Assumption of risk is a defense that the defendant can use to prevent a plaintiff from recovering, or diminish a plaintiff’s right to recover, against a negligent defendant. The defendant must show that the plaintiff willingly and knowingly assumed the risk of the behavior in which he or she was engaging at the time of…

Negligence per se is a doctrine of the law that states that an act is considered to be negligent because it is in violation of a statute or regulation. In order to prove negligence per se, the plaintiff is required to show that the defendant acted in violation of the statute; the statute calls for…

Yes, under two circumstances. One such circumstance transpires when the person who witnessed the injury was in the so-called zone of danger, so that they were in danger of harm themselves and suffered emotional distress. The other valid situation arises when there is a family relationship involved between the bystander and the individual who has…

When an individual has suffered an injury due to the wrongdoing of another person, the injured party’s spouse may have grounds for what is known as a loss of consortium. A loss of consortium essentially refers to the spouse being deprived of sexual relations, but it can also refer to the loss of other marital…

A grand jury is a body of people, usually numbering 16 to 23, who are selected to sit permanently, for at least one month and sometimes one year, to hear a criminal case and decide if it should proceed to trial. A grand jury decides whether there is strong enough evidence to hand down an…

Generally speaking, the proceeds from most personal injury claims are not taxable under federal or state law. However, there are limited exceptions to the nontaxable rule, including the following: damages resulting from a breach of contract in which the breach of contract is the basis of the lawsuit; punitive damages; and damages resulting from emotional…

A statute of limitations is essentially a deadline, a law that restricts the maximum time after an event that legal proceedings can be initiated. The statute of limitations varies from state to state, including those pertaining to personal injury cases. In both New Jersey, the statute of limitations dictates that you must file a personal…

A trial jury, also known as a petit jury, is composed of six to 12 members and decides whether a defendant injured a plaintiff in a civil case or committed a crime as charged in a criminal case. Defendants have the right to appear, testify and call witnesses on their behalf before a trial jury,…

Through the action known as an additur, a judge may, at his or her discretion, increase the amount a jury has awarded in a lawsuit. In the case of an additur, the judge will typically give the party that must pay the award the option of augmenting the award or undergoing a new trial. However,…