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“Modified” Comparative Negligence in New Jersey: New Jersey Personal Injury Lawyer

Under New Jersey's Comparative Negligence Act, the jury in certain personal injury lawsuits may evaluate the relative degree of fault of the parties involved in the case, resulting in a reduction of the damages recoverable by the injured plaintiff, rather than a total bar to recovery. New Jersey's [...]

Dram Shop Liability: New Jersey Personal Injury Lawyer

In 1987, the New Jersey Legislature adopted the State's first dram shop statute, the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act.  That law, also known as the Dram Shop Act, constitutes the "exclusive civil remedy for personal injury or property damage resulting from the negligent service [...]

Independent Medical Examinations in New Jersey Personal Injury Lawsuits

When an individual brings a personal injury lawsuit, they purposely place their physical and/or mental health into dispute.  As a result, plaintiffs in personal injury actions forfeit certain privacy rights that they would otherwise have, including the right to keep certain mental and physical health information private. Defendants [...]

Consequences of Failing to Maintain Automobile Insurance: New Jersey Personal Injury Lawyer

All automobiles registered in New Jersey require three types of mandatory insurance: (1) Liability Insurance, which pays others for damages that you cause if you are responsible for an accident;  (2) Personal Injury Protection ("PIP"), which pays you medical expenses if you or other persons covered under your [...]

Claims For Risk of Future Disease or Disability: New Jersey Personal Injury Lawyer

Where a product increases the risk of future disease, even to an unquantifiable degree, the present costs of medical surveillance required by anticipation of that disease are recoverable in a lawsuit. In actions under the New Jersey Products Liability Act seeking to recover medical surveillance costs, the plaintiff [...]

New Jersey Work Injury Lawyer: Comparative Negligence Defense Is Unavailable In Workplace Equipment Injury Lawsuits

Defendants in personal injury lawsuits often attempt to rely on the defense of comparative negligence to reduce their liability and point the finger at the injured plaintiff as the cause of his or her own injury. In New Jersey, however, the defense of comparative negligence is unavailable against [...]

The Crashworthiness Case: New Jersey / New York Personal Injury and Products Liability Lawyer

In a "crashworthiness" case, the plaintiff alleges that a hidden design or manufacturing defect in a motor vehicle enhanced the injuries resulting from a motor vehicle accident.  Thus, the claim in these cases is not that the motor vehicle actually caused the accident, but rather that the vehicle's [...]

Punitive Damages In New Jersey Injury Lawsuits

Punitive damages are damages on an increased scale that are awarded to a plaintiff over and above the amount that will strictly compensate them for their loss.  A claim for punitive damages is appropriate where the wrong done to plaintiff was aggravated by circumstances of violence, oppression, malice, [...]