New Jersey Injury Lawyers Blog

5 Mistakes That Can Jeopardize Your Personal Injury Case

July 22, 2026 | Kearns Rotolo Law

Accidental injuries can impact your life physically, financially, and emotionally. Being compensated for your injuries and losses can help to some extent but, unfortunately, it is often necessary to file a personal injury lawsuit to collect the compensation to which you are entitled.

Following are just five of the most common mistakes that can jeopardize a personal injury case.

Delaying medical treatment; not following through on a treatment plan – Failing to seek medical attention in a timely manner, refusing treatment, missing doctors’ or physical therapy appointments can all be construed as indications that the injury may not be as serious as claimed, or that the injured party’s actions increased the severity of their injuries or prolonged their recovery.

Assigning Value to Non-Economic Damages

June 17, 2026 | Kearns Rotolo Law

In a personal injury case, there are essentially two types of damages that may be awarded: compensatory and punitive. Punitive damages are rare and awarded only as punishment for malicious, intentional or reckless behavior when gross negligence can be proven. Compensatory damages, on the other hand, are meant to reimburse the injured party for actual expenses and losses incurred because of their injury.

Compensatory damages fall into two categories: economic and non-economic. Economic damages are reimbursements for out-of-pocket expenses – medical bills, lost wages, lost earning capacity, and the like. These expenses can be objectively measured and are supported by such evidence as invoices, pay stubs, and repair estimates. The gray area comes in assessing the value of non-economic damages

Non-economic damages refer to intangible injuries, including:

Workplace Injuries: The Ins & Outs of Filing A Workers’ Compensation Claim vs. A Personal Injury Lawsuit

May 26, 2026 | Kearns Rotolo Law

Workplace injuries can put a strain on an employee both physically and financially. When the injury occurs as the result of the employee carrying out the routine tasks of their job, they may be entitled to receive benefits under their employer’s Workers’ Compensation insurance.

New Jersey law requires all employers to carry Workers’ Compensation insurance to cover employees injured on the job. Exceptions to that requirement include federal employees who are covered under a comparable federal program, and partnerships, sole proprietorships, and LLC members who have no additional employees and qualify for self-insurance.

Workers’ Compensation serves two purposes: providing financial compensation to employees injured while performing their day-to-day job and, in most cases, protecting the employer against lawsuits filed by the employee for the same injury.

Understanding Tort Claims

April 30, 2026 | Kearns Rotolo Law

In most personal injury cases, the statute of limitations for filing a lawsuit to recover damages is two years from the date of the incident. It is different, however, if the injuries or property damages were the result of an incident involving a government entity or an employee or contractor of that entity.

The New Jersey Tort Claims Act mandates that notice of a claim against state or local government entities be filed within 90 days from the date of the incident, otherwise, the injured party can be barred from filing future lawsuits relating to the incident. There is an exception to the 90-day statute of limitation if the injured party can demonstrate extraordinary circumstances that prevented them from submitting a claim within the required timeframe.

Government agencies may be held liable for injuries caused its employees, or an unsafe condition on government property that is open to the public. That liability, however, is limited and, in some cases, immunity may be granted unless certain conditions are met.

Motor Vehicle Accidents – What Happens When the Other Driver Is Uninsured or Underinsured

March 20, 2026 | Kearns Rotolo Law

New Jersey law requires all drivers to carry motor vehicle insurance. Despite this, there is a significant number of drivers who are uninsured, or underinsured.

New Jersey requires the following mandatory coverage:

Liability insurance – covers damages to another if you are found responsible for the accident.

Steps to Take After A Slip and Fall Accident

January 30, 2026 | Kearns Rotolo Law

More than one million Americans visit the emergency room each year due to slip and trip and fall accidents. These accidents are the leading cause of injury – and fatality – among seniors and the root of many workplace injuries.

Slip and fall accidents can result in sprains, broken bones and even traumatic brain injuries, all of which can lead to extensive medical costs, high rehabilitation expenses and possible lost wages as the victim recovers.

To be able to recover damages to help with these expenses, it must be shown that the accident was the result of negligence. It is possible for both the victim and property owner to share in that negligence.

Legislation to Provide Better Compensate to Victims of Serious Traffic Accidents Proposed

October 27, 2025 | Kearns Rotolo Law

While the rest of the country was experiencing a decline in fatal traffic accidents last year, New Jersey’s death toll reached the highest it had been in 30 years. Fortunately, this year to date, has seen a 14% decrease in that number. Still, traffic fatalities and serious injuries remain a major concern in the state.

In an effort to help accident victims and their families recover, lawmakers earlier this year introduced legislation in both the state senate and state assembly to provide victims with better compensation, as well as improve accountability and transparency in these cases. To learn more, read “Those hurt in N.J. car crashes …”

Are Stronger Safety Regulations Needed for E-Bike Riders?

September 26, 2025 | Kearns Rotolo Law

There’s been an alarming increase in the number of accidents involving e-bikes in recent months, causing some in New Jersey to call for stronger regulations to help protect both riders and pedestrians from injury.

Essentially e-bikes are bicycles with motors, making them more powerful than ordinary bikes but less than motorcycles. These vehicles are often operated by children as young as 11 or 12 with little to no knowledge of the rules of the road. Concerns over this lack of knowledge and experience have some people pushing for more safety controls over the use of these vehicles. To learn more and see if you agree stronger regulations are warranted, read “Push for new regulations as e-bike accidents involving children on the rise.”

Are New Jersey’s Hit-and-Run Penalties Too Lenient?

July 18, 2025 | Kearns Rotolo Law

Hit-and-runs are a growing concern across the country and New Jersey is no exception. Now, State lawmakers are considering changes to help curb this trend.

Drivers who flee a crash scene despite State laws requiring them to stay and report any accident involving injuries, fatalities or property damage valued at more than $500, face the possibility of being charged with a third-degree crime (for accidents resulting in physical injuries) or a second-degree crime (for accidents resulting in fatalities).

Because leaving the scene prolongs the investigation into that accident and, more importantly, can delay getting aid and other assistance to the victims, some say existing laws don’t provide enough of a deterrent. To learn what NJ lawmakers are currently considering read, “New Jersey’s Push for Stricter Hit-and-Run Penalties. . .”

Electronic Vehicle Accidents Raise Legal Dilemmas

June 18, 2025 | Kearns Rotolo Law

Electric vehicles, or EVs, may have some environmental benefits, but they also have their own unique risks and challenges for motorists, first responders and the legal profession.

One of the biggest risks is fire resulting from an accident. The lithium batteries that power electric vehicles will cause these vehicles to burn hotter and longer than their gas-powered counterparts. Extinguishing EV fires and extricating victims takes special techniques and training, putting not only drivers and passengers at greater risks, but also the first responders themselves. Not all fires happen immediately after the accident. There have been increasing reports of accident-related fires flaring up hours or even days later when the car could be at the repair shop or wherever it had been towed.

Who is responsible for injuries or property damages resulting from an accident-related EV fire? That’s one of several questions accident lawyers are now grappling with. The learn more read, “Electric Vehicles Fires and Accidents: The New Risks on New York Streets.”