PERSONAL INJURY LAWYER NEW
BRUNSWICK NJ
There are over 50,000 residents in New Brunswick and, unfortunately,
there are times when the residents of New Brunswick and visitors are hurt
through no fault of their own in accidents.
When people get hurt in a New Brunswick, NJ accident due to the
negligence of another, it is important that those who wish to explore their
legal options seek the assistance of an experienced New Brunswick NJ Personal
Injury Lawyer. Super Lawyers is an
organization that ranks the best lawyers in New Brunswick and throughout New
Jersey. Attorney Daniel Sloan was named
to its Rising Stars list since 2016. He
has recovered millions of dollars throughout the course of his career for his
clients.
New Brunswick NJ Personal Injury Attorney – Call (908) 358-2938
Personal injury cases are complex and winning them
requires an understanding of all aspects of the law in New Jersey. Handling them on your own is not
advisable. Defense attorneys and
insurance adjusters have a great deal of experience handling injury
claims. It is important to have
experience on your side too. On behalf
of the client, the Sloan Law Firm will focus on:
§
Getting medical bills paid
§
Recovering compensation for pain and suffering
§
Recuperating lost wages
The Sloan Law Firm handles many different personal injury
cases in New Brunswick, NJ, including:
·
Snow and Ice Accidents
·
Catastrophic Injury
·
Dog Bites
·
Car Accidents
·
Construction Accidents
·
Slip and Falls
·
Medical Malpractice
·
Traumatic Brain Injuries
·
Wrongful Death
·
Product Liability
·
Bus Accidents
·
Truck Accidents
·
Bike Accidents
·
Slip and Falls
·
Spinal Cord Injuries
·
Burns
·
Scars
·
Premises Liability
·
Prescription Drug Errors
·
Sidewalk Accidents
NEW BRUNSWICK PREMISES LIABILITY ACCIDENTS
Premises liability is the area of law that requires a New
Jersey landowner, usually a store owner, to safeguard others on the premises
from dangerous or hazardous conditions that could result in injury. In New Jersey, all commercial property and
business owners must provide a safe environment for the people on their
property.
For premises liability to apply, there must be negligence
or some other wrongful act by the commercial landowner or some entity using the
property, such as a property management company. It is important to remember that a business is
not automatically responsible for an injury simply because an accident occurred
on the premises. The business responsible for maintaining the premises may only
be liable if there was a wrongful act, such as a failure to inspect the
premises or a failure to correct a hazardous condition that the landowner knew
about.
Some common premises liability cases involve:
·
Grocery store negligence – usually a failure to
clean up a slippery substance
·
Hazardous sidewalks – a defect in the sidewalk
·
Dangerous stairs or staircases – due to no
railing
·
Slip & fall accidents
·
Escalator malfunctions
·
Snow & ice accidents
·
Negligent security
·
Dog or animal attacks
·
Insufficient lighting – many times this occurs
in a stairwell
·
Construction site negligence
·
Shopping Center negligence
·
Parking lot hazards
·
Amusement park accidents
·
Swimming pool negligence
·
Faulty electrical wiring
·
Fire
·
Burn hazards – such as an unprotected radiator
For those injured on the premises of another, medical
bills can pile up fast. Victims deserve
compensation for their pain and suffering.
In any case, the Sloan Law Firm looks to recover fair and just compensation
for those injured through no fault of their own. This includes: recovering medical expenses,
pain and suffering and, where appropriate, lost wages.
NEW BRUNSWICK SLIP AND FALL INJURIES
Premises liability cases usually involve “slip and fall”
or “trip and fall” accidents. Slip and
fall accident cases are complex and it is important that anyone injured in this
manner consult a New Jersey slip and fall lawyer. The first question when examining a New
Jersey slip and fall lawyer usually asks about is the location of the
accident. The reason why this is
important is because it is much easier to prove a negligence against a
commercial landowner than it is to prove against a residential landowner in New
Jersey. Anyone examining a court docket
could immediately determine that many cases are against commercial entities
such as:
• Big-box
stores
• Home
improvement stores
• Grocery
stores
• Apartment
complexes
• Business
complexes
New Jersey premises liability law requires big-box
stores, home improvement stores, grocery stores, apartment complexes, business
complexes and other commercial landowners to repair or to prevent conditions
that could result in someone being hurt.
This includes the sidewalks surrounding the property. Failure to do so may result in the commercial
landowner being held liable for injuries.
In order to prove that a commercial entity is negligent,
an injured victim generally must prove that there was a dangerous or hazardous
condition on the premises and that the commercial landowner had knowledge of
it. This is typically done with the help
of an expert. Experts are permitted to
give opinions when testifying in court.
Causes of Slip
& Fall Accidents
• Snow
and ice accidents
• Re-freezing
incidents
• Spills
• Debris such
as wet leaves and garbage
• Indoor
paint on an outdoor surface
• Non-slip
resistant flooring
• No
railing
• Improper
lighting
DOG BITE INJURIES IN NEW BRUNSWICK
Unlike most other states, the liability of a dog owner
for a dog bite is governed by statute in New Jersey. N.J.S.A. 4:19-16 provides:
The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
Strict Liability
There are a few important aspects of the dog bite statute
to point out. First, the statute makes
dog owners strictly liability whenever his or her dog bites someone else. Generally, a plaintiff in a personal injury
case must prove negligence. This is
difficult because many times the plaintiff must find an expert to render an
opinion and testify in court as to a defendant’s negligence. In a dog bite case, a plaintiff does not have
to do so. Under New Jersey’s dog bite
law, an owner of a dog that bites another is negligent as a matter of law. The plaintiff does not have to prove
negligence at trial. The plaintiff does
not have to prove that the dog owner knew or should have known that the dog was
vicious. The issue simply whether or not
the dog bit another.
Dog Ownership
There are a few issues, however, that must be addressed
before strict liability is applied to a dog bite case. In many cases, the owner of the dog is not so
readily identifiable. Under the dog bite
statute, a dog owner is not defined so the courts are often forced to address
the issue. New Jersey’s courts have been
reluctant to identify a landlord as a dog owner. However, the courts have found that co-inhabitants
can both be owners of the dog. Unless
ownership is clear, the courts essentially have to determine who the dog owner
is on a case by case basis.
Lawfully Upon
Private Property
It is also important to remember that the victim must be
on the property lawfully. Those that
enter the property illegally are generally not able to collect compensation for
dog bite injuries. Sometimes, there are
issues as to implied invitation. In
cases of implied invitation, the issue may have to be determined at trial.
Provocation
Those injured as a result of a dog that he or she
provoked are not usually entitled to compensation. In some cases, a trial is the only way to
determine whether the dog was provoked because what is and what is not provocation
can be in dispute. Is teasing the dog
provocation? Some jurors may so yes and
some may say no.
A person injured in New Jersey as a result of a dog bite
must therefore show three elements for the owner to be liable:
•
The defendant is the owner of the dog;
•
The dog bit the injured party; and
•
The bite occurred while the injured person was
in a public place or lawfully in a private place, including the dog owner’s
property.
Any person injured as a result of a dog bite is entitled
to compensation when these elements are satisfied assuming none of the
exceptions apply.
NEW BRUNSWICK CATASTROPHIC INJURIES
Catastrophic injuries are always tragic. The can be caused by medical malpractice,
tractor-trailer accidents, bus accidents, workplace incidents and in many other
ways. The National Center for
Catastrophic Sport Injury Research in the United States classifies catastrophic
injuries based on the three outcomes associated with them: fatality, those
causing permanent severe functional disability, and those causing severe head
or neck trauma with no permanent disability.
Types of
Catastrophic Injuries
Common types of acute catastrophic spinal injuries are
those associated with unstable fractures and dislocations, intervertebral disc
herniation, and transient quadriplegia.
These most commonly affect the cervical spine (neck), but also affect
the thoracolumbar spine (back) and cause spinal cord neuropraxia.
A number of injuries can qualify as catastrophic
injuries, including:
• Wrongful
Death
• Traumatic
brain injury
• Severe
scarring/burns
• Amputations
• Permanent
Vision and Hearing loss
• Loss of
Fetus
• Paralysis
• Fractured/Broken
bones
Recovery from catastrophic injuries is long and
complex. Catastrophic injuries usually
require long-term medical care, loss of employment or long-term absence and
dipping into retirement to pay medical bills. A life care plan is sometimes
established for the patient to address the his or her needs.
Components of the life care plan may include:
• home
renovations
• adaptive
van
• durable
medical goods/equipment and wheelchairs
• nursing
• facility
care/services
• home
care/services
Compensation for
Catastrophic Injuries
There is never enough money to compensate those that have
sustained catastrophic injuries through no fault of their own. The Sloan Law Firm will seek justice on
behalf of those injured severely. The
Sloan Law Firm will seek, where appropriate, compensation for:
• Medical
bills
• Loss of
income
• Property
damage
• Pain
and suffering
• Loss of
enjoyment and/or consortium
If you or a loved one sustained a catastrophic injury in
New Brunswick, the Sloan Law Firm may be able to help. For free consultations 24 hours a day, call
(908) 358-2938.
NEW BRUNSWICK, NJ CAR ACCIDENTS
One of the first steps in examining an auto accident case
in New Brunswick, New Jersey is to review the police crash investigation
report. Many times, auto accidents are
the result of a rear-end impact, an improper left-hand turn or carelessly
entering a traffic intersection. As a
general rule, drivers that cause a rear-end impact to the vehicle in front of
them or drivers making a left-hand turn that results in an impact are
negligent. In addition, any driver that
does not stop at an intersection with a stop sign or a red light is clearly
negligent. Occasionally, there are cases
where a passenger is injured in a two-car accident and both drivers are negligent. For these reasons, the police report is a
very important document in any auto accident case to determine who was at
fault.
Generally, the police report will also identify any
aggravating circumstances involved in the auto accident. For example, the police report may identify
whether any driver involved in an accident was under the influence of alcohol
or whether the accident was a Hit and Run.
Types of New
Brunswick, NJ Auto Accidents:
·
Car Accidents
·
Truck Accidents
·
Garbage Truck Accidents
·
Tractor-Trailer Accidents
·
Bus Accidents
·
Motorcycle Accidents
·
Bicycle Accidents
·
Pedestrian Accidents
·
Taxi Accidents
·
Uber Accidents
·
Lyft Accidents
·
Crosswalk accidents
·
Parking Lot Accidents
TRUCK ACCIDENT INJURIES IN NEW BRUNSWICK
The trucking industry is a very important for the United
States and the New Jersey Turnpike is one of the main thoroughfares. Every day, thousands of semi-trailer and
tractor-trailers traverse the New Jersey Turnpike, Route 18 and other major
roadways. Unfortunately, there are
incidents of truck accidents on our roadways.
It is important for anyone injured due to a truck accident in New Jersey
to consult with a New Brunswick New Jersey Truck Accident Lawyer.
Common Causes of New
Brunswick, NJ Truck Accidents
·
Driver fatigue
·
Slippery roadways
·
Reckless driving
·
Blind spots
·
Mechanical problems
·
Road design
·
Traffic signal errors
New Jersey truck accident can be heartbreaking because
they generally involve severe injuries and fatalities. Because of the inherent dangers associated
with truck accidents, the Federal Motor Carrier Safety Regulations are
comprehensive. A violation of any of
these regulations by the truck driver or the trucking company may be used to
establish negligence. New Jersey has its
own wide-ranging motor vehicle laws. Any
violation of New Jersey motor vehicle laws may also be used to establish
negligence by the truck driver or trucking company in an injury case involving
a semi or tractor-trailer or garbage truck.
For example, tractor-trailers are sometimes not permitted in the left
lane on a highway. There is a reason for
this law. Namely, the truck can cause an
accident. Driver visibility is not very
good on the right side of any vehicle, particularly for trucks. It is never a good idea to pass a truck on
the right.
NEW BRUNSWICK MOTORCYCLE ACCIDENTS
Motorcycles have always been allowed on the New Jersey
Turnpike. However, this has not always
been true for the Garden State Parkway. Motorcyclists were allowed on Garden
State Parkway when it opened in 1951. In
1961, things changed for motorcyclists in New Jersey. Believe it or not, operating a motorcycle on
the Garden State Parkway between 1961 and 1975 was illegal because of the
personal injury and property damage due to motorcycle accidents. In 1975, Governor Byrne signed a bill
allowing motorcyclists to operate on the Garden State Parkway again under
pressure from motorcycle groups, provided they abide by new safety rules,
including the use of protective gear and minimum power.
New Jersey residents operating a motorcycle must have
either: (1) a motorcycle endorsement on their existing driver license or (2) a
separate motorcycle license. All motorcycles must be titled, registered and
insured. Under the New Jersey Helmet
Law:
No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.
New Jersey recommends the following safety tips for
motorists traveling near or around motorcyclists:
·
Be Alert for Motorcycles - Heavy traffic could
hide a motorcycle. Be aware constantly.
·
Anticipate Hazards for Motorcycles - Be prepared
to react to poor road conditions, such as debris or oil slicks, railroad tracks
or raised manhole covers.
·
Do Not Tailgate Motorcycles - They require less
stopping distance than other vehicles.
·
Share the Road - Sharing the road will save
lives. Motorcyclists and motorists abide by the same traffic laws. To avoid
crashes, obey speed laws, warning signs and traffic signals. Share the road.
Remember that motorcycles are much smaller and maneuver faster than other
vehicles, so always check your mirrors twice.
Motorcycle
Accidents in New Jersey
Despite the safety precautions, there are occasions when
motorcyclists are involved in auto accidents. Between 2007 to 2016, motorcycle
fatalities varied. In 2011, New Jersey recorded the highest number of
fatalities (93). In 2015, New Jersey
recorded the lowest number (50). New
Jersey recorded over 12,000 motorcycle crashes between 2011 and 2015.
Common Causes of
Motorcycle Accidents in New Jersey
Operating a motorcycle on the New Jersey Turnpike, the
Garden State Parkway or any other roadway in New Jersey can be dangerous. The dangers associated with operating a
motorcycle can increase when the following conditions are present:
·
Driver fatigue
·
Construction on the roadway
·
Inexperience
·
Road construction
·
Poor visibility
·
Slippery conditions involving oil, rain or ice
·
Road Bends, Curves and hills
It is important for anyone injured in a New Jersey
motorcycle accident through no fault of their own to consult with a New
Brunswick NJ New Jersey Motorcycle Accident Lawyer because, many times, the
injuries are severe. The Sloan Law Firm
handles accidents involving motorcycles, ATVs, Dirt Bikes and any other type of
motorcycle in New Brunswick, New Jersey.
THE SLOAN LAW FIRM WORKS ON A CONTINGENCY BASIS - NO RECOVERY, NO FEE
FREE CONSULTATIONS AVAILABLE – (908) 358-2938
The Sloan Law Firm works on a contingency basis when
handling personal injury cases, which means there is no upfront legal expenses
and there is no attorney fee unless damages are recovered on behalf of the
client.
If you or a loved one has been hurt in a New Brunswick,
NJ accident and need to speak to an experienced New Brunswick NJ Personal Injury
Attorney, you can reach the Sloan Law Firm at: (908) 358-2938 for a free
consultation. Attorney Daniel Sloan has
recovered millions of dollars for his clients.
RECENT PERSONAL INJURY RESULTS
§
$1,000,000
Recovery – Pedestrian hit by motor vehicle
§
$850,000
Recovery – Motorist struck by truck on highway
§
$250,000
Recovery – Husband and wife struck from behind on highway
CALL TODAY – (908) 358-2938 FOR A FREE PERSONAL INJURY CASE REVIEW
The Sloan Law Firm is based in Cranford but handles personal injury matters in Cranford, Roselle Park, New Providence, Kenilworth, Elizabeth, Toms River, Belleville, New Brunswick, Old Bridge, Edison, Jersey City, Woodbridge, Keyport, Bloomfield, Lyndhurst, Perth Amboy, Passaic, Brick, Wayne, Lakewood, Irvington, Morristown, East Orange, Freehold, Paterson, Newark, Clifton, Winfield, Fanwood, Garwood, Eatontown, Long Branch, Keansburg, Marlboro, Holmdel, Tinton Falls, Shrewsbury, Rutherford, Flemington, Rockaway, Cranbury, South Orange, Princeton, Ridgewood, Somerville, Hackensack, Bridgewater, East Brunswick, Parsippany and throughout New Jersey.
Sloan Law can be reached at (908) 358-2938 to discuss any matter.