffered in an accident, you must explain why you believe the defendant (the person you want to pay for your injuries) is responsible. As a practical matter, most personal injury claims are based on allegations of negligence or carelessness. Accordingly, the first factor a court considers when calculating a damage award is fault. Can you prove that the defendant’s conduct was unreasonable and that it caused the accident in which you were injured?
A related concept is comparative fault. What if you were also careless, and your carelessness contributed to causing the accident? The court then must determine the extent to which the defendant caused the accident and the extent to which your actions contributed. It will assign a percentage of fault to each party. The court will look at the total amount of your losses and reduce any damages you recover by your percentage of fault.
The Actual Losses You Suffered
In a personal injury lawsuit, you can recover only for actual losses. If your injuries were covered by insurance, or covered in some other fashion, you cannot recover them again.
The damages available in a personal injury lawsuit fall into two general categories: economic and non-economic. Economic damages include those types of losses that can be precisely calculated, such as unreimbursed medical bills, property losses notcovered by insurance, and lost income. Non-economic damages are less concrete and include loss of enjoyment of life (the ability to do the things you love), loss of companionship or consortium, and physical pain and suffering.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related motor vehicle accident, 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 online 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.
