Dedicated New Jersey Personal Injury Attorneys
Personal injuries can lay a heavy burden on the victim and their family. These accidents are often not accidents, but the result of neglectful and reckless behavior. If you were injured because of someone else’s negligence, you may be able to seek compensation, and a Fair Lawn personal injury lawyer can help.
A personal injury lawyer can fight for your case. Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 for a FREE consultation. Review your rights and any compensation you may be entitled to seek as soon as possible.
Your Injuries May Be Compensable
You may be able to seek compensation for personal injuries, no matter how minor they appear to be. Someone who falls on a grocery store tripping hazard and cuts their hand might have muscle or ligament damage. If you were in a car accident or trucking accident, you could experience whiplash or a traumatic brain injury. After your injury, you might be incapable of doing your job, and you might lose income, in addition to facing thousands of dollars in medical bills.
You should document your injuries when you plan to file a personal injury claim, even if the injury only appears minor. Internal injuries may be hidden and make it difficult to know if you should see a doctor. According to the Mayo Clinic, you may only feel nausea or difficulty breathing when you are, in fact, bleeding internally.
When calculating your case value, your lawyer will consider your medical receipts or records and your current and future medical needs. If you are not treated for your injuries, insurance companies or defendants may assume you do not deserve compensation.
Gathering Your Evidence
While you are not personally responsible for all the evidence that must be gathered, you are encouraged to provide as much information as possible. Take pictures, gather medical records, and ask witnesses if they saw or heard anything.
Premises liability cases might include photos of the hazard that caused your trip and fall. After a car accident, you can share with your lawyer any photos you may have of the accident site as well as any witness contact information you may have gathered.
Identifying Who Is Liable
Identifying the party who may be liable for your injuries is key to building a personal injury case. Liable parties generally include:
- Drivers, passengers, or trucks
- Property owners
- Building owners
In certain cases, more than one entity might be responsible. Your attorney will investigate the details of your accident in order to assess who may be liable for your injuries. For example, if a construction truck driver crashed into your car, the construction company might have been negligent when hiring that person or not trained them properly.
If you do not know who caused the accident, a Fair Lawn personal injury lawyer from Maggiano, DiGirolamo & Lizzi P.C. may be able to help. Call (201) 585-9111 for a consultation with a team member and to review how liability may apply to your case.
Companies Can Also Be Responsible
Property management companies, construction companies, manufacturers, and others might be liable due to their negligence. A construction company that built your home and violated several local codes can be found liable for your injuries or losses. Property management companies can enact policies, hire maintenance crews, and make decisions that might cause your injuries or losses.
Manufacturers are sometimes liable instead of a homeowner or a property owner. The defective products that were sold or provided may have caused your accident as well.
Possible Compensation Available
Compensation available to you comes from all the individuals or businesses that could be found liable for your losses. The total value of the claim may include many forms of losses. Your lawyer will consider potentially recoverable compensation for:
- Hospital bills
- Doctor’s bills
- Therapy costs (physical and mental)
- Missed work
- Lost jobs or income
- Non-economic damages
Your hospital bills, doctors’ bills, and therapy costs could be substantial. You could miss work as long as you are recovering, and you might lose your job. An attorney will also determine if your pain and suffering can be compensated. Sharing your documentation with your attorney helps them calculate all the compensation that you may be able to seek.
Wrongful Death Claims
When someone dies after they suffered from a personal injury, the representative of the deceased’s estate may be able to file a wrongful death claim. Under New Jersey law, medical bills of the victim before they died may be covered under these claims, in addition to compensation for burial and funeral expenses, the victim’s lost wages, and more.
You can work with a lawyer when you are a surviving family member of someone who passed away due to someone else’s negligence. Surviving family members who may be eligible for compensation include spouses, children, siblings, and others.
Insurance Settlements Are Possible
Insurance settlements are possible, and they are often the first choice for most victims. Your attorney will likely begin settlement negotiations hoping to seek a fair offer. When you hear all the settlement offers, you can take one, sign the contract, and close the case. For many people, they may feel that settling helps them move past the accident, pay off their medical bills, and recover.
Going to Trial May Be Required
Going to trial may be required if your attorney believes that you can get more in court than the insurance company is offering. Your attorney, however, will explain what your best legal options are. A trial takes time, and your attorney will manage every step of the process for you. Going to trial allows you to appeal unfavorable decisions if necessary.
Frequently Asked Questions
What Is the Most Common Type of Personal Injury Claim?
The most common type of personal injury claim is related to motor vehicle accidents, including car, truck, and motorcycle collisions. In New Jersey in 2021, there were 3,166 people seriously injured and 697 fatalities in motor vehicle crashes. Those statistics don’t take into account the thousands of other, less severe injuries suffered by motorists each year.
Motor vehicle accidents can involve complex liability issues. This is particularly true in New Jersey given the state’s no-fault insurance laws and the choices drivers have between Limited Right to Sue and Unlimited Right to Sue insurance policies.
Other frequent personal injury claims involve slip and falls, medical malpractice, workplace accidents, and dog bites. Each of these has its own set of legal considerations and local statutes that come into play. Knowing the nuances of New Jersey law can significantly affect the outcome of your case, and professional guidance can be invaluable.
Can You Sue for Pain and Suffering in New Jersey?
Yes, you can sue for pain and suffering in New Jersey. Pain and suffering damages fall under the category of non-economic damages, which also include loss of consortium, loss of enjoyment of life, disability & disfigurement, and others. In most personal injury cases, New Jersey doesn’t have a cap on non-economic damages, meaning there’s generally no legal limit to the amount you can claim for pain and suffering.
However, New Jersey follows a Limited Right to Sue policy for auto accidents, which affects your ability to claim pain and suffering damages. If you have selected the Limited Right to Sue option on your auto insurance policy, your premiums will be lower, but you can only sue for pain and suffering if the injuries are severe. Severe injuries may include:
- Loss of a body part
- Significant disfigurement
- Significant scarring
- Permanent injury
Choosing the Unlimited Right to Sue option allows you to sue for pain and suffering regardless of the severity of your injuries.
If you believe you’re entitled to compensation for pain and suffering, a Fair Lawn personal injury attorney can help you navigate the complexities of New Jersey law to maximize your claim.
Read More: What Is Pain and Suffering Worth?
Is It Better To Take a Settlement or Go to Court?
The question of whether it’s better to accept a settlement or go to court is a complex one that depends on various factors, including:
- Specifics of the case
- Strength of the evidence
- Parties involved
- Your personal circumstances
Settlements are more common because they offer a quicker, less stressful resolution without the uncertainties of a court trial. However, a settlement might not always be in your best interest, especially if the offer is significantly lower than the actual damages you’ve incurred. Sometimes, going to court can yield a larger payout, but this comes with the risks of more of your time spent and the possibility of losing your case entirely.
Before making any decisions, consult with a Fair Lawn personal injury lawyer. They can review the details of your case and guide you to the most appropriate strategy, be it negotiation for a better settlement or proceeding to trial. Regardless, their primary aim should be to ensure you get the compensation you deserve so you can get started on the path to recovery.
How Long Do You Have To Sue Someone in New Jersey?
In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the accident or injury, as outlined in N.J.S. 2A:14-2(a). This means you have a two-year window to file a lawsuit against the party responsible for your injury. If you fail to file within this time frame, you could lose your right to seek compensation entirely.
However, there are exceptions. For instance, if the injured party is a minor, the statute of limitations doesn’t begin until they reach the age of 18. Additionally, if the injury is not discovered right away, the clock may start ticking from the “date of reasonable discovery” instead.
Read More: When Is It Too Late To Sue for Malpractice?
Given the complexities and exceptions, it’s crucial to consult a Fair Lawn personal injury lawyer as soon as possible after an accident or injury. Our firm offers a FREE case review to evaluate your situation and guide you through the legal process. We will help you understand your rights and options under New Jersey law, ensuring you take action within the requisite time frame.
How Long Does It Take To Settle a Personal Injury Case in New Jersey?
The time it takes to settle a personal injury case in New Jersey can vary significantly depending on the complexities involved. Factors such as the severity of the injuries, the clarity of fault, the number of parties involved, and the willingness of the insurance companies to settle can all influence the timeline. A straightforward case might be resolved in a matter of months, while more complex cases can take several years to reach a conclusion.
Generally, after an injury, the first step is to complete all necessary medical treatments. Once your condition has stabilized, your attorney can get a clearer idea of the damages to claim. These may include medical expenses, loss of income, and pain and suffering. Negotiations will proceed from there.
Insurance companies often try to prolong the process in the hope that you’ll accept a lower settlement. However, it’s essential to consult your attorney before accepting any offers to ensure you’re fairly compensated for your losses.
If you’re dealing with a personal injury case, Maggiano, DiGirolamo & Lizzi offers a FREE case review to discuss your specific situation and options, ensuring you make an informed decision on how to proceed.
Call Our Fair Lawn Personal Injury Attorneys For Your Free Consultation
In New Jersey, you have a limited amount of time to file your personal injury or wrongful death claim. According to New Jersey Statutes §2a:14-2, you have up to two years to begin the process.
Your personal injury case requires evidence, patience, and a legal plan that allows you to recover. A Fair Lawn personal injury lawyer can be with you through every step of your case after an accident.
Call Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a free case review.