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New Jersey Personal Injury Law
Every member of our society has
a duty to exercise reasonable care for the safety of others.
When a person does not exercise reasonable care and causes injury
to another person, the injured person may be entitled to
compensation. These two sentences provide a good summary of
tort law in the United States (a tort is a civil wrong for which
the law provides a remedy).
This system of justice applies
to many types of injuries. For example, drivers of
automobiles have a duty to operate their vehicle in a reasonable
manner so as to avoid causing injuries to other drivers or
pedestrians. Owners of property have a duty to maintain
their property in reasonably safe condition so as not to cause
injury to people who are invited onto that property.
Manufacturers have a duty to make sure that that the goods they
manufacturer are reasonably safe so as not to cause injury to
people who use those goods. Supervisors of construction
sites have a duty to provide a reasonably safe work environment
for workers.
Generally, when a person who is
injured in an accident wants to pursue a legal remedy, the
following process is followed:
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The injured person (called the
plaintiff) retains an attorney.
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The plaintiff's attorney
attempts to settle the case with the person who was responsible
for the injury or their insurer.
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If this fails, the plaintiff's
attorney files a Complaint with the Court, which alleges the facts
that the plaintiff believes justify a legal remedy.
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At this point, the defendant
usually retains an attorney.
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If the defendant's attorney
believes that the plaintiff's Complaint is based on an unsound
legal theory, the defendant's attorney may file a motion to
dismiss the Complaint. However, the more common course of
action is for the defendant's attorney to file an Answer to the
Complaint, where the defendant denies some or all of the
plaintiff's allegation.
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Once an Answer to the Complaint
is filed, the discovery process is triggered. The purpose of
the discovery process is to allow each party to gather information
from other parties so that there are no surprises at the time of
trial. Discovery takes several different forms, including
interrogatories (written questions that the other party must
answer), requests for production (each party is asked to produce
any document or thing they may rely on at the time of trial),
depositions (oral questions that a witness must answer under
oath), requests for admissions (the other party is asked to admit
that they do not contest certain facts), and independent medical
examinations (a physical examination by a doctor hired by the
opposing party).
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After discovery has been
concluded, if a party believes that there are no issues of
material fact that can legally effect the outcome of the case,
that party may file a motion for summary judgment. If a
motion for summary judgment is granted, that party essentially
wins the case without the need for a trial.
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If no motions for summary
judgment are made or granted, the case moves on to trial.
Generally, at trial, a jury decides the facts of the case and a
judge instructs the jury on the law. The plaintiff has the
burden of proving the essential evidence of his case by a
preponderance of the evidence (i.e., that it is more likely than
not that the facts are as plaintiff claims).
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After the plaintiff has
presented all of his evidence, if the defendant believes that
plaintiff has not presented sufficient evidence to establish any
one of the elements of his case, the defendant may make a motion
for a directed verdict - essentially, asking the judge to direct
the jury to enter a verdict in the defendant's favor.
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If no motions for directed
verdict are made or granted, the defendant then has an opportunity
to present evidence to either disprove any of the facts presented
by plaintiff, or to prove any facts that the defendant believes
establish an affirmative defense.
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Once the defendant has finished
presenting evidence, either party can make a motion for a directed
verdict.
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If no motions for a directed
verdict are made or granted, the attorneys for both parties making
closing arguments. The purpose of the closing argument is to
summarize for the jury the evidence that was presented and how the
evidence supports the claims or defenses made by each party.
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After closing arguments, the
judge instructs the jury on the law and the jury determines the
facts and reaches a verdict.
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Finally, after the case is
conclusively decided, the judge will enter a judgment in favor of
the successful party.
If you have been injured in an
accident, you may be entitled to compensation. Contact the
Law Office of Nace Naumoski
for a free consultation.
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