What qualifies as a ‘personal injury’ in NJ? Personal injury refers to a situation where someone has been physically or emotionally injured or killed as a result of someone else’s negligence. The individual harmed may seek a personal injury claim to get money from the person or company that wronged them as compensation for the harm.
Unfortunately, when you are injured in an accident, insurance companies may seem like they are not on your side. While they may offer a quick settlement, most likely this is to protect their bottom line, not your best interests. Your injuries can have long-term consequences, such as medical expenses, lost wages, home and lifestyle modifications, personal pain and suffering and even wrongful death, that demand aggressive legal action. The only way to get the compensation you are truly due is through legal action brought by an aggressive and knowledgeable personal injury law firm.
Our NJ Personal Injury Attorneys Can Help
The NJ personal injury lawyers at Villani & DeLuca P.C. have a great track record representing individuals facing all types of personal injury claims throughout New Jersey. Most cases involving serious personal injuries are much more complicated than a simple “fender bender” accident. We will take the time to work with you and understand how the injury impacts every area of your life, so we can fight for every penny you deserve. Our accident attorneys will negotiate with the insurance company to be sure you get the compensation you deserve and protect your rights. Villani & DeLuca’s knowledgeable lawyers understand the New Jersey laws and will guide you through them, helping you at every step of the process.
What is the New Jersey Personal Injury Law?
The New Jersey statute of limitations on personal injury cases can be found at New Jersey Code section 2A:14-2. New Jersey’s system for injury compensation is structured under tort law, which attempts to rectify a “civil wrong” that caused losses or suffering to another individual. Personal injury torts usually are focused on the harm done due to the negligence of a person, corporation or any other entity. Tort lawsuits are handled outside the criminal system, and thus do not have the same ramifications that a criminal suit would (such as a prison sentence).
In New Jersey, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to court and file a lawsuit against those responsible for the injury.
Types of Claims
- Negligence – Negligence simply means the injured person claims that the wrongdoer was careless. Automobile accident cases are the classic example of negligence claims.
- Premises Liability – Premises liability cases hold property owners and residents liable for accidents and injuries that occur on that property. Examples of premises liability cases would be a trip or slip and fall.
- Dog Bites – Each day, about 1,000 Americans require emergency care treatment for a dog bite injury. In deciding who is responsible for an animal bite, the first thing to determine is: who is the owner of the animal? New Jersey’s dog bite statute is a “strict liability” statute. This means that a dog’s owner is liable for injuries caused by the dog bite, even if he or she used reasonable care to restrain the dog or to protect or warn others. Breeds most responsible for serious injury and death include: the combination of molosser breeds, including pit bulls, curs, rottweilers, presa canarios, cane corsos, mastiffs, dogo argentinos, fila brasieros, sharpeis, and boxers. Consult with a qualified NJ dog bite attorney to evaluate your claim.
- Automobile Accidents – Motor vehicle accidents are often caused by a driver’s negligence, like drunk driving, texting, speeding or the failure to obey traffic signs. In car accident cases, New Jersey’s “no-fault” system means injury claims must be made against your own insurance policy, unless you can show that your injuries meet the “serious injury” threshold. This limits your options to demand compensation for pain and suffering, but expedites the payment of most claims. Your NJ accident lawyer will be able to help you receive the damages you deserve.
- Slip and Fall – Slip and fall injuries occur when someone literally slips and falls on an individual’s or business’ property and suffers an injury. Common causes of falls are unsafe stairs, defective or missing handrails, slippery floors, uneven steps, uneven walking surfaces, insufficient lighting, etc.Under New Jersey law, property owners are required to maintain their property in a safe condition. When property owners fail to do so and a slip and fall injury occurs as a result, the property owner must compensate the injured party for medical expenses, lost wages, loss of future earnings and pain and suffering. Work with a slip and fall lawyer in NJ to ensure your rights are protected.
- Workers’ Compensation – The law requires that all New Jersey employers not covered by Federal programs to have workers’ compensation coverage or be approved for self-insurance. Workers’ compensation provides medical treatment, wage replacement and permanent disability compensation to employees who suffer job-related injuries or illnesses, and death benefits to dependents of workers who have died as a result of their employment. An injured employee will receive benefits regardless of who was at fault. Seek counsel from a knowledgeable New Jersey workers’ compensation attorney to discuss your individual case.
- Shopping Mall Accidents – Shopping malls can be a dangerous place. For instance, if an escalator has a mechanical problem and does not open level onto the floor, the person exiting can trip and fall and sustain an injury. Accidents don’t just happen. There’s always a cause. According to the Occupational Safety and Health Administration (OSHA), “9 out of 10 customer accidents result from some form of negligence.”According to the National Retail Federation the most common causes of store injuries are: liquids spilled onto the floor, aisle obstructions, faulty staircases, elevators, and escalators, merchandise falling from shelves, cuts from jagged shelves and showcases, revolving and slamming door breakdowns, and insufficient lighting in parking lots. Find out if you have a legitimate case by speaking with a licensed New Jersey accident attorney.
- Pool Injuries – A swimming pool is 14 times more likely than a motor vehicle to be involved in the death of a child who is four years old or under. Swimming pool accidents can take place at a private home or public facility. Owners of both private and public pools have certain responsibilities when it comes to keeping their pools safe, including providing proper barriers to keep small children away from the pool and sufficient supervision. It also requires that the owners take reasonable measures to address any other potential safety risks, such as accidental drownings, injuries caused by low water levels, diving board accidents, injuries caused by drain suction, chemical burns, etc. A personal injury attorney familiar with pool accidents can fight for your claim and help your receive the compensation you are due.
- Products Liability – Product liability, also known as strict liability, refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Anyone who has had a role in putting the product on the market could be liable.
- Wrongful Death – The loss of a loved one is an overwhelming tragedy. When a loved one dies due to the negligence or wrongdoing of another person or entity, the survivors may be able to bring a wrongful death lawsuit. Wrongful death claims involve all types of fatal accidents, including automobile accidents, medical malpractice, premises liability, construction site accidents, product liability cases, etc. If someone you loved experienced a wrongful death due to someone else’s negligence, contact a wrongful death law firm immediately to seek significant compensation for your loss.
Contact an Experienced New Jersey Personal Injury Law Firm for Help
Whether you’re injured at work, bitten by a dog, hurt during a motor vehicle accident or on someone else’s property, we handle a wide range of workers’ compensation and personal injury cases. At Villani & DeLuca P.C., we are always available to speak with you 24 hours a day, 7 days a week. You will receive personal attention and sound legal counsel from the initial consultation throughout the entire process. We handle all personal injury claims on a contingency basis, meaning that you don’t pay us unless you win a settlement.
Contact the lawyers of Villani & DeLuca, P.C. at 732-709-7757 to protect your rights as soon as possible. Call today for a free consultation with an experienced lawyer. We serve clients throughout the state of New Jersey.