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Does Negligence Require Knowledge?

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Can You Recover Damages if the Defendant Didn’t Know of the Potential Danger?

Does Negligence Require Knowledge? When you have been hurt because of the wrongful act of another person, you have a right to file a legal claim to recover compensation for your losses. Though you can always bring a claim against someone who intentionally caused you harm, it’s far more common that your claim will based on a legal theory of negligence, where the wrongful behavior was not intentional, but simply contrary to what a reasonable person would have done under the circumstances. Can a defendant successfully claim that he or she “didn’t know” what constituted “reasonable behavior”? Can a defendant successfully claim that he or she didn’t know that the circumstances posed a danger or risk of injury?

Negligence and Knowledge

Negligence claims are based on what is commonly referred to as the “reasonable person” standard. Accordingly, the question for the jury is typically not what the defendant actually knew, but what a reasonable person should have known, given the facts and circumstances. Under such a standard, a defendant typically cannot claim that he or she didn’t know fundamental truths that are commonly understood by others in the community. For example, a defendant will likely be unsuccessful with a claim that he didn’t know the dangers of driving in excess of the speed limit during winter weather conditions.

Conversely, if a reasonable person would not have known about the potential risk, lack of knowledge may constitute a valid defense.

The Concept of Strict Liability

Under the concept of strict liability, a person may be found liable for injuries caused by certain activities, regardless of knowledge or lack thereof. Strict liability is customarily established by statute, and applies to activities, such as the sale or manufacture of explosives or fireworks, or the harboring of potentially dangerous animals. In cases governed by strict liability laws, an injured party need only show that the defendant engaged in the activities set forth in the statute.

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 any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

Compensation for “Pain and Suffering” in a New Jersey Personal Injury Lawsuit

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What Types of Losses Are Covered? How Much Can You Recover for Pain and Suffering?

Compensation for “Pain and Suffering” in a New Jersey Personal Injury LawsuitWhen you’ve been hurt in any type of accident in New Jersey, as a consequence of the carelessness or negligence of another person, you have the right to file a legal claim to recover for all losses sustained in the accident. That includes both tangible, or “economic” losses, as well as more subjective, or “non-economic losses.” Among the most common non-economic losses for which compensation may be awarded are those for “pain and suffering.” What does pain and suffering cover? How much can you reasonably expect to recover for pain and suffering?

What Is “Pain and Suffering and What Does It Cover?

In New Jersey, the term “pain and suffering” refers to both physical discomfort and emotional anguish arising as a consequence of an accident. The physical discomfort may include aches, pains, burning, itching, loss of mobility or flexibility, loss of use, amputation or permanent scarring or disfigurement. Emotional pain and suffering can take the form of depression, anxiety, shame, loss of sleep or other mental distress.

When allocating a value to a plaintiff’s pain and suffering, the court will typically look at a variety of factors:

  • The ways in which the injury limits, alters or changes the plaintiff’s day-to-day routine or activities
  • The extent to which the injury affected the plaintiff’s relationships with others, both at home and at work
  • The impact the pain and suffering have on sleep patterns, mobility issues or other lifestyle activities

How Much Can an Injured Person Expect to Receive as Damages for Pain and Suffering?

Unlike many states, New Jersey does not have a statutory limit on damages for pain and suffering, so the amount available will vary from case to case, typically based on the nature of the injury, the severity of suffering and the culpability of the at-fault party. New Jersey is, however, a modified comparative fault state, so an injured party must be less than 50% responsible for causing the accident in order to recover any compensation.

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 any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

Alcohol-Related Motor Vehicle Accidents in New Jersey

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Your Options When You Have Been Injured in a Wreck Caused by a Drunk Driver

Alcohol-Related Motor Vehicle Accidents in New JerseyAccording to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), approximately one of every three motor vehicle accidents across the United States involves a drunk driver. Under New Jersey law, if you have been hurt in a car wreck caused by an intoxicated driver, you may be able to bring legal action against the business or person who provided the alcohol, under New Jersey’s “dram shop” or “social host” liability laws.

What Is a Dram Shop Law?

So-called “dram shops” are commercial establishments that sell alcoholic beverages. Bars, taverns, restaurants and package stores that sell or serve beer, wine and liquor are generally covered under New Jersey’s dram shop laws.

What Is the Potential Dram Shop Liability in New Jersey?

Under New Jersey statutes, a party may be liable under dram shop laws under the following circumstances:

  • He or she served or sold alcohol to a person who was visibly intoxicated at the time of sale or service, or to a person that the vendor knew or should reasonably have known was under the age of 21 at the time of sale or service
  • The person to whom the alcohol was sold or served caused an accident while under the influence of the alcohol served

What Is Social Host Liability?

Social host liability potentially applies when a private individual serves alcohol to a person who subsequently causes an accident while under the influence of that alcohol. In New Jersey, to be liable under a legal theory of social host liability, the person serving the alcohol must have:

  • Observed the person who caused the accident as visibly intoxicated, or
  • Served the person who caused the accident under circumstances that created an unreasonable risk of harm to person or property

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 any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

Statutes that Can Affect a New Jersey Slip and Fall Claim

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Written Laws that May Limit or Prevent a Premises Liability Claim

In New Jersey, the owners or persons in control of residential and commercial property have certain duties with respect to persons who legally enter the premises. If you have been injured on someone else’s property because of the breach of a legal duty, you can generally seek compensation for your losses. There are, however, a couple of statutes that can limit or even prevent your recovery for injury and loss.

What Is a Statute?

As a general rule, there are two sources for all laws governing society: the common law and statutory law. The common law comes from the opinions rendered by judges in cases before them. Statutes are written laws enacted by a legislative body. Many of the laws governing liability for slips and falls (premises liability) come from the common law.

What Statutes Potentially Affect a Slip and Fall Claim?

There are two statutes that may limit or bar a premises liability claim:

  • The statute of limitations—The statute of limitations identifies the time period in which a lawsuit to recover damages for a personal injury must be filed. In New Jersey, personal injury lawsuits (including slip and fall claims) must generally be filed within two years of the date of the accident. The statutory period may, however, be extended if you were reasonably unaware of any injuries until a later date.
  • The comparative negligence statute—Under the comparative negligence statute, you can still recover compensation if you were partially at fault for your injuries, but may not recover anything if you were more than 50% responsible.

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 slip and fall injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all premises liability claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Damages for Pain and Suffering in New Jersey

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Recovering Compensation for Physical and Emotional Trauma

Damages for Pain and Suffering in New JerseyIn New Jersey, when you’ve been hurt because of the wrongful or careless acts of another person, you have the right to ask a court to award you damages for any losses or injuries. Some of your losses will be easy to calculate. You can quickly and accurately determine the full amount of lost wages or any medical expenses not covered by insurance. Other injuries are less tangible and, consequently, harder to compute, such as loss of enjoyment of life, loss of companionship or consortium, and pain and suffering.

How Does the Law Define Pain and Suffering?

Though “pain and suffering” can seem self-explanatory, it’s important to understand everything that it includes. First, it’s important to understand that it encompasses both physical and emotional discomfort, distress, aches or soreness, and that it includes both traumatic and chronic pain, both past and future. It can also be used to describe physical or mental conditions that limit the length of your life, or result in permanent scarring or mental challenges, such as anxiety or depression.

How Does a Jury Determine the Monetary Value of Pain and Suffering?

Because these damages are intangible, juries may take a couple different approaches:

  • The jury may calculate the total amount of economic damages—lost wages, property damage and medical expenses—and multiply it by a certain factor, usually between one and ten, For example, if total economic damages are $100,000, a jury may multiply it by 1.5 and award $150,000 in compensation for pain and suffering.
  • The jury may attempt to determine a “reasonable” amount of compensation for pain and suffering, based on how serious the injury is, how severe the pain is, how frequent the pain is experienced, and other factors

In New Jersey, unlike many other states, there is currently no limitation on the amount of compensation that may be awarded for 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 any type of accident or injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

What Losses Are Recoverable in a New Jersey Personal Injury Lawsuit?

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What Can You Be Compensated for after an Accident?

What Losses Are Recoverable in a New Jersey Personal Injury Lawsuit?In New Jersey, when you have been hurt in any type of accident caused by the wrongful act of another person, you have the right to file a lawsuit seeking damages for all your losses. What does that cover? What types of injury or loss can you expect compensation for as part of a jury award?

The Different Types of Losses that Can Be Recovered in a New Jersey Personal Injury Action

When you file a complaint in civil court based on personal injury, there are six different types of losses for which you can potentially be reimbursed or receive compensation:

  • Lost wages or income—If your injury limits your ability to work, or prevents you from working, either temporarily or permanently, you have a right to recover any income lost as a result. If your injuries prevent you from working in the future, you can typically recover compensation for wages you would have earned until a reasonable period of retirement.
  • Unreimbursed medical expenses—If you require medical care that is not covered by insurance, you can ask a jury to award you compensation to cover any costs associated with that treatment
  • Physical pain and suffering—As the term suggests, this is compensation for temporary or chronic pain or discomfort caused by the accident
  • Loss of companionship or consortium—Loss of consortium is typically defined as the loss of affection, aid, society and intimacy with a spouse. Loss of companionship is broader, encompassing the loss of love, affection, care, comfort and protection that would otherwise have been received.
  • Loss of enjoyment of life—As a general rule, loss of enjoyment of life refers to an injured person’s inability to derive satisfaction, enjoyment or comfort because they can no longer engage in things they were able to before the accident
  • Property damage—You have a right to recover for the loss of property, or the loss of value in property, caused by an accident

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 injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle ALL injury cases on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

What Is Loss of Enjoyment of Life in a Personal Injury Lawsuit?

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What Is Loss of Enjoyment? What Factors May a Jury Consider?

What Is Loss of Enjoyment of Life in a Personal Injury Lawsuit?In New Jersey, when you have suffered injury and/or loss because of the carelessness or negligence of another person, you have a right to seek compensation for both liquidated and unliquidated damages. Liquidated damages are those that are tangible and easy to calculate, such as lost wages, unreimbursed medical expenses and property damages. Unliquidated damages, which are often the largest measure of damages, are those losses that are less certain and more difficult to calculate, such as pain and suffering, loss of consortium or companionship, and loss of enjoyment of life.

What Is Loss of Enjoyment of Life?

In New Jersey, the law allows an injured person to seek compensation for the “loss of enjoyment of life,” which is commonly defined as loss of the ability to pursue “normal pleasure and enjoyment.” This measure of damages is intended to represent the monetary value of being deprived of the ability to engage in the activities of a whole (and uninjured) person. It may include the simple activities of daily life, such as participating in social events with family and friends. It can also include loss of the ability to enjoy hobbies or recreational activities, to travel, to engage in volunteer work or to pursue a career.

When calculating the amount of compensation for loss of enjoyment of life, a jury may consider a wide range of factors, such as:

  • The injured party’s age
  • The hobbies and other activities the plaintiff participated in before the accident
  • Any family responsibilities of the injured party
  • The nature and seriousness of the injury
  • The anticipated duration of any disability or inability to engage in activities

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 personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

Who Can File a Claim for Loss of Consortium in New Jersey?

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Qualifying for Compensation after the Loss of a Family Relationship

In the aftermath of an accident, particularly when no one has died, there’s a tendency to look only at the losses suffered directly by the injured party—lost wages or income, unreimbursed medical expenses, physical pain and suffering, and the temporary or permanent loss of the ability to do the things you love to do. But accidents affect family members as well.

Some of those losses can be recovered in a lawsuit filed by the injured party. For example, any lost financial support will typically be a part of the injured party’s award. But there are also losses sustained only by family members—the loss of companionship and guidance, as well as the loss of comfort, society and marital relations, commonly referred to as “loss of consortium.”

What Is Loss of Consortium?

Loss of consortium involves the inability to engage in or enjoy the benefits of a family relationship, including affection and sexual relations, due to injuries sustained in an accident. The injuries may include amputation or paralysis, scarring or disfigurement. Any pain caused by or connected to an injury may also be the basis for a claim of loss of consortium.

Who Can File a Claim for Loss of Consortium in New Jersey?

In New Jersey, an injured party may always sue for loss of consortium. Additionally, the legal spouse of the injured person may also have a claim, but the parties must have been married at the time of the accident. Persons cohabitating with the victim have no right to claim loss of consortium.

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 personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

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.

Does New Jersey Set Limits on Personal Injury Damage Awards?

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Is There Any Cap on the Amount You Can Receive in a Personal Injury Lawsuit?

Does New Jersey Set Limits on Personal Injury Damage Awards?Over the past few decades, insurance companies and defense lawyers have waged a continual campaign to set caps on damage awards in personal injury lawsuits, often providing misleading information that suggests that damage awards are frequently excessive or out of control. Many state legislatures, capitulating to these powerful lobbies, have set artificial limits on the amount a jury may award an injured person, irrespective of their actual losses. Does such a limit exist in New Jersey? What can you expect to recover from a jury in New Jersey if you have suffered serious or catastrophic loss because of someone else’s injuries.

Damages for Personal Injury in New Jersey

In New Jersey, as in other states, there are essentially two types of damages (compensation for losses) available in a personal injury lawsuit: compensatory damages and punitive damages. Compensatory damages are tied to a specific loss, which may be economic or non-economic. Economic losses are those are tangible and easily calculated, such as medical expenses or lost wages. Non-economic losses are less tangible, and may involve physical pain and suffering, loss of companionship, and loss of enjoyment of life.

In New Jersey, there is no limit on either compensatory damages or punitive damages, but punitive damages are rare. As a general rule, compensatory damages are available when you can show that the injured party was negligent. Punitive damages, on the other hand, require that you prove that the defendant’s behavior was egregious, or with reckless disregard for the value of human life.

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 personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Can You File a Personal Injury Lawsuit and a Workers’ Compensation Claim for the Same Injury?

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Third Party Claims for Workplace Injuries | When Are They Available?

Can You File a Personal Injury Lawsuit and a Workers' Compensation Claim for the Same Injury?When you have been hurt on the job, your first course of action will typically be to file a workers’ compensation claim. But the benefits you receive from work comp will be fixed, based on your average weekly wage over the last year. Even though workers’ compensation will cover all reasonable and necessary medical expenses, it may not be enough to cover all your losses. Can you file a personal injury lawsuit in court to recover additional damages? In certain circumstances, you can.

Third Party Actions after a Workplace Accident

Workers’ compensation benefits are intended to compensate you for injuries caused by your employer or a co-worker. In such situations, the benefits available through a work comp claim will typically be your “exclusive remedy.”

However, if any of your injury or loss stems from the wrongful acts of an unrelated third party, you can bring a lawsuit against that party in civil court for any losses you have suffered. For example, if you were injured because of a dangerous or defective product—a tool, machine or piece of equipment—you can bring a product liability claim against the designer, manufacturer, wholesaler or retailer of that product.

Furthermore, claims against third parties for workplace injury can be brought simultaneously with a workers’ compensation claim. You cannot, however, recover for the same losses in both proceedings. If workers’ compensation pays your medical bills, you cannot recover damages for them in the civil proceeding.

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 injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

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