personal injury lawsuits

What Happens When Personal Injury Cases Involve Minors

September 18, 2024 | Kearns Rotolo Law

If you have been injured as a result of someone else’s negligence or wrongdoing, you could have grounds for a personal injury lawsuit. Personal injury cases seek to recover financial compensation for damages relating to your injury, including lost wages, medical expenses, and pain and suffering you have endured. What happens, though, if either the injured person or the person responsible for the injury is a minor?

Generally speaking, minors do not have the legal capacity to either sue or be sued, but that doesn’t mean their involvement in a personal injury case – either as the injured party or the party who caused the injury – is ignored. Personal injury cases involving minors require unique legal considerations. To learn more read, “Can you sue a minor for a personal injury?”

Highlighting the Importance of Reading the ‘Fine Print’

August 15, 2022 | Kearns Rotolo Law

These days it is hard to engage in organized physical activities without being asked to sign a waiver. Exercise classes, sporting events, charity races/challenges and the like all require participants to sign forms agreeing to accept responsibility for any inherent risk associated with the event. Unfortunately, few people take the time to read these waivers to understand exactly what they are signing, and it isn’t until an injury occurs that they learn what they have given up.

In some cases, the wording of the waiver may be too vague to hold up in court. However, most waivers clearly state that, by signing, participants agree to assume responsibility and not hold the event organizers or sponsors responsible for injuries they may incur. For an example of why it is important to read the fine print before signing any form, read about a recent case involving USA Cycling.

5 Elements Necessary for Proving a Slip & Fall Lawsuit

July 15, 2022 | Kearns Rotolo Law

When you think of a slip and fall injury, images that come to mind may be of snowy, icy conditions, or maybe an elderly person. The truth is slip and falls can happen to anyone, anywhere, at any time of year.

Injuries sustained from slip and fall accidents can range from minor to major and in extreme cases even death. Victims who suffer major injuries can be faced with extensive medical expenses and potential lost wages during convalescence, and they may seek to recover damages through a lawsuit. To successfully prove a slip and fall lawsuit, certain essential elements must exist. To learn what those elements are, read “Necessary Elements to Prove in a Slip and Fall Case.”

Sorry Folks, But Pets Are Property According to the Courts

June 15, 2022 | Kearns Rotolo Law

To many people, pets are family but, under the law, dogs, cats, and other domesticated animals are property. This question comes up in court from time to time, most often in divorce cases but more recently in a personal injury lawsuit.

According to reports, a woman claimed she was injured while attempting to rescue a dog from a local canal. She attempted to sue the dog’s owners under a “rescue doctrine,” but the court determined that doctrine applies only to injuries suffered in an attempt to rescue another person and, only under special circumstances, to attempts to save property. Subsequently, her claim was denied. What is New Jersey’s rescue doctrine and why did the courts rule that it didn’t apply in this case? To find out, read “Woman injured rescuing neighbor’s dog cannot sue its owners, N.J. Supreme Court rules.”

Filing A Personal Injury Lawsuit on Behalf of A Minor

March 15, 2022 | Kearns Rotolo Law

From time to time, kids get hurt. It’s all part of growing up. Serious injuries, however, can have a lifelong impact resulting in complications as your child develops into adulthood. And when those injuries are the result of someone else’s negligence, your child may be entitled to just compensation.

When an adult is injured as the result of an accident, he or she may be able to recover damages through a personal injury lawsuit. Children who have not yet reached the age of majority cannot exercise that option on their own behalf. That’s where parents or guardians step in. For more information on how to advocate for your injured minor, read “3 Tips For Handling Personal Injury Cases Involving Minors.”

Common Mistakes to Avoid After An Accident

June 15, 2021 | The Victor Rotolo Law Firm

Motor vehicle accidents are traumatic and unsettling for even the most experienced driver. This can make it difficult to assess the full extent of damages and injuries immediately following impact. That’s why it is important to remain as calm as possible and follow procedure no matter how minor or serious the accident appears to be.

Because of the shock and confusion that can typically follow a motor vehicle accident, many drivers overlook some common steps that, if the accident leads to a lawsuit, can hurt their chances of being awarded the compensation they may be entitled to. For a look at what those steps are, read “5 Common Mistakes to Avoid When Filing A Personal Injury Claim after A Motor Vehicle Accident.”

Did Improper Maintenance Lead to Boy’s Injury in Escalator Accident?

January 16, 2017 | The Victor Rotolo Law Firm

A New Jersey family recently filed suit against the Oxford Valley Mall and the Schindler Corporation, which operates the escalators at the mall, claiming the two entities were responsible for a 2014 incident in which the family’s young son was seriously injured.

According to reports, during a shopping trip to the mall in December 2014, the boy and his mother were riding the escalator when the boy’s foot became trapped between the step and the side panel of the escalator. It took emergency services personnel close of a half-hour to free the child’s foot and doctors later had to amputate the toes on the injured foot. The suit claims the boy was permanently disfigured and disabled and family members were traumatized as a result of the accident. For additional details, read “Parents sue after 7-year-old boy loses tows in escalator accident.”