Ocean County NJ Injury Lawyer

Ocean County is the fastest growing county in New Jersey, the sixth most populated, and the largest in total area. This vibrant coastal community includes 33 municipalities. The county’s name is derived from its proximity to the Atlantic Ocean, which has played a significant role in its development. Every year visitors to Ocean County come to enjoy some of the most family-friendly and beloved beaches in the United States. Beaches such as Seaside Heights and Point Pleasant have boardwalks that fill children and adults alike with rides and games. The original stewards of Ocean County were the Lenape Native Americans. The Dutch explorer Cornelius Hendrickson was the first European settler, claiming it for Holland in 1614. Over the next 80 years, Captain William Kidd plundered ships along the NJ coastline, and rumor has it that some of his buried treasure still lies near Toms River on Money Island.

Ocean County’s major highways include the Garden State Parkway, the longest highway in the state, and one of the most dangerous. In 2023 the county had 40 automobile accidents resulting in 43 deaths — six of which happened on the Garden State Parkway. The only other state highway is U.S. Route 9 (one death of a driver in 2023), and County highways 35, 37 (two deaths, one pedal-cyclist and one driver), 70 (two deaths -one driver and one passenger), Route 72, 88, and 166. Interstate I95 in the county also runs through Jackson Township.

The economy of Ocean County in the 18th century was based on agriculture and fishing. The construction of the Tuckerton Railroad in the mid-19th century facilitated transportation and led to increased development. During the Civil War Ocean County’s maritime industry, including shipbuilding and fishing, helped support the Union cause. And Barnegat Bay became an important shipping route.

In the late 19th and early 20th centuries, the county attracted tourists and summer residents, including railroad builder Jay Gould and his family, and John D. Rockefeller, each building grand estates in Lakewood. As train transportation improved, Ocean County attracted wealthy vacationing families from New York City and Philadelphia enticed by the county’s fishing and hunting.

In the early twentieth century, resorts, beaches, and seasonal recreational facilities were developed. Towns like Seaside Heights gained fame for their boardwalks and amusements. The 1950’s opening of the Garden State Parkway made the county more accessible; the population more than tripled between 1950 and 1980. It has also become a popular destination for retirees.

Seasonal Road Hazards

We are fortunate to be able to enjoy all four seasons in Ocean County – summer, fall, winter and spring. Yet with each new season we face new and different hazards.

• Summer months bring heavier road traffic, bright sun, and increasingly hotter temperatures which often make people lethargic and less alert. Extreme weather events can cause road flooding. Greater numbers of motorcycles and bicycles are on the road. Hot pavements can cause worn tires to blow out. School is out, and many new, inexperienced drivers are on the roads. Unfortunately, more impaired drivers are also on the roads from partying or imbibing too much alcohol at dinner or evenings out. When roads are clear from ice and snow, drivers too frequently exceed speed limits. Late night driving is the most dangerous, as most crashes and fatalities occur between midnight and 6 am.
• Fall months in Ocean County can be delightful, with warmth from extended Indian summers, warm ocean water, and much fewer crowds after Labor Day. But fall weather brings its own set of hazards, including fog, wet roads, heavy rainfall, wet leaves on roadways, and flooding.
• Winter months’ road, sidewalk, and parking lot hazards include ice and snow. The earlier sunset reduces visibility during night time hours. In fact, dusk is the most dangerous time to drive, exposing many commuters to greater road challenges.
• Spring months bring back the flowers and longer days. Be aware that when “springing forward” the clocks to daylight savings time, drivers who lose the hour sleep can be less alert. Drivers during sunrise and sunset can be blinded by sun glare, making it difficult for them to see. Wet roads may freeze during cold nights, and catch drivers unaware during their morning commute. And although April showers may bring May flowers, wet roads from rain makes the roads more slippery. Winter’s cold air affects tire pressure, and tires on your car, as well as on other cars on the road may be under inflated. In addition to the flowers popping up, new potholes from the cold months make the roads less safe.

What to Do Following an Injury

In any situation, whether it be an automobile accident, a trip and fall, dog bite or other event that caused your injuries, it is important that you immediately seek medical attention. This is not a time to brave it out. Get the care you need, and make sure you keep records of the medical treatments you are given and prescribed. Your personal medical insurance may not cover the cost of your medical care in personal injury situations, and you will need to have the extent of your injuries evaluated and documented by a medical professional.

Once you have attended to your medical needs, call a qualified and experienced personal injury attorney. According to Avvo, a legal directory, there are over 4,000 personal injury lawyers in New Jersey. Seek out a well-rated and highly regarded personal injury attorney who will communicate and work well with you, with the insurance companies, and if need be, in court.

Collect evidence including photos of the scene of the accident and photos of any damage to your vehicle. If you can, get names, addresses and phone numbers, and statements from witnesses to the accident.

For car accidents, contact the police to file an accident report, which you will need as part of the documentation for your case. Obtain a copy of the accident report once it has been completed and filed at the municipal police department, or at the NJ State police if the accident occurred on the Garden State Highway, the NJ Turnpike, or any other state highway. Instructions on how to request accident reports from state highways and a selection of NJ municipalities can be found at https://mynjinjurylawyer.com/category/accident-reports/ .

In addition to contacting the police in automobile accident cases, you will need to report the accident to your insurance company as soon as possible. Be wary of insurance companies that try to get you to agree to a settlement before consulting with your attorney. Insurance companies often try to settle for less than the cost of full medical expenses. Leave the settlement negotiations to your experienced personal injury lawyer to handle. Your lawyer will also work with you to file your personal injury claim with the court no later than two years from the date of the accident.

When treated for your injuries, keep records of your medical treatments and gather your medical records. It may be helpful to keep your documents in an electronic folder if possible. If saving the documents in an electronic folder is not possible, collect all reports and business cards for the medical professionals who treat you, and medical records in a regular folder.

Your personal injury attorney provides guidance and support during your case. It is your attorney’s job to have a thorough understanding of the legal system. Selecting an experienced and well-regarded personal injury attorney improves the likelihood of successful outcome and receipt of a fair compensation.

Ocean County NJ Personal Injury Claims

New Jersey’s state statutes regarding personal injury claims apply to all of the counties in NJ, including Ocean County. If injured in Ocean County due to someone’s negligence or their intentional actions, and you face significant medical procedures and therapy, as well as possible loss of wages, you can seek fair compensation for your losses and costs through a personal injury claim. For a personal injury claim to be successful, you will need to provide proof that the other person’s negligence caused your injuries. An experienced NJ personal injury attorney will know what medical records and documentation is required to prove your case. Attorney Howard Lesnik has successfully handled hundreds of NJ personal injury cases and offers a free, 30-minute consultation to discuss your case and explain your rights.

The amount of compensation for your case depends on several factors, as explained below.

• Type of Case
  Although most personal injury cases in Ocean County result from either car accidents, or slips and falls, several other types of cases can be pursued. Expenses resulting from dog bite injuries or assault and battery also fall under personal injury cases. Other types of personal injuries come from workplace accidents, product defects, and medical malpractice.
• Duty of Care
  To reach a successful outcome, the injured party must prove the person responsible for the injuries both breached their duty of care, which directly caused the injuries and their action directly caused your injuries. In other words, your attorney will need to prove their negligence was the cause of your injuries.
• Comparative Negligence
  In some cases more than one party may have contributed to the cause of the injuries. For example, in one of Howard Lesnik’s recent cases a woman sustained serious bite wounds from a neighbor’s dog. Mr. Lesnik was able to prove that both the dog owner, and the company that installed a safety fence on his property were liable for the dog’s escape. Both parties were found liable for the serious injuries caused by the vicious dog attack. In cases where multiple parties are negligent and share responsibility for your injuries, each party is assessed with their share, in proportion to their degree of fault. However, if you have contributed to the cause of the injuries and your share of the responsibility is greater than 50%, you may be barred from receiving any compensation.
• Statue of Limitations
  It is important to contact a personal injury attorney as soon as possible. Your attorney must file your claim within two years of the incident causing the injury in Ocean County NJ. If your personal injury claim is not filed within this two-year deadline, you have forfeited the right to seek compensation.
• What insurance companies cover
  Payouts for your expenses incurred from your injuries typically are covered by the responsible party’s insurance, up to their policy limits. Of course, insurance companies want to pay the least amount of money and may try to minimize the extent of your injuries and the necessary treatment for full recovery. These negotiations can be arduous, which is why having an experienced, well-regarded personal injury attorney negotiating on your behalf is in your best interest.
• How much is your Ocean County NJ personal injury case worth?
  Your compensation, or the total amount of damages, is determined by the cost of your medical expenses, property damages, pain and suffering, emotional distress, and lost wages. In some cases, punitive damages are awarded in situations involving intentional harm, and in cases of severe negligence.

Car Accident Claims in Ocean County NJ

Injuries from automobile accidents are among the most frequent personal injury cases in Ocean County NJ. Data from the Department of Transportation lists the number of fatalities from car crashes. The frequency of injuries from car crashes likely parallel those found in the fatality rates. In 2022, the most current year reported, the most number of fatalities occurred in single vehicle crashes, both in terms of the number of crashes, and the number of crashes per 10,000 population.

If injured in a car accident in Ocean County, and especially if you have been seriously injured facing possible surgery, extended physical therapy, lost wages and significant pain, you are likely entitled to compensation from your car insurance. Insurers often try to minimize their exposure, which is why it is best to seek legal help to make sure you receive fair compensation for your injuries.

What Type of Damages Can Be Recovered in a Car Accident Claim in Ocean County, NJ?

Injuries from car accidents can make claims for the following types of damages:

• Medical expenses: All accident related medical treatments you receive, such as doctor’s visits, hospital stays, medication, physical therapy.
• Lost wages: The wages you would have earned but lost, due accident-related injuries.
• Pain and suffering: For physical and emotional pain and suffering resulting from the accident-related injuries.
• Property damage: To cover your vehicle’s cost of repairs or other damaged personal property.

When Should I File a Car Accident Claim in Ocean County, NJ?

File your claim as soon as possible. You only have two years from the date of the accident to file a car accident claim in New Jersey. By filing as soon as possible, you can build a stronger case when your attorney has more time to gather evidence and investigate the accident.

Why Does My Car Insurance Cover the Damages Resulting from the Car Accident, even When the Other Driver is at Fault?

1. No-Fault Insurance:
   In 1972 New Jersey passed its no-fault insurance laws, also known as the New Jersey Automobile Reparation Reform Act. This set of laws were intended to provide a quicker resolution for minor injuries and to reduce the burden on the court system. Now most car accident injuries are covered by your own insurance policy regardless of who is at fault. For this reason, it is important to purchase a car insurance plan that best protects your family. Howard Lesnik makes available several resources to help guide families when purchasing car insurance. You can order any of the following resources for free, and they are well worth reading prior to renewing any car insurance policy.
   • NJ Car Insurance Buyer’s Guide
   • How to Protect Yourself and Your Family – 20 Questions
   • A Students Guide to Auto Insurance
2. Personal Injury Protection (PIP): Your insurance plan’s PIP coverage helps pay for medical expenses, lost wages, essential services, and funeral expenses resulting from a car accident. These benefits are generally available without having to establish fault.
3. Exceptions to No-Fault and Serious Injury Lawsuits: In cases of severe injuries or when specific criteria is met, an injured party may file a personal injury lawsuit against the at-fault driver. To do so, the injuries must meet a certain threshold, such as death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury. If your injuries meet the threshold for serious injuries, you can file a lawsuit against the at-fault driver for pain and suffering, emotional distress, and other non-economic damages not covered by PIP.
4. Determining Fault: If filing a lawsuit against the at-fault party, your attorney must establish the negligence of the other driver. The attorney must prove the at-fault driver had a duty of care, breached that duty, and that the breach directly caused your injuries. Your attorney will rely on evidence to prove the negligence, such as police reports, eyewitness statements, and expert testimony.
5. Comparative Negligence: New Jersey follows a modified comparative negligence system. If the injured party is found partially at fault for the accident, their compensation may be reduced in proportion to their degree of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering any compensation.
6. Types of Compensation: In a successful car accident claim, compensation may include medical expenses, lost wages, property damage, pain and suffering.
7. Insurance Coverage Limits: The amount of compensation that can be obtained from the at-fault party’s insurance is limited by their insurance policy’s limits. However, if your damages exceed their policy limits, you may seek additional compensation through a personal injury lawsuit. In this case, the recovery depends on the at-fault party’s financial resources.
8. Legal Representation: Engaging the services of an experienced personal injury attorney is advisable. An experienced attorney helps navigate the legal process, will negotiate with the insurance companies, and, when necessary, represent the injured party in court.

Once a Settlement in Ocean County NJ is Issued, What Comes Next?

After a settlement or court judgment, all outstanding bills need to be appropriately addressed.
If you are the injured party, you may need to work with medical providers, lienholders, and other entities to ensure that all outstanding bills are appropriately addressed. This may involve negotiating and resolving outstanding balances.

Navigating a car accident claim in Ocean County, NJ, can be intricate, and legal guidance is crucial to achieving a fair outcome. An experienced personal injury attorney can help individuals understand their rights, build a strong case, and pursue the compensation they deserve.

Premises Liability Claims in Ocean County NJ

Ocean County NJ property owners are responsible for keeping their premises safe. As property owners in Ocean County NJ, we all have a duty to exercise reasonable care to maintain our premises in a safe condition, as well as warn visitors of any known or dangerous conditions. If a visitor is injured as a result of lack of maintaining the premises in a safe condition, the owner may be liable for a visitor’s injuries. For examples, super markets must be vigilant in mopping up spills and keeping the shopping aisles safe. If injured when falling on a wet, slippery fall, the injured person may seek compensation for injuries sustained.

Common Types Premises Liability Claims Ocean County, NJ

1. Slip and fall accidents: Slip and fall accidents are one of the most common types of premises liability claims. These accidents may be caused by hazards such as wet floors, icy sidewalks, and uneven. potted surfaces in poorly maintained parking lots.
2. Negligent security: Negligent security claims arise when a property owner fails to provide adequate security for their premises, resulting in a visitor being injured by a criminal act.
3. Animal bites: Animal bite claims can be filed against property owners if their dog or other animal bites a visitor.
4. Injuries from unlawfully serving alcohol: If a property owner unlawfully serves alcohol to a minor or intoxicated person, they may be liable for any injuries that result from that person’s intoxication.
5. Snow and ice and weather injuries: Property owners have a duty to remove snow and ice from their sidewalks and walkways within a reasonable amount of time after a snowfall. If a property owner fails to do so and a visitor is injured as a result, the owner may be liable for the visitor’s injuries.
6. Injuries from Falling Objects: An example of injuries from a falling object occurred at a Lakewood warehouse where a falling object that was not properly secured resulted in severe injuries. That case settled for $41.5 million.

Damages available in premises liability claims

If a plaintiff is successful in proving their premises liability claim, they may be entitled to a variety of damages, including:

1. Medical expenses, including the cost of doctor’s visits, hospital stays, surgery, and rehabilitation
2. Lost wages – the wages lost while unable to work due to the injuries
3. Pain and suffering
4. Emotional distress
5. Punitive damages
6. Medical expenses: This.
7. Pain and suffering: This includes the physical and emotional pain and suffering experienced as a result of the injuries.
8. Punitive damages: These are damages that are awarded to punish the defendant for their negligence.

Statute of Limitations for Premises Liability Claims in Ocean County, New Jersey

In New Jersey, the statute of limitations for premises liability claims is two years. This means that a plaintiff must file their claim within two years of the date of their injury. Failure to file a claim within the two-year period will bar the plaintiff from recovering any damages.

Seeking Legal Help for a Premises Liability Claim in Ocean County, NJ

If you have been injured on someone else’s property in Ocean County, NJ, you should consult with an experienced premises liability attorney to discuss your legal options. An attorney can help you assess your claim, gather evidence, and file a lawsuit against the property owner.

Each premises liability case is unique, and settlement amounts can vary based on factors such as the severity of injuries, liability, and other circumstances surrounding the incident. If you or someone you know is involved in a premises liability case, consulting with a qualified personal injury attorney is crucial for obtaining accurate and specific information tailored to the individual case.

Ocean County NJ Courthouses

Ocean County Colleges

• Georgian Court University – a private Roman Catholic university in Lakewood Township, NJ
• Beth Medrash Govoha, Lakewood NJ
• Talmudical Academy-Central NJ, Freehold NJ
• Yeshiva Toras Chaim, Lakewood NJ

County Two-Year Colleges

• Ocean County College, Toms River, NJ

Hospitals and Medical Centers in Ocean County, New Jersey

• HMH Ocean University Medical Center
  425 Jack Martin Blvd, Brick Township, NJ 08724
  (732) 840-2200
  https://www.hackensackmeridianhealth.org/en/locations/ocean-university-medical-center
• Garden State Medical Center
  1608 NJ-88, Brick Township, NJ 08724
  (908) 503-2989
  https://www.gsmedicalcenter.org/
• HMH Jersey Shore University Medical Center
  1945 NJ-33, Neptune Township, NJ 07753
  (732) 775-5500
  https://www.hackensackmeridianhealth.org/en/locations/jersey-shore-university-medical-center
• HMH Southern Ocean Medical Center
  1140 NJ-72, Stafford Township, NJ 08050
  (609) 597-6011
  https://www.hackensackmeridianhealth.org/en/locations/southern-ocean-medical-center
• Monmouth Medical Center, Southern Campus
  600 River Ave, Lakewood, NJ 08701
  (732) 363-1900
  https://www.rwjbh.org/monmouth-medical-center-southern-campus/
• Hackensack Meridian Health – Ocean Care Center
  1517 Richmond Ave, Point Pleasant, NJ 08742
  (732) 295-6377
  https://www.hackensackmeridianhealth.org/en/locations/ocean-care-center
• RWJ Barnabas Health Community Medical Center
  99 Highway 37 West
  Toms River, NJ 08755
  (732) 557-8000
  https://www.rwjbh.org/community-medical-center/?L=true
• Children’s Specialized Hospital Long Term Care Center
  94 Stevens Rd, Toms River, NJ 08755
  (888) 244-5373
  https://www.rwjbh.org/childrens-specialized-hospital/?utm_source=childrens-specialized.org&utm_campaign=rackspace&utm_medium=redirect
• Children’s Specialized Hospital Outpatient Center
  1251 NJ-37, Toms River, NJ 08755
  (888) 244-5373
  https://www.rwjbh.org/our-locations/pediatric-outpatient-facilities/childrens-specialized-outpatient-center-at-toms-/

Contact MyNJInjuryLawyer

If you or a loved one were involved in an accident in Monmouth County, NJ, you should contact an attorney familiar with handling these claims. My NJ Injury Lawyer Howard P. Lesnik, Esq. offers free strategy sessions to address any issue or questions you may have your accident claim in Monmouth County, NJ.

Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in an accident. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, to schedule your complimentary 30-minute strategy session.

Sources

¹ Victim Classification by County, https://nj.gov/njsp/info/fatalacc/pdf/ptccr.pdf , downloaded on 09/01/2023
² https://www.state.nj.us/transportation/refdata/accident/pdf/TotalInjuryCrashesbyCounty.pdf