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The reasonable person standard is a legal concept used in personal injury cases as a basis for assessing whether a defendant’s actions amount to negligence.
In this article, Lynch Law Firm, PC explains what the reasonable person standard is, when it may be used and how it could impact your personal injury compensation case.
If you were injured by another party’s negligence, you may benefit from having an attorney manage your case. We offer a free case review with one of our experienced personal injury attorneys in New Jersey. During this meeting, you can get answers to your questions and find out if you may have legal options for recovering compensation for your damages.
Request your FREE case review today. (800) 518-0508
The reasonable person standard is a legal concept attorneys use in certain personal injury cases. This concept serves as a basis for determining whether the defendant exercised the level of care and caution that a reasonable and prudent person would have taken in a similar scenario. If the defendant is found to have failed to act with an appropriate level of care, he or she could be considered negligent.
The reasonable person standard does not refer to a real person. Rather, attorneys use this concept in a civil case to compare a defendant’s actions against those of a hypothetical, but reasonable and prudent person. The definition of a reasonable person may vary from case to case, depending on the circumstances.
Some examples that show how a reasonable person would behave include:
While the ‘reasonable person standard’ serves as a benchmark to evaluate a defendant’s actions, the application is not always straightforward. Various factors can modify its standards based on the defendant’s circumstances and potential liabilities.
Below are scenarios where the reasonable person standard may be adjusted to reflect a defendant’s specific situation:
The reasonable person standard typically does not apply to young children, as they are not as mature and do not possess the same life experience as adults. Their actions would be evaluated based on their age group.
For example, say a 5-year-old child is playing in a park and encounters a ‘Do Not Enter’ sign near a construction zone. In this situation, the child might be curious but not able to recognize the danger. In contrast, an adult would understand the risk and know that it is unsafe to enter.
Individuals with mental or physical disabilities may not be capable of making decisions or determining what actions may or may not be reasonable. Sometimes, these individuals are accompanied by a caregiver or nurse or someone else responsible for their safety. Depending on the scenario, the caregiver or nurse could be considered negligent.
Doctors, officers, and financial advisors are held to a higher standard than the average person due to their profession, specialized training, experience and education.
In malpractice cases, a judge or jury may have specific expectations for doctors with a certain level of experience. For instance, a surgeon might be liable for an injury stemming from a procedure they performed if there was something in the patient’s medical history indicating it could be dangerous. A surgeon is expected to have the experience and knowledge to recognize when a patient should not undergo a certain type of surgery.
The reasonable person standard helps to clarify whether a defendant in a civil case may have been negligent in a manner that led to an accident and caused someone else to suffer harm.
If a defendant’s actions do not match those of a prudent and reasonable person, they can be held liable. This means they could be financially responsible for covering the plaintiff’s medical costs, lost wages and other losses.
In some cases, both the defendant and plaintiff can be found negligent. In this situation, New Jersey’s comparative negligence rule would apply. However, if you are not more than 50 percent at fault, you may still be eligible to recover a reduced amount of compensation. Under the law, any compensation awarded would be reduced by your percentage of fault.
If you are assessed with more than 50 percent of the fault, the law prohibits you from recovering any compensation for your damages.
Other ways the reasonable person standard may impact victims’ cases include:
Dealing with the aftermath of a personal injury can be challenging. At Lynch Law Firm, PC we are dedicated to supporting our client through challenging times.
If you or a loved one has been injured due to someone else’s negligence, we strongly encourage you to call our law offices. Our firm has a proven history of success, and we are prepared to fight for the compensation you deserve.
Call to request a FREE case review today. If we determine that you have a case and choose our firm to represent you, there are no upfront costs or fees to pay.
Call today. We are here to help you. (800) 518-0508
Telephone: 201-288-2022
E-mail: [email protected]
Neil is a partner with Lynch Law Firm, PC. For 20 years, he has been fighting for the injured. He is a committed, detail oriented and talented litigator and trial lawyer. He pursues motor vehicle collision, slip and fall, medical malpractice, products liability and other related serious injury cases. He has tried over 50 cases to verdict.
Neil is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. He is a member of the American Association for Justice (formerly known as ATLA), and the New Jersey Association for Justice, where he serves on the Civil Practice Committee. He is admitted to practice law in New Jersey and New York. He is also admitted to practice before the United States District Court of New Jersey and the Southern and Eastern Districts of New York.
While Neil pursues all types of serious injury cases, he takes a special interest in pursuing the rights of people who lost their lives or were injured in aquatic incidents. In 2011, Neil obtained the largest verdict for a drowning victim ever in New Jersey, when a jury awarded the estate of a teenager $10,000,000.* In 2017, Neil obtained a $1,750,000 settlement for the estate of a young man who drowned at the Princeton town pool. In keeping with his commitment to aquatic safety, Neil is a member of the National Drowning Prevention Alliance.*
Telephone: 201-288-2022
E-mail: [email protected]
Erica has vast experience in the field of medical malpractice litigation. Before joining the Lynch Law Firm, PC, Erica was a partner at a law firm in Morristown where she worked as a defense medical malpractice attorney. Now working for those injured by malpractice, she has the insight, tenacity, and focus it takes to be the best advocate possible. Her strength lies in her compassion and dedication to her clients. She has written several appellate briefs including one resulting in an opinion published in the Appellate Division.
Erica’s interest in law and advocacy began at an early age. In middle school, she won an essay competition for the Daughters of the American Revolution. In high school, Erica served as a congressional page to the Honorable Rodney Frelinghuysen in the US House of Representatives.
After law school, she began her legal career as the law clerk to the Honorable Judge David B. Rand, Superior Court of New Jersey, Morris County Civil Division. She credits that experience and his mentorship for her acute insight of the justice system.
Erica is a proud graduate of Pope John XXIII High School in Sparta, NJ. She ran on their state championship cross country team and also raced on their ski team. She continued her education at the University of Delaware where she majored in Political Science and English, graduating early cum laude. While a law student, she worked in Providence, Rhode Island, at the Legal Assistance Clinic obtaining restraining orders and uncontested divorces. Erica earned her Juris Doctorate from Roger Williams Law School in Rhode Island.
Erica’s greatest joy is her family. She has always enjoyed skiing and golf with her parents and two brothers, Dane and Jay. She also loves travel, cooking and entertaining. She resides in Morris County in New Jersey with her husband, Jake, and their dog, Maeby.
University of Delaware, B.A., English and Political Science, 2005, cum laude
Roger Williams University School of Law, J.D., 2009
New Jersey, 2009
U.S. District Court, District of New Jersey, 2009
Hon. David B. Rand, P.J.S.C.- Superior Court of New Jersey
New Jersey State Bar Association
Bergen County Bar Association
Morris County Bar Association
Certified Mediator
Medina v. Pitta, M.D. et al., 442 N.J. Super. 1 (App. Div. 2015), cert. denied 127 A.3d 701 (N.J. 2015)
Abuaf v. Goldberg, M.D. et al., 2017 N.J. Super. Unpub. (Jan. 25, 2017)
Halper v. Tullo, M.D. et al., 2013 N.J. Super. Unpub. LEXIS 2315 (Sept. 12, 2013)
Kulper v. Schwartz, M.D. et al., 2015 N.J. Super. Unpub. WL 5209633 (Sept. 8, 2015)
Weber v. Ziolo, M.D. et al., 2015 N.J. Super. Unpub. WL 6394425 (Oct. 23, 2015)
Telephone: 201-288-2022
E-mail: [email protected]
Jim Lynch is the immediate Past-President of the New Jersey Association for Justice, which is New Jersey’s Trial Lawyer’s organization, with more than 2,700 lawyer members across the state.
While many lawyers never see a courtroom, Jim spends much of his professional time in the courtroom.
He spends his time arguing issues for individuals damaged as a result of safety violations, for patients seriously injured by hospitals or physicians who have failed to follow established rules for patient safety, and for individuals or classes who have been damaged by fraudulent or unethical business practices or defective products.
Jim is a well-known and respected trial attorney with an excellent track record of success at trial. In 2013, the National Law Journal featured a multi-million-dollar settlement that Jim obtained during a trial in its review of the nation’s top 50 verdicts/settlements entitled “Big Money Wins of 2013.”* In 2014, he was inducted into the New Jersey Law Journal’s Personal Injury Hall of Fame. In 2016, Jim had two (2) of the top 25 Verdicts in New Jersey.* In June of 2022, Jim obtained a jury verdict for $17,533,000.00 in Manhattan for his seriously injured client, one the of largest verdicts in 2022.* In May, 2023, Jim and his brother Arthur obtained a verdict in excess of $12,000,000 for an injured construction worker, also one of the largest verdicts in New Jersey in 2023.
In January, 2023, Jim argued in the Supreme Court of New Jersey on behalf of the New Jersey Association for Justice, in the seminal case of Difiore v. Pezic, resulting in a big win on behalf of consumers, paving the way for defense medical exams to monitored by nurses or recorded by other means.
Over the past year, Jim has been asked to testify in the State House in Trenton before several Senate and Assembly committees concerning various pending legislation, including the Insurance Fair Conduct Act, which was enacted into law, and several other pieces of legislation regarding the insurance structure in New Jersey. He testified in November 2022 before the NJ Senate Commerce committee regarding the Peer-to-Peer Car Sharing Bill.
Jim is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and is often asked to speak at seminars teaching other attorneys issues regarding trial practice and advocacy.
Some of Jim’s notable cases have been published in The Association of Trial Lawyers Law Reporter, the New York Law Journal, the New Jersey Law Journal, the New Jersey Jury Verdict Reporter, the New York Jury Verdict Reporter, The Journal News, The Star Ledger, the Bergen Record, the Daily Observer.
Jim Lynch is one of many respected trial attorneys in his family. In the early 1900s, his great-grandfather was an attorney and then U.S. Congressional candidate for New Jersey (practicing in Paterson, NJ, then Washington, D.C.). His grandmother (Elizabeth T. Lynch), grandfather (Professor Arthur V. Lynch), uncle (Harry V. Lynch) and brother (Arthur V. Lynch) were/are all attorneys. Jim is the fifth member of the Lynch family to graduate from St. John’s University School of Law, where his grandfather (Arthur V. Lynch) taught trial practice and insurance law. His Uncle Harry V. Lynch was personal secretary to Admiral John McCain, Sr. (Navy) before becoming President of the Orange County Bar Association.
Jim graduated from Don Bosco Preparatory High School in Ramsey, NJ, Fairfield University in CT, and then St. John’s University School of Law in NY. He is married to Katherine, and they are the proud parents of five children (Nicholas, Hannah, Abby, Mackenzie and Courtney). Jim has always enjoyed playing sports, especially baseball and softball, and has been the captain of a team in the HHK/SR Softball league for the past 25 years.
A spinal cord injury is a catastrophic injury that is often caused by another’s negligent, careless or reckless actions. Those suffering from a spinal cord injury may be entitled to file a claim for compensation and take legal action against the at-fault party.
As experienced New Jersey spinal cord injury lawyers, we understand the difficulties and drastic changes that spinal cord injury victims face as they learn to live with this tragic injury. For more than 20 years, we have recovered millions in verdicts and settlements that provided our clients with crucial financial support.* We work only on a contingency fee basis, which means we will not charge for any expenses accumulated throughout the case unless we recover compensation for your claim. We can discuss the possibility of your legal options during a free, no obligation consultation.
Call (800) 518-0508 or fill out a Free Case Evaluation form to get started.
The spinal cord is one of the most important, yet sensitive, parts of the human body. It relays nerve information that controls almost every function we perform. Even the slightest damage to the spine can result in permanent, debilitating injuries that change every aspect of the victim’s life.
Long lasting effects from an injury to the spinal cord can include:
Approximately 282,000 people are currently living with a spinal cord injury in the U.S., while 12,500 new cases occur each year, according to the National Spinal Cord Injury Statistical Center.
Those who suffer from a severe spinal cord injury often face low odds of survival. The mortality rate is high during the first year and only 60 percent of victims are expected to survive within the first 24 hours after receiving the injury.
Survivors of spinal cord injury victims are also likely to lose the ability to function independently and may require help from care providers and loved ones for the remainder of their life.
Along with the extreme physical damage victims suffer, the medical expenses associated with paraplegia or other effects from a spinal injury can average $500,000 during the first year and $70,000 for each year that follows. The loss of earnings that victims experience will make it difficult to pay for the numerous treatments and rehabilitation needed to recover.
Filing a claim with your insurance company or against the person who caused your injury may help you receive the compensation needed to meet future bill payments and to provide you with some level of comfort.
As experienced New Jersey spinal cord injury lawyers, we understand the impact this type of injury will have on your future. We know that you may never fully recover from a spinal cord injury and that this injury has most likely changed every aspect of your life.
We are prepared to take any legal approach necessary to increase your chances of gaining the compensation you deserve and need to make a recovery.
Call (800) 518-0508 to speak with one of our New Jersey spinal cord injury lawyers.
Spinal cord injuries can be caused by traumatic and non-traumatic events. Non-traumatic injuries can be caused by inflammation, arthritis, swelling, fluid accumulation, or diseases like cancer, polio or spina bifida.
Other injuries occur when a sudden blow causes blunt trauma to the back or neck and results in a bruised, fractured, or in the worst cases, a completely severed spine.
The most common causes of spinal cord injuries include:
If your spinal cord injury was the direct result of another’s negligent, reckless or careless actions, our New Jersey spinal cord injury lawyers can help you file a claim that may bring you compensation and justice.
Fill out a Free Case Evaluation form to get started today.
Spinal cord injuries are mostly associated with complete loss of limbs or paralysis below the neck, but we can help victims with varying forms of spinal damage, including:
No matter how severe your injury is, having an experienced New Jersey spinal cord injury lawyer can help increase your chances of receiving the help you need. As experienced personal injury lawyers, we are accomplished in handling accident claims involving serious injuries, like a spinal cord injury.
Fill out a Free Case Evaluation form to schedule a free, no obligation consultation.
To file a claim for compensation for the expenses associated with your injury, we will need to identify who is responsible for causing your condition.
Injuries Caused by Negligence
Most spinal cord injuries are caused by another’s negligent or reckless actions. If this was the case for your injury, our New Jersey spinal cord injury lawyers will need to establish liability to hold the at-fault party accountable.
We will need to prove the other party:
Injuries from Falls
Falls are the second leading cause of spinal cord injuries and are often caused by dangerous conditions on private properties or in a victim’s line of work.
In a premises liability claim involving a slip and fall injury, the property owner has a duty to maintain his or her property and remedy any dangerous conditions that he or she knows about, or should know about.
If a property owner fails to fulfill this obligation, he or she could be liable for any resulting injuries.
Injuries from Medical Malpractice
We trust medical practitioners to fix our injuries, which makes it all the more devastating when acts of medical negligence cause us harm. Medical malpractice that can lead to spinal cord injuries include:
Injuries from a Defective Product
Defective or malfunctioning products can cause serious injuries. If your spine was injured because of a dangerous defective product, like a faulty seat belt or airbag, you may be able to bring a claim against the product designer, manufacturer or the retailer that sold you the product.
Our New Jersey spinal cord injury lawyers will pursue all leads to determine the liable party that caused your injury.
Call (800) 518-0508 to find out your legal options after suffering a spinal cord injury.
Victims who have suffered from a spinal cord injury because of the negligence of another may be entitled to compensation from the at-fault party.
As experienced New Jersey spinal cord injury lawyers, we can provide you with an accurate estimate of what your claim is truly worth.
It is important that you consult with an attorney before accepting any offers made by the defendant or an insurance company. Most personal injury victims are unaware of the true value of their claim, and an insurance company will take advantage of this by initially offering an unreasonably small amount of compensation.
We can prevent this by helping you file a claim for the maximum damages you suffered, including both economic and noneconomic damages.
Economic damages are the financial losses you incurred because of your injury, which includes:
Noneconomic damages place a monetary value on the pain and suffering that was directly caused by your injury, such as:
It is important to note, however, that the maximum compensation a victim can receive may be affected by his or her level of involvement in causing the accident that resulted in his or her injuries, according to New Jersey’s comparative negligence rule.
For instance, if you are seeking $10,000 in damages for a claim involving a car accident in New Jersey where the other driver ran a red light and hit your vehicle, but you were also speeding at the time of the incident, it may be determined that you were 20 percent at fault for the accident.
By following the rule of comparative negligence, the original amount of damages you sought will be reduced by 20 percent and you will only be able to seek a maximum of $8,000.
If you intend to file a claim, you must act quickly. NJ Rev Stat § 2A:14-2 places a two-year statute of limitation on filing a personal injury claim that begins on the date when the injury initially occurred. If you attempt to file a claim after this deadline, you cannot seek compensation.
Contact our New Jersey spinal cord injury lawyers to explore your options for compensation.
As accomplished New Jersey spinal cord injury lawyers, we have decades of combined experience that has provided us with the investigative skills and medical knowledge needed for successful results.
We will assist you in filing a claim and may increase your chances of receiving the compensation you deserve by:
At Lynch Law Firm, PC, we have one goal for every case that we accept: to make the claims process and any legal procedure as simple as possible for our clients and their loved ones.
We are able to achieve this by having a highly qualified staff of personal injury lawyers who are not afraid to take on the cases other firms turn down. Several of our attorneys have been honored with lifetime memberships in the Multi-Million Dollar Advocates Forum and have collectively tried hundreds of cases in court.
One of our firm’s founders, James S. Lynch was appointed to and currently serves on the Executive Board of New Jersey’s Association for Justice, an organization of trial lawyers with more than 2,000 members.
James Lynch has also recovered millions in collective trial verdicts for clients who have suffered spinal cord injuries, including:
Our New Jersey spinal cord injury lawyers will place your best interests at the front of all negotiations, settlements and legal decisions made on your behalf. We will always advise you of the option that best benefits you and your loved ones.
If you or someone you love has suffered spinal damage, call (800) 518-0508 .
Spinal cord injuries are serious injuries that will affect a victim and his or her family for the remainder of their lives. These injuries require full cooperation from insurance companies to provide the necessary treatments to recover. When an insurance company or at-fault party refuses to compensate a victim, a skilled and experienced attorney can help.
At Lynch Law Firm, PC, we are dedicated New Jersey spinal cord injury lawyers who will always help those in need of high-quality legal representation. For more than 25 years, we have defended the rights of personal injury victims and helped them receive the compensation they deserve.
Our New Jersey offices are located just three miles from Hackensack University Medical Center, which has been designated a regional trauma center by the State of New Jersey and the American College of Surgeons.
We understand the challenges you and your family are facing, and we will cover all fees associated with bringing your claim. This includes all legal and investigative work that we conduct in order to prove your claim. We will only charge you if we succeed in helping you recover the compensation you deserve. Do not hesitate to contact us for a free legal consultation that comes with no obligation to hire our firm.
Call [$phone]] or fill out a Free Case Evaluation form to get started today.
* Results may vary depending on your particular facts and legal circumstances.
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.
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:
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.
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:
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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:
These damages are intended to reimburse you for the money you have spent or lost in relation to your injury. This can include:
Medical expenses are typically the largest portion of compensation an injury victim will recover. This can include compensation for:
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.
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:
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:
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.
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.
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.
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.
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.
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.
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:
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.
We often have no choice but to put our trust in doctors and other healthcare professionals to provide adequate care. However, far too often mistakes are made that may result in a serious injury or even death.
If you believe you or a loved one was a victim of medical malpractice, inquiring with a licensed attorney who has experience working with these types of cases is recommended.
The New Jersey medical malpractice attorneys at Lynch Law Firm, PC are experienced in handling a variety of medical malpractice cases. Altogether, our firm has recovered over $300 million in compensation on behalf of our clients, including $5.3 million for a failure to diagnose case in Hudson County.*
Contact us today for a free review of your claim. We are prepared to help you fight for the justice and compensation you need. There are no upfront fees for our services – we do not get paid unless you get paid. Your initial consultation also comes with no obligation, which means no risk to you.
Schedule a free consultation: (800) 518-0508 . Free consultation.
Medical malpractice occurs when a healthcare provider neglects to provide a patient with the appropriate level of care required by accepted medical standards. If a patient is harmed because of a healthcare professional’s actions, or failure to act, the patient may be able to hold the medical care provider liable for damages.
Some examples of medical malpractice could include:
There are many reasons why medical malpractice occurs. For example, there may have been poor communication between the doctor and his or her staff. The doctor may not have asked for the patient’s medical history to discover things like allergies to medications. Doctors may be fatigued, operating under the influence of drugs, or lack a plan for performing surgery.
It is important to note that an unwanted outcome does not necessarily mean medical malpractice has occurred. However, if you suspect that your healthcare provider has acted negligently or carelessly and caused you harm, you should contact a reputable New Jersey medical malpractice attorney from our firm to discuss your claim.
While medical negligence refers to an honest error on the part of the medical professional, it is viewed as unintentional and may have not been known at the time the medical treatment was administered.
Medical malpractice, on the other hand, is a failure to provide the necessary standard of care for your situation. In other words, if another healthcare professional with similar training would have acted differently, you may have a valid case of medical malpractice. The doctor or other professional who engaged in malpractice either knew what he or she was doing was wrong or should have known.
This is a difficult question to answer because there are many important factors involved with a medical malpractice case. You and your lawyer will not only need to prove the healthcare professional made an error; you must also establish the four elements of medical malpractice:
If you have questions about whether you may have a valid case, our New Jersey medical malpractice attorneys are available to discuss your situation. We have extensive knowledge of medical malpractice laws in New Jersey.
Call Lynch Law Firm, PC at (800) 518-0508 . We are here to answer your questions.
Medical errors are not limited to doctors and physicians. They can also be caused by many other medical professionals, including:
With years of experience representing patients who have suffered from a variety of forms of medical malpractice, our New Jersey medical malpractice attorneys know how to determine if you may have a valid case and how to proceed.
We know that a medical error can be devastating for you and your family. That is why we are committed to fighting for your rights and building a strong case for compensation.
If you or your attorney can provide enough evidence showing that you or your loved one was a victim of medical malpractice, you may be eligible to receive compensation for damages, including:
Economic Damages – These are the monetary losses you suffered because of medical malpractice, including but not limited to:
Non-economic damages – These are the emotional and psychological effects of your injuries, such as:
In some instances of reckless negligence or malicious intent, you may also be able to seek punitive damages. Although rarely awarded, these damages are meant to punish the medical professional and to discourage others from participating in the same activity.
Although there is no limit on the amount of economic and non-economic damages you can pursue for medical malpractice, New Jersey Law caps punitive damages at five times the amount of compensatory damages or $350,000, whichever amount is greater.
The statute of limitations in New Jersey says you have two years to file a medical malpractice claim. This means you must file your claim within two years from the date you discovered or should have discovered your injury. If medical malpractice results in death, you have two years to file a wrongful death claim on behalf of your loved one.
If you do not file your claim within this period, you risk the possibility of having your case thrown out by the courts. However, there are some situations where this two-year period could be extended:
Once you file a claim, the health care provider and his or her attorneys will have a chance to respond. When they do, you are required to file an affidavit of merit within 60 days of receiving that response. An affidavit of merit must be completed by a qualified medical expert stating there is a reasonable probability your injury was the result of negligence on the part of a medical provider.
Lynch Law Firm, PC is prepared to handle this step on your behalf, including finding a medical expert who fits the criteria set by state law. For example, the expert could be someone actively practicing in an area of medicine like the area of medicine of the medical professional who caused your injury.
Learn more about how we may be able to assist you. Call (800) 518-0508 .
Generally, non-economic and punitive damages are taxed and compensation for economic damages is not taxed. However, this is a complex issue you should discuss with your attorney. One of the benefits of hiring an attorney is he or she can work to try to prevent the wrong parts of your settlement from being taxed.
Whether you or a family member suffered from the negligence of a healthcare professional, it is important to speak with a licensed attorney who has handled similar cases in the past.
At the Lynch Law Firm, PC, our attorneys are well-versed in state laws on medical malpractice and how to build strong cases for victims. We are prepared to manage the investigation, filing of your claim and settlement negotiations. Our goal is to get you the maximum compensation that may be available.
We know how these types of situations can cause an unexpected financial burden for the victim and his or her family, which is why offer a free initial consultation to our clients. There are no upfront fees to pay and no hidden costs. We only bill you if we win compensation for your case.
Our office is located in Hasbrouck Heights, which is only a 10-minute drive from the Columbia University Irving Medical Center.
Lynch Law Firm, PC. Protecting your rights. Call us at (800) 518-0508 .
If you are considering filing a medical malpractice claim in New Jersey, there are many laws that could apply. In cases of intentional or egregious malpractice, victims may be eligible for compensation. However, there is a cap on the value of these damages.
The New Jersey medical malpractice lawyers at the Lynch Law Firm, PC are ready to review your medical malpractice claim. You can ask us about the potential value of your claim and any limits on the damages you may face during a free, no-obligation consultation.
Damage caps limit the amount of money a person can receive in a civil suit. These caps may apply to different aspects of the claim, such as economic damages, non-economic damages or punitive damages. They serve to limit the amount of money that a claimant can receive as part of his or her case against the defendant.
Currently, New Jersey only imposes a cap on punitive damages – $350,000 or five times the amount of compensatory damages, whichever amount is greater.
Damage caps have been imposed in many jurisdictions to prevent exorbitant awards and to prevent certain systems from charging more to consumers. For example, it is believed that when victims receive large awards from insurance companies, this increases the cost of medical malpractice and health insurance for everyone.
However, damage caps can also impose arbitrary limits on a victim and prevent him or her from receiving funds for damages that directly stem from the accident.
Compensatory damages are much different from punitive damages. Compensatory compensate the victim for the losses he or she suffered as a result of the defendant’s negligence.
Compensatory damages may consist of both economic and non-economic damages that directly stem from the accident. Economic damages may include specific losses that a victim suffered because of the accident, including:
Non-economic damages compensate the victim for the intangible suffering he or she endured because of the substandard care provided by the health care provider. These damages may include:
Punitive damages are additional funds collected from the at-fault party which are meant to punish the at-fault party and help prevent anyone from engaging in similar misconduct in the future.
Punitive damages are rarely applied, unless there is evidence that the defendant’s actions were malicious or that the defendant acted in wanton and willful disregard of your rights.
You must be able to prove this with evidence that is clear and convincing, which is a higher standard of proof than what is necessary to prove your eligibility for other damages. The evidence provided in a punitive damages claim must not leave significant doubt about the verdict. Your lawyer may hire an expert witness to testify and assert the evidence is valid.
Comparative negligence is a legal principle that apportions fault between two or more negligent parties. For example, if you were injured because of your doctor’s misconduct and because you did not follow his orders, you might be partially to blame for your injuries.
If you were not more than 50 percent at fault for your injuries, you can still file a claim, however, your compensation award may be reduced, depending on your percentage of fault. For instance, if the damages award was $10,000 and you were 50 percent at fault, you will only receive $5,000 of the award.
However, victims who are more than 50 percent at fault are prohibited from recovering compensation in an injury claim.
Damage caps are a complex aspect of medical malpractice cases. The lawyers at the Lynch Law Firm, PC are available to discuss this information in more detail during a free, no-obligation consultation.
Call the Lynch Law Firm, PC today at (800) 518-0508 today.
Surgical error claims are one of the most common types of medical malpractice claims. However, in order to have a valid claim and seek compensation for an injury, negligence must be proven.
The New Jersey medical malpractice lawyers at our firm discuss surgical negligence in greater detail below and the legal issues involved in these kinds of cases. Speak to a member of our legal team to learn if you may have a medical malpractice claim – request a free, no obligation consultation today.
A surgical error does not always mean medical malpractice was involved. For a surgical error to be considered negligent, it must be below the accepted medical standard of care. You must have also suffered harm directly related to your doctor failing to exercise reasonable care during the surgery.
Surgical errors can happen for any number of reasons. Some of the most common surgical errors that can lead to a medical malpractice claim include
Surgical errors can result in a wide range of complications, many of which can be life-threatening or result in chronic conditions. These include:
When filing a medical malpractice claim for surgical negligence, the following elements must be proven:
Damages recoverable through a medical malpractice claim include compensation for the following:
If you have suffered an injury due to surgical negligence, our attorneys are prepared to help you file a claim to pursue the compensation you need. We are well-versed in medical malpractice laws and have the experience and resources to try to hold medical professionals accountable for their actions.
Request a free, no obligation consultation to learn more about the legal options available to you. We charge no upfront fees. You only pay us if we successfully recover compensation for you.
Call (800) 518-0508 or complete our Free Case Review form now.
If you believe that your injury stemmed from an instance of medical malpractice and are seeking to take legal action, much of your claim will center on the legal term “standard of care.”
Below, our devoted New Jersey medical malpractice lawyers at Lynch Law Firm, PC provide important information about the standard of care, including how this standard is established and how it may impact your case.
The medical standard of care is the type and extent of care that is expected from a reasonably skilled medical professional with similar training and education in the same medical areas. In other words, the standard of care is the type of treatment a patient should expect and that the medical community recognizes as appropriate.
In a medical malpractice case, the key questions surrounding the standard of care are:
To establish the standard of care, it is usually necessary to retain the services of a medical expert witness who can testify about how your treatment failed to meet the standard of care. This expert witness is usually a doctor in the same practice area as the doctor in question. He or she will discuss the standard of care and particular ways that your health care provider failed to meet the standard.
Doctors owe various duties towards patients once a doctor-patient relationship has been established. This includes:
Doctors are trained to assess a patient’s symptoms and properly diagnose patients. They can order tests, interpret the results and recommend expert evaluations to eliminate and narrow down the possible medical condition that ails the patient. Failing to properly diagnose, delaying a diagnosis or misdiagnosing a patient can form the basis of a medical malpractice case if a reasonably prudent doctor would have correctly diagnosed the patient.
A doctor also has a duty to warn patients about the possible treatment options, alternatives and the potential consequences of a particular course of treatment. Additionally, doctors must inform patients of the dangers associated with the medications they have been prescribed. Doctors must also provide warnings related to third parties, such as that a medication can make it dangerous to operate heavy machinery while taking the medication or that the patient may become drowsy after taking it and should avoid driving.
Doctors are expected to delegate duties to other health care professionals, but they have the ongoing duty to adequately supervise these professionals. However, if another doctor would not find it reasonable to delegate a particular task and the patient is injured as a result of the incompetence of the health care professional, this can form the basis of a medical malpractice case.
In some situations, a doctor who has not upheld the appropriate standard of care is not the only one who can be held responsible for medical malpractice. A hospital or clinic that has employed the doctor may be held vicariously liable for his or her actions under the theory of “respondeat superior.”
This legal concept holds the employer responsible for the negligence of its employees. However, this theory may not always apply because many doctors work as independent contractors or are not direct employees of the hospital or facility.
Although, if another health care professional was responsible for the harm, such as an assistant or staff of the doctor, the doctor may be held liable for the actions of his or her employees.
If you suffered harm as a result of substandard medical care, an attorney from our firm may be able to help. We are familiar with common forms of medical malpractice and the factors that contribute to them. If you have a case and decide to move forward, we can investigate your situation and identify all parties responsible for your injuries and other losses.
Contact us to schedule a free, no-obligation consultation. Phone: (800) 518-0508 .
