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Leaving a child in a hot car for too long can result in severe or fatal injuries. While parents are often the ones who allow this to happen, there may be other parties at fault, such as daycare workers or childcare providers employed by a company.
In this article, Lynch Law Firm, PC discusses who may be liable when a child is left in a hot car and the injuries that could occur.
If your child was injured by the negligence of another, you may have a legal claim. Our personal injury attorneys in New Jersey offer a free case review to discuss whether victims or their parents can pursue an injury claim.
Request your FREE case review today: (800)-518-0508.
It is never a good idea to leave a child in a hot car, even on cooler days. For example, you might think leaving a child in a car is fine if it is 75 degrees outside. However, if you are not back in 10 or 20 minutes, the temperature inside the car could rise to 100 degrees or higher. You might think leaving the windows open will help cool the car down, but this does not have much of an effect.
The danger to children increases as the temperature goes up. For example, if it is 90 degrees outside, the inside of the car can reach an unsafe temperature in just five minutes. The inside of your car can reach 93 degrees in just 10 minutes if the outside temperature is 80 degrees.
The temperature inside a car can rise even faster if the car has a leather interior, especially a black leather interior.
Parents and others who are taking care of children should never assume they will only be gone a few minutes. Something might hold you up and cause you to be away for longer than you intended. You might even forget that you left a child in the car.
A child’s body temperature rises three to five times faster than that of an adult. Children have smaller bodies, so it is harder for them to cool down. Within minutes, their body temperature could rise to a dangerous level – if their body temperature reaches 103 degrees or more, they could die.
The heat can also cause a child’s internal organs to swell, making it harder for them to function.
Even if a child survives the situation, they may be left with permanent damage.
Below are some of the injuries and medical conditions that children could suffer from while sitting in a hot car:
Children are more likely than adults to suffer heat stroke in a hot car because their body temperature rises faster.
The heat can cause dehydration, especially in children. This can cause long-term medical issues, like kidney damage or cognitive issues.
Extreme heat can trigger seizures, especially in children who have a history of epilepsy. Some of the physical signs of a seizure are jerking or twitching.
Seats and other parts of the car’s interior could heat up enough to burn a child’s skin, even causing blisters to form.
The air inside a hot vehicle can make it harder for children to breathe properly.
Some people may not understand why anyone would leave a child in a car. However, a caregiver or babysitter may leave a child in an unattended car because they forgot.
There are times when people think they will only be gone for a minute or two. They assume this is not enough time to cause serious harm. However, even a few minutes could be enough to cause an injury.
Parents need to be careful about who they let watch their child. For instance, if you have a family member who has an issue with substance abuse, it is a bad idea to that person watch your child. Parents should also do their research on daycare centers or companies that employ nannies/childcare providers. You are not going to be around when these people are watching your child, so you need to make sure they will take the proper precautions to keep your child safe.
People who leave children unattended in a hot car may be subject to civil liability if the child suffers an injury. For instance, parents may be able to file a personal injury or wrongful death claim against a daycare company or childcare agency for injuries and damages suffered by their child.
However, this is a highly complex situation with many factors to consider. For example, you would likely need to hold the negligent individual’s employer vicariously liable for damages suffered by your child. If your children were in the care of someone else who was paid to watch your children, you should discuss the situation with a licensed attorney. If this individual was a friend or family member there might not be a case.
Some of the damages that might be available in this type of case include:
There are steps parents and other caretakers can take to reduce the chances of forgetting that children are in the car, such as:
It can be challenging to deal with the aftermath of an injury while managing the legal process on your own. At Lynch Law Firm, PC, we are here to support you during these hard times.
If you or your loved ones are unsure about your legal options, 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 maximum compensation you deserve.
Call to request a FREE case review today. If we determine that you have a case and you choose our firm to represent you, there are no upfront costs.
Call today: (800)-518-0508. We are here to help.
Individuals injured by the negligence of others often file a personal injury lawsuit to recover compensation for their medical costs and other losses. However, insurance companies will not pay out on these claims automatically. They want to see proof of the accident and resulting injuries, along with any damages being claimed. Since victims are the ones asking for compensation, the burden of proof falls on them to prove there was negligence.
In this article, we explain the burden of proof, including what it is and why it is the victim’s responsibility. We also discuss the steps an attorney may take to establish negligence and prove another party was at fault.
At Lynch Law Firm, PC, our experienced personal injury attorneys in New Jersey have been advocating for injured victims for decades. If you were injured by another party’s negligence, call us to discuss your situation as soon as possible. We can help determine whether you may have a case in a completely free consultation.
Request your FREE case review. Call: (817) 920-9000 today.
The burden of proof is a legal term used to describe a person’s obligation to prove their claims are “more likely than not” true in a case. To meet the burden of proof, you have to meet a minimum standard to establish a fact in court. In personal injury cases, this standard is referred to as the “preponderance of evidence.”
An example of this is when someone gets injured in a car crash. In this type of accident, the victim must be able to prove their claim with evidence relating to the crash. This evidence could include:
New Jersey, like most states, places the burden of proof on the victims because they are the ones seeking compensation. The legal system is set up this way for protection.
As a victim, it would be much easier for you to prove another person is at fault. But as an innocent person, it would be much more difficult for you to prove you did nothing wrong.
Many claims are truthful, but there are also fraudulent ones that seek to take advantage of drivers involved in a car accident and their insurance companies.
Negligence (not using reasonable care) is determined by the following factors:
If you intend to file a claim for compensation for the injuries you sustained in a car crash, the most crucial step after an accident is to seek medical attention. This step helps to ensure you receive the medical care for any injuries you sustained as quickly as possible. Time can make a significant difference, especially if you have life-threatening injuries.
After being examined and diagnosed for injuries, be sure to follow your doctor’s care plan, even if you believe your injuries seem minor.
Once your injuries have been stabilized, you should seek legal help as soon as possible. Having an experienced attorney manage your case could greatly benefit the outcome of your claim. Calling an attorney sooner than later is key as he or she will need time to build a strong case on your behalf.
Any pictures you can take of the accident scene could support your claim. However, only take these photos if you can do so without putting yourself in any danger. If possible, capture images of your immediate surroundings, property damage and physical injuries. These and other images can help to show what happened and prove the other party’s negligence.
You should accurately document what happened leading up to and including the incident that caused you harm. Tiny details you remember initially, may quickly be forgotten within a day or two of the incident. Other details to document may include:
The legal process for recovering compensation can be overwhelming, confusing and time-consuming. There are also deadlines to meet. In addition to these reasons for seeking legal help, an attorney can also benefit your case by:
At Lynch Law Firm, PC, we have extensive experience and a proven history of success. Our firm has recovered millions for our clients, and we are ready to work tirelessly to recover full compensation for your damages.
We do not charge upfront costs, and we only get paid our fees if we win your case. Call us today for a free consultation to learn about your potential legal options. We are here to help.
Millions Recovered. Proven Results. (817) 920-9000
Accidents are an unfortunate reality of life, and they often lead to various types of injuries. One of the most severe results of accidents is blunt force trauma. While motor vehicle collisions are the primary culprits, other types of accidents can also result in these types of injuries.
Below, we discuss some of the most common types of accidents that may cause blunt force trauma and how you may be able to seek compensation for your damages.
If you suffered a blunt force trauma injury after an accident, our New Jersey personal injury lawyers are prepared to help. We can discuss your legal options during a free consultation. If we validate your claim, we do not charge you anything up front.
Blunt force trauma is a type of injury that occurs when a significant force is applied to the body over a broad area without penetrating the skin or body cavities.
Unlike penetrating injuries, where an object or projectile pierces the body, blunt force trauma results from the transfer of kinetic energy to the body’s tissues and organs upon impact. The force involved in blunt force trauma can be immense, leading to severe or life-threatening injuries.
The severity of the injury depends on various factors, including the magnitude of the force, the part of the body affected and the overall health and age of the individual.
When a blunt force hits the body, the tissues and organs absorb the energy, causing them to compress and deform. This compression can lead to various types of injuries, including the following:
In some cases, the extent of injuries caused by blunt force trauma is not immediately apparent. Therefore, it is important to get medical attention right away, especially if you are experiencing the following symptoms:
Blunt force trauma can be caused by any number of incidents. However, the most common causes are the following:
Car accidents are one of the leading causes of blunt force trauma to the body due to the significant force involved when vehicles collide.
Vehicle occupants may be propelled in the collision and their head may collide with a hard object inside the vehicle. Objects in the vehicle or those entering the vehicle due to the force of impact may also result in blunt force trauma injuries.
Additionally, safety features in a vehicle may not always work as they should. Although modern vehicles are designed to protect occupants as much as possible, there are certain limitations to safety features. In some cases, even these protections may cause an injury. For example, a driver may experience a blunt force trauma injury if his or her head or face collide with the airbag.
Pedestrians are at a significant risk of blunt force trauma when involved in accidents with motor vehicles. The human body is no match for the weight and speed of a car, making pedestrians extremely vulnerable to severe injuries.
Blunt force trauma may occur in one of three ways during a pedestrian vs vehicle accident. The first being the impact from the vehicle itself. The second is impact with the ground and the third would be if the pedestrian gets thrown into another object, like a tree or park bench.
Although technically in a vehicle, bicyclists and motorcyclists lack the protective metal framework of a car. This leaves these individuals just as vulnerable as pedestrians to blunt force trauma in a collision.
These individuals may suffer blunt force trauma from the impact of the vehicle by hitting the ground or colliding with another object in addition to being hit by their own bicycle or motorcycle.
While car accidents tend to dominate discussions about blunt force trauma, slip and fall accidents can also lead to severe injuries, especially in older adults.
Falls on hard surfaces can cause fractures, especially in bones like the hips, wrists and ankles. Older adults are particularly vulnerable to serious injuries from blunt force trauma.
You may be able to recover compensation for blunt force trauma injuries if they are a result of another party’s negligence. However, the process for doing so may depend on how the accident occurred.
For motor vehicle or motorcycle accidents, you will need to file a first-party insurance claim through your Personal Injury Protection (PIP). This coverage generally covers the costs of medical bills and other economic damages. If you exhaust your PIP benefits, then you may be able to pursue compensation from the liability insurance of the driver who caused the collision.
If you suffer a blunt force trauma injury as a pedestrian, you may also be able to recover compensation through your PIP insurance on your vehicle. If you do not have a vehicle, but someone in your household does, then you may be able to file the claim through that person’s policy, as you should be covered under it. If you have no insurance of your own, you may be able to pursue compensation from the at-fault party’s liability insurance.
In case of blunt force trauma injuries due to a slip and fall accident, you may be able to pursue compensation from the property owner whose negligent actions resulted in your fall and subsequent injuries.
You may have several legal options when pursuing compensation for blunt force trauma injuries. Therefore, it may be in your best interest to work with an experienced attorney.
Our lawyers have decades helping accident victims recover compensation for things like medical bills, lost wages and other damages.
Let us help you through the legal process. Call 800-518-0508 today.
Suffering a personal injury can have serious and long-lasting effects on various aspects of a person’s life. Although immediate consequences, such as physical pain and medical treatment are apparent, it is just as important to understand other long-term implications of a personal injury.
If you were injured due to another person’s negligent actions, you have the right to pursue compensation for your damages, including long-lasting damages. You should strongly consider working with our experienced personal injury lawyers in New Jersey to recover full compensation.
Below, we discuss the significant long-term effects that personal injuries can have on individuals and families.
Personal injuries can result in ongoing physical health concerns that may persist long after the initial incident. These concerns can range from chronic pain to more severe conditions, depending on the severity of the injury.
Some common long-term physical effects include the following:
Suffering a personal injury may also result in lifestyle changes, impacting a person’s independence, daily routines and overall well-being. For example, reduced mobility, change in career and depending on others for basic necessities.
Spinal cord injuries or limb amputations that affect mobility may require the use of assistive devices or mobility aids. Adjusting to these changes can be emotionally and physically challenging.
If an injury prevents an individual from doing certain job-related duties, it could mean he or she is unable to return to his or her previous job right away. In some cases, this could even require a complete career change.
In severe cases, personal injuries may result in a person becoming dependent on others for daily activities and personal care. This dependency can lead to feelings of frustration, loss of independence and strain on personal relationships.
The psychological effects of a personal injury should not be overlooked either, as they can have a significant long-lasting impact on an individual’s life.
Individuals who have experienced a traumatic event resulting in a personal injury may develop Post-Traumatic Stress Disorder (PTSD). Symptoms can include the following:
The emotional toll of coping with a personal injury can also lead to depression and anxiety disorders, even if the individual is not suffering from PTSD. This could result in the injured victim retreating into social isolation, which can further exacerbate these other psychological issues.
A personal injury can also have a significant financial burden on the accident victim and his or her family.
Even though Personal Injury Protection (PIP) insurance may help cover medical costs and lost wages, it may not be enough to cover the full extent of your damages for an extended period. This could result in financial restraints in the future.
If the accident victim is forced to quit his or her job or take a low-paying position, this could also have serious financial ramifications.
There may be some legal options available for individuals seeking compensation for the long-term consequences of personal injuries.
To recover compensation for the long-term impacts of a personal injury, it is important to determine the damages suffered. This includes not only immediate medical expenses but also future medical costs, ongoing rehabilitative treatment, therapy and any necessary assistive devices. Lost wages, diminished earning capacity and potential career changes should also be considered when determining the value of these long-lasting impacts.
Once the extent of your damages is determined, then your attorney can negotiate with the liability insurance company on your behalf. If a settlement cannot be reached, your lawyer may need to look at the legal options that may be available to you.
The legal process after an accident in New Jersey can be complex. That is why it is important to have an experienced attorney on your side from the beginning.
Our lawyers have decades of experience negotiating settlements, and we are prepared to take cases to court when necessary.
We offer a free consultation to determine your legal options and there are no fees while we work on your case.
Call (800) 518-0508 to learn more.
Losing a loved one in a fatal car crash is an unimaginable tragedy. Families often find themselves burdened with significant financial challenges, including funeral expenses. Navigating funeral costs after such a devastating event can be overwhelming.
Let our car crash lawyers in New Jersey help your family fight for the compensation you need. Although this will not bring your loved one back, it may help ease the financial burdens your family may endure because of someone else’s negligent actions.
Below, we discuss what surviving family members should know about navigating funeral costs after the death of a loved one in a crash.
The cost of funerals in New Jersey may vary due to various factors such as the type of service, location, funeral home and additional personalized options.
On average, families in the state might pay an estimated $16,400 for a typical funeral and burial service. Included in this average are the following costs:
Families choosing basic funeral services and to cremate their loved ones may still be expected to pay out over $12,000.
One of the immediate financial concerns family members may have after a fatal car accident is how to pay for the costs of a funeral for their loved one. In New Jersey, families may have several options.
All drivers in the state are required to carry a minimum of $15,000 Personal Injury Protection (PIP) insurance in addition to other insurance requirements.
PIP insurance compensates accident victims for economic damages after an accident no matter who caused the collision. This includes the costs of funeral and burial services. However, the death benefits paid to surviving family members from a PIP policy with a $15,000 limit max out at $1,000. Only low-income motorists who qualify for the special PIP policy are eligible for $10,000 death benefits.
Due to the high cost of these services after the death of a loved one, a minimum PIP policy may not be enough to cover the full extent of your damages.
When damages exceed the limit of PIP insurance, it is time to start looking at what other options are available.
For accident victims who died due to the negligent actions of another driver, surviving family members may turn to the liability insurance of the at-fault party. While bodily injury liability is not a requirement for drivers in New Jersey, most drivers do opt for this coverage.
Liability insurance covers economic and non-economic damages, so surviving family members may also be able to recover compensation for things like loss of consortium in addition to funeral and burial expenses.
It is important to note, however, that it is more difficult to negotiate a settlement with liability insurance companies in New Jersey due to the verbal threshold laws in the state. This law can limit an accident victim’s right to sue, so insurance companies are more likely to deny claims without the fear of having to go to court to defend their decision.
Fortunately, there are exceptions to the verbal threshold law that states a lawsuit may be brought against the at-fault party if there is a fatality associated with the accident. Therefore, if you lost a loved one in a collision, and he or she had a limited right to sue, you may still be able to sue the at-fault party.
In some cases, the victim of the car crash does not die right away. The victim may have been taken to a hospital where he or she died after a few hours, days or weeks.
If your loved one survived a catastrophic collision but died shortly after, you may be able to file a wrongful death lawsuit against the at-fault party. This type of lawsuit is brought forth by the victim’s surviving family members seeking compensation for their damages as a result of their loved one’s death. Compensation in a wrongful death case includes funeral and burial expenses.
Another option to help recover the cost of funeral and burial services is to file a survival claim if your loved one started the process of pursuing compensation but died before the case was complete. In these cases, the decedent’s estate continues the legal process of the injury case. An experienced attorney should know to include funeral and burial expenses in the demand letter to the insurance company.
If you lost a loved one in a crash caused by a negligent driver, you should strongly consider working with an experienced attorney. Our lawyers have helped accident victims and their families for decades and have a track record of success recovering millions in compensation.*
We offer a free consultation to discuss your claim, and there are no fees if we take on your case.
Call 800-518-0508 to schedule your no-cost consultation.
When you file a lawsuit to recover compensation after an accident, discovery is one of the most important first steps in the legal process. Many accident victims may not know what to expect.
Below, we discuss what steps are involved in the process of discovery and how to prepare.
If you were in an accident and are wondering what your legal options are, call our New Jersey car crash lawyers today. We do not charge you any upfront fees, and the consultation is free. There is no risk to you.
Discovery is the process of collecting evidence from the opposing party that may help build a strong case to present at a trial. It is one of the first steps after filing a lawsuit.
Court rules govern the process of discovery, so there may be some variations on what is admissible depending on where the case is filed. Generally, the process follows the same steps.
There are several steps in the discovery process. They are as follows:
This is when one party asks the other to admit certain aspects of a case that are not being argued. For example, your attorney will request that the other party admit he or she was driving the vehicle involved in the accident. The liable party may also ask you for certain admissions, especially if you have a pre-existing injury.
The purpose of requests for admissions is to make arguing the case a little simpler. It gets each side to admit facts that do not need to be argued. In the example of the liable party admitting to driving the vehicle involved in the crash, it makes your attorney’s job easier because he or she does not have to provide evidence proving this.
As for the admission of a pre-existing injury, this can be tricky. Since your medical records play a large role in the case, an old injury will most likely come to light. If it does, the opposing party may request admission of its existence. This means you must now prove your old injury was aggravated by the accident instead of being caused by it.
Once the facts in the case are admitted, the process of discovery can move on to the next step.
Also called interrogatories, this is when each side sends a questionnaire for the opposing party to answer. The questions are usually open-ended and ask for a lot of details. Due to the nature of the interrogatory questions, most states limit how many questions each party may ask.
New Jersey law states that “all actions seeking recovery for property damage to automobiles and in all personal injury cases… each party may propound ten supplemental questions, without subparts… Any additional interrogatories shall be permitted only by the court in its discretion on motion.”
In other words, each party to a lawsuit may only ask 10 interrogatory questions unless a judge approves more.
Each side must answer these written questions in a timely manner. Courts generally provide a maximum of 30 days to reply.
Your attorney may be able to object to certain questions he or she does not think are relevant to the case or if it would be an undue burden to you. For example, your attorney may not provide your Social Security number for fear of identity theft.
After written discovery is complete, the case may move on to the oral discovery portion, which consists of depositions.
A deposition is a recorded conversation between one party to the lawsuit and the opposing party’s attorney. For example, your deposition would be the insurance company’s lawyer. Your attorney would be present during the conversation.
During the deposition, you will be asked about details of the accident, your injuries and other personal information that may be relevant to the case. Prior to the deposition, your attorney will most likely go over what questions he or she expects you to be asked, so you can be prepared with an appropriate answer to help your case.
These recorded conversations will be submitted for the record, and during the jury trial, each side’s attorney will most likely reference them.
Others who may be providing testimony at the trial may also be deposed, including your doctor, eyewitnesses and other expert witnesses. If your family members are testifying, they may also be deposed.
In general, courts will allow any relevant evidence to be discoverable. In accordance with New Jersey court rules, “relevant evidence” means evidence that has a tendency in reason to prove or disprove any fact of consequence to the case.
However, there are certain limitations. For example, privileged information is not discoverable. This means any communications between you and your attorney, which are protected by attorney-client privilege, may not be submitted for discovery. Other privileged information includes conversations between you and your spouse or you and your doctor. However, if these conversations may benefit your case, your attorney may want to include at least parts of those conversations as evidence.
If the evidence is not relevant to the case, and the opposing party only wants to discover it to attack your character, it may not be admitted by the court. For example, if you had an extra-marital affair that your spouse does not know about, the liable party may try to use that as a way to attack your credibility. The court will most likely not allow that information to be discoverable or be brought up at trial since it has nothing to do with the accident or your injuries.
Information from the discovery process may be made public. Remember that a court filing is generally subject to public records requests, so theoretically anyone may access the information.
Obviously, certain sensitive information may be redacted from the record. For example, any confidential personal identifiers.
The fear of having certain details about your personal life, including your financial status, is often one reason why accident victims choose to settle with the insurance company instead of filing a lawsuit after an accident.
Discovery is mandatory if a lawsuit is filed and a judge approves the case to move forward. It may not be necessary if you settle a claim before it is time to move on to the discovery process. Discovery is also not mandatory if you never file a lawsuit.
It is important to note that you may continue to negotiate a settlement even after filing a lawsuit.
After the conclusion of the discovery phase, each party may determine its chances of having a jury rule in its favor. For accident victims, this means you and your attorney must evaluate how likely the jury is to determine the other party’s negligent actions caused the accident that resulted in your damages.
If your attorney is confident with the strength of your case, he or she may advise to prepare for a trial. You may have the option to say no and settle the lawsuit instead.
The liable party must also review its own case defending its actions or denying liability. In some instances, the insurance company may decide to settle the claim for what you and your attorney are demanding in compensation.
Each case is unique, so you should strongly consider getting legal help after an accident.
Our attorneys have decades of experience helping accident victims recover the compensation they need.
Whether filing a lawsuit or negotiating a settlement, our attorneys are prepared to help you.
We are ready to help. Call 800-518-0508 today.
Accident victims who suffer an injury often feel the effects for a long time after the initial incident. These effects could include physical and emotional damage, as well as financial stress. Therefore, it is important to pursue compensation for all the damages you suffered due to the negligent actions of another person.
Our experienced personal injury lawyers in New Jersey are prepared to help you recover all the compensation you need.
Below, we discuss what future damages are, when they apply and how compensation is calculated when they are proven.
Future damages are anything an accident victim is expected to experience after the conclusion of a personal injury case. These damages can include both economic and non-economic damage, such as:
If you lost a loved one due to someone else’s negligence or suffered a permanent injury that prevents you from partaking in activities you once enjoyed, you may be able to recover compensation for loss of consortium or lost enjoyment of life.
Yes, New Jersey law provides legal recourse for accident victims to pursue compensation for future damages. However, this can be a more complex issue in some situations.
First, it is important to determine how your injuries occurred. If you were injured in a slip-and-fall accident, you may not have many legal barriers preventing you from pursuing compensation for future damages.
However, if you were injured in a car accident, it is important to review your motor vehicle insurance policy. Do you have a standard or basic policy? A basic policy in New Jersey limits your right to sue a negligent party except in cases of serious or permanent injuries. If you suffered a permanent injury, you may be eligible to seek compensation for future damages.
It may be in your best interest to speak to an experienced attorney since every case is different. Our attorneys know New Jersey law, have decades of experience and are prepared to help.
Determining the value of your future damages can be complex. There are several factors that must be considered about the victim, including the following:
The cost of ongoing medical care must also be considered. Some accident victims may only require monthly check-ups with a specialist, while others may need weekly physical therapy sessions. The treatment depends on the severity of the injury and other factors. Some permanent injuries may require less maintenance than others.
To be eligible for compensation, you must have experienced the damages for which you are seeking compensation. However, every case is different, so not every accident victim will qualify for a future damages claim.
Generally, severe or permanent injuries may result in ongoing damages. Some of these injuries include the following:
Our attorneys can review your claim during a free consultation to see if the injuries you suffered may make you eligible for this type of compensation.
To fully qualify for compensation of future damages, an accident victim must prove he or she will suffer them. This can be an incredibly difficult task without legal help and other specialized training, as expert testimony may be necessary.
In some cases, your medical records alone may serve as strong evidence of a permanent injury. However, the insurance company will most likely fight back, especially if your case is worth a lot. You may need testimony from your treating doctor(s) to discuss how your injuries will affect you in the future.
If you are seeking compensation for loss of earning capacity due to your inability to return to work full-time or in the same profession as before the accident, an economic expert may be needed to establish the extent of your future lost income.
Seeking compensation for future damages is possible in New Jersey. However, it can be difficult without the right help.
Our attorneys have decades of experience helping accident victims recover the compensation they need.
We offer a free consultation to discuss your claim and determine your legal options.
Call 800-518-0508 today to schedule a free consultation.
To recover compensation from a liable party after an injury, you need strong evidence to prove your claim. One of the most important pieces of evidence in a case can be video footage of what happened before and during an accident.
Whether you were injured in a car crash, a slip-and-fall incident or some other type of accident, our New Jersey personal injury lawyers are prepared to help. The initial consultation is free and confidential.
With help from our attorneys, you may be able to recover some important video footage to help prove your claim. Below, we discuss how video evidence may be obtained and used in your case.
How you recover video footage depends on how the footage was captured.
Generally, if the camera does not belong to you, your attorney may need to file a formal request to recover the footage. If the camera belongs to the liable party, a subpoena may be necessary. To subpoena information from the at-fault party, a lawsuit is required.
It is important to determine what kind of footage may be available and who has access to it. Some common video recordings may come from the following:
Both public and private property may have surveillance or security cameras. Surveillance cameras are common in heavily populated areas such as:
However, some private homes also have surveillance cameras, such as a Ring doorbell camera. These cameras can record all sorts of activity around a property depending on where the camera is placed.
If you are hurt in a slip-and-fall accident on either public or private property, our attorneys may have to subpoena the video footage. Unless the surveillance camera belongs to a party not involved in the case. For example, if you trip and fall on a wet sidewalk in front of someone’s home, but the camera belongs to the neighbor across the street from where you fell.
Red light cameras in New Jersey are illegal. The cameras that were previously used to monitor speed and red-light runners are now inactive. However, the Department of Transportation in the state still uses cameras on state highways.
If you are injured in a car crash on one of these state highways where there is a camera, our attorneys may be able to reach out to the Department of Transportation for access to the footage. Since the state is most likely not the liable party in this situation, a subpoena might not be necessary. However, the process for recovering the footage could be complicated, so it may be in your best interest to work with an attorney.
A dashboard camera will most likely only help establish fault in a car crash, as these cameras typically only record when a vehicle’s engine is running.
To recover the video footage from a dashcam that does not belong to you, a subpoena may be necessary.
Almost everyone has a phone with video recording capabilities nowadays. If a bystander recorded the accident and you got their contact details, our attorneys may be able to request access to the video footage. This is one of the reasons it is important to talk to people who may have witnessed an accident.
Depending on the person who owns the video, our attorneys may or may not have to file a subpoena to recover the video footage.
Every case is different, so it is impossible to cover every potential scenario where video footage may help prove a claim.
However, one useful way video footage may help your claim is to shed light on a “he-said-she-said” argument when there is a lack of witness testimony. For example, if you slipped and fell on a wet floor in a grocery store, the owner of the store may try to argue there was a wet floor sign clearly visible in the area where you fell. If there were no witnesses in the area when you fell, surveillance footage from inside the store could help show whether there was a sign alerting the public about a wet floor.
Another way video footage may help establish fault is when there is a lack of physical evidence. For example, dashcam footage on your vehicle could help prove a driver did not check to make sure a lane was clear before switching into it, resulting in a crash.
The liable party may try and withhold video footage for as long as possible. This means the party may refuse to share it with you and your attorney, forcing legal action. In some cases, this could be an issue, as New Jersey drivers may have a limited right to sue depending on their insurance policy. However, this law does not cover injured victims who are hurt in a non-motor vehicle accident.
If the liable party has no choice but to hand over the video footage, there may be an attempt to discredit the video. For example, the insurance company may try to argue the footage is edited or the angle does not show what truly happened.
Ultimately, if your claim goes to trial, it is up to a jury to decide whether the video footage is enough to support your argument for compensation.
While video footage can serve as strong evidence, it may be a good idea to use other supporting material, including witness testimony and other physical evidence.
If you were injured in an accident due to another party’s negligence, our experienced attorneys are ready to help you.
Our lawyers can request the necessary evidence from the appropriate parties, including by subpoena.
Call (800) 518-0508 to schedule a free consultation.
You may be tempted to discuss your accident claim online or in some other public setting. However, this may not be a good idea. Remember the details of your claim should be kept private to avoid letting the insurance company use the things you say against you.
Below, we discuss reasons why you should not talk about your personal injury case publicly.
If you were injured in a crash and need assistance filing a claim for compensation, call our New Jersey personal injury lawyers today. We offer a free and confidential consultation. We also do not charge you any upfront fees while we work on your case.
There are times when the insurance company may hire a private investigator to dig up any reason to deny your claim. This is a perfectly legal move by the insurance company.
A private investigator may be able to eavesdrop on your conversations while you are in public. A public conversation could include one you are having on a cell phone while in a public setting. Although it is illegal to record the exchange, he or she may be able to take notes and report the things you say back to the insurance company.
If you must discuss your claim over the phone, it is best to do so in the privacy of your own home. Remember also, that private investigators cannot be on your property without express permission from you.
Even if the insurance company does not hire a private investigator to dig up stuff on you, the insurance adjuster may still scroll through your social media and other online posts. This includes things you post on:
The at-fault party responsible for your injuries may search your online activity as well. You may think your social posts are private because you have enabled the privacy settings. However, it is important to keep in mind that someone somewhere may be able to see it. Therefore, the best option may be to refrain from posting at all. If you cannot refrain from posting for whatever reason, then you should make sure you do not discuss any aspects of your claim, the crash or your injuries.
Most people do not have the means to cover the costs of their medical bills after an injury. Therefore, they may turn to the public for help. Usually, there is no better way to do this than by talking to the media about the accident and your inability to pay for medical expenses. This generally draws sympathy from the public. People may even donate to a crowdfunding site like “GoFundMe.”
However, this may not be a good idea for several reasons. For one, if you start a crowdfunding effort, the insurance company may try and argue that you have the funds to cover the costs of your damages. Therefore, they should not have to pay you compensation.
The insurance company may also try to argue you are only filing a claim to gain attention. Of course, they must still prove this to a jury if the case goes to trial.
Another drawback of talking to the media about your case is that the story may get twisted or some facts left out that could make you look bad. News outlets only have so much time allotted for a story, so a key element of your statement could get left out or misconstrued. The insurance company will be sure to try and use anything you say against you.
To protect the value of your claim, you should limit the number of people you discuss it with.
You should only discuss your claim with your attorney and immediate family. Your attorney is legally bound by attorney-client privilege, so he or she may not discuss your claim with anyone else. Your immediate family is likely to be just as affected by the outcome of your claim. They will also see how it affects you on a daily basis.
Although you may think you need to discuss your claim with your doctor, this is false. The only thing you should discuss with your medical providers is information about your injuries. You should not talk about how the accident happened, what the insurance policy limit is or anything else that pertains to the facts of the case. This is because your doctor’s notes may be disclosed to the insurance company.
Protecting the value of your claim is important after an accident. Our attorneys are prepared to help you hold the at-fault party accountable for their negligence.
We can discuss the details of your claim during a free, confidential consultation. There is no obligation to take legal action. We do not charge you anything up front or while we work on your case.
Call (800) 518-0508 to see how we may be able to help.
If there are cracks on a sidewalk and you trip and fall, you may be able to recover compensation for your injuries and other damages. To do so, you must prove someone else’s negligence caused the sidewalk cracks you tripped and fell on.
There are multiple parties who may be liable for your damages. Our New Jersey slip and fall lawyers are prepared to investigate your claim to determine the liable party. We can discuss your claim during a free consultation to see what legal options may be available.
There are no fees while we work on your case.
Some slip and fall hazards are created by the negligence of a property owner, such as merchandise on the floor in the aisles of a retail store. However, cracks in sidewalks are not created by property owner negligence.
Cracks often form because of the expansion and contraction of concrete caused by changes in temperature. For example, the heat during the daytime causes concrete to expand and when temperatures cool down, the concrete contracts. This can cause small cracks to form. If water, such as from melted ice or snow gets into these cracks, it can cause the cracks to expand.
Cracked sidewalks can often result from tree roots getting under concrete slabs. Trees are often planted in grassy areas next to sidewalks and as the roots grow, they create cracks in the concrete.
Poor impacting of the soil underneath a concrete slab can cause air pockets to form. These air pockets may collapse over time, causing the slab to sink down. This can create uneven spots along a sidewalk, which are tripping hazards that are like cracks.
Whether a property owner is responsible for maintenance of a sidewalk adjacent to their property depends on the type of property.
In New Jersey, homeowners are not responsible for maintenance of sidewalks around their homes. However, commercial property owners are.
A commercial property owner must ensure sidewalks are kept clear of debris, ice, snow and other hazards. They must also make sure to fix dangerous cracks or holes in the cement.
If the sidewalk is on public property, then the local government municipality is tasked with the maintenance of the sidewalk.
One of the important questions after a cracked sidewalk accident is whether it was reasonable to expect the property owner to fix the crack and whether the victim could have avoided the accident.
The party who fails to properly maintain a sidewalk, allowing the cement to crack, could be liable for damages if someone trips and falls.
According to a New Jersey Supreme Court case, a commercial landowner has the duty to maintain sidewalks surrounding his or her property the same way he or she would maintain the main premises of the property.
Therefore, if a person trips on a crack in the sidewalk because of the property owner’s negligence to fix the cement, the property owner may be liable for the damages. The accident victim must prove the property owner was aware of the hazard and failed to address it.
To prove the property owner’s negligence, you may need assistance from someone with knowledge of the legal requirements for property owners.
For example, if you were a customer at a retail store where the incident happened, the property owner owes you the highest level of care to ensure you are not injured on their property. This level of care includes regular upkeep of the property to find and warn visitors about potential hazards.
Because government municipalities are tasked with sidewalk maintenance, these parties may also be liable for damages from a trip and fall accident on a cracked sidewalk.
Proving the government entity’s negligence is also required before you can recover compensation for your damages.
It may be even more important to work with a knowledgeable attorney in these types of accident cases, as the process for pursuing compensation from a government entity can be more difficult. The time frame for filing a claim is only 90 days. Whereas injury victims pursuing compensation from a non-government party have a statute of limitations of up to two years.
If you were not paying attention where you were walking, or you were intoxicated, you may still be able to recover some compensation.
Under New Jersey’s comparative negligence laws, injury victims who are partially at fault for their own damages may still pursue compensation from the liable party, so long as they are less than 50 percent at fault. If the victim can prove he or she is less at fault than the other party, any compensation awarded will be reduced by the percentage of fault assigned to the victim. For example, if you are owed $10,000 and are found 10 percent at fault your compensation would get reduced by $1,000.
To recover even partial compensation, though, you must still prove that another party’s actions were more negligent than your own. You may be able to prove the property owner failed to fix the cracked sidewalk or alert the public of the hazard even though he or she was aware of it. In this case, even if you were not paying attention while walking, you could argue the property owner’s actions were far more negligent than your own.
If you tripped and fell on a cracked sidewalk, the first thing you should do is seek medical assistance. After that, you need to make sure you report the incident to the property owner or manager. These two steps ensure your injuries are stabilized and that there is documented proof of the accident. If possible, try and get photos of the cracks in the sidewalk and the surroundings, especially if there are no warnings about cracks in the sidewalk.
The next most important step to take after a cracked sidewalk accident is to call an experienced attorney.
Our knowledgeable attorneys have been helping accident victims for decades. We have successfully recovered millions on behalf of our clients, both in court and by negotiating settlement agreements.*
We do not charge you anything up front or while we work on your case. There is no risk to you.
Call 800-518-0508 to schedule a free consultation.
