boating-accident | Lynch Law Firm

Have you or a loved one been injured because of another’s actions?

You may have legal options and may be entitled to compensation for your pain and suffering, medical bills, and more. With the experienced team of Hasbrouck Heights personal injury lawyers on your side, you can trust that we will handle every aspect of your claim for you, from filing your initial claim with the insurance company to negotiating for the maximum compensation you deserve. With more than 20 years of experience handling personal injury cases, our award-winning lawyers have the skills, knowledge and resources to handle even the most complicated cases.

Contact our dedicated team today for a free, no obligation consultation today. We charge no upfront fees and will not require any payment from you unless we recover compensation for you.

Complete a Free Case Evaluation form now to get started with our accident attorneys.

What Should I Do if I Have Been Injured?

There are several things you should do immediately following a personal injury to preserve and gather the evidence you will need for a successful claim. In any personal injury case, you must prove the damages you have suffered and show that they were caused by another’s negligence.

To do this, our Hasbrouck Heights personal injury lawyers recommend that you:

Seek Immediate Medical Attention

Your health and safety should always be your number one priority. After any injury, you should always seek immediate medical care.

Visiting an emergency room, hospital or doctor is vital for ensuring you receive the care you need and establishing a record of your injuries. It will detail all of your symptoms, test results, what caused your injuries and what treatment you have undergone.

Document Your Injuries and the Accident Scene

You will need evidence to support your claim that your accident and injuries were caused by another’s actions. As soon as possible, you should document your injuries and the accident scene by:

Contact a Reputable Personal Injury Attorney

You should then immediately contact a reputable Hasbrouck Heights personal injury lawyer. An attorney can review the details of your accident and injuries, help you file a claim with the insurance company, and help you determine if you have a legal case that may be entitled to compensation.

We will also help you gather all of the evidence and documentation you need to support your case.

Click to contact our Hasbrouck Heights personal injury attorneys today.

Do I Have a Case?

Personal injury law is a specific type of civil law that allows individuals to file lawsuits against other individuals or entities that have caused them harm. This is an important resource for injury victims to obtain compensation for the damages they have suffered because of another’s actions, such as medical bills, lost wages and more.

However, the key to filing this type of lawsuit is proving that someone else was responsible for your injuries. With enough evidence showing that another’s negligence caused your injuries, you may have a personal injury claim.

Negligence

To prove negligence, you must be able to show that the at-fault party had a lack of care for your safety.

The four elements required for proving negligence include:

The At-Fault Party Had a Duty of Care

The first step in determining if you have a personal injury case is to determine if the at-fault party owed you a duty of care.

In some circumstances, the relationship between the injury victim and at-fault party creates a legal duty of care. This includes a doctor who owes a patient a duty to provide reasonable care or a landlord who has a duty to ensure the safety of his or her property.

In other situations, the at-fault party simply had a duty to act with reasonable care and not cause harm to anyone. For example, all motorists have a duty of care to drive safely and follow the rules of the road.

The At-Fault Party Breached His or Her Duty of Care

Once it has been established that the at-fault party owed you a duty of care, we must show that he or she broke that duty by acting recklessly, carelessly or intentionally.

This can include failing to act, or not acting at all, as a reasonably prudent person would have given the circumstances.

For example, most motorists know that they should not run red lights, speed or drive while under the influence. Engaging in these types of actions can be considered breaching the duty of care the person owes to those around him or her.

Similarly, all doctors are legally obligated to act within the standards of the medical community. Any failure to act as another doctor would have, could be considered a breach of duty of care.

The At-Fault Party’s Actions Directly Caused Your Injuries

Next, you will have to prove that the at-fault party’s actions directly caused your injuries.

The insurance company and lawyers for the at-fault party will do everything possible to attempt to shift blame away from their client and claim that your injuries were caused by something other than their client’s actions.

For this reason, it is vital that we collect strong evidence showing that your injuries could not have been caused by anything other than the at-fault party’s actions.

Your Injuries Caused You to Suffer Damages

Finally, you must be able to show that you suffered damages because of your injuries. This can include economic damages, such as medical bills and lost wages, or noneconomic damages, such as physical and/or mental pain and suffering.

Our Hasbrouck Heights personal injury lawyers will walk through each element with you to determine if you have grounds to file a lawsuit. If you do, we will get to work immediately gathering the necessary evidence to build a strong claim on your behalf.

Call (800) 518-0508 for a free consultation and review of your claim.

Time Limits for Filing a Personal Injury Claim

If you think you may have a case, you should contact our Hasbrouck Heights personal injury lawyers as soon as possible because there are strict time limits for filing a claim. These time limits are called statutes of limitations, which place a deadline on when a claim must be filed. If you miss this deadline, you will lose your opportunity to file a personal injury lawsuit.

As outlined in New Jersey Statutes Annotated § 2A:14-2, most personal injury claims, including those for car accidents, medical malpractice and product liability, have a two-year statute of limitations.

Wrongful death lawsuits also have a two-year statute of limitations, as outlined in N.J.S.A § 2A:31-3.

Although these deadlines are strict, there are several exceptions that could lengthen or shorten the deadline for filing a claim. However, only an experienced injury attorney can advise you of which statutes apply to your case.

New Jersey’s Discovery Rule

In some situations, the statutes of limitations can be extended if the injury victim did not immediately know that he or she was injured or that the injury was caused by another’s negligence, which would mean he or she has a claim.

If this is the case, the two-year statute of limitations begins to run on the date the individual discovered, or reasonably should have discovered, his or her injury rather than on the date of the injury.

This includes cases of chemical or toxic exposure, such as mesothelioma, which can take years to develop after exposure to asbestos.

Claims Involving Minors or the Disabled

If a claim involves an individual who is a minor (under the age of 18) or legally incapacitated, the statutes of limitations will be tolled, or paused, until the minor reaches the age of 18 or the disability has been resolved.

This means, that if an individual was under the age of 18 at the time of the injury, the two-year statute of limitations will not begin to run until his or her 18th birthday. This will give him or her until his or her 20th birthday to file a claim.

However, this rule does not apply to medical malpractice claims involving birth injuries. In these cases, the claim must be filed before the child’s 13th birthday.

Injury Claims Against the Government

Unlike personal injury claims against private individual’s or entities, claims involving government entities or employees have additional, shorter requirements that must be met.

N.J.S.A. 59:1-1 et seq requires that a notice be filed with the responsible government department or agency within 90 days of the accident.

A failure to meet any of these deadlines will prevent you from filing a personal injury claim seeking compensation. Because of this, you should not hesitate to contact our Hasbrouck Heights personal injury lawyers as soon as possible after you have suffered an injury because of another’s negligence.

Our accident lawyers will review the details of your claim to identify the statutes of limitations that apply to your case. We will then work quickly and efficiently to meet all deadlines and requirements.

Learn more by completing a Free Case Evaluation form.

Compensation from a New Jersey Personal Injury Lawsuit

Personal injury lawsuits are intended to provide an injury victim with monetary compensation for the damages he or she has suffered because of injuries caused by another’s actions.

Depending on the circumstances of your case, our Hasbrouck Heights personal injury lawyers may be able to help you recover two types of compensation:

Economic Damages

These damages are intended to reimburse you for the money you have spent or lost in relation to your injury. This can include:

Medical Bills

Medical expenses are typically the largest portion of compensation an injury victim will recover. This can include compensation for:

  • Emergency room care
  • Ambulance trips
  • Doctors’ visits, including required specialists
  • Prescription medication
  • Lab tests, such as MRIs, X-rays and CT Scans
  • Required medical equipment, such as crutches or a wheelchair

Lost Wages

If your injury prevents you from working for any period of time, it may be possible to obtain compensation for the wages you lost while you were unable to work.

If your injury prevents you from returning to work in the future, or requires that you take a significant pay reduction, it may also be possible to obtain compensation for lost future earning capacity.

Out-of-Pocket Expenses

Some injuries and accidents will also require out-of-pocket expenses that do not meet the categories above. If they are reasonable costs that are required for your injury, it may be possible to recover compensation for them. This can include:

  • Property damage
  • Travel to and from doctor’s appointments
  • Hiring professional services to do tasks that you can no longer perform

Noneconomic Damages

Noneconomic damages are not as easily calculated because there is no direct monetary value. These damages attempt to compensate you for the effects of your injury on your personal life and can include:

  • Physical pain and suffering
  • Mental anguish
  • Lost enjoyment of life
  • Inability to engage in the activities and hobbies you once enjoyed

The types and amount of compensation you can recover from a personal injury claim will depend on a variety of circumstances, including the severity of your injuries and how they affect your life.

Our Hasbrouck Heights personal injury lawyers have decades of experience helping accident victims obtain the maximum compensation they deserve for their injuries. We will utilize our vast resources and knowledge to help you file a successful claim.

Reasons Your Compensation Could be Reduced

It is important to note, however, that although our injury attorneys will do everything we can to obtain the maximum compensation you deserve, there are some circumstances in which your compensation could be reduced or limited.

New Jersey Comparative Negligence

One of the most common reasons your personal injury lawsuit compensation could be reduced is because of the rule of comparative negligence.

According to N.J.S.A. 2A:15-5.1, fault for a personal injury can be spread between multiple individuals. If the injury victim is found to be partially at fault for his or her injuries, his or her compensation will be reduced by his or her percentage of fault, so long as he or she is not more than 50 percent at fault.

This means that if you were awarded $20,000 in your personal injury case, but were found to be 30 percent responsible for causing your injuries, your award would be reduced by 30 percent to $14,000.

Damage Caps

Some states also place caps on the amount of compensation injury victims can recover from personal injury lawsuits. In New Jersey, the only damage cap is for punitive damages.

According to N.J.S.A. 2A:15-5.14, punitive damages in personal injury cases are capped at $350,000 or five times the compensatory award, whichever is greater.

However, punitive damages are only awarded in cases in which the at-fault party acted out of actual malice or with wanton and willful disregard for the foreseeable harm that could come to the victim. For this reason, punitive damages are rarely awarded.

The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC have decades of experience building strong claims on behalf of our clients that help them obtain the maximum compensation they deserve. We will do everything we can to recover every type of compensation you are entitled.

Call (800) 518-0508 to get started fighting for the maximum compensation you deserve.

How Much Does a Personal Injury Attorney Cost?

At Lynch Law Firm, PC, our Hasbrouck Heights personal injury lawyers will handle your case on a contingency fee basis. This means we will not charge you unless we recover compensation.

There is no upfront cost or out-of-pocket expenses to hire our firm, and we do not charge any legal fees or other charges unless we obtain compensation on your behalf.

If we recover compensation for your claim, we charge a small percentage of your recovery. If we do not obtain compensation for you, you owe us nothing.

We also offer free consultations with our team of accident attorneys to discuss the details of your claim and help you determine if you have a case.

Why Hire Our Personal Injury Lawyers?

When choosing to hire a personal injury lawyer, you will want to make sure that your attorney has the skills, experience and resources necessary to handle your claim.

The Hasbrouck Heights personal injury lawyers at the Lynch Law Firm, PC have more than two decades of experience handling a variety of injury and accident claims throughout New Jersey.

During that time, we have acquired relationships with a variety of experts and professionals that will be valuable for investigating, building and advocating for your claim.

We also have established a team of accomplished, well respected personal injury lawyers who know what it takes to build, negotiate and try a successful personal injury case.

Founding Partner Jim Lynch was appointed to and currently serves on the Board of Governors for the New Jersey Association for Justice. He is also Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, which requires being a member of the New Jersey Bar for at least five years, passing a written examination and participating in continuing education classes, and demonstrating a superb reputation within the legal community.

Both he and Founding Partner Arthur Lynch members of the Multi-Million Dollar Advocates Forum.

Types of Personal Injury Claims We Handle

The Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC focus our practice solely on personal injury law. This means we are well-versed in the many laws and regulations applicable to your case.

We also know how to build a case that can stand up to any challenges you may face.

For more than two decades our accident lawyers have been committed to fighting for the rights of those who have been injured because of another’s actions. In that time, we have gained practical experience in handling a wide variety of practice areas, including:

Contact Our Hasbrouck Heights Personal Injury Lawyers

You can trust that the Hasbrouck Heights personal injury lawyers at Lynch Law Firm, PC will work tirelessly to represent your best interests and fight for the maximum compensation you deserve.

Contact our firm today for a free, no obligation consultation for a free review of your case and more information about how we can help you.

If we take your case, you will not be charged unless we recover compensation on your behalf. Even then, we will only charge a portion of your recovery.

Call (800) 518-0508 or complete a Free Case Evaluation form.

boating safetyWith the official start of summer fast approaching, boating safety advocates across the country have teamed up to promote safe and responsible boating through National Safe Boating Week.

This annual boating safety awareness campaign runs from May 20 to 26 and is a great time to brush up on your boating safety practices.

The Safe Boating Campaign, administered by the U.S. Coast Guard, encourages all boaters to follow these tips for ensuring a safe enjoyable time on the water this summer that is free of boating accidents.

Although boating safety is an important part of preventing accidents on the water, accidents can still happen. If they do, our New Jersey boating accident attorneys may be able to help. Contact us to learn more about your legal options.

Before You Hit the Water

Boating safety starts on land before you head for the water. In New Jersey, you must be 16 years of age or older and have a New Jersey Boating Safety Certificate to operate a power vessel, including personal watercraft, on New Jersey waters.

If you are between the ages of 13 and 16, you must also have a Boating Safety Certificate to operate a vessel powered solely by an electric motor or a vessel that is 12 feet long or longer with less than 10 horse power.

To obtain a Boating Safety Certificate, you must complete a boating safety course approved by the National Association of Boating Law Administrators.

If you will be operating a boat on non-tidal waters, such as a lake or reservoir, you must obtain a non-tidal boat license issued by the Motor Vehicle Commission.

Vessel Safety Check

Before heading to the water at the start of boating season, you should also ensure that your boat is in full compliance with all federal and state boating laws by scheduling a Vessel Safety Check with your local U.S. Coast Guard Auxiliary or U.S. Power Squadrons.

Float Plan

Whether you are a power boater or kayaker, you should create a float plan before setting out for a boating trip. You can use the U.S. Coast Guard’s downloadable float plan or create your own with the essential information detailing:

  • Your boating trip, including when you are leaving, where you are going and when you should return
  • The boat
  • Everyone on board
  • The towing or trailer vehicle
  • The communication equipment you have on board
  • Emergency contacts

Send your detailed float plan to a trusted friend or family member.

Essentials for Safe Boating

When on the water, there are several essential items you will need, including:

  • One Coast Guard approved life jacket per person on board
  • Visual distress signals, such as a flare
  • Sound producing devices, such as a whistle or horn
  • Locator device
  • Fire extinguisher
  • Navigation lights
  • Water to stay hydrated
  • Correct permits and decals

The New Jersey State Police Marine Services Bureau details the safety equipment that vessels of all sizes are required to carry.

The Importance of Life Jacket Use on Boats

Each year, hundreds of people are killed in boating accidents. In 2015, the U.S. Coast Guard reported that drowning was the leading cause of death in boating fatalities. In a staggering 85 percent of those incidents, the victim was not wearing a life jacket.

Many boating accidents can be prevented by exercising simple, safe boating practices. Something as easy as wearing a life jacket every time you are on a boat can go a long way toward preventing injuries and death.

It is important to note, however, that simply storing the life jacket on the boat is not enough. Boaters should wear a life jacket every time they are on the water, as accidents often happen far too fast to get a life jacket that may be stowed away.

Many new life jackets are easier to put on and use; they are also smaller and more comfortable. Inflatable devices that you can wear while fishing or hunting can also be useful.

You should ensure that your life jacket fits properly by making sure:

  • The life jacket is properly fastened
  • All buckles, straps or zippers are secure
  • You can hold your arms over your head
  • The life jacket remains secure if a friend grasps the tops of the arm openings and pulls up

Never Boat Under the Influence

Just as you should never drive while under the influence of drugs or alcohol, you should never boat while under the influence.

Boating while intoxicated is illegal in New Jersey. Those with a blood alcohol concentration of 0.08 percent or higher who are convicted of driving under the influence will have their boating and driving privileges suspended. Those under the age of 17 will have their vehicle driving privileges delayed for a term equal to the suspension period.

Be Prepared for Environmental and Weather Factors

When on the water, the weather can change almost instantly. It is vital that you check the weather before heading out on the water and prepare appropriately for the weather you could experience.

You should also regularly check for any changing conditions while you are on the water.

If you are boating in cold water, wear several lawyers that can protect against the water temperature and bring an extra set of clothes in a dry bag.

Other Safe Boating Tips

You should also use the following tips every time you boat.

Dedicated New Jersey Boating Lawyers

Despite all of your preparation and planning, boating accidents can happen. If you are injured or lost a loved one in a boating accident caused by another’s negligence, you should not hesitate to contact the experienced boating accident lawyers at Lynch Law Firm, PC to learn more about your legal options.

You may be entitled to file a personal injury lawsuit seeking compensation for the many damages you have experienced, such as medical bills, lost wages and more.

Contact us today for a free, no obligation consultation. We do not get paid unless you do.

Call (800) 518-0508 today.