Some people are more susceptible to injury because of a preexisting degenerative medical condition. That preexisting degenerative medical condition may, however, not be causing the person any pain. If a preexisting degenerative medical condition that is not causing pain, starts causing pain as the result of trauma caused by the negligence of another, then the person is entitled to full recovery for any aggravation or worsening of that preexisting degenerative condition. Even if you have a preexisting medical degenerative condition that was causing pain, if that condition is made worse in any way then you are entitled to compensation for the fair and reasonable value equivalent to the worsening of that condition.
One moment, you might be walking in a winter wonderland - the next moment, you have fallen and can't get up.
The older we get, the more we realize that winter and snow days are not all about fun and games - they are days where we feel most unsafe or most susceptible to injuries or accidents. Sometimes being aware of the potential risks causes more worry, but with some of the following common winter accidents, we can be prepared for the worst and feel at ease.
The gift of mobility is something we often take for granted. After getting injured, there are many things that you may need assistance with – physical, let alone tedious, tasks. Then, you have medical bills – and are clouded by those hovering over your head. You probably are not thinking about all of the logistical, administrative, and compensatory tasks. But you should consider at least a few.
Despite drivers’ best efforts, rear end collisions happen every day. There can be many causes of rear end collisions. Common causes include inattention, distracted driving, texting, and bad weather. To prevail in a rear end collision case, a plaintiff must typically show the other driver was negligent or acted unreasonably given the circumstances.
Accidents that involve public transportation can be severe because of the number of people that they affect. Public bus accidents, for example, can impact a great deal more people than the average passenger car accident. If you have been injured on public transportation, you will likely need to start negotiations, and potentially a lawsuit, against a governmental entity.
In cases involving personal injury claims against the Port Authority of New York and New Jersey (Port Authority), the statute of limitations is shorter than with a case involving private parties or even other governmental agencies, such as the state or municipalities. A case against the Port Authority must be brought within one year or you will lose your right to file a personal injury claim. In addition, to add to this extra procedural hurdle, a notice of claim has to be filed 60 days prior to filing suit. The relevant statute in New Jersey, N.J.S.A. 32:1-163 provides:
Be Careful to Bring A Lawsuit in Time For Personal Injuries
A person has a limited amount of time to sue for personal injuries. The Statute of Limitations is a law that sets forth the time period by which a lawsuit must be filed. If a plaintiff (the person filing the suit) fails to file the lawsuit within the defined period of time, then the plaintiff will likely be barred from pursuing the case further.
New Jersey law has various statutes that govern how long you have to file a lawsuit. The time limits within which one must file a lawsuit can be found in various statutes, including, but not limited to, the New Jersey Statutes Annotated (N.J.S.A.) at N.J.S.A. 2A:14 and N.J.S.A. 2A:31 (wrongful death actions).
All auto insurance policies in New Jersey require the consumer to choose from one of two options with respect to their right to bring a lawsuit. The two options are: (1) the lawsuit or verbal or tort threshold or (2) the no tort threshold or no lawsuit threshold. Under different policies, the tort options (your right to sue) are referred to as these various names but mean the same thing. Under option (1) you are limiting your ability to sue for certain injuries. Under option (2) you can sue for any injury.
Suffering from a personalinjury accident can be devastating not only to the individual injured, but also to the individual’s family members and friends. Our firm often receives inquiries from individuals concerning potential lawsuits against a public entity. Many people are surprised to learn that an individual can seek recovery from a government entity for injuries directly related to their tortuous actions. Unlike personal injury claims against private individuals and entities, the New Jersey Tort’s Claims Act sets forth guidelines in which a plaintiff may recover for the tortuous actions of public entities and public employees.
[John J. Scura III, Esq. explains what to do if you are feeling tricked by your insurance company after an accident in New Jersey]
I wrote a blog on the worst tricks insurance companies use in trying to deny people fair money for their claims after an accident. As a follow up, I wanted to explore what to do if insurance companies use one of these tricks on you and how to best protect yourself going forward: