What is Personal Injury Law

                    We've all seen many commercials that talk about "personal injury" lawyers. You might be wondering what, exactly is personal injury law? Basically, personal injury, also known as "Tort" law, protects you in case of accident or negligence. This includes emotional, as well as physical harm, but does not include property damage. The most common of these cases are traffic accidents, but personal injury also covers things like medical accidents, work accidents, wrongful death, tripping accidents, etc.; any time someone else's negligence causes injury to you. This can be a person, manufacturer, company, government, or any other entity. An example of a personal injury case would be if a reckless driver hits you at an intersection. A doctor administering the wrong dosage of a medicine, or neglecting to provide proper treatment is another. Manufacturers and designers can be held liable if they make a product that is overly dangerous with reasonable use. To make sure you have a solid personal injury case, you should always consult a qualified lawyer. If you decide to file a personal injury lawsuit, you are the plaintiff, and the other side becomes the defendant. Lawyers for both sides will then have the "discovery." They'll ask everyone involved questions (take depositions) gather pertinent facts, and exchange information on the case. At the end of this process, there will either be a settlement, or the case will go to court. The settlement means that the defendant agrees to compensate the plaintiff without going to trial, allowing them to not fully admit any wrongdoing, and avoiding the cost and time of a trial. Essentially, you would be accepting compensation in return for dropping the case and not holding the defendant liable in the future. If no settlement agreement can be reached, the case goes to trial. Personal injury cases are tried in civil court, not criminal court, since it is assumed there was no intent to injure. Any court case can take time, so be patient with scheduling, etc. At court, it will be decided who is responsible or "liable" for the accident or injury. A decision in your favor results in the judge and/or jury "awarding" you money for "damages." This is to compensate you for lost wages, medical bills, pain and suffering (both physical and mental) and for any disfigurement or disability the injury caused. The compensation can come in a lump sum or in a structured settlement that is paid over a set period of time. Jail time for the defendant is not an option; remember this is a civil, not criminal, matter. Finding a good lawyer is important to your process. While your insurance company may provide you with a lawyer, you should always look for yourself. Find out from friends, family, or research someone who has a good reputation and reasonable fees. All lawyers have to pass their state bar exam, and while not required; they can complete a personal injury specialty certificate through the American Bar Association. There are several ways for lawyers to take payment. Some are paid on a contingency basis, meaning they are paid only upon winning your case. There are also hourly rates, flat fees, and retainers. Many law firms will talk with you about your case the first visit for no charge.A physical or mental injury can cause numerous problems for you and your family. If you are involved in a significant accident or feel you have been a victim of negligence, you should consult a lawyer to find out if you need to file a personal injury lawsuit. Please do not take this lightly, there are lots frivolous suits that only serve to increase fees and take up the precious time of our nation's courts. But if you need help, there are many honest, reliable lawyers out there that will guide you through the process and get you the compensation you need.
               

               

DOES THE LAW AGAINST DISCRIMINATION PROHIBIT SEXUAL HARASSMENT BETWEEN PERSONS IN INDEPENDENT BUSINESSES;

The New Jersey Legislature enacted the Law Against Discrimination to end discrimination, including sexual discrimination.New Jersey Courts have interpreted the statute to prohibit sexual harassment, too. In the employment context, sexual harassment consists of two types of behavior: 1) quid pro quo sexual harassment occurs when an employer attempts to make an employee's submission to sexual demands a condition of employment; and 2) hostile work environment sexual harassment occurs when an employee is harassed, because of his or her sex, to a point where the working environment becomes hostile.In J.T.'s Tire Service, Inc. v. United Rentals North America, Inc., a recent decision, the Appellate Division considered the LAD scope in the context of two independent businesses. Plaintiff business sold commercial industrial tires to defendant national equipment rental company. Plaintiff's owner claimed defendant stopped buying tires because she resisted sexual advances made by defendant's branch manager. Defendant denied the claim and asserted that the LAD applied only in workplace situations and had no application where allegedly discriminatory conduct took place between employees of independent companies.The trial court granted defendant's motion to dismiss the Complaint.YOU BE THE JUDGE: Does the Law Against Discrimination apply to separate independent businesses?The Appellate Division reversed the decision of the lower court. It noted that the LAD prohibits refusals to do business with independent contractors based on age, sex or handicap. Plaintiff's claim was for quid pro quo sex discrimination so it was presumed that the conduct was committed because of the victim's sex. The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our law firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ho-ho-kus, Ridgewood, Allendale, North Caldwell, Hawthorne, Wayne, Butler, Pompton Lakes, North Bergen, West Orange and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.
               

               

What is personal injury law

Personal injury law encompasses a number of different areas of law. Most commonly, it refers to cases when a person suffered injury to their body due to the negligence of another. In some cases, the different areas of personal injury law will overlap. Some of the more common types of cases involving personal injury law include:Motor Vehicle Accidents. According to statistics of The National Highway Transportation Authority, more than 2 million people per year are injured in motor vehicle accidents, including more than 30,000 fatalities per year. Often the accident is caused by the fault of the injured driver. In a great many other cases, the party is injured due to the fault of a negligent driver, a defective piece of equipment on a vehicle in the accident, or a poorly designed or maintained road. A motor vehicle accident can therefore be caused through driver negligence, product liability or governmental liability. It will take an experienced personal injury attorney to determine the culpable party, as well as determine the best course of action and determine the best course of action for the injured party to pursue. Be sure the injury lawyer is experienced in motor vehicle accident cases.Medical Malpractice. Medical malpractice is the act of a medical provider failing to provide reasonable care under the circumstances, considering the experience and education of the provider and the locality in which the provider practices. In short, a medical provider is judged by what a reasonable provider would do under similar circumstances. A medical provider can be a doctor, nurse, technician, hospital, clinic or any other type of individual or entity providing medical assistance. Medical malpractice can range from failing to properly diagnose an ailment, failing to prescribe or over prescribing medications, failure to use due care during a surgical procedure, or neglecting to care for a patient. In more egregious cases, medical malpractice may derive from outright abuse of a patient in a care facility. Using an experienced medical malpractice attorney is a must, as medical malpractice cases are extremely complex, and are defended vigorously by the insurer for the medical provider. In addition, it is not always readily apparent who the negligent party is, as the average hospital patient will be seen by one or more physicians, numerous nurses, one or more technicians, as well as other medical personnel. When looking for a medical malpractice lawyer, be sure to choose one with a strong record of representing victims of medical malpractice.Products liability. A person can be injured through a negligently manufactured product, whether it be a household appliance, industrial machinery, food products or medicines. The liability in a products liability matter can derive from either the faulty design of the product or in the manufacture of the product. Often the manufacturer has failed to follow either government regulations or industry standards. An experienced products liability lawyer will be able to investigate the circumstances surrounding the injury and determine the best course of action for the client.