Personal Injury Deposition FAQs

deposition faqDepositions serve two main purposes in personal injury cases. First, they allow the parties to learn about the facts of the case. Second, they let the parties develop a factual record that can be used to cross-examine adverse witnesses at trial.  Below are some of the common questions we receive regarding depositions in personal injury cases.

Q: What is a deposition?

A: This is a method of gathering information by obtaining testimony under oath from parties, fact witnesses and expert witnesses in a personal injury case. It is essentially a question and answer period, where an attorney asks a witness a variety of questions relating to the lawsuit. The witness is under oath, thus their testimony has the same force and effect as if it were in court. The deposition testimony is recorded by a court reporter and printed in a booklet called a transcript. The testimony […]

Emotional Distress and Mental Anguish Damages in Personal Injury

emotional distress in personal injury casesIn personal injury cases, damages refers to the permanent injuries suffered by the accident victim, for which monetary compensation is sought to help make them “whole” again. Personal injury awards and settlements are designed to compensate injured people for the harms and losses that they sustain. In certain cases, damages may be sought for the mental, emotional, and psychological injuries sustained by the injured plaintiff.

Emotional Distress / Mental Anguish

Mental anguish and emotional distress are sometimes used interchangeably to describe the emotional and psychological impact of a serious injury or a traumatic accident. These damages may be categorized under pain and suffering.

Depression

When someone suffers a catastrophic injury, the resulting changes can lead to depression and other mood disorders. In particular, depression frequently accompanies a traumatic brain injury (TBI). Other times, just dealing with pain, rehabilitation, life changes, and other consequences of injuries can lead to depression.

Fear

Feelings of dread and fear frequently […]

The Role of Expert Witnesses and Their Importance in Personal Injury Lawsuits

export witness personal injury

In a personal injury case, the injured party has the burden of proof. This means it is the victim’s responsibility to demonstrate that they suffered damages as a result of the defendant’s negligence. This often requires the testimony of expert witnesses in various fields.

 

What is an Expert Witness?

An expert witness is a person with specialized knowledge in a particular field that is beyond the knowledge of the average juror. Expert witnesses offer testimony in both criminal and civil legal matters. Their testimony is relied upon to prove or disprove claims. An important distinction between a fact witness (i.e. eyewitness) and an expert witness is the type of testimony they provide.

Fact witnesses offer testimony that requires no specific skill or training. They are simply relaying something they saw or heard. Expert witnesses, on the other hand, provide opinion testimony on specialized issues in the lawsuit. These witnesses […]

New Jersey Personal Injury Protection (PIP) FAQs

Personal Injury Protection FAQ

Recovering damages for your car accident is often a difficult and complicated process. Dealing with medical bills, insurance adjusters, co-pays, deductibles and maximum coverage thresholds when you are struggling with an injury can be overwhelming. The following information is provided to help answer questions you might have regarding Personal Injury Protection insurance. For more detailed information regarding the facts of your accident, please contact our law firm to schedule a free initial consultation.

Q: What is Personal Injury Protection (PIP)?

A: Personal Injury Protection (PIP) is a form of no-fault insurance available to auto insurance policyholders and other qualifying people who are injured in auto accidents. PIP covers medical treatment expenses, wage loss and death benefits, among other benefits. If you are injured in an accident, it is important to determine whether you qualify for PIP insurance benefits given the extraordinary costs of medical treatment today.

Q: […]

Personal Injury FAQ

personal injury faqPersonal injury lawsuits seek to compensate wrongfully injured people who have been injured by the negligent actions of others. These claims help to compensate the injured parties for the cost of medical treatment and lost income, as well as more intangible losses, such as pain, suffering and the loss of enjoyment of life. Personal injury lawsuits also serve to deter future negligent behavior that can harm others.

Q: What is a Personal Injury Lawsuit?

A: A personal injury lawsuit is sometimes called a tort, or a civil wrong that results in damages or injury. A personal injury claim may become available to someone after they are harmed and suffer damages due to the negligence of another person or entity. Some common personal injury claims involve:

  • Motor vehicle accidents
  • Slip/trip and falls
  • Products liability/defective drug claims
  • Medical malpractice
  • Work accidents
  • Dog bites
  • Nursing home abuse

Q: What is Negligence?

A: This […]

$1.32 Million Recovered for Retired NYPD Officer Injured in Essex County, NJ Slip and Fall

Trial Attorney Richard A. Reinartz of The Reinartz Law Firm recently obtained a $1.32 Million settlement for a client who was injured in a slip and fall accident. On Sunday January 5, 2014, retired New York City Police Department officer Andrew L. slipped and fell on ice located on the front steps of his apartment complex in Verona, NJ. As a result, Andrew sustained a trimalleolar fracture of his left ankle requiring multiple surgical procedures. It was alleged in the ensuing Essex County personal injury lawsuit that the owner of the premises had been negligent and failed to take proper measures to protect apartment residents such as Andrew against snow and ice hazards at the property. Liability and damages were disputed by the defense, and a total of 6 expert witnesses in various disciplines were retained by The Reinartz Law Firm to support Andrew’s case. The lawsuit settled just prior to a scheduled July […]

New Jersey Personal Injury Case Procedure

case procedureNew Jersey personal injury lawsuits are complex matters that involve a significant investment of time and resources. An experienced personal injury lawyer can protect the interests of a wrongfully injured person and begin building a successful case early on. This article provides a basic overview of New Jersey pre-trial personal injury case procedure.  It is not, nor is it intended to be, a comprehensive guide to litigating these cases or do-it-yourself guide.

Once a personal injury lawyer is retained by an injured person, the attorney will typically begin the process of investigating the facts and circumstances surrounding the injury. This may involve interviews with eyewitnesses, family members and other persons who have factual knowledge of the accident and the injuries. The lawyer will review all available records from doctors, hospitals, employers, and law enforcement, as well as records from any involved insurance companies. An investigator may also be hired by […]

$2.65 Million Settlement in Middlesex County Work Injury Case

A highway worker who lost his leg in a work-related accident recently settled his New Jersey personal injury lawsuit for $2.65 million. At the time of the accident, plaintiff was working on a job replacing pavement markers on Route 27 in Edison, NJ. While performing his job duties, plaintiff was hit by a pickup truck that had been left in neutral by its driver, a fellow coworker. As a result of the impact, plaintiff’s left leg was amputated and his right foot was crushed. Plaintiff now has a prosthetic leg and has been unable to return to work.

Because plaintiff received workers’ compensation benefits, he was barred from suing his employer in the personal injury action. Instead, plaintiff sued the New Jersey Department of Transportation, the entity that was responsible for the roadway project. It was alleged that the NJDOT failed to properly supervise the worksite and take adequate precautions to protect […]

How Much Is My New Jersey Personal Injury Case Worth?

injury settlementAt some point, this question is asked by every personal injury plaintiff. It is understandable that a plaintiff wants to know how much they may be able to recover in their case. They likely have lost wages, out-of-pocket expenses and have suffered permanent physical injuries at the hands of another. Unfortunately, there’s no one-size-fits-all answer to this question. Rather, each case involves a detailed analysis of a number of factors that determine the value of the claim. In this regard, information is key. The more information that is available, the easier it is to calculate the value of a personal injury case.

Economic Damages

These damages are typically the easiest to calculate. Many are clearly identifiable, such as medical bills and income lost as a result of the inability to work. Other economic damages can be calculated through expert opinion, such as the cost for future medical treatment and future […]

Union County Bicycle Accident Lawsuit Results in $1.05 Million Settlement

A plaintiff who was injured in a bicycle accident in Westfield, NJ recently settled his Union County personal injury lawsuit for $1.05 million. Plaintiff claimed he was riding a bicycle on North Scotch Plain Avenue when he was hit by the allegedly negligent motorist, who attempted to cross the roadway and enter the Westfield Memorial Pool. Plaintiff suffered a hip fracture requiring surgical insertion of plates and screws, in addition to shoulder and knee injuries. The case settled prior to trial after multiple settlement conferences with a Superior Court judge.

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