In this series, we’re looking at what you must prove to succeed with a personal injury claim based on negligence. In an earlier blog, we looked at the duty of care. In a subsequent blog, we’ll examine the concept of “actual loss.” This blog looks at the requirement that there be a causal link between the defendant’s breach of duty and the accident that caused your losses.
When you have been hurt because of the wrongful actions of another person, you have a right to seek compensation for all your losses, from physical injury to property damage. Though you can always file a lawsuit to recover monetarily for the intentional or reckless acts of another person, most personal injury claims are based on allegations of negligence. Though it can seem obvious that your losses were caused by someone else’s conduct, there are three specific tests that must be met before a jury will award you damages:
- The defendant breached the duty of care
- That breach caused the accident
- You suffered actual losses as a result of the accident
Your loved one has died because of the carelessness or negligence of another person and the emotional upheaval is almost unbearable. But you’re also facing financial challenges…the costs of a funeral and burial services, the loss of the income or wages the deceased provided, and even bills for unreimbursed medical expenses tied to the accident. You have a right to seek compensation for your losses, but what can you expect to recover in a wrongful death action?
When the wrongful act of another person causes you any type of personal injury, you have the right to bring legal action to compensate your for any losses. Under New Jersey law, however, you must file your personal injury claim within a specific period of time or you risk losing your right seek damages.
There are two requirements to qualify for workers’ compensation benefits in the state of New Jersey—you must have been hurt and the injury must have been “work-related.” Some injuries suffered during a work break may not be compensable, and some injuries sustained while traveling may be excluded. See our blog on determining whether your injury was work-related—Part One.
To qualify for workers’ compensation benefits in New Jersey, you must demonstrate two things—that you were injured and that the injury occurred while you were “at work.” Often, there’s no real question that the injury was work-related—you suffer an injury in a workplace accident or you contract an illness caused by exposure to toxic substances at your place of employment. But there are instances where there may legitimate questions about whether the injury was work-related.
In the aftermath of a tragic accident, where a loved one has died, you can be paralyzed by grief and emotion. You know that you have a right to seek compensation for your losses, but you don’t know what your rights or how to initiate the process. Here’s an overview of wrongful death in New Jersey.
It’s no secret that working in the construction industry can be hazardous to your health. According the U.S. Bureau of Labor, almost 7 million construction workers are injured every year, and nearly 1,000 are killed in construction site accidents annually, whether it’s in falls from heights, falling objects, the malfunction of tools or equipment, or from poorly constructed or maintained ladders or scaffolding. When you’ve been injured on a construction site, what are your options?
If you ride a motorcycle, here’s one thing you want to make certain you have—the maximum coverage on your own motor vehicle insurance for uninsured motorist and underinsured motorist coverage.
What is Uninsured and Underinsured Motorists’ Coverage?
With almost every motor vehicle insurance policy, there’s an additional rider that can be purchased (for an additional premium) that provides additional coverage to you should be involved in an accident with a driver who either has no insurance or has limited insurance. [Read more…]