Information About Personal Injury

The following is an introduction to the services available through the law firm of J. David Alcantara. The advice or recommendation herein should not supplant the particular advice of an attorney as to any one particular case but is to be seen as general advice. You should consult with an attorney before deciding how to best proceed with your case for personal injuries.

Personal injuries encompasses a host of matters involving injuries suffered by a person as a result of the negligent conduct of another person or entity. As such, a personal injury case may involve not only a motor vehicle accident but can also involve slipping and falling, falling down an escalator or stairs, slipping due to water or other liquids on the floor, falling due to defective construction of a floor or other materials, etc.

Personal injury law aims at providing the injured person with a financial remedy for any permanent residual suffered as a result of the failure of another person to take the proper precautions to either safeguard, maintain, train or construct a product or object.

The injuries suffered must be clear due to the actions or omissions of the person to be held responsible. The liability, who is at fault, must be proven and can itself become the entire case in complex cases involving several defendants or a scenario where the injury-causing object or omission is not easily definable. Thus, there may be the need for experts in the particular field to investigate the reason why the vehicle, for example, did not properly function so as to avoid the accident or, for example, whether the municipality or government entity should or should not have placed a proper traffic signal at the particular intersection.

Personal injury can emcompass the areas of medical malpractice and products liability but those areas are often treated as an entire section of law by themselves due to the unique characteristics involving lawsuits against physicians or the manufacturer of a defective toy or equipment.

Thus, it is not merely enough to prove that the party accused is responsible or liable for causing the damages to the injured party, the plaintiff. Mere liability is not enough to file a lawsuit. The injuries must be proximate cause or be related to the omission or fault and the injuries must be sufficiently serious to initiate a complaint.

Thus, a person can suffer a minor injury involving a defective floor. If the injury is truly minor, then the matter can be settled by a negotiation and settlement. The great majority of personal injury lawsuits are settled (often over 90%) so that only the more difficult cases proceed to trial. The complexity level of a case may hinge on either proving who is liable, at fault, or/and proving that the damages or injuries are related to this accident.

It is important that the injured person confide in his/her attorney and provide a complete explanation of how the accident occurred including the location, the name of the equipment involved, witnesses, photographs, repair records, prior medical history, receipts, etc.

SLIP AND FALLS AND TENANTS:

Under New Jersey law, a tenant does have a right to sue a landlord or certain owner, in certain circumstances, for injuries suffered as a result of the premises being dangerous or defective. The right to sue a landlord for damages suffered due to defective premises is not automatic but must be proven.

A landlord or property owner owes a tenant a common law and often statutory duty of exercising reasonable care to guard against foreseeable dangers arising from the use of the premises as long as the portions of the premises remain in the landlord's control.

For example, the property owner must use reasonable care in keeping or maintaining the sidewalks or common areas in a reasonably safe condition, i.e., free of ice. If a person falls on the ice and incurs serious damages and injuries, then the landlord wil most likely be held responsible or at fault. The insurance company for the premises must immediately be notified so as to comply with notification rules. In the same vein, if the landlord has sufficient notice of a defective condition, such as a broken stairway or insufficient lighting conditions, then he may be held responsible for the injuries suffered by the tenant or other persons traversing thereon.

A landlord, however, is rarely held responsible for the independent actions of third parties, i.e., if a criminal attacks the tenant and such an attack could not reasonably have been foreseen nor prevented, then the landlord in all likelihood is not responsible. Thus, a landlord is often not held responsible for maintaining a security officer or guard for an apartment complex.

If a landlord purposely conceals or withholds information as to a dangerous condition on the premises, he will be held responsible for the injuries suffered by the person thereon.

Naturally, the injured party must suffer injuries that are sufficiently serious to warrant the filing of a lawsuit. A small bruise or scrape that quickly heals does not merit filing a lawsuit. A lawsuit may take from a few months to years to resolve.

It is very important to carefully read the lease or rental agreement for exculpatory clauses that may protect the landlord from liability. This may be a means by which a party who would otherwise be responsible avoids the fault imposed upon them by law.

In addition, a tenant should immediately document any defective condition on the premises by way of photographs, witnesses and possibly even alerting the city's housing inspection authority.

If the tenant tolerates the defective or dangerous condition then it may be that she begins to assume the risk by simply being aware of the dangerous condition and has begun to accept the same. Such defective or dangerous condition can be lead paint, lack of fire alarms, faulty and old electrical wiring, lead pipes, improper ventilation, old stoves that leak gas, improper or non fire retardant insulation or walls, lack of fire extinguishers, improper lighting, sinking foundation or roof, rotting steps and ven rodent infestation.

Ultimately, the person living in such conditions is responsible for the quality of life she desires to live. A civil complaint for injuries will only help the injured party monetarily but, equally important, the complaint will remedy the condition and lead to a better standard of living.

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