What is Negligence?

In simple terms, negligence refers to the failure to act in a reasonable manner. When a person fails to adhere to the standard of care that an ordinary person should, their behavior is termed as “negligent.” When another person suffers harm due to such negligence, the negligent person can be made legally liable for the damages caused. To prove negligence in a personal injury lawsuit, it must be shown that:

  • The defendant owed a duty of care toward the victim,
  • The defendant breached a such duty of care,
  • The damage, harm, or injury suffered by the victim was a result of such breach of care by the defendant.

    • If no damage was suffered by the victim, then he or she may not be able to file a personal injury claim. Further, even if the victim suffered harm but no duty of care was owed to him or her by the defendant, the victim may not be able to claim damages from the defendant.

    Often, accident victims wonder “will I be able to find a personal injury lawyer near me?” If that is your concern too, contact our law office today to learn more about your legal rights.

    How is Liability Determined in a New Jersey Personal Injury Claim?

    To prove liability in a personal injury claim, it must be shown that the other party acted with recklessness or carelessness. To get monetary compensation, it must be shown that the victim suffered damages due to such recklessness. Thus, proving causation is important to proving liability in a personal injury case. It must be shown that the accident would not have happened if not for the defendant’s negligence.

    For example, a car driver owes a duty of care to other travelers on the road and is required to drive safely. If the driver indulges in distracted or drunk driving, loses focus and control of the car, and as a result, causes an accident, he or she will be liable for the injuries caused to the other party.

    On the other hand, even if the driver was drunk, a personal injury claim cannot be filed against him or her if he was not driving negligently and the accident happened due to some other reason such as poor road conditions. Further, if the victim was also at fault for the accident, the damages payable may be reduced.

    If you have been injured due to a negligent person’s fault and are thinking “can I find a personal injury lawyer near me” who will help me with determining liability, contact the Sekas Law Group today for a free consultation.

    New Jersey’s Comparative Negligence Rule

    Sometimes, both parties may be at fault and the accident might be a result of the negligence of both the plaintiff and defendant. Under New Jersey law, the “modified comparative negligence” rule is followed to determine the damages payable to the victim.

    When calculating damages, the relative fault of each party is considered. If the at-fault party is at 60% fault or more, the injured party can recover full damages from them. This means that even if the plaintiff was at fault, there is no total bar to recovery. However, under this law, the victim’s fault should not exceed the fault of the person against whom the personal injury claim is filed. For example, if in a car accident, where you were overspeeding and the other party ran a red light, if the jury believes that the overspeeding is a bigger cause of the accident than running the red light, you might not be able to sue the other party for the injury sustained by you.

    Thus, to be able to recover damages in a personal injury claim in New Jersey, the victim should not be at more than 50% fault for causing the accident.

    If you want to file a personal injury claim but are confused regarding your contribution to the accident, you might be thinking “can a personal injury lawyer near me help me with my case?” At the Sekas Law Group, our team of compassionate lawyers can successfully help you navigate your personal injury case.

    Common Types of Accidents Covered Under Personal Injury Law

    Alcohol-Related Accidents

    If one gets injured due to an intoxicated person’s negligence, they can file a personal injury claim for the injuries sustained. Such claims can be for drunk driving accidents, dram shop liability, negligent security, and assaults.

    Bicycle Accidents

    Bicycle accidents may occur due to the negligence of another driver, poor roads, defective bicycles, and even bad weather conditions. If an accident occurs, bicycle riders can suffer devastating injuries including brain and spinal cord injuries. If you have been injured in a bicycle accident and are looking for a brain and spine injury lawyer, get in touch with us today.

    Burn Injuries

    Burn injuries may occur due to improper handling of flammable chemicals and objects, hot machinery, defective electric products, cigarette smoking, vehicle fires, and explosions at construction sites. These injuries can have disastrous physical, financial, and emotional consequences.

    With the help of our catastrophic injury lawyers, the victims of burn injuries can fight for the rightful compensation they deserve.

    Bus Accidents

    Bus accidents can harm bus passengers as well as other drivers and travelers on the road. The damage and injuries caused by a bus accident are usually more severe than car collisions. Victims can file a claim against the bus driver or their employer depending on the facts of the case.

    If you are the victim of a catastrophic bus accident, contact our law firm today and get a free consultation with our experienced catastrophic injury attorneys.

    Car Accidents

    Car accidents are the most common types of auto accidents. These accidents may occur due to a variety of reasons including intoxicated driving, texting while driving, speeding, and ignoring traffic rules. If you have been injured in a car crash and are looking for the best car accident attorneys, consider contacting our law firm today.

    Our team of best car accident attorneys can help you navigate your car accident claim and get the compensation you deserve. If you are looking for a top car accident attorney, contact us today and get a free consultation to know more about your legal rights.

    Motor Vehicle Accidents

    Motor vehicle accidents are one of the leading causes of preventable-injury-related fatalities in the United States. These accidents include double-decker bus accidents, school bus accidents, distracted driving accidents, intersection accidents, medical transport accidents, motorcycle accidents, pedestrian accidents, rear-end accidents, school vehicle accidents, taxi accidents, and Uber/Lyft accidents.

    These accidents can cause property damage, severe injuries, temporary or permanent disablement, and in some cases, even death. Those who suffer due to someone else’s negligence on the road can file a personal injury claim to recover compensation from the negligent party. If you have been injured in a motor vehicle accident and are wondering “how to find a personal injury attorney near me”, consider contacting the best auto accident attorney at the Sekas Law Group.

    Construction Accidents

    Common types of construction accident claims include claims for burn injuries, chemical exposure, construction site deaths, crane accidents, harness malfunction cases, machinery accidents, and scaffold accidents. If you have suffered injuries in a construction accident and are thinking “can a personal injury lawyer near me help me with my case,” contact our expert construction accident attorneys today for a free consultation.

    Dog and Animal Bites

    Dog and pet owners can be made liable for the injury and damage caused by their animals. Like most states, New Jersey follows the “strict liability” rule when it comes to dog bites. This means that even if the dog owner took reasonable care to protect others from his or her dog, he or she can still be made liable for the injuries caused by the dog.

    Truck Accidents

    Truck accidents are inherently dangerous and often cause life-changing injuries and major property damage. Victims involved in tractor-trailer accidents, 18-wheeler accidents, and semi-truck crashes may be eligible to file a personal injury lawsuit to get compensation. However, truck accidents are complex as they involve multiple parties. Often, these parties and their insurance companies try to shift the blame to other parties to reduce their share of the liability.

    If you are looking for the best truck accident attorney in New Jersey, consider contacting our team of highly experienced accident injury attorneys to learn more about your legal rights.

    Medical Malpractice

    When a doctor or health care provider is negligent or fails to comply with the applicable standard of care, they become liable for the harm caused to the patient. Common types of medical malpractice errors include delayed diagnosis or misdiagnosis, prescribing incorrect drugs, and failure to treat.

    In New Jersey, a two-year time limit applies for filing a medical malpractice claim. Further, the plaintiff must provide an “affidavit of merit” to the defendant from an “appropriate licensed person.” It is a good decision to contact a medical malpractice lawyer as soon as possible rather than filing a case when the time limit is about to expire. This helps in collecting and preserving the requisite evidence and reduces the chances of tampering.

    Medical malpractice cases are more technical and complex than other types of personal injury causes. This is because they involve medical terminology, investigation of technical procedures, expert testimonies, and stricter deadlines. Pursuing a medical malpractice claim takes a lot of time, effort, and money. To maximize the chances of winning the rightful compensation, the victim should contact a medical malpractice lawyer as soon as possible.

    Our team of skilled and competent medical negligence lawyers works closely with the victims to understand their cases, do a thorough investigation, and build the correct legal strategy. Contact our medical negligence lawyers today and get a free consultation to know more about your legal rights.

    Premises Liability

    When the owner or manager of a property fails to take appropriate care to ensure a safe environment for the visitors to their property, they may be held liable for the injury caused due to their negligence.

    Premises liability attorney can file for negligent storage of drugs, sidewalk trips and falls, snow, and ice accidents, slip and falls at shopping centers or stores, unsafe stairs, and lack of or negligent security.

    If you have been injured on someone else’s property and want to learn more about your legal rights to claim compensation, contact our premises liability attorneys today for a free consultation.

    Products Liability/Defective Products:

    The manufacturer of any product has a “duty of care” to ensure that the products are safe for the consumers and will not cause them harm. Manufacturers and sellers of defective or harmful products may be held liable if any injury is caused to the consumer due to such defect.

    Some common examples of product liability claims include claims for airbag defects, car seat defects, consumer products, defective brakes, defective drugs, defective household goods, defective tires, farming machine accidents, gas tank explosions, industrial machine accidents, seat belt defects, and lead paint poisoning.

    Under the New Jersey Product Liability Act, a consumer may file a product liability case for a defective design, manufacturing defect, or failure to warn. However, filing a product liability claim requires a thorough investigation of all the technical facts and issues surrounding the product. Further, most manufacturers and sellers have strong legal teams by their side who fight aggressively to deny or reduce their claims.

    At the Sekas Law Group, our team of experienced product liability lawyers works closely with experts and technicians to build a strong case and prove liability for the defective product. If you have been injured by a defective product, contact us today for a free consultation to understand your rights and file a product liability claim.

    Professional Negligence

    Professionals such as lawyers, bankers, auditors, accountants, engineers, and doctors owe a duty to exercise reasonable care while providing their professional services. If the professional omits to adhere to such duty of care, they become liable to their client for their negligence, whether willful or not. Often, professional negligence results in financial loss.

    Professional negligence claims can be filed for engineering malpractice, legal malpractice, medical malpractice, and police/fire department negligence. For example, a legal professional may be held liable for missing court deadlines or limitation dates and missing out on important records. Similarly, medical malpractice attorneys can help you with filing a claim against a negligent doctor if you suffered a medical malpractice injury.

    Our law firm has a successful track record of securing the rightful compensation for our clients who are victims of professional negligence. Contact our firm today for a free consultation with some of the best personal injury attorneys in New Jersey.

    Workplace Injuries

    Workplace injuries occur more frequently than one might assume them to. Workplace injury claims may be filed for injuries due to construction accidents, driving accidents, falls at work, mechanical injuries, occupational injuries, overuse injuries, electric shocks, railroad worker injuries, and warehouse claims.

    While most workplace injuries are covered under workers’ compensation, the benefits received may not be sufficient to cover all the damages sustained by the employee, particularly if the injury results in death or permanent disablement.

    In most cases, an employee may not be eligible to sue an employer for a workplace injury. However, they can file a personal injury claim against a “third party” for negligence. With the help of experienced lawyers for injury at work, employees may file a “third-party” lawsuit.

    “Third-party” lawsuits for a workplace injury can be filed against the owner of the unsafe property, independent subcontractors, site management companies, and manufacturers of defective products. In most cases, the compensation recovered from a third-party lawsuit for a workplace injury is much greater than the money awarded under workers’ compensation benefits.

    But filing a third-party lawsuit for a workplace injury can be a tricky matter. Proving the liability of a third party can be challenging as it requires a comprehensive evaluation of all the facts and evidence available. If you have suffered an on-the-job injury, our workplace accident injury attorneys can successfully help you with evaluating your legal options and understanding your rights.

    Wrongful Death

    In some unfortunate cases, injuries due to someone else’s negligence are so severe that they cause the death of the victim. The death may be on-the-spot or the victim may later succumb to the injuries sustained. Regardless of when the death occurs, the survivors can file a case against the person whose negligence caused the death of their loved one.

    The survivors may be eligible to get compensation for loss of financial support, loss of companionship, loss of household services, and funeral expenses. Wrongful death lawsuits are complicated and determining the value of damages in such cases is complicated. Expert testimonies are required to evaluate the economic and other losses caused to the survivors.

    Nursing home injuries, boating accidents, and playground injuries are some other types of common personal injury cases.

    Evidence Required In a Personal Injury Claim

    Generally, the following types of evidence are used while investigating a personal injury case:

    • Medical reports
    • Police report
    • Expert testimonies
    • Witness testimonies
    • Lost wages documentation
    • Bills and receipts of all expenses
    • Photos and videos of the physical evidence including damaged vehicle, injury photos, and damaged property.

    The evidence is obtained through a legal process known as “discovery.” It includes depositions, requests for production, and interrogatories. If you have been involved in a personal injury claim but have this question in your mind: “will I find a personal injury lawyer near me who will guide me through the evidence collection process”, contact our law firm today.

    What Kind of Damages Are Awarded In a Personal Injury Claim?

    Damages refer to the monetary compensation that is given to a plaintiff in a successful personal injury claim. To receive damages, the plaintiff must be able to show that the other party was at fault and breached the standard duty of care owed to the victim. The amount of damages awarded generally depends on the extent of the injuries, degree of fault, and other surrounding circumstances.

    The damages one may receive include: economic, non-economic, and punitive. If you filed a personal injury claim for your injuries, you may be eligible to recover the following types of damages from the at-fault party and/or their insurance company.

    Economic Damages

    The damages that are quantifiable can be recovered as economic damages. These include compensation for:

    • Medical bills including costs for doctor visits, therapies, hospital stays, ambulance rides, caregiver costs, specialized medical equipment at home, and other related expenses. Medical costs are awarded for the present as well as future medical expenses.
    • Compensation for lost wages if a person is unable to attend work due to the injuries. Compensation is also awarded for the leave taken to visit doctors or undergo medical tests.
    • Compensation is also awarded for temporary or permanent disablement resulting from accident injuries.
    • Compensation for property damage such as damage to valuables inside the car.

    Non-Economic Damages

    Non-economic damages are awarded for damage that is not easily quantifiable. They take into account the pain and suffering including the physical pain, mental stress, and emotional trauma the victim suffers. Non-economic damages may also be awarded for loss of companionship and loss of enjoyment of life.

    Punitive Damages

    Although awarded rarely, punitive damages are awarded when the victim shows extreme recklessness or intentional negligence on part of the defendant. They are awarded to punish the at-fault party for their malicious and careless behavior.

    However, it is important to remember that the victim’s share of the damages may get reduced if they also contributed to the injury. If you have suffered harm due to someone else’s negligence, it is natural for you to wonder “can a personal injury lawyer near me help me get the fair compensation I deserve?”

    The answer is, yes. At the Sekas Law Group, we work hard in a relentless manner until our client gets the rightful compensation they deserve. We never ask our clients to settle for less. We are even ready to go to court and fight aggressively if a settlement is not reached.

    How Long Will My Personal Injury Case Take To Settle?

    Though there is no straight answer to this question, it can be said that a personal injury case may take anywhere between a few weeks to a few months to settle. If the case goes to trial, it may even take a few years to settle. Each case is unique and the facts surrounding the case may vary greatly.

    If you are the victim of a personal injury claim, it is natural for you to wonder “Can a personal injury lawyer near me tell me about my case’s timeline?”

    The time taken to resolve personal injury claims generally depends on the extent of injuries, complexity of the case, number of parties involved, amount of damages claimed, and the kind of evidence available.

    Early Settlement

    If there is significant evidence available to prove liability or if there is a clear-cut case of negligence, the settlement between the victim and the insurance company may happen in the early stages. In such cases, after a demand letter is sent by a personal injury lawyer, the insurance company may settle soon. Usually, in such scenarios, the case gets settled within one to two months.

    Prolonged Negotiations

    If multiple parties are involved, or if the parties are not able to mutually agree to the settlement amount, negotiations may take longer. The negotiations may also get prolonged when parties challenge the evidence or when the facts are complex and open to different interpretations. Hiring expert witnesses, preparing for discovery, and determining liability consumes more time in such cases. If the negotiations get prolonged, a settlement may take more than a year to happen.

    Personal Injury Lawsuit

    If the parties are not able to settle on a mutually agreeable amount, the case may go to trial. From the filing of the initial claim, till the lawsuit decision is settled, it may take anywhere between 1-4 years to settle a personal injury case.

    However, the victim should always remember that the length of the process should not impact their decision to fight for the rightful and fair compensation they deserve. A quick settlement may look tempting initially, however, it may be substantially lesser than the amount that can actually be recovered. Further, once a settlement is made, the victim is then legally barred from taking other legal actions under the settlement terms.

    Therefore, to ensure that your injury claim does not get unnecessarily delayed, it is important to consult an accident injury attorney. As the victim of a personal injury lawsuit, you might think “how will I find a reliable personal injury lawyer near me” who will keep me informed about my case status?

    At the Sekas Law Group, we keep our clients updated with all the important updates related to their case and ensure that their claim moves swiftly.

    How to Deal With Insurance Companies After An Accident?

    Victims should avoid jumping at the first offer made by the insurance company. Insurance adjusters may seem to be friendly and may start calling you soon after the accident. However, one must always remember that they are concerned about the insurance company’s interests, not the victim’s.

    Victims should not make any statements relating to their fault and the damage or injury degree. They should also avoid negotiating a settlement on their own. Insurance companies deal with such claims daily, but the victim does not. The victim might not even be aware of all the damages that he or she can receive. Insurance companies may even tell the victim that hiring a personal injury lawyer will be a long and costly affair. However, the victims should not believe such statements and rather have an injury attorney by their side to negotiate.

    If you have suffered injuries in an accident, it is likely that insurance companies are trying to contact you to settle. An obvious thought in your mind could be “Can I find a personal injury lawyer near me who will negotiate on my behalf?” Contact the Sekas Law Group today to get help from our lawyers who are expert negotiators and can deal with insurers on your behalf.

    If the victim wants to position himself or herself to obtain the maximum settlement possible from the insurance company, he or she should consider having a personal injury attorney by their side. An experienced personal injury lawyer knows the exact negotiation tactics used by insurance companies and will tell you if the amount offered is fair or not. A personal injury attorney can also guide you about the next legal steps that can be taken if the settlement amount offered is too low.

    If you are looking for the best injury attorney who can successfully help you with dealing and negotiating with insurance companies, consider contacting our law firm today.

    How Long Do I Have to File a Claim with a Personal Injury Attorney?

    Subject to some exceptions, any person who suffers injury due to another person’s fault, has a time period of two years from the date of the accident to file a personal injury claim against the other party. However, exceptions may apply in medical malpractice and other negligence cases where the time period of two-years starts from the date when the injury could have or should have been discovered by the victim.

    However, the victim should try to file a personal injury case as soon as possible and avoid delaying their claim. A delay may show to the court that you are not serious about your injuries. Sometimes, it becomes difficult to collect evidence if the filing is delayed.

    With the help of our best injury lawyers, the victims of personal injury cases can file their claims within the statutory time limit as required under the law. If you are thinking “where can I find a personal injury lawyer near me”, consider contacting an injury lawyer at our law firm today for a free consultation.

    What Should I do After Suffering An Injury?

    If you have suffered injuries in an accident caused due to someone else’s negligence, consider taking the following steps:

    Seek Medical Attention

    Getting proper and immediate medical treatment after sustaining injuries is very important for a full recovery. Sometimes even if there are no visible injuries, one must still visit the doctor to find out if there are any internal wounds or bodily injuries.

    Exchange Information

    If possible, try to exchange information with the party who caused the accident. The other party may be another vehicle’s driver, a property owner, or a construction site contractor. Try to collect the following information:

    File a Police Report

    One must always file a police report after an accident and obtain a copy of the report from the police. It acts as a strong piece of evidence when the claim is filed.

    Gather and Preserve Evidence

    If possible, try to take photos and pictures of the accident and the injuries. Preserve all medical records including hospital bills, medical bills, diagnosis reports, X-ray reports, and other documents. If there are any witnesses at the scene of the accident, try to get their contact information as well. Note down any other important details related to the accident that is still fresh in your mind. When the time comes, share all the evidence with your injury lawyer.

    Carefully Report the Accident to Your Insurance Company

    Most insurance companies require reporting an accident within a specified time period. However, avoid making any admissions of fault or downplaying your injuries without first talking to an attorney.

    Avoid Speaking to the Other Party’s Insurance Company

    Soon after the accident, the victim may start receiving calls from the at-fault party’s insurance company. They might offer a quick settlement and ask you to accept their offer. However, this offer is generally much lower than what the victim can actually get by filing a personal injury claim with the help of an accident injury lawyer.

    Also, the victim should altogether avoid making any statements to the other party’s insurance company. These statements may be later used against the victim to lessen the amount of compensation. With the help of an experienced accident injury lawyer, the victim can negotiate fair compensation with the insurance companies as these companies take the matter more seriously only when a lawyer gets involved.

    Contact a Personal Injury Attorney

    If you have suffered an injury due to another person’s negligence, contact a personal injury attorney as soon as possible. Having an injury attorney by your side right from the beginning of the case will ensure that the case proceeds swiftly and in the right direction.

    Steps Involved In Filing A Claim with an Injury Attorney

    After suffering injuries and getting involved in an accident, a victim may feel overwhelmed with the legal, medical, and financial consequences that follow. If you have suffered harm due to someone else’s recklessness, consider contacting a personal injury lawyer as soon as possible. With an injury lawyer by your side, you can focus more on a healthy recovery and leave the worry of obtaining the rightful compensation to your injury lawyer.

    Generally, the following steps are involved in the personal injury claim filing process:

    Whether you are looking for medical malpractice attorneys or the best personal injury lawyers, contact the Sekas Law Group today for a free consultation for your personal injury claim.

    Proving liability in personal injury claims can be challenging. After getting injured, the first question that may come to the victim’s mind may be “how will I find a personal injury lawyer near me?” At the Sekas Law Group, we handle personal injury cases in both New York and New Jersey. Through our offices in Nutley and Englewood Cliffs, NJ, and New York City, NY, we serve clients throughout both states.

    Sekas Law Group, LLC, is proud to serve New Jersey and New York, providing professional legal services to personal injury victims and their loved ones. Contact our law office online or call us at (201) 816-1333 or (212) 695-7577 to discuss your case during a consultation if you have been injured in an accident. Discover for yourself why we are a leading personal injury law firm in New Jersey and New York.