Personal Injury

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Personal Injury

  • What is the definition of negligence in law?

    Negligence is typically associated with carelessness, but the term also has a more precise legal definition. It is the failure on the part of a tortfeasor — someone who has committed a tort, or civil wrong — to exercise a reasonable amount of care, which in turn has caused a foreseeable injury to another person…

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  • If negligence is proven in a personal injury case, can punitive damages be awarded?

    Punitive, or exemplary, damages are almost nonexistent in negligence cases, which involve carelessness rather than wanton or intentionally tortious behavior.  In cases that involve the latter two types of behavior, punitive damages are meant to punish the tortfeasor. Applicable examples would include cases of fraud or intentional infliction of emotional distress. Punitive damages may, however,…

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  • What is the statute of limitations for filing a personal injury case?

    The statute of limitations, which is the law that sets the maximum period that someone can wait before filing a lawsuit, varies from state to state. It also depends on the type of case involved — whether it be personal injury, property damage, breach of contract or another type. For personal injury cases, New Jersey…

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  • How much am I going to get?

    Unfortunately, there is no pat answer to this question, notwithstanding the “experts” declarations that they have one. There are so many factors that will come into play in a personal injury case that help determine what it is worth, including to what extent any of the various forms of compensatory damages — medical treatment, property…

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  • When will my case settle?

    This is one of the most common questions that clients ask of their attorneys, but it is one whose answer will vary from case to case, depending on the specific factors that are unique to a given case. In general, most personal injury cases last anywhere from a year to a several years or, in…

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  • What is the verbal threshold?

    The verbal threshold stems from the New Jersey law establishing a no-fault insurance system, passed in 1988 and since amended, that restricts a motorist’s right to sue for injuries sustained in an accident in exchange for a lower insurance premium. When obtaining insurance, a motorist who selects the zero threshold option faces no limitation on…

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