Causes of Personal Injury Cases

Personal injury law is a broad category that deals with claims when someone is injured and it’s another person’s fault. A personal injury lawsuit can arise from action or inaction (negligence). There are a wide variety of types of cases when it comes to personal injury. Some of the most common seen are:

• Car accidents

• Premises liability, slip and fall injuries

• Defective products and product liability

• Nursing home injuries

• Construction site accidents and third party liability

• Serious dog bites

• Pedestrian accidents

• Playground injuries

• Wrongful death cases

Car Accidents

One of the most common types of personal injury cases in NJ is motor vehicle accidents. Many people can be injured in these car accidents as a result of another driver who may be distracted, aggressive, or intoxicated. If you sustain an injury such as whiplash, broken bones, back injury, anxiety, knee injuries, PTSD, and more from a car accident at the hands of someone else, you may be able to file a personal injury claim against the negligent driver in order to try to recover damages associated with the accident and subsequent injury.

Dog Bites

If dogs are improperly trained or traumatized by neglect, they can be dangerous and cause injuries. New Jersey law takes dog bites very seriously, like most states in the U.S., and  has a "strict liability" law that makes a dog's owner liable in a civil lawsuit when the animal bites someone, as long as the victim was on public property or was legally on private property when the incident happened. If the victim was bitten, the owner may have to pay damages for all of the injuries, even if some of them resulted when the dog jumped on the victim or attacked in other ways. (Gross v. Dunham, 221 A.2d 555 (N.J. App. 1966). It’s also important to note, that whether the injured person sues the owner for negligence or under the dog-bite law, the lawsuit must be filed within two years after the injury.

Wrongful Death Cases

If someone causes an injury that results in death, their estate and specific family can file a wrongful death lawsuit. A wrongful death claim in New Jersey may be pursued when a person's death is caused by the “wrongful act, neglect or default of another.” A wrongful death lawsuit basically can be brought if the victim – called the “decedent” – could have brought a personal injury lawsuit against another if the victim had not died. It is similar to personal injury claims because a wrongful death lawsuit requires proof of negligence. Types of damages sought in these cases can include loss of income, loss of services, and reasonable funeral and medical expenses.

David Kaplan Law

At the Law Office of David H. Kaplan, we take all personal injury claims very seriously. David Kaplan is an experienced litigator with a wealth of knowledge and expertise with the wisdom gained therein, within the areas of employment discrimination, retaliation, wrongful termination and personal injury. If you aren’t sure if you can file a personal injury claim or if you are ready to file one, contact us HERE for a free evaluation today!