Personal Injury - An Overview

POWERFULLY PROTECTING THE RIGHTS OF THE INJURED IN NEW JERSEY

Personal injury lawsuits are filed by people (or their representatives) injured as a result of the negligence of someone else. Negligent parties can be individuals, businesses or in many cases both.  Injuries resulting from the negligence of another may be either physical, emotional or both.  The injuries suffered arise from a variety of sources or types of conduct by the negligent party. Our firm represents clients injured resulting from a slip and fall, automobile accident, trucking accident, aviation/airplane accident, construction accident, bus/taxi/subway accident, motorcycle accident, tractor trailer accident, catastrophic injuries, brain and spinal cord injuries, whiplash injuries, assaults and battery, defective products and equipment and unsafe products.  The goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, whether it is an individual or a business, or both, please contact our firm to find out how we can help you preserve your rights.

Personal Injury Damages

Our firm's mission is to vigorously pursue the responsible parties so that our clients receive the damages to which they are entitled by law.  Injured parties are legally entitled to compensation for their losses which may include loss of wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement. In some cases, a close family member of the injured party, such as a husband or wife, may also be entitled to damages, which are referred to as loss of consortium damages.  These damages are intended to compensate the loved one for the loss of the injured or deceased person's services and companionship.

Other types of damages that may be awarded, depending on the laws of the state where the lawsuit is brought and the facts of the particular case, include hedonic damages, which are those damages awarded to compensate the injured party for the loss of enjoyment of the activities that he or she once was capable of doing, received pleasure from doing, but as a result of the injury suffered, is incapable of participating in.   Punitive damages may also be awarded when the responsible party's conduct was so egregious, that the court or jury determines that the defendant(s) should be punished.  This punishment comes in the form of a judgment ordering the payment of an amount above and beyond the plaintiff's actual damages.  An ancillary benefit of punitive damage awards, is that is may serve as a deterrence to others from engaging in similar wrongful conduct.

"Do I Have A Case?"

Not every injured party is entitled to recover damages for their injury.  Whether you "have a case" depends on your ability to offer proof establishing the actual injury.   The plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must be able to offer proof of what is referred to as causation.   Causation requires the injured party to establish that both actual causation and proximate (legal) causation are attributable to the defendant(s). Actual causation is determined by a literal cause and effect relationship.  Whether legal causation is established depends on the facts and circumstances of the particular matter in question.  In some personal injury actions, legal causation may be established by the plaintiff offering proof that the defendant's actions or conduct were intentional. Legal causation is established by showing that the wrongdoer intentionally or purposefully harmed the plaintiff or alternatively, knew or reasonably should have known that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result to another.

Negligence

Many other personal injury actions are based on the theory of negligence.  The law provides a remedy for a party's injuries, holding a defendant liable when as a result of that defendant's action, or inaction, a person suffers injuries, when an ordinarily prudent person in a similar position should have foreseen that the conduct would create an unreasonable risk of harm to others.

Strict Liability

Strict liability is a no-fault system under which liability may be established regardless of attributing fault to the various parties, including the plaintiff.  Product liability cases often fall within this category of liability.  When a consumer or user of a product suffers an injury as a result of a manufacturer or seller putting a defective or unsafe product into the market, that manufacturer and/or seller may be held liable under this theory.   The manufacturer and/or seller may be held liable for their actions taken or for their inaction.

Our Firm

Protecting your rights from an injury that you have suffered, begins with your contacting our firm. We will carefully examine the facts and circumstances specific to your injuries to determine whether the harm you have suffered is legally attributable to the actions or inactions of another.   A personal injury attorney will review the relevant facts of your case to determine whether you have a legally valid claim, how soon you must act to preserve your rights, and the damages to which you may be entitled.  Contact us at krompierlaw@yahoo.com to enter a brief description of your case or to request a consultation.