Union City Personal Injury Attorneys
As the dust settles after an accident, knowing what caused the incident and what parties are at fault for it may be unclear. Getting to the bottom of these issues, however, is integral to determining:
- Victims’ legal options
- All of the liable parties
- How to proceed with a personal injury claim.
At Maggiano, DiGirolamo & Lizzi, P.C., our Union City personal injury lawyers are skilled at helping the injured determine liability and pursue all available legal remedies so they can seek the full compensation they deserve. We are ready to discuss your potential claim, answer your questions and effectively represent you moving forward.
Hurt by Another’s Negligent or Reckless Actions?
Call (201) 585-9111 or Email Us
for a Free, Confidential, No Obligations Case Evaluation
Please do not hesitate to contact us whenever you need clear answers and straightforward advice regarding a potential claim. Evening and weekend appointments are available. Until then, the following presents some generally helpful information regarding fault determinations and how New Jersey’s negligence law works.
How Are Fault Determinations Made?
The type of accident that caused the injuries will dictate how the fault or liability determination for that incident is made. For example, in the event of a(n):
- Car accident: Police investigations and reports, as well as other drivers’ statements, cellphone records, etc. , can all be important elements in determining fault.
- Accident caused by a dangerous or defective product: Manufacturing records, as well as regulators’ reports, expert witness testimony, etc., can help reveal liability.
- Some other incident: Accident reports, witness statements and other evidence can be helpful in making fault determinations.
With fault determinations, it is also important to understand that:
- Multiple parties can share fault for a single accident – In some cases, the at-fault parties may even include the victims. In others, these parties can include individuals or entities that were not present when the incident occurred.
- Further investigations may need to occur in order to identify all of the at-fault parties – Holding all negligent parties liable can be central to maximizing victims’ financial recoveries.
What Happens When an Accident Victim Is Among the At-Fault Parties?
When accident victims have played a role in causing the incident that harmed them, their level or degree of fault will determine whether they may be entitled to financial recovery. In particular, it will be necessary to determine whether the victims were more than 51 percent at-fault for the incident (i.e., whether the victims were more at-fault than other involved parties).
This is due to the fact that, in terms of negligence law, New Jersey follows the 51 percent Bar Rule. Effectively, this means that:
- Accident victims CAN be eligible for compensation as long as their fault “contribution” is found to be 50 percent or less.
- The financial recoveries for accident victims who were partly at fault for an incident will be reduced in proportion to their level of fault in causing the accident.
The following example clarifies how this Rule works:
An errant driver turns left from the opposing lane of traffic, with the left turn signal on but at a time when another car is close enough to pose a danger to it. Nevertheless, he turns left, and a collision occurs, injuring to both drivers. Both drivers sue each other.
Should the jury find that the victim of the left-hand turn was perhaps driving a bit too fast or saw the left turning driver at a point when he could have reasonably taken evasive action, a jury may assess a percentage of fault.
As long as that percent is less than 51 percent the victim is entitled to a monetary recovery, reduced by the percentage of fault assessed against him or her.
So, if the verdict is 65 percent against the driver making the left hand turn and 35 percent against the oncoming driver, the left-turning driver receives nothing, and the oncoming driver receives 65 percent of the gross monetary amount that the jury awards.
Liability & Recoveries for Personal Injury Claims: The Bottom Line
When it comes to determining fault and assuring that accident victims get the compensation they deserve, an experienced personal injury attorney can be invaluable. A lawyer can conduct additional investigations, help you navigate the complexities of the law and protect your rights while helping you fight for the compensation you may deserve.
A Union City Personal Injury Lawyer at Maggiano, DiGirolamo & Lizzi, P.C. Is Ready to Help You
If you or a loved one has been harmed by another’s negligence or recklessness, contact an experienced Union City personal injury lawyer at Maggiano, DiGirolamo & Lizzi, P.C. by calling (201) 585-9111 or emailing us. We are ready to level the playing field and help you obtain the best possible resolutions.
Let us explain how our representation and support can make a difference in your claim, recovery and future. We look forward to helping you with your claim and recovery.
About Union City
Union City, located in Hudson County, New Jersey, is diverse, vibrant city that is home to more than 66,000 people. Nicknamed “Havana on the Hudson” and “Embroidery Capital of the United States,” Union City is part of the New York metropolitan area, and it features picturesque views of the City’s skyline.
Historically, Union City has been known as a locus of immigration, as well as a center for burlesque shows and vaudeville acts, including some that featured Fred Astaire and Harry Houdini.
In modern times, Union City is recognized for having the largest Cuban population in the U.S. (after Miami), as well as for its arts, culture and many landmarks, like the Monastery and Church of Saint Michael the Archangel, two Carnegie Libraries and various memorials honoring 9/11 victims.