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Road rage has become a growing problem in New Jersey and across the nation. One common way drivers express their road rage is through brake-checking. This refers to intentionally hitting the brakes to scare the rear driver by almost causing a rear-end crash.
Below, our New Jersey auto accident attorneys discuss liability for brake-checking collisions, and common injuries victims may suffer in these types of collisions.
If you were injured by another driver’s recklessness, you have the right to pursue compensation for your injuries. If you need legal help, contact Lynch Law Firm PC’s experienced lawyers. We have been advocating for crash victims for decades, obtaining millions on their behalf.
Schedule a FREE case review today: (800) 518-0508.
Brake-checking describes intentionally stepping on your brakes to try to force the tailgating driver to stop following too closely.
Many drivers who brake-check do not intend to cause a car crash, but oftentimes, that is the result. If the person driving behind a brake-checking driver does not have time to react, he or she might rear-end the vehicle in front.
Other times, the tailgating driver may not be paying attention. As a result, he or she might not realize that the driver in front stepped on the brakes.
Although dangerous and aggressive, tailgating is not a good reason for a driver to brake-check the driver who is following too closely. Brake-checking is an aggressive behavior that can lead to serious consequences.
Drivers who brake-check usually resort to this act of road rage because they are angry or irritated by the driver following them. They may feel that the trailing driver is following them too closely and want to do something to get the driver’s attention.
It is important to note that these drivers may be angry about something else. Seeing someone following too closely could be the thing that sends them over the edge. They may have had a bad day at work or just got off the phone with a friend or family member and they are angry about the conversation.
Some drivers only intend to scare the trailing driver, not cause a collision. However, some brake-checkers are not thinking that far ahead. They react emotionally without thinking of the potential consequences.
There are times when drivers engage in brake-checking as part of an insurance scam. The goal is to cause a collision and seek compensation from the rear driver’s insurance company. These drivers assert that the tailgating driver is at fault, and they will deny intentionally hitting the brakes for no reason.
If you feel like someone is driving too closely behind you, instead of slamming on your brakes to intimidate him or her, the best thing to do is to maintain a safe speed. This usually forces the aggressive driver to maneuver around you.
Sometimes, a tailgating driver will put some distance between himself or herself and the driver in front after a brake check, by changing lanes or slowing down. However, brake-checking will usually only escalate a road rage situation, possibly irritating the trailing driver.
Road rage can lead to property damage or an off-road altercation. Sometimes, drivers will become incensed to the extent of starting a physical fight. A confrontation such as this can result in serious physical injuries or even death.
If you are the trailing driver in an accident caused by brake-checking, you could suffer serious injuries, some of which may have lifelong consequences.
Sudden and violent movements due to a collision can cause serious back and spinal cord injuries, such as a herniated disc. A herniated disc occurs when a disc is pushed into your spinal canal by a tear or rupture.
The impact of a collision can be severe enough to fracture your shoulder. A fracture could cause misalignment, pain and extreme tenderness when touching the injured area.
Even if you were not traveling at a high speed before your collision, it would not take much force to slam your head into the steering wheel or driver-side window or door. This could cause your brain to move inside your skull, which can cause debilitating symptoms.
A deployed airbag can cause thermal burns to a crash victim’s face, chest, arms and hands. Some crash victims may hit their face hard enough on the steering wheel, dashboard or another object to cause a dental injury.
Whiplash is caused by the violent back-and-forth movement of your neck and head during impact. Rear-end collisions are notorious for causing this injury. Victims with whiplash may experience sharp pain and/or stiffness in their neck, but they may also feel pain radiating into their shoulders.
Under Jessica’s Law, a driver can be charged with a third-degree offense if his or her road rage leads to serious injury. Third-degree offenses in New Jersey are punishable with three to five years in prison and a fine of up to $15,000.
This law was implemented after a 16-year-old girl was disabled in a car accident that resulted from road rage.
Most of the time, the driver who rear-ends the vehicle in front of him or her is held liable for the collision. This is because it is the trailing driver’s duty to maintain appropriate distance behind the vehicle in front of him or her.
However, brake-checking is reckless and negligent behavior. If a driver is rear-ended after brake-checking the trailing driver, he or she may be held liable, due to deliberately stepping on the brakes for no good reason.
These cases can be complicated, as there are many factors to consider, such as how close the rear driver was to the lead driver.
If you were injured in a brake-check collision, we strongly recommend seeking legal help as soon as your injuries are stabilized.
At Lynch Law Firm, PC we have been helping injured victims recover compensation for their car crash damages for decades. Our knowledgeable attorneys have a proven history of success.
Call our law offices any time to find out if you have a legal option for recovering compensation. If you hire our firm to represent you, there are no upfront costs to pay.
Request your FREE case review today. Call (800) 518-0508.
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.
Motorcycle accidents are often catastrophic events that result in devastating injuries or death. When negligent drivers cause an accident, you and your family may be eligible to pursue compensation to pay for medical bills, lost wages and property damage.
At Lynch Law Firm, PC, our New Jersey motorcycle accident lawyers have seen firsthand the devastation that these types of accidents can cause. We are committed to helping injury victims recover by seeking maximum compensation. We obtained $1,000,000 for one of our clients who was injured in a motorcycle crash.* Read some of the reviews we have received from some of our clients to learn what they are saying about how we helped them.
Partners James and Arthur Lynch have both obtained numerous verdicts of one million dollars or more.*
Do not hesitate to contact us today for a free, no-obligation consultation if you or someone you love was injured in a motorcycle crash. There are no upfront fees or fees while we work on your case – we do not get paid unless you do.
Need legal assistance? Find out how Lynch Law Firm, PC can help. Call (800) 518-0508 .
Since no two motorcycle crashes are the same, it can be difficult to determine whether you may qualify for compensation without first discussing your claim with a licensed lawyer. Our team of legal professionals can determine if you may qualify for compensation in a Free Case Evaluation.
The main thing our lawyers must consider when trying to validate your claim is whether we may be able to establish the four elements of negligence:
If you have questions about whether you have a valid claim, do not hesitate to contact a New Jersey motorcycle accident lawyer from the Lynch Law Firm, PC. Our team of legal professionals is well equipped to help build a strong case.
Determining the value for a motorcycle accident claim could be challenging without the help of a legal professional. Our attorneys have in-depth knowledge of state and local laws and hands-on experience with these types of cases.
Some of the forms of compensation you could receive may include:
If you lost a loved one in a motorcycle accident, you may also be eligible for additional compensation through a wrongful death lawsuit. When investigating your situation, we will determine all forms of compensation you may be eligible for.
Let our attorneys handle the complexities of the legal process so you can focus on your recovery.
Accident victims often do not know the many benefits of hiring a licensed New Jersey motorcycle accident lawyer. There are many steps we are prepared to take to help validate your claim and build a strong case:
We are committed to aggressively pursuing the compensation you need to get back on your feet after an unexpected accident.
Many accident victims may not realize they only have a certain amount of time to file a claim. The New Jersey statute of limitations for a motorcycle accident is usually two years from the date of the crash or from the date you discovered your injury.
However, since everyone’s situation is different, there may be instances where the two-year period may be extended or shortened, depending on the details of your case. It is important to discuss the deadline for your claim with a reputable lawyer.
Have Questions? Give us a Call Today. (800) 518-0508
You may still be able to obtain compensation for your claim. However, it is important to note New Jersey has a comparative negligence law that says your compensation award can be reduced if you are partially at fault for the crash.
You can be sure the insurance company will use the fact you did not wear a helmet against you and assign some amount of fault to you, particularly if you suffered head injuries. They will likely argue your injuries would have been less severe if you were wearing a helmet.
The law also states you cannot recover any compensation from a party that holds less fault than you. The insurance company may claim you not wearing a helmet is an example of reckless behavior and pin the blame for the crash on you.
It is also important to note New Jersey requires all motorcycle riders to wear helmets, unlike some states that mandate it for riders under the age of 18 or 21. After the accident, you may receive a traffic citation, and you can be sure the insurance company will use this against you.
While not wearing a helmet could make it more difficult to recover compensation, it also puts you at much higher risk for a serious injury. Statistics show riders without helmets are three times more likely to die from head injuries compared to riders with helmets.
Even though New Jersey is a no-fault state, these laws do not apply to motorcycles. (In a no-fault state, accident victims usually pursue compensation from their own insurance policies instead of the policy of the at-fault driver.)
That means you cannot purchase personal injury protection to cover you after a crash. You will likely need to file an insurance claim against the at-fault driver’s policy.
Unfortunately, motorcycle crash injuries are often so severe that medical expenses are worth more than the value of the other driver’s liability insurance. The minimum required liability insurance in a standard New Jersey auto insurance policy is $15,000 per person and $30,000 per crash, although many drivers buy more than the minimum required coverage.
If you exhaust the other driver’s insurance coverage, you may be able to use the uninsured/underinsured motorist coverage in your motorcycle insurance policy to cover additional expenses. However, these types of claims can be complicated, and you should strongly consider seeking help from an experienced attorney.
Lynch Law Firm, PC. No Upfront Fees. Ph: (800) 518-0508
Yes, like the rider, you may be able to file a claim against the at-fault driver’s insurance policy. If the motorcycle rider was at fault, you may also be able to file a claim against his or her insurance policy. You may feel uneasy about filing a claim if the rider is a friend or family member, but you are not suing him or her. You are seeking compensation from the rider’s insurance provider.
The short answer is yes, you may be able to pursue a claim. A “no contact” motorcycle accident occurs when a rider loses control of his or her bike and crashes, and the accident did not involve a collision with a reckless driver.
There are many reasons why these crashes occur including tire blowouts, potholes in the road or uneven surfaces. A product manufacturer or government entity responsible for maintaining the road may hold liability in a no-contact crash claim. However, these claims can be difficult to prove without the help of a qualified lawyer.
Motorcycle crashes are often caused by reckless driving. Some of the most common examples of reckless driving that could lead to accidents include:
When other motorists fail to respect the rights of motorcyclists or do not follow the laws of the road, they gravely endanger motorcycle riders and their passengers. If that negligence causes an accident, there is a significant chance that those riding the motorcycle will suffer severe injuries.
Some of the most severe injuries that often happen in motorcycle crashes:
These types of injuries require expensive and long-lasting medical treatment. Unfortunately, insurance providers often undervalue claims or deny them, as their focus is to pay out as little compensation as possible.
That is why you need an experienced attorney representing you, as he or she will be focused on recovering maximum compensation. With more than 20 years of experience representing injury victims throughout the state, our New Jersey motorcycle accident lawyers are ready to help you.
If you have been injured or lost a loved one in a New Jersey motorcycle accident, do not hesitate to contact our experienced attorneys. The Lynch Law Firm, PC has recovered over $300 million in verdicts and settlements.*
Because we work on a contingency-fee basis, you will owe us nothing unless we recover a settlement or verdict for you. Your initial consultation is free and there is no obligation to hire our services.
Our office is located in Hasbrouck Heights at 440 Route 17 North, which is only a 10-minute drive from the Holy Name Medical Center in Teaneck.
Lynch Law Firm, PC. Proud to protect the rights of the injured. Call (800) 518-0508 .
An injury at work can greatly impact your livelihood and the financial stability of your family. Fortunately, workers’ compensation laws may allow you to receive certain benefits to help cover the costs of medical care, disability benefits, lost wages and even death benefits.
Whether you or a loved one has suffered a work-related injury or illness, the New Jersey workers’ compensation lawyers at Lynch Law Firm, PC are prepared to guide you through the process of applying for benefits, appealing a denied claim, seeking additional benefits or filing a third-party personal injury lawsuit, if appropriate. In more than two decades, our firm has obtained millions in compensation on behalf of our clients.*
Contact us today for a free, no-obligation consultation. There is no risk in calling to learn about your rights and no upfront fees for our services. We do not get paid unless we help you recover benefits.
Call (800) 518-0508 to find out how we may be able to help you.
Workers’ compensation is a no-fault insurance program that provides benefits for medical care, lost wages and permanent disability for workers who suffer job-related injuries or illnesses. Death benefits are also available in situations where a worker is killed on the job.
Under this program, compensation benefits are available regardless of who caused or contributed to the accident. However, this also means that workers forfeit their right to file a personal injury lawsuit against their employer for pain and suffering or other damages unless the case involves intentional acts.
The Division of Workers’ Compensation is responsible for administering the New Jersey Workers’ Compensation Act (N.J.S.A. 34:15-1 et seq.). This legislature enforces the law that requires employers to purchase workers’ compensation insurance and ensures workers receive fair and timely benefits.
Employers are required to post information about their workers’ compensation insurance in a visible location. They must also establish clear procedures for employees and managers for handling workplace injuries and workers’ compensation benefits.
If you have been injured on the job, there are specific guidelines for filing a workers’ compensation claim. Reach out to a member of our legal team to see whether you may be eligible for benefits.
For more than 20 years, we have helped injured workers recover the benefits they need. Under the New Jersey Workers’ Compensation Act, employees injured while performing their job duties may be able to receive the following benefits:
Obtaining medical care for a job-related injury or illness can be costly and cause unwanted stress. Reasonable medical expenses for necessary services are covered under workers’ compensation, such as:
The employer or its insurance company has the right to designate medical providers for work-related injuries. If you are treated by another doctor without permission, your medical bills may not be covered.
Injured workers who are disabled and unable to work for more than seven days may be able to receive temporary total benefits to replace lost wages. These benefits help pay for 70 percent of the worker’s average rate of pay up to a maximum amount as established by the Commissioner of Labor and Workforce Development.
Temporary total benefits are also provided until a doctor releases you to return to work, you reach maximum medical improvement, meaning that no additional treatment will aid your injury or illness, or you reach the maximum amount of time for these benefits at 400 weeks.
If a job-related injury or illness causes permanent injury, a worker may be able to receive benefits based on his or her functional loss. New Jersey has a schedule of disabilities that list the maximum benefits for impairments for certain body parts. A scheduled injury could include eyes, hands, arms, legs and feet while a nonscheduled injury could involve other body parts or organs (heart and lungs). These benefits begin after temporary benefits end and are paid on a weekly basis.
Workers who are permanently disabled by a workplace injury or illness and cannot return to work may be eligible for permanent total benefits, which pay 70 percent of the worker’s average rate of pay up to the maximum allowable benefit. These benefits are available for 450 weeks but may be extended if the individual remains totally disabled. To extend your benefits, you would have to be evaluated and prove that you had were still unable to work.
When an injury or illness results in a fatality, death benefits can be paid to the surviving spouse, children or other eligible dependents up to a certain limit. Up to $3,500 in funeral and burial costs must be paid by the worker’s employer. For one dependent, these benefits are generally 50 percent of the deceased worker’s wages. The compensation rate increases by five percent for every additional dependent up to 70 percent of the deceased worker’s wages for a maximum of 450 weeks from the date of death.
New Jersey provides workers’ compensation benefits to workers who sustain injuries as a result of an accident arising out of and in the course of employment. This means that you must be at work and performing your assigned job duties, not driving to or from your workplace.
However, there are exceptions for when a worker may be eligible for benefits if an accident occurred away from the workplace, such as if a job or assignment required travel. This could include commuting for a business meeting or riding in a vehicle contracted, leased or owned by the employer as a condition of your employment.
If you have encountered difficulties in recovering the full benefits you need, it is in your best interest to contact a reputable attorney. Our New Jersey workers’ compensation lawyers are experienced in helping injured workers and their families recover what is rightfully owed to them.
Talk to a lawyer today. Ph: (800) 518-0508
In some situations, it may be possible to seek additional compensation by filing a personal injury lawsuit against a third party that was at least partially responsible for your accident and injuries.
Workers’ compensation laws prevent injured employees from filing a lawsuit against their employer, but you can make a claim against any other parties that may have contributed to your injuries. This could include anyone who is not your employer or coworker, such as:
With an in-depth knowledge of workers’ compensation laws in New Jersey, we are prepared to help you determine any and all additional parties who may be held liable for your injuries to ensure you pursue every available source of compensation.
It is important to notify your employer of a work-related injury or illness as soon as possible. Notifications can be done in writing or verbally. Failure to give notice will forfeit your rights to workers’ compensation benefits.
Once your employer receives notice of your injury, he or she is responsible for notifying his or her workers’ compensation insurer. The insurance provider will then begin its investigation into your claim to determine whether you will be awarded benefits.
If your employer disputes your injury or does not report it, you have the option to contact the workers’ compensation insurance provider directly or you could file a claim. Workers’ compensation claims in New Jersey must generally be filed within two years from the date of injury.
In most situations, you are only allowed to see a doctor that your employer provides. Medical bills will be paid for as long as the treatment is approved. Unauthorized treatment could include:
Only certain circumstances would allow you to seek necessary medical care from any doctor you choose and still get reimbursed for the cost, such as when your employer neglects or refuses to provide services that are reasonable and necessary to help relieve you from an injury or treat an illness.
Although filing a claim for New Jersey workers’ compensation seems like a straightforward process, it does not always proceed as it should. Your employer and/or its insurer may attempt to claim that your injuries did not happen while at work or that they are not as serious as you claim. When this happens, you have the right to appeal a denied workers’ compensation claim.
The Division of Workers’ Compensation has two avenues for an appeal: a formal and informal hearing. An informal hearing is a more expedited process. An Application for an Informal Hearing must be submitted. The case would be assigned to a judge and a hearing date set within weeks. The judge would assess all of the evidence before making a recommendation. If a dispute is not resolved, you may request a formal hearing.
For a formal hearing, a Claim Petition form must be filed within two years from the date of your injury or the date you last received compensation from the insurance provider, whichever comes later. The case would be assigned to a judge and a hearing date set within six months. The hearing would be similar to a trial, with both sides presenting evidence and having witnesses testify. The judge would then issue a written decision.
If the decision is not favorable, you may appeal to the state courts of New Jersey in the Appellate Division of the Superior Court. Our lawyers are ready to help you with the appeals process should your claim have merit.
Read some testimonials by our satisfied clients.
Some of the most common claims for workers’ compensation include injuries such as:
Some workers may have an increased risk for developing an occupational disease, such as carpal tunnel syndrome or heart disease. In other industries, there is also a higher risk of developing certain conditions, such as cancer or mesothelioma, when exposed to hazardous substances over a long period of time.
At Lynch Law Firm, PC, we are committed to protecting injured workers’ rights to fair and complete compensation if they have been injured while at work. We have the resources required to take on large employers and their insurance companies, and we are prepared to provide the legal help you need.
Contact our New Jersey workers’ compensation lawyers to schedule a free, no-obligation consultation to discuss your claim. We work on a contingency fee basis, so we do not get paid unless you obtain a recovery.
Trusted. Local. Lawyers. Ph: (800) 518-0508
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.
Damage to the spinal cord can result in a devastating injury that affects your ability to live a normal and functional life. Many spinal cord injury victims suffer loss of sensation and motor control, which may result in a victim requiring extensive medical treatment and permanent disability.
If you or a loved one suffered a spinal cord injury due to another’s negligence, it is imperative that you contact an experienced New Jersey spinal cord injury lawyer to discuss your claim. Lynch Law Firm, PC’s trusted personal injury attorneys will provide you with a free, no obligation consultation to review the circumstances behind your accident and the effect your spinal cord injury may have on your life.
We know the difficulties accident victims endure after suffering a debilitating injury. Our attorneys will help you understand how to file a spinal cord injury claim to help you obtain the compensation you need.
Spinal cord injuries are divided into two main categories:
After your accident, your attorney will review several aspects of your claim to determine if the other party is at fault for your injury. There are four elements that must have been present during your accident:
Spinal cord injuries often require extensive medical treatment and have a long-term effect on the victim’s life. This may result in the victim incurring expensive medical bills and suffering a loss of income.
For this reason, spinal cord injury victims may be entitled to pursue several types of damages for their claim, including compensation for:
During your free, no obligation consultation, our attorneys will review the amount of pain and suffering you have endured since acquiring a spinal cord injury. We will be able to determine an accurate amount of compensation that may reflect the injury and financial losses you have suffered.
If you are filing a claim for a spinal cord injury, there are several types of records and documents that may help your case. If possible, you should immediately begin compiling evidence that your attorney may use to build a case that proves your claim. This may include:
Your attorney will review the evidence you present to help you determine if you are entitled to pursue a personal injury lawsuit against the at-fault party. He or she will work tirelessly on your behalf to obtain the compensation you deserve.
In New Jersey, the statute of limitations for personal injury lawsuit is two years from the date on which you were injured. This means you have two years from the date of your accident to sue the at-fault party for causing you to suffer a spinal cord injury. If you wait too long to take action, you will lose the right to pursue compensation.
Often, insurers will deny personal injury claims or reduce the amount of compensation you can receive. For this reason, it is crucial to contact an attorney to discuss filing a claim as soon as possible. He or she will understand where your claim stands within the statute of limitation and will help you file your case before the deadline passes.
A spinal cord injury is one of the most devastating injuries you can suffer during an accident. Many victims suffer permanent impairment that causes severe debilitation and prevents them from living the lifestyle they once enjoyed.
If you or your loved one suffered a spinal cord injury due to another’s negligence, Lynch Law Firm, PC’s dedicated attorneys will not hesitate to pursue the maximum compensation for your claim. Contact us today to schedule a free, no obligation consultation for us to review your claim and the accident that caused your injury.
All of our attorneys work on a contingency fee basis. This means you will not be charged upfront legal fees and you only have to pay us if we recover compensation for your claim.
Call (800) 518-0508 today to find out if you have a case.
Motorcycles offer riders an array of benefits, from the feeling of freedom of being on the road to significantly higher gas mileage than the average car or truck. However, these benefits come at a cost. The risk of injury and death is much greater in a motorcycle accident compared to a car crash.
A motorcycle accident attorney in New Jersey can be a valuable resource after an accident. We can review the details of your accident and injury and help you fight for the maximum compensation you need for your injuries. Contact our attorneys today for a free consultation if you suffered from one of the injuries listed below, or from another not listed here.
The most common bone fracture caused by a motorcycle accident is a broken leg. The bike will often fall over on one side or another when it crashes. The driver, unfortunately, bears the weight of a sudden fall on his or her leg.
Wrist and arm fractures are also common as bikers will often automatically attempt to break their fall with their arms when they realize they are going to tip over.
Pelvis and shoulder fractures are also common because of the lack of protection offered by motorcycles.
Head injuries are prevalent in motorcycle accidents as there is nothing, other than a helmet, protecting this vital part of the body. Head injuries often cause long-term health issues and can be fatal.
Wearing a helmet is required in New Jersey, and research has shown that helmets can reduce the severity and number of head injury occurrences by half. It is essential to follow the law and wear an approved helmet every time you get on your bike.
Because there is usually nothing holding a rider to the bike, bikers are often thrown from their motorcycle in a crash. In these circumstances, the rider’s skin may come in contact with the pavement, which can cause an injury similar to rug burn on your skin, known as road rash.
Road rash removes layers of skin, and can lead to nerve damage and infections, both of which can result in long-term harm.
Having padded clothing and wearing long sleeves and pants can help protect against road rash. However, this type of motorcycle injury can occur even when you have clothing or protection over your entire body.
Spinal cord injuries can also occur if a biker is thrown from his or her bike. While back injuries are common in every car accident, they are especially severe in motorcycle accidents. Spinal cord injuries can be extremely serious and may lead to a sharp decline in motor skills, including paraplegia and quadriplegia.
Back injuries can also lead to long-term back pain and limitations in mobility, even if the spinal cord is not directly affected.
Your helmet should also have proper eye protection, or you should wear goggles to protect your eyes. Dust, gravel and other objects can fly into your eyes as you ride. These hazards can cause damage and may inhibit your ability to see properly, which can lead to serious accidents.
Even tiny objects that fly into your eyes at high speeds can result in damage to your cornea. In serious cases, it can also lead to blindness and long-term vision problems.
New Jersey has specific safety laws that are in your best interest to follow. Using extra protective gear and ensuring that you are always on the lookout for others can help prevent some of these common motorcycle injuries.
The Lynch Law Firm, PC assists clients who have been injured in a motorcycle accident. A personal injury attorney from our office can help you present your case to an insurance company, judge or jury. Schedule your free consultation to discuss your potential claim today.
Call (800) 518-0508 today.
Data from the National Highway Traffic Safety Administration shows that are five types of injuries that are most common in car accidents. It is also not uncommon for an individual to suffer more than one of these injuries.
If you have sustained an injury mentioned above or any other that resulted from an automobile accident, the New Jersey accident attorneys at Lynch Law Firm, PC will fight to secure the compensation you deserve for your medical bills, lost wages, and pain and suffering.
A third of U.S. brain injuries are the result of vehicle accidents. Car accidents can subject drivers and passengers to blows to the head. The impact can result in traumatic brain injuries, ranging from mild to severe. Brain swelling can take place, even when no bruises or lacerations are present.
Spinal cord injuries from car accidents can result in paralysis, as well as less significant loss of feeling and function. Bone fragments, ligaments and discs may sustain bruising, or they can impact spinal cord tissue. Such injuries can cause nerve damage.
When the body comes into contact with a vehicle’s windshield, steering wheel, airbag, dashboard or seats, injuries to the face may result. Bruising, deep cuts and bone fractures may occur, as well as trauma to the teeth and jawbone.
Car crashes commonly result in neck injuries. Less severe injuries like whiplash or neck strain may occur, or an individual may suffer from a more severe disc injury or cervical dislocation. Neck injuries commonly result from head-on accidents and rear-end accidents. Neck injuries include trauma to the larynx and trachea, which can result in permanent disabilities.
Lower back injuries commonly result from car accidents. Strains, disc herniation, vertebrae fractures and sprains can cause long-term disability, and may not appear right after an accident.
Call (800) 518-0508 today and let us review your claim.
