Personal injuries may happen when another person acts in a negligent way, and that behavior can cause you to suffer physically, emotionally, and financially. These personal injuries take many forms and may occur in a wide range of scenarios.
Consistent with every situation, however, is the idea that the victim should not have to pay for the aftermath of personal injuries they did not cause. This is the reason for personal injury law.
If you suffered an injury in an accident or other type of situation brought about by another person’s negligence in Jersey City, New Jersey, the personal injury lawyers from Maggiano, DiGirolamo & Lizzi P.C. can represent you in a fight to get the compensation which tort law may entitle you to.
Call us today for a FREE consultation at (201) 585-9111.
Types of Personal Injury Cases We Accept
If another person or entity was in a position where they were possibly able to keep you from harm, and you suffered an injury because they failed to do so, you may have a personal injury case. A personal injury attorney can listen to your case and help determine your possible legal options for moving forward.
Some of the personal injury cases our law firm has accepted include:
- Car accidents
- Trucking accidents
- Construction accidents
- Premises liabilities
- Motorcycle accidents
- Roadway designs and defects
- Nursing home abuses and neglect
- Brain and spinal cord injuries
- Welding injuries
- Worker’s compensation
- Burn injuries
Call and talk to us about your personal injuries and the accident that caused them. If you have a personal injury case, this means you may be eligible to receive compensation to cover your medical expenses, lost wages, pain and suffering, and other damages.
Recoverable Damages in a Personal Injury Lawsuit
To date, Maggiano, DiGirolamo & Lizzi P.C. has collected more than $300 million for our clients. Our attorneys believe that no personal injury victim should be forced to struggle with medical bills and lost income, on top of their possible physical and emotional pain and suffering.
Car Accident Lawsuit Verdicts and Settlements
$1,300,000 - Motor Vehicle Crash
For 76 year old man that was struck by a vehicle that was traveling in reverse and ran over his leg. He required multiple surgeries and ultimately was forced to have an above knee amputation.
$2,250,000 - Motor Vehicle Crash
To a Union Electrician injured when he was hit on the Garden State Parkway north causing him to spin and hit the median barrier. The injuries sustained required two back surgeries following the aggravation of pre-existing stenosis leaving him unable to work.
$10,000,000 - Motor Vehicle Accident
To a government worker on assignment in South Africa who was thrown from the vehicle he was riding as a passenger and alleged to have not been wearing his seatbelt which resulted in severe brain injury causing significant disability in the use of his legs and hands as well as visual impairment. We were able to argue that use of a seatbelt in the facts of this case…
Types of Damages a Personal Injury Victim Might Receive
We will need to know the details of your personal injury claim before we may be able to assign a value, but past victims in personal injury cases have received some or all of the following types of damages:
- Medical expenses (past, ongoing, and future)
- Lost income and benefits
- Diminished future potential earnings
- Replacement costs (lawn maintenance, childcare, household chores)
- Pain and suffering
- Diminished enjoyment of life
- Mental anguish
If you contact our personal injury law firm, we can talk to you about cases we have previously tackled but keep in mind that no two injury cases are exactly alike. Your car accident or slip and fall occurred under different circumstances and may have different physical and financial outcomes than another victim of those same kinds of accidents.
Call Maggiano, DiGirolamo & Lizzi P.C. today at (201) 585-9111 to talk about your case and your possible eligibility to recover damages for your personal injury.
What Is the Personal Injury Claim Process?
A personal injury claim generally consists of the following steps. It is in your best interest to consult a Jersey City personal injury attorney as soon as possible and allow your lawyer to handle the process on your behalf:
The first step of your case consists of determining whether you have a case. A personal injury lawyer will investigate the circumstances of the accident, collect any available evidence, and make a determination as to who was at fault.
2. Issuing a Demand
Compensation for personal injury is generally paid through the defendant’s insurance (auto insurance, homeowners insurance, commercial liability insurance, etc.). As such, once the defendant or defendants have been identified, the next step is establishing what insurance coverage is available. Your attorney will then issue a demand letter to the insurer that lays out the cause of action and what damages you are seeking.
3. Settlement Negotiations
As a rule, insurance companies do not want to go to trial. Settlement is preferable because a payout typically entails less time, expense, and uncertainty. When faced with a personal injury claim, insurance carriers will typically enter into negotiations with the plaintiff’s attorney.
Our Jersey City personal injury lawyers know how to negotiate with the client’s best interest in mind. This often results in a higher settlement than plaintiffs can achieve on their own. An attorney at Maggiano, DiGirolamo & Lizzi will review any settlement offers with you and discuss the benefits of accepting the offer versus pushing for more.
Not all personal injury cases reach the litigation phase. However, if a fair settlement is not forthcoming, it may be necessary to assert your legal rights.
The first step consists of formally filing a lawsuit. Next, your personal injury lawyer will focus on preparing your case for trial. During this time, settlement negotiations may continue; while it is still possible to reach a settlement before going to court, it is crucial to have your case ready should the matter ultimately proceed to trial.
At trial, your personal injury lawyer will present evidence and call witnesses with the goal of obtaining a favorable judgment. Verdicts in personal injury trials often exceed the compensation that may be obtained via settlement.
The majority of personal injury cases do not go to trial. However, the potential does exist, and it is important to have an experienced trial lawyer with a track record of success who can effectively advocate for you in the courtroom.
Will My Personal Injury Case Go to Trial?
Generally speaking, the answer to this question is “No.” Settling a case takes less time, involves less risk, and carries less expense for plaintiffs and defendants alike.
However, there are factors that can make it more likely that a personal injury case will go to trial. These include:
- Cases involving serious injury and wrongful death
- Disputed liability
- Demands for substantial damages; going to trial may be necessary if you and the insurer are far apart on questions of fair compensation
- Complex or novel questions of law
Ultimately, a Jersey City personal injury lawyer can advise you whether or not your case may proceed to trial and what the chances of success may be. Attorneys at Maggiano, DiGirolamo & Lizzi have nearly a century of combined experience handling complex personal injury claims in New Jersey. We have a track record of taking cases to trial and winning, which gives us a distinct reputation among lawyers in the Jersey City area.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
The Office of Maggiano, DiGirolamo & Lizzi have been so helpful in my case that I just wanted to stress to anyone needing an attorney who has been in an accident that this office is the best. From the beginning of my case I was treated as number one. Mr. Maggiano and staff always kept me informed of the entire process of my case. I even had a driver, Juan, from their office, take me to my medical appointments because I no longer have an automobile. It just made me feel so much more relaxed. This is a law firm makes you feel right at home as soon as you come in. There were many times that I had questions and I would speak to Mariel, Mr. Maggianos’s paralegal and she would always be there to help
Joseph Maggiano is an excellent person to seek when you have any type of legal issue. He is attentive, knowledgeable and takes his time to explain the process. He is such a nice and pleasant person to deal with. I highly recommend him and his law office for your legal advice!
What Happens If I’m Partially at Fault for the Accident?
Your right to compensation for personal injury is contingent on the ability to prove that one or more parties are at fault. This may be a reckless driver, a careless property owner, a negligent medical provider, the maker of a defective product, and more.
But what if you yourself contributed to the accident? Although it is natural to be concerned about the role you may have played, it is important to know that partial fault on your part does not prevent you from making a personal injury claim in most cases.
New Jersey has a modified comparative negligence rule. The law establishes a 50% threshold for fault in a personal injury case. So long as the plaintiff is not more responsible for an accident than the defendant(s), the plaintiff may still recover compensation for losses. A finding of comparative negligence, however, will reduce the plaintiff’s damages by a percentage equal to his or her portion of fault for the accident.
Bottom line: Do not let allegations of fault deter you from speaking to a personal injury attorney. Maggiano, DiGirolamo & Lizzi will carefully assess the evidence to answer questions of fault and counsel you as to the amount of compensation that may be recoverable in your claim.
How Much Does a Personal Injury Lawyer Cost?
At Maggiano, DiGirolamo & Lizzi, we provide a FREE consultation. This gives prospective clients the opportunity to share their story with us and learn what our firm can do for them without having to worry about spending money just to talk to a lawyer.
In addition, we handle all personal injury claims on a contingency basis. This means you don’t pay any fees or other costs unless and until we settle your case favorably or win at trial. Once we achieve a result on your behalf, our fee is a percentage of the recovery.
Our fee structure allows injured people to retain legal counsel without incurring expenses beyond those they are already facing after an accident. Such an arrangement provides our clients with peace of mind and the ability to focus on recovery while our Jersey City personal injury lawyers concentrate on building the case and fighting for a positive result.
How a Jersey City Personal Injury Lawyer Can Help You
Do not be surprised if you get a call from the insurance company where the person who may have caused your injury holds a policy. They will want to talk to you about your accident and your injuries, and they may offer you a settlement.
Take note that whatever amount they offer you could be lower than the actual value of your case. If you accept the offer, you may be unable to pursue additional damages if your condition worsens.
We Will Take Care of All Aspects of Your Personal Injury Claim
If you let a Jersey City personal injury attorney from Maggiano, DiGirolamo & Lizzi P.C. handle your case, they can help handle different aspects of your case, including:
- Investigate your accident: collecting evidence and talking to witnesses to determine how it happened, who caused it, and how it has affected you.
- Build your case: using the collected evidence to establish that the at-fault party had a duty to keep you from harm, they violated that duty, this caused your injury, and you suffered damages.
- Draft a demand letter: itemizing all the losses and damages you may have sustained from your injury, then presenting your demand for compensation to the at-fault party’s insurer.
- Negotiate with the insurance adjuster: fighting to get a more accurate settlement offer.
- File a lawsuit: taking the matter to civil court if the insurance company refuses to agree to what we consider a fair settlement.
- Represent you in civil court: standing by your side and litigating your right to possibly receive a just award from the judge or jury.
We will do whatever is required to protect your legal rights—using the latest technology to build your case and the most credible experts to support your personal injury claim.
Your Statute of Limitations Clock is Ticking in New Jersey
When it comes to filing a personal injury lawsuit to recover damages from a personal injury, the New Jersey statute of limitations gives victims a limited amount of time to act. Generally, you may have two years from the date of your accident to take legal action against the at-fault party depending on the case.
While this may seem like plenty of time, you would be surprised how quickly two years flies by. You may be distracted by your physical recovery and trying to get your life back on track. Before you know it, your time will be up, and your options for moving forward with a personal injury lawsuit may be barred.
By hiring an accident lawyer soon after the incident, you may be able to get the process started sooner. A Jersey City personal injury lawyer can take more time to build a case and get access to a larger pool of usable evidence, especially since witnesses’ memories may fade over time.
Frequently Asked Questions
What Are the Elements of a Personal Injury Lawsuit?
The elements of a personal injury lawsuit revolve around establishing negligence. Essentially, negligence occurs when someone does not exercise the level of care that a reasonable individual would demonstrate in the same situation. A plaintiff must prove four key points to establish negligence:
- Duty: The defendant had a legal duty to the plaintiff under the circumstances.
- Breach: The defendant breached that duty by acting or failing to act in a certain way.
- Causation: It was the defendant’s actions (or inaction) that actually caused the plaintiff’s injury.
- Damages: The plaintiff suffered losses or injuries as a result of the defendant’s actions.
These elements form the backbone of personal injury law. Each element must be established for a court to award any compensation. A Jersey City personal injury lawyer understands how to prove and present these elements.
How Long Does a Personal Injury Case Take in NJ?
The duration of a personal injury case in New Jersey varies significantly based on the case’s complexity, the clarity of facts, the extent of injuries, and the willingness of parties to settle. Cases can range from a few months for straightforward claims to several years for more complex issues involving severe injuries or disputed liability.
The legal process involves several stages: investigation, filing, discovery, negotiation, and potentially a trial. New Jersey’s court system strives for efficiency, but the thoroughness required for justice often extends timelines. A case might settle quickly if liability is clear and insurers are cooperative, while contested cases requiring expert testimony will take longer.
Jersey City personal injury lawyers, like those at Maggiano, DiGirolamo & Lizzi, understand the emotional and financial stress extended cases can cause. With a mission embodying courage and driven by justice, they work diligently to expedite the process without compromising the quality of their representation.
Is Settlement Money Taxable?
In general, settlement money from a personal injury case in New Jersey is not considered taxable income at the federal or state level. The IRS does not usually tax compensation that arises from physical injuries or physical sickness under IRC § 104(a)(2). This means that if you received a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury in prior years, the full amount is non-taxable and does not need to be included in your income.
However, there are exceptions. If part of the settlement includes lost wages, that portion may be taxable as income. Additionally, in the rare event that the settlement includes punitive damages, they are typically taxable and must be reported to the IRS.
It’s also important to note that if you deduct medical expenses related to the injury on a previous tax return and then later receive a settlement for that injury, the portion of the settlement corresponding to the medical expenses you deducted may be taxable.
Because tax laws can be complicated and may change, it’s advisable to consult with a tax professional and a personal injury attorney to understand the tax implications of any settlement received.
What Are Compensatory Damages in New Jersey?
Compensatory damages in New Jersey are monetary awards given to a plaintiff to compensate for losses suffered due to another’s negligence or wrongful action. They are intended to restore the injured party to the position they would have been in had the injury not occurred.
Compensatory damages can be divided into two main categories:
These include quantifiable losses such as medical expenses, lost wages, and rehabilitation costs. Essentially, any out-of-pocket expenses that can be documented and attributed directly to the injury fall into this category.
These are more subjective and compensate for non-monetary aspects of harm suffered, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. These damages are not as easily quantifiable.
New Jersey law allows injured parties to claim compensatory damages in a personal injury lawsuit. The aim is to make the plaintiff whole again—to the extent that money can do so. While no amount of money can reverse the injury, compensatory damages are the legal system’s way of balancing the scales.
For accurate estimation and pursuit of these damages, consulting with the experienced Jersey City personal injury lawyers at Maggiano, DiGirolamo & Lizzi is essential. They can help document and quantify these losses, ensuring you seek appropriate compensation for your injuries.
What Is the Meaning of Punitive Damages?
Punitive damages in New Jersey refer to monetary compensation awarded to a plaintiff that go beyond what is necessary to compensate for losses. These are intended to punish the defendant for particularly egregious or malicious behavior. The purpose of punitive damages is to serve as a deterrent to the defendant and others from engaging in similar conduct in the future. The award of punitive damages is incredibly rare.
Under New Jersey Statutes § 2A:15-5.12(b), punitive damages are only awarded when the plaintiff can prove that the harm suffered was the result of the defendant’s acts or omissions, and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions.
It is important to note that there are strict guidelines and caps on punitive damages in New Jersey. For example, punitive damages are limited to the greater of five times the compensatory damages or $350,000. Because of their complexity and the high burden of proof, plaintiffs considering seeking punitive damages should consult with skilled Jersey City personal injury lawyers who can provide guidance on the viability of such a claim in their specific case.
Can You Sue for Pain and Suffering in NJ?
Yes, you can sue for pain and suffering in New Jersey. Pain and suffering falls under non-economic damages in a personal injury lawsuit, which are intended to compensate the injured party for the physical and emotional distress resulting from an injury.
New Jersey law allows for the recovery of pain and suffering damages, but certain thresholds must be met, particularly in car accident cases. If a plaintiff has chosen a standard policy with the limitation on lawsuit option, per § 39:6A-8, they can only sue for pain and suffering if their injuries are deemed to be significant. Injuries that qualify include:
- Loss of a body part
- Significant disfigurement or scarring
- Displaced fracture
- Loss of a fetus
- Permanent injury
It’s worth consulting with Jersey City personal injury lawyers for a comprehensive evaluation of your case. The attorneys at Maggiano, DiGirolamo & Lizzi can help determine whether your injuries meet the legal threshold to claim pain and suffering damages in New Jersey and guide you through the legal process to seek the compensation you deserve.
Our Jersey City Personal Injury Attorneys Are Here to Help You
The personal injury law firm of Maggiano, DiGirolamo & Lizzi P.C. is devoted to their mission of helping personal injury victims get the justice they may be entitled to. We do not believe you should have to bear the financial burdens of an injury you did not cause, and will fight for your right to possibly receive compensation from the person or entity that may have caused your injury.
Call Maggiano, DiGirolamo & Lizzi P.C. at (201) 585-9111 for a FREE consultation. We charge you nothing unless we win your case.