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What Are Punitive Damages in a Lawsuit? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What Are Punitive Damages in a Lawsuit?

During a personal injury or civil lawsuit, the person filing the lawsuit typically seeks damages against the person they are suing. Compensatory damages cover losses such as medical bills from the person who was injured, lost income from work, or pain and suffering.  Punitive damages in a lawsuit can be rewarded to the plaintiff in addition to compensatory damages, but they are only rewarded if the defendant’s actions were exceptionally bad. 

Compensation From Personal Injury Cases

It is hard to say exactly how an individual who was injured would be compensated. No two cases are the same, and several factors go into determining the value of a claim. The extent of your injuries, medical expenses, and other damages are all taken into consideration when deciding how much your claim is worth. It is possible that you could recover compensation for:    

  • Medical Treatment
  • Lost Wages
  • Pain and Suffering
  • Emotional Distress
  • Loss of Enjoyment of Life
  • Property Loss
  • Punitive Damages

What Are Punitive Damages in a Lawsuit? 

The purpose of punitive damages in a lawsuit is to punish the individual as well as prevent them from doing something similar in the future. Punitive damages are separate from compensatory damages, as compensatory damages compensate the injured individual for their injuries and any financial losses they have incurred. 

The only difference between punitive damages and compensatory damages is that punitive damages are given when the individual who caused the victim harm was intentional, malicious, violent, or reckless. 

When Are Punitive Damages Awarded in New Jersey?

Punitive damages are typically rewarded when the defendant’s actions were intended, or the defendant acted with no regard for anyone else’s safety. Some scenarios of when punitive damages are awarded include:

  • Fraud
  • Intentional and specific intent to cause harm 
  • Malice was shown
  • Willful misconduct
  • If the defendant was under the influence of drugs or alcohol

When filing a personal injury claim, it’s important to note that you will have to specifically request to be awarded punitive damages. The jury will decide whether or not punitive damages should be granted based on the severity of the situation that occurred. Every case is unique, so the likelihood of obtaining punitive damages will depend on many different legal factors.

Proving Punitive Damages 

The plaintiff must show clear and convincing evidence that the defendant acted with clear and intentional malice or reckless disregard that caused the plaintiff harm. Here are a few factors that the judges will consider when deciding whether to grant punitive damages:

  • The likelihood that serious harm was going to occur from the defendant’s actions
  • Whether the defendant was aware that his or her actions were going to put the plaintiff in harm’s way
  • The duration of the situation
  • If the defendant tried to hide his or her actions
  • The financial status of the defendant and the capability to pay punitive damages

Since there is a requirement on the ability to be able to pay the punitive damages, oftentimes they are only imposed on corporations or wealthy individuals. Insurance companies could also have to pay punitive damages.

Contact Our New Jersey Personal Injury Attorneys Today

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for their clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal, and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas. Contact us today to speak with our professional attorneys. 

When Should I Hire a Personal Injury Attorney After a Car Accident? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

When Should I Hire a Personal Injury Attorney After a Car Accident?

After being involved in a car accident, you may be interested in hiring a personal injury attorney, but might be unsure of when you should or if your injuries are severe enough to justify hiring a lawyer. It is extremely important to speak with a knowledgeable personal injury attorney following a car accident because not doing so can lead to further expenses down the road. 

Statute of Limitations After A Car Accident

Since there are limits to when you can file a personal injury claim in New Jersey, it is recommended that you seek legal advice quickly after a car accident. The statute of limitations is a law in New Jersey that limits the amount of time you have to file a claim or lawsuit after a car accident occurs. The deadline is 2 years after the date of the accident. It is likely that if you miss this deadline, you will not be able to receive any compensation for your injuries. So, contact a qualified legal counsel as soon as possible.  

Insurance Settlement Offers

Your own insurance company, or someone else’s, could make an initial settlement offer that will not benefit you and instead save them money rather than helping you pay for your injuries. The truth is that the more money you get for your injuries, the more money the insurance company loses. It is also important to note that some injuries can seem minor, but may develop into something worse over time. Since you could be unaware of the full extent of your injuries, it is important to contact a lawyer. 

My Case Seems Minor. Should I Still Contact a Personal Injury Lawyer?

It’s common that people think their case is straightforward or too minor to contact a lawyer because it’s believed it won’t benefit them. It could also be possible that your minor injuries could become worse or never fully heal over time. Personal injury cases are complex, and while you think it could be minor it might not be in the eyes of an attorney.

Talk to a New Jersey Personal Injury Lawyer as Soon as Possible 

If you call a lawyer after the accident happens, it can increase the likelihood of getting the financial compensation that you deserve. While car accidents can be overwhelming, it could really benefit you from contacting a lawyer who can provide legal advice that can benefit you. If you have been involved in a car accident or personal injury incident, and are looking to get in touch with one of our attorneys, then contact us today.

Should I Get a Lawyer for a Car Accident That Was My Fault? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Should I Get a Lawyer for a Car Accident That Was My Fault?

If you were involved in a car accident and you were clearly at fault, it is important to know what you should and shouldn’t do, because taking the wrong actions can cost you money and cause extra hassle that can be avoided. Hiring a motor vehicle accident lawyer after a car accident that was your fault is a good first step, before speaking to the insurance companies. Lawyers know how to deal with insurance companies and can help mitigate any claims that are made against you by the other parties involved in the accident.

What You Should Do After You Think You Caused a Car Accident

If you think (or know for sure) that you caused an accident to occur, try to stay calm. There are steps you should do after a car accident whether or not you were at fault, and you should stay focused to ensure you do (or don’t do) certain things.

There are a few things to keep in mind following a car accident. First, never leave the scene of an accident. You could be turning a bad situation into a much worse situation that may involve criminal charges. At the bare minimum, you should exchange insurance information with the other parties involved in the accident. If there is some degree of property damage or a person has been hurt, you are expected to call the police. While you wait for the authorities to arrive, it is best to keep to yourself and avoid saying anything that could make the situation worse for you. Don’t admit fault or apologize, even if you suspect you were the cause of the accident. It’s understandable to feel nervous and shaken under the circumstances but you should avoid the following:

  • Discussing what you were doing prior to the crash
  • Talking about who you think was to blame
  • Apologizing or making any statements that may indicate you were at fault
  • Asking the other driver questions to try to determine whether they made a mistake as well

Insurance Options

After a car accident, it is important to understand the insurance options. Certain states have different options when it comes to insurance claims for car accidents.

No Fault

There are several states that have no fault insurance laws which means that every driver has their own car insurance, and you will make a claim with your own insurance company whether or not you were at fault. No-fault coverage should provide benefits for your medical bills and lost wages whether you were at fault or not. New Jersey is a no fault insurance state.

Fault-Based

In a fault-based state, you will file an insurance claim with the company that covers the at-fault driver. That driver’s policy should provide benefits for an accident victim’s medical costs and other losses. New Jersey is not a fault based state, so this is likely not going to affect you unless you were in an accident out of state.

Personal Injury Protection (PIP) Insurance

This is an extension of car insurance that covers medical expenses. If you were injured in a car accident, regardless of fault, unless it’s indicated that your health insurance is primary, medical treatment should be paid through your auto insurance via personal injury protection (PIP) coverage.

Talk to an Experienced NJ Car Accident Attorney Today

If you were involved in a car accident where you are at fault, it is in your best interest to have a lawyer on your side. The NJ car accident lawyers at Gold, Albanese & Barletti, LLC are here to help. Contact us today for a free consultation.

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

If you have been involved in a car accident that was not your fault, you may think you do not need legal counsel. However, hiring a lawyer is a good idea if you are hoping to get compensation for injuries or repairs, and want to be sure that you can avoid liability for the crash.

Depending on how serious the accident was, you may need to bring your vehicle to the shop, visit a doctor for medical attention, or be forced to miss work. An experienced NJ motor vehicle accident attorney can help protect you and get you the compensation you deserve.

Speak to a Car Accident Lawyer Before Filing an Insurance Claim

If you’ve been involved in a car accident that wasn’t your fault, you will likely be filing a claim against the at-fault driver’s insurance company, your insurance company, or both. If you plan to speak with an attorney, it is best to meet with them and discuss your situation before filing such claims.

Property damage such as the damage to your vehicle, as well as bodily injuries will typically be covered by the at-fault parties insurance, but your own insurance may cover some expenses as well, specifically if you have a personal injury protection (PIP) plan.

Avoid speaking with the insurance companies without speaking to a lawyer first. Insurers will do whatever it takes to reduce the amount they have to pay, so leave it to your lawyer to deal with receiving compensation.

Damages You Are Eligible to Collect After a Car Accident

Depending on the severity of the accident, you could file for various damages. Some of the damages your lawyer can help you secure include:

  • Future expected medical costs: Medical bills we can reasonably anticipate you will incur in the future due to the accident.
  • Lost wages: Time you had to miss from work while recovering from your injury or receiving medical care.
  • Reduced earning capacity: If your injury impacted your ability to do your job and earn a living on a short-term or long-term basis.
  • Pain and suffering: You could potentially be eligible for thousands of dollars.
  • Punitive damages: If we can show that the other driver was behaving recklessly or maliciously.

Why is it Important to File a Report After a Car Accident That Wasn’t My Fault?

In general, it is in your best interest to have the police file an accident report at the scene of the accident, even if you haven’t suffered any obvious injuries. If injuries show up later, you have a better chance of receiving compensation with the police report to back up your claims.

You are required to report an accident to the police under the following criteria:

  • The accident involved an injury or death
  • A driver fled the scene after the crash
  • A driver was under the influence of alcohol or drugs
  • The crash damaged a vehicle so badly it required a tow truck to remove it from the scene
  • The accident involved a commercial motor vehicle, such as a truck

If you were in a minor accident that does not fall into any of these situations, you don’t legally need to call the police, but it is always in your best interest to have a third party at the scene. For this reason, we recommend that you report even minor accidents.

Talk to an Experienced NJ Car Accident Attorney Today

If you have any questions or concerns about getting the compensation you need to pay for your medical care, lost wages, or other losses stemming from a New Jersey traffic accident, the Law Offices of Gold, Albanese & Barletti, LLC is here to help. Contact us today for a free consultation.

What To Do After a Car Accident | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

What To Do After a Car Accident

The actions you take in the hours and days after a motor vehicle accident can make a big difference in the compensation you receive. If you fail to act promptly to obtain legal representation, you may not receive the compensation you deserve.

Gold, Albanese & Barletti L.L.C., with offices in Morristown, NJ and Red Bank, NJ is a team of experienced personal injury lawyers with a record of success representing injured people and the families of fatal accident victims. Our law firm has the investigative resources and advocacy skills needed to help you get the funds you need to pay for medical care, plus compensation for all other economic and non-economic losses. When we handle your case, we will work diligently to obtain the best possible settlement or jury award for you.

Take These Actions after a Car Accident

In a free consultation, an attorney at our firm can explain your legal options. He or she can also provide you with advice about protecting your rights and enhancing your prospects of getting compensation.

Some of the actions we recommend that accident victims take include the following:

  • Get medical care as soon as possible and follow the instructions of your doctor.
  • Get the names and phone numbers of witnesses to the accident.
  • Contact Gold, Albanese & Barletti L.L.C. for a free consultation.
  • Take photos of your injuries (if visible).
  • Take photos of the vehicles involved in the accident, as well as any other road features that affected the direction of the vehicles.
  • Get a copy of the police record. If the record does not accurately describe what happened, make amendments to the record.
  • Contact your insurance company to report the accident and get a claim number.
  • Do not talk with representatives of other insurance companies.
  • Make a before and after list. Write down all of the activities you were able to do before the accident, as well as the activities you can no longer do.

How Much Compensation Can You Get From a Car Accident Case?

In a car accident case, there are a number of factors that a judge will take into account when deciding how much compensation you will get if you were injured as the result of a car accident. Some of the things they consider include type of injury, treatment plan, length of therapy, loss of income and severity of the wreck. In general, you can expect to receive three times the cost of your medical bills during a settlement, but the specifics of your case may cause that amount to fluctuate in either direction.

If you’re working with an insurance company after a car wreck, let them know if you’re still going through medical treatment so that you don’t settle for less than you deserve. Also, be sure to speak with an experienced car accident lawyer who has experience getting clients the proper compensation for their pain and suffering. It’s also important to move quickly if you’ve been in an automobile accident, as you typically only have a year or two to file a lawsuit.

Contact a New Jersey Personal Injury Attorney Today

Gold, Albanese & Barletti L.L.C., is a full-service personal injury law firm dedicated to helping accident victims obtain full compensation for their financial losses and pain and suffering. It is important to have an injury lawyer in your corner that is well-versed in traffic accident law so they can help you with your insurance claims. We will handle all aspects of your case, including all dealings with insurance companies. We want to help you get the medical care and compensation you need to rebuild your life.

Do I Have A Case If I Didn’t Wear A Seat Belt? | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Do I Have A Case If I Didn’t Wear A Seat Belt?

If your vehicle was struck by another vehicle and you suffered injuries, you are entitled to claim compensation for your financial losses and pain and suffering. But what if you weren’t wearing a seat belt? Do I have a case if I didn’t wear a seatbelt? Will your insurance company reject your claim? Will the other driver’s insurance company choose to fight rather than pay fair compensation?

In many, if not all such cases, motor vehicle accident victims retain the ability to claim compensation even when they weren’t wearing seat belts. That said, these types of cases could involve complex factual and legal issues. You should consult with a personal injury attorney to discuss your legal options.

Experienced New Jersey Car Accident Attorneys

At Gold, Albanese & Barletti L.L.C., we have years of experience representing victims of car accidents, truck accidents, and other acts of negligence. Our attorneys are highly knowledgeable in the law, proactive when preparing cases, and determined to obtain the best possible result for every client. When representing you, we will seek full compensation for all losses, including medical costs, lost income, and pain and suffering.

Do I Have A Personal Injury Case?

In cases involving accident victims who weren’t wearing seat belts, it is important to carefully examine the circumstances of the accident and the type of injury or injuries that the victim suffered. Usually, the standard defense in these cases is that the injuries would not have occurred if the victim had been wearing a seat belt.

Our lawyers counter these arguments with the testimony of nationally recognized experts in auto injuries. Depending on the circumstances of your accident, they may be able to testify that had you been wearing a seat belt:

  • The injuries still would have occurred, or
  • The injuries would not have been as severe as they were, though you still would have suffered injuries.

In either case, you would still be eligible for compensation. Our goal when representing you will be to obtain maximum compensation for you.

The Seat Belt Defense in New Jersey

The seat belt defense theory is one that comes up frequently in vehicle accident cases and can throw a wrench into a case. It is a relatively simple concept. If an accident occurs and the person who was hit should have been wearing a seatbelt, but wasn’t, the party responsible for the accident can use that as a defense to reduce the amount of liability they have. This usually means that the injured party will get less from damages than they would if they had been wearing a seatbelt.

The seat belt defense is connected to tort laws, which are legal claims that arise when an injury occurred as the result of another person or entity’s negligence or malfeasance. The two tort theories that are associated with seat belt defense are:

  • Comparative negligence – Under this theory, the liability of both parties is compared and any award the plaintiff would receive is reduced by whatever degree they were responsible for the injuries.
  • Failure to mitigate damages – States may also reduce damages awards when the injured party fails to take reasonable actions to limit the extent of their injury. Failure to mitigate damages usually refers to the injured party’s actions after the accident, but some states interpret the driver’s failure to wear a seatbelt as a failure to mitigate damage that can occur before the incident.

Not all states permit the use of the seat belt defense, but New Jersey is one of the states that do.

Contact a New Jersey Car Accident Attorney Today

Gold, Albanese & Barletti L.L.C., is a full-service personal injury law firm dedicated to helping accident victims obtain full compensation for their financial losses and pain and suffering. We will handle all aspects of your case, including all dealings with insurance companies. We want to help you get the medical care and compensation you need to rebuild your life.

Reckless Driving Or Manufacturer Fault? Rollover Motor Vehicle Accidents Explained | The Law Firm of Gold, Albanese, Barletti & Locascio, LLC

Reckless Driving Or Manufacturer Fault? Rollover Motor Vehicle Accidents Explained

Although auto manufacturer designs are more stable than ever, rollover accidents still cause hundreds of serious injuries and fatalities each year.  At The Law Offices of Gold, Albanese & Barletti, LLC, our attorneys help those who have been injured or have lost a loved one in a rollover crash recover maximum compensation for their damages.

Common Rollover Accident Causes

Rollover accidents are much more common for SUVs, pickup trucks and large passenger vans than for cars. According to the NHSTA, 47 percent of SUV drivers and passengers killed in crashes in 2016 were in vehicles that rolled over. SUVs, pickups and vans are taller than cars and have greater ground clearance, which causes their center of gravity to be higher in relation to the width of the vehicle. More passengers and cargo can raise the center of gravity even more.

Reckless Driving

Because top-heavy motor vehicles generally do not handle rapid maneuvering very well, taking turns at high speeds and driving recklessly can easily cause fatal accidents when you’re behind the wheel of an SUV or a truck. Failing to pay attention and swerving into a soft shoulder, curb or bump in the road can cause “tripping,” which means that one of your vehicle’s tires strikes something that causes it to pitch forward or sideways and roll over. If you are driving recklessly or carelessly, it’s easy to get into any type of motor vehicle accident, but almost 95 percent of all rollover accidents happen this way.

Driving responsibly and playing it safe on the road prevent motor vehicle accidents and save lives. Regardless of the type of vehicle you’re driving, reckless, careless and distracted driving can cause serious injury or death. If your negligence hurts or kills someone, you may be civilly and criminally liable for their damages, which can change your life in the blink of an eye.

Manufacturing And Design Defects

Manufacturing and design defects can also cause rollover crashes. Defective tires, poor suspension and faulty brakes are just a few defects that may lead to a rollover accident. When a vehicle rolls over, the roof is often crushed, causing serious injury or death to occupants. If a vehicle’s manufacturer has not equipped the SUV or truck with proper safety features, such as a rollover bar, or a flawed design created a weakened roof, multiple parties may be liable for any injuries or death caused by these defects. Flawed designs in tires can cause tread belt separations and blowouts at high speeds, which are also a common cause of motor vehicle accidents.

Investigating Rollover Accidents

If you’ve been injured or lost a loved one in a rollover accident, it’s important to seek the counsel of an experienced product liability attorney even if you think no one was at fault. Legal teams often enlist the help of reconstruction specialists, who are trained specifically to reconstruct motor vehicle accidents. By measuring and examining skid marks, gouges, points of impact and other evidence, they can recreate the course of events leading up to and during the crash. This valuable information can be pivotal in determining fault and ascertaining whether an accident was caused by a defect in the vehicle. If a manufacturing or design defect caused your motor vehicle accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering and other damages.