Ewing New Jersey Personal Injury Lawyers
Proudly serving all of New Jersey
Legal Counsel for Ewing Residents
A century of growth and development has turned Ewing Township into a defining aspect of the state of New Jersey. The township was founded by European colonists in 1699 as part of the Hopewell Township. Since then, the area became Trenton Township, and then finally became what it is known by today in 1834, when it was renamed in honor of Chief Justice of the New Jersey Supreme Court, Charles Ewing. Today, Ewing Township is home to over 35,000 people and holds The College of New Jersey, New Jersey State Police headquarters, and New Jersey Department of Transportation. With so many aspects of the state housed in one township, Ewing has become a vital part of modern New Jersey.
Personal Injury Law in New Jersey
With close to 10 million residents, the risk of injury is always there in New Jersey. Although it is impossible to reverse an accident, the state’s personal injury laws provide a way for those injured to be “made whole” again. For the most part, relief for the injuries caused by an accident comes in the form of financial compensation, also known as “damages”. The following are important state laws and concepts to understand when it comes to personal injury cases in New Jersey.
State Negligence Laws
With respect to filing a civil claim in New Jersey, the legal definition of negligence is the failure to exercise a reasonably expected degree of care, which minimizes the risk of harm to another. Negligence, per se, is the cause of an injury to another person by failing to act as a reasonable party should.
Statute of Limitations in New Jersey
Every state has placed its own limits, referred to as a “statute of limitations”, on the amount of time a claimant can bring a case forward after being injured. Depending on the type of case being presented, a different deadline will apply. The statute of limitations for personal injury cases in New Jersey allows an injured person a maximum of two years to file the case. The time usually begins on the day in which the accident occurred.
A failure to adhere to the statute of limitations will likely result in an invalid case. The right to obtain financial compensation will be lost at this point unless there is an allowable exception that will effectively extend the deadline. It is very important to understand that filing a personal injury claim against a government agency will mean that the claim must adhere to a different statute of limitations. In many cases, this means that the claim will have a shorter filing period.
Comparative Negligence Rule in New Jersey
In certain personal injury claims, the defendant of the claim may argue that the claimant is responsible for the accident, or is at least to a certain degree. If the claimant does in fact share responsibility for the accident, this can affect the total amount of compensation he or she may receive.
When there is shared fault in personal injury cases, the State of New Jersey follows what is known as the “modified comparative negligence rule”. Essentially, this means that if the case goes to court, the amount of financial compensation received will be reduced by the amount equal to the percentage found at fault for the accident. When found to be over 50 percent responsible for causing the accident, the claimant will no longer be eligible to collect anything from other at-fault parties.
The “Choice No-Fault” Auto Insurance System
The “choice no-fault” system only applies to car accidents in New Jersey. Although everyone who registers a car for operation is required to obtain auto insurance, auto insurance carriers have the option to select between “basic” or “standard” auto insurance coverage.
Under the “basic” policy, an injury claim made after an auto accident must be filed under the injured party’s own coverage, irrespective of who caused the auto accident. This personal injury protection coverage, also known as PIP, will not cover monetary compensation for non-economic losses, such as loss of quality of life or pain and suffering. PIP, however, will expedite the monetary compensation of most out-of-pocket expenses caused as a result of a car accident.
With personal injury protection coverage, an injured person will only be able to step out of the coverage policy and file a personal injury claim against the at-fault party when the victim has suffered significant scarring, a loss of fetus, loss of a body part, a displaced fracture, significant disfigurement, permanent injury, or death.
New Jersey’s Strict Liability for Dog Bite Cases
According to the New Jersey Revised Statutes §4:19-16, dog owners are held strictly responsible when their pet bites and injures a person. Based on this statute, the dog’s past behavior is not relevant. When the dog has attacked and bitten a person while in a public space or legally in a private location, including the dog owner’s private residence, the dog owner will be held accountable for the injuries caused. Although most states will protect dog owners from liability when the case is the first time their pet has bitten another person, the State of New Jersey will not. Instead, dog owners are held accountable for the damages caused even if the dog owner had no reason to believe his or her pet posed a threat to anyone.
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With more and more people coming to live in Ewing Township, the likelihood of various accidents occurring to its residents continues to increase. A personal injury is often a shocking and unexpected event that no one would wish for, but the actions of reckless or negligent people can often harm others. When a person is harmed by another’s negligence or oversight, the victim may seek compensation for pain and suffering, injury expenses, hospital costs, or loss of life enjoyment.
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Many personal injuries are the result of car accidents, and many are caused by distracted driving, drunk driving, driver fatigue, and forms of unsafe driving. The negligent driving increases the likelihood of injury or death due to a car accident, and as such, reckless drivers can be held legally accountable. The car crash attorneys of Lependorf & Silverstein, P.C. have experience handling a variety of car accident cases.
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Workplace injuries are a common occurrence, affecting the lives of many workers every year, with a large percentage happening in the industrial, electrical, and construction fields. Employees who suffer an injury or illness while performing their jobs are meant to be supported by workers’ compensation. However, some claims may be denied or not fulfilled properly.
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Devastating injuries including broken bones, spinal cord damage, and brain trauma happen every year from unexpected slip-and-fall accidents. When property owners or those in charge of maintenance fail to respond to hazardous conditions in a timely manner, he or she may be held accountable by those injured due to their negligence. Trip-and-fall accidents happen often, but can be avoided when those in charge take care of their property.
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Legal Counsel and Representation
The personal injury attorneys at Lependorf & Silverstein, P.C. have the experience needed to successfully represent our clients after years of protecting the rights of accident victims. We work to achieve success in all forms of personal injury cases and represent our clients as best as we possibly can by taking the time to get to know them before the trial begins. Call us today at (609) 240-0040 for a free consultation.
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