New Jersey Personal Injury Attorneys Proudly Serving Hoboken
Injuries occur in various ways, and many times, they are caused by one or more people acting in a negligent fashion. If you are the victim of negligence that has caused you to be injured, you may be facing:
- A lengthy period of time when you are unable to work
- An indeterminate cost for medical expenses
- Diminished physical and psychological health
Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a FREE consultation about your eligibility to bring a personal injury lawsuit and seek compensation for your damages.
Personal Injuries Can Happen Anytime, Anywhere. Even in Hoboken.
Hoboken is part of the real world, which means that potential hazards lie in virtually any setting in the city. Some scenarios that may have led to you becoming injured include:
- A slip or trip and fall accident
- An accident involving a defective product
- Ingesting a drug that proves harmful
- A car accident
- A trucking accident
- An accident in your workplace
- A criminal act that led to your injury
- A dog bite
- An injury that occurs because of inadequate security at a business, domicile, or other location
These and other scenarios are noteworthy not only because they could have caused your injury, but also because they may involve one or more people acting in a negligent manner. Negligence is a fundamental element of many personal injury lawsuits and may be central in yours.
The Importance of Negligence in a Personal Injury Lawsuit
Negligence is considered the failure to exercise the level of care that a reasonably prudent person would have exercised in similar circumstances. This definition generally applies in any given personal injury case where it is alleged that negligence caused an injury to occur, and in doing so caused additional losses related to the injury in question.
Whether your injury resulted from a motor vehicle collision, a workplace accident, or another circumstance, a Hoboken personal injury lawyer will aim to prove that the defendant in your case acted negligently in some way.
To prove negligence, a lawyer must do the following:
Cite the Duty of Care That Generally Applies to Defendants in a Personal Injury Lawsuit
A duty of care generally states that somebody will not act in a way that puts others at an unreasonable risk of harm and is a basic barometer for proving negligence in many cases.
Cite Evidence Showing That the Defendant Violated Their Duty of Care
The circumstances of your case will determine what such evidence may look like, and your lawyer will rely on the facts of your case as they attempt to prove that you were the victim of a breach of duty of care.
Establish a Link Between the Defendant’s Breach and Your Injuries
This phase of a personal injury lawsuit is referred to as proving causation and is an important part of any successful personal injury lawsuit.
Determine the Kind and Amount of Awards That You Are Entitled to Receive
Your lawyer will put forth this determination in settlement negotiations or at trial—whichever route your personal injury case takes.
A Hoboken personal injury lawyer has experience with proving negligence in cases like yours. To learn more about how a lawyer could assist in your pursuit of compensation, call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a FREE consultation.
A Hoboken Personal Injury Lawyer Can Provide Several Services
Should you choose to employ the assistance of an attorney for your personal injury lawsuit, you can expect them to provide several services. These may include:
- A free consultation to learn the basic facts of your case
- Collection of evidence relevant to your case
- Private investigation that could result in additional evidence
- The use of experts who could provide testimony in your favor
- Drafting and filing all legal paperwork required to start and complete your case
- Handling all other legal aspects of your case
- Providing representation in settlement negotiations
- Arguing your case in front of a jury if your case takes that route
- Defending your rights throughout the life of your lawsuit
These services may be of help to you if you:
- Are not a lawyer yourself
- Do not have experience bringing a personal injury lawsuit
- Would like assistance with your case
- Feel that a lawyer’s help could relieve you of additional stress
If your Hoboken personal injury lawyer can prove that negligence was the cause of your injury and you ultimately secure compensation through a settlement, then all or some of your negligence-caused losses could be covered.
Possible Awards in a Hoboken Personal Injury Lawsuit
Compensation that you may be entitled to receive will depend on the losses that you have sustained. Some awards that could be granted in a personal injury lawsuit include financial coverage for:
- Emergency transportation from the scene where the injury occurred
- Care that you received in an emergency department
- Any surgeries required to treat your injury
- Any other medical expenses that were the result of negligence
- Wages or salary that you have forfeited due to your injury
- Mental anguish
- Pain and suffering
You could be entitled to further awards if the circumstances of your case dictate.
Frequently Asked Questions
What Is a Personal Injury?
A personal injury refers to an injury to a person’s body, mind, emotions, and/or reputation due to the negligence or wrongful conduct of another individual, business, or entity. It doesn’t pertain to damage or harm to property. The types of incidents that can lead to personal injury are wide-ranging, including car accidents, slip and fall incidents, medical malpractice, product liability, and workplace accidents.
The harm suffered in these cases can range from minor injuries to severe ones that cause permanent disability or even result in wrongful death. Personal injuries can be physical, like broken bones, cuts, burns, or spinal injuries. They can also be emotional or psychological, including conditions like post-traumatic stress disorder or depression that result from the incident.
The aim of personal injury law, or tort law, is to provide relief to the injured party for the harm caused by someone else’s negligence and to discourage others from negligent actions. Injured parties can seek compensation, or damages, for various losses associated with the injury, such as medical expenses, lost income, pain and suffering, and more.
To pursue a personal injury claim, the injured party, or plaintiff, typically needs to prove that the defendant was negligent and this negligence directly led to their injury. An experienced Hoboken personal injury lawyer can guide this process, advocating for the injured party’s rights and interests.
What Is the Most Common Personal Injury Claim?
Undoubtedly, the most frequently encountered personal injury claims stem from car accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were 1,593,390 injury-related motor vehicle accidents in 2020. That year in New Jersey, the state police reported 587 fatalities.
Motor vehicle accidents can involve cars, motorcycles, trucks, pedestrians, and bicycles. The injuries can range from minor cuts and bruises to serious conditions like traumatic brain injuries or spinal cord damage, with some injuries resulting in death.
Motor vehicle accidents can occur due to various reasons, such as driver negligence, distracted driving, speeding, drunk driving, or vehicle malfunctions. Individuals who suffer injuries may file a personal injury claim seeking compensation for medical expenses, lost wages, and pain and suffering.
Personal injury law is quite broad and encompasses various other types of claims. Other common personal injury claims include workplace injuries, dog bites, product liability, and slip and fall accidents.
What Are the Three Types of Personal Injury Damages?
In a personal injury lawsuit, damages are the monetary compensation awarded to an injured party who has been harmed due to another party’s negligence or intentional act. While there are several specific types of damages, they broadly fall into three categories:
These damages compensate for quantifiable financial losses that result directly from the injury. These include but are not limited to:
- Medical expenses
- Rehabilitation costs
- Lost income
- Loss of earning capacity
- Out-of-pocket expenses
Also known as general damages, these compensate for non-monetary losses that are harder to quantify but nonetheless significant.
- Pain & suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
- Disfigurement or physical impairment
Unlike economic and non-economic damages, punitive damages are not intended to compensate the plaintiff for their losses. Instead, they are designed to punish the defendant for particularly egregious or malicious behavior and to deter others from engaging in similar conduct. Not all cases qualify for punitive damages, and they are very rarely awarded. This is partially because it falls upon the plaintiff to prove that the defendant’s actions were willful, wanton, or malicious.
What Is the Statute of Limitations for Injury in New Jersey?
The statute of limitations refers to the period within which a lawsuit must be filed. According to New Jersey Statutes § 2A:14-2, the statute of limitations for personal injury cases is generally two years. This means that if you’ve been injured in an accident due to someone else’s negligence, you have two years from the date of the injury to file a lawsuit against the party at fault.
It’s crucial to adhere to this timeframe because if you attempt to file your case after the two-year limit, the New Jersey courts will likely refuse to hear it, and you’ll lose your right to compensation. There can be exceptions or modifications to this rule based on specific circumstances, such as if the injured party is a minor or if the injury was not discovered right away.
However, understanding the specifics of these exceptions can be complex, and it’s wise to consult with a Hoboken personal injury attorney to ensure your rights are fully protected. Remember, even if your claim is valid, you may forfeit your right to seek compensation if it is not filed within the legally prescribed time.
Can You Sue for Pain and Suffering in Hoboken?
Yes, in Hoboken and throughout the rest of New Jersey, you can sue for pain and suffering in a personal injury case. Pain and suffering is a term that encompasses not only physical pain but also emotional and psychological distress caused by an injury. This might include anxiety, depression, loss of enjoyment of life, or other significant changes to your mental well-being.
Read More: When Can You Sue for Pain and Suffering?
Pain and suffering damages are non-economic damages, as they do not represent a direct financial loss. They are, therefore, more subjective than economic damages such as medical bills or lost wages. Quantifying pain and suffering can be challenging, as there’s no set formula to calculate these types of damages. Typically, factors such as the severity of the injury, the level of pain, the recovery time, and the impact of the injury on your life are considered. Documentation such as medical records, psychiatric evaluations, and personal journals documenting daily pain levels or emotional distress can support your claim.
In New Jersey, there’s generally no cap on the amount that can be awarded for pain and suffering, except in cases against public entities. The specific facts of your case, and often the sympathies of the court, can significantly impact the amount awarded. Consult with a knowledgeable Hoboken personal injury lawyer to guide you through this process and to help you make a strong case for these damages.
What Is the New Jersey Slip and Fall Law?
In New Jersey, slip and fall cases often fall under premises liability. This area of law holds property owners and occupiers responsible for accidents and injuries that occur on their property.
Property owners in New Jersey have a duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. This applies to both public and private property owners, including businesses, homeowners, landlords, and municipal entities.
If a person slips, trips, or falls and is injured due to a hazardous condition on someone else’s property, they may have a valid claim if they can prove that the property owner or manager knew or should have known about the dangerous condition and failed to take reasonable steps to remedy the situation or to warn visitors.
However, per N.J. Statutes § 2A:15-5.1, New Jersey follows a comparative negligence rule in personal injury cases, including slip and falls. This means that if the injured person is found to be partially at fault for the accident (for example, they were distracted or ignored a hazard), any damages awarded to them will be reduced in proportion to their degree of fault.
As always, it’s advisable to consult with a skilled Hoboken personal injury attorney to understand your rights and navigate the legal process effectively.
How Long Does an Employee Have to Report an Injury in Hoboken?
In Hoboken, New Jersey, like the rest of the state, an employee who suffers a work-related injury or illness should notify their employer as soon as possible. Per Workers’ Compensation Law 34:15-17, this should be done within 14 days of the injury or after a doctor has diagnosed a work-related illness. However, there are some exceptions to this rule, including:
- The employer knew or should have known about the injury or illness
- There was sufficient reason for not notifying the employer within that amount of time
- The employee was unaware of the time limit
In some cases, the law allows the expansion of the reporting window to 90 days. Any workers’ compensation claim will likely be denied if the injury or illness isn’t reported within the 90 days.
It is always advisable to report any injury or illness sooner rather than later. Reporting promptly helps ensure the details of the incident are fresh and accurately recorded. It also initiates the workers’ compensation claims process, which can be critical in receiving medical treatment and wage replacement benefits promptly.
Once the employer is notified, they should inform their workers’ compensation insurance carrier and the claim process commences. It’s worth noting that employees have up to two years to formally file a claim with the New Jersey Division of Workers’ Compensation, but this does not negate the importance of early reporting to the employer.
If you have concerns or encounter issues while reporting a workplace injury or filing a claim, consult your Hoboken personal injury attorney. They will be well-versed in workers’ compensation law and can ensure your rights are protected.
Call Our Hoboken Personal Injury Attorneys at Maggiano, DiGirolamo & Lizzi P.C. Today
If you were injured and believe somebody’s negligence was the cause or a contributing factor, you might have reason to bring a personal injury lawsuit. Call our team at Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 for a FREE consultation.
You may want to act soon, as N.J. Stat. § 2A:14-2a sets the statute of limitations for bringing a personal injury lawsuit at two years from the date that the accident occurred.