Meeting the Two Part Test to Qualify for Workers’ Compensation Benefits—Injuries Suffered on a Work Break In the aftermath of a workplace injury, you may have the right to collect workers’ compensation benefits for your disability, as well as reimbursement or payment of medical expenses tied to your injury. In New Jersey, as in most states, […]
The Elements Required in a Wrongful Death Lawsuit In the weeks and months after a fatal accident, it’s absolutely essential that you take the time to grieve your loss. At some point, though, you’ll need to decide whether you want to take legal action to recover for your losses. No amount of money can undo […]
Third Party Responsibility for Injuries Suffered In the aftermath of a motor vehicle accident, it’s customary to look to the at-fault driver to recover compensation for any losses. In New Jersey, with its “no-fault” auto insurance laws, even though you file a claim with your own insurer, your insurance company will ultimately look to the […]
Your Rights When You Are Partially Responsible for Your Own Injuries In the bulk of personal injury claims, the injured person was entirely a victim of the carelessness or negligence of others. However, in many such situations, the injured person also engaged in negligent behavior, either causing or exacerbating their injuries. If you were partially responsible for […]
The Requirement of Actual Loss In the first two blogs in this series, we looked at the elements of a personal injury claimed based on negligence and went into greater detail about the first two: the breach of the duty of care, and the demonstration of a causal link between the breach and the accident. However, you […]
Establishing a Causal Link between the Defendant’s Breach of Duty and the Accident that Caused Your Losses In Part One of this series, we looked at the standard of care required in a personal injury lawsuit and how it is determined. Once you’ve shown that another person failed to act as a reasonable person would, […]
Showing That the Defendant Breached the Duty of Care When you have been hurt because of the wrongful actions of another person, you have a right to file a lawsuit to seek compensation for all your losses, including personal injury and property damage. While you can always take legal action when the intentional acts of […]
Proving that a Medical Professional Did Not Provide the Appropriate Level of Care In most personal injury claims, the legal theory upon which recovery is sought is negligence. To prove negligence, you must show that the defendant (person or entity being sued) breached, or failed to use, the expected level of care in whatever action […]
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