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Wrongful Death in New Jersey—An Introduction

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What Is Wrongful Death? Who Can File a Wrongful Death Action?

Wrongful Death in New JerseyWhen your loved one dies because of the carelessness or negligence of another person, you have the right to seek compensation for all your losses. In New Jersey, there are two different legal claims that arise after an accidental death—a wrongful death action and a survivor action. In this blog, we’ll look more closely at wrongful death claims.

What Is Wrongful Death?

Under New Jersey statute, a wrongful death is defined as one “caused by the wrongful act, neglect or default of another.” The factual circumstances typically must be such that the person who died would have had a valid personal injury claim if he or she had lived. However, because the person who suffered the injury is deceased, the claim must be brought by a third party on behalf of the decedent. Accordingly, a wrongful death claim is typically brought by the executor or personal representative of the deceased’s estate on behalf of surviving family members.

Who Can File a Wrongful Death Claim?

In New Jersey, even though the wrongful death claim must be filed by the executor or personal representative of the estate, any damages awarded will be distributed to family members or others, as set forth in New Jersey law. Such compensation may go to:

  • The surviving spouse, children and grandchildren of the deceased
  • Any surviving parents
  • Surviving siblings, nieces or nephews, and
  • Any other person who can prove financial dependence on the decedent.

There is, however, a hierarchy for the distribution of damages. The spouse and surviving children take priority—surviving parents are not entitled to any compensation unless there are no surviving children and no surviving spouse. Siblings, nieces and nephews receive no monetary award if there are surviving parents, children, grandchildren, or a surviving spouse.

Contact the Law Office of Howard D. Popper

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We take all wrongful death claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Slips-and-falls on Ice or Snow in New Jersey

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The Duties of Landowners to Remove Snow and Ice

Slips-and-falls on IceIt’s officially winter in New Jersey, and that means ice and snow. Unfortunately, ice and snow can also mean slips and falls, particularly when a property owner fails to clear sidewalks or other thoroughfares. Sometimes, though, snow or ice can come unexpectedly and leave the landowner little time to clear it. Does a property owner have an absolute duty to ensure that anyone legally on the property isn’t hurt in a fall on snow or ice? If not, what are the responsibilities of those who control residential or commercial property?

With respect to the first question above, the answer is “no.” The owner or person in control of residential or commercial property does not have an obligation to prevent every possible injury due to snow or ice. Instead, the duty requires only that the owner/controller act as a reasonable person would. Typically, that question is a factual issue for the jury. The jury may look at a number of factors when determining reasonableness:

  • Is there a history of accumulation of ice or snow where the accident occurred? Was it reasonable to expect that there would be a hazard?
  • How much time elapsed between the accumulation and the injury?
  • How much would it have cost to remedy the situation?

It’s also important to understand that the owner/occupier may opt to prevent access to the property, or to provide reasonable warning, instead of removing snow or ice.

Residential vs. Commercial Property

New Jersey applies a different standard to residential property than it does to commercial property. The owner/controller of residential property generally has no duty to remove accumulations of snow or ice, and it is therefore unusual for a person who slips and falls on ice or snow on residential property to recover damages. A residential owner generally is liable only if his or her actions made the hazardous situation worse.

With commercial property, there’s no requirement that the owner have actual knowledge of the accumulation, provided it is reasonably foreseeable that there could be such an accumulation.

Contact Us

To arrange a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will come to your home or the hospital when necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Is the Tailing Driver Always Responsible for a Rear-End Collision?

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Determining Liability for a Rear-end Accident

a Rear-End CollisionIf you’ve been hurt when someone crashed into the rear of your car, you’re not alone. According to statistics, nearly two million rear-end collisions happen every year in the United States. A common perception is that, because all drivers must pay attention to the road in front of them, the tailing driver always has the duty to act in a way that minimizes the risk of a crash. Under that theory, the tailing driver is always liable for a rear-ender. But that’s not accurate.

Negligence as Applied to a Rear-end Crash

Fault in a motor-vehicle accident generally is based on the legal principle of negligence. To successfully prove negligence, you must show that:

  • The defendant had a duty to act reasonably under the circumstances and breached (failed to meet) that duty
  • The breach of duty caused an accident
  • You suffered actual loss as a result of the accident

As a general rule, everyone in society has a duty to act reasonably in all pursuits, including the operation of a motor vehicle. There are a number of ways a motorist can fail to meet that standard when traveling behind another car on the road:

  • Operating the car at an unreasonable speed, such that it cannot be stopped in time to avoid an accident
  • Failing to monitor the road and traffic so as to be aware of hazards that might prevent proper braking (ice on the road or another motorist out of control, for example)
  • Failing to maintain brakes in working order
  • Failing to take weather conditions (rain, snow, or ice) into account

There also are ways the driver in front can be negligent:

  • Failing to keep brake lights in operating condition
  • Failure to maintain or use turn signals
  • Shifting the car into reverse without warning
  • Attempting but unexpectedly failing to execute a turn
  • Leaving the car in the middle of the road after experiencing mechanical difficulties

In any rear-end accident, the court can look at the conduct of both parties, evaluate whether one or both behaved negligently, and allocate liability accordingly.

Contact Us

To arrange a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will come to your home or the hospital when necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

The Burden of Proof in a Commercial Slip and Fall Case in New Jersey

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Which Party Has to Prove Its Case to the Judge and Jury?

The Burden of Proof in a Commercial Slip and Fall Case in New JerseyAs a general rule, in any case involving allegations of negligence or carelessness, the injured person—known as the “plaintiff”—must typically prove his or her case by the weight of the evidence. That includes slip and fall, or “premises liability” claims. The owner/controller of real property generally has a duty to maintain the premises so as to minimize the risk of injury to legal visitors, but it’s still the injured party that must show that owner/controller failed to meet the standard expected.

There is, though, a situation legally recognized in New Jersey where that burden shifts from the plaintiff to the defendant. It’s known as the “mode of operation” doctrine. Under this legal principle, which applies only to business or commercial premises, if the enterprise is one which, by its very nature, leads to a dangerous or hazardous condition on the premises, there will be a presumption that the owner/controller should anticipate such a condition, and therefore has “constructive knowledge” of it. Constructive knowledge essentially means that the owner/controller should have discovered the situation through reasonable means, such as regular monitoring of the property.

In such a case, if the plaintiff can show that he fell on because of hazardous conditions on the defendant’s property and that the “mode of operation” rule applies, there is a presumption that the owner/controller knew of the condition, which shifts the burden of proof to the defendant. The owner/controller may then introduce evidence indicating that his or her response to the hazardous condition was reasonable.

As a practical matter, the “mode of operation” rule is most often applied to businesses such as restaurants and grocery stores, where it’s deemed reasonable that the owners or operators should know about the likelihood of water or other slippery substances on the floor.

The New Jersey Supreme Court has ruled, however, that the “mode of operation rule” will only be applied in “limited circumstances”:

  • When the business offers self-service options, and
  • In those areas of the business where customers may exercise a self-service option

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

Slip And Fall Injury

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Slip And Fall InjuryWe offer full-service legal counsel to people who have been hurt while on someone else’s residential or commercial property, handling cases involving injuries sustained because of Icy or snowy conditions on steps, stairs, sidewalks or ramps and in parking lots, Call US at 973-993-8787 to schedule an appointment. Your first consultation is without cost or obligation.

Happy Thanksgiving 2019

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Happy Thanksgiving 2019

“Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don’t get what you expect.” – Victoria Osteen

How Much Is Your Personal Injury Claim Worth?

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The Factors that Affect the Amount of Your Damage Award

How Much Is Your Personal Injury Claim Worth?When another person acts carelessly and you suffer an injury, you have a right to seek fair and reasonable compensation for all your losses. Typically, in the aftermath of an accident, one of the first questions is “How much can I recover for my injuries?” Unfortunately, it’s extremely difficult to say, as a personal injury award is based on a wide range of factors. Here, however, are some of the criteria your lawyer (and the judge and jury) will use to assess the full measure of damages to which you may be entitled:

  • What kind of injuries you’ve suffered and the extent to which they will permanently impact your life—Will the injuries prevent you from working again? Will you need long-term care? Will you have unreimbursed medical expenses? Will you need to retrofit your home or car to accommodate your injuries? Will you have to give up activities that have brought you joy and fulfillment? Is there any permanent pain or other medical condition?
  • The extent to which the at-fault parties have insurance that will cover your losses—If there’s insufficient insurance, what are the potential avenues for obtaining compensation for all your losses?
  • Your credibility and the credibility of your witnesses
  • The extent to which you can provide a plausible explanation of the accident and your injuries to a judge and jury

Your total compensation will generally include what are known as “economic” and “non-economic” damages. Economic damages are easy to calculate—lost wages, unreimbursed medical bills, damaged property. Non-economic damages are typically more speculative or intangible—the monetary value of your pain and suffering or of no longer being able to do all the things you love.

In very limited situations, you may even be able to pursue what are known as punitive damages—an award specifically designed to punish the defendant for egregious behavior and dissuade others from engaging in similar conduct.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Your Options When You Are Hurt by an Uninsured Motorist

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Recovering for Your Losses When the At-Fault Driver is Not Insured (or Underinsured)

Your Options When You Are Hurt by an Uninsured MotoristThough New Jersey law requires that motorists carry a valid policy of insurance, it’s not uncommon for people to drive without coverage. Even when a motorist has some coverage, it may be insufficient to cover all your losses. What are the consequences if you are involved in a motor vehicle accident where the person who caused it either had no insurance or insufficient coverage to pay for all damages? Are you simply out of luck? Not necessarily.

Option #1—File a Claim against Your Own Insurance Company

It’s pretty common for insurance companies to offer what is known as uninsured/underinsured motorist coverage. It’s customarily in the form of an additional rider, with an additional fee. In the aftermath of a motor vehicle accident with an uninsured or under-insured driver, the first thing to determine is whether your policy carries such a provision. Don’t count on your agent to volunteer that information. You also may find the language of the policy a bit confusing. The best thing to do is hire an experienced lawyer to review your policy.

Option #2—Find Another Potentially Responsible Party

It’s fairly common that more than one person contributed to a crash. It may have been another driver—if so, you may be able to recover all your damages from that person, provided their degree of responsibility crossed a certain threshold.

Other potentially responsible parties include:

  • A person or establishment that served alcohol to the wrongful party, if you can show that it was negligent to do so
  • The owner of the vehicle (assuming the driver was not the owner) if you can show that the owner knew or should have known that the driver posed an unreasonable risk of injury to others
  • The designer, manufacturer, distributor or seller of the vehicle, if you can show a design or manufacturing defect caused the accident
  • The party responsible for maintaining the roadways, if you can show that the accident was caused by a failure to reasonably maintain the roads

Contact Attorney Howard D. Popper

To learn how we can help you with an uninsured motorist claim, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

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